January 15, 2009 CONGRESSIONAL RECORD — SENATE S419 

when you consider that during that 5 

years, the plaintiff can diligently be 

preparing a lawsuit while the defendant is ignorant about the very grievance itself, perhaps, and memories and 

records fade. 

So I think it is important, as we go 

into this bill, that it be characterized 

as the Trojan horse that it is. This is 

just the beginning. If you eliminate the 

statute of limitations in employment 

discrimination claims, why not eliminate the statute of limitations in other 

claims: medical malpractice, any other 

business disputes, and the like? It is 

just not fair, and it is not right. We 

should not allow this bill to be represented as a blow for women’s equality and women’s rights because it simply is much broader and has much 

more of a broader implication than 

that. 

I am convinced this bill is actually a 

solution in search of a problem because 

it is worth noting that in fiscal year 

2007, a total of 82,000-plus people timely 

filed complaints of employment discrimination with the EEOC. It is important to ask what prevented Ms. 

Ledbetter from doing exactly the same 

thing, from filing her complaint at the 

time she knew that perhaps she had a 

grievance that could be presented to 

the employer. 

So I thank you, Mr. President, for 

the opportunity to speak briefly on the 

bill. Assuming cloture is adopted, I 

hope we will be taking up Senator 

HUTCHISON’s alternative, which I think 

strikes the fair balance for which I 

would hope we would all strive, protecting the rights of both those who 

are victims of discrimination and the 

companies that have to defend against 

those claims. 

Mr. President, I yield the floor. 

f 

CONCLUSION OF MORNING 

BUSINESS 

The ACTING PRESIDENT pro tempore. Morning business is closed. 

f 

DESIGNATING CERTAIN LAND AS 

COMPONENTS OF THE NATIONAL 

WILDERNESS PRESERVATION 

SYSTEM 

The ACTING PRESIDENT pro tempore. Under the previous order, the 

Senate shall resume consideration of S. 

22, which the clerk will report by title. 

The assistant legislative clerk read 

as follows: 

A bill (S. 22) to designate certain land as 

components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of 

the Interior and the Department of Agriculture, and for other purposes. 

Pending: 

Reid amendment No. 15, to change the enactment date. 

Reid amendment No. 16 (to Reid amendment No. 15), of a perfecting nature. 

Motion to commit the bill to the Committee on Energy and Natural Resources, 

with instructions to report back forthwith, 

with Reid amendment No. 17, to change the 

enactment date. 

Reid amendment No. 18 (to the instructions of the motion to commit), of a perfecting nature. 

Reid amendment No. 19 (to Reid amendment No. 18), of a perfecting nature. 

The ACTING PRESIDENT pro tempore. Under the previous order—the 

majority leader is recognized. 

Mr. REID. I suggest the absence of a 

quorum. 

The ACTING PRESIDENT pro tempore. The clerk will call the roll. 

The assistant legislative clerk proceeded to call the roll. 

Mr. REID. Mr. President, I ask unanimous consent that the order for the 

quorum call be rescinded. 

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. 

Under the previous order, there shall 

be 10 minutes of debate equally divided 

and controlled between the Senator 

from New Mexico, Mr. BINGAMAN, and 

the Senator from Oklahoma, Mr. 

COBURN, or their designees. 

The Senator from New Mexico. 

Mr. BINGAMAN. Mr. President, as I 

understand it, we now have 10 minutes 

equally divided to complete debate on 

S. 22, and then there will be a vote on 

passage. Is that correct? 

The ACTING PRESIDENT pro tempore. The Senator is correct. 

Mr. BINGAMAN. Mr. President, in 

just a few minutes, the Senate will 

vote on S. 22, the Omnibus Public Land 

Management Act. The vote will culminate years of work on more than 160 

bills that are included in this package 

and represents a major achievement for 

the protection of our Nation’s natural, 

cultural, and historic resources. Taken 

collectively, I believe the package represents the most significant conservation legislation passed by the Senate in 

many years. 

In addition, it will finally resolve 

three very important, very complex 

water rights settlements in three different States ending, literally, decades 

of litigation and controversy. 

AMENDMENTS NOS. 23 AND 24, EN BLOC

Before concluding, I wish to take 

care of a few administrative matters. 

The unanimous consent agreement for 

the bill today allows for the adoption 

of managers’ amendments if they have 

been cleared by the managers and leaders on both sides. We have two such 

amendments which are at the desk. I 

understand they have been cleared by 

all my colleagues. These amendments 

make a number of technical, clerical, 

and clarifying corrections. 

At this time I ask unanimous consent to call up those two amendments 

and have them considered and adopted 

en bloc, as provided for in the unanimous consent agreement. 

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. 

Under the previous order, the pending amendments are withdrawn. 

The clerk will report the managers’ 

amendments en bloc. 

The assistant legislative clerk read 

as follows: 

The Senator from New Mexico [Mr. BINGAMAN], for himself and Ms. MURKOWSKI, proposes amendments en bloc numbered 23 and 

24. 

Mr. BINGAMAN. Madam President, I 

ask unanimous consent that the reading of the amendments be dispensed 

with. 

The PRESIDING OFFICER (Mrs. 

MCCASKILL). Without objection, it is so 

ordered. 

The amendments are as follows: 

AMENDMENT NO. 23

On page 976, strike lines 8 through 25. 

On page 977, line 1, strike ‘‘(6)’’ and insert 

‘‘(5)’’. 

On page 977, line 3, insert ‘‘and’’ after 

‘‘interactions;’’. 

On page 977, line 4, strike ‘‘(7)’’ and insert 

‘‘(6)’’. 

On page 977, line 5, strike ‘‘(6)’’ and insert 

‘‘(5)’’. 

On page 977, line 8, strike ‘‘scales;’’ and insert ‘‘scales.’’. 

On page 977, strike lines 9 through 17. 

On page 1275, strike lines 3 through 6. 

AMENDMENT NO. 24

Beginning on page 305, strike line 9 and all 

that follows through page 349, line 21. 

On page 526, line 2, strike ‘‘2’’ and insert 

‘‘5’’. 

On page 526, line 7, strike ‘‘5’’ and insert 

‘‘2’’. 

On page 974, line 19, insert ‘‘the Secretary 

of the Army, acting through’’ before ‘‘the 

Chief’’. 

On page 1188, line 19, strike ‘‘or’’ and insert 

‘‘of’’. 

Beginning on page 1271, strike line 3 and 

all that follows through page 1273, line 22, 

and insert the following: 

Section 107(a) 

The PRESIDING OFFICER. Without 

objection, the amendments are agreed 

to. 

The amendments (Nos. 23 and 24) 

were agreed to. 

COLORADO RIVER BASIN

Mr. BINGAMAN. Madam President, 

the Senate is now considering the Omnibus Public Land Management Act of 

2009, S. 22, a bill that contains a number of important water resource initiatives. Given the ongoing need to work 

closely with the states on water resource issues, I believe it important as 

chairman of the Energy and Natural 

Resources Committee for myself, and 

the new ranking member of the Committee, to acknowledge the hard work 

of representatives from the Colorado 

River Basin States of New Mexico, Colorado, Utah, Wyoming, Arizona, Nevada, and California, in reaching agreement regarding certain provisions in 

title X, subtitle B of S. 22, which contains the Northwestern New Mexico 

Rural Water Projects Act, hereafter referred to as the ‘‘Act’’. 

On August 27, 2008, the Governors’ 

representatives on Colorado River Operations sent a letter to me and Senator DOMENICI, then the ranking member of the committee, requesting certain modifications to the Northwestern 

New Mexico Rural Water Projects Act. 

These modifications, which were subsequently incorporated, reflect the joint 


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S420 CONGRESSIONAL RECORD — SENATE January 15, 2009 

consideration, input, and understandings of the Governors’ representatives from the Basin States concerning 

the act and how it relates to the interstate compacts for the Colorado River 

system. I want to congratulate the representatives on reaching agreement regarding what I recognize are complicated legal and operational issues 

associated with the Colorado River. 

Ms. MURKOWSKI. I join with the 

chairman of the Energy and Natural 

Resources Committee in congratulating the representatives of the seven 

Colorado River Basin States on reaching agreement regarding certain provisions in the Northwestern New Mexico 

Rural Water Projects Act, and concur 

in the request for unanimous consent 

that the August 27, 2008, letter be made 

a part of the RECORD relating to the 

consideration of S. 22. 

Mr. BINGAMAN. Madam President, I 

ask unanimous consent that the August 27, 2008, letter be printed in the 

RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

AUGUST 27, 2008. 

Hon. JEFF BINGAMAN, 

U.S. Senator, Committee Chairman, Energy and 

Natural Resources Committee, Hart Senate 

Office Building, Washington, DC. 

Hon. PETE DOMENICI, 

U.S. Senator, Ranking Member, Energy and 

Natural Resources Committee, Hart Office 

Building, Washington, DC. 

DEAR SENATOR BINGAMAN AND SENATOR

DOMENICI: In recent years, the seven Colorado River Basin States, (‘‘Basin States’’), 

have, through extensive interstate consultation, taken steps and forged agreements designed to ensure that use and management of 

the Colorado River System continues to 

meet existing and future demands in a manner that respects and protects the interests, 

rights, claims and privileges of each of the 

seven states. Along those lines, enclosed are 

the Basin States’ recommended modifications to S. 1171, the Northwestern New Mexico Rural Water Project Act, as reported by 

the Senate Energy and Natural Resources 

Committee on June 25, 2008, and consolidated 

into S. 3213, the Omnibus Public Land Management Act as Title X, Subtitle B. The undersigned Governors’ Representatives on Colorado River Operations request that Congress adopt proposed modifications to S. 1171/ 

S. 3213 in a form substantially consistent 

with the attached language, and that the 

Congressional legislative history of S. 1171/S. 

3213 specifically reflect and reference the 

joint consideration, input and consensus 

from the Basin States as provided herein. 

S. 1171/S. 3213 provides Congressional approval of a settlement of the Navajo Nation’s 

claims to water rights in the San Juan River 

Basin in New Mexico that will authorize diversion and distribution of San Juan River 

water through the Navajo-Gallup Water Supply Project to Navajo and non-Navajo communities in the Upper Colorado River Basin, 

the Lower Colorado River Basin and the Rio 

Grande Basin within New Mexico. Contingent upon enactment of federal legislation 

approving a water rights settlement between 

the State of Arizona and the Navajo Nation, 

S. 1171/S. 3213 also authorizes the diversion of 

up to 6,411 acre-feet of water by the Project 

from the San Juan River in New Mexico in 

the Upper Colorado River Basin for delivery 

to the Navajo reservation in Arizona in the 

Lower Colorado River Basin. S. 1171/S. 3213 

directs that Project diversions for use within 

New Mexico will be accounted as part of the 

State of New Mexico’s Upper Basin allocation of Colorado River water. Pursuant to 

the attached, recommended modifications, S. 

1171/S. 3213 would also direct that Project diversions for use in Arizona be accounted as 

either part of the State of Arizona’s Upper 

Basin or Lower Basin allocation of Colorado 

River water, provided that any Lower Basin 

accounting of such water would occur only 

under specific conditions as set forth in the 

recommended modifications. 

The undersigned Governors’ Representatives consider S. 1171/ S. 3213, as modified by 

the attached, recommended modifications, 

which are non-precedential in nature, to address unique, critical water supply needs in 

the context of Indian water rights settlements that involve the diversion of water 

from the Upper Colorado River Basin for use 

in the Lower Colorado River Basin, and support such diversions as reflected in our recommended modifications to the legislation. 

Herbert R. Guenther, Director, Arizona 

Department of Water Resources; Patricia Mulroy, General Manager, Southern Nevada Water Authority; Dana B. 

Fisher, Jr., Chairman, Colorado River 

Board of California; George Caan, P.E., 

Executive Director, Colorado River 

Commission of Nevada; Gerald R. Zimmerman, Executive Director, Colorado 

River Board of California; Jennifer 

Gimbel, Director, Colorado Water Conservation Board; John R. D’Antonio, 

Jr., New Mexico State Engineer, Governor’s Representative; Dennis J. 

Strong, Director, Utah Division of 

Water Resources, Utah Interstate 

Stream Commissioner; Patrick T. 

Tyrrell, Wyoming State Engineer, Governor’s Representative. 

THE COLORADO RIVER BASIN STATES’ PROPOSED MODIFICATIONS TO S. 1171, THE

NORTHWESTERN NEW MEXICO RURAL WATER

PROJECTS ACT

1. Proposed new definition of Colorado 

River Compact in Section 2—( )COLORADO 

RIVER COMPACT.—The term ‘‘Colorado River 

Compact’’ means the Colorado River Compact of 

1922 as approved by Congress in the Act of December 21, 1928 (45 Stat. 1057) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 

3000). 

2. Proposed new definition of Colorado 

River System in Section 2—( )COLORADO 

RIVER SYSTEM—The term ‘‘Colorado River 

System’’ has the same meaning given the term in 

Article II(a) of the Colorado River Compact. 

3. Proposed new definition of Lower Basin 

in Section 2—( ) THE LOWER BASIN—The 

term ‘‘Lower Basin’’ has the same meaning 

given the term in Article I1(g) of the Colorado 

River Compact. 

4. Proposed new definition of Upper Basin 

in Section 2—( ) THE UPPER BASIN—The 

term ‘‘Upper Basin’’ has the same meaning 

given the term in Article 11(f) of the Colorado 

River Compact. 

5. See below for proposed modifications to 

Section 303. * * * 

303(c) Conditions for Use in Arizona.— 

(1) REQUIREMENTs.—Project water shall not 

be delivered for use by any community of the 

Nation located in the State of Arizona under 

subsection (b)(2)(D) until— 

(A) the Nation and the State of Arizona 

have entered into a water rights settlement 

agreement approved by an Act of Congress 

that settles and waives the Nation’s claims 

to water in the Lower Basin and the Little 

Colorado River Basin in the State of Arizona, including those of the United States on 

its behalf; and 

(B) the Secretary and the Navajo Nation have 

entered into a Navajo Reservoir water supply 

delivery contract for the physical delivery and 

diversion of water via the Project from the San 

Juan River system to supply uses in the State of 

Arizona. 

(2) ACCOUNTING OF USES IN ARIZONA.—Pursuant to paragraph (1) and notwithstanding 

any other provision of law, water may be diverted by the Project from the San Juan River in 

the State of New Mexico in accordance with an 

appropriate permit issued under New Mexico 

law for use in the State of Arizona within the 

Navajo Reservation in the Lower Basin; provided that any depletion of water that results 

from the diversion of water by the Project from 

the San Juan River in the State of New Mexico 

for uses within the State of Arizona (including 

depletion incidental to the diversion, impounding, or conveyance of water in the State of New 

Mexico for uses in the State of Arizona) shall be 

administered and accounted for as either— 

(A) a part of, and charged against, the available consumptive use apportionment made to the 

State of Arizona by Article III(a) of the Compact 

and to the Upper Basin by Article 111(a) of the 

Colorado River Compact, in which case any 

water so diverted by the Project into the Lower 

Basin for use within the State of Arizona shall 

not be credited as water reaching Lee Ferry pursuant to Article III(c) and III(d) of the Colorado 

River Compact; 

or 

(B) a part of, and charged against, the consumptive use apportionment made to the Lower 

Basin by Article III(a) of the Colorado River 

Compact, in which case it shall— 

(i) be a part of the Colorado River water that 

is apportioned to the State of Arizona in Article 

II(B) of the Consolidated Decree of the Supreme 

Court of the United States in Arizona v. California (547 U.S. 150 as may be amended or supplemented); 

(ii) be credited as water reaching Lee Ferry 

pursuant to Article III(c) and III(d) of the Colorado River Compact; and 

(iii) be accounted as the water identified in 

Section 104(a)(1)(B)(ii) of the Arizona Water 

Settlements Act, (118 Stat. 3478); 

(C) However, no water diverted by the Project 

shall be accounted for pursuant to subparagraph (B) until such time that: 

(i) the Secretary has developed and, as necessary and appropriate, modified, in consultation with the Upper Colorado River Commission 

and the Governors’ Representatives on Colorado 

River Operations from each State signatory to 

the Colorado River Compact, all operational and 

decisional criteria, policies, contracts, guidelines 

or other documents that control the operations 

of the Colorado River System reservoirs and diversion works, so as to adjust, account for, and 

offset the diversion of water apportioned to the 

State of Arizona, pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a 

point of diversion on the San Juan River in New 

Mexico; provided that all such modifications 

shall be consistent with the provisions of this 

Section, and the modifications made pursuant to 

this clause shall be applicable only for the duration of any such diversions pursuant to Section 

303(c)(2)(B); and 

(ii) Article II(B) of the Decree of the Supreme 

Court of the United States in Arizona v. California (547 U.S. 150 as may be amended or supplemented) is administered so that diversions 

from the main stream for the Central Arizona 

Project, as served under existing contracts with 

the United States by diversion works heretofore 

constructed, shall be limited and reduced to offset any diversions made pursuant to Section 

303(c)(2)(B) of this Act. This clause shall not affect, in any manner, the amount of water apportioned to Arizona pursuant to the Boulder 

Canyon Project Act (43 U.S.C. 617 et seq.), or 

amend any provisions of said decree or the Colorado River Basin Project Act (43 U.S.C. 1501 et. 

seq.). 

(3) UPPER BASIN PROTECTIONS. 

(A)—Consultations.—Henceforth, in any consultation pursuant to 16 U.S.C. 1536(a) with respect to water development in the San Juan 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S421 

River Basin, the Secretary shall, consistent with 

the provisions of Section 5 of the ‘‘Principles for 

Conducting Endangered Species Act Section 7 

Consultations on Water Development and Water 

Management Activities Affecting Endangered 

Fish Species in the San Juan River Basin’’ as 

adopted by the Coordination Committee, San 

Juan River Basin Recovery Implementation Program, on June 19, 2001, and as may be amended 

or modified, confer with the States of Colorado 

and New Mexico. 

(B)—Preservation of Existing Rights.—Rights 

to the consumptive use of water available to the 

Upper Basin from the Colorado River System 

under the Colorado River Compact and the 

Compact shall not be reduced or prejudiced by 

any use of water pursuant to Subsection 303(c). 

Nothing in this Act shall be construed so as to 

impair, conflict with, or otherwise change the 

duties and powers of the Upper Colorado River 

Commission. 

303(h) NO PRECEDENT.—Nothing in this Act 

shall be construed as authorizing or establishing 

a precedent for any type of transfer of Colorado 

River System water between the Upper Basin 

and Lower Basin. Nor shall anything in this Act 

be construed as expanding the Secretary’s authority in the Upper Basin. 

303(i) UNIQUE SITUATION.—Diversions by the 

Project consistent with this Section address critical tribal and non-Indian water supply needs 

under unique circumstances, which include, 

among other things: 

(A) the intent to benefit an American Indian 

tribe; 

(B) the Navajo Nation’s location in both the 

Upper and Lower Basin; 

(C) the intent to address critical Indian water 

needs in the State of Arizona and Indian and 

non-Indian water needs in the State of New 

Mexico, 

(D) the location of the Navajo Nation’s capital 

city of Window Rock in the State of Arizona in 

close proximity to the border of he State of New 

Mexico and the pipeline route for the Project; 

(E) the lack of other reasonable options available for developing a firm, sustainable supply of 

municipal water for the Navajo Nation at Window Rock in the State of Arizona; and 

(F) the limited volume of water to be diverted 

by the Project to supply municipal uses in the 

Window Rock area in the State of Arizona. 

303(j) CONSENSUS.—Congress notes the consensus of the Governors’ Representatives on Colorado River Operations of the States that are 

signatory to the Colorado River Compact regarding the diversions authorized for the Project 

under this Section. 

303(k) EFFICIENT USE.—The diversions and 

uses authorized for the Project under this Section represent unique and efficient uses of Colorado River apportionments in a manner that 

Congress has determined would be consistent 

with the obligations of the United States to the 

Navajo Nation. 

ALVA B. ADAMS TUNNEL AND GRAND RIVER

DITCH

Mr. SALAZAR. Madam President, I 

commend the chairman and ranking 

member of the Energy and Natural Resources Committee for their diligent 

work on this package, which contains 

several bills that I have championed 

for Colorado. I particularly wish to 

thank my colleague and friend, Chairman BINGAMAN, and his staff, for his 

work and cooperation on the Rocky 

Mountain National Park Wilderness 

and Indian Peaks Wilderness Expansion 

Act, which is included in subtitle N of 

title I of S. 22, and which is critical to 

preserving some of the Nation’s most 

beautiful and critical wilderness lands. 

This has been a long road to reach 

agreement with all constituencies involved and we have faced some unique 

challenges. But ultimately, and with 

the chairman’s assistance, we have 

worked through a number of issues to 

our mutual satisfaction in order to 

pass a bill that is good for all Coloradans. 

One of those challenges has been our 

effort to protect the operation and 

maintenance of the Alva B. Adams 

Tunnel which is the critical component 

of the Colorado-Big Thompson Reclamation Project. The Adams tunnel 

was authorized in 1915 by Congress and 

later constructed within the park and 

has delivered water from the Colorado 

River drainage to Colorado’s north 

eastern communities for decades. 

I appreciate the Chairman working 

with us on protecting this facility that 

provides water to hundreds of thousands of people in Colorado. With his 

help, we included within section 1953(d) 

a provision that ensures that nothing 

in the subtitle, including the designation of wilderness, ‘‘prohibits or affects 

current and future operation and maintenance activities . . . that were allowed as of the date of enactment . . . 

under the Act of January 26, 1915 (16 

U.S.C. 191), relating to the Alva B. 

Adams Tunnel or other Colorado-Big 

Thompson Project facilities located 

within the Park.’’ 

The bill also includes in section 

1953(g) an additional savings clause, 

which ensures that the Secretary of 

the Interior’s authority to manage 

lands and resources within the park is 

not diminished. It is my understanding 

that this type of general savings clause 

does not undermine or contradict the 

more specific provisions included in 

section 1953(d) of the subtitle. That is, 

the savings clause included as section 

1953(g) does not alter or affect the provisions in section 1953(d), which make 

clear that the designation of the park 

as wilderness is not meant to affect the 

current and future operation and maintenance activities for the tunnel nor to 

prohibit or restrict the conveyance of 

water through the Alva B. Adams Tunnel for any purpose. 

Am I correct in my understanding of 

section 1953(g)? 

Mr. BINGAMAN. The Senator from 

Colorado is correct. 

Mr. SALAZAR. I thank the Chairman. 

As with any wilderness legislation in 

a headwaters State, the water rights 

language in the Rocky Mountain National Park wilderness bill proved to be 

the most challenging. This legislation 

strikes a good balance between protection of park wilderness resources and 

protection of existing water rights, 

ditch rights-of-way, and water infrastructure, some of which predate the 

existence of the park. 

The Water Supply and Storage Company—WSSC—owns and operates the 

Grand River Ditch, which is a water 

supply ditch located in the Never Summer Range in RMNP. The Grand River 

Ditch provides irrigation water to approximately 40,000 acres of land located 

in Larimer and Weld Counties in northern Colorado. WSSC owns, operates and 

maintains 11 reservoirs and 7 ditch systems, including the Grand River Ditch. 

WSSC’s system of ditches, canals and 

laterals is more than 100 miles in total 

length and provides approximately 

60,000 acre-feet of water annually to 173 

shareholders. The Grand River Ditch is 

an integral component of WSSC’s system. WSSC holds a right-of-way for the 

Grand River Ditch under the Irrigation 

or General Right of Way Act of March 

3, 1891—1891 Act—codified at 43 U.S.C §§ 

946–49. 

The Rocky Mountain National Park 

Wilderness Act itself should not cause 

any change in land use, land management, or water rights within Rocky 

Mountain National Park. Towards this 

end, section 1953(e) is intended to clarify that neither the Grand River Ditch 

nor its right-of-way will be adversely 

affected if the end use of water diverted 

by the Grand River Ditch is for municipal purposes as opposed to irrigated 

agriculture. The Grand River Ditch diverts water high in the Colorado mountains and transports it some 50 miles 

downstream to its location of use. At 

present, all of the water is used for agricultural irrigation; however, a portion of WSSC’s stock is owned by Colorado municipalities and Grand River 

Ditch water will be used for this purpose in the future. No matter what the 

end use is, the existence of the Grand 

River Ditch in RMNP imposes the same 

burden on the park. In other words, 

there is no difference in land use, land 

management or water rights in the 

park, whether the end use of water is 

agricultural irrigation or municipal 

use. 

In 1921, the Supreme Court approved 

forfeiture of a right-of-way that had 

never been used for its authorized purpose of irrigation, but instead was used 

for developing electric power. See Kern 

River Co. v. United States, 257 U.S. 147, 

1921. The case is distinguishable on several grounds from the Grand River 

Ditch, but the purpose of Section 1953 

(e) is to avoid any attempt to apply a 

Kern River-type theory to the Grand 

River Ditch. Over 20 years ago the U.S. 

Department of Agriculture recognized 

this point when it said: ‘‘The end use of 

water off the Federal lands, as it may 

change over time, casts no greater burden on the Federal property to carry 

the water to its place of use.’’ See letter dated October 1, 1986, from Douglas 

W. MacCleery, Deputy Assistant Secretary for Natural Resources and Environment, Department of Agriculture, 

to Malcomb Wallop of the United 

States Senate, included in the legislative history of Public Law 99–545. 

Conversion of agricultural water to 

municipal purposes is commonplace in 

Colorado, and the Grand River Ditch is 

no exception. In a mutual ditch company such as WSSC, ownership of stock 

represents a pro rata share of ownership in the water rights of the company. The language of section 1953(e) 


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ensures that WSSC and the right-ofway of the Grand River Ditch will not 

be adversely affected by the change in 

end use of GRD water. 

The language of section 1953(e), ‘‘primarily for domestic purposes or any 

purpose of a public nature,’’ was not 

lightly chosen. It was taken directly 

from the act of May 11, 1898, which—in 

the words of the great Justice Van 

Devanter, who is considered the most 

knowledgeable authority on public 

land law to ever sit on the Supreme 

Court—‘‘permit[ted] rights of way obtained under the Act of 1891 [like the 

Grand River Ditch], the use of which 

was restricted to irrigation, to be also 

used for the other purposes named in 

the section,’’ namely ‘‘purposes of a 

public nature’’ and ‘‘domestic purposes.’’ See Kern River Co. v. U.S., 257 

U.S. 147, 152–153, 1921. After more than 

a century, the terms ‘‘purposes of a 

public nature’’ and ‘‘domestic purposes’’ seem to be fairly well understood. The phrases ‘‘purposes of a public nature’’ and ‘‘domestic purposes’’ 

are especially broad, and include municipal uses following delivery, by a potable water provider, through the 

Grand River Ditch or by means of another conveyance structure. We have 

agreed to exempt the Grand River 

Ditch from any restriction that conditions the existence of the right-of-way 

on agricultural uses and instead to 

allow them to make ‘‘purposes of a 

public nature’’ or ‘‘domestic purposes’’ 

the sole or predominate purpose. 

The Grand River Ditch ‘‘right of way 

. . . was granted on an implied condition that it should revert to the United 

States in the event the grantee ceased 

to use or retain it for the purpose indicated in the [1891 and 1898] statutes. 

That purpose—the main and controlling one—was irrigation.’’ See Kern 

River Co. v. U.S., 257 U.S. 147, 154 (1921). 

In the future, the water transported in 

the ditch will be increasingly used for 

water supply and municipal purposes, 

not irrigation. This transition may 

eventually ‘‘entitle[] the United States 

to assert and enforce a forfeiture of the 

grant. . . .’’ 257 U.S. at 154. To address 

this concern, we have agreed to state 

in the bill that ‘‘the right of way . . . 

shall not be terminated, forfeited, or 

otherwise affected as a result’’ of the 

change in purpose, ‘‘unless the Secretary determines that the change in 

main purpose or use adversely affects 

the park.’’ If the Secretary, in his discretion, makes that determination, he 

would then have to assert and enforce 

a forfeiture of the grant in court. 

Mr. BINGAMAN. Madam President, I 

concur in the statements made by the 

Senator from Colorado and thank him 

for working carefully with me and my 

staff to resolve these issues in a way 

that will ensure protection of park resources and provide for the continued 

operation of the Grand River Ditch and 

the Colorado-Big Thompson Projects. 

Mr. FEINGOLD. Madam President, 

today I will vote to support final passage of the Omnibus Public Land Management Act of 2009, S. 22. While I oppose two provisions in the bill, there 

are many other provisions that I support. 

Yesterday I voted to oppose bringing 

an end to debate on the bill since the 

majority leader used a procedural tactic to prevent Senators from offering 

amendments. I had hoped that cloture 

would be defeated so that we could 

reach agreement to allow a few amendments. 

One such amendment was one I cosponsored to strike a troublesome provision that would authorize the transfer of Federal land in Alaska’s Izembek 

National Wildlife Refuge—a designated 

wilderness area and internationally 

recognized Ramsar site—so that a road 

could be built. The road is purportedly 

to allow travel between two Alaskan 

communities in cases of medical emergencies. However, Congress has already 

appropriated more than $36 million to 

provide a hovercraft, which I am told 

crosses Cold Bay in about 20 minutes 

and to date has met every medical 

evacuation need in all weather conditions, over 30. The road, on the other 

hand, would need to avoid the numerous ponds and priority wetland areas— 

taking 1 to 2 hours to drive—and would 

not provide safer, faster, or more costeffective transportation than the 

hovercraft. 

Another provision that troubles me 

was considered by neither the House 

nor the Senate Energy and Natural Resources Committee, a prerequisite for 

all the other public lands bills in the 

package. The Washington County, UT, 

provision was air-dropped into this legislation. It is unfortunate that the wilderness designations in the provision 

fall well short of the wilderness-quality 

land in the county that should be protected. This public lands bill only proposes to designate 44 percent of what is 

included in the America’s Red Rock 

Wilderness Act, which I have been 

pleased to join Senator DURBIN in supporting. Furthermore, this public lands 

package omits a wilderness unit, Dry 

Creek, that Senator BENNETT has previously agreed to protect in his Washington County Growth and Conservation Act of 2008, S. 2834. 

There are two provisions in the public lands bill that will impact Wisconsin. The first is Section 5301, the 

‘‘National Trails System Willing Seller 

Authority.’’ This section is based on a 

bill I cosponsored in the 110th Congress, S. 169, and will allow the Federal 

Government to purchase lands from 

willing sellers for two important trails 

in Wisconsin: the North Country National Scenic Trail and the Ice Age National Scenic Trail. I would like to acknowledge the efforts by the Ice Age 

Park and Trail Foundation, North 

Country Trail Association, Partnership 

for the National Trail System, and the 

Conservation Fund to help the National Park Service complete these 

trails. This provision will establish 

willing seller authority as a uniform 

policy for the entire National Trail 

System, allowing these two trails and 

seven others to benefit from this commonsense policy. 

Section 7116 of the bill also makes a 

technical correction to the name of the 

wilderness area in the Apostle Islands, 

now to be called the Gaylord Nelson 

Wilderness. Removing the ‘‘A’’ from 

the former name—Gaylord A. Nelson 

Wilderness—is supported by the National Park Service and Nelson’s family. Though this ia a small change, I do 

want to take the opportunity to again 

express my deep respect for the former 

U.S. Senator and Wisconsin Governor 

and my support for the Apostle Islands 

National Lakeshore and the Gaylord 

Nelson Wilderness. In August 2005, I 

was deeply honored to participate in a 

ceremony marking the creation of the 

Gaylord Nelson Wilderness and honoring the remarkable life of Gaylord 

Nelson, father of Earth Day. I worked 

with Representative OBEY to obtain the 

wilderness designation for 80 percent of 

the Apostle Islands, but it was Gaylord 

who was so essential in the effort to 

recognize the Apostle Islands as a national treasure and establish the national lakeshore. 

Mr. LEVIN. Madam President, passage of the Omnibus Public Land Management Act of 2009 would wrap up one 

of the major pieces of unfinished business from last year. The majority leader promised he would take up this legislation early in 2009, and indeed he 

has. The omnibus public land bill includes four provisions that will directly benefit Michigan by preserving 

precious natural resources and improving our parks and trails. 

The lands bill includes legislation I 

authored that would authorize the Federal Government to purchase land from 

willing sellers for the North Country 

National Scenic Trail. The North Country Trail will be the Nation’s longest 

hiking trail, traversing seven States 

including Michigan, which has the 

longest trail segment of 1,150 miles. 

The Federal Government has land acquisition authority for the majority of 

its national scenic and historic trails, 

but for no good reason this authority 

has not been available for the North 

Country Trail. Willing sellers should 

have the right to sell portions of their 

land, or grant easements for trail users 

across their land, should they choose 

to do so, and if it is in the public interest. This provision will allow for the 

eventual completion of the North 

Country Trail, giving more users the 

opportunity to enjoy scenic hiking in 

Michigan as well as the six other 

States along the planned route. For 

nearly 10 years, I have been working on 

this willing seller authority, and I am 

delighted that Congress has finally approved this important legislation. 

The omnibus lands bill also includes 

legislation I sponsored last Congress to 

improve the Keweenaw National Historical Park, located in Michigan’s 

Upper Peninsula. By removing overly 

restrictive property acquisition requirements, changing unfair matching 


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requirements for Federal funds, and increasing the authorized level of funds 

to be appropriated for the park, we can 

improve the visitors’ experience. Established in 1992, this unique park is a 

partnership with nearly 20 independently operated heritage sites, and preserves and interprets the incredible 

story of the copper rush in Michigan’s 

Keweenaw Peninsula during the Industrial Revolution. I am pleased that this 

legislation is finally being acted upon 

so the park can more fully carry out 

its statutory mission to preserve and 

bring to life the vibrant history of 

Michigan’s ‘‘copper country’’—an essential part of the Nation’s history of 

industrial and technological development, immigration, labor relations, 

and natural resources, and a key component to the economic revitalization 

of this area. 

The omnibus lands bill also provides 

important protections for 12,000 acres 

within the Pictured Rocks National 

Lakeshore, located in Michigan’s Upper 

Peninsula along the south shore of majestic Lake Superior. I introduced this 

wilderness bill during the last Congress, and I am pleased that one of the 

first actions the Senate has taken this 

year is to pass this bill, which would 

protect the Beaver Basin for future 

generations, while ensuring continued 

public enjoyment of the land. The Beaver Basin wilderness comprises about 

12,000 acres, or 16 percent, of Pictured 

Rocks National Lakeshore, and was 

proposed after 5 years of careful planning and extensive public consultation. 

The wilderness designation is responsive to many of the concerns expressed 

by citizens and ensures its continued 

recreational use. The access road to 

the lakes and campground are not included in the wilderness designation, so 

vehicles would still have access to this 

popular recreation area. Also, all 

motor boats would still be able to access the miles of the Lake Superior 

shoreline, as the wilderness area does 

not include the Lake Superior surface 

water. In addition, boats using electric 

motors would still be allowed on Little 

Beaver and Beaver Lakes within the 

wilderness area. The Beaver Basin area 

has been managed as a backcountry 

and wilderness area since 1981, and this 

wilderness designation will ensure that 

the valuable habitat and pristine natural features of the region remain the 

treasure they are today. 

Finally, the omnibus lands bill includes legislation that I sponsored in 

the Senate last year as a companion 

bill to Representative DINGELL’s legislation in the House of Representatives, 

which would designate land in Monroe 

and Wayne County, MI, related to the 

battles of the River Raisin fought during the War of 1812 as a unit of the National Park System. While there are 

currently eight War of 1812 battlefield 

sites that are in the National Park 

System, none of these sites are located 

in areas that were once considered the 

‘‘Northwest,’’ a key strategic front in 

the War of 1812. The River Raisin battlefield sites were the place of horrific 

events; yet these events became a turning point that spurred our troops to future victories, protected our lands, and 

culminated in a celebration of America’s ‘‘Second War of Independence.’’ 

With the approaching 200th anniversary of the War of 1812, I am pleased 

that the Senate has this legislation before it, and I look forward to the bill 

becoming law in time for this national 

celebration. 

Mr. INOUYE. Madam President, S. 

22, the Omnibus Public Land Management Act, includes five bills vital for 

increasing our Nation’s understanding 

of our oceans, Great Lakes, and coastal 

areas. The ocean bills included in this 

package are all strong bipartisan 

pieces of legislation that were favorably reported by the Senate Commerce 

Committee in the 110th Congress and 

passed the House of Representatives. 

The oceans cover two-thirds of our 

planet, yet we know little about what 

lies beneath them or how the changing 

climate is affecting marine resources. 

Millions of Americans depend directly 

and indirectly on healthy and bountiful 

oceans. In 2007, our Nation’s coastal 

economies contributed nearly 50 percent, or $6.7 trillion, to the national 

gross domestic product. 

While our Nation relies on our ocean, 

Great Lakes, and coastal resources, 

tremendous gaps exist in our knowledge of these ecosystems. The Senate 

Commerce Committee provisions included in S. 22 will strengthen and improve our marine, coastal, and scientific programs, and will help us make 

the best possible decisions about how 

to manage, conserve, and protect these 

valuable resources. 

The Ocean Exploration and National 

Oceanic and Atmospheric Administration, NOAA, Undersea Research Program Act, included in this package, 

will give us a better understanding of 

our marine ecosystems and resources. 

This legislation reflects a long history 

of bipartisan collaboration in the Senate. It passed the Senate by unanimous 

consent in the both the 108th and 109th 

Congresses and was reported favorably 

in the 110th Congress by the Commerce 

Committee. The provision establishes 

an interdisciplinary ocean exploration 

program to gather observations and 

data from areas in the ocean we have 

previously been unable to explore. In 

addition, this legislation would help 

strengthen and coordinate NOAA’s National Undersea Research Program. 

The National Undersea Research Program seeks to increase scientific 

knowledge for the management, use, 

and preservation of ocean, Great 

Lakes, and coastal resources through 

undersea research, exploration, education, and technology development. 

These essential activities are imperative given that approximately 95 percent of the ocean floor remains unexplored. Ocean exploration and undersea 

research provides unprecedented opportunities to discover items of natural, 

cultural, and economic value including 

new sources of minerals, drugs, habitats, species, artifacts, and shipwrecks. 

The Ocean and Coastal Mapping Integration Act included in S. 22 would integrate Federal and coastal mapping 

activities throughout the U.S. Exclusive Economic Zone. Approximately 90 

percent of our Nation’s maritime territory remains unmapped by modern 

technology. Improved mapping of our 

Nation’s coastal and ocean waters will 

increase our understanding of the marine environment, thereby increasing 

the safety of navigation in our maritime domain, supporting national security missions of the U.S. Navy and 

Coast Guard, and allowing for better 

management of marine ecosystems and 

resources. This bill also has a longstanding history of broad bipartisan 

support in both the Senate and House. 

The Integrated Coastal and Ocean 

Observation System Act would build on 

current regional systems to establish a 

national integrated ocean, Great 

Lakes, and coastal observing system to 

collect, compile, and make available 

data to support marine commerce; 

weather, climate, and marine forecasting; energy siting and production; 

navigation; ecosystem-based resource 

management; and public safety. The 

legislation passed the Senate by unanimous consent in both the 108th and 

109th Congresses. During the 110th Congress, the legislation passed the House 

and was reported favorably by the Senate Commerce Committee. 

The Federal Ocean Acidification Research and Monitoring Act in S. 22 

mandates that steps be taken to understand and address climate change and 

its impacts on our oceans, a much 

needed and important action. Over the 

past 200 years, human activities have 

resulted in dramatic increases in 

greenhouse gases that are altering the 

Earth’s climate. The oceans mitigate 

the effects of global warming by absorbing approximately half of all this 

atmospheric carbon dioxide. However, 

as the oceans absorb more carbon dioxide, their chemistry is changing and 

the oceans are becoming more acidic. 

The Federal Ocean Acidification Research and Monitoring Act would establish an interagency committee to 

develop a strategic research plan on 

ocean acidification and establish an 

ocean acidification program within 

NOAA to conduct research and longterm monitoring on our acidifying 

oceans and to develop adaptation strategies and techniques for conserving 

marine ecosystems. This legislation 

represents a bipartisan effort to promote climate change research and adaptation activities. The bill was reported favorably by the Senate Commerce Committee and passed the House 

in the 110th Congress. 

The final oceans bill included in S. 22 

is the Coastal and Estuarine Land Conservation Program Act. As the U.S. 

population grows and more people 

move to the coasts, our coastal lands 

and ecosystems are threatened by 


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unsustainable development. This legislation authorizes NOAA to award competitive grants to coastal States, including the Great Lakes, to protect 

coastal and estuarine areas which have 

significant conservation, recreation, 

ecological, historic, or watershed protection value and are threatened by 

conversion to other uses. 

As chairman of the Commerce Committee during the 110th Congress, I was 

pleased to favorably report these important ocean policy bills. Unfortunately, we were unable to pass these 

bills last Congress. I am glad that the 

Senate is considering their passage as 

one of the first major pieces of legislation in the 111th Congress. Our oceans, 

Great Lakes, and coasts provide many 

environmental and economic benefits 

to our Nation, and their conservation 

must be one of our highest national 

priorities. 

Mr. ROCKEFELLER. Madam President, today the Senate will pass a comprehensive public lands bill that will 

protect our Nation’s public lands and 

conserve our planet’s oceans. I thank 

the majority leader and Senator BINGAMAN for including important bills from 

the Committee on Commerce, Science, 

and Transportation in this package. I 

commend Senators INOUYE, STEVENS, 

CANTWELL, SNOWE, LAUTENBERG, and 

GREGG for their leadership in drafting 

these bills. Senator INOUYE, in particular, has aggressively advocated for 

improved stewardship of our oceans 

and this package reflects his careful 

work as chairman of the Commerce 

Committee which has jurisdiction over 

our Nation’s oceans. As the incoming 

chair of the Commerce Committee, I 

will continue to work closely with my 

dear friend and mentor Senator INOUYE

on these issues. And I look forward to 

collaborating closely with him on 

oceans policy and other areas in the 

committee’s jurisdiction that are particularly critical to the Hawaiian Islands. Our colleagues should know that 

the ocean and coastal bills included in 

the Consolidated Natural Resources 

Act enjoy broad bipartisan and national support because they are sorely 

needed and important to our Nation’s 

environmental and economic future. 

The Federal Government owns nearly 

653 million acres of land in the United 

States. As the owner of these lands, the 

Federal Government has a responsibility to protect this land for current 

and future generations. Likewise, and 

as importantly, the Federal Government has an equal responsibility to 

protect and manage our Nation’s marine and coastal resources. The oceans 

cover over two-thirds of our planet, yet 

we know little about what lies beneath 

or how the changing climate is affecting marine resources. The United 

States’ Exclusive Economic Zone, covers 3.4 million square miles of the 

Earth’s surface, an area greater than 

the whole United States. Unfortunately, our efforts to sustainably manage and conserve these submerged 

lands and living resources are hampered by our limited scientific research 

and understanding of our Exclusive 

Economic Zone. That is irresponsible 

and must change. The five ocean bills 

included in this legislation will authorize programs necessary to increase our 

Nation’s understanding about ocean 

and coastal areas, which in turn will 

enable us to make the best possible decisions about how to manage, preserve, 

and protect our oceans and their living 

marine resources for current and future generations 

The Ocean and Coastal Exploration 

and National Oceanic and Atmospheric 

Administration Act is critical to our 

ability to gather observations and data 

from areas in the ocean that have 

never been explored. The legislation 

would establish a national ocean exploration program within the National 

Oceanic and Atmospheric Administration, which would conduct interdisciplinary ocean exploration voyages 

to explore and survey little known 

areas of the marine environment and 

inventory, observe, and assess living 

and nonliving marine resources. In addition, this legislation would establish 

a coordinated national undersea research program, which would increase 

scientific knowledge for the management, use, and preservation of oceanic, 

coastal, and Great Lakes resources 

through undersea research, exploration, education, and technology development. 

These activities are vital given that 

approximately 95 percent of the ocean 

floor remains unexplored. Increasing 

our knowledge of our oceans through 

exploration and undersea research provides unprecedented opportunities to 

discover new sources of minerals, 

drugs, habitats, species, artifacts, and 

shipwrecks. Expeditions could provide 

images of ancient human artifacts, 

rare or previously undiscovered species, and exciting new ecosystems. 

The Ocean and Coastal Mapping Act 

would direct the Federal Government 

to integrate Federal and coastal mapping activities throughout the U.S. Exclusive Economic Zone. Approximately 

90 percent of our Nation’s maritime 

territory remains unmapped by modern 

technology. Improving our mapping activities, the promotion of the development and dissemination of new technologies, and the coordination of efforts across the 10 federal agencies currently involved in marine mapping are 

essential. Better mapping of these waters will help to minimize maritime accidents, support the national security 

missions of the U.S. Navy and U.S. 

Coast Guard, and improve our knowledge of ocean and coastal ecosystems. 

The Integrated Coastal and Ocean 

Observation System Act would establish a national integrated ocean, coastal, and Great Lakes observing system 

that would collect, compile, and make 

available data to support marine commerce; navigation safety; weather, climate and marine forecasting; energy 

siting and production; ecosystem-based 

resource management; and public safety. This legislation represents an acknowledgement of our need as a country to improve our ability to measure, 

track, explain, and predict events related to weather and climate change. It 

represents a consensus that our understanding of natural climate variability 

and interactions between ocean and atmospheric environments needs 

strengthening and improvement. Information generated by the Integrated 

Coastal and Ocean Observation System 

would assist in providing advanced 

warning of hazardous coastal and ocean 

conditions to State managers and potentially affected communities and 

could help coastal communities prepare for and minimize losses for a 

range of potentially harmful ocean 

conditions. Additionally, this Integrated Coastal and Ocean Observation 

System has the potential to provide 

economic and ecological benefits for 

other coastal and ocean activities. For 

example, fisheries scientists and managers could use the data to predict biological productivity which would facilitate ecosystem-based management. 

Fishermen and mariners could better 

predict sea conditions for safe navigation and transport. Ocean scientists 

and regulators could better understand, predict, and rapidly respond to 

the distribution and impacts of marine 

pollution, harmful algal blooms, or 

other hazardous conditions. Educators 

and students could learn more about 

basic functions and processes of the 

marine environment. 

Increasing carbon dioxide absorption 

in our oceans is acidifying waters and 

could be threatening the foundation of 

the ocean’s food web. The Federal 

Ocean Acidification Research and Monitoring Act highlights the need for action to be taken to understand and 

confront climate change and its impacts on our oceans by authorizing a 

coordinated Federal research program 

on ocean acidification. Over the past 

200 years, human activities have resulted in dramatic increases in greenhouse gases that are altering the 

Earth’s climate. The oceans mitigate 

the effects of global warming by absorbing atmospheric carbon dioxide, 

which is changing ocean carbon chemistry and causing the oceans to become 

more acidic. There is significant concern among the scientific community, 

resource managers, and policymakers 

that ocean acidification could adversely impact our Nation’s marine 

ecosystems, the food webs of many fish 

and marine mammals, and the economies of many coastal States that rely 

upon the seafood industry and coastal 

and ocean tourism. The Federal Ocean 

Acidification Research and Monitoring 

Act would establish an interagency 

committee, chaired by the National 

Oceanic and Atmospheric Administration, to develop and provide Congress 

with a strategic research plan on ocean 

acidification. Additionally, it vests the 

authority within the National Oceanic 

and Atmospheric Administration to establish an ocean acidification program 


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within the agency to conduct research 

and long-term monitoring, education 

and outreach, and development of adaptation strategies and techniques for 

conserving marine ecosystems. 

The Coastal and Estuarine Land Conservation Program Act would authorize 

the Secretary of Commerce, through 

the National Oceanic and Atmospheric 

Administration, to make grants to 

coastal States for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are 

threatened by conversion from their 

natural, undeveloped, or recreational 

state to other uses, and it provides 

grants for lands to be managed or restored to effectively conserve, improve, 

or restore ecological function. Estuaries, wetlands, and the watersheds 

that flow into them support fisheries 

and wildlife and substantially contribute to coastal economies. The pressures of urbanization and pollution in 

coastal areas threaten to impair watersheds, undermine natural protections 

from coastal storms, impact wildlife 

habitat, and cause irreparable damage 

to coastal ecology. As our population 

grows, more and more people are moving to our coasts to enjoy their beauty 

and recreational opportunities. Coastal 

land protection partnership programs 

can help our Nation meet a number of 

diverse priorities such as promoting 

recreation, increasing wildlife, improving or conserving ecological quality 

and diversity, and preserving historical 

or cultural resources. The legislation 

would foster partnership programs 

among the Federal Government, State 

agencies, local governments, private 

landowners, and nonprofits to effectively conserve and manage coastal 

lands. 

Over 50 percent of our population 

lives along our coasts and our coastal 

economies generate one-half of our Nation’s gross domestic product. The 

planet’s oceans produce an untold 

amount of wealth, both economic and 

ecological, for our Nation. What is 

good for the health of our coastal communities and oceans is good for the Nation. Given the reliance our citizens 

have on our marine and coastal resources and the large gaps exist in our 

knowledge regarding U.S. ocean and 

coastal areas, strengthening and improving our marine, coastal, and scientific programs will enable us to 

make the best possible decisions about 

how to manage, preserve and protect 

our oceans. 

Mr. BINGAMAN. Madam President, 

earlier today the Senate passed S. 22, 

the Omnibus Public Lands Management Act of 2009. As I said during the 

debate, S. 22 includes over 160 bills 

from the Committee on Energy and 

Natural Resources and reflects many 

years of hard work. 

This achievement would not have 

been possible without the hard work of 

our outstanding staff. Both our ranking member, Senator MURKOWSKI, and I 

are very fortunate to have a very dedicated and experienced professional 

staff. They service the committee and 

the Senate well. They deserve our 

thanks. 

On the Democratic staff of the committee, I would like to thank the committee’s staff director, Bob Simon, and 

chief counsel, Sam Fowler, for all of 

their work on this legislation, as on all 

the legislation that comes through our 

committee. I would also like to thank 

senior counsel Patty Beneke; counsel 

Mike Connor, who worked on all of the 

water issues included in the bill; counsels David Brooks, Kira Finkler, and 

Scott Miller, who coordinated all of the 

park and public lands bills; professional staff members Jorge SilvaBanuelos, who worked very hard on 

many of the New Mexico land bills; and 

Jonathan Epstein; and two National 

Park Service fellows, Karl Cordova, 

who worked on the committee last 

year, and Mike Gauthier, who is on the 

staff for the current year. 

I would also like to thank the committee’s chief clerk, Mia Bennett; executive assistant Amanda Kelly; communications director Bill Wicker; press 

secretary David Marks; and staff assistants Rachel Pasternack, Gina 

Weinstock, and Rosemarie Calabro. 

On the Republican side, let me acknowledge Senator MURKOWSKI’s new 

staff director, McKie Campbell, and 

chief counsel Karen Billups. I would 

also like to note my thanks to former 

Senator Domenici’s staff director during the previous Congress, Frank 

Macchiarola; and former minority 

chief counsel, Judy Pensabene. I would 

also like to recognize counsel Kellie 

Donnelly; as well as professional staff 

members Frank Gladics, Josh Johnson, 

and Tom Lillie, all of whom made significant contributions to this bill. 

In addition, I am very grateful to the 

committee’s nondesignated staff: 

Anna-Kristina Fox, Dawson Foard, 

Nancy Hall, Amber Passmore, Monica 

Chestnut, and Wanda Green. 

S. 22 contains over 1,200 pages of text, 

and was the subject of numerous revisions. I am grateful to the help of the 

Senate legislative counsel office, and 

Gary Endicott, Heather Burnham, and 

Colin Campbell in particular. 

I would also like to thank Cliff 

Isenberg from the Senate Budget Committee for his help as well as Deb Reis 

from the Congressional Budget Office, 

and Tyler Kruzich, formerly with CBO. 

Finally, let me acknowledge the 

great help in bringing the bill to the 

floor we received from the majority 

leader and his staff: Neil Kornze, Chris 

Miller, Randy DeValk, Gary Myrick, 

and, as always, the secretary for the 

majority, Lula Davis, as well as Tim 

Mitchell, the assistant secretary for 

the majority. I would also like to 

thank the cloakroom staff, Joe Lapia, 

Meredith Mellody, Brandon Durflinger, 

and Estaban Galvan, for all of their assistance. 

All of these fine staff members had a 

hand in putting S. 22 together and 

moving it through the legislative process. We would not have been able to 

pass the bill without their hard work 

and their professionalism. I wish to 

thank each and every one of them for 

their good work. 

Mr. AKAKA. Madam President, today 

I rise to express my support for S. 22, 

the Omnibus Public Land Management 

Act of 2009. I commend Chairman 

BINGAMAN and former Ranking Member 

Domenici of the Senate Committee on 

Energy and Natural Resources for their 

leadership and their staff for their 

dedication during the previous Congress to move this important legislation forward. While we were unable to 

vote on this package last year, it is 

time that we pass these bills. During 

these times of economic downturn, our 

national parks and public lands are 

some of the few affordable recreational 

opportunities available to the American people. 

This legislation is a bipartisan package of more than 160 individual bills, 

and incorporates a wide range of public 

land measures that impact various regions of our Nation. All of the bills included in the package have been thoroughly reviewed and favorably reported 

by the Senate Committee on Energy 

and Natural Resources during the 110th 

Congress. By utilizing, to the full extent, the committee vetting process 

that includes acquiring testimonies 

from Federal agencies, stakeholders, 

and members of the public, concerns 

were addressed and bills were amended, 

as needed. In addition to the Senate 

committee’s approval, many of these 

measures were passed by the House of 

Representatives last Congress. 

As chairman of the National Parks 

Subcommittee, I had the opportunity 

to hold hearings on a number of the 

bills included in this package. This legislation includes many important provisions for protecting and preserving 

America’s national parks and enhancing the experiences to be gained by 

park visitors. Today, I wish to highlight four provisions that I sponsored 

during the 110th Congress: H.R. 3332, 

the Kalaupapa Memorial Act; S. 1728, 

Na Hoa Pili O Kaloko-Honokohau Advisory Commission Reauthorization Act; 

S. 2220, Outdoor Recreation Act of 1963 

Amendments Act; and S. 320, the Paleontological Resource Preservation Act. 

In addition, I appreciate the inclusion 

of S. 1680, the Izembek and Alaska Peninsula Refuge Enhancement Act of 

2008. This provision addresses the needs 

of a rural and indigenous Alaska Native community. 

The first three of these provisions are 

particularly meaningful as they acknowledge the historical contributions 

and preserve Hawaii’s unique heritage 

for future generations. The remembrance and revitalization of our culture, heritage, and natural resources 

are an essential way to build upon the 

values and traditions of our past and 

move forward into the future. I am 

proud that the people of Hawaii, 

through partnerships at the State and 


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Federal levels, have embraced this opportunity. These efforts perpetuate a 

legacy to be embraced by not only the 

people of Hawaii, but a legacy to be 

shared with people across this Nation. 

I am confident that these measures 

which I sponsored will enable continued good work and progress in promoting and protecting the natural and 

cultural resources of my home State. 

The Kalaupapa Memorial Act would 

authorize a memorial to be established 

at Kalaupapa National Historical Park 

in Hawaii. This long overdue memorial 

will honor and perpetuate the memory 

of those Hansen’s disease patients who 

were forcibly relocated to the 

Kalaupapa community, which is located on a remote peninsula on the Island of Molokai. 

For over 100 years, from 1866 to 1969, 

Kalaupapa was a colony on the Hawaiian island of Molokai where patients 

with Hansen’s disease, also known as 

leprosy, were forced to live. These individuals were directed to live there by 

the Hawaiian and, later, the American 

Governments in the belief that leprosy 

was rampantly contagious and that 

isolation was the only effective means 

of controlling the disease. In 1865, acting on the counsel of his American and 

European advisers, Lot Kamehameha, 

the Hawaiian King, signed into law 

‘‘An Act to Prevent the Spread of Leprosy,’’ which criminalized the disease. 

In the ensuing 103 years, men, women, 

and children of all ages—including 

those who were mistakenly believed to 

have leprosy—were captured and forcibly exiled to the brutal northern coast 

of Molokai, chosen due to its isolated 

and inaccessible location. 

Ultimately, more than 8,000 people 

were sent to Kalaupapa, of which only 

about 1,300 graves have been identified. 

Most of those patients who were sent 

to Kalaupapa before 1900 have no 

marked graves. Others were buried in 

places marked with a cross or a bare 

tombstone, but those markers have 

seen great deterioration over time. As 

a result, there are many family members and descendants of these residents 

who cannot find the graves of their 

loved ones and are unable to properly 

honor and pay tribute to them. 

This measure would authorize a nonprofit organization consisting of 

Kalaupapa residents and their families 

and friends, and known as ‘‘Ka ‘Ohana 

O Kalaupapa,’’ to establish a memorial 

at a suitable location in the park to 

honor the memory of the 8,000 residents who lived at the Kalaupapa and 

Kalawao communities. This monument 

will provide closure and a sense of belonging to these many family members, who have no knowledge of their 

ancestors’ whereabouts. Through this 

monument, the Hansen’s disease patients will forever be memorialized as 

having been a part of the history of 

Kalaupapa. 

The Na Hoa Pili O KalokoHonokohau Advisory Commission Act 

would reauthorize the Advisory Commission for Kaloko-Honokohau National Historical Park through 2018. 

Kaloko-Honokohau National Historical 

Park, located on the western coast of 

the Island of Hawaii, was established in 

1978 to provide for the preservation, interpretation, and perpetuation of traditional Native Hawaiian activities and 

culture; to demonstrate historic land 

use patterns; and to provide for the 

education, enjoyment, and appreciation of traditional Native Hawaiian activities and culture. This Advisory 

Commission advises the National Park 

Service on historical, archaeological, 

cultural, and interpretive programs for 

the park and serves as a living resource 

for the education, enjoyment, and understanding of traditional Hawaiian 

culture and activities. This legislation 

would extend the Advisory Commission 

through the end of 2018. 

The Outdoor Recreation Act of 1963 

Amendments Act seeks to authorize 

$500,000 in funds for fiscal years 2008 

through 2017 to the National Tropical 

Botanical Gardens. The measure will 

authorize appropriations to the corporation governing the Botanical Gardens for operation and maintenance expenses. These funds will contribute towards the private donations that the 

Botanical Gardens already raises to 

support its annual operating budget of 

over $10 million. 

The National Tropical Botanical Gardens is a private charitable corporation, chartered by legislation that was 

enacted in 1964 to foster horticultural 

research, education, and plant preservation. Its congressional charter mandates the Botanical Gardens to preserve, for the people of the United 

States, species of tropical plant life 

threatened with extinction. 

Conservation is one of the National 

Tropical Botanical Garden’s key roles. 

This role has become even more critical as tropical plant species continue 

to become extinct at a disturbing rate. 

As many as one-third of the remaining 

global plant species are considered at 

risk of extinction. Since 1976, the National Tropical Botanical Gardens has 

recognized and worked with urgency to 

preserve and cultivate native Hawaiian 

plants, and has made its program of 

preserving Hawaii’s endangered and 

threatened flora a matter of the highest priority. 

The unique flora of 1,300 species that 

has evolved over millions of years in 

Hawaii represents a significant resource to the people of the United 

States in terms of the biodiversity it 

represents. Further, many of these botanic species serve as the foundation of 

entire ecosystems, serving as food 

sources or habitats for other larger 

species that are either threatened or 

endangered. These are species that are 

not represented in any of the other 49 

States in our Nation. Each of these 

species contains unique genes that express themselves in a myriad of ways. 

Each time we lose a species to extinction we lose an irreplaceable reservoir 

of unique genes and eliminate their 

usage as a possible benefit to humanity. 

The Paleontological Resources Preservation Act incorporates many of the 

recommendations on the subject issued 

by the Department of the Interior in 

2000. This act would help protect and 

preserve the nation’s important fossil 

resources that are found on Federal 

lands for the benefit of our citizens. 

This provision will still allow the practice of casual collecting that is being 

enjoyed on Federal lands. While I recognize the educational benefits and the 

major fossil discoveries made by amateur collectors and curio hunters, fossil 

theft has become an increasing problem. Vertebrate fossils are rare and important natural resources that have become increasingly endangered due to 

an increase in the illegal collection of 

fossil specimens for commercial sale. 

However, at this time there is no unified policy regarding the treatment of 

fossils by Federal lands management 

agencies which would help protect and 

conserve fossil specimens. We risk the 

deterioration or loss of these valuable 

scientific resources. This act will correct that omission by providing uniformity to the patchwork of statutes 

and regulations that currently exist. It 

will create a comprehensive national 

policy for preserving and managing fossils and other artifacts found on Federal lands, and will prevent future illegal trade. I would like to emphasize 

that this bill covers only paleontological remains on Federal lands and in no 

way affects archaeological or cultural 

resources under the Archaeological Resources Protection Act of 1979 or the 

Native American Graves Protection 

and Repatriation Act. 

Lastly, I express my support for a 

provision in the omnibus lands bill 

that I cosponsored in the 110th Congress, S. 1680, the Izembek and Alaska 

Peninsula Refuge and Wilderness Enhancement Act. This measure paves 

the way for a road that would provide 

dependable and safe year-round access 

for the residents of King Cove in Alaska to the nearby Cold Bay Airport. I 

believe that the 800 residents of King 

Cove, most of whom are Native Aleut, 

have an absolute right to a means of 

transport that is accessible under all 

weather conditions, including gale 

force winds and fog. This reliable 

means of getting to the airport will 

help address many of the community’s 

safety, health, and medical concerns 

because the Cold Bay Airport is an allweather airport. 

In addition to providing an essential 

passageway, this provision will authorize a land transfer in which nearly 

56,000 acres of pristine land will be classified as wildlife refuge wilderness. In 

contrast, only about 2,000 acres of Federal land could potentially be exchanged for the purpose of constructing a one-lane gravel road. This 

measure has been in the making for 10 

years. I commend the Energy and Natural Resources Committee for working 

across the aisle to modify and refine 

the original language to be acceptable 

to all parties and stakeholders. Neither 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S427 

the land exchange nor the construction 

of the road will occur without a stringent environmental impact statement 

required under the National Environmental Policy Act of 1969 and assurances by the Secretary of the Department of the Interior that the construction of the road and the land exchange 

are in the public interest and sufficient 

environmental safeguards are in place. 

I strongly support the Omnibus Public Land Management Act of 2009 and 

those provisions that protect and preserve the historical contributions made 

by Hawaii’s environmental and cultural heritage. We must protect our 

legacies, and I encourage my colleagues to join in keeping our precious 

national resources and historic sites 

available for future generations. 

Ms. CANTWELL. Madam President, 

today, the Senate can be very proud of 

a very significant accomplishment for 

the enjoyment and protection of wilderness areas, historical sites, national 

parks, forests, trails and scenic rivers. 

Collectively, this is one of the most 

sweeping conservation bills the Senate 

has passed in many years. 

This bill has been through many 

twists and turns over the last year. But 

today’s successful vote could not have 

been possible without the tenacity and 

dedication of the Majority Leader. 

I thank the majority leader for his 

steadfast support and dedication to 

seeing that these important public land 

priorities become law. 

There are a number my bills in this 

omnibus lands package that I would 

like to speak to. 

First, the Ice Age Floods National 

Geologic Trail Designation Act. This 

bill will create a National Park Service 

trail to celebrate the remarkable geologic history of the Pacific Northwest 

region. This bill has enjoyed regional, 

bipartisan support. I would like to 

thank Senators MURRAY, WYDEN, 

CRAPO, and my former colleagues Senators Smith and Craig for working 

with me on this legislation. 

There are too many people to thank 

by name but I want to acknowledge the 

dedication of the Ice Age Floods Institute, particularly its President, Gary 

Kleinknecht, who has worked tirelessly 

to educate our country on the significance of the Ice Age Floods Geologic 

Trail. 

In many ways, the members of the 

Institute serve as the prote ́ge ́s of people like University of Washington professor J. Harlan Bretz and USGS geologist Joseph Pardee, who fought to 

make credible their hypothesis about 

the historic existence of the Ice Age 

Floods. 

This is a wonderful day for many 

communities, scientists, and Ice Age 

Floods enthusiasts throughout the Pacific Northwest, and for tourism and 

geologic education. 

The Ice Age Floods Institute has promoted the development of an Ice Age 

Floods National Geologic Trail for over 

12 years. With the growing interest and 

enthusiasm for this concept, this Geologic Trail is a long time coming. The 

story of the Ice Age Floods is a truly 

amazing story of the forces of nature 

and their impact on our lives. 

When geologists first saw the vast 

Columbia Basin in eastern Washington, 

they recognized that glaciers and flowing water had played a large part in 

shaping the extraordinary landscape, 

with its canyons, buttes, dry cataracts, 

boulder fields, and gravel bars. 

During the last Ice Age, some 13,000 

to 18,000 years ago, an ice cap covered 

almost all of Canada and extended 

down across much of the Pacific Northwest. In Idaho, a 2,000-foot-high glacier 

backed water up in western Montana 

until it formed Glacial Lake Missoula, 

totaling 530 cubic miles or more than 

Lakes Erie and Ontario combined. 

When Glacial Lake Missoula deepened enough, the sheer force of the 

backed up water undermined the glacial ice dam, and the ice give way in a 

cracking explosion. The huge lake was 

released all at once. 

When the dam broke, a towering 

mass of water and ice was released and 

swept across parts of Idaho, Washington, and Oregon on its way to the 

ocean. 

The peak rate of flow was ten times 

the combined flow of all the rivers of 

the world. The huge lake may have 

emptied in as little as 2 or 3 days. 

Geologists at the University of Washington counted 89 floods without reaching bottom, leading to present-day estimates of up to 100 catastrophic water 

releases. 

The glacial ice dam would break, 

sparking cataclysmic floods, fresh ice 

would eventually flow from Canada to 

once more create an ice dam and Lake 

Missoula, and the cycle would be repeated every 50 years or so. It ended 

only with the melting of the continental ice cap. 

These epic floods fundamentally 

changed the geography and way of life 

in the Pacific Northwest. The coulees, 

buttes, boulder fields, lakes, ridges and 

gravel bars they left behind still define 

the unique landscape of our State and 

our region today. 

These floods are a remarkable part of 

our natural heritage. They have profoundly affected the geography and 

ways of life in the region but have remained largely unknown to the general 

public. 

The legacy of the floods includes not 

only stark scabland and dramatic dry 

coulees and cataracts, but also exceptionally fertile, productive farmland, 

and significant wetlands and aquifers. 

Creating a National Park Service 

trail to recognize and celebrate how 

these floods literally shaped the face of 

our state will provide an unparalleled 

educational resource for Washingtonians and visitors from across the 

country. 

It will also spur economic development and create jobs in local communities across eastern and central Washington. 

I appreciate the Senate’s attention to 

this bill that will help educate and interpret one of the largest flooding 

events known to science. 

To date, more than 30 entities spanning State and local governments, 

chambers of commerce, and other civic 

and community organization support 

creation of the trail concept. 

This Omnibus Public Land Management Act of 2009 also includes my 

Snoqualmie Pass Land Conveyance 

Act. This hill would transfer an acre 

and a half of Forest Service land to the 

Snoqualmie Pass fire district to help 

them build a new fire station. 

I specifically thank the fire district 

commissioner Chris Caviezel for working so hard on behalf of the people at 

Snoqualmie Pass and providing top 

rate emergency services at one of the 

most traveled mountain passes in the 

country. 

During our recent winter storms, 

which brought several feet of snow, following by pounding rain and massive 

land slides at the Pass, Chris has been 

on the front lines providing tireless 

and dedicated round the clock public 

service to keep Snoqualmie Pass safe. 

The Snoqualmie Pass Fire Department serves a portion of two counties 

on both sides of the Cascade Mountains 

along Interstate 90, a community of 350 

full-time residents that peaks to 1,500 

during the ski season. 

Additionally, the ski area estimates 

20,000 patrons on a busy weekend, and 

the Department of Transportation estimates that up to 60,000 vehicles travel 

through the fire district on a busy day, 

making it the busiest mountain highway in the country. 

This area is also the major transportation corridor for goods and services 

between eastern and western Washington. The all-volunteer fire department averages over 300 calls a year 

with about a 10 percent annual increase 

in call volumes, which is more than triple the amount of calls a typical allvolunteer fire department would respond to in a year. 

Eighty-four percent of those incidents are for nontax paying residents. 

Consequently, the fire department has 

the characteristics of a large city with 

the limited resources of a small community. 

In recent years, this area has been 

the scene of major winter snowstorms, 

multi-vehicle accidents, and even avalanches. 

The fire district is often the first responder to incidents in the area, which 

is prone to rock slides and avalanches 

and it is not uncommon for this community to be isolated for hours or even 

days at a time. 

Several thousand people can be 

stranded at the pass during those periods when the Pass is closed and while 

the Department of Transportation 

works quickly to get the roads back 

open, it can be very taxing on local resources. 

For decades, the fire district has been 

leasing its current site from the Forest 

Service. They operate out of an aging 

building that was not designed to be a 

fire station. 


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S428 CONGRESSIONAL RECORD — SENATE January 15, 2009 

Through their hard work and dedication, they have served their community ably despite this building’s many 

shortcomings. However, with traffic on 

the rise and the need for emergency 

services in the area growing, the fire 

district needs to move to a true fire 

station. 

The fire district has identified a 

nearby site that would better serve the 

public safety needs at the pass. This location would provide easy access to the 

interstate in either direction, reducing 

emergency response times. 

The parcel is on Forest Service property, immediately adjacent to a freeway interchange, between a frontage 

road and the interstate itself. The parcel was formerly a disposal site during 

construction of the freeway and is now 

a gravel lot. 

It is my understanding that there are 

offers of support to construct a new 

fire station from State and local officials, and to mitigate any effects of 

construction, and I support those efforts. 

I appreciate the efforts of Senator 

MURRAY and my colleagues on the Energy and Natural Resources Committee 

to review this issue and bring this bill 

forward. I look forward to continuing 

to work with the community at the 

pass and my colleagues to improve public safety in the area. 

This Omnibus Public Land Management Act of 2009 also includes my Pacific Northwest National Scenic Trail 

Act. This bill would designate the Pacific Northwest trail a national scenic 

trail. 

The Pacific Northwest is home to 

some of the most pristine and breathtaking scenery this country has to 

offer—from vast patches of forest and 

steep, snow capped mountain ranges to 

sandy beaches, rocky ocean coast, and 

green pastures. 

The Pacific Northwest Trail, zigzagging from the Continental Divide to 

the Pacific Coast, offers all of these 

spectacular views. The Pacific Northwest Trail, running from the Continental Divide to the Pacific Coast, is 

1,200 miles long and ranks among the 

most scenic trails in the world. 

This carefully chosen path runs 

through the Rocky Mountains, Selkirk 

Mountains, Pasayten Wilderness, 

North Cascades, Olympic Mountains, 

and Wilderness Coast. From beginning 

to end it passes through three States, 

crosses three national parks, and winds 

through seven national forests. 

And designating the Pacific Northwest trail a national scenic trail will 

give it the proper recognition, bring 

benefits to neighboring rural communities, and promote its protection, development, and maintenance. 

In 1980, the National Park Service 

and the Forest Service completed a 

feasibility study of the proposed Pacific Northwest trail. And the study 

concluded that the Pacific Northwest 

trail has the scenic and recreational 

qualities needed for designation as a 

national scenic trail. 

Today, approximately 950 miles of 

the Pacific Northwest trail are completed and provide significant outdoor 

recreational experiences to citizens 

and visitors of the United States. 

With more recognition and more people from all over the country ‘‘putting 

on their hiking boots,’’ the trail will 

receive more eligibility for grants 

funding and increased attention, which 

in turn will result in increased use and 

more economic activity in rural areas. 

National scenic trails provide recreation, conservation, and enjoyment of 

significant scenic, historic, natural, 

and cultural qualities. The Pacific 

Northwest trail is a national prize and 

should be recognized as such. 

This Omnibus Public Land Management Act of 2009 also includes my 

wildland firefighter safety legislation. 

This legislation will improve accountability and transparency in wildland 

firefighter safety training programs. 

Wildland firefighting and the safety of 

wildland firefighters is vitally important to our brave men and women who 

battle these blazes, and for the communities that depend on them. 

When wildfires do occur we rely on 

courageous men and women to protect 

our communities and natural resources. Every summer, we send thousands of brave firefighters into harm’s 

way to protect our Nation’s rural communities and public lands. 

Of course, fighting fires is inherently 

dangerous. But we must not abide preventable deaths: We must not lose firefighters simply because rules are broken, policies are ignored, and no one is 

held accountable. 

Six years ago, Washington State suffered a horrible tragedy. On July 10, 

2001, near Winthrop in Okanogan County, during the second worst drought in 

Washington history, the Thirtymile 

fire burned out of control and four courageous firefighters died. Sadly, subsequent investigations revealed that they 

didn’t have to die. The Forest Service 

has said the tragedy ‘‘could have been 

prevented.’’ 

Since then, the courage of the 

Thirtymile families, standing up and 

demanding change, has had a positive 

impact on the safety of our wildland 

firefighters. But we must do much 

more. 

Through training and certification 

we can lower the risk to the brave men 

and women who protect our forests and 

communities. It’s critical that Congress is actively engaged to ensure this 

happens. 

An inspector general’s report released in March 2006 found problems in 

the Forest Service’s oversight of contracting firefighting crews. Hundreds 

are contracted by the Forest Service 

and State agencies every year to fight 

fires. Roughly one-third of the records 

it sampled showed that fire fighters’ 

qualification standards had not been 

met. Too many have been dispatched to 

fight fires without the necessary preparation. 

This is not new. A 2003 Seattle Times 

report cited an internal Forest Service 

memo identifying the lack of accountability in the contract firefighting program. A 2004 GAO report found that insufficiently trained contract crews 

hampered firefighting efforts. And a 

2004 IG audit found that at the time the 

Forest Service could not monitor the 

certification of more than 80 percent of 

its own firefighters. That is unacceptable. 

This legislation is a very modest yet 

important proposal. The Senate has already passed it once as an amendment 

to the 2003 healthy forests legislation, 

but sadly, it was not included in the 

conference version of the bill. 

It is clear: this bill’s provisions are 

still a necessary tool to ensure that 

Congress and Federal wildland firefighting agencies are as proactive as 

possible in protecting the lives of 

wildland firefighters. 

First, the Wildland Firefighter Safety and Transparency Act requires the 

Secretaries of Agriculture and Interior 

to track the funds they spend on firefighter safety and training. Congress 

and taxpayers deserve to know whether 

and how Federal funds are being spent 

to ensure the safety of firefighters. 

Improved accountability means improved safety: I hope the Forest Service will agree to track its funds as part 

of the administration’s annual budget 

request. 

Second, my legislation requires the 

Secretaries to report to Congress annually on their departments’ safety and 

training programs. We need to monitor 

Federal firefighting agencies and ensure commitments to reform are being 

acted upon. An annual check-in on 

safety programs from Congress is essential to making that happen. 

Finally, my bill would require the 

Forest Service to ensure that private 

firefighting crews working under federal contracts receive training consistent with their Federal counterparts. This is critical not only to protect those private crews but also to 

safeguard the Federal, State and tribal 

employees who stand shoulder-toshoulder with the contractors on the 

fire line. 

And so we have an obligation to protect and prepare the brave firefighters 

we send into harm’s way. I look forward to working with my House colleagues on approving this legislation. 

All of this could not have been accomplished without the strong support 

and hard work and dedication of the 

majority leader and I thank the leader 

for successfully moving these priorities. 

Mr. DURBIN. Madam President, the 

Omnibus Public Land Management Act 

of 2009 (S. 22) combines more than 160 

individual bills to protect America’s 

wilderness and responsibly manage our 

natural resources. The individual 

measures in this bill were originally 

introduced by nearly equal numbers of 

Democratic and Republican Senators 

and the vast majority have broad bipartisan support. 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S429 

S. 22 would protect over 2 million 

acres of land by designating it as wilderness, making it the largest expansion of the National Wilderness Preservation System in almost 15 years. 

The new and expanded wilderness 

areas established by this bill would 

span nine States and include such 

treasures as: Pictured Rocks National 

Lakeshore in Michigan; Monongahela 

National Forest in West Virginia; Oregon’s Mount Hood; Idaho’s Owyhee 

canyons; the Sierra Nevada Mountains 

of California; the Rocky Mountain National Park in Colorado; Zion National 

Park in Utah; as well as wildernessquality lands in Virginia and New Mexico. 

S. 22 would also protect more than 

1,000 miles of free-flowing rivers by 

adding them to the National Wild and 

Scenic Rivers System. It would add 

thousands of new miles of trails to the 

National Trails System, expand the 

National Park System, and establish 

new National Conservation Areas. 

The Omnibus Public Land Management Act would create new National 

Heritage Areas and authorize additions 

to the National Park System to preserve historical sites, including the 

creation of the Abraham Lincoln Birthplace National Historic Park in Kentucky. 

The package also contains critical 

measures to responsibly manage our 

Nation’s water resources, including a 

provision to assess the impact of climate change on our national water 

supply, authorizations to repair water 

infrastructure, and the resolution of 

important water settlements in the 

West. 

Other key provisions include the establishment of a 26-million-acre National Landscape Conservation System 

and protecting more than 1 million 

acres of Wyoming’s Bridger-Teton National Forest from oil and gas development. 

In its waning days, the current administration went forward with a controversial oil and gas lease sale in Utah 

that included wilderness quality lands 

near several national parks. This sale 

highlights the need for Congress to 

come together and protect our public 

lands and precious natural resources 

for future generations. 

I support this package to protect our 

wilderness areas and preserve the country’s natural resources. 

Mr. BINGAMAN. Madam President, 

this package would not have been possible without the dedicated work of the 

majority leader over the past several 

months. I wish to particularly thank 

him for his commitment to calling up 

this bill early in this Congress and proceeding with it. I wish to also acknowledge the excellent work and energy of 

the Natural Resources Committee’s 

new ranking minority member Ms. 

MURKOWSKI. We have been able to work 

together to develop a truly bipartisan 

combination of bills which is reflected 

in the broad support for this package. 

Of course, I wish to acknowledge the 

role of Senator Domenici, who was the 

ranking member in the prior Congress, 

for his hard work that also is reflected 

in this legislation. 

I wish to also recognize the work of 

three of our subcommittee chairmen 

and ranking members: Senators AKAKA

and BURR on the National Parks Subcommittee, Senators WYDEN and 

BARRASSO from the Public Lands and 

Forests Subcommittee, Senator JOHNSON and Senator CORKER of the Water 

and Power Subcommittee. Most of the 

hearings for the bills in this package 

were held in those subcommittees. 

These Senators laid much of the 

groundwork for today’s vote. Of course, 

I wish to recognize Chairman RAHALL

of the House Natural Resources Committee for all his work and the work of 

his staff to resolve any differences that 

could have existed with the other body. 

We have had superb staff work in developing this legislation. Let me particularly mention David Brooks, Kara 

Finkler and, of course, our staff director, Bob Simon, as well as Sam Fowler, 

the counsel for our Energy and Natural 

Resources staff; also, Mike Connor, 

who worked very hard on many of the 

water provisions contained in the legislation; Scott Miller, who worked on 

many of the forest-related sections of 

this legislation. I know Senator MURKOWSKI and, prior to her, Senator 

Domenici, also had excellent staff work 

on the Republican side, which resulted 

in this legislation coming together in a 

bipartisan fashion. 

So I will put a more complete statement acknowledging the great work of 

members of our committee staff in the 

RECORD and elaborate on that as the 

day proceeds, but I do wish to mention 

them now. 

Madam President, I see my colleague 

from Oklahoma is here to speak. How 

much time remains on the two sides? I 

know he has 5 minutes. Is there any 

time remaining on our side? 

The PRESIDING OFFICER. There is 

no time remaining on the majority 

side. 

Mr. BINGAMAN. I yield the floor. 

The PRESIDING OFFICER. The Senator from Oklahoma is recognized. 

Mr. COBURN. Madam President, in 

thinking about where we are today, I 

asked myself what the average Oklahoman would ask of me about this bill, or 

the average person from Wyoming or 

California. 

As I think about it, we have a bill 

that has 45 blatant earmarks in it. It is 

not a new day in Washington. Despite 

arguments to the contrary, we are 

going to significantly alter our access 

to millions of barrels of oil and trillions of cubic feet of natural gas by 

what we are doing. We are going to create a further imbalance. We have almost 107 million acres of wilderness 

area. We are going to add another 2.2 

million acres to that today. We are 

going to trample on property rights as 

we haven’t in decades, both directly 

and indirectly. I asked myself: Why are 

we doing it? I believe we are doing it 

because we are thinking in the very 

short term. I also believe we are doing 

it because we pride ourselves in the parochial benefits that we can return to 

our States at the expense of the best 

judgment in terms of decisionmaking 

for our future. 

As has been noted on this floor, there 

are many of these bills that I don’t approve that don’t have an impact, that 

aren’t earmarks, that aren’t going to 

take property rights away, that aren’t 

going to limit our access to available 

oil and natural gas, proven reserves, 

but nevertheless we are going to do 

those things today, and there are going 

to be 20 or 25 votes against it. That 

doesn’t mean the people who are promoting this are any more genuine or 

sincere than I am, but I think what it 

does mean is we have a short-term, myopic-focused leadership in the Congress 

that does not weigh properly the benefits of pleasing the parochial interests 

at the expense of our future. 

So I have fought very hard for many 

months to try to make sure a majority 

of these bills don’t become law—not because I am opposed to wilderness or 

heritage areas but because I am for 

constitutional right of property ownership, because I know the more and 

more we take away from our ability to 

fill the gap as we transition to alternative energy, the more money we are 

going to fund to those people who 

would like to see us nonexistent. 

It is a privilege to serve in this body. 

It is a privilege to serve with gentlemen such as the Senator from New 

Mexico, the chairman of this committee, and to benefit from his integrity and his demeanor and cooperation, 

but it is also a disappointment that, in 

my line of thinking, when you talk 

with the average American, we 

shouldn’t be doing anything to take 

away property rights. We should be 

doing everything to assure ourselves 

increased access to energy in the future. We should, for sure, eliminate 

this blatant, corrupt process of earmarking, not because it is corrupt in 

terms of at this time or at that time; it 

is corrupt because it ignores the future 

and the costs and the lack of priority 

about how we should be spending what 

are going to be very limited resources 

in the future. 

So I thank my colleagues for giving 

me the opportunity to attempt to put 

forward what I think are important 

principles. 

I yield the floor. 

Mr. BINGAMAN. Madam President, I 

suggest the absence of a quorum. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The legislative clerk proceeded to 

call the roll. 

Mr. REID. Madam President, I ask 

unanimous consent that the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

ORDER OF PROCEDURE

Mr. REID. Madam President, I had a 

conversation with the distinguished 


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S430 CONGRESSIONAL RECORD — SENATE January 15, 2009 

Republican leader, and based on that 

conversation, I am going to propound 

the following unanimous consent request. 

I ask unanimous consent that immediately following the vote on the motion to invoke cloture on the motion to 

proceed to S. 181, regardless of the outcome, the Senate proceed to the consideration of calendar No. 16, S. J. Res. 

5, the disapproval resolution relating 

to Emergency Economic Stabilization 

Act, and that the vote on passage of 

the joint resolution occur at 4:30 p.m., 

notwithstanding rule XII, paragraph 4; 

that the time be divided as provided for 

under the statute; that at 2 p.m. the 

consideration and debate be interrupted for the swearing in of Senatorappointee BURRIS and that the time 

utilized be charged against the majority; and that at 4:30 p.m. today, the 

Senate proceed to vote on the joint resolution, with no further intervening 

action or debate. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. REID. Madam President, I ask 

unanimous consent that prior to the 

second vote on cloture, there be 4 minutes equally divided and controlled between Senators MIKULSKI and ENZI or 

their designees, and that the second 

vote in the sequence be 10 minutes in 

duration. 

I suggest this is the so-called Lilly 

Ledbetter legislation about which we 

have been talking. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Under the previous order, the question is on the engrossment and third 

reading of the bill, as amended. 

The bill was ordered to be engrossed 

for a third reading and was read the 

third time. 

Mr. BINGAMAN. Madam President, I 

ask for the yeas and nays. 

The PRESIDING OFFICER. Is there a 

sufficient second? 

There appears to be a sufficient second. 

The question is, Shall the bill, S. 22, 

as amended, pass? 

The clerk will call the roll. 

The assistant legislative clerk called 

the roll. 

Mr. DURBIN. I announce that the 

Senator from Delaware (Mr. BIDEN), 

the Senator from Ohio (Mr. BROWN), 

and the Senator from Massachusetts 

(Mr. KENNEDY) are necessarily absent. 

Mr. KYL. The following Senator is 

necessarily absent: the Senator from 

Kentucky (Mr. BUNNING). 

Further, if present and voting, the 

Senator from Kentucky (Mr. BUNNING) 

would have voted ‘‘nay.’’ 

The result was announced—yeas 73, 

nays 21, as follows: 

[Rollcall Vote No. 3 Leg.] 

YEAS—73 

Akaka 

Alexander 

Barrasso 

Baucus 

Bayh 

Begich 

Bennett 

Bingaman 

Bond 

Boxer 

Byrd 

Cantwell 

Cardin 

Carper 

Casey 

Clinton 

Cochran 

Collins 

Conrad 

Corker 

Crapo 

Dodd 

Dorgan 

Durbin 

Enzi 

Feingold 

Feinstein 

Gregg 

Hagan 

Harkin 

Hatch 

Inouye 

Johnson 

Kerry 

Klobuchar 

Kohl 

Landrieu 

Lautenberg 

Leahy 

Levin 

Lieberman 

Lincoln 

Lugar 

Martinez 

McCaskill 

Menendez 

Merkley 

Mikulski 

Murkowski 

Murray 

Nelson (FL) 

Nelson (NE) 

Pryor 

Reed 

Reid 

Risch 

Rockefeller 

Salazar 

Sanders 

Schumer 

Shaheen 

Snowe 

Specter 

Stabenow 

Tester 

Udall (CO) 

Udall (NM) 

Voinovich 

Warner 

Webb 

Whitehouse 

Wicker 

Wyden 

NAYS—21 

Brownback 

Burr 

Chambliss 

Coburn 

Cornyn 

DeMint 

Ensign 

Graham 

Grassley 

Hutchison 

Inhofe 

Isakson 

Johanns 

Kyl 

McCain 

McConnell 

Roberts 

Sessions 

Shelby 

Thune 

Vitter 

NOT VOTING—4 

Biden 

Brown 

Bunning 

Kennedy 

The bill (S. 22), as amended, was 

passed, as follows: 

S. 22 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

the ‘‘Omnibus Public Land Management Act 

of 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADDITIONS TO THE NATIONAL 

WILDERNESS PRESERVATION SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

Sec. 1001. Designation of wilderness, 

Monongahela National Forest, 

West Virginia. 

Sec. 1002. Boundary adjustment, Laurel 

Fork South Wilderness, 

Monongahela National Forest. 

Sec. 1003. Monongahela National Forest 

boundary confirmation. 

Sec. 1004. Enhanced Trail Opportunities. 

Subtitle B—Virginia Ridge and Valley 

Wilderness 

Sec. 1101. Definitions. 

Sec. 1102. Designation of additional National 

Forest System land in Jefferson 

National Forest, Virginia, as 

wilderness or a wilderness 

study area. 

Sec. 1103. Designation of Kimberling Creek 

Potential Wilderness Area, Jefferson National Forest, Virginia. 

Sec. 1104. Seng Mountain and Bear Creek 

Scenic Areas, Jefferson National Forest, Virginia. 

Sec. 1105. Trail plan and development. 

Sec. 1106. Maps and boundary descriptions. 

Sec. 1107. Effective date. 

Subtitle C—Mt. Hood Wilderness, Oregon 

Sec. 1201. Definitions. 

Sec. 1202. Designation of wilderness areas. 

Sec. 1203. Designation of streams for wild 

and scenic river protection in 

the Mount Hood area. 

Sec. 1204. Mount Hood National Recreation 

Area. 

Sec. 1205. Protections for Crystal Springs, 

Upper Big Bottom, and Cultus 

Creek. 

Sec. 1206. Land exchanges. 

Sec. 1207. Tribal provisions; planning and 

studies. 

Subtitle D—Copper Salmon Wilderness, 

Oregon 

Sec. 1301. Designation of the Copper Salmon 

Wilderness. 

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

Sec. 1303. Protection of tribal rights. 

Subtitle E—Cascade-Siskiyou National 

Monument, Oregon 

Sec. 1401. Definitions. 

Sec. 1402. Voluntary grazing lease donation 

program. 

Sec. 1403. Box R Ranch land exchange. 

Sec. 1404. Deerfield land exchange. 

Sec. 1405. Soda Mountain Wilderness. 

Sec. 1406. Effect. 

Subtitle F—Owyhee Public Land 

Management 

Sec. 1501. Definitions. 

Sec. 1502. Owyhee Science Review and Conservation Center. 

Sec. 1503. Wilderness areas. 

Sec. 1504. Designation of wild and scenic rivers. 

Sec. 1505. Land identified for disposal. 

Sec. 1506. Tribal cultural resources. 

Sec. 1507. Recreational travel management 

plans. 

Sec. 1508. Authorization of appropriations. 

Subtitle G—Sabinoso Wilderness, New 

Mexico 

Sec. 1601. Definitions. 

Sec. 1602. Designation of the Sabinoso Wilderness. 

Subtitle H—Pictured Rocks National 

Lakeshore Wilderness 

Sec. 1651. Definitions. 

Sec. 1652. Designation of Beaver Basin Wilderness. 

Sec. 1653. Administration. 

Sec. 1654. Effect. 

Subtitle I—Oregon Badlands Wilderness 

Sec. 1701. Definitions. 

Sec. 1702. Oregon Badlands Wilderness. 

Sec. 1703. Release. 

Sec. 1704. Land exchanges. 

Sec. 1705. Protection of tribal treaty rights. 

Subtitle J—Spring Basin Wilderness, Oregon 

Sec. 1751. Definitions. 

Sec. 1752. Spring Basin Wilderness. 

Sec. 1753. Release. 

Sec. 1754. Land exchanges. 

Sec. 1755. Protection of tribal treaty rights. 

Subtitle K—Eastern Sierra and Northern 

San Gabriel Wilderness, California 

Sec. 1801. Definitions. 

Sec. 1802. Designation of wilderness areas. 

Sec. 1803. Administration of wilderness 

areas. 

Sec. 1804. Release of wilderness study areas. 

Sec. 1805. Designation of wild and scenic rivers. 

Sec. 1806. Bridgeport Winter Recreation 

Area. 

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

Sec. 1808. Ancient Bristlecone Pine Forest. 

Subtitle L—Riverside County Wilderness, 

California 

Sec. 1851. Wilderness designation. 

Sec. 1852. Wild and scenic river designations, 

Riverside County, California. 

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

Jacinto Mountains National 

Monument. 

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 ColoradoBig 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. 

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. 

Sec. 3403. Colorado Northern Front Range 

Mountain Backdrop Study. 

TITLE IV—FOREST LANDSCAPE 

RESTORATION 

Sec. 4001. Purpose. 

Sec. 4002. Definitions. 

Sec. 4003. Collaborative Forest Landscape 

Restoration Program. 

Sec. 4004. Authorization of appropriations. 

TITLE V—RIVERS AND TRAILS 

Subtitle A—Additions to the National Wild 

and Scenic Rivers System 

Sec. 5001. Fossil Creek, Arizona. 

Sec. 5002. Snake River Headwaters, Wyoming. 

Sec. 5003. Taunton River, Massachusetts. 

Subtitle B—Wild and Scenic Rivers Studies 

Sec. 5101. Missisquoi and Trout Rivers 

Study. 

Subtitle C—Additions to the National Trails 

System 

Sec. 5201. Arizona National Scenic Trail. 

Sec. 5202. New England National Scenic 

Trail. 

Sec. 5203. Ice Age Floods National Geologic 

Trail. 

Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail. 

Sec. 5205. Pacific Northwest National Scenic 

Trail. 

Sec. 5206. Trail of Tears National Historic 

Trail. 

Subtitle D—National Trail System 

Amendments 

Sec. 5301. National Trails System willing 

seller authority. 

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

Sec. 5303. Chisholm Trail and Great Western 

Trails Studies. 

TITLE VI—DEPARTMENT OF THE 

INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed 

Management Program 

Sec. 6001. Definitions. 

Sec. 6002. Program. 

Sec. 6003. Effect of subtitle. 

Subtitle B—Competitive Status for Federal 

Employees in Alaska 

Sec. 6101. Competitive status for certain 

Federal employees in the State 

of Alaska. 

Subtitle C—Management of the Baca 

National Wildlife Refuge 

Sec. 6201. Baca National Wildlife Refuge. 

Subtitle D—Paleontological Resources 

Preservation 

Sec. 6301. Definitions. 

Sec. 6302. Management. 

Sec. 6303. Public awareness and education 

program. 

Sec. 6304. Collection of paleontological resources. 

Sec. 6305. Curation of resources. 

Sec. 6306. Prohibited acts; criminal penalties. 

Sec. 6307. Civil penalties. 

Sec. 6308. Rewards and forfeiture. 

Sec. 6309. Confidentiality. 

Sec. 6310. Regulations. 

Sec. 6311. Savings provisions. 

Sec. 6312. Authorization of appropriations. 

Subtitle E—Izembek National Wildlife 

Refuge Land Exchange 

Sec. 6401. Definitions. 

Sec. 6402. Land exchange. 

Sec. 6403. King Cove Road. 

Sec. 6404. Administration of conveyed lands. 

Sec. 6405. Failure to begin road construction. 

Sec. 6406. Expiration of legislative. 

Subtitle F—Wolf Livestock Loss 

Demonstration Project 

Sec. 6501. Definitions. 

Sec. 6502. Wolf compensation and prevention 

program. 

Sec. 6503. Authorization of appropriations. 

TITLE VII—NATIONAL PARK SERVICE 

AUTHORIZATIONS 

Subtitle A—Additions to the National Park 

System 

Sec. 7001. Paterson Great Falls National 

Historical Park, New Jersey. 

Sec. 7002. William Jefferson Clinton Birthplace Home National Historic 

Site. 

Sec. 7003. River Raisin National Battlefield 

Park. 

Subtitle B—Amendments to Existing Units 

of the National Park System 

Sec. 7101. Funding for Keweenaw National 

Historical Park. 

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

National Historic Site. 


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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. 

Subtitle C—Special Resource Studies 

Sec. 7201. Walnut Canyon study. 

Sec. 7202. Tule Lake Segregation Center, 

California. 

Sec. 7203. Estate Grange, St. Croix. 

Sec. 7204. Harriet Beecher Stowe House, 

Maine. 

Sec. 7205. Shepherdstown battlefield, West 

Virginia. 

Sec. 7206. Green McAdoo School, Tennessee. 

Sec. 7207. Harry S Truman Birthplace, Missouri. 

Sec. 7208. Battle of Matewan special resource study. 

Sec. 7209. Butterfield Overland Trail. 

Sec. 7210. Cold War sites theme study. 

Sec. 7211. Battle of Camden, South Carolina. 

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

Subtitle D—Program Authorizations 

Sec. 7301. American Battlefield Protection 

Program. 

Sec. 7302. Preserve America Program. 

Sec. 7303. Save America’s Treasures Program. 

Sec. 7304. Route 66 Corridor Preservation 

Program. 

Sec. 7305. National Cave and Karst Research 

Institute. 

Subtitle E—Advisory Commissions 

Sec. 7401. Na Hoa Pili O Kaloko-Honokohau 

Advisory Commission. 

Sec. 7402. Cape Cod National Seashore Advisory Commission. 

Sec. 7403. National Park System Advisory 

Board. 

Sec. 7404. Concessions Management Advisory Board. 

Sec. 7405. St. Augustine 450th Commemoration Commission. 

TITLE VIII—NATIONAL HERITAGE AREAS 

Subtitle A—Designation of National 

Heritage Areas 

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

Sec. 8002. Cache La Poudre River National 

Heritage Area, Colorado. 

Sec. 8003. South Park National Heritage 

Area, Colorado. 

Sec. 8004. Northern Plains National Heritage 

Area, North Dakota. 

Sec. 8005. Baltimore National Heritage Area, 

Maryland. 

Sec. 8006. Freedom’s Way National Heritage 

Area, Massachusetts and New 

Hampshire. 

Sec. 8007. Mississippi Hills National Heritage Area. 

Sec. 8008. Mississippi Delta National Heritage Area. 

Sec. 8009. Muscle Shoals National Heritage 

Area, Alabama. 

Sec. 8010. Kenai Mountains-Turnagain Arm 

National Heritage Area, Alaska. 

Subtitle B—Studies 

Sec. 8101. Chattahoochee Trace, Alabama 

and Georgia. 

Sec. 8102. Northern Neck, Virginia. 

Subtitle C—Amendments Relating to 

National Heritage Corridors 

Sec. 8201. Quinebaug and Shetucket Rivers 

Valley National Heritage Corridor. 

Sec. 8202. Delaware And Lehigh National 

Heritage Corridor. 

Sec. 8203. Erie Canalway National Heritage 

Corridor. 

Sec. 8204. John H. Chafee Blackstone River 

Valley National Heritage Corridor. 

TITLE IX—BUREAU OF RECLAMATION 

AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

Sec. 9001. Snake, Boise, and Payette River 

systems, Idaho. 

Sec. 9002. Sierra Vista Subwatershed, Arizona. 

Sec. 9003. San Diego Intertie, California. 

Subtitle B—Project Authorizations 

Sec. 9101. Tumalo Irrigation District Water 

Conservation Project, Oregon. 

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

Sec. 9103. Eastern New Mexico Rural Water 

System project, New Mexico. 

Sec. 9104. Rancho Cailfornia Water District 

project, California. 

Sec. 9105. Jackson Gulch Rehabilitation 

Project, Colorado. 

Sec. 9106. Rio Grande Pueblos, New Mexico. 

Sec. 9107. Upper Colorado River endangered 

fish programs. 

Sec. 9108. Santa Margarita River, California. 

Sec. 9109. Elsinore Valley Municipal Water 

District. 

Sec. 9110. North Bay Water Reuse Authority. 

Sec. 9111. Prado Basin Natural Treatment 

System Project, California. 

Sec. 9112. Bunker Hill Groundwater Basin, 

California. 

Sec. 9113. GREAT Project, California. 

Sec. 9114. Yucaipa Valley Water District, 

California. 

Sec. 9115. Arkansas Valley Conduit, Colorado. 

Subtitle C—Title Transfers and 

Clarifications 

Sec. 9201. Transfer of McGee Creek pipeline 

and facilities. 

Sec. 9202. Albuquerque Biological Park, New 

Mexico, title clarification. 

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

Subtitle D—San Gabriel Basin Restoration 

Fund 

Sec. 9301. Restoration Fund. 

Subtitle E—Lower Colorado River MultiSpecies 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. 

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. 

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. 


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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. 

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. 

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. 

TITLE I—ADDITIONS TO THE NATIONAL 

WILDERNESS PRESERVATION SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

SEC. 1001. DESIGNATION OF WILDERNESS, 

MONONGAHELA NATIONAL FOREST, 

WEST VIRGINIA. 

(a) DESIGNATION.—In furtherance of the 

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

et seq.), the following Federal lands within 

the Monongahela National Forest in the 

State of West Virginia are designated as wilderness and as either a new component of the 

National Wilderness Preservation System or 

as an addition to an existing component of 

the National Wilderness Preservation System: 

(1) Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled ‘‘Big Draft Proposed Wilderness’’ and dated March 11, 2008, 

which shall be known as the ‘‘Big Draft Wilderness’’. 

(2) Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled ‘‘Cranberry Expansion Proposed Wilderness’’ and dated 

March 11, 2008, which shall be added to and 

administered as part of the Cranberry Wilderness designated by section 1(1) of Public 

Law 97–466 (96 Stat. 2538). 

(3) Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled ‘‘Dolly Sods Expansion Proposed Wilderness’’ and dated 

March 11, 2008, which shall be added to and 

administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of Public Law 93–622 (88 Stat. 2098). 

(4) Certain Federal land comprising approximately 698 acres, as generally depicted 

on the map entitled ‘‘Otter Creek Expansion 

Proposed Wilderness’’ and dated March 11, 

2008, which shall be added to and administered as part of the Otter Creek Wilderness 

designated by section 3(a)(14) of Public Law 

93–622 (88 Stat. 2098). 

(5) Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled ‘‘Roaring Plains 

Proposed Wilderness’’ and dated March 11, 

2008, which shall be known as the ‘‘Roaring 

Plains West Wilderness’’. 

(6) Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled ‘‘Spice Run Proposed Wilderness’’ and dated March 11, 2008, 

which shall be known as the ‘‘Spice Run Wilderness’’. 

(b) MAPS AND LEGAL DESCRIPTION.— 

(1) FILING AND AVAILABILITY.—As soon as 

practicable after the date of the enactment 

of this Act, the Secretary of Agriculture, 

acting through the Chief of the Forest Service, shall file with the Committee on Natural 

Resources of the House of Representatives 

and the Committee on Energy and Natural 

Resources of the Senate a map and legal description of each wilderness area designated 

or expanded by subsection (a). The maps and 

legal descriptions shall be on file and available for public inspection in the office of the 

Chief of the Forest Service and the office of 

the Supervisor of the Monongahela National 

Forest. 

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

descriptions referred to in this subsection 

shall have the same force and effect as if included in this subtitle, except that the Secretary may correct errors in the maps and 

descriptions. 

(c) ADMINISTRATION.—Subject to valid existing rights, the Federal lands designated as 

wilderness by subsection (a) shall be administered by the Secretary in accordance with 

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

The Secretary may continue to authorize the 

competitive running event permitted from 

2003 through 2007 in the vicinity of the 

boundaries of the Dolly Sods Wilderness addition designated by paragraph (3) of subsection (a) and the Roaring Plains West Wilderness Area designated by paragraph (5) of 

such subsection, in a manner compatible 

with the preservation of such areas as wilderness. 

(d) EFFECTIVE DATE OF WILDERNESS ACT.— 

With respect to the Federal lands designated 

as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 

et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to 

the date of the enactment of this Act. 

(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 

1133(d)(7)), nothing in this section affects the 

jurisdiction or responsibility of the State of 

West Virginia with respect to wildlife and 

fish. 


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SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL 

FORK SOUTH WILDERNESS, 

MONONGAHELA NATIONAL FOREST. 

(a) BOUNDARY ADJUSTMENT.—The boundary 

of the Laurel Fork South Wilderness designated by section 1(3) of Public Law 97–466 

(96 Stat. 2538) is modified to exclude two parcels of land, as generally depicted on the 

map entitled ‘‘Monongahela National Forest 

Laurel Fork South Wilderness Boundary 

Modification’’ and dated March 11, 2008, and 

more particularly described according to the 

site-specific maps and legal descriptions on 

file in the office of the Forest Supervisor, 

Monongahela National Forest. The general 

map shall be on file and available for public 

inspection in the Office of the Chief of the 

Forest Service. 

(b) MANAGEMENT.—Federally owned land 

delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall 

continue to be administered by the Secretary of Agriculture in accordance with the 

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

SEC. 1003. MONONGAHELA NATIONAL FOREST 

BOUNDARY CONFIRMATION. 

(a) IN GENERAL.—The boundary of the 

Monongahela National Forest is confirmed 

to include the tracts of land as generally depicted on the map entitled ‘‘Monongahela 

National Forest Boundary Confirmation’’ 

and dated March 13, 2008, and all Federal 

lands under the jurisdiction of the Secretary 

of Agriculture, acting through the Chief of 

the Forest Service, encompassed within such 

boundary shall be managed under the laws 

and regulations pertaining to the National 

Forest System. 

(b) LAND AND WATER CONSERVATION

FUND.—For the purposes of section 7 of the 

Land and Water Conservation Fund Act of 

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

Monongahela National Forest, as confirmed 

by subsection (a), shall be considered to be 

the boundaries of the Monongahela National 

Forest as of January 1, 1965. 

SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 

(a) PLAN.— 

(1) IN GENERAL.—The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest. 

(2) NONMOTORIZED RECREATION TRAIL DEFINED.—For the purposes of this subsection, 

the term ‘‘nonmotorized recreation trail’’ 

means a trail designed for hiking, bicycling, 

and equestrian use. 

(b) REPORT.—Not later than two years 

after the date of the enactment of this Act, 

the Secretary of Agriculture shall submit to 

Congress a report on the implementation of 

the plan required under subsection (a), including the identification of priority trails 

for development. 

(c) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES.—In considering possible closure and decommissioning of a Forest Service road within the 

Monongahela National Forest after the date 

of the enactment of this Act, the Secretary 

of Agriculture, in accordance with applicable 

law, may consider converting the road to 

nonmotorized uses to enhance recreational 

opportunities within the Monongahela National Forest. 

Subtitle B—Virginia Ridge and Valley 

Wilderness 

SEC. 1101. DEFINITIONS. 

In this subtitle: 

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

means the Seng Mountain National Scenic 

Area and the Bear Creek National Scenic 

Area. 

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

means the Secretary of Agriculture. 

SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN 

JEFFERSON NATIONAL FOREST AS 

WILDERNESS OR A WILDERNESS 

STUDY AREA. 

(a) DESIGNATION OF WILDERNESS.—Section 1 

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

Stat. 584, 114 Stat. 2057), is amended— 

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

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

(2) by striking ‘‘certain’’ each place it appears and inserting ‘‘Certain’’; 

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

striking the semicolon at the end and inserting a period; 

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

inserting a period; and 

(5) by adding at the end the following: 

‘‘(9) Certain land in the Jefferson National 

Forest comprising approximately 3,743 acres, 

as generally depicted on the map entitled 

‘Brush Mountain and Brush Mountain East’ 

and dated May 5, 2008, which shall be known 

as the ‘Brush Mountain East Wilderness’. 

‘‘(10) Certain land in the Jefferson National 

Forest comprising approximately 4,794 acres, 

as generally depicted on the map entitled 

‘Brush Mountain and Brush Mountain East’ 

and dated May 5, 2008, which shall be known 

as the ‘Brush Mountain Wilderness’. 

‘‘(11) Certain land in the Jefferson National 

Forest comprising approximately 4,223 acres, 

as generally depicted on the map entitled 

‘Seng Mountain and Raccoon Branch’ and 

dated April 28, 2008, which shall be known as 

the ‘Raccoon Branch Wilderness’. 

‘‘(12) Certain land in the Jefferson National 

Forest comprising approximately 3,270 acres, 

as generally depicted on the map entitled 

‘Stone Mountain’ and dated April 28, 2008, 

which shall be known as the ‘Stone Mountain Wilderness’. 

‘‘(13) Certain land in the Jefferson National 

Forest comprising approximately 8,470 acres, 

as generally depicted on the map entitled 

‘Garden Mountain and Hunting Camp Creek’ 

and dated April 28, 2008, which shall be 

known as the ‘Hunting Camp Creek Wilderness’. 

‘‘(14) Certain land in the Jefferson National 

Forest comprising approximately 3,291 acres, 

as generally depicted on the map entitled 

‘Garden Mountain and Hunting Camp Creek’ 

and dated April 28, 2008, which shall be 

known as the ‘Garden Mountain Wilderness’. 

‘‘(15) Certain land in the Jefferson National 

Forest comprising approximately 5,476 acres, 

as generally depicted on the map entitled 

‘Mountain Lake Additions’ and dated April 

28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 

2(6) of the Virginia Wilderness Act of 1984 (16 

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

‘‘(16) Certain land in the Jefferson National 

Forest comprising approximately 308 acres, 

as generally depicted on the map entitled 

‘Lewis Fork Addition and Little Wilson 

Creek Additions’ and dated April 28, 2008, 

which is incorporated in the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 

note; Public Law 98–586). 

‘‘(17) Certain land in the Jefferson National 

Forest comprising approximately 1,845 acres, 

as generally depicted on the map entitled 

‘Lewis Fork Addition and Little Wilson 

Creek Additions’ and dated April 28, 2008, 

which is incorporated in the Little Wilson 

Creek Wilderness designated by section 2(5) 

of the Virginia Wilderness Act of 1984 (16 

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

‘‘(18) Certain land in the Jefferson National 

Forest comprising approximately 2,219 acres, 

as generally depicted on the map entitled 

‘Shawvers Run Additions’ and dated April 28, 

2008, which is incorporated in the Shawvers 

Run Wilderness designated by paragraph (4). 

‘‘(19) Certain land in the Jefferson National 

Forest comprising approximately 1,203 acres, 

as generally depicted on the map entitled 

‘Peters Mountain Addition’ and dated April 

28, 2008, which is incorporated in the Peters 

Mountain Wilderness designated by section 

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

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

‘‘(20) Certain land in the Jefferson National 

Forest comprising approximately 263 acres, 

as generally depicted on the map entitled 

‘Kimberling Creek Additions and Potential 

Wilderness Area’ and dated April 28, 2008, 

which is incorporated in the Kimberling 

Creek Wilderness designated by section 2(2) 

of the Virginia Wilderness Act of 1984 (16 

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

(b) DESIGNATION OF WILDERNESS STUDY

AREA.—The Virginia Wilderness Act of 1984 

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

amended— 

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

after ‘‘cited’’; and 

(2) in section 6(a)— 

(A) by striking ‘‘certain’’ each place it appears and inserting ‘‘Certain’’; 

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

striking the semicolon at the end and inserting a period; 

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

and inserting a period; and 

(D) by adding at the end the following: 

‘‘(5) Certain land in the Jefferson National 

Forest comprising approximately 3,226 acres, 

as generally depicted on the map entitled 

‘Lynn Camp Creek Wilderness Study Area’ 

and dated April 28, 2008, which shall be 

known as the ‘Lynn Camp Creek Wilderness 

Study Area’.’’. 

SEC. 1103. DESIGNATION OF KIMBERLING CREEK 

POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA. 

(a) DESIGNATION.—In furtherance of the 

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

et seq.), certain land in the Jefferson National Forest comprising approximately 349 

acres, as generally depicted on the map entitled ‘‘Kimberling Creek Additions and Potential Wilderness Area’’ and dated April 28, 

2008, is designated as a potential wilderness 

area for incorporation in the Kimberling 

Creek Wilderness designated by section 2(2) 

of the Virginia Wilderness Act of 1984 (16 

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

(b) MANAGEMENT.—Except as provided in 

subsection (c) and subject to valid existing 

rights, the Secretary shall manage the potential wilderness area in accordance with 

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

(c) ECOLOGICAL RESTORATION.— 

(1) IN GENERAL.—For purposes of ecological 

restoration (including the elimination of 

nonnative species, removal of illegal, unused, or decommissioned roads, and any 

other activity necessary to restore the natural ecosystems in the potential wilderness 

area), the Secretary may use motorized 

equipment and mechanized transport in the 

potential wilderness area until the date on 

which the potential wilderness area is incorporated into the Kimberling Creek Wilderness. 

(2) LIMITATION.—To the maximum extent 

practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration 

with the least amount of adverse impact on 

wilderness character and resources. 

(d) WILDERNESS DESIGNATION.—The potential wilderness area shall be designated as 

wilderness and incorporated in the 

Kimberling Creek Wilderness on the earlier 

of— 

(1) the date on which the Secretary publishes in the Federal Register notice that the 


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conditions in the potential wilderness area 

that are incompatible with the Wilderness 

Act (16 U.S.C. 1131 et seq.) have been removed; or 

(2) the date that is 5 years after the date of 

enactment of this Act. 

SEC. 1104. SENG MOUNTAIN AND BEAR CREEK 

SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. 

(a) ESTABLISHMENT.—There are designated 

as National Scenic Areas— 

(1) certain National Forest System land in 

the Jefferson National Forest, comprising 

approximately 5,192 acres, as generally depicted on the map entitled ‘‘Seng Mountain 

and Raccoon Branch’’ and dated April 28, 

2008, which shall be known as the ‘‘Seng 

Mountain National Scenic Area’’; and 

(2) certain National Forest System land in 

the Jefferson National Forest, comprising 

approximately 5,128 acres, as generally depicted on the map entitled ‘‘Bear Creek’’ and 

dated April 28, 2008, which shall be known as 

the ‘‘Bear Creek National Scenic Area’’. 

(b) PURPOSES.—The purposes of the scenic 

areas are— 

(1) to ensure the protection and preservation of scenic quality, water quality, natural 

characteristics, and water resources of the 

scenic areas; 

(2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic 

areas; 

(3) to protect areas in the scenic areas that 

may develop characteristics of old-growth 

forests; and 

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

(3), to provide a variety of recreation opportunities in the scenic areas. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the scenic areas in accordance 

with— 

(A) this subtitle; and 

(B) the laws (including regulations) generally applicable to the National Forest System. 

(2) AUTHORIZED USES.—The Secretary shall 

only allow uses of the scenic areas that the 

Secretary determines will further the purposes of the scenic areas, as described in subsection (b). 

(d) MANAGEMENT PLAN.— 

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

after the date of enactment of this Act, the 

Secretary shall develop as an amendment to 

the land and resource management plan for 

the Jefferson National Forest a management 

plan for the scenic areas. 

(2) EFFECT.—Nothing in this subsection requires the Secretary to revise the land and 

resource management plan for the Jefferson 

National Forest under section 6 of the Forest 

and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). 

(e) ROADS.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), after the date of enactment of 

this Act, no roads shall be established or 

constructed within the scenic areas. 

(2) LIMITATION.—Nothing in this subsection 

denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land. 

(f) TIMBER HARVEST.— 

(1) IN GENERAL.—Except as provided in 

paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas. 

(2) EXCEPTIONS.—The Secretary may authorize harvesting of timber in the scenic 

areas if the Secretary determines that the 

harvesting is necessary to— 

(A) control fire; 

(B) provide for public safety or trail access; 

or 

(C) control insect and disease outbreaks. 

(3) FIREWOOD FOR PERSONAL USE.—Firewood 

may be harvested for personal use along perimeter roads in the scenic areas, subject to 

any conditions that the Secretary may impose. 

(g) INSECT AND DISEASE OUTBREAKS.—The 

Secretary may control insect and disease 

outbreaks— 

(1) to maintain scenic quality; 

(2) to prevent tree mortality; 

(3) to reduce hazards to visitors; or 

(4) to protect private land. 

(h) VEGETATION MANAGEMENT.—The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings 

in existence on the date of enactment of this 

Act. 

(i) MOTORIZED VEHICLES.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), motorized vehicles shall not 

be allowed within the scenic areas. 

(2) EXCEPTIONS.—The Secretary may authorize the use of motorized vehicles— 

(A) to carry out administrative activities 

that further the purposes of the scenic areas, 

as described in subsection (b); 

(B) to assist wildlife management projects 

in existence on the date of enactment of this 

Act; and 

(C) during deer and bear hunting seasons— 

(i) on Forest Development Roads 49410 and 

84b; and 

(ii) on the portion of Forest Development 

Road 6261 designated on the map described in 

subsection (a)(2) as ‘‘open seasonally’’. 

(j) WILDFIRE SUPPRESSION.—Wildfire suppression within the scenic areas shall be conducted— 

(1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and 

(2) using such means as the Secretary determines to be appropriate. 

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

(l) WITHDRAWAL.—Subject to valid existing 

rights, all Federal land in the scenic areas is 

withdrawn from— 

(1) location, entry, and patent under the 

mining laws; and 

(2) operation of the mineral leasing and 

geothermal leasing laws. 

SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 

(a) TRAIL PLAN.—The Secretary, in consultation with interested parties, shall establish a trail plan to develop— 

(1) in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), hiking and 

equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 

note) (as added by section 1102(a)(5)); and 

(2) nonmotorized recreation trails in the 

scenic areas. 

(b) IMPLEMENTATION REPORT.—Not later 

than 2 years after the date of enactment of 

this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan, including the identification of priority trails for development. 

(c) SUSTAINABLE TRAIL REQUIRED.—The 

Secretary shall develop a sustainable trail, 

using a contour curvilinear alignment, to 

provide for nonmotorized travel along the 

southern boundary of the Raccoon Branch 

Wilderness established by section 1(11) of 

Public Law 100–326 (16 U.S.C. 1132 note) (as 

added by section 1102(a)(5)) connecting to 

Forest Development Road 49352 in Smyth 

County, Virginia. 

SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 

(a) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file with the Committee on 

Energy and Natural Resources of the Senate 

and the Committee on Natural Resources 

and the Committee on Agriculture of the 

House of Representatives maps and boundary 

descriptions of— 

(1) the scenic areas; 

(2) the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public 

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

section 1102(a)(5)); 

(3) the wilderness study area designated by 

section 6(a)(5) of the Virginia Wilderness Act 

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

586) (as added by section 1102(b)(2)(D)); and 

(4) the potential wilderness area designated 

by section 1103(a). 

(b) FORCE AND EFFECT.—The maps and 

boundary descriptions filed under subsection 

(a) shall have the same force and effect as if 

included in this subtitle, except that the 

Secretary may correct any minor errors in 

the maps and boundary descriptions. 

(c) AVAILABILITY OF MAP AND BOUNDARY

DESCRIPTION.—The maps and boundary descriptions filed under subsection (a) shall be 

on file and available for public inspection in 

the Office of the Chief of the Forest Service. 

(d) CONFLICT.—In the case of a conflict between a map filed under subsection (a) and 

the acreage of the applicable areas specified 

in this subtitle, the map shall control. 

SEC. 1107. EFFECTIVE DATE. 

Any reference in the Wilderness Act (16 

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

that Act shall be considered to be a reference 

to the date of enactment of this Act for purposes of administering— 

(1) the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public 

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

section 1102(a)(5)); and 

(2) the potential wilderness area designated 

by section 1103(a). 

Subtitle C—Mt. Hood Wilderness, Oregon 

SEC. 1201. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of Agriculture. 

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

State of Oregon. 

SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 

(a) DESIGNATION OF LEWIS AND CLARK

MOUNT HOOD WILDERNESS AREAS.—In accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), the following areas in the State of 

Oregon are designated as wilderness areas 

and as components of the National Wilderness Preservation System: 

(1) BADGER CREEK WILDERNESS ADDITIONS.— 

Certain Federal land managed by the Forest 

Service, comprising approximately 4,140 

acres, as generally depicted on the maps entitled ‘‘Badger Creek Wilderness—Badger 

Creek Additions’’ and ‘‘Badger Creek Wilderness—Bonney Butte’’, dated July 16, 2007, 

which is incorporated in, and considered to 

be a part of, the Badger Creek Wilderness, as 

designated by section 3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 

Stat. 273). 

(2) BULL OF THE WOODS WILDERNESS ADDITION.—Certain Federal land managed by the 

Forest Service, comprising approximately 

10,180 acres, as generally depicted on the map 

entitled ‘‘Bull of the Woods Wilderness—Bull 

of the Woods Additions’’, dated July 16, 2007, 

which is incorporated in, and considered to 

be a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 

note; 98 Stat. 273). 

(3) CLACKAMAS WILDERNESS.—Certain Federal land managed by the Forest Service, 

comprising approximately 9,470 acres, as generally depicted on the maps entitled 

‘‘Clackamas Wilderness—Big Bottom’’, 

‘‘Clackamas Wilderness—Clackamas Canyon’’, ‘‘Clackamas Wilderness—Memaloose 

Lake’’, ‘‘Clackamas Wilderness—Sisi Butte’’, 

and ‘‘Clackamas Wilderness—South Fork 


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Clackamas’’, dated July 16, 2007, which shall 

be known as the ‘‘Clackamas Wilderness’’. 

(4) MARK O. HATFIELD WILDERNESS ADDITIONS.—Certain Federal land managed by the 

Forest Service, comprising approximately 

25,960 acres, as generally depicted on the 

maps entitled ‘‘Mark O. Hatfield Wilderness—Gorge Face’’ and ‘‘Mark O. Hatfield 

Wilderness—Larch Mountain’’, dated July 16, 

2007, which is incorporated in, and considered 

to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 

note; 98 Stat. 273). 

(5) MOUNT HOOD WILDERNESS ADDITIONS.— 

Certain Federal land managed by the Forest 

Service, comprising approximately 18,450 

acres, as generally depicted on the maps entitled ‘‘Mount Hood Wilderness—Barlow 

Butte’’, ‘‘Mount Hood Wilderness—Elk Cove/ 

Mazama’’, ‘‘Richard L. Kohnstamm Memorial Area’’, ‘‘Mount Hood Wilderness—Sand 

Canyon’’, ‘‘Mount Hood Wilderness—Sandy 

Additions’’, ‘‘Mount Hood Wilderness—Twin 

Lakes’’, and ‘‘Mount Hood Wilderness— 

White River’’, dated July 16, 2007, and the 

map entitled ‘‘Mount Hood Wilderness— 

Cloud Cap’’, dated July 20, 2007, which is incorporated in, and considered to be a part of, 

the Mount Hood Wilderness, as designated 

under section 3(a) of the Wilderness Act (16 

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

the Endangered American Wilderness Act of 

1978 (16 U.S.C. 1132 note; 92 Stat. 43). 

(6) ROARING RIVER WILDERNESS.—Certain 

Federal land managed by the Forest Service, 

comprising approximately 36,550 acres, as 

generally depicted on the map entitled 

‘‘Roaring River Wilderness—Roaring River 

Wilderness’’, dated July 16, 2007, which shall 

be known as the ‘‘Roaring River Wilderness’’. 

(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS.—Certain Federal land managed by the 

Forest Service, comprising approximately 

16,620 acres, as generally depicted on the 

maps entitled ‘‘Salmon-Huckleberry Wilderness—Alder Creek Addition’’, ‘‘SalmonHuckleberry Wilderness—Eagle Creek Addition’’, ‘‘Salmon-Huckleberry Wilderness— 

Hunchback Mountain’’, ‘‘SalmonHuckleberry Wilderness—Inch Creek’’, 

‘‘Salmon-Huckleberry Wilderness—Mirror 

Lake’’, and ‘‘Salmon-Huckleberry Wilderness—Salmon River Meadows’’, dated July 

16, 2007, which is incorporated in, and considered to be a part of, the Salmon-Huckleberry 

Wilderness, as designated by section 3(2) of 

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

1132 note; 98 Stat. 273). 

(8) LOWER WHITE RIVER WILDERNESS.—Certain Federal land managed by the Forest 

Service and Bureau of Land Management, 

comprising approximately 2,870 acres, as generally depicted on the map entitled ‘‘Lower 

White River Wilderness—Lower White 

River’’, dated July 16, 2007, which shall be 

known as the ‘‘Lower White River Wilderness’’. 

(b) RICHARD L. KOHNSTAMM MEMORIAL

AREA.—Certain Federal land managed by the 

Forest Service, as generally depicted on the 

map entitled ‘‘Richard L. Kohnstamm Memorial Area’’, dated July 16, 2007, is designated as the ‘‘Richard L. Kohnstamm Memorial Area’’. 

(c) POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS AREAS.— 

(1) ROARING RIVER POTENTIAL WILDERNESS

AREA.— 

(A) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et 

seq.), certain Federal land managed by the 

Forest Service, comprising approximately 

900 acres identified as ‘‘Potential Wilderness’’ on the map entitled ‘‘Roaring River 

Wilderness’’, dated July 16, 2007, is designated as a potential wilderness area. 

(B) MANAGEMENT.—The potential wilderness area designated by subparagraph (A) 

shall be managed in accordance with section 

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

(C) DESIGNATION AS WILDERNESS.—On the 

date on which the Secretary publishes in the 

Federal Register notice that the conditions 

in the potential wilderness area designated 

by subparagraph (A) are compatible with the 

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

potential wilderness shall be— 

(i) designated as wilderness and as a component of the National Wilderness Preservation System; and 

(ii) incorporated into the Roaring River 

Wilderness designated by subsection (a)(6). 

(2) ADDITION TO THE MOUNT HOOD WILDERNESS.—On completion of the land exchange 

under section 1206(a)(2), certain Federal land 

managed by the Forest Service, comprising 

approximately 1,710 acres, as generally depicted on the map entitled ‘‘Mount Hood Wilderness—Tilly Jane’’, dated July 20, 2007, 

shall be incorporated in, and considered to be 

a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness 

Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 

Stat. 43) and subsection (a)(5). 

(3) ADDITION TO THE SALMON-HUCKLEBERRY

WILDERNESS.—On acquisition by the United 

States, the approximately 160 acres of land 

identified as ‘‘Land to be acquired by USFS’’ 

on the map entitled ‘‘Hunchback Mountain 

Land Exchange, Clackamas County’’, dated 

June 2006, shall be incorporated in, and considered to be a part of, the SalmonHuckleberry Wilderness, as designated by 

section 3(2) of the Oregon Wilderness Act of 

1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by subsection (a)(7). 

(d) MAPS AND LEGAL DESCRIPTIONS.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The maps and legal descriptions filed under paragraph (1) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct typographical errors in the 

maps and legal descriptions. 

(3) PUBLIC AVAILABILITY.—Each map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Forest Service and Bureau of Land Management. 

(4) DESCRIPTION OF LAND.—The boundaries 

of the areas designated as wilderness by subsection (a) that are immediately adjacent to 

a utility right-of-way or a Federal Energy 

Regulatory Commission project boundary 

shall be 100 feet from the boundary of the 

right-of-way or the project boundary. 

(e) ADMINISTRATION.— 

(1) IN GENERAL.—Subject to valid existing 

rights, each area designated as wilderness by 

this section shall be administered by the 

Secretary that has jurisdiction over the land 

within the wilderness, in accordance with 

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

except that— 

(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; 

and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to 

be a reference to the Secretary that has jurisdiction over the land within the wilderness. 

(2) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land within the boundary of 

a wilderness area designated by this section 

that is acquired by the United States shall— 

(A) become part of the wilderness area in 

which the land is located; and 

(B) be managed in accordance with this 

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

seq.), and any other applicable law. 

(f) BUFFER ZONES.— 

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

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

Public Law 98–328), Congress does not intend 

for designation of wilderness areas in the 

State under this section to lead to the creation of protective perimeters or buffer zones 

around each wilderness area. 

(2) ACTIVITIES OR USES UP TO BOUNDARIES.— 

The fact that nonwilderness activities or 

uses can be seen or heard from within a wilderness area shall not, of itself, preclude the 

activities or uses up to the boundary of the 

wilderness area. 

(g) FISH AND WILDLIFE.—Nothing in this 

section affects the jurisdiction or responsibilities of the State with respect to fish 

and wildlife. 

(h) FIRE, INSECTS, AND DISEASES.—As provided in section 4(d)(1) of the Wilderness Act 

(16 U.S.C. 1133(d)(1)), within the wilderness 

areas designated by this section, the Secretary that has jurisdiction over the land 

within the wilderness (referred to in this 

subsection as the ‘‘Secretary’’) may take 

such measures as are necessary to control 

fire, insects, and diseases, subject to such 

terms and conditions as the Secretary determines to be desirable and appropriate. 

(i) WITHDRAWAL.—Subject to valid rights in 

existence on the date of enactment of this 

Act, the Federal land designated as wilderness by this section is withdrawn from all 

forms of— 

(1) entry, appropriation, or disposal under 

the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) disposition under all laws pertaining to 

mineral and geothermal leasing or mineral 

materials. 

SEC. 1203. DESIGNATION OF STREAMS FOR WILD 

AND SCENIC RIVER PROTECTION IN 

THE MOUNT HOOD AREA. 

(a) WILD AND SCENIC RIVER DESIGNATIONS, 

MOUNT HOOD NATIONAL FOREST.— 

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

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

amended by adding at the end the following: 

‘‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON.—The 4.2-mile segment of the South 

Fork Clackamas River from its confluence 

with the East Fork of the South Fork 

Clackamas to its confluence with the 

Clackamas River, to be administered by the 

Secretary of Agriculture as a wild river. 

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

segment of Eagle Creek from its headwaters 

to the Mount Hood National Forest boundary, to be administered by the Secretary of 

Agriculture as a wild river. 

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

mile segment of the Middle Fork Hood River 

from the confluence of Clear and Coe 

Branches to the north section line of section 

11, township 1 south, range 9 east, to be administered by the Secretary of Agriculture 

as a scenic river. 

‘‘(174) SOUTH FORK ROARING RIVER, OREGON.—The 4.6-mile segment of the South 

Fork Roaring River from its headwaters to 

its confluence with Roaring River, to be administered by the Secretary of Agriculture 

as a wild river. 


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

segment of the Zig Zag River from its headwaters to the Mount Hood Wilderness boundary, to be administered by the Secretary of 

Agriculture as a wild river. 

‘‘(176) FIFTEENMILE CREEK, OREGON.— 

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

Fifteenmile Creek from its source at Senecal 

Spring to the southern edge of the northwest 

quarter of the northwest quarter of section 

20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture 

in the following classes: 

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

at Senecal Spring to the Badger Creek Wilderness boundary, as a wild river. 

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

Creek Wilderness boundary to the point 0.4 

miles downstream, as a scenic river. 

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

0.4 miles downstream of the Badger Creek 

Wilderness boundary to the western edge of 

section 20, township 2 south, range 12 east as 

a wild river. 

‘‘(iv) The 0.2-mile segment from the western edge of section 20, township 2 south, 

range 12 east, to the southern edge of the 

northwest quarter of the northwest quarter 

of section 20, township 2 south, range 12 east 

as a scenic river. 

‘‘(B) INCLUSIONS.—Notwithstanding section 

3(b), the lateral boundaries of both the wild 

river area and the scenic river area along 

Fifteenmile Creek shall include an average 

of not more than 640 acres per mile measured 

from the ordinary high water mark on both 

sides of the river. 

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

13.5-mile segment of the East Fork Hood 

River from Oregon State Highway 35 to the 

Mount Hood National Forest boundary, to be 

administered by the Secretary of Agriculture 

as a recreational river. 

‘‘(178) COLLAWASH RIVER, OREGON.—The 

17.8-mile segment of the Collawash River 

from the headwaters of the East Fork 

Collawash to the confluence of the mainstream of the Collawash River with the 

Clackamas River, to be administered by the 

Secretary of Agriculture in the following 

classes: 

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

Buckeye Creek, as a scenic river. 

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

Creek to the Clackamas River, as a recreational river. 

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

segment of Fish Creek from its headwaters 

to the confluence with the Clackamas River, 

to be administered by the Secretary of Agriculture as a recreational river.’’. 

(2) EFFECT.—The amendments made by 

paragraph (1) do not affect valid existing 

water rights. 

(b) PROTECTION FOR HOOD RIVER, OREGON.— 

Section 13(a)(4) of the ‘‘Columbia River 

Gorge National Scenic Area Act’’ (16 U.S.C. 

544k(a)(4)) is amended by striking ‘‘for a period not to exceed twenty years from the 

date of enactment of this Act,’’. 

SEC. 1204. MOUNT HOOD NATIONAL RECREATION 

AREA. 

(a) DESIGNATION.—To provide for the protection, preservation, and enhancement of 

recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is 

established the Mount Hood National Recreation Area within the Mount Hood National 

Forest. 

(b) BOUNDARY.—The Mount Hood National 

Recreation Area shall consist of certain Federal land managed by the Forest Service and 

Bureau of Land Management, comprising approximately 34,550 acres, as generally depicted on the maps entitled ‘‘National Recreation Areas—Mount Hood NRA’’, ‘‘National 

Recreation Areas—Fifteenmile Creek NRA’’, 

and ‘‘National Recreation Areas—Shellrock 

Mountain’’, dated February 2007. 

(c) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF LEGAL DESCRIPTION.—As 

soon as practicable after the date of enactment of this Act, the Secretary shall file a 

map and a legal description of the Mount 

Hood National Recreation Area with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct typographical errors in the map and 

the legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Forest Service. 

(d) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall— 

(A) administer the Mount Hood National 

Recreation Area— 

(i) in accordance with the laws (including 

regulations) and rules applicable to the National Forest System; and 

(ii) consistent with the purposes described 

in subsection (a); and 

(B) only allow uses of the Mount Hood National Recreation Area that are consistent 

with the purposes described in subsection (a). 

(2) APPLICABLE LAW.—Any portion of a wilderness area designated by section 1202 that 

is located within the Mount Hood National 

Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.). 

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

of timber within the Mount Hood National 

Recreation Area may be permitted— 

(1) to the extent necessary to improve the 

health of the forest in a manner that— 

(A) maximizes the retention of large 

trees— 

(i) as appropriate to the forest type; and 

(ii) to the extent that the trees promote 

stands that are fire-resilient and healthy; 

(B) improves the habitats of threatened, 

endangered, or sensitive species; or 

(C) maintains or restores the composition 

and structure of the ecosystem by reducing 

the risk of uncharacteristic wildfire; 

(2) to accomplish an approved management 

activity in furtherance of the purposes established by this section, if the cutting, sale, or 

removal of timber is incidental to the management activity; or 

(3) for de minimus personal or administrative use within the Mount Hood National 

Recreation Area, where such use will not impair the purposes established by this section. 

(f) ROAD CONSTRUCTION.—No new or temporary roads shall be constructed or reconstructed within the Mount Hood National 

Recreation Area except as necessary— 

(1) to protect the health and safety of individuals in cases of an imminent threat of 

flood, fire, or any other catastrophic event 

that, without intervention, would cause the 

loss of life or property; 

(2) to conduct environmental cleanup required by the United States; 

(3) to allow for the exercise of reserved or 

outstanding rights provided for by a statute 

or treaty; 

(4) to prevent irreparable resource damage 

by an existing road; or 

(5) to rectify a hazardous road condition. 

(g) WITHDRAWAL.—Subject to valid existing 

rights, all Federal land within the Mount 

Hood National Recreation Area is withdrawn 

from— 

(1) all forms of entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) disposition under all laws relating to 

mineral and geothermal leasing. 

(h) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

(1) IN GENERAL.—Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of 

Land Management to the Forest Service. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 130 acres of land administered by the 

Bureau of Land Management that is within 

or adjacent to the Mount Hood National 

Recreation Area and that is identified as 

‘‘BLM Lands’’ on the map entitled ‘‘National 

Recreation Areas—Shellrock Mountain’’, 

dated February 2007. 

SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, 

UPPER BIG BOTTOM, AND CULTUS 

CREEK. 

(a) CRYSTAL SPRINGS WATERSHED SPECIAL

RESOURCES MANAGEMENT UNIT.— 

(1) ESTABLISHMENT.— 

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

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

be established a special resources management unit in the State consisting of certain 

Federal land managed by the Forest Service, 

as generally depicted on the map entitled 

‘‘Crystal Springs Watershed Special Resources Management Unit’’, dated June 2006 

(referred to in this subsection as the ‘‘map’’), 

to be known as the ‘‘Crystal Springs Watershed Special Resources Management Unit’’ 

(referred to in this subsection as the ‘‘Management Unit’’). 

(B) EXCLUSION OF CERTAIN LAND.—The Management Unit does not include any National 

Forest System land otherwise covered by 

subparagraph (A) that is designated as wilderness by section 1202. 

(C) WITHDRAWAL.— 

(i) IN GENERAL.—Subject to valid rights in 

existence on the date of enactment of this 

Act, the Federal land designated as the Management Unit is withdrawn from all forms 

of— 

(I) entry, appropriation, or disposal under 

the public land laws; 

(II) location, entry, and patent under the 

mining laws; and 

(III) disposition under all laws pertaining 

to mineral and geothermal leasing or mineral materials. 

(ii) EXCEPTION.—Clause (i)(I) does not apply 

to the parcel of land generally depicted as 

‘‘HES 151’’ on the map. 

(2) PURPOSES.—The purposes of the Management Unit are— 

(A) to ensure the protection of the quality 

and quantity of the Crystal Springs watershed as a clean drinking water source for the 

residents of Hood River County, Oregon; and 

(B) to allow visitors to enjoy the special 

scenic, natural, cultural, and wildlife values 

of the Crystal Springs watershed. 

(3) MAP AND LEGAL DESCRIPTION.— 

(A) SUBMISSION OF LEGAL DESCRIPTION.—As 

soon as practicable after the date of enactment of this Act, the Secretary shall file a 

map and a legal description of the Management Unit with— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(B) FORCE OF LAW.—The map and legal description filed under subparagraph (A) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct typographical errors in the map 

and legal description. 

(C) PUBLIC AVAILABILITY.—The map and 

legal description filed under subparagraph 

(A) shall be on file and available for public 


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inspection in the appropriate offices of the 

Forest Service. 

(4) ADMINISTRATION.— 

(A) IN GENERAL.—The Secretary shall— 

(i) administer the Management Unit— 

(I) in accordance with the laws (including 

regulations) and rules applicable to units of 

the National Forest System; and 

(II) consistent with the purposes described 

in paragraph (2); and 

(ii) only allow uses of the Management 

Unit that are consistent with the purposes 

described in paragraph (2). 

(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS AND PRIMARY PUBLIC ROADS.—To 

protect the water quality, water quantity, 

and scenic, cultural, natural, and wildlife 

values of the Management Unit, the Secretary may conduct fuel reduction and forest 

health management treatments to maintain 

and restore fire-resilient forest structures 

containing late successional forest structure 

characterized by large trees and multistoried 

canopies, as ecologically appropriate, on National Forest System land in the Management Unit— 

(i) in any area located not more than 400 

feet from structures located on— 

(I) National Forest System land; or 

(II) private land adjacent to National Forest System land; 

(ii) in any area located not more than 400 

feet from the Cooper Spur Road, the Cloud 

Cap Road, or the Cooper Spur Ski Area Loop 

Road; and 

(iii) on any other National Forest System 

land in the Management Unit, with priority 

given to activities that restore previously 

harvested stands, including the removal of 

logging slash, smaller diameter material, 

and ladder fuels. 

(5) PROHIBITED ACTIVITIES.—Subject to 

valid existing rights, the following activities 

shall be prohibited on National Forest System land in the Management Unit: 

(A) New road construction or renovation of 

existing non-System roads, except as necessary to protect public health and safety. 

(B) Projects undertaken for the purpose of 

harvesting commercial timber (other than 

activities relating to the harvest of merchantable products that are byproducts of 

activities conducted to further the purposes 

described in paragraph (2)). 

(C) Commercial livestock grazing. 

(D) The placement of new fuel storage 

tanks. 

(E) Except to the extent necessary to further the purposes described in paragraph (2), 

the application of any toxic chemicals (other 

than fire retardants), including pesticides, 

rodenticides, or herbicides. 

(6) FOREST ROAD CLOSURES.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), the Secretary may provide 

for the closure or gating to the general public of any Forest Service road within the 

Management Unit. 

(B) EXCEPTION.—Nothing in this subsection 

requires the Secretary to close the road commonly known as ‘‘Cloud Cap Road’’, which 

shall be administered in accordance with 

otherwise applicable law. 

(7) PRIVATE LAND.— 

(A) EFFECT.—Nothing in this subsection affects the use of, or access to, any private 

property within the area identified on the 

map as the ‘‘Crystal Springs Zone of Contribution’’ by— 

(i) the owners of the private property; and 

(ii) guests to the private property. 

(B) COOPERATION.—The Secretary is encouraged to work with private landowners 

who have agreed to cooperate with the Secretary to further the purposes of this subsection. 

(8) ACQUISITION OF LAND.— 

(A) IN GENERAL.—The Secretary may acquire from willing landowners any land located within the area identified on the map 

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

(B) INCLUSION IN MANAGEMENT UNIT.—On 

the date of acquisition, any land acquired 

under subparagraph (A) shall be incorporated 

in, and be managed as part of, the Management Unit. 

(b) PROTECTIONS FOR UPPER BIG BOTTOM

AND CULTUS CREEK.— 

(1) IN GENERAL.—The Secretary shall manage the Federal land administered by the 

Forest Service described in paragraph (2) in 

a manner that preserves the natural and 

primitive character of the land for recreational, scenic, and scientific use. 

(2) DESCRIPTION OF LAND.—The Federal 

land referred to in paragraph (1) is— 

(A) the approximately 1,580 acres, as generally depicted on the map entitled ‘‘Upper 

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

(B) the approximately 280 acres identified 

as ‘‘Cultus Creek’’ on the map entitled 

‘‘Clackamas Wilderness—South Fork 

Clackamas’’, dated July 16, 2007. 

(3) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file maps and legal descriptions of the Federal land described in paragraph (2) with— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(B) FORCE OF LAW.—The maps and legal descriptions filed under subparagraph (A) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct typographical errors in the 

maps and legal descriptions. 

(C) PUBLIC AVAILABILITY.—Each map and 

legal description filed under subparagraph 

(A) shall be on file and available for public 

inspection in the appropriate offices of the 

Forest Service. 

(4) USE OF LAND.— 

(A) IN GENERAL.—Subject to valid existing 

rights, with respect to the Federal land described in paragraph (2), the Secretary shall 

only allow uses that are consistent with the 

purposes identified in paragraph (1). 

(B) PROHIBITED USES.—The following shall 

be prohibited on the Federal land described 

in paragraph (2): 

(i) Permanent roads. 

(ii) Commercial enterprises. 

(iii) Except as necessary to meet the minimum requirements for the administration 

of the Federal land and to protect public 

health and safety— 

(I) the use of motor vehicles; or 

(II) the establishment of temporary roads. 

(5) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land described in paragraph (2) is withdrawn from— 

(A) all forms of entry, appropriation, or 

disposal under the public land laws; 

(B) location, entry, and patent under the 

mining laws; and 

(C) disposition under all laws relating to 

mineral and geothermal leasing. 

SEC. 1206. LAND EXCHANGES. 

(a) COOPER SPUR-GOVERNMENT CAMP LAND

EXCHANGE.— 

(1) DEFINITIONS.—In this subsection: 

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

Hood River County, Oregon. 

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

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

Government Camp Land Exchange’’, dated 

June 2006. 

(C) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the approximately 120 acres of 

National Forest System land in the Mount 

Hood National Forest in Government Camp, 

Clackamas County, Oregon, identified as 

‘‘USFS Land to be Conveyed’’ on the exchange map. 

(D) MT. HOOD MEADOWS.—The term ‘‘Mt. 

Hood Meadows’’ means the Mt. Hood Meadows Oregon, Limited Partnership. 

(E) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means— 

(i) the parcel of approximately 770 acres of 

private land at Cooper Spur identified as 

‘‘Land to be acquired by USFS’’ on the exchange map; and 

(ii) any buildings, furniture, fixtures, and 

equipment at the Inn at Cooper Spur and the 

Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D). 

(2) COOPER SPUR-GOVERNMENT CAMP LAND

EXCHANGE.— 

(A) CONVEYANCE OF LAND.—Subject to the 

provisions of this subsection, if Mt. Hood 

Meadows offers to convey to the United 

States all right, title, and interest of Mt. 

Hood Meadows in and to the non-Federal 

land, the Secretary shall convey to Mt. Hood 

Meadows all right, title, and interest of the 

United States in and to the Federal land 

(other than any easements reserved under 

subparagraph (G)), subject to valid existing 

rights. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry out the 

land exchange under this subsection in accordance with section 206 of the Federal 

Land Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(C) CONDITIONS ON ACCEPTANCE.— 

(i) TITLE.—As a condition of the land exchange under this subsection, title to the 

non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary. 

(ii) TERMS AND CONDITIONS.—The conveyance of the Federal land and non-Federal 

land shall be subject to such terms and conditions as the Secretary may require. 

(D) APPRAISALS.— 

(i) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary and Mt. Hood Meadows shall select 

an appraiser to conduct an appraisal of the 

Federal land and non-Federal land. 

(ii) REQUIREMENTS.—An appraisal under 

clause (i) shall be conducted in accordance 

with nationally recognized appraisal standards, including— 

(I) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(E) SURVEYS.— 

(i) IN GENERAL.—The exact acreage and 

legal description of the Federal land and 

non-Federal land shall be determined by surveys approved by the Secretary. 

(ii) COSTS.—The responsibility for the costs 

of any surveys conducted under clause (i), 

and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows. 

(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that 

the land exchange under this subsection 

shall be completed not later than 16 months 

after the date of enactment of this Act. 

(G) RESERVATION OF EASEMENTS.—As a condition of the conveyance of the Federal land, 

the Secretary shall reserve— 

(i) a conservation easement to the Federal 

land to protect existing wetland, as identified by the Oregon Department of State 

Lands, that allows equivalent wetland mitigation measures to compensate for minor 

wetland encroachments necessary for the orderly development of the Federal land; and 


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(ii) a trail easement to the Federal land 

that allows— 

(I) nonmotorized use by the public of existing trails; 

(II) roads, utilities, and infrastructure facilities to cross the trails; and 

(III) improvement or relocation of the 

trails to accommodate development of the 

Federal land. 

(b) PORT OF CASCADE LOCKS LAND EXCHANGE.— 

(1) DEFINITIONS.—In this subsection: 

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

map’’ means the map entitled ‘‘Port of Cascade Locks/Pacific Crest National Scenic 

Trail Land Exchange’’, dated June 2006. 

(B) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the parcel of land consisting of 

approximately 10 acres of National Forest 

System land in the Columbia River Gorge 

National Scenic Area identified as ‘‘USFS 

Land to be conveyed’’ on the exchange map. 

(C) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means the parcels of land consisting of approximately 40 acres identified 

as ‘‘Land to be acquired by USFS’’ on the exchange map. 

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

Port of Cascade Locks, Cascade Locks, Oregon. 

(2) LAND EXCHANGE, PORT OF CASCADE

LOCKS-PACIFIC CREST NATIONAL SCENIC

TRAIL.— 

(A) CONVEYANCE OF LAND.—Subject to the 

provisions of this subsection, if the Port offers to convey to the United States all right, 

title, and interest of the Port in and to the 

non-Federal land, the Secretary shall, subject to valid existing rights, convey to the 

Port all right, title, and interest of the 

United States in and to the Federal land. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry out the 

land exchange under this subsection in accordance with section 206 of the Federal 

Land Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(3) CONDITIONS ON ACCEPTANCE.— 

(A) TITLE.—As a condition of the land exchange under this subsection, title to the 

non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary. 

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

land shall be subject to such terms and conditions as the Secretary may require. 

(4) APPRAISALS.— 

(A) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall select an appraiser to conduct an appraisal of the Federal land and 

non-Federal land. 

(B) REQUIREMENTS.—An appraisal under 

subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including— 

(i) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(5) SURVEYS.— 

(A) IN GENERAL.—The exact acreage and 

legal description of the Federal land and 

non-Federal land shall be determined by surveys approved by the Secretary. 

(B) COSTS.—The responsibility for the costs 

of any surveys conducted under subparagraph (A), and any other administrative 

costs of carrying out the land exchange, 

shall be determined by the Secretary and the 

Port. 

(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that 

the land exchange under this subsection 

shall be completed not later than 16 months 

after the date of enactment of this Act. 

(c) HUNCHBACK MOUNTAIN LAND EXCHANGE

AND BOUNDARY ADJUSTMENT.— 

(1) DEFINITIONS.—In this subsection: 

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

Clackamas County, Oregon. 

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

map’’ means the map entitled ‘‘Hunchback 

Mountain Land Exchange, Clackamas County’’, dated June 2006. 

(C) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the parcel of land consisting of 

approximately 160 acres of National Forest 

System land in the Mount Hood National 

Forest identified as ‘‘USFS Land to be Conveyed’’ on the exchange map. 

(D) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means the parcel of land consisting of approximately 160 acres identified 

as ‘‘Land to be acquired by USFS’’ on the exchange map. 

(2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— 

(A) CONVEYANCE OF LAND.—Subject to the 

provisions of this paragraph, if the County 

offers to convey to the United States all 

right, title, and interest of the County in and 

to the non-Federal land, the Secretary shall, 

subject to valid existing rights, convey to 

the County all right, title, and interest of 

the United States in and to the Federal land. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this paragraph, 

the Secretary shall carry out the land exchange under this paragraph in accordance 

with section 206 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1716). 

(C) CONDITIONS ON ACCEPTANCE.— 

(i) TITLE.—As a condition of the land exchange under this paragraph, title to the 

non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary. 

(ii) TERMS AND CONDITIONS.—The conveyance of the Federal land and non-Federal 

land shall be subject to such terms and conditions as the Secretary may require. 

(D) APPRAISALS.— 

(i) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall select an appraiser to conduct an appraisal of the Federal land and 

non-Federal land. 

(ii) REQUIREMENTS.—An appraisal under 

clause (i) shall be conducted in accordance 

with nationally recognized appraisal standards, including— 

(I) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(E) SURVEYS.— 

(i) IN GENERAL.—The exact acreage and 

legal description of the Federal land and 

non-Federal land shall be determined by surveys approved by the Secretary. 

(ii) COSTS.—The responsibility for the costs 

of any surveys conducted under clause (i), 

and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County. 

(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that 

the land exchange under this paragraph shall 

be completed not later than 16 months after 

the date of enactment of this Act. 

(3) BOUNDARY ADJUSTMENT.— 

(A) IN GENERAL.—The boundary of the 

Mount Hood National Forest shall be adjusted to incorporate— 

(i) any land conveyed to the United States 

under paragraph (2); and 

(ii) the land transferred to the Forest Service by section 1204(h)(1). 

(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The Secretary shall administer the 

land described in subparagraph (A)— 

(i) in accordance with— 

(I) the Act of March 1, 1911 (commonly 

known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

seq.); and 

(II) any laws (including regulations) applicable to the National Forest System; and 

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

1204(d), as applicable. 

(C) LAND AND WATER CONSERVATION FUND.— 

For the purposes of section 7 of the Land and 

Water Conservation Fund Act of 1965 (16 

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

Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in 

existence as of January 1, 1965. 

(d) CONDITIONS ON DEVELOPMENT OF FEDERAL LAND.— 

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

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

the conveyances of Federal land under this 

section, the Secretary shall include in the 

deed of conveyance a requirement that applicable construction activities and alterations 

shall be conducted in accordance with— 

(i) nationally recognized building and property maintenance codes; and 

(ii) nationally recognized codes for development in the wildland-urban interface and 

wildfire hazard mitigation. 

(B) APPLICABLE LAW.—To the maximum extent practicable, the codes required under 

subparagraph (A) shall be consistent with 

the nationally recognized codes adopted or 

referenced by the State or political subdivisions of the State. 

(C) ENFORCEMENT.—The requirements 

under subparagraph (A) may be enforced by 

the same entities otherwise enforcing codes, 

ordinances, and standards. 

(2) COMPLIANCE WITH CODES ON FEDERAL

LAND.—The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in 

the Mount Hood National Forest are conducted in accordance with— 

(A) nationally recognized building and 

property maintenance codes; and 

(B) nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation. 

(3) EFFECT ON ENFORCEMENT BY STATES AND

POLITICAL SUBDIVISIONS.—Nothing in this 

subsection alters or limits the power of the 

State or a political subdivision of the State 

to implement or enforce any law (including 

regulations), rule, or standard relating to development or fire prevention and control. 

SEC. 1207. TRIBAL PROVISIONS; PLANNING AND 

STUDIES. 

(a) TRANSPORTATION PLAN.— 

(1) IN GENERAL.—The Secretary shall seek 

to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to 

achieve comprehensive solutions to transportation challenges in the Mount Hood region— 

(A) to promote appropriate economic development; 

(B) to preserve the landscape of the Mount 

Hood region; and 

(C) to enhance public safety. 

(2) ISSUES TO BE ADDRESSED.—In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address— 

(A) transportation alternatives between 

and among recreation areas and gateway 

communities that are located within the 

Mount Hood region; 

(B) establishing park-and-ride facilities 

that shall be located at gateway communities; 


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(C) establishing intermodal transportation 

centers to link public transportation, parking, and recreation destinations; 

(D) creating a new interchange on Oregon 

State Highway 26 located adjacent to or 

within Government Camp; 

(E) designating, maintaining, and improving alternative routes using Forest Service 

or State roads for— 

(i) providing emergency routes; or 

(ii) improving access to, and travel within, 

the Mount Hood region; 

(F) the feasibility of establishing— 

(i) a gondola connection that— 

(I) connects Timberline Lodge to Government Camp; and 

(II) is located in close proximity to the site 

of the historic gondola corridor; and 

(ii) an intermodal transportation center to 

be located in close proximity to Government 

Camp; 

(G) burying power lines located in, or adjacent to, the Mount Hood National Forest 

along Interstate 84 near the City of Cascade 

Locks, Oregon; and 

(H) creating mechanisms for funding the 

implementation of the transportation plan 

under paragraph (1), including— 

(i) funds provided by the Federal Government; 

(ii) public-private partnerships; 

(iii) incremental tax financing; and 

(iv) other financing tools that link transportation infrastructure improvements with 

development. 

(b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.— 

(1) IN GENERAL.—The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy 

(including recommendations for biomass utilization) for the Mount Hood National Forest 

being developed by the Forest Service. 

(2) SUBMISSION TO CONGRESS.— 

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

the date of enactment of this Act, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(B) IMPLEMENTATION SCHEDULE.—Not later 

than 1 year after the date on which the vegetation management strategy referred to in 

paragraph (1) is completed, the Secretary 

shall submit the implementation schedule 

to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(c) LOCAL AND TRIBAL RELATIONSHIPS.— 

(1) MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed 

by the Mount Hood National Forest and in a 

manner consistent with the memorandum of 

understanding entered into between the Department of Agriculture, the Bureau of Land 

Management, the Bureau of Indian Affairs, 

and the Confederated Tribes and Bands of 

the Warm Springs Reservation of Oregon, 

dated April 25, 2003, as modified, shall develop and implement a management plan 

that meets the cultural foods obligations of 

the United States under applicable treaties, 

including the Treaty with the Tribes and 

Bands of Middle Oregon of June 25, 1855 (12 

Stat. 963). 

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

to help implement, the gathering rights reserved by the treaty described in subparagraph (A). 

(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN TRIBES.— 

(A) TREATY RIGHTS.—Nothing in this subtitle alters, modifies, enlarges, diminishes, 

or abrogates the treaty rights of any Indian 

tribe, including the off-reservation reserved 

rights secured by the Treaty with the Tribes 

and Bands of Middle Oregon of June 25, 1855 

(12 Stat. 963). 

(B) TRIBAL LAND.—Nothing in this subtitle 

affects land held in trust by the Secretary of 

the Interior for Indian tribes or individual 

members of Indian tribes or other land acquired by the Army Corps of Engineers and 

administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes. 

(d) RECREATIONAL USES.— 

(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING GROUP.—The Secretary 

may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and 

implementing recreation enhancements in 

the Mount Hood National Forest. 

(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES.—In considering a Forest Service road in the Mount 

Hood National Forest for possible closure 

and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as 

an alternative to decommissioning the road, 

converting the road to recreational uses to 

enhance recreational opportunities in the 

Mount Hood National Forest. 

(3) IMPROVED TRAIL ACCESS FOR PERSONS

WITH DISABILITIES.—The Secretary, in consultation with the public, may design and 

construct a trail at a location selected by 

the Secretary in Mount Hood National Forest suitable for use by persons with disabilities. 

Subtitle D—Copper Salmon Wilderness, 

Oregon 

SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS. 

(a) DESIGNATION.—Section 3 of the Oregon 

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

Public Law 98–328) is amended— 

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

by striking ‘‘eight hundred fifty-nine thousand six hundred acres’’ and inserting 

‘‘873,300 acres’’; 

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

at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(30) certain land in the Siskiyou National 

Forest, comprising approximately 13,700 

acres, as generally depicted on the map entitled ‘Proposed Copper Salmon Wilderness 

Area’ and dated December 7, 2007, to be 

known as the ‘Copper Salmon Wilderness’.’’. 

(b) MAPS AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary of Agriculture (referred to in this 

subtitle as the ‘‘Secretary’’) shall file a map 

and a legal description of the Copper Salmon 

Wilderness with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct typographical errors in the map and 

legal description. 

(3) BOUNDARY.—If the boundary of the Copper Salmon Wilderness shares a border with 

a road, the Secretary may only establish an 

offset that is not more than 150 feet from the 

centerline of the road. 

(4) PUBLIC AVAILABILITY.—Each map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Forest Service. 

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

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended— 

(1) in the matter preceding subparagraph 

(A), by striking ‘‘19-mile segment’’ and inserting ‘‘29-mile segment’’; 

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

and inserting a period; and 

(3) by striking subparagraph (B) and inserting the following: 

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

of the North Fork Elk from its source in sec. 

21, T. 33 S., R. 12 W., Willamette Meridian, 

downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. 

‘‘(ii) The approximately 5.5-mile segment 

of the North Fork Elk from 0.01 miles below 

Forest Service Road 3353 to its confluence 

with the South Fork Elk, as a wild river. 

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

of the South Fork Elk from its source in the 

southeast quarter of sec. 32, T. 33 S., R. 12 

W., Willamette Meridian, downstream to 0.01 

miles below Forest Service Road 3353, as a 

scenic river. 

‘‘(ii) The approximately 4.2-mile segment 

of the South Fork Elk from 0.01 miles below 

Forest Service Road 3353 to its confluence 

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

SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 

(a) IN GENERAL.—Nothing in this subtitle 

shall be construed as diminishing any right 

of any Indian tribe. 

(b) MEMORANDUM OF UNDERSTANDING.—The 

Secretary shall seek to enter into a memorandum of understanding with the Coquille 

Indian Tribe regarding access to the Copper 

Salmon Wilderness to conduct historical and 

cultural activities. 

Subtitle E—Cascade-Siskiyou National 

Monument, Oregon 

SEC. 1401. DEFINITIONS. 

In this subtitle: 

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

term ‘‘Box R Ranch land exchange map’’ 

means the map entitled ‘‘Proposed Rowlett 

Land Exchange’’ and dated June 13, 2006. 

(2) BUREAU OF LAND MANAGEMENT LAND.— 

The term ‘‘Bureau of Land Management 

land’’ means the approximately 40 acres of 

land administered by the Bureau of Land 

Management identified as ‘‘Rowlett Selected’’, as generally depicted on the Box R 

Ranch land exchange map. 

(3) DEERFIELD LAND EXCHANGE MAP.—The 

term ‘‘Deerfield land exchange map’’ means 

the map entitled ‘‘Proposed Deerfield-BLM 

Property Line Adjustment’’ and dated May 1, 

2008. 

(4) DEERFIELD PARCEL.—The term ‘‘Deerfield parcel’’ means the approximately 1.5 

acres of land identified as ‘‘From Deerfield 

to BLM’’, as generally depicted on the Deerfield land exchange map. 

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

parcel’’ means the approximately 1.3 acres of 

land administered by the Bureau of Land 

Management identified as ‘‘From BLM to 

Deerfield’’, as generally depicted on the 

Deerfield land exchange map. 

(6) GRAZING ALLOTMENT.—The term ‘‘grazing allotment’’ means any of the Box R, 

Buck Lake, Buck Mountain, Buck Point, 

Conde Creek, Cove Creek, Cove Creek Ranch, 

Deadwood, Dixie, Grizzly, Howard Prairie, 

Jenny Creek, Keene Creek, North Cove 

Creek, and Soda Mountain grazing allotments in the State. 

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

lease’’ means any document authorizing the 

use of a grazing allotment for the purpose of 

grazing livestock for commercial purposes. 

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

means the owner of the Box R Ranch in the 

State. 


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(9) LESSEE.—The term ‘‘lessee’’ means a 

livestock operator that holds a valid existing 

grazing lease for a grazing allotment. 

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

does not include beasts of burden used for 

recreational purposes. 

(11) MONUMENT.—The term ‘‘Monument’’ 

means the Cascade-Siskiyou National Monument in the State. 

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

parcel’’ means the parcel of approximately 40 

acres of private land identified as ‘‘Rowlett 

Offered’’, as generally depicted on the Box R 

Ranch land exchange map. 

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

means the Secretary of the Interior. 

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

State of Oregon. 

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

means the Soda Mountain Wilderness designated by section 1405(a). 

(16) WILDERNESS MAP.—The term ‘‘wilderness map’’ means the map entitled ‘‘Soda 

Mountain Wilderness’’ and dated May 5, 2008. 

SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM. 

(a) EXISTING GRAZING LEASES.— 

(1) DONATION OF LEASE.— 

(A) ACCEPTANCE BY SECRETARY.—The Secretary shall accept any grazing lease that is 

donated by a lessee. 

(B) TERMINATION.—The Secretary shall terminate any grazing lease acquired under subparagraph (A). 

(C) NO NEW GRAZING LEASE.—Except as provided in paragraph (3), with respect to each 

grazing lease donated under subparagraph 

(A), the Secretary shall— 

(i) not issue any new grazing lease within 

the grazing allotment covered by the grazing 

lease; and 

(ii) ensure a permanent end to livestock 

grazing on the grazing allotment covered by 

the grazing lease. 

(2) DONATION OF PORTION OF GRAZING

LEASE.— 

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

lease for a grazing allotment partially within the Monument may elect to donate only 

that portion of the grazing lease that is 

within the Monument. 

(B) ACCEPTANCE BY SECRETARY.—The Secretary shall accept the portion of a grazing 

lease that is donated under subparagraph 

(A). 

(C) MODIFICATION OF LEASE.—Except as provided in paragraph (3), if a lessee donates a 

portion of a grazing lease under subparagraph (A), the Secretary shall— 

(i) reduce the authorized grazing level and 

area to reflect the donation; and 

(ii) modify the grazing lease to reflect the 

reduced level and area of use. 

(D) AUTHORIZED LEVEL.—To ensure that 

there is a permanent reduction in the level 

and area of livestock grazing on the land 

covered by a portion of a grazing lease donated under subparagraph (A), the Secretary 

shall not allow grazing to exceed the authorized level and area established under subparagraph (C). 

(3) COMMON ALLOTMENTS.— 

(A) IN GENERAL.—If a grazing allotment 

covered by a grazing lease or portion of a 

grazing lease that is donated under paragraph (1) or (2) also is covered by another 

grazing lease that is not donated, the Secretary shall reduce the grazing level on the 

grazing allotment to reflect the donation. 

(B) AUTHORIZED LEVEL.—To ensure that 

there is a permanent reduction in the level 

of livestock grazing on the land covered by 

the grazing lease or portion of a grazing 

lease donated under paragraph (1) or (2), the 

Secretary shall not allow grazing to exceed 

the level established under subparagraph (A). 

(b) LIMITATIONS.—The Secretary— 

(1) with respect to the Agate, Emigrant 

Creek, and Siskiyou allotments in and near 

the Monument— 

(A) shall not issue any grazing lease; and 

(B) shall ensure a permanent end to livestock grazing on each allotment; and 

(2) shall not establish any new allotments 

for livestock grazing that include any Monument land (whether leased or not leased for 

grazing on the date of enactment of this 

Act). 

(c) EFFECT OF DONATION.—A lessee who donates a grazing lease or a portion of a grazing lease under this section shall be considered to have waived any claim to any range 

improvement on the associated grazing allotment or portion of the associated grazing 

allotment, as applicable. 

SEC. 1403. BOX R RANCH LAND EXCHANGE. 

(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary— 

(1) may offer to convey to the Landowner 

the Bureau of Land Management land in exchange for the Rowlett parcel; and 

(2) if the Landowner accepts the offer— 

(A) the Secretary shall convey to the 

Landowner all right, title, and interest of 

the United States in and to the Bureau of 

Land Management land; and 

(B) the Landowner shall convey to the Secretary all right, title, and interest of the 

Landowner in and to the Rowlett parcel. 

(b) SURVEYS.— 

(1) IN GENERAL.—The exact acreage and 

legal description of the Bureau of Land Management land and the Rowlett parcel shall be 

determined by surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs 

of any surveys conducted under paragraph 

(1), and any other administrative costs of 

carrying out the land exchange, shall be determined by the Secretary and the Landowner. 

(c) CONDITIONS.—The conveyance of the Bureau of Land Management land and the 

Rowlett parcel under this section shall be 

subject to— 

(1) valid existing rights; 

(2) title to the Rowlett parcel being acceptable to the Secretary and in conformance 

with the title approval standards applicable 

to Federal land acquisitions; 

(3) such terms and conditions as the Secretary may require; and 

(4) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of 

land by the Bureau of Land Management. 

(d) APPRAISALS.— 

(1) IN GENERAL.—The Bureau of Land Management land and the Rowlett parcel shall be 

appraised by an independent appraiser selected by the Secretary. 

(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with— 

(A) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(B) the Uniform Standards of Professional 

Appraisal Practice. 

(3) APPROVAL.—The appraisals conducted 

under this subsection shall be submitted to 

the Secretary for approval. 

(e) GRAZING ALLOTMENT.—As a condition of 

the land exchange authorized under this section, the lessee of the grazing lease for the 

Box R grazing allotment shall donate the 

Box R grazing lease in accordance with section 1402(a)(1). 

SEC. 1404. DEERFIELD LAND EXCHANGE. 

(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary— 

(1) may offer to convey to Deerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; and 

(2) if Deerfield Learning Associates accepts 

the offer— 

(A) the Secretary shall convey to Deerfield 

Learning Associates all right, title, and interest of the United States in and to the Federal parcel; and 

(B) Deerfield Learning Associates shall 

convey to the Secretary all right, title, and 

interest of Deerfield Learning Associates in 

and to the Deerfield parcel. 

(b) SURVEYS.— 

(1) IN GENERAL.—The exact acreage and 

legal description of the Federal parcel and 

the Deerfield parcel shall be determined by 

surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs 

of any surveys conducted under paragraph 

(1), and any other administrative costs of 

carrying out the land exchange, shall be determined by the Secretary and Deerfield 

Learning Associates. 

(c) CONDITIONS.— 

(1) IN GENERAL.—The conveyance of the 

Federal parcel and the Deerfield parcel under 

this section shall be subject to— 

(A) valid existing rights; 

(B) title to the Deerfield parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions; 

(C) such terms and conditions as the Secretary may require; and 

(D) except as otherwise provided in this 

section, any laws (including regulations) applicable to the conveyance and acquisition of 

land by the Bureau of Land Management. 

(d) APPRAISALS.— 

(1) IN GENERAL.—The Federal parcel and 

the Deerfield parcel shall be appraised by an 

independent appraiser selected by the Secretary. 

(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with— 

(A) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(B) the Uniform Standards of Professional 

Appraisal Practice. 

(3) APPROVAL.—The appraisals conducted 

under this subsection shall be submitted to 

the Secretary for approval. 

SEC. 1405. SODA MOUNTAIN WILDERNESS. 

(a) DESIGNATION.—In accordance with the 

Wilderness Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres of Monument land, 

as generally depicted on the wilderness map, 

is designated as wilderness and as a component of the National Wilderness Preservation 

System, to be known as the ‘‘Soda Mountain 

Wilderness’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall 

file a map and legal description of the Wilderness with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE AND EFFECT.— 

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

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct any clerical or typographical error in 

the map or legal description. 

(B) NOTIFICATION.—The Secretary shall 

submit to Congress notice of any changes 

made in the map or legal description under 

subparagraph (A), including notice of the 

reason for the change. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 


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(c) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing 

rights, the Wilderness shall be administered 

by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except 

that— 

(A) any reference in the Wilderness Act to 

the effective date of the Wilderness Act shall 

be considered to be a reference to the date of 

enactment of this Act; and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to 

be a reference to the Secretary of the Interior. 

(2) FIRE, INSECT, AND DISEASE MANAGEMENT

ACTIVITIES.—Except as provided by Presidential Proclamation Number 7318, dated 

June 9, 2000 (65 Fed. Reg. 37247), within the 

wilderness areas designated by this subtitle, 

the Secretary may take such measures in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, insects, and diseases, 

subject to such terms and conditions as the 

Secretary determines to be desirable and appropriate. 

(3) LIVESTOCK.—Except as provided in section 1402 and by Presidential Proclamation 

Number 7318, dated June 9, 2000 (65 Fed. Reg. 

37247), the grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations 

as are considered necessary by the Secretary 

in accordance with— 

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

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

(B) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) FISH AND WILDLIFE MANAGEMENT.—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 

subtitle affects the jurisdiction of the State 

with respect to fish and wildlife on public 

land in the State. 

(5) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

within the boundary of the Wilderness that 

is acquired by the United States shall— 

(A) become part of the Wilderness; and 

(B) be managed in accordance with this 

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

seq.), and any other applicable law. 

SEC. 1406. EFFECT. 

Nothing in this subtitle— 

(1) affects the authority of a Federal agency to modify or terminate grazing permits or 

leases, except as provided in section 1402; 

(2) authorizes the use of eminent domain; 

(3) creates a property right in any grazing 

permit or lease on Federal land; 

(4) establishes a precedent for future grazing permit or lease donation programs; or 

(5) affects the allocation, ownership, interest, or control, in existence on the date of 

enactment of this Act, of any water, water 

right, or any other valid existing right held 

by the United States, an Indian tribe, a 

State, or a private individual, partnership, 

or corporation. 

Subtitle F—Owyhee Public Land 

Management 

SEC. 1501. DEFINITIONS. 

In this subtitle: 

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

the Owyhee Land Acquisition Account established by section 1505(b)(1). 

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

Owyhee County, Idaho. 

(3) OWYHEE FRONT.—The term ‘‘Owyhee 

Front’’ means the area of the County from 

Jump Creek on the west to Mud Flat Road 

on the east and draining north from the crest 

of the Silver City Range to the Snake River. 

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

management plan for motorized and mechanized off-highway vehicle recreation prepared under section 1507. 

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

has the meaning given the term in section 

103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). 

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

means the Secretary of the Interior. 

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

State of Idaho. 

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

Shoshone Paiute Tribes of the Duck Valley 

Reservation. 

SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER. 

(a) ESTABLISHMENT.—The Secretary, in coordination with the Tribes, State, and County, and in consultation with the University 

of Idaho, Federal grazing permittees, and 

public, shall establish the Owyhee Science 

Review and Conservation Center in the 

County to conduct research projects to address natural resources management issues 

affecting public and private rangeland in the 

County. 

(b) PURPOSE.—The purpose of the center established under subsection (a) shall be to facilitate the collection and analysis of information to provide Federal and State agencies, the Tribes, the County, private landowners, and the public with information on 

improved rangeland management. 

SEC. 1503. WILDERNESS AREAS. 

(a) WILDERNESS AREAS DESIGNATION.— 

(1) IN GENERAL.—In accordance with the 

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

following areas in the State are designated 

as wilderness areas and as components of the 

National Wilderness Preservation System: 

(A) BIG JACKS CREEK WILDERNESS.—Certain 

land comprising approximately 52,826 acres, 

as generally depicted on the map entitled 

‘‘Little Jacks Creek and Big Jacks Creek 

Wilderness’’ and dated May 5, 2008, which 

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

(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.—Certain land comprising approximately 89,996 acres, as generally depicted on 

the map entitled ‘‘Bruneau-Jarbidge Rivers 

Wilderness’’ and dated December 15, 2008, 

which shall be known as the ‘‘BruneauJarbidge Rivers Wilderness’’. 

(C) LITTLE JACKS CREEK WILDERNESS.—Certain land comprising approximately 50,929 

acres, as generally depicted on the map entitled ‘‘Little Jacks Creek and Big Jacks 

Creek Wilderness’’ and dated May 5, 2008, 

which shall be known as the ‘‘Little Jacks 

Creek Wilderness’’. 

(D) NORTH FORK OWYHEE WILDERNESS.—Certain land comprising approximately 43,413 

acres, as generally depicted on the map entitled ‘‘North Fork Owyhee and Pole Creek 

Wilderness’’ and dated May 5, 2008, which 

shall be known as the ‘‘North Fork Owyhee 

Wilderness’’. 

(E) OWYHEE RIVER WILDERNESS.—Certain 

land comprising approximately 267,328 acres, 

as generally depicted on the map entitled 

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

2008, which shall be known as the ‘‘Owyhee 

River Wilderness’’. 

(F) POLE CREEK WILDERNESS.—Certain land 

comprising approximately 12,533 acres, as 

generally depicted on the map entitled 

‘‘North Fork Owyhee and Pole Creek Wilderness’’ and dated May 5, 2008, which shall be 

known as the ‘‘Pole Creek Wilderness’’. 

(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall submit to the Committee on 

Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House of Representatives a map and 

legal description for each area designated as 

wilderness by this subtitle. 

(B) EFFECT.—Each map and legal description submitted under subparagraph (A) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct minor errors in the map or legal 

description. 

(C) AVAILABILITY.—Each map and legal description submitted under subparagraph (A) 

shall be available in the appropriate offices 

of the Bureau of Land Management. 

(3) RELEASE OF WILDERNESS STUDY AREAS.— 

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

the purposes of section 603(c) of the Federal 

Land Policy and Management Act of 1976 (43 

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

administered by the Bureau of Land Management has been adequately studied for wilderness designation. 

(B) RELEASE.—Any public land referred to 

in subparagraph (A) that is not designated as 

wilderness by this subtitle— 

(i) is no longer subject to section 603(c) of 

the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782(c)); and 

(ii) shall be managed in accordance with 

the applicable land use plan adopted under 

section 202 of that Act (43 U.S.C. 1712). 

(b) ADMINISTRATION.— 

(1) IN GENERAL.—Subject to valid existing 

rights, each area designated as wilderness by 

this subtitle shall be administered by the 

Secretary in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), except that— 

(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; 

and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to 

be a reference to the Secretary of the Interior. 

(2) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land designated as wilderness by this subtitle is withdrawn from all 

forms of— 

(A) entry, appropriation, or disposal under 

the public land laws; 

(B) location, entry, and patent under the 

mining laws; and 

(C) disposition under the mineral leasing, 

mineral materials, and geothermal leasing 

laws. 

(3) LIVESTOCK.— 

(A) IN GENERAL.—In the wilderness areas 

designated by this subtitle, the grazing of 

livestock in areas in which grazing is established as of the date of enactment of this Act 

shall be allowed to continue, subject to such 

reasonable regulations, policies, and practices as the Secretary considers necessary, 

consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101–405. 

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

the date of enactment of this Act, the Secretary shall conduct an inventory of existing 

facilities and improvements associated with 

grazing activities in the wilderness areas and 

wild and scenic rivers designated by this subtitle. 

(C) FENCING.—The Secretary may construct and maintain fencing around wilderness areas designated by this subtitle as the 

Secretary determines to be appropriate to 

enhance wilderness values. 

(D) DONATION OF GRAZING PERMITS OR

LEASES.— 

(i) ACCEPTANCE BY SECRETARY.—The Secretary shall accept the donation of any valid 

existing permits or leases authorizing grazing on public land, all or a portion of which 

is within the wilderness areas designated by 

this subtitle. 


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(ii) TERMINATION.—With respect to each 

permit or lease donated under clause (i), the 

Secretary shall— 

(I) terminate the grazing permit or lease; 

and 

(II) except as provided in clause (iii), ensure a permanent end to grazing on the land 

covered by the permit or lease. 

(iii) COMMON ALLOTMENTS.— 

(I) IN GENERAL.—If the land covered by a 

permit or lease donated under clause (i) is 

also covered by another valid existing permit or lease that is not donated under clause 

(i), the Secretary shall reduce the authorized 

grazing level on the land covered by the permit or lease to reflect the donation of the 

permit or lease under clause (i). 

(II) AUTHORIZED LEVEL.—To ensure that 

there is a permanent reduction in the level 

of grazing on the land covered by a permit or 

lease donated under clause (i), the Secretary 

shall not allow grazing use to exceed the authorized level established under subclause 

(I). 

(iv) PARTIAL DONATION.— 

(I) IN GENERAL.—If a person holding a valid 

grazing permit or lease donates less than the 

full amount of grazing use authorized under 

the permit or lease, the Secretary shall— 

(aa) reduce the authorized grazing level to 

reflect the donation; and 

(bb) modify the permit or lease to reflect 

the revised level of use. 

(II) AUTHORIZED LEVEL.—To ensure that 

there is a permanent reduction in the authorized level of grazing on the land covered 

by a permit or lease donated under subclause 

(I), the Secretary shall not allow grazing use 

to exceed the authorized level established 

under that subclause. 

(4) ACQUISITION OF LAND AND INTERESTS IN

LAND.— 

(A) IN GENERAL.—Consistent with applicable law, the Secretary may acquire land or 

interests in land within the boundaries of 

the wilderness areas designated by this subtitle by purchase, donation, or exchange. 

(B) INCORPORATION OF ACQUIRED LAND.—Any 

land or interest in land in, or adjoining the 

boundary of, a wilderness area designated by 

this subtitle that is acquired by the United 

States shall be added to, and administered as 

part of, the wilderness area in which the acquired land or interest in land is located. 

(5) TRAIL PLAN.— 

(A) IN GENERAL.—The Secretary, after providing opportunities for public comment, 

shall establish a trail plan that addresses 

hiking and equestrian trails on the land designated as wilderness by this subtitle, in a 

manner consistent with the Wilderness Act 

(16 U.S.C. 1131 et seq.). 

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

the date of enactment of this Act, the Secretary shall submit to Congress a report that 

describes the implementation of the trail 

plan. 

(6) OUTFITTING AND GUIDE ACTIVITIES.—Consistent with section 4(d)(5) of the Wilderness 

Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and 

guide activities) are authorized in wilderness 

areas designated by this subtitle to the extent necessary for activities that fulfill the 

recreational or other wilderness purposes of 

the areas. 

(7) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness 

Act (16 U.S.C. 1134(a)), the Secretary shall 

provide any owner of private property within 

the boundary of a wilderness area designated 

by this subtitle adequate access to the property. 

(8) FISH AND WILDLIFE.— 

(A) IN GENERAL.—Nothing in this subtitle 

affects the jurisdiction of the State with respect to fish and wildlife on public land in 

the State. 

(B) MANAGEMENT ACTIVITIES.— 

(i) IN GENERAL.—In furtherance of the purposes and principles of the Wilderness Act (16 

U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are 

necessary to maintain or restore fish and 

wildlife populations and habitats in the wilderness areas designated by this subtitle, if 

the management activities are— 

(I) consistent with relevant wilderness 

management plans; and 

(II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405. 

(ii) INCLUSIONS.—Management activities 

under clause (i) may include the occasional 

and temporary use of motorized vehicles, if 

the use, as determined by the Secretary, 

would promote healthy, viable, and more 

naturally distributed wildlife populations 

that would enhance wilderness values while 

causing the minimum impact necessary to 

accomplish those tasks. 

(C) EXISTING ACTIVITIES.—Consistent with 

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

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

in Appendix B of House Report 101–405, the 

State may use aircraft (including helicopters) in the wilderness areas designated 

by this subtitle to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, 

and feral stock, feral horses, and feral burros. 

(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—Consistent with section 4(d)(1) of the 

Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures that the Secretary determines to be necessary to control 

fire, insects, and diseases, including, as the 

Secretary determines appropriate, the coordination of those activities with a State or 

local agency. 

(10) ADJACENT MANAGEMENT.— 

(A) IN GENERAL.—The designation of a wilderness area by this subtitle shall not create 

any protective perimeter or buffer zone 

around the wilderness area. 

(B) NONWILDERNESS ACTIVITIES.—The fact 

that nonwilderness activities or uses can be 

seen or heard from areas within a wilderness 

area designated by this subtitle shall not 

preclude the conduct of those activities or 

uses outside the boundary of the wilderness 

area. 

(11) MILITARY OVERFLIGHTS.—Nothing in 

this subtitle restricts or precludes— 

(A) low-level overflights of military aircraft over the areas designated as wilderness 

by this subtitle, including military overflights that can be seen or heard within the 

wilderness areas; 

(B) flight testing and evaluation; or 

(C) the designation or creation of new 

units of special use airspace, or the establishment of military flight training routes, 

over the wilderness areas. 

(12) WATER RIGHTS.— 

(A) IN GENERAL.—The designation of areas 

as wilderness by subsection (a) shall not create an express or implied reservation by the 

United States of any water or water rights 

for wilderness purposes with respect to such 

areas. 

(B) EXCLUSIONS.—This paragraph does not 

apply to any components of the National 

Wild and Scenic Rivers System designated 

by section 1504. 

SEC. 1504. DESIGNATION OF WILD AND SCENIC 

RIVERS. 

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

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

amended by section 1203(a)(1)) is amended by 

adding at the end the following: 

‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 

miles of Battle Creek from the confluence of 

the Owyhee River to the upstream boundary 

of the Owyhee River Wilderness, to be administered by the Secretary of the Interior 

as a wild river. 

‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 

miles of Big Jacks Creek from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at 

which it enters the NW 1⁄4 of sec. 26, T. 10 S., 

R. 2 E., Boise Meridian, to be administered 

by the Secretary of the Interior as a wild 

river. 

‘‘(182) BRUNEAU RIVER, IDAHO.— 

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

subparagraph (B), the 39.3-mile segment of 

the Bruneau River from the downstream 

boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the 

west fork of the Bruneau River, to be administered by the Secretary of the Interior as a 

wild river. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), the 0.6-mile segment of the 

Bruneau River at the Indian Hot Springs 

public road access shall be administered by 

the Secretary of the Interior as a recreational river. 

‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— 

The approximately 0.35 miles of the West 

Fork of the Bruneau River from the confluence with the Jarbidge River to the downstream boundary of the Bruneau Canyon 

Grazing Allotment in the SE/NE of sec. 5, T. 

13 S., R. 7 E., Boise Meridian, to be administered by the Secretary of the Interior as a 

wild river. 

‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 

miles of Cottonwood Creek from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary 

of the Interior as a wild river. 

‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile 

segment of Deep Creek from the confluence 

with the Owyhee River to the upstream 

boundary of the Owyhee River Wilderness in 

sec. 30, T. 12 S., R. 2 W., Boise Meridian, to 

be administered by the Secretary of the Interior as a wild river. 

‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 

miles of Dickshooter Creek from the confluence with Deep Creek to a point on the 

stream 1⁄4 mile due west of the east boundary 

of sec. 16, T. 12 S., R. 2 W., Boise Meridian, 

to be administered by the Secretary of the 

Interior as a wild river. 

‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile 

segment of Duncan Creek from the confluence with Big Jacks Creek upstream to 

the east boundary of sec. 18, T. 10 S., R. 4 E., 

Boise Meridian, to be administered by the 

Secretary of the Interior as a wild river. 

‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 

miles of the Jarbidge River from the confluence with the West Fork Bruneau River to 

the upstream boundary of the BruneauJarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a 

wild river. 

‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 

miles of Little Jacks Creek from the downstream boundary of the Little Jacks Creek 

Wilderness, upstream to the mouth of OX 

Prong Creek, to be administered by the Secretary of the Interior as a wild river. 

‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— 

The following segments of the North Fork of 

the Owyhee River, to be administered by the 

Secretary of the Interior: 

‘‘(A) The 5.7-mile segment from the IdahoOregon State border to the upstream boundary of the private land at the Juniper Mt. 

Road crossing, as a recreational river. 

‘‘(B) The 15.1-mile segment from the upstream boundary of the North Fork Owyhee 

River recreational segment designated in 

paragraph (A) to the upstream boundary of 

the North Fork Owyhee River Wilderness, as 

a wild river. 


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‘‘(191) OWYHEE RIVER, IDAHO.— 

‘‘(A) IN GENERAL.—Subject to subparagraph 

(B), the 67.3 miles of the Owyhee River from 

the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary 

of the Interior as a wild river. 

‘‘(B) ACCESS.—The Secretary of the Interior shall allow for continued access across 

the Owyhee River at Crutchers Crossing, 

subject to such terms and conditions as the 

Secretary of the Interior determines to be 

necessary. 

‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of 

Red Canyon from the confluence of the 

Owyhee River to the upstream boundary of 

the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a 

wild river. 

‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles 

of Sheep Creek from the confluence with the 

Bruneau River to the upstream boundary of 

the Bruneau-Jarbidge Rivers Wilderness, to 

be administered by the Secretary of the Interior as a wild river. 

‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

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

subparagraph (B), the 31.4-mile segment of 

the South Fork of the Owyhee River upstream from the confluence with the Owyhee 

River to the upstream boundary of the 

Owyhee River Wilderness at the Idaho–Nevada State border, to be administered by the 

Secretary of the Interior as a wild river. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), the 1.2-mile segment of the 

South Fork of the Owyhee River from the 

point at which the river enters the southernmost boundary to the point at which the 

river exits the northernmost boundary of 

private land in sec. 25 and 26, T. 14 S., R. 5 

W., Boise Meridian, shall be administered by 

the Secretary of the Interior as a recreational river. 

‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 

miles of Wickahoney Creek from the confluence of Big Jacks Creek to the upstream 

boundary of the Big Jacks Creek Wilderness, 

to be administered by the Secretary of the 

Interior as a wild river.’’. 

(b) BOUNDARIES.—Notwithstanding section 

3(b) of the Wild and Scenic Rivers Act (16 

U.S.C. 1274(b)), the boundary of a river segment designated as a component of the National Wild and Scenic Rivers System under 

this subtitle shall extend not more than the 

shorter of— 

(1) an average distance of 1⁄4 mile from the 

high water mark on both sides of the river 

segment; or 

(2) the distance to the nearest confined 

canyon rim. 

(c) LAND ACQUISITION.—The Secretary shall 

not acquire any private land within the exterior boundary of a wild and scenic river corridor without the consent of the owner. 

SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

(a) IN GENERAL.—Consistent with applicable law, the Secretary may sell public land 

located within the Boise District of the Bureau of Land Management that, as of July 25, 

2000, has been identified for disposal in appropriate resource management plans. 

(b) USE OF PROCEEDS.— 

(1) IN GENERAL.—Notwithstanding any 

other provision of law (other than a law that 

specifically provides for a proportion of the 

proceeds of a land sale to be distributed to 

any trust fund of the State), proceeds from 

the sale of public land under subsection (a) 

shall be deposited in a separate account in 

the Treasury of the United States to be 

known as the ‘‘Owyhee Land Acquisition Account’’. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Amounts in the account 

shall be available to the Secretary, without 

further appropriation, to purchase land or 

interests in land in, or adjacent to, the wilderness areas designated by this subtitle, including land identified as ‘‘Proposed for Acquisition’’ on the maps described in section 

1503(a)(1). 

(B) APPLICABLE LAW.—Any purchase of land 

or interest in land under subparagraph (A) 

shall be in accordance with applicable law. 

(3) APPLICABILITY.—This subsection applies 

to public land within the Boise District of 

the Bureau of Land Management sold on or 

after January 1, 2008. 

(4) ADDITIONAL AMOUNTS.—If necessary, the 

Secretary may use additional amounts appropriated to the Department of the Interior, 

subject to applicable reprogramming guidelines. 

(c) TERMINATION OF AUTHORITY.— 

(1) IN GENERAL.—The authority provided 

under this section terminates on the earlier 

of— 

(A) the date that is 10 years after the date 

of enactment of this Act; or 

(B) the date on which a total of $8,000,000 

from the account is expended. 

(2) AVAILABILITY OF AMOUNTS.—Any 

amounts remaining in the account on the 

termination of authority under this section 

shall be— 

(A) credited as sales of public land in the 

State; 

(B) transferred to the Federal Land Disposal Account established under section 

206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and 

(C) used in accordance with that subtitle. 

SEC. 1506. TRIBAL CULTURAL RESOURCES. 

(a) COORDINATION.—The Secretary shall coordinate with the Tribes in the implementation of the Shoshone Paiute Cultural Resource Protection Plan. 

(b) AGREEMENTS.—The Secretary shall seek 

to enter into agreements with the Tribes to 

implement the Shoshone Paiute Cultural Resource Protection Plan to protect cultural 

sites and resources important to the continuation of the traditions and beliefs of the 

Tribes. 

SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

(a) IN GENERAL.—In accordance with the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.), the Secretary 

shall, in coordination with the Tribes, State, 

and County, prepare 1 or more travel management plans for motorized and mechanized 

off-highway vehicle recreation for the land 

managed by the Bureau of Land Management 

in the County. 

(b) INVENTORY.—Before preparing the plan 

under subsection (a), the Secretary shall 

conduct resource and route inventories of 

the area covered by the plan. 

(c) LIMITATION TO DESIGNATED ROUTES.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), the plan shall limit recreational motorized and mechanized offhighway vehicle use to a system of designated roads and trails established by the 

plan. 

(2) EXCEPTION.—Paragraph (1) shall not 

apply to snowmobiles. 

(d) TEMPORARY LIMITATION.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), until the date on which the 

Secretary completes the plan, all recreational motorized and mechanized offhighway vehicle use shall be limited to roads 

and trails lawfully in existence on the day 

before the date of enactment of this Act. 

(2) EXCEPTION.—Paragraph (1) shall not 

apply to— 

(A) snowmobiles; or 

(B) areas specifically identified as open, 

closed, or limited in the Owyhee Resource 

Management Plan. 

(e) SCHEDULE.— 

(1) OWYHEE FRONT.—It is the intent of Congress that, not later than 1 year after the 

date of enactment of this Act, the Secretary 

shall complete a transportation plan for the 

Owyhee Front. 

(2) OTHER BUREAU OF LAND MANAGEMENT

LAND IN THE COUNTY.—It is the intent of Congress that, not later than 3 years after the 

date of enactment of this Act, the Secretary 

shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front. 

SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle G—Sabinoso Wilderness, New Mexico 

SEC. 1601. DEFINITIONS. 

In this subtitle: 

(1) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Sabinoso Wilderness’’ and dated 

September 8, 2008. 

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

means the Secretary of the Interior. 

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

State of New Mexico. 

SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 

(a) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et 

seq.), the approximately 16,030 acres of land 

under the jurisdiction of the Taos Field Office Bureau of Land Management, New Mexico, as generally depicted on the map, is designated as wilderness and as a component of 

the National Wilderness Preservation System, to be known as the ‘‘Sabinoso Wilderness’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and a legal description of the Sabinoso Wilderness with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct any clerical and typographical errors 

in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 

(c) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing 

rights, the Sabinoso Wilderness shall be administered by the Secretary in accordance 

with this subtitle and the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(A) any reference in the Wilderness Act to 

the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary of the 

Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

within the boundary of the Sabinoso Wilderness that is acquired by the United States 

shall— 

(A) become part of the Sabinoso Wilderness; and 

(B) be managed in accordance with this 

subtitle and any other laws applicable to the 

Sabinoso Wilderness. 

(3) GRAZING.—The grazing of livestock in 

the Sabinoso Wilderness, if established before the date of enactment of this Act, shall 

be administered in accordance with— 


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

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

(B) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) FISH AND WILDLIFE.—In accordance with 

section 4(d)(7) of the Wilderness Act (16 

U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife in the State. 

(5) ACCESS.— 

(A) IN GENERAL.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 

1134(a)), the Secretary shall continue to 

allow private landowners adequate access to 

inholdings in the Sabinoso Wilderness. 

(B) CERTAIN LAND.—For access purposes, 

private land within T. 16 N., R. 23 E., secs. 17 

and 20 and the N1⁄2 of sec. 21, N.M.M., shall be 

managed as an inholding in the Sabinoso 

Wilderness. 

(d) WITHDRAWAL.—Subject to valid existing 

rights, the land generally depicted on the 

map as ‘‘Lands Withdrawn From Mineral 

Entry’’ and ‘‘Lands Released From Wilderness Study Area & Withdrawn From Mineral 

Entry’’ is withdrawn from— 

(1) all forms of entry, appropriation, and 

disposal under the public land laws, except 

disposal by exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); 

(2) location, entry, and patent under the 

mining laws; and 

(3) operation of the mineral materials and 

geothermal leasing laws. 

(e) RELEASE OF WILDERNESS STUDY

AREAS.—Congress finds that, for the purposes of section 603(c) of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1782(c)), the public lands within the 

Sabinoso Wilderness Study Area not designated as wilderness by this subtitle— 

(1) have been adequately studied for wilderness designation and are no longer subject to section 603(c) of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1782(c)); and 

(2) shall be managed in accordance with applicable law (including subsection (d)) and 

the land use management plan for the surrounding area. 

Subtitle H—Pictured Rocks National 

Lakeshore Wilderness 

SEC. 1651. DEFINITIONS. 

In this subtitle: 

(1) LINE OF DEMARCATION.—The term ‘‘line 

of demarcation’’ means the point on the 

bank or shore at which the surface waters of 

Lake Superior meet the land or sand beach, 

regardless of the level of Lake Superior. 

(2) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Pictured Rocks National Lakeshore Beaver Basin Wilderness Boundary’’, 

numbered 625/80,051, and dated April 16, 2007. 

(3) NATIONAL LAKESHORE.—The term ‘‘National Lakeshore’’ means the Pictured Rocks 

National Lakeshore. 

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

means the Secretary of the Interior. 

(5) WILDERNESS.—The term ‘‘Wilderness’’ 

means the Beaver Basin Wilderness designated by section 1652(a). 

SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 

(a) IN GENERAL.—In accordance with the 

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

land described in subsection (b) is designated 

as wilderness and as a component of the National Wilderness Preservation System, to be 

known as the ‘‘Beaver Basin Wilderness’’. 

(b) DESCRIPTION OF LAND.—The land referred to in subsection (a) is the land and inland water comprising approximately 11,740 

acres within the National Lakeshore, as generally depicted on the map. 

(c) BOUNDARY.— 

(1) LINE OF DEMARCATION.—The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by 

Lake Superior. 

(2) SURFACE WATER.—The surface water of 

Lake Superior, regardless of the fluctuating 

lake level, shall be considered to be outside 

the boundary of the Wilderness. 

(d) MAP AND LEGAL DESCRIPTION.— 

(1) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service. 

(2) LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall submit to the Committee on Energy and Natural Resources of 

the Senate and the Committee on Natural 

Resources of the House of Representatives a 

legal description of the boundary of the Wilderness. 

(3) FORCE AND EFFECT.—The map and the 

legal description submitted under paragraph 

(2) shall have the same force and effect as if 

included in this subtitle, except that the 

Secretary may correct any clerical or typographical errors in the map and legal description. 

SEC. 1653. ADMINISTRATION. 

(a) MANAGEMENT.—Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with 

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

except that— 

(1) any reference in that Act to the effective date of that Act shall be considered to 

be a reference to the date of enactment of 

this Act; and 

(2) with respect to land administered by 

the Secretary, any reference in that Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary. 

(b) USE OF ELECTRIC MOTORS.—The use of 

boats powered by electric motors on Little 

Beaver and Big Beaver Lakes may continue, 

subject to any applicable laws (including 

regulations). 

SEC. 1654. EFFECT. 

Nothing in this subtitle— 

(1) modifies, alters, or affects any treaty 

rights; 

(2) alters the management of the water of 

Lake Superior within the boundary of the 

Pictured Rocks National Lakeshore in existence on the date of enactment of this Act; or 

(3) prohibits— 

(A) the use of motors on the surface water 

of Lake Superior adjacent to the Wilderness; 

or 

(B) the beaching of motorboats at the line 

of demarcation. 

Subtitle I—Oregon Badlands Wilderness 

SEC. 1701. DEFINITIONS. 

In this subtitle: 

(1) DISTRICT.—The term ‘‘District’’ means 

the Central Oregon Irrigation District. 

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

means the Secretary of the Interior. 

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

State of Oregon. 

(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means the map entitled ‘‘Badlands Wilderness’’ and dated September 3, 

2008. 

SEC. 1702. OREGON BADLANDS WILDERNESS. 

(a) DESIGNATION.—In accordance with the 

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

approximately 29,301 acres of Bureau of Land 

Management land in the State, as generally 

depicted on the wilderness map, is designated as wilderness and as a component of 

the National Wilderness Preservation System, to be known as the ‘‘Oregon Badlands 

Wilderness’’. 

(b) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing 

rights, the Oregon Badlands Wilderness shall 

be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), except that— 

(A) any reference in the Wilderness Act to 

the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary of the 

Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

within the boundary of the Oregon Badlands 

Wilderness that is acquired by the United 

States shall— 

(A) become part of the Oregon Badlands 

Wilderness; and 

(B) be managed in accordance with this 

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

seq.), and any other applicable law. 

(3) GRAZING.—The grazing of livestock in 

the Oregon Badlands Wilderness, if established before the date of enactment of this 

Act, shall be permitted to continue subject 

to such reasonable regulations as are considered necessary by the Secretary in accordance with— 

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

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

(B) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness 

Act (16 U.S.C. 1134(a)), the Secretary shall 

provide any owner of private property within 

the boundary of the Oregon Badlands Wilderness adequate access to the property. 

(c) POTENTIAL WILDERNESS.— 

(1) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et 

seq.), a corridor of certain Federal land managed by the Bureau of Land Management 

with a width of 25 feet, as generally depicted 

on the wilderness map as ‘‘Potential Wilderness’’, is designated as potential wilderness. 

(2) INTERIM MANAGEMENT.—The potential 

wilderness designated by paragraph (1) shall 

be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 

the Secretary may allow nonconforming uses 

that are authorized and in existence on the 

date of enactment of this Act to continue in 

the potential wilderness. 

(3) DESIGNATION AS WILDERNESS.—On the 

date on which the Secretary publishes in the 

Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted 

under paragraph (2) have terminated, the potential wilderness shall be— 

(A) designated as wilderness and as a component of the National Wilderness Preservation System; and 

(B) incorporated into the Oregon Badlands 

Wilderness. 

(d) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and legal description of the Oregon Badlands Wilderness 

with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct typographical errors in the map and 

legal description. 


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(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 

SEC. 1703. RELEASE. 

(a) FINDING.—Congress finds that, for the 

purposes of section 603(c) of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1782(c)), the portions of the Badlands 

wilderness study area that are not designated as the Oregon Badlands Wilderness 

or as potential wilderness have been adequately studied for wilderness or potential 

wilderness designation. 

(b) RELEASE.—Any public land described in 

subsection (a) that is not designated as wilderness by this subtitle— 

(1) is no longer subject to section 603(c) of 

the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782(c)); and 

(2) shall be managed in accordance with 

the applicable land use plan adopted under 

section 202 of that Act (43 U.S.C. 1712). 

SEC. 1704. LAND EXCHANGES. 

(a) CLARNO LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, 

title, and interest of the landowner in and to 

the non-Federal land described in paragraph 

(2)(A), the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the Landowner 

all right, title, and interest of the United 

States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 239 acres of non-Federal land 

identified on the wilderness map as ‘‘Clarno 

to Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 209 acres of Federal land identified 

on the wilderness map as ‘‘Federal Government to Clarno’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(b) DISTRICT EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (c) through (e), if the District offers 

to convey to the United States all right, 

title, and interest of the District in and to 

the non-Federal land described in paragraph 

(2)(A), the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the District all 

right, title, and interest of the United States 

in and to the Federal land described in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 527 acres of non-Federal land 

identified on the wilderness map as ‘‘COID to 

Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 697 acres of Federal land identified 

on the wilderness map as ‘‘Federal Government to COID’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(c) APPLICABLE LAW.—Except as otherwise 

provided in this section, the Secretary shall 

carry out the land exchanges under this section in accordance with section 206 of the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1716). 

(d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(1) IN GENERAL.—The value of the Federal 

land and the non-Federal land to be conveyed in a land exchange under this section— 

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or 

(B) if not equal, shall be equalized in accordance with paragraph (3). 

(2) APPRAISALS.— 

(A) IN GENERAL.—The Federal land and the 

non-Federal land to be exchanged under this 

section shall be appraised by an independent, 

qualified appraiser that is agreed to by the 

Secretary and the owner of the non-Federal 

land to be exchanged. 

(B) REQUIREMENTS.—An appraisal under 

subparagraph (A) shall be conducted in accordance with— 

(i) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(3) EQUALIZATION.— 

(A) IN GENERAL.—If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section 

is not equal, the value may be equalized by— 

(i) making a cash equalization payment to 

the Secretary or to the owner of the nonFederal land, as appropriate, in accordance 

with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1716(b)); or 

(ii) reducing the acreage of the Federal 

land or the non-Federal land to be exchanged, as appropriate. 

(B) CASH EQUALIZATION PAYMENTS.—Any 

cash equalization payments received by the 

Secretary under subparagraph (A)(i) shall 

be— 

(i) deposited in the Federal Land Disposal 

Account established by section 206(a) of the 

Federal Land Transaction Facilitation Act 

(43 U.S.C. 2305(a)); and 

(ii) used in accordance with that Act. 

(e) CONDITIONS OF EXCHANGE.— 

(1) IN GENERAL.—The land exchanges under 

this section shall be subject to such terms 

and conditions as the Secretary may require. 

(2) COSTS.—As a condition of a conveyance 

of Federal land and non-Federal land under 

this section, the Federal Government and 

the owner of the non-Federal land shall 

equally share all costs relating to the land 

exchange, including the costs of appraisals, 

surveys, and any necessary environmental 

clearances. 

(3) VALID EXISTING RIGHTS.—The exchange 

of Federal land and non-Federal land under 

this section shall be subject to any easements, rights-of-way, and other valid rights 

in existence on the date of enactment of this 

Act. 

(f) COMPLETION OF LAND EXCHANGE.—It is 

the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of 

enactment of this Act. 

SEC. 1705. PROTECTION OF TRIBAL TREATY 

RIGHTS. 

Nothing in this subtitle alters, modifies, 

enlarges, diminishes, or abrogates the treaty 

rights of any Indian tribe, including the offreservation reserved rights secured by the 

Treaty with the Tribes and Bands of Middle 

Oregon of June 25, 1855 (12 Stat. 963). 

Subtitle J—Spring Basin Wilderness, Oregon 

SEC. 1751. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of the Interior. 

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

State of Oregon. 

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

Confederated Tribes of the Warm Springs 

Reservation of Oregon. 

(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means the map entitled ‘‘Spring 

Basin Wilderness with Land Exchange Proposals’’ and dated September 3, 2008. 

SEC. 1752. SPRING BASIN WILDERNESS. 

(a) DESIGNATION.—In accordance with the 

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

approximately 6,382 acres of Bureau of Land 

Management land in the State, as generally 

depicted on the wilderness map, is designated as wilderness and as a component of 

the National Wilderness Preservation System, to be known as the ‘‘Spring Basin Wilderness’’. 

(b) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing 

rights, the Spring Basin Wilderness shall be 

administered by the Secretary in accordance 

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

seq.), except that— 

(A) any reference in the Wilderness Act to 

the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary of the 

Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

within the boundary of the Spring Basin Wilderness that is acquired by the United States 

shall— 

(A) become part of the Spring Basin Wilderness; and 

(B) be managed in accordance with this 

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

seq.), and any other applicable law. 

(3) GRAZING.—The grazing of livestock in 

the Spring Basin Wilderness, if established 

before the date of enactment of this Act, 

shall be permitted to continue subject to 

such reasonable regulations as are considered necessary by the Secretary, in accordance with— 

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

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

(B) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(c) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and a legal description of the Spring Basin Wilderness 

with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this section, except that the Secretary may 

correct any typographical errors in the map 

and legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 

SEC. 1753. RELEASE. 

(a) FINDING.—Congress finds that, for the 

purposes of section 603(c) of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1782(c)), the portions of the Spring 

Basin wilderness study area that are not designated by section 1752(a) as the Spring 

Basin Wilderness in the following areas have 

been adequately studied for wilderness designation: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1⁄2. 


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(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4. 

(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1⁄2 of 

the S 1⁄2. 

(b) RELEASE.—Any public land described in 

subsection (a) that is not designated as wilderness by this subtitle— 

(1) is no longer subject to section 603(c) of 

the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782(c)); and 

(2) shall be managed in accordance with 

the applicable land use plan adopted under 

section 202 of that Act (43 U.S.C. 1712). 

SEC. 1754. LAND EXCHANGES. 

(a) CONFEDERATED TRIBES OF THE WARM

SPRINGS RESERVATION LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the Tribes offer to 

convey to the United States all right, title, 

and interest of the Tribes in and to the nonFederal land described in paragraph (2)(A), 

the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the Tribes all 

right, title, and interest of the United States 

in and to the Federal land described in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 4,480 acres of non-Federal land 

identified on the wilderness map as ‘‘Lands 

proposed for transfer from the CTWSIR to 

the Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 4,578 acres of Federal land identified 

on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to 

CTWSIR’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(4) WITHDRAWAL.—Subject to valid existing 

rights, the land acquired by the Secretary 

under this subsection is withdrawn from all 

forms of— 

(A) entry, appropriation, or disposal under 

the public land laws; 

(B) location, entry, and patent under the 

mining laws; and 

(C) disposition under any law relating to 

mineral and geothermal leasing or mineral 

materials. 

(b) MCGREER LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, 

title, and interest of the landowner in and to 

the non-Federal land described in paragraph 

(2)(A), the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the landowner 

all right, title, and interest of the United 

States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 18 acres of non-Federal land 

identified on the wilderness map as ‘‘Lands 

proposed for transfer from McGreer to the 

Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified 

on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to 

McGreer’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(c) KEYS LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, 

title, and interest of the landowner in and to 

the non-Federal land described in paragraph 

(2)(A), the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the landowner 

all right, title, and interest of the United 

States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 180 acres of non-Federal land 

identified on the wilderness map as ‘‘Lands 

proposed for transfer from Keys to the Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 187 acres of Federal land identified 

on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to 

Keys’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(d) BOWERMAN LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, 

title, and interest of the landowner in and to 

the non-Federal land described in paragraph 

(2)(A), the Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the 

non-Federal land, convey to the landowner 

all right, title, and interest of the United 

States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 32 acres of non-Federal land 

identified on the wilderness map as ‘‘Lands 

proposed for transfer from Bowerman to the 

Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on 

the wilderness map as ‘‘Lands proposed for 

transfer from the Federal Government to 

Bowerman’’. 

(3) SURVEYS.—The exact acreage and legal 

description of the Federal land and non-Federal land described in paragraph (2) shall be 

determined by surveys approved by the Secretary. 

(e) APPLICABLE LAW.—Except as otherwise 

provided in this section, the Secretary shall 

carry out the land exchanges under this section in accordance with section 206 of the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1716). 

(f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(1) IN GENERAL.—The value of the Federal 

land and the non-Federal land to be conveyed in a land exchange under this section— 

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or 

(B) if not equal, shall be equalized in accordance with paragraph (3). 

(2) APPRAISALS.— 

(A) IN GENERAL.—The Federal land and the 

non-Federal land to be exchanged under this 

section shall be appraised by an independent, 

qualified appraiser that is agreed to by the 

Secretary and the owner of the non-Federal 

land to be exchanged. 

(B) REQUIREMENTS.—An appraisal under 

subparagraph (A) shall be conducted in accordance with— 

(i) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(3) EQUALIZATION.— 

(A) IN GENERAL.—If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section 

is not equal, the value may be equalized by— 

(i) making a cash equalization payment to 

the Secretary or to the owner of the nonFederal land, as appropriate, in accordance 

with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1716(b)); or 

(ii) reducing the acreage of the Federal 

land or the non-Federal land to be exchanged, as appropriate. 

(B) CASH EQUALIZATION PAYMENTS.—Any 

cash equalization payments received by the 

Secretary under subparagraph (A)(i) shall 

be— 

(i) deposited in the Federal Land Disposal 

Account established by section 206(a) of the 

Federal Land Transaction Facilitation Act 

(43 U.S.C. 2305(a)); and 

(ii) used in accordance with that Act. 

(g) CONDITIONS OF EXCHANGE.— 

(1) IN GENERAL.—The land exchanges under 

this section shall be subject to such terms 

and conditions as the Secretary may require. 

(2) COSTS.—As a condition of a conveyance 

of Federal land and non-Federal land under 

this section, the Federal Government and 

the owner of the non-Federal land shall 

equally share all costs relating to the land 

exchange, including the costs of appraisals, 

surveys, and any necessary environmental 

clearances. 

(3) VALID EXISTING RIGHTS.—The exchange 

of Federal land and non-Federal land under 

this section shall be subject to any easements, rights-of-way, and other valid rights 

in existence on the date of enactment of this 

Act. 

(h) COMPLETION OF LAND EXCHANGE.—It is 

the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of 

enactment of this Act. 

SEC. 1755. PROTECTION OF TRIBAL TREATY 

RIGHTS. 

Nothing in this subtitle alters, modifies, 

enlarges, diminishes, or abrogates the treaty 

rights of any Indian tribe, including the offreservation reserved rights secured by the 

Treaty with the Tribes and Bands of Middle 

Oregon of June 25, 1855 (12 Stat. 963). 

Subtitle K—Eastern Sierra and Northern San 

Gabriel Wilderness, California 

SEC. 1801. DEFINITIONS. 

In this subtitle: 

(1) FOREST.—The term ‘‘Forest’’ means the 

Ancient Bristlecone Pine Forest designated 

by section 1808(a). 

(2) RECREATION AREA.—The term ‘‘Recreation Area’’ means the Bridgeport Winter 

Recreation Area designated by section 

1806(a). 

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

means— 

(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and 

(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. 

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

State of California. 

(5) TRAIL.—The term ‘‘Trail’’ means the 

Pacific Crest National Scenic Trail. 

SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 

In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the following areas in the 


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State are designated as wilderness and as 

components of the National Wilderness Preservation System: 

(1) HOOVER WILDERNESS ADDITIONS.— 

(A) IN GENERAL.—Certain land in the Humboldt-Toiyabe and Inyo National Forests, 

comprising approximately 79,820 acres and 

identified as ‘‘Hoover East Wilderness Addition,’’ ‘‘Hoover West Wilderness Addition’’, 

and ‘‘Bighorn Proposed Wilderness Addition’’, as generally depicted on the maps described in subparagraph (B), is incorporated 

in, and shall be considered to be a part of, 

the Hoover Wilderness. 

(B) DESCRIPTION OF MAPS.—The maps referred to in subparagraph (A) are— 

(i) the map entitled ‘‘Humboldt-Toiyabe 

National Forest Proposed Management’’ and 

dated September 17, 2008; and 

(ii) the map entitled ‘‘Bighorn Proposed 

Wilderness Additions’’ and dated September 

23, 2008. 

(C) EFFECT.—The designation of the wilderness under subparagraph (A) shall not affect 

the ongoing activities of the adjacent United 

States Marine Corps Mountain Warfare 

Training Center on land outside the designated wilderness, in accordance with the 

agreement between the Center and the Humboldt-Toiyabe National Forest. 

(2) OWENS RIVER HEADWATERS WILDERNESS.—Certain land in the Inyo National 

Forest, comprising approximately 14,721 

acres, as generally depicted on the map entitled ‘‘Owens River Headwaters Proposed Wilderness’’ and dated September 16, 2008, which 

shall be known as the ‘‘Owens River Headwaters Wilderness’’. 

(3) JOHN MUIR WILDERNESS ADDITIONS.— 

(A) IN GENERAL.—Certain land in the Inyo 

National Forest and certain land administered by the Bureau of Land Management in 

Inyo County, California, comprising approximately 70,411 acres, as generally depicted on 

the maps described in subparagraph (B), is 

incorporated in, and shall be considered to be 

a part of, the John Muir Wilderness. 

(B) DESCRIPTION OF MAPS.—The maps referred to in subparagraph (A) are— 

(i) the map entitled ‘‘John Muir Proposed 

Wilderness Addition (1 of 5)’’ and dated September 23, 2008; 

(ii) the map entitled ‘‘John Muir Proposed 

Wilderness Addition (2 of 5)’’ and dated September 23, 2008; 

(iii) the map entitled ‘‘John Muir Proposed 

Wilderness Addition (3 of 5)’’ and dated October 31, 2008; 

(iv) the map entitled ‘‘John Muir Proposed 

Wilderness Addition (4 of 5)’’ and dated September 16, 2008; and 

(v) the map entitled ‘‘John Muir Proposed 

Wilderness Addition (5 of 5)’’ and dated September 16, 2008. 

(C) BOUNDARY REVISION.—The boundary of 

the John Muir Wilderness is revised as depicted on the map entitled ‘‘John Muir Wilderness—Revised’’ and dated September 16, 

2008. 

(4) ANSEL ADAMS WILDERNESS ADDITION.— 

Certain land in the Inyo National Forest, 

comprising approximately 528 acres, as generally depicted on the map entitled ‘‘Ansel 

Adams Proposed Wilderness Addition’’ and 

dated September 16, 2008, is incorporated in, 

and shall be considered to be a part of, the 

Ansel Adams Wilderness. 

(5) WHITE MOUNTAINS WILDERNESS.— 

(A) IN GENERAL.—Certain land in the Inyo 

National Forest and certain land administered by the Bureau of Land Management in 

Mono County, California, comprising approximately 229,993 acres, as generally depicted on the maps described in subparagraph (B), which shall be known as the 

‘‘White Mountains Wilderness’’. 

(B) DESCRIPTION OF MAPS.—The maps referred to in subparagraph (A) are— 

(i) the map entitled ‘‘White Mountains 

Proposed Wilderness-Map 1 of 2 (North)’’ and 

dated September 16, 2008; and 

(ii) the map entitled ‘‘White Mountains 

Proposed Wilderness-Map 2 of 2 (South)’’ and 

dated September 16, 2008. 

(6) GRANITE MOUNTAIN WILDERNESS.—Certain land in the Inyo National Forest and 

certain land administered by the Bureau of 

Land Management in Mono County, California, comprising approximately 34,342 

acres, as generally depicted on the map entitled ‘‘Granite Mountain Wilderness’’ and 

dated September 19, 2008, which shall be 

known as the ‘‘Granite Mountain Wilderness’’. 

(7) MAGIC MOUNTAIN WILDERNESS.—Certain 

land in the Angeles National Forest, comprising approximately 12,282 acres, as generally depicted on the map entitled ‘‘Magic 

Mountain Proposed Wilderness’’ and dated 

December 16, 2008, which shall be known as 

the ‘‘Magic Mountain Wilderness’’. 

(8) PLEASANT VIEW RIDGE WILDERNESS.—Certain land in the Angeles National Forest, 

comprising approximately 26,757 acres, as 

generally depicted on the map entitled 

‘‘Pleasant View Ridge Proposed Wilderness’’ 

and dated December 16, 2008, which shall be 

known as the ‘‘Pleasant View Ridge Wilderness’’. 

SEC. 1803. ADMINISTRATION OF WILDERNESS 

AREAS. 

(a) MANAGEMENT.—Subject to valid existing rights, the Secretary shall administer 

the wilderness areas and wilderness additions designated by this subtitle in accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), except that— 

(1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; 

and 

(2) any reference in that Act to the Secretary of Agriculture shall be considered to 

be a reference to the Secretary that has jurisdiction over the land. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and legal description of each wilderness area and wilderness 

addition designated by this subtitle with— 

(A) the Committee on Natural Resources of 

the House of Representatives; and 

(B) the Committee on Energy and Natural 

Resources of the Senate. 

(2) FORCE OF LAW.—Each map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—Each map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Secretary. 

(c) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land (or interest in land) 

within the boundary of a wilderness area or 

wilderness addition designated by this subtitle that is acquired by the Federal Government shall— 

(1) become part of the wilderness area in 

which the land is located; and 

(2) be managed in accordance with this 

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

seq.), and any other applicable law. 

(d) WITHDRAWAL.—Subject to valid rights 

in existence on the date of enactment of this 

Act, any Federal land designated as a wilderness area or wilderness addition by this subtitle is withdrawn from— 

(1) all forms of entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) disposition under laws relating to mineral and geothermal leasing or mineral materials. 

(e) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 

(1) IN GENERAL.—The Secretary may take 

such measures in a wilderness area or wilderness addition designated by this subtitle as 

are necessary for the control of fire, insects, 

and diseases in accordance with section 

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

1133(d)(1)) and House Report 98–40 of the 98th 

Congress. 

(2) FUNDING PRIORITIES.—Nothing in this 

subtitle limits funding for fire and fuels 

management in the wilderness areas and wilderness additions designated by this subtitle. 

(3) REVISION AND DEVELOPMENT OF LOCAL

FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall amend the local fire 

management plans that apply to the land 

designated as a wilderness area or wilderness 

addition by this subtitle. 

(4) ADMINISTRATION.—Consistent with paragraph (1) and other applicable Federal law, 

to ensure a timely and efficient response to 

fire emergencies in the wilderness areas and 

wilderness additions designated by this subtitle, the Secretary shall— 

(A) not later than 1 year after the date of 

enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and 

(B) enter into agreements with appropriate 

State or local firefighting agencies. 

(f) ACCESS TO PRIVATE PROPERTY.—The 

Secretary shall provide any owner of private 

property within the boundary of a wilderness 

area or wilderness addition designated by 

this subtitle adequate access to the property 

to ensure the reasonable use and enjoyment 

of the property by the owner. 

(g) MILITARY ACTIVITIES.—Nothing in this 

subtitle precludes— 

(1) low-level overflights of military aircraft over the wilderness areas or wilderness 

additions designated by this subtitle; 

(2) the designation of new units of special 

airspace over the wilderness areas or wilderness additions designated by this subtitle; or 

(3) the use or establishment of military 

flight training routes over wilderness areas 

or wilderness additions designated by this 

subtitle. 

(h) LIVESTOCK.—Grazing of livestock and 

the maintenance of existing facilities relating to grazing in wilderness areas or wilderness additions designated by this subtitle, if 

established before the date of enactment of 

this Act, shall be permitted to continue in 

accordance with— 

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

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

(2) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(i) FISH AND WILDLIFE MANAGEMENT.— 

(1) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et 

seq.), the Secretary may carry out management activities to maintain or restore fish 

and wildlife populations and fish and wildlife 

habitats in wilderness areas or wilderness 

additions designated by this subtitle if the 

activities are— 

(A) consistent with applicable wilderness 

management plans; and 

(B) carried out in accordance with applicable guidelines and policies. 

(2) STATE JURISDICTION.—Nothing in this 

subtitle affects the jurisdiction of the State 

with respect to fish and wildlife on public 

land located in the State. 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S449 

(j) HORSES.—Nothing in this subtitle precludes horseback riding in, or the entry of 

recreational or commercial saddle or pack 

stock into, an area designated as wilderness 

or as a wilderness addition by this subtitle— 

(1) in accordance with section 4(d)(5) of the 

Wilderness Act (16 U.S.C. 1133(d)(5)); and 

(2) subject to any terms and conditions determined to be necessary by the Secretary. 

(k) OUTFITTER AND GUIDE USE.—Outfitter 

and guide activities conducted under permits 

issued by the Forest Service on the additions 

to the John Muir, Ansel Adams, and Hoover 

wilderness areas designated by this subtitle 

shall be in addition to any existing limits established for the John Muir, Ansel Adams, 

and Hoover wilderness areas. 

(l) TRANSFER TO THE FOREST SERVICE.— 

(1) WHITE MOUNTAINS WILDERNESS.—Administrative jurisdiction over the approximately 

946 acres of land identified as ‘‘Transfer of 

Administrative Jurisdiction from BLM to 

FS’’ on the maps described in section 

1802(5)(B) is transferred from the Bureau of 

Land Management to the Forest Service to 

be managed as part of the White Mountains 

Wilderness. 

(2) JOHN MUIR WILDERNESS.—Administrative jurisdiction over the approximately 143 

acres of land identified as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’ 

on the maps described in section 1802(3)(B) is 

transferred from the Bureau of Land Management to the Forest Service to be managed as part of the John Muir Wilderness. 

(m) TRANSFER TO THE BUREAU OF LAND

MANAGEMENT.—Administrative jurisdiction 

over the approximately 3,010 acres of land 

identified as ‘‘Land from FS to BLM’’ on the 

maps described in section 1802(6) is transferred from the Forest Service to the Bureau 

of Land Management to be managed as part 

of the Granite Mountain Wilderness. 

SEC. 1804. RELEASE OF WILDERNESS STUDY 

AREAS. 

(a) FINDING.—Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1782), any portion of a wilderness study area 

described in subsection (b) that is not designated as a wilderness area or wilderness 

addition by this subtitle or any other Act enacted before the date of enactment of this 

Act has been adequately studied for wilderness. 

(b) DESCRIPTION OF STUDY AREAS.—The 

study areas referred to in subsection (a) 

are— 

(1) the Masonic Mountain Wilderness 

Study Area; 

(2) the Mormon Meadow Wilderness Study 

Area; 

(3) the Walford Springs Wilderness Study 

Area; and 

(4) the Granite Mountain Wilderness Study 

Area. 

(c) RELEASE.—Any portion of a wilderness 

study area described in subsection (b) that is 

not designated as a wilderness area or wilderness addition by this subtitle or any 

other Act enacted before the date of enactment of this Act shall not be subject to section 603(c) of the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1782(c)). 

SEC. 1805. DESIGNATION OF WILD AND SCENIC 

RIVERS. 

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

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

amended by section 1504(a)) is amended by 

adding at the end the following: 

‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The 

following segments of the Amargosa River in 

the State of California, to be administered 

by the Secretary of the Interior: 

‘‘(A) The approximately 4.1-mile segment 

of the Amargosa River from the northern 

boundary of sec. 7, T. 21 N., R. 7 E., to 100 

feet upstream of the Tecopa Hot Springs 

road crossing, as a scenic river. 

‘‘(B) The approximately 8-mile segment of 

the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road 

crossing to 100 feet upstream of the Old 

Spanish Trail Highway crossing near Tecopa, 

as a scenic river. 

‘‘(C) The approximately 7.9-mile segment 

of the Amargosa River from the northern 

boundary of sec. 16, T. 20 N., R. 7 E., to .25 

miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a wild 

river. 

‘‘(D) The approximately 4.9-mile segment 

of the Amargosa River from .25 miles upstream of the confluence with Sperry Wash 

in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the Dumont Dunes access road 

crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river. 

‘‘(E) The approximately 1.4-mile segment 

of the Amargosa River from 100 feet downstream of the Dumont Dunes access road 

crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river. 

‘‘(197) OWENS RIVER HEADWATERS, CALIFORNIA.—The following segments of the 

Owens River in the State of California, to be 

administered by the Secretary of Agriculture: 

‘‘(A) The 2.3-mile segment of Deadman 

Creek from the 2-forked source east of San 

Joaquin Peak to the confluence with the 

unnamed tributary flowing north into 

Deadman Creek from sec. 12, T. 3 S., R. 26 E., 

as a wild river. 

‘‘(B) The 2.3-mile segment of Deadman 

Creek from the unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to the 

Road 3S22 crossing, as a scenic river. 

‘‘(C) The 4.1-mile segment of Deadman 

Creek from the Road 3S22 crossing to .25 

miles downstream of the Highway 395 crossing, as a recreational river. 

‘‘(D) The 3-mile segment of Deadman Creek 

from .25 miles downstream of the Highway 

395 crossing to 100 feet upstream of Big 

Springs, as a scenic river. 

‘‘(E) The 1-mile segment of the Upper 

Owens River from 100 feet upstream of Big 

Springs to the private property boundary in 

sec. 19, T. 2 S., R. 28 E., as a recreational 

river. 

‘‘(F) The 4-mile segment of Glass Creek 

from its 2-forked source to 100 feet upstream 

of the Glass Creek Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a wild 

river. 

‘‘(G) The 1.3-mile segment of Glass Creek 

from 100 feet upstream of the trailhead parking area in sec. 29 to the end of Glass Creek 

Road in sec. 21, T. 2 S., R. 27 E., as a scenic 

river. 

‘‘(H) The 1.1-mile segment of Glass Creek 

from the end of Glass Creek Road in sec. 21, 

T. 2 S., R. 27 E., to the confluence with 

Deadman Creek, as a recreational river. 

‘‘(198) COTTONWOOD CREEK, CALIFORNIA.— 

The following segments of Cottonwood Creek 

in the State of California: 

‘‘(A) The 17.4-mile segment from its headwaters at the spring in sec. 27, T 4 S., R. 34 

E., to the Inyo National Forest boundary at 

the east section line of sec 3, T. 6 S., R. 36 E., 

as a wild river to be administered by the Secretary of Agriculture. 

‘‘(B) The 4.1-mile segment from the Inyo 

National Forest boundary to the northern 

boundary of sec. 5, T.4 S., R. 34 E., as a recreational river, to be administered by the 

Secretary of the Interior. 

‘‘(199) PIRU CREEK, CALIFORNIA.—The following segments of Piru Creek in the State 

of California, to be administered by the Secretary of Agriculture: 

‘‘(A) The 3-mile segment of Piru Creek 

from 0.5 miles downstream of Pyramid Dam 

at the first bridge crossing to the boundary 

of the Sespe Wilderness, as a recreational 

river. 

‘‘(B) The 4.25-mile segment from the 

boundary of the Sespe Wilderness to the 

boundary between Los Angeles and Ventura 

Counties, as a wild river.’’. 

(b) EFFECT.—The designation of Piru Creek 

under subsection (a) shall not affect valid 

rights in existence on the date of enactment 

of this Act. 

SEC. 1806. BRIDGEPORT WINTER RECREATION 

AREA. 

(a) DESIGNATION.—The approximately 7,254 

acres of land in the Humboldt-Toiyabe National Forest identified as the ‘‘Bridgeport 

Winter Recreation Area’’, as generally depicted on the map entitled ‘‘HumboldtToiyabe National Forest Proposed Management’’ and dated September 17, 2008, is designated as the Bridgeport Winter Recreation 

Area. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and legal description of the Recreation Area with— 

(A) the Committee on Natural Resources of 

the House of Representatives; and 

(B) the Committee on Energy and Natural 

Resources of the Senate. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Forest Service. 

(c) MANAGEMENT.— 

(1) INTERIM MANAGEMENT.—Until completion of the management plan required under 

subsection (d), and except as provided in 

paragraph (2), the Recreation Area shall be 

managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of 

enactment of this Act). 

(2) USE OF SNOWMOBILES.—The winter use 

of snowmobiles shall be allowed in the 

Recreation Area— 

(A) during periods of adequate snow coverage during the winter season; and 

(B) subject to any terms and conditions determined to be necessary by the Secretary. 

(d) MANAGEMENT PLAN.—To ensure the 

sound management and enforcement of the 

Recreation Area, the Secretary shall, not 

later than 1 year after the date of enactment 

of this Act, undergo a public process to develop a winter use management plan that 

provides for— 

(1) adequate signage; 

(2) a public education program on allowable usage areas; 

(3) measures to ensure adequate sanitation; 

(4) a monitoring and enforcement strategy; 

and 

(5) measures to ensure the protection of 

the Trail. 

(e) ENFORCEMENT.—The Secretary shall 

prioritize enforcement activities in the 

Recreation Area— 

(1) to prohibit degradation of natural resources in the Recreation Area; 

(2) to prevent interference with nonmotorized recreation on the Trail; and 

(3) to reduce user conflicts in the Recreation Area. 

(f) PACIFIC CREST NATIONAL SCENIC

TRAIL.—The Secretary shall establish an appropriate snowmobile crossing point along 

the Trail in the area identified as ‘‘Pacific 

Crest Trail Proposed Crossing Area’’ on the 

map entitled ‘‘Humboldt-Toiyable National 


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S450 CONGRESSIONAL RECORD — SENATE January 15, 2009 

Forest Proposed Management’’ and dated 

September 17, 2008— 

(1) in accordance with— 

(A) the National Trails System Act (16 

U.S.C. 1241 et seq.); and 

(B) any applicable environmental and public safety laws; and 

(2) subject to the terms and conditions the 

Secretary determines to be necessary to ensure that the crossing would not— 

(A) interfere with the nature and purposes 

of the Trail; or 

(B) harm the surrounding landscape. 

SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL FOREST. 

Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 

3,690 acres identified as ‘‘Pickel Hill Management Area’’, as generally depicted on the 

map entitled ‘‘Humboldt-Toiyabe National 

Forest Proposed Management’’ and dated 

September 17, 2008, shall be managed in a 

manner consistent with the non-Wilderness 

forest areas immediately surrounding the 

Pickel Hill Management Area, including the 

allowance of snowmobile use. 

SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 

(a) DESIGNATION.—To conserve and protect 

the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure 

the survival of the Pines for the purposes of 

public enjoyment and scientific study, the 

approximately 31,700 acres of public land in 

the State, as generally depicted on the map 

entitled ‘‘Ancient Bristlecone Pine Forest— 

Proposed’’ and dated July 16, 2008, is designated as the ‘‘Ancient Bristlecone Pine 

Forest’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable, 

but not later than 3 years after the date of 

enactment of this Act, the Secretary shall 

file a map and legal description of the Forest 

with— 

(A) the Committee on Natural Resources of 

the House of Representatives; and 

(B) the Committee on Energy and Natural 

Resources of the Senate. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have 

the same force and effect as if included in 

this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the appropriate offices of the 

Forest Service. 

(c) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall administer the Forest— 

(A) in a manner that— 

(i) protect the resources and values of the 

area in accordance with the purposes for 

which the Forest is established, as described 

in subsection (a); and 

(ii) promotes the objectives of the applicable management plan (as in effect on the 

date of enactment of this Act), including objectives relating to— 

(I) the protection of bristlecone pines for 

public enjoyment and scientific study; 

(II) the recognition of the botanical, scenic, and historical values of the area; and 

(III) the maintenance of near-natural conditions by ensuring that all activities are 

subordinate to the needs of protecting and 

preserving bristlecone pines and wood remnants; and 

(B) in accordance with the National Forest 

Management Act of 1976 (16 U.S.C. 1600 et 

seq.), this section, and any other applicable 

laws. 

(2) USES.— 

(A) IN GENERAL.—The Secretary shall allow 

only such uses of the Forest as the Secretary 

determines would further the purposes for 

which the Forest is established, as described 

in subsection (a). 

(B) SCIENTIFIC RESEARCH.—Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land 

and Resource Management Plan (as in effect 

on the date of enactment of this Act). 

(3) WITHDRAWAL.—Subject to valid existing 

rights, all Federal land within the Forest is 

withdrawn from— 

(A) all forms of entry, appropriation or disposal under the public land laws; 

(B) location, entry, and patent under the 

mining laws; and 

(C) disposition under all laws relating to 

mineral and geothermal leasing or mineral 

materials. 

Subtitle L—Riverside County Wilderness, 

California 

SEC. 1851. WILDERNESS DESIGNATION. 

(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Secretary’’ means— 

(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and 

(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. 

(b) DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.— 

(1) DESIGNATIONS.— 

(A) AGUA TIBIA WILDERNESS ADDITIONS.—In 

accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 2,053 acres, 

as generally depicted on the map titled ‘‘Proposed Addition to Agua Tibia Wilderness’’, 

and dated May 9, 2008, is designated as wilderness and is incorporated in, and shall be 

deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public 

Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note). 

(B) CAHUILLA MOUNTAIN WILDERNESS.—In 

accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land in the San 

Bernardino National Forest, California, comprising approximately 5,585 acres, as generally depicted on the map titled ‘‘Cahuilla 

Mountain Proposed Wilderness’’, and dated 

May 1, 2008, is designated as wilderness and, 

therefore, as a component of the National 

Wilderness Preservation System, which shall 

be known as the ‘‘Cahuilla Mountain Wilderness’’. 

(C) SOUTH FORK SAN JACINTO WILDERNESS.— 

In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land in the San 

Bernardino National Forest, California, comprising approximately 20,217 acres, as generally depicted on the map titled ‘‘South 

Fork San Jacinto Proposed Wilderness’’, and 

dated May 1, 2008, is designated as wilderness 

and, therefore, as a component of the National Wilderness Preservation System, 

which shall be known as the ‘‘South Fork 

San Jacinto Wilderness’’. 

(D) SANTA ROSA WILDERNESS ADDITIONS.—In 

accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land in the San 

Bernardino National Forest, California, and 

certain land administered by the Bureau of 

Land Management in Riverside County, California, comprising approximately 2,149 acres, 

as generally depicted on the map titled 

‘‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness 

Addition’’, and dated March 12, 2008, is designated as wilderness and is incorporated in, 

and shall be deemed to be a part of, the 

Santa Rosa Wilderness designated by section 

101(a)(28) of Public Law 98–425 (98 Stat. 1623; 

16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 103–433 

(108 Stat. 4472; 16 U.S.C. 1132 note). 

(E) BEAUTY MOUNTAIN WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), certain land administered by 

the Bureau of Land Management in Riverside County, California, comprising approximately 15,621 acres, as generally depicted on 

the map titled ‘‘Beauty Mountain Proposed 

Wilderness’’, and dated April 3, 2007, is designated as wilderness and, therefore, as a 

component of the National Wilderness Preservation System, which shall be known as 

the ‘‘Beauty Mountain Wilderness’’. 

(F) JOSHUA TREE NATIONAL PARK WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 

land in Joshua Tree National Park, comprising approximately 36,700 acres, as generally depicted on the map numbered 156/ 

80,055, and titled ‘‘Joshua Tree National 

Park Proposed Wilderness Additions’’, and 

dated March 2008, is designated as wilderness 

and is incorporated in, and shall be deemed 

to be a part of, the Joshua Tree Wilderness 

designated by section 1(g) of Public Law 94– 

567 (90 Stat. 2692; 16 U.S.C. 1132 note). 

(G) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS.—In accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 4,635 acres, as generally depicted on the map titled ‘‘Orocopia 

Mountains Proposed Wilderness Addition’’, 

and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be 

deemed to be a part of, the Orocopia Mountains Wilderness as designated by paragraph 

(44) of section 102 of Public Law 103–433 (108 

Stat. 4472; 16 U.S.C. 1132 note), except that 

the wilderness boundaries established by this 

subsection in Township 7 South, Range 13 

East, exclude— 

(i) a corridor 250 feet north of the centerline of the Bradshaw Trail; 

(ii) a corridor 250 feet from both sides of 

the centerline of the vehicle route in the 

unnamed wash that flows between the Eagle 

Mountain Railroad on the south and the existing Orocopia Mountains Wilderness 

boundary; and 

(iii) a corridor 250 feet from both sides of 

the centerline of the vehicle route in the 

unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the 

south and the existing Orocopia Mountains 

Wilderness boundary. 

(H) PALEN/MCCOY WILDERNESS ADDITIONS.— 

In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in 

Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, and dated May 

8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a 

part of, the Palen/McCoy Wilderness as designated by paragraph (47) of section 102 of 

Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 

1132 note). 

(I) PINTO MOUNTAINS WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), certain land administered by 

the Bureau of Land Management in Riverside County, California, comprising approximately 24,404 acres, as generally depicted on 

the map titled ‘‘Pinto Mountains Proposed 

Wilderness’’, and dated February 21, 2008, is 

designated as wilderness and, therefore, as a 

component of the National Wilderness Preservation System, which shall be known as 

the ‘‘Pinto Mountains Wilderness’’. 


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(J) CHUCKWALLA MOUNTAINS WILDERNESS

ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 

administered by the Bureau of Land Management in Riverside County, California, comprising approximately 12,815 acres, as generally depicted on the map titled 

‘‘Chuckwalla Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, 

and shall be deemed to be a part of the 

Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of 

Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 

1132 note). 

(2) MAPS AND DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable 

after the date of the enactment of this Act, 

the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this section with 

the Committee on Natural Resources of the 

House of Representatives and the Committee 

on Energy and Natural Resources of the Senate. 

(B) FORCE OF LAW.—A map and legal description filed under subparagraph (A) shall 

have the same force and effect as if included 

in this section, except that the Secretary 

may correct errors in the map and legal description. 

(C) PUBLIC AVAILABILITY.—Each map and 

legal description filed under subparagraph 

(A) shall be filed and made available for public inspection in the appropriate office of the 

Secretary. 

(3) UTILITY FACILITIES.—Nothing in this 

section prohibits the construction, operation, or maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section. 

(c) JOSHUA TREE NATIONAL PARK POTENTIAL

WILDERNESS.— 

(1) DESIGNATION OF POTENTIAL WILDERNESS.—Certain land in the Joshua Tree National Park, comprising approximately 43,300 

acres, as generally depicted on the map numbered 156/80,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness Additions’’, 

and dated March 2008, is designated potential 

wilderness and shall be managed by the Secretary of the Interior insofar as practicable 

as wilderness until such time as the land is 

designated as wilderness pursuant to paragraph (2). 

(2) DESIGNATION AS WILDERNESS.—The land 

designated potential wilderness by paragraph 

(1) shall be designated as wilderness and incorporated in, and be deemed to be a part of, 

the Joshua Tree Wilderness designated by 

section 1(g) of Public Law 94–567 (90 Stat. 

2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in 

the Federal Register of a notice that— 

(A) all uses of the land within the potential 

wilderness prohibited by the Wilderness Act 

(16 U.S.C. 1131 et seq.) have ceased; and 

(B) sufficient inholdings within the boundaries of the potential wilderness have been 

acquired to establish a manageable wilderness unit. 

(3) MAP AND DESCRIPTION.— 

(A) IN GENERAL.—As soon as practicable 

after the date on which the notice required 

by paragraph (2) is published in the Federal 

Register, the Secretary shall file a map and 

legal description of the land designated as 

wilderness and potential wilderness by this 

section with the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate. 

(B) FORCE OF LAW.—The map and legal description filed under subparagraph (A) shall 

have the same force and effect as if included 

in this section, except that the Secretary 

may correct errors in the map and legal description. 

(C) PUBLIC AVAILABILITY.—Each map and 

legal description filed under subparagraph 

(A) shall be filed and made available for public inspection in the appropriate office of the 

Secretary. 

(d) ADMINISTRATION OF WILDERNESS.— 

(1) MANAGEMENT.—Subject to valid existing 

rights, the land designated as wilderness or 

as a wilderness addition by this section shall 

be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), except that— 

(A) any reference in that Act to the effective date of that Act shall be deemed to be a 

reference to— 

(i) the date of the enactment of this Act; or 

(ii) in the case of the wilderness addition 

designated by subsection (c), the date on 

which the notice required by such subsection 

is published in the Federal Register; and 

(B) any reference in that Act to the Secretary of Agriculture shall be deemed to be a 

reference to the Secretary that has jurisdiction over the land. 

(2) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land within the boundaries 

of a wilderness area or wilderness addition 

designated by this section that is acquired 

by the United States shall— 

(A) become part of the wilderness area in 

which the land is located; and 

(B) be managed in accordance with this 

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

seq.), and any other applicable law. 

(3) WITHDRAWAL.—Subject to valid rights 

in existence on the date of enactment of this 

Act, the land designated as wilderness by 

this section is withdrawn from all forms of— 

(A) entry, appropriation, or disposal under 

the public land laws; 

(B) location, entry, and patent under the 

mining laws; and 

(C) disposition under all laws pertaining to 

mineral and geothermal leasing or mineral 

materials. 

(4) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 

(A) IN GENERAL.—The Secretary may take 

such measures in a wilderness area or wilderness addition designated by this section as 

are necessary for the control of fire, insects, 

and diseases in accordance with section 

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

1133(d)(1)) and House Report 98–40 of the 98th 

Congress. 

(B) FUNDING PRIORITIES.—Nothing in this 

section limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this section. 

(C) REVISION AND DEVELOPMENT OF LOCAL

FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall amend the local fire 

management plans that apply to the land 

designated as a wilderness area or wilderness 

addition by this section. 

(D) ADMINISTRATION.—Consistent with subparagraph (A) and other applicable Federal 

law, to ensure a timely and efficient response to fire emergencies in the wilderness 

areas and wilderness additions designated by 

this section, the Secretary shall— 

(i) not later than 1 year after the date of 

enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and 

(ii) enter into agreements with appropriate 

State or local firefighting agencies. 

(5) GRAZING.—Grazing of livestock in a wilderness area or wilderness addition designated by this section shall be administered 

in accordance with the provisions of section 

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

1133(d)(4)) and the guidelines set forth in 

House Report 96–617 to accompany H.R. 5487 

of the 96th Congress. 

(6) NATIVE AMERICAN USES AND INTERESTS.— 

(A) ACCESS AND USE.—To the extent practicable, the Secretary shall ensure access to 

the Cahuilla Mountain Wilderness by members of an Indian tribe for traditional cultural purposes. In implementing this paragraph, the Secretary, upon the request of an 

Indian tribe, may temporarily close to the 

general public use of one or more specific 

portions of the wilderness area in order to 

protect the privacy of traditional cultural 

activities in such areas by members of the 

Indian tribe. Any such closure shall be made 

to affect the smallest practicable area for 

the minimum period necessary for such purposes. Such access shall be consistent with 

the purpose and intent of Public Law 95–341 

(42 U.S.C. 1996), commonly referred to as the 

American Indian Religious Freedom Act, and 

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

(B) INDIAN TRIBE DEFINED.—In this paragraph, the term ‘‘Indian tribe’’ means any 

Indian tribe, band, nation, or other organized 

group or community of Indians which is recognized as eligible by the Secretary of the 

Interior for the special programs and services provided by the United States to Indians 

because of their status as Indians. 

(7) MILITARY ACTIVITIES.—Nothing in this 

section precludes— 

(A) low-level overflights of military aircraft over the wilderness areas or wilderness 

additions designated by this section; 

(B) the designation of new units of special 

airspace over the wilderness areas or wilderness additions designated by this section; or 

(C) the use or establishment of military 

flight training routes over wilderness areas 

or wilderness additions designated by this 

section. 

SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, CALIFORNIA. 

Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 

1805) is amended by adding at the end the following new paragraphs: 

‘‘(200) NORTH FORK SAN JACINTO RIVER, 

CALIFORNIA.—The following segments of the 

North Fork San Jacinto River in the State 

of California, to be administered by the Secretary of Agriculture: 

‘‘(A) The 2.12-mile segment from the source 

of the North Fork San Jacinto River at Deer 

Springs in Mt. San Jacinto State Park to the 

State Park boundary, as a wild river. 

‘‘(B) The 1.66-mile segment from the Mt. 

San Jacinto State Park boundary to the 

Lawler Park boundary in section 26, township 4 south, range 2 east, San Bernardino 

meridian, as a scenic river. 

‘‘(C) The 0.68-mile segment from the 

Lawler Park boundary to its confluence with 

Fuller Mill Creek, as a recreational river. 

‘‘(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles 

upstream of the 5S09 road crossing, as a wild 

river. 

‘‘(E) The 0.6-mile segment from .25 miles 

upstream of the 5S09 road crossing to its 

confluence with Stone Creek, as a scenic 

river. 

‘‘(F) The 2.91-mile segment from the Stone 

Creek confluence to the northern boundary 

of section 17, township 5 south, range 2 east, 

San Bernardino meridian, as a wild river. 

‘‘(201) FULLER MILL CREEK, CALIFORNIA.— 

The following segments of Fuller Mill Creek 

in the State of California, to be administered 

by the Secretary of Agriculture: 

‘‘(A) The 1.2-mile segment from the source 

of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary 

in section 13, township 4 south, range 2 east, 

San Bernardino meridian, as a scenic river. 


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‘‘(B) The 0.9-mile segment in the Pine 

Wood property, as a recreational river. 

‘‘(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino 

meridian, to its confluence with the North 

Fork San Jacinto River, as a scenic river. 

‘‘(202) PALM CANYON CREEK, CALIFORNIA.— 

The 8.1-mile segment of Palm Canyon Creek 

in the State of California from the southern 

boundary of section 6, township 7 south, 

range 5 east, San Bernardino meridian, to 

the San Bernardino National Forest boundary in section 1, township 6 south, range 4 

east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a 

wild river, and the Secretary shall enter into 

a cooperative management agreement with 

the Agua Caliente Band of Cahuilla Indians 

to protect and enhance river values. 

‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 

9.8-mile segment of Bautista Creek in the 

State of California from the San Bernardino 

National Forest boundary in section 36, 

township 6 south, range 2 east, San 

Bernardino meridian, to the San Bernardino 

National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino 

meridian, to be administered by the Secretary of Agriculture as a recreational 

river.’’. 

SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 

JACINTO MOUNTAINS NATIONAL 

MONUMENT. 

(a) BOUNDARY ADJUSTMENT, SANTA ROSA

AND SAN JACINTO MOUNTAINS NATIONAL

MONUMENT.—Section 2 of the Santa Rosa and 

San Jacinto Mountains National Monument 

Act of 2000 (Public Law 106–351; 114 U.S.C. 

1362; 16 U.S.C. 431 note) is amended by adding 

at the end the following new subsection: 

‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the land described in subsection (c), 

the boundaries of the National Monument 

shall include the following lands identified 

as additions to the National Monument on 

the map titled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa 

Wilderness Addition’, and dated March 12, 

2008: 

‘‘(1) The ‘Santa Rosa Peak Area Monument 

Expansion’. 

‘‘(2) The ‘Snow Creek Area Monument Expansion’. 

‘‘(3) The ‘Tahquitz Peak Area Monument 

Expansion’. 

‘‘(4) The ‘Southeast Area Monument Expansion’, which is designated as wilderness 

in section 512(d), and is thus incorporated 

into, and shall be deemed part of, the Santa 

Rosa Wilderness.’’. 

(b) TECHNICAL AMENDMENTS TO THE SANTA

ROSA AND SAN JACINTO MOUNTAINS NATIONAL

MONUMENT ACT OF 2000.—Section 7(d) of the 

Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 

106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is 

amended by striking ‘‘eight’’ and inserting 

‘‘a majority of the appointed’’. 

Subtitle M—Sequoia and Kings Canyon 

National Parks Wilderness, California 

SEC. 1901. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of the Interior. 

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

State of California. 

SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 

In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the following areas in the 

State are designated as wilderness areas and 

as components of the National Wilderness 

Preservation System: 

(1) JOHN KREBS WILDERNESS.— 

(A) DESIGNATION.—Certain land in Sequoia 

and Kings Canyon National Parks, comprising approximately 39,740 acres of land, 

and 130 acres of potential wilderness additions as generally depicted on the map numbered 102/60014b, titled ‘‘John Krebs Wilderness’’, and dated September 16, 2008. 

(B) EFFECT.—Nothing in this paragraph affects— 

(i) the cabins in, and adjacent to, Mineral 

King Valley; or 

(ii) the private inholdings known as ‘‘Silver City’’ and ‘‘Kaweah Han’’. 

(C) POTENTIAL WILDERNESS ADDITIONS.—The 

designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance, and repair 

of the small check dams and water impoundments on Lower Franklin Lake, Crystal 

Lake, Upper Monarch Lake, and Eagle Lake. 

The Secretary is authorized to allow the use 

of helicopters for the operation, maintenance, and repair of the small check dams 

and water impoundments on Lower Franklin 

Lake, Crystal Lake, Upper Monarch Lake, 

and Eagle Lake. The potential wilderness additions shall be designated as wilderness and 

incorporated into the John Krebs Wilderness 

established by this section upon termination 

of the non-conforming uses. 

(2) SEQUOIA-KINGS CANYON WILDERNESS ADDITION.—Certain land in Sequoia and Kings 

Canyon National Parks, California, comprising approximately 45,186 acres as generally depicted on the map titled ‘‘SequoiaKings Canyon Wilderness Addition’’, numbered 102/60015a, and dated March 10, 2008, is 

incorporated in, and shall be considered to be 

a part of, the Sequoia-Kings Canyon Wilderness. 

(3) RECOMMENDED WILDERNESS.—Land in 

Sequoia and Kings Canyon National Parks 

that was managed as of the date of enactment of this Act as recommended or proposed wilderness but not designated by this 

section as wilderness shall continue to be 

managed as recommended or proposed wilderness, as appropriate. 

SEC. 1903. ADMINISTRATION OF WILDERNESS 

AREAS. 

(a) IN GENERAL.—Subject to valid existing 

rights, each area designated as wilderness by 

this subtitle shall be administered by the 

Secretary in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), except that any 

reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon as practicable, but not later 

than 3 years, after the date of enactment of 

this Act, the Secretary shall file a map and 

legal description of each area designated as 

wilderness by this subtitle with— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(2) FORCE AND EFFECT.—The map and legal 

description filed under paragraph (1) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct any clerical or typographical 

error in the map or legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description filed under paragraph (1) 

shall be on file and available for public inspection in the Office of the Secretary. 

(c) HYDROLOGIC, METEOROLOGIC, AND CLIMATOLOGICAL DEVICES, FACILITIES, AND ASSOCIATED EQUIPMENT.—The Secretary shall continue to manage maintenance and access to 

hydrologic, meteorologic, and climatological 

devices, facilities and associated equipment 

consistent with House Report 98–40. 

(d) AUTHORIZED ACTIVITIES OUTSIDE WILDERNESS.—Nothing in this subtitle precludes 

authorized activities conducted outside of an 

area designated as wilderness by this subtitle by cabin owners (or designees) in the 

Mineral King Valley area or property owners 

or lessees (or designees) in the Silver City 

inholding, as identified on the map described 

in section 1902(1)(A). 

(e) HORSEBACK RIDING.—Nothing in this 

subtitle precludes horseback riding in, or the 

entry of recreational or commercial saddle 

or pack stock into, an area designated as 

wilderness by this subtitle— 

(1) in accordance with section 4(d)(5) of the 

Wilderness Act (16 U.S.C. 1133(d)(5)); and 

(2) subject to any terms and conditions determined to be necessary by the Secretary. 

SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle N—Rocky Mountain National Park 

Wilderness, Colorado 

SEC. 1951. DEFINITIONS. 

In this subtitle: 

(1) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Rocky Mountain National Park 

Wilderness Act of 2007’’ and dated September 

2006. 

(2) PARK.—The term ‘‘Park’’ means Rocky 

Mountain National Park located in the State 

of Colorado. 

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

means the Secretary of the Interior. 

(4) TRAIL.—The term ‘‘Trail’’ means the 

East Shore Trail established under section 

1954(a). 

(5) WILDERNESS.—The term ‘‘Wilderness’’ 

means the wilderness designated by section 

1952(a). 

SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK 

WILDERNESS, COLORADO. 

(a) DESIGNATION.—In furtherance of the 

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

et seq.), there is designated as wilderness and 

as a component of the National Wilderness 

Preservation System approximately 249,339 

acres of land in the Park, as generally depicted on the map. 

(b) MAP AND BOUNDARY DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall— 

(A) prepare a map and boundary description of the Wilderness; and 

(B) submit the map and boundary description prepared under subparagraph (A) to the 

Committee on Energy and Natural Resources 

of the Senate and the Committee on Natural 

Resources of the House of Representatives. 

(2) AVAILABILITY; FORCE OF LAW.—The map 

and boundary description submitted under 

paragraph (1)(B) shall— 

(A) be on file and available for public inspection in appropriate offices of the National Park Service; and 

(B) have the same force and effect as if included in this subtitle. 

(c) INCLUSION OF POTENTIAL WILDERNESS.— 

(1) IN GENERAL.—On publication in the Federal Register of a notice by the Secretary 

that all uses inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased 

on the land identified on the map as a ‘‘Potential Wilderness Area’’, the land shall be— 

(A) included in the Wilderness; and 

(B) administered in accordance with subsection (e). 

(2) BOUNDARY DESCRIPTION.—On inclusion 

in the Wilderness of the land referred to in 

paragraph (1), the Secretary shall modify the 

map and boundary description submitted 

under subsection (b) to reflect the inclusion 

of the land. 

(d) EXCLUSION OF CERTAIN LAND.—The following areas are specifically excluded from 

the Wilderness: 

(1) The Grand River Ditch (including the 

main canal of the Grand River Ditch and a 


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branch of the main canal known as the Specimen Ditch), the right-of-way for the Grand 

River Ditch, land 200 feet on each side of the 

center line of the Grand River Ditch, and 

any associated appurtenances, structures, 

buildings, camps, and work sites in existence 

as of June 1, 1998. 

(2) Land owned by the St. Vrain & Left 

Hand Water Conservancy District, including 

Copeland Reservoir and the Inlet Ditch to 

the Reservoir from North St. Vrain Creek, 

comprising approximately 35.38 acres. 

(3) Land owned by the Wincenstsen-Harms 

Trust, comprising approximately 2.75 acres. 

(4) Land within the area depicted on the 

map as the ‘‘East Shore Trail Area’’. 

(e) ADMINISTRATION.—Subject to valid existing rights, any land designated as wilderness under this section or added to the Wilderness after the date of enactment of this 

Act under subsection (c) shall be administered by the Secretary in accordance with 

this subtitle and the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(1) any reference in the Wilderness Act (16 

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

that Act shall be considered to be a reference 

to the date of enactment of this Act, or the 

date on which the additional land is added to 

the Wilderness, respectively; and 

(2) any reference in the Wilderness Act (16 

U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference 

to the Secretary. 

(f) WATER RIGHTS.— 

(1) FINDINGS.—Congress finds that— 

(A) the United States has existing rights to 

water within the Park; 

(B) the existing water rights are sufficient 

for the purposes of the Wilderness; and 

(C) based on the findings described in subparagraphs (A) and (B), there is no need for 

the United States to reserve or appropriate 

any additional water rights to fulfill the purposes of the Wilderness. 

(2) EFFECT.—Nothing in this subtitle— 

(A) constitutes an express or implied reservation by the United States of water or 

water rights for any purpose; or 

(B) modifies or otherwise affects any existing water rights held by the United States 

for the Park. 

(g) FIRE, INSECT, AND DISEASE CONTROL.— 

The Secretary may take such measures in 

the Wilderness as are necessary to control 

fire, insects, and diseases, as are provided for 

in accordance with— 

(1) the laws applicable to the Park; and 

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

seq.). 

SEC. 1953. GRAND RIVER DITCH AND COLORADOBIG THOMPSON PROJECTS. 

(a) CONDITIONAL WAIVER OF STRICT LIABILITY.—During any period in which the Water 

Supply and Storage Company (or any successor in interest to the company with respect to the Grand River Ditch) operates and 

maintains the portion of the Grand River 

Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907— 

(1) shall be suspended; and 

(2) shall not be enforceable against the 

Company (or any successor in interest). 

(b) AGREEMENT.—The agreement referred 

to in subsection (a) shall— 

(1) ensure that— 

(A) Park resources are managed in accordance with the laws generally applicable to 

the Park, including— 

(i) the Act of January 26, 1915 (16 U.S.C. 191 

et seq.); and 

(ii) the National Park Service Organic Act 

(16 U.S.C. 1 et seq.); 

(B) Park land outside the right-of-way corridor remains unimpaired consistent with 

the National Park Service management policies in effect as of the date of enactment of 

this Act; and 

(C) any use of Park land outside the rightof-way corridor (as of the date of enactment 

of this Act) shall be permitted only on a 

temporary basis, subject to such terms and 

conditions as the Secretary determines to be 

necessary; and 

(2) include stipulations with respect to— 

(A) flow monitoring and early warning 

measures; 

(B) annual and periodic inspections; 

(C) an annual maintenance plan; 

(D) measures to identify on an annual basis 

capital improvement needs; and 

(E) the development of plans to address the 

needs identified under subparagraph (D). 

(c) LIMITATION.—Nothing in this section 

limits or otherwise affects— 

(1) the liability of any individual or entity 

for damages to, loss of, or injury to any resource within the Park resulting from any 

cause or event that occurred before the date 

of enactment of this Act; or 

(2) Public Law 101–337 (16 U.S.C. 19jj et 

seq.), including the defenses available under 

that Act for damage caused— 

(A) solely by— 

(i) an act of God; 

(ii) an act of war; or 

(iii) an act or omission of a third party 

(other than an employee or agent); or 

(B) by an activity authorized by Federal or 

State law. 

(d) COLORADO-BIG THOMPSON PROJECT AND

WINDY GAP PROJECT.— 

(1) IN GENERAL.—Nothing in this subtitle, 

including the designation of the Wilderness, 

prohibits or affects current and future operation and maintenance activities in, under, 

or affecting the Wilderness that were allowed 

as of the date of enactment of this Act under 

the Act of January 26, 1915 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other 

Colorado–Big Thompson Project facilities located within the Park. 

(2) ALVA B. ADAMS TUNNEL.—Nothing in 

this subtitle, including the designation of 

the Wilderness, prohibits or restricts the 

conveyance of water through the Alva B. 

Adams Tunnel for any purpose. 

(e) RIGHT-OF-WAY.—Notwithstanding the 

Act of March 3, 1891 (43 U.S.C. 946) and the 

Act of May 11, 1898 (43 U.S.C. 951), the right 

of way for the Grand River Ditch shall not be 

terminated, forfeited, or otherwise affected 

as a result of the water transported by the 

Grand River Ditch being used primarily for 

domestic purposes or any purpose of a public 

nature, unless the Secretary determines that 

the change in the main purpose or use adversely affects the Park. 

(f) NEW RECLAMATION PROJECTS.—Nothing 

in the first section of the Act of January 26, 

1915 (16 U.S.C. 191), shall be construed to 

allow development in the Wilderness of any 

reclamation project not in existence as of 

the date of enactment of this Act. 

(g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in this section reduces or 

limits the authority of the Secretary to 

manage land and resources within the Park 

under applicable law. 

SEC. 1954. EAST SHORE TRAIL AREA. 

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

after the date of enactment of this Act, the 

Secretary shall establish within the East 

Shore Trail Area in the Park an alignment 

line for a trail, to be known as the ‘‘East 

Shore Trail’’, to maximize the opportunity 

for sustained use of the Trail without causing— 

(1) harm to affected resources; or 

(2) conflicts among users. 

(b) BOUNDARIES.— 

(1) IN GENERAL.—After establishing the 

alignment line for the Trail under subsection 

(a), the Secretary shall— 

(A) identify the boundaries of the Trail, 

which shall not extend more than 25 feet east 

of the alignment line or be located within 

the Wilderness; and 

(B) modify the map of the Wilderness prepared under section 1952(b)(1)(A) so that the 

western boundary of the Wilderness is 50 feet 

east of the alignment line. 

(2) ADJUSTMENTS.—To the extent necessary 

to protect Park resources, the Secretary 

may adjust the boundaries of the Trail, if the 

adjustment does not place any portion of the 

Trail within the boundary of the Wilderness. 

(c) INCLUSION IN WILDERNESS.—On completion of the construction of the Trail, as authorized by the Secretary— 

(1) any portion of the East Shore Trail 

Area that is not traversed by the Trail, that 

is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall 

be— 

(A) included in the Wilderness; and 

(B) managed as part of the Wilderness in 

accordance with section 1952; and 

(2) the Secretary shall modify the map and 

boundary description of the Wilderness prepared under section 1952(b)(1)(A) to reflect 

the inclusion of the East Shore Trail Area 

land in the Wilderness. 

(d) EFFECT.—Nothing in this section— 

(1) requires the construction of the Trail 

along the alignment line established under 

subsection (a); or 

(2) limits the extent to which any otherwise applicable law or policy applies to any 

decision with respect to the construction of 

the Trail. 

(e) RELATION TO LAND OUTSIDE WILDERNESS.— 

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

subsection, nothing in this subtitle affects 

the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land. 

(2) MOTORIZED VEHICLES AND MACHINERY.— 

No use of motorized vehicles or other motorized machinery that was not permitted on 

March 1, 2006, shall be allowed in the East 

Shore Trail Area except as the Secretary determines to be necessary for use in— 

(A) constructing the Trail, if the construction is authorized by the Secretary; or 

(B) maintaining the Trail. 

(3) MANAGEMENT OF LAND BEFORE INCLUSION.—Until the Secretary authorizes the 

construction of the Trail and the use of the 

Trail for non-motorized bicycles, the East 

Shore Trail Area shall be managed— 

(A) to protect any wilderness characteristics of the East Shore Trail Area; and 

(B) to maintain the suitability of the East 

Shore Trail Area for inclusion in the Wilderness. 

SEC. 1955. NATIONAL FOREST AREA BOUNDARY 

ADJUSTMENTS. 

(a) INDIAN PEAKS WILDERNESS BOUNDARY

ADJUSTMENT.—Section 3(a) of the Indian 

Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 

note; Public Law 95–450) is amended— 

(1) by striking ‘‘seventy thousand acres’’ 

and inserting ‘‘74,195 acres’’; and 

(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and dated May 2007’’. 

(b) ARAPAHO NATIONAL RECREATION AREA

BOUNDARY ADJUSTMENT.—Section 4(a) of the 

Indian Peaks Wilderness Area, the Arapaho 

National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 460jj(a)) 

is amended— 

(1) by striking ‘‘thirty-six thousand two 

hundred thirty-five acres’’ and inserting 

‘‘35,235 acres’’; and 

(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and dated May 2007’’. 


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SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 

(a) IN GENERAL.—Section 3(k) of Public 

Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to 

the parcel of land described in subsection (b). 

(b) DESCRIPTION OF THE LAND.—The parcel 

of land referred to in subsection (a) is the 

parcel of land known as the ‘‘Leiffer tract’’ 

that is— 

(1) located near the eastern boundary of 

the Park in Larimer County, Colorado; and 

(2) administered by the National Park 

Service. 

Subtitle O—Washington County, Utah 

SEC. 1971. DEFINITIONS. 

In this subtitle: 

(1) BEAVER DAM WASH NATIONAL CONSERVATION AREA MAP.—The term ‘‘Beaver Dam 

Wash National Conservation Area Map’’ 

means the map entitled ‘‘Beaver Dam Wash 

National Conservation Area’’ and dated December 18, 2008. 

(2) CANAAN MOUNTAIN WILDERNESS MAP.— 

The term ‘‘Canaan Mountain Wilderness 

Map’’ means the map entitled ‘‘Canaan 

Mountain Wilderness’’ and dated June 21, 

2008. 

(3) COUNTY.—The term ‘‘County’’ means 

Washington County, Utah. 

(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS MAP.—The term ‘‘Northeastern 

Washington County Wilderness Map’’ means 

the map entitled ‘‘Northeastern Washington 

County Wilderness’’ and dated November 12, 

2008. 

(5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS MAP.—The term ‘‘Northwestern 

Washington County Wilderness Map’’ means 

the map entitled ‘‘Northwestern Washington 

County Wilderness’’ and dated June 21, 2008. 

(6) RED CLIFFS NATIONAL CONSERVATION

AREA MAP.—The term ‘‘Red Cliffs National 

Conservation Area Map’’ means the map entitled ‘‘Red Cliffs National Conservation 

Area’’ and dated November 12, 2008. 

(7) SECRETARY.—The term ‘‘Secretary’’ 

means— 

(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and 

(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. 

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

State of Utah. 

(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT MAP.—The term ‘‘Washington 

County Growth and Conservation Act Map’’ 

means the map entitled ‘‘Washington County 

Growth and Conservation Act Map’’ and 

dated November 13, 2008. 

SEC. 1972. WILDERNESS AREAS. 

(a) ADDITIONS TO NATIONAL WILDERNESS

PRESERVATION SYSTEM.— 

(1) ADDITIONS.—Subject to valid existing 

rights, the following land in the State is designated as wilderness and as components of 

the National Wilderness Preservation System: 

(A) BEARTRAP CANYON.—Certain Federal 

land managed by the Bureau of Land Management, comprising approximately 40 acres, 

as generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Beartrap Canyon Wilderness’’. 

(B) BLACKRIDGE.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 13,015 acres, 

as generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Blackridge Wilderness’’. 

(C) CANAAN MOUNTAIN.—Certain Federal 

land in the County managed by the Bureau 

of Land Management, comprising approximately 44,531 acres, as generally depicted on 

the Canaan Mountain Wilderness Map, which 

shall be known as the ‘‘Canaan Mountain 

Wilderness’’. 

(D) COTTONWOOD CANYON.—Certain Federal 

land managed by the Bureau of Land Management, comprising approximately 11,712 

acres, as generally depicted on the Red Cliffs 

National Conservation Area Map, which 

shall be known as the ‘‘Cottonwood Canyon 

Wilderness’’. 

(E) COTTONWOOD FOREST.—Certain Federal 

land managed by the Forest Service, comprising approximately 2,643 acres, as generally depicted on the Red Cliffs National 

Conservation Area Map, which shall be 

known as the ‘‘Cottonwood Forest Wilderness’’. 

(F) COUGAR CANYON.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 10,409 acres, 

as generally depicted on the Northwestern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Cougar Canyon Wilderness’’. 

(G) DEEP CREEK.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 3,284 acres, 

as generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Deep Creek Wilderness’’. 

(H) DEEP CREEK NORTH.—Certain Federal 

land managed by the Bureau of Land Management, comprising approximately 4,262 

acres, as generally depicted on the Northeastern Washington County Wilderness Map, 

which shall be known as the ‘‘Deep Creek 

North Wilderness’’. 

(I) DOC’S PASS.—Certain Federal land managed by the Bureau of Land Management, 

comprising approximately 17,294 acres, as 

generally depicted on the Northwestern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Doc’s Pass Wilderness’’. 

(J) GOOSE CREEK.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 98 acres, as 

generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Goose Creek Wilderness’’. 

(K) LAVERKIN CREEK.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 445 acres, as 

generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘LaVerkin Creek Wilderness’’. 

(L) RED BUTTE.—Certain Federal land managed by the Bureau of Land Management, 

comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall 

be known as the ‘‘Red Butte Wilderness’’. 

(M) RED MOUNTAIN.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 18,729 acres, 

as generally depicted on the Red Cliffs National Conservation Area Map, which shall 

be known as the ‘‘Red Mountain Wilderness’’. 

(N) SLAUGHTER CREEK.—Certain Federal 

land managed by the Bureau of Land Management, comprising approximately 3,901 

acres, as generally depicted on the Northwestern Washington County Wilderness Map, 

which shall be known as the ‘‘Slaughter 

Creek Wilderness’’. 

(O) TAYLOR CREEK.—Certain Federal land 

managed by the Bureau of Land Management, comprising approximately 32 acres, as 

generally depicted on the Northeastern 

Washington County Wilderness Map, which 

shall be known as the ‘‘Taylor Creek Wilderness’’. 

(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall submit to the Committee on 

Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House of Representatives a map and 

legal description of each wilderness area designated by paragraph (1). 

(B) FORCE AND EFFECT.—Each map and 

legal description submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except 

that the Secretary may correct any clerical 

or typographical errors in the map or legal 

description. 

(C) AVAILABILITY.—Each map and legal description submitted under subparagraph (A) 

shall be available in the appropriate offices 

of— 

(i) the Bureau of Land Management; and 

(ii) the Forest Service. 

(b) ADMINISTRATION OF WILDERNESS

AREAS.— 

(1) MANAGEMENT.—Subject to valid existing 

rights, each area designated as wilderness by 

subsection (a)(1) shall be administered by the 

Secretary in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), except that— 

(A) any reference in the Wilderness Act to 

the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary that 

has jurisdiction over the land. 

(2) LIVESTOCK.—The grazing of livestock in 

each area designated as wilderness by subsection (a)(1), where established before the 

date of enactment of this Act, shall be permitted to continue— 

(A) subject to such reasonable regulations, 

policies, and practices that the Secretary 

considers necessary; and 

(B) in accordance with— 

(i) section 4(d)(4) of the Wilderness Act (16 

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

(ii) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H.Rep. 101–405) and H.R. 5487 

of the 96th Congress (H. Rept. 96–617). 

(3) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—In accordance with section 4(d)(1) of 

the Wilderness Act (16 U.S.C. 1133(d)(1)), the 

Secretary may take such measures in each 

area designated as wilderness by subsection 

(a)(1) as the Secretary determines to be necessary for the control of fire, insects, and 

diseases (including, as the Secretary determines to be appropriate, the coordination of 

those activities with a State or local agency). 

(4) BUFFER ZONES.— 

(A) IN GENERAL.—Nothing in this section 

creates a protective perimeter or buffer zone 

around any area designated as wilderness by 

subsection (a)(1). 

(B) ACTIVITIES OUTSIDE WILDERNESS.—The 

fact that an activity or use on land outside 

any area designated as wilderness by subsection (a)(1) can be seen or heard within the 

wilderness shall not preclude the activity or 

use outside the boundary of the wilderness. 

(5) MILITARY OVERFLIGHTS.—Nothing in 

this section restricts or precludes— 

(A) low-level overflights of military aircraft over any area designated as wilderness 

by subsection (a)(1), including military overflights that can be seen or heard within any 

wilderness area; 

(B) flight testing and evaluation; or 

(C) the designation or creation of new 

units of special use airspace, or the establishment of military flight training routes 

over any wilderness area. 

(6) ACQUISITION AND INCORPORATION OF LAND

AND INTERESTS IN LAND.— 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S455 

(A) ACQUISITION AUTHORITY.—In accordance 

with applicable laws (including regulations), 

the Secretary may acquire any land or interest in land within the boundaries of the wilderness areas designated by subsection (a)(1) 

by purchase from willing sellers, donation, 

or exchange. 

(B) INCORPORATION.—Any land or interest 

in land acquired by the Secretary under subparagraph (A) shall be incorporated into, and 

administered as a part of, the wilderness 

area in which the land or interest in land is 

located. 

(7) NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.—Nothing in this section diminishes— 

(A) the rights of any Indian tribe; or 

(B) any tribal rights regarding access to 

Federal land for tribal activities, including 

spiritual, cultural, and traditional food-gathering activities. 

(8) CLIMATOLOGICAL DATA COLLECTION.—In 

accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.) and subject to such terms 

and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, 

meteorologic, or climatological collection 

devices in the wilderness areas designated by 

subsection (a)(1) if the Secretary determines 

that the facilities and access to the facilities 

are essential to flood warning, flood control, 

or water reservoir operation activities. 

(9) WATER RIGHTS.— 

(A) STATUTORY CONSTRUCTION.—Nothing in 

this section— 

(i) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or 

water rights with respect to the land designated as wilderness by subsection (a)(1); 

(ii) shall affect any water rights in the 

State existing on the date of enactment of 

this Act, including any water rights held by 

the United States; 

(iii) shall be construed as establishing a 

precedent with regard to any future wilderness designations; 

(iv) shall affect the interpretation of, or 

any designation made pursuant to, any other 

Act; or 

(v) shall be construed as limiting, altering, 

modifying, or amending any of the interstate 

compacts or equitable apportionment decrees that apportion water among and between the State and other States. 

(B) STATE WATER LAW.—The Secretary 

shall follow the procedural and substantive 

requirements of the law of the State in order 

to obtain and hold any water rights not in 

existence on the date of enactment of this 

Act with respect to the wilderness areas designated by subsection (a)(1). 

(10) FISH AND WILDLIFE.— 

(A) JURISDICTION OF STATE.—Nothing in 

this section affects the jurisdiction of the 

State with respect to fish and wildlife on 

public land located in the State. 

(B) AUTHORITY OF SECRETARY.—In furtherance of the purposes and principles of the 

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

Secretary may carry out management activities to maintain or restore fish and wildlife populations (including activities to 

maintain and restore fish and wildlife habitats to support the populations) in any wilderness area designated by subsection (a)(1) 

if the activities are— 

(i) consistent with applicable wilderness 

management plans; and 

(ii) carried out in accordance with— 

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

seq.); and 

(II) applicable guidelines and policies, including applicable policies described in Appendix B of House Report 101–405. 

(11) WILDLIFE WATER DEVELOPMENT

PROJECTS.—Subject to paragraph (12), the 

Secretary may authorize structures and facilities, including existing structures and facilities, for wildlife water development 

projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if— 

(A) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, 

and more naturally distributed wildlife populations; and 

(B) the visual impacts of the structures 

and facilities on the wilderness areas can 

reasonably be minimized. 

(12) COOPERATIVE AGREEMENT.—Not later 

than 1 year after the date of enactment of 

this Act, the Secretary shall enter into a cooperative agreement with the State that 

specifies the terms and conditions under 

which wildlife management activities in the 

wilderness areas designated by subsection 

(a)(1) may be carried out. 

(c) RELEASE OF WILDERNESS STUDY

AREAS.— 

(1) FINDING.—Congress finds that, for the 

purposes of section 603 of the Federal Land 

Policy and Management Act of 1976 (43 

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

administered by the Bureau of Land Management has been adequately studied for wilderness designation. 

(2) RELEASE.—Any public land described in 

paragraph (1) that is not designated as wilderness by subsection (a)(1)— 

(A) is no longer subject to section 603(c) of 

the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782(c)); and 

(B) shall be managed in accordance with 

applicable law and the land management 

plans adopted under section 202 of that Act 

(43 U.S.C. 1712). 

(d) TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL PARK SERVICE.—Administrative jurisdiction over the land identified 

as the Watchman Wilderness on the Northeastern Washington County Wilderness Map 

is hereby transferred to the National Park 

Service, to be included in, and administered 

as part of Zion National Park. 

SEC. 1973. ZION NATIONAL PARK WILDERNESS. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal 

land’’ means certain Federal land— 

(A) that is— 

(i) located in the County and Iron County, 

Utah; and 

(ii) managed by the National Park Service; 

(B) consisting of approximately 124,406 

acres; and 

(C) as generally depicted on the Zion National Park Wilderness Map and the area 

added to the park under section 1972(d). 

(2) WILDERNESS AREA.—The term ‘‘Wilderness Area’’ means the Zion Wilderness designated by subsection (b)(1). 

(3) ZION NATIONAL PARK WILDERNESS MAP.— 

The term ‘‘Zion National Park Wilderness 

Map’’ means the map entitled ‘‘Zion National Park Wilderness’’ and dated April 

2008. 

(b) ZION NATIONAL PARK WILDERNESS.— 

(1) DESIGNATION.—Subject to valid existing 

rights, the Federal land is designated as wilderness and as a component of the National 

Wilderness Preservation System, to be 

known as the ‘‘Zion Wilderness’’. 

(2) INCORPORATION OF ACQUIRED LAND.—Any 

land located in the Zion National Park that 

is acquired by the Secretary through a voluntary sale, exchange, or donation may, on 

the recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.). 

(3) MAP AND LEGAL DESCRIPTION.— 

(A) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall submit to the Committee on 

Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House of Representatives a map and 

legal description of the Wilderness Area. 

(B) FORCE AND EFFECT.—The map and legal 

description submitted under subparagraph 

(A) shall have the same force and effect as if 

included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. 

(C) AVAILABILITY.—The map and legal description submitted under subparagraph (A) 

shall be available in the appropriate offices 

of the National Park Service. 

SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to conserve, protect, and enhance for 

the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of 

the National Conservation Area; and 

(2) to protect each species that is— 

(A) located in the National Conservation 

Area; and 

(B) listed as a threatened or endangered 

species on the list of threatened species or 

the list of endangered species published 

under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). 

(b) DEFINITIONS.—In this section: 

(1) HABITAT CONSERVATION PLAN.—The term 

‘‘habitat conservation plan’’ means the conservation plan entitled ‘‘Washington County 

Habitat Conservation Plan’’ and dated February 23, 1996. 

(2) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the National Conservation Area developed by the Secretary under subsection 

(d)(1). 

(3) NATIONAL CONSERVATION AREA.—The 

term ‘‘National Conservation Area’’ means 

the Red Cliffs National Conservation Area 

that— 

(A) consists of approximately 44,725 acres 

of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and 

(B) is established by subsection (c). 

(4) PUBLIC USE PLAN.—The term ‘‘public use 

plan’’ means the use plan entitled ‘‘Red 

Cliffs Desert Reserve Public Use Plan’’ and 

dated June 12, 2000, as amended. 

(5) RESOURCE MANAGEMENT PLAN.—The 

term ‘‘resource management plan’’ means 

the management plan entitled ‘‘St. George 

Field Office Resource Management Plan’’ 

and dated March 15, 1999, as amended. 

(c) ESTABLISHMENT.—Subject to valid existing rights, there is established in the State 

the Red Cliffs National Conservation Area. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act and 

in accordance with paragraph (2), the Secretary shall develop a comprehensive plan 

for the long-term management of the National Conservation Area. 

(2) CONSULTATION.—In developing the management plan required under paragraph (1), 

the Secretary shall consult with— 

(A) appropriate State, tribal, and local 

governmental entities; and 

(B) members of the public. 

(3) INCORPORATION OF PLANS.—In developing 

the management plan required under paragraph (1), to the extent consistent with this 

section, the Secretary may incorporate any 

provision of— 

(A) the habitat conservation plan; 

(B) the resource management plan; and 

(C) the public use plan. 

(e) MANAGEMENT.— 


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(1) IN GENERAL.—The Secretary shall manage the National Conservation Area— 

(A) in a manner that conserves, protects, 

and enhances the resources of the National 

Conservation Area; and 

(B) in accordance with— 

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this section; and 

(iii) any other applicable law (including 

regulations). 

(2) USES.—The Secretary shall only allow 

uses of the National Conservation Area that 

the Secretary determines would further a 

purpose described in subsection (a). 

(3) MOTORIZED VEHICLES.—Except in cases 

in which motorized vehicles are needed for 

administrative purposes, or to respond to an 

emergency, the use of motorized vehicles in 

the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. 

(4) GRAZING.—The grazing of livestock in 

the National Conservation Area, where established before the date of enactment of 

this Act, shall be permitted to continue— 

(A) subject to— 

(i) such reasonable regulations, policies, 

and practices as the Secretary considers necessary; and 

(ii) applicable law; and 

(B) in a manner consistent with the purposes described in subsection (a). 

(5) WILDLAND FIRE OPERATIONS.—Nothing in 

this section prohibits the Secretary, in cooperation with other Federal, State, and 

local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with 

the purposes of this section. 

(f) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

that is located in the National Conservation 

Area that is acquired by the United States 

shall— 

(1) become part of the National Conservation Area; and 

(2) be managed in accordance with— 

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(B) this section; and 

(C) any other applicable law (including regulations). 

(g) WITHDRAWAL.— 

(1) IN GENERAL.—Subject to valid existing 

rights, all Federal land located in the National Conservation Area are withdrawn 

from— 

(A) all forms of entry, appropriation, and 

disposal under the public land laws; 

(B) location, entry, and patenting under 

the mining laws; and 

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 

(2) ADDITIONAL LAND.—If the Secretary acquires additional land that is located in the 

National Conservation Area after the date of 

enactment of this Act, the land is withdrawn 

from operation of the laws referred to in 

paragraph (1) on the date of acquisition of 

the land. 

(h) EFFECT.—Nothing in this section prohibits the authorization of the development 

of utilities within the National Conservation 

Area if the development is carried out in accordance with— 

(1) each utility development protocol described in the habitat conservation plan; and 

(2) any other applicable law (including regulations). 

SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA. 

(a) PURPOSE.—The purpose of this section 

is to conserve, protect, and enhance for the 

benefit and enjoyment of present and future 

generations the ecological, scenic, wildlife, 

recreational, cultural, historical, natural, 

educational, and scientific resources of the 

Beaver Dam Wash National Conservation 

Area. 

(b) DEFINITIONS.—In this section: 

(1) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the National Conservation Area developed by the Secretary under subsection 

(d)(1). 

(2) NATIONAL CONSERVATION AREA.—The 

term ‘‘National Conservation Area’’ means 

the Beaver Dam Wash National Conservation 

Area that— 

(A) consists of approximately 68,083 acres 

of public land in the County, as generally depicted on the Beaver Dam Wash National 

Conservation Area Map; and 

(B) is established by subsection (c). 

(c) ESTABLISHMENT.—Subject to valid existing rights, there is established in the State 

the Beaver Dam Wash National Conservation 

Area. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act and 

in accordance with paragraph (2), the Secretary shall develop a comprehensive plan 

for the long-term management of the National Conservation Area. 

(2) CONSULTATION.—In developing the management plan required under paragraph (1), 

the Secretary shall consult with— 

(A) appropriate State, tribal, and local 

governmental entities; and 

(B) members of the public. 

(3) MOTORIZED VEHICLES.—In developing the 

management plan required under paragraph 

(1), the Secretary shall incorporate the restrictions on motorized vehicles described in 

subsection (e)(3). 

(e) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the National Conservation Area— 

(A) in a manner that conserves, protects, 

and enhances the resources of the National 

Conservation Area; and 

(B) in accordance with— 

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this section; and 

(iii) any other applicable law (including 

regulations). 

(2) USES.—The Secretary shall only allow 

uses of the National Conservation Area that 

the Secretary determines would further the 

purpose described in subsection (a). 

(3) MOTORIZED VEHICLES.— 

(A) IN GENERAL.—Except in cases in which 

motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the 

National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. 

(B) ADDITIONAL REQUIREMENT RELATING TO

CERTAIN AREAS LOCATED IN THE NATIONAL CONSERVATION AREA.—In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver 

Dam Wash National Conservation Area Map 

as ‘‘Designated Road Areas’’, motorized vehicles shall be permitted only on the roads 

identified on such map. 

(4) GRAZING.—The grazing of livestock in 

the National Conservation Area, where established before the date of enactment of 

this Act, shall be permitted to continue— 

(A) subject to— 

(i) such reasonable regulations, policies, 

and practices as the Secretary considers necessary; and 

(ii) applicable law (including regulations); 

and 

(B) in a manner consistent with the purpose described in subsection (a). 

(5) WILDLAND FIRE OPERATIONS.—Nothing in 

this section prohibits the Secretary, in cooperation with other Federal, State, and 

local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with 

the purposes of this section. 

(f) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

that is located in the National Conservation 

Area that is acquired by the United States 

shall— 

(1) become part of the National Conservation Area; and 

(2) be managed in accordance with— 

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(B) this section; and 

(C) any other applicable law (including regulations). 

(g) WITHDRAWAL.— 

(1) IN GENERAL.—Subject to valid existing 

rights, all Federal land located in the National Conservation Area is withdrawn 

from— 

(A) all forms of entry, appropriation, and 

disposal under the public land laws; 

(B) location, entry, and patenting under 

the mining laws; and 

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 

(2) ADDITIONAL LAND.—If the Secretary acquires additional land that is located in the 

National Conservation Area after the date of 

enactment of this Act, the land is withdrawn 

from operation of the laws referred to in 

paragraph (1) on the date of acquisition of 

the land. 

SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION. 

(a) DESIGNATION.—Section 3(a) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

amended by section 1852) is amended by adding at the end the following: 

‘‘(204) ZION NATIONAL PARK, UTAH.—The approximately 165.5 miles of segments of the 

Virgin River and tributaries of the Virgin 

River across Federal land within and adjacent to Zion National Park, as generally depicted on the map entitled ‘Wild and Scenic 

River Segments Zion National Park and Bureau of Land Management’ and dated April 

2008, to be administered by the Secretary of 

the Interior in the following classifications: 

‘‘(A) TAYLOR CREEK.—The 4.5-mile segment 

from the junction of the north, middle, and 

south forks of Taylor Creek, west to the 

park boundary and adjacent land rim-to-rim, 

as a scenic river. 

‘‘(B) NORTH FORK OF TAYLOR CREEK.—The 

segment from the head of North Fork to the 

junction with Taylor Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The 

segment from the head of Middle Fork on 

Bureau of Land Management land to the 

junction with Taylor Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The 

segment from the head of South Fork to the 

junction with Taylor Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The 

3.1-mile segment from the head of Timber 

Creek and tributaries of Timber Creek to the 

junction with LaVerkin Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, 

on Bureau of Land Management land, southwest through Zion National Park, and ending at the south end of T. 40 S., R. 12 W., sec. 

7, and adjacent land 1⁄2-mile wide, as a wild 

river. 

‘‘(G) WILLIS CREEK.—The 1.9-mile segment 

beginning on Bureau of Land Management 

land in the SWSW sec. 27, T. 38 S., R. 11 W., 

to the junction with LaVerkin Creek in Zion 

National Park and adjacent land rim-to-rim, 

as a wild river. 


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‘‘(H) BEARTRAP CANYON.—The 2.3-mile segment beginning on Bureau of Management 

land in the SWNW sec. 3, T. 39 S., R. 11 W., 

to the junction with LaVerkin Creek and the 

segment from the headwaters north of Long 

Point to the junction with LaVerkin Creek 

and adjacent land rim-to-rim, as a wild river. 

‘‘(I) HOP VALLEY CREEK.—The 3.3-mile segment beginning at the southern boundary of 

T. 39 S., R. 11 W., sec. 20, to the junction with 

LaVerkin Creek and adjacent land 1⁄2-mile 

wide, as a wild river. 

‘‘(J) CURRENT CREEK.—The 1.4-mile segment from the head of Current Creek to the 

junction with LaVerkin Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(K) CANE CREEK.—The 0.6-mile segment 

from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 

1⁄2-mile wide, as a wild river. 

‘‘(L) SMITH CREEK.—The 1.3-mile segment 

from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 

1⁄2-mile wide, as a wild river. 

‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.— 

The segment of the Left Fork from the junction with Wildcat Canyon to the junction 

with Right Fork, from the head of Right 

Fork to the junction with Left Fork, and 

from the junction of the Left and Right 

Forks southwest to Zion National Park 

boundary and adjacent land rim-to-rim, as a 

wild river. 

‘‘(N) WILDCAT CANYON (BLUE CREEK).—The 

segment of Blue Creek from the Zion National Park boundary to the junction with 

the Right Fork of North Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(O) LITTLE CREEK.—The segment beginning at the head of Little Creek to the junction with the Left Fork of North Creek and 

adjacent land 1⁄2-mile wide, as a wild river. 

‘‘(P) RUSSELL GULCH.—The segment from 

the head of Russell Gulch to the junction 

with the Left Fork of North Creek and adjacent land rim-to-rim, as a wild river. 

‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment from the Lower Kolob Plateau to the 

junction with the Left Fork of North Creek 

and adjacent land rim-to-rim, as a scenic 

river. 

‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the junction with the left fork of 

North Creek and adjacent land 1⁄2-mile, as a 

scenic river. 

‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile 

segment from the head of Wolf Springs Wash 

to the junction with Pine Spring Wash and 

adjacent land 1⁄2-mile wide, as a scenic river. 

‘‘(T) KOLOB CREEK.—The 5.9-mile segment 

of Kolob Creek beginning in T. 39 S., R. 10 

W., sec. 30, through Bureau of Land Management land and Zion National Park land to 

the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a 

wild river. 

‘‘(U) OAK CREEK.—The 1-mile stretch of 

Oak Creek beginning in T. 39 S., R. 10 W., 

sec. 19, to the junction with Kolob Creek and 

adjacent land rim-to-rim, as a wild river. 

‘‘(V) GOOSE CREEK.—The 4.6-mile segment 

of Goose Creek from the head of Goose Creek 

to the junction with the North Fork of the 

Virgin River and adjacent land rim-to-rim, 

as a wild river. 

‘‘(W) DEEP CREEK.—The 5.3-mile segment of 

Deep Creek beginning on Bureau of Land 

Management land at the northern boundary 

of T. 39 S., R. 10 W., sec. 23, south to the 

junction of the North Fork of the Virgin 

River and adjacent land rim-to-rim, as a wild 

river. 

‘‘(X) NORTH FORK OF THE VIRGIN RIVER.— 

The 10.8-mile segment of the North Fork of 

the Virgin River beginning on Bureau of 

Land Management land at the eastern border 

of T. 39 S., R. 10 W., sec. 35, to Temple of 

Sinawava and adjacent land rim-to-rim, as a 

wild river. 

‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.— 

The 8-mile segment of the North Fork of the 

Virgin River from Temple of Sinawava south 

to the Zion National Park boundary and adjacent land 1⁄2-mile wide, as a recreational 

river. 

‘‘(Z) IMLAY CANYON.—The segment from the 

head of Imlay Creek to the junction with the 

North Fork of the Virgin River and adjacent 

land rim-to-rim, as a wild river. 

‘‘(AA) ORDERVILLE CANYON.—The segment 

from the eastern boundary of Zion National 

Park to the junction with the North Fork of 

the Virgin River and adjacent land rim-torim, as a wild river. 

‘‘(BB) MYSTERY CANYON.—The segment 

from the head of Mystery Canyon to the 

junction with the North Fork of the Virgin 

River and adjacent land rim-to-rim, as a wild 

river. 

‘‘(CC) ECHO CANYON.—The segment from 

the eastern boundary of Zion National Park 

to the junction with the North Fork of the 

Virgin River and adjacent land rim-to-rim, 

as a wild river. 

‘‘(DD) BEHUNIN CANYON.—The segment 

from the head of Behunin Canyon to the 

junction with the North Fork of the Virgin 

River and adjacent land rim-to-rim, as a wild 

river. 

‘‘(EE) HEAPS CANYON.—The segment from 

the head of Heaps Canyon to the junction 

with the North Fork of the Virgin River and 

adjacent land rim-to-rim, as a wild river. 

‘‘(FF) BIRCH CREEK.—The segment from the 

head of Birch Creek to the junction with the 

North Fork of the Virgin River and adjacent 

land 1⁄2-mile wide, as a wild river. 

‘‘(GG) OAK CREEK.—The segment of Oak 

Creek from the head of Oak Creek to where 

the forks join and adjacent land 1⁄2-mile wide, 

as a wild river. 

‘‘(HH) OAK CREEK.—The 1-mile segment of 

Oak Creek from the point at which the 2 

forks of Oak Creek join to the junction with 

the North Fork of the Virgin River and adjacent land 1⁄2-mile wide, as a recreational 

river. 

‘‘(II) CLEAR CREEK.—The 6.4-mile segment 

of Clear Creek from the eastern boundary of 

Zion National Park to the junction with 

Pine Creek and adjacent land rim-to-rim, as 

a recreational river. 

‘‘(JJ) PINE CREEK .—The 2-mile segment of 

Pine Creek from the head of Pine Creek to 

the junction with Clear Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(KK) PINE CREEK.—The 3-mile segment of 

Pine Creek from the junction with Clear 

Creek to the junction with the North Fork of 

the Virgin River and adjacent land rim-torim, as a recreational river. 

‘‘(LL) EAST FORK OF THE VIRGIN RIVER.— 

The 8-mile segment of the East Fork of the 

Virgin River from the eastern boundary of 

Zion National Park through Parunuweap 

Canyon to the western boundary of Zion National Park and adjacent land 1⁄2-mile wide, 

as a wild river. 

‘‘(MM) SHUNES CREEK.—The 3-mile segment 

of Shunes Creek from the dry waterfall on 

land administered by the Bureau of Land 

Management through Zion National Park to 

the western boundary of Zion National Park 

and adjacent land 1⁄2-mile wide as a wild 

river.’’. 

(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the United States acquires 

any non-Federal land within or adjacent to 

Zion National Park that includes a river segment that is contiguous to a river segment 

of the Virgin River designated as a wild, scenic, or recreational river by paragraph (204) 

of section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the acquired river segment shall 

be incorporated in, and be administered as 

part of, the applicable wild, scenic, or recreational river. 

(c) SAVINGS CLAUSE.—The amendment 

made by subsection (a) does not affect the 

agreement among the United States, the 

State, the Washington County Water Conservancy District, and the Kane County Water 

Conservancy District entitled ‘‘Zion National Park Water Rights Settlement Agreement’’ and dated December 4, 1996. 

SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND TRANSPORTATION MANAGEMENT PLAN. 

(a) DEFINITIONS.—In this section: 

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

means the Secretary of the Interior. 

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

(A) with respect to land managed by the 

Bureau of Land Management, the Secretary; 

and 

(B) with respect to land managed by the 

Forest Service, the Secretary of Agriculture. 

(3) TRAIL.—The term ‘‘trail’’ means the 

High Desert Off-Highway Vehicle Trail designated under subsection (c)(1)(A). 

(4) TRAVEL MANAGEMENT PLAN.—The term 

‘‘travel management plan’’ means the comprehensive travel and transportation management plan developed under subsection 

(b)(1). 

(b) COMPREHENSIVE TRAVEL AND TRANSPORTATION MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, in 

accordance with the Federal Land Policy and 

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

seq.) and other applicable laws (including 

regulations), the Secretary, in consultation 

with appropriate Federal agencies and State, 

tribal, and local governmental entities, and 

after an opportunity for public comment, 

shall develop a comprehensive travel management plan for the land managed by the 

Bureau of Land Management in the County— 

(A) to provide to the public a clearly 

marked network of roads and trails with 

signs and maps to promote— 

(i) public safety and awareness; and 

(ii) enhanced recreation and general access 

opportunities; 

(B) to help reduce in the County growing 

conflicts arising from interactions between— 

(i) motorized recreation; and 

(ii) the important resource values of public 

land; 

(C) to promote citizen-based opportunities 

for— 

(i) the monitoring and stewardship of the 

trail; and 

(ii) trail system management; and 

(D) to support law enforcement officials in 

promoting— 

(i) compliance with off-highway vehicle 

laws (including regulations); and 

(ii) effective deterrents of abuses of public 

land. 

(2) SCOPE; CONTENTS.—In developing the 

travel management plan, the Secretary 

shall— 

(A) in consultation with appropriate Federal agencies, State, tribal, and local governmental entities (including the County and 

St. George City, Utah), and the public, identify 1 or more alternatives for a northern 

transportation route in the County; 

(B) ensure that the travel management 

plan contains a map that depicts the trail; 

and 

(C) designate a system of areas, roads, and 

trails for mechanical and motorized use. 

(c) DESIGNATION OF TRAIL.— 

(1) DESIGNATION.— 

(A) IN GENERAL.—As a component of the 

travel management plan, and in accordance 


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with subparagraph (B), the Secretary, in coordination with the Secretary of Agriculture, and after an opportunity for public 

comment, shall designate a trail (which may 

include a system of trails)— 

(i) for use by off-highway vehicles; and 

(ii) to be known as the ‘‘High Desert OffHighway Vehicle Trail’’. 

(B) REQUIREMENTS.—In designating the 

trail, the Secretary shall only include trails 

that are— 

(i) as of the date of enactment of this Act, 

authorized for use by off-highway vehicles; 

and 

(ii) located on land that is managed by the 

Bureau of Land Management in the County. 

(C) NATIONAL FOREST LAND.—The Secretary 

of Agriculture, in coordination with the Secretary and in accordance with applicable 

law, may designate a portion of the trail on 

National Forest System land within the 

County. 

(D) MAP.—A map that depicts the trail 

shall be on file and available for public inspection in the appropriate offices of— 

(i) the Bureau of Land Management; and 

(ii) the Forest Service. 

(2) MANAGEMENT.— 

(A) IN GENERAL.—The Secretary concerned 

shall manage the trail— 

(i) in accordance with applicable laws (including regulations); 

(ii) to ensure the safety of citizens who use 

the trail; and 

(iii) in a manner by which to minimize any 

damage to sensitive habitat or cultural resources. 

(B) MONITORING; EVALUATION.—To minimize the impacts of the use of the trail on 

environmental and cultural resources, the 

Secretary concerned shall— 

(i) annually assess the effects of the use of 

off-highway vehicles on— 

(I) the trail; and 

(II) land located in proximity to the trail; 

and 

(ii) in consultation with the Utah Department of Natural Resources, annually assess 

the effects of the use of the trail on wildlife 

and wildlife habitat. 

(C) CLOSURE.—The Secretary concerned, in 

consultation with the State and the County, 

and subject to subparagraph (D), may temporarily close or permanently reroute a portion 

of the trail if the Secretary concerned determines that— 

(i) the trail is having an adverse impact 

on— 

(I) wildlife habitats; 

(II) natural resources; 

(III) cultural resources; or 

(IV) traditional uses; 

(ii) the trail threatens public safety; or 

(iii) closure of the trail is necessary— 

(I) to repair damage to the trail; or 

(II) to repair resource damage. 

(D) REROUTING.—Any portion of the trail 

that is temporarily closed by the Secretary 

concerned under subparagraph (C) may be 

permanently rerouted along any road or 

trail— 

(i) that is— 

(I) in existence as of the date of the closure 

of the portion of the trail; 

(II) located on public land; and 

(III) open to motorized use; and 

(ii) if the Secretary concerned determines 

that rerouting the portion of the trail would 

not significantly increase or decrease the 

length of the trail. 

(E) NOTICE OF AVAILABLE ROUTES.—The 

Secretary, in coordination with the Secretary of Agriculture, shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail 

routes through— 

(i) the placement of appropriate signage 

along the trail; and 

(ii) the distribution of maps, safety education materials, and other information that 

the Secretary concerned determines to be 

appropriate. 

(3) EFFECT.—Nothing in this section affects 

the ownership, management, or other rights 

relating to any non-Federal land (including 

any interest in any non-Federal land). 

SEC. 1978. LAND DISPOSAL AND ACQUISITION. 

(a) IN GENERAL.—Consistent with applicable law, the Secretary of the Interior may 

sell public land located within Washington 

County, Utah, that, as of July 25, 2000, has 

been identified for disposal in appropriate resource management plans. 

(b) USE OF PROCEEDS.— 

(1) IN GENERAL.—Notwithstanding any 

other provision of law (other than a law that 

specifically provides for a portion of the proceeds of a land sale to be distributed to any 

trust fund of the State), proceeds from the 

sale of public land under subsection (a) shall 

be deposited in a separate account in the 

Treasury to be known as the ‘‘Washington 

County, Utah Land Acquisition Account’’. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Amounts in the account 

shall be available to the Secretary, without 

further appropriation, to purchase from willing sellers lands or interests in land within 

the wilderness areas and National Conservation Areas established by this subtitle. 

(B) APPLICABILITY.—Any purchase of land 

or interest in land under subparagraph (A) 

shall be in accordance with applicable law. 

SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 

(a) IN GENERAL.—In accordance with applicable Federal laws (including regulations), 

the Secretary of the Interior shall— 

(1) identify areas located in the County 

where biological conservation is a priority; 

and 

(2) undertake activities to conserve and restore plant and animal species and natural 

communities within such areas. 

(b) GRANTS; COOPERATIVE AGREEMENTS.—In 

carrying out subsection (a), the Secretary of 

the Interior may make grants to, or enter 

into cooperative agreements with, State, 

tribal, and local governmental entities and 

private entities to conduct research, develop 

scientific analyses, and carry out any other 

initiative relating to the restoration or conservation of the areas. 

SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 

(a) IN GENERAL.—Notwithstanding the land 

use planning requirements of sections 202 

and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 

upon the request of the appropriate local 

governmental entity, as described below, the 

Secretary shall convey the following parcels 

of public land without consideration, subject 

to the provisions of this section: 

(1) TEMPLE QUARRY.—The approximately 

122-acre parcel known as ‘‘Temple Quarry’’ 

as generally depicted on the Washington 

County Growth and Conservation Act Map as 

‘‘Parcel B’’, to the City of St. George, Utah, 

for open space and public recreation purposes. 

(2) HURRICANE CITY SPORTS PARK.—The approximately 41-acre parcel as generally depicted on the Washington County Growth 

and Conservation Act Map as ‘‘Parcel C’’, to 

the City of Hurricane, Utah, for public recreation purposes and public administrative offices. 

(3) WASHINGTON COUNTY SCHOOL DISTRICT.— 

The approximately 70-acre parcel as generally depicted on the Washington County 

Growth and Conservation Act Map as ‘‘Parcel D’’, to the Washington County Public 

School District for use for public school and 

related educational and administrative purposes. 

(4) WASHINGTON COUNTY JAIL.—The approximately 80-acre parcel as generally depicted 

on the Washington County Growth and Conservation Act Map as ‘‘Parcel E’’, to Washington County, Utah, for expansion of the 

Purgatory Correctional Facility. 

(5) HURRICANE EQUESTRIAN PARK.—The approximately 40-acre parcel as generally depicted on the Washington County Growth 

and Conservation Act Map as ‘‘Parcel F’’, to 

the City of Hurricane, Utah, for use as a public equestrian park. 

(b) MAP AND LEGAL DESCRIPTIONS.—As soon 

as practicable after the date of enactment of 

this Act, the Secretary shall finalize legal 

descriptions of the parcels to be conveyed 

under this section. The Secretary may correct any minor errors in the map referenced 

in subsection (a) or in the applicable legal 

descriptions. The map and legal descriptions 

shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 

(c) REVERSION.— 

(1) IN GENERAL.—If any parcel conveyed 

under this section ceases to be used for the 

public purpose for which the parcel was conveyed, as described in subsection (a), the 

land shall, at the discretion of the Secretary 

based on his determination of the best interests of the United States, revert to the 

United States. 

(2) RESPONSIBILITY OF LOCAL GOVERNMENTAL ENTITY.—If the Secretary determines 

pursuant to paragraph (1) that the land 

should revert to the United States, and if the 

Secretary determines that the land is contaminated with hazardous waste, the local 

governmental entity to which the land was 

conveyed shall be responsible for remediation of the contamination. 

SEC. 1981. CONVEYANCE OF DIXIE NATIONAL 

FOREST LAND. 

(a) DEFINITIONS.—In this section: 

(1) COVERED FEDERAL LAND.—The term 

‘‘covered Federal land’’ means the approximately 66.07 acres of land in the Dixie National Forest in the State, as depicted on the 

map. 

(2) LANDOWNER.—The term ‘‘landowner’’ 

means Kirk R. Harrison, who owns land in 

Pinto Valley, Utah. 

(3) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Conveyance of Dixie National Forest Land’’ and dated December 18, 2008. 

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

means the Secretary of Agriculture. 

(b) CONVEYANCE.— 

(1) IN GENERAL.—The Secretary may convey to the landowner all right, title, and interest of the United States in and to any of 

the covered Federal land (including any improvements or appurtenances to the covered 

Federal land) by sale or exchange. 

(2) LEGAL DESCRIPTION.—The exact acreage 

and legal description of the covered Federal 

land to be conveyed under paragraph (1) shall 

be determined by surveys satisfactory to the 

Secretary. 

(3) CONSIDERATION.— 

(A) IN GENERAL.—As consideration for any 

conveyance by sale under paragraph (1), the 

landowner shall pay to the Secretary an 

amount equal to the fair market value of 

any Federal land conveyed, as determined 

under subparagraph (B). 

(B) APPRAISAL.—The fair market value of 

any Federal land that is conveyed under 

paragraph (1) shall be determined by an appraisal acceptable to the Secretary that is 

performed in accordance with— 

(i) the Uniform Appraisal Standards for 

Federal Land Acquisitions; 

(ii) the Uniform Standards of Professional 

Appraisal Practice; and 

(iii) any other applicable law (including 

regulations). 

(4) DISPOSITION AND USE OF PROCEEDS.— 


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(A) DISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds of any sale 

of land under paragraph (1) in the fund established under Public Law 90–171 (commonly 

known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(B) USE OF PROCEEDS.—Amounts deposited 

under subparagraph (A) shall be available to 

the Secretary, without further appropriation 

and until expended, for the acquisition of 

real property or interests in real property for 

inclusion in the Dixie National Forest in the 

State. 

(5) ADDITIONAL TERMS AND CONDITIONS.— 

The Secretary may require any additional 

terms and conditions for any conveyance 

under paragraph (1) that the Secretary determines to be appropriate to protect the interests of the United States. 

SEC. 1982. TRANSFER OF LAND INTO TRUST FOR 

SHIVWITS BAND OF PAIUTE INDIANS. 

(a) DEFINITIONS.—In this section: 

(1) PARCEL A.—The term ‘‘Parcel A’’ means 

the parcel that consists of approximately 640 

acres of land that is— 

(A) managed by the Bureau of Land Management; 

(B) located in Washington County, Utah; 

and 

(C) depicted on the map entitled ‘‘Washington County Growth and Conservation Act 

Map’’. 

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

means the Secretary of the Interior. 

(3) TRIBE.—The term ‘‘Tribe’’ means the 

Shivwits Band of Paiute Indians of the State 

of Utah. 

(b) PARCEL TO BE HELD IN TRUST.— 

(1) IN GENERAL.—At the request of the 

Tribe, the Secretary shall take into trust for 

the benefit of the Tribe all right, title, and 

interest of the United States in and to Parcel A. 

(2) SURVEY; LEGAL DESCRIPTION.— 

(A) SURVEY.—Not later than 180 days after 

the date of enactment of this Act, the Secretary, acting through the Director of the 

Bureau of Land Management, shall complete 

a survey of Parcel A to establish the boundary of Parcel A. 

(B) LEGAL DESCRIPTION OF PARCEL A.— 

(i) IN GENERAL.—Upon the completion of 

the survey under subparagraph (A), the Secretary shall publish in the Federal Register 

a legal description of— 

(I) the boundary line of Parcel A; and 

(II) Parcel A. 

(ii) TECHNICAL CORRECTIONS.—Before the 

date of publication of the legal descriptions 

under clause (i), the Secretary may make 

minor corrections to correct technical and 

clerical errors in the legal descriptions. 

(iii) EFFECT.—Effective beginning on the 

date of publication of the legal descriptions 

under clause (i), the legal descriptions shall 

be considered to be the official legal descriptions of Parcel A. 

(3) EFFECT.—Nothing in this section— 

(A) affects any valid right in existence on 

the date of enactment of this Act; 

(B) enlarges, impairs, or otherwise affects 

any right or claim of the Tribe to any land 

or interest in land other than to Parcel A 

that is— 

(i) based on an aboriginal or Indian title; 

and 

(ii) in existence as of the date of enactment 

of this Act; or 

(C) constitutes an express or implied reservation of water or a water right with respect to Parcel A. 

(4) LAND TO BE MADE A PART OF THE RESERVATION.—Land taken into trust pursuant 

to this section shall be considered to be part 

of the reservation of the Tribe. 

SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

TITLE II—BUREAU OF LAND 

MANAGEMENT AUTHORIZATIONS 

Subtitle A—National Landscape Conservation 

System 

SEC. 2001. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of the Interior. 

(2) SYSTEM.—The term ‘‘system’’ means 

the National Landscape Conservation System established by section 2002(a). 

SEC. 2002. ESTABLISHMENT OF THE NATIONAL 

LANDSCAPE CONSERVATION SYSTEM. 

(a) ESTABLISHMENT.—In order to conserve, 

protect, and restore nationally significant 

landscapes that have outstanding cultural, 

ecological, and scientific values for the benefit of current and future generations, there 

is established in the Bureau of Land Management the National Landscape Conservation 

System. 

(b) COMPONENTS.—The system shall include 

each of the following areas administered by 

the Bureau of Land Management: 

(1) Each area that is designated as— 

(A) a national monument; 

(B) a national conservation area; 

(C) a wilderness study area; 

(D) a national scenic trail or national historic trail designated as a component of the 

National Trails System; 

(E) a component of the National Wild and 

Scenic Rivers System; or 

(F) a component of the National Wilderness Preservation System. 

(2) Any area designated by Congress to be 

administered for conservation purposes, including— 

(A) the Steens Mountain Cooperative Management and Protection Area; 

(B) the Headwaters Forest Reserve; 

(C) the Yaquina Head Outstanding Natural 

Area; 

(D) public land within the California 

Desert Conservation Area administered by 

the Bureau of Land Management for conservation purposes; and 

(E) any additional area designated by Congress for inclusion in the system. 

(c) MANAGEMENT.—The Secretary shall 

manage the system— 

(1) in accordance with any applicable law 

(including regulations) relating to any component of the system included under subsection (b); and 

(2) in a manner that protects the values for 

which the components of the system were 

designated. 

(d) EFFECT.— 

(1) IN GENERAL.—Nothing in this subtitle 

enhances, diminishes, or modifies any law or 

proclamation (including regulations relating 

to the law or proclamation) under which the 

components of the system described in subsection (b) were established or are managed, 

including— 

(A) the Alaska National Interest Lands 

Conservation Act (16 U.S.C. 3101 et seq.); 

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

seq.); 

(C) the Wild and Scenic Rivers Act (16 

U.S.C. 1271 et seq.); 

(D) the National Trails System Act (16 

U.S.C. 1241 et seq.); and 

(E) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). 

(2) FISH AND WILDLIFE.—Nothing in this 

subtitle shall be construed as affecting the 

authority, jurisdiction, or responsibility of 

the several States to manage, control, or 

regulate fish and resident wildlife under 

State law or regulations, including the regulation of hunting, fishing, trapping and recreational shooting on public land managed 

by the Bureau of Land Management. Nothing 

in this subtitle shall be construed as limiting 

access for hunting, fishing, trapping, or recreational shooting. 

SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle B—Prehistoric Trackways National 

Monument 

SEC. 2101. FINDINGS. 

Congress finds that— 

(1) in 1987, a major deposit of Paleozoic Era 

fossilized footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico; 

(2) the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, 

and petrified wood dating back approximately 280,000,000 years, which collectively 

provide new opportunities to understand animal behaviors and environments from a time 

predating the dinosaurs; 

(3) title III of Public Law 101–578 (104 Stat. 

2860)— 

(A) provided interim protection for the site 

at which the trackways were discovered; and 

(B) directed the Secretary of the Interior 

to— 

(i) prepare a study assessing the significance of the site; and 

(ii) based on the study, provide recommendations for protection of the paleontological resources at the site; 

(4) the Bureau of Land Management completed the Paleozoic Trackways Scientific 

Study Report in 1994, which characterized 

the site as containing ‘‘the most scientifically significant Early Permian tracksites’’ 

in the world; 

(5) despite the conclusion of the study and 

the recommendations for protection, the site 

remains unprotected and many irreplaceable 

trackways specimens have been lost to vandalism or theft; and 

(6) designation of the trackways site as a 

National Monument would protect the 

unique fossil resources for present and future 

generations while allowing for public education and continued scientific research opportunities. 

SEC. 2102. DEFINITIONS. 

In this subtitle: 

(1) MONUMENT.—The term ‘‘Monument’’ 

means the Prehistoric Trackways National 

Monument established by section 2103(a). 

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

has the meaning given the term ‘‘public 

lands’’ in section 103 of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1702). 

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

means the Secretary of the Interior. 

SEC. 2103. ESTABLISHMENT. 

(a) IN GENERAL.—In order to conserve, protect, and enhance the unique and nationally 

important paleontological, scientific, educational, scenic, and recreational resources 

and values of the public land described in 

subsection (b), there is established the Prehistoric Trackways National Monument in 

the State of New Mexico. 

(b) DESCRIPTION OF LAND.—The Monument 

shall consist of approximately 5,280 acres of 

public land in Don ̃ a Ana County, New Mexico, as generally depicted on the map entitled ‘‘Prehistoric Trackways National Monument’’ and dated December 17, 2008. 

(c) MAP; LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall prepare and submit to Congress an official map and legal description of 

the Monument. 

(2) CORRECTIONS.—The map and legal description submitted under paragraph (1) shall 

have the same force and effect as if included 


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in this subtitle, except that the Secretary 

may correct any clerical or typographical errors in the legal description and the map. 

(3) CONFLICT BETWEEN MAP AND LEGAL DESCRIPTION.—In the case of a conflict between 

the map and the legal description, the map 

shall control. 

(4) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—Copies of the map and legal description shall be on file and available for 

public inspection in the appropriate offices 

of the Bureau of Land Management. 

(d) MINOR BOUNDARY ADJUSTMENTS.—If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, 

the Secretary may make minor boundary adjustments to the Monument to include the 

resources in the Monument. 

SEC. 2104. ADMINISTRATION. 

(a) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Monument— 

(A) in a manner that conserves, protects, 

and enhances the resources and values of the 

Monument, including the resources and values described in section 2103(a); and 

(B) in accordance with— 

(i) this subtitle; 

(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and 

(iii) other applicable laws. 

(2) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The Monument shall be managed as a 

component of the National Landscape Conservation System. 

(b) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

Secretary shall develop a comprehensive 

management plan for the long-term protection and management of the Monument. 

(2) COMPONENTS.—The management plan 

under paragraph (1)— 

(A) shall— 

(i) describe the appropriate uses and management of the Monument, consistent with 

the provisions of this subtitle; and 

(ii) allow for continued scientific research 

at the Monument during the development of 

the management plan; and 

(B) may— 

(i) incorporate any appropriate decisions 

contained in any current management or activity plan for the land described in section 

2103(b); and 

(ii) use information developed in studies of 

any land within or adjacent to the Monument that were conducted before the date of 

enactment of this Act. 

(c) AUTHORIZED USES.—The Secretary shall 

only allow uses of the Monument that the 

Secretary determines would further the purposes for which the Monument has been established. 

(d) INTERPRETATION, EDUCATION, AND SCIENTIFIC RESEARCH.— 

(1) IN GENERAL.—The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with 

priority given to exhibiting and curating the 

resources in Don ̃ a Ana County, New Mexico. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with appropriate public entities to 

carry out paragraph (1). 

(e) SPECIAL MANAGEMENT AREAS.— 

(1) IN GENERAL.—The establishment of the 

Monument shall not change the management 

status of any area within the boundary of 

the Monument that is— 

(A) designated as a wilderness study area 

and managed in accordance with section 

603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or 

(B) managed as an area of critical environment concern. 

(2) CONFLICT OF LAWS.—If there is a conflict 

between the laws applicable to the areas described in paragraph (1) and this subtitle, the 

more restrictive provision shall control. 

(f) MOTORIZED VEHICLES.— 

(1) IN GENERAL.—Except as needed for administrative purposes or to respond to an 

emergency, the use of motorized vehicles in 

the Monument shall be allowed only on roads 

and trails designated for use by motorized 

vehicles under the management plan prepared under subsection (b). 

(2) PERMITTED EVENTS.—The Secretary 

may issue permits for special recreation 

events involving motorized vehicles within 

the boundaries of the Monument— 

(A) to the extent the events do not harm 

paleontological resources; and 

(B) subject to any terms and conditions 

that the Secretary determines to be necessary. 

(g) WITHDRAWALS.—Subject to valid existing rights, any Federal land within the 

Monument and any land or interest in land 

that is acquired by the United States for inclusion in the Monument after the date of 

enactment of this Act are withdrawn from— 

(1) entry, appropriation, or disposal under 

the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) operation of the mineral leasing laws, 

geothermal leasing laws, and minerals materials laws. 

(h) GRAZING.—The Secretary may allow 

grazing to continue in any area of the Monument in which grazing is allowed before the 

date of enactment of this Act, subject to applicable laws (including regulations). 

(i) WATER RIGHTS.—Nothing in this subtitle constitutes an express or implied reservation by the United States of any water 

or water rights with respect to the Monument. 

SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle C—Fort Stanton-Snowy River Cave 

National Conservation Area 

SEC. 2201. DEFINITIONS. 

In this subtitle: 

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ means the Fort StantonSnowy River Cave National Conservation 

Area established by section 2202(a). 

(2) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

developed for the Conservation Area under 

section 2203(c). 

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

means the Secretary of the Interior, acting 

through the Director of the Bureau of Land 

Management. 

SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE NATIONAL 

CONSERVATION AREA. 

(a) ESTABLISHMENT; PURPOSES.—There is 

established the Fort Stanton-Snowy River 

Cave National Conservation Area in Lincoln 

County, New Mexico, to protect, conserve, 

and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort StantonSnowy River cave system. 

(b) AREA INCLUDED.—The Conservation 

Area shall include the area within the 

boundaries depicted on the map entitled 

‘‘Fort Stanton-Snowy River Cave National 

Conservation Area’’ and dated December 15, 

2008. 

(c) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall submit to Congress a map 

and legal description of the Conservation 

Area. 

(2) EFFECT.—The map and legal description 

of the Conservation Area shall have the same 

force and effect as if included in this subtitle, except that the Secretary may correct 

any minor errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and 

legal description of the Conservation Area 

shall be available for public inspection in the 

appropriate offices of the Bureau of Land 

Management. 

SEC. 2203. MANAGEMENT OF THE CONSERVATION 

AREA. 

(a) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Conservation Area— 

(A) in a manner that conserves, protects, 

and enhances the resources and values of the 

Conservation Area, including the resources 

and values described in section 2202(a); and 

(B) in accordance with— 

(i) this subtitle; 

(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and 

(iii) any other applicable laws. 

(2) USES.—The Secretary shall only allow 

uses of the Conservation Area that are consistent with the protection of the cave resources. 

(3) REQUIREMENTS.—In administering the 

Conservation Area, the Secretary shall provide for— 

(A) the conservation and protection of the 

natural and unique features and environs for 

scientific, educational, and other appropriate public uses of the Conservation Area; 

(B) public access, as appropriate, while providing for the protection of the cave resources and for public safety; 

(C) the continuation of other existing uses 

or other new uses of the Conservation Area 

that do not impair the purposes for which 

the Conservation Area is established; 

(D) management of the surface area of the 

Conservation Area in accordance with the 

Fort Stanton Area of Critical Environmental 

Concern Final Activity Plan dated March, 

2001, or any amendments to the plan, consistent with this subtitle; and 

(E) scientific investigation and research 

opportunities within the Conservation Area, 

including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and 

interpretive services within the Conservation Area. 

(b) WITHDRAWALS.—Subject to valid existing rights, all Federal surface and subsurface 

land within the Conservation Area and all 

land and interests in the land that are acquired by the United States after the date of 

enactment of this Act for inclusion in the 

Conservation Area, are withdrawn from— 

(1) all forms of entry, appropriation, or disposal under the general land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) operation under the mineral leasing and 

geothermal leasing laws. 

(c) MANAGEMENT PLAN.— 

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

after the date of enactment of this Act, the 

Secretary shall develop a comprehensive 

plan for the long-term management of the 

Conservation Area. 

(2) PURPOSES.—The management plan 

shall— 

(A) describe the appropriate uses and management of the Conservation Area; 

(B) incorporate, as appropriate, decisions 

contained in any other management or activity plan for the land within or adjacent to 

the Conservation Area; 

(C) take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and 


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(D) provide for a cooperative agreement 

with Lincoln County, New Mexico, to address 

the historical involvement of the local community in the interpretation and protection 

of the resources of the Conservation Area. 

(d) RESEARCH AND INTERPRETIVE FACILITIES.— 

(1) IN GENERAL.—The Secretary may establish facilities for— 

(A) the conduct of scientific research; and 

(B) the interpretation of the historical, 

cultural, scientific, archaeological, natural, 

and educational resources of the Conservation Area. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may, in a manner consistent with this 

subtitle, enter into cooperative agreements 

with the State of New Mexico and other institutions and organizations to carry out the 

purposes of this subtitle. 

(e) WATER RIGHTS.—Nothing in this subtitle constitutes an express or implied reservation of any water right. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle D—Snake River Birds of Prey 

National Conservation Area 

SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA. 

(a) RENAMING.—Public Law 103–64 is 

amended— 

(1) in section 2(2) (16 U.S.C. 460iii–1(2)), by 

inserting ‘‘Morley Nelson’’ before ‘‘Snake 

River Birds of Prey National Conservation 

Area’’; and 

(2) in section 3(a)(1) (16 U.S.C. 460iii– 

2(a)(1)), by inserting ‘‘Morley Nelson’’ before 

‘‘Snake River Birds of Prey National Conservation Area’’. 

(b) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the Snake 

River Birds of Prey National Conservation 

Area shall be deemed to be a reference to the 

Morley Nelson Snake River Birds of Prey National Conservation Area. 

(c) TECHNICAL CORRECTIONS.—Public Law 

103–64 is further amended— 

(1) in section 3(a)(1) (16 U.S.C. 460iii– 

2(a)(1)), by striking ‘‘(hereafter referred to as 

the ‘conservation area’)’’; and 

(2) in section 4 (16 U.S.C. 460iii–3)— 

(A) in subsection (a)(2), by striking ‘‘Conservation Area’’ and inserting ‘‘conservation 

area’’; and 

(B) in subsection (d), by striking ‘‘Visitors 

Center’’ and inserting ‘‘visitors center’’. 

Subtitle E—Dominguez-Escalante National 

Conservation Area 

SEC. 2401. DEFINITIONS. 

In this subtitle: 

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ means the DominguezEscalante National Conservation Area established by section 2402(a)(1). 

(2) COUNCIL.—The term ‘‘Council’’ means 

the Dominguez-Escalante National Conservation Area Advisory Council established 

under section 2407. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

developed under section 2406. 

(4) MAP.—The term ‘‘Map’’ means the map 

entitled ‘‘Dominguez-Escalante National 

Conservation Area’’ and dated September 15, 

2008. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Colorado. 

(7) WILDERNESS.—The term ‘‘Wilderness’’ 

means the Dominguez Canyon Wilderness 

Area designated by section 2403(a). 

SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL 

CONSERVATION AREA. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the 

Dominguez-Escalante National Conservation 

Area in the State. 

(2) AREA INCLUDED.—The Conservation 

Area shall consist of approximately 209,610 

acres of public land, as generally depicted on 

the Map. 

(b) PURPOSES.—The purposes of the Conservation Area are to conserve and protect 

for the benefit and enjoyment of present and 

future generations— 

(1) the unique and important resources and 

values of the land, including the geological, 

cultural, archaeological, paleontological, 

natural, scientific, recreational, wilderness, 

wildlife, riparian, historical, educational, 

and scenic resources of the public land; and 

(2) the water resources of area streams, 

based on seasonally available flows, that are 

necessary to support aquatic, riparian, and 

terrestrial species and communities. 

(c) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Conservation Area— 

(A) as a component of the National Landscape Conservation System; 

(B) in a manner that conserves, protects, 

and enhances the resources and values of the 

Conservation Area described in subsection 

(b); and 

(C) in accordance with— 

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this subtitle; and 

(iii) any other applicable laws. 

(2) USES.— 

(A) IN GENERAL.—The Secretary shall allow 

only such uses of the Conservation Area as 

the Secretary determines would further the 

purposes for which the Conservation Area is 

established. 

(B) USE OF MOTORIZED VEHICLES.— 

(i) IN GENERAL.—Except as provided in 

clauses (ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed— 

(I) before the effective date of the management plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on the date of the 

enactment of this Act to the public land in 

the Conservation Area; and 

(II) after the effective date of the management plan, only on roads and trails designated in the management plan for the use 

of motor vehicles. 

(ii) ADMINISTRATIVE AND EMERGENCY RESPONSE USE.—Clause (i) shall not limit the 

use of motor vehicles in the Conservation 

Area for administrative purposes or to respond to an emergency. 

(iii) LIMITATION.—This subparagraph shall 

not apply to the Wilderness. 

SEC. 2403. DOMINGUEZ CANYON WILDERNESS 

AREA. 

(a) IN GENERAL.—In accordance with the 

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

approximately 66,280 acres of public land in 

Mesa, Montrose, and Delta Counties, Colorado, as generally depicted on the Map, is 

designated as wilderness and as a component 

of the National Wilderness Preservation System, to be known as the ‘‘Dominguez Canyon 

Wilderness Area’’. 

(b) ADMINISTRATION OF WILDERNESS.—The 

Wilderness shall be managed by the Secretary in accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.) and this subtitle, except that— 

(1) any reference in the Wilderness Act to 

the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and 

(2) any reference in the Wilderness Act to 

the Secretary of Agriculture shall be considered to be a reference to the Secretary of the 

Interior. 

SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. 

(a) IN GENERAL.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary shall file a map and a legal description of the Conservation Area and the 

Wilderness with— 

(1) the Committee on Energy and Natural 

Resources of the Senate; and 

(2) the Committee on Natural Resources of 

the House of Representatives. 

(b) FORCE AND EFFECT.—The Map and legal 

descriptions filed under subsection (a) shall 

have the same force and effect as if included 

in this subtitle, except that the Secretary 

may correct clerical and typographical errors in the Map and legal descriptions. 

(c) PUBLIC AVAILABILITY.—The Map and 

legal descriptions filed under subsection (a) 

shall be available for public inspection in the 

appropriate offices of the Bureau of Land 

Management. 

SEC. 2405. MANAGEMENT OF CONSERVATION 

AREA AND WILDERNESS. 

(a) WITHDRAWAL.—Subject to valid existing 

rights, all Federal land within the Conservation Area and the Wilderness and all land 

and interests in land acquired by the United 

States within the Conservation Area or the 

Wilderness is withdrawn from— 

(1) all forms of entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 

(b) GRAZING.— 

(1) GRAZING IN CONSERVATION AREA.—Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation 

Area in accordance with the laws (including 

regulations) applicable to the issuance and 

administration of such leases and permits on 

other land under the jurisdiction of the Bureau of Land Management. 

(2) GRAZING IN WILDERNESS.—The grazing of 

livestock in the Wilderness, if established as 

of the date of enactment of this Act, shall be 

permitted to continue— 

(A) subject to any reasonable regulations, 

policies, and practices that the Secretary determines to be necessary; and 

(B) in accordance with— 

(i) section 4(d)(4) of the Wilderness Act (16 

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

(ii) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(c) NO BUFFER ZONES.— 

(1) IN GENERAL.—Nothing in this subtitle 

creates a protective perimeter or buffer zone 

around the Conservation Area. 

(2) ACTIVITIES OUTSIDE CONSERVATION

AREA.—The fact that an activity or use on 

land outside the Conservation Area can be 

seen or heard within the Conservation Area 

shall not preclude the activity or use outside 

the boundary of the Conservation Area. 

(d) ACQUISITION OF LAND.— 

(1) IN GENERAL.—The Secretary may acquire non-Federal land within the boundaries 

of the Conservation Area or the Wilderness 

only through exchange, donation, or purchase from a willing seller. 

(2) MANAGEMENT.—Land acquired under 

paragraph (1) shall— 

(A) become part of the Conservation Area 

and, if applicable, the Wilderness; and 

(B) be managed in accordance with this 

subtitle and any other applicable laws. 

(e) FIRE, INSECTS, AND DISEASES.—Subject 

to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such 

measures as are necessary to control fire, insects, and diseases— 


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(1) in the Wilderness, in accordance with 

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

U.S.C. 1133(d)(1)); and 

(2) except as provided in paragraph (1), in 

the Conservation Area in accordance with 

this subtitle and any other applicable laws. 

(f) ACCESS.—The Secretary shall continue 

to provide private landowners adequate access to inholdings in the Conservation Area. 

(g) INVASIVE SPECIES AND NOXIOUS

WEEDS.—In accordance with any applicable 

laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may 

prescribe measures to control nonnative 

invasive plants and noxious weeds within the 

Conservation Area. 

(h) WATER RIGHTS.— 

(1) EFFECT.—Nothing in this subtitle— 

(A) affects the use or allocation, in existence on the date of enactment of this Act, of 

any water, water right, or interest in water; 

(B) affects any vested absolute or decreed 

conditional water right in existence on the 

date of enactment of this Act, including any 

water right held by the United States; 

(C) affects any interstate water compact in 

existence on the date of enactment of this 

Act; 

(D) authorizes or imposes any new reserved 

Federal water rights; or 

(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States 

in the State on or before the date of enactment of this Act. 

(2) WILDERNESS WATER RIGHTS.— 

(A) IN GENERAL.—The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the 

Wilderness are secured in accordance with 

subparagraphs (B) through (G). 

(B) STATE LAW.— 

(i) PROCEDURAL REQUIREMENTS.—Any water 

rights within the Wilderness for which the 

Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements 

and priority system of State law. 

(ii) ESTABLISHMENT OF WATER RIGHTS.— 

(I) IN GENERAL.—Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights 

pursued under this paragraph shall be established in accordance with State law. 

(II) EXCEPTION.—Notwithstanding subclause (I) and in accordance with this subtitle, the Secretary may appropriate and 

seek adjudication of water rights to maintain surface water levels and stream flows on 

and across the Wilderness to fulfill the purposes of the Wilderness. 

(C) DEADLINE.—The Secretary shall 

promptly, but not earlier than January 2009, 

appropriate the water rights required to fulfill the purposes of the Wilderness. 

(D) REQUIRED DETERMINATION.—The Secretary shall not pursue adjudication for any 

instream flow water rights unless the Secretary makes a determination pursuant to 

subparagraph (E)(ii) or (F). 

(E) COOPERATIVE ENFORCEMENT.— 

(i) IN GENERAL.—The Secretary shall not 

pursue adjudication of any Federal instream 

flow water rights established under this 

paragraph if— 

(I) the Secretary determines, upon adjudication of the water rights by the Colorado 

Water Conservation Board, that the Board 

holds water rights sufficient in priority, 

amount, and timing to fulfill the purposes of 

the Wilderness; and 

(II) the Secretary has entered into a perpetual agreement with the Colorado Water 

Conservation Board to ensure the full exercise, protection, and enforcement of the 

State water rights within the Wilderness to 

reliably fulfill the purposes of the Wilderness. 

(ii) ADJUDICATION.—If the Secretary determines that the provisions of clause (i) have 

not been met, the Secretary shall adjudicate 

and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph. 

(F) INSUFFICIENT WATER RIGHTS.—If the 

Colorado Water Conservation Board modifies 

the instream flow water rights obtained 

under subparagraph (E) to such a degree that 

the Secretary determines that water rights 

held by the State are insufficient to fulfill 

the purposes of the Wilderness, the Secretary 

shall adjudicate and exercise Federal water 

rights required to fulfill the purposes of the 

Wilderness in accordance with subparagraph 

(B). 

(G) FAILURE TO COMPLY.—The Secretary 

shall promptly act to exercise and enforce 

the water rights described in subparagraph 

(E) if the Secretary determines that— 

(i) the State is not exercising its water 

rights consistent with subparagraph (E)(i)(I); 

or 

(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied 

with sufficiently to fulfill the purposes of the 

Wilderness. 

(3) WATER RESOURCE FACILITY.— 

(A) IN GENERAL.—Notwithstanding any 

other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the President 

nor any other officer, employee, or agent of 

the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping 

facility, reservoir, water conservation work, 

aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary 

facility, or other water, diversion, storage, 

or carriage structure in the Wilderness. 

(B) EXCEPTION.—Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities 

within the Wilderness in accordance with— 

(i) section 4(d)(4) of the Wilderness Act (16 

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

(ii) the guidelines set forth in Appendix A 

of the report of the Committee on Interior 

and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) CONSERVATION AREA WATER RIGHTS.— 

With respect to water within the Conservation Area, nothing in this subtitle— 

(A) authorizes any Federal agency to appropriate or otherwise acquire any water 

right on the mainstem of the Gunnison 

River; or 

(B) prevents the State from appropriating 

or acquiring, or requires the State to appropriate or acquire, an instream flow water 

right on the mainstem of the Gunnison 

River. 

(5) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER.— 

(A) IN GENERAL.—In areas in which the 

Gunnison River is used as a reference for defining the boundary of the Wilderness, the 

boundary shall— 

(i) be located at the edge of the river; and 

(ii) change according to the river level. 

(B) EXCLUSION FROM WILDERNESS.—Regardless of the level of the Gunnison River, no 

portion of the Gunnison River is included in 

the Wilderness. 

(i) EFFECT.—Nothing in this subtitle— 

(1) diminishes the jurisdiction of the State 

with respect to fish and wildlife in the State; 

or 

(2) imposes any Federal water quality 

standard upstream of the Conservation Area 

or within the mainstem of the Gunnison 

River that is more restrictive than would be 

applicable had the Conservation Area not 

been established. 

(j) VALID EXISTING RIGHTS.—The designation of the Conservation Area and Wilderness 

is subject to valid rights in existence on the 

date of enactment of this Act. 

SEC. 2406. MANAGEMENT PLAN. 

(a) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

Secretary shall develop a comprehensive 

management plan for the long-term protection and management of the Conservation 

Area. 

(b) PURPOSES.—The management plan 

shall— 

(1) describe the appropriate uses and management of the Conservation Area; 

(2) be developed with extensive public 

input; 

(3) take into consideration any information developed in studies of the land within 

the Conservation Area; and 

(4) include a comprehensive travel management plan. 

SEC. 2407. ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—Not later than 180 

days after the date of enactment of this Act, 

the Secretary shall establish an advisory 

council, to be known as the ‘‘DominguezEscalante National Conservation Area Advisory Council’’. 

(b) DUTIES.—The Council shall advise the 

Secretary with respect to the preparation 

and implementation of the management 

plan. 

(c) APPLICABLE LAW.—The Council shall be 

subject to— 

(1) the Federal Advisory Committee Act (5 

U.S.C. App.); and 

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). 

(d) MEMBERS.—The Council shall include 10 

members to be appointed by the Secretary, 

of whom, to the extent practicable— 

(1) 1 member shall be appointed after considering the recommendations of the Mesa 

County Commission; 

(2) 1 member shall be appointed after considering the recommendations of the 

Montrose County Commission; 

(3) 1 member shall be appointed after considering the recommendations of the Delta 

County Commission; 

(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the 

Conservation Area or the Wilderness; and 

(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta 

County, or Montrose County, Colorado, with 

backgrounds that reflect— 

(A) the purposes for which the Conservation Area or Wilderness was established; and 

(B) the interests of the stakeholders that 

are affected by the planning and management of the Conservation Area and Wilderness. 

(e) REPRESENTATION.—The Secretary shall 

ensure that the membership of the Council is 

fairly balanced in terms of the points of view 

represented and the functions to be performed by the Council. 

(f) DURATION.—The Council shall terminate 

on the date that is 1 year from the date on 

which the management plan is adopted by 

the Secretary. 

SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

Subtitle F—Rio Puerco Watershed 

Management Program 

SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. 

(a) RIO PUERCO MANAGEMENT COMMITTEE.— 

Section 401(b) of the Omnibus Parks and 


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Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4147) is amended— 

(1) in paragraph (2)— 

(A) by redesignating subparagraphs (I) 

through (N) as subparagraphs (J) through 

(O), respectively; and 

(B) by inserting after subparagraph (H) the 

following: 

‘‘(I) the Environmental Protection Agency;’’; and 

(2) in paragraph (4), by striking ‘‘enactment of this Act’’ and inserting ‘‘enactment 

of the Omnibus Public Land Management 

Act of 2009’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

Section 401(e) of the Omnibus Parks and 

Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4148) is amended by 

striking ‘‘enactment of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land 

Management Act of 2009’’. 

Subtitle G—Land Conveyances and 

Exchanges 

SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means Carson 

City Consolidated Municipality, Nevada. 

(2) MAP.—The term ‘‘Map’’ means the map 

entitled ‘‘Carson City, Nevada Area’’, dated 

November 7, 2008, and on file and available 

for public inspection in the appropriate offices of— 

(A) the Bureau of Land Management; 

(B) the Forest Service; and 

(C) the City. 

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

means— 

(A) with respect to land in the National 

Forest System, the Secretary of Agriculture, 

acting through the Chief of the Forest Service; and 

(B) with respect to other Federal land, the 

Secretary of the Interior. 

(4) SECRETARIES.—The term ‘‘Secretaries’’ 

means the Secretary of Agriculture and the 

Secretary of the Interior, acting jointly. 

(5) TRIBE.—The term ‘‘Tribe’’ means the 

Washoe Tribe of Nevada and California, 

which is a federally recognized Indian tribe. 

(b) CONVEYANCES OF FEDERAL LAND AND

CITY LAND.— 

(1) IN GENERAL.—Notwithstanding section 

202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the City 

offers to convey to the United States title to 

the non-Federal land described in paragraph 

(2)(A) that is acceptable to the Secretary of 

Agriculture— 

(A) the Secretary shall accept the offer; 

and 

(B) not later than 180 days after the date 

on which the Secretary receives acceptable 

title to the non-Federal land described in 

paragraph (2)(A), the Secretaries shall convey to the City, subject to valid existing 

rights and for no consideration, except as 

provided in paragraph (3)(A), all right, title, 

and interest of the United States in and to 

the Federal land (other than any easement 

reserved under paragraph (3)(B)) or interest 

in land described in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal 

land referred to in paragraph (1) is the approximately 2,264 acres of land administered 

by the City and identified on the Map as ‘‘To 

U.S. Forest Service’’. 

(B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is— 

(i) the approximately 935 acres of Forest 

Service land identified on the Map as ‘‘To 

Carson City for Natural Areas’’; 

(ii) the approximately 3,604 acres of Bureau 

of Land Management land identified on the 

Map as ‘‘Silver Saddle Ranch and Carson 

River Area’’; 

(iii) the approximately 1,848 acres of Bureau of Land Management land identified on 

the Map as ‘‘To Carson City for Parks and 

Public Purposes’’; and 

(iv) the approximately 75 acres of City land 

in which the Bureau of Land Management 

has a reversionary interest that is identified 

on the Map as ‘‘Reversionary Interest of the 

United States Released’’. 

(3) CONDITIONS.— 

(A) CONSIDERATION.—Before the conveyance of the 62-acre Bernhard parcel to the 

City, the City shall deposit in the special account established by subsection (e)(2)(A) an 

amount equal to 25 percent of the difference 

between— 

(i) the amount for which the Bernhard parcel was purchased by the City on July 18, 

2001; and 

(ii) the amount for which the Bernhard 

parcel was purchased by the Secretary on 

March 24, 2006. 

(B) CONSERVATION EASEMENT.—As a condition of the conveyance of the land described 

in paragraph (2)(B)(ii), the Secretary, in consultation with Carson City and affected local 

interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the conservation values 

of the land, consistent with paragraph (4)(B). 

(C) COSTS.—Any costs relating to the conveyance under paragraph (1), including any 

costs for surveys and other administrative 

costs, shall be paid by the recipient of the 

land being conveyed. 

(4) USE OF LAND.— 

(A) NATURAL AREAS.— 

(i) IN GENERAL.—Except as provided in 

clause (ii), the land described in paragraph 

(2)(B)(i) shall be managed by the City to 

maintain undeveloped open space and to preserve the natural characteristics of the land 

in perpetuity. 

(ii) EXCEPTION.—Notwithstanding clause 

(i), the City may— 

(I) conduct projects on the land to reduce 

fuels; 

(II) construct and maintain trails, trailhead facilities, and any infrastructure on the 

land that is required for municipal water and 

flood management activities; and 

(III) maintain or reconstruct any improvements on the land that are in existence on 

the date of enactment of this Act. 

(B) SILVER SADDLE RANCH AND CARSON

RIVER AREA.— 

(i) IN GENERAL.—Except as provided in 

clause (ii), the land described in paragraph 

(2)(B)(ii) shall— 

(I) be managed by the City to protect and 

enhance the Carson River, the floodplain and 

surrounding upland, and important wildlife 

habitat; and 

(II) be used for undeveloped open space, 

passive recreation, customary agricultural 

practices, and wildlife protection. 

(ii) EXCEPTION.—Notwithstanding clause 

(i), the City may— 

(I) construct and maintain trails and trailhead facilities on the land; 

(II) conduct projects on the land to reduce 

fuels; 

(III) maintain or reconstruct any improvements on the land that are in existence on 

the date of enactment of this Act; and 

(IV) allow the use of motorized vehicles on 

designated roads, trails, and areas in the 

south end of Prison Hill. 

(C) PARKS AND PUBLIC PURPOSES.—The land 

described in paragraph (2)(B)(iii) shall be 

managed by the City for— 

(i) undeveloped open space; and 

(ii) recreation or other public purposes 

consistent with the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public 

Purposes Act’’) (43 U.S.C. 869 et seq.). 

(D) REVERSIONARY INTEREST.— 

(i) RELEASE.—The reversionary interest described in paragraph (2)(B)(iv) shall terminate on the date of enactment of this Act. 

(ii) CONVEYANCE BY CITY.— 

(I) IN GENERAL.—If the City sells, leases, or 

otherwise conveys any portion of the land 

described in paragraph (2)(B)(iv), the sale, 

lease, or conveyance of land shall be— 

(aa) through a competitive bidding process; 

and 

(bb) except as provided in subclause (II), 

for not less than fair market value. 

(II) CONVEYANCE TO GOVERNMENT OR NONPROFIT.—A sale, lease, or conveyance of land 

described in paragraph (2)(B)(iv) to the Federal Government, a State government, a unit 

of local government, or a nonprofit organization shall be for consideration in an amount 

equal to the price established by the Secretary of the Interior under section 2741 of 

title 43, Code of Federal Regulation (or successor regulations). 

(III) DISPOSITION OF PROCEEDS.—The gross 

proceeds from the sale, lease, or conveyance 

of land under subclause (I) shall be distributed in accordance with subsection (e)(1). 

(5) REVERSION.—If land conveyed under 

paragraph (1) is used in a manner that is inconsistent with the uses described in subparagraph (A), (B), (C), or (D) of paragraph 

(4), the land shall, at the discretion of the 

Secretary, revert to the United States. 

(6) MISCELLANEOUS PROVISIONS.— 

(A) IN GENERAL.—On conveyance of the 

non-Federal land under paragraph (1) to the 

Secretary of Agriculture, the non-Federal 

land shall— 

(i) become part of the Humboldt-Toiyabe 

National Forest; and 

(ii) be administered in accordance with the 

laws (including the regulations) and rules 

generally applicable to the National Forest 

System. 

(B) MANAGEMENT PLAN.—The Secretary of 

Agriculture, in consultation with the City 

and other interested parties, may develop 

and implement a management plan for National Forest System land that ensures the 

protection and stabilization of the National 

Forest System land to minimize the impacts 

of flooding on the City. 

(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT.— 

(A) IN GENERAL.—If the City offers to convey to the United States title to the nonFederal land described in subparagraph (B) 

that is acceptable to the Secretary of the Interior, the land shall, at the discretion of the 

Secretary, be conveyed to the United States. 

(B) DESCRIPTION OF LAND.—The non-Federal land referred to in subparagraph (A) is 

the approximately 46 acres of land administered by the City and identified on the Map 

as ‘‘To Bureau of Land Management’’. 

(C) COSTS.—Any costs relating to the conveyance under subparagraph (A), including 

any costs for surveys and other administrative costs, shall be paid by the Secretary of 

the Interior. 

(c) TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST SERVICE TO THE BUREAU OF LAND MANAGEMENT.— 

(1) IN GENERAL.—Administrative jurisdiction over the approximately 50 acres of Forest Service land identified on the Map as 

‘‘Parcel #1’’ is transferred, from the Secretary of Agriculture to the Secretary of the 

Interior. 

(2) COSTS.—Any costs relating to the transfer under paragraph (1), including any costs 

for surveys and other administrative costs, 

shall be paid by the Secretary of the Interior. 

(3) USE OF LAND.— 

(A) RIGHT-OF-WAY.—Not later than 120 days 

after the date of enactment of this Act, the 

Secretary of the Interior shall grant to the 

City a right-of-way for the maintenance of 


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flood management facilities located on the 

land. 

(B) DISPOSAL.—The land referred to in 

paragraph (1) shall be disposed of in accordance with subsection (d). 

(C) DISPOSITION OF PROCEEDS.—The gross 

proceeds from the disposal of land under subparagraph (B) shall be distributed in accordance with subsection (e)(1). 

(d) DISPOSAL OF CARSON CITY LAND.— 

(1) IN GENERAL.—Notwithstanding sections 

202 and 203 of the Federal Land Policy and 

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

the Secretary of the Interior shall, in accordance with that Act, this subsection, and 

other applicable law, and subject to valid existing rights, conduct sales of the Federal 

land described in paragraph (2) to qualified 

bidders. 

(2) DESCRIPTION OF LAND.—The Federal 

land referred to in paragraph (1) is— 

(A) the approximately 108 acres of Bureau 

of Land Management land identified as 

‘‘Lands for Disposal’’ on the Map; and 

(B) the approximately 50 acres of land identified as ‘‘Parcel #1’’ on the Map. 

(3) COMPLIANCE WITH LOCAL PLANNING AND

ZONING LAWS.—Before a sale of Federal land 

under paragraph (1), the City shall submit to 

the Secretary a certification that qualified 

bidders have agreed to comply with— 

(A) City zoning ordinances; and 

(B) any master plan for the area approved 

by the City. 

(4) METHOD OF SALE; CONSIDERATION.—The 

sale of Federal land under paragraph (1) shall 

be— 

(A) consistent with subsections (d) and (f) 

of section 203 of the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1713); 

(B) unless otherwise determined by the 

Secretary, through a competitive bidding 

process; and 

(C) for not less than fair market value. 

(5) WITHDRAWAL.— 

(A) IN GENERAL.—Subject to valid existing 

rights and except as provided in subparagraph (B), the Federal land described in paragraph (2) is withdrawn from— 

(i) all forms of entry and appropriation 

under the public land laws; 

(ii) location, entry, and patent under the 

mining laws; and 

(iii) operation of the mineral leasing and 

geothermal leasing laws. 

(B) EXCEPTION.—Subparagraph (A)(i) shall 

not apply to sales made consistent with this 

subsection. 

(6) DEADLINE FOR SALE.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), not later than 1 year after 

the date of enactment of this Act, if there is 

a qualified bidder for the land described in 

subparagraphs (A) and (B) of paragraph (2), 

the Secretary of the Interior shall offer the 

land for sale to the qualified bidder. 

(B) POSTPONEMENT; EXCLUSION FROM

SALE.— 

(i) REQUEST BY CARSON CITY FOR POSTPONEMENT OR EXCLUSION.—At the request of the 

City, the Secretary shall postpone or exclude 

from the sale under subparagraph (A) all or 

a portion of the land described in subparagraphs (A) and (B) of paragraph (2). 

(ii) INDEFINITE POSTPONEMENT.—Unless specifically requested by the City, a postponement under clause (i) shall not be indefinite. 

(e) DISPOSITION OF PROCEEDS.— 

(1) IN GENERAL.—Of the proceeds from the 

sale of land under subsections (b)(4)(D)(ii) 

and (d)(1)— 

(A) 5 percent shall be paid directly to the 

State for use in the general education program of the State; and 

(B) the remainder shall be deposited in a 

special account in the Treasury of the 

United States, to be known as the ‘‘Carson 

City Special Account’’, and shall be available without further appropriation to the 

Secretary until expended to— 

(i) reimburse costs incurred by the Bureau 

of Land Management for preparing for the 

sale of the Federal land described in subsection (d)(2), including the costs of— 

(I) surveys and appraisals; and 

(II) compliance with— 

(aa) the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); and 

(bb) sections 202 and 203 of the Federal 

Land Policy and Management Act of 1976 (43 

U.S.C. 1712, 1713); 

(ii) reimburse costs incurred by the Bureau 

of Land Management and Forest Service for 

preparing for, and carrying out, the transfers 

of land to be held in trust by the United 

States under subsection (h)(1); and 

(iii) acquire environmentally sensitive 

land or an interest in environmentally sensitive land in the City. 

(2) SILVER SADDLE ENDOWMENT ACCOUNT.— 

(A) ESTABLISHMENT.—There is established 

in the Treasury of the United States a special account, to be known as the ‘‘Silver Saddle Endowment Account’’, consisting of such 

amounts as are deposited under subsection 

(b)(3)(A). 

(B) AVAILABILITY OF AMOUNTS.—Amounts 

deposited in the account established by paragraph (1) shall be available to the Secretary, 

without further appropriation, for the oversight and enforcement of the conservation 

easement established under subsection 

(b)(3)(B). 

(f) URBAN INTERFACE.— 

(1) IN GENERAL.—Except as otherwise provided in this section and subject to valid existing rights, the Federal land described in 

paragraph (2) is permanently withdrawn 

from— 

(A) all forms of entry and appropriation 

under the public land laws and mining laws; 

(B) location and patent under the mining 

laws; and 

(C) operation of the mineral laws, geothermal leasing laws, and mineral material 

laws. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 19,747 acres, which is identified on 

the Map as ‘‘Urban Interface Withdrawal’’. 

(3) INCORPORATION OF ACQUIRED LAND AND

INTERESTS.—Any land or interest in land 

within the boundaries of the land described 

in paragraph (2) that is acquired by the 

United States after the date of enactment of 

this Act shall be withdrawn in accordance 

with this subsection. 

(4) OFF-HIGHWAY VEHICLE MANAGEMENT.— 

Until the date on which the Secretary, in 

consultation with the State, the City, and 

any other interested persons, completes a 

transportation plan for Federal land in the 

City, the use of motorized and mechanical 

vehicles on Federal land within the City 

shall be limited to roads and trails in existence on the date of enactment of this Act unless the use of the vehicles is needed— 

(A) for administrative purposes; or 

(B) to respond to an emergency. 

(g) AVAILABILITY OF FUNDS.—Section 4(e) of 

the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 

Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 

Stat. 2414; 120 Stat. 3045) is amended— 

(1) in paragraph (3)(A)(iv), by striking 

‘‘Clark, Lincoln, and White Pine Counties 

and Washoe County (subject to paragraph 

4))’’ and inserting ‘‘Clark, Lincoln, and 

White Pine Counties and Washoe County 

(subject to paragraph 4)) and Carson City 

(subject to paragraph (5))’’; 

(2) in paragraph (3)(A)(v), by striking 

‘‘Clark, Lincoln, and White Pine Counties’’ 

and inserting ‘‘Clark, Lincoln, and White 

Pine Counties and Carson City (subject to 

paragraph (5))’’; 

(3) in paragraph (4), by striking ‘‘2011’’ and 

inserting ‘‘2015’’; and 

(4) by adding at the end the following: 

‘‘(5) LIMITATION FOR CARSON CITY.—Carson 

City shall be eligible to nominate for expenditure amounts to acquire land or an interest 

in land for parks or natural areas and for 

conservation initiatives— 

‘‘(A) adjacent to the Carson River; or 

‘‘(B) within the floodplain of the Carson 

River.’’. 

(h) TRANSFER OF LAND TO BE HELD IN

TRUST FOR WASHOE TRIBE.— 

(1) IN GENERAL.—Subject to valid existing 

rights, all right, title, and interest of the 

United States in and to the land described in 

paragraph (2)— 

(A) shall be held in trust by the United 

States for the benefit and use of the Tribe; 

and 

(B) shall be part of the reservation of the 

Tribe. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 293 acres, which is identified on the 

Map as ‘‘To Washoe Tribe’’. 

(3) SURVEY.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the 

boundaries of the land taken into trust 

under paragraph (1). 

(4) USE OF LAND.— 

(A) GAMING.—Land taken into trust under 

paragraph (1) shall not be eligible, or considered to have been taken into trust, for class 

II gaming or class III gaming (as those terms 

are defined in section 4 of the Indian Gaming 

Regulatory Act (25 U.S.C. 2703)). 

(B) TRUST LAND FOR CEREMONIAL USE AND

CONSERVATION.—With respect to the use of 

the land taken into trust under paragraph (1) 

that is above the 5,200′ elevation contour, the 

Tribe— 

(i) shall limit the use of the land to— 

(I) traditional and customary uses; and 

(II) stewardship conservation for the benefit of the Tribe; and 

(ii) shall not permit any— 

(I) permanent residential or recreational 

development on the land; or 

(II) commercial use of the land, including 

commercial development or gaming. 

(C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL USE.—With respect to the use of the 

land taken into trust under paragraph (1), 

the Tribe shall limit the use of the land 

below the 5,200′ elevation to— 

(i) traditional and customary uses; 

(ii) stewardship conservation for the benefit of the Tribe; and 

(iii)(I) residential or recreational development; or 

(II) commercial use. 

(D) THINNING; LANDSCAPE RESTORATION.— 

With respect to the land taken into trust 

under paragraph (1), the Secretary of Agriculture, in consultation and coordination 

with the Tribe, may carry out any thinning 

and other landscape restoration activities on 

the land that is beneficial to the Tribe and 

the Forest Service. 

(i) CORRECTION OF SKUNK HARBOR CONVEYANCE.— 

(1) PURPOSE.—The purpose of this subsection is to amend Public Law 108–67 (117 

Stat. 880) to make a technical correction relating to the land conveyance authorized 

under that Act. 

(2) TECHNICAL CORRECTION.—Section 2 of 

Public Law 108–67 (117 Stat. 880) is amended— 

(A) by striking ‘‘Subject to’’ and inserting 

the following: 

‘‘(a) IN GENERAL.—Subject to’’; 

(B) in subsection (a) (as designated by 

paragraph (1)), by striking ‘‘the parcel’’ and 

all that follows through the period at the 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S465 

end and inserting the following: ‘‘and to approximately 23 acres of land identified as 

‘Parcel A’ on the map entitled ‘Skunk Harbor Conveyance Correction’ and dated September 12, 2008, the western boundary of 

which is the low water line of Lake Tahoe at 

elevation 6,223.0′ (Lake Tahoe Datum).’’; and 

(C) by adding at the end the following: 

‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 

‘‘(1) IN GENERAL.—Not later than 180 days 

after the date of enactment of this subsection, the Secretary of Agriculture shall 

complete a survey and legal description of 

the boundary lines to establish the boundaries of the trust land. 

‘‘(2) TECHNICAL CORRECTIONS.—The Secretary may correct any technical errors in 

the survey or legal description completed 

under paragraph (1). 

‘‘(c) PUBLIC ACCESS AND USE.—Nothing in 

this Act prohibits any approved general public access (through existing easements or by 

boat) to, or use of, land remaining within the 

Lake Tahoe Basin Management Unit after 

the conveyance of the land to the Secretary 

of the Interior, in trust for the Tribe, under 

subsection (a), including access to, and use 

of, the beach and shoreline areas adjacent to 

the portion of land conveyed under that subsection.’’. 

(3) DATE OF TRUST STATUS.—The trust land 

described in section 2(a) of Public Law 108–67 

(117 Stat. 880) shall be considered to be taken 

into trust as of August 1, 2003. 

(4) TRANSFER.—The Secretary of the Interior, acting on behalf of and for the benefit 

of the Tribe, shall transfer to the Secretary 

of Agriculture administrative jurisdiction 

over the land identified as ‘‘Parcel B’’ on the 

map entitled ‘‘Skunk Harbor Conveyance 

Correction’’ and dated September 12, 2008. 

(j) AGREEMENT WITH FOREST SERVICE.—The 

Secretary of Agriculture, in consultation 

with the Tribe, shall develop and implement 

a cooperative agreement that ensures regular access by members of the Tribe and 

other people in the community of the Tribe 

across National Forest System land from the 

City to Lake Tahoe for cultural and religious 

purposes. 

(k) ARTIFACT COLLECTION.— 

(1) NOTICE.—At least 180 days before conducting any ground disturbing activities on 

the land identified as ‘‘Parcel #2’’ on the 

Map, the City shall notify the Tribe of the 

proposed activities to provide the Tribe with 

adequate time to inventory and collect any 

artifacts in the affected area. 

(2) AUTHORIZED ACTIVITIES.—On receipt of 

notice under paragraph (1), the Tribe may 

collect and possess any artifacts relating to 

the Tribe in the land identified as ‘‘Parcel 

#2’’ on the Map. 

(l) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

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

of Henderson, Nevada. 

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

means the Secretary of the Interior. 

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

State of Nevada. 

(4) TRANSITION AREA.—The term ‘‘Transition Area’’ means the approximately 502 

acres of Federal land located in Henderson, 

Nevada, and identified as ‘‘Limited Transition Area’’ on the map entitled ‘‘Southern 

Nevada Limited Transition Area Act’’ and 

dated March 20, 2006. 

(b) SOUTHERN NEVADA LIMITED TRANSITION

AREA.— 

(1) CONVEYANCE.—Notwithstanding the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.), on request of the 

City, the Secretary shall, without consideration and subject to all valid existing rights, 

convey to the City all right, title, and interest of the United States in and to the Transition Area. 

(2) USE OF LAND FOR NONRESIDENTIAL DEVELOPMENT.— 

(A) IN GENERAL.—After the conveyance to 

the City under paragraph (1), the City may 

sell, lease, or otherwise convey any portion 

or portions of the Transition Area for purposes of nonresidential development. 

(B) METHOD OF SALE.— 

(i) IN GENERAL.—The sale, lease, or conveyance of land under subparagraph (A) shall be 

through a competitive bidding process. 

(ii) FAIR MARKET VALUE.—Any land sold, 

leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value. 

(C) COMPLIANCE WITH CHARTER.—Except as 

provided in subparagraphs (B) and (D), the 

City may sell, lease, or otherwise convey 

parcels within the Transition Area only in 

accordance with the procedures for conveyances established in the City Charter. 

(D) DISPOSITION OF PROCEEDS.—The gross 

proceeds from the sale of land under subparagraph (A) shall be distributed in accordance 

with section 4(e) of the Southern Nevada 

Public Land Management Act of 1998 (112 

Stat. 2345). 

(3) USE OF LAND FOR RECREATION OR OTHER

PUBLIC PURPOSES.—The City may elect to retain parcels in the Transition Area for public 

recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public 

Purposes Act’’) (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the 

election. 

(4) NOISE COMPATIBILITY REQUIREMENTS.— 

The City shall— 

(A) plan and manage the Transition Area 

in accordance with section 47504 of title 49, 

United States Code (relating to airport noise 

compatibility planning), and regulations 

promulgated in accordance with that section; and 

(B) agree that if any land in the Transition 

Area is sold, leased, or otherwise conveyed 

by the City, the sale, lease, or conveyance 

shall contain a limitation to require uses 

compatible with that airport noise compatibility planning. 

(5) REVERSION.— 

(A) IN GENERAL.—If any parcel of land in 

the Transition Area is not conveyed for nonresidential development under this section 

or reserved for recreation or other public 

purposes under paragraph (3) by the date 

that is 20 years after the date of enactment 

of this Act, the parcel of land shall, at the 

discretion of the Secretary, revert to the 

United States. 

(B) INCONSISTENT USE.—If the City uses any 

parcel of land within the Transition Area in 

a manner that is inconsistent with the uses 

specified in this subsection— 

(i) at the discretion of the Secretary, the 

parcel shall revert to the United States; or 

(ii) if the Secretary does not make an election under clause (i), the City shall sell the 

parcel of land in accordance with this subsection. 

SEC. 2603. NEVADA CANCER INSTITUTE LAND 

CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

(1) ALTA-HUALAPAI SITE.—The term ‘‘AltaHualapai Site’’ means the approximately 80 

acres of land that is— 

(A) patented to the City under the Act of 

June 14, 1926 (commonly known as the 

‘‘Recreation and Public Purposes Act’’) (43 

U.S.C. 869 et seq.); and 

(B) identified on the map as the ‘‘AltaHualapai Site’’. 

(2) CITY.—The term ‘‘City’’ means the city 

of Las Vegas, Nevada. 

(3) INSTITUTE.—The term ‘‘Institute’’ 

means the Nevada Cancer Institute, a nonprofit organization described under section 

501(c)(3) of the Internal Revenue Code of 1986, 

the principal place of business of which is at 

10441 West Twain Avenue, Las Vegas, Nevada. 

(4) MAP.—The term ‘‘map’’ means the map 

titled ‘‘Nevada Cancer Institute Expansion 

Act’’ and dated July 17, 2006. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior, acting 

through the Director of the Bureau of Land 

Management. 

(6) WATER DISTRICT.—The term ‘‘Water District’’ means the Las Vegas Valley Water 

District. 

(b) LAND CONVEYANCE.— 

(1) SURVEY AND LEGAL DESCRIPTION.—The 

City shall prepare a survey and legal description of the Alta-Hualapai Site. The survey 

shall conform to the Bureau of Land Management cadastral survey standards and be 

subject to approval by the Secretary. 

(2) ACCEPTANCE.—The Secretary may accept the relinquishment by the City of all or 

part of the Alta-Hualapai Site. 

(3) CONVEYANCE FOR USE AS NONPROFIT CANCER INSTITUTE.—After relinquishment of all 

or part of the Alta-Hualapai Site to the Secretary, and not later than 180 days after request of the Institute, the Secretary shall 

convey to the Institute, subject to valid existing rights, the portion of the AltaHualapai Site that is necessary for the development of a nonprofit cancer institute. 

(4) ADDITIONAL CONVEYANCES.—Not later 

than 180 days after a request from the City, 

the Secretary shall convey to the City, subject to valid existing rights, any remaining 

portion of the Alta-Hualapai Site necessary 

for ancillary medical or nonprofit use compatible with the mission of the Institute. 

(5) APPLICABLE LAW.—Any conveyance by 

the City of any portion of the land received 

under this section shall be for no less than 

fair market value and the proceeds shall be 

distributed in accordance with section 4(e)(1) 

of Public Law 105–263 (112 Stat. 2345). 

(6) TRANSACTION COSTS.—All land conveyed 

by the Secretary under this section shall be 

at no cost, except that the Secretary may require the recipient to bear any costs associated with transfer of title or any necessary 

land surveys. 

(7) REPORT.—Not later than 180 days after 

the date of the enactment of this Act, the 

Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report 

on all transactions conducted under Public 

Law 105–263 (112 Stat. 2345). 

(c) RIGHTS-OF-WAY.—Consistent with the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701), the Secretary may grant 

rights-of-way to the Water District on a portion of the Alta-Hualapai Site for a flood 

control project and a water pumping facility. 

(d) REVERSION.—Any property conveyed 

pursuant to this section which ceases to be 

used for the purposes specified in this section 

shall, at the discretion of the Secretary, revert to the United States, along with any 

improvements thereon or thereto. 

SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the approximately 25 acres of 

Bureau of Land Management land identified 

on the map as ‘‘Lands to be conveyed to 

Turnabout Ranch’’. 

(2) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Turnabout Ranch Conveyance’’ 

dated May 12, 2006, and on file in the office of 


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the Director of the Bureau of Land Management. 

(3) MONUMENT.—The term ‘‘Monument’’ 

means the Grand Staircase-Escalante National Monument located in southern Utah. 

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

means the Secretary of the Interior. 

(5) TURNABOUT RANCH.—The term ‘‘Turnabout Ranch’’ means the Turnabout Ranch 

in Escalante, Utah, owned by Aspen Education Group. 

(b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT RANCH.— 

(1) IN GENERAL.—Notwithstanding the land 

use planning requirements of sections 202 

and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if 

not later than 30 days after completion of 

the appraisal required under paragraph (2), 

Turnabout Ranch of Escalante, Utah, submits to the Secretary an offer to acquire the 

Federal land for the appraised value, the 

Secretary shall, not later than 30 days after 

the date of the offer, convey to Turnabout 

Ranch all right, title, and interest to the 

Federal land, subject to valid existing rights. 

(2) APPRAISAL.—Not later than 90 days 

after the date of enactment of this Act, the 

Secretary shall complete an appraisal of the 

Federal land. The appraisal shall be completed in accordance with the ‘‘Uniform Appraisal Standards for Federal Land Acquisitions’’ and the ‘‘Uniform Standards of Professional Appraisal Practice’’. All costs associated with the appraisal shall be born by 

Turnabout Ranch. 

(3) PAYMENT OF CONSIDERATION.—Not later 

than 30 days after the date on which the Federal land is conveyed under paragraph (1), as 

a condition of the conveyance, Turnabout 

Ranch shall pay to the Secretary an amount 

equal to the appraised value of the Federal 

land, as determined under paragraph (2). 

(4) COSTS OF CONVEYANCE.—As a condition 

of the conveyance, any costs of the conveyance under this section shall be paid by 

Turnabout Ranch. 

(5) DISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds from the 

conveyance of the Federal land under paragraph (1) in the Federal Land Deposit Account established by section 206 of the Federal Land Transaction Facilitation Act(43 

U.S.C. 2305), to be expended in accordance 

with that Act. 

(c) MODIFICATION OF MONUMENT BOUNDARY.—When the conveyance authorized by 

subsection (b) is completed, the boundaries 

of the Grand Staircase-Escalante National 

Monument in the State of Utah are hereby 

modified to exclude the Federal land conveyed to Turnabout Ranch. 

SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

(a) DEFINITIONS.—In this section: 

(1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

means the Utah National Parks Council of 

the Boy Scouts of America. 

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

means the Secretary of the Interior. 

(b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

(1) AUTHORITY TO CONVEY.— 

(A) IN GENERAL.—Subject to paragraph (3) 

and notwithstanding the Act of June 14, 1926 

(commonly known as the ‘‘Recreation and 

Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

the Boy Scouts may convey to Brian Head 

Resort, subject to valid existing rights and, 

except as provided in subparagraph (B), any 

rights reserved by the United States, all 

right, title, and interest granted to the Boy 

Scouts by the original patent to the parcel 

described in paragraph (2)(A) in exchange for 

the conveyance by Brian Head Resort to the 

Boy Scouts of all right, title, and interest in 

and to the parcels described in paragraph 

(2)(B). 

(B) REVERSIONARY INTEREST.—On conveyance of the parcel of land described in paragraph (2)(A), the Secretary shall have discretion with respect to whether or not the reversionary interests of the United States are 

to be exercised. 

(2) DESCRIPTION OF LAND.—The parcels of 

land referred to in paragraph (1) are— 

(A) the 120-acre parcel that is part of a 

tract of public land acquired by the Boy 

Scouts under the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public 

Purposes Act’’) (43 U.S.C. 869 et seq.) for the 

purpose of operating a camp, which is more 

particularly described as the W 1/2 SE 1/4 and 

SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt 

Lake Base and Meridian; and 

(B) the 2 parcels of private land owned by 

Brian Head Resort that total 120 acres, which 

are more particularly described as— 

(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, 

T. 35 S., R. 9 W., Salt Lake Base and Meridian; and 

(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., 

Salt Lake Base Meridian. 

(3) CONDITIONS.—On conveyance to the Boy 

Scouts under paragraph (1)(A), the parcels of 

land described in paragraph (2)(B) shall be 

subject to the terms and conditions imposed 

on the entire tract of land acquired by the 

Boy Scouts for a camp under the Bureau of 

Land Management patent numbered 43–75– 

0010. 

(4) MODIFICATION OF PATENT.—On completion of the exchange under paragraph (1)(A), 

the Secretary shall amend the original Bureau of Land Management patent providing 

for the conveyance to the Boy Scouts under 

the Act of June 14, 1926 (commonly known as 

the ‘‘Recreation and Public Purposes Act’’) 

(43 U.S.C. 869 et seq.) numbered 43–75–0010 to 

take into account the exchange under paragraph (1)(A). 

SEC. 2606. DOUGLAS COUNTY, WASHINGTON, 

LAND CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

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

means the approximately 622 acres of Federal land managed by the Bureau of Land 

Management and identified for conveyance 

on the map prepared by the Bureau of Land 

Management entitled ‘‘Douglas County Public Utility District Proposal’’ and dated 

March 2, 2006. 

(2) PUD.—The term ‘‘PUD’’ means the Public Utility District No. 1 of Douglas County, 

Washington. 

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

means the Secretary of the Interior. 

(4) WELLS HYDROELECTRIC PROJECT.—The 

term ‘‘Wells Hydroelectric Project’’ means 

Federal Energy Regulatory Commission 

Project No. 2149. 

(b) CONVEYANCE OF PUBLIC LAND, WELLS

HYDROELECTRIC PROJECT, PUBLIC UTILITY

DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON.— 

(1) CONVEYANCE REQUIRED.—Notwithstanding the land use planning requirements 

of sections 202 and 203 of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1712, 1713), and notwithstanding section 24 of the Federal Power Act (16 U.S.C. 

818) and Federal Power Order for Project 

2149, and subject to valid existing rights, if 

not later than 45 days after the date of completion of the appraisal required under paragraph (2), the Public Utility District No. 1 of 

Douglas County, Washington, submits to the 

Secretary an offer to acquire the public land 

for the appraised value, the Secretary shall 

convey, not later than 30 days after the date 

of the offer, to the PUD all right, title, and 

interest of the United States in and to the 

public land. 

(2) APPRAISAL.—Not later than 60 days 

after the date of enactment of this Act, the 

Secretary shall complete an appraisal of the 

public land. The appraisal shall be conducted 

in accordance with the ‘‘Uniform Appraisal 

Standards for Federal Land Acquisitions’’ 

and the ‘‘Uniform Standards of Professional 

Appraisal Practice’’. 

(3) PAYMENT.—Not later than 30 days after 

the date on which the public land is conveyed under this subsection, the PUD shall 

pay to the Secretary an amount equal to the 

appraised value of the public land as determined under paragraph (2). 

(4) MAP AND LEGAL DESCRIPTIONS.—As soon 

as practicable after the date of enactment of 

this Act, the Secretary shall finalize legal 

descriptions of the public land to be conveyed under this subsection. The Secretary 

may correct any minor errors in the map referred to in subsection (a)(1) or in the legal 

descriptions. The map and legal descriptions 

shall be on file and available for public inspection in appropriate offices of the Bureau 

of Land Management. 

(5) COSTS OF CONVEYANCE.—As a condition 

of conveyance, any costs related to the conveyance under this subsection shall be paid 

by the PUD. 

(6) DISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds from the 

sale in the Federal Land Disposal Account 

established by section 206 of the Federal 

Land Transaction Facilitation Act (43 U.S.C. 

2305) to be expended to improve access to 

public lands administered by the Bureau of 

Land Management in the State of Washington. 

(c) SEGREGATION OF LANDS.— 

(1) WITHDRAWAL.—Except as provided in 

subsection (b)(1), effective immediately upon 

enactment of this Act, and subject to valid 

existing rights, the public land is withdrawn 

from— 

(A) all forms of entry, appropriation, or 

disposal under the public land laws, and all 

amendments thereto; 

(B) location, entry, and patenting under 

the mining laws, and all amendments thereto; and 

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws, 

and all amendments thereto. 

(2) DURATION.—This subsection expires two 

years after the date of enactment of this Act 

or on the date of the completion of the conveyance under subsection (b), whichever is 

earlier. 

(d) RETAINED AUTHORITY.—The Secretary 

shall retain the authority to place conditions on the license to insure adequate protection and utilization of the public land 

granted to the Secretary in section 4(e) of 

the Federal Power Act (16 U.S.C. 797(e)) until 

the Federal Energy Regulatory Commission 

has issued a new license for the Wells Hydroelectric Project, to replace the original license expiring May 31, 2012, consistent with 

section 15 of the Federal Power Act (16 

U.S.C. 808). 

SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

(a) CONVEYANCE.—As soon as practicable 

after the date of enactment of this Act, the 

Secretary of the Interior, acting through the 

Director of the Bureau of Land Management, 

shall convey to the city of Twin Falls, Idaho, 

subject to valid existing rights, without consideration, all right, title, and interest of the 

United States in and to the 4 parcels of land 

described in subsection (b). 

(b) LAND DESCRIPTION.—The 4 parcels of 

land to be conveyed under subsection (a) are 

the approximately 165 acres of land in Twin 

Falls County, Idaho, that are identified as 

‘‘Land to be conveyed to Twin Falls’’ on the 

map titled ‘‘Twin Falls Land Conveyance’’ 

and dated July 28, 2008. 

(c) MAP ON FILE.—A map depicting the land 

described in subsection (b) shall be on file 


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and available for public inspection in the appropriate offices of the Bureau of Land Management. 

(d) USE OF CONVEYED LANDS.— 

(1) PURPOSE.—The land conveyed under 

this section shall be used to support the public purposes of the Auger Falls Project, including a limited agricultural exemption to 

allow for water quality and wildlife habitat 

improvements. 

(2) RESTRICTION.—The land conveyed under 

this section shall not be used for residential 

or commercial purposes, except for the limited agricultural exemption described in 

paragraph (1). 

(3) ADDITIONAL TERMS AND CONDITIONS.— 

The Secretary of the Interior may require 

such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the 

interests of the United States. 

(e) REVERSION.—If the land conveyed under 

this section is no longer used in accordance 

with subsection (d)— 

(1) the land shall, at the discretion of the 

Secretary based on his determination of the 

best interests of the United States, revert to 

the United States; and 

(2) if the Secretary chooses to have the 

land revert to the United States and if the 

Secretary determines that the land is environmentally contaminated, the city of Twin 

Falls, Idaho, or any other person responsible 

for the contamination shall remediate the 

contamination. 

(f) ADMINISTRATIVE COSTS.—The Secretary 

shall require that the city of Twin Falls, 

Idaho, pay all survey costs and other administrative costs necessary for the preparation 

and completion of any patents of and transfer of title to property under this section. 

SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY 

AREA RELEASE, NEVADA. 

(a) FINDING.—Congress finds that the land 

described in subsection (c) has been adequately studied for wilderness designation 

under section 603 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1782). 

(b) RELEASE.—The land described in subsection (c)— 

(1) is no longer subject to section 603(c) of 

the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782(c)); and 

(2) shall be managed in accordance with— 

(A) land management plans adopted under 

section 202 of that Act (43 U.S.C. 1712); and 

(B) cooperative conservation agreements 

in existence on the date of the enactment of 

this Act. 

(c) DESCRIPTION OF LAND.—The land referred to in subsections (a) and (b) is the approximately 70 acres of land in the Sunrise 

Mountain Instant Study Area of Clark County, Nevada, that is designated on the map 

entitled ‘‘Sunrise Mountain ISA Release 

Areas’’ and dated September 6, 2008. 

SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

(a) CONVEYANCE OF LAND BY THE BUREAU OF

LAND MANAGEMENT TO PARK CITY, UTAH.— 

(1) LAND TRANSFER.—Notwithstanding the 

planning requirements of sections 202 and 203 

of the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall convey, not later 

than 180 days after the date of the enactment 

of this Act, to Park City, Utah, all right, 

title, and interest of the United States in 

and to two parcels of real property located in 

Park City, Utah, that are currently under 

the management jurisdiction of the Bureau 

of Land Management and designated as parcel 8 (commonly known as the White Acre 

parcel) and parcel 16 (commonly known as 

the Gambel Oak parcel). The conveyance 

shall be subject to all valid existing rights. 

(2) DEED RESTRICTION.—The conveyance of 

the lands under paragraph (1) shall be made 

by a deed or deeds containing a restriction 

requiring that the lands be maintained as 

open space and used solely for public recreation purposes or other purposes consistent 

with their maintenance as open space. This 

restriction shall not be interpreted to prohibit the construction or maintenance of recreational facilities, utilities, or other structures that are consistent with the maintenance of the lands as open space or its use 

for public recreation purposes. 

(3) CONSIDERATION.—In consideration for 

the transfer of the land under paragraph (1), 

Park City shall pay to the Secretary of the 

Interior an amount consistent with conveyances to governmental entities for recreational purposes under the Act of June 14, 

1926 (commonly known as the Recreation and 

Public Purposes Act; 43 U.S.C. 869 et seq.). 

(b) SALE OF BUREAU OF LAND MANAGEMENT

LAND IN PARK CITY, UTAH, AT AUCTION.— 

(1) SALE OF LAND.—Not later than 180 days 

after the date of the enactment of this Act, 

the Secretary of the Interior shall offer for 

sale any right, title, or interest of the United 

States in and to two parcels of real property 

located in Park City, Utah, that are currently under the management jurisdiction of 

the Bureau of Land Management and are designated as parcels 17 and 18 in the Park City, 

Utah, area. The sale of the land shall be carried out in accordance with the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1701) and other applicable law, other 

than the planning provisions of sections 202 

and 203 of such Act (43 U.S.C. 1712, 1713), and 

shall be subject to all valid existing rights. 

(2) METHOD OF SALE.—The sale of the land 

under paragraph (1) shall be consistent with 

subsections (d) and (f) of section 203 of the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1713) through a competitive 

bidding process and for not less than fair 

market value. 

(c) DISPOSITION OF LAND SALES PROCEEDS.— 

All proceeds derived from the sale of land described in this section shall be deposited in 

the Federal Land Disposal Account established by section 206(a) of the Federal Land 

Transaction Facilitation Act (43 U.S.C. 

2305(a)). 

SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS IN RENO, 

NEVADA. 

(a) RAILROAD LANDS DEFINED.—For the 

purposes of this section, the term ‘‘railroad 

lands’’ means those lands within the City of 

Reno, Nevada, located within portions of sections 10, 11, and 12 of T.19 N., R. 19 E., and 

portions of section 7 of T.19 N., R. 20 E., 

Mount Diablo Meridian, Nevada, that were 

originally granted to the Union Pacific Railroad under the provisions of the Act of July 

1, 1862, commonly known as the Union Pacific Railroad Act. 

(b) RELEASE OF REVERSIONARY INTEREST.— 

Any reversionary interests of the United 

States (including interests under the Act of 

July 1, 1862, commonly known as the Union 

Pacific Railroad Act) in and to the railroad 

lands as defined in subsection (a) of this section are hereby released. 

SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS 

OF THE TUOLUMNE RANCHERIA. 

(a) IN GENERAL.— 

(1) FEDERAL LANDS.—Subject to valid existing rights, all right, title, and interest (including improvements and appurtenances) of 

the United States in and to the Federal lands 

described in subsection (b), the Federal lands 

shall be declared to be held in trust by the 

United States for the benefit of the Tribe for 

nongaming purposes, and shall be subject to 

the same terms and conditions as those lands 

described in the California Indian Land 

Transfer Act (Public Law 106–568; 114 Stat. 

2921). 

(2) TRUST LANDS.—Lands described in subsection (c) of this section that are taken or 

to be taken in trust by the United States for 

the benefit of the Tribe shall be subject to 

subsection (c) of section 903 of the California 

Indian Land Transfer Act (Public Law 106– 

568; 114 Stat. 2921). 

(b) FEDERAL LANDS DESCRIBED.—The Federal lands described in this subsection, comprising approximately 66 acres, are as follows: 

(1) Township 1 North, Range 16 East, Section 6, Lots 10 and 12, MDM, containing 50.24 

acres more or less. 

(2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM, containing 15.35 acres 

more or less. 

(3) Township 2 North, Range 16 East, Section 32, Indian Cemetery Reservation within 

Lot 22, MDM, containing 0.4 acres more or 

less. 

(c) TRUST LANDS DESCRIBED.—The trust 

lands described in this subsection, comprising approximately 357 acres, are commonly referred to as follows: 

(1) Thomas property, pending trust acquisition, 104.50 acres. 

(2) Coenenburg property, pending trust acquisition, 192.70 acres, subject to existing 

easements of record, including but not limited to a non-exclusive easement for ingress 

and egress for the benefit of adjoining property as conveyed by Easement Deed recorded 

July 13, 1984, in Volume 755, Pages 189 to 192, 

and as further defined by Stipulation and 

Judgment entered by Tuolumne County Superior Court on September 2, 1983, and recorded June 4, 1984, in Volume 751, Pages 61 

to 67. 

(3) Assessor Parcel No. 620505300, 1.5 acres, 

trust land. 

(4) Assessor Parcel No. 620505400, 19.23 

acres, trust land. 

(5) Assessor Parcel No. 620505600, 3.46 acres, 

trust land. 

(6) Assessor Parcel No. 620505700, 7.44 acres, 

trust land. 

(7) Assessor Parcel No. 620401700, 0.8 acres, 

trust land. 

(8) A portion of Assessor Parcel No. 

620500200, 2.5 acres, trust land. 

(9) Assessor Parcel No. 620506200, 24.87 

acres, trust land. 

(d) SURVEY.—As soon as practicable after 

the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau of 

Land Management shall complete fieldwork 

required for a survey of the lands described 

in subsections (b) and (c) for the purpose of 

incorporating those lands within the boundaries of the Tuolumne Rancheria. Not later 

than 90 days after that fieldwork is completed, that office shall complete the survey. 

(e) LEGAL DESCRIPTIONS.— 

(1) PUBLICATION.—On approval by the Community Council of the Tribe of the survey 

completed under subsection (d), the Secretary of the Interior shall publish in the 

Federal Register— 

(A) a legal description of the new boundary 

lines of the Tuolumne Rancheria; and 

(B) a legal description of the land surveyed 

under subsection (d). 

(2) EFFECT.—Beginning on the date on 

which the legal descriptions are published 

under paragraph (1), such legal descriptions 

shall be the official legal descriptions of 

those boundary lines of the Tuolumne 

Rancheria and the lands surveyed. 

TITLE III—FOREST SERVICE 

AUTHORIZATIONS 

Subtitle A—Watershed Restoration and 

Enhancement 

SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS. 

Section 323 of the Department of the Interior and Related Agencies Appropriations 

Act, 1999 (16 U.S.C. 1011 note; Public Law 105– 

277), is amended— 


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(1) in subsection (a), by striking ‘‘each of 

fiscal years 2006 through 2011’’ and inserting 

‘‘fiscal year 2006 and each fiscal year thereafter’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) APPLICABLE LAW.—Chapter 63 of title 

31, United States Code, shall not apply to— 

‘‘(1) a watershed restoration and enhancement agreement entered into under this section; or 

‘‘(2) an agreement entered into under the 

first section of Public Law 94–148 (16 U.S.C. 

565a–1).’’. 

Subtitle B—Wildland Firefighter Safety 

SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARIES.—The term ‘‘Secretaries’’ 

means— 

(A) the Secretary of the Interior, acting 

through the Directors of the Bureau of Land 

Management, the United States Fish and 

Wildlife Service, the National Park Service, 

and the Bureau of Indian Affairs; and 

(B) the Secretary of Agriculture, acting 

through the Chief of the Forest Service. 

(2) WILDLAND FIREFIGHTER.—The term 

‘‘wildland firefighter’’ means any person who 

participates in wildland firefighting activities— 

(A) under the direction of either of the Secretaries; or 

(B) under a contract or compact with a federally recognized Indian tribe. 

(b) ANNUAL REPORT TO CONGRESS.— 

(1) IN GENERAL.—The Secretaries shall 

jointly submit to Congress an annual report 

on the wildland firefighter safety practices 

of the Secretaries, including training programs and activities for wildland fire suppression, prescribed burning, and wildland 

fire use, during the preceding calendar year. 

(2) TIMELINE.—Each report under paragraph (1) shall— 

(A) be submitted by not later than March 

of the year following the calendar year covered by the report; and 

(B) include— 

(i) a description of, and any changes to, 

wildland firefighter safety practices, including training programs and activities for 

wildland fire suppression, prescribed burning, and wildland fire use; 

(ii) statistics and trend analyses; 

(iii) an estimate of the amount of Federal 

funds expended by the Secretaries on 

wildland firefighter safety practices, including training programs and activities for 

wildland fire suppression, prescribed burning, and wildland fire use; 

(iv) progress made in implementing recommendations from the Inspector General, 

the Government Accountability Office, the 

Occupational Safety and Health Administration, or an agency report relating to a 

wildland firefighting fatality issued during 

the preceding 10 years; and 

(v) a description of— 

(I) the provisions relating to wildland firefighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters by a non-Federal entity; 

(II) a summary of any actions taken by the 

Secretaries to ensure that the provisions relating to safety practices, including training, 

are complied with by the non-Federal entity; 

and 

(III) the results of those actions. 

Subtitle C—Wyoming Range 

SEC. 3201. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of the Interior. 

(2) WYOMING RANGE WITHDRAWAL AREA.— 

The term ‘‘Wyoming Range Withdrawal 

Area’’ means all National Forest System 

land and federally owned minerals located 

within the boundaries of the Bridger-Teton 

National Forest identified on the map entitled ‘‘Wyoming Range Withdrawal Area’’ and 

dated October 17, 2007, on file with the Office 

of the Chief of the Forest Service and the Office of the Supervisor of the Bridger-Teton 

National Forest. 

SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN 

THE WYOMING RANGE. 

(a) WITHDRAWAL.—Except as provided in 

subsection (f), subject to valid existing 

rights as of the date of enactment of this Act 

and the provisions of this subtitle, land in 

the Wyoming Range Withdrawal Area is 

withdrawn from— 

(1) all forms of appropriation or disposal 

under the public land laws; 

(2) location, entry, and patent under the 

mining laws; and 

(3) disposition under laws relating to mineral and geothermal leasing. 

(b) EXISTING RIGHTS.—If any right referred 

to in subsection (a) is relinquished or otherwise acquired by the United States (including through donation under section 3203) 

after the date of enactment of this Act, the 

land subject to that right shall be withdrawn 

in accordance with this section. 

(c) BUFFERS.—Nothing in this section requires— 

(1) the creation of a protective perimeter 

or buffer area outside the boundaries of the 

Wyoming Range Withdrawal Area; or 

(2) any prohibition on activities outside of 

the boundaries of the Wyoming Range Withdrawal Area that can be seen or heard from 

within the boundaries of the Wyoming Range 

Withdrawal Area. 

(d) LAND AND RESOURCE MANAGEMENT

PLAN.— 

(1) IN GENERAL.—Subject to paragraph (2), 

the Bridger-Teton National Land and Resource Management Plan (including any revisions to the Plan) shall apply to any land 

within the Wyoming Range Withdrawal 

Area. 

(2) CONFLICTS.—If there is a conflict between this subtitle and the Bridger-Teton 

National Land and Resource Management 

Plan, this subtitle shall apply. 

(e) PRIOR LEASE SALES.—Nothing in this 

section prohibits the Secretary from taking 

any action necessary to issue, deny, remove 

the suspension of, or cancel a lease, or any 

sold lease parcel that has not been issued, 

pursuant to any lease sale conducted prior to 

the date of enactment of this Act, including 

the completion of any requirements under 

the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

(f) EXCEPTION.—Notwithstanding the withdrawal in subsection (a), the Secretary may 

lease oil and gas resources in the Wyoming 

Range Withdrawal Area that are within 1 

mile of the boundary of the Wyoming Range 

Withdrawal Area in accordance with the 

Mineral Leasing Act (30 U.S.C. 181 et seq.) 

and subject to the following conditions: 

(1) The lease may only be accessed by directional drilling from a lease held by production on the date of enactment of this Act 

on National Forest System land that is adjacent to, and outside of, the Wyoming Range 

Withdrawal Area. 

(2) The lease shall prohibit, without exception or waiver, surface occupancy and surface disturbance for any activities, including 

activities related to exploration, development, or production. 

(3) The directional drilling may extend no 

further than 1 mile inside the boundary of 

the Wyoming Range Withdrawal Area. 

SEC. 3203. ACCEPTANCE OF THE DONATION OF 

VALID EXISTING MINING OR LEASING RIGHTS IN THE WYOMING 

RANGE. 

(a) NOTIFICATION OF LEASEHOLDERS.—Not 

later than 120 days after the date of enactment of this Act, the Secretary shall provide 

notice to holders of valid existing mining or 

leasing rights within the Wyoming Range 

Withdrawal Area of the potential opportunity for repurchase of those rights and retirement under this section. 

(b) REQUEST FOR LEASE RETIREMENT.— 

(1) IN GENERAL.—A holder of a valid existing mining or leasing right within the Wyoming Range Withdrawal Area may submit a 

written notice to the Secretary of the interest of the holder in the retirement and repurchase of that right. 

(2) LIST OF INTERESTED HOLDERS.—The Secretary shall prepare a list of interested holders and make the list available to any nonFederal entity or person interested in acquiring that right for retirement by the Secretary. 

(c) PROHIBITION.—The Secretary may not 

use any Federal funds to purchase any right 

referred to in subsection (a). 

(d) DONATION AUTHORITY.—The Secretary 

shall— 

(1) accept the donation of any valid existing mining or leasing right in the Wyoming 

Range Withdrawal Area from the holder of 

that right or from any non-Federal entity or 

person that acquires that right; and 

(2) on acceptance, cancel that right. 

(e) RELATIONSHIP TO OTHER AUTHORITY.— 

Nothing in this subtitle affects any authority the Secretary may otherwise have to 

modify, suspend, or terminate a lease without compensation, or to recognize the transfer of a valid existing mining or leasing 

right, if otherwise authorized by law. 

Subtitle D—Land Conveyances and 

Exchanges 

SEC. 3301. LAND CONVEYANCE TO CITY OF 

COFFMAN COVE, ALASKA. 

(a) DEFINITIONS.—In this section: 

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

of Coffman Cove, Alaska. 

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

means the Secretary of Agriculture. 

(b) CONVEYANCE.— 

(1) IN GENERAL.—Subject to valid existing 

rights, the Secretary shall convey to the 

City, without consideration and by quitclaim 

deed all right, title, and interest of the 

United States, except as provided in paragraphs (3) and (4), in and to the parcel of National Forest System land described in paragraph (2). 

(2) DESCRIPTION OF LAND.— 

(A) IN GENERAL.—The parcel of National 

Forest System land referred to in paragraph 

(1) is the approximately 12 acres of land identified in U.S. Survey 10099, as depicted on the 

plat entitled ‘‘Subdivision of U.S. Survey No. 

10099’’ and recorded as Plat 2003–1 on January 

21, 2003, Petersburg Recording District, Alaska. 

(B) EXCLUDED LAND.—The parcel of National Forest System land conveyed under 

paragraph (1) does not include the portion of 

U.S. Survey 10099 that is north of the rightof-way for Forest Development Road 3030–295 

and southeast of Tract CC–8. 

(3) RIGHT-OF-WAY.—The United States may 

reserve a right-of-way to provide access to 

the National Forest System land excluded 

from the conveyance to the City under paragraph (2)(B). 

(4) REVERSION.—If any portion of the land 

conveyed under paragraph (1) (other than a 

portion of land sold under paragraph (5)) 

ceases to be used for public purposes, the 

land shall, at the option of the Secretary, revert to the United States. 

(5) CONDITIONS ON SUBSEQUENT CONVEYANCES.—If the City sells any portion of the 


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land conveyed to the City under paragraph 

(1)— 

(A) the amount of consideration for the 

sale shall reflect fair market value, as determined by an appraisal; and 

(B) the City shall pay to the Secretary an 

amount equal to the gross proceeds of the 

sale, which shall be available, without further appropriation, for the Tongass National 

Forest. 

SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL 

FOREST LAND CONVEYANCE, MONTANA. 

(a) DEFINITIONS.—In this section: 

(1) COUNTY.—The term ‘‘County’’ means 

Jefferson County, Montana. 

(2) MAP.—The term ‘‘map’’ means the map 

that is— 

(A) entitled ‘‘Elkhorn Cemetery’’; 

(B) dated May 9, 2005; and 

(C) on file in the office of the BeaverheadDeerlodge National Forest Supervisor. 

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

means the Secretary of Agriculture. 

(b) CONVEYANCE TO JEFFERSON COUNTY, 

MONTANA.— 

(1) CONVEYANCE.—Not later than 180 days 

after the date of enactment of this Act and 

subject to valid existing rights, the Secretary (acting through the Regional Forester, Northern Region, Missoula, Montana) 

shall convey by quitclaim deed to the County for no consideration, all right, title, and 

interest of the United States, except as provided in paragraph (5), in and to the parcel of 

land described in paragraph (2). 

(2) DESCRIPTION OF LAND.—The parcel of 

land referred to in paragraph (1) is the parcel 

of approximately 9.67 acres of National Forest System land (including any improvements to the land) in the County that is 

known as the ‘‘Elkhorn Cemetery’’, as generally depicted on the map. 

(3) USE OF LAND.—As a condition of the 

conveyance under paragraph (1), the County 

shall— 

(A) use the land described in paragraph (2) 

as a County cemetery; and 

(B) agree to manage the cemetery with due 

consideration and protection for the historic 

and cultural values of the cemetery, under 

such terms and conditions as are agreed to 

by the Secretary and the County. 

(4) EASEMENT.—In conveying the land to 

the County under paragraph (1), the Secretary, in accordance with applicable law, 

shall grant to the County an easement 

across certain National Forest System land, 

as generally depicted on the map, to provide 

access to the land conveyed under that paragraph. 

(5) REVERSION.—In the quitclaim deed to 

the County, the Secretary shall provide that 

the land conveyed to the County under paragraph (1) shall revert to the Secretary, at the 

election of the Secretary, if the land is— 

(A) used for a purpose other than the purposes described in paragraph (3)(A); or 

(B) managed by the County in a manner 

that is inconsistent with paragraph (3)(B). 

SEC. 3303. SANTA FE NATIONAL FOREST; PECOS 

NATIONAL HISTORICAL PARK LAND 

EXCHANGE. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the approximately 160 acres of 

Federal land within the Santa Fe National 

Forest in the State, as depicted on the map. 

(2) LANDOWNER.—The term ‘‘landowner’’ 

means the 1 or more owners of the non-Federal land. 

(3) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Proposed Land Exchange for Pecos 

National Historical Park’’, numbered 430/ 

80,054, dated November 19, 1999, and revised 

September 18, 2000. 

(4) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means the approximately 154 

acres of non-Federal land in the Park, as depicted on the map. 

(5) PARK.—The term ‘‘Park’’ means the 

Pecos National Historical Park in the State. 

(6) SECRETARIES.—The term ‘‘Secretaries’’ 

means the Secretary of the Interior and the 

Secretary of Agriculture, acting jointly. 

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

State of New Mexico. 

(b) LAND EXCHANGE.— 

(1) IN GENERAL.—If the Secretary of the Interior accepts the non-Federal land, title to 

which is acceptable to the Secretary of the 

Interior, the Secretary of Agriculture shall, 

subject to the conditions of this section and 

the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.), convey to the 

landowner the Federal land. 

(2) EASEMENT.— 

(A) IN GENERAL.—As a condition of the conveyance of the non-Federal land, the landowner may reserve an easement (including 

an easement for service access) for water 

pipelines to 2 well sites located in the Park, 

as generally depicted on the map. 

(B) ROUTE.—The Secretary of the Interior 

and the landowner shall determine the appropriate route of the easement through the 

non-Federal land. 

(C) TERMS AND CONDITIONS.—The easement 

shall include such terms and conditions relating to the use of, and access to, the well 

sites and pipeline, as the Secretary of the Interior and the landowner determine to be appropriate. 

(D) APPLICABLE LAW.—The easement shall 

be established, operated, and maintained in 

compliance with applicable Federal, State, 

and local laws. 

(3) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(A) IN GENERAL.—The value of the Federal 

land and non-Federal land— 

(i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or 

(ii) if the value is not equal, shall be equalized in accordance with subparagraph (C). 

(B) APPRAISALS.— 

(i) IN GENERAL.—The Federal land and nonFederal land shall be appraised by an independent appraiser selected by the Secretaries. 

(ii) REQUIREMENTS.—An appraisal conducted under clause (i) shall be conducted in 

accordance with— 

(I) the Uniform Appraisal Standards for 

Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(iii) APPROVAL.—The appraisals conducted 

under this subparagraph shall be submitted 

to the Secretaries for approval. 

(C) EQUALIZATION OF VALUES.— 

(i) IN GENERAL.—If the values of the nonFederal land and the Federal land are not 

equal, the values may be equalized in accordance with section 206 of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(ii) CASH EQUALIZATION PAYMENTS.—Any 

amounts received by the Secretary of Agriculture as a cash equalization payment 

under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1716(b)) shall— 

(I) be deposited in the fund established by 

Public Law 90–171 (commonly known as the 

‘‘Sisk Act’’) (16 U.S.C. 484a); and 

(II) be available for expenditure, without 

further appropriation, for the acquisition of 

land and interests in land in the State. 

(4) COSTS.—Before the completion of the 

exchange under this subsection, the Secretaries and the landowner shall enter into an 

agreement that allocates the costs of the exchange among the Secretaries and the landowner. 

(5) APPLICABLE LAW.—Except as otherwise 

provided in this section, the exchange of land 

and interests in land under this section shall 

be in accordance with— 

(A) section 206 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1716); 

and 

(B) other applicable Federal, State, and 

local laws. 

(6) ADDITIONAL TERMS AND CONDITIONS.— 

The Secretaries may require, in addition to 

any requirements under this section, such 

terms and conditions relating to the exchange of Federal land and non-Federal land 

and the granting of easements under this 

section as the Secretaries determine to be 

appropriate to protect the interests of the 

United States. 

(7) COMPLETION OF THE EXCHANGE.— 

(A) IN GENERAL.—The exchange of Federal 

land and non-Federal land shall be completed not later than 180 days after the later 

of— 

(i) the date on which the requirements of 

the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) have been met; 

(ii) the date on which the Secretary of the 

Interior approves the appraisals under paragraph (3)(B)(iii); or 

(iii) the date on which the Secretaries and 

the landowner agree on the costs of the exchange and any other terms and conditions 

of the exchange under this subsection. 

(B) NOTICE.—The Secretaries shall submit 

to the Committee on Energy and Natural Resources of the Senate and the Committee on 

Resources of the House of Representatives 

notice of the completion of the exchange of 

Federal land and non-Federal land under this 

subsection. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary of the Interior shall administer the non-Federal land 

acquired under this section in accordance 

with the laws generally applicable to units of 

the National Park System, including the Act 

of August 25, 1916 (commonly known as the 

‘‘National Park Service Organic Act’’) (16 

U.S.C. 1 et seq.). 

(2) MAPS.— 

(A) IN GENERAL.—The map shall be on file 

and available for public inspection in the appropriate offices of the Secretaries. 

(B) TRANSMITTAL OF REVISED MAP TO CONGRESS.—Not later than 180 days after completion of the exchange, the Secretaries shall 

transmit to the Committee on Energy and 

Natural Resources of the Senate and the 

Committee on Resources of the House of 

Representatives a revised map that depicts— 

(i) the Federal land and non-Federal land 

exchanged under this section; and 

(ii) the easement described in subsection 

(b)(2). 

SEC. 3304. SANTA FE NATIONAL FOREST LAND 

CONVEYANCE, NEW MEXICO. 

(a) DEFINITIONS.—In this section: 

(1) CLAIM.—The term ‘‘Claim’’ means a 

claim of the Claimants to any right, title, or 

interest in any land located in lot 10, sec. 22, 

T. 18 N., R. 12 E., New Mexico Principal Meridian, San Miguel County, New Mexico, except as provided in subsection (b)(1). 

(2) CLAIMANTS.—The term ‘‘Claimants’’ 

means Ramona Lawson and Boyd Lawson. 

(3) FEDERAL LAND.—The term ‘‘Federal 

land’’ means a parcel of National Forest System land in the Santa Fe National Forest, 

New Mexico, that is— 

(A) comprised of approximately 6.20 acres 

of land; and 

(B) described and delineated in the survey. 

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

means the Secretary of Agriculture, acting 

through the Forest Service Regional Forester, Southwestern Region. 

(5) SURVEY.—The term ‘‘survey’’ means the 

survey plat entitled ‘‘Boundary Survey and 


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Conservation Easement Plat’’, prepared by 

Chris A. Chavez, Land Surveyor, Forest 

Service, NMPLS#12793, and recorded on February 27, 2007, at book 55, page 93, of the land 

records of San Miguel County, New Mexico. 

(b) SANTA FE NATIONAL FOREST LAND CONVEYANCE.— 

(1) IN GENERAL.—The Secretary shall, except as provided in subparagraph (A) and 

subject to valid existing rights, convey and 

quitclaim to the Claimants all right, title, 

and interest of the United States in and to 

the Federal land in exchange for— 

(A) the grant by the Claimants to the 

United States of a scenic easement to the 

Federal land that— 

(i) protects the purposes for which the Federal land was designated under the Wild and 

Scenic Rivers Act (16 U.S.C. 1271 et seq.); and 

(ii) is determined to be acceptable by the 

Secretary; and 

(B) a release of the United States by the 

Claimants of— 

(i) the Claim; and 

(ii) any additional related claims of the 

Claimants against the United States. 

(2) SURVEY.—The Secretary, with the approval of the Claimants, may make minor 

corrections to the survey and legal description of the Federal land to correct clerical, 

typographical, and surveying errors. 

(3) SATISFACTION OF CLAIM.—The conveyance of Federal land under paragraph (1) 

shall constitute a full satisfaction of the 

Claim. 

SEC. 3305. KITTITAS COUNTY, WASHINGTON, 

LAND CONVEYANCE. 

(a) CONVEYANCE REQUIRED.—The Secretary 

of Agriculture shall convey, without consideration, to the King and Kittitas Counties 

Fire District #51 of King and Kittitas Counties, Washington (in this section referred to 

as the ‘‘District’’), all right, title, and interest of the United States in and to a parcel of 

National Forest System land in Kittitas 

County, Washington, consisting of approximately 1.5 acres within the SW1⁄4 of the SE1⁄4

of section 4, township 22 north, range 11 east, 

Willamette meridian, for the purpose of permitting the District to use the parcel as a 

site for a new Snoqualmie Pass fire and rescue station. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at any time that the real 

property conveyed under subsection (a) is 

not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and 

to the property shall revert, at the option of 

the Secretary, to the United States, and the 

United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an 

opportunity for a hearing. 

(c) SURVEY.—If necessary, the exact acreage and legal description of the lands to be 

conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of a survey shall be borne by 

the District. 

(d) ADDITIONAL TERMS AND CONDITIONS.— 

The Secretary may require such additional 

terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the 

interests of the United States. 

SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS. 

Notwithstanding Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 

484a), the approximately 36.25 acres patented 

to the Mammoth County Water District (now 

known as the ‘‘Mammoth Community Water 

District’’) by Patent No. 04–87–0038, on June 

26, 1987, and recorded in volume 482, at page 

516, of the official records of the Recorder’s 

Office, Mono County, California, may be used 

for any public purpose. 

SEC. 3307. LAND EXCHANGE, WASATCH-CACHE 

NATIONAL FOREST, UTAH. 

(a) DEFINITIONS.—In this section: 

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

of Bountiful, Utah. 

(2) FEDERAL LAND.—The term ‘‘Federal 

land’’ means the land under the jurisdiction 

of the Secretary identified on the map as 

‘‘Shooting Range Special Use Permit Area’’. 

(3) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Bountiful City Land Consolidation 

Act’’ and dated October 15, 2007. 

(4) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means the 3 parcels of City 

land comprising a total of approximately 

1,680 acres, as generally depicted on the map. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of Agriculture. 

(b) EXCHANGE.—Subject to subsections (d) 

through (h), if the City conveys to the Secretary all right, title, and interest of the 

City in and to the non-Federal land, the Secretary shall convey to the City all right, 

title, and interest of the United States in 

and to the Federal land. 

(c) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the Forest Service. 

(d) VALUATION AND EQUALIZATION.— 

(1) VALUATION.—The value of the Federal 

land and the non-Federal land to be conveyed under subsection (b)— 

(A) shall be equal, as determined by appraisals carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); or 

(B) if not equal, shall be equalized in accordance with paragraph (2). 

(2) EQUALIZATION.—If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section 

is not equal, the value may be equalized by— 

(A) making a cash equalization payment to 

the Secretary or to the City, as appropriate; 

or 

(B) reducing the acreage of the Federal 

land or the non-Federal land to be exchanged, as appropriate. 

(e) APPLICABLE LAW.—Section 206 of the 

Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1716) shall apply to the land 

exchange authorized under subsection (b), 

except that the Secretary may accept a cash 

equalization payment in excess of 25 percent 

of the value of the Federal land. 

(f) CONDITIONS.— 

(1) LIABILITY.— 

(A) IN GENERAL.—As a condition of the exchange under subsection (b), the Secretary 

shall— 

(i) require that the City— 

(I) assume all liability for the shooting 

range located on the Federal land, including 

the past, present, and future condition of the 

Federal land; and 

(II) hold the United States harmless for 

any liability for the condition of the Federal 

land; and 

(ii) comply with the hazardous substances 

disclosure requirements of section 120(h) of 

the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 

U.S.C. 9620(h)). 

(B) LIMITATION.—Clauses (ii) and (iii) of 

section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and 

Liability Act (42 U.S.C. 9620(h)(3)(A)) shall 

not apply to the conveyance of Federal land 

under subsection (b). 

(2) ADDITIONAL TERMS AND CONDITIONS.— 

The land exchange under subsection (b) shall 

be subject to— 

(A) valid existing rights; and 

(B) such additional terms and conditions as 

the Secretary may require. 

(g) MANAGEMENT OF ACQUIRED LAND.—The 

non-Federal land acquired by the Secretary 

under subsection (b) shall be— 

(1) added to, and administered as part of, 

the Wasatch-Cache National Forest; and 

(2) managed by the Secretary in accordance with— 

(A) the Act of March 1, 1911 (commonly 

known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

seq.); and 

(B) any laws (including regulations) applicable to the National Forest System. 

(h) EASEMENTS; RIGHTS-OF-WAY.— 

(1) BONNEVILLE SHORELINE TRAIL EASEMENT.—In carrying out the land exchange 

under subsection (b), the Secretary shall ensure that an easement not less than 60 feet in 

width is reserved for the Bonneville Shoreline Trail. 

(2) OTHER RIGHTS-OF-WAY.—The Secretary 

and the City may reserve any other rightsof-way for utilities, roads, and trails that— 

(A) are mutually agreed to by the Secretary and the City; and 

(B) the Secretary and the City consider to 

be in the public interest. 

(i) DISPOSAL OF REMAINING FEDERAL

LAND.— 

(1) IN GENERAL.—The Secretary may, by 

sale or exchange, dispose of all, or a portion 

of, the parcel of National Forest System land 

comprising approximately 220 acres, as generally depicted on the map that remains 

after the conveyance of the Federal land authorized under subsection (b), if the Secretary determines, in accordance with paragraph (2), that the land or portion of the land 

is in excess of the needs of the National Forest System. 

(2) REQUIREMENTS.—A determination under 

paragraph (1) shall be made— 

(A) pursuant to an amendment of the land 

and resource management plan for the 

Wasatch-Cache National Forest; and 

(B) after carrying out a public process consistent with the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(3) CONSIDERATION.—As consideration for 

any conveyance of Federal land under paragraph (1), the Secretary shall require payment of an amount equal to not less than the 

fair market value of the conveyed National 

Forest System land. 

(4) RELATION TO OTHER LAWS.—Any conveyance of Federal land under paragraph (1) by 

exchange shall be subject to section 206 of 

the Federal Land Policy and Management 

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

(5) DISPOSITION OF PROCEEDS.—Any 

amounts received by the Secretary as consideration under subsection (d) or paragraph (3) 

shall be— 

(A) deposited in the fund established under 

Public Law 90–171 (commonly known as the 

‘‘Sisk Act’’) (16 U.S.C. 484a); and 

(B) available to the Secretary, without further appropriation and until expended, for 

the acquisition of land or interests in land to 

be included in the Wasatch-Cache National 

Forest. 

(6) ADDITIONAL TERMS AND CONDITIONS.— 

Any conveyance of Federal land under paragraph (1) shall be subject to— 

(A) valid existing rights; and 

(B) such additional terms and conditions as 

the Secretary may require. 

SEC. 3308. BOUNDARY ADJUSTMENT, FRANK 

CHURCH RIVER OF NO RETURN WILDERNESS. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to adjust the boundaries of the wilderness area; and 

(2) to authorize the Secretary to sell the 

land designated for removal from the wilderness area due to encroachment. 

(b) DEFINITIONS.—In this section: 


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(1) LAND DESIGNATED FOR EXCLUSION.—The 

term ‘‘land designated for exclusion’’ means 

the parcel of land that is— 

(A) comprised of approximately 10.2 acres 

of land; 

(B) generally depicted on the survey plat 

entitled ‘‘Proposed Boundary Change 

FCRONRW Sections 15 (unsurveyed) Township 14 North, Range 13 East, B.M., Custer 

County, Idaho’’ and dated November 14, 2001; 

and 

(C) more particularly described in the survey plat and legal description on file in— 

(i) the office of the Chief of the Forest 

Service, Washington, DC; and 

(ii) the office of the Intermountain Regional Forester, Ogden, Utah. 

(2) LAND DESIGNATED FOR INCLUSION.—The 

term ‘‘land designated for inclusion’’ means 

the parcel of National Forest System land 

that is— 

(A) comprised of approximately 10.2 acres 

of land; 

(B) located in unsurveyed section 22, T. 14 

N., R. 13 E., Boise Meridian, Custer County, 

Idaho; 

(C) generally depicted on the map entitled 

‘‘Challis National Forest, T.14 N., R. 13 E., 

B.M., Custer County, Idaho, Proposed Boundary Change FCRONRW’’ and dated September 19, 2007; and 

(D) more particularly described on the map 

and legal description on file in— 

(i) the office of the Chief of the Forest 

Service, Washington, DC; and 

(ii) the Intermountain Regional Forester, 

Ogden, Utah. 

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

means the Secretary of Agriculture. 

(4) WILDERNESS AREA.—The term ‘‘wilderness area’’ means the Frank Church River of 

No Return Wilderness designated by section 

3 of the Central Idaho Wilderness Act of 1980 

(16 U.S.C. 1132 note; 94 Stat. 948). 

(c) BOUNDARY ADJUSTMENT.— 

(1) ADJUSTMENT TO WILDERNESS AREA.— 

(A) INCLUSION.—The wilderness area shall 

include the land designated for inclusion. 

(B) EXCLUSION.—The wilderness area shall 

not include the land designated for exclusion. 

(2) CORRECTIONS TO LEGAL DESCRIPTIONS.— 

The Secretary may make corrections to the 

legal descriptions. 

(d) CONVEYANCE OF LAND DESIGNATED FOR

EXCLUSION.— 

(1) IN GENERAL.—Subject to paragraph (2), 

to resolve the encroachment on the land designated for exclusion, the Secretary may sell 

for consideration in an amount equal to fair 

market value— 

(A) the land designated for exclusion; and 

(B) as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion. 

(2) CONDITIONS.—The sale of land under 

paragraph (1) shall be subject to the conditions that— 

(A) the land to be conveyed be appraised in 

accordance with the Uniform Appraisal 

Standards for Federal Land Acquisitions; 

(B) the person buying the land shall pay— 

(i) the costs associated with appraising 

and, if the land needs to be resurveyed, resurveying the land; and 

(ii) any analyses and closing costs associated with the conveyance; 

(C) for management purposes, the Secretary may reconfigure the description of 

the land for sale; and 

(D) the owner of the adjacent private land 

shall have the first opportunity to buy the 

land. 

(3) DISPOSITION OF PROCEEDS.— 

(A) IN GENERAL.—The Secretary shall deposit the cash proceeds from a sale of land 

under paragraph (1) in the fund established 

under Public Law 90–171 (commonly known 

as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(B) AVAILABILITY AND USE.—Amounts deposited under subparagraph (A)— 

(i) shall remain available until expended 

for the acquisition of land for National Forest purposes in the State of Idaho; and 

(ii) shall not be subject to transfer or reprogramming for— 

(I) wildland fire management; or 

(II) any other emergency purposes. 

SEC. 3309. SANDIA PUEBLO LAND EXCHANGE 

TECHNICAL AMENDMENT. 

Section 413(b) of the T’uf Shur Bien Preservation Trust Area Act (16 U.S.C. 539m–11) is 

amended— 

(1) in paragraph (1), by inserting ‘‘3,’’ after 

‘‘sections’’; and 

(2) in the first sentence of paragraph (4), by 

inserting ‘‘, as a condition of the conveyance,’’ before ‘‘remain’’. 

Subtitle E—Colorado Northern Front Range 

Study 

SEC. 3401. PURPOSE. 

The purpose of this subtitle is to identify 

options that may be available to assist in 

maintaining the open space characteristics 

of land that is part of the mountain backdrop of communities in the northern section 

of the Front Range area of Colorado. 

SEC. 3402. DEFINITIONS. 

In this subtitle: 

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

means the Secretary of Agriculture, acting 

through the Chief of the Forest Service. 

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

State of Colorado. 

(3) STUDY AREA.— 

(A) IN GENERAL.—The term ‘‘study area’’ 

means the land in southern Boulder, northern Jefferson, and northern Gilpin Counties, 

Colorado, that is located west of Colorado 

State Highway 93, south and east of Colorado 

State Highway 119, and north of Colorado 

State Highway 46, as generally depicted on 

the map entitled ‘‘Colorado Northern Front 

Range Mountain Backdrop Protection Study 

Act: Study Area’’ and dated August 27, 2008. 

(B) EXCLUSIONS.—The term ‘‘study area’’ 

does not include land within the city limits 

of the cities of Arvada, Boulder, or Golden, 

Colorado. 

(4) UNDEVELOPED LAND.—The term ‘‘undeveloped land’’ means land— 

(A) that is located within the study area; 

(B) that is free or primarily free of structures; and 

(C) the development of which is likely to 

affect adversely the scenic, wildlife, or recreational value of the study area. 

SEC. 3403. COLORADO NORTHERN FRONT RANGE 

MOUNTAIN BACKDROP STUDY. 

(a) STUDY; REPORT.—Not later than 1 year 

after the date of enactment of this Act and 

except as provided in subsection (c), the Secretary shall— 

(1) conduct a study of the land within the 

study area; and 

(2) complete a report that— 

(A) identifies the present ownership of the 

land within the study area; 

(B) identifies any undeveloped land that 

may be at risk of development; and 

(C) describes any actions that could be 

taken by the United States, the State, a political subdivision of the State, or any other 

parties to preserve the open and undeveloped 

character of the land within the study area. 

(b) REQUIREMENTS.—The Secretary shall 

conduct the study and develop the report 

under subsection (a) with the support and 

participation of 1 or more of the following 

State and local entities: 

(1) The Colorado Department of Natural 

Resources. 

(2) Colorado State Forest Service. 

(3) Colorado State Conservation Board. 

(4) Great Outdoors Colorado. 

(5) Boulder, Jefferson, and Gilpin Counties, 

Colorado. 

(c) LIMITATION.—If the State and local entities specified in subsection (b) do not support and participate in the conduct of the 

study and the development of the report 

under this section, the Secretary may— 

(1) decrease the area covered by the study 

area, as appropriate; or 

(2)(A) opt not to conduct the study or develop the report; and 

(B) submit to the Committee on Energy 

and Natural Resources of the Senate and the 

Committee on Natural Resources of the 

House of Representatives notice of the decision not to conduct the study or develop the 

report. 

(d) EFFECT.—Nothing in this subtitle authorizes the Secretary to take any action 

that would affect the use of any land not 

owned by the United States. 

TITLE IV—FOREST LANDSCAPE 

RESTORATION 

SEC. 4001. PURPOSE. 

The purpose of this title is to encourage 

the collaborative, science-based ecosystem 

restoration of priority forest landscapes 

through a process that— 

(1) encourages ecological, economic, and 

social sustainability; 

(2) leverages local resources with national 

and private resources; 

(3) facilitates the reduction of wildfire 

management costs, including through reestablishing natural fire regimes and reducing 

the risk of uncharacteristic wildfire; and 

(4) demonstrates the degree to which— 

(A) various ecological restoration techniques— 

(i) achieve ecological and watershed health 

objectives; and 

(ii) affect wildfire activity and management costs; and 

(B) the use of forest restoration byproducts 

can offset treatment costs while benefitting 

local rural economies and improving forest 

health. 

SEC. 4002. DEFINITIONS. 

In this title: 

(1) FUND.—The term ‘‘Fund’’ means the 

Collaborative Forest Landscape Restoration 

Fund established by section 4003(f). 

(2) PROGRAM.—The term ‘‘program’’ means 

the Collaborative Forest Landscape Restoration Program established under section 

4003(a). 

(3) PROPOSAL.—The term ‘‘proposal’’ means 

a collaborative forest landscape restoration 

proposal described in section 4003(b). 

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

means the Secretary of Agriculture, acting 

through the Chief of the Forest Service. 

(5) STRATEGY.—The term ‘‘strategy’’ means 

a landscape restoration strategy described in 

section 4003(b)(1). 

SEC. 4003. COLLABORATIVE FOREST LANDSCAPE 

RESTORATION PROGRAM. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior, 

shall establish a Collaborative Forest Landscape Restoration Program to select and 

fund ecological restoration treatments for 

priority forest landscapes in accordance 

with— 

(1) the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.); 

(2) the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.); and 

(3) any other applicable law. 

(b) ELIGIBILITY CRITERIA.—To be eligible 

for nomination under subsection (c), a collaborative forest landscape restoration proposal shall— 

(1) be based on a landscape restoration 

strategy that— 

(A) is complete or substantially complete; 


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(B) identifies and prioritizes ecological restoration treatments for a 10-year period 

within a landscape that is— 

(i) at least 50,000 acres; 

(ii) comprised primarily of forested National Forest System land, but may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or 

other Federal, State, tribal, or private land; 

(iii) in need of active ecosystem restoration; and 

(iv) accessible by existing or proposed 

wood-processing infrastructure at an appropriate scale to use woody biomass and smalldiameter wood removed in ecological restoration treatments; 

(C) incorporates the best available science 

and scientific application tools in ecological 

restoration strategies; 

(D) fully maintains, or contributes toward 

the restoration of, the structure and composition of old growth stands according to 

the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the 

stand to landscape fire adaptation and watershed health and retaining the large trees 

contributing to old growth structure; 

(E) would carry out any forest restoration 

treatments that reduce hazardous fuels by— 

(i) focusing on small diameter trees, 

thinning, strategic fuel breaks, and fire use 

to modify fire behavior, as measured by the 

projected reduction of uncharacteristically 

severe wildfire effects for the forest type 

(such as adverse soil impacts, tree mortality 

or other impacts); and 

(ii) maximizing the retention of large 

trees, as appropriate for the forest type, to 

the extent that the trees promote fire-resilient stands; and 

(F)(i) does not include the establishment of 

permanent roads; and 

(ii) would commit funding to decommission all temporary roads constructed to 

carry out the strategy; 

(2) be developed and implemented through 

a collaborative process that— 

(A) includes multiple interested persons 

representing diverse interests; and 

(B)(i) is transparent and nonexclusive; or 

(ii) meets the requirements for a resource 

advisory committee under subsections (c) 

through (f) of section 205 of Public Law 106– 

393 (16 U.S.C. 500 note); 

(3) describe plans to— 

(A) reduce the risk of uncharacteristic 

wildfire, including through the use of fire for 

ecological restoration and maintenance and 

reestablishing natural fire regimes, where 

appropriate; 

(B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species; 

(C) maintain or improve water quality and 

watershed function; 

(D) prevent, remediate, or control invasions of exotic species; 

(E) maintain, decommission, and rehabilitate roads and trails; 

(F) use woody biomass and small-diameter 

trees produced from projects implementing 

the strategy; 

(G) report annually on performance, including through performance measures from 

the plan entitled the ‘‘10 Year Comprehensive Strategy Implementation Plan’’ and 

dated December 2006; and 

(H) take into account any applicable community wildfire protection plan; 

(4) analyze any anticipated cost savings, 

including those resulting from— 

(A) reduced wildfire management costs; 

and 

(B) a decrease in the unit costs of implementing ecological restoration treatments 

over time; 

(5) estimate— 

(A) the annual Federal funding necessary 

to implement the proposal; and 

(B) the amount of new non-Federal investment for carrying out the proposal that 

would be leveraged; 

(6) describe the collaborative process 

through which the proposal was developed, 

including a description of— 

(A) participation by or consultation with 

State, local, and Tribal governments; and 

(B) any established record of successful 

collaborative planning and implementation 

of ecological restoration projects on National Forest System land and other land included in the proposal by the collaborators; 

and 

(7) benefit local economies by providing 

local employment or training opportunities 

through contracts, grants, or agreements for 

restoration planning, design, implementation, or monitoring with— 

(A) local private, nonprofit, or cooperative 

entities; 

(B) Youth Conservation Corps crews or related partnerships, with State, local, and 

non-profit youth groups; 

(C) existing or proposed small or microbusinesses, clusters, or incubators; or 

(D) other entities that will hire or train 

local people to complete such contracts, 

grants, or agreements; and 

(8) be subject to any other requirements 

that the Secretary, in consultation with the 

Secretary of the Interior, determines to be 

necessary for the efficient and effective administration of the program. 

(c) NOMINATION PROCESS.— 

(1) SUBMISSION.—A proposal shall be submitted to— 

(A) the appropriate Regional Forester; and 

(B) if actions under the jurisdiction of the 

Secretary of the Interior are proposed, the 

appropriate— 

(i) State Director of the Bureau of Land 

Management; 

(ii) Regional Director of the Bureau of Indian Affairs; or 

(iii) other official of the Department of the 

Interior. 

(2) NOMINATION.— 

(A) IN GENERAL.—A Regional Forester may 

nominate for selection by the Secretary any 

proposals that meet the eligibility criteria 

established by subsection (b). 

(B) CONCURRENCE.—Any proposal nominated by the Regional Forester that proposes 

actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate— 

(i) State Director of the Bureau of Land 

Management; 

(ii) Regional Director of the Bureau of Indian Affairs; or 

(iii) other official of the Department of the 

Interior. 

(3) DOCUMENTATION.—With respect to each 

proposal that is nominated under paragraph 

(2)— 

(A) the appropriate Regional Forester 

shall— 

(i) include a plan to use Federal funds allocated to the region to fund those costs of 

planning and carrying out ecological restoration treatments on National Forest System 

land, consistent with the strategy, that 

would not be covered by amounts transferred 

to the Secretary from the Fund; and 

(ii) provide evidence that amounts proposed to be transferred to the Secretary from 

the Fund during the first 2 fiscal years following selection would be used to carry out 

ecological restoration treatments consistent 

with the strategy during the same fiscal year 

in which the funds are transferred to the 

Secretary; 

(B) if actions under the jurisdiction of the 

Secretary of the Interior are proposed, the 

nomination shall include a plan to fund such 

actions, consistent with the strategy, by the 

appropriate— 

(i) State Director of the Bureau of Land 

Management; 

(ii) Regional Director of the Bureau of Indian Affairs; or 

(iii) other official of the Department of the 

Interior; and 

(C) if actions on land not under the jurisdiction of the Secretary or the Secretary of 

the Interior are proposed, the appropriate 

Regional Forester shall provide evidence 

that the landowner intends to participate in, 

and provide appropriate funding to carry 

out, the actions. 

(d) SELECTION PROCESS.— 

(1) IN GENERAL.—After consulting with the 

advisory panel established under subsection 

(e), the Secretary, in consultation with the 

Secretary of the Interior, shall, subject to 

paragraph (2), select the best proposals 

that— 

(A) have been nominated under subsection 

(c)(2); and 

(B) meet the eligibility criteria established 

by subsection (b). 

(2) CRITERIA.—In selecting proposals under 

paragraph (1), the Secretary shall give special consideration to— 

(A) the strength of the proposal and strategy; 

(B) the strength of the ecological case of 

the proposal and the proposed ecological restoration strategies; 

(C) the strength of the collaborative process and the likelihood of successful collaboration throughout implementation; 

(D) whether the proposal is likely to 

achieve reductions in long-term wildfire 

management costs; 

(E) whether the proposal would reduce the 

relative costs of carrying out ecological restoration treatments as a result of the use of 

woody biomass and small-diameter trees; 

and 

(F) whether an appropriate level of nonFederal investment would be leveraged in 

carrying out the proposal. 

(3) LIMITATION.—The Secretary may select 

not more than— 

(A) 10 proposals to be funded during any 

fiscal year; 

(B) 2 proposals in any 1 region of the National Forest System to be funded during 

any fiscal year; and 

(C) the number of proposals that the Secretary determines are likely to receive adequate funding. 

(e) ADVISORY PANEL.— 

(1) IN GENERAL.—The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members to evaluate, and provide recommendations on, each 

proposal that has been nominated under subsection (c)(2). 

(2) REPRESENTATION.—The Secretary shall 

ensure that the membership of the advisory 

panel is fairly balanced in terms of the 

points of view represented and the functions 

to be performed by the advisory panel. 

(3) INCLUSION.—The advisory panel shall include experts in ecological restoration, fire 

ecology, fire management, rural economic 

development, strategies for ecological adaptation to climate change, fish and wildlife 

ecology, and woody biomass and small-diameter tree utilization. 

(f) COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND.— 

(1) ESTABLISHMENT.—There is established 

in the Treasury of the United States a fund, 

to be known as the ‘‘Collaborative Forest 

Landscape Restoration Fund’’, to be used to 

pay up to 50 percent of the cost of carrying 

out and monitoring ecological restoration 

treatments on National Forest System land 


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for each proposal selected to be carried out 

under subsection (d). 

(2) INCLUSION.—The cost of carrying out ecological restoration treatments as provided 

in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation 

and termination costs required to be obligated for contracts to carry out ecological 

restoration treatments on National Forest 

System land for each proposal selected to be 

carried out under subsection (d). 

(3) CONTENTS.—The Fund shall consist of 

such amounts as are appropriated to the 

Fund under paragraph (6). 

(4) EXPENDITURES FROM FUND.— 

(A) IN GENERAL.—On request by the Secretary, the Secretary of the Treasury shall 

transfer from the Fund to the Secretary such 

amounts as the Secretary determines are appropriate, in accordance with paragraph (1). 

(B) LIMITATION.—The Secretary shall not 

expend money from the Fund on any 1 proposal— 

(i) during a period of more than 10 fiscal 

years; or 

(ii) in excess of $4,000,000 in any 1 fiscal 

year. 

(5) ACCOUNTING AND REPORTING SYSTEM.— 

The Secretary shall establish an accounting 

and reporting system for the Fund. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Fund $40,000,000 for each of fiscal years 2009 

through 2019, to remain available until expended. 

(g) PROGRAM IMPLEMENTATION AND MONITORING.— 

(1) WORK PLAN.—Not later than 180 days 

after the date on which a proposal is selected 

to be carried out, the Secretary shall create, 

in collaboration with the interested persons, 

an implementation work plan and budget to 

implement the proposal that includes— 

(A) a description of the manner in which 

the proposal would be implemented to 

achieve ecological and community economic 

benefit, including capacity building to accomplish restoration; 

(B) a business plan that addresses— 

(i) the anticipated unit treatment cost reductions over 10 years; 

(ii) the anticipated costs for infrastructure 

needed for the proposal; 

(iii) the projected sustainability of the supply of woody biomass and small-diameter 

trees removed in ecological restoration 

treatments; and 

(iv) the projected local economic benefits 

of the proposal; 

(C) documentation of the non-Federal investment in the priority landscape, including 

the sources and uses of the investments; and 

(D) a plan to decommission any temporary 

roads established to carry out the proposal. 

(2) PROJECT IMPLEMENTATION.—Amounts 

transferred to the Secretary from the Fund 

shall be used to carry out ecological restoration treatments that are— 

(A) consistent with the proposal and strategy; and 

(B) identified through the collaborative 

process described in subsection (b)(2). 

(3) ANNUAL REPORT.—The Secretary, in collaboration with the Secretary of the Interior 

and interested persons, shall prepare an annual report on the accomplishments of each 

selected proposal that includes— 

(A) a description of all acres (or other appropriate unit) treated and restored through 

projects implementing the strategy; 

(B) an evaluation of progress, including 

performance measures and how prior year 

evaluations have contributed to improved 

project performance; 

(C) a description of community benefits 

achieved, including any local economic benefits; 

(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and 

(E) a summary of the costs of— 

(i) treatments; and 

(ii) relevant fire management activities. 

(4) MULTIPARTY MONITORING.—The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, 

use a multiparty monitoring, evaluation, 

and accountability process to assess the 

positive or negative ecological, social, and 

economic effects of projects implementing a 

selected proposal for not less than 15 years 

after project implementation commences. 

(h) REPORT.—Not later than 5 years after 

the first fiscal year in which funding is made 

available to carry out ecological restoration 

projects under the program, and every 5 

years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall 

submit a report on the program, including an 

assessment of whether, and to what extent, 

the program is fulfilling the purposes of this 

title, to— 

(1) the Committee on Energy and Natural 

Resources of the Senate; 

(2) the Committee on Appropriations of the 

Senate; 

(3) the Committee on Natural Resources of 

the House of Representatives; and 

(4) the Committee on Appropriations of the 

House of Representatives. 

SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to 

the Secretary and the Secretary of the Interior such sums as are necessary to carry out 

this title. 

TITLE V—RIVERS AND TRAILS 

Subtitle A—Additions to the National Wild 

and Scenic Rivers System 

SEC. 5001. FOSSIL CREEK, ARIZONA. 

Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 

1852) is amended by adding at the end the following: 

‘‘(205) FOSSIL CREEK, ARIZONA.—Approximately 16.8 miles of Fossil Creek from the 

confluence of Sand Rock and Calf Pen Canyons to the confluence with the Verde River, 

to be administered by the Secretary of Agriculture in the following classes: 

‘‘(A) The approximately 2.7-mile segment 

from the confluence of Sand Rock and Calf 

Pen Canyons to the point where the segment 

exits the Fossil Spring Wilderness, as a wild 

river. 

‘‘(B) The approximately 7.5-mile segment 

from where the segment exits the Fossil 

Creek Wilderness to the boundary of the 

Mazatzal Wilderness, as a recreational river. 

‘‘(C) The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream 

to the confluence with the Verde River, as a 

wild river.’’. 

SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 

(a) SHORT TITLE.—This section may be 

cited as the ‘‘Craig Thomas Snake Headwaters Legacy Act of 2008’’. 

(b) FINDINGS; PURPOSES.— 

(1) FINDINGS.—Congress finds that— 

(A) the headwaters of the Snake River System in northwest Wyoming feature some of 

the cleanest sources of freshwater, healthiest 

native trout fisheries, and most intact rivers 

and streams in the lower 48 States; 

(B) the rivers and streams of the headwaters of the Snake River System— 

(i) provide unparalleled fishing, hunting, 

boating, and other recreational activities 

for— 

(I) local residents; and 

(II) millions of visitors from around the 

world; and 

(ii) are national treasures; 

(C) each year, recreational activities on 

the rivers and streams of the headwaters of 

the Snake River System generate millions of 

dollars for the economies of— 

(i) Teton County, Wyoming; and 

(ii) Lincoln County, Wyoming; 

(D) to ensure that future generations of 

citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress 

should apply the protections provided by the 

Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

seq.) to those rivers and streams; and 

(E) the designation of the rivers and 

streams of the headwaters of the Snake 

River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to 

the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while— 

(i) preserving public access to those rivers 

and streams; 

(ii) respecting private property rights (including existing water rights); and 

(iii) continuing to allow historic uses of 

the rivers and streams. 

(2) PURPOSES.—The purposes of this section 

are— 

(A) to protect for current and future generations of citizens of the United States the 

outstandingly remarkable scenic, natural, 

wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and 

streams of the headwaters of the Snake 

River System, while continuing to deliver 

water and operate and maintain valuable irrigation water infrastructure; and 

(B) to designate approximately 387.7 miles 

of the rivers and streams of the headwaters 

of the Snake River System as additions to 

the National Wild and Scenic Rivers System. 

(c) DEFINITIONS.—In this section: 

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

(A) the Secretary of Agriculture (acting 

through the Chief of the Forest Service), 

with respect to each river segment described 

in paragraph (205) of section 3(a) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

added by subsection (d)) that is not located 

in— 

(i) Grand Teton National Park; 

(ii) Yellowstone National Park; 

(iii) the John D. Rockefeller, Jr. Memorial 

Parkway; or 

(iv) the National Elk Refuge; and 

(B) the Secretary of the Interior, with respect to each river segment described in 

paragraph (205) of section 3(a) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

added by subsection (d)) that is located in— 

(i) Grand Teton National Park; 

(ii) Yellowstone National Park; 

(iii) the John D. Rockefeller, Jr. Memorial 

Parkway; or 

(iv) the National Elk Refuge. 

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

State of Wyoming. 

(d) WILD AND SCENIC RIVER DESIGNATIONS, 

SNAKE RIVER HEADWATERS, WYOMING.—Section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)) (as amended by section 

5001) is amended by adding at the end the following: 

‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.—The following segments of the Snake 

River System, in the State of Wyoming: 

‘‘(A) BAILEY CREEK.—The 7-mile segment of 

Bailey Creek, from the divide with the Little 

Greys River north to its confluence with the 

Snake River, as a wild river. 

‘‘(B) BLACKROCK CREEK.—The 22-mile segment from its source to the Bridger-Teton 

National Forest boundary, as a scenic river. 

‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.— 

The portions of the Buffalo Fork of the 

Snake River, consisting of— 


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‘‘(i) the 55-mile segment consisting of the 

North Fork, the Soda Fork, and the South 

Fork, upstream from Turpin Meadows, as a 

wild river; 

‘‘(ii) the 14-mile segment from Turpin 

Meadows to the upstream boundary of Grand 

Teton National Park, as a scenic river; and 

‘‘(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National 

Park to its confluence with the Snake River, 

as a scenic river. 

‘‘(D) CRYSTAL CREEK.—The portions of 

Crystal Creek, consisting of— 

‘‘(i) the 14-mile segment from its source to 

the Gros Ventre Wilderness boundary, as a 

wild river; and 

‘‘(ii) the 5-mile segment from the Gros 

Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river. 

‘‘(E) GRANITE CREEK.—The portions of 

Granite Creek, consisting of— 

‘‘(i) the 12-mile segment from its source to 

the end of Granite Creek Road, as a wild 

river; and 

‘‘(ii) the 9.5-mile segment from Granite Hot 

Springs to the point 1 mile upstream from 

its confluence with the Hoback River, as a 

scenic river. 

‘‘(F) GROS VENTRE RIVER.—The portions of 

the Gros Ventre River, consisting of— 

‘‘(i) the 16.5-mile segment from its source 

to Darwin Ranch, as a wild river; 

‘‘(ii) the 39-mile segment from Darwin 

Ranch to the upstream boundary of Grand 

Teton National Park, excluding the section 

along Lower Slide Lake, as a scenic river; 

and 

‘‘(iii) the 3.3-mile segment flowing across 

the southern boundary of Grand Teton National Park to the Highlands Drive Loop 

Bridge, as a scenic river. 

‘‘(G) HOBACK RIVER.—The 10-mile segment 

from the point 10 miles upstream from its 

confluence with the Snake River to its confluence with the Snake River, as a recreational river. 

‘‘(H) LEWIS RIVER.—The portions of the 

Lewis River, consisting of— 

‘‘(i) the 5-mile segment from Shoshone 

Lake to Lewis Lake, as a wild river; and 

‘‘(ii) the 12-mile segment from the outlet of 

Lewis Lake to its confluence with the Snake 

River, as a scenic river. 

‘‘(I) PACIFIC CREEK.—The portions of Pacific Creek, consisting of— 

‘‘(i) the 22.5-mile segment from its source 

to the Teton Wilderness boundary, as a wild 

river; and 

‘‘(ii) the 11-mile segment from the Wilderness boundary to its confluence with the 

Snake River, as a scenic river. 

‘‘(J) SHOAL CREEK.—The 8-mile segment 

from its source to the point 8 miles downstream from its source, as a wild river. 

‘‘(K) SNAKE RIVER.—The portions of the 

Snake River, consisting of— 

‘‘(i) the 47-mile segment from its source to 

Jackson Lake, as a wild river; 

‘‘(ii) the 24.8-mile segment from 1 mile 

downstream of Jackson Lake Dam to 1 mile 

downstream of the Teton Park Road bridge 

at Moose, Wyoming, as a scenic river; and 

‘‘(iii) the 19-mile segment from the mouth 

of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at Alpine 

Junction, as a recreational river, the boundary of the western edge of the corridor for 

the portion of the segment extending from 

the point 3.3 miles downstream of the mouth 

of the Hoback River to the point 4 miles 

downstream of the mouth of the Hoback 

River being the ordinary high water mark. 

‘‘(L) WILLOW CREEK.—The 16.2-mile segment from the point 16.2 miles upstream 

from its confluence with the Hoback River to 

its confluence with the Hoback River, as a 

wild river. 

‘‘(M) WOLF CREEK.—The 7-mile segment 

from its source to its confluence with the 

Snake River, as a wild river.’’. 

(e) MANAGEMENT.— 

(1) IN GENERAL.—Each river segment described in paragraph (205) of section 3(a) of 

the Wild and Scenic Rivers Act (16 U.S.C. 

1274(a)) (as added by subsection (d)) shall be 

managed by the Secretary concerned. 

(2) MANAGEMENT PLAN.— 

(A) IN GENERAL.—In accordance with subparagraph (A), not later than 3 years after 

the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described 

in paragraph (205) of section 3(a) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

added by subsection (d)) that is located in an 

area under the jurisdiction of the Secretary 

concerned. 

(B) REQUIRED COMPONENT.—Each management plan developed by the Secretary concerned under subparagraph (A) shall contain, 

with respect to the river segment that is the 

subject of the plan, a section that contains 

an analysis and description of the availability and compatibility of future development with the wild and scenic character of 

the river segment (with particular emphasis 

on each river segment that contains 1 or 

more parcels of private land). 

(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER SEGMENTS.— 

(A) The Secretary concerned shall apply 

for the quantification of the water rights reserved by each river segment designated by 

this section in accordance with the procedural requirements of the laws of the State 

of Wyoming. 

(B) For the purpose of the quantification of 

water rights under this subsection, with respect to each Wild and Scenic River segment 

designated by this section— 

(i) the purposes for which the segments are 

designated, as set forth in this section, are 

declared to be beneficial uses; and 

(ii) the priority date of such right shall be 

the date of enactment of this Act. 

(4) STREAM GAUGES.—Consistent with the 

Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

seq.), the Secretary may carry out activities 

at United States Geological Survey stream 

gauges that are located on the Snake River 

(including tributaries of the Snake River), 

including flow measurements and operation, 

maintenance, and replacement. 

(5) CONSENT OF PROPERTY OWNER.—No property or interest in property located within 

the boundaries of any river segment described in paragraph (205) of section 3(a) of 

the Wild and Scenic Rivers Act (16 U.S.C. 

1274(a)) (as added by subsection (d)) may be 

acquired by the Secretary without the consent of the owner of the property or interest 

in property. 

(6) EFFECT OF DESIGNATIONS.— 

(A) IN GENERAL.—Nothing in this section 

affects valid existing rights, including— 

(i) all interstate water compacts in existence on the date of enactment of this Act 

(including full development of any apportionment made in accordance with the compacts); 

(ii) water rights in the States of Idaho and 

Wyoming; and 

(iii) water rights held by the United 

States. 

(B) JACKSON LAKE; JACKSON LAKE DAM.— 

Nothing in this section shall affect the management and operation of Jackson Lake or 

Jackson Lake Dam, including the storage, 

management, and release of water. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. 

(a) DESIGNATION.—Section 3(a) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

amended by section 5002(d)) is amended by 

adding at the end the following: 

‘‘(206) TAUNTON RIVER, MASSACHUSETTS.— 

The main stem of the Taunton River from its 

headwaters at the confluence of the Town 

and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence 

with the Quequechan River at the Route 195 

Bridge in the City of Fall River, to be administered by the Secretary of the Interior in 

cooperation with the Taunton River Stewardship Council as follows: 

‘‘(A) The 18-mile segment from the confluence of the Town and Matfield Rivers to 

Route 24 in the Town of Raynham, as a scenic river. 

‘‘(B) The 5-mile segment from Route 24 to 

0.5 miles below Weir Bridge in the City of 

Taunton, as a recreational river. 

‘‘(C) The 8-mile segment from 0.5 miles 

below Weir Bridge to Muddy Cove in the 

Town of Dighton, as a scenic river. 

‘‘(D) The 9-mile segment from Muddy Cove 

to the confluence with the Quequechan River 

at the Route 195 Bridge in the City of Fall 

River, as a recreational river.’’. 

(b) MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.— 

(1) TAUNTON RIVER STEWARDSHIP PLAN.— 

(A) IN GENERAL.—Each river segment designated by section 3(a)(206) of the Wild and 

Scenic Rivers Act (as added by subsection 

(a)) shall be managed in accordance with the 

Taunton River Stewardship Plan, dated July 

2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this subsection as the ‘‘Secretary’’) determines to be 

consistent with this section). 

(B) EFFECT.—The Taunton River Stewardship Plan described in subparagraph (A) shall 

be considered to satisfy each requirement relating to the comprehensive management 

plan required under section 3(d) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1274(d)). 

(2) COOPERATIVE AGREEMENTS.—To provide 

for the long-term protection, preservation, 

and enhancement of each river segment designated by section 3(a)(206) of the Wild and 

Scenic Rivers Act (as added by subsection 

(a)), pursuant to sections 10(e) and 11(b)(1) of 

the Wild and Scenic Rivers Act (16 U.S.C. 

1281(e) and 1282(b)(1)), the Secretary may 

enter into cooperative agreements (which 

may include provisions for financial and 

other assistance) with— 

(A) the Commonwealth of Massachusetts 

(including political subdivisions of the Commonwealth of Massachusetts); 

(B) the Taunton River Stewardship Council; and 

(C) any appropriate nonprofit organization, 

as determined by the Secretary. 

(3) RELATION TO NATIONAL PARK SYSTEM.— 

Notwithstanding section 10(c) of the Wild 

and Scenic Rivers Act (16 U.S.C. 1281(c)), 

each river segment designated by section 

3(a)(206) of the Wild and Scenic Rivers Act 

(as added by subsection (a)) shall not be— 

(A) administered as a unit of the National 

Park System; or 

(B) subject to the laws (including regulations) that govern the administration of the 

National Park System. 

(4) LAND MANAGEMENT.— 

(A) ZONING ORDINANCES.—The zoning ordinances adopted by the Towns of Bridgewater, 

Halifax, Middleborough, Raynham, Berkley, 

Dighton, Freetown, and Somerset, and the 

Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning 

ordinances relating to the conservation of 

floodplains, wetlands, and watercourses associated with any river segment designated by 


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section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a))), shall be 

considered to satisfy each standard and requirement described in section 6(c) of the 

Wild and Scenic Rivers Act (16 U.S.C. 

1277(c)). 

(B) VILLAGES.—For the purpose of section 

6(c) of the Wild and Scenic Rivers Act (16 

U.S.C. 1277(c)), each town described in subparagraph (A) shall be considered to be a village. 

(C) ACQUISITION OF LAND.— 

(i) LIMITATION OF AUTHORITY OF SECRETARY.—With respect to each river segment 

designated by section 3(a)(206) of the Wild 

and Scenic Rivers Act (as added by subsection (a)), the Secretary may only acquire 

parcels of land— 

(I) by donation; or 

(II) with the consent of the owner of the 

parcel of land. 

(ii) PROHIBITION RELATING TO ACQUISITION

OF LAND BY CONDEMNATION.—In accordance 

with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to 

each river segment designated by section 

3(a)(206) of the Wild and Scenic Rivers Act 

(as added by subsection (a)), the Secretary 

may not acquire any parcel of land by condemnation. 

Subtitle B—Wild and Scenic Rivers Studies 

SEC. 5101. MISSISQUOI AND TROUT RIVERS 

STUDY. 

(a) DESIGNATION FOR STUDY.—Section 5(a) 

of the Wild and Scenic Rivers Act (16 U.S.C. 

1276(a)) is amended by adding at the end the 

following: 

‘‘(140) MISSISQUOI AND TROUT RIVERS, 

VERMONT.—The approximately 25-mile segment of the upper Missisquoi from its headwaters in Lowell to the Canadian border in 

North Troy, the approximately 25-mile segment from the Canadian border in East 

Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River 

from its headwaters to its confluence with 

the Missisquoi River.’’. 

(b) STUDY AND REPORT.—Section 5(b) of the 

Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) 

is amended by adding at the end the following: 

‘‘(19) MISSISQUOI AND TROUT RIVERS, 

VERMONT.—Not later than 3 years after the 

date on which funds are made available to 

carry out this paragraph, the Secretary of 

the Interior shall— 

‘‘(A) complete the study of the Missisquoi 

and Trout Rivers, Vermont, described in subsection (a)(140); and 

‘‘(B) submit a report describing the results 

of that study to the appropriate committees 

of Congress.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

Subtitle C—Additions to the National Trails 

System 

SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. 

Section 5(a) of the National Trails System 

Act (16 U.S.C. 1244(a)) is amended by adding 

at the end the following: 

‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— 

‘‘(A) IN GENERAL.—The Arizona National 

Scenic Trail, extending approximately 807 

miles across the State of Arizona from the 

U.S.–Mexico international border to the Arizona–Utah border, as generally depicted on 

the map entitled ‘Arizona National Scenic 

Trail’ and dated December 5, 2007, to be administered by the Secretary of Agriculture, 

in consultation with the Secretary of the Interior and appropriate State, tribal, and 

local governmental agencies. 

‘‘(B) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in appropriate offices of the Forest Service.’’. 

SEC. 5202. NEW ENGLAND NATIONAL SCENIC 

TRAIL. 

(a) AUTHORIZATION AND ADMINISTRATION.— 

Section 5(a) of the National Trails System 

Act (16 U.S.C. 1244(a)) (as amended by section 

5201) is amended by adding at the end the following: 

‘‘(28) NEW ENGLAND NATIONAL SCENIC

TRAIL.—The New England National Scenic 

Trail, a continuous trail extending approximately 220 miles from the border of New 

Hampshire in the town of Royalston, Massachusetts to Long Island Sound in the town of 

Guilford, Connecticut, as generally depicted 

on the map titled ‘New England National 

Scenic Trail Proposed Route’, numbered T06/ 

80,000, and dated October 2007. The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service. The Secretary of the Interior, 

in consultation with appropriate Federal, 

State, tribal, regional, and local agencies, 

and other organizations, shall administer the 

trail after considering the recommendations 

of the report titled the ‘Metacomet Monadnock Mattabesset Trail System National 

Scenic Trail Feasibility Study and Environmental Assessment’, prepared by the National Park Service, and dated Spring 2006. 

The United States shall not acquire for the 

trail any land or interest in land without the 

consent of the owner.’’. 

(b) MANAGEMENT.—The Secretary of the Interior (referred to in this section as the 

‘‘Secretary’’) shall consider the actions outlined in the Trail Management Blueprint described in the report titled the ‘‘Metacomet 

Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and 

Environmental Assessment’’, prepared by 

the National Park Service, and dated Spring 

2006, as the framework for management and 

administration of the New England National 

Scenic Trail. Additional or more detailed 

plans for administration, management, protection, access, maintenance, or development of the trail may be developed consistent with the Trail Management Blueprint, and as approved by the Secretary. 

(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized to enter into cooperative agreements with the Commonwealth of 

Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, 

local, and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and 

protection objectives consistent with the 

Trail Management Blueprint. An agreement 

under this subsection may include provisions 

for limited financial assistance to encourage 

participation in the planning, acquisition, 

protection, operation, development, or maintenance of the trail. 

(d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to section 6 of the National Trails System Act (16 U.S.C. 1245), the Secretary is encouraged to work with the State of New 

Hampshire and appropriate local and private 

organizations to include that portion of the 

Metacomet-Monadnock Trail in New Hampshire (which lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a 

component of the New England National Scenic Trail. Inclusion of this segment, as well 

as other potential side or connecting trails, 

is contingent upon written application to the 

Secretary by appropriate State and local jurisdictions and a finding by the Secretary 

that trail management and administration is 

consistent with the Trail Management Blueprint. 

SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC 

TRAIL. 

(a) FINDINGS; PURPOSE.— 

(1) FINDINGS.—Congress finds that— 

(A) at the end of the last Ice Age, some 

12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the 

northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts 

of the States of Montana, Idaho, Washington 

and Oregon; 

(B) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in 

the region; and 

(C) in 2001, a joint study team headed by 

the National Park Service that included 

about 70 members from public and private 

entities completed a study endorsing the establishment of an Ice Age Floods National 

Geologic Trail— 

(i) to recognize the national significance of 

this phenomenon; and 

(ii) to coordinate public and private sector 

entities in the presentation of the story of 

the Ice Age floods. 

(2) PURPOSE.—The purpose of this section 

is to designate the Ice Age Floods National 

Geologic Trail in the States of Montana, 

Idaho, Washington, and Oregon, enabling the 

public to view, experience, and learn about 

the features and story of the Ice Age floods 

through the collaborative efforts of public 

and private entities. 

(b) DEFINITIONS.—In this section: 

(1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice 

Age floods’’ or ‘‘floods’’ means the cataclysmic floods that occurred in what is now 

the northwestern United States during the 

last Ice Age from massive, rapid and recurring drainage of Glacial Lake Missoula. 

(2) PLAN.—The term ‘‘plan’’ means the cooperative management and interpretation 

plan authorized under subsection (f)(5). 

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

means the Secretary of the Interior. 

(4) TRAIL.—The term ‘‘Trail’’ means the Ice 

Age Floods National Geologic Trail designated by subsection (c). 

(c) DESIGNATION.—In order to provide for 

public appreciation, understanding, and enjoyment of the nationally significant natural 

and cultural features of the Ice Age floods 

and to promote collaborative efforts for interpretation and education among public and 

private entities located along the pathways 

of the floods, there is designated the Ice Age 

Floods National Geologic Trail. 

(d) LOCATION.— 

(1) MAP.—The route of the Trail shall be as 

generally depicted on the map entitled ‘‘Ice 

Age Floods National Geologic Trail,’’ numbered P43/80,000 and dated June 2004. 

(2) ROUTE.—The route shall generally follow public roads and highways. 

(3) REVISION.—The Secretary may revise 

the map by publication in the Federal Register of a notice of availability of a new map 

as part of the plan. 

(e) MAP AVAILABILITY.—The map referred 

to in subsection (d)(1) shall be on file and 

available for public inspection in the appropriate offices of the National Park Service. 

(f) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary, acting 

through the Director of the National Park 

Service, shall administer the Trail in accordance with this section. 

(2) LIMITATION.—Except as provided in 

paragraph (6)(B), the Trail shall not be considered to be a unit of the National Park 

System. 

(3) TRAIL MANAGEMENT OFFICE.—To improve 

management of the Trail and coordinate 

Trail activities with other public agencies 

and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity 

of the Trail. 


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(4) INTERPRETIVE FACILITIES.—The Secretary may plan, design, and construct interpretive facilities for sites associated with 

the Trail if the facilities are constructed in 

partnership with State, local, tribal, or nonprofit entities and are consistent with the 

plan. 

(5) MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 3 years 

after funds are made available to carry out 

this section, the Secretary shall prepare a 

cooperative management and interpretation 

plan for the Trail. 

(B) CONSULTATION.—The Secretary shall 

prepare the plan in consultation with— 

(i) State, local, and tribal governments; 

(ii) the Ice Age Floods Institute; 

(iii) private property owners; and 

(iv) other interested parties. 

(C) CONTENTS.—The plan shall— 

(i) confirm and, if appropriate, expand on 

the inventory of features of the floods contained in the National Park Service study 

entitled ‘‘Ice Age Floods, Study of Alternatives and Environmental Assessment’’ 

(February 2001) by— 

(I) locating features more accurately; 

(II) improving the description of features; 

and 

(III) reevaluating the features in terms of 

their interpretive potential; 

(ii) review and, if appropriate, modify the 

map of the Trail referred to in subsection 

(d)(1); 

(iii) describe strategies for the coordinated 

development of the Trail, including an interpretive plan for facilities, waysides, roadside 

pullouts, exhibits, media, and programs that 

present the story of the floods to the public 

effectively; and 

(iv) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate 

the public about the story of the floods. 

(6) COOPERATIVE MANAGEMENT.— 

(A) IN GENERAL.—In order to facilitate the 

development of coordinated interpretation, 

education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail 

and to promote more efficient administration of the sites associated with the Trail, 

the Secretary may enter into cooperative 

management agreements with appropriate 

officials in the States of Montana, Idaho, 

Washington, and Oregon in accordance with 

the authority provided for units of the National Park System under section 3(l) of 

Public Law 91–383 (16 U.S.C. 1a–2(l)). 

(B) AUTHORITY.—For purposes of this paragraph only, the Trail shall be considered a 

unit of the National Park System. 

(7) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with public or private entities to 

carry out this section. 

(8) EFFECT ON PRIVATE PROPERTY RIGHTS.— 

Nothing in this section— 

(A) requires any private property owner to 

allow public access (including Federal, 

State, or local government access) to private 

property; or 

(B) modifies any provision of Federal, 

State, or local law with respect to public access to or use of private land. 

(9) LIABILITY.—Designation of the Trail by 

subsection (c) does not create any liability 

for, or affect any liability under any law of, 

any private property owner with respect to 

any person injured on the private property. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section, of which not more than $12,000,000 may 

be used for development of the Trail. 

SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL. 

Section 5(a) of the National Trails System 

Act (16 U.S.C. 1244(a)) (as amended by section 

5202(a)) is amended by adding at the end the 

following: 

‘‘(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL.— 

‘‘(A) IN GENERAL.—The Washington-Rochambeau Revolutionary Route National 

Historic Trail, a corridor of approximately 

600 miles following the route taken by the 

armies of General George Washington and 

Count Rochambeau between Newport, Rhode 

Island, and Yorktown, Virginia, in 1781 and 

1782, as generally depicted on the map entitled ‘WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC 

TRAIL’, numbered T01/80,001, and dated June 

2007. 

‘‘(B) MAP.—The map referred to in subparagraph (A) shall be on file and available for 

public inspection in the appropriate offices 

of the National Park Service. 

‘‘(C) ADMINISTRATION.—The trail shall be 

administered by the Secretary of the Interior, in consultation with— 

‘‘(i) other Federal, State, tribal, regional, 

and local agencies; and 

‘‘(ii) the private sector. 

‘‘(D) LAND ACQUISITION.—The United States 

shall not acquire for the trail any land or interest in land outside the exterior boundary 

of any federally-managed area without the 

consent of the owner of the land or interest 

in land.’’. 

SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL. 

Section 5(a) of the National Trails System 

Act (16 U.S.C. 1244(a)) (as amended by section 

5204) is amended by adding at the end the following: 

‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC

TRAIL.— 

‘‘(A) IN GENERAL.—The Pacific Northwest 

National Scenic Trail, a trail of approximately 1,200 miles, extending from the Continental Divide in Glacier National Park, 

Montana, to the Pacific Ocean Coast in 

Olympic National Park, Washington, following the route depicted on the map entitled ‘Pacific Northwest National Scenic 

Trail: Proposed Trail’, numbered T12/80,000, 

and dated February 2008 (referred to in this 

paragraph as the ‘map’). 

‘‘(B) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the Forest Service. 

‘‘(C) ADMINISTRATION.—The Pacific Northwest National Scenic Trail shall be administered by the Secretary of Agriculture. 

‘‘(D) LAND ACQUISITION.—The United States 

shall not acquire for the Pacific Northwest 

National Scenic Trail any land or interest in 

land outside the exterior boundary of any 

federally-managed area without the consent 

of the owner of the land or interest in land.’’. 

SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC 

TRAIL. 

Section 5(a)(16) of the National Trails System Act (16 U.S.C. 1244(a)(16)) is amended as 

follows: 

(1) By amending subparagraph (C) to read 

as follows: 

‘‘(C) In addition to the areas otherwise designated under this paragraph, the following 

routes and land components by which the 

Cherokee Nation was removed to Oklahoma 

are components of the Trail of Tears National Historic Trail, as generally described 

in the environmentally preferred alternative 

of the November 2007 Feasibility Study 

Amendment and Environmental Assessment 

for Trail of Tears National Historic Trail: 

‘‘(i) The Benge and Bell routes. 

‘‘(ii) The land components of the designated water routes in Alabama, Arkansas, 

Oklahoma, and Tennessee. 

‘‘(iii) The routes from the collection forts 

in Alabama, Georgia, North Carolina, and 

Tennessee to the emigration depots. 

‘‘(iv) The related campgrounds located 

along the routes and land components described in clauses (i) through (iii).’’. 

(2) In subparagraph (D)— 

(A) by striking the first sentence; and 

(B) by adding at the end the following: ‘‘No 

lands or interests in lands outside the exterior boundaries of any federally administered area may be acquired by the Federal 

Government for the Trail of Tears National 

Historic Trail except with the consent of the 

owner thereof.’’. 

Subtitle D—National Trail System 

Amendments 

SEC. 5301. NATIONAL TRAILS SYSTEM WILLING 

SELLER AUTHORITY. 

(a) AUTHORITY TO ACQUIRE LAND FROM

WILLING SELLERS FOR CERTAIN TRAILS.— 

(1) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)(3) of the National Trails System 

Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may 

be acquired by the Federal Government for 

the trail except with the consent of the 

owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be 

limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(2) MORMON PIONEER NATIONAL HISTORIC

TRAIL.—Section 5(a)(4) of the National Trails 

System Act (16 U.S.C. 1244(a)(4)) is amended 

by adding at the end the following: ‘‘No land 

or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land. The 

authority of the Federal Government to acquire fee title under this paragraph shall be 

limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(3) CONTINENTAL DIVIDE NATIONAL SCENIC

TRAIL.—Section 5(a)(5) of the National Trails 

System Act (16 U.S.C. 1244(a)(5)) is amended 

by adding at the end the following: ‘‘No land 

or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land. The 

authority of the Federal Government to acquire fee title under this paragraph shall be 

limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(4) LEWIS AND CLARK NATIONAL HISTORIC

TRAIL.—Section 5(a)(6) of the National Trails 

System Act (16 U.S.C. 1244(a)(6)) is amended 

by adding at the end the following: ‘‘No land 

or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land. The 

authority of the Federal Government to acquire fee title under this paragraph shall be 

limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(5) IDITAROD NATIONAL HISTORIC TRAIL.— 

Section 5(a)(7) of the National Trails System 

Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may 

be acquired by the Federal Government for 

the trail except with the consent of the 

owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be 


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limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(6) NORTH COUNTRY NATIONAL SCENIC

TRAIL.—Section 5(a)(8) of the National Trails 

System Act (16 U.S.C. 1244(a)(8)) is amended 

by adding at the end the following: ‘‘No land 

or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land.’’. 

(7) ICE AGE NATIONAL SCENIC TRAIL.—Section 5(a)(10) of the National Trails System 

Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may 

be acquired by the Federal Government for 

the trail except with the consent of the 

owner of the land or interest in land.’’. 

(8) POTOMAC HERITAGE NATIONAL SCENIC

TRAIL.—Section 5(a)(11) of the National 

Trails System Act (16 U.S.C. 1244(a)(11)) is 

amended— 

(A) by striking the fourth and fifth sentences; and 

(B) by adding at the end the following: ‘‘No 

land or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land.’’. 

(9) NEZ PERCE NATIONAL HISTORIC TRAIL.— 

Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended— 

(A) by striking the fourth and fifth sentences; and 

(B) by adding at the end the following: ‘‘No 

land or interest in land outside the exterior 

boundaries of any federally administered 

area may be acquired by the Federal Government for the trail except with the consent of 

the owner of the land or interest in land. The 

authority of the Federal Government to acquire fee title under this paragraph shall be 

limited to an average of not more than 1⁄4

mile on either side of the trail.’’. 

(b) CONFORMING AMENDMENT.—Section 10 of 

the National Trails System Act (16 U.S.C. 

1249) is amended by striking subsection (c) 

and inserting the following: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—Except as otherwise provided in this Act, there are authorized to be 

appropriated such sums as are necessary to 

implement the provisions of this Act relating to the trails designated by section 5(a). 

‘‘(2) NATCHEZ TRACE NATIONAL SCENIC

TRAIL.— 

‘‘(A) IN GENERAL.—With respect to the 

Natchez Trace National Scenic Trail (referred to in this paragraph as the ‘trail’) designated by section 5(a)(12)— 

‘‘(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and 

‘‘(ii) not more than $2,000,000 shall be appropriated for the development of the trail. 

‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL

GROUPS.—The administering agency for the 

trail shall encourage volunteer trail groups 

to participate in the development of the 

trail.’’. 

SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. 

Section 5 of the National Trails System 

Act (16 U.S.C. 1244) is amended by adding at 

the end the following: 

‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ROUTE.—The term ‘route’ includes a 

trail segment commonly known as a cutoff. 

‘‘(B) SHARED ROUTE.—The term ‘shared 

route’ means a route that was a segment of 

more than 1 historic trail, including a route 

shared with an existing national historic 

trail. 

‘‘(2) REQUIREMENTS FOR REVISION.— 

‘‘(A) IN GENERAL.—The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for 

consideration of possible additions to the 

trails. 

‘‘(B) STUDY REQUIREMENTS AND OBJECTIVES.—The study requirements and objectives specified in subsection (b) shall apply 

to a study required by this subsection. 

‘‘(C) COMPLETION AND SUBMISSION OF

STUDY.—A study listed in this subsection 

shall be completed and submitted to Congress not later than 3 complete fiscal years 

from the date funds are made available for 

the study. 

‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of 

the Interior shall undertake a study of the 

routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map 

entitled ‘Western Emigrant Trails 1830/1870’ 

and dated 1991/1993, and of such other routes 

of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or 

more of the routes as components of the Oregon National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be 

studied under subparagraph (A) shall include 

the following: 

‘‘(i) Whitman Mission route. 

‘‘(ii) Upper Columbia River. 

‘‘(iii) Cowlitz River route. 

‘‘(iv) Meek cutoff. 

‘‘(v) Free Emigrant Road. 

‘‘(vi) North Alternate Oregon Trail. 

‘‘(vii) Goodale’s cutoff. 

‘‘(viii) North Side alternate route. 

‘‘(ix) Cutoff to Barlow road. 

‘‘(x) Naches Pass Trail. 

‘‘(4) PONY EXPRESS NATIONAL HISTORIC

TRAIL.—The Secretary of the Interior shall 

undertake a study of the approximately 20- 

mile southern alternative route of the Pony 

Express Trail from Wathena, Kansas, to 

Troy, Kansas, and such other routes of the 

Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or 

more of the routes as components of the 

Pony Express National Historic Trail. 

‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of 

the Interior shall undertake a study of the 

Missouri Valley, central, and western routes 

of the California Trail listed in subparagraph 

(B) and generally depicted on the map entitled ‘Western Emigrant Trails 1830/1870’ and 

dated 1991/1993, and of such other and shared 

Missouri Valley, central, and western routes 

that the Secretary considers appropriate, to 

determine the feasibility and suitability of 

designation of 1 or more of the routes as 

components of the California National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be 

studied under subparagraph (A) shall include 

the following: 

‘‘(i) MISSOURI VALLEY ROUTES.— 

‘‘(I) Blue Mills-Independence Road. 

‘‘(II) Westport Landing Road. 

‘‘(III) Westport-Lawrence Road. 

‘‘(IV) Fort Leavenworth-Blue River route. 

‘‘(V) Road to Amazonia. 

‘‘(VI) Union Ferry Route. 

‘‘(VII) Old Wyoming-Nebraska City cutoff. 

‘‘(VIII) Lower Plattsmouth Route. 

‘‘(IX) Lower Bellevue Route. 

‘‘(X) Woodbury cutoff. 

‘‘(XI) Blue Ridge cutoff. 

‘‘(XII) Westport Road. 

‘‘(XIII) Gum Springs-Fort Leavenworth 

route. 

‘‘(XIV) Atchison/Independence Creek 

routes. 

‘‘(XV) Fort Leavenworth-Kansas River 

route. 

‘‘(XVI) Nebraska City cutoff routes. 

‘‘(XVII) Minersville-Nebraska City Road. 

‘‘(XVIII) Upper Plattsmouth route. 

‘‘(XIX) Upper Bellevue route. 

‘‘(ii) CENTRAL ROUTES.— 

‘‘(I) Cherokee Trail, including splits. 

‘‘(II) Weber Canyon route of Hastings cutoff. 

‘‘(III) Bishop Creek cutoff. 

‘‘(IV) McAuley cutoff. 

‘‘(V) Diamond Springs cutoff. 

‘‘(VI) Secret Pass. 

‘‘(VII) Greenhorn cutoff. 

‘‘(VIII) Central Overland Trail. 

‘‘(iii) WESTERN ROUTES.— 

‘‘(I) Bidwell-Bartleson route. 

‘‘(II) Georgetown/Dagget Pass Trail. 

‘‘(III) Big Trees Road. 

‘‘(IV) Grizzly Flat cutoff. 

‘‘(V) Nevada City Road. 

‘‘(VI) Yreka Trail. 

‘‘(VII) Henness Pass route. 

‘‘(VIII) Johnson cutoff. 

‘‘(IX) Luther Pass Trail. 

‘‘(X) Volcano Road. 

‘‘(XI) Sacramento-Coloma Wagon Road. 

‘‘(XII) Burnett cutoff. 

‘‘(XIII) Placer County Road to Auburn. 

‘‘(6) MORMON PIONEER NATIONAL HISTORIC

TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of 

the Interior shall undertake a study of the 

routes of the Mormon Pioneer Trail listed in 

subparagraph (B) and generally depicted in 

the map entitled ‘Western Emigrant Trails 

1830/1870’ and dated 1991/1993, and of such 

other routes of the Mormon Pioneer Trail 

that the Secretary considers appropriate, to 

determine the feasibility and suitability of 

designation of 1 or more of the routes as 

components of the Mormon Pioneer National 

Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be 

studied under subparagraph (A) shall include 

the following: 

‘‘(i) 1846 Subsequent routes A and B (Lucas 

and Clarke Counties, Iowa). 

‘‘(ii) 1856–57 Handcart route (Iowa City to 

Council Bluffs). 

‘‘(iii) Keokuk route (Iowa). 

‘‘(iv) 1847 Alternative Elkhorn and Loup 

River Crossings in Nebraska. 

‘‘(v) Fort Leavenworth Road; Ox Bow route 

and alternates in Kansas and Missouri (Oregon and California Trail routes used by 

Mormon emigrants). 

‘‘(vi) 1850 Golden Pass Road in Utah. 

‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL

ROUTES.— 

‘‘(A) STUDY REQUIRED.—The Secretary of 

the Interior shall undertake a study of the 

shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and 

generally depicted on the map entitled 

‘Western Emigrant Trails 1830/1870’ and dated 

1991/1993, and of such other shared routes 

that the Secretary considers appropriate, to 

determine the feasibility and suitability of 

designation of 1 or more of the routes as 

shared components of the California National Historic Trail and the Oregon National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be 

studied under subparagraph (A) shall include 

the following: 

‘‘(i) St. Joe Road. 

‘‘(ii) Council Bluffs Road. 

‘‘(iii) Sublette cutoff. 

‘‘(iv) Applegate route. 

‘‘(v) Old Fort Kearny Road (Oxbow Trail). 

‘‘(vi) Childs cutoff. 

‘‘(vii) Raft River to Applegate.’’. 


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SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES. 

Section 5(c) of the National Trails System 

Act (16 U.S.C. 1244(c)) is amended by adding 

at the end the following: 

‘‘(44) CHISHOLM TRAIL.— 

‘‘(A) IN GENERAL.—The Chisholm Trail 

(also known as the ‘Abilene Trail’), from the 

vicinity of San Antonio, Texas, segments 

from the vicinity of Cuero, Texas, to Ft. 

Worth, Texas, Duncan, Oklahoma, alternate 

segments used through Oklahoma, to Enid, 

Oklahoma, Caldwell, Kansas, Wichita, Kansas, Abilene, Kansas, and commonly used 

segments running to alternative Kansas destinations. 

‘‘(B) REQUIREMENT.—In conducting the 

study required under this paragraph, the 

Secretary of the Interior shall identify the 

point at which the trail originated south of 

San Antonio, Texas. 

‘‘(45) GREAT WESTERN TRAIL.— 

‘‘(A) IN GENERAL.—The Great Western Trail 

(also known as the ‘Dodge City Trail’), from 

the vicinity of San Antonio, Texas, north-bynorthwest through the vicinities of Kerrville 

and Menard, Texas, north-by-northeast 

through the vicinities of Coleman and Albany, Texas, north through the vicinity of 

Vernon, Texas, to Doan’s Crossing, Texas, 

northward through or near the vicinities of 

Altus, Lone Wolf, Canute, Vici, and May, 

Oklahoma, north through Kansas to Dodge 

City, and north through Nebraska to 

Ogallala. 

‘‘(B) REQUIREMENT.—In conducting the 

study required under this paragraph, the 

Secretary of the Interior shall identify the 

point at which the trail originated south of 

San Antonio, Texas.’’. 

TITLE VI—DEPARTMENT OF THE 

INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed 

Management Program 

SEC. 6001. DEFINITIONS. 

In this subtitle: 

(1) AFFECTED STAKEHOLDER.—The term ‘‘affected stakeholder’’ means an entity that 

significantly affects, or is significantly affected by, the quality or quantity of water in 

a watershed, as determined by the Secretary. 

(2) GRANT RECIPIENT.—The term ‘‘grant recipient’’ means a watershed group that the 

Secretary has selected to receive a grant 

under section 6002(c)(2). 

(3) PROGRAM.—The term ‘‘program’’ means 

the Cooperative Watershed Management 

Program established by the Secretary under 

section 6002(a). 

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

means the Secretary of the Interior. 

(5) WATERSHED GROUP.—The term ‘‘watershed group’’ means a self-sustaining, cooperative watershed-wide group that— 

(A) is comprised of representatives of the 

affected stakeholders of the relevant watershed; 

(B) incorporates the perspectives of a diverse array of stakeholders, including, to the 

maximum extent practicable— 

(i) representatives of— 

(I) hydroelectric production; 

(II) livestock grazing; 

(III) timber production; 

(IV) land development; 

(V) recreation or tourism; 

(VI) irrigated agricultural production; 

(VII) the environment; 

(VIII) potable water purveyors and industrial water users; and 

(IX) private property owners within the 

watershed; 

(ii) any Federal agency that has authority 

with respect to the watershed; 

(iii) any State agency that has authority 

with respect to the watershed; 

(iv) any local agency that has authority 

with respect to the watershed; and 

(v) any Indian tribe that— 

(I) owns land within the watershed; or 

(II) has land in the watershed that is held 

in trust; 

(C) is a grassroots, nonregulatory entity 

that addresses water availability and quality 

issues within the relevant watershed; 

(D) is capable of promoting the sustainable 

use of the water resources of the relevant 

watershed and improving the functioning 

condition of rivers and streams through— 

(i) water conservation; 

(ii) improved water quality; 

(iii) ecological resiliency; and 

(iv) the reduction of water conflicts; and 

(E) makes decisions on a consensus basis, 

as defined in the bylaws of the watershed 

group. 

(6) WATERSHED MANAGEMENT PROJECT.—The 

term ‘‘watershed management project’’ 

means any project (including a demonstration project) that— 

(A) enhances water conservation, including 

alternative water uses; 

(B) improves water quality; 

(C) improves ecological resiliency of a 

river or stream; 

(D) reduces the potential for water conflicts; or 

(E) advances any other goals associated 

with water quality or quantity that the Secretary determines to be appropriate. 

SEC. 6002. PROGRAM. 

(a) ESTABLISHMENT.—Not later than 180 

days after the date of enactment of this Act, 

the Secretary shall establish a program, to 

be known as the ‘‘Cooperative Watershed 

Management Program’’, under which the 

Secretary shall provide grants— 

(1)(A) to form a watershed group; or 

(B) to enlarge a watershed group; and 

(2) to conduct 1 or more projects in accordance with the goals of a watershed group. 

(b) APPLICATION.— 

(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.—Not later than 1 year after 

the date of enactment of this Act, the Secretary shall establish— 

(A) an application process for the program; 

and 

(B) in consultation with the States, 

prioritization and eligibility criteria for considering applications submitted in accordance with the application process. 

(c) DISTRIBUTION OF GRANT FUNDS.— 

(1) IN GENERAL.—In distributing grant 

funds under this section, the Secretary— 

(A) shall comply with paragraph (2); and 

(B) may give priority to watershed groups 

that— 

(i) represent maximum diversity of interests; or 

(ii) serve subbasin-sized watersheds with 

an 8-digit hydrologic unit code, as defined by 

the United States Geological Survey. 

(2) FUNDING PROCEDURE.— 

(A) FIRST PHASE.— 

(i) IN GENERAL.—The Secretary may provide to a grant recipient a first-phase grant 

in an amount not greater than $100,000 each 

year for a period of not more than 3 years. 

(ii) MANDATORY USE OF FUNDS.—A grant recipient that receives a first-phase grant shall 

use the funds— 

(I) to establish or enlarge a watershed 

group; 

(II) to develop a mission statement for the 

watershed group; 

(III) to develop project concepts; and 

(IV) to develop a restoration plan. 

(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— 

(I) DETERMINATION.—For each year of a 

first-phase grant, not later than 270 days 

after the date on which a grant recipient 

first receives grant funds for the year, the 

Secretary shall determine whether the grant 

recipient has made sufficient progress during 

the year to justify additional funding. 

(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that 

the progress of a grant recipient during the 

year covered by the determination justifies 

additional funding, the Secretary shall provide to the grant recipient grant funds for 

the following year. 

(iv) ADVANCEMENT CONDITIONS.—A grant recipient shall not be eligible to receive a second-phase grant under subparagraph (B) 

until the date on which the Secretary determines that the watershed group— 

(I) has approved articles of incorporation 

and bylaws governing the organization; and 

(II)(aa) holds regular meetings; 

(bb) has completed a mission statement; 

and 

(cc) has developed a restoration plan and 

project concepts for the watershed. 

(v) EXCEPTION.—A watershed group that 

has not applied for or received first-phase 

grants may apply for and receive secondphase grants under subparagraph (B) if the 

Secretary determines that the group has satisfied the requirements of first-phase grants. 

(B) SECOND PHASE.— 

(i) IN GENERAL.—A watershed group may 

apply for and receive second-phase grants of 

$1,000,000 each year for a period of not more 

than 4 years if— 

(I) the watershed group has applied for and 

received watershed grants under subparagraph (A); or 

(II) the Secretary determines that the watershed group has satisfied the requirements 

of first-phase grants. 

(ii) MANDATORY USE OF FUNDS.—A grant recipient that receives a second-phase grant 

shall use the funds to plan and carry out watershed management projects. 

(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— 

(I) DETERMINATION.—For each year of the 

second-phase grant, not later than 270 days 

after the date on which a grant recipient 

first receives grant funds for the year, the 

Secretary shall determine whether the grant 

recipient has made sufficient progress during 

the year to justify additional funding. 

(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that 

the progress of a grant recipient during the 

year justifies additional funding, the Secretary shall provide to the grant recipient 

grant funds for the following year. 

(iv) ADVANCEMENT CONDITION.—A grant recipient shall not be eligible to receive a 

third-phase grant under subparagraph (C) 

until the date on which the Secretary determines that the grant recipient has— 

(I) completed each requirement of the second-phase grant; and 

(II) demonstrated that 1 or more pilot 

projects of the grant recipient have resulted 

in demonstrable improvements, as determined by the Secretary, in the functioning 

condition of at least 1 river or stream in the 

watershed. 

(C) THIRD PHASE.— 

(i) FUNDING LIMITATION.— 

(I) IN GENERAL.—Except as provided in subclause (II), the Secretary may provide to a 

grant recipient a third-phase grant in an 

amount not greater than $5,000,000 for a period of not more than 5 years. 

(II) EXCEPTION.—The Secretary may provide to a grant recipient a third-phase grant 

in an amount that is greater than the 

amount described in subclause (I) if the Secretary determines that the grant recipient is 

capable of using the additional amount to 

further the purposes of the program in a way 

that could not otherwise be achieved by the 

grant recipient using the amount described 

in subclause (I). 


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(ii) MANDATORY USE OF FUNDS.—A grant recipient that receives a third-phase grant 

shall use the funds to plan and carry out at 

least 1 watershed management project. 

(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND OTHER COSTS.—A grant recipient 

that receives a grant under this section may 

use the funds— 

(A) to pay for— 

(i) administrative and coordination costs, 

if the costs are not greater than the lesser 

of— 

(I) 20 percent of the total amount of the 

grant; or 

(II) $100,000; 

(ii) the salary of not more than 1 full-time 

employee of the watershed group; and 

(iii) any legal fees arising from the establishment of the relevant watershed group; 

and 

(B) to fund— 

(i) water quality and quantity studies of 

the relevant watershed; and 

(ii) the planning, design, and implementation of any projects relating to water quality 

or quantity. 

(d) COST SHARE.— 

(1) PLANNING.—The Federal share of the 

cost of an activity provided assistance 

through a first-phase grant shall be 100 percent. 

(2) PROJECTS CARRIED OUT UNDER SECOND

PHASE.— 

(A) IN GENERAL.—The Federal share of the 

cost of any activity of a watershed management project provided assistance through a 

second-phase grant shall not exceed 50 percent of the total cost of the activity. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share under subparagraph (A) 

may be in the form of in-kind contributions. 

(3) PROJECTS CARRIED OUT UNDER THIRD

PHASE.— 

(A) IN GENERAL.—The Federal share of the 

costs of any activity of a watershed group of 

a grant recipient relating to a watershed 

management project provided assistance 

through a third-phase grant shall not exceed 

50 percent of the total costs of the watershed 

management project. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share under subparagraph (A) 

may be in the form of in-kind contributions. 

(e) ANNUAL REPORTS.— 

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

the date on which a grant recipient first receives funds under this section, and annually 

thereafter, in accordance with paragraph (2), 

the watershed group shall submit to the Secretary a report that describes the progress of 

the watershed group. 

(2) REQUIRED DEGREE OF DETAIL.—The contents of an annual report required under 

paragraph (1) shall contain sufficient information to enable the Secretary to complete 

each report required under subsection (f), as 

determined by the Secretary. 

(f) REPORT.—Not later than 5 years after 

the date of enactment of this Act, and every 

5 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of 

Representatives a report that describes— 

(1) the ways in which the program assists 

the Secretary— 

(A) in addressing water conflicts; 

(B) in conserving water; 

(C) in improving water quality; and 

(D) in improving the ecological resiliency 

of a river or stream; and 

(2) benefits that the program provides, including, to the maximum extent practicable, 

a quantitative analysis of economic, social, 

and environmental benefits. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section— 

(1) $2,000,000 for each of fiscal years 2008 

and 2009; 

(2) $5,000,000 for fiscal year 2010; 

(3) $10,000,000 for fiscal year 2011; and 

(4) $20,000,000 for each of fiscal years 2012 

through 2020. 

SEC. 6003. EFFECT OF SUBTITLE. 

Nothing in this subtitle affects the applicability of any Federal, State, or local law 

with respect to any watershed group. 

Subtitle B—Competitive Status for Federal 

Employees in Alaska 

SEC. 6101. COMPETITIVE STATUS FOR CERTAIN 

FEDERAL EMPLOYEES IN THE STATE 

OF ALASKA. 

Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is 

amended by adding at the end the following: 

‘‘(e) COMPETITIVE STATUS.— 

‘‘(1) IN GENERAL.—Nothing in subsection (a) 

provides that any person hired pursuant to 

the program established under that subsection is not eligible for competitive status 

in the same manner as any other employee 

hired as part of the competitive service. 

‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.— 

‘‘(A) PERSONS SERVING IN ORIGINAL POSITIONS.—Not later than 60 days after the date 

of enactment of this subsection, with respect 

to any person hired into a permanent position pursuant to the program established 

under subsection (a) who is serving in that 

position as of the date of enactment of this 

subsection, the Secretary shall redesignate 

that position and the person serving in that 

position as having been part of the competitive service as of the date that the person 

was hired into that position. 

‘‘(B) PERSONS NO LONGER SERVING IN ORIGINAL POSITIONS.—With respect to any person 

who was hired pursuant to the program established under subsection (a) that is no 

longer serving in that position as of the date 

of enactment of this subsection— 

‘‘(i) the person may provide to the Secretary a request for redesignation of the 

service as part of the competitive service 

that includes evidence of the employment; 

and 

‘‘(ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the 

person as being part of the competitive service.’’. 

Subtitle C—Management of the Baca 

National Wildlife Refuge 

SEC. 6201. BACA NATIONAL WILDLIFE REFUGE. 

Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (16 

U.S.C. 410hhh–4) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) ESTABLISHMENT.—(1) 

When’’ and inserting the following: 

‘‘(a) ESTABLISHMENT AND PURPOSE.— 

‘‘(1) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—When’’; 

(B) in paragraph (2), by striking ‘‘(2) Such 

establishment’’ and inserting the following: 

‘‘(B) EFFECTIVE DATE.—The establishment 

of the refuge under subparagraph (A)’’; and 

(C) by adding at the end the following: 

‘‘(2) PURPOSE.—The purpose of the Baca 

National Wildlife Refuge shall be to restore, 

enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis 

Valley.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) REQUIREMENTS.—In administering the 

Baca National Wildlife Refuge, the Secretary 

shall, to the maximum extent practicable— 

‘‘(A) emphasize migratory bird conservation; and 

‘‘(B) take into consideration the role of the 

Refuge in broader landscape conservation efforts.’’; and 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘and’’ at 

the end; 

(B) in paragraph (2), by striking the period 

at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) subject to any agreement in existence 

as of the date of enactment of this paragraph, and to the extent consistent with the 

purposes of the Refuge, use decreed water 

rights on the Refuge in approximately the 

same manner that the water rights have 

been used historically.’’. 

Subtitle D—Paleontological Resources 

Preservation 

SEC. 6301. DEFINITIONS. 

In this subtitle: 

(1) CASUAL COLLECTING.—The term ‘‘casual 

collecting’’ means the collecting of a reasonable amount of common invertebrate and 

plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools 

resulting in only negligible disturbance to 

the Earth’s surface and other resources. As 

used in this paragraph, the terms ‘‘reasonable amount’’, ‘‘common invertebrate and 

plant paleontological resources’’ and ‘‘negligible disturbance’’ shall be determined by 

the Secretary. 

(2) FEDERAL LAND.—The term ‘‘Federal 

land’’ means— 

(A) land controlled or administered by the 

Secretary of the Interior, except Indian land; 

or 

(B) National Forest System land controlled 

or administered by the Secretary of Agriculture. 

(3) INDIAN LAND.—The term ‘‘Indian Land’’ 

means land of Indian tribes, or Indian individuals, which are either held in trust by the 

United States or subject to a restriction 

against alienation imposed by the United 

States. 

(4) PALEONTOLOGICAL RESOURCE.—The term 

‘‘paleontological resource’’ means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, 

that are of paleontological interest and that 

provide information about the history of life 

on earth, except that the term does not include— 

(A) any materials associated with an archaeological resource (as defined in section 

3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or 

(B) any cultural item (as defined in section 

2 of the Native American Graves Protection 

and Repatriation Act (25 U.S.C. 3001)). 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior with respect to land controlled or administered by 

the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture. 

(6) STATE.—The term ‘‘State’’ means the 50 

States, the District of Columbia, the Commonwealth of Puerto Rico, and any other 

territory or possession of the United States. 

SEC. 6302. MANAGEMENT. 

(a) IN GENERAL.—The Secretary shall manage and protect paleontological resources on 

Federal land using scientific principles and 

expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and 


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the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. 

(b) COORDINATION.—To the extent possible, 

the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the 

implementation of this subtitle. 

SEC. 6303. PUBLIC AWARENESS AND EDUCATION 

PROGRAM. 

The Secretary shall establish a program to 

increase public awareness about the significance of paleontological resources. 

SEC. 6304. COLLECTION OF PALEONTOLOGICAL 

RESOURCES. 

(a) PERMIT REQUIREMENT.— 

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

subtitle, a paleontological resource may not 

be collected from Federal land without a permit issued under this subtitle by the Secretary. 

(2) CASUAL COLLECTING EXCEPTION.—The 

Secretary may allow casual collecting without a permit on Federal land controlled or 

administered by the Bureau of Land Management, the Bureau of Reclamation, and the 

Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle. 

(3) PREVIOUS PERMIT EXCEPTION.—Nothing 

in this section shall affect a valid permit 

issued prior to the date of enactment of this 

Act. 

(b) CRITERIA FOR ISSUANCE OF A PERMIT.— 

The Secretary may issue a permit for the 

collection of a paleontological resource pursuant to an application if the Secretary determines that— 

(1) the applicant is qualified to carry out 

the permitted activity; 

(2) the permitted activity is undertaken for 

the purpose of furthering paleontological 

knowledge or for public education; 

(3) the permitted activity is consistent 

with any management plan applicable to the 

Federal land concerned; and 

(4) the proposed methods of collecting will 

not threaten significant natural or cultural 

resources. 

(c) PERMIT SPECIFICATIONS.—A permit for 

the collection of a paleontological resource 

issued under this section shall contain such 

terms and conditions as the Secretary deems 

necessary to carry out the purposes of this 

subtitle. Every permit shall include requirements that— 

(1) the paleontological resource that is collected from Federal land under the permit 

will remain the property of the United 

States; 

(2) the paleontological resource and copies 

of associated records will be preserved for 

the public in an approved repository, to be 

made available for scientific research and 

public education; and 

(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. 

(d) MODIFICATION, SUSPENSION, AND REVOCATION OF PERMITS.— 

(1) The Secretary may modify, suspend, or 

revoke a permit issued under this section— 

(A) for resource, safety, or other management considerations; or 

(B) when there is a violation of term or 

condition of a permit issued pursuant to this 

section. 

(2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 6306 or is assessed a civil penalty under section 6307. 

(e) AREA CLOSURES.—In order to protect 

paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources. 

SEC. 6305. CURATION OF RESOURCES. 

Any paleontological resource, and any data 

and records associated with the resource, 

collected under a permit, shall be deposited 

in an approved repository. The Secretary 

may enter into agreements with non-Federal 

repositories regarding the curation of these 

resources, data, and records. 

SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. 

(a) IN GENERAL.—A person may not— 

(1) excavate, remove, damage, or otherwise 

alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface 

any paleontological resources located on 

Federal land unless such activity is conducted in accordance with this subtitle; 

(2) exchange, transport, export, receive, or 

offer to exchange, transport, export, or receive any paleontological resource if the person knew or should have known such resource to have been excavated or removed 

from Federal land in violation of any provisions, rule, regulation, law, ordinance, or 

permit in effect under Federal law, including 

this subtitle; or 

(3) sell or purchase or offer to sell or purchase any paleontological resource if the 

person knew or should have known such resource to have been excavated, removed, 

sold, purchased, exchanged, transported, or 

received from Federal land. 

(b) FALSE LABELING OFFENSES.—A person 

may not make or submit any false record, 

account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land. 

(c) PENALTIES.—A person who knowingly 

violates or counsels, procures, solicits, or 

employs another person to violate subsection 

(a) or (b) shall, upon conviction, be fined in 

accordance with title 18, United States Code, 

or imprisoned not more than 5 years, or 

both; but if the sum of the commercial and 

paleontological value of the paleontological 

resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, 

or imprisoned not more than 2 years, or 

both. 

(d) MULTIPLE OFFENSES.—In the case of a 

second or subsequent violation by the same 

person, the amount of the penalty assessed 

under subsection (c) may be doubled. 

(e) GENERAL EXCEPTION.—Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which 

was in the lawful possession of such person 

prior to the date of enactment of this Act. 

SEC. 6307. CIVIL PENALTIES. 

(a) IN GENERAL.— 

(1) HEARING.—A person who violates any 

prohibition contained in an applicable regulation or permit issued under this subtitle 

may be assessed a penalty by the Secretary 

after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a 

separate offense for purposes of this section. 

(2) AMOUNT OF PENALTY.—The amount of 

such penalty assessed under paragraph (1) 

shall be determined under regulations promulgated pursuant to this subtitle, taking 

into account the following factors: 

(A) The scientific or fair market value, 

whichever is greater, of the paleontological 

resource involved, as determined by the Secretary. 

(B) The cost of response, restoration, and 

repair of the resource and the paleontological site involved. 

(C) Any other factors considered relevant 

by the Secretary assessing the penalty. 

(3) MULTIPLE OFFENSES.—In the case of a 

second or subsequent violation by the same 

person, the amount of a penalty assessed 

under paragraph (2) may be doubled. 

(4) LIMITATION.—The amount of any penalty assessed under this subsection for any 1 

violation shall not exceed an amount equal 

to double the cost of response, restoration, 

and repair of resources and paleontological 

site damage plus double the scientific or fair 

market value of resources destroyed or not 

recovered. 

(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID ASSESSMENTS.— 

(1) JUDICIAL REVIEW.—Any person against 

whom an order is issued assessing a penalty 

under subsection (a) may file a petition for 

judicial review of the order in the United 

States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 

30-day period beginning on the date the order 

making the assessment was issued. Upon notice of such filing, the Secretary shall 

promptly file such a certified copy of the 

record on which the order was issued. The 

court shall hear the action on the record 

made before the Secretary and shall sustain 

the action if it is supported by substantial 

evidence on the record considered as a whole. 

(2) FAILURE TO PAY.—If any person fails to 

pay a penalty under this section within 30 

days— 

(A) after the order making assessment has 

become final and the person has not filed a 

petition for judicial review of the order in 

accordance with paragraph (1); or 

(B) after a court in an action brought in 

paragraph (1) has entered a final judgment 

upholding the assessment of the penalty, the 

Secretary may request the Attorney General 

to institute a civil action in a district court 

of the United States for any district in which 

the person if found, resides, or transacts 

business, to collect the penalty (plus interest 

at currently prevailing rates from the date 

of the final order or the date of the final 

judgment, as the case may be). The district 

court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such 

penalty shall not be subject to review. Any 

person who fails to pay on a timely basis the 

amount of an assessment of a civil penalty 

as described in the first sentence of this 

paragraph shall be required to pay, in addition to such amount and interest, attorneys 

fees and costs for collection proceedings. 

(c) HEARINGS.—Hearings held during proceedings instituted under subsection (a) shall 

be conducted in accordance with section 554 

of title 5, United States Code. 

(d) USE OF RECOVERED AMOUNTS.—Penalties collected under this section shall be 

available to the Secretary and without further appropriation may be used only as follows: 

(1) To protect, restore, or repair the paleontological resources and sites which were 

the subject of the action, or to acquire sites 

with equivalent resources, and to protect, 

monitor, and study the resources and sites. 

Any acquisition shall be subject to any limitations contained in the organic legislation 

for such Federal land. 

(2) To provide educational materials to the 

public about paleontological resources and 

sites. 

(3) To provide for the payment of rewards 

as provided in section 6308. 

SEC. 6308. REWARDS AND FORFEITURE. 

(a) REWARDS.—The Secretary may pay 

from penalties collected under section 6306 or 

6307 or from appropriated funds— 

(1) consistent with amounts established in 

regulations by the Secretary; or 

(2) if no such regulation exists, an amount 

up to 1⁄2 of the penalties, to any person who 


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furnishes information which leads to the 

finding of a civil violation, or the conviction 

of criminal violation, with respect to which 

the penalty was paid. If several persons provided the information, the amount shall be 

divided among the persons. No officer or employee of the United States or of any State 

or local government who furnishes information or renders service in the performance of 

his official duties shall be eligible for payment under this subsection. 

(b) FORFEITURE.—All paleontological resources with respect to which a violation 

under section 6306 or 6307 occurred and which 

are in the possession of any person, and all 

vehicles and equipment of any person that 

were used in connection with the violation, 

shall be subject to civil forfeiture, or upon 

conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a 

violation of this subtitle, the disposition of 

such property or the proceeds from the sale 

thereof, and remission or mitigation of such 

forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States 

Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred 

under the provisions of this subtitle. 

(c) TRANSFER OF SEIZED RESOURCES.—The 

Secretary may transfer administration of 

seized paleontological resources to Federal 

or non-Federal educational institutions to be 

used for scientific or educational purposes. 

SEC. 6309. CONFIDENTIALITY. 

Information concerning the nature and 

specific location of a paleontological resource shall be exempt from disclosure under 

section 552 of title 5, United States Code, and 

any other law unless the Secretary determines that disclosure would— 

(1) further the purposes of this subtitle; 

(2) not create risk of harm to or theft or 

destruction of the resource or the site containing the resource; and 

(3) be in accordance with other applicable 

laws. 

SEC. 6310. REGULATIONS. 

As soon as practical after the date of enactment of this Act, the Secretary shall 

issue such regulations as are appropriate to 

carry out this subtitle, providing opportunities for public notice and comment. 

SEC. 6311. SAVINGS PROVISIONS. 

Nothing in this subtitle shall be construed 

to— 

(1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any 

time under the general mining laws, the 

mineral or geothermal leasing laws, laws 

providing for minerals materials disposal, or 

laws providing for the management or regulation of the activities authorized by the 

aforementioned laws including but not limited to the Federal Land Policy Management 

Act (43 U.S.C. 1701–1784), Public Law 94–429 

(commonly known as the ‘‘Mining in the 

Parks Act’’) (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 

1977 (30 U.S.C. 1201–1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); 

(2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any 

time under existing laws and authorities relating to reclamation and multiple uses of 

Federal land; 

(3) apply to, or require a permit for, casual 

collecting of a rock, mineral, or invertebrate 

or plant fossil that is not protected under 

this subtitle; 

(4) affect any land other than Federal land 

or affect the lawful recovery, collection, or 

sale of paleontological resources from land 

other than Federal land; 

(5) alter or diminish the authority of a 

Federal agency under any other law to provide protection for paleontological resources 

on Federal land in addition to the protection 

provided under this subtitle; or 

(6) create any right, privilege, benefit, or 

entitlement for any person who is not an officer or employee of the United States acting 

in that capacity. No person who is not an officer or employee of the United States acting 

in that capacity shall have standing to file 

any civil action in a court of the United 

States to enforce any provision or amendment made by this subtitle. 

SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as may be necessary to carry out 

this subtitle. 

Subtitle E—Izembek National Wildlife Refuge 

Land Exchange 

SEC. 6401. DEFINITIONS. 

In this subtitle: 

(1) CORPORATION.—The term ‘‘Corporation’’ 

means the King Cove Corporation. 

(2) FEDERAL LAND.—The term ‘‘Federal 

land’’ means— 

(A) the approximately 206 acres of Federal 

land located within the Refuge, as generally 

depicted on the map; and 

(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. 

(3) MAP.—The term ‘‘map’’ means each of— 

(A) the map entitled ‘‘Izembek and Alaska 

Peninsula National Wildlife Refuges’’ and 

dated September 2, 2008; and 

(B) the map entitled ‘‘Sitkinak Island– 

Alaska Maritime National Wildlife Refuge’’ 

and dated September 2, 2008. 

(4) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means— 

(A) the approximately 43,093 acres of land 

owned by the State, as generally depicted on 

the map; and 

(B) the approximately 13,300 acres of land 

owned by the Corporation (including approximately 5,430 acres of land for which the 

Corporation shall relinquish the selection 

rights of the Corporation under the Alaska 

Native Claims Settlement Act (43 U.S.C. 1601 

et seq.) as part of the land exchange under 

section 6402(a)), as generally depicted on the 

map. 

(5) REFUGE.—The term ‘‘Refuge’’ means the 

Izembek National Wildlife Refuge. 

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

means the Secretary of the Interior. 

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

State of Alaska. 

(8) TRIBE.—The term ‘‘Tribe’’ means the 

Agdaagux Tribe of King Cove, Alaska. 

SEC. 6402. LAND EXCHANGE. 

(a) IN GENERAL.—Upon receipt of notification by the State and the Corporation of the 

intention of the State and the Corporation 

to exchange the non-Federal land for the 

Federal land, subject to the conditions and 

requirements described in this subtitle, the 

Secretary may convey to the State all right, 

title, and interest of the United States in 

and to the Federal land. The Federal land 

within the Refuge shall be transferred for 

the purpose of constructing a single-lane 

gravel road between the communities of 

King Cove and Cold Bay, Alaska. 

(b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 AND OTHER APPLICABLE LAWS.— 

(1) IN GENERAL.—In determining whether to 

carry out the land exchange under subsection (a), the Secretary shall— 

(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.); and 

(B) except as provided in subsection (c), 

comply with any other applicable law (including regulations). 

(2) ENVIRONMENTAL IMPACT STATEMENT.— 

(A) IN GENERAL.—Not later than 60 days 

after the date on which the Secretary receives notification under subsection (a), the 

Secretary shall initiate the preparation of an 

environmental impact statement required 

under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.). 

(B) REQUIREMENTS.—The environmental 

impact statement prepared under subparagraph (A) shall contain— 

(i) an analysis of— 

(I) the proposed land exchange; and 

(II) the potential construction and operation of a road between the communities of 

King Cove and Cold Bay, Alaska; and 

(ii) an evaluation of a specific road corridor through the Refuge that is identified in 

consultation with the State, the City of King 

Cove, Alaska, and the Tribe. 

(3) COOPERATING AGENCIES.— 

(A) IN GENERAL.—During the preparation of 

the environmental impact statement under 

paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency. 

(B) AUTHORIZED ENTITIES.—An authorized 

entity may include— 

(i) any Federal agency that has permitting 

jurisdiction over the road described in paragraph (2)(B)(i)(II); 

(ii) the State; 

(iii) the Aleutians East Borough of the 

State; 

(iv) the City of King Cove, Alaska; 

(v) the Tribe; and 

(vi) the Alaska Migratory Bird Co-Management Council. 

(c) VALUATION.—The conveyance of the 

Federal land and non-Federal land under this 

section shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, 

or equalization of land. 

(d) PUBLIC INTEREST DETERMINATION.— 

(1) CONDITIONS FOR LAND EXCHANGE.—Subject to paragraph (2), to carry out the land 

exchange under subsection (a), the Secretary 

shall determine that the land exchange (including the construction of a road between 

the City of King Cove, Alaska, and the Cold 

Bay Airport) is in the public interest. 

(2) LIMITATION OF AUTHORITY OF SECRETARY.—The Secretary may not, as a condition for a finding that the land exchange is 

in the public interest— 

(A) require the State or the Corporation to 

convey additional land to the United States; 

or 

(B) impose any restriction on the subsistence uses (as defined in section 803 of the 

Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by 

rural residents of the State. 

(e) KINZAROFF LAGOON.—The land exchange 

under subsection (a) shall not be carried out 

before the date on which the parcel of land 

owned by the State that is located in the 

Kinzaroff Lagoon has been designated by the 

State as a State refuge, in accordance with 

the applicable laws (including regulations) of 

the State. 

(f) DESIGNATION OF ROAD CORRIDOR.—In 

designating the road corridor described in 

subsection (b)(2)(B)(ii), the Secretary shall— 

(1) minimize the adverse impact of the 

road corridor on the Refuge; 

(2) transfer the minimum acreage of Federal land that is required for the construction of the road corridor; and 

(3) to the maximum extent practicable, incorporate into the road corridor roads that 

are in existence as of the date of enactment 

of this Act. 

(g) ADDITIONAL TERMS AND CONDITIONS.— 

The land exchange under subsection (a) shall 

be subject to any other term or condition 

that the Secretary determines to be necessary. 


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SEC. 6403. KING COVE ROAD. 

(a) REQUIREMENTS RELATING TO USE, BARRIER CABLES, AND DIMENSIONS.— 

(1) LIMITATIONS ON USE.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), any portion of the road 

constructed on the Federal land conveyed 

pursuant to this subtitle shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. 

(B) EXCEPTIONS.—Notwithstanding subparagraph (A), the use of taxis, commercial 

vans for public transportation, and shared 

rides (other than organized transportation of 

employees to a business or other commercial 

facility) shall be allowed on the road described in subparagraph (A). 

(C) REQUIREMENT OF AGREEMENT.—The limitations of the use of the road described in 

this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State. 

(2) REQUIREMENT OF BARRIER CABLE.—The 

road described in paragraph (1)(A) shall be 

constructed to include a cable barrier on 

each side of the road, as described in the 

record of decision entitled ‘‘Mitigation Measure MM–11, King Cove Access Project Final 

Environmental Impact Statement Record of 

Decision’’ and dated January 22, 2004, unless 

a different type barrier is required as a mitigation measure in the Record of Decision for 

Final Environmental Impact Statement required in section 6402(b)(2). 

(3) REQUIRED DIMENSIONS AND DESIGN FEATURES.—The road described in paragraph 

(1)(A) shall— 

(A) have a width of not greater than a single lane, in accordance with the applicable 

road standards of the State; 

(B) be constructed with gravel; 

(C) be constructed to comply with any specific design features identified in the Record 

of Decision for Final Environmental Impact 

Statement required in section 6402(b)(2) as 

Mitigation Measures relative to the passage 

and migration of wildlife, and also the exchange of tidal flows, where applicable, in 

accordance with applicable Federal and 

State design standards; and 

(D) if determined to be necessary, be constructed to include appropriate safety pullouts. 

(b) SUPPORT FACILITIES.—Support facilities 

for the road described in subsection (a)(1)(A) 

shall not be located within the Refuge. 

(c) FEDERAL PERMITS.—It is the intent of 

Congress that any Federal permit required 

for construction of the road be issued or denied not later than 1 year after the date of 

application for the permit. 

(d) APPLICABLE LAW.—Nothing in this section amends, or modifies the application of, 

section 1110 of the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3170). 

(e) MITIGATION PLAN.— 

(1) IN GENERAL.—Based on the evaluation of 

impacts determined through the completion 

of the environmental impact statement 

under section 6402(b)(2), the Secretary, in 

consultation with the entities described in 

section 6402(b)(3)(B), shall develop an enforceable mitigation plan. 

(2) CORRECTIVE MODIFICATIONS.—The Secretary may make corrective modifications to 

the mitigation plan developed under paragraph (1) if— 

(A) the mitigation standards required 

under the mitigation plan are maintained; 

and 

(B) the Secretary provides an opportunity 

for public comment with respect to any proposed corrective modification. 

(3) AVOIDANCE OF WILDLIFE IMPACTS.—Road 

construction shall adhere to any specific 

mitigation measures included in the Record 

of Decision for Final Environmental Impact 

Statement required in section 6402(b)(2) 

that— 

(A) identify critical periods during the calendar year when the refuge is utilized by 

wildlife, especially migratory birds; and 

(B) include specific mandatory strategies 

to alter, limit or halt construction activities 

during identified high risk periods in order 

to minimize impacts to wildlife, and 

(C) allow for the timely construction of the 

road. 

(4) MITIGATION OF WETLAND LOSS.—The plan 

developed under this subsection shall comply 

with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard 

to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of 

wetlands, especially intertidal wetlands, and 

shall evaluate mitigating effect of those wetlands transferred in Federal ownership under 

the provisions of this subtitle. 

SEC. 6404. ADMINISTRATION OF CONVEYED 

LANDS. 

(1) FEDERAL LAND.—Upon completion of the 

land exchange under section 6402(a)— 

(A) the boundary of the land designated as 

wilderness within the Refuge shall be modified to exclude the Federal land conveyed to 

the State under the land exchange; and 

(B) the Federal land located on Sitkinak 

Island that is withdrawn for use by the Coast 

Guard shall, at the request of the State, be 

transferred by the Secretary to the State 

upon the relinquishment or termination of 

the withdrawal. 

(2) NON-FEDERAL LAND.—Upon completion 

of the land exchange under section 6402(a), 

the non-Federal land conveyed to the United 

States under this subtitle shall be— 

(A) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and 

(B) administered in accordance with the 

laws generally applicable to units of the National Wildlife Refuge System. 

(3) WILDERNESS ADDITIONS.— 

(A) IN GENERAL.—Upon completion of the 

land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to— 

(i) the Izembek National Wildlife Refuge 

Wilderness; or 

(ii) the Alaska Peninsula National Wildlife 

Refuge Wilderness. 

(B) ADMINISTRATION.—The land added as 

wilderness under subparagraph (A) shall be 

administered by the Secretary in accordance 

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

seq.) and other applicable laws (including 

regulations). 

SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. 

(a) NOTIFICATION TO VOID LAND EXCHANGE.—If the Secretary, the State, and the 

Corporation enter into the land exchange authorized under section 6402(a), the State or 

the Corporation may notify the Secretary in 

writing of the intention of the State or Corporation to void the exchange if construction 

of the road through the Refuge has not 

begun. 

(b) DISPOSITION OF LAND EXCHANGE.—Upon 

the latter of the date on which the Secretary 

receives a request under subsection (a), and 

the date on which the Secretary determines 

that the Federal land conveyed under the 

land exchange under section 6402(a) has not 

been adversely impacted (other than any 

nominal impact associated with the preparation of an environmental impact statement 

under section 6402(b)(2)), the land exchange 

shall be null and void. 

(c) RETURN OF PRIOR OWNERSHIP STATUS OF

FEDERAL AND NON-FEDERAL LAND.—If the 

land exchange is voided under subsection 

(b)— 

(1) the Federal land and non-Federal land 

shall be returned to the respective ownership 

status of each land prior to the land exchange; 

(2) the parcel of the Federal land that is located in the Refuge shall be managed as part 

of the Izembek National Wildlife Refuge Wilderness; and 

(3) each selection of the Corporation under 

the Alaska Native Claims Settlement Act (43 

U.S.C. 1601 et seq.) that was relinquished 

under this subtitle shall be reinstated. 

SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. 

(a) IN GENERAL.—Any legislative authority 

for construction of a road shall expire at the 

end of the 7-year period beginning on the 

date of the enactment of this subtitle unless 

a construction permit has been issued during 

that period. 

(b) EXTENSION OF AUTHORITY.—If a construction permit is issued within the allotted 

period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. 

(c) EXTENSION OF AUTHORITY AS RESULT OF

LEGAL CHALLENGES.— 

(1) IN GENERAL.—Prior to the issuance of a 

construction permit, if a lawsuit or administrative appeal is filed challenging the land 

exchange or construction of the road (including a challenge to the NEPA process, decisions, or any required permit process required to complete construction of the road), 

the 7-year deadline or the five-year extension period, as appropriate, shall be extended 

for a time period equivalent to the time consumed by the full adjudication of the legal 

challenge or related administrative process. 

(2) INJUNCTION.—After a construction permit has been issued, if a court issues an injunction against construction of the road, 

the 7-year deadline or 5-year extension, as 

appropriate, shall be extended for a time period equivalent to time period that the injunction is in effect. 

(d) APPLICABILITY OF SECTION 6405.—Upon 

the expiration of the legislative authority 

under this section, if a road has not been 

constructed, the land exchange shall be null 

and void and the land ownership shall revert 

to the respective ownership status prior to 

the land exchange as provided in section 

6405. 

Subtitle F—Wolf Livestock Loss 

Demonstration Project 

SEC. 6501. DEFINITIONS. 

In this subtitle: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

has the meaning given the term in section 4 

of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(2) LIVESTOCK.—The term ‘‘livestock’’ 

means cattle, swine, horses, mules, sheep, 

goats, livestock guard animals, and other domestic animals, as determined by the Secretary. 

(3) PROGRAM.—The term ‘‘program’’ means 

the demonstration program established 

under section 6502(a). 

(4) SECRETARIES.—The term ‘‘Secretaries’’ 

means the Secretary of the Interior and the 

Secretary of Agriculture, acting jointly. 

SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM. 

(a) IN GENERAL.—The Secretaries shall establish a 5-year demonstration program to 

provide grants to States and Indian tribes— 

(1) to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; and 

(2) to compensate livestock producers for 

livestock losses due to such predation. 

(b) CRITERIA AND REQUIREMENTS.—The Secretaries shall— 

(1) establish criteria and requirements to 

implement the program; and 


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(2) when promulgating regulations to implement the program under paragraph (1), 

consult with States that have implemented 

State programs that provide assistance to— 

(A) livestock producers to undertake 

proactive activities to reduce the risk of 

livestock loss due to predation by wolves; or 

(B) provide compensation to livestock producers for livestock losses due to such predation. 

(c) ELIGIBILITY.—To be eligible to receive a 

grant under subsection (a), a State or Indian 

tribe shall— 

(1) designate an appropriate agency of the 

State or Indian tribe to administer the 1 or 

more programs funded by the grant; 

(2) establish 1 or more accounts to receive 

grant funds; 

(3) maintain files of all claims received 

under programs funded by the grant, including supporting documentation; 

(4) submit to the Secretary— 

(A) annual reports that include— 

(i) a summary of claims and expenditures 

under the program during the year; and 

(ii) a description of any action taken on 

the claims; and 

(B) such other reports as the Secretary 

may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and 

(5) promulgate rules for reimbursing livestock producers under the program. 

(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate funding made available 

to carry out this subtitle— 

(1) equally between the uses identified in 

paragraphs (1) and (2) of subsection (a); and 

(2) among States and Indian tribes based 

on— 

(A) the level of livestock predation in the 

State or on the land owned by, or held in 

trust for the benefit of, the Indian tribe; 

(B) whether the State or Indian tribe is located in a geographical area that is at high 

risk for livestock predation; or 

(C) any other factors that the Secretaries 

determine are appropriate. 

(e) ELIGIBLE LAND.—Activities and losses 

described in subsection (a) may occur on 

Federal, State, or private land, or land 

owned by, or held in trust for the benefit of, 

an Indian tribe. 

(f) FEDERAL COST SHARE.—The Federal 

share of the cost of any activity provided assistance made available under this subtitle 

shall not exceed 50 percent of the total cost 

of the activity. 

SEC. 6503. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to 

carry out this subtitle $1,000,000 for fiscal 

year 2009 and each fiscal year thereafter. 

TITLE VII—NATIONAL PARK SERVICE 

AUTHORIZATIONS 

Subtitle A—Additions to the National Park 

System 

SEC. 7001. PATERSON GREAT FALLS NATIONAL 

HISTORICAL PARK, NEW JERSEY. 

(a) DEFINITIONS.—In this section: 

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

of Paterson, New Jersey. 

(2) COMMISSION.—The term ‘‘Commission’’ 

means the Paterson Great Falls National 

Historical Park Advisory Commission established by subsection (e)(1). 

(3) HISTORIC DISTRICT.—The term ‘‘Historic 

District’’ means the Great Falls Historic 

District in the State. 

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Park developed under subsection (d). 

(5) MAP.—The term ‘‘Map’’ means the map 

entitled ‘‘Paterson Great Falls National Historical Park–Proposed Boundary’’, numbered 

T03/80,001, and dated May 2008. 

(6) PARK.—The term ‘‘Park’’ means the 

Paterson Great Falls National Historical 

Park established by subsection (b)(1)(A). 

(7) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of New Jersey. 

(b) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.— 

(1) ESTABLISHMENT.— 

(A) IN GENERAL.—Subject to subparagraph 

(B), there is established in the State a unit 

of the National Park System to be known as 

the ‘‘Paterson Great Falls National Historical Park’’. 

(B) CONDITIONS FOR ESTABLISHMENT.—The 

Park shall not be established until the date 

on which the Secretary determines that— 

(i)(I) the Secretary has acquired sufficient 

land or an interest in land within the boundary of the Park to constitute a manageable 

unit; or 

(II) the State or City, as appropriate, has 

entered into a written agreement with the 

Secretary to donate— 

(aa) the Great Falls State Park, including 

facilities for Park administration and visitor 

services; or 

(bb) any portion of the Great Falls State 

Park agreed to between the Secretary and 

the State or City; and 

(ii) the Secretary has entered into a written agreement with the State, City, or other 

public entity, as appropriate, providing 

that— 

(I) land owned by the State, City, or other 

public entity within the Historic District 

will be managed consistent with this section; 

and 

(II) future uses of land within the Historic 

District will be compatible with the designation of the Park. 

(2) PURPOSE.—The purpose of the Park is to 

preserve and interpret for the benefit of 

present and future generations certain historical, cultural, and natural resources associated with the Historic District. 

(3) BOUNDARIES.—The Park shall include 

the following sites, as generally depicted on 

the Map: 

(A) The upper, middle, and lower raceways. 

(B) Mary Ellen Kramer (Great Falls) Park 

and adjacent land owned by the City. 

(C) A portion of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures 

Gatehouse. 

(D) Overlook Park and adjacent land, including the Society for Establishing Useful 

Manufactures Hydroelectric Plant and Administration Building. 

(E) The Allied Textile Printing site, including the Colt Gun Mill ruins, Mallory 

Mill ruins, Waverly Mill ruins, and Todd Mill 

ruins. 

(F) The Rogers Locomotive Company 

Erecting Shop, including the Paterson Museum. 

(G) The Great Falls Visitor Center. 

(4) AVAILABILITY OF MAP.—The Map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service. 

(5) PUBLICATION OF NOTICE.—Not later than 

60 days after the date on which the conditions in clauses (i) and (ii) of paragraph 

(1)(B) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the Park, including an official boundary map for the Park. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the Park in accordance with— 

(A) this section; and 

(B) the laws generally applicable to units 

of the National Park System, including— 

(i) the National Park Service Organic Act 

(16 U.S.C. 1 et seq.); and 

(ii) the Act of August 21, 1935 (16 U.S.C. 461 

et seq.). 

(2) STATE AND LOCAL JURISDICTION.—Nothing in this section enlarges, diminishes, or 

modifies any authority of the State, or any 

political subdivision of the State (including 

the City)— 

(A) to exercise civil and criminal jurisdiction; or 

(B) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the Park. 

(3) COOPERATIVE AGREEMENTS.— 

(A) IN GENERAL.—As the Secretary determines to be appropriate to carry out this 

section, the Secretary may enter into cooperative agreements with the owner of the 

Great Falls Visitor Center or any nationally 

significant properties within the boundary of 

the Park under which the Secretary may 

identify, interpret, restore, and provide technical assistance for the preservation of the 

properties. 

(B) RIGHT OF ACCESS.—A cooperative agreement entered into under subparagraph (A) 

shall provide that the Secretary, acting 

through the Director of the National Park 

Service, shall have the right of access at all 

reasonable times to all public portions of the 

property covered by the agreement for the 

purposes of— 

(i) conducting visitors through the properties; and 

(ii) interpreting the properties for the public. 

(C) CHANGES OR ALTERATIONS.—No changes 

or alterations shall be made to any properties covered by a cooperative agreement 

entered into under subparagraph (A) unless 

the Secretary and the other party to the 

agreement agree to the changes or alterations. 

(D) CONVERSION, USE, OR DISPOSAL.—Any 

payment made by the Secretary under this 

paragraph shall be subject to an agreement 

that the conversion, use, or disposal of a 

project for purposes contrary to the purposes 

of this section, as determined by the Secretary, shall entitle the United States to reimbursement in amount equal to the greater 

of— 

(i) the amounts made available to the 

project by the United States; or 

(ii) the portion of the increased value of 

the project attributable to the amounts 

made available under this paragraph, as determined at the time of the conversion, use, 

or, disposal. 

(E) MATCHING FUNDS.— 

(i) IN GENERAL.—As a condition of the receipt of funds under this paragraph, the Secretary shall require that any Federal funds 

made available under a cooperative agreement shall be matched on a 1-to-1 basis by 

non-Federal funds. 

(ii) FORM.—With the approval of the Secretary, the non-Federal share required under 

clause (i) may be in the form of donated 

property, goods, or services from a non-Federal source. 

(4) ACQUISITION OF LAND.— 

(A) IN GENERAL.—The Secretary may acquire land or interests in land within the 

boundary of the Park by donation, purchase 

from a willing seller with donated or appropriated funds, or exchange. 

(B) DONATION OF STATE OWNED LAND.—Land 

or interests in land owned by the State or 

any political subdivision of the State may 

only be acquired by donation. 

(5) TECHNICAL ASSISTANCE AND PUBLIC INTERPRETATION.—The Secretary may provide 

technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic 

District. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 fiscal 

years after the date on which funds are made 

available to carry out this subsection, the 


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Secretary, in consultation with the Commission, shall complete a management plan for 

the Park in accordance with— 

(A) section 12(b) of Public Law 91–383 (commonly known as the ‘‘National Park Service 

General Authorities Act’’) (16 U.S.C. 1a–7(b)); 

and 

(B) other applicable laws. 

(2) COST SHARE.—The management plan 

shall include provisions that identify costs 

to be shared by the Federal Government, the 

State, and the City, and other public or private entities or individuals for necessary 

capital improvements to, and maintenance 

and operations of, the Park. 

(3) SUBMISSION TO CONGRESS.—On completion of the management plan, the Secretary 

shall submit the management plan to— 

(A) the Committee on Energy and Natural 

Resources of the Senate; and 

(B) the Committee on Natural Resources of 

the House of Representatives. 

(e) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY COMMISSION.— 

(1) ESTABLISHMENT.—There is established a 

commission to be known as the ‘‘Paterson 

Great Falls National Historical Park Advisory Commission’’. 

(2) DUTIES.—The duties of the Commission 

shall be to advise the Secretary in the development and implementation of the management plan. 

(3) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall 

be composed of 9 members, to be appointed 

by the Secretary, of whom— 

(i) 4 members shall be appointed after consideration of recommendations submitted by 

the Governor of the State; 

(ii) 2 members shall be appointed after consideration of recommendations submitted by 

the City Council of Paterson, New Jersey; 

(iii) 1 member shall be appointed after consideration of recommendations submitted by 

the Board of Chosen Freeholders of Passaic 

County, New Jersey; and 

(iv) 2 members shall have experience with 

national parks and historic preservation. 

(B) INITIAL APPOINTMENTS.—The Secretary 

shall appoint the initial members of the 

Commission not later than the earlier of— 

(i) the date that is 30 days after the date on 

which the Secretary has received all of the 

recommendations for appointments under 

subparagraph (A); or 

(ii) the date that is 30 days after the Park 

is established in accordance with subsection 

(b). 

(4) TERM; VACANCIES.— 

(A) TERM.— 

(i) IN GENERAL.—A member shall be appointed for a term of 3 years. 

(ii) REAPPOINTMENT.—A member may be reappointed for not more than 1 additional 

term. 

(B) VACANCIES.—A vacancy on the Commission shall be filled in the same manner as the 

original appointment was made. 

(5) MEETINGS.—The Commission shall meet 

at the call of— 

(A) the Chairperson; or 

(B) a majority of the members of the Commission. 

(6) QUORUM.—A majority of the Commission shall constitute a quorum. 

(7) CHAIRPERSON AND VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commission shall select a Chairperson and Vice Chairperson 

from among the members of the Commission. 

(B) VICE CHAIRPERSON.—The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. 

(C) TERM.—A member may serve as Chairperson or Vice Chairman for not more than 

1 year in each office. 

(8) COMMISSION PERSONNEL MATTERS.— 

(A) COMPENSATION OF MEMBERS.— 

(i) IN GENERAL.—Members of the Commission shall serve without compensation. 

(ii) TRAVEL EXPENSES.—Members of the 

Commission shall be allowed travel expenses, 

including per diem in lieu of subsistence, at 

rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, 

United States Code, while away from the 

home or regular place of business of the 

member in the performance of the duties of 

the Commission. 

(B) STAFF.— 

(i) IN GENERAL.—The Secretary shall provide the Commission with any staff members 

and technical assistance that the Secretary, 

after consultation with the Commission, determines to be appropriate to enable the 

Commission to carry out the duties of the 

Commission. 

(ii) DETAIL OF EMPLOYEES.—The Secretary 

may accept the services of personnel detailed 

from— 

(I) the State; 

(II) any political subdivision of the State; 

or 

(III) any entity represented on the Commission. 

(9) FACA NONAPPLICABILITY.—Section 14(b) 

of the Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the Commission. 

(10) TERMINATION.—The Commission shall 

terminate 10 years after the date of enactment of this Act. 

(f) STUDY OF HINCHLIFFE STADIUM.— 

(1) IN GENERAL.—Not later than 3 fiscal 

years after the date on which funds are made 

available to carry out this section, the Secretary shall complete a study regarding the 

preservation and interpretation of Hinchliffe 

Stadium, which is listed on the National 

Register of Historic Places. 

(2) INCLUSIONS.—The study shall include an 

assessment of— 

(A) the potential for listing the stadium as 

a National Historic Landmark; and 

(B) options for maintaining the historic integrity of Hinchliffe Stadium. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL HISTORIC 

SITE. 

(a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF HISTORIC SITE.—Should the Secretary of the Interior acquire, by donation 

only from the Clinton Birthplace Foundation, Inc., fee simple, unencumbered title to 

the William Jefferson Clinton Birthplace 

Home site located at 117 South Hervey 

Street, Hope, Arkansas, 71801, and to any 

personal property related to that site, the 

Secretary shall designate the William Jefferson Clinton Birthplace Home site as a National Historic Site and unit of the National 

Park System, to be known as the ‘‘President 

William Jefferson Clinton Birthplace Home 

National Historic Site’’. 

(b) APPLICABILITY OF OTHER LAWS.—The 

Secretary shall administer the President 

William Jefferson Clinton Birthplace Home 

National Historic Site in accordance with 

the laws generally applicable to national historic sites, including the Act entitled ‘‘An 

Act to establish a National Park Service, 

and for other purposes’’, approved August 25, 

1916 (16 U.S.C. 1–4), and the Act entitled ‘‘An 

Act to provide for the preservation of historic American sites, buildings, objects and 

antiquities of national significance, and for 

other purposes’’, approved August 21, 1935 (16 

U.S.C. 461 et seq.). 

SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—If Monroe County or 

Wayne County, Michigan, or other willing 

landowners in either County offer to donate 

to the United States land relating to the 

Battles of the River Raisin on January 18 

and 22, 1813, or the aftermath of the battles, 

the Secretary of the Interior (referred to in 

this section as the ‘‘Secretary’’) shall accept 

the donated land. 

(2) DESIGNATION OF PARK.—On the acquisition of land under paragraph (1) that is of 

sufficient acreage to permit efficient administration, the Secretary shall designate the 

acquired land as a unit of the National Park 

System, to be known as the ‘‘River Raisin 

National Battlefield Park’’ (referred to in 

this section as the ‘‘Park’’). 

(3) LEGAL DESCRIPTION.— 

(A) IN GENERAL.—The Secretary shall prepare a legal description of the land and interests in land designated as the Park by paragraph (2). 

(B) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—A map with the legal description 

shall be on file and available for public inspection in the appropriate offices of the National Park Service. 

(b) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall manage the Park for the purpose of preserving 

and interpreting the Battles of the River 

Raisin in accordance with the National Park 

Service Organic Act (16 U.S.C. 1 et seq.) and 

the Act of August 21, 1935 (16 U.S.C. 461 et 

seq.). 

(2) GENERAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available, the Secretary shall complete a general 

management plan for the Park that, among 

other things, defines the role and responsibility of the Secretary with regard to the interpretation and the preservation of the site. 

(B) CONSULTATION.—The Secretary shall 

consult with and solicit advice and recommendations from State, county, local, and 

civic organizations and leaders, and other interested parties in the preparation of the 

management plan. 

(C) INCLUSIONS.—The plan shall include— 

(i) consideration of opportunities for involvement by and support for the Park by 

State, county, and local governmental entities and nonprofit organizations and other 

interested parties; and 

(ii) steps for the preservation of the resources of the site and the costs associated 

with these efforts. 

(D) SUBMISSION TO CONGRESS.—On the completion of the general management plan, the 

Secretary shall submit a copy of the plan to 

the Committee on Natural Resources of the 

House of Representatives and the Committee 

on Energy and Natural Resources of the Senate. 

(3) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with State, county, local, and civic 

organizations to carry out this section. 

(c) REPORT.—Not later than 3 years after 

the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House a report describing the progress 

made with respect to acquiring real property 

under this section and designating the River 

Raisin National Battlefield Park. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

Subtitle B—Amendments to Existing Units of 

the National Park System 

SEC. 7101. FUNDING FOR KEWEENAW NATIONAL 

HISTORICAL PARK. 

(a) ACQUISITION OF PROPERTY.—Section 4 of 

Public Law 102–543 (16 U.S.C. 410yy–3) is 

amended by striking subsection (d). 


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(b) MATCHING FUNDS.—Section 8(b) of Public Law 102–543 (16 U.S.C. 410yy–7(b)) is 

amended by striking ‘‘$4’’ and inserting ‘‘$1’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

Section 10 of Public Law 102–543 (16 U.S.C. 

410yy–9) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘$25,000,000’’ and inserting 

‘‘$50,000,000’’; and 

(B) by striking ‘‘$3,000,000’’ and inserting 

‘‘$25,000,000’’; and 

(2) in subsection (b), by striking ‘‘$100,000’’ 

and all that follows through ‘‘those duties’’ 

and inserting ‘‘$250,000’’. 

SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR 

FARM NATIONAL HISTORIC SITE. 

Section 4(d) of the Weir Farm National 

Historic Site Establishment Act of 1990 (16 

U.S.C. 461 note) is amended— 

(1) in paragraph (1)(B), by striking ‘‘contiguous to’’ and all that follows and inserting 

‘‘within Fairfield County.’’; 

(2) by amending paragraph (2) to read as 

follows: 

‘‘(2) DEVELOPMENT.— 

‘‘(A) MAINTAINING NATURAL CHARACTER.— 

The Secretary shall keep development of the 

property acquired under paragraph (1) to a 

minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b). 

‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED

PROPERTY.—Nothing in subparagraph (A) 

shall either prevent the Secretary from acquiring property under paragraph (1) that, 

prior to the Secretary’s acquisition, was developed in a manner inconsistent with subparagraph (A), or require the Secretary to 

remediate such previously developed property to reflect the natural character described in subparagraph (A).’’; and 

(3) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘the 

appropriate zoning authority’’ and all that 

follows through ‘‘Wilton, Connecticut,’’ and 

inserting ‘‘the local governmental entity 

that, in accordance with applicable State 

law, has jurisdiction over any property acquired under paragraph (1)(A)’’. 

SEC. 7103. LITTLE RIVER CANYON NATIONAL 

PRESERVE BOUNDARY EXPANSION. 

Section 2 of the Little River Canyon National Preserve Act of 1992 (16 U.S.C. 698q) is 

amended— 

(1) in subsection (b)— 

(A) by striking ‘‘The Preserve’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Preserve’’; and 

(B) by adding at the end the following: 

‘‘(2) BOUNDARY EXPANSION.—The boundary 

of the Preserve is modified to include the 

land depicted on the map entitled ‘Little 

River Canyon National Preserve Proposed 

Boundary’, numbered 152/80,004, and dated 

December 2007.’’; and 

(2) in subsection (c), by striking ‘‘map’’ and 

inserting ‘‘maps’’. 

SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY EXPANSION. 

Section 2 of the Act entitled ‘‘An Act to rename and expand the boundaries of the 

Mound City Group National Monument in 

Ohio’’, approved May 27, 1992 (106 Stat. 185), 

is amended— 

(1) by striking ‘‘and’’ at the end of subsection (a)(3); 

(2) by striking the period at the end of subsection (a)(4) and inserting ‘‘; and’’; 

(3) by adding after subsection (a)(4) the following new paragraph: 

‘‘(5) the map entitled ‘Hopewell Culture 

National Historical Park, Ohio Proposed 

Boundary Adjustment’ numbered 353/80,049 

and dated June, 2006.’’; and 

(4) by adding after subsection (d)(2) the following new paragraph: 

‘‘(3) The Secretary may acquire lands 

added by subsection (a)(5) only from willing 

sellers.’’. 

SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL 

PARK AND PRESERVE BOUNDARY 

ADJUSTMENT. 

(a) IN GENERAL.—Section 901 of the National Parks and Recreation Act of 1978 (16 

U.S.C. 230) is amended in the second sentence 

by striking ‘‘of approximately twenty thousand acres generally depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte 

National Historical Park and Preserve’ numbered 90,000B and dated April 1978,’’ and inserting ‘‘generally depicted on the map entitled ‘Boundary Map, Barataria Preserve 

Unit, Jean Lafitte National Historical Park 

and Preserve’, numbered 467/80100A, and 

dated December 2007,’’. 

(b) ACQUISITION OF LAND.—Section 902 of 

the National Parks and Recreation Act of 

1978 (16 U.S.C. 230a) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) Within the’’ and all 

that follows through the first sentence and 

inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) BARATARIA PRESERVE UNIT.— 

‘‘(A) IN GENERAL.—The Secretary may acquire any land, water, and interests in land 

and water within the Barataria Preserve 

Unit by donation, purchase with donated or 

appropriated funds, transfer from any other 

Federal agency, or exchange. 

‘‘(B) LIMITATIONS.— 

‘‘(i) IN GENERAL.—Any non-Federal land depicted on the map described in section 901 as 

‘Lands Proposed for Addition’ may be acquired by the Secretary only with the consent of the owner of the land. 

‘‘(ii) BOUNDARY ADJUSTMENT.—On the date 

on which the Secretary acquires a parcel of 

land described in clause (i), the boundary of 

the Barataria Preserve Unit shall be adjusted to reflect the acquisition. 

‘‘(iii) EASEMENTS.—To ensure adequate 

hurricane protection of the communities located in the area, any land identified on the 

map described in section 901 that is acquired 

or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. 

‘‘(C) TRANSFER OF ADMINISTRATION JURISDICTION.—Effective on the date of enactment 

of the Omnibus Public Land Management 

Act of 2009, administrative jurisdiction over 

any Federal land within the areas depicted 

on the map described in section 901 as ‘Lands 

Proposed for Addition’ is transferred, without consideration, to the administrative jurisdiction of the National Park Service, to be 

administered as part of the Barataria Preserve Unit.’’; 

(B) in the second sentence, by striking 

‘‘The Secretary may also acquire by any of 

the foregoing methods’’ and inserting the 

following: 

‘‘(2) FRENCH QUARTER.—The Secretary may 

acquire by any of the methods referred to in 

paragraph (1)(A)’’; 

(C) in the third sentence, by striking 

‘‘Lands, waters, and interests therein’’ and 

inserting the following: 

‘‘(3) ACQUISITION OF STATE LAND.—Land, 

water, and interests in land and water’’; and 

(D) in the fourth sentence, by striking ‘‘In 

acquiring’’ and inserting the following: 

‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In 

acquiring’’; 

(2) by striking subsections (b) through (f) 

and inserting the following: 

‘‘(b) RESOURCE PROTECTION.—With respect 

to the land, water, and interests in land and 

water of the Barataria Preserve Unit, the 

Secretary shall preserve and protect— 

‘‘(1) fresh water drainage patterns; 

‘‘(2) vegetative cover; 

‘‘(3) the integrity of ecological and biological systems; and 

‘‘(4) water and air quality. 

‘‘(c) ADJACENT LAND.—With the consent of 

the owner and the parish governing authority, the Secretary may— 

‘‘(1) acquire land, water, and interests in 

land and water, by any of the methods referred to in subsection (a)(1)(A) (including 

use of appropriations from the Land and 

Water Conservation Fund); and 

‘‘(2) revise the boundaries of the Barataria 

Preserve Unit to include adjacent land and 

water.’’; and 

(3) by redesignating subsection (g) as subsection (d). 

(c) DEFINITION OF IMPROVED PROPERTY.— 

Section 903 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended 

in the fifth sentence by inserting ‘‘(or January 1, 2007, for areas added to the park after 

that date)’’ after ‘‘January 1, 1977’’. 

(d) HUNTING, FISHING, AND TRAPPING.—Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended 

in the first sentence by striking ‘‘, except 

that within the core area and on those lands 

acquired by the Secretary pursuant to section 902(c) of this title, he’’ and inserting ‘‘on 

land, and interests in land and water managed by the Secretary, except that the Secretary’’. 

(e) ADMINISTRATION.—Section 906 of the National Parks and Recreation Act of 1978 (16 

U.S.C. 230e) is amended— 

(1) by striking the first sentence; and 

(2) in the second sentence, by striking 

‘‘Pending such establishment and thereafter 

the’’ and inserting ‘‘The’’. 

(f) REFERENCES IN LAW.— 

(1) IN GENERAL.—Any reference in a law (including regulations), map, document, paper, 

or other record of the United States— 

(A) to the Barataria Marsh Unit shall be 

considered to be a reference to the Barataria 

Preserve Unit; or 

(B) to the Jean Lafitte National Historical 

Park shall be considered to be a reference to 

the Jean Lafitte National Historical Park 

and Preserve. 

(2) CONFORMING AMENDMENTS.—Title IX of 

the National Parks and Recreation Act of 

1978 (16 U.S.C. 230 et seq.) is amended— 

(A) by striking ‘‘Barataria Marsh Unit’’ 

each place it appears and inserting 

‘‘Barataria Preserve Unit’’; and 

(B) by striking ‘‘Jean Lafitte National Historical Park’’ each place it appears and inserting ‘‘Jean Lafitte National Historical 

Park and Preserve’’. 

SEC. 7106. MINUTE MAN NATIONAL HISTORICAL 

PARK. 

(a) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Minute Man National Historical 

Park Proposed Boundary’’, numbered 406/ 

81001, and dated July 2007. 

(2) PARK.—The term ‘‘Park’’ means the 

Minute Man National Historical Park in the 

State of Massachusetts. 

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

means the Secretary of the Interior. 

(b) MINUTE MAN NATIONAL HISTORICAL

PARK.— 

(1) BOUNDARY ADJUSTMENT.— 

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

is modified to include the area generally depicted on the map. 

(B) AVAILABILITY OF MAP.—The map shall 

be on file and available for inspection in the 

appropriate offices of the National Park 

Service. 

(2) ACQUISITION OF LAND.—The Secretary 

may acquire the land or an interest in the 

land described in paragraph (1)(A) by— 

(A) purchase from willing sellers with donated or appropriated funds; 


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(B) donation; or 

(C) exchange. 

(3) ADMINISTRATION OF LAND.—The Secretary shall administer the land added to the 

Park under paragraph (1)(A) in accordance 

with applicable laws (including regulations). 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7107. EVERGLADES NATIONAL PARK. 

(a) INCLUSION OF TARPON BASIN PROPERTY.— 

(1) DEFINITIONS.—In this subsection: 

(A) HURRICANE HOLE.—The term ‘‘Hurricane Hole’’ means the natural salt-water 

body of water within the Duesenbury Tracts 

of the eastern parcel of the Tarpon Basin 

boundary adjustment and accessed by 

Duesenbury Creek. 

(B) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Proposed Tarpon Basin Boundary 

Revision’’, numbered 160/80,012, and dated 

May 2008. 

(C) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

(D) TARPON BASIN PROPERTY.—The term 

‘‘Tarpon Basin property’’ means land that— 

(i) is comprised of approximately 600 acres 

of land and water surrounding Hurricane 

Hole, as generally depicted on the map; and 

(ii) is located in South Key Largo. 

(2) BOUNDARY REVISION.— 

(A) IN GENERAL.—The boundary of the Everglades National Park is adjusted to include 

the Tarpon Basin property. 

(B) ACQUISITION AUTHORITY.—The Secretary 

may acquire from willing sellers by donation, purchase with donated or appropriated 

funds, or exchange, land, water, or interests 

in land and water, within the area depicted 

on the map, to be added to Everglades National Park. 

(C) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service. 

(D) ADMINISTRATION.—Land added to Everglades National Park by this section shall be 

administered as part of Everglades National 

Park in accordance with applicable laws (including regulations). 

(3) HURRICANE HOLE.—The Secretary may 

allow use of Hurricane Hole by sailing vessels during emergencies, subject to such 

terms and conditions as the Secretary determines to be necessary. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this subsection. 

(b) LAND EXCHANGES.— 

(1) DEFINITIONS.—In this subsection: 

(A) COMPANY.—The term ‘‘Company’’ 

means Florida Power & Light Company. 

(B) FEDERAL LAND.—The term ‘‘Federal 

Land’’ means the parcels of land that are— 

(i) owned by the United States; 

(ii) administered by the Secretary; 

(iii) located within the National Park; and 

(iv) generally depicted on the map as— 

(I) Tract A, which is adjacent to the 

Tamiami Trail, U.S. Rt. 41; and 

(II) Tract B, which is located on the eastern boundary of the National Park. 

(C) MAP.—The term ‘‘map’’ means the map 

prepared by the National Park Service, entitled ‘‘Proposed Land Exchanges, Everglades 

National Park’’, numbered 160/60411A, and 

dated September 2008. 

(D) NATIONAL PARK.—The term ‘‘National 

Park’’ means the Everglades National Park 

located in the State. 

(E) NON-FEDERAL LAND.—The term ‘‘nonFederal land’’ means the land in the State 

that— 

(i) is owned by the State, the specific area 

and location of which shall be determined by 

the State; or 

(ii)(I) is owned by the Company; 

(II) comprises approximately 320 acres; and 

(III) is located within the East Everglades 

Acquisition Area, as generally depicted on 

the map as ‘‘Tract D’’. 

(F) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Florida and political subdivisions of 

the State, including the South Florida Water 

Management District. 

(2) LAND EXCHANGE WITH STATE.— 

(A) IN GENERAL.—Subject to the provisions 

of this paragraph, if the State offers to convey to the Secretary all right, title, and interest of the State in and to specific parcels 

of non-Federal land, and the offer is acceptable to the Secretary, the Secretary may, 

subject to valid existing rights, accept the 

offer and convey to the State all right, title, 

and interest of the United States in and to 

the Federal land generally depicted on the 

map as ‘‘Tract A’’. 

(B) CONDITIONS.—The land exchange under 

subparagraph (A) shall be subject to such 

terms and conditions as the Secretary may 

require. 

(C) VALUATION.— 

(i) IN GENERAL.—The values of the land involved in the land exchange under subparagraph (A) shall be equal. 

(ii) EQUALIZATION.—If the values of the 

land are not equal, the values may be equalized by donation, payment using donated or 

appropriated funds, or the conveyance of additional parcels of land. 

(D) APPRAISALS.—Before the exchange of 

land under subparagraph (A), appraisals for 

the Federal and non-Federal land shall be 

conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. 

(E) TECHNICAL CORRECTIONS.—Subject to 

the agreement of the State, the Secretary 

may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land 

and minor adjustments to the boundaries of 

the Federal and non-Federal land. 

(F) ADMINISTRATION OF LAND ACQUIRED BY

SECRETARY.—Land acquired by the Secretary 

under subparagraph (A) shall— 

(i) become part of the National Park; and 

(ii) be administered in accordance with the 

laws applicable to the National Park System. 

(3) LAND EXCHANGE WITH COMPANY.— 

(A) IN GENERAL.—Subject to the provisions 

of this paragraph, if the Company offers to 

convey to the Secretary all right, title, and 

interest of the Company in and to the nonFederal land generally depicted on the map 

as ‘‘Tract D’’, and the offer is acceptable to 

the Secretary, the Secretary may, subject to 

valid existing rights, accept the offer and 

convey to the Company all right, title, and 

interest of the United States in and to the 

Federal land generally depicted on the map 

as ‘‘Tract B’’, along with a perpetual easement on a corridor of land contiguous to 

Tract B for the purpose of vegetation management. 

(B) CONDITIONS.—The land exchange under 

subparagraph (A) shall be subject to such 

terms and conditions as the Secretary may 

require. 

(C) VALUATION.— 

(i) IN GENERAL.—The values of the land involved in the land exchange under subparagraph (A) shall be equal unless the non-Federal land is of higher value than the Federal 

land. 

(ii) EQUALIZATION.—If the values of the 

land are not equal, the values may be equalized by donation, payment using donated or 

appropriated funds, or the conveyance of additional parcels of land. 

(D) APPRAISAL.—Before the exchange of 

land under subparagraph (A), appraisals for 

the Federal and non-Federal land shall be 

conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. 

(E) TECHNICAL CORRECTIONS.—Subject to 

the agreement of the Company, the Secretary may make minor corrections to correct technical and clerical errors in the legal 

descriptions of the Federal and non-Federal 

land and minor adjustments to the boundaries of the Federal and non-Federal land. 

(F) ADMINISTRATION OF LAND ACQUIRED BY

SECRETARY.—Land acquired by the Secretary 

under subparagraph (A) shall— 

(i) become part of the National Park; and 

(ii) be administered in accordance with the 

laws applicable to the National Park System. 

(4) MAP.—The map shall be on file and 

available for public inspection in the appropriate offices of the National Park Service. 

(5) BOUNDARY REVISION.—On completion of 

the land exchanges authorized by this subsection, the Secretary shall adjust the 

boundary of the National Park accordingly, 

including removing the land conveyed out of 

Federal ownership. 

SEC. 7108. KALAUPAPA NATIONAL HISTORICAL 

PARK. 

(a) IN GENERAL.—The Secretary of the Interior shall authorize Ka ‘Ohana O 

Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National Historical Park, and their family 

members and friends, to establish a memorial at a suitable location or locations approved by the Secretary at Kalawao or 

Kalaupapa within the boundaries of 

Kalaupapa National Historical Park located 

on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of 

those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 

1969. 

(b) DESIGN.— 

(1) IN GENERAL.—The memorial authorized 

by subsection (a) shall— 

(A) display in an appropriate manner the 

names of the first 5,000 individuals sent to 

the Kalaupapa Peninsula between 1866 and 

1896, most of whom lived at Kalawao; and 

(B) display in an appropriate manner the 

names of the approximately 3,000 individuals 

who arrived at Kalaupapa in the second part 

of its history, when most of the community 

was concentrated on the Kalaupapa side of 

the peninsula. 

(2) APPROVAL.—The location, size, design, 

and inscriptions of the memorial authorized 

by subsection (a) shall be subject to the approval of the Secretary of the Interior. 

(c) FUNDING.—Ka ‘Ohana O Kalaupapa, a 

nonprofit organization, shall be solely responsible for acceptance of contributions for 

and payment of the expenses associated with 

the establishment of the memorial. 

SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL 

RECREATION AREA. 

(a) COOPERATIVE AGREEMENTS.—Section 

1029(d) of the Omnibus Parks and Public 

Lands Management Act of 1996 (16 U.S.C. 

460kkk(d)) is amended by striking paragraph 

(3) and inserting the following: 

‘‘(3) AGREEMENTS.— 

‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In 

this paragraph, the term ‘eligible entity’ 

means— 

‘‘(i) the Commonwealth of Massachusetts; 

‘‘(ii) a political subdivision of the Commonwealth of Massachusetts; or 


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‘‘(iii) any other entity that is a member of 

the Boston Harbor Islands Partnership described in subsection (e)(2). 

‘‘(B) AUTHORITY OF SECRETARY.—Subject to 

subparagraph (C), the Secretary may consult 

with an eligible entity on, and enter into 

with the eligible entity— 

‘‘(i) a cooperative management agreement 

to acquire from, and provide to, the eligible 

entity goods and services for the cooperative 

management of land within the recreation 

area; and 

‘‘(ii) notwithstanding section 6305 of title 

31, United States Code, a cooperative agreement for the construction of recreation area 

facilities on land owned by an eligible entity 

for purposes consistent with the management plan under subsection (f). 

‘‘(C) CONDITIONS.—The Secretary may 

enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines that— 

‘‘(i) appropriations for carrying out the 

purposes of the agreement are available; and 

‘‘(ii) the agreement is in the best interests 

of the United States.’’. 

(b) TECHNICAL AMENDMENTS.— 

(1) MEMBERSHIP.—Section 1029(e)(2)(B) of 

the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 

460kkk(e)(2)(B)) is amended by striking 

‘‘Coast Guard’’ and inserting ‘‘Coast 

Guard.’’. 

(2) DONATIONS.—Section 1029(e)(11) of the 

Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is 

amended by striking ‘‘Nothwithstanding’’ 

and inserting ‘‘Notwithstanding’’. 

SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW JERSEY. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to recognize and pay tribute to Thomas 

Alva Edison and his innovations; and 

(2) to preserve, protect, restore, and enhance the Edison National Historic Site to 

ensure public use and enjoyment of the Site 

as an educational, scientific, and cultural 

center. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the 

Thomas Edison National Historical Park as 

a unit of the National Park System (referred 

to in this section as the ‘‘Historical Park’’). 

(2) BOUNDARIES.—The Historical Park shall 

be comprised of all property owned by the 

United States in the Edison National Historic Site as well as all property authorized 

to be acquired by the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) for inclusion in the Edison National 

Historic Site before the date of the enactment of this Act, as generally depicted on 

the map entitled the ‘‘Thomas Edison National Historical Park’’, numbered 403/80,000, 

and dated April 2008. 

(3) MAP.—The map of the Historical Park 

shall be on file and available for public inspection in the appropriate offices of the National Park Service. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the Historical Park in accordance 

with this section and with the provisions of 

law generally applicable to units of the National Park System, including the Acts entitled ‘‘An Act to establish a National Park 

Service, and for other purposes,’’ approved 

August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et 

seq.) and ‘‘An Act to provide for the preservation of historic American sites, buildings, 

objects, and antiquities of national significance, and for other purposes,’’ approved August 21, 1935 (16 U.S.C. 461 et seq.). 

(2) ACQUISITION OF PROPERTY.— 

(A) REAL PROPERTY.—The Secretary may 

acquire land or interests in land within the 

boundaries of the Historical Park, from willing sellers only, by donation, purchase with 

donated or appropriated funds, or exchange. 

(B) PERSONAL PROPERTY.—The Secretary 

may acquire personal property associated 

with, and appropriate for, interpretation of 

the Historical Park. 

(3) COOPERATIVE AGREEMENTS.—The Secretary may consult and enter into cooperative agreements with interested entities and 

individuals to provide for the preservation, 

development, interpretation, and use of the 

Historical Park. 

(4) REPEAL OF SUPERSEDED LAW.—Public 

Law 87–628 (76 Stat. 428), regarding the establishment and administration of the Edison 

National Historic Site, is repealed. 

(5) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the ‘‘Edison 

National Historic Site’’ shall be deemed to 

be a reference to the ‘‘Thomas Edison National Historical Park’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated such 

sums as may be necessary to carry out this 

section. 

SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK. 

(a) VOTES FOR WOMEN TRAIL.—Title XVI of 

Public Law 96–607 (16 U.S.C. 410ll) is amended 

by adding at the end the following: 

‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) PARK.—The term ‘Park’ means the 

Women’s Rights National Historical Park established by section 1601. 

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

means the Secretary of the Interior, acting 

through the Director of the National Park 

Service. 

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

State of New York. 

‘‘(4) TRAIL.—The term ‘Trail’ means the 

Votes for Women History Trail Route designated under subsection (b). 

‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The 

Secretary, with concurrence of the agency 

having jurisdiction over the relevant roads, 

may designate a vehicular tour route, to be 

known as the ‘Votes for Women History 

Trail Route’, to link properties in the State 

that are historically and thematically associated with the struggle for women’s suffrage 

in the United States. 

‘‘(c) ADMINISTRATION.—The Trail shall be 

administered by the National Park Service 

through the Park. 

‘‘(d) ACTIVITIES.—To facilitate the establishment of the Trail and the dissemination 

of information regarding the Trail, the Secretary shall— 

‘‘(1) produce and disseminate appropriate 

educational materials regarding the Trail, 

such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information; 

‘‘(2) coordinate the management, planning, 

and standards of the Trail in partnership 

with participating properties, other Federal 

agencies, and State and local governments; 

‘‘(3) create and adopt an official, uniform 

symbol or device to mark the Trail; and 

‘‘(4) issue guidelines for the use of the symbol or device adopted under paragraph (3). 

‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject 

to the consent of the owner of the property, 

the Secretary may designate as an official 

stop on the Trail— 

‘‘(1) all units and programs of the Park relating to the struggle for women’s suffrage; 

‘‘(2) other Federal, State, local, and privately owned properties that the Secretary 

determines have a verifiable connection to 

the struggle for women’s suffrage; and 

‘‘(3) other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines 

to be directly related to the struggle for 

women’s suffrage. 

‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.— 

‘‘(1) IN GENERAL.—To facilitate the establishment of the Trail and to ensure effective 

coordination of the Federal and non-Federal 

properties designated as stops along the 

Trail, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical and financial assistance to, other Federal agencies, the State, localities, regional governmental bodies, and private entities. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

the Secretary such sums as are necessary for 

the period of fiscal years 2009 through 2013 to 

provide financial assistance to cooperating 

entities pursuant to agreements or memoranda entered into under paragraph (1).’’. 

(b) NATIONAL WOMEN’S RIGHTS HISTORY

PROJECT NATIONAL REGISTRY.— 

(1) IN GENERAL.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) may make annual grants to State 

historic preservation offices for not more 

than 5 years to assist the State historic preservation offices in surveying, evaluating, and 

nominating to the National Register of Historic Places women’s rights history properties. 

(2) ELIGIBILITY.—In making grants under 

paragraph (1), the Secretary shall give priority to grants relating to properties associated with the multiple facets of the women’s 

rights movement, such as politics, economics, education, religion, and social and family rights. 

(3) UPDATES.—The Secretary shall ensure 

that the National Register travel itinerary 

website entitled ‘‘Places Where Women Made 

History’’ is updated to contain— 

(A) the results of the inventory conducted 

under paragraph (1); and 

(B) any links to websites related to places 

on the inventory. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the cost of any activity carried 

out using any assistance made available 

under this subsection shall be 50 percent. 

(5) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to carry out this subsection 

$1,000,000 for each of fiscal years 2009 through 

2013. 

(c) NATIONAL WOMEN’S RIGHTS HISTORY

PROJECT PARTNERSHIPS NETWORK.— 

(1) GRANTS.—The Secretary may make 

matching grants and give technical assistance for development of a network of governmental and nongovernmental entities (referred to in this subsection as the ‘‘network’’), the purpose of which is to provide 

interpretive and educational program development of national women’s rights history, 

including historic preservation. 

(2) MANAGEMENT OF NETWORK.— 

(A) IN GENERAL.—The Secretary shall, 

through a competitive process, designate a 

nongovernmental managing network to manage the network. 

(B) COORDINATION.—The nongovernmental 

managing entity designated under subparagraph (A) shall work in partnership with the 

Director of the National Park Service and 

State historic preservation offices to coordinate operation of the network. 

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

cost of any activity carried out using any assistance made available under this subsection shall be 50 percent. 

(B) STATE HISTORIC PRESERVATION OFFICES.—Matching grants for historic preservation specific to the network may be made 


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available through State historic preservation offices. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to carry out this subsection 

$1,000,000 for each of fiscal years 2009 through 

2013. 

SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. 

(a) DEFINITIONS.—In this section: 

(1) HISTORIC SITE.—The term ‘‘historic 

site’’ means the Martin Van Buren National 

Historic Site in the State of New York established by Public Law 93–486 (16 U.S.C. 461 

note) on October 26, 1974. 

(2) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Boundary Map, Martin Van Buren 

National Historic Site’’, numbered ‘‘460/ 

80801’’, and dated January 2005. 

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

means the Secretary of the Interior. 

(b) BOUNDARY ADJUSTMENTS TO THE HISTORIC SITE.— 

(1) BOUNDARY ADJUSTMENT.—The boundary 

of the historic site is adjusted to include approximately 261 acres of land identified as 

the ‘‘PROPOSED PARK BOUNDARY’’, as 

generally depicted on the map. 

(2) ACQUISITION AUTHORITY.—The Secretary 

may acquire the land and any interests in 

the land described in paragraph (1) from willing sellers by donation, purchase with donated or appropriated funds, or exchange. 

(3) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service. 

(4) ADMINISTRATION.—Land acquired for the 

historic site under this section shall be administered as part of the historic site in accordance with applicable law (including regulations). 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL 

HISTORICAL PARK. 

(a) DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.— 

(1) IN GENERAL.—The Palo Alto Battlefield 

National Historic Site shall be known and 

designated as the ‘‘Palo Alto Battlefield National Historical Park’’. 

(2) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the historic 

site referred to in subsection (a) shall be 

deemed to be a reference to the Palo Alto 

Battlefield National Historical Park. 

(3) CONFORMING AMENDMENTS.—The Palo 

Alto Battlefield National Historic Site Act 

of 1991 (16 U.S.C. 461 note; Public Law 102– 

304) is amended— 

(A) by striking ‘‘National Historic Site’’ 

each place it appears and inserting ‘‘National Historical Park’’; 

(B) in the heading for section 3, by striking 

‘‘national historic site’’ and inserting ‘‘national historical park’’; and 

(C) by striking ‘‘historic site’’ each place it 

appears and inserting ‘‘historical park’’. 

(b) BOUNDARY EXPANSION, PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK, 

TEXAS.—Section 3(b) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 

U.S.C. 461 note; Public Law 102–304) (as 

amended by subsection (a)) is amended— 

(1) in paragraph (1), by striking ‘‘(1) The 

historical park’’ and inserting the following: 

‘‘(1) IN GENERAL.—The historical park’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following: 

‘‘(2) ADDITIONAL LAND.— 

‘‘(A) IN GENERAL.—In addition to the land 

described in paragraph (1), the historical 

park shall consist of approximately 34 acres 

of land, as generally depicted on the map entitled ‘Palo Alto Battlefield NHS Proposed 

Boundary Expansion’, numbered 469/80,012, 

and dated May 21, 2008. 

‘‘(B) AVAILABILITY OF MAP.—The map described in subparagraph (A) shall be on file 

and available for public inspection in the appropriate offices of the National Park Service.’’; and 

(4) in paragraph (3) (as redesignated by 

paragraph (2))— 

(A) by striking ‘‘(3) Within’’ and inserting 

the following: 

‘‘(3) LEGAL DESCRIPTION.—Not later than’’; 

and 

(B) in the second sentence, by striking 

‘‘map referred to in paragraph (1)’’ and inserting ‘‘maps referred to in paragraphs (1) 

and (2)’’. 

SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL PARK. 

(a) DESIGNATION.—The Abraham Lincoln 

Birthplace National Historic Site in the 

State of Kentucky shall be known and designated as the ‘‘Abraham Lincoln Birthplace 

National Historical Park’’. 

(b) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the Abraham 

Lincoln Birthplace National Historic Site 

shall be deemed to be a reference to the 

‘‘Abraham Lincoln Birthplace National Historical Park’’. 

SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. 

Section 1106 of the National Parks and 

Recreation Act of 1978 (16 U.S.C. 460m–20) is 

amended in the first sentence by striking 

‘‘may’’ and inserting ‘‘shall’’. 

SEC. 7116. TECHNICAL CORRECTIONS. 

(a) GAYLORD NELSON WILDERNESS.— 

(1) REDESIGNATION.—Section 140 of division 

E of the Consolidated Appropriations Act, 

2005 (16 U.S.C. 1132 note; Public Law 108–447), 

is amended— 

(A) in subsection (a), by striking ‘‘Gaylord 

A. Nelson’’ and inserting ‘‘Gaylord Nelson’’; 

and 

(B) in subsection (c)(4), by striking ‘‘Gaylord A. Nelson Wilderness’’ and inserting 

‘‘Gaylord Nelson Wilderness’’. 

(2) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the ‘‘Gaylord 

A. Nelson Wilderness’’ shall be deemed to be 

a reference to the ‘‘Gaylord Nelson Wilderness’’. 

(b) ARLINGTON HOUSE LAND TRANSFER.— 

Section 2863(h)(1) of Public Law 107–107 (115 

Stat. 1333) is amended by striking ‘‘the 

George Washington Memorial Parkway’’ and 

inserting ‘‘Arlington House, The Robert E. 

Lee Memorial,’’. 

(c) CUMBERLAND ISLAND WILDERNESS.—Section 2(a)(1) of Public Law 97–250 (16 U.S.C. 

1132 note; 96 Stat. 709) is amended by striking 

‘‘numbered 640/20,038I, and dated September 

2004’’ and inserting ‘‘numbered 640/20,038K, 

and dated September 2005’’. 

(d) PETRIFIED FOREST BOUNDARY.—Section 

2(1) of the Petrified Forest National Park 

Expansion Act of 2004 (16 U.S.C. 119 note; 

Public Law 108–430) is amended by striking 

‘‘numbered 110/80,044, and dated July 2004’’ 

and inserting ‘‘numbered 110/80,045, and dated 

January 2005’’. 

(e) COMMEMORATIVE WORKS ACT.—Chapter 

89 of title 40, United States Code, is amended— 

(1) in section 8903(d), by inserting ‘‘Natural’’ before ‘‘Resources’’; 

(2) in section 8904(b), by inserting ‘‘Advisory’’ before ‘‘Commission’’; and 

(3) in section 8908(b)(1)— 

(A) in the first sentence, by inserting ‘‘Advisory’’ before ‘‘Commission’’; and 

(B) in the second sentence, by striking 

‘‘House Administration’’ and inserting ‘‘Natural Resources’’. 

(f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC TRAIL.—Section 5(a)(25)(A) 

of the National Trails System Act (16 U.S.C. 

1244(a)(25)(A)) is amended by striking ‘‘The 

John Smith’’ and inserting ‘‘The Captain 

John Smith’’. 

(g) DELAWARE NATIONAL COASTAL SPECIAL

RESOURCE STUDY.—Section 604 of the Delaware National Coastal Special Resources 

Study Act (Public Law 109–338; 120 Stat. 1856) 

is amended by striking ‘‘under section 605’’. 

(h) USE OF RECREATION FEES.—Section 

808(a)(1)(F) of the Federal Lands Recreation 

Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is 

amended by striking ‘‘section 6(a)’’ and inserting ‘‘section 806(a)’’. 

(i) CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA.—Section 

297F(b)(2)(A) of the Crossroads of the American Revolution National Heritage Area Act 

of 2006 (Public Law 109–338; 120 Stat. 1844) is 

amended by inserting ‘‘duties’’ before ‘‘of 

the’’. 

(j) CUYAHOGA VALLEY NATIONAL PARK.— 

Section 474(12) of the Consolidated Natural 

Resources Act of 2008 (Public Law 1110–229; 

122 Stat. 827) is amended by striking 

‘‘Cayohoga’’ each place it appears and inserting ‘‘Cuyahoga’’. 

(k) PENNSYLVANIA AVENUE NATIONAL HISTORIC SITE.— 

(1) NAME ON MAP.—Section 313(d)(1)(B) of 

the Department of the Interior and Related 

Agencies Appropriations Act, 1996 (Public 

Law 104–134; 110 Stat. 1321–199; 40 U.S.C. 872 

note) is amended by striking ‘‘map entitled 

‘Pennsylvania Avenue National Historic 

Park’, dated June 1, 1995, and numbered 840– 

82441’’ and inserting ‘‘map entitled ‘Pennsylvania Avenue National Historic Site’, dated 

August 25, 2008, and numbered 840–82441B’’. 

(2) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to the Pennsylvania Avenue National Historic Park shall 

be deemed to be a reference to the ‘‘Pennsylvania Avenue National Historic Site’’. 

SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, OHIO. 

(a) ADDITIONAL AREAS INCLUDED IN PARK.— 

Section 101 of the Dayton Aviation Heritage 

Preservation Act of 1992 (16 U.S.C. 410ww, et 

seq.) is amended by adding at the end the following: 

‘‘(c) ADDITIONAL SITES.—In addition to the 

sites described in subsection (b), the park 

shall consist of the following sites, as generally depicted on a map titled ‘Dayton 

Aviation Heritage National Historical Park’, 

numbered 362/80,013 and dated May 2008: 

‘‘(1) Hawthorn Hill, Oakwood, Ohio. 

‘‘(2) The Wright Company factory and associated land and buildings, Dayton, Ohio.’’. 

(b) PROTECTION OF HISTORIC PROPERTIES.— 

Section 102 of the Dayton Aviation Heritage 

Preservation Act of 1992 (16 U.S.C. 410ww–1) 

is amended— 

(1) in subsection (a), by inserting ‘‘Hawthorn Hill, the Wright Company factory,’’ 

after ‘‘, acquire’’; 

(2) in subsection (b), by striking ‘‘Such 

agreements’’ and inserting: 

‘‘(d) CONDITIONS.—Cooperative agreements 

under this section’’; 

(3) by inserting before subsection (d) (as 

added by paragraph 2) the following: 

‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized to enter into a cooperative agreement with a partner or partners, 

including the Wright Family Foundation, to 

operate and provide programming for Hawthorn Hill and charge reasonable fees notwithstanding any other provision of law, 

which may be used to defray the costs of 

park operation and programming.’’; and 

(4) by striking ‘‘Commission’’ and inserting 

‘‘Aviation Heritage Foundation’’. 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S489 

(c) GRANT ASSISTANCE.—The Dayton Aviation Heritage Preservation Act of 1992, is 

amended— 

(1) by redesignating subsection (b) of section 108 as subsection (c); and 

(2) by inserting after subsection (a) of section 108 the following new subsection: 

‘‘(b) GRANT ASSISTANCE.—The Secretary is 

authorized to make grants to the parks’ 

partners, including the Aviation Trail, Inc., 

the Ohio Historical Society, and Dayton History, for projects not requiring Federal involvement other than providing financial assistance, subject to the availability of appropriations in advance identifying the specific 

partner grantee and the specific project. 

Projects funded through these grants shall 

be limited to construction and development 

on non-Federal property within the boundaries of the park. Any project funded by such 

a grant shall support the purposes of the 

park, shall be consistent with the park’s general management plan, and shall enhance 

public use and enjoyment of the park.’’. 

(d) NATIONAL AVIATION HERITAGE AREA.— 

Title V of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; 

Public Law 108–447), is amended— 

(1) in section 503(3), by striking ‘‘104’’ and 

inserting ‘‘504’’; 

(2) in section 503(4), by striking ‘‘106’’ and 

inserting ‘‘506’’; 

(3) in section 504, by striking subsection 

(b)(2) and by redesignating subsection (b)(3) 

as subsection (b)(2); and 

(4) in section 505(b)(1), by striking ‘‘106’’ 

and inserting ‘‘506’’. 

SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. 

Public Law 87–213 (16 U.S.C. 461 note) is 

amended as follows: 

(1) In the first section— 

(A) by striking ‘‘the Secretary of the Interior’’ and inserting ‘‘(a) The Secretary of the 

Interior’’; 

(B) by striking ‘‘476 acres’’ and inserting 

‘‘646 acres’’; and 

(C) by adding at the end the following: 

‘‘(b) The Secretary may acquire from willing sellers land comprising approximately 55 

acres, as depicted on the map titled ‘Fort 

Davis Proposed Boundary Expansion’, numbered 418/80,045, and dated April 2008. The 

map shall be on file and available for public 

inspection in the appropriate offices of the 

National Park Service. Upon acquisition of 

the land, the land shall be incorporated into 

the Fort Davis National Historic Site.’’. 

(2) By repealing section 3. 

Subtitle C—Special Resource Studies 

SEC. 7201. WALNUT CANYON STUDY. 

(a) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Walnut Canyon Proposed Study 

Area’’ and dated July 17, 2007. 

(2) SECRETARIES.—The term ‘‘Secretaries’’ 

means the Secretary of the Interior and the 

Secretary of Agriculture, acting jointly. 

(3) STUDY AREA.—The term ‘‘study area’’ 

means the area identified on the map as the 

‘‘Walnut Canyon Proposed Study Area’’. 

(b) STUDY.— 

(1) IN GENERAL.—The Secretaries shall conduct a study of the study area to assess— 

(A) the suitability and feasibility of designating all or part of the study area as an addition to Walnut Canyon National Monument, in accordance with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)); 

(B) continued management of the study 

area by the Forest Service; or 

(C) any other designation or management 

option that would provide for— 

(i) protection of resources within the study 

area; and 

(ii) continued access to, and use of, the 

study area by the public. 

(2) CONSULTATION.—The Secretaries shall 

provide for public comment in the preparation of the study, including consultation 

with appropriate Federal, State, and local 

governmental entities. 

(3) REPORT.—Not later than 18 months 

after the date on which funds are made available to carry out this section, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House of Representatives a report that 

describes— 

(A) the results of the study; and 

(B) any recommendations of the Secretaries. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7202. TULE LAKE SEGREGATION CENTER, 

CALIFORNIA. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall conduct a special resource 

study of the Tule Lake Segregation Center 

to determine the national significance of the 

site and the suitability and feasibility of including the site in the National Park System. 

(2) STUDY GUIDELINES.—The study shall be 

conducted in accordance with the criteria for 

the study of areas for potential inclusion in 

the National Park System under section 8 of 

Public Law 91–383 (16 U.S.C. 1a–5). 

(3) CONSULTATION.—In conducting the 

study, the Secretary shall consult with— 

(A) Modoc County; 

(B) the State of California; 

(C) appropriate Federal agencies; 

(D) tribal and local government entities; 

(E) private and nonprofit organizations; 

and 

(F) private landowners. 

(4) SCOPE OF STUDY.—The study shall include an evaluation of— 

(A) the significance of the site as a part of 

the history of World War II; 

(B) the significance of the site as the site 

relates to other war relocation centers;. 

(C) the historical resources of the site, including the stockade, that are intact and in 

place; 

(D) the contributions made by the local agricultural community to the World War II effort; and 

(E) the potential impact of designation of 

the site as a unit of the National Park System on private landowners. 

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

the date on which funds are made available 

to conduct the study required under this section, the Secretary shall submit to the Committee on Natural Resources of the House of 

Representatives and the Committee on Energy and Natural Resources of the Senate a 

report describing the findings, conclusions, 

and recommendations of the study. 

SEC. 7203. ESTATE GRANGE, ST. CROIX. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’), in consultation with the Governor 

of the Virgin Islands, shall conduct a special 

resource study of Estate Grange and other 

sites and resources associated with Alexander Hamilton’s life on St. Croix in the 

United States Virgin Islands. 

(2) CONTENTS.—In conducting the study 

under paragraph (1), the Secretary shall 

evaluate— 

(A) the national significance of the sites 

and resources; and 

(B) the suitability and feasibility of designating the sites and resources as a unit of 

the National Park System. 

(3) CRITERIA.—The criteria for the study of 

areas for potential inclusion in the National 

Park System contained in section 8 of Public 

Law 91–383 (16 U.S.C. 1a–5) shall apply to the 

study under paragraph (1). 

(4) REPORT.—Not later than 3 years after 

the date on which funds are first made available for the study under paragraph (1), the 

Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report 

containing— 

(A) the results of the study; and 

(B) any findings, conclusions, and recommendations of the Secretary. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7204. HARRIET BEECHER STOWE HOUSE, 

MAINE. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to carry out this section, the Secretary 

of the Interior (referred to in this section as 

the ‘‘Secretary’’) shall complete a special resource study of the Harriet Beecher Stowe 

House in Brunswick, Maine, to evaluate— 

(A) the national significance of the Harriet 

Beecher Stowe House and surrounding land; 

and 

(B) the suitability and feasibility of designating the Harriet Beecher Stowe House and 

surrounding land as a unit of the National 

Park System. 

(2) STUDY GUIDELINES.—In conducting the 

study authorized under paragraph (1), the 

Secretary shall use the criteria for the study 

of areas for potential inclusion in the National Park System contained in section 8(c) 

of Public Law 91–383 (16 U.S.C. 1a–5(c)). 

(b) REPORT.—On completion of the study 

required under subsection (a), the Secretary 

shall submit to the Committee on Energy 

and Natural Resources of the Senate and the 

Committee on Natural Resources of the 

House of Representatives a report containing 

the findings, conclusions, and recommendations of the study. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, 

WEST VIRGINIA. 

(a) SPECIAL RESOURCES STUDY.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall conduct a special resource study relating to the Battle of 

Shepherdstown in Shepherdstown, West Virginia, to evaluate— 

(1) the national significance of the 

Shepherdstown battlefield and sites relating 

to the Shepherdstown battlefield; and 

(2) the suitability and feasibility of adding 

the Shepherdstown battlefield and sites relating to the Shepherdstown battlefield as 

part of— 

(A) Harpers Ferry National Historical 

Park; or 

(B) Antietam National Battlefield. 

(b) CRITERIA.—In conducting the study authorized under subsection (a), the Secretary 

shall use the criteria for the study of areas 

for potential inclusion in the National Park 

System contained in section 8(c) of Public 

Law 91–383 (16 U.S.C. 1a–5(c)). 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Energy and 

Natural Resources of the Senate and the 

Committee on Natural Resources of the 

House of Representatives a report containing 

the findings, conclusions, and recommendations of the study conducted under subsection (a). 


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S490 CONGRESSIONAL RECORD — SENATE January 15, 2009 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this section as the 

‘‘Secretary’’) shall conduct a special resource study of the site of Green McAdoo 

School in Clinton, Tennessee, (referred to in 

this section as the ‘‘site’’) to evaluate— 

(1) the national significance of the site; 

and 

(2) the suitability and feasibility of designating the site as a unit of the National 

Park System. 

(b) CRITERIA.—In conducting the study 

under subsection (a), the Secretary shall use 

the criteria for the study of areas for potential inclusion in the National Park System 

under section 8(c) of Public Law 91–383 (16 

U.S.C. 1a–5(c)). 

(c) CONTENTS.—The study authorized by 

this section shall— 

(1) determine the suitability and feasibility of designating the site as a unit of the 

National Park System; 

(2) include cost estimates for any necessary acquisition, development, operation, 

and maintenance of the site; and 

(3) identify alternatives for the management, administration, and protection of the 

site. 

(d) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report that describes— 

(1) the findings and conclusions of the 

study; and 

(2) any recommendations of the Secretary. 

SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this section as the 

‘‘Secretary’’) shall conduct a special resource study of the Harry S Truman Birthplace State Historic Site (referred to in this 

section as the ‘‘birthplace site’’) in Lamar, 

Missouri, to determine— 

(1) the suitability and feasibility of— 

(A) adding the birthplace site to the Harry 

S Truman National Historic Site; or 

(B) designating the birthplace site as a separate unit of the National Park System; and 

(2) the methods and means for the protection and interpretation of the birthplace site 

by the National Park Service, other Federal, 

State, or local government entities, or private or nonprofit organizations. 

(b) STUDY REQUIREMENTS.—The Secretary 

shall conduct the study required under subsection (a) in accordance with section 8(c) of 

Public Law 91–383 (16 U.S.C. 1a–5(c)). 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report containing— 

(1) the results of the study conducted 

under subsection (a); and 

(2) any recommendations of the Secretary 

with respect to the birthplace site. 

SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this section as the 

‘‘Secretary’’) shall conduct a special resource study of the sites and resources at 

Matewan, West Virginia, associated with the 

Battle of Matewan (also known as the 

‘‘Matewan Massacre’’) of May 19, 1920, to determine— 

(1) the suitability and feasibility of designating certain historic areas of Matewan, 

West Virginia, as a unit of the National Park 

System; and 

(2) the methods and means for the protection and interpretation of the historic areas 

by the National Park Service, other Federal, 

State, or local government entities, or private or nonprofit organizations. 

(b) STUDY REQUIREMENTS.—The Secretary 

shall conduct the study required under subsection (a) in accordance with section 8(c) of 

Public Law 91–383 (16 U.S.C. 1a–5(c)). 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report containing— 

(1) the results of the study conducted 

under subsection (a); and 

(2) any recommendations of the Secretary 

with respect to the historic areas. 

SEC. 7209. BUTTERFIELD OVERLAND TRAIL. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this section as the 

‘‘Secretary’’) shall conduct a special resource study along the route known as the 

‘‘Ox-Bow Route’’ of the Butterfield Overland 

Trail (referred to in this section as the 

‘‘route’’) in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New 

Mexico, Arizona, and California to evaluate— 

(1) a range of alternatives for protecting 

and interpreting the resources of the route, 

including alternatives for potential addition 

of the Trail to the National Trails System; 

and 

(2) the methods and means for the protection and interpretation of the route by the 

National Park Service, other Federal, State, 

or local government entities, or private or 

nonprofit organizations. 

(b) STUDY REQUIREMENTS.—The Secretary 

shall conduct the study required under subsection (a) in accordance with section 8(c) of 

Public Law 91–383 (16 U.S.C. 1a–5(c)) or section 5(b) of the National Trails System Act 

(16 U.S.C. 1244(b)), as appropriate. 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report containing— 

(1) the results of the study conducted 

under subsection (a); and 

(2) any recommendations of the Secretary 

with respect to the route. 

SEC. 7210. COLD WAR SITES THEME STUDY. 

(a) DEFINITIONS.— 

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the Cold War Advisory Committee established under subsection (c). 

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

means the Secretary of the Interior. 

(3) THEME STUDY.—The term ‘‘theme 

study’’ means the national historic landmark theme study conducted under subsection (b)(1). 

(b) COLD WAR THEME STUDY.— 

(1) IN GENERAL.—The Secretary shall conduct a national historic landmark theme 

study to identify sites and resources in the 

United States that are significant to the 

Cold War. 

(2) RESOURCES.—In conducting the theme 

study, the Secretary shall consider— 

(A) the inventory of sites and resources associated with the Cold War completed by the 

Secretary of Defense under section 8120(b)(9) 

of the Department of Defense Appropriations 

Act, 1991 (Public Law 101–511; 104 Stat. 1906); 

and 

(B) historical studies and research of Cold 

War sites and resources, including— 

(i) intercontinental ballistic missiles; 

(ii) flight training centers; 

(iii) manufacturing facilities; 

(iv) communications and command centers 

(such as Cheyenne Mountain, Colorado); 

(v) defensive radar networks (such as the 

Distant Early Warning Line); 

(vi) nuclear weapons test sites (such as the 

Nevada test site); and 

(vii) strategic and tactical aircraft. 

(3) CONTENTS.—The theme study shall include— 

(A) recommendations for commemorating 

and interpreting sites and resources identified by the theme study, including— 

(i) sites for which studies for potential inclusion in the National Park System should 

be authorized; 

(ii) sites for which new national historic 

landmarks should be nominated; and 

(iii) other appropriate designations; 

(B) recommendations for cooperative 

agreements with— 

(i) State and local governments; 

(ii) local historical organizations; and 

(iii) other appropriate entities; and 

(C) an estimate of the amount required to 

carry out the recommendations under subparagraphs (A) and (B). 

(4) CONSULTATION.—In conducting the 

theme study, the Secretary shall consult 

with— 

(A) the Secretary of the Air Force; 

(B) State and local officials; 

(C) State historic preservation offices; and 

(D) other interested organizations and individuals. 

(5) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report that describes 

the findings, conclusions, and recommendations of the theme study. 

(c) COLD WAR ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—As soon as practicable 

after funds are made available to carry out 

this section, the Secretary shall establish an 

advisory committee, to be known as the 

‘‘Cold War Advisory Committee’’, to assist 

the Secretary in carrying out this section. 

(2) COMPOSITION.—The Advisory Committee 

shall be composed of 9 members, to be appointed by the Secretary, of whom— 

(A) 3 shall have expertise in Cold War history; 

(B) 2 shall have expertise in historic preservation; 

(C) 1 shall have expertise in the history of 

the United States; and 

(D) 3 shall represent the general public. 

(3) CHAIRPERSON.—The Advisory Committee shall select a chairperson from 

among the members of the Advisory Committee. 

(4) COMPENSATION.—A member of the Advisory Committee shall serve without compensation but may be reimbursed by the Secretary for expenses reasonably incurred in 

the performance of the duties of the Advisory Committee. 

(5) MEETINGS.—On at least 3 occasions, the 

Secretary (or a designee) shall meet and consult with the Advisory Committee on matters relating to the theme study. 

(d) INTERPRETIVE HANDBOOK ON THE COLD

WAR.—Not later than 4 years after the date 

on which funds are made available to carry 

out this section, the Secretary shall— 

(1) prepare and publish an interpretive 

handbook on the Cold War; and 

(2) disseminate information in the theme 

study by other appropriate means. 


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(e) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section $500,000. 

SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA. 

(a) IN GENERAL.—The Secretary shall complete a special resource study of the site of 

the Battle of Camden fought in South Carolina on August 16, 1780, and the site of Historic Camden, which is a National Park System Affiliated Area, to determine— 

(1) the suitability and feasibility of designating the sites as a unit or units of the National Park System; and 

(2) the methods and means for the protection and interpretation of these sites by the 

National Park Service, other Federal, State, 

or local government entities or private or 

non-profit organizations. 

(b) STUDY REQUIREMENTS.—The Secretary 

shall conduct the study in accordance with 

section 8(c) of Public Law 91–383 (16 U.S.C. 

1a–5(c)). 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

SEC. 7212. FORT SAN GERO ́ NIMO, PUERTO RICO. 

(a) DEFINITIONS.—In this section: 

(1) FORT SAN GERO ́ NIMO.—The term ‘‘Fort 

San Gero ́nimo’’ (also known as ‘‘Fortı ́n de 

San Gero ́nimo del Boquero ́n’’) means the fort 

and grounds listed on the National Register 

of Historic Places and located near Old San 

Juan, Puerto Rico. 

(2) RELATED RESOURCES.—The term ‘‘related resources’’ means other parts of the 

fortification system of old San Juan that are 

not included within the boundary of San 

Juan National Historic Site, such as sections 

of the City Wall or other fortifications. 

(b) STUDY.— 

(1) IN GENERAL.—The Secretary shall complete a special resource study of Fort San 

Gero ́nimo and other related resources, to determine— 

(A) the suitability and feasibility of including Fort San Gero ́nimo and other related 

resources in the Commonwealth of Puerto 

Rico as part of San Juan National Historic 

Site; and 

(B) the methods and means for the protection and interpretation of Fort San 

Gero ́nimo and other related resources by the 

National Park Service, other Federal, State, 

or local government entities or private or 

non-profit organizations. 

(2) STUDY REQUIREMENTS.—The Secretary 

shall conduct the study in accordance with 

section 8(c) of Public Law 91–383 (16 U.S.C. 

1a–5(c)). 

(c) REPORT.—Not later than 3 years after 

the date on which funds are made available 

to carry out this section, the Secretary shall 

submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

Subtitle D—Program Authorizations 

SEC. 7301. AMERICAN BATTLEFIELD PROTECTION 

PROGRAM. 

(a) PURPOSE.—The purpose of this section 

is to assist citizens, public and private institutions, and governments at all levels in 

planning, interpreting, and protecting sites 

where historic battles were fought on American soil during the armed conflicts that 

shaped the growth and development of the 

United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made 

their ultimate sacrifice. 

(b) PRESERVATION ASSISTANCE.— 

(1) IN GENERAL.—Using the established national historic preservation program to the 

extent practicable, the Secretary of the Interior, acting through the American Battlefield Protection Program, shall encourage, 

support, assist, recognize, and work in partnership with citizens, Federal, State, local, 

and tribal governments, other public entities, educational institutions, and private 

nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated 

sites on a National, State, and local level. 

(2) FINANCIAL ASSISTANCE.—To carry out 

paragraph (1), the Secretary may use a cooperative agreement, grant, contract, or other 

generally adopted means of providing financial assistance. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

$3,000,000 annually to carry out this subsection, to remain available until expended. 

(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 

(1) DEFINITIONS.—In this subsection: 

(A) BATTLEFIELD REPORT.—The term ‘‘Battlefield Report’’ means the document entitled ‘‘Report on the Nation’s Civil War Battlefields’’, prepared by the Civil War Sites 

Advisory Commission, and dated July 1993. 

(B) ELIGIBLE ENTITY.—The term ‘‘eligible 

entity’’ means a State or local government. 

(C) ELIGIBLE SITE.—The term ‘‘eligible 

site’’ means a site— 

(i) that is not within the exterior boundaries of a unit of the National Park System; 

and 

(ii) that is identified in the Battlefield Report. 

(D) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior, acting 

through the American Battlefield Protection 

Program. 

(2) ESTABLISHMENT.—The Secretary shall 

establish a battlefield acquisition grant program under which the Secretary may provide 

grants to eligible entities to pay the Federal 

share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites. 

(3) NONPROFIT PARTNERS.—An eligible entity may acquire an interest in an eligible site 

using a grant under this subsection in partnership with a nonprofit organization. 

(4) NON-FEDERAL SHARE.—The non-Federal 

share of the total cost of acquiring an interest in an eligible site under this subsection 

shall be not less than 50 percent. 

(5) LIMITATION ON LAND USE.—An interest in 

an eligible site acquired under this subsection shall be subject to section 6(f)(3) of 

the Land and Water Conservation Fund Act 

of 1965 (16 U.S.C. 460l–8(f)(3)). 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to provide grants under this subsection $10,000,000 for each of fiscal years 2009 

through 2013. 

SEC. 7302. PRESERVE AMERICA PROGRAM. 

(a) PURPOSE.—The purpose of this section 

is to authorize the Preserve America Program, including— 

(1) the Preserve America grant program 

within the Department of the Interior; 

(2) the recognition programs administered 

by the Advisory Council on Historic Preservation; and 

(3) the related efforts of Federal agencies, 

working in partnership with State, tribal, 

and local governments and the private sector, to support and promote the preservation 

of historic resources. 

(b) DEFINITIONS.—In this section: 

(1) COUNCIL.—The term ‘‘Council’’ means 

the Advisory Council on Historic Preservation. 

(2) HERITAGE TOURISM.—The term ‘‘heritage 

tourism’’ means the conduct of activities to 

attract and accommodate visitors to a site 

or area based on the unique or special aspects of the history, landscape (including 

trail systems), and culture of the site or 

area. 

(3) PROGRAM.—The term ‘‘program’’ means 

the Preserve America Program established 

under subsection (c)(1). 

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

means the Secretary of the Interior. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the 

Department of the Interior the Preserve 

America Program, under which the Secretary, in partnership with the Council, may 

provide competitive grants to States, local 

governments (including local governments in 

the process of applying for designation as 

Preserve America Communities under subsection (d)), Indian tribes, communities designated as Preserve America Communities 

under subsection (d), State historic preservation offices, and tribal historic preservation 

offices to support preservation efforts 

through heritage tourism, education, and 

historic preservation planning activities. 

(2) ELIGIBLE PROJECTS.— 

(A) IN GENERAL.—The following projects 

shall be eligible for a grant under this section: 

(i) A project for the conduct of— 

(I) research on, and documentation of, the 

history of a community; and 

(II) surveys of the historic resources of a 

community. 

(ii) An education and interpretation 

project that conveys the history of a community or site. 

(iii) A planning project (other than building rehabilitation) that advances economic 

development using heritage tourism and historic preservation. 

(iv) A training project that provides opportunities for professional development in 

areas that would aid a community in using 

and promoting its historic resources. 

(v) A project to support heritage tourism 

in a Preserve America Community designated under subsection (d). 

(vi) Other nonconstruction projects that 

identify or promote historic properties or 

provide for the education of the public about 

historic properties that are consistent with 

the purposes of this section. 

(B) LIMITATION.—In providing grants under 

this section, the Secretary shall only provide 

1 grant to each eligible project selected for a 

grant. 

(3) PREFERENCE.—In providing grants under 

this section, the Secretary may give preference to projects that carry out the purposes of both the program and the Save 

America’s Treasures Program. 

(4) CONSULTATION AND NOTIFICATION.— 

(A) CONSULTATION.—The Secretary shall 

consult with the Council in preparing the 

list of projects to be provided grants for a 

fiscal year under the program. 

(B) NOTIFICATION.—Not later than 30 days 

before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the 

Committee on Energy and Natural Resources 

of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations 

of the House of Representatives a list of any 

eligible projects that are to be provided 

grants under the program for the fiscal year. 

(5) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The non-Federal share of 

the cost of carrying out a project provided a 


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grant under this section shall be not less 

than 50 percent of the total cost of the 

project. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share required under subparagraph (A) shall be in the form of— 

(i) cash; or 

(ii) donated supplies and related services, 

the value of which shall be determined by 

the Secretary. 

(C) REQUIREMENT.—The Secretary shall ensure that each applicant for a grant has the 

capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible 

project required under subparagraph (A) before a grant is provided to the eligible 

project under the program. 

(d) DESIGNATION OF PRESERVE AMERICA

COMMUNITIES.— 

(1) APPLICATION.—To be considered for designation as a Preserve America Community, 

a community, tribal area, or neighborhood 

shall submit to the Council an application 

containing such information as the Council 

may require. 

(2) CRITERIA.—To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under paragraph (1) shall, as determined by the Council, 

in consultation with the Secretary, meet criteria required by the Council and, in addition, consider— 

(A) protection and celebration of the heritage of the community, tribal area, or neighborhood; 

(B) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and 

(C) encouragement of people to experience 

and appreciate local historic resources 

through education and heritage tourism programs. 

(3) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESERVATION ACTIVITIES.—The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 101(c)(1) of the National Historic Preservation Act (16 U.S.C. 

470a(c)(1)). 

(4) GUIDELINES.—The Council, in consultation with the Secretary, shall establish any 

guidelines that are necessary to carry out 

this subsection. 

(e) REGULATIONS.—The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be 

necessary to carry out this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $25,000,000 for each fiscal year, to remain available until expended. 

SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM. 

(a) PURPOSE.—The purpose of this section 

is to authorize within the Department of the 

Interior the Save America’s Treasures Program, to be carried out by the Director of 

the National Park Service, in partnership 

with— 

(1) the National Endowment for the Arts; 

(2) the National Endowment for the Humanities; 

(3) the Institute of Museum and Library 

Services; 

(4) the National Trust for Historic Preservation; 

(5) the National Conference of State Historic Preservation Officers; 

(6) the National Association of Tribal Historic Preservation Officers; and 

(7) the President’s Committee on the Arts 

and the Humanities. 

(b) DEFINITIONS.—In this section: 

(1) COLLECTION.—The term ‘‘collection’’ 

means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible 

entity’’ means a Federal entity, State, local, 

or tribal government, educational institution, or nonprofit organization. 

(3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has the meaning given the 

term in section 301 of the National Historic 

Preservation Act (16 U.S.C. 470w). 

(4) NATIONALLY SIGNIFICANT.—The term 

‘‘nationally significant’’ means a collection 

or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by 

the Secretary pursuant to section 101(a)(2) of 

the National Historic Preservation Act (16 

U.S.C. 470a(a)(2)). 

(5) PROGRAM.—The term ‘‘program’’ means 

the Save America’s Treasures Program established under subsection (c)(1). 

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

means the Secretary of the Interior, acting 

through the Director of the National Park 

Service. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the 

Department of the Interior the Save America’s Treasures program, under which the 

amounts made available to the Secretary 

under subsection (e) shall be used by the Secretary, in consultation with the organizations described in subsection (a), subject to 

paragraph (6)(A)(ii), to provide grants to eligible entities for projects to preserve nationally significant collections and historic properties. 

(2) DETERMINATION OF GRANTS.—Of the 

amounts made available for grants under 

subsection (e), not less than 50 percent shall 

be made available for grants for projects to 

preserve collections and historic properties, 

to be distributed through a competitive 

grant process administered by the Secretary, 

subject to the eligibility criteria established 

under paragraph (5). 

(3) APPLICATIONS FOR GRANTS.—To be considered for a competitive grant under the 

program an eligible entity shall submit to 

the Secretary an application containing such 

information as the Secretary may require. 

(4) COLLECTIONS AND HISTORIC PROPERTIES

ELIGIBLE FOR COMPETITIVE GRANTS.— 

(A) IN GENERAL.—A collection or historic 

property shall be provided a competitive 

grant under the program only if the Secretary determines that the collection or historic property is— 

(i) nationally significant; and 

(ii) threatened or endangered. 

(B) ELIGIBLE COLLECTIONS.—A determination by the Secretary regarding the national 

significance of collections under subparagraph (A)(i) shall be made in consultation 

with the organizations described in subsection (a), as appropriate. 

(C) ELIGIBLE HISTORIC PROPERTIES.—To be 

eligible for a competitive grant under the 

program, a historic property shall, as of the 

date of the grant application— 

(i) be listed in the National Register of Historic Places at the national level of significance; or 

(ii) be designated as a National Historic 

Landmark. 

(5) SELECTION CRITERIA FOR GRANTS.— 

(A) IN GENERAL.—The Secretary shall not 

provide a grant under this section to a 

project for an eligible collection or historic 

property unless the project— 

(i) eliminates or substantially mitigates 

the threat of destruction or deterioration of 

the eligible collection or historic property; 

(ii) has a clear public benefit; and 

(iii) is able to be completed on schedule 

and within the budget described in the grant 

application. 

(B) PREFERENCE.—In providing grants 

under this section, the Secretary may give 

preference to projects that carry out the purposes of both the program and the Preserve 

America Program. 

(C) LIMITATION.—In providing grants under 

this section, the Secretary shall only provide 

1 grant to each eligible project selected for a 

grant. 

(6) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

(A) CONSULTATION.— 

(i) IN GENERAL.—Subject to clause (ii), the 

Secretary shall consult with the organizations described in subsection (a) in preparing 

the list of projects to be provided grants for 

a fiscal year by the Secretary under the program. 

(ii) LIMITATION.—If an entity described in 

clause (i) has submitted an application for a 

grant under the program, the entity shall be 

recused by the Secretary from the consultation requirements under that clause and 

paragraph (1). 

(B) NOTIFICATION.—Not later than 30 days 

before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the 

Committee on Energy and Natural Resources 

of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations 

of the House of Representatives a list of any 

eligible projects that are to be provided 

grants under the program for the fiscal year. 

(7) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The non-Federal share of 

the cost of carrying out a project provided a 

grant under this section shall be not less 

than 50 percent of the total cost of the 

project. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share required under subparagraph (A) shall be in the form of— 

(i) cash; or 

(ii) donated supplies or related services, 

the value of which shall be determined by 

the Secretary. 

(C) REQUIREMENT.—The Secretary shall ensure that each applicant for a grant has the 

capacity and a feasible plan for securing the 

non-Federal share for an eligible project required under subparagraph (A) before a grant 

is provided to the eligible project under the 

program. 

(d) REGULATIONS.—The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be 

necessary to carry out this section. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $50,000,000 for each fiscal year, to remain available until expended. 

SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION 

PROGRAM. 

Section 4 of Public Law 106–45 (16 U.S.C. 461 

note; 113 Stat. 226) is amended by striking 

‘‘2009’’ and inserting ‘‘2019’’. 

SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE. 

The National Cave and Karst Research Institute Act of 1998 (16 U.S.C. 4310 note; Public 

Law 105–325) is amended by striking section 

5 and inserting the following: 

‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated 

such sums as are necessary to carry out this 

Act.’’. 

Subtitle E—Advisory Commissions 

SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU 

ADVISORY COMMISSION. 

Section 505(f)(7) of the National Parks and 

Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is 


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amended by striking ‘‘ten years after the 

date of enactment of the Na Hoa Pili O 

Kaloko-Honokohau Re-establishment Act of 

1996’’ and inserting ‘‘on December 31, 2018’’. 

SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION. 

Effective September 26, 2008, section 8(a) of 

Public Law 87–126 (16 U.S.C. 459b–7(a)) is 

amended in the second sentence by striking 

‘‘2008’’ and inserting ‘‘2018’’. 

SEC. 7403. NATIONAL PARK SYSTEM ADVISORY 

BOARD. 

Section 3(f) of the Act of August 21, 1935 

(16. U.S.C. 463(f)), is amended in the first sentence by striking ‘‘2009’’ and inserting 

‘‘2010’’. 

SEC. 7404. CONCESSIONS MANAGEMENT ADVISORY BOARD. 

Section 409(d) of the National Park Service 

Concessions Management Improvement Act 

of 1998 (16 U.S.C. 5958(d)) is amended in the 

first sentence by striking ‘‘2008’’ and inserting ‘‘2009’’. 

SEC. 7405. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION. 

(a) DEFINITIONS.—In this section: 

(1) COMMEMORATION.—The term ‘‘commemoration’’ means the commemoration of 

the 450th anniversary of the founding of the 

settlement of St. Augustine, Florida. 

(2) COMMISSION.—The term ‘‘Commission’’ 

means the St. Augustine 450th Commemoration Commission established by subsection 

(b)(1). 

(3) GOVERNOR.—The term ‘‘Governor’’ 

means the Governor of the State. 

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

means the Secretary of the Interior. 

(5) STATE.— 

(A) IN GENERAL.—The term ‘‘State’’ means 

the State of Florida. 

(B) INCLUSION.—The term ‘‘State’’ includes 

agencies and entities of the State of Florida. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established a 

commission, to be known as the ‘‘St. Augustine 450th Commemoration Commission’’. 

(2) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall 

be composed of 14 members, of whom— 

(i) 3 members shall be appointed by the 

Secretary, after considering the recommendations of the St. Augustine City 

Commission; 

(ii) 3 members shall be appointed by the 

Secretary, after considering the recommendations of the Governor; 

(iii) 1 member shall be an employee of the 

National Park Service having experience relevant to the historical resources relating to 

the city of St. Augustine and the commemoration, to be appointed by the Secretary; 

(iv) 1 member shall be appointed by the 

Secretary, taking into consideration the recommendations of the Mayor of the city of St. 

Augustine; 

(v) 1 member shall be appointed by the 

Secretary, after considering the recommendations of the Chancellor of the University System of Florida; and 

(vi) 5 members shall be individuals who are 

residents of the State who have an interest 

in, support for, and expertise appropriate to 

the commemoration, to be appointed by the 

Secretary, taking into consideration the recommendations of Members of Congress. 

(B) TIME OF APPOINTMENT.—Each appointment of an initial member of the Commission shall be made before the expiration of 

the 120-day period beginning on the date of 

enactment of this Act. 

(C) TERM; VACANCIES.— 

(i) TERM.—A member of the Commission 

shall be appointed for the life of the Commission. 

(ii) VACANCIES.— 

(I) IN GENERAL.—A vacancy on the Commission shall be filled in the same manner in 

which the original appointment was made. 

(II) PARTIAL TERM.—A member appointed 

to fill a vacancy on the Commission shall 

serve for the remainder of the term for which 

the predecessor of the member was appointed. 

(iii) CONTINUATION OF MEMBERSHIP.—If a 

member of the Commission was appointed to 

the Commission as Mayor of the city of St. 

Augustine or as an employee of the National 

Park Service or the State University System 

of Florida, and ceases to hold such position, 

that member may continue to serve on the 

Commission for not longer than the 30-day 

period beginning on the date on which that 

member ceases to hold the position. 

(3) DUTIES.—The Commission shall— 

(A) plan, develop, and carry out programs 

and activities appropriate for the commemoration; 

(B) facilitate activities relating to the 

commemoration throughout the United 

States; 

(C) encourage civic, patriotic, historical, 

educational, artistic, religious, economic, 

and other organizations throughout the 

United States to organize and participate in 

anniversary activities to expand understanding and appreciation of the significance 

of the founding and continuing history of St. 

Augustine; 

(D) provide technical assistance to States, 

localities, and nonprofit organizations to 

further the commemoration; 

(E) coordinate and facilitate for the public 

scholarly research on, publication about, and 

interpretation of, St. Augustine; 

(F) ensure that the commemoration provides a lasting legacy and long-term public 

benefit by assisting in the development of 

appropriate programs; and 

(G) help ensure that the observances of the 

foundation of St. Augustine are inclusive 

and appropriately recognize the experiences 

and heritage of all individuals present when 

St. Augustine was founded. 

(c) COMMISSION MEETINGS.— 

(1) INITIAL MEETING.—Not later than 30 

days after the date on which all members of 

the Commission have been appointed, the 

Commission shall hold the initial meeting of 

the Commission. 

(2) MEETINGS.—The Commission shall 

meet— 

(A) at least 3 times each year; or 

(B) at the call of the Chairperson or the 

majority of the members of the Commission. 

(3) QUORUM.—A majority of the voting 

members shall constitute a quorum, but a 

lesser number may hold meetings. 

(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

(A) ELECTION.—The Commission shall elect 

the Chairperson and the Vice Chairperson of 

the Commission on an annual basis. 

(B) ABSENCE OF THE CHAIRPERSON.—The 

Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. 

(5) VOTING.—The Commission shall act 

only on an affirmative vote of a majority of 

the members of the Commission. 

(d) COMMISSION POWERS.— 

(1) GIFTS.—The Commission may solicit, 

accept, use, and dispose of gifts, bequests, or 

devises of money or other property for aiding 

or facilitating the work of the Commission. 

(2) APPOINTMENT OF ADVISORY COMMITTEES.—The Commission may appoint such 

advisory committees as the Commission determines to be necessary to carry out this 

section. 

(3) AUTHORIZATION OF ACTION.—The Commission may authorize any member or employee of the Commission to take any action 

that the Commission is authorized to take 

under this section. 

(4) PROCUREMENT.— 

(A) IN GENERAL.—The Commission may 

procure supplies, services, and property, and 

make or enter into contracts, leases, or 

other legal agreements, to carry out this section (except that a contract, lease, or other 

legal agreement made or entered into by the 

Commission shall not extend beyond the 

date of termination of the Commission). 

(B) LIMITATION.—The Commission may not 

purchase real property. 

(5) POSTAL SERVICES.—The Commission 

may use the United States mails in the same 

manner and under the same conditions as 

other agencies of the Federal Government. 

(6) GRANTS AND TECHNICAL ASSISTANCE.— 

The Commission may— 

(A) provide grants in amounts not to exceed $20,000 per grant to communities and 

nonprofit organizations for use in developing 

programs to assist in the commemoration; 

(B) provide grants to research and scholarly organizations to research, publish, or 

distribute information relating to the early 

history of St. Augustine; and 

(C) provide technical assistance to States, 

localities, and nonprofit organizations to 

further the commemoration. 

(e) COMMISSION PERSONNEL MATTERS.— 

(1) COMPENSATION OF MEMBERS.— 

(A) IN GENERAL.—Except as provided in 

paragraph (2), a member of the Commission 

shall serve without compensation. 

(B) FEDERAL EMPLOYEES.—A member of the 

Commission who is an officer or employee of 

the Federal Government shall serve without 

compensation other than the compensation 

received for the services of the member as an 

officer or employee of the Federal Government. 

(2) TRAVEL EXPENSES.—A member of the 

Commission shall be allowed travel expenses, 

including per diem in lieu of subsistence, at 

rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, 

United States Code, while away from the 

home or regular place of business of the 

member in the performance of the duties of 

the Commission. 

(3) DIRECTOR AND STAFF.— 

(A) IN GENERAL.—The Chairperson of the 

Commission may, without regard to the civil 

service laws (including regulations), nominate an executive director to enable the 

Commission to perform the duties of the 

Commission. 

(B) CONFIRMATION OF EXECUTIVE DIRECTOR.—The employment of an executive director shall be subject to confirmation by the 

Commission. 

(4) COMPENSATION.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), the Commission may fix 

the compensation of the executive director 

and other personnel without regard to the 

provisions of chapter 51 and subchapter III of 

chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. 

(B) MAXIMUM RATE OF PAY.—The rate of 

pay for the executive director and other personnel shall not exceed the rate payable for 

level V of the Executive Schedule under section 5316 of title 5, United States Code. 

(5) DETAIL OF GOVERNMENT EMPLOYEES.— 

(A) FEDERAL EMPLOYEES.— 

(i) DETAIL.—At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable 

basis, any of the personnel of the agency to 

the Commission to assist the Commission in 

carrying out the duties of the Commission 

under this section. 

(ii) CIVIL SERVICE STATUS.—The detail of an 

employee under clause (i) shall be without 

interruption or loss of civil service status or 

privilege. 

(B) STATE EMPLOYEES.—The Commission 

may— 


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(i) accept the services of personnel detailed 

from the State; and 

(ii) reimburse the State for services of detailed personnel. 

(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the 

Commission may procure temporary and 

intermittent services in accordance with section 3109(b) of title 5, United States Code, at 

rates for individuals that do not exceed the 

daily equivalent of the annual rate of basic 

pay prescribed for level V of the Executive 

Schedule under section 5316 of such title. 

(7) VOLUNTEER AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 

31, United States Code, the Commission may 

accept and use such voluntary and uncompensated services as the Commission determines to be necessary. 

(8) SUPPORT SERVICES.— 

(A) IN GENERAL.—The Secretary shall provide to the Commission, on a reimbursable 

basis, such administrative support services 

as the Commission may request. 

(B) REIMBURSEMENT.—Any reimbursement 

under this paragraph shall be credited to the 

appropriation, fund, or account used for paying the amounts reimbursed. 

(9) FACA NONAPPLICABILITY.—Section 14(b) 

of the Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the Commission. 

(10) NO EFFECT ON AUTHORITY.—Nothing in 

this subsection supersedes the authority of 

the State, the National Park Service, the 

city of St. Augustine, or any designee of 

those entities, with respect to the commemoration. 

(f) PLANS; REPORTS.— 

(1) STRATEGIC PLAN.—The Commission 

shall prepare a strategic plan for the activities of the Commission carried out under 

this section. 

(2) FINAL REPORT.—Not later than September 30, 2015, the Commission shall complete and submit to Congress a final report 

that contains— 

(A) a summary of the activities of the 

Commission; 

(B) a final accounting of funds received and 

expended by the Commission; and 

(C) the findings and recommendations of 

the Commission. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to the Commission to carry out 

this section $500,000 for each of fiscal years 

2009 through 2015. 

(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until December 31, 2015. 

(h) TERMINATION OF COMMISSION.— 

(1) DATE OF TERMINATION.—The Commission shall terminate on December 31, 2015. 

(2) TRANSFER OF DOCUMENTS AND MATERIALS.—Before the date of termination specified in paragraph (1), the Commission shall 

transfer all documents and materials of the 

Commission to the National Archives or another appropriate Federal entity. 

TITLE VIII—NATIONAL HERITAGE AREAS 

Subtitle A—Designation of National Heritage 

Areas 

SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Sangre de Cristo National 

Heritage Area established by subsection 

(b)(1). 

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’ means the management entity for the Heritage Area designated by subsection (b)(4). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (d). 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Proposed Sangre De Cristo National Heritage Area’’ and dated November 

2005. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Colorado. 

(b) SANGRE DE CRISTO NATIONAL HERITAGE

AREA.— 

(1) ESTABLISHMENT.—There is established 

in the State the Sangre de Cristo National 

Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall 

consist of— 

(A) the counties of Alamosa, Conejos, and 

Costilla; and 

(B) the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the 

Great Sand Dunes National Park and Preserve, and other areas included in the map. 

(3) MAP.—A map of the Heritage Area shall 

be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the appropriate offices of the National Park Service. 

(4) MANAGEMENT ENTITY.— 

(A) IN GENERAL.—The management entity 

for the Heritage Area shall be the Sangre de 

Cristo National Heritage Area Board of Directors. 

(B) MEMBERSHIP REQUIREMENTS.—Members 

of the Board shall include representatives 

from a broad cross-section of the individuals, 

agencies, organizations, and governments 

that were involved in the planning and development of the Heritage Area before the date 

of enactment of this Act. 

(c) ADMINISTRATION.— 

(1) AUTHORITIES.—For purposes of carrying 

out the management plan, the Secretary, 

acting through the management entity, may 

use amounts made available under this section to— 

(A) make grants to the State or a political 

subdivision of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State or a political subdivision of the State, 

nonprofit organizations, and other interested 

parties; 

(C) hire and compensate staff, which shall 

include individuals with expertise in natural, 

cultural, and historical resources protection, 

and heritage programming; 

(D) obtain money or services from any 

source including any that are provided under 

any other Federal law or program; 

(E) contract for goods or services; and 

(F) undertake to be a catalyst for any 

other activity that furthers the Heritage 

Area and is consistent with the approved 

management plan. 

(2) DUTIES.—The management entity 

shall— 

(A) in accordance with subsection (d), prepare and submit a management plan for the 

Heritage Area to the Secretary; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in carrying out the approved 

management plan by— 

(i) carrying out programs and projects that 

recognize, protect, and enhance important 

resource values in the Heritage Area; 

(ii) establishing and maintaining interpretive exhibits and programs in the Heritage 

Area; 

(iii) developing recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historical, scenic, 

and cultural resources of the Heritage Area; 

(v) protecting and restoring historic sites 

and buildings in the Heritage Area that are 

consistent with Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public 

access, and sites of interest are posted 

throughout the Heritage Area; and 

(vii) promoting a wide range of partnerships among governments, organizations, 

and individuals to further the Heritage Area; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least semiannually regarding the development and implementation of the management plan; 

(E) for any year that Federal funds have 

been received under this section— 

(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities 

during the year that the report is made); 

(ii) make available to the Secretary for 

audit all records relating to the expenditure 

of the funds and any matching funds; 

(iii) require, with respect to all agreements 

authorizing expenditure of Federal funds by 

other organizations, that the organizations 

receiving the funds make available to the 

Secretary for audit all records concerning 

the expenditure of the funds; and 

(F) encourage by appropriate means economic viability that is consistent with the 

Heritage Area. 

(3) PROHIBITION ON THE ACQUISITION OF REAL

PROPERTY.—The management entity shall 

not use Federal funds made available under 

this section to acquire real property or any 

interest in real property. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the cost of any activity carried 

out using any assistance made available 

under this section shall be 50 percent. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

management entity shall submit to the Secretary for approval a proposed management 

plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

shall— 

(A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; 

(B) take into consideration State and local 

plans; 

(C) include— 

(i) an inventory of— 

(I) the resources located in the core area 

described in subsection (b)(2); and 

(II) any other property in the core area 

that— 

(aa) is related to the themes of the Heritage Area; and 

(bb) should be preserved, restored, managed, or maintained because of the significance of the property; 

(ii) comprehensive policies, strategies and 

recommendations for conservation, funding, 

management, and development of the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals 

have agreed to take to protect the natural, 

historical and cultural resources of the Heritage Area; 

(iv) a program of implementation for the 

management plan by the management entity 

that includes a description of— 

(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and 


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(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; 

(v) the identification of sources of funding 

for carrying out the management plan; 

(vi) analysis and recommendations for 

means by which local, State, and Federal 

programs, including the role of the National 

Park Service in the Heritage Area, may best 

be coordinated to carry out this section; and 

(vii) an interpretive plan for the Heritage 

Area; and 

(D) recommend policies and strategies for 

resource management that consider and detail the application of appropriate land and 

water management techniques, including the 

development of intergovernmental and interagency cooperative agreements to protect 

the natural, historical, cultural, educational, 

scenic, and recreational resources of the Heritage Area. 

(3) DEADLINE.—If a proposed management 

plan is not submitted to the Secretary by 

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

shall be ineligible to receive additional funding under this section until the date that the 

Secretary receives and approves the management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of receipt of the management 

plan under paragraph (1), the Secretary, in 

consultation with the State, shall approve or 

disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the management entity is representative of the diverse interests of the Heritage 

Area, including governments, natural and 

historic resource protection organizations, 

educational institutions, businesses, and recreational organizations; 

(ii) the management entity has afforded 

adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management 

plan; and 

(iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately 

protect the natural, historical, and cultural 

resources of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the 

Secretary disapproves the management plan 

under subparagraph (A), the Secretary 

shall— 

(i) advise the management entity in writing of the reasons for the disapproval; 

(ii) make recommendations for revisions to 

the management plan; and 

(iii) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—The Secretary shall approve or disapprove each amendment to the 

management plan that the Secretary determines make a substantial change to the 

management plan. 

(ii) USE OF FUNDS.—The management entity shall not use Federal funds authorized by 

this section to carry out any amendments to 

the management plan until the Secretary 

has approved the amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—The 

head of any Federal agency planning to conduct activities that may have an impact on 

the Heritage Area is encouraged to consult 

and coordinate the activities with the Secretary and the management entity to the 

maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any law or 

regulation authorizing a Federal agency to 

manage Federal land under the jurisdiction 

of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any property 

owner (whether public or private), including 

the right to refrain from participating in any 

plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit 

public access (including access by Federal, 

State, or local agencies) to the property of 

the property owner, or to modify public access or use of property of the property owner 

under any other Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or 

local agency, or conveys any land use or 

other regulatory authority to the management entity; 

(4) authorizes or implies the reservation or 

appropriation of water or water rights; 

(5) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(6) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(g) EVALUATION; REPORT.— 

(1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area, 

the Secretary shall— 

(A) conduct an evaluation of the accomplishments of the Heritage Area; and 

(B) prepare a report in accordance with 

paragraph (3). 

(2) EVALUATION.—An evaluation conducted 

under paragraph (1)(A) shall— 

(A) assess the progress of the management 

entity with respect to— 

(i) accomplishing the purposes of this section for the Heritage Area; and 

(ii) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(C) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation 

conducted under paragraph (1)(A), the Secretary shall prepare a report that includes 

recommendations for the future role of the 

National Park Service, if any, with respect 

to the Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under subparagraph (A) recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(i) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(ii) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $10,000,000, of which 

not more than $1,000,000 may be made available for any fiscal year. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

SEC. 8002. CACHE LA POUDRE RIVER NATIONAL 

HERITAGE AREA, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Cache La Poudre River National Heritage Area established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the 

Poudre Heritage Alliance, the local coordinating entity for the Heritage Area designated by subsection (b)(4). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (d)(1). 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Cache La Poudre River National 

Heritage Area’’, numbered 960/80,003, and 

dated April, 2004. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Colorado. 

(b) CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.— 

(1) ESTABLISHMENT.—There is established 

in the State the Cache La Poudre River National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall 

consist of the area depicted on the map. 

(3) MAP.—The map shall be on file and 

available for public inspection in the appropriate offices of— 

(A) the National Park Service; and 

(B) the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The local 

coordinating entity for the Heritage Area 

shall be the Poudre Heritage Alliance, a nonprofit organization incorporated in the 

State. 

(c) ADMINISTRATION.— 

(1) AUTHORITIES.—To carry out the management plan, the Secretary, acting through 

the local coordinating entity, may use 

amounts made available under this section— 

(A) to make grants to the State (including 

any political subdivision of the State), nonprofit organizations, and other individuals; 

(B) to enter into cooperative agreements 

with, or provide technical assistance to, the 

State (including any political subdivision of 

the State), nonprofit organizations, and 

other interested parties; 

(C) to hire and compensate staff, which 

shall include individuals with expertise in 

natural, cultural, and historical resource 

protection, and heritage programming; 

(D) to obtain funds or services from any 

source, including funds or services that are 

provided under any other Federal law or program; 

(E) to enter into contracts for goods or 

services; and 


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(F) to serve as a catalyst for any other activity that— 

(i) furthers the purposes and goals of the 

Heritage Area; and 

(ii) is consistent with the approved management plan. 

(2) DUTIES.—The local coordinating entity 

shall— 

(A) in accordance with subsection (d), prepare and submit to the Secretary a management plan for the Heritage Area; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in carrying out the approved 

management plan by— 

(i) carrying out programs and projects that 

recognize, protect, and enhance important 

resource values located in the Heritage Area; 

(ii) establishing and maintaining interpretive exhibits and programs in the Heritage 

Area; 

(iii) developing recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, the natural, historical, scenic, 

and cultural resources of the Heritage Area; 

(v) protecting and restoring historic sites 

and buildings in the Heritage Area that are 

consistent with Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public 

access, and sites of interest, are posted 

throughout the Heritage Area; and 

(vii) promoting a wide range of partnerships among governments, organizations, 

and individuals to further the Heritage Area; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least semiannually regarding the development and implementation of the management plan; 

(E) for any year for which Federal funds 

have been received under this section— 

(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating 

entity (including grants to any other entities during the year that the report is made); 

(ii) make available to the Secretary for 

audit all records relating to the expenditure 

of the funds and any matching funds; and 

(iii) require, with respect to all agreements 

authorizing expenditure of Federal funds by 

other organizations, that the organizations 

receiving the funds make available to the 

Secretary for audit all records concerning 

the expenditure of the funds; and 

(F) encourage by appropriate means economic viability that is consistent with the 

Heritage Area. 

(3) PROHIBITION ON THE ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

shall not use Federal funds made available 

under this section to acquire real property or 

any interest in real property. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

shall— 

(A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; 

(B) take into consideration State and local 

plans; 

(C) include— 

(i) an inventory of the resources located in 

the Heritage Area; 

(ii) comprehensive policies, strategies, and 

recommendations for conservation, funding, 

management, and development of the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals 

have agreed to take to protect the natural, 

cultural, historic, scenic, educational, and 

recreational resources of the Heritage Area; 

(iv) a program of implementation for the 

management plan by the local coordinating 

entity that includes a description of— 

(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and 

(II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of 

operation; 

(v) the identification of sources of funding 

for carrying out the management plan; 

(vi) analysis and recommendations for 

means by which local, State, and Federal 

programs, including the role of the National 

Park Service in the Heritage Area, may best 

be coordinated to carry out this section; and 

(vii) an interpretive plan for the Heritage 

Area; and 

(D) recommend policies and strategies for 

resource management that consider and detail the application of appropriate land and 

water management techniques, including the 

development of intergovernmental and interagency cooperative agreements to protect 

the natural, cultural, historic, scenic, educational, and recreational resources of the 

Heritage Area. 

(3) DEADLINE.—If a proposed management 

plan is not submitted to the Secretary by 

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

entity shall be ineligible to receive additional funding under this section until the 

date on which the Secretary approves a management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of receipt of the management 

plan under paragraph (1), the Secretary, in 

consultation with the State, shall approve or 

disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity is representative of the diverse interests of the 

Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, 

and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and 

(iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately 

protect the natural, cultural, historic, scenic, educational, and recreational resources 

of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the 

Secretary disapproves the management plan 

under subparagraph (A), the Secretary 

shall— 

(i) advise the local coordinating entity in 

writing of the reasons for the disapproval; 

(ii) make recommendations for revisions to 

the management plan; and 

(iii) not later than 180 days after the date 

of receipt of any proposed revision of the 

management plan from the local coordinating entity, approve or disapprove the proposed revision. 

(5) AMENDMENTS.— 

(A) IN GENERAL.—The Secretary shall approve or disapprove each amendment to the 

management plan that the Secretary determines would make a substantial change to 

the management plan. 

(B) USE OF FUNDS.—The local coordinating 

entity shall not use Federal funds authorized 

to be appropriated by this section to carry 

out any amendments to the management 

plan until the Secretary has approved the 

amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law (including regulations). 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any public or private property owner, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner— 

(A) to permit public access (including access by Federal, State, or local agencies) to 

the property of the property owner; or 

(B) to modify public access or use of property of the property owner under any other 

Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or 

local agency; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with 

respect to any individual injured on the private property. 

(g) EVALUATION; REPORT.— 

(1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area, 

the Secretary shall— 

(A) conduct an evaluation of the accomplishments of the Heritage Area; and 

(B) prepare a report in accordance with 

paragraph (3). 

(2) EVALUATION.—An evaluation conducted 

under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity with respect to— 

(i) accomplishing the purposes of this section for the Heritage Area; and 

(ii) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S497 

(B) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(C) review the management structure, 

partnership relationships, and funding of the 

Heritage Area to identify the critical components for sustainability of the Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation 

conducted under paragraph (1)(A), the Secretary shall prepare a report that includes 

recommendations for the future role of the 

National Park Service, if any, with respect 

to the Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under subparagraph (A) recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(i) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(ii) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(h) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $10,000,000, of which 

not more than $1,000,000 may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.—The Federal share of the cost of any activity carried 

out using any assistance made available 

under this section shall be 50 percent. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

(j) CONFORMING AMENDMENT.—The Cache 

La Poudre River Corridor Act (16 U.S.C. 461 

note; Public Law 104–323) is repealed. 

SEC. 8003. SOUTH PARK NATIONAL HERITAGE 

AREA, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the 

Board of Directors of the South Park National Heritage Area, comprised initially of 

the individuals, agencies, organizations, and 

governments that were involved in the planning and development of the Heritage Area 

before the date of enactment of this Act. 

(2) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the South Park National Heritage Area established by subsection (b)(1). 

(3) MANAGEMENT ENTITY.—The term ‘‘management entity’’ means the management entity for the Heritage Area designated by subsection (b)(4)(A). 

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required by subsection 

(d). 

(5) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘South Park National Heritage 

Area Map (Proposed)’’, dated January 30, 

2006. 

(6) PARTNER.—The term ‘‘partner’’ means a 

Federal, State, or local governmental entity, 

organization, private industry, educational 

institution, or individual involved in the 

conservation, preservation, interpretation, 

development or promotion of heritage sites 

or resources of the Heritage Area. 

(7) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Colorado. 

(9) TECHNICAL ASSISTANCE.—The term 

‘‘technical assistance’’ means any guidance, 

advice, help, or aid, other than financial assistance, provided by the Secretary. 

(b) SOUTH PARK NATIONAL HERITAGE

AREA.— 

(1) ESTABLISHMENT.—There is established 

in the State the South Park National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall 

consist of the areas included in the map. 

(3) MAP.—A map of the Heritage Area shall 

be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the appropriate offices of the National Park Service. 

(4) MANAGEMENT ENTITY.— 

(A) IN GENERAL.—The management entity 

for the Heritage Area shall be the Park 

County Tourism & Community Development 

Office, in conjunction with the South Park 

National Heritage Area Board of Directors. 

(B) MEMBERSHIP REQUIREMENTS.—Members 

of the Board shall include representatives 

from a broad cross-section of individuals, 

agencies, organizations, and governments 

that were involved in the planning and development of the Heritage Area before the date 

of enactment of this Act. 

(c) ADMINISTRATION.— 

(1) PROHIBITION ON THE ACQUISITION OF REAL

PROPERTY.—The management entity shall 

not use Federal funds made available under 

this section to acquire real property or any 

interest in real property. 

(2) AUTHORITIES.—For purposes of carrying 

out the management plan, the Secretary, 

acting through the management entity, may 

use amounts made available under this section to— 

(A) make grants to the State or a political 

subdivision of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State or a political subdivision of the State, 

nonprofit organizations, and other interested 

parties; 

(C) hire and compensate staff, which shall 

include individuals with expertise in natural, 

cultural, and historical resources protection, 

fundraising, heritage facility planning and 

development, and heritage tourism programming; 

(D) obtain funds or services from any 

source, including funds or services that are 

provided under any other Federal law or program; 

(E) enter into contracts for goods or services; and 

(F) to facilitate the conduct of other 

projects and activities that further the Heritage Area and are consistent with the approved management plan. 

(3) DUTIES.—The management entity 

shall— 

(A) in accordance with subsection (d), prepare and submit a management plan for the 

Heritage Area to the Secretary; 

(B) assist units of local government, local 

property owners and businesses, and nonprofit organizations in carrying out the approved management plan by— 

(i) carrying out programs and projects that 

recognize, protect, enhance, and promote important resource values in the Heritage 

Area; 

(ii) establishing and maintaining interpretive exhibits and programs in the Heritage 

Area; 

(iii) developing economic, recreational and 

educational opportunities in the Heritage 

Area; 

(iv) increasing public awareness of, and appreciation for, historical, cultural, scenic, 

recreational, agricultural, and natural resources of the Heritage Area; 

(v) protecting and restoring historic sites 

and buildings in the Heritage Area that are 

consistent with Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public 

access, and sites of interest are posted 

throughout the Heritage Area; 

(vii) promoting a wide range of partnerships among governments, organizations, 

and individuals to further the Heritage Area; 

and 

(viii) planning and developing new heritage 

attractions, products and services; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least semiannually regarding the development and implementation of the management plan; 

(E) for any year for which Federal funds 

have been received under this section— 

(i) submit to the Secretary an annual report that describes the activities, expenses, 

and income of the management entity (including grants to any other entities during 

the year that the report is made); 

(ii) make available to the Secretary for 

audit all records relating to the expenditure 

of the Federal funds and any matching funds; 

and 

(iii) require, with respect to all agreements 

authorizing expenditure of Federal funds by 

other organizations, that the organizations 

receiving the funds make available to the 

Secretary for audit all records concerning 

the expenditure of the funds; and 

(F) encourage by appropriate means economic viability that is consistent with the 

Heritage Area. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the cost of any activity carried 

out using any assistance made available 

under this section shall be 50 percent. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

management entity, with public participation, shall submit to the Secretary for approval a proposed management plan for the 

Heritage Area. 

(2) REQUIREMENTS.—The management plan 

shall— 

(A) incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, 

recreational, agricultural, and natural resources of the Heritage Area; 

(B) take into consideration State and local 

plans; 

(C) include— 

(i) an inventory of— 

(I) the resources located within the areas 

included in the map; and 

(II) any other eligible and participating 

property within the areas included in the 

map that— 

(aa) is related to the themes of the Heritage Area; and 

(bb) should be preserved, restored, managed, maintained, developed, or promoted because of the significance of the property; 

(ii) comprehensive policies, strategies, and 

recommendations for conservation, funding, 

management, development, and promotion of 

the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals 

have agreed to take to manage protect the 

historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; 

(iv) a program of implementation for the 

management plan by the management entity 

that includes a description of— 


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(I) actions to facilitate ongoing and effective collaboration among partners to promote plans for resource protection, enhancement, interpretation, restoration, and construction; and 

(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; 

(v) the identification of sources of funding 

for carrying out the management plan; 

(vi) an analysis of and recommendations 

for means by which Federal, State, and local 

programs, including the role of the National 

Park Service in the Heritage Area, may best 

be coordinated to carry out this section; and 

(vii) an interpretive plan for the Heritage 

Area; and 

(D) recommend policies and strategies for 

resource management that consider and detail the application of appropriate land and 

water management techniques, including the 

development of intergovernmental and interagency cooperative agreements to protect 

the historical, cultural, scenic, recreational, 

agricultural, and natural resources of the 

Heritage Area. 

(3) DEADLINE.—If a proposed management 

plan is not submitted to the Secretary by 

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

shall be ineligible to receive additional funding under this section until the date on 

which the Secretary receives and approves 

the management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of receipt of the management 

plan under paragraph (1), the Secretary, in 

consultation with the State, shall approve or 

disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the management entity is representative of the diverse interests of the Heritage 

Area, including governments, natural and 

historical resource protection organizations, 

educational institutions, local businesses 

and industries, community organizations, 

recreational organizations, and tourism organizations; 

(ii) the management entity has afforded 

adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management 

plan; and 

(iii) strategies contained in the management plan, if implemented, would adequately 

balance the voluntary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and 

agricultural resources of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the 

Secretary disapproves the management plan 

under subparagraph (A), the Secretary 

shall— 

(i) advise the management entity in writing of the reasons for the disapproval; 

(ii) make recommendations for revisions to 

the management plan; and 

(iii) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—The Secretary shall approve or disapprove each amendment to the 

management plan that the Secretary determines makes a substantial change to the 

management plan. 

(ii) USE OF FUNDS.—The management entity shall not use Federal funds authorized by 

this section to carry out any amendments to 

the management plan until the Secretary 

has approved the amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—The 

head of any Federal agency planning to conduct activities that may have an impact on 

the Heritage Area is encouraged to consult 

and coordinate the activities with the Secretary and the management entity to the 

maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any law or 

regulation authorizing a Federal agency to 

manage Federal land under the jurisdiction 

of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any property 

owner (whether public or private), including 

the right to refrain from participating in any 

plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit 

public access (including access by Federal, 

State, or local agencies) to the property of 

the property owner, or to modify public access or use of property of the property owner 

under any other Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or 

local agency, or conveys any land use or 

other regulatory authority to the management entity; 

(4) authorizes or implies the reservation or 

appropriation of water or water rights; 

(5) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(6) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(g) EVALUATION; REPORT.— 

(1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area, 

the Secretary shall— 

(A) conduct an evaluation of the accomplishments of the Heritage Area; and 

(B) prepare a report in accordance with 

paragraph (3). 

(2) EVALUATION.—An evaluation conducted 

under paragraph (1)(A) shall— 

(A) assess the progress of the management 

entity with respect to— 

(i) accomplishing the purposes of this section for the Heritage Area; and 

(ii) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(C) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation 

conducted under paragraph (1)(A), the Secretary shall prepare a report that includes 

recommendations for the future role of the 

National Park Service, if any, with respect 

to the Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under subparagraph (A) recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(i) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(ii) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $10,000,000, of which 

not more than $1,000,000 may be made available for any fiscal year. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH DAKOTA. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Northern Plains National 

Heritage Area established by subsection 

(b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the 

Northern Plains Heritage Foundation, the 

local coordinating entity for the Heritage 

Area designated by subsection (c)(1). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (d). 

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

means the Secretary of the Interior. 

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

State of North Dakota. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the 

Northern Plains National Heritage Area in 

the State of North Dakota. 

(2) BOUNDARIES.—The Heritage Area shall 

consist of— 

(A) a core area of resources in Burleigh, 

McLean, Mercer, Morton, and Oliver Counties in the State; and 

(B) any sites, buildings, and districts within the core area recommended by the management plan for inclusion in the Heritage 

Area. 

(3) MAP.—A map of the Heritage Area shall 

be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the appropriate offices of the local 

coordinating entity and the National Park 

Service. 

(c) LOCAL COORDINATING ENTITY.— 

(1) IN GENERAL.—The local coordinating entity for the Heritage Area shall be the 

Northern Plains Heritage Foundation, a nonprofit corporation established under the laws 

of the State. 

(2) DUTIES.—To further the purposes of the 

Heritage Area, the Northern Plains Heritage 

Foundation, as the local coordinating entity, 

shall— 

(A) prepare a management plan for the 

Heritage Area, and submit the management 

plan to the Secretary, in accordance with 

this section; 

(B) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section, specifying— 


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(i) the specific performance goals and accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(C) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; and 

(D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area. 

(3) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the Heritage Area, the 

local coordinating entity may use Federal 

funds made available under this section to— 

(A) make grants to political jurisdictions, 

nonprofit organizations, and other parties 

within the Heritage Area; 

(B) enter into cooperative agreements with 

or provide technical assistance to political 

jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(C) hire and compensate staff, including individuals with expertise in— 

(i) natural, historical, cultural, educational, scenic, and recreational resource 

conservation; 

(ii) economic and community development; 

and 

(iii) heritage planning; 

(D) obtain funds or services from any 

source, including other Federal programs; 

(E) contract for goods or services; and 

(F) support activities of partners and any 

other activities that further the purposes of 

the Heritage Area and are consistent with 

the approved management plan. 

(4) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds authorized to be 

appropriated under this section to acquire 

any interest in real property. 

(5) OTHER SOURCES.—Nothing in this section precludes the local coordinating entity 

from using Federal funds from other sources 

for authorized purposes. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date of enactment of this Act, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for telling 

the story of the heritage of the area covered 

by the Heritage Area and encouraging longterm resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; 

(B) include a description of actions and 

commitments that Federal, State, tribal, 

and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop 

the natural, historical, cultural, educational, 

scenic, and recreational resources of the Heritage Area; 

(C) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(D) include an inventory of the natural, 

historical, cultural, educational, scenic, and 

recreational resources of the Heritage Area 

relating to the national importance and 

themes of the Heritage Area that should be 

protected, enhanced, interpreted, managed, 

funded, and developed; 

(E) recommend policies and strategies for 

resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; 

(F) describe a program for implementation 

for the management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, interpretation, funding, management, 

and development; and 

(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual; 

(G) include an analysis of, and recommendations for, means by which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to 

further the purposes of this section; and 

(H) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and of each of the major activities described in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) DEADLINE.— 

(A) IN GENERAL.—Not later than 3 years 

after the date on which funds are first made 

available to develop the management plan 

after designation of the Heritage Area, the 

local coordinating entity shall submit the 

management plan to the Secretary for approval. 

(B) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with subparagraph (A), 

the local coordinating entity shall not qualify for any additional financial assistance 

under this section until such time as the 

management plan is submitted to and approved by the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

receiving the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on the basis 

of the criteria established under subparagraph (B). 

(B) CRITERIA FOR APPROVAL.—In determining whether to approve a management 

plan for the Heritage Area, the Secretary 

shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including Federal, State, tribal, and local 

governments, natural, and historic resource 

protection organizations, educational institutions, businesses, recreational organizations, community residents, and private 

property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local 

governmental involvement (including 

through workshops and hearings) in the 

preparation of the management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation 

of the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and 

development strategies described in the 

management plan, if implemented, would 

adequately protect, enhance, interpret, fund, 

manage, and develop the natural, historic, 

cultural, educational, scenic, and recreational resources of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal land under public land laws or land 

use plans; 

(v) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(vi) the Secretary has received adequate 

assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of 

the State, tribal, and local elements of the 

management plan; and 

(vii) the management plan demonstrates 

partnerships among the local coordinating 

entity, Federal, State, tribal, and local governments, regional planning organizations, 

nonprofit organizations, or private sector 

parties for implementation of the management plan. 

(C) DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to 

implement an amendment to the management plan until the Secretary approves the 

amendment. 

(E) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under this 

section for the development and implementation of the management plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide financial assistance and, on a reimbursable or nonreimbursable basis, technical 

assistance to the local coordinating entity to 

develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage 

Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, cultural, and scenic resources of the 

Heritage Area; and 

(ii) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Heritage Area. 

(3) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 


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any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(4) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies or alters any laws (including 

regulations) authorizing a Federal agency to 

manage Federal land under the jurisdiction 

of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any owner of public or private property, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including access 

by Federal, State, or local agencies) to the 

property of the property owner; or 

(B) modify public access to, or use of, the 

property of the property owner under any 

other Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(7) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(g) EVALUATION; REPORT.— 

(1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (i), the Secretary shall— 

(A) conduct an evaluation of the accomplishments of the Heritage Area; and 

(B) prepare a report in accordance with 

paragraph (3). 

(2) EVALUATION.—An evaluation conducted 

under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity with respect to— 

(i) accomplishing the purposes of this section for the Heritage Area; and 

(ii) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(C) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation 

conducted under paragraph (1)(A), the Secretary shall prepare a report that includes 

recommendations for the future role of the 

National Park Service, if any, with respect 

to the Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under subparagraph (A) recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(i) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(ii) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution 

may be in the form of in-kind contributions 

of goods or services fairly valued. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

SEC. 8005. BALTIMORE NATIONAL HERITAGE 

AREA, MARYLAND. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Baltimore National Heritage Area, established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the local 

coordinating entity for the Heritage Area 

designated by subsection (b)(4). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (c)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Baltimore National Heritage 

Area’’, numbered T10/80,000, and dated October 2007. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

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

State of Maryland. 

(b) BALTIMORE NATIONAL HERITAGE AREA.— 

(1) ESTABLISHMENT.—There is established 

the Baltimore National Heritage Area in the 

State. 

(2) BOUNDARIES.—The Heritage Area shall 

be comprised of the following areas, as described on the map: 

(A) The area encompassing the Baltimore 

City Heritage Area certified by the Maryland 

Heritage Areas Authority in October 2001 as 

part of the Baltimore City Heritage Area 

Management Action Plan. 

(B) The Mount Auburn Cemetery. 

(C) The Cylburn Arboretum. 

(D) The Middle Branch of the Patapsco 

River and surrounding shoreline, including— 

(i) the Cruise Maryland Terminal; 

(ii) new marina construction; 

(iii) the National Aquarium Aquatic Life 

Center; 

(iv) the Westport Redevelopment; 

(v) the Gwynns Falls Trail; 

(vi) the Baltimore Rowing Club; and 

(vii) the Masonville Cove Environmental 

Center. 

(3) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service and the Baltimore Heritage 

Area Association. 

(4) LOCAL COORDINATING ENTITY.—The Baltimore Heritage Area Association shall be 

the local coordinating entity for the Heritage Area. 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating entity 

shall— 

(A) prepare, and submit to the Secretary, 

in accordance with subsection (d), a management plan for the Heritage Area; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in implementing the approved 

management plan by— 

(i) carrying out programs and projects that 

recognize, protect, and enhance important 

resource values within the Heritage Area; 

(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and 

cultural resources of the Heritage Area; 

(v) protecting and restoring historic sites 

and buildings in the Heritage Area that are 

consistent with the themes of the Heritage 

Area; 

(vi) ensuring that signs identifying points 

of public access and sites of interest are 

posted throughout the Heritage Area; and 

(vii) promoting a wide range of partnerships among governments, organizations, 

and individuals to further the purposes of 

the Heritage Area; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least semiannually regarding the development and implementation of the management plan; 

(E) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section specifying— 

(i) the accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(F) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; 

(G) require in all agreements authorizing 

expenditures of Federal funds by other organizations, that the receiving organizations 

make available for audit all records and 

other information pertaining to the expenditure of the funds; and 

(H) encourage, by appropriate means, economic development that is consistent with 

the purposes of the Heritage Area. 

(2) AUTHORITIES.—The local coordinating 

entity may, subject to the prior approval of 

the Secretary, for the purposes of preparing 

and implementing the management plan, use 

Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State, political subdivisions of the State, 

nonprofit organizations, Federal agencies, 

and other interested parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any 

source, including funds and services provided 

under any other Federal law or program; 


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(E) contract for goods or services; and 

(F) support activities of partners and any 

other activities that further the purposes of 

the Heritage Area and are consistent with 

the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds received under 

this section to acquire any interest in real 

property. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to develop the management plan, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for telling 

the story of the heritage of the region and 

encouraging long-term resource protection, 

enhancement, interpretation, funding, management, and development of the Heritage 

Area; 

(B) take into consideration existing State, 

county, and local plans in the development 

and implementation of the management 

plan; 

(C) include a description of actions and 

commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the 

Heritage Area; 

(D) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(E) include an inventory of the natural, 

historic, cultural, educational, scenic, and 

recreational resources of the Heritage Area 

relating to the stories and themes of the region that should be protected, enhanced, 

managed, or developed; 

(F) recommend policies and strategies for 

resource management including, the development of intergovernmental and interagency agreements to protect the natural, 

historic, cultural, educational, scenic, and 

recreational resources of the Heritage Area; 

(G) describe a program for implementation 

of the management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, and interpretation; and 

(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual; 

(H) include an analysis of, and recommendations for, ways in which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to 

further the purposes of this section; 

(I) include an interpretive plan for the Heritage Area; and 

(J) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and of each of the major activities described in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with this section, the 

local coordinating entity shall not qualify 

for additional financial assistance under this 

section until the management plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

the date on which the Secretary receives the 

management plan, the Secretary shall approve or disapprove the management plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall consult with the Governor of the 

State and any tribal government in which 

the Heritage Area is located before approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including governments, natural and historic 

resource protection organizations, educational institutions, businesses, community 

residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and 

governmental involvement (including 

through workshops and public meetings) in 

the preparation of the management plan; 

(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately 

protect the natural, historic, and cultural resources of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal or tribal land under applicable laws 

or land use plans; 

(v) the Secretary has received adequate assurances from the appropriate State, tribal, 

and local officials whose support is needed to 

ensure the effective implementation of the 

State, tribal, and local aspects of the management plan; and 

(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to 

implement an amendment to the management plan until the Secretary approves the 

amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide technical and financial assistance, 

on a reimbursable or nonreimbursable basis 

(as determined by the Secretary), to the 

local coordinating entity to develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage 

Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, cultural, and scenic resources of the 

Heritage Area; and 

(ii) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Heritage Area. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (i), the Secretary shall— 

(i) conduct an evaluation of the accomplishments of the Heritage Area; and 

(ii) prepare a report with recommendations 

for the future role of the National Park 

Service, if any, with respect to the Heritage 

Area, in accordance with subparagraph (C). 

(B) EVALUATION.—An evaluation conducted 

under subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating entity with respect to— 

(I) accomplishing the purposes of this section for the Heritage Area; and 

(II) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(iii) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation 

conducted under subparagraph (A)(i), the 

Secretary shall prepare a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared under this subparagraph recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(II) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of a report under this subparagraph, the 

Secretary shall submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any laws 

(including regulations) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(g) PROPERTY OWNERS AND REGULATORY

PROTECTIONS.—Nothing in this section— 


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(1) abridges the rights of any owner of public or private property, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, or local law with regard to public 

access or use of private land; 

(3) alters any duly adopted land use regulations, approved land use plan, or any other 

regulatory authority of any Federal, State, 

or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(7) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions of goods or services fairly valued. 

(i) TERMINATION OF EFFECTIVENESS.—The 

authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE 

AREA, MASSACHUSETTS AND NEW 

HAMPSHIRE. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to foster a close working relationship 

between the Secretary and all levels of government, the private sector, and local communities in the States of Massachusetts and 

New Hampshire; 

(2) to assist the entities described in paragraph (1) to preserve the special historic 

identity of the Heritage Area; and 

(3) to manage, preserve, protect, and interpret the cultural, historic, and natural resources of the Heritage Area for the educational and inspirational benefit of future 

generations. 

(b) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Freedom’s Way National 

Heritage Area established by subsection 

(c)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the local 

coordinating entity for the Heritage Area 

designated by subsection (c)(4). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (d)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Freedom’s Way National Heritage 

Area’’, numbered T04/80,000, and dated July 

2007. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the 

Freedom’s Way National Heritage Area in 

the States of Massachusetts and New Hampshire. 

(2) BOUNDARIES.— 

(A) IN GENERAL.—The boundaries of the 

Heritage Area shall be as generally depicted 

on the map. 

(B) REVISION.—The boundaries of the Heritage Area may be revised if the revision is— 

(i) proposed in the management plan; 

(ii) approved by the Secretary in accordance with subsection (e)(4); and 

(iii) placed on file in accordance with paragraph (3). 

(3) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the appropriate offices of the National 

Park Service and the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The Freedom’s Way Heritage Association, Inc., shall 

be the local coordinating entity for the Heritage Area. 

(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating entity 

shall— 

(A) prepare, and submit to the Secretary, 

in accordance with subsection (e), a management plan for the Heritage Area; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in implementing the approved 

management plan by— 

(i) carrying out programs and projects that 

recognize and protect important resource 

values within the Heritage Area; 

(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, and cultural 

resources of the Heritage Area; 

(v) protecting and restoring historic buildings in the Heritage Area that are consistent 

with the themes of the Heritage Area; and 

(vi) ensuring that signs identifying points 

of public access and sites of interest are 

posted throughout the Heritage Area; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least quarterly regarding the development 

and implementation of the management 

plan; 

(E) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section specifying— 

(i) the accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(F) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; 

(G) require in all agreements authorizing 

expenditures of Federal funds by other organizations, that the receiving organizations 

make available for audit all records and 

other information pertaining to the expenditure of the funds; and 

(H) encourage, by appropriate means, economic development that is consistent with 

the purposes of the Heritage Area. 

(2) AUTHORITIES.—The local coordinating 

entity may, subject to the prior approval of 

the Secretary, for the purposes of preparing 

and implementing the management plan, use 

Federal funds made available under this section to— 

(A) make grants to the States of Massachusetts and New Hampshire, political subdivisions of the States, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

States of Massachusetts and New Hampshire, 

political subdivisions of the States, nonprofit organizations, Federal agencies, and 

other interested parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any 

source, including funds and services provided 

under any other Federal law or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any 

other activities that further the purposes of 

the Heritage Area and are consistent with 

the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds received under 

this section to acquire any interest in real 

property. 

(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY.—The local coordinating entity may 

use Federal funds made available under this 

section to assist non-Federal property that 

is— 

(A) described in the management plan; or 

(B) listed, or eligible for listing, on the National Register of Historic Places. 

(e) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to develop the management plan, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; 

(B) take into consideration existing State, 

county, and local plans in the development 

and implementation of the management 

plan; 

(C) provide a framework for coordination 

of the plans considered under subparagraph 

(B) to present a unified historic preservation 

and interpretation plan; 

(D) contain the contributions of residents, 

public agencies, and private organizations 

within the Heritage Area; 

(E) include a description of actions and 

commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the 

Heritage Area; 

(F) specify existing and potential sources 

of funding or economic development strategies to conserve, manage, and develop the 

Heritage Area; 

(G) include an inventory of the natural, 

historic, and recreational resources of the 

Heritage Area, including a list of properties 

that— 

(i) are related to the themes of the Heritage Area; and 

(ii) should be conserved, restored, managed, developed, or maintained; 

(H) recommend policies and strategies for 

resource management that— 

(i) apply appropriate land and water management techniques; 


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(ii) include the development of intergovernmental and interagency agreements to 

protect the natural, historic, and cultural resources of the Heritage Area; and 

(iii) support economic revitalization efforts; 

(I) describe a program for implementation 

of the management plan, including— 

(i) restoration and construction plans or 

goals; 

(ii) a program of public involvement; 

(iii) annual work plans; and 

(iv) annual reports; 

(J) include an analysis of, and recommendations for, ways in which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to 

further the purposes of this section; 

(K) include an interpretive plan for the 

Heritage Area; and 

(L) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and of each of the major activities described in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with this section, the 

local coordinating entity shall not qualify 

for additional financial assistance under this 

section until the management plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

the date on which the Secretary receives the 

management plan, the Secretary shall approve or disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including governments, natural and historic 

resource protection organizations, educational institutions, businesses, community 

residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and 

governmental involvement (including 

through workshops and public meetings) in 

the preparation of the management plan; 

(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately 

protect the natural, historic, and cultural resources of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal or tribal land under applicable laws 

or land use plans; 

(v) the Secretary has received adequate assurances from the appropriate State, tribal, 

and local officials whose support is needed to 

ensure the effective implementation of the 

State, tribal, and local aspects of the management plan; and 

(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. 

(C) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to 

implement an amendment to the management plan until the Secretary approves the 

amendment. 

(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide technical and financial assistance, 

on a reimbursable or nonreimbursable basis 

(as determined by the Secretary), to the 

local coordinating entity to develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage 

Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, and cultural resources of the Heritage 

Area; and 

(ii) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Heritage Area. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (j), the Secretary shall— 

(i) conduct an evaluation of the accomplishments of the Heritage Area; and 

(ii) prepare a report with recommendations 

for the future role of the National Park 

Service, if any, with respect to the Heritage 

Area, in accordance with subparagraph (C). 

(B) EVALUATION.—An evaluation conducted 

under subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating entity with respect to— 

(I) accomplishing the purposes of this section for the Heritage Area; and 

(II) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(iii) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation 

conducted under subparagraph (A)(i), the 

Secretary shall prepare a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared under this subparagraph recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(II) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of a report under this subparagraph, the 

Secretary shall submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any laws 

(including regulations) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(h) PROPERTY OWNERS AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any owner of public or private property, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, or local law with regard to public 

access or use of private land; 

(3) alters any duly adopted land use regulations, approved land use plan, or any other 

regulatory authority of any Federal, State, 

or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the States 

of Massachusetts and New Hampshire to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(7) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(i) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) AVAILABILITY.—Funds made available 

under paragraph (1) shall remain available 

until expended. 

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution 

may be in the form of in-kind contributions 

of goods or services fairly valued. 

(j) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of the Secretary to 

provide financial assistance under this section terminates on the date that is 15 years 

after the date of enactment of this Act. 


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SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Mississippi Hills National 

Heritage Area established by subsection 

(b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the local 

coordinating entity for Heritage Area designated by subsection (b)(3)(A). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area required under subsection (c)(1)(A). 

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

means the Secretary of the Interior. 

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

State of Mississippi. 

(b) MISSISSIPPI HILLS NATIONAL HERITAGE

AREA.— 

(1) ESTABLISHMENT.—There is established 

the Mississippi Hills National Heritage Area 

in the State. 

(2) BOUNDARIES.— 

(A) AFFECTED COUNTIES.—The Heritage 

Area shall consist of all, or portions of, as 

specified by the boundary description in subparagraph (B), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, 

DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, 

Pontotoc, Prentiss, Tate, Tippah, 

Tishomingo, Union, Webster, Winston, and 

Yalobusha Counties in the State. 

(B) BOUNDARY DESCRIPTION.—The Heritage 

Area shall have the following boundary description: 

(i) traveling counterclockwise, the Heritage Area shall be bounded to the west by 

U.S. Highway 51 from the Tennessee State 

line until it intersects Interstate 55 (at 

Geeslin Corner approximately 1⁄2 mile due 

north of Highway Interchange 208); 

(ii) from this point, Interstate 55 shall be 

the western boundary until it intersects with 

Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be 

the southwest terminus of the Heritage 

Area; 

(iii) from the southwest terminus, the 

boundary shall— 

(I) extend east along Mississippi Highway 

12 until it intersects U.S. Highway 51; 

(II) follow Highway 51 south until it is 

intersected again by Highway 12; 

(III) extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35; 

(IV) follow Highway 35 south until it is 

intersected by Mississippi Highway 14; and 

(V) extend along Highway 14 until it 

reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area; 

(iv) from the southeast terminus, the 

boundary of the Heritage Area shall follow 

the Mississippi-Alabama State line until it 

reaches the Mississippi-Tennessee State line, 

the intersection of which shall be the northeast terminus of the Heritage Area; and 

(v) the boundary shall extend due west 

until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area. 

(3) LOCAL COORDINATING ENTITY.— 

(A) IN GENERAL.—The local coordinating 

entity for the Heritage Area shall be the 

Mississippi Hills Heritage Area Alliance, a 

nonprofit organization registered by the 

State, with the cooperation and support of 

the University of Mississippi. 

(B) BOARD OF DIRECTORS.— 

(i) IN GENERAL.—The local coordinating entity shall be governed by a Board of Directors comprised of not more than 30 members. 

(ii) COMPOSITION.—Members of the Board of 

Directors shall consist of— 

(I) not more than 1 representative from 

each of the counties described in paragraph 

(2)(A); and 

(II) any ex-officio members that may be 

appointed by the Board of Directors, as the 

Board of Directors determines to be necessary. 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating entity 

shall— 

(A) prepare, and submit to the Secretary, 

in accordance with subsection (d), a management plan for the Heritage Area; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in implementing the approved 

management plan by— 

(i) establishing and maintaining interpretive exhibits and programs within the Heritage Area; 

(ii) developing recreational opportunities 

in the Heritage Area; 

(iii) increasing public awareness of, and appreciation for, natural, historical, cultural, 

archaeological, and recreational resources of 

the Heritage Area; 

(iv) restoring historic sites and buildings 

in the Heritage Area that are consistent 

with the themes of the Heritage Area; and 

(v) carrying out any other activity that 

the local coordinating entity determines to 

be consistent with this section; 

(C) conduct meetings open to the public at 

least annually regarding the development 

and implementation of the management 

plan; 

(D) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section specifying— 

(i) the accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(E) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; 

(F) require in all agreements authorizing 

expenditures of Federal funds by other organizations, that the receiving organizations 

make available for audit all records and 

other information pertaining to the expenditure of the funds; and 

(G) ensure that each county included in 

the Heritage Area is appropriately represented on any oversight advisory committee established under this section to coordinate the Heritage Area. 

(2) AUTHORITIES.—The local coordinating 

entity may, subject to the prior approval of 

the Secretary, for the purposes of preparing 

and implementing the management plan, use 

Federal funds made available under this section to— 

(A) make grants and loans to the State, political subdivisions of the State, nonprofit 

organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State, political subdivisions of the State, 

nonprofit organizations, and other organizations; 

(C) hire and compensate staff; 

(D) obtain funds or services from any 

source, including funds and services provided 

under any other Federal law or program; and 

(E) contract for goods or services. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds received under 

this section to acquire any interest in real 

property. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to develop the management plan, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; 

(B) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(C) include— 

(i) an inventory of the natural, historical, 

cultural, archaeological, and recreational resources of the Heritage Area; and 

(ii) an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this section; 

(D) provide recommendations for educational and interpretive programs to provide information to the public on the resources of the Heritage Area; and 

(E) involve residents of affected communities and tribal and local governments. 

(3) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with this subsection, 

the local coordinating entity shall not qualify for additional financial assistance under 

this section until the management plan is 

submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

the date on which the Secretary receives the 

management plan, the Secretary shall approve or disapprove the management plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall consult with the Governor of the 

State and any tribal government in which 

the Heritage Area is located before approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including governments, natural and historical resource protection organizations, educational institutions, businesses, community 

residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and 

governmental involvement (including 

through workshops and public meetings) in 

the preparation of the management plan; 

(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately 

protect the natural, historical, cultural, archaeological, and recreational resources of 

the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal or tribal land under applicable laws 

or land use plans; 

(v) the Secretary has received adequate assurances from the appropriate State, tribal, 

and local officials whose support is needed to 

ensure the effective implementation of the 


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State, tribal, and local aspects of the management plan; and 

(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(E) REVIEW; AMENDMENTS.— 

(i) IN GENERAL.—After approval by the Secretary of the management plan, the Alliance 

shall periodically— 

(I) review the management plan; and 

(II) submit to the Secretary, for review and 

approval by the Secretary, any recommendations for revisions to the management plan. 

(ii) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(iii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to 

implement an amendment to the management plan until the Secretary approves the 

amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide technical and financial assistance, 

on a reimbursable or nonreimbursable basis 

(as determined by the Secretary), to the 

local coordinating entity to develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage 

Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; and 

(ii) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Heritage Area. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (i), the Secretary shall— 

(i) conduct an evaluation of the accomplishments of the Heritage Area; and 

(ii) prepare a report with recommendations 

for the future role of the National Park 

Service, if any, with respect to the Heritage 

Area, in accordance with subparagraph (C). 

(B) EVALUATION.—An evaluation conducted 

under subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating entity with respect to— 

(I) accomplishing the purposes of this section for the Heritage Area; and 

(II) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(iii) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation 

conducted under subparagraph (A)(i), the 

Secretary shall prepare a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared under this subparagraph recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(II) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of a report under this subparagraph, the 

Secretary shall submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any laws 

(including regulations) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(g) EFFECT.— 

(1) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—Nothing in this section— 

(A) abridges the rights of any owner of 

public or private property, including the 

right to refrain from participating in any 

plan, project, program, or activity conducted 

within the Heritage Area; 

(B) requires any property owner to— 

(i) permit public access (including Federal, 

tribal, State, or local government access) to 

the property; or 

(ii) modify any provisions of Federal, tribal, State, or local law with regard to public 

access or use of private land; 

(C) alters any duly adopted land use regulations, approved land use plan, or any other 

regulatory authority of any Federal, State, 

or local agency, or tribal government; 

(D) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(E) authorizes or implies the reservation or 

appropriation of water or water rights; 

(F) diminishes the authority of the State 

to manage fish and wildlife, including the 

regulation of fishing and hunting within the 

Heritage Area; or 

(G) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(2) NO EFFECT ON INDIAN TRIBES.—Nothing 

in this section— 

(A) restricts an Indian tribe from protecting cultural or religious sites on tribal 

land; or 

(B) diminishes the trust responsibilities or 

government-to-government obligations of 

the United States to any Indian tribe recognized by the Federal Government. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended. 

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions of goods or services fairly valued. 

(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of the Secretary to 

provide financial assistance under this section terminates on the date that is 15 years 

after the date of enactment of this Act. 

SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the 

Board of Directors of the local coordinating 

entity. 

(2) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Mississippi Delta National 

Heritage Area established by subsection 

(b)(1). 

(3) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the local 

coordinating entity for the Heritage Area 

designated by subsection (b)(4)(A). 

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan 

for the Heritage Area developed under subsection (d). 

(5) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Mississippi Delta National Heritage Area’’, numbered T13/80,000, and dated 

April 2008. 

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

means the Secretary of the Interior. 

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

State of Mississippi. 

(b) ESTABLISHMENT.— 

(1) ESTABLISHMENT.—There is established 

in the State the Mississippi Delta National 

Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall 

include all counties in the State that contain land located in the alluvial floodplain of 

the Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, 

Issaquena, Leflore, Panola, Quitman, 

Sharkey, Sunflower, Tallahatchie, Tate, 

Tunica, Warren, Washington, and Yazoo 

Counties in the State, as depicted on the 

map. 

(3) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in the office of the Director of the National 

Park Service. 

(4) LOCAL COORDINATING ENTITY.— 

(A) DESIGNATION.—The Mississippi Delta 

National Heritage Area Partnership shall be 

the local coordinating entity for the Heritage Area. 

(B) BOARD OF DIRECTORS.— 

(i) COMPOSITION.— 

(I) IN GENERAL.—The local coordinating entity shall be governed by a Board of Directors composed of 15 members, of whom— 

(aa) 1 member shall be appointed by Delta 

State University; 


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(bb) 1 member shall be appointed by Mississippi Valley State University; 

(cc) 1 member shall be appointed by Alcorn 

State University; 

(dd) 1 member shall be appointed by the 

Delta Foundation; 

(ee) 1 member shall be appointed by the 

Smith Robertson Museum; 

(ff) 1 member shall be appointed from the 

office of the Governor of the State; 

(gg) 1 member shall be appointed by Delta 

Council; 

(hh) 1 member shall be appointed from the 

Mississippi Arts Commission; 

(ii) 1 member shall be appointed from the 

Mississippi Department of Archives and History; 

(jj) 1 member shall be appointed from the 

Mississippi Humanities Council; and 

(kk) up to 5 additional members shall be 

appointed for staggered 1- and 2-year terms 

by County boards in the Heritage Area. 

(II) RESIDENCY REQUIREMENTS.—At least 7 

members of the Board shall reside in the 

Heritage Area. 

(ii) OFFICERS.— 

(I) IN GENERAL.—At the initial meeting of 

the Board, the members of the Board shall 

appoint a Chairperson, Vice Chairperson, and 

Secretary/Treasurer. 

(II) DUTIES.— 

(aa) CHAIRPERSON.—The duties of the 

Chairperson shall include— 

(AA) presiding over meetings of the Board; 

(BB) executing documents of the Board; 

and 

(CC) coordinating activities of the Heritage Area with Federal, State, local, and nongovernmental officials. 

(bb) VICE CHAIRPERSON.—The Vice Chairperson shall act as Chairperson in the absence or disability of the Chairperson. 

(iii) MANAGEMENT AUTHORITY.— 

(I) IN GENERAL.—The Board shall— 

(aa) exercise all corporate powers of the 

local coordinating entity; 

(bb) manage the activities and affairs of 

the local coordinating entity; and 

(cc) subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and any other applicable 

Federal or State law, establish the policies 

of the local coordinating entity. 

(II) STAFF.—The Board shall have the authority to employ any services and staff that 

are determined to be necessary by a majority 

vote of the Board. 

(iv) BYLAWS.— 

(I) IN GENERAL.—The Board may amend or 

repeal the bylaws of the local coordinating 

entity at any meeting of the Board by a majority vote of the Board. 

(II) NOTICE.—The Board shall provide notice of any meeting of the Board at which an 

amendment to the bylaws is to be considered 

that includes the text or a summary of the 

proposed amendment. 

(v) MINUTES.—Not later than 60 days after 

a meeting of the Board, the Board shall distribute the minutes of the meeting among 

all Board members and the county supervisors in each county within the Heritage 

Area. 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating entity 

shall— 

(A) prepare, and submit to the Secretary, 

in accordance with subsection (d), a management plan for the Heritage Area; 

(B) assist units of local government, regional planning organizations, and nonprofit 

organizations in implementing the approved 

management plan by— 

(i) carrying out programs and projects that 

recognize, protect, and enhance important 

resource values within the Heritage Area; 

(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and 

cultural resources of the Heritage Area; 

(v) protecting and restoring historic sites 

and buildings in the Heritage Area that are 

consistent with the themes of the Heritage 

Area; 

(vi) ensuring that signs identifying points 

of public access and sites of interest are 

posted throughout the Heritage Area; and 

(vii) promoting a wide range of partnerships among governments, organizations, 

and individuals to further the purposes of 

the Heritage Area; 

(C) consider the interests of diverse units 

of government, businesses, organizations, 

and individuals in the Heritage Area in the 

preparation and implementation of the management plan; 

(D) conduct meetings open to the public at 

least semiannually regarding the development and implementation of the management plan; 

(E) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section specifying— 

(i) the accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(F) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; 

(G) require in all agreements authorizing 

expenditures of Federal funds by other organizations, that the receiving organizations 

make available for audit all records and 

other information pertaining to the expenditure of the funds; and 

(H) encourage, by appropriate means, economic development that is consistent with 

the purposes of the Heritage Area. 

(2) AUTHORITIES.—The local coordinating 

entity may, subject to the prior approval of 

the Secretary, for the purposes of preparing 

and implementing the management plan, use 

Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State, political subdivisions of the State, 

nonprofit organizations, Federal agencies, 

and other interested parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any 

source, including funds and services provided 

under any other Federal law or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any 

other activities that further the purposes of 

the Heritage Area and are consistent with 

the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds received under 

this section to acquire any interest in real 

property. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to develop the management plan, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for telling 

the story of the heritage of the region and 

encouraging long-term resource protection, 

enhancement, interpretation, funding, management, and development of the Heritage 

Area; 

(B) take into consideration existing State, 

county, and local plans in the development 

and implementation of the management 

plan; 

(C) include a description of actions and 

commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the cultural, 

historical, archaeological, natural, and recreational resources of the Heritage Area; 

(D) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(E) include an inventory of the cultural, 

historical, archaeological, natural, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, 

managed, or developed; 

(F) recommend policies and strategies for 

resource management including, the development of intergovernmental and interagency agreements to protect the natural, 

historic, cultural, educational, scenic, and 

recreational resources of the Heritage Area; 

(G) describe a program for implementation 

of the management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, and interpretation; and 

(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual; 

(H) include an analysis of, and recommendations for, ways in which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to 

further the purposes of this section; 

(I) include an interpretive plan for the Heritage Area; and 

(J) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and of each of the major activities described in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with this subsection, 

the local coordinating entity shall not qualify for additional financial assistance under 

this section until the management plan is 

submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

the date on which the Secretary receives the 

management plan, the Secretary shall approve or disapprove the management plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall consult with the Governor of the 

State and any tribal government in which 

the Heritage Area is located before approving the management plan. 


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(C) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including governments, natural and historic 

resource protection organizations, educational institutions, businesses, community 

residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and 

governmental involvement (including 

through workshops and public meetings) in 

the preparation of the management plan; 

(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately 

protect the cultural, historical, archaeological, natural, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal or tribal land under applicable laws 

or land use plans; 

(v) the Secretary has received adequate assurances from the appropriate State, tribal, 

and local officials whose support is needed to 

ensure the effective implementation of the 

State, tribal, and local aspects of the management plan; and 

(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to 

implement an amendment to the management plan until the Secretary approves the 

amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide technical and financial assistance, 

on a reimbursable or nonreimbursable basis 

(as determined by the Secretary), to the 

local coordinating entity to develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage 

Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and 

(ii) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Heritage Area. 

(D) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary may not, as a condition of the provision of technical or financial 

assistance under this subsection, require any 

recipient of the assistance to impose or modify any land use restriction or zoning ordinance. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (i), the Secretary shall— 

(i) conduct an evaluation of the accomplishments of the Heritage Area; and 

(ii) prepare a report with recommendations 

for the future role of the National Park 

Service, if any, with respect to the Heritage 

Area, in accordance with subparagraph (C). 

(B) EVALUATION.—An evaluation conducted 

under subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating entity with respect to— 

(I) accomplishing the purposes of this section for the Heritage Area; and 

(II) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and 

private investments in the Heritage Area to 

determine the leverage and impact of the investments; and 

(iii) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation 

conducted under subparagraph (A)(i), the 

Secretary shall prepare a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared under this subparagraph recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(II) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of a report under this subparagraph, the 

Secretary shall submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any laws 

(including regulations) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(g) PROPERTY OWNERS AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any owner of public or private property, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, or local law with regard to public 

access or use of private land; 

(3) alters any duly adopted land use regulations, approved land use plan, or any other 

regulatory authority of any Federal, State, 

or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; 

(7) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property; 

(8) restricts an Indian tribe from protecting cultural or religious sites on tribal 

land; or 

(9) diminishes the trust responsibilities of 

government-to-government obligations of 

the United States of any federally recognized 

Indian tribe. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions of goods or services fairly valued. 

(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of the Secretary to 

provide financial assistance under this section terminates on the date that is 15 years 

after the date of enactment of this Act. 

SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE 

AREA, ALABAMA. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to preserve, support, conserve, and interpret the legacy of the region represented 

by the Heritage Area as described in the feasibility study prepared by the National Park 

Service; 

(2) to promote heritage, cultural, and recreational tourism, and to develop educational and cultural programs for visitors 

and the general public; 

(3) to recognize and interpret important 

events and geographic locations representing 

key developments in the growth of the 

United States, including the Native American, Colonial American, European American, and African American heritage; 

(4) to recognize and interpret the manner 

by which the distinctive geography of the region has shaped the development of the settlement, defense, transportation, commerce, 

and culture of the region; 

(5) to provide a cooperative management 

framework to foster a close working relationship with all levels of government, the 

private sector, and the local communities in 

the region to identify, preserve, interpret, 

and develop the historical, cultural, scenic, 

and natural resources of the region for the 

educational and inspirational benefit of current and future generations; and 


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(6) to provide appropriate linkages between 

units of the National Park System and communities, governments, and organizations 

within the Heritage Area. 

(b) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Muscle Shoals National 

Heritage Area established by subsection 

(c)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the Muscle Shoals Regional Center, the local coordinating entity for the Heritage Area designated by subsection (c)(4). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan for the Heritage Area required under subsection (d)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Muscle Shoals National Heritage 

Area’’, numbered T08/80,000, and dated October 2007. 

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

State of Alabama. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the 

Muscle Shoals National Heritage Area in the 

State. 

(2) BOUNDARIES.—The Heritage Area shall 

be comprised of the following areas, as depicted on the map: 

(A) The Counties of Colbert, Franklin, 

Lauderdale, Lawrence, Limestone, and Morgan, Alabama. 

(B) The Wilson Dam. 

(C) The Handy Home. 

(D) The birthplace of Helen Keller. 

(3) AVAILABILITY MAP.—The map shall be 

on file and available for public inspection in 

the appropriate offices of the National Park 

Service and the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The Muscle Shoals Regional Center shall be the local 

coordinating entity for the Heritage Area. 

(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating entity 

shall— 

(A) prepare, and submit to the Secretary, 

in accordance with subsection (e), a management plan for the Heritage Area; 

(B) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section specifying— 

(i) the accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraged funds; and 

(v) grants made to any other entities during the fiscal year; 

(C) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; 

(D) encourage, by appropriate means, economic development that is consistent with 

the purposes of the Heritage Area; and 

(E) serve as a catalyst for the implementation of projects and programs among diverse 

partners in the Heritage Area. 

(2) AUTHORITIES.—The local coordinating 

entity may, subject to the prior approval of 

the Secretary, for the purposes of preparing 

and implementing the management plan, use 

Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements 

with, or provide technical assistance to, the 

State, political subdivisions of the State, 

nonprofit organizations, Federal agencies, 

and other interested parties; 

(C) hire and compensate staff, including individuals with expertise in— 

(i) natural, historical, cultural, educational, scenic, and recreational resource 

conservation; 

(ii) economic and community development; 

and 

(iii) heritage planning; 

(D) obtain funds or services from any 

source, including funds and services provided 

under any other Federal law or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any 

other activities that further the purposes of 

the Heritage Area and are consistent with 

the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds received under 

this section to acquire any interest in real 

property. 

(e) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years 

after the date on which funds are made available to develop the management plan, the 

local coordinating entity shall submit to the 

Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for telling 

the story of the heritage of the area covered 

by the Heritage Area and encouraging longterm resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; 

(B) include a description of actions and 

commitments that Federal, State, tribal, 

and local governments, private organizations, and citizens plan to take to protect, 

enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources 

of the Heritage Area; 

(C) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(D) include an inventory of the natural, 

historic, cultural, educational, scenic, and 

recreational resources of the Heritage Area 

relating to the stories and themes of the 

Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed; 

(E) recommend policies and strategies for 

resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, 

and recreational resources of the Heritage 

Area; 

(F) describe a program for implementation 

of the management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, interpretation, funding, management, 

and development; and 

(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual; 

(G) include an analysis of, and recommendations for, ways in which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to 

further the purposes of this section; and 

(H) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and of each of the major activities described in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary by the date that is 3 years after the 

date on which funds are first made available 

to develop the management plan, the local 

coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted 

to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

the date on which the Secretary receives the 

management plan, the Secretary shall approve or disapprove the management plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall consult with the Governor of the 

State in which the Heritage Area is located 

before approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether to approve the management 

plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including Federal, State, tribal, and local 

governments, natural and historic resource 

protection organizations, educational institutions, businesses, community residents, 

recreational organizations, and private property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local 

governmental involvement (including 

through workshops and public meetings) in 

the preparation of the management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation 

of the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and 

development strategies described in the 

management plan, if implemented, would 

adequately protect, enhance, interpret, fund, 

manage, and develop the natural, historic, 

cultural, scenic, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal land under applicable laws or land 

use plans; 

(v) the Secretary has received adequate assurances from the appropriate State, tribal, 

and local officials whose support is needed to 

ensure the effective implementation of the 

State, tribal, and local aspects of the management plan; 

(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; and 

(vii) the management plan demonstrates 

partnerships among the local coordinating 

entity, Federal, State, tribal, and local governments, regional planning organizations, 

nonprofit organizations, and private sector 

parties for implementation of the management plan. 

(D) DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 


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(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized by this section to implement an 

amendment to the management plan until 

the Secretary approves the amendment. 

(F) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under the 

authority of this section for the development 

and implementation of the management 

plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the 

local coordinating entity, the Secretary may 

provide technical and financial assistance, 

on a reimbursable or nonreimbursable basis 

(as determined by the Secretary), to the 

local coordinating entity to develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordinating entity and 

other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under subsection (j), the Secretary shall— 

(i) conduct an evaluation of the accomplishments of the Heritage Area; and 

(ii) prepare a report with recommendations 

for the future role of the National Park 

Service, if any, with respect to the Heritage 

Area, in accordance with subparagraph (C). 

(B) EVALUATION.—An evaluation conducted 

under subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating entity with respect to— 

(I) accomplishing the purposes of this section for the Heritage Area; and 

(II) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, tribal, 

local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and 

(iii) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation 

conducted under subparagraph (A)(i), the 

Secretary shall prepare a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared under this subparagraph recommends 

that Federal funding for the Heritage Area 

be reauthorized, the report shall include an 

analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; 

and 

(II) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of a report under this subparagraph, the 

Secretary shall submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other law. 

(2) CONSULTATION AND COORDINATION.—To 

the maximum extent practicable, the head of 

any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary 

and the local coordinating entity to the 

maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any laws 

(including regulations) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 

plan within the boundaries of the Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(h) PROPERTY OWNERS AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any owner of public or private property, including the right to 

refrain from participating in any plan, 

project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, or local law with regard to public 

access or use of private land; 

(3) alters any duly adopted land use regulations, approved land use plan, or any other 

regulatory authority of any Federal, State, 

or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority to the local coordinating 

entity; 

(5) authorizes or implies the reservation or 

appropriation of water or water rights; 

(6) diminishes the authority of the State to 

manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or 

(7) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(i) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out this section 

$10,000,000, of which not more than $1,000,000 

may be made available for any fiscal year. 

(2) AVAILABILITY.—Funds made available 

under paragraph (1) shall remain available 

until expended. 

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity under this section 

shall be not more than 50 percent. 

(B) FORM.—The non-Federal contribution 

may be in the form of in-kind contributions 

of goods or services fairly valued. 

(4) USE OF FEDERAL FUNDS FROM OTHER

SOURCES.—Nothing in this section precludes 

the local coordinating entity from using 

Federal funds available under provisions of 

law other than this section for the purposes 

for which those funds were authorized. 

(j) TERMINATION OF EFFECTIVENESS.—The 

authority of the Secretary to provide financial assistance under this section terminates 

on the date that is 15 years after the date of 

enactment of this Act. 

SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM 

NATIONAL HERITAGE AREA, ALASKA. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage 

Area’’ means the Kenai MountainsTurnagain Arm National Heritage Area established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term 

‘‘local coordinating entity’’ means the Kenai 

Mountains-Turnagain Arm Corridor Communities Association. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by 

the local coordinating entity for the Heritage Area that specifies actions, policies, 

strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this section. 

(4) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Proposed Kenai MountainsTurnagain Arm NHA’’ and dated August 7, 

2007. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

(b) DESIGNATION OF THE KENAI MOUNTAINSTURNAGAIN ARM NATIONAL HERITAGE AREA.— 

(1) ESTABLISHMENT.—There is established 

the Kenai Mountains-Turnagain Arm National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall 

be comprised of the land in the Kenai Mountains and upper Turnagain Arm region, as 

generally depicted on the map. 

(3) AVAILABILITY OF MAP.—The map shall 

be on file and available for public inspection 

in— 

(A) the appropriate offices of the Forest 

Service, Chugach National Forest; 

(B) the Alaska Regional Office of the National Park Service; and 

(C) the office of the Alaska State Historic 

Preservation Officer. 

(c) MANAGEMENT PLAN.— 

(1) LOCAL COORDINATING ENTITY.—The local 

coordinating entity, in partnership with 

other interested parties, shall develop a 

management plan for the Heritage Area in 

accordance with this section. 

(2) REQUIREMENTS.—The management plan 

for the Heritage Area shall— 

(A) describe comprehensive policies, goals, 

strategies, and recommendations for use in— 

(i) telling the story of the heritage of the 

area covered by the Heritage Area; and 

(ii) encouraging long-term resource protection, enhancement, interpretation, funding, 

management, and development of the Heritage Area; 

(B) include a description of actions and 

commitments that the Federal Government, 

State, tribal, and local governments, private 

organizations, and citizens will take to protect, enhance, interpret, fund, manage, and 

develop the natural, historical, cultural, educational, scenic, and recreational resources 

of the Heritage Area; 

(C) specify existing and potential sources 

of funding or economic development strategies to protect, enhance, interpret, fund, 

manage, and develop the Heritage Area; 

(D) include an inventory of the natural, 

historical, cultural, educational, scenic, and 

recreational resources of the Heritage Area 

relating to the national importance and 

themes of the Heritage Area that should be 

protected, enhanced, interpreted, managed, 

funded, and developed; 

(E) recommend policies and strategies for 

resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; 

(F) describe a program for implementation 

for the management plan, including— 

(i) performance goals; 


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(ii) plans for resource protection, enhancement, interpretation, funding, management, 

and development; and 

(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual; 

(G) include an analysis of, and recommendations for, means by which Federal, 

State, tribal, and local programs may best be 

coordinated (including the role of the National Park Service, the Forest Service, and 

other Federal agencies associated with the 

Heritage Area) to further the purposes of 

this section; and 

(H) include a business plan that— 

(i) describes the role, operation, financing, 

and functions of the local coordinating entity and each of the major activities contained 

in the management plan; and 

(ii) provides adequate assurances that the 

local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan 

for the Heritage Area. 

(3) DEADLINE.— 

(A) IN GENERAL.—Not later than 3 years 

after the date on which funds are first made 

available to develop the management plan 

after the date of enactment of this Act, the 

local coordinating entity shall submit the 

management plan to the Secretary for approval. 

(B) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in accordance with subparagraph (A), 

the local coordinating entity shall not qualify for any additional financial assistance 

under this section until such time as the 

management plan is submitted to and approved by the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after 

receiving the management plan under paragraph (3), the Secretary shall review and approve or disapprove the management plan for 

a Heritage Area on the basis of the criteria 

established under subparagraph (C). 

(B) CONSULTATION.—The Secretary shall 

consult with the Governor of the State in 

which the Heritage Area is located before approving a management plan for the Heritage 

Area. 

(C) CRITERIA FOR APPROVAL.—In determining whether to approve a management 

plan for the Heritage Area, the Secretary 

shall consider whether— 

(i) the local coordinating entity represents 

the diverse interests of the Heritage Area, 

including the Federal Government, State, 

tribal, and local governments, natural and 

historical resource protection organizations, 

educational institutions, businesses, recreational organizations, community residents, and private property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local 

governmental involvement (including 

through workshops and hearings) in the 

preparation of the management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation 

of the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and 

development strategies described in the 

management plan, if implemented, would 

adequately protect, enhance, interpret, fund, 

manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the Heritage Area; 

(iv) the management plan would not adversely affect any activities authorized on 

Federal land under public land laws or land 

use plans; 

(v) the local coordinating entity has demonstrated the financial capability, in partnership with other interested parties, to 

carry out the plan; 

(vi) the Secretary has received adequate 

assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of 

the State, tribal, and local elements of the 

management plan; and 

(vii) the management plan demonstrates 

partnerships among the local coordinating 

entity, Federal Government, State, tribal, 

and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the 

management plan. 

(D) DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— 

(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and 

(II) may make recommendations to the 

local coordinating entity for revisions to the 

management plan. 

(ii) DEADLINE.—Not later than 180 days 

after receiving a revised management plan, 

the Secretary shall approve or disapprove 

the revised management plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the 

management plan that substantially alters 

the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original 

management plan. 

(ii) IMPLEMENTATION.—The local coordinating entity shall not use Federal funds authorized by this section to implement an 

amendment to the management plan until 

the Secretary approves the amendment. 

(F) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under the 

authority of this section for the development 

and implementation of the management 

plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(d) EVALUATION; REPORT.— 

(1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal 

funding terminates for the Heritage Area 

under this section, the Secretary shall— 

(A) conduct an evaluation of the accomplishments of the Heritage Area; and 

(B) prepare a report in accordance with 

paragraph (3). 

(2) EVALUATION.—An evaluation conducted 

under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity with respect to— 

(i) accomplishing the purposes of the authorizing legislation for the Heritage Area; 

and 

(ii) achieving the goals and objectives of 

the approved management plan for the Heritage Area; 

(B) analyze the Federal, State, tribal, 

local, and private investments in the Heritage Area to determine the impact of the investments; and 

(C) review the management structure, 

partnership relationships, and funding of the 

Heritage Area for purposes of identifying the 

critical components for sustainability of the 

Heritage Area. 

(3) REPORT.—Based on the evaluation conducted under paragraph (1)(A), the Secretary 

shall submit to the Committee on Energy 

and Natural Resources of the Senate and the 

Committee on Natural Resources of the 

House of Representatives a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(e) LOCAL COORDINATING ENTITY.— 

(1) DUTIES.—To further the purposes of the 

Heritage Area, in addition to developing the 

management plan for the Heritage Area 

under subsection (c), the local coordinating 

entity shall— 

(A) serve to facilitate and expedite the implementation of projects and programs 

among diverse partners in the Heritage Area; 

(B) submit an annual report to the Secretary for each fiscal year for which the 

local coordinating entity receives Federal 

funds under this section, specifying— 

(i) the specific performance goals and accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local 

coordinating entity; 

(iii) the amounts and sources of matching 

funds; 

(iv) the amounts leveraged with Federal 

funds and sources of the leveraging; and 

(v) grants made to any other entities during the fiscal year; 

(C) make available for audit for each fiscal 

year for which the local coordinating entity 

receives Federal funds under this section, all 

information pertaining to the expenditure of 

the funds and any matching funds; and 

(D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area. 

(2) AUTHORITIES.—For the purpose of preparing and implementing the approved management plan for the Heritage Area under 

subsection (c), the local coordinating entity 

may use Federal funds made available under 

this section— 

(A) to make grants to political jurisdictions, nonprofit organizations, and other 

parties within the Heritage Area; 

(B) to enter into cooperative agreements 

with or provide technical assistance to political jurisdictions, nonprofit organizations, 

Federal agencies, and other interested parties; 

(C) to hire and compensate staff, including 

individuals with expertise in— 

(i) natural, historical, cultural, educational, scenic, and recreational resource 

conservation; 

(ii) economic and community development; 

and 

(iii) heritage planning; 

(D) to obtain funds or services from any 

source, including other Federal programs; 

(E) to enter into contracts for goods or 

services; and 

(F) to support activities of partners and 

any other activities that further the purposes of the Heritage Area and are consistent 

with the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL

PROPERTY.—The local coordinating entity 

may not use Federal funds authorized under 

this section to acquire any interest in real 

property. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the authority of a Federal agency to 

provide technical or financial assistance 

under any other provision of law. 

(2) CONSULTATION AND COORDINATION.—The 

head of any Federal agency planning to conduct activities that may have an impact on 

a Heritage Area is encouraged to consult and 

coordinate the activities with the Secretary 

and the local coordinating entity, to the 

maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in 

this section— 

(A) modifies, alters, or amends any law (including a regulation) authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land 

manager to implement an approved land use 


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plan within the boundaries of a Heritage 

Area; or 

(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

(g) PRIVATE PROPERTY AND REGULATORY

PROTECTIONS.—Nothing in this section— 

(1) abridges the rights of any property 

owner (whether public or private), including 

the right to refrain from participating in any 

plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit 

public access (including access by Federal, 

State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property 

owner under any other Federal, State, tribal, 

or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to 

make safety improvements or increase the 

capacity of existing roads or to construct 

new roads) of any Federal, State, tribal, or 

local agency, or conveys any land use or 

other regulatory authority to any local coordinating entity, including development 

and management of energy or water or 

water-related infrastructure; 

(4) authorizes or implies the reservation or 

appropriation of water or water rights; 

(5) diminishes the authority of any State 

to manage fish and wildlife, including the 

regulation of fishing and hunting within the 

Heritage Area; or 

(6) creates any liability, or affects any liability under any other law, of any private 

property owner with respect to any person 

injured on the private property. 

(h) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.— 

Subject to paragraph (2), there is authorized 

to be appropriated to carry out this section 

$1,000,000 for each fiscal year, to remain 

available until expended. 

(2) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than a total of 

$10,000,000 may be made available to carry 

out this section. 

(3) COST-SHARING.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity carried out under 

this section shall not exceed 50 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share of the cost of any activity 

carried out under this section may be provided in the form of in-kind contributions of 

goods or services fairly valued. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide financial 

assistance under this section terminates on 

the date that is 15 years after the date of enactment of this Act. 

Subtitle B—Studies 

SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA 

AND GEORGIA. 

(a) DEFINITIONS.—In this section: 

(1) CORRIDOR.—The term ‘‘Corridor’’ means 

the Chattahoochee Trace National Heritage 

Corridor. 

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

means the Secretary of the Interior. 

(3) STUDY AREA.—The term ‘‘study area’’ 

means the study area described in subsection 

(b)(2). 

(b) STUDY.— 

(1) IN GENERAL.—The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, and other appropriate organizations or agencies, shall conduct a study to 

assess the suitability and feasibility of designating the study area as the Chattahoochee 

Trace National Heritage Corridor. 

(2) STUDY AREA.—The study area includes— 

(A) the portion of the Apalachicola-Chattahoochee-Flint River Basin and surrounding 

areas, as generally depicted on the map entitled ‘‘Chattahoochee Trace National Heritage Corridor, Alabama/Georgia’’, numbered 

T05/80000, and dated July 2007; and 

(B) any other areas in the State of Alabama or Georgia that— 

(i) have heritage aspects that are similar 

to the areas depicted on the map described in 

subparagraph (A); and 

(ii) are adjacent to, or in the vicinity of, 

those areas. 

(3) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historic, 

and cultural resources that— 

(i) represent distinctive aspects of the heritage of the United States; 

(ii) are worthy of recognition, conservation, interpretation, and continuing use; and 

(iii) would be best managed— 

(I) through partnerships among public and 

private entities; and 

(II) by linking diverse and sometimes noncontiguous resources and active communities; 

(B) reflects traditions, customs, beliefs, 

and folklife that are a valuable part of the 

story of the United States; 

(C) provides— 

(i) outstanding opportunities to conserve 

natural, historic, cultural, or scenic features; and 

(ii) outstanding recreational and educational opportunities; 

(D) contains resources that— 

(i) are important to any identified themes 

of the study area; and 

(ii) retain a degree of integrity capable of 

supporting interpretation; 

(E) includes residents, business interests, 

nonprofit organizations, and State and local 

governments that— 

(i) are involved in the planning of the Corridor; 

(ii) have developed a conceptual financial 

plan that outlines the roles of all participants in the Corridor, including the Federal 

Government; and 

(iii) have demonstrated support for the designation of the Corridor; 

(F) has a potential management entity to 

work in partnership with the individuals and 

entities described in subparagraph (E) to develop the Corridor while encouraging State 

and local economic activity; and 

(G) has a conceptual boundary map that is 

supported by the public. 

(c) REPORT.—Not later than the 3rd fiscal 

year after the date on which funds are first 

made available to carry out this section, the 

Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report 

that describes— 

(1) the findings of the study; and 

(2) any conclusions and recommendations 

of the Secretary. 

SEC. 8102. NORTHERN NECK, VIRGINIA. 

(a) DEFINITIONS.—In this section: 

(1) PROPOSED HERITAGE AREA.—The term 

‘‘proposed Heritage Area’’ means the proposed Northern Neck National Heritage 

Area. 

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

State of Virginia. 

(3) STUDY AREA.—The term ‘‘study area’’ 

means the area that is comprised of— 

(A) the area of land located between the 

Potomac and Rappahannock rivers of the 

eastern coastal region of the State; 

(B) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties 

of the State; and 

(C) any other area that— 

(i) has heritage aspects that are similar to 

the heritage aspects of the areas described in 

subparagraph (A) or (B); and 

(ii) is located adjacent to, or in the vicinity of, those areas. 

(b) STUDY.— 

(1) IN GENERAL.—In accordance with paragraphs (2) and (3), the Secretary, in consultation with appropriate State historic preservation officers, State historical societies, 

and other appropriate organizations, shall 

conduct a study to determine the suitability 

and feasibility of designating the study area 

as the Northern Neck National Heritage 

Area. 

(2) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historical, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United 

States; 

(B) represents distinctive aspects of the 

heritage of the United States worthy of recognition, conservation, interpretation, and 

continuing use; 

(C) is best managed as such an assemblage 

through partnerships among public and private entities at the local or regional level; 

(D) reflects traditions, customs, beliefs, 

and folklife that are a valuable part of the 

heritage of the United States; 

(E) provides outstanding opportunities to 

conserve natural, historical, cultural, or scenic features; 

(F) provides outstanding recreational or 

educational opportunities; 

(G) contains resources and has traditional 

uses that have national importance; 

(H) includes residents, business interests, 

nonprofit organizations, and appropriate 

Federal agencies and State and local governments that are involved in the planning of, 

and have demonstrated significant support 

for, the designation and management of the 

proposed Heritage Area; 

(I) has a proposed local coordinating entity 

that is responsible for preparing and implementing the management plan developed for 

the proposed Heritage Area; 

(J) with respect to the designation of the 

study area, has the support of the proposed 

local coordinating entity and appropriate 

Federal agencies and State and local governments, each of which has documented the 

commitment of the entity to work in partnership with each other entity to protect, 

enhance, interpret, fund, manage, and develop the resources located in the study 

area; 

(K) through the proposed local coordinating entity, has developed a conceptual financial plan that outlines the roles of all 

participants (including the Federal Government) in the management of the proposed 

Heritage Area; 

(L) has a proposal that is consistent with 

continued economic activity within the area; 

and 

(M) has a conceptual boundary map that is 

supported by the public and appropriate Federal agencies. 

(3) ADDITIONAL CONSULTATION REQUIREMENT.—In conducting the study under paragraph (1), the Secretary shall— 

(A) consult with the managers of any Federal land located within the study area; and 

(B) before making any determination with 

respect to the designation of the study area, 

secure the concurrence of each manager with 

respect to each finding of the study. 

(c) DETERMINATION.— 

(1) IN GENERAL.—The Secretary, in consultation with the Governor of the State, 

shall review, comment on, and determine if 


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the study area meets each requirement described in subsection (b)(2) for designation as 

a national heritage area. 

(2) REPORT.— 

(A) IN GENERAL.—Not later than 3 fiscal 

years after the date on which funds are first 

made available to carry out the study, the 

Secretary shall submit a report describing 

the findings, conclusions, and recommendations of the study to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of 

the House of Representatives. 

(B) REQUIREMENTS.— 

(i) IN GENERAL.—The report shall contain— 

(I) any comments that the Secretary has 

received from the Governor of the State relating to the designation of the study area as 

a national heritage area; and 

(II) a finding as to whether the study area 

meets each requirement described in subsection (b)(2) for designation as a national 

heritage area. 

(ii) DISAPPROVAL.—If the Secretary determines that the study area does not meet any 

requirement described in subsection (b)(2) for 

designation as a national heritage area, the 

Secretary shall include in the report a description of each reason for the determination. 

Subtitle C—Amendments Relating to 

National Heritage Corridors 

SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS 

VALLEY NATIONAL HERITAGE CORRIDOR. 

(a) TERMINATION OF AUTHORITY.—Section 

106(b) of the Quinebaug and Shetucket Rivers 

Valley National Heritage Corridor Act of 

1994 (16 U.S.C. 461 note; Public Law 103–449) is 

amended by striking ‘‘September 30, 2009’’ 

and inserting ‘‘September 30, 2015’’. 

(b) EVALUATION; REPORT.—Section 106 of 

the Quinebaug and Shetucket Rivers Valley 

National Heritage Corridor Act of 1994 (16 

U.S.C. 461 note; Public Law 103–449) is 

amended by adding at the end the following: 

‘‘(c) EVALUATION; REPORT.— 

‘‘(1) IN GENERAL.—Not later than 3 years 

before the date on which authority for Federal funding terminates for the Corridor, the 

Secretary shall— 

‘‘(A) conduct an evaluation of the accomplishments of the Corridor; and 

‘‘(B) prepare a report in accordance with 

paragraph (3). 

‘‘(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

‘‘(A) assess the progress of the management entity with respect to— 

‘‘(i) accomplishing the purposes of this 

title for the Corridor; and 

‘‘(ii) achieving the goals and objectives of 

the management plan for the Corridor; 

‘‘(B) analyze the Federal, State, local, and 

private investments in the Corridor to determine the leverage and impact of the investments; and 

‘‘(C) review the management structure, 

partnership relationships, and funding of the 

Corridor for purposes of identifying the critical components for sustainability of the 

Corridor. 

‘‘(3) REPORT.— 

‘‘(A) IN GENERAL.—Based on the evaluation 

conducted under paragraph (1)(A), the Secretary shall prepare a report that includes 

recommendations for the future role of the 

National Park Service, if any, with respect 

to the Corridor. 

‘‘(B) REQUIRED ANALYSIS.—If the report 

prepared under subparagraph (A) recommends that Federal funding for the Corridor be reauthorized, the report shall include an analysis of— 

‘‘(i) ways in which Federal funding for the 

Corridor may be reduced or eliminated; and 

‘‘(ii) the appropriate time period necessary 

to achieve the recommended reduction or 

elimination. 

‘‘(C) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary shall submit the report to— 

‘‘(i) the Committee on Energy and Natural 

Resources of the Senate; and 

‘‘(ii) the Committee on Natural Resources 

of the House of Representatives.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

Section 109(a) of the Quinebaug and 

Shetucket Rivers Valley National Heritage 

Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended by striking 

‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 8202. DELAWARE AND LEHIGH NATIONAL 

HERITAGE CORRIDOR. 

The Delaware and Lehigh National Heritage Corridor Act of 1988 (16 U.S.C. 461 note; 

Public Law 100–692) is amended— 

(1) in section 9— 

(A) by striking ‘‘The Commission’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Commission’’; and 

(B) by adding at the end the following: 

‘‘(b) CORPORATION AS LOCAL COORDINATING

ENTITY.—Beginning on the date of enactment of the Omnibus Public Land Management Act of 2009, the Corporation shall be 

the local coordinating entity for the Corridor. 

‘‘(c) IMPLEMENTATION OF MANAGEMENT

PLAN.—The Corporation shall assume the duties of the Commission for the implementation of the Plan. 

‘‘(d) USE OF FUNDS.—The Corporation may 

use Federal funds made available under this 

Act— 

‘‘(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit 

organizations, and individuals; 

‘‘(2) to hire, train, and compensate staff; 

and 

‘‘(3) to enter into contracts for goods and 

services. 

‘‘(e) RESTRICTION ON USE OF FUNDS.—The 

Corporation may not use Federal funds made 

available under this Act to acquire land or 

an interest in land.’’; 

(2) in section 10— 

(A) in the first sentence of subsection (c), 

by striking ‘‘shall assist the Commission’’ 

and inserting ‘‘shall, on the request of the 

Corporation, assist’’; 

(B) in subsection (d)— 

(i) by striking ‘‘Commission’’ each place it 

appears and inserting ‘‘Corporation’’; 

(ii) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(iii) by adding at the end the following: 

‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with the Corporation and other public 

or private entities for the purpose of providing technical assistance and grants under 

paragraph (1). 

‘‘(3) PRIORITY.—In providing assistance to 

the Corporation under paragraph (1), the 

Secretary shall give priority to activities 

that assist in— 

‘‘(A) conserving the significant natural, 

historic, cultural, and scenic resources of the 

Corridor; and 

‘‘(B) providing educational, interpretive, 

and recreational opportunities consistent 

with the purposes of the Corridor.’’; and 

(C) by adding at the end the following: 

‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Secretary shall enter into a 

memorandum of understanding with the Corporation to ensure— 

‘‘(1) appropriate transition of management 

of the Corridor from the Commission to the 

Corporation; and 

‘‘(2) coordination regarding the implementation of the Plan.’’; 

(3) in section 11, in the matter preceding 

paragraph (1), by striking ‘‘directly affecting’’; 

(4) in section 12— 

(A) in subsection (a), by striking ‘‘Commission’’ each place it appears and inserting 

‘‘Corporation’’; 

(B) in subsection (c)(1), by striking ‘‘2007’’ 

and inserting ‘‘2012’’; and 

(C) by adding at the end the following: 

‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary to provide financial 

assistance under this Act terminates on the 

date that is 5 years after the date of enactment of this subsection.’’; and 

(5) in section 14— 

(A) by redesignating paragraphs (4), (5), 

and (6) as paragraphs (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (3) the following: 

‘‘(4) the term ‘Corporation’ means the 

Delaware & Lehigh National Heritage Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from 

Federal tax under section 501(a), of the Internal Revenue Code of 1986;’’. 

SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE 

CORRIDOR. 

The Erie Canalway National Heritage Corridor Act (16 U.S.C. 461 note; Public Law 106– 

554) is amended— 

(1) in section 804— 

(A) in subsection (b)— 

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

by striking ‘‘27’’ and inserting ‘‘at least 21 

members, but not more than 27’’; 

(ii) in paragraph (2), by striking ‘‘Environment’’ and inserting ‘‘Environmental’’; and 

(iii) in paragraph (3)— 

(I) in the matter preceding subparagraph 

(A), by striking ‘‘19’’; 

(II) by striking subparagraph (A); 

(III) by redesignating subparagraphs (B) 

and (C) as subparagraphs (A) and (B), respectively; 

(IV) in subparagraph (B) (as redesignated 

by subclause (III)), by striking the second 

sentence; and 

(V) by inserting after subparagraph (B) (as 

redesignated by subclause (III)) the following: 

‘‘(C) The remaining members shall be— 

‘‘(i) appointed by the Secretary, based on 

recommendations from each member of the 

House of Representatives, the district of 

which encompasses the Corridor; and 

‘‘(ii) persons that are residents of, or employed within, the applicable congressional 

districts.’’; 

(B) in subsection (f), by striking ‘‘Fourteen 

members of the Commission’’ and inserting 

‘‘A majority of the serving Commissioners’’; 

(C) in subsection (g), by striking ‘‘14 of its 

members’’ and inserting ‘‘a majority of the 

serving Commissioners’’; 

(D) in subsection (h), by striking paragraph 

(4) and inserting the following: 

‘‘(4)(A) to appoint any staff that may be 

necessary to carry out the duties of the Commission, subject to the provisions of title 5, 

United States Code, relating to appointments in the competitive service; and 

‘‘(B) to fix the compensation of the staff, in 

accordance with the provisions of chapter 51 

and subchapter III of chapter 53 of title 5, 

United States Code, relating to the classification of positions and General Schedule 

pay rates;’’; and 

(E) in subsection (j), by striking ‘‘10 years’’ 

and inserting ‘‘15 years’’; 

(2) in section 807— 

(A) in subsection (e), by striking ‘‘with regard to the preparation and approval of the 

Canalway Plan’’; and 

(B) by adding at the end the following: 


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‘‘(f) OPERATIONAL ASSISTANCE.—Subject to 

the availability of appropriations, the Superintendent of Saratoga National Historical 

Park may, on request, provide to public and 

private organizations in the Corridor (including the Commission) any operational assistance that is appropriate to assist with the 

implementation of the Canalway Plan.’’; and 

(3) in section 810(a)(1), in the first sentence, 

by striking ‘‘any fiscal year’’ and inserting 

‘‘any fiscal year, to remain available until 

expended’’. 

SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER 

VALLEY NATIONAL HERITAGE CORRIDOR. 

Section 3(b)(2) of Public Law 99–647 (16 

U.S.C. 461 note; 100 Stat. 3626, 120 Stat. 1857) 

is amended— 

(1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be the’’; and 

(2) by striking ‘‘Directors from Massachusetts and Rhode Island;’’ and inserting ‘‘Directors from Massachusetts and Rhode Island, ex officio, or their delegates;’’. 

TITLE IX—BUREAU OF RECLAMATION 

AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER 

SYSTEMS, IDAHO. 

(a) IN GENERAL.—The Secretary of the Interior, acting through the Bureau of Reclamation, may conduct feasibility studies on 

projects that address water shortages within 

the Snake, Boise, and Payette River systems 

in the State of Idaho, and are considered appropriate for further study by the Bureau of 

Reclamation Boise Payette water storage assessment report issued during 2006. 

(b) BUREAU OF RECLAMATION.—A study conducted under this section shall comply with 

Bureau of Reclamation policy standards and 

guidelines for studies. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary of the Interior to carry out this 

section $3,000,000. 

(d) TERMINATION OF EFFECTIVENESS.—The 

authority provided by this section terminates on the date that is 10 years after the 

date of enactment of this Act. 

SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 

(a) DEFINITIONS.—In this section: 

(1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means the appraisal report 

concerning the augmentation alternatives 

for the Sierra Vista Subwatershed in the 

State of Arizona, dated June 2007 and prepared by the Bureau of Reclamation. 

(2) PRINCIPLES AND GUIDELINES.—The term 

‘‘principles and guidelines’’ means the report 

entitled ‘‘Economic and Environmental 

Principles and Guidelines for Water and Related Land Resources Implementation Studies’’ issued on March 10, 1983, by the Water 

Resources Council established under title I 

of the Water Resources Planning Act (42 

U.S.C. 1962a et seq.). 

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

means the Secretary of the Interior. 

(b) SIERRA VISTA SUBWATERSHED FEASIBILITY STUDY.— 

(1) STUDY.— 

(A) IN GENERAL.—In accordance with the 

reclamation laws and the principles and 

guidelines, the Secretary, acting through the 

Commissioner of Reclamation, may complete a feasibility study of alternatives to 

augment the water supplies within the Sierra Vista Subwatershed in the State of Arizona that are identified as appropriate for 

further study in the appraisal report. 

(B) INCLUSIONS.—In evaluating the feasibility of alternatives under subparagraph 

(A), the Secretary shall— 

(i) include— 

(I) any required environmental reviews; 

(II) the construction costs and projected 

operations, maintenance, and replacement 

costs for each alternative; and 

(III) the economic feasibility of each alternative; 

(ii) take into consideration the ability of 

Federal, tribal, State, and local government 

sources and private sources to fund capital 

construction costs and annual operation, 

maintenance, energy, and replacement costs; 

(iii) establish the basis for— 

(I) any cost-sharing allocations; and 

(II) anticipated repayment, if any, of Federal contributions; and 

(iv) perform a cost-benefit analysis. 

(2) COST SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total costs of the study under paragraph (1) 

shall not exceed 45 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share required under subparagraph (A) may be in the form of any in-kind 

service that the Secretary determines would 

contribute substantially toward the conduct 

and completion of the study under paragraph 

(1). 

(3) STATEMENT OF CONGRESSIONAL INTENT

RELATING TO COMPLETION OF STUDY.—It is the 

intent of Congress that the Secretary complete the study under paragraph (1) by a date 

that is not later than 30 months after the 

date of enactment of this Act. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to carry out this subsection 

$1,260,000. 

(c) WATER RIGHTS.—Nothing in this section 

affects— 

(1) any valid or vested water right in existence on the date of enactment of this Act; or 

(2) any application for water rights pending before the date of enactment of this Act. 

SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 

(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.— 

(1) IN GENERAL.—The Secretary of the Interior (hereinafter referred to as ‘‘Secretary’’), 

in consultation and cooperation with the 

City of San Diego and the Sweetwater Authority, is authorized to undertake a study 

to determine the feasibility of constructing 

a four reservoir intertie system to improve 

water storage opportunities, water supply reliability, and water yield of the existing nonFederal water storage system. The feasibility study shall document the Secretary’s 

engineering, environmental, and economic 

investigation of the proposed reservoir and 

intertie project taking into consideration 

the range of potential solutions and the circumstances and needs of the area to be 

served by the proposed reservoir and intertie 

project, the potential benefits to the people 

of that service area, and improved operations 

of the proposed reservoir and intertie system. The Secretary shall indicate in the feasibility report required under paragraph (4) 

whether the proposed reservoir and intertie 

project is recommended for construction. 

(2) FEDERAL COST SHARE.—The Federal 

share of the costs of the feasibility study 

shall not exceed 50 percent of the total study 

costs. The Secretary may accept as part of 

the non-Federal cost share, any contribution 

of such in-kind services by the City of San 

Diego and the Sweetwater Authority that 

the Secretary determines will contribute toward the conduct and completion of the 

study. 

(3) COOPERATION.—The Secretary shall consult and cooperate with appropriate State, 

regional, and local authorities in implementing this subsection. 

(4) FEASIBILITY REPORT.—The Secretary 

shall submit to Congress a feasibility report 

for the project the Secretary recommends, 

and to seek, as the Secretary deems appropriate, specific authority to develop and construct any recommended project. This report 

shall include— 

(A) good faith letters of intent by the City 

of San Diego and the Sweetwater Authority 

and its non-Federal partners to indicate that 

they have committed to share the allocated 

costs as determined by the Secretary; and 

(B) a schedule identifying the annual operation, maintenance, and replacement costs 

that should be allocated to the City of San 

Diego and the Sweetwater Authority, as well 

as the current and expected financial capability to pay operation, maintenance, and replacement costs. 

(b) FEDERAL RECLAMATION PROJECTS.— 

Nothing in this section shall supersede or 

amend the provisions of Federal Reclamation laws or laws associated with any project 

or any portion of any project constructed 

under any authority of Federal Reclamation 

laws. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary $3,000,000 for the Federal cost 

share of the study authorized in subsection 

(a). 

(d) SUNSET.—The authority of the Secretary to carry out any provisions of this 

section shall terminate 10 years after the 

date of the enactment of this Act. 

Subtitle B—Project Authorizations 

SEC. 9101. TUMALO IRRIGATION DISTRICT WATER 

CONSERVATION PROJECT, OREGON. 

(a) DEFINITIONS.—In this section: 

(1) DISTRICT.—The term ‘‘District’’ means 

the Tumalo Irrigation District, Oregon. 

(2) PROJECT.—The term ‘‘Project’’ means 

the Tumalo Irrigation District Water Conservation Project authorized under subsection (b)(1). 

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

means the Secretary of the Interior. 

(b) AUTHORIZATION TO PLAN, DESIGN AND

CONSTRUCT THE TUMALO WATER CONSERVATION PROJECT.— 

(1) AUTHORIZATION.—The Secretary, in cooperation with the District— 

(A) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in 

Deschutes County, Oregon; and 

(B) for purposes of planning and designing 

the Project, shall take into account any appropriate studies and reports prepared by the 

District. 

(2) COST-SHARING REQUIREMENT.— 

(A) FEDERAL SHARE.—The Federal share of 

the total cost of the Project shall be 25 percent, which shall be nonreimbursable to the 

United States. 

(B) CREDIT TOWARD NON-FEDERAL SHARE.— 

The Secretary shall credit toward the nonFederal share of the Project any amounts 

that the District provides toward the design, 

planning, and construction before the date of 

enactment of this Act. 

(3) TITLE.—The District shall hold title to 

any facilities constructed under this section. 

(4) OPERATION AND MAINTENANCE COSTS.— 

The District shall pay the operation and 

maintenance costs of the Project. 

(5) EFFECT.—Any assistance provided under 

this section shall not be considered to be a 

supplemental or additional benefit under 

Federal reclamation law (the Act of June 17, 

1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 

U.S.C. 371 et seq.). 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary for the Federal share of the cost of 

the Project $4,000,000. 

(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out this 

section shall expire on the date that is 10 

years after the date of enactment of this 

Act. 


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SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

(1) DISTRICT.—The term ‘‘District’’ means 

the Madera Irrigation District, Madera, California. 

(2) PROJECT.—The term ‘‘Project’’ means 

the Madera Water Supply Enhancement 

Project, a groundwater bank on the 13,646- 

acre Madera Ranch in Madera, California, 

owned, operated, maintained, and managed 

by the District that will plan, design, and 

construct recharge, recovery, and delivery 

systems able to store up to 250,000 acre-feet 

of water and recover up to 55,000 acre-feet of 

water per year, as substantially described in 

the California Environmental Quality Act, 

Final Environmental Impact Report for the 

Madera Irrigation District Water Supply Enhancement Project, September 2005. 

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

means the Secretary of the Interior. 

(4) TOTAL COST.—The term ‘‘total cost’’ 

means all reasonable costs, such as the planning, design, permitting, and construction of 

the Project and the acquisition costs of lands 

used or acquired by the District for the 

Project. 

(b) PROJECT FEASIBILITY.— 

(1) PROJECT FEASIBLE.—Pursuant to the 

Reclamation Act of 1902 (32 Stat. 388) and 

Acts amendatory thereof and supplemental 

thereto, the Project is feasible and no further studies or actions regarding feasibility 

are necessary. 

(2) APPLICABILITY OF OTHER LAWS.—The 

Secretary shall implement the authority 

provided in this section in accordance with 

all applicable Federal laws, including the 

National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.) and the Endangered 

Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460 

et seq.). 

(c) COOPERATIVE AGREEMENT.—All final 

planning and design and the construction of 

the Project authorized by this section shall 

be undertaken in accordance with a cooperative agreement between the Secretary and 

the District for the Project. Such cooperative agreement shall set forth in a manner 

acceptable to the Secretary and the District 

the responsibilities of the District for participating, which shall include— 

(1) engineering and design; 

(2) construction; and 

(3) the administration of contracts pertaining to any of the foregoing. 

(d) AUTHORIZATION FOR THE MADERA WATER

SUPPLY AND ENHANCEMENT PROJECT.— 

(1) AUTHORIZATION OF CONSTRUCTION.—The 

Secretary, acting pursuant to the Federal 

reclamation laws (Act of June 17, 1902; 32 

Stat. 388), and Acts amendatory thereof or 

supplementary thereto, is authorized to 

enter into a cooperative agreement through 

the Bureau of Reclamation with the District 

for the support of the final design and construction of the Project. 

(2) TOTAL COST.—The total cost of the 

Project for the purposes of determining the 

Federal cost share shall not exceed 

$90,000,000. 

(3) COST SHARE.—The Federal share of the 

capital costs of the Project shall be provided 

on a nonreimbursable basis and shall not exceed 25 percent of the total cost. Capital, 

planning, design, permitting, construction, 

and land acquisition costs incurred by the 

District prior to the date of the enactment of 

this Act shall be considered a portion of the 

non-Federal cost share. 

(4) CREDIT FOR NON-FEDERAL WORK.—The 

District shall receive credit toward the nonFederal share of the cost of the Project for— 

(A) in-kind services that the Secretary determines would contribute substantially toward the completion of the project; 

(B) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, and construction of 

the Project; and 

(C) the acquisition costs of lands used or 

acquired by the District for the Project. 

(5) LIMITATION.—The Secretary shall not 

provide funds for the operation or maintenance of the Project authorized by this subsection. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. 

(6) PLANS AND ANALYSES CONSISTENT WITH

FEDERAL LAW.—Before obligating funds for 

design or construction under this subsection, 

the Secretary shall work cooperatively with 

the District to use, to the extent possible, 

plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The 

Secretary shall ensure that such information 

as is used is consistent with applicable Federal laws and regulations. 

(7) TITLE; RESPONSIBILITY; LIABILITY.— 

Nothing in this subsection or the assistance 

provided under this subsection shall be construed to transfer title, responsibility, or liability related to the Project to the United 

States. 

(8) AUTHORIZATION OF APPROPRIATION.— 

There is authorized to be appropriated to the 

Secretary to carry out this subsection 

$22,500,000 or 25 percent of the total cost of 

the Project, whichever is less. 

(e) SUNSET.—The authority of the Secretary to carry out any provisions of this 

section shall terminate 10 years after the 

date of the enactment of this Act. 

SEC. 9103. EASTERN NEW MEXICO RURAL WATER 

SYSTEM PROJECT, NEW MEXICO. 

(a) DEFINITIONS.—In this section: 

(1) AUTHORITY.—The term ‘‘Authority’’ 

means the Eastern New Mexico Rural Water 

Authority, an entity formed under State law 

for the purposes of planning, financing, developing, and operating the System. 

(2) ENGINEERING REPORT.—The term ‘‘engineering report’’ means the report entitled 

‘‘Eastern New Mexico Rural Water System 

Preliminary Engineering Report’’ and dated 

October 2006. 

(3) PLAN.—The term ‘‘plan’’ means the operation, maintenance, and replacement plan 

required by subsection (c)(2). 

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

means the Secretary of the Interior. 

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

State of New Mexico. 

(6) SYSTEM.— 

(A) IN GENERAL.—The term ‘‘System’’ 

means the Eastern New Mexico Rural Water 

System, a water delivery project designed to 

deliver approximately 16,500 acre-feet of 

water per year from the Ute Reservoir to the 

cities of Clovis, Elida, Grady, Melrose, 

Portales, and Texico and other locations in 

Curry, Roosevelt, and Quay Counties in the 

State. 

(B) INCLUSIONS.—The term ‘‘System’’ includes the major components and associated 

infrastructure identified as the ‘‘Best Technical Alternative’’ in the engineering report. 

(7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ means the impoundment of water 

created in 1962 by the construction of the Ute 

Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas. 

(b) EASTERN NEW MEXICO RURAL WATER

SYSTEM.— 

(1) FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—The Secretary may provide financial and technical assistance to the 

Authority to assist in planning, designing, 

conducting related preconstruction activities for, and constructing the System. 

(B) USE.— 

(i) IN GENERAL.—Any financial assistance 

provided under subparagraph (A) shall be obligated and expended only in accordance 

with a cooperative agreement entered into 

under subsection (d)(1)(B). 

(ii) LIMITATIONS.—Financial assistance provided under clause (i) shall not be used— 

(I) for any activity that is inconsistent 

with constructing the System; or 

(II) to plan or construct facilities used to 

supply irrigation water for irrigated agricultural purposes. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the 

total cost of any activity or construction 

carried out using amounts made available 

under this section shall be not more than 75 

percent of the total cost of the System. 

(B) SYSTEM DEVELOPMENT COSTS.—For purposes of subparagraph (A), the total cost of 

the System shall include any costs incurred 

by the Authority or the State on or after October 1, 2003, for the development of the System. 

(3) LIMITATION.—No amounts made available under this section may be used for the 

construction of the System until— 

(A) a plan is developed under subsection 

(c)(2); and 

(B) the Secretary and the Authority have 

complied with any requirements of the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) applicable to the System. 

(4) TITLE TO PROJECT WORKS.—Title to the 

infrastructure of the System shall be held by 

the Authority or as may otherwise be specified under State law. 

(c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— 

(1) IN GENERAL.—The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated 

with the System. 

(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.—The Authority, in consultation 

with the Secretary, shall develop an operation, maintenance, and replacement plan 

that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly 

maintained and capable of delivering approximately 16,500 acre-feet of water per 

year. 

(d) ADMINISTRATIVE PROVISIONS.— 

(1) COOPERATIVE AGREEMENTS.— 

(A) IN GENERAL.—The Secretary may enter 

into any contract, grant, cooperative agreement, or other agreement that is necessary 

to carry out this section. 

(B) COOPERATIVE AGREEMENT FOR PROVISION

OF FINANCIAL ASSISTANCE.— 

(i) IN GENERAL.—The Secretary shall enter 

into a cooperative agreement with the Authority to provide financial assistance and 

any other assistance requested by the Authority for planning, design, related 

preconstruction activities, and construction 

of the System. 

(ii) REQUIREMENTS.—The cooperative 

agreement entered into under clause (i) 

shall, at a minimum, specify the responsibilities of the Secretary and the Authority with 

respect to— 

(I) ensuring that the cost-share requirements established by subsection (b)(2) are 

met; 

(II) completing the planning and final design of the System; 

(III) any environmental and cultural resource compliance activities required for the 

System; and 

(IV) the construction of the System. 

(2) TECHNICAL ASSISTANCE.—At the request 

of the Authority, the Secretary may provide 

to the Authority any technical assistance 

that is necessary to assist the Authority in 

planning, designing, constructing, and operating the System. 


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(3) BIOLOGICAL ASSESSMENT.—The Secretary shall consult with the New Mexico 

Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 

1973 (16 U.S.C. 1531 et seq.) that may be required for planning and constructing the 

System. 

(4) EFFECT.—Nothing in this section— 

(A) affects or preempts— 

(i) State water law; or 

(ii) an interstate compact relating to the 

allocation of water; or 

(B) confers on any non-Federal entity the 

ability to exercise any Federal rights to— 

(i) the water of a stream; or 

(ii) any groundwater resource. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In accordance with the adjustment carried out under paragraph (2), 

there is authorized to be appropriated to the 

Secretary to carry out this section an 

amount not greater than $327,000,000. 

(2) ADJUSTMENT.—The amount made available under paragraph (1) shall be adjusted to 

reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types 

of construction necessary to carry out this 

section. 

(3) NONREIMBURSABLE AMOUNTS.—Amounts 

made available to the Authority in accordance with the cost-sharing requirement 

under subsection (b)(2) shall be nonreimbursable and nonreturnable to the United States. 

(4) AVAILABILITY OF FUNDS.—At the end of 

each fiscal year, any unexpended funds appropriated pursuant to this section shall be 

retained for use in future fiscal years consistent with this section. 

SEC. 9104. RANCHO CAILFORNIA WATER DISTRICT PROJECT, CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the Rancho California Water 

District, California, may participate in the 

design, planning, and construction of permanent facilities for water recycling, 

demineralization, and desalination, and distribution of non-potable water supplies in 

Southern Riverside County, California. 

‘‘(b) COST SHARING.—The Federal share of 

the cost of the project described in subsection (a) shall not exceed 25 percent of the 

total cost of the project or $20,000,000, whichever is less. 

‘‘(c) LIMITATION.—Funds provided by the 

Secretary under this section shall not be 

used for operation or maintenance of the 

project described in subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of 

items in section 2 of Public Law 102–575 is 

amended by inserting after the last item the 

following: 

‘‘Sec. 1649. Rancho California Water District 

Project, California.’’. 

SEC. 9105. JACKSON GULCH REHABILITATION 

PROJECT, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) ASSESSMENT.—The term ‘‘assessment’’ 

means the engineering document that is— 

(A) entitled ‘‘Jackson Gulch Inlet Canal 

Project, Jackson Gulch Outlet Canal 

Project, Jackson Gulch Operations Facilities 

Project: Condition Assessment and Recommendations for Rehabilitation’’; 

(B) dated February 2004; and 

(C) on file with the Bureau of Reclamation. 

(2) DISTRICT.—The term ‘‘District’’ means 

the Mancos Water Conservancy District established under the Water Conservancy Act 

(Colo. Rev. Stat. 37–45–101 et seq.). 

(3) PROJECT.—The term ‘‘Project’’ means 

the Jackson Gulch rehabilitation project, a 

program for the rehabilitation of the Jackson Gulch Canal system and other infrastructure in the State, as described in the assessment. 

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

means the Secretary of the Interior, acting 

through the Commissioner of Reclamation. 

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

State of Colorado. 

(b) AUTHORIZATION OF JACKSON GULCH REHABILITATION PROJECT.— 

(1) IN GENERAL.—Subject to the reimbursement requirement described in paragraph (3), 

the Secretary shall pay the Federal share of 

the total cost of carrying out the Project. 

(2) USE OF EXISTING INFORMATION.—In preparing any studies relating to the Project, 

the Secretary shall, to the maximum extent 

practicable, use existing studies, including 

engineering and resource information provided by, or at the direction of— 

(A) Federal, State, or local agencies; and 

(B) the District. 

(3) REIMBURSEMENT REQUIREMENT.— 

(A) AMOUNT.—The Secretary shall recover 

from the District as reimbursable expenses 

the lesser of— 

(i) the amount equal to 35 percent of the 

cost of the Project; or 

(ii) $2,900,000. 

(B) MANNER.—The Secretary shall recover 

reimbursable expenses under subparagraph 

(A)— 

(i) in a manner agreed to by the Secretary 

and the District; 

(ii) over a period of 15 years; and 

(iii) with no interest. 

(C) CREDIT.—In determining the exact 

amount of reimbursable expenses to be recovered from the District, the Secretary 

shall credit the District for any amounts it 

paid before the date of enactment of this Act 

for engineering work and improvements directly associated with the Project. 

(4) PROHIBITION ON OPERATION AND MAINTENANCE COSTS.—The District shall be responsible for the operation and maintenance of 

any facility constructed or rehabilitated 

under this section. 

(5) LIABILITY.—The United States shall not 

be liable for damages of any kind arising out 

of any act, omission, or occurrence relating 

to a facility rehabilitated or constructed 

under this section. 

(6) EFFECT.—An activity provided Federal 

funding under this section shall not be considered a supplemental or additional benefit 

under— 

(A) the reclamation laws; or 

(B) the Act of August 11, 1939 (16 U.S.C. 

590y et seq.). 

(7) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to pay the Federal share of the 

total cost of carrying out the Project 

$8,250,000. 

SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 

(a) FINDINGS AND PURPOSE.— 

(1) FINDINGS.—Congress finds that— 

(A) drought, population increases, and environmental needs are exacerbating water 

supply issues across the western United 

States, including the Rio Grande Basin in 

New Mexico; 

(B) a report developed by the Bureau of 

Reclamation and the Bureau of Indian Affairs in 2000 identified a serious need for the 

rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos; 

(C) inspection of existing irrigation infrastructure of the Rio Grande Pueblos shows 

that many key facilities, such as diversion 

structures and main conveyance ditches, are 

unsafe and barely, if at all, operable; 

(D) the benefits of rehabilitating and repairing irrigation infrastructure of the Rio 

Grande Pueblos include— 

(i) water conservation; 

(ii) extending available water supplies; 

(iii) increased agricultural productivity; 

(iv) economic benefits; 

(v) safer facilities; and 

(vi) the preservation of the culture of Indian Pueblos in the State; 

(E) certain Indian Pueblos in the Rio 

Grande Basin receive water from facilities 

operated or owned by the Bureau of Reclamation; and 

(F) rehabilitation and repair of irrigation 

infrastructure of the Rio Grande Pueblos 

would improve— 

(i) overall water management by the Bureau of Reclamation; and 

(ii) the ability of the Bureau of Reclamation to help address potential water supply 

conflicts in the Rio Grande Basin. 

(2) PURPOSE.—The purpose of this section 

is to direct the Secretary— 

(A) to assess the condition of the irrigation 

infrastructure of the Rio Grande Pueblos; 

(B) to establish priorities for the rehabilitation of irrigation infrastructure of the Rio 

Grande Pueblos in accordance with specified 

criteria; and 

(C) to implement projects to rehabilitate 

and improve the irrigation infrastructure of 

the Rio Grande Pueblos. 

(b) DEFINITIONS.—In this section: 

(1) 2004 AGREEMENT.—The term ‘‘2004 Agreement’’ means the agreement entitled 

‘‘Agreement By and Between the United 

States of America and the Middle Rio 

Grande Conservancy District, Providing for 

the Payment of Operation and Maintenance 

Charges on Newly Reclaimed Pueblo Indian 

Lands in the Middle Rio Grande Valley, New 

Mexico’’ and executed in September 2004 (including any successor agreements and 

amendments to the agreement). 

(2) DESIGNATED ENGINEER.—The term ‘‘designated engineer’’ means a Federal employee 

designated under the Act of February 14, 1927 

(69 Stat. 1098, chapter 138) to represent the 

United States in any action involving the 

maintenance, rehabilitation, or preservation 

of the condition of any irrigation structure 

or facility on land located in the Six Middle 

Rio Grande Pueblos. 

(3) DISTRICT.—The term ‘‘District’’ means 

the Middle Rio Grande Conservancy District, 

a political subdivision of the State established in 1925. 

(4) PUEBLO IRRIGATION INFRASTRUCTURE.— 

The term ‘‘Pueblo irrigation infrastructure’’ 

means any diversion structure, conveyance 

facility, or drainage facility that is— 

(A) in existence as of the date of enactment of this Act; and 

(B) located on land of a Rio Grande Pueblo 

that is associated with— 

(i) the delivery of water for the irrigation 

of agricultural land; or 

(ii) the carriage of irrigation return flows 

and excess water from the land that is 

served. 

(5) RIO GRANDE BASIN.—The term ‘‘Rio 

Grande Basin’’ means the headwaters of the 

Rio Chama and the Rio Grande Rivers (including any tributaries) from the State line 

between Colorado and New Mexico downstream to the elevation corresponding with 

the spillway crest of Elephant Butte Dam at 

4,457.3 feet mean sea level. 

(6) RIO GRANDE PUEBLO.—The term ‘‘Rio 

Grande Pueblo’’ means any of the 18 Pueblos 

that— 

(A) occupy land in the Rio Grande Basin; 

and 

(B) are included on the list of federally recognized Indian tribes published by the Secretary in accordance with section 104 of the 


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Federally Recognized Indian Tribe List Act 

of 1994 (25 U.S.C. 479a–1). 

(7) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior, acting 

through the Commissioner of Reclamation. 

(8) SIX MIDDLE RIO GRANDE PUEBLOS.—The 

term ‘‘Six Middle Rio Grande Pueblos’’ 

means each of the Pueblos of Cochiti, Santo 

Domingo, San Felipe, Santa Ana, Sandia, 

and Isleta. 

(9) SPECIAL PROJECT.—The term ‘‘special 

project’’ has the meaning given the term in 

the 2004 Agreement. 

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

State of New Mexico. 

(c) IRRIGATION INFRASTRUCTURE STUDY.— 

(1) STUDY.— 

(A) IN GENERAL.—On the date of enactment 

of this Act, the Secretary, in accordance 

with subparagraph (B), and in consultation 

with the Rio Grande Pueblos, shall— 

(i) conduct a study of Pueblo irrigation infrastructure; and 

(ii) based on the results of the study, develop a list of projects (including a cost estimate for each project), that are recommended to be implemented over a 10-year 

period to repair, rehabilitate, or reconstruct 

Pueblo irrigation infrastructure. 

(B) REQUIRED CONSENT.—In carrying out 

subparagraph (A), the Secretary shall only 

include each individual Rio Grande Pueblo 

that notifies the Secretary that the Pueblo 

consents to participate in— 

(i) the conduct of the study under subparagraph (A)(i); and 

(ii) the development of the list of projects 

under subparagraph (A)(ii) with respect to 

the Pueblo. 

(2) PRIORITY.— 

(A) CONSIDERATION OF FACTORS.— 

(i) IN GENERAL.—In developing the list of 

projects under paragraph (1)(A)(ii), the Secretary shall— 

(I) consider each of the factors described in 

subparagraph (B); and 

(II) prioritize the projects recommended 

for implementation based on— 

(aa) a review of each of the factors; and 

(bb) a consideration of the projected benefits of the project on completion of the 

project. 

(ii) ELIGIBILITY OF PROJECTS.—A project is 

eligible to be considered and prioritized by 

the Secretary if the project addresses at 

least 1 factor described in subparagraph (B). 

(B) FACTORS.—The factors referred to in 

subparagraph (A) are— 

(i)(I) the extent of disrepair of the Pueblo 

irrigation infrastructure; and 

(II) the effect of the disrepair on the ability of the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure; 

(ii) whether, and the extent that, the repair, rehabilitation, or reconstruction of the 

Pueblo irrigation infrastructure would provide an opportunity to conserve water; 

(iii)(I) the economic and cultural impacts 

that the Pueblo irrigation infrastructure 

that is in disrepair has on the applicable Rio 

Grande Pueblo; and 

(II) the economic and cultural benefits 

that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would have on the applicable Rio 

Grande Pueblo; 

(iv) the opportunity to address water supply or environmental conflicts in the applicable river basin if the Pueblo irrigation infrastructure is repaired, rehabilitated, or reconstructed; and 

(v) the overall benefits of the project to efficient water operations on the land of the 

applicable Rio Grande Pueblo. 

(3) CONSULTATION.—In developing the list 

of projects under paragraph (1)(A)(ii), the 

Secretary shall consult with the Director of 

the Bureau of Indian Affairs (including the 

designated engineer with respect to each proposed project that affects the Six Middle Rio 

Grande Pueblos), the Chief of the Natural 

Resources Conservation Service, and the 

Chief of Engineers to evaluate the extent to 

which programs under the jurisdiction of the 

respective agencies may be used— 

(A) to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and 

(B) to implement— 

(i) a project recommended for implementation under paragraph (1)(A)(ii); or 

(ii) any other related project (including onfarm improvements) that may be appropriately coordinated with the repair, rehabilitation, or reconstruction of Pueblo irrigation infrastructure to improve the efficient use of water in the Rio Grande Basin. 

(4) REPORT.—Not later than 2 years after 

the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Resources of the 

House of Representatives a report that includes— 

(A) the list of projects recommended for 

implementation under paragraph (1)(A)(ii); 

and 

(B) any findings of the Secretary with respect to— 

(i) the study conducted under paragraph 

(1)(A)(i); 

(ii) the consideration of the factors under 

paragraph (2)(B); and 

(iii) the consultations under paragraph (3). 

(5) PERIODIC REVIEW.—Not later than 4 

years after the date on which the Secretary 

submits the report under paragraph (4) and 

every 4 years thereafter, the Secretary, in 

consultation with each Rio Grande Pueblo, 

shall— 

(A) review the report submitted under 

paragraph (4); and 

(B) update the list of projects described in 

paragraph (4)(A) in accordance with each factor described in paragraph (2)(B), as the Secretary determines to be appropriate. 

(d) IRRIGATION INFRASTRUCTURE GRANTS.— 

(1) IN GENERAL.—The Secretary may provide grants to, and enter into contracts or 

other agreements with, the Rio Grande 

Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure that are recommended 

for implementation under subsection 

(c)(1)(A)(ii)— 

(A) to increase water use efficiency and agricultural productivity for the benefit of a 

Rio Grande Pueblo; 

(B) to conserve water; or 

(C) to otherwise enhance water management or help avert water supply conflicts in 

the Rio Grande Basin. 

(2) LIMITATION.—Assistance provided under 

paragraph (1) shall not be used for— 

(A) the repair, rehabilitation, or reconstruction of any major impoundment structure; or 

(B) any on-farm improvements. 

(3) CONSULTATION.—In carrying out a 

project under paragraph (1), the Secretary 

shall— 

(A) consult with, and obtain the approval 

of, the applicable Rio Grande Pueblo; 

(B) consult with the Director of the Bureau 

of Indian Affairs; and 

(C) as appropriate, coordinate the project 

with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. 

(4) COST-SHARING REQUIREMENT.— 

(A) FEDERAL SHARE.— 

(i) IN GENERAL.—Except as provided in 

clause (ii), the Federal share of the total cost 

of carrying out a project under paragraph (1) 

shall be not more than 75 percent. 

(ii) EXCEPTION.—The Secretary may waive 

or limit the non-Federal share required 

under clause (i) if the Secretary determines, 

based on a demonstration of financial hardship by the Rio Grande Pueblo, that the Rio 

Grande Pueblo is unable to contribute the 

required non-Federal share. 

(B) DISTRICT CONTRIBUTIONS.— 

(i) IN GENERAL.—The Secretary may accept 

from the District a partial or total contribution toward the non-Federal share required 

for a project carried out under paragraph (1) 

on land located in any of the Six Middle Rio 

Grande Pueblos if the Secretary determines 

that the project is a special project. 

(ii) LIMITATION.—Nothing in clause (i) requires the District to contribute to the nonFederal share of the cost of a project carried 

out under paragraph (1). 

(C) STATE CONTRIBUTIONS.— 

(i) IN GENERAL.—The Secretary may accept 

from the State a partial or total contribution toward the non-Federal share for a 

project carried out under paragraph (1). 

(ii) LIMITATION.—Nothing in clause (i) requires the State to contribute to the nonFederal share of the cost of a project carried 

out under paragraph (1). 

(D) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share under subparagraph (A)(i) 

may be in the form of in-kind contributions, 

including the contribution of any valuable 

asset or service that the Secretary determines would substantially contribute to a 

project carried out under paragraph (1). 

(5) OPERATION AND MAINTENANCE.—The Secretary may not use any amount made available under subsection (g)(2) to carry out the 

operation or maintenance of any project carried out under paragraph (1). 

(e) EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.—Nothing in this section— 

(1) affects any existing project-specific 

funding authority; or 

(2) limits or absolves the United States 

from any responsibility to any Rio Grande 

Pueblo (including any responsibility arising 

from a trust relationship or from any Federal law (including regulations), Executive 

order, or agreement between the Federal 

Government and any Rio Grande Pueblo). 

(f) EFFECT ON PUEBLO WATER RIGHTS OR

STATE WATER LAW.— 

(1) PUEBLO WATER RIGHTS.—Nothing in this 

section (including the implementation of 

any project carried out in accordance with 

this section) affects the right of any Pueblo 

to receive, divert, store, or claim a right to 

water, including the priority of right and the 

quantity of water associated with the water 

right under Federal or State law. 

(2) STATE WATER LAW.—Nothing in this section preempts or affects— 

(A) State water law; or 

(B) an interstate compact governing water. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

(1) STUDY.—There is authorized to be appropriated to carry out subsection (c) 

$4,000,000. 

(2) PROJECTS.—There is authorized to be 

appropriated to carry out subsection (d) 

$6,000,000 for each of fiscal years 2010 through 

2019. 

SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS. 

(a) DEFINITIONS.—Section 2 of Public Law 

106–392 (114 Stat. 1602) is amended— 

(1) in paragraph (5), by inserting ‘‘, rehabilitation, and repair’’ after ‘‘and replacement’’; and 

(2) in paragraph (6), by inserting ‘‘those for 

protection of critical habitat, those for preventing entrainment of fish in water diversions,’’ after ‘‘instream flows,’’. 


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(b) AUTHORIZATION TO FUND RECOVERY PROGRAMS.—Section 3 of Public Law 106–392 (114 

Stat. 1603; 120 Stat. 290) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking 

‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

(B) in paragraph (2), by striking ‘‘2010’’ and 

inserting ‘‘2023’’; and 

(C) in paragraph (3), by striking ‘‘2010’’ and 

inserting ‘‘2023’’; 

(2) in subsection (b)— 

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

by striking ‘‘$126,000,000’’ and inserting 

‘‘$209,000,000’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘$108,000,000’’ and inserting 

‘‘$179,000,000’’; and 

(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; 

and 

(C) in paragraph (2)— 

(i) by striking ‘‘$18,000,000’’ and inserting 

‘‘$30,000,000’’; and 

(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; 

and 

(3) in subsection (c)(4), by striking 

‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 

SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

(1) DISTRICT.—The term ‘‘District’’ means 

the Fallbrook Public Utility District, San 

Diego County, California. 

(2) PROJECT.—The term ‘‘Project’’ means 

the impoundment, recharge, treatment, and 

other facilities the construction, operation, 

watershed management, and maintenance of 

which is authorized under subsection (b). 

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

means the Secretary of the Interior. 

(b) AUTHORIZATION FOR CONSTRUCTION OF

SANTA MARGARITA RIVER PROJECT.— 

(1) AUTHORIZATION.—The Secretary, acting 

pursuant to Federal reclamation law (the 

Act of June 17, 1902 (32 Stat. 388, chapter 

1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), to 

the extent that law is not inconsistent with 

this section, may construct, operate, and 

maintain the Project substantially in accordance with the final feasibility report and 

environmental reviews for the Project and 

this section. 

(2) CONDITIONS.—The Secretary may construct the Project only after the Secretary 

determines that the following conditions 

have occurred: 

(A)(i) The District and the Secretary of the 

Navy have entered into contracts under subsections (c)(2) and (e) of section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 485h) 

to repay to the United States equitable and 

appropriate portions, as determined by the 

Secretary, of the actual costs of constructing, operating, and maintaining the 

Project. 

(ii) As an alternative to a repayment contract with the Secretary of the Navy described in clause (i), the Secretary may 

allow the Secretary of the Navy to satisfy all 

or a portion of the repayment obligation for 

construction of the Project on the payment 

of the share of the Secretary of the Navy 

prior to the initiation of construction, subject to a final cost allocation as described in 

subsection (c). 

(B) The officer or agency of the State of 

California authorized by law to grant permits for the appropriation of water has 

granted the permits to the Bureau of Reclamation for the benefit of the Secretary of 

the Navy and the District as permittees for 

rights to the use of water for storage and diversion as provided in this section, including 

approval of all requisite changes in points of 

diversion and storage, and purposes and 

places of use. 

(C)(i) The District has agreed— 

(I) to not assert against the United States 

any prior appropriative right the District 

may have to water in excess of the quantity 

deliverable to the District under this section; and 

(II) to share in the use of the waters impounded by the Project on the basis of equal 

priority and in accordance with the ratio 

prescribed in subsection (d)(2). 

(ii) The agreement and waiver under clause 

(i) and the changes in points of diversion and 

storage under subparagraph (B)— 

(I) shall become effective and binding only 

when the Project has been completed and put 

into operation; and 

(II) may be varied by agreement between 

the District and the Secretary of the Navy. 

(D) The Secretary has determined that the 

Project has completed applicable economic, 

environmental, and engineering feasibility 

studies. 

(c) COSTS.— 

(1) IN GENERAL.—As determined by a final 

cost allocation after completion of the construction of the Project, the Secretary of the 

Navy shall be responsible to pay upfront or 

repay to the Secretary only that portion of 

the construction, operation, and maintenance costs of the Project that the Secretary 

and the Secretary of the Navy determine reflects the extent to which the Department of 

the Navy benefits from the Project. 

(2) OTHER CONTRACTS.—Notwithstanding 

paragraph (1), the Secretary may enter into 

a contract with the Secretary of the Navy 

for the impoundment, storage, treatment, 

and carriage of prior rights water for domestic, municipal, fish and wildlife, industrial, 

and other beneficial purposes using Project 

facilities. 

(d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 

(1) OPERATION.—The Secretary, the District, or a third party (consistent with subsection (f)) may operate the Project, subject 

to a memorandum of agreement between the 

Secretary, the Secretary of the Navy, and 

the District and under regulations satisfactory to the Secretary of the Navy with respect to the share of the Project of the Department of the Navy. 

(2) YIELD ALLOTMENT.—Except as otherwise 

agreed between the parties, the Secretary of 

the Navy and the District shall participate 

in the Project yield on the basis of equal priority and in accordance with the following 

ratio: 

(A) 60 percent of the yield of the Project is 

allotted to the Secretary of the Navy. 

(B) 40 percent of the yield of the Project is 

allotted to the District. 

(3) CONTRACTS FOR DELIVERY OF EXCESS

WATER.— 

(A) EXCESS WATER AVAILABLE TO OTHER

PERSONS.—If the Secretary of the Navy certifies to the official agreed on to administer 

the Project that the Department of the Navy 

does not have immediate need for any portion of the 60 percent of the yield of the 

Project allotted to the Secretary of the Navy 

under paragraph (2), the official may enter 

into temporary contracts for the sale and delivery of the excess water. 

(B) FIRST RIGHT FOR EXCESS WATER.—The 

first right to excess water made available 

under subparagraph (A) shall be given the 

District, if otherwise consistent with the 

laws of the State of California. 

(C) CONDITION OF CONTRACTS.—Each contract entered into under subparagraph (A) 

for the sale and delivery of excess water 

shall include a condition that the Secretary 

of the Navy has the right to demand the 

water, without charge and without obligation on the part of the United States, after 30 

days notice. 

(D) MODIFICATION OF RIGHTS AND OBLIGATIONS.—The rights and obligations of the 

United States and the District regarding the 

ratio, amounts, definition of Project yield, 

and payment for excess water may be modified by an agreement between the parties. 

(4) CONSIDERATION.— 

(A) DEPOSIT OF FUNDS.— 

(i) IN GENERAL.—Amounts paid to the 

United States under a contract entered into 

under paragraph (3) shall be— 

(I) deposited in the special account established for the Department of the Navy under 

section 2667(e)(1) of title 10, United States 

Code; and 

(II) shall be available for the purposes 

specified in section 2667(e)(1)(C) of that title. 

(ii) EXCEPTION.—Section 2667(e)(1)(D) of 

title 10, United States Code, shall not apply 

to amounts deposited in the special account 

pursuant to this paragraph. 

(B) IN-KIND CONSIDERATION.—In lieu of monetary consideration under subparagraph (A), 

or in addition to monetary consideration, 

the Secretary of the Navy may accept inkind consideration in a form and quantity 

that is acceptable to the Secretary of the 

Navy, including— 

(i) maintenance, protection, alteration, repair, improvement, or restoration (including 

environmental restoration) of property or facilities of the Department of the Navy; 

(ii) construction of new facilities for the 

Department of the Navy; 

(iii) provision of facilities for use by the 

Department of the Navy; 

(iv) facilities operation support for the Department of the Navy; and 

(v) provision of such other services as the 

Secretary of the Navy considers appropriate. 

(C) RELATION TO OTHER LAWS.—Sections 

2662 and 2802 of title 10, United States Code, 

shall not apply to any new facilities the construction of which is accepted as in-kind 

consideration under this paragraph. 

(D) CONGRESSIONAL NOTIFICATION.—If the 

in-kind consideration proposed to be provided under a contract to be entered into 

under paragraph (3) has a value in excess of 

$500,000, the contract may not be entered 

into until the earlier of— 

(i) the end of the 30-day period beginning 

on the date on which the Secretary of the 

Navy submits to the Committee on Armed 

Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report describing the contract and 

the form and quantity of the in-kind consideration; or 

(ii) the end of the 14-day period beginning 

on the date on which a copy of the report referred to in clause (i) is provided in an electronic medium pursuant to section 480 of 

title 10, United States Code. 

(e) REPAYMENT OBLIGATION OF THE DISTRICT.— 

(1) DETERMINATION.— 

(A) IN GENERAL.—Except as otherwise provided in this paragraph, the general repayment obligation of the District shall be determined by the Secretary consistent with 

subsections (c)(2) and (e) of section 9 of the 

Reclamation Project Act of 1939 (43 U.S.C. 

485h) to repay to the United States equitable 

and appropriate portions, as determined by 

the Secretary, of the actual costs of constructing, operating, and maintaining the 

Project. 

(B) GROUNDWATER.—For purposes of calculating interest and determining the time 

when the repayment obligation of the District to the United States commences, the 

pumping and treatment of groundwater from 

the Project shall be deemed equivalent to 

the first use of water from a water storage 

project. 


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(C) CONTRACTS FOR DELIVERY OF EXCESS

WATER.—There shall be no repayment obligation under this subsection for water delivered to the District under a contract described in subsection (d)(3). 

(2) MODIFICATION OF RIGHTS AND OBLIGATION

BY AGREEMENT.—The rights and obligations 

of the United States and the District regarding the repayment obligation of the District 

may be modified by an agreement between 

the parties. 

(f) TRANSFER OF CARE, OPERATION, AND

MAINTENANCE.— 

(1) IN GENERAL.—The Secretary may transfer to the District, or a mutually agreed 

upon third party, the care, operation, and 

maintenance of the Project under conditions 

that are— 

(A) satisfactory to the Secretary and the 

District; and 

(B) with respect to the portion of the 

Project that is located within the boundaries 

of Camp Pendleton, satisfactory to the Secretary, the District, and the Secretary of the 

Navy. 

(2) EQUITABLE CREDIT.— 

(A) IN GENERAL.—In the event of a transfer 

under paragraph (1), the District shall be entitled to an equitable credit for the costs associated with the proportionate share of the 

Secretary of the operation and maintenance 

of the Project. 

(B) APPLICATION.—The amount of costs described in subparagraph (A) shall be applied 

against the indebtedness of the District to 

the United States. 

(g) SCOPE OF SECTION.— 

(1) IN GENERAL.—Except as otherwise provided in this section, for the purpose of this 

section, the laws of the State of California 

shall apply to the rights of the United States 

pertaining to the use of water under this section. 

(2) LIMITATIONS.—Nothing in this section— 

(A) provides a grant or a relinquishment by 

the United States of any rights to the use of 

water that the United States acquired according to the laws of the State of California, either as a result of the acquisition of 

the land comprising Camp Joseph H. Pendleton and adjoining naval installations, and 

the rights to the use of water as a part of 

that acquisition, or through actual use or 

prescription or both since the date of that 

acquisition, if any; 

(B) creates any legal obligation to store 

any water in the Project, to the use of which 

the United States has those rights; 

(C) requires the division under this section 

of water to which the United States has 

those rights; or 

(D) constitutes a recognition of, or an admission by the United States that, the District has any rights to the use of water in 

the Santa Margarita River, which rights, if 

any, exist only by virtue of the laws of the 

State of California. 

(h) LIMITATIONS ON OPERATION AND ADMINISTRATION.—Unless otherwise agreed by the 

Secretary of the Navy, the Project— 

(1) shall be operated in a manner which allows the free passage of all of the water to 

the use of which the United States is entitled according to the laws of the State of 

California either as a result of the acquisition of the land comprising Camp Joseph H. 

Pendleton and adjoining naval installations, 

and the rights to the use of water as a part 

of those acquisitions, or through actual use 

or prescription, or both, since the date of 

that acquisition, if any; and 

(2) shall not be administered or operated in 

any way that will impair or deplete the 

quantities of water the use of which the 

United States would be entitled under the 

laws of the State of California had the 

Project not been built. 

(i) REPORTS TO CONGRESS.—Not later than 2 

years after the date of the enactment of this 

Act and periodically thereafter, the Secretary and the Secretary of the Navy shall 

each submit to the appropriate committees 

of Congress reports that describe whether 

the conditions specified in subsection (b)(2) 

have been met and if so, the manner in which 

the conditions were met. 

(j) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section— 

(1) $60,000,000, as adjusted to reflect the engineering costs indices for the construction 

cost of the Project; and 

(2) such sums as are necessary to operate 

and maintain the Project. 

(k) SUNSET.—The authority of the Secretary to complete construction of the 

Project shall terminate on the date that is 10 

years after the date of enactment of this 

Act. 

SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER 

DISTRICT. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) (as amended by section 9104(a)) 

is amended by adding at the end the following: 

‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL 

WATER DISTRICT PROJECTS, CALIFORNIA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities 

that will be used to treat wastewater and 

provide recycled water in the Elsinore Valley Municipal Water District, California. 

‘‘(b) COST SHARING.—The Federal share of 

the cost of each project described in subsection (a) shall not exceed 25 percent of the 

total cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the 

Secretary under this section shall not be 

used for operation or maintenance of the 

projects described in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $12,500,000.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections in section 2 of Public Law 102–575 (as 

amended by section 9104(b)) is amended by 

inserting after the item relating to section 

1649 the following: 

‘‘Sec. 1650. Elsinore Valley Municipal Water 

District Projects, California.’’. 

SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 

(a) PROJECT AUTHORIZATION.—The Reclamation Wastewater and Groundwater 

Study and Facilities Act (Public Law 102–575, 

title XVI; 43 U.S.C. 390h et seq.) (as amended 

by section 9109(a)) is amended by adding at 

the end the following: 

‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible 

entity’ means a member agency of the North 

Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed 

in— 

‘‘(A) Marin County; 

‘‘(B) Napa County; 

‘‘(C) Solano County; or 

‘‘(D) Sonoma County. 

‘‘(2) WATER RECLAMATION AND REUSE

PROJECT.—The term ‘water reclamation and 

reuse project’ means a project carried out by 

the Secretary and an eligible entity in the 

North San Pablo Bay watershed relating to— 

‘‘(A) water quality improvement; 

‘‘(B) wastewater treatment; 

‘‘(C) water reclamation and reuse; 

‘‘(D) groundwater recharge and protection; 

‘‘(E) surface water augmentation; or 

‘‘(F) other related improvements. 

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

State of California. 

‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 

‘‘(1) IN GENERAL.—Contingent upon a finding of feasibility, the Secretary, acting 

through a cooperative agreement with the 

State or a subdivision of the State, is authorized to enter into cooperative agreements with eligible entities for the planning, 

design, and construction of water reclamation and reuse facilities and recycled water 

conveyance and distribution systems. 

‘‘(2) COORDINATION WITH OTHER FEDERAL

AGENCIES.—In carrying out this section, the 

Secretary and the eligible entity shall, to 

the maximum extent practicable, use the design work and environmental evaluations 

initiated by— 

‘‘(A) non-Federal entities; and 

‘‘(B) the Corps of Engineers in the San 

Pablo Bay Watershed of the State. 

‘‘(3) PHASED PROJECT.—A cooperative 

agreement described in paragraph (1) shall 

require that the North Bay Water Reuse Program carried out under this section shall 

consist of 2 phases as follows: 

‘‘(A) FIRST PHASE.—During the first phase, 

the Secretary and an eligible entity shall 

complete the planning, design, and construction of the main treatment and main conveyance systems. 

‘‘(B) SECOND PHASE.—During the second 

phase, the Secretary and an eligible entity 

shall complete the planning, design, and construction of the sub-regional distribution 

systems. 

‘‘(4) COST SHARING.— 

‘‘(A) FEDERAL SHARE.—The Federal share 

of the cost of the first phase of the project 

authorized by this section shall not exceed 25 

percent of the total cost of the first phase of 

the project. 

‘‘(B) FORM OF NON-FEDERAL SHARE.—The 

non-Federal share may be in the form of any 

in-kind services that the Secretary determines would contribute substantially toward 

the completion of the water reclamation and 

reuse project, including— 

‘‘(i) reasonable costs incurred by the eligible entity relating to the planning, design, 

and construction of the water reclamation 

and reuse project; and 

‘‘(ii) the acquisition costs of land acquired 

for the project that is— 

‘‘(I) used for planning, design, and construction of the water reclamation and reuse 

project facilities; and 

‘‘(II) owned by an eligible entity and directly related to the project. 

‘‘(C) LIMITATION.—The Secretary shall not 

provide funds for the operation and maintenance of the project authorized by this section. 

‘‘(5) EFFECT.—Nothing in this section— 

‘‘(A) affects or preempts— 

‘‘(i) State water law; or 

‘‘(ii) an interstate compact relating to the 

allocation of water; or 

‘‘(B) confers on any non-Federal entity the 

ability to exercise any Federal right to— 

‘‘(i) the water of a stream; or 

‘‘(ii) any groundwater resource. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated for 

the Federal share of the total cost of the 

first phase of the project authorized by this 

section $25,000,000, to remain available until 

expended.’’. 

(b) CONFORMING AMENDMENT.—The table of 

sections in section 2 of Public Law 102–575 (as 

amended by section 9109(b)) is amended by 

inserting after the item relating to section 

1650 the following: 


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‘‘Sec. 1651. North Bay water reuse program.’’. 

SEC. 9111. PRADO BASIN NATURAL TREATMENT 

SYSTEM PROJECT, CALIFORNIA. 

(a) PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.— 

(1) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) (as amended by section 9110(a)) 

is amended by adding at the end the following: 

‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT 

SYSTEM PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Orange County Water 

District, shall participate in the planning, 

design, and construction of natural treatment systems and wetlands for the flows of 

the Santa Ana River, California, and its tributaries into the Prado Basin. 

‘‘(b) COST SHARING.—The Federal share of 

the cost of the project described in subsection (a) shall not exceed 25 percent of the 

total cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the 

Secretary shall not be used for the operation 

and maintenance of the project described in 

subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $10,000,000. 

‘‘(e) SUNSET OF AUTHORITY.—This section 

shall have no effect after the date that is 10 

years after the date of the enactment of this 

section.’’. 

(2) CONFORMING AMENDMENT.—The table of 

sections in section 2 of Public Law 102–575 (43 

U.S.C. prec. 371) (as amended by section 

9110(b)) is amended by inserting after the 

last item the following: 

‘‘1652. Prado Basin Natural Treatment System Project.’’. 

(b) LOWER CHINO DAIRY AREA DESALINATION

DEMONSTRATION AND RECLAMATION

PROJECT.— 

(1) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) (as amended by subsection 

(a)(1)) is amended by adding at the end the 

following: 

‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Chino Basin 

Watermaster, the Inland Empire Utilities 

Agency, and the Santa Ana Watershed 

Project Authority and acting under the Federal reclamation laws, shall participate in 

the design, planning, and construction of the 

Lower Chino Dairy Area desalination demonstration and reclamation project. 

‘‘(b) COST SHARING.—The Federal share of 

the cost of the project described in subsection (a) shall not exceed— 

‘‘(1) 25 percent of the total cost of the 

project; or 

‘‘(2) $26,000,000. 

‘‘(c) LIMITATION.—Funds provided by the 

Secretary shall not be used for operation or 

maintenance of the project described in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

‘‘(e) SUNSET OF AUTHORITY.—This section 

shall have no effect after the date that is 10 

years after the date of the enactment of this 

section.’’. 

(2) CONFORMING AMENDMENT.—The table of 

sections in section 2 of Public Law 102–575 (43 

U.S.C. prec. 371) (as amended by subsection 

(a)(2)) is amended by inserting after the last 

item the following: 

‘‘1653. Lower Chino dairy area desalination 

demonstration and reclamation 

project.’’. 

(c) ORANGE COUNTY REGIONAL WATER RECLAMATION PROJECT.—Section 1624 of the Reclamation Wastewater and Groundwater 

Study and Facilities Act (Public Law 102–575, 

title XVI; 43 U.S.C. 390h–12j) is amended— 

(1) in the section heading, by striking the 

words ‘‘phase 1 of the’’; and 

(2) in subsection (a), by striking ‘‘phase 1 

of’’. 

SEC. 9112. BUNKER HILL GROUNDWATER BASIN, 

CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

(1) DISTRICT.—The term ‘‘District’’ means 

the Western Municipal Water District, Riverside County, California. 

(2) PROJECT.— 

(A) IN GENERAL.—The term ‘‘Project’’ 

means the Riverside-Corona Feeder Project. 

(B) INCLUSIONS.—The term ‘‘Project’’ includes— 

(i) 20 groundwater wells; 

(ii) groundwater treatment facilities; 

(iii) water storage and pumping facilities; 

and 

(iv) 28 miles of pipeline in San Bernardino 

and Riverside Counties in the State of California. 

(C) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

(b) PLANNING, DESIGN, AND CONSTRUCTION

OF RIVERSIDE-CORONA FEEDER.— 

(1) IN GENERAL.—The Secretary, in cooperation with the District, may participate in 

the planning, design, and construction of the 

Project. 

(2) AGREEMENTS AND REGULATIONS.—The 

Secretary may enter into such agreements 

and promulgate such regulations as are necessary to carry out this subsection. 

(3) FEDERAL SHARE.— 

(A) PLANNING, DESIGN, CONSTRUCTION.—The 

Federal share of the cost to plan, design, and 

construct the Project shall not exceed the 

lesser of— 

(i) an amount equal to 25 percent of the 

total cost of the Project; and 

(ii) $26,000,000. 

(B) STUDIES.—The Federal share of the cost 

to complete the necessary planning studies 

associated with the Project— 

(i) shall not exceed an amount equal to 50 

percent of the total cost of the studies; and 

(ii) shall be included as part of the limitation described in subparagraph (A). 

(4) IN-KIND SERVICES.—The non-Federal 

share of the cost of the Project may be provided in cash or in kind. 

(5) LIMITATION.—Funds provided by the 

Secretary under this subsection shall not be 

used for operation or maintenance of the 

Project. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary to carry out this subsection the 

lesser of— 

(A) an amount equal to 25 percent of the 

total cost of the Project; and 

(B) $26,000,000. 

SEC. 9113. GREAT PROJECT, CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (title XVI of Public Law 102–575; 43 

U.S.C. 390h et seq.) (as amended by section 

9111(b)(1)) is amended by adding at the end 

the following: 

‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND TREATMENT 

PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of Phase I permanent 

facilities for the GREAT project to reclaim, 

reuse, and treat impaired water in the area 

of Oxnard, California. 

‘‘(b) COST SHARE.—The Federal share of the 

costs of the project described in subsection 

(a) shall not exceed 25 percent of the total 

cost. 

‘‘(c) LIMITATION.—The Secretary shall not 

provide funds for the following: 

‘‘(1) The operations and maintenance of the 

project described in subsection (a). 

‘‘(2) The construction, operations, and 

maintenance of the visitor’s center related 

to the project described in subsection (a). 

‘‘(d) SUNSET OF AUTHORITY.—The authority 

of the Secretary to carry out any provisions 

of this section shall terminate 10 years after 

the date of the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections in section 2 of the Reclamation 

Projects Authorization and Adjustment Act 

of 1992 (as amended by section 9111(b)(2)) is 

amended by inserting after the last item the 

following: 

‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment 

project.’’. 

SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, 

CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) (as amended by section 9113(a)) 

is amended by adding at the end the following: 

‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER 

SUPPLY RENEWAL PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the Yucaipa Valley Water 

District, may participate in the design, planning, and construction of projects to treat 

impaired surface water, reclaim and reuse 

impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under section 

1606. 

‘‘(b) COST SHARING.—The Federal share of 

the cost of the project described in subsection (a) shall not exceed 25 percent of the 

total cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the 

Secretary shall not be used for operation or 

maintenance of the project described in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $20,000,000. 

‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, 

CALIFORNIA, WATER RECYCLING 

AND REUSE PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the City of Corona Water 

Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to 

reclaim and reuse wastewater, including degraded groundwaters, within and outside of 

the service area of the City of Corona Water 

Utility, California. 

‘‘(b) COST SHARE.—The Federal share of the 

cost of the project authorized by this section 

shall not exceed 25 percent of the total cost 

of the project. 

‘‘(c) LIMITATION.—The Secretary shall not 

provide funds for the operation and maintenance of the project authorized by this section.’’. 

(b) CONFORMING AMENDMENTS.—The table 

of sections in section 2 of Public Law 102–575 

(as amended by section 9114(b)) is amended 

by inserting after the last item the following: 

‘‘Sec. 1655. Yucaipa Valley Regional Water 

Supply Renewal Project. 

‘‘Sec. 1656. City of Corona Water Utility, 

California, water recycling and 

reuse project.’’. 

SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 

(a) COST SHARE.—The first section of Public Law 87–590 (76 Stat. 389) is amended in the 


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second sentence of subsection (c) by inserting after ‘‘cost thereof,’’ the following: ‘‘or 

in the case of the Arkansas Valley Conduit, 

payment in an amount equal to 35 percent of 

the cost of the conduit that is comprised of 

revenue generated by payments pursuant to 

a repayment contract and revenue that may 

be derived from contracts for the use of 

Fryingpan-Arkansas project excess capacity 

or exchange contracts using Fryingpan-Arkansas project facilities,’’. 

(b) RATES.—Section 2(b) of Public Law 87– 

590 (76 Stat. 390) is amended— 

(1) by striking ‘‘(b) Rates’’ and inserting 

the following: 

‘‘(b) RATES.— 

‘‘(1) IN GENERAL.—Rates’’; and 

(2) by adding at the end the following: 

‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN

VALLEY PIPELINE, AND SOUTH OUTLET WORKS

AT PUEBLO DAM AND RESERVOIR.— 

‘‘(A) IN GENERAL.—Notwithstanding the 

reclamation laws, until the date on which 

the payments for the Arkansas Valley Conduit under paragraph (3) begin, any revenue 

that may be derived from contracts for the 

use of Fryingpan-Arkansas project excess capacity or exchange contracts using 

Fryingpan-Arkansas project facilities shall 

be credited towards payment of the actual 

cost of Ruedi Dam and Reservoir, the Fountain Valley Pipeline, and the South Outlet 

Works at Pueblo Dam and Reservoir plus interest in an amount determined in accordance with this section. 

‘‘(B) EFFECT.—Nothing in the Federal reclamation law (the Act of June 17, 1902 (32 

Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 

U.S.C. 371 et seq.)) prohibits the concurrent 

crediting of revenue (with interest as provided under this section) towards payment of 

the Arkansas Valley Conduit as provided 

under this paragraph. 

‘‘(3) ARKANSAS VALLEY CONDUIT.— 

‘‘(A) USE OF REVENUE.—Notwithstanding 

the reclamation laws, any revenue derived 

from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange 

contracts using Fryingpan-Arkansas project 

facilities shall be credited towards payment 

of the actual cost of the Arkansas Valley 

Conduit plus interest in an amount determined in accordance with this section. 

‘‘(B) ADJUSTMENT OF RATES.—Any rates 

charged under this section for water for municipal, domestic, or industrial use or for the 

use of facilities for the storage or delivery of 

water shall be adjusted to reflect the estimated revenue derived from contracts for 

the use of Fryingpan-Arkansas project excess capacity or exchange contracts using 

Fryingpan-Arkansas project facilities.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

Section 7 of Public Law 87–590 (76 Stat. 393) 

is amended— 

(1) by striking ‘‘SEC. 7. There is hereby’’ 

and inserting the following: 

‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There is’’; and 

(2) by adding at the end the following: 

‘‘(b) ARKANSAS VALLEY CONDUIT.— 

‘‘(1) IN GENERAL.—Subject to annual appropriations and paragraph (2), there are authorized to be appropriated such sums as are 

necessary for the construction of the Arkansas Valley Conduit. 

‘‘(2) LIMITATION.—Amounts made available 

under paragraph (1) shall not be used for the 

operation or maintenance of the Arkansas 

Valley Conduit.’’. 

Subtitle C—Title Transfers and Clarifications 

SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES. 

(a) DEFINITIONS.—In this section: 

(1) AGREEMENT.—The term ‘‘Agreement’’ 

means the agreement numbered 06–AG–60– 

2115 and entitled ‘‘Agreement Between the 

United States of America and McGee Creek 

Authority for the Purpose of Defining Responsibilities Related to and Implementing 

the Title Transfer of Certain Facilities at 

the McGee Creek Project, Oklahoma’’. 

(2) AUTHORITY.—The term ‘‘Authority’’ 

means the McGee Creek Authority located in 

Oklahoma City, Oklahoma. 

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

means the Secretary of the Interior. 

(b) CONVEYANCE OF MCGEE CREEK PROJECT

PIPELINE AND ASSOCIATED FACILITIES.— 

(1) AUTHORITY TO CONVEY.— 

(A) IN GENERAL.—In accordance with all applicable laws and consistent with any terms 

and conditions provided in the Agreement, 

the Secretary may convey to the Authority 

all right, title, and interest of the United 

States in and to the pipeline and any associated facilities described in the Agreement, 

including— 

(i) the pumping plant; 

(ii) the raw water pipeline from the McGee 

Creek pumping plant to the rate of flow control station at Lake Atoka; 

(iii) the surge tank; 

(iv) the regulating tank; 

(v) the McGee Creek operation and maintenance complex, maintenance shop, and pole 

barn; and 

(vi) any other appurtenances, easements, 

and fee title land associated with the facilities described in clauses (i) through (v), in 

accordance with the Agreement. 

(B) EXCLUSION OF MINERAL ESTATE FROM

CONVEYANCE.— 

(i) IN GENERAL.—The mineral estate shall 

be excluded from the conveyance of any land 

or facilities under subparagraph (A). 

(ii) MANAGEMENT.—Any mineral interests 

retained by the United States under this section shall be managed— 

(I) consistent with Federal law; and 

(II) in a manner that would not interfere 

with the purposes for which the McGee Creek 

Project was authorized. 

(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW.— 

(i) AGREEMENT.—All parties to the conveyance under subparagraph (A) shall comply 

with the terms and conditions of the Agreement, to the extent consistent with this section. 

(ii) APPLICABLE LAW.—Before any conveyance under subparagraph (A), the Secretary 

shall complete any actions required under— 

(I) the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.); 

(II) the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.); 

(III) the National Historic Preservation 

Act (16 U.S.C. 470 et seq.); and 

(IV) any other applicable laws. 

(2) OPERATION OF TRANSFERRED FACILITIES.— 

(A) IN GENERAL.—On the conveyance of the 

land and facilities under paragraph (1)(A), 

the Authority shall comply with all applicable Federal, State, and local laws (including 

regulations) in the operation of any transferred facilities. 

(B) OPERATION AND MAINTENANCE COSTS.— 

(i) IN GENERAL.—After the conveyance of 

the land and facilities under paragraph (1)(A) 

and consistent with the Agreement, the Authority shall be responsible for all duties and 

costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities. 

(ii) LIMITATION ON FUNDING.—The Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhancement, and 

betterment of the transferred land and facilities, except for funding that would be available to any comparable entity that is not 

subject to reclamation laws. 

(3) RELEASE FROM LIABILITY.— 

(A) IN GENERAL.—Effective beginning on 

the date of the conveyance of the land and 

facilities under paragraph (1)(A), the United 

States shall not be liable for damages of any 

kind arising out of any act, omission, or occurrence relating to any land or facilities 

conveyed, except for damages caused by acts 

of negligence committed by the United 

States (including any employee or agent of 

the United States) before the date of the conveyance. 

(B) NO ADDITIONAL LIABILITY.—Nothing in 

this paragraph adds to any liability that the 

United States may have under chapter 171 of 

title 28, United States Code. 

(4) CONTRACTUAL OBLIGATIONS.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), any rights and obligations 

under the contract numbered 0–07–50–X0822 

and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the 

McGee Creek Project, shall remain in full 

force and effect. 

(B) AMENDMENTS.—With the consent of the 

Authority, the Secretary may amend the 

contract described in subparagraph (A) to reflect the conveyance of the land and facilities under paragraph (1)(A). 

(5) APPLICABILITY OF THE RECLAMATION

LAWS.—Notwithstanding the conveyance of 

the land and facilities under paragraph 

(1)(A), the reclamation laws shall continue 

to apply to any project water provided to the 

Authority. 

SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, 

NEW MEXICO, TITLE CLARIFICATION. 

(a) PURPOSE.—The purpose of this section 

is to direct the Secretary of the Interior to 

issue a quitclaim deed conveying any right, 

title, and interest the United States may 

have in and to Tingley Beach, San Gabriel 

Park, or the BioPark Parcels to the City, 

thereby removing a potential cloud on the 

City’s title to these lands. 

(b) DEFINITIONS.—In this section: 

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

of Albuquerque, New Mexico. 

(2) BIOPARK PARCELS.—The term ‘‘BioPark 

Parcels’’ means a certain area of land containing 19.16 acres, more or less, situated 

within the Town of Albuquerque Grant, in 

Projected Section 13, Township 10 North, 

Range 2 East, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, 

comprised of the following platted tracts and 

lot, and MRGCD tracts: 

(A) Tracts A and B, Albuquerque Biological 

Park, as the same are shown and designated 

on the Plat of Tracts A & B, Albuquerque Biological Park, recorded in the Office of the 

County Clerk of Bernalillo County, New 

Mexico on February 11, 1994 in Book 94C, 

Page 44; containing 17.9051 acres, more or 

less. 

(B) Lot B–1, Roger Cox Addition, as the 

same is shown and designated on the Plat of 

Lots B–1 and B–2 Roger Cox Addition, recorded in the Office of the County Clerk of 

Bernalillo County, New Mexico on October 3, 

1985 in Book C28, Page 99; containing 0.6289 

acres, more or less. 

(C) Tract 361 of MRGCD Map 38, bounded 

on the north by Tract A, Albuquerque Biological Park, on the east by the westerly 

right-of-way of Central Avenue, on the south 

by Tract 332B MRGCD Map 38, and on the 

west by Tract B, Albuquerque Biological 

Park; containing 0.30 acres, more or less. 

(D) Tract 332B of MRGCD Map 38; bounded 

on the north by Tract 361, MRGCD Map 38, 

on the west by Tract 32A–1–A, MRGCD Map 

38, and on the south and east by the westerly 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S521 

right-of-way of Central Avenue; containing 

0.25 acres, more or less. 

(E) Tract 331A–1A of MRGCD Map 38, 

bounded on the west by Tract B, Albuquerque Biological Park, on the east by 

Tract 332B, MRGCD Map 38, and on the south 

by the westerly right-of-way of Central Avenue and Tract A, Albuquerque Biological 

Park; containing 0.08 acres, more or less. 

(3) MIDDLE RIO GRANDE CONSERVANCY DISTRICT.—The terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’ mean a 

political subdivision of the State of New 

Mexico, created in 1925 to provide and maintain flood protection and drainage, and 

maintenance of ditches, canals, and distribution systems for irrigation and water delivery and operations in the Middle Rio Grande 

Valley. 

(4) MIDDLE RIO GRANDE PROJECT.—The term 

‘‘Middle Rio Grande Project’’ means the 

works associated with water deliveries and 

operations in the Rio Grande basin as authorized by the Flood Control Act of 1948 

(Public Law 80–858; 62 Stat. 1175) and the 

Flood Control Act of 1950 (Public Law 81–516; 

64 Stat. 170). 

(5) SAN GABRIEL PARK.—The term ‘‘San Gabriel Park’’ means the tract of land containing 40.2236 acres, more or less, situated 

within Section 12 and Section 13, T10N, R2E, 

N.M.P.M., City of Albuquerque, Bernalillo 

County, New Mexico, and described by New 

Mexico State Plane Grid Bearings (Central 

Zone) and ground distances in a Special Warranty Deed conveying the property from 

MRGCD to the City, dated November 25, 1997. 

(6) TINGLEY BEACH.—The term ‘‘Tingley 

Beach’’ means the tract of land containing 

25.2005 acres, more or less, situated within 

Section 13 and Section 24, T10N, R2E, and 

secs. 18 and 19, T10N, R3E, N.M.P.M., City of 

Albuquerque, Bernalillo County, New Mexico, and described by New Mexico State 

Plane Grid Bearings (Central Zone) and 

ground distances in a Special Warranty Deed 

conveying the property from MRGCD to the 

City, dated November 25, 1997. 

(c) CLARIFICATION OF PROPERTY INTEREST.— 

(1) REQUIRED ACTION.—The Secretary of the 

Interior shall issue a quitclaim deed conveying any right, title, and interest the 

United States may have in and to Tingley 

Beach, San Gabriel Park, and the BioPark 

Parcels to the City. 

(2) TIMING.—The Secretary shall carry out 

the action in paragraph (1) as soon as practicable after the date of enactment of this 

Act and in accordance with all applicable 

law. 

(3) NO ADDITIONAL PAYMENT.—The City 

shall not be required to pay any additional 

costs to the United States for the value of 

San Gabriel Park, Tingley Beach, and the 

BioPark Parcels. 

(d) OTHER RIGHTS, TITLE, AND INTERESTS

UNAFFECTED.— 

(1) IN GENERAL.—Except as expressly provided in subsection (c), nothing in this section shall be construed to affect any right, 

title, or interest in and to any land associated with the Middle Rio Grande Project. 

(2) ONGOING LITIGATION.—Nothing contained in this section shall be construed or 

utilized to affect or otherwise interfere with 

any position set forth by any party in the 

lawsuit pending before the United States 

District Court for the District of New Mexico, 99–CV–01320–JAP–RHS, entitled Rio 

Grande Silvery Minnow v. John W. Keys, III, 

concerning the right, title, or interest in and 

to any property associated with the Middle 

Rio Grande Project. 

SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

(1) AGREEMENT.—The term ‘‘Agreement’’ 

means Agreement No. 07–LC–20–9387 between 

the United States and the District, entitled 

‘‘Agreement Between the United States and 

the Goleta Water District to Transfer Title 

of the Federally Owned Distribution System 

to the Goleta Water District’’. 

(2) DISTRICT.—The term ‘‘District’’ means 

the Goleta Water District, located in Santa 

Barbara County, California. 

(3) GOLETA WATER DISTRIBUTION SYSTEM.— 

The term ‘‘Goleta Water Distribution System’’ means the facilities constructed by the 

United States to enable the District to convey water to its water users, and associated 

lands, as described in Appendix A of the 

Agreement. 

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

means the Secretary of the Interior. 

(b) CONVEYANCE OF THE GOLETA WATER DISTRIBUTION SYSTEM.—The Secretary is authorized to convey to the District all right, title, 

and interest of the United States in and to 

the Goleta Water Distribution System of the 

Cachuma Project, California, subject to valid 

existing rights and consistent with the terms 

and conditions set forth in the Agreement. 

(c) LIABILITY.—Effective upon the date of 

the conveyance authorized by subsection (b), 

the United States shall not be held liable by 

any court for damages of any kind arising 

out of any act, omission, or occurrence relating to the lands, buildings, or facilities conveyed under this section, except for damages 

caused by acts of negligence committed by 

the United States or by its employees or 

agents prior to the date of conveyance. Nothing in this section increases the liability of 

the United States beyond that provided in 

chapter 171 of title 28, United States Code 

(popularly known as the Federal Tort Claims 

Act). 

(d) BENEFITS.—After conveyance of the 

Goleta Water Distribution System under this 

section— 

(1) such distribution system shall not be 

considered to be a part of a Federal reclamation project; and 

(2) the District shall not be eligible to receive any benefits with respect to any facility comprising the Goleta Water Distribution System, except benefits that would be 

available to a similarly situated entity with 

respect to property that is not part of a Federal reclamation project. 

(e) COMPLIANCE WITH OTHER LAWS.— 

(1) COMPLIANCE WITH ENVIRONMENTAL AND

HISTORIC PRESERVATION LAWS.—Prior to any 

conveyance under this section, the Secretary 

shall complete all actions required under the 

National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 

National Historic Preservation Act (16 U.S.C. 

470 et seq.), and all other applicable laws. 

(2) COMPLIANCE BY THE DISTRICT.—Upon the 

conveyance of the Goleta Water Distribution 

System under this section, the District shall 

comply with all applicable Federal, State, 

and local laws and regulations in its operation of the facilities that are transferred. 

(3) APPLICABLE AUTHORITY.—All provisions 

of Federal reclamation law (the Act of June 

17, 1902 (43 U.S.C. 371 et seq.) and Acts supplemental to and amendatory of that Act) shall 

continue to be applicable to project water 

provided to the District. 

(f) REPORT.—If, 12 months after the date of 

the enactment of this Act, the Secretary has 

not completed the conveyance required 

under subsection (b), the Secretary shall 

complete a report that states the reason the 

conveyance has not been completed and the 

date by which the conveyance shall be completed. The Secretary shall submit a report 

required under this subsection to Congress 

not later than 14 months after the date of 

the enactment of this Act. 

Subtitle D—San Gabriel Basin Restoration 

Fund 

SEC. 9301. RESTORATION FUND. 

Section 110 of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 

2763A–222), as enacted into law by section 

1(a)(4) of the Consolidated Appropriations 

Act, 2001 (Public Law 106–554, as amended by 

Public Law 107–66), is further amended— 

(1) in subsection (a)(3)(B), by inserting 

after clause (iii) the following: 

‘‘(iv) NON-FEDERAL MATCH.—After 

$85,000,000 has cumulatively been appropriated under subsection (d)(1), the remainder of Federal funds appropriated under subsection (d) shall be subject to the following 

matching requirement: 

‘‘(I) SAN GABRIEL BASIN WATER QUALITY AUTHORITY.—The San Gabriel Basin Water 

Quality Authority shall be responsible for 

providing a 35 percent non-Federal match for 

Federal funds made available to the Authority under this Act. 

‘‘(II) CENTRAL BASIN MUNICIPAL WATER DISTRICT.—The Central Basin Municipal Water 

District shall be responsible for providing a 

35 percent non-Federal match for Federal 

funds made available to the District under 

this Act.’’; 

(2) in subsection (a), by adding at the end 

the following: 

‘‘(4) INTEREST ON FUNDS IN RESTORATION

FUND.—No amounts appropriated above the 

cumulative amount of $85,000,000 to the Restoration Fund under subsection (d)(1) shall 

be invested by the Secretary of the Treasury 

in interest-bearing securities of the United 

States.’’; and 

(3) by amending subsection (d) to read as 

follows: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There is authorized to be 

appropriated to the Restoration Fund established under subsection (a) $146,200,000. Such 

funds shall remain available until expended. 

‘‘(2) SET-ASIDE.—Of the amounts appropriated under paragraph (1), no more than 

$21,200,000 shall be made available to carry 

out the Central Basin Water Quality 

Project.’’. 

Subtitle E—Lower Colorado River MultiSpecies Conservation Program 

SEC. 9401. DEFINITIONS. 

In this subtitle: 

(1) LOWER COLORADO RIVER MULTI-SPECIES

CONSERVATION PROGRAM.—The term ‘‘Lower 

Colorado River Multi-Species Conservation 

Program’’ or ‘‘LCR MSCP’’ means the cooperative effort on the Lower Colorado River 

between Federal and non-Federal entities in 

Arizona, California, and Nevada approved by 

the Secretary of the Interior on April 2, 2005. 

(2) LOWER COLORADO RIVER.—The term 

‘‘Lower Colorado River’’ means the segment 

of the Colorado River within the planning 

area as provided in section 2(B) of the Implementing Agreement, a Program Document. 

(3) PROGRAM DOCUMENTS.—The term ‘‘Program Documents’’ means the Habitat Conservation Plan, Biological Assessment and 

Biological and Conference Opinion, Environmental Impact Statement/Environmental 

Impact Report, Funding and Management 

Agreement, Implementing Agreement, and 

Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the 

LCR MSCP, and any amendments or successor documents that are developed consistent with existing agreements and applicable law. 

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

means the Secretary of the Interior. 

(5) STATE.—The term ‘‘State’’ means each 

of the States of Arizona, California, and Nevada. 


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SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 

(a) IMPLEMENTATION.—The Secretary is authorized to manage and implement the LCR 

MSCP in accordance with the Program Documents. 

(b) WATER ACCOUNTING.—The Secretary is 

authorized to enter into an agreement with 

the States providing for the use of water 

from the Lower Colorado River for habitat 

creation and maintenance in accordance 

with the Program Documents. 

SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

(a) IN GENERAL.—Due to the unique conditions of the Colorado River, any party to the 

Funding and Management Agreement or the 

Implementing Agreement, and any permittee 

under the Section 10(a)(1)(B) Permit, may 

commence a civil action in United States 

district court to adjudicate, confirm, validate or decree the rights and obligations of 

the parties under those Program Documents. 

(b) JURISDICTION.—The district court shall 

have jurisdiction over such actions and may 

issue such orders, judgments, and decrees as 

are consistent with the court’s exercise of jurisdiction under this section. 

(c) UNITED STATES AS DEFENDANT.— 

(1) IN GENERAL.—The United States or any 

agency of the United States may be named 

as a defendant in such actions. 

(2) SOVEREIGN IMMUNITY.—Subject to paragraph (3), the sovereign immunity of the 

United States is waived for purposes of actions commenced pursuant to this section. 

(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing in this section waives the sovereign immunity of the United States to claims for 

money damages, monetary compensation, 

the provision of indemnity, or any claim 

seeking money from the United States. 

(d) RIGHTS UNDER FEDERAL AND STATE

LAW.— 

(1) IN GENERAL.—Except as specifically provided in this section, nothing in this section 

limits any rights or obligations of any party 

under Federal or State law. 

(2) APPLICABILITY TO LOWER COLORADO

RIVER MULTI-SPECIES CONSERVATION PROGRAM.—This section— 

(A) shall apply only to the Lower Colorado 

River Multi-Species Conservation Program; 

and 

(B) shall not affect the terms of, or rights 

or obligations under, any other conservation 

plan created pursuant to any Federal or 

State law. 

(e) VENUE.—Any suit pursuant to this section may be brought in any United States 

district court in the State in which any nonFederal party to the suit is situated. 

SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be 

appropriated to the Secretary such sums as 

may be necessary to meet the obligations of 

the Secretary under the Program Documents, to remain available until expended. 

(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All amounts appropriated to and expended by the Secretary for the LCR MSCP 

shall be non-reimbursable and non-returnable. 

Subtitle F—Secure Water 

SEC. 9501. FINDINGS. 

Congress finds that— 

(1) adequate and safe supplies of water are 

fundamental to the health, economy, security, and ecology of the United States; 

(2) systematic data-gathering with respect 

to, and research and development of, the 

water resources of the United States will 

help ensure the continued existence of sufficient quantities of water to support— 

(A) increasing populations; 

(B) economic growth; 

(C) irrigated agriculture; 

(D) energy production; and 

(E) the protection of aquatic ecosystems; 

(3) global climate change poses a significant challenge to the protection and use of 

the water resources of the United States due 

to an increased uncertainty with respect to 

the timing, form, and geographical distribution of precipitation, which may have a substantial effect on the supplies of water for 

agricultural, hydroelectric power, industrial, 

domestic supply, and environmental needs; 

(4) although States bear the primary responsibility and authority for managing the 

water resources of the United States, the 

Federal Government should support the 

States, as well as regional, local, and tribal 

governments, by carrying out— 

(A) nationwide data collection and monitoring activities; 

(B) relevant research; and 

(C) activities to increase the efficiency of 

the use of water in the United States; 

(5) Federal agencies that conduct water 

management and related activities have a 

responsibility— 

(A) to take a lead role in assessing risks to 

the water resources of the United States (including risks posed by global climate 

change); and 

(B) to develop strategies— 

(i) to mitigate the potential impacts of 

each risk described in subparagraph (A); and 

(ii) to help ensure that the long-term water 

resources management of the United States 

is sustainable and will ensure sustainable 

quantities of water; 

(6) it is critical to continue and expand research and monitoring efforts— 

(A) to improve the understanding of the 

variability of the water cycle; and 

(B) to provide basic information necessary— 

(i) to manage and efficiently use the water 

resources of the United States; and 

(ii) to identify new supplies of water that 

are capable of being reclaimed; and 

(7) the study of water use is vital— 

(A) to the understanding of the impacts of 

human activity on water and ecological resources; and 

(B) to the assessment of whether available 

surface and groundwater supplies will be 

available to meet the future needs of the 

United States. 

SEC. 9502. DEFINITIONS. 

In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the National Oceanic and Atmospheric Administration. 

(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the National Advisory Committee on Water Information established— 

(A) under the Office of Management and 

Budget Circular 92–01; and 

(B) to coordinate water data collection activities. 

(3) ASSESSMENT PROGRAM.—The term ‘‘assessment program’’ means the water availability and use assessment program established by the Secretary under section 9508(a). 

(4) CLIMATE DIVISION.—The term ‘‘climate 

division’’ means 1 of the 359 divisions in the 

United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator. 

(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the Commissioner of Reclamation. 

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

the Director of the United States Geological 

Survey. 

(7) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ means any State, Indian 

tribe, irrigation district, water district, or 

other organization with water or power delivery authority. 

(8) FEDERAL POWER MARKETING ADMINISTRATION.—The term ‘‘Federal Power Marketing 

Administration’’ means— 

(A) the Bonneville Power Administration; 

(B) the Southeastern Power Administration; 

(C) the Southwestern Power Administration; and 

(D) the Western Area Power Administration. 

(9) HYDROLOGIC ACCOUNTING UNIT.—The 

term ‘‘hydrologic accounting unit’’ means 1 

of the 352 river basin hydrologic accounting 

units used by the United States Geological 

Survey. 

(10) INDIAN TRIBE.—The term ‘‘Indian 

tribe’’ has the meaning given the term in 

section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 

450b). 

(11) MAJOR AQUIFER SYSTEM.—The term 

‘‘major aquifer system’’ means a groundwater system that is— 

(A) identified as a significant groundwater 

system by the Director; and 

(B) included in the Groundwater Atlas of 

the United States, published by the United 

States Geological Survey. 

(12) MAJOR RECLAMATION RIVER BASIN.— 

(A) IN GENERAL.—The term ‘‘major reclamation river basin’’ means each major 

river system (including tributaries)— 

(i) that is located in a service area of the 

Bureau of Reclamation; and 

(ii) at which is located a federally authorized project of the Bureau of Reclamation. 

(B) INCLUSIONS.—The term ‘‘major reclamation river basin’’ includes— 

(i) the Colorado River; 

(ii) the Columbia River; 

(iii) the Klamath River; 

(iv) the Missouri River; 

(v) the Rio Grande; 

(vi) the Sacramento River; 

(vii) the San Joaquin River; and 

(viii) the Truckee River. 

(13) NON-FEDERAL PARTICIPANT.—The term 

‘‘non-Federal participant’’ means— 

(A) a State, regional, or local authority; 

(B) an Indian tribe or tribal organization; 

or 

(C) any other qualifying entity, such as a 

water conservation district, water conservancy district, or rural water district or association, or a nongovernmental organization. 

(14) PANEL.—The term ‘‘panel’’ means the 

climate change and water intragovernmental 

panel established by the Secretary under section 9506(a). 

(15) PROGRAM.—The term ‘‘program’’ 

means the regional integrated sciences and 

assessments program— 

(A) established by the Administrator; and 

(B) that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decisionmaking processes. 

(16) SECRETARY.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), the term ‘‘Secretary’’ 

means the Secretary of the Interior. 

(B) EXCEPTIONS.—The term ‘‘Secretary’’ 

means— 

(i) in the case of sections 9503, 9504, and 

9509, the Secretary of the Interior (acting 

through the Commissioner); and 

(ii) in the case of sections 9507 and 9508, the 

Secretary of the Interior (acting through the 

Director). 

(17) SERVICE AREA.—The term ‘‘service 

area’’ means any area that encompasses a 

watershed that contains a federally authorized reclamation project that is located in 

any State or area described in the first section of the Act of June 17, 1902 (43 U.S.C. 391). 


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SEC. 9503. RECLAMATION CLIMATE CHANGE AND 

WATER PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a climate change adaptation program— 

(1) to coordinate with the Administrator 

and other appropriate agencies to assess 

each effect of, and risk resulting from, global 

climate change with respect to the quantity 

of water resources located in a service area; 

and 

(2) to ensure, to the maximum extent possible, that strategies are developed at watershed and aquifer system scales to address potential water shortages, conflicts, and other 

impacts to water users located at, and the 

environment of, each service area. 

(b) REQUIRED ELEMENTS.—In carrying out 

the program described in subsection (a), the 

Secretary shall— 

(1) coordinate with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the program, and 

each appropriate State water resource agency, to ensure that the Secretary has access 

to the best available scientific information 

with respect to presently observed and projected future impacts of global climate 

change on water resources; 

(2) assess specific risks to the water supply 

of each major reclamation river basin, including any risk relating to— 

(A) a change in snowpack; 

(B) changes in the timing and quantity of 

runoff; 

(C) changes in groundwater recharge and 

discharge; and 

(D) any increase in— 

(i) the demand for water as a result of increasing temperatures; and 

(ii) the rate of reservoir evaporation; 

(3) with respect to each major reclamation 

river basin, analyze the extent to which 

changes in the water supply of the United 

States will impact— 

(A) the ability of the Secretary to deliver 

water to the contractors of the Secretary; 

(B) hydroelectric power generation facilities; 

(C) recreation at reclamation facilities; 

(D) fish and wildlife habitat; 

(E) applicable species listed as an endangered, threatened, or candidate species under 

the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(F) water quality issues (including salinity 

levels of each major reclamation river 

basin); 

(G) flow and water dependent ecological resiliency; and 

(H) flood control management; 

(4) in consultation with appropriate nonFederal participants, consider and develop 

appropriate strategies to mitigate each impact of water supply changes analyzed by the 

Secretary under paragraph (3), including 

strategies relating to— 

(A) the modification of any reservoir storage or operating guideline in existence as of 

the date of enactment of this Act; 

(B) the development of new water management, operating, or habitat restoration 

plans; 

(C) water conservation; 

(D) improved hydrologic models and other 

decision support systems; and 

(E) groundwater and surface water storage 

needs; and 

(5) in consultation with the Director, the 

Administrator, the Secretary of Agriculture 

(acting through the Chief of the Natural Resources Conservation Service), and applicable State water resource agencies, develop a 

monitoring plan to acquire and maintain 

water resources data— 

(A) to strengthen the understanding of 

water supply trends; and 

(B) to assist in each assessment and analysis conducted by the Secretary under paragraphs (2) and (3). 

(c) REPORTING.—Not later than 2 years 

after the date of enactment of this Act, and 

every 5 years thereafter, the Secretary shall 

submit to the appropriate committees of 

Congress a report that describes— 

(1) each effect of, and risk resulting from, 

global climate change with respect to the 

quantity of water resources located in each 

major reclamation river basin; 

(2) the impact of global climate change 

with respect to the operations of the Secretary in each major reclamation river 

basin; 

(3) each mitigation and adaptation strategy considered and implemented by the Secretary to address each effect of global climate change described in paragraph (1); 

(4) each coordination activity conducted by 

the Secretary with— 

(A) the Director; 

(B) the Administrator; 

(C) the Secretary of Agriculture (acting 

through the Chief of the Natural Resources 

Conservation Service); or 

(D) any appropriate State water resource 

agency; and 

(5) the implementation by the Secretary of 

the monitoring plan developed under subsection (b)(5). 

(d) FEASIBILITY STUDIES.— 

(1) AUTHORITY OF SECRETARY.—The Secretary, in cooperation with any non-Federal 

participant, may conduct 1 or more studies 

to determine the feasibility and impact on 

ecological resiliency of implementing each 

mitigation and adaptation strategy described in subsection (c)(3), including the 

construction of any water supply, water 

management, environmental, or habitat enhancement water infrastructure that the 

Secretary determines to be necessary to address the effects of global climate change on 

water resources located in each major reclamation river basin. 

(2) COST SHARING.— 

(A) FEDERAL SHARE.— 

(i) IN GENERAL.—Except as provided in 

clause (ii), the Federal share of the cost of a 

study described in paragraph (1) shall not exceed 50 percent of the cost of the study. 

(ii) EXCEPTION RELATING TO FINANCIAL

HARDSHIP.—The Secretary may increase the 

Federal share of the cost of a study described 

in paragraph (1) to exceed 50 percent of the 

cost of the study if the Secretary determines 

that, due to a financial hardship, the nonFederal participant of the study is unable to 

contribute an amount equal to 50 percent of 

the cost of the study. 

(B) NON-FEDERAL SHARE.—The non-Federal 

share of the cost of a study described in 

paragraph (1) may be provided in the form of 

any in-kind services that substantially contribute toward the completion of the study, 

as determined by the Secretary. 

(e) NO EFFECT ON EXISTING AUTHORITY.— 

Nothing in this section amends or otherwise 

affects any existing authority under reclamation laws that govern the operation of 

any Federal reclamation project. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, 

to remain available until expended. 

SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 

(a) AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may provide any grant to, or enter 

into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement— 

(A) to conserve water; 

(B) to increase water use efficiency; 

(C) to facilitate water markets; 

(D) to enhance water management, including increasing the use of renewable energy in 

the management and delivery of water; 

(E) to accelerate the adoption and use of 

advanced water treatment technologies to 

increase water supply; 

(F) to prevent the decline of species that 

the United States Fish and Wildlife Service 

and National Marine Fisheries Service have 

proposed for listing under the Endangered 

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

candidate species that are being considered 

by those agencies for such listing but are not 

yet the subject of a proposed rule); 

(G) to accelerate the recovery of threatened species, endangered species, and designated critical habitats that are adversely 

affected by Federal reclamation projects or 

are subject to a recovery plan or conservation plan under the Endangered Species Act 

of 1973 (16 U.S.C. 1531 et seq.) under which the 

Commissioner of Reclamation has implementation responsibilities; or 

(H) to carry out any other activity— 

(i) to address any climate-related impact 

to the water supply of the United States that 

increases ecological resiliency to the impacts of climate change; or 

(ii) to prevent any water-related crisis or 

conflict at any watershed that has a nexus to 

a Federal reclamation project located in a 

service area. 

(2) APPLICATION.—To be eligible to receive 

a grant, or enter into an agreement with the 

Secretary under paragraph (1), an eligible 

applicant shall— 

(A) be located within the States and areas 

referred to in the first section of the Act of 

June 17, 1902 (43 U.S.C. 391); and 

(B) submit to the Secretary an application 

that includes a proposal of the improvement 

or activity to be planned, designed, constructed, or implemented by the eligible applicant. 

(3) REQUIREMENTS OF GRANTS AND COOPERATIVE AGREEMENTS.— 

(A) COMPLIANCE WITH REQUIREMENTS.—Each 

grant and agreement entered into by the 

Secretary with any eligible applicant under 

paragraph (1) shall be in compliance with 

each requirement described in subparagraphs 

(B) through (F). 

(B) AGRICULTURAL OPERATIONS.—In carrying out paragraph (1), the Secretary shall 

not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the eligible applicant 

agrees not— 

(i) to use any associated water savings to 

increase the total irrigated acreage of the eligible applicant; or 

(ii) to otherwise increase the consumptive 

use of water in the operation of the eligible 

applicant, as determined pursuant to the law 

of the State in which the operation of the eligible applicant is located. 

(C) NONREIMBURSABLE FUNDS.—Any funds 

provided by the Secretary to an eligible applicant through a grant or agreement under 

paragraph (1) shall be nonreimbursable. 

(D) TITLE TO IMPROVEMENTS.—If an infrastructure improvement to a federally owned 

facility is the subject of a grant or other 

agreement entered into between the Secretary and an eligible applicant under paragraph (1), the Federal Government shall continue to hold title to the facility and improvements to the facility. 

(E) COST SHARING.— 

(i) FEDERAL SHARE.—The Federal share of 

the cost of any infrastructure improvement 

or activity that is the subject of a grant or 

other agreement entered into between the 

Secretary and an eligible applicant under 

paragraph (1) shall not exceed 50 percent of 


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the cost of the infrastructure improvement 

or activity. 

(ii) CALCULATION OF NON-FEDERAL SHARE.— 

In calculating the non-Federal share of the 

cost of an infrastructure improvement or activity proposed by an eligible applicant 

through an application submitted by the eligible applicant under paragraph (2), the Secretary shall— 

(I) consider the value of any in-kind services that substantially contributes toward 

the completion of the improvement or activity, as determined by the Secretary; and 

(II) not consider any other amount that 

the eligible applicant receives from a Federal agency. 

(iii) MAXIMUM AMOUNT.—The amount provided to an eligible applicant through a 

grant or other agreement under paragraph 

(1) shall be not more than $5,000,000. 

(iv) OPERATION AND MAINTENANCE COSTS.— 

The non-Federal share of the cost of operating and maintaining any infrastructure 

improvement that is the subject of a grant 

or other agreement entered into between the 

Secretary and an eligible applicant under 

paragraph (1) shall be 100 percent. 

(F) LIABILITY.— 

(i) IN GENERAL.—Except as provided under 

chapter 171 of title 28, United States Code 

(commonly known as the ‘‘Federal Tort 

Claims Act’’), the United States shall not be 

liable for monetary damages of any kind for 

any injury arising out of an act, omission, or 

occurrence that arises in relation to any facility created or improved under this section, the title of which is not held by the 

United States. 

(ii) TORT CLAIMS ACT.—Nothing in this section increases the liability of the United 

States beyond that provided in chapter 171 of 

title 28, United States Code (commonly 

known as the ‘‘Federal Tort Claims Act’’). 

(b) RESEARCH AGREEMENTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may enter into 1 or more agreements 

with any university, nonprofit research institution, or organization with water or 

power delivery authority to fund any research activity that is designed— 

(A) to conserve water resources; 

(B) to increase the efficiency of the use of 

water resources; or 

(C) to enhance the management of water 

resources, including increasing the use of renewable energy in the management and delivery of water. 

(2) TERMS AND CONDITIONS OF SECRETARY.— 

(A) IN GENERAL.—An agreement entered 

into between the Secretary and any university, institution, or organization described in 

paragraph (1) shall be subject to such terms 

and conditions as the Secretary determines 

to be appropriate. 

(B) AVAILABILITY.—The agreements under 

this subsection shall be available to all Reclamation projects and programs that may 

benefit from project-specific or programmatic cooperative research and development. 

(c) MUTUAL BENEFIT.—Grants or other 

agreements made under this section may be 

for the mutual benefit of the United States 

and the entity that is provided the grant or 

enters into the cooperative agreement. 

(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHORITY.—This section shall not supersede 

any existing project-specific funding authority. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $200,000,000, to remain 

available until expended. 

SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 

(a) DUTY OF SECRETARY OF ENERGY.—The 

Secretary of Energy, in consultation with 

the Administrator of each Federal Power 

Marketing Administration, shall assess each 

effect of, and risk resulting from, global climate change with respect to water supplies 

that are required for the generation of hydroelectric power at each Federal water 

project that is applicable to a Federal Power 

Marketing Administration. 

(b) ACCESS TO APPROPRIATE DATA.— 

(1) IN GENERAL.—In carrying out each assessment under subsection (a), the Secretary 

of Energy shall consult with the United 

States Geological Survey, the National Oceanic and Atmospheric Administration, the 

program, and each appropriate State water 

resource agency, to ensure that the Secretary of Energy has access to the best available scientific information with respect to 

presently observed impacts and projected future impacts of global climate change on 

water supplies that are used to produce hydroelectric power. 

(2) ACCESS TO DATA FOR CERTAIN ASSESSMENTS.—In carrying out each assessment 

under subsection (a), with respect to the 

Bonneville Power Administration and the 

Western Area Power Administration, the 

Secretary of Energy shall consult with the 

Commissioner to access data and other information that— 

(A) is collected by the Commissioner; and 

(B) the Secretary of Energy determines to 

be necessary for the conduct of the assessment. 

(c) REPORT.—Not later than 2 years after 

the date of enactment of this Act, and every 

5 years thereafter, the Secretary of Energy 

shall submit to the appropriate committees 

of Congress a report that describes— 

(1) each effect of, and risk resulting from, 

global climate change with respect to— 

(A) water supplies used for hydroelectric 

power generation; and 

(B) power supplies marketed by each Federal Power Marketing Administration, pursuant to— 

(i) long-term power contracts; 

(ii) contingent capacity contracts; and 

(iii) short-term sales; and 

(2) each recommendation of the Administrator of each Federal Power Marketing Administration relating to any change in any 

operation or contracting practice of each 

Federal Power Marketing Administration to 

address each effect and risk described in 

paragraph (1), including the use of purchased 

power to meet long-term commitments of 

each Federal Power Marketing Administration. 

(d) AUTHORITY.—The Secretary of Energy 

may enter into contracts, grants, or other 

agreements with appropriate entities to 

carry out this section. 

(e) COSTS.— 

(1) NONREIMBURSABLE.—Any costs incurred 

by the Secretary of Energy in carrying out 

this section shall be nonreimbursable. 

(2) PMA COSTS.—Each Federal Power Marketing Administration shall incur costs in 

carrying out this section only to the extent 

that appropriated funds are provided by the 

Secretary of Energy for that purpose. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, 

to remain available until expended. 

SEC. 9506. CLIMATE CHANGE AND WATER 

INTRAGOVERNMENTAL PANEL. 

(a) ESTABLISHMENT.—The Secretary and 

the Administrator shall establish and lead a 

climate change and water intragovernmental 

panel— 

(1) to review the current scientific understanding of each impact of global climate 

change on the quantity and quality of freshwater resources of the United States; and 

(2) to develop any strategy that the panel 

determines to be necessary to improve observational capabilities, expand data acquisition, or take other actions— 

(A) to increase the reliability and accuracy 

of modeling and prediction systems to benefit water managers at the Federal, State, 

and local levels; and 

(B) to increase the understanding of the 

impacts of climate change on aquatic ecosystems. 

(b) MEMBERSHIP.—The panel shall be comprised of— 

(1) the Secretary; 

(2) the Director; 

(3) the Administrator; 

(4) the Secretary of Agriculture (acting 

through the Under Secretary for Natural Resources and Environment); 

(5) the Commissioner; 

(6) the Secretary of the Army, acting 

through the Chief of Engineers; 

(7) the Administrator of the Environmental Protection Agency; and 

(8) the Secretary of Energy. 

(c) REVIEW ELEMENTS.—In conducting the 

review and developing the strategy under 

subsection (a), the panel shall consult with 

State water resource agencies, the Advisory 

Committee, drinking water utilities, water 

research organizations, and relevant water 

user, environmental, and other nongovernmental organizations— 

(1) to assess the extent to which the conduct of measures of streamflow, groundwater 

levels, soil moisture, evapotranspiration 

rates, evaporation rates, snowpack levels, 

precipitation amounts, flood risk, and glacier mass is necessary to improve the understanding of the Federal Government and the 

States with respect to each impact of global 

climate change on water resources; 

(2) to identify data gaps in current water 

monitoring networks that must be addressed 

to improve the capability of the Federal 

Government and the States to measure, analyze, and predict changes to the quality and 

quantity of water resources, including flood 

risks, that are directly or indirectly affected 

by global climate change; 

(3) to establish data management and communication protocols and standards to increase the quality and efficiency by which 

each Federal agency acquires and reports 

relevant data; 

(4) to consider options for the establishment of a data portal to enhance access to 

water resource data— 

(A) relating to each nationally significant 

freshwater watershed and aquifer located in 

the United States; and 

(B) that is collected by each Federal agency and any other public or private entity for 

each nationally significant freshwater watershed and aquifer located in the United 

States; 

(5) to facilitate the development of hydrologic and other models to integrate data that 

reflects groundwater and surface water 

interactions; and 

(6) to apply the hydrologic and other models developed under paragraph (5) to water 

resource management problems identified by 

the panel, including the need to maintain or 

improve ecological resiliency at watershed 

and aquifer system scales. 

(d) REPORT.—Not later than 2 years after 

the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that describes 

the review conducted, and the strategy developed, by the panel under subsection (a). 

(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOPMENT PROJECTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary, in consultation with the panel and 

the Advisory Committee, may provide grants 

to, or enter into any contract, cooperative 

agreement, interagency agreement, or other 

transaction with, an appropriate entity to 


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carry out any demonstration, research, or 

methodology development project that the 

Secretary determines to be necessary to assist in the implementation of the strategy 

developed by the panel under subsection 

(a)(2). 

(2) REQUIREMENTS.— 

(A) MAXIMUM AMOUNT OF FEDERAL SHARE.— 

The Federal share of the cost of any demonstration, research, or methodology development project that is the subject of any 

grant, contract, cooperative agreement, 

interagency agreement, or other transaction 

entered into between the Secretary and an 

appropriate entity under paragraph (1) shall 

not exceed $1,000,000. 

(B) REPORT.—An appropriate entity that 

receives funds from a grant, contract, cooperative agreement, interagency agreement, 

or other transaction entered into between 

the Secretary and the appropriate entity 

under paragraph (1) shall submit to the Secretary a report describing the results of the 

demonstration, research, or methodology development project conducted by the appropriate entity. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out subsections (a) 

through (d) $2,000,000 for each of fiscal years 

2009 through 2011, to remain available until 

expended. 

(2) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOPMENT PROJECTS.—There is 

authorized to be appropriated to carry out 

subsection (e) $10,000,000 for the period of fiscal years 2009 through 2013, to remain available until expended. 

SEC. 9507. WATER DATA ENHANCEMENT BY 

UNITED STATES GEOLOGICAL SURVEY. 

(a) NATIONAL STREAMFLOW INFORMATION

PROGRAM.— 

(1) IN GENERAL.—The Secretary, in consultation with the Advisory Committee and 

the Panel and consistent with this section, 

shall proceed with implementation of the national streamflow information program, as 

reviewed by the National Research Council 

in 2004. 

(2) REQUIREMENTS.—In conducting the national streamflow information program, the 

Secretary shall— 

(A) measure streamflow and related environmental variables in nationally significant 

watersheds— 

(i) in a reliable and continuous manner; 

and 

(ii) to develop a comprehensive source of 

information on which public and private decisions relating to the management of water 

resources may be based; 

(B) provide for a better understanding of 

hydrologic extremes (including floods and 

droughts) through the conduct of intensive 

data collection activities during and following hydrologic extremes; 

(C) establish a base network that provides 

resources that are necessary for— 

(i) the monitoring of long-term changes in 

streamflow; and 

(ii) the conduct of assessments to determine the extent to which each long-term 

change monitored under clause (i) is related 

to global climate change; 

(D) integrate the national streamflow information program with data collection activities of Federal agencies and appropriate 

State water resource agencies (including the 

National Integrated Drought Information 

System)— 

(i) to enhance the comprehensive understanding of water availability; 

(ii) to improve flood-hazard assessments; 

(iii) to identify any data gap with respect 

to water resources; and 

(iv) to improve hydrologic forecasting; and 

(E) incorporate principles of adaptive management in the conduct of periodic reviews 

of information collected under the national 

streamflow information program to assess 

whether the objectives of the national 

streamflow information program are being 

adequately addressed. 

(3) IMPROVED METHODOLOGIES.—The Secretary shall— 

(A) improve methodologies relating to the 

analysis and delivery of data; and 

(B) investigate, develop, and implement 

new methodologies and technologies to estimate or measure streamflow in a more costefficient manner. 

(4) NETWORK ENHANCEMENT.— 

(A) IN GENERAL.—Not later than 10 years 

after the date of enactment of this Act, in 

accordance with subparagraph (B), the Secretary shall— 

(i) increase the number of streamgages 

funded by the national streamflow information program to a quantity of not less than 

4,700 sites; and 

(ii) ensure all streamgages are flood-hardened and equipped with water-quality sensors and modernized telemetry. 

(B) REQUIREMENTS OF SITES.—Each site described in subparagraph (A) shall conform 

with the National Streamflow Information 

Program plan as reviewed by the National 

Research Council. 

(5) FEDERAL SHARE.—The Federal share of 

the national streamgaging network established pursuant to this subsection shall be 

100 percent of the cost of carrying out the 

national streamgaging network. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

(A) IN GENERAL.—Except as provided in 

subparagraph (B), there are authorized to be 

appropriated such sums as are necessary to 

operate the national streamflow information 

program for the period of fiscal years 2009 

through 2023, to remain available until expended. 

(B) NETWORK ENHANCEMENT FUNDING.— 

There is authorized to be appropriated to 

carry out the network enhancements described in paragraph (4) $10,000,000 for each of 

fiscal years 2009 through 2019, to remain 

available until expended. 

(b) NATIONAL GROUNDWATER RESOURCES

MONITORING.— 

(1) IN GENERAL.—The Secretary shall develop a systematic groundwater monitoring 

program for each major aquifer system located in the United States. 

(2) PROGRAM ELEMENTS.—In developing the 

monitoring program described in paragraph 

(1), the Secretary shall— 

(A) establish appropriate criteria for monitoring wells to ensure the acquisition of 

long-term, high-quality data sets, including, 

to the maximum extent possible, the inclusion of real-time instrumentation and reporting; 

(B) in coordination with the Advisory Committee and State and local water resource 

agencies— 

(i) assess the current scope of groundwater 

monitoring based on the access availability 

and capability of each monitoring well in existence as of the date of enactment of this 

Act; and 

(ii) develop and carry out a monitoring 

plan that maximizes coverage for each major 

aquifer system that is located in the United 

States; and 

(C) prior to initiating any specific monitoring activities within a State after the 

date of enactment of this Act, consult and 

coordinate with the applicable State water 

resource agency with jurisdiction over the 

aquifer that is the subject of the monitoring 

activities, and comply with all applicable 

laws (including regulations) of the State. 

(3) PROGRAM OBJECTIVES.—In carrying out 

the monitoring program described in paragraph (1), the Secretary shall— 

(A) provide data that is necessary for the 

improvement of understanding with respect 

to surface water and groundwater interactions; 

(B) by expanding the network of monitoring wells to reach each climate division, 

support the groundwater climate response 

network to improve the understanding of the 

effects of global climate change on groundwater recharge and availability; and 

(C) support the objectives of the assessment program. 

(4) IMPROVED METHODOLOGIES.—The Secretary shall— 

(A) improve methodologies relating to the 

analysis and delivery of data; and 

(B) investigate, develop, and implement 

new methodologies and technologies to estimate or measure groundwater recharge, discharge, and storage in a more cost-efficient 

manner. 

(5) FEDERAL SHARE.—The Federal share of 

the monitoring program described in paragraph (1) may be 100 percent of the cost of 

carrying out the monitoring program. 

(6) PRIORITY.—In selecting monitoring activities consistent with the monitoring program described in paragraph (1), the Secretary shall give priority to those activities 

for which a State or local governmental entity agrees to provide for a substantial share 

of the cost of establishing or operating a 

monitoring well or other measuring device 

to carry out a monitoring activity. 

(7) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this subsection for the period of fiscal years 2009 

through 2023, to remain available until expended. 

(c) BRACKISH GROUNDWATER ASSESSMENT.— 

(1) STUDY.—The Secretary, in consultation 

with State and local water resource agencies, shall conduct a study of available data 

and other relevant information— 

(A) to identify significant brackish groundwater resources located in the United States; 

and 

(B) to consolidate any available data relating to each groundwater resource identified 

under subparagraph (A). 

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

the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes— 

(A) a description of each— 

(i) significant brackish aquifer that is located in the United States (including 1 or 

more maps of each significant brackish aquifer that is located in the United States); 

(ii) data gap that is required to be addressed to fully characterize each brackish 

aquifer described in clause (i); and 

(iii) current use of brackish groundwater 

that is supplied by each brackish aquifer described in clause (i); and 

(B) a summary of the information available as of the date of enactment of this Act 

with respect to each brackish aquifer described in subparagraph (A)(i) (including the 

known level of total dissolved solids in each 

brackish aquifer). 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this subsection $3,000,000 for the 

period of fiscal years 2009 through 2011, to remain available until expended. 

(d) IMPROVED WATER ESTIMATION, MEASUREMENT, AND MONITORING TECHNOLOGIES.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may provide grants on a nonreimbursable basis to appropriate entities with expertise in water resource data acquisition and 

reporting, including Federal agencies, the 

Water Resources Research Institutes and 


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other academic institutions, and private entities, to— 

(A) investigate, develop, and implement 

new methodologies and technologies to estimate or measure water resources data in a 

cost-efficient manner; and 

(B) improve methodologies relating to the 

analysis and delivery of data. 

(2) PRIORITY.—In providing grants to appropriate entities under paragraph (1), the 

Secretary shall give priority to appropriate 

entities that propose the development of new 

methods and technologies for— 

(A) predicting and measuring streamflows; 

(B) estimating changes in the storage of 

groundwater; 

(C) improving data standards and methods 

of analysis (including the validation of data 

entered into geographic information system 

databases); 

(D) measuring precipitation and potential 

evapotranspiration; and 

(E) water withdrawals, return flows, and 

consumptive use. 

(3) PARTNERSHIPS.—In recognition of the 

value of collaboration to foster innovation 

and enhance research and development efforts, the Secretary shall encourage partnerships, including public-private partnerships, 

between and among Federal agencies, academic institutions, and private entities to 

promote the objectives described in paragraph (1). 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this subsection $5,000,000 for each 

of fiscal years 2009 through 2019. 

SEC. 9508. NATIONAL WATER AVAILABILITY AND 

USE ASSESSMENT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, in coordination with the Advisory Committee and 

State and local water resource agencies, 

shall establish a national assessment program to be known as the ‘‘national water 

availability and use assessment program’’— 

(1) to provide a more accurate assessment 

of the status of the water resources of the 

United States; 

(2) to assist in the determination of the 

quantity of water that is available for beneficial uses; 

(3) to assist in the determination of the 

quality of the water resources of the United 

States; 

(4) to identify long-term trends in water 

availability; 

(5) to use each long-term trend described in 

paragraph (4) to provide a more accurate assessment of the change in the availability of 

water in the United States; and 

(6) to develop the basis for an improved 

ability to forecast the availability of water 

for future economic, energy production, and 

environmental uses. 

(b) PROGRAM ELEMENTS.— 

(1) WATER USE.—In carrying out the assessment program, the Secretary shall conduct 

any appropriate activity to carry out an ongoing assessment of water use in hydrologic 

accounting units and major aquifer systems 

located in the United States, including— 

(A) the maintenance of a comprehensive 

national water use inventory to enhance the 

level of understanding with respect to the effects of spatial and temporal patterns of 

water use on the availability and sustainable 

use of water resources; 

(B) the incorporation of water use science 

principles, with an emphasis on applied research and statistical estimation techniques 

in the assessment of water use; 

(C) the integration of any dataset maintained by any other Federal or State agency 

into the dataset maintained by the Secretary; and 

(D) a focus on the scientific integration of 

any data relating to water use, water flow, 

or water quality to generate relevant information relating to the impact of human activity on water and ecological resources. 

(2) WATER AVAILABILITY.—In carrying out 

the assessment program, the Secretary shall 

conduct an ongoing assessment of water 

availability by— 

(A) developing and evaluating nationally 

consistent indicators that reflect each status 

and trend relating to the availability of 

water resources in the United States, including— 

(i) surface water indicators, such as 

streamflow and surface water storage measures (including lakes, reservoirs, perennial 

snowfields, and glaciers); 

(ii) groundwater indicators, including 

groundwater level measurements and 

changes in groundwater levels due to— 

(I) natural recharge; 

(II) withdrawals; 

(III) saltwater intrusion; 

(IV) mine dewatering; 

(V) land drainage; 

(VI) artificial recharge; and 

(VII) other relevant factors, as determined 

by the Secretary; and 

(iii) impaired surface water and groundwater supplies that are known, accessible, 

and used to meet ongoing water demands; 

(B) maintaining a national database of 

water availability data that— 

(i) is comprised of maps, reports, and other 

forms of interpreted data; 

(ii) provides electronic access to the 

archived data of the national database; and 

(iii) provides for real-time data collection; 

and 

(C) developing and applying predictive 

modeling tools that integrate groundwater, 

surface water, and ecological systems. 

(c) GRANT PROGRAM.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may provide grants to State water resource agencies to assist State water resource agencies in— 

(A) developing water use and availability 

datasets that are integrated with each appropriate dataset developed or maintained 

by the Secretary; or 

(B) integrating any water use or water 

availability dataset of the State water resource agency into each appropriate dataset 

developed or maintained by the Secretary. 

(2) CRITERIA.—To be eligible to receive a 

grant under paragraph (1), a State water resource agency shall demonstrate to the Secretary that the water use and availability 

dataset proposed to be established or integrated by the State water resource agency— 

(A) is in compliance with each quality and 

conformity standard established by the Secretary to ensure that the data will be capable of integration with any national dataset; 

and 

(B) will enhance the ability of the officials 

of the State or the State water resource 

agency to carry out each water management 

and regulatory responsibility of the officials 

of the State in accordance with each applicable law of the State. 

(3) MAXIMUM AMOUNT.—The amount of a 

grant provided to a State water resource 

agency under paragraph (1) shall be an 

amount not more than $250,000. 

(d) REPORT.—Not later than December 31, 

2012, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that provides a 

detailed assessment of— 

(1) the current availability of water resources in the United States, including— 

(A) historic trends and annual updates of 

river basin inflows and outflows; 

(B) surface water storage; 

(C) groundwater reserves; and 

(D) estimates of undeveloped potential resources (including saline and brackish water 

and wastewater); 

(2) significant trends affecting water availability, including each documented or projected impact to the availability of water as 

a result of global climate change; 

(3) the withdrawal and use of surface water 

and groundwater by various sectors, including— 

(A) the agricultural sector; 

(B) municipalities; 

(C) the industrial sector; 

(D) thermoelectric power generators; and 

(E) hydroelectric power generators; 

(4) significant trends relating to each 

water use sector, including significant 

changes in water use due to the development 

of new energy supplies; 

(5) significant water use conflicts or shortages that have occurred or are occurring; 

and 

(6) each factor that has caused, or is causing, a conflict or shortage described in paragraph (5). 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to carry out subsections (a), 

(b), and (d) $20,000,000 for each of fiscal years 

2009 through 2023, to remain available until 

expended. 

(2) GRANT PROGRAM.—There is authorized 

to be appropriated to carry out subsection 

(c) $12,500,000 for the period of fiscal years 

2009 through 2013, to remain available until 

expended. 

SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 

The Secretary may enter into contracts, 

grants, or cooperative agreements, for periods not to exceed 5 years, to carry out research within the Bureau of Reclamation. 

SEC. 9510. EFFECT. 

(a) IN GENERAL.—Nothing in this subtitle 

supersedes or limits any existing authority 

provided, or responsibility conferred, by any 

provision of law. 

(b) EFFECT ON STATE WATER LAW.— 

(1) IN GENERAL.—Nothing in this subtitle 

preempts or affects any— 

(A) State water law; or 

(B) interstate compact governing water. 

(2) COMPLIANCE REQUIRED.—The Secretary 

shall comply with applicable State water 

laws in carrying out this subtitle. 

Subtitle G—Aging Infrastructure 

SEC. 9601 DEFINITIONS. 

In this subtitle: 

(1) INSPECTION.—The term ‘‘inspection’’ 

means an inspection of a project facility carried out by the Secretary— 

(A) to assess and determine the general 

condition of the project facility; and 

(B) to estimate the value of property, and 

the size of the population, that would be at 

risk if the project facility fails, is breached, 

or otherwise allows flooding to occur. 

(2) PROJECT FACILITY.—The term ‘‘project 

facility’’ means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the 

Federal reclamation law (the Act of June 17, 

1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 

U.S.C. 371 et seq.). 

(3) RESERVED WORKS.—The term ‘‘reserved 

works’’ mean any project facility at which 

the Secretary carries out the operation and 

maintenance of the project facility. 

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

means the Secretary of the Interior, acting 

through the Commissioner of Reclamation. 

(5) TRANSFERRED WORKS.—The term ‘‘transferred works’’ means a project facility, the 

operation and maintenance of which is carried out by a non-Federal entity, under the 

provisions of a formal operation and maintenance transfer contract. 

(6) TRANSFERRED WORKS OPERATING ENTITY.—The term ‘‘transferred works operating 


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entity’’ means the organization which is contractually responsible for operation and 

maintenance of transferred works. 

(7) EXTRAORDINARY OPERATION AND MAINTENANCE WORK.—The term ‘‘extraordinary operation and maintenance work’’ means major, 

nonrecurring maintenance to Reclamationowned or operated facilities, or facility components, that is— 

(A) intended to ensure the continued safe, 

dependable, and reliable delivery of authorized project benefits; and 

(B) greater than 10 percent of the contractor’s or the transferred works operating entity’s annual operation and maintenance budget for the facility, or greater than $100,000. 

SEC. 9602. GUIDELINES AND INSPECTION OF 

PROJECT FACILITIES AND TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING ENTITIES. 

(a) GUIDELINES AND INSPECTIONS.— 

(1) DEVELOPMENT OF GUIDELINES.—Not later 

than 1 year after the date of enactment of 

this Act, the Secretary in consultation with 

transferred works operating entities shall 

develop, consistent with existing transfer 

contracts, specific inspection guidelines for 

project facilities which are in proximity to 

urbanized areas and which could pose a risk 

to public safety or property damage if such 

project facilities were to fail. 

(2) CONDUCT OF INSPECTIONS.—Not later 

than 3 years after the date of enactment of 

this Act, the Secretary shall conduct inspections of those project facilities, which are in 

proximity to urbanized areas and which 

could pose a risk to public safety or property 

damage if such facilities were to fail, using 

such specific inspection guidelines and criteria developed pursuant to paragraph (1). In 

selecting project facilities to inspect, the 

Secretary shall take into account the potential magnitude of public safety and economic 

damage posed by each project facility. 

(3) TREATMENT OF COSTS.—The costs incurred by the Secretary in conducting these 

inspections shall be nonreimbursable. 

(b) USE OF INSPECTION DATA.—The Secretary shall use the data collected through 

the conduct of the inspections under subsection (a)(2) to— 

(1) provide recommendations to the transferred works operating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing 

transfer contracts, and structural modifications to those transferred works; 

(2) determine an appropriate inspection 

frequency for such nondam project facilities 

which shall not exceed 6 years; and 

(3) provide, upon request of transferred 

work operating entities, local governments, 

or State agencies, information regarding potential hazards posed by existing or proposed 

residential, commercial, industrial or publicuse development adjacent to project facilities. 

(c) TECHNICAL ASSISTANCE TO TRANSFERRED

WORKS OPERATING ENTITIES.— 

(1) AUTHORITY OF SECRETARY TO PROVIDE

TECHNICAL ASSISTANCE.—The Secretary is authorized, at the request of a transferred 

works operating entity in proximity to an 

urbanized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts: 

(A) Development of documented operating 

procedures for a project facility. 

(B) Development of documented emergency 

notification and response procedures for a 

project facility. 

(C) Development of facility inspection criteria for a project facility. 

(D) Development of a training program on 

operation and maintenance requirements 

and practices for a project facility for a 

transferred works operating entity’s workforce. 

(E) Development of a public outreach plan 

on the operation and risks associated with a 

project facility. 

(F) Development of any other plans or documentation which, in the judgment of the 

Secretary, will contribute to public safety 

and the sage operation of a project facility. 

(2) COSTS.—The Secretary is authorized to 

provide, on a non-reimbursable basis, up to 

50 percent of the cost of such technical assistance, with the balance of such costs 

being advanced by the transferred works operating entity or other non-Federal source. 

The non-Federal 50 percent minimum cost 

share for such technical assistance may be in 

the form of in-lieu contributions of resources 

by the transferred works operating entity or 

other non-Federal source. 

SEC. 9603. EXTRAORDINARY OPERATION AND 

MAINTENANCE WORK PERFORMED 

BY THE SECRETARY. 

(a) IN GENERAL.—The Secretary or the 

transferred works operating entity may 

carry out, in accordance with subsection (b) 

and consistent with existing transfer contracts, any extraordinary operation and 

maintenance work on a project facility that 

the Secretary determines to be reasonably 

required to preserve the structural safety of 

the project facility. 

(b) REIMBURSEMENT OF COSTS ARISING FROM

EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— 

(1) TREATMENT OF COSTS.—For reserved 

works, costs incurred by the Secretary in 

conducting extraordinary operation and 

maintenance work will be allocated to the 

authorized reimbursable purposes of the 

project and shall be repaid within 50 years, 

with interest, from the year in which work 

undertaken pursuant to this subtitle is substantially complete. 

(2) AUTHORITY OF SECRETARY.—For transferred works, the Secretary is authorized to 

advance the costs incurred by the transferred works operating entity in conducting 

extraordinary operation and maintenance 

work and negotiate appropriate 50-year repayment contracts with project beneficiaries 

providing for the return of reimbursable 

costs, with interest, under this subsection: 

Provided, however, That no contract entered 

into pursuant to this subtitle shall be 

deemed to be a new or amended contract for 

the purposes of section 203(a) of the Reclamation Reform Act of 1982 (43 U.S.C. 

390cc(a)). 

(3) DETERMINATION OF INTEREST RATE.—The 

interest rate used for computing interest on 

work in progress and interest on the unpaid 

balance of the reimbursable costs of extraordinary operation and maintenance work authorized by this subtitle shall be determined 

by the Secretary of the Treasury, as of the 

beginning of the fiscal year in which extraordinary operation and maintenance work is 

commenced, on the basis of average market 

yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the 

applicable reimbursement period of the 

project, adjusted to the nearest 1⁄8 of 1 percent on the unamortized balance of any portion of the loan. 

(c) EMERGENCY EXTRAORDINARY OPERATION

AND MAINTENANCE WORK.— 

(1) IN GENERAL.—The Secretary or the 

transferred works operating entity shall 

carry out any emergency extraordinary operation and maintenance work on a project facility that the Secretary determines to be 

necessary to minimize the risk of imminent 

harm to public health or safety, or property. 

(2) REIMBURSEMENT.—The Secretary may 

advance funds for emergency extraordinary 

operation and maintenance work and shall 

seek reimbursement from the transferred 

works operating entity or benefitting entity 

upon receiving a written assurance from the 

governing body of such entity that it will negotiate a contract pursuant to section 9603 

for repayment of costs incurred by the Secretary in undertaking such work. 

(3) FUNDING.—If the Secretary determines 

that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance pursuant to paragraph (1), the Secretary may 

provide Federal funds on a nonreimbursable 

basis sufficient to cover 35 percent of the 

cost of the extraordinary operation and 

maintenance allocable to the transferred 

works operating entity, which is needed to 

minimize the risk of imminent harm. The remaining share of the Federal funds advanced 

by the Secretary for such work shall be repaid under subsection (b). 

SEC. 9604. RELATIONSHIP TO TWENTY-FIRST 

CENTURY WATER WORKS ACT. 

Nothing in this subtitle shall preclude a 

transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First Century Water 

Works Act (43 U.S.C. 2401 et seq.). 

SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

subtitle. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration 

Settlement 

PART I—SAN JOAQUIN RIVER 

RESTORATION SETTLEMENT ACT 

SEC. 10001. SHORT TITLE. 

This part may be cited as the ‘‘San Joaquin River Restoration Settlement Act’’. 

SEC. 10002. PURPOSE. 

The purpose of this part is to authorize implementation of the Settlement. 

SEC. 10003. DEFINITIONS. 

In this part: 

(1) The terms ‘‘Friant Division long-term 

contractors’’, ‘‘Interim Flows’’, ‘‘Restoration 

Flows’’, ‘‘Recovered Water Account’’, ‘‘Restoration Goal’’, and ‘‘Water Management 

Goal’’ have the meanings given the terms in 

the Settlement. 

(2) The term ‘‘Secretary’’ means the Secretary of the Interior. 

(3) The term ‘‘Settlement’’ means the Stipulation of Settlement dated September 13, 

2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., United States District Court, 

Eastern District of California, No. CIV. S–88– 

1658–LKK/GGH. 

SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 

(a) IN GENERAL.—The Secretary of the Interior is hereby authorized and directed to 

implement the terms and conditions of the 

Settlement in cooperation with the State of 

California, including the following measures 

as these measures are prescribed in the Settlement: 

(1) Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or 

fund any such improvements to facilities or 

property of the State of California without 

the approval of the State of California and 

the State’s agreement in 1 or more memoranda of understanding to participate where 

appropriate. 

(2) Modify Friant Dam operations so as to 

provide Restoration Flows and Interim 

Flows. 

(3) Acquire water, water rights, or options 

to acquire water as described in paragraph 13 

of the Settlement, provided, however, such 


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acquisitions shall only be made from willing 

sellers and not through eminent domain. 

(4) Implement the terms and conditions of 

paragraph 16 of the Settlement related to recirculation, recapture, reuse, exchange, or 

transfer of water released for Restoration 

Flows or Interim Flows, for the purpose of 

accomplishing the Water Management Goal 

of the Settlement, subject to— 

(A) applicable provisions of California 

water law; 

(B) the Secretary’s use of Central Valley 

Project facilities to make Project water 

(other than water released from Friant Dam 

pursuant to the Settlement) and water acquired through transfers available to existing south-of-Delta Central Valley Project 

contractors; and 

(C) the Secretary’s performance of the 

Agreement of November 24, 1986, between the 

United States of America and the Department of Water Resources of the State of 

California for the coordinated operation of 

the Central Valley Project and the State 

Water Project as authorized by Congress in 

section 2(d) of the Act of August 26, 1937 (50 

Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said 

Agreement. 

(5) Develop and implement the Recovered 

Water Account as specified in paragraph 

16(b) of the Settlement, including the pricing 

and payment crediting provisions described 

in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal 

reclamation law shall remain applicable. 

(b) AGREEMENTS.— 

(1) AGREEMENTS WITH THE STATE.—In order 

to facilitate or expedite implementation of 

the Settlement, the Secretary is authorized 

and directed to enter into appropriate agreements, including cost-sharing agreements, 

with the State of California. 

(2) OTHER AGREEMENTS.—The Secretary is 

authorized to enter into contracts, memoranda of understanding, financial assistance 

agreements, cost sharing agreements, and 

other appropriate agreements with State, 

tribal, and local governmental agencies, and 

with private parties, including agreements 

related to construction, improvement, and 

operation and maintenance of facilities, subject to any terms and conditions that the 

Secretary deems necessary to achieve the 

purposes of the Settlement. 

(c) ACCEPTANCE AND EXPENDITURE OF NONFEDERAL FUNDS.—The Secretary is authorized to accept and expend non-Federal funds 

in order to facilitate implementation of the 

Settlement. 

(d) MITIGATION OF IMPACTS.—Prior to the 

implementation of decisions or agreements 

to construct, improve, operate, or maintain 

facilities that the Secretary determines are 

needed to implement the Settlement, the 

Secretary shall identify— 

(1) the impacts associated with such actions; and 

(2) the measures which shall be implemented to mitigate impacts on adjacent and 

downstream water users and landowners. 

(e) DESIGN AND ENGINEERING STUDIES.—The 

Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement. 

(f) EFFECT ON CONTRACT WATER ALLOCATIONS.—Except as otherwise provided in this 

section, the implementation of the Settlement and the reintroduction of California 

Central Valley Spring Run Chinook salmon 

pursuant to the Settlement and section 

10011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, 

other than Friant Division long-term contractors. 

(g) EFFECT ON EXISTING WATER CONTRACTS.—Except as provided in the Settlement and this part, nothing in this part shall 

modify or amend the rights and obligations 

of the parties to any existing water service, 

repayment, purchase, or exchange contract. 

(h) INTERIM FLOWS.— 

(1) STUDY REQUIRED.—Prior to releasing 

any Interim Flows under the Settlement, the 

Secretary shall prepare an analysis in compliance with the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), including at a minimum— 

(A) an analysis of channel conveyance capacities and potential for levee or groundwater seepage; 

(B) a description of the associated seepage 

monitoring program; 

(C) an evaluation of— 

(i) possible impacts associated with the release of Interim Flows; and 

(ii) mitigation measures for those impacts 

that are determined to be significant; 

(D) a description of the associated flow 

monitoring program; and 

(E) an analysis of the likely Federal costs, 

if any, of any fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south of the 

confluence with the Merced River required 

under the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.) as a result of the Interim 

Flows. 

(2) CONDITIONS FOR RELEASE.—The Secretary is authorized to release Interim Flows 

to the extent that such flows would not— 

(A) impede or delay completion of the 

measures specified in Paragraph 11(a) of the 

Settlement; or 

(B) exceed existing downstream channel 

capacities. 

(3) SEEPAGE IMPACTS.—The Secretary shall 

reduce Interim Flows to the extent necessary to address any material adverse impacts to third parties from groundwater 

seepage caused by such flows that the Secretary identifies based on the monitoring 

program of the Secretary. 

(4) TEMPORARY FISH BARRIER PROGRAM.— 

The Secretary, in consultation with the California Department of Fish and Game, shall 

evaluate the effectiveness of the Hills Ferry 

barrier in preventing the unintended upstream migration of anadromous fish in the 

San Joaquin River and any false migratory 

pathways. If that evaluation determines that 

any such migration past the barrier is 

caused by the introduction of the Interim 

Flows and that the presence of such fish will 

result in the imposition of additional regulatory actions against third parties, the Secretary is authorized to assist the Department of Fish and Game in making improvements to the barrier. From funding made 

available in accordance with section 10009, if 

third parties along the San Joaquin River 

south of its confluence with the Merced 

River are required to install fish screens or 

fish bypass facilities due to the release of Interim Flows in order to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.), the Secretary shall bear the costs of 

the installation of such screens or facilities 

if such costs would be borne by the Federal 

Government under section 10009(a)(3), except 

to the extent that such costs are already or 

are further willingly borne by the State of 

California or by the third parties. 

(i) FUNDING AVAILABILITY.— 

(1) IN GENERAL.—Funds shall be collected 

in the San Joaquin River Restoration Fund 

through October 1, 2019, and thereafter, with 

substantial amounts available through October 1, 2019, pursuant to section 10009 for implementation of the Settlement and parts I 

and III, including— 

(A) $88,000,000, to be available without further appropriation pursuant to section 

10009(c)(2); 

(B) additional amounts authorized to be 

appropriated, including the charges required 

under section 10007 and an estimated 

$20,000,000 from the CVP Restoration Fund 

pursuant to section 10009(b)(2); and 

(C) an aggregate commitment of at least 

$200,000,000 by the State of California. 

(2) ADDITIONAL AMOUNTS.—Substantial additional amounts from the San Joaquin 

River Restoration Fund shall become available without further appropriation after October 1, 2019, pursuant to section 10009(c)(2). 

(3) EFFECT OF SUBSECTION.—Nothing in this 

subsection limits the availability of funds 

authorized for appropriation pursuant to section 10009(b) or 10203(c). 

(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Subject to section 10006(b), nothing 

in this part shall modify or amend the rights 

and obligations under the Purchase Contract 

between Miller and Lux and the United 

States and the Second Amended Exchange 

Contract between the United States, Department of the Interior, Bureau of Reclamation 

and Central California Irrigation District, 

San Luis Canal Company, Firebaugh Canal 

Water District and Columbia Canal Company. 

SEC. 10005. ACQUISITION AND DISPOSAL OF 

PROPERTY; TITLE TO FACILITIES. 

(a) TITLE TO FACILITIES.—Unless acquired 

pursuant to subsection (b), title to any facility or facilities, stream channel, levees, or 

other real property modified or improved in 

the course of implementing the Settlement 

authorized by this part, and title to any 

modifications or improvements of such facility or facilities, stream channel, levees, or 

other real property— 

(1) shall remain in the owner of the property; and 

(2) shall not be transferred to the United 

States on account of such modifications or 

improvements. 

(b) ACQUISITION OF PROPERTY.— 

(1) IN GENERAL.—The Secretary is authorized to acquire through purchase from willing sellers any property, interests in property, or options to acquire real property 

needed to implement the Settlement authorized by this part. 

(2) APPLICABLE LAW.—The Secretary is authorized, but not required, to exercise all of 

the authorities provided in section 2 of the 

Act of August 26, 1937 (50 Stat. 844, chapter 

832), to carry out the measures authorized in 

this section and section 10004. 

(c) DISPOSAL OF PROPERTY.— 

(1) IN GENERAL.—Upon the Secretary’s determination that retention of title to property or interests in property acquired pursuant to this part is no longer needed to be 

held by the United States for the furtherance 

of the Settlement, the Secretary is authorized to dispose of such property or interest in 

property on such terms and conditions as the 

Secretary deems appropriate and in the best 

interest of the United States, including possible transfer of such property to the State 

of California. 

(2) RIGHT OF FIRST REFUSAL.—In the event 

the Secretary determines that property acquired pursuant to this part through the exercise of its eminent domain authority is no 

longer necessary for implementation of the 

Settlement, the Secretary shall provide a 

right of first refusal to the property owner 

from whom the property was initially acquired, or his or her successor in interest, on 

the same terms and conditions as the property is being offered to other parties. 

(3) DISPOSITION OF PROCEEDS.—Proceeds 

from the disposal by sale or transfer of any 

such property or interests in such property 

shall be deposited in the fund established by 

section 10009(c). 

(d) GROUNDWATER BANK.—Nothing in this 

part authorizes the Secretary to operate a 


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groundwater bank along or adjacent to the 

San Joaquin River upstream of the confluence with the Merced River, and any such 

groundwater bank shall be operated by a 

non-Federal entity. 

SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 

(a) APPLICABLE LAW.— 

(1) IN GENERAL.—In undertaking the measures authorized by this part, the Secretary 

and the Secretary of Commerce shall comply 

with all applicable Federal and State laws, 

rules, and regulations, including the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as necessary. 

(2) ENVIRONMENTAL REVIEWS.—The Secretary and the Secretary of Commerce are 

authorized and directed to initiate and expeditiously complete applicable environmental 

reviews and consultations as may be necessary to effectuate the purposes of the Settlement. 

(b) EFFECT ON STATE LAW.—Nothing in this 

part shall preempt State law or modify any 

existing obligation of the United States 

under Federal reclamation law to operate 

the Central Valley Project in conformity 

with State law. 

(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 

(1) DEFINITION OF ENVIRONMENTAL REVIEW.— 

For purposes of this subsection, the term 

‘‘environmental review’’ includes any consultation and planning necessary to comply 

with subsection (a). 

(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.—In undertaking the measures 

authorized by section 10004, and for which 

environmental review is required, the Secretary may provide funds made available 

under this part to affected Federal agencies, 

State agencies, local agencies, and Indian 

tribes if the Secretary determines that such 

funds are necessary to allow the Federal 

agencies, State agencies, local agencies, or 

Indian tribes to effectively participate in the 

environmental review process. 

(3) LIMITATION.—Funds may be provided 

under paragraph (2) only to support activities that directly contribute to the implementation of the terms and conditions of the 

Settlement. 

(d) NONREIMBURSABLE FUNDS.—The United 

States’ share of the costs of implementing 

this part shall be nonreimbursable under 

Federal reclamation law, provided that nothing in this subsection shall limit or be construed to limit the use of the funds assessed 

and collected pursuant to sections 3406(c)(1) 

and 3407(d)(2) of the Reclamation Projects 

Authorization and Adjustment Act of 1992 

(Public Law 102–575; 106 Stat. 4721, 4727), for 

implementation of the Settlement, nor shall 

it be construed to limit or modify existing or 

future Central Valley Project ratesetting 

policies. 

SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY 

PROJECT IMPROVEMENT ACT. 

Congress hereby finds and declares that 

the Settlement satisfies and discharges all of 

the obligations of the Secretary contained in 

section 3406(c)(1) of the Reclamation 

Projects Authorization and Adjustment Act 

of 1992 (Public Law 102–575; 106 Stat. 4721), 

provided, however, that— 

(1) the Secretary shall continue to assess 

and collect the charges provided in section 

3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), as provided in 

the Settlement; and 

(2) those assessments and collections shall 

continue to be counted toward the requirements of the Secretary contained in section 

3407(c)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4726). 

SEC. 10008. NO PRIVATE RIGHT OF ACTION. 

(a) IN GENERAL.—Nothing in this part confers upon any person or entity not a party to 

the Settlement a private right of action or 

claim for relief to interpret or enforce the 

provisions of this part or the Settlement. 

(b) APPLICABLE LAW.—This section shall 

not alter or curtail any right of action or 

claim for relief under any other applicable 

law. 

SEC. 10009. APPROPRIATIONS; SETTLEMENT 

FUND. 

(a) IMPLEMENTATION COSTS.— 

(1) IN GENERAL.—The costs of implementing the Settlement shall be covered by 

payments or in-kind contributions made by 

Friant Division contractors and other nonFederal parties, including the funds provided 

in subparagraphs (A) through (D) of subsection (c)(1), estimated to total $440,000,000, 

of which the non-Federal payments are estimated to total $200,000,000 (at October 2006 

price levels) and the amount from repaid 

Central Valley Project capital obligations is 

estimated to total $240,000,000, the additional 

Federal appropriation of $250,000,000 authorized pursuant to subsection (b)(1), and such 

additional funds authorized pursuant to subsection (b)(2); provided however, that the 

costs of implementing the provisions of section 10004(a)(1) shall be shared by the State 

of California pursuant to the terms of a 

memorandum of understanding executed by 

the State of California and the Parties to the 

Settlement on September 13, 2006, which includes at least $110,000,000 of State funds. 

(2) ADDITIONAL AGREEMENTS.— 

(A) IN GENERAL.—The Secretary shall enter 

into 1 or more agreements to fund or implement improvements on a project-by-project 

basis with the State of California. 

(B) REQUIREMENTS.—Any agreements entered into under subparagraph (A) shall provide for recognition of either monetary or inkind contributions toward the State of California’s share of the cost of implementing 

the provisions of section 10004(a)(1). 

(3) LIMITATION.—Except as provided in the 

Settlement, to the extent that costs incurred 

solely to implement this Settlement would 

not otherwise have been incurred by any entity or public or local agency or subdivision 

of the State of California, such costs shall 

not be borne by any such entity, agency, or 

subdivision of the State of California, unless 

such costs are incurred on a voluntary basis. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In addition to the funding 

provided in subsection (c), there are also authorized to be appropriated not to exceed 

$250,000,000 (at October 2006 price levels) to 

implement this part and the Settlement, to 

be available until expended; provided however, that the Secretary is authorized to 

spend such additional appropriations only in 

amounts equal to the amount of funds deposited in the San Joaquin River Restoration 

Fund (not including payments under subsection (c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount of in-kind contributions, and other non-Federal payments 

actually committed to the implementation 

of this part or the Settlement. 

(2) USE OF THE CENTRAL VALLEY PROJECT

RESTORATION FUND.—The Secretary is authorized to use monies from the Central Valley Project Restoration Fund created under 

section 3407 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes of 

this part in an amount not to exceed 

$2,000,000 (October 2006 price levels) in any 

fiscal year. 

(c) FUND.— 

(1) IN GENERAL.—There is hereby established within the Treasury of the United 

States a fund, to be known as the San Joaquin River Restoration Fund, into which the 

following funds shall be deposited and used 

solely for the purpose of implementing the 

Settlement except as otherwise provided in 

subsections (a) and (b) of section 10203: 

(A) All payments received pursuant to section 3406(c)(1) of the Reclamation Projects 

Authorization and Adjustment Act of 1992 

(Public Law 102–575; 106 Stat. 4721). 

(B) The construction cost component (not 

otherwise needed to cover operation and 

maintenance costs) of payments made by 

Friant Division, Hidden Unit, and Buchanan 

Unit long-term contractors pursuant to longterm water service contracts or pursuant to 

repayment contracts, including repayment 

contracts executed pursuant to section 10010. 

The construction cost repayment obligation 

assigned such contractors under such contracts shall be reduced by the amount paid 

pursuant to this paragraph and the appropriate share of the existing Federal investment in the Central Valley Project to be recovered by the Secretary pursuant to Public 

Law 99–546 (100 Stat. 3050) shall be reduced by 

an equivalent sum. 

(C) Proceeds from the sale of water pursuant to the Settlement, or from the sale of 

property or interests in property as provided 

in section 10005. 

(D) Any non-Federal funds, including State 

cost-sharing funds, contributed to the United 

States for implementation of the Settlement, which the Secretary may expend without further appropriation for the purposes 

for which contributed. 

(2) AVAILABILITY.—All funds deposited into 

the Fund pursuant to subparagraphs (A), (B), 

and (C) of paragraph (1) are authorized for 

appropriation to implement the Settlement 

and this part, in addition to the authorization provided in subsections (a) and (b) of 

section 10203, except that $88,000,000 of such 

funds are available for expenditure without 

further appropriation; provided that after 

October 1, 2019, all funds in the Fund shall be 

available for expenditure without further appropriation. 

(d) LIMITATION ON CONTRIBUTIONS.—Payments made by long-term contractors who 

receive water from the Friant Division and 

Hidden and Buchanan Units of the Central 

Valley Project pursuant to sections 3406(c)(1) 

and 3407(d)(2) of the Reclamation Projects 

Authorization and Adjustment Act of 1992 

(Public Law 102–575; 106 Stat. 4721, 4727) and 

payments made pursuant to paragraph 

16(b)(3) of the Settlement and subsection 

(c)(1)(B) shall be the limitation of such entities’ direct financial contribution to the Settlement, subject to the terms and conditions 

of paragraph 21 of the Settlement. 

(e) NO ADDITIONAL EXPENDITURES REQUIRED.—Nothing in this part shall be construed to require a Federal official to expend 

Federal funds not appropriated by Congress, 

or to seek the appropriation of additional 

funds by Congress, for the implementation of 

the Settlement. 

(f) REACH 4B.— 

(1) STUDY.— 

(A) IN GENERAL.—In accordance with the 

Settlement and the memorandum of understanding executed pursuant to paragraph 6 of 

the Settlement, the Secretary shall conduct 

a study that specifies— 

(i) the costs of undertaking any work required under paragraph 11(a)(3) of the Settlement to increase the capacity of reach 4B 

prior to reinitiation of Restoration Flows; 

(ii) the impacts associated with reinitiation of such flows; and 

(iii) measures that shall be implemented to 

mitigate impacts. 

(B) DEADLINE.—The study under subparagraph (A) shall be completed prior to restoration of any flows other than Interim 

Flows. 

(2) REPORT.— 


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S530 CONGRESSIONAL RECORD — SENATE January 15, 2009 

(A) IN GENERAL.—The Secretary shall file a 

report with Congress not later than 90 days 

after issuing a determination, as required by 

the Settlement, on whether to expand channel conveyance capacity to 4500 cubic feet 

per second in reach 4B of the San Joaquin 

River, or use an alternative route for pulse 

flows, that— 

(i) explains whether the Secretary has decided to expand Reach 4B capacity to 4500 

cubic feet per second; and 

(ii) addresses the following matters: 

(I) The basis for the Secretary’s determination, whether set out in environmental review documents or otherwise, as to whether 

the expansion of Reach 4B would be the preferable means to achieve the Restoration 

Goal as provided in the Settlement, including how different factors were assessed such 

as comparative biological and habitat benefits, comparative costs, relative availability 

of State cost-sharing funds, and the comparative benefits and impacts on water temperature, water supply, private property, and 

local and downstream flood control. 

(II) The Secretary’s final cost estimate for 

expanding Reach 4B capacity to 4500 cubic 

feet per second, or any alternative route selected, as well as the alternative cost estimates provided by the State, by the Restoration Administrator, and by the other parties 

to the Settlement. 

(III) The Secretary’s plan for funding the 

costs of expanding Reach 4B or any alternative route selected, whether by existing 

Federal funds provided under this subtitle, 

by non-Federal funds, by future Federal appropriations, or some combination of such 

sources. 

(B) DETERMINATION REQUIRED.—The Secretary shall, to the extent feasible, make the 

determination in subparagraph (A) prior to 

undertaking any substantial construction 

work to increase capacity in reach 4B. 

(3) COSTS.—If the Secretary’s estimated 

Federal cost for expanding reach 4B in paragraph (2), in light of the Secretary’s funding 

plan set out in that paragraph, would exceed 

the remaining Federal funding authorized by 

this part (including all funds reallocated, all 

funds dedicated, and all new funds authorized by this part and separate from all commitments of State and other non-Federal 

funds and in-kind commitments), then before 

the Secretary commences actual construction work in reach 4B (other than planning, 

design, feasibility, or other preliminary 

measures) to expand capacity to 4500 cubic 

feet per second to implement this Settlement, Congress must have increased the applicable authorization ceiling provided by 

this part in an amount at least sufficient to 

cover the higher estimated Federal costs. 

SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS. 

(a) CONVERSION OF CONTRACTS.— 

(1) The Secretary is authorized and directed to convert, prior to December 31, 2010, 

all existing long-term contracts with the following Friant Division, Hidden Unit, and Buchanan Unit contractors, entered under subsection (e) of section 9 of the Act of August 

4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 

1195), under mutually agreeable terms and 

conditions: Arvin-Edison Water Storage District; Delano-Earlimart Irrigation District; 

Exeter Irrigation District; Fresno Irrigation 

District; Ivanhoe Irrigation District; 

Lindmore Irrigation District; LindsayStrathmore Irrigation District; Lower Tule 

River Irrigation District; Orange Cove Irrigation District; Porterville Irrigation District; Saucelito Irrigation District; ShafterWasco Irrigation District; Southern San Joaquin Municipal Utility District; Stone Corral 

Irrigation District; Tea Pot Dome Water District; Terra Bella Irrigation District; Tulare 

Irrigation District; Madera Irrigation District; and Chowchilla Water District. Upon 

request of the contractor, the Secretary is 

authorized to convert, prior to December 31, 

2010, other existing long-term contracts with 

Friant Division contractors entered under 

subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under 

subsection (d) of section 9 of said Act (53 

Stat. 1195), under mutually agreeable terms 

and conditions. 

(2) Upon request of the contractor, the Secretary is further authorized to convert, prior 

to December 31, 2010, any existing Friant Division long-term contract entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a contract 

under subsection (c)(1) of section 9 of said 

Act, under mutually agreeable terms and 

conditions. 

(3) All such contracts entered into pursuant to paragraph (1) shall— 

(A) require the repayment, either in lump 

sum or by accelerated prepayment, of the remaining amount of construction costs identified in the Central Valley Project Schedule 

of Irrigation Capital Rates by Contractor 

2007 Irrigation Water Rates, dated January 

25, 2007, as adjusted to reflect payments not 

reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2011, or if 

made in approximately equal annual installments, no later than January 31, 2014; such 

amount to be discounted by 1⁄2 the Treasury 

Rate. An estimate of the remaining amount 

of construction costs as of January 31, 2011, 

as adjusted, shall be provided by the Secretary to each contractor no later than June 

30, 2010; 

(B) require that, notwithstanding subsection (c)(2), construction costs or other 

capitalized costs incurred after the effective 

date of the contract or not reflected in the 

schedule referenced in subparagraph (A), and 

properly assignable to such contractor, shall 

be repaid in not more than 5 years after notification of the allocation if such amount is a 

result of a collective annual allocation of 

capital costs to the contractors exercising 

contract conversions under this subsection 

of less than $5,000,000. If such amount is 

$5,000,000 or greater, such cost shall be repaid 

as provided by applicable Reclamation law, 

provided that the reference to the amount of 

$5,000,000 shall not be a precedent in any 

other context; 

(C) provide that power revenues will not be 

available to aid in repayment of construction costs allocated to irrigation under the 

contract; and 

(D) conform to the Settlement and this 

part and shall continue so long as the contractor pays applicable charges, consistent 

with subsection (c)(2) and applicable law. 

(4) All such contracts entered into pursuant to paragraph (2) shall— 

(A) require the repayment in lump sum of 

the remaining amount of construction costs 

identified in the most current version of the 

Central Valley Project Schedule of Municipal and Industrial Water Rates, as adjusted 

to reflect payments not reflected in such 

schedule, and properly assignable for ultimate return by the contractor, no later than 

January 31, 2014. An estimate of the remaining amount of construction costs as of January 31, 2014, as adjusted, shall be provided by 

the Secretary to each contractor no later 

than June 30, 2013; 

(B) require that, notwithstanding subsection (c)(2), construction costs or other 

capitalized costs incurred after the effective 

date of the contract or not reflected in the 

schedule referenced in subparagraph (A), and 

properly assignable to such contractor, shall 

be repaid in not more than 5 years after notification of the allocation if such amount is a 

result of a collective annual allocation of 

capital costs to the contractors exercising 

contract conversions under this subsection 

of less than $5,000,000. If such amount is 

$5,000,000 or greater, such cost shall be repaid 

as provided by applicable Reclamation law, 

provided that the reference to the amount of 

$5,000,000 shall not be a precedent in any 

other context; and 

(C) conform to the Settlement and this 

part and shall continue so long as the contractor pays applicable charges, consistent 

with subsection (c)(2) and applicable law. 

(b) FINAL ADJUSTMENT.—The amounts paid 

pursuant to subsection (a) shall be subject to 

adjustment following a final cost allocation 

by the Secretary upon completion of the construction of the Central Valley Project. In 

the event that the final cost allocation indicates that the costs properly assignable to 

the contractor are greater than what has 

been paid by the contractor, the contractor 

shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than 1 

year and no more than 10 years, however, 

mutually agreeable provisions regarding the 

rate of repayment of such amount may be 

developed by the parties. In the event that 

the final cost allocation indicates that the 

costs properly assignable to the contractor 

are less than what the contractor has paid, 

the Secretary is authorized and directed to 

credit such overpayment as an offset against 

any outstanding or future obligation of the 

contractor. 

(c) APPLICABILITY OF CERTAIN PROVISIONS.— 

(1) Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection 

(b), upon a contractor’s compliance with and 

discharge of the obligation of repayment of 

the construction costs as provided in subsection (a)(3)(A), the provisions of section 

213(a) and (b) of the Reclamation Reform Act 

of 1982 (96 Stat. 1269) shall apply to lands in 

such district. 

(2) Notwithstanding any repayment obligation under paragraph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the 

obligation of repayment of the construction 

costs as provided in paragraphs (3)(A) and 

(4)(A) of subsection (a), the Secretary shall 

waive the pricing provisions of section 

3405(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public 

Law 102–575) for such contractor, provided 

that such contractor shall continue to pay 

applicable operation and maintenance costs 

and other charges applicable to such repayment contracts pursuant to the then-current 

rate-setting policy and applicable law. 

(3) Provisions of the Settlement applying 

to Friant Division, Hidden Unit, and Buchanan Unit long-term water service contracts shall also apply to contracts executed 

pursuant to this section. 

(d) REDUCTION OF CHARGE FOR THOSE CONTRACTS CONVERTED PURSUANT TO SUBSECTION

(A)(1).— 

(1) At the time all payments by the contractor required by subsection (a)(3)(A) have 

been completed, the Secretary shall reduce 

the charge mandated in section 10007(1) of 

this part, from 2020 through 2039, to offset 

the financing costs as defined in section 

10010(d)(3). The reduction shall be calculated 

at the time all payments by the contractor 

required by subsection (a)(3)(A) have been 

completed. The calculation shall remain 

fixed from 2020 through 2039 and shall be 

based upon anticipated average annual water 

deliveries, as mutually agreed upon by the 

Secretary and the contractor, for the period 

from 2020 through 2039, and the amounts of 

such reductions shall be discounted using the 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S531 

Treasury Rate; provided, that such charge 

shall not be reduced to less than $4.00 per 

acre foot of project water delivered; provided 

further, that such reduction shall be implemented annually unless the Secretary determines, based on the availability of other 

monies, that the charges mandated in section 10007(1) are otherwise needed to cover 

ongoing federal costs of the Settlement, including any federal operation and maintenance costs of facilities that the Secretary 

determines are needed to implement the Settlement. If the Secretary determines that 

such charges are necessary to cover such ongoing federal costs, the Secretary shall, instead of making the reduction in such 

charges, reduce the contractor’s operation 

and maintenance obligation by an equivalent 

amount, and such amount shall not be recovered by the United States from any Central 

Valley Project contractor, provided nothing 

herein shall affect the obligation of the contractor to make payments pursuant to a 

transfer agreement with a non-federal operating entity. 

(2) If the calculated reduction in paragraph 

(1), taking into consideration the minimum 

amount required, does not result in the contractor offsetting its financing costs, the 

Secretary is authorized and directed to reduce, after October 1, 2019, any outstanding 

or future obligations of the contractor to the 

Bureau of Reclamation, other than the 

charge assessed and collected under section 

3407(d) of Public law 102–575, by the amount 

of such deficiency, with such amount indexed 

to 2020 using the Treasury Rate and such 

amount shall not be recovered by the United 

States from any Central Valley Project contractor, provided nothing herein shall affect 

the obligation of the contractor to make 

payments pursuant to a transfer agreement 

with a non-Federal operating entity. 

(3) Financing costs, for the purposes of this 

subsection, shall be computed as the difference of the net present value of the construction cost identified in subsection 

(a)(3)(A) using the full Treasury Rate as 

compared to using one half of the Treasury 

Rate and applying those rates against a calculated average annual capital repayment 

through 2030. 

(4) Effective in 2040, the charge shall revert 

to the amount called for in section 10007(1) of 

this part. 

(5) For purposes of this section, ‘‘Treasury 

Rate’’ shall be defined as the 20 year Constant Maturity Treasury (CMT) rate published by the United States Department of 

the Treasury as of October 1, 2010. 

(e) SATISFACTION OF CERTAIN PROVISIONS.— 

(1) IN GENERAL.—Upon the first release of 

Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement, 

any short- or long-term agreement, to which 

1 or more long-term Friant Division, Hidden 

Unit, or Buchanan Unit contractor that converts its contract pursuant to subsection (a) 

is a party, providing for the transfer or exchange of water not released as Interim 

Flows or Restoration Flows shall be deemed 

to satisfy the provisions of subsection 

3405(a)(1)(A) and (I) of the Reclamation 

Projects Authorization and Adjustment Act 

of 1992 (Public Law 102–575) without the further concurrence of the Secretary as to compliance with said subsections if the contractor provides, not later than 90 days before commencement of any such transfer or 

exchange for a period in excess of 1 year, and 

not later than 30 days before commencement 

of any proposed transfer or exchange with 

duration of less than 1 year, written notice 

to the Secretary stating how the proposed 

transfer or exchange is intended to reduce, 

avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or is intended to otherwise 

facilitate the Water Management Goal, as 

described in the Settlement. The Secretary 

shall promptly make such notice publicly 

available. 

(2) DETERMINATION OF REDUCTIONS TO

WATER DELIVERIES.—Water transferred or exchanged under an agreement that meets the 

terms of this subsection shall not be counted 

as a replacement or an offset for purposes of 

determining reductions to water deliveries 

to any Friant Division long-term contractor 

except as provided in paragraph 16(b) of the 

Settlement. The Secretary shall, at least annually, make publicly available a compilation of the number of transfer or exchange 

agreements exercising the provisions of this 

subsection to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or to facilitate the Water Management Goal, as well 

as the volume of water transferred or exchanged under such agreements. 

(3) STATE LAW.—Nothing in this subsection 

alters State law or permit conditions, including any applicable geographical restrictions on the place of use of water transferred 

or exchanged pursuant to this subsection. 

(f) CERTAIN REPAYMENT OBLIGATIONS NOT

ALTERED.—Implementation of the provisions 

of this section shall not alter the repayment 

obligation of any other long-term water 

service or repayment contractor receiving 

water from the Central Valley Project, or 

shift any costs that would otherwise have 

been properly assignable to the Friant contractors absent this section, including operations and maintenance costs, construction 

costs, or other capitalized costs incurred 

after the date of enactment of this Act, to 

other such contractors. 

(g) STATUTORY INTERPRETATION.—Nothing 

in this part shall be construed to affect the 

right of any Friant Division, Hidden Unit, or 

Buchanan Unit long-term contractor to use a 

particular type of financing to make the 

payments required in paragraph (3)(A) or 

(4)(A) of subsection (a). 

SEC. 10011. CALIFORNIA CENTRAL VALLEY 

SPRING RUN CHINOOK SALMON. 

(a) FINDING.—Congress finds that the implementation of the Settlement to resolve 18 

years of contentious litigation regarding restoration of the San Joaquin River and the 

reintroduction of the California Central Valley Spring Run Chinook salmon is a unique 

and unprecedented circumstance that requires clear expressions of Congressional intent regarding how the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.) are utilized to achieve the goals of restoration of the San Joaquin River and the 

successful reintroduction of California Central Valley Spring Run Chinook salmon. 

(b) REINTRODUCTION IN THE SAN JOAQUIN

RIVER.—California Central Valley Spring 

Run Chinook salmon shall be reintroduced in 

the San Joaquin River below Friant Dam 

pursuant to section 10(j) of the Endangered 

Species Act of 1973 (16 U.S.C. 1539(j)) and the 

Settlement, provided that the Secretary of 

Commerce finds that a permit for the reintroduction of California Central Valley 

Spring Run Chinook salmon may be issued 

pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 

1539(a)(1)(A)). 

(c) FINAL RULE.— 

(1) DEFINITION OF THIRD PARTY.—For the 

purpose of this subsection, the term ‘‘third 

party’’ means persons or entities diverting 

or receiving water pursuant to applicable 

State and Federal laws and shall include 

Central Valley Project contractors outside of 

the Friant Division of the Central Valley 

Project and the State Water Project. 

(2) ISSUANCE.—The Secretary of Commerce 

shall issue a final rule pursuant to section 

4(d) of the Endangered Species Act of 1973 (16 

U.S.C. 1533(d)) governing the incidental take 

of reintroduced California Central Valley 

Spring Run Chinook salmon prior to the reintroduction. 

(3) REQUIRED COMPONENTS.—The rule issued 

under paragraph (2) shall provide that the reintroduction will not impose more than de 

minimus: water supply reductions, additional storage releases, or bypass flows on 

unwilling third parties due to such reintroduction. 

(4) APPLICABLE LAW.—Nothing in this section— 

(A) diminishes the statutory or regulatory 

protections provided in the Endangered Species Act of 1973 for any species listed pursuant to section 4 of the Endangered Species 

Act of 1973 (16 U.S.C. 1533) other than the reintroduced population of California Central 

Valley Spring Run Chinook salmon, including protections pursuant to existing biological opinions or new biological opinions 

issued by the Secretary or Secretary of Commerce; or 

(B) precludes the Secretary or Secretary of 

Commerce from imposing protections under 

the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) for other species listed pursuant 

to section 4 of that Act (16 U.S.C. 1533) because those protections provide incidental 

benefits to such reintroduced California Central Valley Spring Run Chinook salmon. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than December 

31, 2024, the Secretary of Commerce shall report to Congress on the progress made on the 

reintroduction set forth in this section and 

the Secretary’s plans for future implementation of this section. 

(2) INCLUSIONS.—The report under paragraph (1) shall include— 

(A) an assessment of the major challenges, 

if any, to successful reintroduction; 

(B) an evaluation of the effect, if any, of 

the reintroduction on the existing population of California Central Valley Spring 

Run Chinook salmon existing on the Sacramento River or its tributaries; and 

(C) an assessment regarding the future of 

the reintroduction. 

(e) FERC PROJECTS.— 

(1) IN GENERAL.—With regard to California 

Central Valley Spring Run Chinook salmon 

reintroduced pursuant to the Settlement, 

the Secretary of Commerce shall exercise its 

authority under section 18 of the Federal 

Power Act (16 U.S.C. 811) by reserving its 

right to file prescriptions in proceedings for 

projects licensed by the Federal Energy Regulatory Commission on the Calaveras, 

Stanislaus, Tuolumne, Merced, and San Joaquin rivers and otherwise consistent with 

subsection (c) until after the expiration of 

the term of the Settlement, December 31, 

2025, or the expiration of the designation 

made pursuant to subsection (b), whichever 

ends first. 

(2) EFFECT OF SUBSECTION.—Nothing in this 

subsection shall preclude the Secretary of 

Commerce from imposing prescriptions pursuant to section 18 of the Federal Power Act 

(16 U.S.C. 811) solely for other anadromous 

fish species because those prescriptions provide incidental benefits to such reintroduced 

California Central Valley Spring Run Chinook salmon. 

(f) EFFECT OF SECTION.—Nothing in this 

section is intended or shall be construed— 

(1) to modify the Endangered Species Act 

of 1973 (16 U.S.C. 1531 et seq.) or the Federal 

Power Act (16 U.S.C. 791a et seq.); or 

(2) to establish a precedent with respect to 

any other application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the 

Federal Power Act (16 U.S.C. 791a et seq.). 


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PART II—STUDY TO DEVELOP WATER 

PLAN; REPORT 

SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT. 

(a) PLAN.— 

(1) GRANT.—To the extent that funds are 

made available in advance for this purpose, 

the Secretary of the Interior, acting through 

the Bureau of Reclamation, shall provide direct financial assistance to the California 

Water Institute, located at California State 

University, Fresno, California, to conduct a 

study regarding the coordination and integration of sub-regional integrated regional 

water management plans into a unified Integrated Regional Water Management Plan for 

the subject counties in the hydrologic basins 

that would address issues related to— 

(A) water quality; 

(B) water supply (both surface, ground 

water banking, and brackish water desalination); 

(C) water conveyance; 

(D) water reliability; 

(E) water conservation and efficient use 

(by distribution systems and by end users); 

(F) flood control; 

(G) water resource-related environmental 

enhancement; and 

(H) population growth. 

(2) STUDY AREA.—The study area referred 

to in paragraph (1) is the proposed study area 

of the San Joaquin River Hydrologic Region 

and Tulare Lake Hydrologic Region, as defined by California Department of Water Resources Bulletin 160–05, volume 3, chapters 7 

and 8, including Kern, Tulare, Kings, Fresno, 

Madera, Merced, Stanislaus, and San Joaquin counties in California. 

(b) USE OF PLAN.—The Integrated Regional 

Water Management Plan developed for the 2 

hydrologic basins under subsection (a) shall 

serve as a guide for the counties in the study 

area described in subsection (a)(2) to use as a 

mechanism to address and solve long-term 

water needs in a sustainable and equitable 

manner. 

(c) REPORT.—The Secretary shall ensure 

that a report containing the results of the 

Integrated Regional Water Management 

Plan for the hydrologic regions is submitted 

to the Committee on Energy and Natural Resources of the Senate and the Committee on 

Natural Resources of the House of Representatives not later than 24 months after 

financial assistance is made available to the 

California Water Institute under subsection 

(a)(1). 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section $1,000,000 to remain 

available until expended. 

PART III—FRIANT DIVISION 

IMPROVEMENTS 

SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. 

(a) The Secretary of the Interior (hereafter 

referred to as the ‘‘Secretary’’) is authorized 

and directed to conduct feasibility studies in 

coordination with appropriate Federal, 

State, regional, and local authorities on the 

following improvements and facilities in the 

Friant Division, Central Valley Project, 

California: 

(1) Restoration of the capacity of the 

Friant-Kern Canal and Madera Canal to such 

capacity as previously designed and constructed by the Bureau of Reclamation. 

(2) Reverse flow pump-back facilities on 

the Friant-Kern Canal, with reverse-flow capacity of approximately 500 cubic feet per 

second at the Poso and Shafter Check Structures and approximately 300 cubic feet per 

second at the Woollomes Check Structure. 

(b) Upon completion of and consistent with 

the applicable feasibility studies, the Secretary is authorized to construct the improvements and facilities identified in subsection (a) in accordance with all applicable 

Federal and State laws. 

(c) The costs of implementing this section 

shall be in accordance with section 10203, and 

shall be a nonreimbursable Federal expenditure. 

SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL 

PROJECTS. 

(a) AUTHORIZATION.—The Secretary is authorized to provide financial assistance to 

local agencies within the Central Valley 

Project, California, for the planning, design, 

environmental compliance, and construction 

of local facilities to bank water underground 

or to recharge groundwater, and that recover 

such water, provided that the project meets 

the criteria in subsection (b). The Secretary 

is further authorized to require that any 

such local agency receiving financial assistance under the terms of this section submit 

progress reports and accountings to the Secretary, as the Secretary deems appropriate, 

which such reports shall be publicly available. 

(b) CRITERIA.— 

(1) A project shall be eligible for Federal financial assistance under subsection (a) only 

if all or a portion of the project is designed 

to reduce, avoid, or offset the quantity of the 

expected water supply impacts to Friant Division long-term contractors caused by the 

Interim or Restoration Flows authorized in 

part I of this subtitle, and such quantities 

have not already been reduced, avoided, or 

offset by other programs or projects. 

(2) Federal financial assistance shall only 

apply to the portion of a project that the 

local agency designates as reducing, avoiding, or offsetting the expected water supply 

impacts caused by the Interim or Restoration Flows authorized in part I of this subtitle, consistent with the methodology developed pursuant to paragraph (3)(C). 

(3) No Federal financial assistance shall be 

provided by the Secretary under this part for 

construction of a project under subsection 

(a) unless the Secretary— 

(A) determines that appropriate planning, 

design, and environmental compliance activities associated with such a project have 

been completed, and that the Secretary has 

been offered the opportunity to participate 

in the project at a price that is no higher 

than the local agency’s own costs, in order 

to secure necessary storage, extraction, and 

conveyance rights for water that may be 

needed to meet the Restoration Goal as described in part I of this subtitle, where such 

project has capacity beyond that designated 

for the purposes in paragraph (2) or where it 

is feasible to expand such project to allow 

participation by the Secretary; 

(B) determines, based on information 

available at the time, that the local agency 

has the financial capability and willingness 

to fund its share of the project’s construction and all operation and maintenance costs 

on an annual basis; 

(C) determines that a method acceptable to 

the Secretary has been developed for quantifying the benefit, in terms of reduction, 

avoidance, or offset of the water supply impacts expected to be caused by the Interim 

or Restoration Flows authorized in part I of 

this subtitle, that will result from the 

project, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10004(a)(5); and 

(D) has entered into a cost-sharing agreement with the local agency which commits 

the local agency to funding its share of the 

project’s construction costs on an annual 

basis. 

(c) GUIDELINES.—Within 1 year from the 

date of enactment of this part, the Secretary 

shall develop, in consultation with the 

Friant Division long-term contractors, proposed guidelines for the application of the 

criteria defined in subsection (b), and will 

make the proposed guidelines available for 

public comment. Such guidelines may consider prioritizing the distribution of available funds to projects that provide the broadest benefit within the affected area and the 

equitable allocation of funds. Upon adoption 

of such guidelines, the Secretary shall implement such assistance program, subject to the 

availability of funds appropriated for such 

purpose. 

(d) COST SHARING.—The Federal financial 

assistance provided to local agencies under 

subsection (a) shall not exceed— 

(1) 50 percent of the costs associated with 

planning, design, and environmental compliance activities associated with such a 

project; and 

(2) 50 percent of the costs associated with 

construction of any such project. 

(e) PROJECT OWNERSHIP.— 

(1) Title to, control over, and operation of, 

projects funded under subsection (a) shall remain in one or more non-Federal local agencies. Nothing in this part authorizes the Secretary to operate a groundwater bank along 

or adjacent to the San Joaquin River upstream of the confluence with the Merced 

River, and any such groundwater bank shall 

be operated by a non-Federal entity. All 

projects funded pursuant to this subsection 

shall comply with all applicable Federal and 

State laws, including provisions of California 

water law. 

(2) All operation, maintenance, and replacement and rehabilitation costs of such 

projects shall be the responsibility of the 

local agency. The Secretary shall not provide funding for any operation, maintenance, 

or replacement and rehabilitation costs of 

projects funded under subsection (a). 

SEC. 10203. AUTHORIZATION OF APPROPRIATIONS. 

(a) The Secretary is authorized and directed to use monies from the fund established under section 10009 to carry out the 

provisions of section 10201(a)(1), in an 

amount not to exceed $35,000,000. 

(b) In addition to the funds made available 

pursuant to subsection (a), the Secretary is 

also authorized to expend such additional 

funds from the fund established under section 10009 to carry out the purposes of section 10201(a)(2), if such facilities have not already been authorized and funded under the 

plan provided for pursuant to section 

10004(a)(4), in an amount not to exceed 

$17,000,000, provided that the Secretary first 

determines that such expenditure will not 

conflict with or delay his implementation of 

actions required by part I of this subtitle. 

Notice of the Secretary’s determination 

shall be published not later than his submission of the report to Congress required by 

section 10009(f)(2). 

(c) In addition to funds made available in 

subsections (a) and (b), there are authorized 

to be appropriated $50,000,000 (October 2008 

price levels) to carry out the purposes of this 

part which shall be non-reimbursable. 

Subtitle B—Northwestern New Mexico Rural 

Water Projects 

SEC. 10301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Northwestern New Mexico Rural Water Projects 

Act’’. 

SEC. 10302. DEFINITIONS. 

In this subtitle: 

(1) AAMODT ADJUDICATION.—The term 

‘‘Aamodt adjudication’’ means the general 

stream adjudication that is the subject of 

the civil action entitled ‘‘State of New Mexico, ex rel. State Engineer and United States 

of America, Pueblo de Nambe, Pueblo de 

Pojoaque, Pueblo de San Ildefonso, and 

Pueblo de Tesuque v. R. Lee Aamodt, et al.’’, 

No. 66 CV 6639 MV/LCS (D.N.M.). 


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(2) ABEYTA ADJUDICATION.—The term 

‘‘Abeyta adjudication’’ means the general 

stream adjudication that is the subject of 

the civil actions entitled ‘‘State of New Mexico v. Abeyta and State of New Mexico v. 

Arrellano’’, Civil Nos. 7896–BB (D.N.M) and 

7939–BB (D.N.M.) (consolidated). 

(3) ACRE-FEET.—The term ‘‘acre-feet’’ 

means acre-feet per year. 

(4) AGREEMENT.—The term ‘‘Agreement’’ 

means the agreement among the State of 

New Mexico, the Nation, and the United 

States setting forth a stipulated and binding 

agreement signed by the State of New Mexico and the Nation on April 19, 2005. 

(5) ALLOTTEE.—The term ‘‘allottee’’ means 

a person that holds a beneficial real property 

interest in a Navajo allotment that— 

(A) is located within the Navajo Reservation or the State of New Mexico; 

(B) is held in trust by the United States; 

and 

(C) was originally granted to an individual 

member of the Nation by public land order or 

otherwise. 

(6) ANIMAS-LA PLATA PROJECT.—The term 

‘‘Animas-La Plata Project’’ has the meaning 

given the term in section 3 of Public Law 

100–585 (102 Stat. 2973), including Ridges 

Basin Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline, and any other features or modifications made pursuant to the 

Colorado Ute Settlement Act Amendments 

of 2000 (Public Law 106–554; 114 Stat. 2763A– 

258). 

(7) CITY.—The term ‘‘City’’ means the city 

of Gallup, New Mexico, or a designee of the 

City, with authority to provide water to the 

Gallup, New Mexico service area. 

(8) COLORADO RIVER COMPACT.—The term 

‘‘Colorado River Compact’’ means the Colorado River Compact of 1922 as approved by 

Congress in the Act of December 21, 1928 (45 

Stat. 1057) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000). 

(9) COLORADO RIVER SYSTEM.—The term 

‘‘Colorado River System’’ has the same 

meaning given the term in Article II(a) of 

the Colorado River Compact. 

(10) COMPACT.—The term ‘‘Compact’’ 

means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 

1949 (63 Stat. 31, chapter 48). 

(11) CONTRACT.—The term ‘‘Contract’’ 

means the contract between the United 

States and the Nation setting forth certain 

commitments, rights, and obligations of the 

United States and the Nation, as described in 

paragraph 6.0 of the Agreement. 

(12) DEPLETION.—The term ‘‘depletion’’ 

means the depletion of the flow of the San 

Juan River stream system in the State of 

New Mexico by a particular use of water (including any depletion incident to the use) 

and represents the diversion from the stream 

system by the use, less return flows to the 

stream system from the use. 

(13) DRAFT IMPACT STATEMENT.—The term 

‘‘Draft Impact Statement’’ means the draft 

environmental impact statement prepared 

by the Bureau of Reclamation for the 

Project dated March 2007. 

(14) FUND.—The term ‘‘Fund’’ means the 

Reclamation Waters Settlements Fund established by section 10501(a). 

(15) HYDROLOGIC DETERMINATION.—The term 

‘‘hydrologic determination’’ means the hydrologic determination entitled ‘‘Water 

Availability from Navajo Reservoir and the 

Upper Colorado River Basin for Use in New 

Mexico,’’ prepared by the Bureau of Reclamation pursuant to section 11 of the Act of 

June 13, 1962 (Public Law 87–483; 76 Stat. 99), 

and dated May 23, 2007. 

(16) LOWER BASIN.—The term ‘‘Lower 

Basin’’ has the same meaning given the term 

in Article II(g) of the Colorado River Compact. 

(17) NATION.—The term ‘‘Nation’’ means 

the Navajo Nation, a body politic and federally-recognized Indian nation as provided for 

in section 101(2) of the Federally Recognized 

Indian Tribe List of 1994 (25 U.S.C. 497a(2)), 

also known variously as the ‘‘Navajo Tribe,’’ 

the ‘‘Navajo Tribe of Arizona, New Mexico & 

Utah,’’ and the ‘‘Navajo Tribe of Indians’’ 

and other similar names, and includes all 

bands of Navajo Indians and chapters of the 

Navajo Nation. 

(18) NAVAJO-GALLUP WATER SUPPLY

PROJECT; PROJECT.—The term ‘‘Navajo-Gallup Water Supply Project’’ or ‘‘Project’’ 

means the Navajo-Gallup Water Supply 

Project authorized under section 10602(a), as 

described as the preferred alternative in the 

Draft Impact Statement. 

(19) NAVAJO INDIAN IRRIGATION PROJECT.— 

The term ‘‘Navajo Indian Irrigation Project’’ 

means the Navajo Indian irrigation project 

authorized by section 2 of Public Law 87–483 

(76 Stat. 96). 

(20) NAVAJO RESERVOIR.—The term ‘‘Navajo 

Reservoir’’ means the reservoir created by 

the impoundment of the San Juan River at 

Navajo Dam, as authorized by the Act of 

April 11, 1956 (commonly known as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 

620 et seq.). 

(21) NAVAJO NATION MUNICIPAL PIPELINE; 

PIPELINE.—The term ‘‘Navajo Nation Municipal Pipeline’’ or ‘‘Pipeline’’ means the pipeline used to convey the water of the AnimasLa Plata Project of the Navajo Nation from 

the City of Farmington, New Mexico, to 

communities of the Navajo Nation located in 

close proximity to the San Juan River Valley in the State of New Mexico (including 

the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water 

Rights Settlement Act of 1988 (Public Law 

100–585; 102 Stat. 2973; 114 Stat. 2763A–263). 

(22) NON-NAVAJO IRRIGATION DISTRICTS.— 

The term ‘‘Non-Navajo Irrigation Districts’’ 

means— 

(A) the Hammond Conservancy District; 

(B) the Bloomfield Irrigation District; and 

(C) any other community ditch organization in the San Juan River basin in the State 

of New Mexico. 

(23) PARTIAL FINAL DECREE.—The term 

‘‘Partial Final Decree’’ means a final and 

binding judgment and decree entered by a 

court in the stream adjudication, setting 

forth the rights of the Nation to use and administer waters of the San Juan River Basin 

in New Mexico, as set forth in Appendix 1 of 

the Agreement. 

(24) PROJECT PARTICIPANTS.—The term 

‘‘Project Participants’’ means the City, the 

Nation, and the Jicarilla Apache Nation. 

(25) SAN JUAN RIVER BASIN RECOVERY IMPLEMENTATION PROGRAM.—The term ‘‘San Juan 

River Basin Recovery Implementation Program’’ means the intergovernmental program established pursuant to the cooperative agreement dated October 21, 1992 (including any amendments to the program). 

(26) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior, acting 

through the Commissioner of Reclamation or 

any other designee. 

(27) STREAM ADJUDICATION.—The term 

‘‘stream adjudication’’ means the general 

stream adjudication that is the subject of 

New Mexico v. United States, et al., No. 75– 

185 (11th Jud. Dist., San Juan County, New 

Mexico) (involving claims to waters of the 

San Juan River and the tributaries of that 

river). 

(28) SUPPLEMENTAL PARTIAL FINAL DECREE.—The term ‘‘Supplemental Partial 

Final Decree’’ means a final and binding 

judgment and decree entered by a court in 

the stream adjudication, setting forth certain water rights of the Nation, as set forth 

in Appendix 2 of the Agreement. 

(29) TRUST FUND.—The term ‘‘Trust Fund’’ 

means the Navajo Nation Water Resources 

Development Trust Fund established by section 10702(a). 

(30) UPPER BASIN.—The term ‘‘Upper 

Basin’’ has the same meaning given the term 

in Article II(f) of the Colorado River Compact. 

SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL 

LAWS. 

(a) EFFECT OF EXECUTION OF AGREEMENT.— 

The execution of the Agreement under section 10701(a)(2) shall not constitute a major 

Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.). 

(b) COMPLIANCE WITH ENVIRONMENTAL

LAWS.—In carrying out this subtitle, the 

Secretary shall comply with each law of the 

Federal Government relating to the protection of the environment, including— 

(1) the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.); and 

(2) the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

SEC. 10304. NO REALLOCATION OF COSTS. 

(a) EFFECT OF ACT.—Notwithstanding any 

other provision of law, the Secretary shall 

not reallocate or reassign any costs of 

projects that have been authorized under the 

Act of April 11, 1956 (commonly known as the 

‘‘Colorado River Storage Project Act’’) (43 

U.S.C. 620 et seq.), as of the date of enactment of this Act because of— 

(1) the authorization of the Navajo-Gallup 

Water Supply Project under this subtitle; or 

(2) the changes in the uses of the water diverted by the Navajo Indian Irrigation 

Project or the waters stored in the Navajo 

Reservoir authorized under this subtitle. 

(b) USE OF POWER REVENUES.—Notwithstanding any other provision of law, no 

power revenues under the Act of April 11, 

1956 (commonly known as the ‘‘Colorado 

River Storage Project Act’’) (43 U.S.C. 620 et 

seq.), shall be used to pay or reimburse any 

costs of the Navajo Indian Irrigation Project 

or Navajo-Gallup Water Supply Project. 

SEC. 10305. INTEREST RATE. 

Notwithstanding any other provision of 

law, the interest rate applicable to any repayment contract entered into under section 

10604 shall be equal to the discount rate for 

Federal water resources planning, as determined by the Secretary. 

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. 

(a) PARTICIPATING PROJECTS.—Paragraph 

(2) of the first section of the Act of April 11, 

1956 (commonly known as the ‘‘Colorado 

River Storage Project Act’’) (43 U.S.C. 620(2)) 

is amended by inserting ‘‘the Navajo-Gallup 

Water Supply Project,’’ after ‘‘Fruitland 

Mesa,’’. 

(b) NAVAJO RESERVOIR WATER BANK.—The 

Act of April 11, 1956 (commonly known as the 

‘‘Colorado River Storage Project Act’’) is 

amended— 

(1) by redesignating section 16 (43 U.S.C. 

620o) as section 17; and 

(2) by inserting after section 15 (43 U.S.C. 

620n) the following: 

‘‘SEC. 16. (a) The Secretary of the Interior 

may create and operate within the available 

capacity of Navajo Reservoir a top water 

bank. 

‘‘(b) Water made available for the top 

water bank in accordance with subsections 

(c) and (d) shall not be subject to section 11 

of Public Law 87–483 (76 Stat. 99). 

‘‘(c) The top water bank authorized under 

subsection (a) shall be operated in a manner 

that— 


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‘‘(1) is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the 

top water bank established under this section; and 

‘‘(2) does not impair the ability of the Secretary of the Interior to deliver water under 

contracts entered into under— 

‘‘(A) Public Law 87–483 (76 Stat. 96); and 

‘‘(B) New Mexico State Engineer File Nos. 

2847, 2848, 2849, and 2917. 

‘‘(d)(1) The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are 

necessary to comply with subsection (c). 

‘‘(2) The terms and procedures developed 

under paragraph (1) shall include provisions 

requiring that— 

‘‘(A) the storage of banked water shall be 

subject to approval under State law by the 

New Mexico State Engineer to ensure that 

impairment of any existing water right does 

not occur, including storage of water under 

New Mexico State Engineer File No. 2849; 

‘‘(B) water in the top water bank be subject to evaporation and other losses during 

storage; 

‘‘(C) water in the top water bank be released for delivery to the owner or assigns of 

the banked water on request of the owner, 

subject to reasonable scheduling requirements for making the release; 

‘‘(D) water in the top water bank be the 

first water spilled or released for flood control purposes in anticipation of a spill, on 

the condition that top water bank water 

shall not be released or included for purposes 

of calculating whether a release should occur 

for purposes of satisfying the flow recommendations of the San Juan River Basin 

Recovery Implementation Program; and 

‘‘(E) water eligible for banking in the top 

water bank shall be water that otherwise 

would have been diverted and beneficially 

used in New Mexico that year. 

‘‘(e) The Secretary of the Interior may 

charge fees to water users that use the top 

water bank in amounts sufficient to cover 

the costs incurred by the United States in 

administering the water bank.’’. 

SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. 

(a) NAVAJO INDIAN IRRIGATION PROJECT.— 

Public Law 87–483 (76 Stat. 96) is amended by 

striking section 2 and inserting the following: 

‘‘SEC. 2. (a) In accordance with the Act of 

April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 

620 et seq.), the Secretary of the Interior is 

authorized to construct, operate, and maintain the Navajo Indian Irrigation Project to 

provide irrigation water to a service area of 

not more than 110,630 acres of land. 

‘‘(b)(1) Subject to paragraph (2), the average annual diversion by the Navajo Indian 

Irrigation Project from the Navajo Reservoir 

over any consecutive 10-year period shall be 

the lesser of— 

‘‘(A) 508,000 acre-feet per year; or 

‘‘(B) the quantity of water necessary to 

supply an average depletion of 270,000 acrefeet per year. 

‘‘(2) The quantity of water diverted for any 

1 year shall not exceed the average annual 

diversion determined under paragraph (1) by 

more than 15 percent. 

‘‘(c) In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection (b) 

may be used within the area served by Navajo Indian Irrigation Project facilities for 

the following purposes: 

‘‘(1) Aquaculture purposes, including the 

rearing of fish in support of the San Juan 

River Basin Recovery Implementation Program authorized by Public Law 106–392 (114 

Stat. 1602). 

‘‘(2) Domestic, industrial, or commercial 

purposes relating to agricultural production 

and processing. 

‘‘(3)(A) The generation of hydroelectric 

power as an incident to the diversion of 

water by the Navajo Indian Irrigation 

Project for authorized purposes. 

‘‘(B) Notwithstanding any other provision 

of law— 

‘‘(i) any hydroelectric power generated 

under this paragraph shall be used or marketed by the Navajo Nation; 

‘‘(ii) the Navajo Nation shall retain any 

revenues from the sale of the hydroelectric 

power; and 

‘‘(iii) the United States shall have no trust 

obligation to monitor, administer, or account for the revenues received by the Navajo Nation, or the expenditure of the revenues. 

‘‘(4) The implementation of the alternate 

water source provisions described in subparagraph 9.2 of the agreement executed under 

section 10701(a)(2) of the Northwestern New 

Mexico Rural Water Projects Act. 

‘‘(d) The Navajo Indian Irrigation Project 

water diverted under subsection (b) may be 

transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside 

the boundaries of the Navajo Nation, for any 

beneficial use in accordance with— 

‘‘(1) the agreement executed under section 

10701(a)(2) of the Northwestern New Mexico 

Rural Water Projects Act; 

‘‘(2) the contract executed under section 

10604(a)(2)(B) of that Act; and 

‘‘(3) any other applicable law. 

‘‘(e) The Secretary may use the capacity of 

the Navajo Indian Irrigation Project works 

to convey water supplies for— 

‘‘(1) the Navajo-Gallup Water Supply 

Project under section 10602 of the Northwestern New Mexico Rural Water Projects 

Act; or 

‘‘(2) other nonirrigation purposes authorized under subsection (c) or (d). 

‘‘(f)(1) Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the 

Act of April 11, 1956 (commonly known as the 

‘Colorado River Storage Project Act’) (43 

U.S.C. 620 et seq.), including section 4(d) of 

that Act. 

‘‘(2) The Secretary shall not reallocate, or 

require repayment of, construction costs of 

the Navajo Indian Irrigation Project because 

of the conveyance of water supplies for nonirrigation purposes under subsection (e).’’. 

(b) RUNOFF ABOVE NAVAJO DAM.—Section 

11 of Public Law 87–483 (76 Stat. 100) is 

amended by adding at the end the following: 

‘‘(d)(1) For purposes of implementing in a 

year of prospective shortage the water allocation procedures established by subsection 

(a), the Secretary of the Interior shall determine the quantity of any shortages and the 

appropriate apportionment of water using 

the normal diversion requirements on the 

flow of the San Juan River originating above 

Navajo Dam based on the following criteria: 

‘‘(A) The quantity of diversion or water delivery for the current year anticipated to be 

necessary to irrigate land in accordance with 

cropping plans prepared by contractors. 

‘‘(B) The annual diversion or water delivery demands for the current year anticipated 

for non-irrigation uses under water delivery 

contracts, including contracts authorized by 

the Northwestern New Mexico Rural Water 

Projects Act, but excluding any current demand for surface water for placement into 

aquifer storage for future recovery and use. 

‘‘(C) An annual normal diversion demand 

of 135,000 acre-feet for the initial stage of the 

San Juan-Chama Project authorized by section 8, which shall be the amount to which 

any shortage is applied. 

‘‘(2) The Secretary shall not include in the 

normal diversion requirements— 

‘‘(A) the quantity of water that reliably 

can be anticipated to be diverted or delivered 

under a contract from inflows to the San 

Juan River arising below Navajo Dam under 

New Mexico State Engineer File No. 3215; or 

‘‘(B) the quantity of water anticipated to 

be supplied through reuse. 

‘‘(e)(1) If the Secretary determines that 

there is a shortage of water under subsection 

(a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by 

curtailing releases and deliveries in the following order: 

‘‘(A) The demand for delivery for uses in 

the State of Arizona under the Navajo-Gallup Water Supply Project authorized by section 10603 of the Northwestern New Mexico 

Rural Water Projects Act, excluding the 

quantity of water anticipated to be diverted 

for the uses from inflows to the San Juan 

River that arise below Navajo Dam in accordance with New Mexico State Engineer 

File No. 3215. 

‘‘(B) The demand for delivery for uses allocated under paragraph 8.2 of the agreement 

executed under section 10701(a)(2) of the 

Northwestern New Mexico Rural Water 

Projects Act, excluding the quantity of 

water anticipated to be diverted for such 

uses under State Engineer File No. 3215. 

‘‘(C) The uses in the State of New Mexico 

that are determined under subsection (d), in 

accordance with the procedure for apportioning the water supply under subsection 

(a). 

‘‘(2) For any year for which the Secretary 

determines and responds to a shortage in the 

Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of 

the water supply shall not divert, any of the 

water supply for placement into aquifer storage for future recovery and use. 

‘‘(3) To determine the occurrence and 

amount of any shortage to contracts entered 

into under this section, the Secretary shall 

not include as available storage any water 

stored in a top water bank in Navajo Reservoir established under section 16(a) of the 

Act of April 11, 1956 (commonly known as the 

‘Colorado River Storage Project Act’). 

‘‘(f) The Secretary of the Interior shall apportion water under subsections (a), (d), and 

(e) on an annual volume basis. 

‘‘(g) The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under subsections (a), (d), and (e) on the basis of information relating to water supply conditions 

that was not available at the time at which 

the determination was made. 

‘‘(h) Nothing in this section prohibits the 

distribution of water in accordance with cooperative water agreements between water 

users providing for a sharing of water supplies. 

‘‘(i) Diversions under New Mexico State 

Engineer File No. 3215 shall be distributed, 

to the maximum extent water is available, in 

proportionate amounts to the diversion demands of contractors and subcontractors of 

the Navajo Reservoir water supply that are 

diverting water below Navajo Dam.’’. 

SEC. 10403. EFFECT ON FEDERAL WATER LAW. 

Unless expressly provided in this subtitle, 

nothing in this subtitle modifies, conflicts 

with, preempts, or otherwise affects— 

(1) the Boulder Canyon Project Act (43 

U.S.C. 617 et seq.); 

(2) the Boulder Canyon Project Adjustment 

Act (54 Stat. 774, chapter 643); 


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(3) the Act of April 11, 1956 (commonly 

known as the ‘‘Colorado River Storage 

Project Act’’) (43 U.S.C. 620 et seq.); 

(4) the Act of September 30, 1968 (commonly known as the ‘‘Colorado River Basin 

Project Act’’) (82 Stat. 885); 

(5) Public Law 87–483 (76 Stat. 96); 

(6) the Treaty between the United States of 

America and Mexico respecting utilization of 

waters of the Colorado and Tijuana Rivers 

and of the Rio Grande, signed at Washington 

February 3, 1944 (59 Stat. 1219); 

(7) the Colorado River Compact of 1922, as 

approved by the Presidential Proclamation 

of June 25, 1929 (46 Stat. 3000); 

(8) the Compact; 

(9) the Act of April 6, 1949 (63 Stat. 31, 

chapter 48); 

(10) the Jicarilla Apache Tribe Water 

Rights Settlement Act (106 Stat. 2237); or 

(11) section 205 of the Energy and Water 

Development Appropriations Act, 2005 (118 

Stat. 2949). 

PART II—RECLAMATION WATER 

SETTLEMENTS FUND 

SEC. 10501. RECLAMATION WATER SETTLEMENTS 

FUND. 

(a) ESTABLISHMENT.—There is established 

in the Treasury of the United States a fund, 

to be known as the ‘‘Reclamation Water Settlements Fund’’, consisting of— 

(1) such amounts as are deposited to the 

Fund under subsection (b); and 

(2) any interest earned on investment of 

amounts in the Fund under subsection (d). 

(b) DEPOSITS TO FUND.— 

(1) IN GENERAL.—For each of fiscal years 

2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, 

$120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the 

fund established by the first section of the 

Act of June 17, 1902 (32 Stat. 388, chapter 

1093). 

(2) AVAILABILITY OF AMOUNTS.—Amounts 

deposited in the Fund under paragraph (1) 

shall be made available pursuant to this section— 

(A) without further appropriation; and 

(B) in addition to amounts appropriated 

pursuant to any authorization contained in 

any other provision of law. 

(c) EXPENDITURES FROM FUND.— 

(1) IN GENERAL.— 

(A) EXPENDITURES.—Subject to subparagraph (B), for each of fiscal years 2020 

through 2034, the Secretary may expend from 

the Fund an amount not to exceed 

$120,000,000, plus the interest accrued in the 

Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) 

and (3). 

(B) ADDITIONAL EXPENDITURES.—The Secretary may expend more than $120,000,000 for 

any fiscal year if such amounts are available 

in the Fund due to expenditures not reaching 

$120,000,000 for prior fiscal years. 

(2) AUTHORITY.—The Secretary may expend 

money from the Fund to implement a settlement agreement approved by Congress that 

resolves, in whole or in part, litigation involving the United States, if the settlement 

agreement or implementing legislation requires the Bureau of Reclamation to provide 

financial assistance for, or plan, design, and 

construct— 

(A) water supply infrastructure; or 

(B) a project— 

(i) to rehabilitate a water delivery system 

to conserve water; or 

(ii) to restore fish and wildlife habitat or 

otherwise improve environmental conditions 

associated with or affected by, or located 

within the same river basin as, a Federal reclamation project that is in existence on the 

date of enactment of this Act. 

(3) USE FOR COMPLETION OF PROJECT AND

OTHER SETTLEMENTS.— 

(A) PRIORITIES.— 

(i) FIRST PRIORITY.— 

(I) IN GENERAL.—The first priority for expenditure of amounts in the Fund during the 

entire period in which the Fund is in existence shall be for the purposes described in, 

and in the order of, clauses (i) through (iv) of 

subparagraph (B). 

(II) RESERVED AMOUNTS.—The Secretary 

shall reserve and use amounts deposited into 

the Fund in accordance with subclause (I). 

(ii) OTHER PURPOSES.—Any amounts in the 

Fund that are not needed for the purposes 

described in subparagraph (B) may be used 

for other purposes authorized in paragraph 

(2). 

(B) COMPLETION OF PROJECT.— 

(i) NAVAJO-GALLUP WATER SUPPLY

PROJECT.— 

(I) IN GENERAL.—Subject to subclause (II), 

effective beginning January 1, 2020, if, in the 

judgment of the Secretary on an annual 

basis the deadline described in section 

10701(f)(1)(A)(ix) is unlikely to be met because a sufficient amount of funding is not 

otherwise available through appropriations 

made available pursuant to section 10609(a), 

the Secretary shall expend from the Fund 

such amounts on an annual basis consistent 

with paragraphs (1) and (2), as are necessary 

to pay the Federal share of the costs, and 

substantially complete as expeditiously as 

practicable, the construction of the water 

supply infrastructure authorized as part of 

the Project. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided under 

item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the 

period of fiscal years 2020 through 2029. 

(bb) EXCEPTION.—The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the 

Fund is in existence if such additional funds 

can be expended without limiting the 

amounts identified in clauses (ii) through 

(iv). 

(ii) OTHER NEW MEXICO SETTLEMENTS.— 

(I) IN GENERAL.—Subject to subclause (II), 

effective beginning January 1, 2020, in addition to the funding made available under 

clause (i), if in the judgment of the Secretary on an annual basis a sufficient 

amount of funding is not otherwise available 

through annual appropriations, the Secretary shall expend from the Fund such 

amounts on an annual basis consistent with 

paragraphs (1) and (2), as are necessary to 

pay the Federal share of the remaining costs 

of implementing the Indian water rights settlement agreements entered into by the 

State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such 

settlements are subsequently approved and 

authorized by an Act of Congress and the implementation period has not already expired. 

(II) MAXIMUM AMOUNT.—The amount expended under subclause (I) shall not exceed 

$250,000,000. 

(iii) MONTANA SETTLEMENTS.— 

(I) IN GENERAL.—Subject to subclause (II), 

effective beginning January 1, 2020, in addition to funding made available pursuant to 

clauses (i) and (ii), if in the judgment of the 

Secretary on an annual basis a sufficient 

amount of funding is not otherwise available 

through annual appropriations, the Secretary shall expend from the Fund such 

amounts on an annual basis consistent with 

paragraphs (1) and (2), as are necessary to 

pay the Federal share of the remaining costs 

of implementing Indian water rights settlement agreements entered into by the State 

of Montana with the Blackfeet Tribe, the 

Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled 

‘‘In re the General Adjudication of All the 

Rights to Use Surface and Groundwater in 

the State of Montana’’, if a settlement or 

settlements are subsequently approved and 

authorized by an Act of Congress and the implementation period has not already expired. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided under 

item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the 

period of fiscal years 2020 through 2029. 

(bb) EXCEPTION.—The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the 

Fund is in existence if such additional funds 

can be expended without limiting the 

amounts identified in clause (i), (ii), and (iv). 

(cc) OTHER FUNDING.—The Secretary shall 

ensure that any funding under this clause 

shall be provided in a manner that does not 

limit the funding available pursuant to 

clauses (i) and (ii). 

(iv) ARIZONA SETTLEMENT.— 

(I) IN GENERAL.—Subject to subclause (II), 

effective beginning January 1, 2020, in addition to funding made available pursuant to 

clauses (i), (ii), and (iii), if in the judgment 

of the Secretary on an annual basis a sufficient amount of funding is not otherwise 

available through annual appropriations, the 

Secretary shall expend from the Fund such 

amounts on an annual basis consistent with 

paragraphs (1) and (2), as are necessary to 

pay the Federal share of the remaining costs 

of implementing an Indian water rights settlement agreement entered into by the State 

of Arizona with the Navajo Nation to resolve 

the water rights claims of the Nation in the 

Lower Colorado River basin in Arizona, if a 

settlement is subsequently approved and authorized by an Act of Congress and the implementation period has not already expired. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided under 

item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the 

period of fiscal years 2020 through 2029. 

(bb) EXCEPTION.—The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the 

Fund is in existence if such additional funds 

can be expended without limiting the 

amounts identified in clauses (i) through 

(iii). 

(cc) OTHER FUNDING.—The Secretary shall 

ensure that any funding under this clause 

shall be provided in a manner that does not 

limit the funding available pursuant to 

clauses (i) and (ii). 

(C) REVERSION.—If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and 

authorized by an Act of Congress by December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the 

Secretary pursuant to subparagraph (A)(i) 

and shall revert to the Fund for any authorized use, as determined by the Secretary. 

(d) INVESTMENT OF AMOUNTS.— 

(1) IN GENERAL.—The Secretary shall invest 

such portion of the Fund as is not, in the 

judgment of the Secretary, required to meet 

current withdrawals. 

(2) CREDITS TO FUND.—The interest on, and 

the proceeds from the sale or redemption of, 

any obligations held in the Fund shall be 

credited to, and form a part of, the Fund. 

(e) TRANSFERS OF AMOUNTS.— 

(1) IN GENERAL.—The amounts required to 

be transferred to the Fund under this section 

shall be transferred at least monthly from 

the general fund of the Treasury to the Fund 

on the basis of estimates made by the Secretary of the Treasury. 

(2) ADJUSTMENTS.—Proper adjustment shall 

be made in amounts subsequently transferred to the extent prior estimates were in 

excess of or less than the amounts required 

to be transferred. 


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(f) TERMINATION.—On September 30, 2034— 

(1) the Fund shall terminate; and 

(2) the unexpended and unobligated balance 

of the Fund shall be transferred to the appropriate fund of the Treasury. 

PART III—NAVAJO-GALLUP WATER 

SUPPLY PROJECT 

SEC. 10601. PURPOSES. 

The purposes of this part are— 

(1) to authorize the Secretary to construct, 

operate, and maintain the Navajo-Gallup 

Water Supply Project; 

(2) to allocate the capacity of the Project 

among the Nation, the City, and the 

Jicarilla Apache Nation; and 

(3) to authorize the Secretary to enter into 

Project repayment contracts with the City 

and the Jicarilla Apache Nation. 

SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP 

WATER SUPPLY PROJECT. 

(a) IN GENERAL.—The Secretary, acting 

through the Commissioner of Reclamation, 

is authorized to design, construct, operate, 

and maintain the Project in substantial accordance with the preferred alternative in 

the Draft Impact Statement. 

(b) PROJECT FACILITIES.—To provide for the 

delivery of San Juan River water to Project 

Participants, the Secretary may construct, 

operate, and maintain the Project facilities 

described in the preferred alternative in the 

Draft Impact Statement, including: 

(1) A pumping plant on the San Juan River 

in the vicinity of Kirtland, New Mexico. 

(2)(A) A main pipeline from the San Juan 

River near Kirtland, New Mexico, to 

Shiprock, New Mexico, and Gallup, New 

Mexico, which follows United States Highway 491. 

(B) Any pumping plants associated with 

the pipeline authorized under subparagraph 

(A). 

(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, New Mexico, which follows United States Highway 550. 

(B) Any pumping plants associated with 

the pipeline authorized under subparagraph 

(A). 

(4)(A) Lateral pipelines from the main 

pipelines to Nation communities in the 

States of New Mexico and Arizona. 

(B) Any pumping plants associated with 

the pipelines authorized under subparagraph 

(A). 

(5) Any water regulation, storage or treatment facility, service connection to an existing public water supply system, power substation, power distribution works, or other 

appurtenant works (including a building or 

access road) that is related to the Project facilities authorized by paragraphs (1) through 

(4), including power transmission facilities 

and associated wheeling services to connect 

Project facilities to existing high-voltage 

transmission facilities and deliver power to 

the Project. 

(c) ACQUISITION OF LAND.— 

(1) IN GENERAL.—The Secretary is authorized to acquire any land or interest in land 

that is necessary to construct, operate, and 

maintain the Project facilities authorized 

under subsection (b). 

(2) LAND OF THE PROJECT PARTICIPANTS.—As 

a condition of construction of the facilities 

authorized under this part, the Project Participants shall provide all land or interest in 

land, as appropriate, that the Secretary 

identifies as necessary for acquisition under 

this subsection at no cost to the Secretary. 

(3) LIMITATION.—The Secretary may not 

condemn water rights for purposes of the 

Project. 

(d) CONDITIONS.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection (b) until such time as— 

(A) the Secretary executes the Agreement 

and the Contract; 

(B) the contracts authorized under section 

10604 are executed; 

(C) the Secretary— 

(i) completes an environmental impact 

statement for the Project; and 

(ii) has issued a record of decision that provides for a preferred alternative; and 

(D) the Secretary has entered into an 

agreement with the State of New Mexico 

under which the State of New Mexico will 

provide a share of the construction costs of 

the Project of not less than $50,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facilities 

to the Project Participants to the extent 

that the facilities reduce the cost of the 

Project as estimated in the Draft Impact 

Statement. 

(2) EXCEPTION.—If the Jicarilla Apache Nation elects not to enter into a contract pursuant to section 10604, the Secretary, after 

consulting with the Nation, the City, and the 

State of New Mexico acting through the 

Interstate Stream Commission, may make 

appropriate modifications to the scope of the 

Project and proceed with Project construction if all other conditions for construction 

have been satisfied. 

(3) EFFECT OF INDIAN SELF-DETERMINATION

AND EDUCATION ASSISTANCE ACT.—The Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not 

apply to the design, construction, operation, 

maintenance, or replacement of the Project. 

(e) POWER.—The Secretary shall reserve, 

from existing reservations of Colorado River 

Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of 

power for use by the Project. 

(f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.— 

(1) IN GENERAL.—The Secretary is authorized to enter into separate agreements with 

the City and the Nation and, on entering 

into the agreements, shall convey title to 

each Project facility or section of a Project 

facility authorized under subsection (b) (including any appropriate interests in land) to 

the City and the Nation after— 

(A) completion of construction of a Project 

facility or a section of a Project facility that 

is operating and delivering water; and 

(B) execution of a Project operations 

agreement approved by the Secretary and 

the Project Participants that sets forth— 

(i) any terms and conditions that the Secretary determines are necessary— 

(I) to ensure the continuation of the intended benefits of the Project; and 

(II) to fulfill the purposes of this part; 

(ii) requirements acceptable to the Secretary and the Project Participants for— 

(I) the distribution of water under the 

Project or section of a Project facility; and 

(II) the allocation and payment of annual 

operation, maintenance, and replacement 

costs of the Project or section of a Project 

facility based on the proportionate uses of 

Project facilities; and 

(iii) conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each 

Project facility on completion of the conveyance of title, including the requirement that 

the City and the Nation shall— 

(I) comply with— 

(aa) the Compact; and 

(bb) other applicable law; and 

(II) be responsible for— 

(aa) the operation, maintenance, and replacement of each Project facility; and 

(bb) the accounting and management of 

water conveyance and Project finances, as 

necessary to administer and fulfill the conditions of the Contract executed under section 

10604(a)(2)(B). 

(2) EFFECT OF CONVEYANCE.—The conveyance of title to each Project facility shall 

not affect the application of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of the water associated 

with the Project. 

(3) LIABILITY.— 

(A) IN GENERAL.—Effective on the date of 

the conveyance authorized by this subsection, the United States shall not be held 

liable by any court for damages of any kind 

arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, 

other than damages caused by acts of negligence committed by the United States, or 

by employees or agents of the United States, 

prior to the date of conveyance. 

(B) TORT CLAIMS.—Nothing in this section 

increases the liability of the United States 

beyond the liability provided in chapter 171 

of title 28, United States Code (commonly 

known as the ‘‘Federal Tort Claims Act’’). 

(4) NOTICE OF PROPOSED CONVEYANCE.—Not 

later than 45 days before the date of a proposed conveyance of title to any Project facility, the Secretary shall submit to the 

Committee on Resources of the House of 

Representatives and to the Committee on 

Energy and Natural Resources of the Senate 

notice of the conveyance of each Project facility. 

(g) COLORADO RIVER STORAGE PROJECT

POWER.—The conveyance of Project facilities 

under subsection (f) shall not affect the 

availability of Colorado River Storage 

Project power to the Project under subsection (e). 

(h) REGIONAL USE OF PROJECT FACILITIES.— 

(1) IN GENERAL.—Subject to paragraph (2), 

Project facilities constructed under subsection (b) may be used to treat and convey 

non-Project water or water that is not allocated by subsection 10603(b) if— 

(A) capacity is available without impairing 

any water delivery to a Project Participant; 

and 

(B) the unallocated or non-Project water 

beneficiary— 

(i) has the right to use the water; 

(ii) agrees to pay the operation, maintenance, and replacement costs assignable to 

the beneficiary for the use of the Project facilities; and 

(iii) agrees to pay an appropriate fee that 

may be established by the Secretary to assist in the recovery of any capital cost allocable to that use. 

(2) EFFECT OF PAYMENTS.—Any payments 

to the United States or the Nation for the 

use of unused capacity under this subsection 

or for water under any subcontract with the 

Nation or the Jicarilla Apache Nation shall 

not alter the construction repayment requirements or the operation, maintenance, 

and replacement payment requirements of 

the Project Participants. 

SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT 

WATER. 

(a) USE OF PROJECT WATER.— 

(1) IN GENERAL.—In accordance with this 

subtitle and other applicable law, water supply from the Project shall be used for municipal, industrial, commercial, domestic, and 

stock watering purposes. 

(2) USE ON CERTAIN LAND.— 

(A) IN GENERAL.—Subject to subparagraph 

(B), the Nation may use Project water allocations on— 

(i) land held by the United States in trust 

for the Nation and members of the Nation; 

and 

(ii) land held in fee by the Nation. 


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(B) TRANSFER.—The Nation may transfer 

the purposes and places of use of the allocated water in accordance with the Agreement and applicable law. 

(3) HYDROELECTRIC POWER.— 

(A) IN GENERAL.—Hydroelectric power may 

be generated as an incident to the delivery of 

Project water for authorized purposes under 

paragraph (1). 

(B) ADMINISTRATION.—Notwithstanding any 

other provision of law— 

(i) any hydroelectric power generated 

under this paragraph shall be used or marketed by the Nation; 

(ii) the Nation shall retain any revenues 

from the sale of the hydroelectric power; and 

(iii) the United States shall have no trust 

obligation or other obligation to monitor, 

administer, or account for the revenues received by the Nation, or the expenditure of 

the revenues. 

(4) STORAGE.— 

(A) IN GENERAL.—Subject to subparagraph 

(B), any water contracted for delivery under 

paragraph (1) that is not needed for current 

water demands or uses may be delivered by 

the Project for placement in underground 

storage in the State of New Mexico for future recovery and use. 

(B) STATE APPROVAL.—Delivery of water 

under subparagraph (A) is subject to— 

(i) approval by the State of New Mexico 

under applicable provisions of State law relating to aquifer storage and recovery; and 

(ii) the provisions of the Agreement and 

this subtitle. 

(b) PROJECT WATER AND CAPACITY ALLOCATIONS.— 

(1) DIVERSION.—Subject to availability and 

consistent with Federal and State law, the 

Project may divert from the Navajo Reservoir and the San Juan River a quantity of 

water to be allocated and used consistent 

with the Agreement and this subtitle, that 

does not exceed in any 1 year, the lesser of— 

(A) 37,760 acre-feet of water; or 

(B) the quantity of water necessary to supply a depletion from the San Juan River of 

35,890 acre-feet. 

(2) PROJECT DELIVERY CAPACITY ALLOCATIONS.— 

(A) IN GENERAL.—The capacity of the 

Project shall be allocated to the Project Participants in accordance with subparagraphs 

(B) through (E), other provisions of this subtitle, and other applicable law. 

(B) DELIVERY CAPACITY ALLOCATION TO THE

CITY.—The Project may deliver at the point 

of diversion from the San Juan River not 

more than 7,500 acre-feet of water in any 1 

year for which the City has secured rights 

for the use of the City. 

(C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN NEW MEXICO.—For 

use by the Nation in the State of New Mexico, the Project may deliver water out of the 

water rights held by the Secretary for the 

Nation and confirmed under this subtitle, at 

the points of diversion from the San Juan 

River or at Navajo Reservoir in any 1 year, 

the lesser of— 

(i) 22,650 acre-feet of water; or 

(ii) the quantity of water necessary to supply a depletion from the San Juan River of 

20,780 acre-feet of water. 

(D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN ARIZONA.—Subject to subsection (c), the Project may deliver at the point of diversion from the San 

Juan River not more than 6,411 acre-feet of 

water in any 1 year for use by the Nation in 

the State of Arizona. 

(E) DELIVERY CAPACITY ALLOCATION TO

JICARILLA APACHE NATION.—The Project may 

deliver at Navajo Reservoir not more than 

1,200 acre-feet of water in any 1 year of the 

water rights of the Jicarilla Apache Nation, 

held by the Secretary and confirmed by the 

Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102–441; 106 Stat. 2237), 

for use by the Jicarilla Apache Nation in the 

southern portion of the Jicarilla Apache Nation Reservation in the State of New Mexico. 

(3) USE IN EXCESS OF DELIVERY CAPACITY ALLOCATION QUANTITY.—Notwithstanding each 

delivery capacity allocation quantity limit 

described in subparagraphs (B), (C), and (E) 

of paragraph (2), the Secretary may authorize a Project Participant to exceed the delivery capacity allocation quantity limit of 

that Project Participant if— 

(A) delivery capacity is available without 

impairing any water delivery to any other 

Project Participant; and 

(B) the Project Participant benefitting 

from the increased allocation of delivery capacity— 

(i) has the right under applicable law to 

use the additional water; 

(ii) agrees to pay the operation, maintenance, and replacement costs relating to the 

additional use of any Project facility; and 

(iii) agrees, if the Project title is held by 

the Secretary, to pay a fee established by the 

Secretary to assist in recovering capital 

costs relating to that additional use. 

(c) CONDITIONS FOR USE IN ARIZONA.— 

(1) REQUIREMENTS.—Project water shall not 

be delivered for use by any community of the 

Nation located in the State of Arizona under 

subsection (b)(2)(D) until— 

(A) the Nation and the State of Arizona 

have entered into a water rights settlement 

agreement approved by an Act of Congress 

that settles and waives the Nation’s claims 

to water in the Lower Basin and the Little 

Colorado River Basin in the State of Arizona, including those of the United States on 

the Nation’s behalf; and 

(B) the Secretary and the Navajo Nation 

have entered into a Navajo Reservoir water 

supply delivery contract for the physical delivery and diversion of water via the Project 

from the San Juan River system to supply 

uses in the State of Arizona. 

(2) ACCOUNTING OF USES IN ARIZONA.— 

(A) IN GENERAL.—Pursuant to paragraph (1) 

and notwithstanding any other provision of 

law, water may be diverted by the Project 

from the San Juan River in the State of New 

Mexico in accordance with an appropriate 

permit issued under New Mexico law for use 

in the State of Arizona within the Navajo 

Reservation in the Lower Basin; provided 

that any depletion of water that results from 

the diversion of water by the Project from 

the San Juan River in the State of New Mexico for uses within the State of Arizona (including depletion incidental to the diversion, 

impounding, or conveyance of water in the 

State of New Mexico for uses in the State of 

Arizona) shall be administered and accounted for as either— 

(i) a part of, and charged against, the 

available consumptive use apportionment 

made to the State of Arizona by Article 

III(a) of the Compact and to the Upper Basin 

by Article III(a) of the Colorado River Compact, in which case any water so diverted by 

the Project into the Lower Basin for use 

within the State of Arizona shall not be 

credited as water reaching Lee Ferry pursuant to Article III(c) and III(d) of the Colorado River Compact; or 

(ii) subject to subparagraph (B), a part of, 

and charged against, the consumptive use 

apportionment made to the Lower Basin by 

Article III(a) of the Colorado River Compact, 

in which case it shall— 

(I) be a part of the Colorado River water 

that is apportioned to the State of Arizona 

in Article II(B) of the Consolidated Decree of 

the Supreme Court of the United States in 

Arizona v. California (547 U.S. 150) (as may 

be amended or supplemented); 

(II) be credited as water reaching Lee 

Ferry pursuant to Article III(c) and III(d) of 

the Colorado River Compact; and 

(III) be accounted as the water identified in 

section 104(a)(1)(B)(ii) of the Arizona Water 

Settlements Act, (118 Stat. 3478); 

(B) LIMITATION.—Notwithstanding subparagraph (B), no water diverted by the Project 

shall be accounted for pursuant to subparagraph (B) until such time that— 

(i) the Secretary has developed and, as necessary and appropriate, modified, in consultation with the Upper Colorado River 

Commission and the Governors’ Representatives on Colorado River Operations from 

each State signatory to the Colorado River 

Compact, all operational and decisional criteria, policies, contracts, guidelines or other 

documents that control the operations of the 

Colorado River System reservoirs and diversion works, so as to adjust, account for, and 

offset the diversion of water apportioned to 

the State of Arizona, pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et 

seq.), from a point of diversion on the San 

Juan River in New Mexico; provided that all 

such modifications shall be consistent with 

the provisions of this Section, and the modifications made pursuant to this clause shall 

be applicable only for the duration of any 

such diversions pursuant to section 

10603(c)(2)(B); and 

(ii) Article II(B) of the Decree of the Supreme Court of the United States in Arizona 

v. California (547 U.S. 150 as may be amended 

or supplemented) is administered so that diversions from the main stream for the Central Arizona Project, as served under existing contracts with the United States by diversion works heretofore constructed, shall 

be limited and reduced to offset any diversions made pursuant to section 10603(c)(2)(B) 

of this Act. This clause shall not affect, in 

any manner, the amount of water apportioned to Arizona pursuant to the Boulder 

Canyon Project Act (43 U.S.C. 617 et seq.), or 

amend any provisions of said decree or the 

Colorado River Basin Project Act (43 U.S.C. 

1501 et. seq.). 

(3) UPPER BASIN PROTECTIONS.— 

(A) CONSULTATIONS.—Henceforth, in any 

consultation pursuant to 16 U.S.C. 1536(a) 

with respect to water development in the 

San Juan River Basin, the Secretary shall 

confer with the States of Colorado and New 

Mexico, consistent with the provisions of 

section 5 of the ‘‘Principles for Conducting 

Endangered Species Act Section 7 Consultations on Water Development and Water Management Activities Affecting Endangered 

Fish Species in the San Juan River Basin’’ as 

adopted by the Coordination Committee, San 

Juan River Basin Recovery Implementation 

Program, on June 19, 2001, and as may be 

amended or modified. 

(B) PRESERVATION OF EXISTING RIGHTS.— 

Rights to the consumptive use of water 

available to the Upper Basin from the Colorado River System under the Colorado River 

Compact and the Compact shall not be reduced or prejudiced by any use of water pursuant to subsection 10603(c). Nothing in this 

Act shall be construed so as to impair, conflict with, or otherwise change the duties 

and powers of the Upper Colorado River 

Commission. 

(d) FORBEARANCE.— 

(1) IN GENERAL.—Subject to paragraphs (2) 

and (3), during any year in which a shortage 

to the normal diversion requirement for any 

use relating to the Project within the State 

of Arizona occurs (as determined under section 11 of Public Law 87–483 (76 Stat. 99)), the 

Nation may temporarily forbear the delivery 

of the water supply of the Navajo Reservoir 

for uses in the State of New Mexico under 

the apportionments of water to the Navajo 


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Indian Irrigation Project and the normal diversion requirements of the Project to allow 

an equivalent quantity of water to be delivered from the Navajo Reservoir water supply 

for municipal and domestic uses of the Nation in the State of Arizona under the 

Project. 

(2) LIMITATION OF FORBEARANCE.—The Nation may forebear the delivery of water 

under paragraph (1) of a quantity not exceeding the quantity of the shortage to the normal diversion requirement for any use relating to the Project within the State of Arizona. 

(3) EFFECT.—The forbearance of the delivery of water under paragraph (1) shall be subject to the requirements in subsection (c). 

(e) EFFECT.—Nothing in this subtitle— 

(1) authorizes the marketing, leasing, or 

transfer of the water supplies made available 

to the Nation under the Contract to nonNavajo water users in States other than the 

State of New Mexico; or 

(2) authorizes the forbearance of water uses 

in the State of New Mexico to allow uses of 

water in other States other than as authorized under subsection (d). 

(f) COLORADO RIVER COMPACTS.—Notwithstanding any other provision of law— 

(1) water may be diverted by the Project 

from the San Juan River in the State of New 

Mexico for use within New Mexico in the 

lower basin, as that term is used in the Colorado River Compact; 

(2) any water diverted under paragraph (1) 

shall be a part of, and charged against, the 

consumptive use apportionment made to the 

State of New Mexico by Article III(a) of the 

Compact and to the upper basin by Article 

III(a) of the Colorado River Compact; and 

(3) any water so diverted by the Project 

into the lower basin within the State of New 

Mexico shall not be credited as water reaching Lee Ferry pursuant to Articles III(c) and 

III(d) of the Colorado River Compact. 

(g) PAYMENT OF OPERATION, MAINTENANCE, 

AND REPLACEMENT COSTS.— 

(1) IN GENERAL.—The Secretary is authorized to pay the operation, maintenance, and 

replacement costs of the Project allocable to 

the Project Participants under section 10604 

until the date on which the Secretary declares any section of the Project to be substantially complete and delivery of water 

generated by, and through, that section of 

the Project can be made to a Project participant. 

(2) PROJECT PARTICIPANT PAYMENTS.—Beginning on the date described in paragraph 

(1), each Project Participant shall pay all allocated operation, maintenance, and replacement costs for that substantially completed 

section of the Project, in accordance with 

contracts entered into pursuant to section 

10604, except as provided in section 10604(f). 

(h) NO PRECEDENT.—Nothing in this Act 

shall be construed as authorizing or establishing a precedent for any type of transfer 

of Colorado River System water between the 

Upper Basin and Lower Basin. Nor shall anything in this Act be construed as expanding 

the Secretary’s authority in the Upper 

Basin. 

(i) UNIQUE SITUATION.—Diversions by the 

Project consistent with this section address 

critical tribal and non-Indian water supply 

needs under unique circumstances, which include, among other things— 

(1) the intent to benefit an American Indian tribe; 

(2) the Navajo Nation’s location in both 

the Upper and Lower Basin; 

(3) the intent to address critical Indian 

water needs in the State of Arizona and Indian and non-Indian water needs in the State 

of New Mexico, 

(4) the location of the Navajo Nation’s capital city of Window Rock in the State of Arizona in close proximity to the border of the 

State of New Mexico and the pipeline route 

for the Project; 

(5) the lack of other reasonable options 

available for developing a firm, sustainable 

supply of municipal water for the Navajo Nation at Window Rock in the State of Arizona; 

and 

(6) the limited volume of water to be diverted by the Project to supply municipal 

uses in the Window Rock area in the State of 

Arizona. 

(j) CONSENSUS.—Congress notes the consensus of the Governors’ Representatives on 

Colorado River Operations of the States that 

are signatory to the Colorado River Compact 

regarding the diversions authorized for the 

Project under this section. 

(k) EFFICIENT USE.—The diversions and 

uses authorized for the Project under this 

Section represent unique and efficient uses 

of Colorado River apportionments in a manner that Congress has determined would be 

consistent with the obligations of the United 

States to the Navajo Nation. 

SEC. 10604. PROJECT CONTRACTS. 

(a) NAVAJO NATION CONTRACT.— 

(1) HYDROLOGIC DETERMINATION.—Congress 

recognizes that the Hydrologic Determination necessary to support approval of the 

Contract has been completed. 

(2) CONTRACT APPROVAL.— 

(A) APPROVAL.— 

(i) IN GENERAL.—Except to the extent that 

any provision of the Contract conflicts with 

this subtitle, Congress approves, ratifies, and 

confirms the Contract. 

(ii) AMENDMENTS.—To the extent any 

amendment is executed to make the Contract consistent with this subtitle, that 

amendment is authorized, ratified, and confirmed. 

(B) EXECUTION OF CONTRACT.—The Secretary, acting on behalf of the United States, 

shall enter into the Contract to the extent 

that the Contract does not conflict with this 

subtitle (including any amendment that is 

required to make the Contract consistent 

with this subtitle). 

(3) NONREIMBURSABILITY OF ALLOCATED

COSTS.—The following costs shall be nonreimbursable and not subject to repayment by 

the Nation or any other Project beneficiary: 

(A) Any share of the construction costs of 

the Nation relating to the Project authorized 

by section 10602(a). 

(B) Any costs relating to the construction 

of the Navajo Indian Irrigation Project that 

may otherwise be allocable to the Nation for 

use of any facility of the Navajo Indian Irrigation Project to convey water to each Navajo community under the Project. 

(C) Any costs relating to the construction 

of Navajo Dam that may otherwise be allocable to the Nation for water deliveries 

under the Contract. 

(4) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—Subject to subsection (f), 

the Contract shall include provisions under 

which the Nation shall pay any costs relating to the operation, maintenance, and replacement of each facility of the Project 

that are allocable to the Nation. 

(5) LIMITATION, CANCELLATION, TERMINATION, AND RESCISSION.—The Contract may 

be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress. 

(b) CITY OF GALLUP CONTRACT.— 

(1) CONTRACT AUTHORIZATION.—Consistent 

with this subtitle, the Secretary is authorized to enter into a repayment contract with 

the City that requires the City— 

(A) to repay, within a 50-year period, the 

share of the construction costs of the City 

relating to the Project, with interest as provided under section 10305; and 

(B) consistent with section 10603(g), to pay 

the operation, maintenance, and replacement costs of the Project that are allocable 

to the City. 

(2) CONTRACT PREPAYMENT.— 

(A) IN GENERAL.—The contract authorized 

under paragraph (1) may allow the City to 

satisfy the repayment obligation of the City 

for construction costs of the Project on the 

payment of the share of the City prior to the 

initiation of construction. 

(B) AMOUNT.—The amount of the share of 

the City described in subparagraph (A) shall 

be determined by agreement between the 

Secretary and the City. 

(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary 

and the City pursuant to subparagraph (A) 

shall be subject to a final cost allocation by 

the Secretary on project completion and to 

the limitations set forth in paragraph (3). 

(3) SHARE OF CONSTRUCTION COSTS.— 

(A) IN GENERAL.—Subject to subparagraph 

(B), the Secretary shall determine the share 

of the construction costs of the Project allocable to the City and establish the percentage of the allocated construction costs that 

the City shall be required to repay pursuant 

to the contract entered into under paragraph 

(1), based on the ability of the City to pay. 

(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment 

obligation of the City shall be at least 25 percent of the construction costs of the Project 

that are allocable to the City, but shall in no 

event exceed 35 percent. 

(4) EXCESS CONSTRUCTION COSTS.—Any construction costs of the Project allocable to 

the City in excess of the repayment obligation of the City, as determined under paragraph (3), shall be nonreimbursable. 

(5) GRANT FUNDS.—A grant from any other 

Federal source shall not be credited toward 

the amount required to be repaid by the City 

under a repayment contract. 

(6) TITLE TRANSFER.—If title is transferred 

to the City prior to repayment under section 

10602(f), the City shall be required to provide 

assurances satisfactory to the Secretary of 

fulfillment of the remaining repayment obligation of the City. 

(7) WATER DELIVERY SUBCONTRACT.—The 

Secretary shall not enter into a contract 

under paragraph (1) with the City until the 

City has secured a water supply for the 

City’s portion of the Project described in section 10603(b)(2)(B), by entering into, as approved by the Secretary, a water delivery 

subcontract for a period of not less than 40 

years beginning on the date on which the 

construction of any facility of the Project 

serving the City is completed, with— 

(A) the Nation, as authorized by the Contract; 

(B) the Jicarilla Apache Nation, as authorized by the settlement contract between the 

United States and the Jicarilla Apache 

Tribe, authorized by the Jicarilla Apache 

Tribe Water Rights Settlement Act (Public 

Law 102–441; 106 Stat. 2237); or 

(C) an acquired alternate source of water, 

subject to approval of the Secretary and the 

State of New Mexico, acting through the 

New Mexico Interstate Stream Commission 

and the New Mexico State Engineer. 

(c) JICARILLA APACHE NATION CONTRACT.— 

(1) CONTRACT AUTHORIZATION.—Consistent 

with this subtitle, the Secretary is authorized to enter into a repayment contract with 

the Jicarilla Apache Nation that requires 

the Jicarilla Apache Nation— 

(A) to repay, within a 50-year period, the 

share of any construction cost of the 

Jicarilla Apache Nation relating to the 

Project, with interest as provided under section 10305; and 


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(B) consistent with section 10603(g), to pay 

the operation, maintenance, and replacement costs of the Project that are allocable 

to the Jicarilla Apache Nation. 

(2) CONTRACT PREPAYMENT.— 

(A) IN GENERAL.—The contract authorized 

under paragraph (1) may allow the Jicarilla 

Apache Nation to satisfy the repayment obligation of the Jicarilla Apache Nation for 

construction costs of the Project on the payment of the share of the Jicarilla Apache Nation prior to the initiation of construction. 

(B) AMOUNT.—The amount of the share of 

Jicarilla Apache Nation described in subparagraph (A) shall be determined by agreement between the Secretary and the 

Jicarilla Apache Nation. 

(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary 

and the Jicarilla Apache Nation pursuant to 

subparagraph (A) shall be subject to a final 

cost allocation by the Secretary on project 

completion and to the limitations set forth 

in paragraph (3). 

(3) SHARE OF CONSTRUCTION COSTS.— 

(A) IN GENERAL.—Subject to subparagraph 

(B), the Secretary shall determine the share 

of the construction costs of the Project allocable to the Jicarilla Apache Nation and establish the percentage of the allocated construction costs of the Jicarilla Apache Nation that the Jicarilla Apache Nation shall 

be required to repay based on the ability of 

the Jicarilla Apache Nation to pay. 

(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment 

obligation of the Jicarilla Apache Nation 

shall be at least 25 percent of the construction costs of the Project that are allocable to 

the Jicarilla Apache Nation, but shall in no 

event exceed 35 percent. 

(4) EXCESS CONSTRUCTION COSTS.—Any construction costs of the Project allocable to 

the Jicarilla Apache Nation in excess of the 

repayment obligation of the Jicarilla Apache 

Nation as determined under paragraph (3), 

shall be nonreimbursable. 

(5) GRANT FUNDS.—A grant from any other 

Federal source shall not be credited toward 

the share of the Jicarilla Apache Nation of 

construction costs. 

(6) NAVAJO INDIAN IRRIGATION PROJECT

COSTS.—The Jicarilla Apache Nation shall 

have no obligation to repay any Navajo Indian Irrigation Project construction costs 

that might otherwise be allocable to the 

Jicarilla Apache Nation for use of the Navajo 

Indian Irrigation Project facilities to convey 

water to the Jicarilla Apache Nation, and 

any such costs shall be nonreimbursable. 

(d) CAPITAL COST ALLOCATIONS.— 

(1) IN GENERAL.—For purposes of estimating the capital repayment requirements 

of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement allocating capital construction costs 

for the Project. 

(2) FINAL COST ALLOCATION.—The repayment contracts entered into with Project 

Participants under this section shall require 

that the Secretary perform a final cost allocation when construction of the Project is 

determined to be substantially complete. 

(3) REPAYMENT OBLIGATION.—The Secretary 

shall determine the repayment obligation of 

the Project Participants based on the final 

cost allocation identifying reimbursable and 

nonreimbursable capital costs of the Project 

consistent with this subtitle. 

(e) OPERATION, MAINTENANCE, AND REPLACEMENT COST ALLOCATIONS.—For purposes of determining the operation, maintenance, and replacement obligations of the 

Project Participants under this section, the 

Secretary shall review and, as appropriate, 

update the Draft Impact Statement that allocates operation, maintenance, and replacement costs for the Project. 

(f) TEMPORARY WAIVERS OF PAYMENTS.— 

(1) IN GENERAL.—On the date on which the 

Secretary declares a section of the Project to 

be substantially complete and delivery of 

water generated by and through that section 

of the Project can be made to the Nation, the 

Secretary may waive, for a period of not 

more than 10 years, the operation, maintenance, and replacement costs allocable to 

the Nation for that section of the Project 

that the Secretary determines are in excess 

of the ability of the Nation to pay. 

(2) SUBSEQUENT PAYMENT BY NATION.—After 

a waiver under paragraph (1), the Nation 

shall pay all allocated operation, maintenance, and replacement costs of that section 

of the Project. 

(3) PAYMENT BY UNITED STATES.—Any operation, maintenance, or replacement costs 

waived by the Secretary under paragraph (1) 

shall be paid by the United States and shall 

be nonreimbursable. 

(4) EFFECT ON CONTRACTS.—Failure of the 

Secretary to waive costs under paragraph (1) 

because of a lack of availability of Federal 

funding to pay the costs under paragraph (3) 

shall not alter the obligations of the Nation 

or the United States under a repayment contract. 

(5) TERMINATION OF AUTHORITY.—The authority of the Secretary to waive costs under 

paragraph (1) with respect to a Project facility transferred to the Nation under section 

10602(f) shall terminate on the date on which 

the Project facility is transferred. 

(g) PROJECT CONSTRUCTION COMMITTEE.— 

The Secretary shall facilitate the formation 

of a project construction committee with the 

Project Participants and the State of New 

Mexico— 

(1) to review cost factors and budgets for 

construction and operation and maintenance 

activities; 

(2) to improve construction management 

through enhanced communication; and 

(3) to seek additional ways to reduce overall Project costs. 

SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE. 

(a) USE OF NAVAJO NATION PIPELINE.—In 

addition to use of the Navajo Nation Municipal Pipeline to convey the Animas-La Plata 

Project water of the Nation, the Nation may 

use the Navajo Nation Municipal Pipeline to 

convey non-Animas La Plata Project water 

for municipal and industrial purposes. 

(b) CONVEYANCE OF TITLE TO PIPELINE.— 

(1) IN GENERAL.—On completion of the Navajo Nation Municipal Pipeline, the Secretary 

may enter into separate agreements with the 

City of Farmington, New Mexico and the Nation to convey title to each portion of the 

Navajo Nation Municipal Pipeline facility or 

section of the Pipeline to the City of Farmington and the Nation after execution of a 

Project operations agreement approved by 

the Secretary, the Nation, and the City of 

Farmington that sets forth any terms and 

conditions that the Secretary determines are 

necessary. 

(2) CONVEYANCE TO THE CITY OF FARMINGTON

OR NAVAJO NATION.—In conveying title to the 

Navajo Nation Municipal Pipeline under this 

subsection, the Secretary shall convey— 

(A) to the City of Farmington, the facilities and any land or interest in land acquired 

by the United States for the construction, 

operation, and maintenance of the Pipeline 

that are located within the corporate boundaries of the City; and 

(B) to the Nation, the facilities and any 

land or interests in land acquired by the 

United States for the construction, operation, and maintenance of the Pipeline that 

are located outside the corporate boundaries 

of the City of Farmington. 

(3) EFFECT OF CONVEYANCE.—The conveyance of title to the Pipeline shall not affect 

the application of the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.) relating to 

the use of water associated with the AnimasLa Plata Project. 

(4) LIABILITY.— 

(A) IN GENERAL.—Effective on the date of 

the conveyance authorized by this subsection, the United States shall not be held 

liable by any court for damages of any kind 

arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, 

other than damages caused by acts of negligence committed by the United States or 

by employees or agents of the United States 

prior to the date of conveyance. 

(B) TORT CLAIMS.—Nothing in this subsection increases the liability of the United 

States beyond the liability provided under 

chapter 171 of title 28, United States Code 

(commonly known as the ‘‘Federal Tort 

Claims Act’’). 

(5) NOTICE OF PROPOSED CONVEYANCE.—Not 

later than 45 days before the date of a proposed conveyance of title to the Pipeline, the 

Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate, notice 

of the conveyance of the Pipeline. 

SEC. 10606. AUTHORIZATION OF CONJUNCTIVE 

USE WELLS. 

(a) CONJUNCTIVE GROUNDWATER DEVELOPMENT PLAN.—Not later than 1 year after the 

date of enactment of this Act, the Nation, in 

consultation with the Secretary, shall complete a conjunctive groundwater development plan for the wells described in subsections (b) and (c). 

(b) WELLS IN THE SAN JUAN RIVER BASIN.— 

In accordance with the conjunctive groundwater development plan, the Secretary may 

construct or rehabilitate wells and related 

pipeline facilities to provide capacity for the 

diversion and distribution of not more than 

1,670 acre-feet of groundwater in the San 

Juan River Basin in the State of New Mexico 

for municipal and domestic uses. 

(c) WELLS IN THE LITTLE COLORADO AND RIO

GRANDE BASINS.— 

(1) IN GENERAL.—In accordance with the 

Project and conjunctive groundwater development plan for the Nation, the Secretary 

may construct or rehabilitate wells and related pipeline facilities to provide capacity 

for the diversion and distribution of— 

(A) not more than 680 acre-feet of groundwater in the Little Colorado River Basin in 

the State of New Mexico; 

(B) not more than 80 acre-feet of groundwater in the Rio Grande Basin in the State 

of New Mexico; and 

(C) not more than 770 acre-feet of groundwater in the Little Colorado River Basin in 

the State of Arizona. 

(2) USE.—Groundwater diverted and distributed under paragraph (1) shall be used for 

municipal and domestic uses. 

(d) ACQUISITION OF LAND.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), the Secretary may acquire 

any land or interest in land that is necessary 

for the construction, operation, and maintenance of the wells and related pipeline facilities authorized under subsections (b) and (c). 

(2) LIMITATION.—Nothing in this subsection 

authorizes the Secretary to condemn water 

rights for the purposes described in paragraph (1). 

(e) CONDITION.—The Secretary shall not 

commence any construction activity relating to the wells described in subsections (b) 

and (c) until the Secretary executes the 

Agreement. 

(f) CONVEYANCE OF WELLS.— 


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(1) IN GENERAL.—On the determination of 

the Secretary that the wells and related facilities are substantially complete and delivery of water generated by the wells can be 

made to the Nation, an agreement with the 

Nation shall be entered into, to convey to 

the Nation title to— 

(A) any well or related pipeline facility 

constructed or rehabilitated under subsections (a) and (b) after the wells and related facilities have been completed; and 

(B) any land or interest in land acquired by 

the United States for the construction, operation, and maintenance of the well or related 

pipeline facility. 

(2) OPERATION, MAINTENANCE, AND REPLACEMENT.— 

(A) IN GENERAL.—The Secretary is authorized to pay operation and maintenance costs 

for the wells and related pipeline facilities 

authorized under this subsection until title 

to the facilities is conveyed to the Nation. 

(B) SUBSEQUENT ASSUMPTION BY NATION.— 

On completion of a conveyance of title under 

paragraph (1), the Nation shall assume all responsibility for the operation and maintenance of the well or related pipeline facility 

conveyed. 

(3) EFFECT OF CONVEYANCE.—The conveyance of title to the Nation of the conjunctive 

use wells under paragraph (1) shall not affect 

the application of the Endangered Species 

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

(g) USE OF PROJECT FACILITIES.—The capacities of the treatment facilities, main 

pipelines, and lateral pipelines of the Project 

authorized by section 10602(b) may be used to 

treat and convey groundwater to Nation 

communities if the Nation provides for payment of the operation, maintenance, and replacement costs associated with the use of 

the facilities or pipelines. 

(h) LIMITATIONS.—The diversion and use of 

groundwater by wells constructed or rehabilitated under this section shall be made in 

a manner consistent with applicable Federal 

and State law. 

SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 

(a) REHABILITATION.—Subject to subsection 

(b), the Secretary shall rehabilitate— 

(1) the Fruitland-Cambridge Irrigation 

Project to serve not more than 3,335 acres of 

land, which shall be considered to be the 

total serviceable area of the project; and 

(2) the Hogback-Cudei Irrigation Project to 

serve not more than 8,830 acres of land, 

which shall be considered to be the total 

serviceable area of the project. 

(b) CONDITION.—The Secretary shall not 

commence any construction activity relating to the rehabilitation of the FruitlandCambridge Irrigation Project or the Hogback-Cudei Irrigation Project under subsection (a) until the Secretary executes the 

Agreement. 

(c) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—The Nation shall 

continue to be responsible for the operation, 

maintenance, and replacement of each facility rehabilitated under this section. 

SEC. 10608. OTHER IRRIGATION PROJECTS. 

(a) IN GENERAL.—Not later than 2 years 

after the date of enactment of this Act, the 

Secretary, in consultation with the State of 

New Mexico (acting through the Interstate 

Stream Commission) and the Non-Navajo Irrigation Districts that elect to participate, 

shall— 

(1) conduct a study of Non-Navajo Irrigation District diversion and ditch facilities; 

and 

(2) based on the study, identify and 

prioritize a list of projects, with associated 

cost estimates, that are recommended to be 

implemented to repair, rehabilitate, or reconstruct irrigation diversion and ditch facilities to improve water use efficiency. 

(b) GRANTS.—The Secretary may provide 

grants to, and enter into cooperative agreements with, the Non-Navajo Irrigation Districts to plan, design, or otherwise implement the projects identified under subsection (a)(2). 

(c) COST-SHARING.— 

(1) FEDERAL SHARE.—The Federal share of 

the total cost of carrying out a project under 

subsection (b) shall be not more than 50 percent, and shall be nonreimbursable. 

(2) FORM.—The non-Federal share required 

under paragraph (1) may be in the form of inkind contributions, including the contribution of any valuable asset or service that the 

Secretary determines would substantially 

contribute to a project carried out under 

subsection (b). 

(3) STATE CONTRIBUTION.—The Secretary 

may accept from the State of New Mexico a 

partial or total contribution toward the nonFederal share for a project carried out under 

subsection (b). 

SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS FOR

NAVAJO-GALLUP WATER SUPPLY PROJECT.— 

(1) IN GENERAL.—There is authorized to be 

appropriated to the Secretary to plan, design, and construct the Project $870,000,000 

for the period of fiscal years 2009 through 

2024, to remain available until expended. 

(2) ADJUSTMENTS.—The amount under paragraph (1) shall be adjusted by such amounts 

as may be required by reason of changes 

since 2007 in construction costs, as indicated 

by engineering cost indices applicable to the 

types of construction involved. 

(3) USE.—In addition to the uses authorized 

under paragraph (1), amounts made available 

under that paragraph may be used for the 

conduct of related activities to comply with 

Federal environmental laws. 

(4) OPERATION AND MAINTENANCE.— 

(A) IN GENERAL.—There are authorized to 

be appropriated such sums as are necessary 

to operate and maintain the Project consistent with this subtitle. 

(B) EXPIRATION.—The authorization under 

subparagraph (A) shall expire 10 years after 

the year the Secretary declares the Project 

to be substantially complete. 

(b) APPROPRIATIONS FOR CONJUNCTIVE USE

WELLS.— 

(1) SAN JUAN WELLS.—There is authorized 

to be appropriated to the Secretary for the 

construction or rehabilitation and operation 

and maintenance of conjunctive use wells 

under section 10606(b) $30,000,000, as adjusted 

under paragraph (3), for the period of fiscal 

years 2009 through 2019. 

(2) WELLS IN THE LITTLE COLORADO AND RIO

GRANDE BASINS.—There are authorized to be 

appropriated to the Secretary for the construction or rehabilitation and operation and 

maintenance of conjunctive use wells under 

section 10606(c) such sums as are necessary 

for the period of fiscal years 2009 through 

2024. 

(3) ADJUSTMENTS.—The amount under paragraph (1) shall be adjusted by such amounts 

as may be required by reason of changes 

since 2008 in construction costs, as indicated 

by engineering cost indices applicable to the 

types of construction or rehabilitation involved. 

(4) NONREIMBURSABLE EXPENDITURES.— 

Amounts made available under paragraphs 

(1) and (2) shall be nonreimbursable to the 

United States. 

(5) USE.—In addition to the uses authorized 

under paragraphs (1) and (2), amounts made 

available under that paragraph may be used 

for the conduct of related activities to comply with Federal environmental laws. 

(6) LIMITATION.—Appropriations authorized 

under paragraph (1) shall not be used for operation or maintenance of any conjunctive 

use wells at a time in excess of 3 years after 

the well is declared substantially complete. 

(c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

(1) IN GENERAL.—There are authorized to be 

appropriated to the Secretary— 

(A) to carry out section 10607(a)(1), not 

more than $7,700,000, as adjusted under paragraph (2), for the period of fiscal years 2009 

through 2016, to remain available until expended; and 

(B) to carry out section 10607(a)(2), not 

more than $15,400,000, as adjusted under paragraph (2), for the period of fiscal years 2009 

through 2019, to remain available until expended. 

(2) ADJUSTMENT.—The amounts made available under paragraph (1) shall be adjusted by 

such amounts as may be required by reason 

of changes since January 1, 2004, in construction costs, as indicated by engineering cost 

indices applicable to the types of construction involved in the rehabilitation. 

(3) NONREIMBURSABLE EXPENDITURES.— 

Amounts made available under this subsection shall be nonreimbursable to the 

United States. 

(d) OTHER IRRIGATION PROJECTS.—There are 

authorized to be appropriated to the Secretary to carry out section 10608 $11,000,000 

for the period of fiscal years 2009 through 

2019. 

(e) CULTURAL RESOURCES.— 

(1) IN GENERAL.—The Secretary may use 

not more than 2 percent of amounts made 

available under subsections (a), (b), and (c) 

for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or 

conjunctive use well. 

(2) NONREIMBURSABLE EXPENDITURES.—Any 

amounts made available under paragraph (1) 

shall be nonreimbursable. 

(f) FISH AND WILDLIFE FACILITIES.— 

(1) IN GENERAL.—In association with the 

development of the Project, the Secretary 

may use not more than 4 percent of amounts 

made available under subsections (a), (b), 

and (c) to purchase land and construct and 

maintain facilities to mitigate the loss of, 

and improve conditions for the propagation 

of, fish and wildlife if any such purchase, 

construction, or maintenance will not affect 

the operation of any water project or use of 

water. 

(2) NONREIMBURSABLE EXPENDITURES.—Any 

amounts expended under paragraph (1) shall 

be nonreimbursable. 

PART IV—NAVAJO NATION WATER RIGHTS 

SEC. 10701. AGREEMENT. 

(a) AGREEMENT APPROVAL.— 

(1) APPROVAL BY CONGRESS.—Except to the 

extent that any provision of the Agreement 

conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement 

(including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle). 

(2) EXECUTION BY SECRETARY.—The Secretary shall enter into the Agreement to the 

extent that the Agreement does not conflict 

with this subtitle, including— 

(A) any exhibits to the Agreement requiring the signature of the Secretary; and 

(B) any amendments to the Agreement 

necessary to make the Agreement consistent 

with this subtitle. 

(3) AUTHORITY OF SECRETARY.—The Secretary may carry out any action that the 

Secretary determines is necessary or appropriate to implement the Agreement, the 

Contract, and this section. 

(4) ADMINISTRATION OF NAVAJO RESERVOIR

RELEASES.—The State of New Mexico may 

administer water that has been released 

from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement. 


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(b) WATER AVAILABLE UNDER CONTRACT.— 

(1) QUANTITIES OF WATER AVAILABLE.— 

(A) IN GENERAL.—Water shall be made 

available annually under the Contract for 

projects in the State of New Mexico supplied 

from the Navajo Reservoir and the San Juan 

River (including tributaries of the River) 

under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B). 

(B) WATER QUANTITIES.—The quantities of 

water referred to in subparagraph (A) are as 

follows: 

Diversion 

(acrefeet/year) 

Depletion 

(acrefeet/year) 

Navajo Indian Irrigation Project 508,000 270,000 

Navajo-Gallup Water 

Supply Project 22,650 20,780 

Animas-La Plata 

Project 4,680 2,340 

Total 535,330 293,120 

(C) MAXIMUM QUANTITY.—A diversion of 

water to the Nation under the Contract for a 

project described in subparagraph (B) shall 

not exceed the quantity of water necessary 

to supply the amount of depletion for the 

project. 

(D) TERMS, CONDITIONS, AND LIMITATIONS.— 

The diversion and use of water under the 

Contract shall be subject to and consistent 

with the terms, conditions, and limitations 

of the Agreement, this subtitle, and any 

other applicable law. 

(2) AMENDMENTS TO CONTRACT.—The Secretary, with the consent of the Nation, may 

amend the Contract if the Secretary determines that the amendment is— 

(A) consistent with the Agreement; and 

(B) in the interest of conserving water or 

facilitating beneficial use by the Nation or a 

subcontractor of the Nation. 

(3) RIGHTS OF THE NATION.—The Nation 

may, under the Contract— 

(A) use tail water, wastewater, and return 

flows attributable to a use of the water by 

the Nation or a subcontractor of the Nation 

if— 

(i) the depletion of water does not exceed 

the quantities described in paragraph (1); and 

(ii) the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, 

and any other applicable law; and 

(B) change a point of diversion, change a 

purpose or place of use, and transfer a right 

for depletion under this subtitle (except for a 

point of diversion, purpose or place of use, or 

right for depletion for use in the State of Arizona under section 10603(b)(2)(D)), to another use, purpose, place, or depletion in the 

State of New Mexico to meet a water resource or economic need of the Nation if— 

(i) the change or transfer is subject to and 

consistent with the terms of the Agreement, 

the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, 

and any other applicable law; and 

(ii) a change or transfer of water use by the 

Nation does not alter any obligation of the 

United States, the Nation, or another party 

to pay or repay project construction, operation, maintenance, or replacement costs 

under this subtitle and the Contract. 

(c) SUBCONTRACTS.— 

(1) IN GENERAL.— 

(A) SUBCONTRACTS BETWEEN NATION AND

THIRD PARTIES.—The Nation may enter into 

subcontracts for the delivery of Project 

water under the Contract to third parties for 

any beneficial use in the State of New Mexico (on or off land held by the United States 

in trust for the Nation or a member of the 

Nation or land held in fee by the Nation). 

(B) APPROVAL REQUIRED.—A subcontract 

entered into under subparagraph (A) shall 

not be effective until approved by the Secretary in accordance with this subsection 

and the Contract. 

(C) SUBMITTAL.—The Nation shall submit 

to the Secretary for approval or disapproval 

any subcontract entered into under this subsection. 

(D) DEADLINE.—The Secretary shall approve or disapprove a subcontract submitted 

to the Secretary under subparagraph (C) not 

later than the later of— 

(i) the date that is 180 days after the date 

on which the subcontract is submitted to the 

Secretary; and 

(ii) the date that is 60 days after the date 

on which a subcontractor complies with— 

(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 

4332(2)(C)); and 

(II) any other requirement of Federal law. 

(E) ENFORCEMENT.—A party to a subcontract may enforce the deadline described 

in subparagraph (D) under section 1361 of 

title 28, United States Code. 

(F) COMPLIANCE WITH OTHER LAW.—A subcontract described in subparagraph (A) shall 

comply with the Agreement, the Partial 

Final Decree described in paragraph 3.0 of 

the Agreement, and any other applicable 

law. 

(G) NO LIABILITY.—The Secretary shall not 

be liable to any party, including the Nation, 

for any term of, or any loss or other detriment resulting from, a lease, contract, or 

other agreement entered into pursuant to 

this subsection. 

(2) ALIENATION.— 

(A) PERMANENT ALIENATION.—The Nation 

shall not permanently alienate any right 

granted to the Nation under the Contract. 

(B) MAXIMUM TERM.—The term of any 

water use subcontract (including a renewal) 

under this subsection shall be not more than 

99 years. 

(3) NONINTERCOURSE ACT COMPLIANCE.—This 

subsection— 

(A) provides congressional authorization 

for the subcontracting rights of the Nation; 

and 

(B) is deemed to fulfill any requirement 

that may be imposed by section 2116 of the 

Revised Statutes (25 U.S.C. 177). 

(4) FORFEITURE.—The nonuse of the water 

supply secured by a subcontractor of the Nation under this subsection shall not result in 

forfeiture, abandonment, relinquishment, or 

other loss of any part of a right decreed to 

the Nation under the Contract or this section. 

(5) NO PER CAPITA PAYMENTS.—No part of 

the revenue from a water use subcontract 

under this subsection shall be distributed to 

any member of the Nation on a per capita 

basis. 

(d) WATER LEASES NOT REQUIRING SUBCONTRACTS.— 

(1) AUTHORITY OF NATION.— 

(A) IN GENERAL.—The Nation may lease, 

contract, or otherwise transfer to another 

party or to another purpose or place of use in 

the State of New Mexico (on or off land that 

is held by the United States in trust for the 

Nation or a member of the Nation or held in 

fee by the Nation) a water right that— 

(i) is decreed to the Nation under the 

Agreement; and 

(ii) is not subject to the Contract. 

(B) COMPLIANCE WITH OTHER LAW.—In carrying out an action under this subsection, 

the Nation shall comply with the Agreement, the Partial Final Decree described in 

paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in 

paragraph 4.0 of the Agreement, and any 

other applicable law. 

(2) ALIENATION; MAXIMUM TERM.— 

(A) ALIENATION.—The Nation shall not permanently alienate any right granted to the 

Nation under the Agreement. 

(B) MAXIMUM TERM.—The term of any 

water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. 

(3) NO LIABILITY.—The Secretary shall not 

be liable to any party, including the Nation, 

for any term of, or any loss or other detriment resulting from, a lease, contract, or 

other agreement entered into pursuant to 

this subsection. 

(4) NONINTERCOURSE ACT COMPLIANCE.—This 

subsection— 

(A) provides congressional authorization 

for the lease, contracting, and transfer of 

any water right described in paragraph 

(1)(A); and 

(B) is deemed to fulfill any requirement 

that may be imposed by the provisions of 

section 2116 of the Revised Statutes (25 

U.S.C. 177). 

(5) FORFEITURE.—The nonuse of a water 

right of the Nation by a lessee or contractor 

to the Nation under this subsection shall not 

result in forfeiture, abandonment, relinquishment, or other loss of any part of a 

right decreed to the Nation under the Contract or this section. 

(e) NULLIFICATION.— 

(1) DEADLINES.— 

(A) IN GENERAL.—In carrying out this section, the following deadlines apply with respect to implementation of the Agreement: 

(i) AGREEMENT.—Not later than December 

31, 2010, the Secretary shall execute the 

Agreement. 

(ii) CONTRACT.—Not later than December 

31, 2010, the Secretary and the Nation shall 

execute the Contract. 

(iii) PARTIAL FINAL DECREE.—Not later 

than December 31, 2013, the court in the 

stream adjudication shall have entered the 

Partial Final Decree described in paragraph 

3.0 of the Agreement. 

(iv) FRUITLAND-CAMBRIDGE IRRIGATION

PROJECT.—Not later than December 31, 2016, 

the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) shall be completed. 

(v) SUPPLEMENTAL PARTIAL FINAL DECREE.— 

Not later than December 31, 2016, the court 

in the stream adjudication shall enter the 

Supplemental Partial Final Decree described 

in subparagraph 4.0 of the Agreement. 

(vi) HOGBACK-CUDEI IRRIGATION PROJECT.— 

Not later than December 31, 2019, the rehabilitation construction of the Hogback-Cudei 

Irrigation Project authorized under section 

10607(a)(2) shall be completed. 

(vii) TRUST FUND.—Not later than December 31, 2019, the United States shall make all 

deposits into the Trust Fund under section 

10702. 

(viii) CONJUNCTIVE WELLS.—Not later than 

December 31, 2019, the funds authorized to be 

appropriated under section 10609(b)(1) for the 

conjunctive use wells authorized under section 10606(b) should be appropriated. 

(ix) NAVAJO-GALLUP WATER SUPPLY

PROJECT.—Not later than December 31, 2024, 

the construction of all Project facilities 

shall be completed. 

(B) EXTENSION.—A deadline described in 

subparagraph (A) may be extended if the Nation, the United States (acting through the 

Secretary), and the State of New Mexico 

(acting through the New Mexico Interstate 

Stream Commission) agree that an extension 

is reasonably necessary. 

(2) REVOCABILITY OF AGREEMENT, CONTRACT

AND AUTHORIZATIONS.— 


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(A) PETITION.—If the Nation determines 

that a deadline described in paragraph (1)(A) 

is not substantially met, the Nation may 

submit to the court in the stream adjudication a petition to enter an order terminating 

the Agreement and Contract. 

(B) TERMINATION.—On issuance of an order 

to terminate the Agreement and Contract 

under subparagraph (A)— 

(i) the Trust Fund shall be terminated; 

(ii) the balance of the Trust Fund shall be 

deposited in the general fund of the Treasury; 

(iii) the authorizations for construction 

and rehabilitation of water projects under 

this subtitle shall be revoked and any Federal activity related to that construction 

and rehabilitation shall be suspended; and 

(iv) this part and parts I and III shall be 

null and void. 

(3) CONDITIONS NOT CAUSING NULLIFICATION

OF SETTLEMENT.— 

(A) IN GENERAL.—If a condition described 

in subparagraph (B) occurs, the Agreement 

and Contract shall not be nullified or terminated. 

(B) CONDITIONS.—The conditions referred to 

in subparagraph (A) are as follows: 

(i) A lack of right to divert at the capacities of conjunctive use wells constructed or 

rehabilitated under section 10606. 

(ii) A failure— 

(I) to determine or resolve an accounting 

of the use of water under this subtitle in the 

State of Arizona; 

(II) to obtain a necessary water right for 

the consumptive use of water in Arizona; 

(III) to contract for the delivery of water 

for use in Arizona; or 

(IV) to construct and operate a lateral facility to deliver water to a community of the 

Nation in Arizona, under the Project. 

(f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), nothing in the Agreement, the 

Contract, or this section quantifies or adversely affects the land and water rights, or 

claims or entitlements to water, of any Indian tribe or community other than the 

rights, claims, or entitlements of the Nation 

in, to, and from the San Juan River Basin in 

the State of New Mexico. 

(2) EXCEPTION.—The right of the Nation to 

use water under water rights the Nation has 

in other river basins in the State of New 

Mexico shall be forborne to the extent that 

the Nation supplies the uses for which the 

water rights exist by diversions of water 

from the San Juan River Basin under the 

Project consistent with subparagraph 9.13 of 

the Agreement. 

SEC. 10702. TRUST FUND. 

(a) ESTABLISHMENT.—There is established 

in the Treasury a fund to be known as the 

‘‘Navajo Nation Water Resources Development Trust Fund’’, consisting of— 

(1) such amounts as are appropriated to the 

Trust Fund under subsection (f); and 

(2) any interest earned on investment of 

amounts in the Trust Fund under subsection 

(d). 

(b) USE OF FUNDS.—The Nation may use 

amounts in the Trust Fund— 

(1) to investigate, construct, operate, 

maintain, or replace water project facilities, 

including facilities conveyed to the Nation 

under this subtitle and facilities owned by 

the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and 

(2) to investigate, implement, or improve a 

water conservation measure (including a metering or monitoring activity) necessary for 

the Nation to make use of a water right of 

the Nation under the Agreement. 

(c) MANAGEMENT.—The Secretary shall 

manage the Trust Fund, invest amounts in 

the Trust Fund pursuant to subsection (d), 

and make amounts available from the Trust 

Fund for distribution to the Nation in accordance with the American Indian Trust 

Fund Management Reform Act of 1994 (25 

U.S.C. 4001 et seq.). 

(d) INVESTMENT OF THE TRUST FUND.—Beginning on October 1, 2019, the Secretary 

shall invest amounts in the Trust Fund in 

accordance with— 

(1) the Act of April 1, 1880 (25 U.S.C. 161); 

(2) the first section of the Act of June 24, 

1938 (25 U.S.C. 162a); and 

(3) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 

seq.). 

(e) CONDITIONS FOR EXPENDITURES AND

WITHDRAWALS.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—Subject to paragraph (7), 

on approval by the Secretary of a tribal 

management plan in accordance with the 

American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the 

Nation may withdraw all or a portion of the 

amounts in the Trust Fund. 

(B) REQUIREMENTS.—In addition to any requirements under the American Indian Trust 

Fund Management Reform Act of 1994 (25 

U.S.C. 4001 et seq.), the tribal management 

plan shall require that the Nation only use 

amounts in the Trust Fund for the purposes 

described in subsection (b), including the 

identification of water conservation measures to be implemented in association with 

the agricultural water use of the Nation. 

(2) ENFORCEMENT.—The Secretary may 

take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Trust Fund are used in accordance with this subtitle. 

(3) NO LIABILITY.—Neither the Secretary 

nor the Secretary of the Treasury shall be 

liable for the expenditure or investment of 

any amounts withdrawn from the Trust 

Fund by the Nation. 

(4) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Nation shall submit 

to the Secretary for approval an expenditure 

plan for any portion of the amounts in the 

Trust Fund made available under this section that the Nation does not withdraw 

under this subsection. 

(B) DESCRIPTION.—The expenditure plan 

shall describe the manner in which, and the 

purposes for which, funds of the Nation remaining in the Trust Fund will be used. 

(C) APPROVAL.—On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. 

(5) ANNUAL REPORT.—The Nation shall submit to the Secretary an annual report that 

describes any expenditures from the Trust 

Fund during the year covered by the report. 

(6) LIMITATION.—No portion of the amounts 

in the Trust Fund shall be distributed to any 

Nation member on a per capita basis. 

(7) CONDITIONS.—Any amount authorized to 

be appropriated to the Trust Fund under subsection (f) shall not be available for expenditure or withdrawal— 

(A) before December 31, 2019; and 

(B) until the date on which the court in the 

stream adjudication has entered— 

(i) the Partial Final Decree; and 

(ii) the Supplemental Partial Final Decree. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated for 

deposit in the Trust Fund— 

(1) $6,000,000 for each of fiscal years 2010 

through 2014; and 

(2) $4,000,000 for each of fiscal years 2015 

through 2019. 

SEC. 10703. WAIVERS AND RELEASES. 

(a) CLAIMS BY THE NATION AND THE UNITED

STATES.—In return for recognition of the Nation’s water rights and other benefits, including but not limited to the commitments 

by other parties, as set forth in the Agreement and this subtitle, the Nation, on behalf 

of itself and members of the Nation (other 

than members in the capacity of the members as allottees), and the United States acting in its capacity as trustee for the Nation, 

shall execute a waiver and release of— 

(1) all claims for water rights in, or for waters of, the San Juan River Basin in the 

State of New Mexico that the Nation, or the 

United States as trustee for the Nation, asserted, or could have asserted, in any proceeding, including but not limited to the 

stream adjudication, up to and including the 

effective date described in subsection (e), except to the extent that such rights are recognized in the Agreement or this subtitle; 

(2) all claims for damages, losses, or injuries to water rights or claims of interference 

with, diversion, or taking of water (including 

but not limited to claims for injury to lands 

resulting from such damages, losses, injuries, interference with, diversion, or taking) 

in the San Juan River Basin in the State of 

New Mexico that accrued at any time up to 

and including the effective date described in 

subsection (e); 

(3) all claims of any damage, loss, or injury 

or for injunctive or other relief because of 

the condition of or changes in water quality 

related to, or arising out of, the exercise of 

water rights; and 

(4) all claims against the State of New 

Mexico, its agencies, or employees relating 

to the negotiation or the adoption of the 

Agreement. 

(b) CLAIMS BY THE NATION AGAINST THE

UNITED STATES.—The Nation, on behalf of 

itself and its members (other than in the capacity of the members as allottees), shall 

execute a waiver and release of— 

(1) all claims against the United States, its 

agencies, or employees relating to claims for 

water rights in or waters of the San Juan 

River Basin in the State of New Mexico that 

the United States, acting in its capacity as 

trustee for the Nation, asserted, or could 

have asserted, in any proceeding, including 

but not limited to the stream adjudication; 

(2) all claims against the United States, its 

agencies, or employees relating to damages, 

losses, or injuries to water, water rights, 

land, or natural resources due to loss of 

water or water rights (including but not limited to damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due 

to loss of water or water rights; claims relating to inference with, diversion, or taking of 

water or water rights; or claims relating to 

failure to protect, acquire, replace, or develop water or water rights) in the San Juan 

River Basin in the State of New Mexico that 

first accrued at any time up to and including 

the effective date described in subsection (e); 

(3) all claims against the United States, its 

agencies, or employees relating to the pending litigation of claims relating to the Nation’s water rights in the stream adjudication; and 

(4) all claims against the United States, its 

agencies, or employees relating to the negotiation, execution, or the adoption of the 

Agreement, the decrees, the Contract, or this 

subtitle. 

(c) RESERVATION OF CLAIMS.—Notwithstanding the waivers and releases authorized 

in this subtitle, the Nation on behalf of itself 

and its members (including members in the 

capacity of the members as allottees) and 

the United States acting in its capacity as 

trustee for the Nation and allottees, retain— 


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(1) all claims for water rights or injuries to 

water rights arising out of activities occurring outside the San Juan River Basin in the 

State of New Mexico, subject to paragraphs 

8.0, 9.3, 9.12, 9.13, and 13.9 of the Agreement; 

(2) all claims for enforcement of the Agreement, the Contract, the Partial Final Decree, the Supplemental Partial Final Decree, 

or this subtitle, through any legal and equitable remedies available in any court of competent jurisdiction; 

(3) all rights to use and protect water 

rights acquired pursuant to State law after 

the date of enactment of this Act; 

(4) all claims relating to activities affecting the quality of water not related to the 

exercise of water rights, including but not 

limited to any claims the Nation might have 

under— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9601 et seq.); 

(B) the Safe Drinking Water Act (42 U.S.C. 

300f et seq.); and 

(C) the Federal Water Pollution Control 

Act (33 U.S.C. 1251 et seq.); 

(5) all claims relating to damages, losses, 

or injuries to land or natural resources not 

due to loss of water or water rights; and 

(6) all rights, remedies, privileges, immunities, and powers not specifically waived and 

released under the terms of the Agreement 

or this subtitle. 

(d) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of 

limitation and time-based equitable defense 

relating to a claim described in this section 

shall be tolled for the period beginning on 

the date of enactment of this Act and ending 

on the earlier of— 

(A) March 1, 2025; or 

(B) the effective date described in subsection (e). 

(2) EFFECT OF SUBSECTION.—Nothing in this 

subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. 

(3) LIMITATION.—Nothing in this section 

precludes the tolling of any period of limitations or any time-based equitable defense 

under any other applicable law. 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—The waivers and releases 

described in subsections (a) and (b) shall be 

effective on the date on which the Secretary 

publishes in the Federal Register a statement of findings documenting that each of 

the deadlines described in section 10701(e)(1) 

have been met. 

(2) DEADLINE.—If the deadlines described in 

section 10701(e)(1)(A) have not been met by 

the later of March 1, 2025, or the date of any 

extension under section 10701(e)(1)(B)— 

(A) the waivers and releases described in 

subsections (a) and (b) shall be of no effect; 

and 

(B) section 10701(e)(2)(B) shall apply. 

SEC. 10704. WATER RIGHTS HELD IN TRUST. 

A tribal water right adjudicated and described in paragraph 3.0 of the Partial Final 

Decree and in paragraph 3.0 of the Supplemental Partial Final Decree shall be held in 

trust by the United States on behalf of the 

Nation. 

Subtitle C—Shoshone-Paiute Tribes of the 

Duck Valley Reservation Water Rights Settlement 

SEC. 10801. FINDINGS. 

Congress finds that— 

(1) it is the policy of the United States, in 

accordance with the trust responsibility of 

the United States to Indian tribes, to promote Indian self-determination and economic self-sufficiency and to settle Indian 

water rights claims without lengthy and 

costly litigation, if practicable; 

(2) quantifying rights to water and development of facilities needed to use tribal 

water supplies is essential to the development of viable Indian reservation economies 

and the establishment of a permanent reservation homeland; 

(3) uncertainty concerning the extent of 

the Shoshone-Paiute Tribes’ water rights has 

resulted in limited access to water and inadequate financial resources necessary to 

achieve self-determination and self-sufficiency; 

(4) in 2006, the Tribes, the State of Idaho, 

the affected individual water users, and the 

United States resolved all tribal claims to 

water rights in the Snake River Basin Adjudication through a consent decree entered by 

the District Court of the Fifth Judicial District of the State of Idaho, requiring no further Federal action to quantify the Tribes’ 

water rights in the State of Idaho; 

(5) as of the date of enactment of this Act, 

proceedings to determine the extent and nature of the water rights of the Tribes in the 

East Fork of the Owyhee River in Nevada are 

pending before the Nevada State Engineer; 

(6) final resolution of the Tribes’ water 

claims in the East Fork of the Owyhee River 

adjudication will— 

(A) take many years; 

(B) entail great expense; 

(C) continue to limit the access of the 

Tribes to water, with economic and social 

consequences; 

(D) prolong uncertainty relating to the 

availability of water supplies; and 

(E) seriously impair long-term economic 

planning and development for all parties to 

the litigation; 

(7) after many years of negotiation, the 

Tribes, the State, and the upstream water 

users have entered into a settlement agreement to resolve permanently all water rights 

of the Tribes in the State; and 

(8) the Tribes also seek to resolve certain 

water-related claims for damages against the 

United States. 

SEC. 10802. PURPOSES. 

The purposes of this subtitle are— 

(1) to resolve outstanding issues with respect to the East Fork of the Owyhee River 

in the State in such a manner as to provide 

important benefits to— 

(A) the United States; 

(B) the State; 

(C) the Tribes; and 

(D) the upstream water users; 

(2) to achieve a fair, equitable, and final 

settlement of all claims of the Tribes, members of the Tribes, and the United States on 

behalf of the Tribes and members of Tribes 

to the waters of the East Fork of the Owyhee 

River in the State; 

(3) to ratify and provide for the enforcement of the Agreement among the parties to 

the litigation; 

(4) to resolve the Tribes’ water-related 

claims for damages against the United 

States; 

(5) to require the Secretary to perform all 

obligations of the Secretary under the 

Agreement and this subtitle; and 

(6) to authorize the actions and appropriations necessary to meet the obligations of 

the United States under the Agreement and 

this subtitle. 

SEC. 10803. DEFINITIONS. 

In this subtitle: 

(1) AGREEMENT.—The term ‘‘Agreement’’ 

means the agreement entitled the ‘‘Agreement to Establish the Relative Water Rights 

of the Shoshone-Paiute Tribes of the Duck 

Valley Reservation and the Upstream Water 

Users, East Fork Owyhee River’’ and signed 

in counterpart between, on, or about September 22, 2006, and January 15, 2007 (including all attachments to that Agreement). 

(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ means the Shoshone-Paiute 

Tribes Water Rights Development Fund established by section 10807(b)(1). 

(3) EAST FORK OF THE OWYHEE RIVER.—The 

term ‘‘East Fork of the Owyhee River’’ 

means the portion of the east fork of the 

Owyhee River that is located in the State. 

(4) MAINTENANCE FUND.—The term ‘‘Maintenance Fund’’ means the Shoshone-Paiute 

Tribes Operation and Maintenance Fund established by section 10807(c)(1). 

(5) RESERVATION.—The term ‘‘Reservation’’ 

means the Duck Valley Reservation established by the Executive order dated April 16, 

1877, as adjusted pursuant to the Executive 

order dated May 4, 1886, and Executive order 

numbered 1222 and dated July 1, 1910, for use 

and occupation by the Western Shoshones 

and the Paddy Cap Band of Paiutes. 

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

means the Secretary of the Interior. 

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

State of Nevada. 

(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ means rights of the Tribes 

described in the Agreement relating to 

water, including groundwater, storage water, 

and surface water. 

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

Shoshone-Paiute Tribes of the Duck Valley 

Reservation. 

(10) UPSTREAM WATER USER.—The term 

‘‘upstream water user’’ means a non-Federal 

water user that— 

(A) is located upstream from the Reservation on the East Fork of the Owyhee River; 

and 

(B) is a signatory to the Agreement as a 

party to the East Fork of the Owyhee River 

adjudication. 

SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT; AUTHORIZATION. 

(a) IN GENERAL.—Except as provided in 

subsection (c) and except to the extent that 

the Agreement otherwise conflicts with provisions of this subtitle, the Agreement is approved, ratified, and confirmed. 

(b) SECRETARIAL AUTHORIZATION.—The Secretary is authorized and directed to execute 

the Agreement as approved by Congress. 

(c) EXCEPTION FOR TRIBAL WATER MARKETING.—Notwithstanding any language in 

the Agreement to the contrary, nothing in 

this subtitle authorizes the Tribes to use or 

authorize others to use tribal water rights 

off the Reservation, other than use for storage at Wild Horse Reservoir for use on tribal 

land and for the allocation of 265 acre feet to 

upstream water users under the Agreement, 

or use on tribal land off the Reservation. 

(d) ENVIRONMENTAL COMPLIANCE.—Execution of the Agreement by the Secretary 

under this section shall not constitute major 

Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). 

The Secretary shall carry out all environmental compliance required by Federal law 

in implementing the Agreement. 

(e) PERFORMANCE OF OBLIGATIONS.—The 

Secretary and any other head of a Federal 

agency obligated under the Agreement shall 

perform actions necessary to carry out an 

obligation under the Agreement in accordance with this subtitle. 

SEC. 10805. TRIBAL WATER RIGHTS. 

(a) IN GENERAL.—Tribal water rights shall 

be held in trust by the United States for the 

benefit of the Tribes. 

(b) ADMINISTRATION.— 

(1) ENACTMENT OF WATER CODE.—Not later 

than 3 years after the date of enactment of 

this Act, the Tribes, in accordance with provisions of the Tribes’ constitution and subject to the approval of the Secretary, shall 

enact a water code to administer tribal 

water rights. 


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(2) INTERIM ADMINISTRATION.—The Secretary shall regulate the tribal water rights 

during the period beginning on the date of 

enactment of this Act and ending on the date 

on which the Tribes enact a water code 

under paragraph (1). 

(c) TRIBAL WATER RIGHTS NOT SUBJECT TO

LOSS.—The tribal water rights shall not be 

subject to loss by abandonment, forfeiture, 

or nonuse. 

SEC. 10806. DUCK VALLEY INDIAN IRRIGATION 

PROJECT. 

(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION PROJECT.—Nothing in this subtitle 

shall affect the status of the Duck Valley Indian Irrigation Project under Federal law. 

(b) CAPITAL COSTS NONREIMBURSABLE.—The 

capital costs associated with the Duck Valley Indian Irrigation Project as of the date of 

enactment of this Act, including any capital 

cost incurred with funds distributed under 

this subtitle for the Duck Valley Indian Irrigation Project, shall be nonreimbursable. 

SEC. 10807. DEVELOPMENT AND MAINTENANCE 

FUNDS. 

(a) DEFINITION OF FUNDS.—In this section, 

the term ‘‘Funds’’ means— 

(1) the Development Fund; and 

(2) the Maintenance Fund. 

(b) DEVELOPMENT FUND.— 

(1) ESTABLISHMENT.—There is established 

in the Treasury of the United States a fund 

to be known as the ‘‘Shoshone-Paiute Tribes 

Water Rights Development Fund’’. 

(2) USE OF FUNDS.— 

(A) PRIORITY USE OF FUNDS FOR REHABILITATION.—The Tribes shall use amounts in the 

Development Fund to— 

(i) rehabilitate the Duck Valley Indian Irrigation Project; or 

(ii) for other purposes under subparagraph 

(B), provided that the Tribes have given 

written notification to the Secretary that— 

(I) the Duck Valley Indian Irrigation 

Project has been rehabilitated to an acceptable condition; or 

(II) sufficient funds will remain available 

from the Development Fund to rehabilitate 

the Duck Valley Indian Irrigation Project to 

an acceptable condition after expending 

funds for other purposes under subparagraph 

(B). 

(B) OTHER USES OF FUNDS.—Once the Tribes 

have provided written notification as provided in subparagraph (A)(ii)(I) or (A)(ii)(II), 

the Tribes may use amounts from the Development Fund for any of the following purposes: 

(i) To expand the Duck Valley Indian Irrigation Project. 

(ii) To pay or reimburse costs incurred by 

the Tribes in acquiring land and water 

rights. 

(iii) For purposes of cultural preservation. 

(iv) To restore or improve fish or wildlife 

habitat. 

(v) For fish or wildlife production, water 

resource development, or agricultural development. 

(vi) For water resource planning and development. 

(vii) To pay the costs of— 

(I) designing and constructing water supply and sewer systems for tribal communities, including a water quality testing laboratory; 

(II) other appropriate water-related 

projects and other related economic development projects; 

(III) the development of a water code; and 

(IV) other costs of implementing the 

Agreement. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary for deposit in the Development 

Fund $9,000,000 for each of fiscal years 2010 

through 2014. 

(c) MAINTENANCE FUND.— 

(1) ESTABLISHMENT.—There is established 

in the Treasury of the United States a fund 

to be known as the ‘‘Shoshone-Paiute Tribes 

Operation and Maintenance Fund’’. 

(2) USE OF FUNDS.—The Tribes shall use 

amounts in the Maintenance Fund to pay or 

provide reimbursement for— 

(A) operation, maintenance, and replacement costs of the Duck Valley Indian Irrigation Project and other water-related projects 

funded under this subtitle; or 

(B) operation, maintenance, and replacement costs of water supply and sewer systems for tribal communities, including the 

operation and maintenance costs of a water 

quality testing laboratory. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary for deposit in the Maintenance 

Fund $3,000,000 for each of fiscal years 2010 

through 2014. 

(d) AVAILABILITY OF AMOUNTS FROM

FUNDS.—Amounts made available under subsections (b)(3) and (c)(3) shall be available for 

expenditure or withdrawal only after the effective date described in section 10808(d). 

(e) ADMINISTRATION OF FUNDS.—Upon completion of the actions described in section 

10808(d), the Secretary, in accordance with 

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 

seq.) shall manage the Funds, including by 

investing amounts from the Funds in accordance with the Act of April 1, 1880 (25 U.S.C. 

161), and the first section of the Act of June 

24, 1938 (25 U.S.C. 162a). 

(f) EXPENDITURES AND WITHDRAWAL.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Tribes may withdraw 

all or part of amounts in the Funds on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 

1994 (25 U.S.C. 4001 et seq.). 

(B) REQUIREMENTS.—In addition to the requirements under the American Indian Trust 

Fund Management Reform Act of 1994 (25 

U.S.C. 4001 et seq.), the tribal management 

plan shall require that the Tribes spend any 

amounts withdrawn from the Funds in accordance with the purposes described in subsection (b)(2) or (c)(2). 

(C) ENFORCEMENT.—The Secretary may 

take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are 

used in accordance with this subtitle and the 

Agreement. 

(D) LIABILITY.—If the Tribes exercise the 

right to withdraw amounts from the Funds, 

neither the Secretary nor the Secretary of 

the Treasury shall retain any liability for 

the expenditure or investment of the 

amounts. 

(2) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Tribes shall submit 

to the Secretary for approval an expenditure 

plan for any portion of the amounts in the 

Funds that the Tribes do not withdraw under 

the tribal management plan. 

(B) DESCRIPTION.—The expenditure plan 

shall describe the manner in which, and the 

purposes for which, amounts of the Tribes remaining in the Funds will be used. 

(C) APPROVAL.—On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle and 

the Agreement. 

(D) ANNUAL REPORT.—For each Fund, the 

Tribes shall submit to the Secretary an annual report that describes all expenditures 

from the Fund during the year covered by 

the report. 

(3) FUNDING AGREEMENT.—Notwithstanding 

any other provision of this subtitle, on receipt of a request from the Tribes, the Secretary shall include an amount from funds 

made available under this section in the 

funding agreement of the Tribes under title 

IV of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 458aa et 

seq.), for use in accordance with subsections 

(b)(2) and (c)(2). No amount made available 

under this subtitle may be requested until 

the waivers under section 10808(a) take effect. 

(g) NO PER CAPITA PAYMENTS.—No amount 

from the Funds (including any interest income that would have accrued to the Funds 

after the effective date) shall be distributed 

to a member of the Tribes on a per capita 

basis. 

SEC. 10808. TRIBAL WAIVER AND RELEASE OF 

CLAIMS. 

(a) WAIVER AND RELEASE OF CLAIMS BY

TRIBES AND UNITED STATES ACTING AS TRUSTEE FOR TRIBES.—In return for recognition of 

the Tribes’ water rights and other benefits as 

set forth in the Agreement and this subtitle, 

the Tribes, on behalf of themselves and their 

members, and the United States acting in its 

capacity as trustee for the Tribes are authorized to execute a waiver and release of— 

(1) all claims for water rights in the State 

of Nevada that the Tribes, or the United 

States acting in its capacity as trustee for 

the Tribes, asserted, or could have asserted, 

in any proceeding, including pending proceedings before the Nevada State Engineer 

to determine the extent and nature of the 

water rights of the Tribes in the East Fork 

of the Owyhee River in Nevada, up to and including the effective date, except to the extent that such rights are recognized in the 

Agreement or this subtitle; and 

(2) all claims for damages, losses or injuries to water rights or claims of interference 

with, diversion or taking of water rights (including claims for injury to lands resulting 

from such damages, losses, injuries, interference with, diversion, or taking of water 

rights) within the State of Nevada that accrued at any time up to and including the effective date. 

(b) WAIVER AND RELEASE OF CLAIMS BY

TRIBES AGAINST UNITED STATES.—The Tribes, 

on behalf of themselves and their members, 

are authorized to execute a waiver and release of— 

(1) all claims against the United States, its 

agencies, or employees, relating in any manner to claims for water rights in or water of 

the States of Nevada and Idaho that the 

United States acting in its capacity as trustee for the Tribes asserted, or could have asserted, in any proceeding, including pending 

proceedings before the Nevada State Engineer to determine the extent and nature of 

the water rights of the Tribes in the East 

Fork of the Owyhee River in Nevada, and the 

Snake River Basin Adjudication in Idaho; 

(2) all claims against the United States, its 

agencies, or employees relating in any manner to damages, losses, or injuries to water, 

water rights, land, or other resources due to 

loss of water or water rights (including damages, losses or injuries to fishing and other 

similar rights due to loss of water or water 

rights; claims relating to interference with, 

diversion or taking of water; or claims relating to failure to protect, acquire, replace, or 

develop water, water rights or water infrastructure) within the States of Nevada and 

Idaho that first accrued at any time up to 

and including the effective date; 

(3) all claims against the United States, its 

agencies, or employees relating to the operation, maintenance, or rehabilitation of the 

Duck Valley Indian Irrigation Project that 

first accrued at any time up to and including 

the date upon which the Tribes notify the 


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Secretary as provided in section 

10807(b)(2)(A)(ii)(I) that the rehabilitation of 

the Duck Valley Indian Irrigation Project 

under this subtitle to an acceptable level has 

been accomplished; 

(4) all claims against the United States, its 

agencies, or employees relating in any manner to the litigation of claims relating to the 

Tribes’ water rights in pending proceedings 

before the Nevada State Engineer to determine the extent and nature of the water 

rights of the Tribes in the East Fork of the 

Owyhee River in Nevada or the Snake River 

Basin Adjudication in Idaho; and 

(5) all claims against the United States, its 

agencies, or employees relating in any manner to the negotiation, execution, or adoption of the Agreement, exhibits thereto, the 

decree referred to in subsection (d)(2), or this 

subtitle. 

(c) RESERVATION OF RIGHTS AND RETENTION

OF CLAIMS.—Notwithstanding the waivers 

and releases authorized in this subtitle, the 

Tribes on their own behalf and the United 

States acting in its capacity as trustee for 

the Tribes retain— 

(1) all claims for enforcement of the Agreement, the decree referred to in subsection 

(d)(2), or this subtitle, through such legal 

and equitable remedies as may be available 

in the decree court or the appropriate Federal court; 

(2) all rights to acquire a water right in a 

State to the same extent as any other entity 

in the State, in accordance with State law, 

and to use and protect water rights acquired 

after the date of enactment of this Act; 

(3) all claims relating to activities affecting the quality of water including any claims 

the Tribes might have under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

et seq.) (including claims for damages to natural resources), the Safe Drinking Water Act 

(42 U.S.C. 300f et seq.), the Federal Water 

Pollution Control Act (33 U.S.C. 1251 et seq.), 

and the regulations implementing those 

Acts; and 

(4) all rights, remedies, privileges, immunities, and powers not specifically waived and 

released pursuant to this subtitle. 

(d) EFFECTIVE DATE.—Notwithstanding 

anything in the Agreement to the contrary, 

the waivers by the Tribes, or the United 

States on behalf of the Tribes, under this 

section shall take effect on the date on 

which the Secretary publishes in the Federal 

Register a statement of findings that includes a finding that— 

(1) the Agreement and the waivers and releases authorized and set forth in subsections (a) and (b) have been executed by 

the parties and the Secretary; 

(2) the Fourth Judicial District Court, 

Elko County, Nevada, has issued a judgment 

and decree consistent with the Agreement 

from which no further appeal can be taken; 

and 

(3) the amounts authorized under subsections (b)(3) and (c)(3) of section 10807 have 

been appropriated. 

(e) FAILURE TO PUBLISH STATEMENT OF

FINDINGS.—If the Secretary does not publish 

a statement of findings under subsection (d) 

by March 31, 2016— 

(1) the Agreement and this subtitle shall 

not take effect; and 

(2) any funds that have been appropriated 

under this subtitle shall immediately revert 

to the general fund of the United States 

Treasury. 

(f) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of 

limitation and time-based equitable defense 

relating to a claim described in this section 

shall be tolled for the period beginning on 

the date of enactment of this Act and ending 

on the date on which the amounts authorized 

to be appropriated under subsections (b)(3) 

and (c)(3) of section 10807 are appropriated. 

(2) EFFECT OF SUBPARAGRAPH.—Nothing in 

this subparagraph revives any claim or tolls 

any period of limitation or time-based equitable defense that expired before the date of 

enactment of this Act. 

SEC. 10809. MISCELLANEOUS. 

(a) GENERAL DISCLAIMER.—The parties to 

the Agreement expressly reserve all rights 

not specifically granted, recognized, or relinquished by— 

(1) the settlement described in the Agreement; or 

(2) this subtitle. 

(b) LIMITATION OF CLAIMS AND RIGHTS.— 

Nothing in this subtitle— 

(1) establishes a standard for quantifying— 

(A) a Federal reserved water right; 

(B) an aboriginal claim; or 

(C) any other water right claim of an Indian tribe in a judicial or administrative 

proceeding; 

(2) affects the ability of the United States, 

acting in its sovereign capacity, to take actions authorized by law, including any laws 

relating to health, safety, or the environment, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the 

Safe Drinking Water Act (42 U.S.C. 300f et 

seq.), the Federal Water Pollution Control 

Act (33 U.S.C. 1251 et seq.), the Solid Waste 

Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ‘‘Resource Conservation 

and Recovery Act of 1976’’), and the regulations implementing those Acts; 

(3) affects the ability of the United States 

to take actions, acting in its capacity as 

trustee for any other Tribe, Pueblo, or allottee; 

(4) waives any claim of a member of the 

Tribes in an individual capacity that does 

not derive from a right of the Tribes; or 

(5) limits the right of a party to the Agreement to litigate any issue not resolved by 

the Agreement or this subtitle. 

(c) ADMISSION AGAINST INTEREST.—Nothing 

in this subtitle constitutes an admission 

against interest by a party in any legal proceeding. 

(d) RESERVATION.—The Reservation shall 

be— 

(1) considered to be the property of the 

Tribes; and 

(2) permanently held in trust by the United 

States for the sole use and benefit of the 

Tribes. 

(e) JURISDICTION.— 

(1) SUBJECT MATTER JURISDICTION.—Nothing 

in the Agreement or this subtitle restricts, 

enlarges, or otherwise determines the subject matter jurisdiction of any Federal, 

State, or tribal court. 

(2) CIVIL OR REGULATORY JURISDICTION.— 

Nothing in the Agreement or this subtitle 

impairs or impedes the exercise of any civil 

or regulatory authority of the United States, 

the State, or the Tribes. 

(3) CONSENT TO JURISDICTION.—The United 

States consents to jurisdiction in a proper 

forum for purposes of enforcing the provisions of the Agreement. 

(4) EFFECT OF SUBSECTION.—Nothing in this 

subsection confers jurisdiction on any State 

court to— 

(A) interpret Federal law regarding the 

health, safety, or the environment or determine the duties of the United States or other 

parties pursuant to such Federal law; or 

(B) conduct judicial review of a Federal 

agency action. 

TITLE XI—UNITED STATES GEOLOGICAL 

SURVEY AUTHORIZATIONS 

SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT OF 

1992. 

(a) FINDINGS.—Section 2(a) of the National 

Geologic Mapping Act of 1992 (43 U.S.C. 

31a(a)) is amended— 

(1) by striking paragraph (1) and inserting 

the following: 

‘‘(1) although significant progress has been 

made in the production of geologic maps 

since the establishment of the national cooperative geologic mapping program in 1992, no 

modern, digital, geologic map exists for approximately 75 percent of the United 

States;’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (C), by inserting 

‘‘homeland and’’ after ‘‘planning for’’; 

(B) in subparagraph (E), by striking ‘‘predicting’’ and inserting ‘‘identifying’’; 

(C) in subparagraph (I), by striking ‘‘and’’ 

after the semicolon at the end; 

(D) by redesignating subparagraph (J) as 

subparagraph (K); and 

(E) by inserting after subparagraph (I) the 

following: 

‘‘(J) recreation and public awareness; and’’; 

and 

(3) in paragraph (9), by striking ‘‘important’’ and inserting ‘‘available’’. 

(b) PURPOSE.—Section 2(b) of the National 

Geologic Mapping Act of 1992 (43 U.S.C. 

31a(b)) is amended by inserting ‘‘and management’’ before the period at the end. 

(c) DEADLINES FOR ACTIONS BY THE UNITED

STATES GEOLOGICAL SURVEY.—Section 4(b)(1) 

of the National Geologic Mapping Act of 1992 

(43 U.S.C. 31c(b)(1)) is amended in the second 

sentence— 

(1) in subparagraph (A), by striking ‘‘not 

later than’’ and all that follows through the 

semicolon and inserting ‘‘not later than 1 

year after the date of enactment of the Omnibus Public Land Management Act of 2009;’’; 

(2) in subparagraph (B), by striking ‘‘not 

later than’’ and all that follows through ‘‘in 

accordance’’ and inserting ‘‘not later than 1 

year after the date of enactment of the Omnibus Public Land Management Act of 2009 

in accordance’’; and 

(3) in the matter preceding clause (i) of 

subparagraph (C), by striking ‘‘not later 

than’’ and all that follows through ‘‘submit’’ 

and inserting ‘‘submit biennially’’. 

(d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.—Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) 

is amended— 

(1) by striking ‘‘geophysical-map data base, 

geochemical-map data base, and a’’; and 

(2) by striking ‘‘provide’’ and inserting 

‘‘provides’’. 

(e) GEOLOGIC MAPPING PROGRAM COMPONENTS.—Section 4(d)(1)(B)(ii) of the National 

Geologic Mapping Act of 1992 (43 U.S.C. 

31c(d)(1)(B)(ii)) is amended— 

(1) in subclause (I), by striking ‘‘and’’ after 

the semicolon at the end; 

(2) in subclause (II), by striking the period 

at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(III) the needs of land management agencies of the Department of the Interior.’’. 

(f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 

(1) MEMBERSHIP.—Section 5(a) of the National Geologic Mapping Act of 1992 (43 

U.S.C. 31d(a)) is amended— 

(A) in paragraph (2)— 

(i) by inserting ‘‘the Secretary of the Interior or a designee from a land management 

agency of the Department of the Interior,’’ 

after ‘‘Administrator of the Environmental 

Protection Agency or a designee,’’; 

(ii) by inserting ‘‘and’’ after ‘‘Energy or a 

designee,’’; and 


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(iii) by striking ‘‘, and the Assistant to the 

President for Science and Technology or a 

designee’’; and 

(B) in paragraph (3)— 

(i) by striking ‘‘Not later than’’ and all 

that follows through ‘‘consultation’’ and inserting ‘‘In consultation’’; 

(ii) by striking ‘‘Chief Geologist, as Chairman’’ and inserting ‘‘Associate Director for 

Geology, as Chair’’; and 

(iii) by striking ‘‘one representative from 

the private sector’’ and inserting ‘‘2 representatives from the private sector’’. 

(2) DUTIES.—Section 5(b) of the National 

Geologic Mapping Act of 1992 (43 U.S.C. 

31d(b)) is amended— 

(A) in paragraph (2), by striking ‘‘and’’ at 

the end; 

(B) by redesignating paragraph (3) as paragraph (4); and 

(C) by inserting after paragraph (2) the following: 

‘‘(3) provide a scientific overview of geologic maps (including maps of geologic-based 

hazards) used or disseminated by Federal 

agencies for regulation or land-use planning; 

and’’. 

(3) CONFORMING AMENDMENT.—Section 

5(a)(1) of the National Geologic Mapping Act 

of 1992 (43 U.S.C. 31d(a)(1)) is amended by 

striking ‘‘10-member’’ and inserting ‘‘11- 

member’’. 

(g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP

DATABASE.—Section 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is 

amended— 

(1) in paragraph (1), by striking ‘‘geologic 

map’’ and inserting ‘‘geologic-map’’; and 

(2) in paragraph (2), by striking subparagraph (A) and inserting the following: 

‘‘(A) all maps developed with funding provided by the National Cooperative Geologic 

Mapping Program, including under the Federal, State, and education components;’’. 

(h) BIENNIAL REPORT.—Section 8 of the National Geologic Mapping Act of 1992 (43 

U.S.C. 31g) is amended by striking ‘‘Not 

later’’ and all that follows through ‘‘biennially’’ and inserting ‘‘Not later than 3 years 

after the date of enactment of the Omnibus 

Public Land Management Act of 2009 and biennially’’. 

(i) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.—Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is 

amended— 

(1) by striking subsection (a) and inserting 

the following: 

‘‘(a) IN GENERAL.—There is authorized to 

be appropriated to carry out this Act 

$64,000,000 for each of fiscal years 2009 

through 2018.’’; and 

(2) in subsection (b)— 

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

by striking ‘‘2000’’ and inserting ‘‘2005’’; 

(B) in paragraph (1), by striking ‘‘48’’ and 

inserting ‘‘50’’; and 

(C) in paragraph (2), by striking 2 and inserting ‘‘4’’. 

SEC. 11002. NEW MEXICO WATER RESOURCES 

STUDY. 

(a) IN GENERAL.—The Secretary of the Interior, acting through the Director of the 

United States Geological Survey (referred to 

in this section as the ‘‘Secretary’’), in coordination with the State of New Mexico (referred to in this section as the ‘‘State’’) and 

any other entities that the Secretary determines to be appropriate (including other 

Federal agencies and institutions of higher 

education), shall, in accordance with this 

section and any other applicable law, conduct a study of water resources in the State, 

including— 

(1) a survey of groundwater resources, including an analysis of— 

(A) aquifers in the State, including the 

quantity of water in the aquifers; 

(B) the availability of groundwater resources for human use; 

(C) the salinity of groundwater resources; 

(D) the potential of the groundwater resources to recharge; 

(E) the interaction between groundwater 

and surface water; 

(F) the susceptibility of the aquifers to 

contamination; and 

(G) any other relevant criteria; and 

(2) a characterization of surface and bedrock geology, including the effect of the geology on groundwater yield and quality. 

(b) STUDY AREAS.—The study carried out 

under subsection (a) shall include the 

Estancia Basin, Salt Basin, Tularosa Basin, 

Hueco Basin, and middle Rio Grande Basin in 

the State. 

(c) REPORT.—Not later than 2 years after 

the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Resources of the 

House of Representatives a report that describes the results of the study. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

TITLE XII—OCEANS 

Subtitle A—Ocean Exploration 

PART I—EXPLORATION 

SEC. 12001. PURPOSE. 

The purpose of this part is to establish the 

national ocean exploration program and the 

national undersea research program within 

the National Oceanic and Atmospheric Administration. 

SEC. 12002. PROGRAM ESTABLISHED. 

The Administrator of the National Oceanic 

and Atmospheric Administration shall, in 

consultation with the National Science 

Foundation and other appropriate Federal 

agencies, establish a coordinated national 

ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other 

Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information 

management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and 

development and transfer of technologies to 

facilitate ocean and undersea research and 

exploration. 

SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR. 

(a) IN GENERAL.—In carrying out the program authorized by section 12002, the Administrator of the National Oceanic and Atmospheric Administration shall— 

(1) conduct interdisciplinary voyages or 

other scientific activities in conjunction 

with other Federal agencies or academic or 

educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; 

(2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal 

vent communities and seamounts; 

(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration 

activities that combine archaeology and 

oceanographic sciences; 

(4) develop and implement, in consultation 

with the National Science Foundation, a 

transparent, competitive process for meritbased peer-review and approval of proposals 

for activities to be conducted under this program, taking into consideration advice of 

the Board established under section 12005; 

(5) enhance the technical capability of the 

United States marine science community by 

promoting the development of improved 

oceanographic research, communication, 

navigation, and data collection systems, as 

well as underwater platforms and sensor and 

autonomous vehicles; and 

(6) establish an ocean exploration forum to 

encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and 

technical expertise and relevance of the national program. 

(b) DONATIONS.—The Administrator may 

accept donations of property, data, and 

equipment to be applied for the purpose of 

exploring the oceans or increasing knowledge of the oceans. 

SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND 

INFRASTRUCTURE TASK FORCE. 

(a) IN GENERAL.—The Administrator of the 

National Oceanic and Atmospheric Administration, in coordination with the National 

Science Foundation, the National Aeronautics and Space Administration, the 

United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, 

non-governmental, academic, industry, and 

other experts, shall convene an ocean exploration and undersea research technology and 

infrastructure task force to develop and implement a strategy— 

(1) to facilitate transfer of new exploration 

and undersea research technology to the programs authorized under this part and part II 

of this subtitle; 

(2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; 

(3) to develop an integrated, workable, and 

comprehensive data management information processing system that will make information on unique and significant features 

obtained by such programs available for research and management purposes; 

(4) to conduct public outreach activities 

that improve the public understanding of 

ocean science, resources, and processes, in 

conjunction with relevant programs of the 

National Oceanic and Atmospheric Administration, the National Science Foundation, 

and other agencies; and 

(5) to encourage cost-sharing partnerships 

with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and 

technical expertise to the programs. 

(b) BUDGET COORDINATION.—The task force 

shall coordinate the development of agency 

budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). 

SEC. 12005. OCEAN EXPLORATION ADVISORY 

BOARD. 

(a) ESTABLISHMENT.—The Administrator of 

the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts 

in relevant fields— 

(1) to advise the Administrator on priority 

areas for survey and discovery; 

(2) to assist the program in the development of a 5-year strategic plan for the fields 

of ocean, marine, and Great Lakes science, 

exploration, and discovery; 

(3) to annually review the quality and effectiveness of the proposal review process established under section 12003(a)(4); and 

(4) to provide other assistance and advice 

as requested by the Administrator. 

(b) FEDERAL ADVISORY COMMITTEE ACT.— 

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 

the Board appointed under subsection (a). 


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(c) APPLICATION WITH OUTER CONTINENTAL

SHELF LANDS ACT.—Nothing in part supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

seq.). 

SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to 

the National Oceanic and Atmospheric Administration to carry out this part— 

(1) $33,550,000 for fiscal year 2009; 

(2) $36,905,000 for fiscal year 2010; 

(3) $40,596,000 for fiscal year 2011; 

(4) $44,655,000 for fiscal year 2012; 

(5) $49,121,000 for fiscal year 2013; 

(6) $54,033,000 for fiscal year 2014; and 

(7) $59,436,000 for fiscal year 2015. 

PART II—NOAA UNDERSEA RESEARCH 

PROGRAM ACT OF 2009 

SEC. 12101. SHORT TITLE. 

This part may be cited as the ‘‘NOAA Undersea Research Program Act of 2009’’. 

SEC. 12102. PROGRAM ESTABLISHED. 

(a) IN GENERAL.—The Administrator of the 

National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate 

a Director of that program. 

(b) PURPOSE.—The purpose of the program 

is to increase scientific knowledge essential 

for the informed management, use, and preservation of oceanic, marine, and coastal 

areas and the Great Lakes. 

SEC. 12103. POWERS OF PROGRAM DIRECTOR. 

The Director of the program, in carrying 

out the program, shall— 

(1) cooperate with institutions of higher 

education and other educational marine and 

ocean science organizations, and shall make 

available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by 

these organizations; 

(2) enter into partnerships, as appropriate 

and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; and 

(3) coordinate the development of agency 

budgets and identify the items in their annual budget that support the activities described in paragraphs (1) and (2). 

SEC. 12104. ADMINISTRATIVE STRUCTURE. 

(a) IN GENERAL.—The program shall be conducted through a national headquarters, a 

network of extramural regional undersea research centers that represent all relevant 

National Oceanic and Atmospheric Administration regions, and the National Institute 

for Undersea Science and Technology. 

(b) DIRECTION.—The Director shall develop 

the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. The Director shall publish a draft 

program direction document not later than 1 

year after the date of enactment of this Act 

in the Federal Register for a public comment 

period of not less than 120 days. The Director 

shall publish a final program direction, including responses to the comments received 

during the public comment period, in the 

Federal Register within 90 days after the 

close of the comment period. The program 

director shall update the program direction, 

with opportunity for public comment, at 

least every 5 years. 

SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY PROGRAMS. 

(a) IN GENERAL.—The following research, 

exploration, education, and technology programs shall be conducted through the network of regional centers and the National Institute for Undersea Science and Technology: 

(1) Core research and exploration based on 

national and regional undersea research priorities. 

(2) Advanced undersea technology development to support the National Oceanic and 

Atmospheric Administration’s research mission and programs. 

(3) Undersea science-based education and 

outreach programs to enrich ocean science 

education and public awareness of the oceans 

and Great Lakes. 

(4) Development, testing, and transition of 

advanced undersea technology associated 

with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. 

(5) Discovery, study, and development of 

natural resources and products from ocean, 

coastal, and aquatic systems. 

(b) OPERATIONS.—The Director of the program, through operation of the extramural 

regional centers and the National Institute 

for Undersea Science and Technology, shall 

leverage partnerships and cooperative research with academia and private industry. 

SEC. 12106. COMPETITIVENESS. 

(a) DISCRETIONARY FUND.—The Program 

shall allocate no more than 10 percent of its 

annual budget to a discretionary fund that 

may be used only for program administration and priority undersea research projects 

identified by the Director but not covered by 

funding available from centers. 

(b) COMPETITIVE SELECTION.—The Administrator shall conduct an initial competition 

to select the regional centers that will participate in the program 90 days after the 

publication of the final program direction 

under section 12104 and every 5 years thereafter. Funding for projects conducted 

through the regional centers shall be awarded through a competitive, merit-reviewed 

process on the basis of their relevance to the 

goals of the program and their technical feasibility. 

SEC. 12107. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to 

the National Oceanic and Atmospheric Administration— 

(1) for fiscal year 2009— 

(A) $13,750,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $5,500,000 for the National Technology 

Institute; 

(2) for fiscal year 2010— 

(A) $15,125,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $6,050,000 for the National Technology 

Institute; 

(3) for fiscal year 2011— 

(A) $16,638,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $6,655,000 for the National Technology 

Institute; 

(4) for fiscal year 2012— 

(A) $18,301,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $7,321,000 for the National Technology 

Institute; 

(5) for fiscal year 2013— 

(A) $20,131,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $8,053,000 for the National Technology 

Institute; 

(6) for fiscal year 2014— 

(A) $22,145,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $8,859,000 for the National Technology 

Institute; and 

(7) for fiscal year 2015— 

(A) $24,359,000 for the regional centers, of 

which 50 percent shall be for West Coast regional centers and 50 percent shall be for 

East Coast regional centers; and 

(B) $9,744,000 for the National Technology 

Institute. 

Subtitle B—Ocean and Coastal Mapping 

Integration Act 

SEC. 12201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Ocean 

and Coastal Mapping Integration Act’’. 

SEC. 12202. ESTABLISHMENT OF PROGRAM. 

(a) IN GENERAL.—The President, in coordination with the Interagency Committee on 

Ocean and Coastal Mapping and affected 

coastal states, shall establish a program to 

develop a coordinated and comprehensive 

Federal ocean and coastal mapping plan for 

the Great Lakes and coastal state waters, 

the territorial sea, the exclusive economic 

zone, and the continental shelf of the United 

States that enhances ecosystem approaches 

in decision-making for conservation and 

management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and 

other platforms, and advances ocean and 

coastal science. 

(b) MEMBERSHIP.—The Committee shall be 

comprised of high-level representatives of 

the Department of Commerce, through the 

National Oceanic and Atmospheric Administration, the Department of the Interior, the 

National Science Foundation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland 

Security, the National Aeronautics and 

Space Administration, and other appropriate 

Federal agencies involved in ocean and 

coastal mapping. 

(c) PROGRAM PARAMETERS.—In developing 

such a program, the President, through the 

Committee, shall— 

(1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting 

geographic coverage, frequency, spatial coverage, resolution, and subject matter focus 

of the data and location of data archives; 

(2) facilitate cost-effective, cooperative 

mapping efforts that incorporate policies for 

contracting with non-governmental entities 

among all Federal agencies conducting ocean 

and coastal mapping, by increasing data 

sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data 

collection systems, data processing, 

archiving, and distribution of data products; 

(3) facilitate the adaptation of existing 

technologies as well as foster expertise in 

new ocean and coastal mapping technologies, 

including through research, development, 

and training conducted among Federal agencies and in cooperation with non-governmental entities; 

(4) develop standards and protocols for 

testing innovative experimental mapping 

technologies and transferring new technologies between the Federal Government, 

coastal state, and non-governmental entities; 

(5) provide for the archiving, management, 

and distribution of data sets through a national registry as well as provide mapping 

products and services to the general public 

in service of statutory requirements; 


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(6) develop data standards and protocols 

consistent with standards developed by the 

Federal Geographic Data Committee for use 

by Federal, coastal state, and other entities 

in mapping and otherwise documenting locations of federally permitted activities, living 

and nonliving coastal and marine resources, 

marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, 

offshore aquaculture projects, offshore energy projects, and any areas designated for 

purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources; 

(7) identify the procedures to be used for 

coordinating the collection and integration 

of Federal ocean and coastal mapping data 

with coastal state and local government programs; 

(8) facilitate, to the extent practicable, the 

collection of real-time tide data and the development of hydrodynamic models for 

coastal areas to allow for the application of 

V-datum tools that will facilitate the seamless integration of onshore and offshore maps 

and charts; 

(9) establish a plan for the acquisition and 

collection of ocean and coastal mapping 

data; and 

(10) set forth a timetable for completion 

and implementation of the plan. 

SEC. 12203. INTERAGENCY COMMITTEE ON 

OCEAN AND COASTAL MAPPING. 

(a) IN GENERAL.—The Administrator of the 

National Oceanic and Atmospheric Administration, within 30 days after the date of enactment of this Act, shall convene or utilize 

an existing interagency committee on ocean 

and coastal mapping to implement section 

12202. 

(b) MEMBERSHIP.—The committee shall be 

comprised of senior representatives from 

Federal agencies with ocean and coastal 

mapping and surveying responsibilities. The 

representatives shall be high-ranking officials of their respective agencies or departments and, whenever possible, the head of 

the portion of the agency or department that 

is most relevant to the purposes of this subtitle. Membership shall include senior representatives from the National Oceanic and 

Atmospheric Administration, the Chief of 

Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the 

National Geospatial-Intelligence Agency, the 

United States Army Corps of Engineers, the 

Coast Guard, the Environmental Protection 

Agency, the Federal Emergency Management Agency, the National Aeronautics and 

Space Administration, and other appropriate 

Federal agencies involved in ocean and 

coastal mapping. 

(c) CO-CHAIRMEN.—The Committee shall be 

co-chaired by the representative of the Department of Commerce and a representative 

of the Department of the Interior. 

(d) SUBCOMMITTEE.—The co-chairmen shall 

establish a subcommittee to carry out the 

day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. Working 

groups may be formed by the full Committee 

to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the 

Committee may create such additional subcommittees and working groups as may be 

needed to carry out the work of Committee. 

(e) MEETINGS.—The committee shall meet 

on a quarterly basis, but each subcommittee 

and each working group shall meet on an asneeded basis. 

(f) COORDINATION.—The committee shall coordinate activities when appropriate, with— 

(1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee; 

(2) international mapping activities; 

(3) coastal states; 

(4) user groups through workshops and 

other appropriate mechanisms; and 

(5) representatives of nongovernmental entities. 

(g) ADVISORY PANEL.—The Administrator 

may convene an ocean and coastal mapping 

advisory panel consisting of representatives 

from non-governmental entities to provide 

input regarding activities of the committee 

in consultation with the interagency committee. 

SEC. 12204. BIENNIAL REPORTS. 

No later than 18 months after the date of 

enactment of this Act, and biennially thereafter, the co-chairmen of the Committee 

shall transmit to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of 

the House of Representatives a report detailing progress made in implementing this subtitle, including— 

(1) an inventory of ocean and coastal mapping data within the territorial sea and the 

exclusive economic zone and throughout the 

Continental Shelf of the United States, noting the age and source of the survey and the 

spatial resolution (metadata) of the data; 

(2) identification of priority areas in need 

of survey coverage using present technologies; 

(3) a resource plan that identifies when priority areas in need of modern ocean and 

coastal mapping surveys can be accomplished; 

(4) the status of efforts to produce integrated digital maps of ocean and coastal 

areas; 

(5) a description of any products resulting 

from coordinated mapping efforts under this 

subtitle that improve public understanding 

of the coasts and oceans, or regulatory decisionmaking; 

(6) documentation of minimum and desired 

standards for data acquisition and integrated 

metadata; 

(7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, 

and exchange data; 

(8) a statement of resource requirements 

for organizations to meet the goals of the 

program, including technology needs for 

data acquisition, processing, and distribution systems; 

(9) a statement of the status of efforts to 

declassify data gathered by the Navy, the 

National Geospatial-Intelligence Agency, 

and other agencies to the extent possible 

without jeopardizing national security, and 

make it available to partner agencies and 

the public; 

(10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will— 

(A) cover the area from the authorized 

coastal counties through the territorial sea; 

(B) identify how such a pilot project will 

leverage public and private mapping data 

and resources, such as the United States Geological Survey National Map, to result in 

an operational coastal change assessment 

program for the subregion; 

(11) the status of efforts to coordinate Federal programs with coastal state and local 

government programs and leverage those 

programs; 

(12) a description of efforts of Federal 

agencies to increase contracting with nongovernmental entities; and 

(13) an inventory and description of any 

new Federal or federally funded programs 

conducting shoreline delineation and ocean 

or coastal mapping since the previous reporting cycle. 

SEC. 12205. PLAN. 

(a) IN GENERAL.—Not later than 6 months 

after the date of enactment of this Act, the 

Administrator, in consultation with the 

Committee, shall develop and submit to the 

Congress a plan for an integrated ocean and 

coastal mapping initiative within the National Oceanic and Atmospheric Administration. 

(b) PLAN REQUIREMENTS.—The plan shall— 

(1) identify and describe all ocean and 

coastal mapping programs within the agency, including those that conduct mapping or 

related activities in the course of existing 

missions, such as hydrographic surveys, 

ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, 

and ocean and coastal observations and 

science projects; 

(2) establish priority mapping programs 

and establish and periodically update priorities for geographic areas in surveying and 

mapping across all missions of the National 

Oceanic and Atmospheric Administration, as 

well as minimum data acquisition and 

metadata standards for those programs; 

(3) encourage the development of innovative ocean and coastal mapping technologies 

and applications, through research and development through cooperative or other 

agreements with joint or cooperative research institutes or centers and with other 

non-governmental entities; 

(4) document available and developing 

technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, 

coastal states, and non-governmental entities; 

(5) identify training, technology, and other 

resource requirements for enabling the National Oceanic and Atmospheric Administration’s programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; 

(6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the 

National Oceanic and Atmospheric Administration that meets Federal mandates for 

data accuracy and accessibility and designate a repository that is responsible for 

archiving and managing the distribution of 

all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal state programs; and 

(7) set forth a timetable for implementation and completion of the plan, including a 

schedule for submission to the Congress of 

periodic progress reports and recommendations for integrating approaches developed 

under the initiative into the interagency 

program. 

(c) NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS.—The Administrator may 

maintain and operate up to 3 joint ocean and 

coastal mapping centers, including a joint 

hydrographic center, which shall each be colocated with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the 

purposes of this subtitle, including— 

(1) research and development of innovative 

ocean and coastal mapping technologies, 

equipment, and data products; 

(2) mapping of the United States Outer 

Continental Shelf and other regions; 

(3) data processing for nontraditional data 

and uses; 

(4) advancing the use of remote sensing 

technologies, for related issues, including 

mapping and assessment of essential fish 

habitat and of coral resources, ocean observations, and ocean exploration; and 


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(5) providing graduate education and training in ocean and coastal mapping sciences 

for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with 

ocean and coastal mapping programs, and civilian personnel. 

(d) NOAA REPORT.—The Administrator 

shall continue developing a strategy for expanding contracting with non-governmental 

entities to minimize duplication and take 

maximum advantage of nongovernmental capabilities in fulfilling the Administration’s 

mapping and charting responsibilities. Within 120 days after the date of enactment of 

this Act, the Administrator shall transmit a 

report describing the strategy developed 

under this subsection to the Committee on 

Commerce, Science, and Transportation of 

the Senate and the Committee on Natural 

Resources of the House of Representatives. 

SEC. 12206. EFFECT ON OTHER LAWS. 

Nothing in this subtitle shall be construed 

to supersede or alter the existing authorities 

of any Federal agency with respect to ocean 

and coastal mapping. 

SEC. 12207. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to the 

amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 

(33 U.S.C. 892d), there are authorized to be 

appropriated to the Administrator to carry 

out this subtitle— 

(1) $26,000,000 for fiscal year 2009; 

(2) $32,000,000 for fiscal year 2010; 

(3) $38,000,000 for fiscal year 2011; and 

(4) $45,000,000 for each of fiscal years 2012 

through 2015. 

(b) JOINT OCEAN AND COASTAL MAPPING

CENTERS.—Of the amounts appropriated pursuant to subsection (a), the following 

amounts shall be used to carry out section 

12205(c) of this subtitle: 

(1) $11,000,000 for fiscal year 2009. 

(2) $12,000,000 for fiscal year 2010. 

(3) $13,000,000 for fiscal year 2011. 

(4) $15,000,000 for each of fiscal years 2012 

through 2015. 

(c) COOPERATIVE AGREEMENTS.—To carry 

out interagency activities under section 

12203 of this subtitle, the head of any department or agency may execute a cooperative 

agreement with the Administrator, including 

those authorized by section 5 of the Act of 

August 6, 1947 (33 U.S.C. 883e). 

SEC. 12208. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’’ means the Administrator of the National Oceanic and Atmospheric Administration. 

(2) COASTAL STATE.—The term ‘‘coastal 

state’’ has the meaning given that term by 

section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4). 

(3) COMMITTEE.—The term ‘‘Committee’’ 

means the Interagency Ocean and Coastal 

Mapping Committee established by section 

12203. 

(4) EXCLUSIVE ECONOMIC ZONE.—The term 

‘‘exclusive economic zone’’ means the exclusive economic zone of the United States established by Presidential Proclamation No. 

5030, of March 10, 1983. 

(5) OCEAN AND COASTAL MAPPING.—The term 

‘‘ocean and coastal mapping’’ means the acquisition, processing, and management of 

physical, biological, geological, chemical, 

and archaeological characteristics and 

boundaries of ocean and coastal areas, resources, and sea beds through the use of 

acoustics, satellites, aerial photogrammetry, 

light and imaging, direct sampling, and 

other mapping technologies. 

(6) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means the belt of sea measured 

from the baseline of the United States determined in accordance with international law, 

as set forth in Presidential Proclamation 

Number 5928, dated December 27, 1988. 

(7) NONGOVERNMENTAL ENTITIES.—The term 

‘‘nongovernmental entities’’ includes nongovernmental organizations, members of the 

academic community, and private sector organizations that provide products and services associated with measuring, locating, and 

preparing maps, charts, surveys, aerial photographs, satellite imagines, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth. 

(8) OUTER CONTINENTAL SHELF.—The term 

‘‘Outer Continental Shelf’’ means all submerged lands lying seaward and outside of 

lands beneath navigable waters (as that term 

is defined in section 2 of the Submerged 

Lands Act (43 U.S.C. 1301)), and of which the 

subsoil and seabed appertain to the United 

States and are subject to its jurisdiction and 

control. 

Subtitle C—Integrated Coastal and Ocean 

Observation System Act of 2009 

SEC. 12301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Integrated Coastal and Ocean Observation System Act of 2009’’. 

SEC. 12302. PURPOSES. 

The purposes of this subtitle are to— 

(1) establish a national integrated System 

of ocean, coastal, and Great Lakes observing 

systems, comprised of Federal and non-Federal components coordinated at the national 

level by the National Ocean Research Leadership Council and at the regional level by a 

network of regional information coordination entities, and that includes in situ, remote, and other coastal and ocean observation, technologies, and data management 

and communication systems, and is designed 

to address regional and national needs for 

ocean information, to gather specific data on 

key coastal, ocean, and Great Lakes variables, and to ensure timely and sustained 

dissemination and availability of these data 

to— 

(A) support national defense, marine commerce, navigation safety, weather, climate, 

and marine forecasting, energy siting and 

production, economic development, ecosystem-based marine, coastal, and Great 

Lakes resource management, public safety, 

and public outreach training and education; 

(B) promote greater public awareness and 

stewardship of the Nation’s ocean, coastal, 

and Great Lakes resources and the general 

public welfare; and 

(C) enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding 

of healthy ocean, coastal, and Great Lakes 

resources; 

(2) improve the Nation’s capability to 

measure, track, explain, and predict events 

related directly and indirectly to weather 

and climate change, natural climate variability, and interactions between the oceanic 

and atmospheric environments, including 

the Great Lakes; and 

(3) authorize activities to promote basic 

and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, modeling systems, and other scientific and technological capabilities to improve our conceptual understanding of weather and climate, 

ocean-atmosphere dynamics, global climate 

change, physical, chemical, and biological 

dynamics of the ocean, coastal and Great 

Lakes environments, and to conserve 

healthy and restore degraded coastal ecosystems. 

SEC. 12303. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Under Secretary of Commerce for Oceans and Atmosphere in the 

Under Secretary’s capacity as Administrator 

of the National Oceanic and Atmospheric Administration. 

(2) COUNCIL.—The term ‘‘Council’’ means 

the National Ocean Research Leadership 

Council established by section 7902 of title 

10, United States Code. 

(3) FEDERAL ASSETS.—The term ‘‘Federal 

assets’’ means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, 

data management, basic and applied technology research and development, and public 

education and outreach programs, that are 

managed by member agencies of the Council. 

(4) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The term ‘‘Interagency Ocean Observation Committee’’ means the committee 

established under section 12304(c)(2). 

(5) NON-FEDERAL ASSETS.—The term ‘‘nonFederal assets’’ means all relevant coastal 

and ocean observation technologies, related 

basic and applied technology research and 

development, and public education and outreach programs that are integrated into the 

System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private 

sector. 

(6) REGIONAL INFORMATION COORDINATION

ENTITIES.— 

(A) IN GENERAL.—The term ‘‘regional information coordination entity’’ means an organizational body that is certified or established by contract or memorandum by the 

lead Federal agency designated in section 

12304(c)(3) of this subtitle and coordinates 

State, Federal, local, and private interests at 

a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional 

coastal and ocean observing systems in order 

to ensure the provision of data and information that meet the needs of user groups from 

the respective regions. 

(B) CERTAIN INCLUDED ASSOCIATIONS.—The 

term ‘‘regional information coordination entity’’ includes regional associations described in the System Plan. 

(7) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of Commerce, acting 

through the National Oceanic and Atmospheric Administration. 

(8) SYSTEM.—The term ‘‘System’’ means 

the National Integrated Coastal and Ocean 

Observation System established under section 12304. 

(9) SYSTEM PLAN.—The term ‘‘System 

Plan’’ means the plan contained in the document entitled ‘‘Ocean. US Publication No. 9, 

The First Integrated Ocean Observing System (IOOS) Development Plan’’, as updated 

by the Council under this subtitle. 

SEC. 12304. INTEGRATED COASTAL AND OCEAN 

OBSERVING SYSTEM. 

(a) ESTABLISHMENT.—The President, acting 

through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set 

forth in section 12302 of this subtitle and the 

System Plan and to fulfill the Nation’s international obligations to contribute to the 

Global Earth Observation System of Systems 

and the Global Ocean Observing System. 

(b) SYSTEM ELEMENTS.— 

(1) IN GENERAL.—In order to fulfill the purposes of this subtitle, the System shall be 

national in scope and consist of— 

(A) Federal assets to fulfill national and 

international observation missions and priorities; 

(B) non-Federal assets, including a network of regional information coordination 

entities identified under subsection (c)(4), to 


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fulfill regional observation missions and priorities; 

(C) data management, communication, and 

modeling systems for the timely integration 

and dissemination of data and information 

products from the System; 

(D) a research and development program 

conducted under the guidance of the Council, 

consisting of— 

(i) basic and applied research and technology development to improve understanding of coastal and ocean systems and 

their relationships to human activities and 

to ensure improvement of operational assets 

and products, including related infrastructure, observing technologies, and information and data processing and management 

technologies; and 

(ii) large scale computing resources and research to advance modeling of coastal and 

ocean processes. 

(2) ENHANCING ADMINISTRATION AND MANAGEMENT.—The head of each Federal agency 

that has administrative jurisdiction over a 

Federal asset shall support the purposes of 

this subtitle and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation 

data, products, and services developed under 

this section to further its own agency mission and responsibilities. 

(3) AVAILABILITY OF DATA.—The head of 

each Federal agency that has administrative 

jurisdiction over a Federal asset shall make 

available data that are produced by that 

asset and that are not otherwise restricted 

for integration, management, and dissemination by the System. 

(4) NON-FEDERAL ASSETS.—Non-Federal assets shall be coordinated, as appropriate, by 

the Interagency Ocean Observing Committee 

or by regional information coordination entities. 

(c) POLICY OVERSIGHT, ADMINISTRATION, 

AND REGIONAL COORDINATION.— 

(1) COUNCIL FUNCTIONS.—The Council shall 

serve as the policy and coordination oversight body for all aspects of the System. In 

carrying out its responsibilities under this 

subtitle, the Council shall— 

(A) approve and adopt comprehensive System budgets developed and maintained by 

the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets; 

(B) ensure coordination of the System with 

other domestic and international earth observing activities including the Global Ocean 

Observing System and the Global Earth Observing System of Systems, and provide, as 

appropriate, support for and representation 

on United States delegations to international meetings on coastal and ocean observing programs; and 

(C) encourage coordinated intramural and 

extramural research and technology development, and a process to transition developing 

technology and methods into operations of 

the System. 

(2) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The Council shall establish or designate an Interagency Ocean Observation 

Committee which shall— 

(A) prepare annual and long-term plans for 

consideration and approval by the Council 

for the integrated design, operation, maintenance, enhancement and expansion of the 

System to meet the objectives of this subtitle and the System Plan; 

(B) develop and transmit to Congress at 

the time of submission of the President’s annual budget request an annual coordinated, 

comprehensive budget to operate all elements of the System identified in subsection 

(b), and to ensure continuity of data streams 

from Federal and non-Federal assets; 

(C) establish required observation data 

variables to be gathered by both Federal and 

non-Federal assets and identify, in consultation with regional information coordination 

entities, priorities for System observations; 

(D) establish protocols and standards for 

System data processing, management, and 

communication; 

(E) develop contract certification standards and compliance procedures for all nonFederal assets, including regional information coordination entities, to establish eligibility for integration into the System and to 

ensure compliance with all applicable standards and protocols established by the Council, and ensure that regional observations 

are integrated into the System on a sustained basis; 

(F) identify gaps in observation coverage 

or needs for capital improvements of both 

Federal assets and non-Federal assets; 

(G) subject to the availability of appropriations, establish through one or more participating Federal agencies, in consultation 

with the System advisory committee established under subsection (d), a competitive 

matching grant or other programs— 

(i) to promote intramural and extramural 

research and development of new, innovative, and emerging observation technologies 

including testing and field trials; and 

(ii) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment; 

(H) periodically review and recommend to 

the Council, in consultation with the Administrator, revisions to the System Plan; 

(I) ensure collaboration among Federal 

agencies participating in the activities of 

the Committee; and 

(J) perform such additional duties as the 

Council may delegate. 

(3) LEAD FEDERAL AGENCY.—The National 

Oceanic and Atmospheric Administration 

shall function as the lead Federal agency for 

the implementation and administration of 

the System, in consultation with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional 

information coordination entities, and 

shall— 

(A) establish an Integrated Ocean Observing Program Office within the National Oceanic and Atmospheric Administration utilizing to the extent necessary, personnel 

from member agencies participating on the 

Interagency Ocean Observation Committee, 

to oversee daily operations and coordination 

of the System; 

(B) implement policies, protocols, and 

standards approved by the Council and delegated by the Interagency Ocean Observing 

Committee; 

(C) promulgate program guidelines to certify and integrate non-Federal assets, including regional information coordination entities, into the System to provide regional 

coastal and ocean observation data that 

meet the needs of user groups from the respective regions; 

(D) have the authority to enter into and 

oversee contracts, leases, grants or cooperative agreements with non-Federal assets, including regional information coordination 

entities, to support the purposes of this subtitle on such terms as the Administrator 

deems appropriate; 

(E) implement a merit-based, competitive 

funding process to support non-Federal assets, including the development and maintenance of a network of regional information 

coordination entities, and develop and implement a process for the periodic review and 

evaluation of all non-Federal assets, including regional information coordination entities; 

(F) provide opportunities for competitive 

contracts and grants for demonstration 

projects to design, develop, integrate, deploy, and support components of the System; 

(G) establish efficient and effective administrative procedures for allocation of funds 

among contractors, grantees, and non-Federal assets, including regional information 

coordination entities in a timely manner, 

and contingent on appropriations according 

to the budget adopted by the Council; 

(H) develop and implement a process for 

the periodic review and evaluation of regional information coordination entities; 

(I) formulate an annual process by which 

gaps in observation coverage or needs for 

capital improvements of Federal assets and 

non-Federal assets of the System are identified by the regional information coordination entities, the Administrator, or other 

members of the System and transmitted to 

the Interagency Ocean Observing Committee; 

(J) develop and be responsible for a data 

management and communication system, in 

accordance with standards and protocols established by the Council, by which all data 

collected by the System regarding ocean and 

coastal waters of the United States including 

the Great Lakes, are processed, stored, integrated, and made available to all end-user 

communities; 

(K) implement a program of public education and outreach to improve public 

awareness of global climate change and effects on the ocean, coastal, and Great Lakes 

environment; 

(L) report annually to the Interagency 

Ocean Observing Committee on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans developed pursuant 

to subsection (c)(2)(A)(i); and 

(M) develop a plan to efficiently integrate 

into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and 

which will fulfill the purposes of this subtitle 

and the System Plan. 

(4) REGIONAL INFORMATION COORDINATION

ENTITIES.— 

(A) IN GENERAL.—To be certified or established under this subtitle, a regional information coordination entity shall be certified 

or established by contract or agreement by 

the Administrator, and shall agree to meet 

the certification standards and compliance 

procedure guidelines issued by the Administrator and information needs of user groups 

in the region while adhering to national 

standards and shall— 

(i) demonstrate an organizational structure capable of gathering required System 

observation data, supporting and integrating 

all aspects of coastal and ocean observing 

and information programs within a region 

and that reflects the needs of State and local 

governments, commercial interests, and 

other users and beneficiaries of the System 

and other requirements specified under this 

subtitle and the System Plan; 

(ii) identify gaps in observation coverage 

needs for capital improvements of Federal 

assets and non-Federal assets of the System, 

or other recommendations to assist in the 

development of the annual and long-term 

plans created pursuant to subsection 

(c)(2)(A)(i) and transmit such information to 

the Interagency Ocean Observing Committee 

via the Program Office; 

(iii) develop and operate under a strategic 

operational plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the 

Council; 


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(iv) work cooperatively with governmental 

and non-governmental entities at all levels 

to identify and provide information products 

of the System for multiple users within the 

service area of the regional information coordination entities; and 

(v) comply with all financial oversight requirements established by the Administrator, including requirements relating to 

audits. 

(B) PARTICIPATION.—For the purposes of 

this subtitle, employees of Federal agencies 

may participate in the functions of the regional information coordination entities. 

(d) SYSTEM ADVISORY COMMITTEE.— 

(1) IN GENERAL.—The Administrator shall 

establish or designate a System advisory 

committee, which shall provide advice as 

may be requested by the Administrator or 

the Interagency Ocean Observing Committee. 

(2) PURPOSE.—The purpose of the System 

advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on— 

(A) administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management and communication aspects of the System, and fulfillment of the purposes set forth in section 

12302; 

(B) expansion and periodic modernization 

and upgrade of technology components of the 

System; 

(C) identification of end-user communities, 

their needs for information provided by the 

System, and the System’s effectiveness in 

disseminating information to end-user communities and the general public; and 

(D) any other purpose identified by the Administrator or the Interagency Ocean Observing Committee. 

(3) MEMBERS.— 

(A) IN GENERAL.—The System advisory 

committee shall be composed of members appointed by the Administrator. Members shall 

be qualified by education, training, and experience to evaluate scientific and technical 

information related to the design, operation, 

maintenance, or use of the System, or use of 

data products provided through the System. 

(B) TERMS OF SERVICE.—Members shall be 

appointed for 3-year terms, renewable once. 

A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may 

subsequently be appointed for 2 full 3-year 

terms if the remainder of the unexpired term 

is less than 1 year. 

(C) CHAIRPERSON.—The Administrator shall 

designate a chairperson from among the 

members of the System advisory committee. 

(D) APPOINTMENT.—Members of the System 

advisory committee shall be appointed as 

special Government employees for purposes 

of section 202(a) of title 18, United States 

Code. 

(4) ADMINISTRATIVE PROVISIONS.— 

(A) REPORTING.—The System advisory 

committee shall report to the Administrator 

and the Interagency Ocean Observing Committee, as appropriate. 

(B) ADMINISTRATIVE SUPPORT.—The Administrator shall provide administrative support 

to the System advisory committee. 

(C) MEETINGS.—The System advisory committee shall meet at least once each year, 

and at other times at the call of the Administrator, the Interagency Ocean Observing 

Committee, or the chairperson. 

(D) COMPENSATION AND EXPENSES.—Members of the System advisory committee shall 

not be compensated for service on that Committee, but may be allowed travel expenses, 

including per diem in lieu of subsistence, in 

accordance with subchapter I of chapter 57 of 

title 5, United States Code. 

(E) EXPIRATION.—Section 14 of the Federal 

Advisory Committee Act (5 U.S.C. App.) 

shall not apply to the System advisory committee. 

(e) CIVIL LIABILITY.—For purposes of determining liability arising from the dissemination and use of observation data gathered 

pursuant to this section, any non-Federal 

asset or regional information coordination 

entity incorporated into the System by contract, lease, grant, or cooperative agreement 

under subsection (c)(3)(D) that is participating in the System shall be considered to 

be part of the National Oceanic and Atmospheric Administration. Any employee of 

such a non-Federal asset or regional information coordination entity, while operating 

within the scope of his or her employment in 

carrying out the purposes of this subtitle, 

with respect to tort liability, is deemed to be 

an employee of the Federal Government. 

(f) LIMITATION.—Nothing in this subtitle 

shall be construed to invalidate existing certifications, contracts, or agreements between regional information coordination entities and other elements of the System. 

SEC. 12305. INTERAGENCY FINANCING AND 

AGREEMENTS. 

(a) IN GENERAL.—To carry out interagency 

activities under this subtitle, the Secretary 

of Commerce may execute cooperative agreements, or any other agreements, with, and 

receive and expend funds made available by, 

any State or subdivision thereof, any Federal agency, or any public or private organization, or individual. 

(b) RECIPROCITY.—Member Departments 

and agencies of the Council shall have the 

authority to create, support, and maintain 

joint centers, and to enter into and perform 

such contracts, leases, grants, and cooperative agreements as may be necessary to 

carry out the purposes of this subtitle and 

fulfillment of the System Plan. 

SEC. 12306. APPLICATION WITH OTHER LAWS. 

Nothing in this subtitle supersedes or limits the authority of any agency to carry out 

its responsibilities and missions under other 

laws. 

SEC. 12307. REPORT TO CONGRESS. 

(a) REQUIREMENT.—Not later than 2 years 

after the date of the enactment of this Act 

and every 2 years thereafter, the Administrator shall prepare and the President acting 

through the Council shall approve and transmit to the Congress a report on progress 

made in implementing this subtitle. 

(b) CONTENTS.—The report shall include— 

(1) a description of activities carried out 

under this subtitle and the System Plan; 

(2) an evaluation of the effectiveness of the 

System, including an evaluation of progress 

made by the Council to achieve the goals 

identified under the System Plan; 

(3) identification of Federal and non-Federal assets as determined by the Council that 

have been integrated into the System, including assets essential to the gathering of 

required observation data variables necessary to meet the respective missions of 

Council agencies; 

(4) a review of procurements, planned or 

initiated, by each Council agency to enhance, expand, or modernize the observation 

capabilities and data products provided by 

the System, including data management and 

communication subsystems; 

(5) an assessment regarding activities to 

integrate Federal and non-Federal assets, 

nationally and on the regional level, and discussion of the performance and effectiveness 

of regional information coordination entities 

to coordinate regional observation operations; 

(6) a description of benefits of the program 

to users of data products resulting from the 

System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators); 

(7) recommendations concerning— 

(A) modifications to the System; and 

(B) funding levels for the System in subsequent fiscal years; and 

(8) the results of a periodic external independent programmatic audit of the System. 

SEC. 12308. PUBLIC-PRIVATE USE POLICY. 

The Council shall develop a policy within 6 

months after the date of the enactment of 

this Act that defines processes for making 

decisions about the roles of the Federal Government, the States, regional information 

coordination entities, the academic community, and the private sector in providing to 

end-user communities environmental information, products, technologies, and services 

related to the System. The Council shall 

publish the policy in the Federal Register for 

public comment for a period not less than 60 

days. Nothing in this section shall be construed to require changes in policy in effect 

on the date of enactment of this Act. 

SEC. 12309. INDEPENDENT COST ESTIMATE. 

Within 1 year after the date of enactment 

of this Act, the Interagency Ocean Observation Committee, through the Administrator 

and the Director of the National Science 

Foundation, shall obtain an independent cost 

estimate for operations and maintenance of 

existing Federal assets of the System, and 

planned or anticipated acquisition, operation, and maintenance of new Federal assets for the System, including operation facilities, observation equipment, modeling 

and software, data management and communication, and other essential components. 

The independent cost estimate shall be 

transmitted unabridged and without revision 

by the Administrator to Congress. 

SEC. 12310. INTENT OF CONGRESS. 

It is the intent of Congress that funding 

provided to agencies of the Council to implement this subtitle shall supplement, and not 

replace, existing sources of funding for other 

programs. It is the further intent of Congress 

that agencies of the Council shall not enter 

into contracts or agreements for the development or procurement of new Federal assets 

for the System that are estimated to be in 

excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment. 

SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to 

the Secretary of Commerce for fiscal years 

2009 through 2013 such sums as are necessary 

to fulfill the purposes of this subtitle and 

support activities identified in the annual 

coordinated System budget developed by the 

Interagency Ocean Observation Committee 

and submitted to the Congress. 

Subtitle D—Federal Ocean Acidification 

Research and Monitoring Act of 2009 

SEC. 12401. SHORT TITLE. 

This subtitle may be cited as the ‘‘Federal 

Ocean Acidification Research And Monitoring Act of 2009’’ or the ‘‘FOARAM Act’’. 

SEC. 12402. PURPOSES. 

(a) PURPOSES.—The purposes of this subtitle are to provide for— 

(1) development and coordination of a comprehensive interagency plan to— 

(A) monitor and conduct research on the 

processes and consequences of ocean acidification on marine organisms and ecosystems; 

and 

(B) establish an interagency research and 

monitoring program on ocean acidification; 

(2) establishment of an ocean acidification 

program within the National Oceanic and 

Atmospheric Administration; 


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(3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and 

(4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean 

acidification. 

SEC. 12403. DEFINITIONS. 

In this subtitle: 

(1) OCEAN ACIDIFICATION.—The term ‘‘ocean 

acidification’’ means the decrease in pH of 

the Earth’s oceans and changes in ocean 

chemistry caused by chemical inputs from 

the atmosphere, including carbon dioxide. 

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

means the Secretary of Commerce, acting 

through the Administrator of the National 

Oceanic and Atmospheric Administration. 

(3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ means the Joint Subcommittee 

on Ocean Science and Technology of the National Science and Technology Council. 

SEC. 12404. INTERAGENCY SUBCOMMITTEE. 

(a) DESIGNATION.— 

(1) IN GENERAL.—The Joint Subcommittee 

on Ocean Science and Technology of the National Science and Technology Council shall 

coordinate Federal activities on ocean acidification and establish an interagency working group. 

(2) MEMBERSHIP.—The interagency working 

group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the 

National Aeronautics and Space Administration, the United States Geological Survey, 

the United States Fish and Wildlife Service, 

and such other Federal agencies as appropriate. 

(3) CHAIRMAN.—The interagency working 

group shall be chaired by the representative 

from the National Oceanic and Atmospheric 

Administration. 

(b) DUTIES.—The Subcommittee shall— 

(1) develop the strategic research and monitoring plan to guide Federal research on 

ocean acidification required under section 

12405 of this subtitle and oversee the implementation of the plan; 

(2) oversee the development of— 

(A) an assessment of the potential impacts 

of ocean acidification on marine organisms 

and marine ecosystems; and 

(B) adaptation and mitigation strategies to 

conserve marine organisms and ecosystems 

exposed to ocean acidification; 

(3) facilitate communication and outreach 

opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; 

(4) coordinate the United States Federal 

research and monitoring program with research and monitoring programs and scientists from other nations; and 

(5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed 

through or utilized by the interagency ocean 

acidification program accessible through 

electronic means, including information 

which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean 

acidification. 

(c) REPORTS TO CONGRESS.— 

(1) INITIAL REPORT.—Not later than 1 year 

after the date of enactment of this Act, the 

Subcommittee shall transmit a report to the 

Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Science and Technology and the 

Committee on Natural Resources of the 

House of Representatives that— 

(A) includes a summary of federally funded 

ocean acidification research and monitoring 

activities, including the budget for each of 

these activities; and 

(B) describes the progress in developing the 

plan required under section 12405 of this subtitle. 

(2) BIENNIAL REPORT.—Not later than 2 

years after the delivery of the initial report 

under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, 

Science, and Transportation of the Senate 

and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that 

includes— 

(A) a summary of federally funded ocean 

acidification research and monitoring activities, including the budget for each of these 

activities; and 

(B) an analysis of the progress made toward achieving the goals and priorities for 

the interagency research plan developed by 

the Subcommittee under section 12405. 

(3) STRATEGIC RESEARCH PLAN.—Not later 

than 2 years after the date of enactment of 

this Act, the Subcommittee shall transmit 

the strategic research plan developed under 

section 12405 to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Science and 

Technology and the Committee on Natural 

Resources of the House of Representatives. A 

revised plan shall be submitted at least once 

every 5 years thereafter. 

SEC. 12405. STRATEGIC RESEARCH PLAN. 

(a) IN GENERAL.—Not later than 2 years 

after the date of enactment of this Act, the 

Subcommittee shall develop a strategic plan 

for Federal research and monitoring on 

ocean acidification that will provide for an 

assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation 

and mitigation strategies to conserve marine 

organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its 

potential impacts, and recommendations 

made by the National Academy of Sciences 

in the review of the plan required under subsection (d). 

(b) CONTENTS OF THE PLAN.—The plan 

shall— 

(1) provide for interdisciplinary research 

among the ocean sciences, and coordinated 

research and activities to improve the understanding of ocean chemistry that will affect 

marine ecosystems; 

(2) establish, for the 10-year period beginning in the year the plan is submitted, the 

goals and priorities for Federal research and 

monitoring which will— 

(A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and 

marine ecosystems; 

(B) improve the ability to assess the socioeconomic impacts of ocean acidification; and 

(C) provide information for the development of adaptation and mitigation strategies 

to conserve marine organisms and marine 

ecosystems; 

(3) describe specific activities, including— 

(A) efforts to determine user needs; 

(B) research activities; 

(C) monitoring activities; 

(D) technology and methods development; 

(E) data collection; 

(F) database development; 

(G) modeling activities; 

(H) assessment of ocean acidification impacts; and 

(I) participation in international research 

efforts; 

(4) identify relevant programs and activities of the Federal agencies that contribute 

to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; 

(5) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other 

entities; 

(6) make recommendations for the coordination of the ocean acidification research 

and monitoring activities of the United 

States with such activities of other nations 

and international organizations; 

(7) outline budget requirements for Federal 

ocean acidification research and monitoring 

and assessment activities to be conducted by 

each agency under the plan; 

(8) identify the monitoring systems and 

sampling programs currently employed in 

collecting data relevant to ocean acidification and prioritize additional monitoring 

systems that may be needed to ensure adequate data collection and monitoring of 

ocean acidification and its impacts; and 

(9) describe specific activities designed to 

facilitate outreach and data and information 

exchange with stakeholder communities. 

(c) PROGRAM ELEMENTS.—The plan shall include at a minimum the following program 

elements: 

(1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean 

monitoring stations, including satellitebased monitoring to characterize— 

(A) marine ecosystems; 

(B) changes in marine productivity; and 

(C) changes in surface ocean chemistry. 

(2) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to 

develop environmental and ecological indices 

that track marine ecosystem responses to 

ocean acidification. 

(3) Modeling to predict changes in the 

ocean carbon cycle as a function of carbon 

dioxide and atmosphere-induced changes in 

temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, 

and modeling to determine impacts on marine ecosystems and individual marine organisms. 

(4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. 

(5) Assessment of socioeconomic impacts of 

ocean acidification and development of adaptation and mitigation strategies to conserve 

marine organisms and marine ecosystems. 

(d) NATIONAL ACADEMY OF SCIENCES EVALUATION.—The Secretary shall enter into an 

agreement with the National Academy of 

Sciences to review the plan. 

(e) PUBLIC PARTICIPATION.—In developing 

the plan, the Subcommittee shall consult 

with representatives of academic, State, industry and environmental groups. Not later 

than 90 days before the plan, or any revision 

thereof, is submitted to the Congress, the 

plan shall be published in the Federal Register for a public comment period of not less 

than 60 days. 

SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

(a) IN GENERAL.—The Secretary shall establish and maintain an ocean acidification 

program within the National Oceanic and 

Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 12405 that— 

(1) includes— 


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(A) interdisciplinary research among the 

ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; 

(B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation 

and sampling stations as appropriate to the 

aims of the research program; 

(C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they 

cope with increased ocean acidification; 

(D) as an integral part of the research programs described in this subtitle, educational 

opportunities that encourage an interdisciplinary and international approach to 

exploring the impacts of ocean acidification; 

(E) as an integral part of the research programs described in this subtitle, national 

public outreach activities to improve the understanding of current scientific knowledge 

of ocean acidification and its impacts on marine resources; and 

(F) coordination of ocean acidification 

monitoring and impacts research with other 

appropriate international ocean science bodies such as the International Oceanographic 

Commission, the International Council for 

the Exploration of the Sea, the North Pacific 

Marine Science Organization, and others; 

(2) provides grants for critical research 

projects that explore the effects of ocean 

acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and 

(3) incorporates a competitive merit-based 

process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic 

Partnership Program under section 7901 of 

title 10, United States Code. 

(b) ADDITIONAL AUTHORITY.—In conducting 

the Program, the Secretary may enter into 

and perform such contracts, leases, grants, 

or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as the Secretary considers appropriate. 

SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 

(a) RESEARCH ACTIVITIES.—The Director of 

the National Science Foundation shall continue to carry out research activities on 

ocean acidification which shall support competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean 

acidification and its impacts, including— 

(1) impacts on marine organisms and marine ecosystems; 

(2) impacts on ocean, coastal, and estuarine biogeochemistry; and 

(3) the development of methodologies and 

technologies to evaluate ocean acidification 

and its impacts. 

(b) CONSISTENCY.—The research activities 

shall be consistent with the strategic research plan developed by the Subcommittee 

under section 12405. 

(c) COORDINATION.—The Director shall encourage coordination of the Foundation’s 

ocean acidification activities with such activities of other nations and international 

organizations. 

SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 

(a) OCEAN ACIDIFICATION ACTIVITIES.—The 

Administrator of the National Aeronautics 

and Space Administration, in coordination 

with other relevant agencies, shall ensure 

that space-based monitoring assets are used 

in as productive a manner as possible for 

monitoring of ocean acidification and its impacts. 

(b) PROGRAM CONSISTENCY.—The Administrator shall ensure that the Agency’s research and monitoring activities on ocean 

acidification are carried out in a manner 

consistent with the strategic research plan 

developed by the Subcommittee under section 12405. 

(c) COORDINATION.—The Administrator 

shall encourage coordination of the Agency’s 

ocean acidification activities with such activities of other nations and international 

organizations. 

SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 

(a) NOAA.—There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the 

purposes of this subtitle— 

(1) $8,000,000 for fiscal year 2009; 

(2) $12,000,000 for fiscal year 2010; 

(3) $15,000,000 for fiscal year 2011; and 

(4) $20,000,000 for fiscal year 2012. 

(b) NSF.—There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this subtitle— 

(1) $6,000,000 for fiscal year 2009; 

(2) $8,000,000 for fiscal year 2010; 

(3) $12,000,000 for fiscal year 2011; and 

(4) $15,000,000 for fiscal year 2012. 

Subtitle E—Coastal and Estuarine Land 

Conservation Program 

SEC. 12501. SHORT TITLE. 

This Act may be cited as the ‘‘Coastal and 

Estuarine Land Conservation Program Act’’. 

SEC. 12502. AUTHORIZATION OF COASTAL AND 

ESTUARINE LAND CONSERVATION 

PROGRAM. 

The Coastal Zone Management Act of 1972 

(16 U.S.C. 1451 et seq.) is amended by inserting after section 307 the following new section: 

‘‘AUTHORIZATION OF THE COASTAL AND

ESTUARINE LAND CONSERVATION PROGRAM

‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a Coastal and Estuarine 

Land Conservation Program, in cooperation 

with appropriate State, regional, and other 

units of government, for the purposes of protecting important coastal and estuarine 

areas that have significant conservation, 

recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or 

recreational state to other uses or could be 

managed or restored to effectively conserve, 

enhance, or restore ecological function. The 

program shall be administered by the National Ocean Service of the National Oceanic 

and Atmospheric Administration through 

the Office of Ocean and Coastal Resource 

Management. 

‘‘(b) PROPERTY ACQUISITION GRANTS.—The 

Secretary shall make grants under the program to coastal states with approved coastal 

zone management plans or National Estuarine Research Reserve units for the purpose 

of acquiring property or interests in property described in subsection (a) that will further the goals of— 

‘‘(1) a Coastal Zone Management Plan or 

Program approved under this title; 

‘‘(2) a National Estuarine Research Reserve 

management plan; 

‘‘(3) a regional or State watershed protection or management plan involving coastal 

states with approved coastal zone management programs; or 

‘‘(4) a State coastal land acquisition plan 

that is consistent with an approved coastal 

zone management program. 

‘‘(c) GRANT PROCESS.—The Secretary shall 

allocate funds to coastal states or National 

Estuarine Research Reserves under this section through a competitive grant process in 

accordance with guidelines that meet the 

following requirements: 

‘‘(1) The Secretary shall consult with the 

coastal state’s coastal zone management 

program, any National Estuarine Research 

Reserve in that State, and the lead agency 

designated by the Governor for coordinating 

the implementation of this section (if different from the coastal zone management 

program). 

‘‘(2) Each participating coastal state, after 

consultation with local governmental entities and other interested stakeholders, shall 

identify priority conservation needs within 

the State, the values to be protected by inclusion of lands in the program, and the 

threats to those values that should be avoided. 

‘‘(3) Each participating coastal state shall 

to the extent practicable ensure that the acquisition of property or easements shall 

complement working waterfront needs. 

‘‘(4) The applicant shall identify the values 

to be protected by inclusion of the lands in 

the program, management activities that are 

planned and the manner in which they may 

affect the values identified, and any other information from the landowner relevant to 

administration and management of the land. 

‘‘(5) Awards shall be based on demonstrated need for protection and ability to 

successfully leverage funds among participating entities, including Federal programs, 

regional organizations, State and other governmental units, landowners, corporations, 

or private organizations. 

‘‘(6) The governor, or the lead agency designated by the governor for coordinating the 

implementation of this section, where appropriate in consultation with the appropriate 

local government, shall determine that the 

application is consistent with the State’s or 

territory’s approved coastal zone plan, program, and policies prior to submittal to the 

Secretary. 

‘‘(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have 

significant ecological value. 

‘‘(B) Of the projects that meet the standard 

in subparagraph (A), priority shall be given 

to lands that— 

‘‘(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or 

recreational state; and 

‘‘(ii) serve to mitigate the adverse impacts 

caused by coastal population growth in the 

coastal environment. 

‘‘(8) In developing guidelines under this 

section, the Secretary shall consult with 

coastal states, other Federal agencies, and 

other interested stakeholders with expertise 

in land acquisition and conservation procedures. 

‘‘(9) Eligible coastal states or National Estuarine Research Reserves may allocate 

grants to local governments or agencies eligible for assistance under section 306A(e). 

‘‘(10) The Secretary shall develop performance measures that the Secretary shall use 

to evaluate and report on the program’s effectiveness in accomplishing its purposes, 

and shall submit such evaluations to Congress triennially. 

‘‘(d) LIMITATIONS AND PRIVATE PROPERTY

PROTECTIONS.— 

‘‘(1) A grant awarded under this section 

may be used to purchase land or an interest 

in land, including an easement, only from a 

willing seller. Any such purchase shall not 

be the result of a forced taking under this 

section. Nothing in this section requires a 

private property owner to participate in the 

program under this section. 

‘‘(2) Any interest in land, including any 

easement, acquired with a grant under this 

section shall not be considered to create any 

new liability, or have any effect on liability 

under any other law, of any private property 

owner with respect to any person injured on 

the private property. 


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‘‘(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local government 

access) to or use of private property unless 

such property or an interest in such property 

(including a conservation easement) has 

been purchased with funds made available 

under this section. 

‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this title modifies the authority of Federal, State, or local 

governments to regulate land use. 

‘‘(f) MATCHING REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The Secretary may not 

make a grant under the program unless the 

Federal funds are matched by non-Federal 

funds in accordance with this subsection. 

‘‘(2) COST SHARE REQUIREMENT.— 

‘‘(A) IN GENERAL.—Grant funds under the 

program shall require a 100 percent match 

from other non-Federal sources. 

‘‘(B) WAIVER OF REQUIREMENT.—The Secretary may grant a waiver of subparagraph 

(A) for underserved communities, communities that have an inability to draw on 

other sources of funding because of the small 

population or low income of the community, 

or for other reasons the Secretary deems appropriate and consistent with the purposes of 

the program. 

‘‘(3) OTHER FEDERAL FUNDS.—Where financial assistance awarded under this section 

represents only a portion of the total cost of 

a project, funding from other Federal sources 

may be applied to the cost of the project. 

Each portion shall be subject to match requirements under the applicable provision of 

law. 

‘‘(4) SOURCE OF MATCHING COST SHARE.—For 

purposes of paragraph (2)(A), the non-Federal 

cost share for a project may be determined 

by taking into account the following: 

‘‘(A) The value of land or a conservation 

easement may be used by a project applicant 

as non-Federal match, if the Secretary determines that— 

‘‘(i) the land meets the criteria set forth in 

section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 

3 years after the date of the award of the 

grant; 

‘‘(ii) the value of the land or easement is 

held by a non-governmental organization included in the grant application in perpetuity 

for conservation purposes of the program; 

and 

‘‘(iii) the land or easement is connected either physically or through a conservation 

planning process to the land or easement 

that would be acquired. 

‘‘(B) The appraised value of the land or 

conservation easement at the time of the 

grant closing will be considered and applied 

as the non-Federal cost share. 

‘‘(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be 

used as non-Federal match if the activities 

are identified in the plan and expenses are 

incurred within the period of the grant 

award, or, for lands described in (A), within 

the same time limits described therein. 

These costs may include either cash or inkind contributions. 

‘‘(g) RESERVATION OF FUNDS FOR NATIONAL

ESTUARINE RESEARCH RESERVE SITES.—No 

less than 15 percent of funds made available 

under this section shall be available for acquisitions benefitting National Estuarine 

Research Reserves. 

‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No 

more than 5 percent of the funds made available to the Secretary under this section shall 

be used by the Secretary for planning or administration of the program. The Secretary 

shall provide a report to Congress with an 

account of all expenditures under this section for fiscal year 2009 and triennially 

thereafter. 

‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED

PROPERTY.—If any property is acquired in 

whole or in part with funds made available 

through a grant under this section, the grant 

recipient shall provide— 

‘‘(1) such assurances as the Secretary may 

require that— 

‘‘(A) the title to the property will be held 

by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; 

‘‘(B) the property will be managed in a 

manner that is consistent with the purposes 

for which the land entered into the program 

and shall not convert such property to other 

uses; and 

‘‘(C) if the property or interest in land is 

sold, exchanged, or divested, funds equal to 

the current value will be returned to the 

Secretary in accordance with applicable Federal law for redistribution in the grant process; and 

‘‘(2) certification that the property (including any interest in land) will be acquired 

from a willing seller. 

‘‘(j) REQUIREMENT FOR PROPERTY USED FOR

NON-FEDERAL MATCH.—If the grant recipient 

elects to use any land or interest in land 

held by a non-governmental organization as 

a non-Federal match under subsection (g), 

the grant recipient must to the Secretary’s 

satisfaction demonstrate in the grant application that such land or interest will satisfy 

the same requirements as the lands or interests in lands acquired under the program. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) CONSERVATION EASEMENT.—The term 

‘conservation easement’ includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of 

this section except those rights, title, and interests that may run with the land that are 

expressly reserved by a grantor and are 

agreed to at the time of purchase. 

‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ includes a conservation 

easement. 

‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

the Secretary to carry out this section 

$60,000,000 for each of fiscal years 2009 

through 2013.’’. 

TITLE XIII—MISCELLANEOUS 

SEC. 13001. MANAGEMENT AND DISTRIBUTION OF 

NORTH DAKOTA TRUST FUNDS. 

(a) NORTH DAKOTA TRUST FUNDS.—The Act 

of February 22, 1889 (25 Stat. 676, chapter 

180), is amended by adding at the end the following: 

‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

‘‘(a) DISPOSITION.—Notwithstanding section 11, the State of North Dakota shall, 

with respect to any trust fund in which proceeds from the sale of public land are deposited under this Act (referred to in this section as the ‘trust fund’)— 

‘‘(1) deposit all revenues earned by a trust 

fund into the trust fund; 

‘‘(2) deduct the costs of administering a 

trust fund from each trust fund; and 

‘‘(3) manage each trust fund to— 

‘‘(A) preserve the purchasing power of the 

trust fund; and 

‘‘(B) maintain stable distributions to trust 

fund beneficiaries. 

‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, any distributions from trust funds in 

the State of North Dakota shall be made in 

accordance with section 2 of article IX of the 

Constitution of the State of North Dakota. 

‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to 

in that section in accordance with subsections (a) and (b). 

‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Notwithstanding sections 14 and 16, 

the State of North Dakota shall manage the 

land granted under that section, including 

any proceeds from the land, and make distributions in accordance with subsections (a) 

and (b).’’. 

(b) MANAGEMENT AND DISTRIBUTION OF MORRILL ACT GRANTS.—The Act of July 2, 1862 

(commonly known as the ‘‘First Morrill 

Act’’) (7 U.S.C. 301 et seq.), is amended by 

adding at the end the following: 

‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH 

DAKOTA. 

‘‘(a) EXPENSES.—Notwithstanding section 

3, the State of North Dakota shall manage 

the land granted to the State under the first 

section, including any proceeds from the 

land, in accordance with this section. 

‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding section 4, the State of North Dakota shall, with respect to any trust fund in 

which proceeds from the sale of land under 

this Act are deposited (referred to in this 

section as the ‘trust fund’)— 

‘‘(1) deposit all revenues earned by a trust 

fund into the trust fund; 

‘‘(2) deduct the costs of administering a 

trust fund from each trust fund; and 

‘‘(3) manage each trust fund to— 

‘‘(A) preserve the purchasing power of the 

trust fund; and 

‘‘(B) maintain stable distributions to trust 

fund beneficiaries. 

‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any distributions from trust funds in 

the State of North Dakota shall be made in 

accordance with section 2 of article IX of the 

Constitution of the State of North Dakota. 

‘‘(d) MANAGEMENT.—Notwithstanding section 5, the State of North Dakota shall manage the land granted under the first section, 

including any proceeds from the land, in accordance with this section.’’. 

(c) CONSENT OF CONGRESS.—Effective July 

1, 2009, Congress consents to the amendments 

to the Constitution of North Dakota proposed by House Concurrent Resolution No. 

3037 of the 59th Legislature of the State of 

North Dakota entitled ‘‘A concurrent resolution for the amendment of sections 1 and 2 of 

article IX of the Constitution of North Dakota, relating to distributions from and the 

management of the common schools trust 

fund and the trust funds of other educational 

or charitable institutions; and to provide a 

contingent effective date’’ and approved by 

the voters of the State of North Dakota on 

November 7, 2006. 

SEC. 13002. AMENDMENTS TO THE FISHERIES 

RESTORATION AND IRRIGATION 

MITIGATION ACT OF 2000. 

(a) PRIORITY PROJECTS.—Section 3(c)(3) of 

the Fisheries Restoration and Irrigation 

Mitigation Act of 2000 (16 U.S.C. 777 note; 

Public Law 106–502) is amended by striking 

‘‘$5,000,000’’ and inserting ‘‘$2,500,000’’. 

(b) COST SHARING.—Section 7(c) of Fisheries Restoration and Irrigation Mitigation 

Act of 2000 (16 U.S.C. 777 note; Public Law 

106–502) is amended— 

(1) by striking ‘‘The value’’ and inserting 

the following: 

‘‘(1) IN GENERAL.—The value’’; and 

(2) by adding at the end the following: 

‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

‘‘(A) IN GENERAL.—The Secretary may, 

without further appropriation and without 

fiscal year limitation, accept any amounts 

provided to the Secretary by the Administrator of the Bonneville Power Administration. 

‘‘(B) NON-FEDERAL SHARE.—Any amounts 

provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the 


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Program shall be credited toward the nonFederal share of the costs of the project.’’. 

(c) REPORT.—Section 9 of the Fisheries 

Restoration and Irrigation Mitigation Act of 

2000 (16 U.S.C. 777 note; Public Law 106–502) is 

amended— 

(1) by inserting ‘‘any’’ before ‘‘amounts are 

made’’; and 

(2) by inserting after ‘‘Secretary shall’’ the 

following: ‘‘, after partnering with local governmental entities and the States in the Pacific Ocean drainage area,’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

Section 10 of the Fisheries Restoration and 

Irrigation Mitigation Act of 2000 (16 U.S.C. 

777 note; Public Law 106–502) is amended— 

(1) in subsection (a), by striking ‘‘2001 

through 2005’’ and inserting ‘‘ 2009 through 

2015’’; and 

(2) in subsection (b), by striking paragraph 

(2) and inserting the following: 

‘‘(2) ADMINISTRATIVE EXPENSES.— 

‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In this paragraph, the term ‘administrative expense’ means, except as provided 

in subparagraph (B)(iii)(II), any expenditure 

relating to— 

‘‘(i) staffing and overhead, such as the 

rental of office space and the acquisition of 

office equipment; and 

‘‘(ii) the review, processing, and provision 

of applications for funding under the Program. 

‘‘(B) LIMITATION.— 

‘‘(i) IN GENERAL.—Not more than 6 percent 

of amounts made available to carry out this 

Act for each fiscal year may be used for Federal and State administrative expenses of 

carrying out this Act. 

‘‘(ii) FEDERAL AND STATE SHARES.—To the 

maximum extent practicable, of the amounts 

made available for administrative expenses 

under clause (i)— 

‘‘(I) 50 percent shall be provided to the 

State agencies provided assistance under the 

Program; and 

‘‘(II) an amount equal to the cost of 1 fulltime equivalent Federal employee, as determined by the Secretary, shall be provided to 

the Federal agency carrying out the Program. 

‘‘(iii) STATE EXPENSES.—Amounts made 

available to States for administrative expenses under clause (i)— 

‘‘(I) shall be divided evenly among all 

States provided assistance under the Program; and 

‘‘(II) may be used by a State to provide 

technical assistance relating to the program, 

including any staffing expenditures (including staff travel expenses) associated with— 

‘‘(aa) arranging meetings to promote the 

Program to potential applicants; 

‘‘(bb) assisting applicants with the preparation of applications for funding under the 

Program; and 

‘‘(cc) visiting construction sites to provide 

technical assistance, if requested by the applicant.’’. 

SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT. 

Section 107(a) of the Alaska Natural Gas 

Pipeline Act (15 U.S.C. 720e(a)) is amended by 

striking paragraph (3) and inserting the following: 

‘‘(3) the validity of any determination, permit, approval, authorization, review, or 

other related action taken under any provision of law relating to a gas transportation 

project constructed and operated in accordance with section 103, including— 

‘‘(A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’); 

‘‘(B) the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.); 

‘‘(C) the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); 

‘‘(D) the National Historic Preservation 

Act (16 U.S.C. 470 et seq.); and 

‘‘(E) the Alaska National Interest Lands 

Conservation Act (16 U.S.C. 3101 et seq.).’’. 

SEC. 13004. ADDITIONAL ASSISTANT SECRETARY 

FOR DEPARTMENT OF ENERGY. 

(a) IN GENERAL.—Section 203(a) of the Department of Energy Organization Act (42 

U.S.C. 7133(a)) is amended in the first sentence by striking ‘‘7 Assistant Secretaries’’ 

and inserting ‘‘8 Assistant Secretaries’’. 

(b) CONFORMING AMENDMENT.—Section 5315 

of title 5, United States Code, is amended by 

striking ‘‘Assistant Secretaries of Energy 

(7)’’ and inserting ‘‘Assistant Secretaries of 

Energy (8)’’. 

SEC. 13005. LOVELACE RESPIRATORY RESEARCH 

INSTITUTE. 

(a) DEFINITIONS.—In this section: 

(1) INSTITUTE.—The term ‘‘Institute’’ 

means the Lovelace Respiratory Research 

Institute, a nonprofit organization chartered 

under the laws of the State of New Mexico. 

(2) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Lovelace Respiratory Research Institute Land Conveyance’’ and dated March 

18, 2008. 

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

(A) the Secretary of Energy, with respect 

to matters concerning the Department of 

Energy; 

(B) the Secretary of the Interior, with respect to matters concerning the Department 

of the Interior; and 

(C) the Secretary of the Air Force, with respect to matters concerning the Department 

of the Air Force. 

(4) SECRETARY OF ENERGY.—The term ‘‘Secretary of Energy’’ means the Secretary of 

Energy, acting through the Administrator 

for the National Nuclear Security Administration. 

(b) CONVEYANCE OF LAND.— 

(1) IN GENERAL.—Notwithstanding section 

120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act 

of 1980 (42 U.S.C. 9620(h)) and subject to valid 

existing rights and this section, the Secretary of Energy, in consultation with the 

Secretary of the Interior and the Secretary 

of the Air Force, may convey to the Institute, on behalf of the United States, all 

right, title, and interest of the United States 

in and to the parcel of land described in 

paragraph (2) for research, scientific, or educational use. 

(2) DESCRIPTION OF LAND.—The parcel of 

land referred to in paragraph (1)— 

(A) is the approximately 135 acres of land 

identified as ‘‘Parcel A’’ on the map; 

(B) includes any improvements to the land 

described in subparagraph (A); and 

(C) excludes any portion of the utility system and infrastructure reserved by the Secretary of the Air Force under paragraph (4). 

(3) OTHER FEDERAL AGENCIES.—The Secretary of the Interior and the Secretary of 

the Air Force shall complete any real property actions, including the revocation of any 

Federal withdrawals of the parcel conveyed 

under paragraph (1) and the parcel described 

in subsection (c)(1), that are necessary to 

allow the Secretary of Energy to— 

(A) convey the parcel under paragraph (1); 

or 

(B) transfer administrative jurisdiction 

under subsection (c). 

(4) RESERVATION OF UTILITY INFRASTRUCTURE AND ACCESS.—The Secretary of the Air 

Force may retain ownership and control of— 

(A) any portions of the utility system and 

infrastructure located on the parcel conveyed under paragraph (1); and 

(B) any rights of access determined to be 

necessary by the Secretary of the Air Force 

to operate and maintain the utilities on the 

parcel. 

(5) RESTRICTIONS ON USE.— 

(A) AUTHORIZED USES.—The Institute shall 

allow only research, scientific, or educational uses of the parcel conveyed under 

paragraph (1). 

(B) REVERSION.— 

(i) IN GENERAL.—If, at any time, the Secretary of Energy, in consultation with the 

Secretary of the Air Force, determines, in 

accordance with clause (ii), that the parcel 

conveyed under paragraph (1) is not being 

used for a purpose described in subparagraph 

(A)— 

(I) all right, title, and interest in and to 

the entire parcel, or any portion of the parcel not being used for the purposes, shall revert, at the option of the Secretary, to the 

United States; and 

(II) the United States shall have the right 

of immediate entry onto the parcel. 

(ii) REQUIREMENTS FOR DETERMINATION.— 

Any determination of the Secretary under 

clause (i) shall be made on the record and 

after an opportunity for a hearing. 

(6) COSTS.— 

(A) IN GENERAL.—The Secretary of Energy 

shall require the Institute to pay, or reimburse the Secretary concerned, for any costs 

incurred by the Secretary concerned in carrying out the conveyance under paragraph 

(1), including any survey costs related to the 

conveyance. 

(B) REFUND.—If the Secretary concerned 

collects amounts under subparagraph (A) 

from the Institute before the Secretary concerned incurs the actual costs, and the 

amount collected exceeds the actual costs 

incurred by the Secretary concerned to carry 

out the conveyance, the Secretary concerned 

shall refund to the Institute an amount 

equal to difference between— 

(i) the amount collected by the Secretary 

concerned; and 

(ii) the actual costs incurred by the Secretary concerned. 

(C) DEPOSIT IN FUND.— 

(i) IN GENERAL.—Amounts received by the 

United States under this paragraph as a reimbursement or recovery of costs incurred 

by the Secretary concerned to carry out the 

conveyance under paragraph (1) shall be deposited in the fund or account that was used 

to cover the costs incurred by the Secretary 

concerned in carrying out the conveyance. 

(ii) USE.—Any amounts deposited under 

clause (i) shall be available for the same purposes, and subject to the same conditions 

and limitations, as any other amounts in the 

fund or account. 

(7) CONTAMINATED LAND.—In consideration 

for the conveyance of the parcel under paragraph (1), the Institute shall— 

(A) take fee title to the parcel and any improvements to the parcel, as contaminated; 

(B) be responsible for undertaking and 

completing all environmental remediation 

required at, in, under, from, or on the parcel 

for all environmental conditions relating to 

or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the 

same extent as required by law applicable to 

privately owned facilities, regardless of the 

date of the contamination or the responsible 

party; 

(C) indemnify the United States for— 

(i) any environmental remediation or response costs the United States reasonably 

incurs if the Institute fails to remediate the 

parcel; or 

(ii) contamination at, in, under, from, or 

on the land, for all environmental conditions 

relating to or arising from the release or 

threat of release of waste material, substances, or constituents; 


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(D) indemnify, defend, and hold harmless 

the United States from any damages, costs, 

expenses, liabilities, fines, penalties, claim, 

or demand for loss, including claims for 

property damage, personal injury, or death 

resulting from releases, discharges, emissions, spills, storage, disposal, or any other 

acts or omissions by the Institute and any 

officers, agents, employees, contractors, sublessees, licensees, successors, assigns, or 

invitees of the Institute arising from activities conducted, on or after October 1, 1996, on 

the parcel conveyed under paragraph (1); and 

(E) reimburse the United States for all 

legal and attorney fees, costs, and expenses 

incurred in association with the defense of 

any claims described in subparagraph (D). 

(8) CONTINGENT ENVIRONMENTAL RESPONSE

OBLIGATIONS.—If the Institute does not undertake or complete environmental remediation as required by paragraph (7) and the 

United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to 

the parcel conveyed under paragraph (1). 

(9) NO ADDITIONAL COMPENSATION.—Except 

as otherwise provided in this section, no additional consideration shall be required for 

conveyance of the parcel to the Institute 

under paragraph (1). 

(10) ACCESS AND UTILITIES.—On conveyance 

of the parcel under paragraph (1), the Secretary of the Air Force shall, on behalf of the 

United States and subject to any terms and 

conditions as the Secretary determines to be 

necessary (including conditions providing for 

the reimbursement of costs), provide the Institute with— 

(A) access for employees and invitees of 

the Institute across Kirtland Air Force Base 

to the parcel conveyed under that paragraph; 

and 

(B) access to utility services for the land 

and any improvements to the land conveyed 

under that paragraph. 

(11) ADDITIONAL TERM AND CONDITIONS.— 

The Secretary of Energy, in consultation 

with the Secretary of the Interior and Secretary of the Air Force, may require any additional terms and conditions for the conveyance under paragraph (1) that the Secretaries determine to be appropriate to protect 

the interests of the United States. 

(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

(1) IN GENERAL.—After the conveyance 

under subsection (b)(1) has been completed, 

the Secretary of Energy shall, on request of 

the Secretary of the Air Force, transfer to 

the Secretary of the Air Force administrative jurisdiction over the parcel of approximately 7 acres of land identified as ‘‘Parcel 

B’’ on the map, including any improvements 

to the parcel. 

(2) REMOVAL OF IMPROVEMENTS.—In concurrence with the transfer under paragraph (1), 

the Secretary of Energy shall, on request of 

the Secretary of the Air Force, arrange and 

pay for removal of any improvements to the 

parcel transferred under that paragraph. 

SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL BOTANICAL GARDEN. 

Chapter 1535 of title 36, United States 

Code, is amended by adding at the end the 

following: 

‘‘§ 153514. Authorization of appropriations 

‘‘(a) IN GENERAL.—Subject to subsection 

(b), there is authorized to be appropriated to 

the corporation for operation and maintenance expenses $500,000 for each of fiscal 

years 2008 through 2017. 

‘‘(b) LIMITATION.—Any Federal funds made 

available under subsection (a) shall be 

matched on a 1-to-1 basis by non-Federal 

funds.’’. 

TITLE XIV—CHRISTOPHER AND DANA 

REEVE PARALYSIS ACT 

SEC. 14001. SHORT TITLE. 

This title may be cited as the ‘‘Christopher 

and Dana Reeve Paralysis Act’’. 

Subtitle A—Paralysis Research 

SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT 

TO RESEARCH ON PARALYSIS. 

(a) COORDINATION.—The Director of the National Institutes of Health (referred to in 

this title as the ‘‘Director’’), pursuant to the 

general authority of the Director, may develop mechanisms to coordinate the paralysis research and rehabilitation activities of 

the Institutes and Centers of the National 

Institutes of Health in order to further advance such activities and avoid duplication 

of activities. 

(b) CHRISTOPHER AND DANA REEVE PARALYSIS RESEARCH CONSORTIA.— 

(1) IN GENERAL.—The Director may make 

awards of grants to public or private entities 

to pay all or part of the cost of planning, establishing, improving, and providing basic 

operating support for consortia in paralysis 

research. The Director shall designate each 

consortium funded through such grants as a 

Christopher and Dana Reeve Paralysis Research Consortium. 

(2) RESEARCH.—Each consortium under 

paragraph (1)— 

(A) may conduct basic, translational, and 

clinical paralysis research; 

(B) may focus on advancing treatments 

and developing therapies in paralysis research; 

(C) may focus on one or more forms of paralysis that result from central nervous system trauma or stroke; 

(D) may facilitate and enhance the dissemination of clinical and scientific findings; 

and 

(E) may replicate the findings of consortia 

members or other researchers for scientific 

and translational purposes. 

(3) COORDINATION OF CONSORTIA; REPORTS.— 

The Director may, as appropriate, provide 

for the coordination of information among 

consortia under paragraph (1) and ensure 

regular communication among members of 

the consortia, and may require the periodic 

preparation of reports on the activities of 

the consortia and the submission of the reports to the Director. 

(4) ORGANIZATION OF CONSORTIA.—Each consortium under paragraph (1) may use the facilities of a single lead institution, or be 

formed from several cooperating institutions, meeting such requirements as may be 

prescribed by the Director. 

(c) PUBLIC INPUT.—The Director may provide for a mechanism to educate and disseminate information on the existing and 

planned programs and research activities of 

the National Institutes of Health with respect to paralysis and through which the Director can receive comments from the public 

regarding such programs and activities. 

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. 

(a) IN GENERAL.—The Director, pursuant to 

the general authority of the Director, may 

make awards of grants to public or private 

entities to pay all or part of the costs of 

planning, establishing, improving, and providing basic operating support to multicenter networks of clinical sites that will 

collaborate to design clinical rehabilitation 

intervention protocols and measures of outcomes on one or more forms of paralysis that 

result from central nervous system trauma, 

disorders, or stroke, or any combination of 

such conditions. 

(b) RESEARCH.—A multicenter network of 

clinical sites funded through this section 

may— 

(1) focus on areas of key scientific concern, 

including— 

(A) improving functional mobility; 

(B) promoting behavioral adaptation to 

functional losses, especially to prevent secondary complications; 

(C) assessing the efficacy and outcomes of 

medical rehabilitation therapies and practices and assisting technologies; 

(D) developing improved assistive technology to improve function and independence; and 

(E) understanding whole body system responses to physical impairments, disabilities, and societal and functional limitations; and 

(2) replicate the findings of network members or other researchers for scientific and 

translation purposes. 

(c) COORDINATION OF CLINICAL TRIALS NETWORKS; REPORTS.—The Director may, as appropriate, provide for the coordination of information among networks funded through 

this section and ensure regular communication among members of the networks, and 

may require the periodic preparation of reports on the activities of the networks and 

submission of reports to the Director. 

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. 

(a) IN GENERAL.—The Secretary of Health 

and Human Services (in this subtitle referred 

to as the ‘‘Secretary’’) may study the unique 

health challenges associated with paralysis 

and other physical disabilities and carry out 

projects and interventions to improve the 

quality of life and long-term health status of 

persons with paralysis and other physical 

disabilities. The Secretary may carry out 

such projects directly and through awards of 

grants or contracts. 

(b) CERTAIN ACTIVITIES.—Activities under 

subsection (a) may include— 

(1) the development of a national paralysis 

and physical disability quality of life action 

plan, to promote health and wellness in 

order to enhance full participation, independent living, self-sufficiency, and equality 

of opportunity in partnership with voluntary 

health agencies focused on paralysis and 

other physical disabilities, to be carried out 

in coordination with the State-based Disability and Health Program of the Centers 

for Disease Control and Prevention; 

(2) support for programs to disseminate information involving care and rehabilitation 

options and quality of life grant programs 

supportive of community-based programs 

and support systems for persons with paralysis and other physical disabilities; 

(3) in collaboration with other centers and 

national voluntary health agencies, the establishment of a population-based database 

that may be used for longitudinal and other 

research on paralysis and other disabling 

conditions; and 

(4) the replication and translation of best 

practices and the sharing of information 

across States, as well as the development of 

comprehensive, unique, and innovative programs, services, and demonstrations within 

existing State-based disability and health 

programs of the Centers for Disease Control 

and Prevention which are designed to support and advance quality of life programs for 

persons living with paralysis and other physical disabilities focusing on— 


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(A) caregiver education; 

(B) promoting proper nutrition, increasing 

physical activity, and reducing tobacco use; 

(C) education and awareness programs for 

health care providers; 

(D) prevention of secondary complications; 

(E) home- and community-based interventions; 

(F) coordinating services and removing 

barriers that prevent full participation and 

integration into the community; and 

(G) recognizing the unique needs of underserved populations. 

(c) GRANTS.—The Secretary may award 

grants in accordance with the following: 

(1) To State and local health and disability 

agencies for the purpose of— 

(A) establishing a population-based database that may be used for longitudinal and 

other research on paralysis and other disabling conditions; 

(B) developing comprehensive paralysis 

and other physical disability action plans 

and activities focused on the items listed in 

subsection (b)(4); 

(C) assisting State-based programs in establishing and implementing partnerships 

and collaborations that maximize the input 

and support of people with paralysis and 

other physical disabilities and their constituent organizations; 

(D) coordinating paralysis and physical 

disability activities with existing Statebased disability and health programs; 

(E) providing education and training opportunities and programs for health professionals and allied caregivers; and 

(F) developing, testing, evaluating, and 

replicating effective intervention programs 

to maintain or improve health and quality of 

life. 

(2) To private health and disability organizations for the purpose of— 

(A) disseminating information to the public; 

(B) improving access to services for persons living with paralysis and other physical 

disabilities and their caregivers; 

(C) testing model intervention programs to 

improve health and quality of life; and 

(D) coordinating existing services with 

State-based disability and health programs. 

(d) COORDINATION OF ACTIVITIES.—The Secretary shall ensure that activities under this 

section are coordinated as appropriate by the 

agencies of the Department of Health and 

Human Services. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

For the purpose of carrying out this section, 

there is authorized to be appropriated 

$25,000,000 for each of fiscal years 2008 

through 2011. 

TITLE XV—SMITHSONIAN INSTITUTION 

FACILITIES AUTHORIZATION 

SEC. 15101. LABORATORY AND SUPPORT SPACE, 

EDGEWATER, MARYLAND. 

(a) AUTHORITY TO DESIGN AND CONSTRUCT.—The Board of Regents of the Smithsonian Institution is authorized to design 

and construct laboratory and support space 

to accommodate the Mathias Laboratory at 

the Smithsonian Environmental Research 

Center in Edgewater, Maryland. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section a total of $41,000,000 

for fiscal years 2009 through 2011. Such sums 

shall remain available until expended. 

SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 

(a) AUTHORITY TO CONSTRUCT.—The Board 

of Regents of the Smithsonian Institution is 

authorized to construct laboratory space to 

accommodate the terrestrial research program of the Smithsonian tropical research 

institute in Gamboa, Panama. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section a total of $14,000,000 

for fiscal years 2009 and 2010. Such sums shall 

remain available until expended. 

SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 

(a) IN GENERAL.—The Board of Regents of 

the Smithsonian Institution is authorized to 

construct a greenhouse facility at its museum support facility in Suitland, Maryland, 

to maintain the horticultural operations of, 

and preserve the orchid collection held in 

trust by, the Smithsonian Institution. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated 

$12,000,000 to carry out this section. Such 

sums shall remain available until expended. 

Mr. LEVIN. Madam President, I 

move to reconsider the vote. 

Mrs. LINCOLN. I move to lay that 

motion on the table. 

The motion to lay on the table was 

agreed to. 

f 

LILLY LEDBETTER FAIR PAY ACT 

OF 2009—MOTION TO PROCEED 

CLOTURE MOTION

The PRESIDING OFFICER. Under 

the previous order, there is 4 minutes 

equally divided between Senators MIKULSKI and ENZI. 

Ms. MIKULSKI. Madam President, 

the Senate is not in order. 

The PRESIDING OFFICER. The Senate will be in order. 

The Senator from Maryland is recognized. 

Ms. MIKULSKI. Madam President, I 

rise to urge my colleagues, on a bipartisan basis, to vote for the legislation 

that is pending, which is the cloture 

motion on the motion to proceed to the 

Lilly Ledbetter Act. The reason we are 

advocating cloture on the motion to 

proceed is that we do not have to filibuster this bill because we guarantee 

an open process, that Senators will be 

able to offer amendments. We will be 

able to debate with civility and comity, arrive at good ideas, consider all 

good ideas and so on, so we do not need 

to filibuster. Second, we do not need to 

delay. We need to vote for the motion 

to proceed because that is what the 

American people are telling us to do. 

Much is talked about economic stimulus, but if you want to help women, 

let’s start paying them equal pay for 

equal or comparable work. That is 

what the Lilly Ledbetter bill will ensure. It will restore the law to the way 

it was before the Supreme Court decision on Ledbetter v. Goodyear. 

One of the objections to the bill is 

that the Ledbetter bill will trigger lawsuits. Nothing could be further from 

the truth because it did not trigger, 

open-ended, millions of lawsuits before 

the Supreme Court decision. 

We need to act. It is great to talk 

about a stimulus bill, but the real 

stimulus is paying people for what they 

do. Madam President, you should 

know. 

This is a very serious bill. I know 

what my colleagues are talking about 

is important, but women are waiting 

for us to act, so Senators, if they could 

wait a minute, we could move ahead. 

The Supreme Court rule is that a pay 

discrimination lawsuit must be filed 

with the EEOC within 180 days of the 

initial decision to pay her less than 

men performing similar acts. 

The PRESIDING OFFICER. The time 

of the Senator has expired. 

The Senator from Wyoming is recognized. 

Mr. ENZI. Madam President, I have 

spent my 12 years in the Senate trying 

to work across the aisle, trying to get 

things to happen around here. I found 

the way things happen is, if they go 

through the whole process— 

Ms. MIKULSKI. I say to the Senator, 

I am not done. I have not completed 

my statement. 

Mr. ENZI. I think the Senator’s time 

expired. 

The PRESIDING OFFICER. The Senator’s time had expired. 

Ms. MIKULSKI. Madam President, 

first of all, I, of course, want to proceed 

in the spirit of comity. I lost my time 

because this place was so noisy. I 

couldn’t talk because everybody else 

was talking. Frankly, I will be happy 

for my colleague to speak, but I am 

going to ask unanimous consent for an 

additional 4 minutes. 

The PRESIDING OFFICER. Is there 

objection? 

Mr. ENZI. Madam President, reserving the right to object, our side would 

like the additional 4 minutes, then, as 

well. 

The PRESIDING OFFICER. Is there 

objection? The Senator from Maryland 

has asked for an additional 4 minutes. 

Is there objection to that request? 

The Senator from Texas is recognized. 

Mrs. HUTCHISON. Madam President, 

can we amend the request to allow 

both sides to have an equal amount of 

added time? 

The PRESIDING OFFICER. That is 

the request. Is there objection to both 

sides receiving a total of 6 minutes on 

this matter. 

Mr. CORKER. Reserving the right to 

object, what will happen to floor time 

thereafter? Where many of us have 

time to talk about TARP later on, will 

we still have that time set aside prior 

to the TARP vote at 4:30? 

The PRESIDING OFFICER. This will 

take an additional 8 minutes from the 

time that is allocated for the TARP 

discussion, prior to the vote that is 

scheduled at 4:30. 

Mr. VITTER. I object. 

The PRESIDING OFFICER. Objection is heard. 

Several Senators addressed the 

Chair. 

The PRESIDING OFFICER. The Senator from Wyoming has the floor at the 

current time. 

Ms. MIKULSKI. May I ask the Senator from Wyoming for the ability to 

ask a unanimous consent request. I do 

not want to drag out the debate, but I 

would like to make a few points. What 

I would like to be able to do, with your 

concurrence, is just ask for 2 minutes 

and just have a little bit of say, but 

you have your 4 minutes. 


jbell on PROD1PC69 with SENATE