103D CONGRESS

2D SESSION S. 21

AN ACT

To designate certain lands in the California Desert

purposes.Tree, and Mojave National Parks, and for otheras wilderness, to establish Death Valley, Joshua
103D CONGRESS

2D SESSION S. 21

AN ACT

To designate certain lands in the California Desert as wilderness, to establish Death Valley, Joshua Tree, and Mojave

National Parks, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘California Desert Pro5 tection Act of 1994’’.
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1 SEC. 2. FINDINGS AND POLICY.

2 (a) The Congress finds and declares that—

3 (1) the federally owned desert lands of southern

4 California constitute a public wildland resource of

5 extraordinary and inestimable value for this and fu6 ture generations;

7 (2) these desert wildlands display unique scenic,

8 historical, archeological, environmental, ecological,

9 wildlife, cultural, scientific, educational, and rec10 reational values used and enjoyed by millions of

11 Americans for hiking and camping, scientific study

12 and scenic appreciation;

13 (3) the public land resources of the California

14 desert now face and are increasingly threatened by

15 adverse pressures which would impair, dilute, and

16 destroy their public and natural values;

17 (4) the California desert, embracing wilderness

18 lands, units of the National Park System, other

19 Federal lands, State parks and other State lands,

20 and private lands, constitutes a cohesive unit posing

21 unique and difficult resource protection and manage22 ment challenges;

23 (5) through designation of national monuments

24 by Presidential proclamation, through enactment of

25 general public land statutes (including section 601

26 of the Federal Land Policy and Management Act of
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1 1976, 90 Stat. 2743, 43 U.S.C. 1701 et seq.) and

2 through interim administrative actions, the Federal

3 government has begun the process of appropriately

4 providing for protection of the significant resources

5 of the public lands in the California desert; and

6 (6) statutory land unit designations are needed

7 to afford the full protection which the resources and

8 public land values of the California desert merit.

9 (b) In order to secure for the American people of this

10 and future generations an enduring heritage of wilderness,

11 national parks, and public land values in the California

12 desert, it is hereby declared to be the policy of the Con13 gress that—

14 (1) appropriate public lands in the California

15 desert shall be included within the National Park

16 System and the National Wilderness Preservation

17 System, in order to—

18 (A) preserve unrivaled scenic, geologic, and

19 wildlife values associated with these unique nat20 ural landscapes;

21 (B) perpetuate in their natural state sig22 nificant and diverse ecosystems of the Califor23 nia desert;

24 (C) protect and preserve historical and cul25 tural values of the California desert associated
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1 with ancient Indian cultures, patterns of west2 ern exploration and settlement, and sites exem3 plifying the mining, ranching and railroading

4 history of the Old West;

5 (D) provide opportunities for compatible

6 outdoor public recreation, protect and interpret

7 ecological and geological features and historic,

8 paleontological, and archeological sites, main9 tain wilderness resource values, and promote

10 public understanding and appreciation of the

11 California desert; and

12 (E) retain and enhance opportunities for

13 scientific research in undisturbed ecosystems.

14 TITLE I—DESIGNATION OF WILDERNESS

15 AREAS TO BE ADMINISTERED BY THE

16 BUREAU OF LAND MANAGEMENT

17 SEC. 101. FINDINGS.

18 The Congress finds and declares that—

19 (1) wilderness is a distinguishing characteristic

20 of the public lands in the California desert, one

21 which affords an unrivaled opportunity for experi22 encing vast areas of the Old West essentially

23 unaltered by man’s activities, and which merits pres24 ervation for the benefit of present and future gen25 erations;
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1 (2) the wilderness values of desert lands are in2 creasingly threatened by and especially vulnerable to

3 impairment, alteration, and destruction by activities

4 and intrusions associated with incompatible use and

5 development; and

6 (3) preservation of desert wilderness necessarily

7 requires the highest forms of protective designation

8 and management.

9 SEC. 102. DESIGNATION OF WILDERNESS.

10 In furtherance of the purpose of the Wilderness Act

11 (78 Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601

12 and 603 of the Federal Land Policy and Management Act

13 of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), the fol14 lowing lands in the State of California, as generally de15 picted on maps referenced herein, are hereby designated

16 as wilderness, and therefore, as components of the Na17 tional Wilderness Preservation System:

18 (1) Certain lands in the California Desert Con19 servation Area, of the Bureau of Land Management,

20 which comprise approximately seventy-four thousand

21 eight hundred and ninety acres, as generally de22 picted on a map entitled ‘‘Argus Range Wilder23 ness—Proposed 1’’, dated May 1991, and two maps

24 entitled ‘‘Argus Range Wilderness—Proposed 2’’

25 and ‘‘Argus Range Wilderness—Proposed 3’’ dated
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1 January 1989, and which shall be known as the

2 Argus Range Wilderness.

3 (2) Certain lands in the California Desert Con4 servation Area, of the Bureau of Land Management,

5 which comprise approximately ten thousand three

6 hundred and eighty acres, as generally depicted on

7 a map entitled ‘‘Bigelow Cholla Garden Wilder8 ness—Proposed’’, dated July 1993, and which shall

9 be known as the Bigelow Cholla Garden Wilderness.

10 (3) Certain lands in the California Desert Con11 servation Area, of the Bureau of Land Management,

12 and within the San Bernardino National Forest,

13 which comprise approximately thirty-nine thousand

14 one hundred and eighty-five acres, as generally de15 picted on a map entitled ‘‘Bighorn Mountain Wilder16 ness—Proposed’’, dated July 1993, and which shall

17 be known as the Bighorn Mountain Wilderness.

18 (4) Certain lands in the California Desert Con19 servation Area and the Yuma District, of the Bu20 reau of Land Management, which comprise approxi21 mately forty-seven thousand five hundred and sev22 enty acres, as generally depicted on a map entitled

23 ‘‘Big Maria Mountains Wilderness—Proposed’’,

24 dated February 1986, and which shall be known as

25 the Big Maria Mountains Wilderness.
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1 (5) Certain lands in the California Desert Con2 servation Area, of the Bureau of Land Management,

3 which comprise approximately thirteen thousand

4 nine hundred and forty acres, as generally depicted

5 on a map entitled ‘‘Black Mountain Wilderness—

6 Proposed’’, dated July 1993, and which shall be

7 known as the Black Mountain Wilderness.

8 (6) Certain lands in the California Desert Con9 servation Area, of the Bureau of Land Management,

10 which comprise approximately nine thousand five

11 hundred and twenty acres, as generally depicted on

12 a map entitled ‘‘Bright Star Wilderness—Proposed’’,

13 dated October 1993, and which shall be known as

14 the Bright Star Wilderness.

15 (7) Certain lands in the California Desert Con16 servation Area, of the Bureau of Land Management,

17 which comprise approximately sixty-eight thousand

18 five hundred and fifteen acres, as generally depicted

19 on two maps entitled ‘‘Bristol Mountains Wilder20 ness—Proposed 1’’, and ‘‘Bristol Mountains Wilder21 ness—Proposed 2’’, dated September 1991, and

22 which shall be known as Bristol Mountains Wilder23 ness.

24 (8) Certain lands in the California Desert Con25 servation Area, of the Bureau of Land Management,
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1 which comprise approximately thirty-nine thousand

2 seven hundred and forty acres, as generally depicted

3 on a map entitled ‘‘Cadiz Dunes Wilderness—Pro4 posed’’, dated July 1993, and which shall be known

5 as the Cadiz Dunes Wilderness.

6 (9) Certain lands in the California Desert Con7 servation Area and Eastern San Diego County, of

8 the Bureau of Land Management, which comprise

9 approximately fifteen thousand seven hundred acres,

10 as generally depicted on a map entitled ‘‘Carrizo

11 Gorge Wilderness—Proposed’’, dated February

12 1986, and which shall be known as the Carrizo

13 Gorge Wilderness.

14 (10) Certain lands in the California Desert

15 Conservation Area and Yuma District, of the Bu16 reau of Land Management, which comprise approxi17 mately sixty-four thousand three hundred and twen18 ty acres, as generally depicted on a map entitled

19 ‘‘Chemehuevi Mountains Wilderness—Proposed’’,

20 dated July 1993, and which shall be known as the

21 Chemehuevi Mountains Wilderness.

22 (11) Certain lands in the Bakersfield District,

23 of the Bureau of Land Management, which comprise

24 approximately thirteen thousand seven hundred

25 acres, as generally depicted on two maps entitled
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1 ‘‘Chimney Park Wilderness—Proposed 1’’ and

2 ‘‘Chimney Peak Wilderness—Proposed 2’’, dated

3 May 1991, and which shall be known as the Chim4 ney Peak Wilderness.

5 (12) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately eighty thousand

8 seven hundred and seventy acres, as generally de9 picted on two maps entitled ‘‘Chuckwalla Mountains

10 Wilderness—Proposed 1’’ and ‘‘Chuckwalla Moun11 tains Wilderness—Proposed 2’’, dated July 1992,

12 and which shall be known as the Chuckwalla Moun13 tains Wilderness.

14 (13) Certain lands in the California Desert

15 Conservation Area, of the Bureau of Land Manage16 ment, which comprise thirty-three thousand nine

17 hundred and eighty acres, as generally depicted on

18 a map entitled ‘‘Cleghorn Lakes Wilderness—Pro19 posed’’, dated July 1993, and which shall be known

20 as the Cleghorn Lakes Wilderness. The Secretary

21 may, pursuant to an application filed by the Depart22 ment of Defense, grant a right-of-way for, and au23 thorize construction of, a road within the area de24 picted as ‘‘nonwilderness road corridor’’ on such

25 map.
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1 (14) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately twenty-six

4 thousand acres, as generally depicted on a map enti5 tled ‘‘Clipper Mountain Wilderness—Proposed’’,

6 dated July 1993, and which shall be known as Clip7 per Mountain Wilderness.

8 (15) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, which comprise approximately fifty thousand

11 five hundred and twenty acres, as generally depicted

12 on a map entitled ‘‘Coso Range Wilderness—Pro13 posed’’, dated May 1991, and which shall be known

14 as Coso Range Wilderness.

15 (16) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately seventeen thou18 sand acres, as generally depicted on a map entitled

19 ‘‘Coyote Mountains Wilderness—Proposed’’, dated

20 July 1993, and which shall be known as Coyote

21 Mountains Wilderness.

22 (17) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise approximately eight thousand

25 six hundred acres, as generally depicted on a map
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1 entitled ‘‘Darwin Falls Wilderness—Proposed’’,

2 dated May 1991, and which shall be known as Dar3 win Falls Wilderness.

4 (18) Certain lands in the California Desert

5 Conservation Area and the Yuma District, of the

6 Bureau of Land Management, which comprise ap7 proximately forty-eight thousand eight hundred and

8 fifty acres, as generally depicted on a map entitled

9 ‘‘Dead Mountains Wilderness—Proposed’’, dated

10 October 1991, and which shall be known as Dead

11 Mountains Wilderness.

12 (19) Certain lands in the Bakersfield District,

13 of the Bureau of Land Management, which comprise

14 approximately thirty-six thousand three hundred

15 acres, as generally depicted on two maps entitled

16 ‘‘Domeland Wilderness Additions—Proposed 1’’ and

17 ‘‘Domeland Wilderness Additions—Proposed 2’’, and

18 which are hereby incorporated in, and which shall be

19 deemed to be a part of, the Domeland Wilderness as

20 designated by Public Laws 93–632 and 98–425.

21 (20) Certain lands in the California Desert

22 Conservation Area, of the Bureau of Land Manage23 ment, which comprise approximately twenty-three

24 thousand seven hundred and eighty acres, as gen25 erally depicted on a map entitled ‘‘El Paso Moun-
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1 tains Wilderness—Proposed’’, dated July 1993, and

2 which shall be known as the El Paso Mountains Wil3 derness.

4 (21) Certain lands in the California Desert

5 Conservation Area, of the Bureau of Land Manage6 ment, which comprise approximately twenty-five

7 thousand nine hundred and forty acres, as generally

8 depicted on a map entitled ‘‘Fish Creek Mountains

9 Wilderness—Proposed’’, dated July 1993, and which

10 shall be known as Fish Creek Mountains Wilderness.

11 (22) Certain lands in the California Desert

12 Conservation Area, of the Bureau of Land Manage13 ment, which comprise approximately twenty-eight

14 thousand one hundred and ten acres, as generally

15 depicted on a map entitled ‘‘Funeral Mountains Wil16 derness—Proposed’’, dated May 1991, and which

17 shall be known as Funeral Mountains Wilderness.

18 (23) Certain lands in the California Desert

19 Conservation Area, of the Bureau of Land Manage20 ment, which comprise approximately thirty-seven

21 thousand seven hundred acres, as generally depicted

22 on a map entitled ‘‘Golden Valley Wilderness—Pro23 posed’’, dated February 1986, and which shall be

24 known as Golden Valley Wilderness.
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1 (24) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately thirty-one thou4 sand six hundred and ninety-five acres, as generally

5 depicted on a map entitled ‘‘Grass Valley Wilder6 ness—Proposed’’, dated July 1993, and which shall

7 be known as the Grass Valley Wilderness.

8 (25) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, which comprise approximately twenty-two

11 thousand two hundred and forty acres, as generally

12 depicted on a map entitled ‘‘Hollow Hills Wilder13 ness—Proposed’’, dated May 1991, and which shall

14 be known as the Hollow Hills Wilderness.

15 (26) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately twenty-six

18 thousand four hundred and sixty acres, as generally

19 depicted on a map entitled ‘‘Ibex Wilderness—Pro20 posed’’, dated May 1991, and which shall be known

21 as the Ibex Wilderness.

22 (27) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise approximately thirty-three

25 thousand eight hundred and fifty-five acres, as gen-
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1 erally depicted on a map entitled ‘‘Indian Pass Wil2 derness—Proposed’’, dated July 1993, and which

3 shall be known as the Indian Pass Wilderness.

4 (28) Certain lands in the California Desert

5 Conservation Area and the Bakersfield District, of

6 the Bureau of Land Management, and within the

7 Inyo National Forest, which comprise approximately

8 two hundred and five thousand and twenty acres, as

9 generally depicted on three maps entitled ‘‘Inyo

10 Mountains Wilderness—Proposed 1’’, ‘‘Inyo Moun11 tains Wilderness—Proposed 2’’, ‘‘Inyo Mountains

12 Wilderness—Proposed 3’’, dated May 1991, and

13 which shall be known as the Inyo Mountains Wilder14 ness.

15 (29) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately thirty-three

18 thousand six hundred and seventy acres, as generally

19 depicted on a map entitled ‘‘Jacumba Wilderness—

20 Proposed’’, dated July 1993, and which shall be

21 known as the Jacumba Wilderness.

22 (30) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise approximately one hundred

25 and twenty-nine thousand five hundred and eighty
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1 acres, as generally depicted on a map entitled ‘‘Kelso

2 Dunes Wilderness—Proposed 1’’, dated October

3 1991, a map entitled ‘‘Kelso Dunes Wilderness—

4 Proposed 2’’, dated May 1991, and a map entitled

5 ‘‘Kelso Dunes Wilderness—Proposed 3’’, dated Sep6 tember 1991, and which shall be known as the Kelso

7 Dunes Wilderness.

8 (31) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, and the Sequoia National Forest, which com11 prise approximately eighty-eight thousand two hun12 dred and ninety acres, as generally depicted on a

13 map entitled ‘‘Kiavah Wilderness—Proposed 1’’,

14 dated February 1986, and a map entitled ‘‘Kiavah

15 Wilderness—Proposed 2’’, dated October 1993, and

16 which shall be known as the Kiavah Wilderness.

17 (32) Certain lands in the California Desert

18 Conservation Area, of the Bureau of Land Manage19 ment, which comprise approximately two hundred

20 nine thousand, six hundred and eight acres, as gen21 erally depicted on four maps entitled ‘‘Kingston

22 Range Wilderness—Proposed 1’’, ‘‘Kingston Range

23 Wilderness—Proposed 2’’, ‘‘Kingston Range Wilder24 ness—Proposed 3’’, ‘‘Kingston Range Wilderness—
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1 Proposed 4’’, dated July 1993, and which shall be

2 known as the Kingston Range Wilderness.

3 (33) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately twenty-nine

6 thousand eight hundred and eighty acres, as gen7 erally depicted on a map entitled ‘‘Little Chuckwalla

8 Mountains Wilderness—Proposed’’, dated July

9 1993, and which shall be known as the Little

10 Chuckwalla Mountains Wilderness.

11 (34) Certain lands in the California Desert

12 Conservation Area and the Yuma District, of the

13 Bureau of Land Management, which comprise ap14 proximately thirty-three thousand six hundred acres,

15 as generally depicted on a map entitled ‘‘Little

16 Picacho Wilderness—Proposed’’, dated July 1993,

17 and which shall be known as the Little Picacho Wil18 derness.

19 (35) Certain lands in the California Desert

20 Conservation Area, of the Bureau of Land Manage21 ment, which comprise approximately thirty-two thou22 sand three hundred and sixty acres, as generally de23 picted on a map entitled ‘‘Malpais Mesa Wilder24 ness—Proposed’’, dated September 1991, and which

25 shall be known as the Malpais Mesa Wilderness.
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1 (36) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately sixteen thou4 sand one hundred and five acres, as generally de5 picted on a map entitled ‘‘Manly Peak Wilderness—

6 Proposed’’, dated October 1991, and which shall be

7 known as the Manly Peak Wilderness.

8 (37) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, which comprise approximately twenty-four

11 thousand two hundred acres, as generally depicted

12 on a map entitled ‘‘Mecca Hills Wilderness—Pro13 posed’’, dated July 1993, and which shall be known

14 as the Mecca Hills Wilderness.

15 (38) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately forty-seven

18 thousand three hundred and thirty acres, as gen19 erally depicted on a map entitled ‘‘Mesquite Wilder20 ness—Proposed’’, dated May 1991, and which shall

21 be known as the Mesquite Wilderness.

22 (39) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise approximately twenty-two

25 thousand nine hundred acres, as generally depicted
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1 on a map entitled ‘‘Newberry Mountains Wilder2 ness—Proposed’’, dated February 1986, and which

3 shall be known as the Newberry Mountains Wilder4 ness.

5 (40) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately one hundred

8 ten thousand eight hundred and sixty acres, as gen9 erally depicted on a map entitled ‘‘Nopah Range

10 Wilderness—Proposed’’, dated July 1993, and which

11 shall be known as the Nopah Range Wilderness.

12 (41) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately thirty-two thou15 sand two hundred and forty acres, as generally de16 picted on a map entitled ‘‘North Algodones Dunes

17 Wilderness—Proposed’’, dated October 1991, and

18 which shall be known as the North Algodones Dunes

19 Wilderness.

20 (42) Certain lands in the California Desert

21 Conservation Area, of the Bureau of Land Manage22 ment, which comprise approximately twenty-five

23 thousand five hundred and forty acres, as generally

24 depicted on a map entitled ‘‘North Mesquite Moun25 tains Wilderness—Proposed’’, dated May 1991, and
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1 which shall be known as the North Mesquite Moun2 tains Wilderness.

3 (43) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately one hundred

6 forty-six thousand and twenty acres, as generally de7 picted on a map entitled ‘‘Old Woman Mountains

8 Wilderness—Proposed 1’’, dated July 1993 and a

9 map entitled ‘‘Old Woman Mountains Wilderness—

10 Proposed 2’’, dated July 1993, and which shall be

11 known as the Old Woman Mountains Wilderness.

12 (44) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately forty thousand

15 seven hundred and thirty-five acres, as generally de16 picted on a map entitled ‘‘Orocopia Mountains Wil17 derness—Proposed’’, dated July 1993, and which

18 shall be known as the Orocopia Mountains Wilder19 ness.

20 (45) Certain lands in the California Desert

21 Conservation Area and the Bakersfield District, of

22 the Bureau of Land Management, which comprise

23 approximately seventy-four thousand and sixty acres,

24 as generally depicted on a map entitled ‘‘Owens

25 Peak Wilderness—Proposed 1’’, dated February
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1 1986, a map entitled ‘‘Owens Peak Wilderness—

2 Proposed 2’’, dated March 1994, and a map entitled

3 ‘‘Owens Peak Wilderness—Proposed 3’’, dated May

4 1991, and which shall be known as the Owens Peak

5 Wilderness.

6 (46) Certain lands in the California Desert

7 Conservation Area, of the Bureau of Land Manage8 ment, which comprise approximately seventy-four

9 thousand eight hundred acres, as generally depicted

10 on a map entitled ‘‘Pahrump Valley Wilderness—

11 Proposed’’, dated February 1986, and which shall be

12 known as the Pahrump Valley Wilderness.

13 (47) Certain lands in the California Desert

14 Conservation Area, of the Bureau of Land Manage15 ment, which comprise approximately two hundred

16 seventy thousand six hundred and twenty-nine acres,

17 as generally depicted on a map entitled ‘‘Palen/

18 McCoy Wilderness—Proposed 1’’, dated July 1993,

19 and a map entitled ‘‘Palen/McCoy Wilderness—Pro20 posed 2’’, dated July 1993, and which shall be

21 known as the Palen/McCoy Wilderness.

22 (48) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise approximately thirty-two thou25 sand three hundred and ten acres, as generally de-
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1 picted on a map entitled ‘‘Palo Verde Mountains

2 Wilderness—Proposed’’, dated July 1993, and which

3 shall be known as the Palo Verde Mountains Wilder4 ness.

5 (49) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately seven thousand

8 seven hundred acres, as generally depicted on a map

9 entitled ‘‘Picacho Peak Wilderness—Proposed’’,

10 dated May 1991, and which shall be known as the

11 Picacho Peak Wilderness.

12 (50) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately seventy-two

15 thousand five hundred and seventy-five acres, as

16 generally depicted on a map entitled ‘‘Piper Moun17 tain Wilderness—Proposed’’, dated October 1993,

18 and which shall be known as the Piper Mountain

19 Wilderness.

20 (51) Certain lands in the California Desert

21 Conservation Area, of the Bureau of Land Manage22 ment, which comprise approximately thirty-six thou23 sand eight hundred and forty acres, as generally de24 picted on a map entitled ‘‘Piute Mountains Wilder-
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1 ness—Proposed’’, dated July 1993, and which shall

2 be known as the Piute Mountains Wilderness.

3 (52) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately seventy-eight

6 thousand eight hundred and sixty-eight acres, as

7 generally depicted on a map entitled ‘‘Resting

8 Spring Range Wilderness—Proposed’’, dated May

9 1991, and which shall be known as the Resting

10 Spring Range Wilderness.

11 (53) Certain lands in the California Desert

12 Conservation Area, of the Bureau of Land Manage13 ment, which comprise approximately forty thousand

14 eight hundred and twenty acres, as generally de15 picted on a map entitled ‘‘Rice Valley Wilderness—

16 Proposed’’, dated May 1991, and which shall be

17 known as the Rice Valley Wilderness.

18 (54) Certain lands in the California Desert

19 Conservation area and the Yuma District, of the Bu20 reau of Land Management, which comprise approxi21 mately twenty-two thousand three hundred eighty

22 acres, as generally depicted on a map entitled ‘‘Riv23 erside Mountains Wilderness—Proposed’’, dated

24 May 1991, and which shall be known as the River25 side Mountains Wilderness.
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1 (55) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately twenty-one

4 thousand three hundred acres, as generally depicted

5 on a map entitled ‘‘Rodman Mountains Wilder6 ness—Proposed’’, dated July 1993, and which shall

7 be known as the Rodman Mountains Wilderness.

8 (56) Certain lands in the California Desert

9 Conservation Area and the Bakersfield District, of

10 the Bureau of Land Management, which comprise

11 approximately fifty-one thousand nine hundred

12 acres, as generally depicted on two maps entitled

13 ‘‘Sacatar Trail Wilderness—Proposed 1’’ and

14 ‘‘Sacatar Trail Wilderness—Proposed 2’’, dated May

15 1991, and which shall be known as the Sacatar Trail

16 Wilderness.

17 (57) Certain lands in the California Desert

18 Conservation Area, of the Bureau of Land Manage19 ment, which comprise approximately one thousand

20 four hundred and forty acres, as generally depicted

21 on a map entitled ‘‘Saddle Peak Hills Wilderness—

22 Proposed’’, dated July 1993, and which shall be

23 known as the Saddle Peak Hills Wilderness.

24 (58) Certain lands in the California Desert

25 Conservation Area, of the Bureau of Land Manage-
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1 ment, which comprise approximately thirty-seven

2 thousand nine hundred and eighty acres, as gen3 erally depicted on a map entitled ‘‘San Gorgonio

4 Wilderness Additions—Proposed’’, dated July 1993,

5 and which are hereby incorporated in, and which

6 shall be deemed to be a part of, the San Gorgonio

7 Wilderness as designated by Public Laws 88–577

8 and 98–425.

9 (59) Certain lands in the California Desert

10 Conservation Area, of the Bureau of Land Manage11 ment, which comprise approximately sixty-four thou12 sand three hundred and forty acres, as generally de13 picted on a map entitled ‘‘Santa Rosa Wilderness

14 Additions—Proposed’’, dated March 1994, and

15 which are hereby incorporated in, and which shall be

16 deemed to be part of, the Santa Rosa Wilderness

17 designated by Public Law 98–425.

18 (60) Certain lands in the California Desert Dis19 trict, of the Bureau of Land Management, which

20 comprise approximately thirty-five thousand and

21 eighty acres, as generally depicted on a map entitled

22 ‘‘Sawtooth Mountains Wilderness—Proposed’’, dated

23 July 1993, and which shall be known as the Saw24 tooth Mountains Wilderness.
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1 (61) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately one hundred

4 seventy-four thousand eight hundred acres, as gen5 erally depicted on two maps entitled ‘‘Sheephole Val6 ley Wilderness—Proposed 1’’, dated July 1993, and

7 ‘‘Sheephole Valley Wilderness—Proposed 2’’, dated

8 July 1993, and which shall be known as the

9 Sheephole Valley Wilderness.

10 (62) Certain lands in the California Desert

11 Conservation Area, of the Bureau of Land Manage12 ment, which comprise approximately sixteen thou13 sand seven hundred and eighty acres, as generally

14 depicted on a map entitled ‘‘South Nopah Range

15 Wilderness—Proposed’’, dated February 1986, and

16 which shall be known as the South Nopah Range

17 Wilderness.

18 (63) Certain lands in the California Desert

19 Conservation Area, of the Bureau of Land Manage20 ment, which comprise approximately seven thousand

21 and fifty acres, as generally depicted on a map enti22 tled ‘‘Stateline Wilderness—Proposed’’, dated May

23 1991, and which shall be known as the Stateline

24 Wilderness.
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1 (64) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately eighty-one

4 thousand six hundred acres, as generally depicted on

5 a map entitled ‘‘Stepladder Mountains Wilderness—

6 Proposed’’, dated February 1986, and which shall be

7 known as the Stepladder Mountains Wilderness.

8 (65) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, which comprise approximately twenty-nine

11 thousand one hundred and eighty acres, as generally

12 depicted on a map entitled ‘‘Surprise Canyon Wil13 derness—Proposed’’, dated September 1991, and

14 which shall be known as the Surprise Canyon Wil15 derness.

16 (66) Certain lands in the California Desert

17 Conservation Area, of the Bureau of Land Manage18 ment, which comprise approximately seventeen thou19 sand eight hundred and twenty acres, as generally

20 depicted on a map entitled ‘‘Sylvania Mountains

21 Wilderness—Proposed’’, dated February 1986, and

22 which shall be known as the Sylvania Mountains

23 Wilderness.

24 (67) Certain lands in the California Desert

25 Conservation Area, of the Bureau of Land Manage-
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1 ment, which comprise approximately thirty-one thou2 sand one hundred and sixty acres, as generally de3 picted on a map entitled ‘‘Trilobite Wilderness—

4 Proposed’’, dated July 1993, and which shall be

5 known as the Trilobite Wilderness.

6 (68) Certain lands in the California Desert

7 Conservation Area, of the Bureau of Land Manage8 ment, which comprise approximately one hundred

9 forty-four thousand five hundred acres, as generally

10 depicted on a map entitled ‘‘Turtle Mountains Wil11 derness—Proposed 1’’, dated February 1986 and a

12 map entitled ‘‘Turtle Mountains Wilderness—Pro13 posed 2’’, dated May 1991, and which shall be

14 known as the Turtle Mountains Wilderness.

15 (69) Certain lands in the California Desert

16 Conservation Area and the Yuma District, of the

17 Bureau of Land Management, which comprise ap18 proximately seventy-seven thousand five hundred

19 and twenty acres, as generally depicted on a map en20 titled ‘‘Whipple Mountains Wilderness—Proposed’’,

21 dated July 1993, and which shall be known as the

22 Whipple Mountains Wilderness.

23 SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

24 (a) MANAGEMENT.—Subject to valid existing rights,

25 each wilderness area designated under section 102 shall
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1 be administered by the Secretary of the Interior (herein2 after in this Act referred to as the ‘‘Secretary’’) or the

3 Secretary of Agriculture, as appropriate, in accordance

4 with the provisions of the Wilderness Act, except that any

5 reference in such provisions to the effective date of the

6 Wilderness Act shall be deemed to be a reference to the

7 effective date of this title and any reference to the Sec8 retary of Agriculture shall be deemed to be a reference

9 to the Secretary who has administrative jurisdiction over

10 the area.

11 (b) MAP AND LEGAL DESCRIPTIONS.—As soon as

12 practicable after the date of enactment of section 102, the

13 Secretary concerned shall file a map and legal description

14 for each wilderness area designated under this title with

15 the Committee on Energy and Natural Resources of the

16 United States Senate and the Committee on Natural Re17 sources of the United States House of Representatives.

18 Each such map and description shall have the same force

19 and effect as if included in this title, except that the Sec20 retary or the Secretary of Agriculture, as appropriate, may

21 correct clerical and typographical errors in each such legal

22 description and map. Each such map and legal description

23 shall be on file and available for public inspection in the

24 office of the Director of the Bureau of Land Management,
29

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1 Department of the Interior, or the Chief of the Forest

2 Service, Department of Agriculture, as appropriate.

3 (c) LIVESTOCK.—Within the wilderness areas des4 ignated under section 102, the grazing of livestock, where

5 established prior to the date of enactment of this Act, shall

6 be permitted to continue subject to such reasonable regu7 lations, policies, and practices as the Secretary deems nec8 essary, as long as such regulations, policies, and practices

9 fully conform with and implement the intent of Congress

10 regarding grazing in such areas as such intent is expressed

11 in the Wilderness Act and section 101(f) of Public Law

12 101–628.

13 (d) NO BUFFER ZONES.—The Congress does not in14 tend for the designation of wilderness areas in section 102

15 of this Act to lead to the creation of protective perimeters

16 or buffer zones around any such wilderness area. The fact

17 that nonwilderness activities or uses can be seen or heard

18 from areas within a wilderness area shall not, of itself,

19 preclude such activities or uses up to the boundary of the

20 wilderness area.

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

22 4(d)(7) of the Wilderness Act, nothing in this title shall

23 be construed as affecting the jurisdiction of the State of

24 California with respect to wildlife and fish on the public

25 lands located in that State.
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1 (f) WILDLIFE MANAGEMENT.—In furtherance of the

2 purposes of the Wilderness Act, management activities to

3 maintain or restore fish and wildlife populations and the

4 habitats to support such populations may be carried out

5 within wilderness areas designated by this title, where con6 sistent with relevant wilderness management plans, in ac7 cordance with appropriate policies and guidelines, as set

8 forth in section 101(h) of Public Law 101–628.

9 (g) LAW ENFORCEMENT BORDER ACTIVITIES.—

10 Nothing in this Act, including the designation as wilder11 ness of lands within the Coyote, Fish Creek Mountains,

12 and Jacumba wilderness areas designated in section 102

13 of this Act, the Wilderness Act, or other land management

14 laws generally applicable to such areas, shall restrict or

15 preclude continued law enforcement and border operations

16 within such areas, including the use of motor vehicles and

17 aircraft by the Immigration and Naturalization Service,

18 the Drug Enforcement Administration, the United States

19 Customs Service, or State and local law enforcement agen20 cies in such manner and subject to such restrictions as

21 may be determined by the Attorney General of the United

22 States or Secretary of the Treasury, as appropriate, in

23 consultation with the Secretary.
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1 SEC. 104. WILDERNESS REVIEW.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the Congress hereby finds and directs that lands in

4 the California Desert Conservation Area, of the Bureau

5 of Land Management, not designated as wilderness or wil6 derness study areas by this Act have been adequately stud7 ied for wilderness designation pursuant to section 603 of

8 the Federal Land Policy and Management Act of 1976

9 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are no longer

10 subject to the requirement of section 603(c) of the Federal

11 Land Policy and Management Act of 1976 pertaining to

12 the management of wilderness study areas in a manner

13 that does not impair the suitability of such areas for pres14 ervation as wilderness.

15 (b) AREAS NOT RELEASED.—The following areas

16 shall continue to be subject to the requirements of section

17 603(c) of the Federal Land Policy and Management Act

18 of 1976, pertaining to the management of wilderness

19 study areas in a manner that does not impair the suit20 ability of such areas for preservation as wilderness—

21 (1) certain lands which comprise approximately

22 sixty-one thousand three hundred and twenty, as

23 generally depicted on a map entitled ‘‘Avawatz

24 Mountains Wilderness—Proposed’’, dated May

25 1991;
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1 (2) certain lands which comprise approximately

2 thirty-nine thousand seven hundred and fifty acres,

3 as generally depicted on a map entitled ‘‘Kingston

4 Range Wilderness—Proposed 4’’, dated July 1993;

5 (3) certain lands which comprise approximately

6 eighty thousand four hundred and thirty acres, as

7 generally depicted on two maps entitled ‘‘Soda

8 Mountains Wilderness—Proposed 1’’, dated May

9 1991, and ‘‘Soda Mountains Wilderness—Proposed

10 2’’, dated January 1989;

11 (4) certain lands which compromise approxi12 mately twenty-three thousand two hundred and fifty

13 acres, as generally depicted on a map entitled

14 ‘‘South Avawatz Mountains—Proposed’’, dated May

15 1991;

16 (5) certain lands which comprise approximately

17 seventeen thousand two hundred and eighty acres,

18 as generally depicted on a map entitled ‘‘Death Val19 ley National Park Boundary and Wilderness 17—

20 Proposed’’, dated July 1993;

21 (6) certain lands which comprise approximately

22 eight thousand eight hundred acres, as generally de23 picted on a map entitled ‘‘Great Falls Basin Wilder24 ness—Proposed’’, dated February 1986; and
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1 (7) certain lands which comprise approximately

2 eighty-four thousand four hundred acres, as gen3 erally depicted on a map entitled ‘‘Cady Mountains

4 Wilderness—Proposed’’, dated July 1993.

5 (c) WITHDRAWAL.—Subject to valid existing rights,

6 the Federal lands referred to in subsection (b) are hereby

7 withdrawn from all forms of entry, appropriation, or dis8 posal under the public land laws; from location, entry, and

9 patent under the United States mining laws; and from dis10 position under all laws pertaining to mineral and geo11 thermal leasing, and mineral materials, and all amend12 ments thereto.

13 SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.

14 In furtherance of the provisions of the Wilderness

15 Act, certain lands in the California Desert Conservation

16 Area, of the Bureau of Land Management, which comprise

17 approximately eleven thousand two hundred acres as gen18 erally depicted on a map entitled ‘‘White Mountains Wil19 derness Study Area—Proposed’’, dated May 1991, are

20 hereby designated as the White Mountains Wilderness

21 Study Area and shall be administered by the Secretary

22 in accordance with the provisions of section 603(c) of the

23 Federal Land Policy and Management Act of 1976 (43

24 U.S.C. 1782).
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1 SEC. 106. SUITABILITY REP0RT.

2 The Secretary is required, ten years after the date

3 of enactment of this Act, to report to Congress on current

4 and planned exploration, development or mining activities

5 on, and suitability for future wilderness designation of, the

6 lands as generally depicted on maps entitled ‘‘Surprise

7 Canyon Wilderness—Proposed’’, ‘‘Middle Park Canyon

8 Wilderness—Proposed’’, and ‘‘Death Valley National Park

9 Boundary and Wilderness 15’’, dated September 1991 and

10 a map entitled ‘‘Manly Peak Wilderness—Proposed’’,

11 dated October 1991.

12 SEC. 107. DESERT LILY SANCTUARY.

13 (a) DESIGNATION.—There is hereby established the

14 Desert Lily Sanctuary within the California Desert Con15 servation Area, California, of the Bureau of Land Man16 agement, comprising approximately two thousand forty

17 acres, as generally depicted on a map entitled ‘‘Desert Lily

18 Sanctuary’’, dated February 1986. The Secretary shall ad19 minister the area to provide maximum protection to the

20 desert lily.

21 (b) WITHDRAWAL.—Subject to valid existing rights,

22 all Federal lands within the Desert Lily Sanctuary are

23 hereby withdrawn from all forms of entry, appropriation,

24 or disposal under the public land laws; from location,

25 entry, and patent under the United States mining laws;

26 and from disposition under all laws pertaining to mineral
35

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1 and geothermal leasing, and mineral materials, and all

2 amendments thereto.

3 SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVI4 RONMENTAL CONCERN.

5 (a) DESIGNATION.—There is hereby established the

6 Dinosaur Trackway Area of Critical Environmental Con7 cern within the California Desert Conservation Area, of

8 the Bureau of Land Management, comprising approxi9 mately five hundred and ninety acres as generally depicted

10 on a map entitled ‘‘Dinosaur Trackway Area of Critical

11 Environmental Concern’’, dated July 1993. The Secretary

12 shall administer the area to preserve the paleontological

13 resources within the area.

14 (b) WITHDRAWAL.—Subject to valid existing rights,

15 the Federal lands within and adjacent to the Dinosaur

16 Trackway Area of Critical Environmental Concern, as

17 generally depicted on a map entitled ‘‘Dinosaur Trackway

18 Mineral Withdrawal Area’’, dated July 1993, are hereby

19 withdrawn from all forms of entry, appropriation, or dis20 posal under the public land laws; from location, entry, and

21 patent under the United States mining laws; and from dis22 position under all laws pertaining to mineral and geo23 thermal leasing, and mineral materials, and all amend24 ments thereto.
36

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1 TITLE II—DESIGNATION OF WILDERNESS

2 AREAS TO BE ADMINISTERED BY THE

3 UNITED STATES FISH AND WILDLIFE

4 SERVICE

5 SEC. 201. DESIGNATION AND MANAGEMENT.

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

7 the Wilderness Act, the following lands are hereby des8 ignated as wilderness and therefore, as components of the

9 National Wilderness Preservation System:

10 (1) Certain lands in the Havasu National Wild11 life Refuge, California, which comprise approxi12 mately three thousand one hundred and ninety-five

13 acres, as generally depicted on a map entitled

14 ‘‘Havasu Wilderness—Proposed’’, and dated October

15 1991, and which shall be known as the Havasu Wil16 derness.

17 (2) Certain lands in the Imperial National

18 Wildlife Refuge, California, which comprise approxi19 mately five thousand eight hundred and thirty-six

20 acres, as generally depicted on two maps entitled

21 ‘‘Imperial Refuge Wilderness—Proposed 1’’ and

22 ‘‘Imperial Refuge Wilderness—Proposed 2’’, and

23 dated October 1991, and which shall be known as

24 the Imperial Refuge Wilderness.
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1 (b) MANAGEMENT.—Subject to valid existing rights,

2 the wilderness areas designated under this title shall be

3 administered by the Secretary in accordance with the pro4 visions of the Wilderness Act governing areas designated

5 by that Act as wilderness, except that any reference in

6 such provisions to the effective date of the Wilderness Act

7 (or any similar reference) shall be deemed to be a ref8 erence to the date of enactment of this Act.

9 (c) MAPS AND LEGAL DESCRIPTION.—As soon as

10 practicable after enactment of this title, the Secretary

11 shall file a map and a legal description of each wilderness

12 area designated under this section with the Committees

13 on Energy and Natural Resources and Environment and

14 Public Works of the United States Senate and Natural

15 Resources and Merchant Marine and Fisheries of the

16 United States House of Representatives. Such map and

17 description shall have the same force and effect as if in18 cluded in this Act, except that correction of clerical and

19 typographical errors in such legal description and map

20 may be made. Such map and legal description shall be on

21 file and available for public inspection in the Office of the

22 Director, United States Fish and Wildlife Service, Depart23 ment of the Interior.
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1 SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.

2 Nothing in this title shall be construed to affect the

3 operation of federally owned dams located on the Colorado

4 River in the Lower Basin.

5 SEC. 203. NO EFFECT ON UPPER BASIN.

6 Nothing in this Act shall amend, construe, supersede,

7 or preempt any State law, Federal law, interstate com8 pact, or international treaty pertaining to the Colorado

9 River (including its tributaries) in the Upper Basin, in10 cluding, but not limited to the appropriation, use, develop11 ment, storage, regulation, allocation, conservation, expor12 tation, or quality of those rivers.

13 SEC. 204. COLORADO RIVER.

14 With respect to the Havasu and Imperial wilderness

15 areas designated by subsection 201(a) of this title, no

16 rights to water of the Colorado River are reserved, either

17 expressly, impliedly, or otherwise.

18 TITLE III—DEATH VALLEY NATIONAL

19 PARK

20 SEC. 301. FINDINGS.

21 The Congress hereby finds that—

22 (1) proclamations by Presidents Herbert Hoo23 ver in 1933 and Franklin Roosevelt in 1937 estab24 lished and expanded the Death Valley National

25 Monument for the preservation of the unusual fea-
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1 tures of scenic, scientific, and educational interest

2 therein contained;

3 (2) Death Valley National Monument is today

4 recognized as a major unit of the National Park

5 System, having extraordinary values enjoyed by mil6 lions of visitors;

7 (3) the monument boundaries established in the

8 1930’s exclude and thereby expose to incompatible

9 development and inconsistent management, contig10 uous Federal lands of essential and superlative natu11 ral, ecological, geological, archeological, paleontolog12 ical, cultural, historical ad wilderness values;

13 (4) Death Valley National Monument should be

14 substantially enlarged by the addition of all contig15 uous Federal lands of national park caliber and af16 forded full recognition and statutory protection as a

17 National Park; and

18 (5) the wilderness within Death Valley should

19 receive maximum statutory protection by designation

20 pursuant to the Wilderness Act.

21 SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL

22 PARK.

23 There is hereby established the Death Valley Na24 tional Park, (hereinafter in this title referred to as the

25 ‘‘park’’) as generally depicted on twenty-three maps enti-
40

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1 tled ‘‘Death Valley National Park Boundary and Wilder2 ness—Proposed’’, numbered in the title one through twen3 ty-three, and dated July 1993 or prior, which shall be on

4 file and available for public inspection in the offices of the

5 Superintendent of the park and the Director of the Na6 tional Park Service, Department of the Interior. The

7 Death Valley National Monument is hereby abolished as

8 such, the lands and interests therein are hereby incor9 porated within and made part of the new Death Valley

10 National Park, and any funds available for purposes of

11 the monument shall be available for purposes of the park.

12 SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.

13 Upon enactment of this title, the Secretary shall

14 transfer the lands under the jurisdiction of the Bureau

15 of Land Management depicted in the maps described in

16 section 302 of this title, without consideration, to the ad17 ministrative jurisdiction of the National Park Service for

18 administration as part of the National Park System, and

19 the boundary of the park shall be adjusted accordingly.

20 The Secretary shall administer the areas added to the

21 park by this title in accordance with the provisions of law

22 generally applicable to units of the National Park System,

23 including the Act entitled ‘‘An Act to establish a National

24 Park Service, and for other purposes’’, approved August

25 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).
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1 SEC. 304. MAPS AND LEGAL DESCRIPTION.

2 Within six months after the enactment of this title,

3 the Secretary shall file maps and a legal description of

4 the park designated under this title with the Committee

5 on Energy and Natural Resources of the United States

6 Senate and the Committee on Natural Resources of the

7 United States House of Representatives. Such maps and

8 legal description shall have the same force and effect as

9 if included in this title, except that the Secretary may cor10 rect clerical and typographical errors in such legal descrip11 tion and in the maps referred to in section 302. The maps

12 and legal description shall be on file and available for pub13 lic inspection in the offices of the Superintendent of the

14 park and the Director of the National Park Service, De15 partment of the Interior.

16 SEC. 305. WITHDRAWAL.

17 Subject to valid existing rights, all Federal lands

18 within the park are hereby withdrawn from all forms of

19 entry, appropriation, or disposal under the public land

20 laws; from location, entry, and patent under the United

21 States mining laws; and from disposition under all laws

22 pertaining to mineral and geothermal leasing, and mineral

23 materials, and all amendments thereto.

24 SEC. 306. GRAZING.

25 (a) IN GENERAL.—The privilege of grazing domestic

26 livestock on lands within the park shall continue to be ex-
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1 ercised at no more than the current level, subject to appli2 cable laws and National Park Service regulations.

3 (b) SALE OF PROPERTY.—If a person holding a graz4 ing permit referred to in subsection (a) informs the Sec5 retary that such permittee is willing to convey to the Unit6 ed States any base property with respect to which such

7 permit was issued and to which such permittee holds title,

8 the Secretary shall make the acquisition of such base prop9 erty a priority as compared with the acquisition of other

10 lands within the park, provided agreement can be reached

11 concerning the terms and conditions of such acquisition.

12 Any such base property which is located outside the park

13 and acquired as a priority pursuant to this section shall

14 be managed by the Federal agency responsible for the ma15 jority of the adjacent lands in accordance with the laws

16 applicable to such adjacent lands.

17 TITLE IV—JOSHUA TREE NATIONAL PARK

18 SEC. 401. FINDINGS.

19 The Congress hereby finds that—

20 (1) a proclamation by President Franklin Roo21 sevelt in 1936 established Joshua Tree National

22 Monument to protect various objects of historical

23 and scientific interest;

24 (2) Joshua Tree National Monument today is

25 recognized as a major unit of the National Park
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1 System, having extraordinary values enjoyed by mil2 lions of visitors;

3 (3) the monument boundaries as modified in

4 1950 and 1961 exclude and thereby expose to in5 compatible development and inconsistent manage6 ment, contiguous Federal lands of essential and su7 perlative natural, ecological, archeological, paleon8 tological, cultural, historical, and wilderness values;

9 (4) Joshua Tree National Monument should be

10 enlarged by the addition of contiguous Federal lands

11 of national park caliber, and afforded full recogni12 tion and statutory protection as a national park; and

13 (5) the nondesignated wilderness within Joshua

14 Tree should receive statutory protection by designa15 tion pursuant to the Wilderness Act.

16 SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL

17 PARK.

18 There is hereby established the Joshua Tree National

19 Park, (hereinafter in this section referred to as the

20 ‘‘park’’), as generally depicted on a map entitled ‘‘Joshua

21 Tree National Park Boundary—Proposed’’, dated May

22 1991, and four maps entitled ‘‘Joshua Tree National Park

23 Boundary and Wilderness’’, numbered in the title one

24 through four, and dated October 1991 or prior, which

25 shall be on file and available for public inspection in the
44

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1 offices of the Superintendent of the park and the Director

2 of the National Park Service, Department of the Interior.

3 The Joshua Tree National Monument is hereby abolished

4 as such, the lands and interests therein are hereby incor5 porated within and made part of the new Joshua Tree Na6 tional Park, and any funds available for purposes of the

7 monument shall be available for purposes of the park.

8 SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.

9 Upon enactment of this title, the Secretary shall

10 transfer the lands under the jurisdiction of the Bureau

11 of Land Management depicted on the maps described in

12 section 402 of this title, without consideration, to the ad13 ministrative jurisdiction of the National Park Service for

14 administration as part of the National Park System. The

15 boundaries of the park shall be adjusted accordingly. The

16 Secretary shall administer the areas added to the park by

17 this title in accordance with the provisions of law generally

18 applicable to units of the National Park System, including

19 the Act entitled ‘‘An Act to establish a National Park

20 Service, and for other purposes’’, approved August 25,

21 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).

22 SEC. 404. MAPS AND LEGAL DESCRIPTION.

23 Within six months after the date of enactment of this

24 title, the Secretary shall file maps and legal description

25 of the park with the Committee on Energy and Natural
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1 Resources of the United States Senate and the Committee

2 on Natural Resources of the United States House of Rep3 resentatives. Such maps and legal description shall have

4 the same force and effect as if included in this title, except

5 that the Secretary may correct clerical and typographical

6 errors in such legal description and maps. The maps and

7 legal description shall be on file and available for public

8 inspection in the appropriate offices of the National Park

9 Service, Department of the Interior.

10 SEC. 405. WITHDRAWAL.

11 Subject to valid existing rights, all Federal lands

12 within the park are hereby withdrawn from all forms of

13 entry, appropriation, or disposal under the public land

14 laws; from location, entry, and patent under the United

15 States mining laws; and from disposition under all laws

16 pertaining to mineral and geothermal leasing, and mineral

17 materials, and all amendments thereto.

18 SEC. 406. UTILITY RIGHTS-OF-WAY.

19 Nothing in this title shall have the effect of terminat20 ing any validly issued right-of-way or customary operation

21 maintenance, repair, and replacement activities in such

22 right-of-way, issued, granted, or permitted to the Metro23 politan Water District pursuant to the Boulder Canyon

24 Project Act (43 U.S.C. 617–619b), which is located on

25 lands included in the Joshua Tree National Park, but out-
46

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1 side lands designated as wilderness under section 601(2).

2 Such activities shall be conducted in a manner which will

3 minimize the impact on park resources. Nothing in this

4 title shall have the effect of terminating the fee title to

5 lands or customary operation, maintenance, repair, and

6 replacement activities on or under such lands granted to

7 the Metropolitan Water District pursuant to the Act on

8 June 18, 1932 (47 Stat. 324), which are located on lands

9 included in the Joshua Tree National Park, but outside

10 lands designated as wilderness under section 601(2). Such

11 activities shall be conducted in a manner which will mini12 mize the impact on park resources. The Secretary shall

13 prepare within one hundred and eighty days after the date

14 of enactment of this Act, in consultation with the Metro15 politan Water District, plans for emergency access by the

16 Metropolitan Water District to its lands and rights-of-way.

17 TITLE V—MOJAVE NATIONAL PARK

18 SEC. 501. FINDINGS.

19 The Congress hereby finds that—

20 (1) Death Valley and Joshua Tree National

21 Parks, as established by this Act, protect unique and

22 superlative desert resources, but do not embrace the

23 particular ecosystems and transitional desert type

24 found in the Mojave Desert area lying between them
47

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1 on public lands now afforded only impermanent ad2 ministrative designation as a national scenic area;

3 (2) the Mojave desert possesses outstanding

4 natural, cultural, historical, and recreational values

5 meriting statutory designation and recognition as a

6 unit of the National Park System;

7 (3) portions of the Mojave desert should be af8 forded full recognition and statutory protection as a

9 National Park;

10 (4) the wilderness within the Mojave desert

11 should receive maximum statutory protection by des12 ignation pursuant to the Wilderness Act; and

13 (5) the Mojave desert area provides an out14 standing opportunity to develop services, programs,

15 accommodations and facilities to ensure the use and

16 enjoyment of the area by individuals with disabil17 ities, consistent with section 504 of the Rehabilita18 tion Act of 1973, Public Law 101–336, the Ameri19 cans With Disabilities Act of 1990 (42 U.S.C.

20 12101), and other appropriate laws and regulations.

21 SEC. 502. ESTABLISHMENT OF MOJAVE NATIONAL PARK.

22 There is hereby established the Mojave National Park

23 (hereinafter in this title referred to as the ‘‘park’’) com24 prising approximately one million one hundred eighty-one

25 thousand three hundred and fifty acres, as generally de-
48

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1 picted on a map entitled ‘‘Mojave National Park Bound2 ary—Proposed’’, dated March 1994, which shall be on file

3 and available for inspection in the appropriate offices of

4 the National Park Service, Department of the Interior.

5 SEC. 503. TRANSFER OF LANDS.

6 Upon enactment of this title, the Secretary shall

7 transfer the lands under the jurisdiction of the Bureau

8 of Land Management depicted on the maps described in

9 section 502 of this title, without consideration, to the ad10 ministrative jurisdiction of the National Park Service.

11 SEC. 504. MAPS AND LEGAL DESCRIPTION.

12 Within six months after the date of enactment of this

13 title, the Secretary shall file maps and a legal description

14 of the park with the Committee on Energy and Natural

15 Resources of the United States Senate and the Committee

16 on Natural Resources of the United States House of Rep17 resentatives. Such maps and legal descriptions shall have

18 the same force and effect as if included in this title, except

19 that the Secretary may correct clerical and typographical

20 errors in such legal descriptions and maps. The maps and

21 legal description shall be on file and available for public

22 inspection in the appropriate offices of the National Park

23 Service, Department of the Interior.
49

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1 SEC. 505. ABOLISHMENT OF SCENIC AREA.

2 The East Mojave Scenic Area, designated on January

3 13, 1981 (46 FR 3994), and modified on August 9, 1983

4 (48 FR 36210), is hereby abolished.

5 SEC. 506. ADMINISTRATION OF PARK.

6 The Secretary shall administer the park in accord7 ance with this title and with the provisions of law generally

8 applicable to units of the National Park System, including

9 the Act entitled ‘‘An Act to establish a National Park

10 Service, and for other purposes’’, approved August 25,

11 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).

12 SEC. 507. WITHDRAWAL.

13 Subject to valid existing rights, all Federal lands

14 within the park are hereby withdrawn from all forms of

15 entry, appropriation, or disposal under the public land

16 laws; from location, entry, and patent under the United

17 States mining laws; and from disposition under all laws

18 pertaining to mineral and geothermal leasing, and mineral

19 materials, and all amendments thereto.

20 SEC. 508. REGULATION OF MINING.

21 Subject to valid existing rights, all mining claims lo22 cated within the park shall be subject to all applicable laws

23 and regulations applicable to mining within units of the

24 National Park System, including the Mining in the Parks

25 Act (16 U.S.C. 1901 et seq.), and any patent issued after

26 the date of enactment of this title shall convey title only
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1 to the minerals together with the right to use the surface

2 of lands for mining purposes, subject to such laws and

3 regulations.

4 SEC. 509. GRAZING.

5 (a) IN GENERAL.—The privilege of grazing domestic

6 livestock on lands within the park shall continue to be ex7 ercised at no more than the current level, subject to appli8 cable laws and National Park Service regulations.

9 (b) OFFERS TO SELL.—If a person holding a grazing

10 permit referred to in subsection (a) informs the Secretary

11 that such permittee is willing to convey to the United

12 States any base property with respect to which the permit

13 was issued and to which such permittee holds title, the

14 Secretary shall make the acquisition of such base property

15 a priority as compared with the acquisition of other lands

16 within the park, provided agreement can be reached con17 cerning the terms and conditions of such acquisition. Any

18 such base property which is located outside the park and

19 acquired as a priority pursuant to this section shall be

20 managed by the Federal agency responsible for the major21 ity of the adjacent lands in accordance with the laws appli22 cable to such adjacent lands.

23 SEC. 510. UTILITY RIGHTS OF WAY.

24 (a)(1) Nothing in this title shall have the effect of

25 terminating any validly issued rights-of-way or customary
51

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1 operation, maintenance, repair, and replacement activities

2 in such rights-of-way, issued, granted, or permitted to

3 Southern California Edison Company, its successors or as4 signs, which is located on lands included in the Mojave

5 National Park, but outside lands designated as wilderness

6 under section 601(3). Such activities shall be conducted

7 in a manner which will minimize the impact on park re8 sources.

9 (2) Nothing in this title shall have the effect of pro10 hibiting the upgrading of an existing electrical trans11 mission line for the purpose of increasing the capacity of

12 such transmission line in the Southern California Edison

13 Company validly issued Eldorado-Lugo Transmission Line

14 right-of-way and Mojave-Lugo Transmission Line right15 of-way, or in a right-of-way if issued, granted, or per16 mitted by the Secretary adjacent to the existing Mojave17 Lugo Transmission Line right-of-way (hereafter in this

18 section referred to as ‘‘adjacent right-of-way’’), including

19 construction of a replacement transmission line: Provided,

20 That—

21 (A) in the Eldorado-Lugo Transmission Line

22 rights-of-way (hereafter in this section referred to as

23 the ‘‘Eldorado-Lugo right-of-way’’) at no time shall

24 there be more than 3 electrical transmission lines,
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1 (B) in the Mojave-Lugo Transmission Line

2 right-of-way (hereafter in this section referred to as

3 the ‘‘Mojave right-of-way’’) and adjacent right-of4 way, removal of the existing electrical transmission

5 line and reclamation of the site shall be completed

6 no later than three years after the date on which

7 construction of the upgraded transmission line be8 gins, after which time there may be only one elec9 trical transmission line in the lands encompassed by

10 Mojave right-of-way and adjacent right-of-way,

11 (C) if there are no more than two electrical

12 transmission lines in the Eldorado rights-of-way, two

13 electrical transmission lines in the lands encom14 passed by the Mojave right-of-way and adjacent

15 right-of-way may be allowed,

16 (D) in the Eldorado rights-of-way and Mojave

17 right-of-way no additional land shall be issued,

18 granted, or permitted for such upgrade unless an

19 addition would reduce the impacts to park resources,

20 (E) no more than three hundred and fifty feet

21 of additional land shall be issued, granted, or per22 mitted for an adjacent right-of-way to the south of

23 the Mojave right-of-way unless a greater addition

24 would reduce the impacts to park resources, and
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1 (F) such upgrade activities, including helicopter

2 aided construction, shall be conducted in a manner

3 which will minimize the impact on park resources.

4 (3) The Secretary shall prepare within one hundred

5 and eighty days after the date of enactment of this title,

6 in consultation with the Southern California Edison Com7 pany, plans for emergency access by the Southern Califor8 nia Edison Company to its rights-of-way.

9 (b)(1) Nothing in this title shall have the effect of

10 terminating any validly issued right-of-way, or customary

11 operation, maintenance, repair, and replacement activities

12 in such right-of-way; prohibiting the upgrading of and

13 construction on existing facilities in such right-of-way for

14 the purpose of increasing the capacity of the existing pipe15 line; or prohibiting the renewal of such right-of-way; is16 sued, granted, or permitted to the Southern California

17 Gas Company, its successors or assigns, which is located

18 on lands included in the Mojave National Park, but out19 side lands designated as wilderness under section 601(3).

20 Such activities shall be conducted in a manner which will

21 minimize the impact on park resources.

22 (2) The Secretary shall prepare within one hundred

23 and eighty days after the date of enactment of this title,

24 in consultation with the Southern California Gas Com-
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1 pany, plans for emergency access by the Southern Califor2 nia Gas Company to its rights-of-way.

3 (c) Nothing in this title shall have the effect of termi4 nating any validly issued right-of-way or customary oper5 ation, maintenance, repair, and replacement activities of

6 existing facilities issued, granted, or permitted for commu7 nications cables or lines, which are located on lands in8 cluded in the Mojave National Park, but outside lands des9 ignated as wilderness under section 601(3). Such activities

10 shall be conducted in a manner which will minimize the

11 impact on park resources.

12 (d) Nothing in this title shall have the effect of termi13 nating any validly issued right-of-way or customary oper14 ation, maintenance, repair, and replacement activities of

15 existing facilities issued, granted, or permitted to Molyb16 denum Corporation of America; Molycorp, Incorporated;

17 or Union Oil Company of California (d/b/a Unocal Cor18 poration); or its successors or assigns, or prohibiting re19 newal of such right-of-way, which is located on lands in20 cluded in the Mojave National Park, but outside lands des21 ignated as wilderness under section 601(3). Such activities

22 shall be conducted in a manner which will minimize the

23 impact on park resources.
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1 SEC. 511. GENERAL MANAGEMENT PLAN.

2 (a) IN GENERAL.—Within three years of the date of

3 enactment of this title, the Secretary shall submit to the

4 Committee on Energy and Natural Resources of the Unit5 ed States Senate and the Committee on Natural Resources

6 of the United States House of Representatives a detailed

7 and comprehensive management plan for the park.

8 (b) KELSO DEPOT.—Such plan shall place emphasis

9 on historical and cultural sites and ecological and wilder10 ness values within the boundaries of the park, and shall

11 evaluate the feasibility of using the Kelso Depot and exist12 ing railroad corridor to provide public access to and a fa13 cility for special interpretive, educational, and scientific

14 programs within the park.

15 (c) NEEDS OF INDIVIDUALS WITH DISABILITIES.—

16 Such plan shall specifically address the needs of individ17 uals with disabilities in the design of services, programs,

18 accommodations and facilities consistent with section 504

19 of the Rehabilitation Act of 1973, the Americans with Dis20 abilities Act of 1990 (42 U.S.C. 12101), and other appro21 priate laws and regulations.

22 SEC. 512. GRANITE MOUNTAINS NATURAL RESERVE.

23 (a) ESTABLISHMENT.—There is hereby designated

24 the Granite Mountains Natural Reserve within the park

25 comprising approximately nine thousand acres as gen26 erally depicted on a map entitled ‘‘Mojave National Park
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1 Boundary and Wilderness—Proposed 6’’, dated May

2 1991.

3 (b) COOPERATIVE MANAGEMENT AGREEMENT.—

4 Upon enactment of this title, the Secretary shall enter into

5 a cooperative management agreement with the University

6 of California for the purposes of managing the lands with7 in the Granite Mountains Natural Reserve. Such coopera8 tive agreement shall ensure continuation of arid lands re9 search and educational activities of the University of Cali10 fornia, consistent with the provisions of this title and laws

11 generally applicable to units of the National Park System.

12 SEC. 513. SODA SPRINGS DESERT STUDY CENTER.

13 Upon enactment of this title, the Secretary shall

14 enter into a cooperative management agreement with Cali15 fornia State University for the purposes of managing fa16 cilities at the Soda Springs Desert Study Center. Such

17 cooperative agreement shall ensure continuation of the

18 desert research and educational activities of California

19 State University, consistent with the provisions of this title

20 and laws generally applicable to units of the National Park

21 System.

22 SEC. 514. CONSTRUCTION OF VISITOR CENTER.

23 The Secretary is authorized to construct a visitor cen24 ter in the park for the purpose of providing information
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1 through appropriate displays, printed material, and other

2 interpretive programs, about the resources of the park.

3 SEC. 515. ACQUISITION OF LANDS

4 IN GENERAL.—The Secretary is authorized to ac5 quire all lands and interests therein within the boundary

6 of the park by donation, purchase, or exchange, except

7 that—

8 (1) any lands or interests therein within the

9 boundary of the park which are owned by the State

10 of California, or any political subdivision thereof,

11 may be acquired only by donation or exchange ex12 cept for lands managed by California State Lands

13 Commission; and

14 (2) lands or interests therein within the bound15 ary of the park which are not owned by the State

16 of California or any political subdivision thereof may

17 be acquired only with the consent of the owner

18 thereof unless the Secretary determines, after writ19 ten notice to the owner and after opportunity for

20 comment, that the property is being developed, or

21 proposed to be developed, in a manner which is det22 rimental to the integrity of the park or which is oth23 erwise incompatible with the purposes of this title:

24 Provided, however, That the construction, modifica25 tion, repair, improvement, or replacement of a sin-
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1 gle-family residence shall not be determined to be

2 detrimental to the integrity of the park or incompat3 ible with the purposes of this title.

4 SEC. 516. SUITABILITY REPORT.

5 The Secretary is required, twenty years after the date

6 of enactment of this title, to report to Congress on current

7 and planned exploration, development or mining activities

8 on, and suitability for future park designation of, the

9 lands as generally depicted on a map entitled ‘‘Mojave Na10 tional Park Study Area— Proposed’’, dated July 1992.

11 SEC. 517. ADVISORY COMMISSION.

12 (a) There is hereby established the Mojave National

13 Park Advisory Commission (hereinafter in this section re14 ferred to as the ‘‘Advisory Commission’’).

15 (b) The Advisory Commission shall be composed of

16 fifteen members appointed by the Secretary for terms of

17 three years each.

18 (c) Any vacancy in the Advisory Commission shall be

19 filled in the same manner in which the original appoint20 ment was made.

21 (d) Members of the Advisory Commission shall serve

22 without compensation as such, but the Secretary may pay,

23 upon vouchers signed by the Chairman, the expenses rea24 sonably incurred by the Commission and its members in

25 carrying out their responsibilities under this Act.
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1 (e) The Secretary, or his designee, shall from time

2 to time, but at least annually, meet and consult with the

3 Advisory Commission on general policies and specific mat4 ters related to planning, administration and development

5 affecting the park.

6 (f) The Advisory Commission shall act and advise by

7 affirmative vote of the majority of the members thereof.

8 (g) The Advisory Commission shall cease to exist ten

9 years after the enactment of this Act.

10 TITLE VI—NATIONAL PARK WILDERNESS

11 SEC. 601. DESIGNATION OF WILDERNESS.

12 (a) In furtherance of the purposes of the Wilderness

13 Act (78 Stat. 890; 16 U.S.C. 1311 et seq.), the following

14 lands within the units of the National Park System des15 ignated by this Act are hereby designated as wilderness,

16 and therefore, as components of the National Wilderness

17 Preservation System:

18 (1) Death Valley National Park Wilderness,

19 comprising approximately three million one hundred

20 fifty-eight thousand thirty-eight acres, as generally

21 depicted on twenty-three maps entitled ‘‘Death Val22 ley National Park Boundary and Wilderness’’, num23 bered in the title one through twenty-three, and

24 dated October 1993 or prior, and three maps enti25 tled ‘‘Death Valley National Park Wilderness’’, num-
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1 bered in the title one through three, and dated July

2 1993 or prior, and which shall be known as the

3 Death Valley Wilderness.

4 (2) Joshua Tree National Park Wilderness Ad5 ditions, comprising approximately one hundred thir6 ty-one thousand seven hundred and eighty acres, as

7 generally depicted on four maps entitled ‘‘Joshua

8 Tree National Park Boundary and Wilderness—Pro9 posed’’, numbered in the title one through four, and

10 dated October 1991 or prior, and which are hereby

11 incorporated in, and which shall be deemed to be a

12 part of the Joshua Tree Wilderness as designated by

13 Public Law 94–567.

14 (3) Mojave Naional Park Wilderness, compris15 ing approximately six hundred ninety-five thousand

16 two hundred acres, as generally depicted on ten

17 maps entitled ‘‘Mojave National Park Boundary and

18 Wilderness—Proposed’’, and numbered in the title

19 one through ten, and dated March 1994 or prior,

20 and seven maps entitled ‘‘Mojave National Park Wil21 derness—Proposed’’, numbered in the title one

22 through seven, and dated March 1994 or prior, and

23 which shall be known as the Mojave Wilderness.

24 (b) POTENTIAL WILDERNESS.—Upon cessation of all

25 uses prohibited by the Wilderness Act and publication by
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1 the Secretary in the Federal Register of notice of such

2 cessation, potential wilderness, comprising approximately

3 six thousand eight hundred and forty acres, as described

4 in ‘‘1988 Death Valley National Monument Draft General

5 Management Plan Draft Environmental Impact State6 ment’’ (hereafter in this title referred to as ‘‘Draft Plan’’)

7 and as generally depicted on map in the Draft Plan enti8 tled ‘‘Wilderness Plan Death Valley National Monument’’,

9 dated January 1988, and which shall be deemed to be a

10 part of the Death Valley Wilderness as designated in para11 graph (1). Lands identified in the Draft Plan as potential

12 wilderness shall be managed by the Secretary insofar as

13 practicable as wilderness until such time as said lands are

14 designated as wilderness.

15 SEC. 602. FILING OF MAPS AND DESCRIPTIONS.

16 Maps and a legal description of the boundaries of the

17 areas designated in section 601 of this title shall be on

18 file and available for public inspection in the appropriate

19 offices of the National Park Service, Department of the

20 Interior. As soon as practicable after the date of enact21 ment of this title takes effect, maps and legal descriptions

22 of the wilderness areas shall be filed with the Committee

23 on Energy and Natural Resources of the United States

24 Senate and the Committee on Natural Resources of the

25 United States House of Representatives, and such maps
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1 and legal descriptions shall have the same force and effect

2 as if included in this title, except that the Secretary may

3 correct clerical and typographical errors in such maps and

4 legal descriptions.

5 SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.

6 The areas designated by section 601 of this title as

7 wilderness shall be administered by the Secretary in ac8 cordance with the applicable provisions of the Wilderness

9 Act governing areas designated by that title as wilderness,

10 except that any reference in such provision to the effective

11 date of the Wilderness Act shall be deemed to be a ref12 erence to the effective date of this title, and where appro13 priate, and reference to the Secretary of Agriculture shall

14 be deemed to be a reference to the Secretary of the Inte15 rior.

16 TITLE VII—MISCELLANEOUS PROVISIONS

17 SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON

18 STATE PARK.

19 Upon enactment of this title, the Secretary shall

20 transfer to the State of California certain lands within the

21 California Desert Conservation Area, California, of the

22 Bureau of Land Management, comprising approximately

23 twenty thousand five hundred acres, as generally depicted

24 on two maps entitled ‘‘Red Rock Canyon State Park Addi25 tions 1’’ and ‘‘Red Rock Canyon State Park Additions 2’’,
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1 dated May 1991, for inclusion in the State of California

2 Park System. Should the State of California cease to man3 age these lands as part of the State Park System, owner4 ship of the lands shall revert to the Department of the

5 Interior to be managed as part of California Desert Con6 servation Area to provide maximum protection for the

7 area’s scenic and scientific values.

8 SEC. 702. LAND TENURE ADJUSTMENTS.

9 In preparing land tenure adjustment decisions with

10 the California Desert Conservation Area, of the Bureau

11 of Land Management, the Secretary shall give priority to

12 consolidating Federal ownership within the national park

13 units and wilderness areas designated by this Act.

14 SEC. 703. LAND DISPOSAL.

15 Except as provided in section 406, none of the lands

16 within the boundaries of the wilderness or park areas des17 ignated under this Act shall be granted to or otherwise

18 made available for use by the Metropolitan Water District

19 or any other agencies or persons pursuant to the Boulder

20 Canyon Project Act (43 U.S.C. 617–619b) or any similar

21 acts.

22 SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.

23 Any lands within the boundaries of a wilderness area

24 designated under this Act which are acquired by the Fed25 eral Government, shall become part of the wilderness area
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1 within which they are located and shall be managed in

2 accordance with all the provisions of this Act and other

3 laws applicable to such wilderness area.

4 SEC. 705. NATIVE AMERICAN USES AND INTERESTS.

5 (a) ACCESS.—In recognition of the past use of the

6 parks and wilderness areas designed under this Act by In7 dian people for traditional cultural and religious purposes,

8 the Secretary shall ensure access to such parks and wilder9 ness areas by Indian people for such traditional cultural

10 and religious purposes. In implementing this section, the

11 Secretary, upon the request of an Indian tribe or Indian

12 religious community, shall temporarily close to the general

13 public use of one or more specific portions of park or wil14 derness in order to protect the privacy of traditional cul15 tural and religious activities in such areas by Indian peo16 ple. Any such closure shall be made to affect the smallest

17 practicable area for the minimum period necessary for

18 such purposes. Such access shall be consistent with the

19 purpose and intent of Public Law 95–341 (42 U.S.C.

20 1996) commonly referred to as the ‘‘American Indian Reli21 gious Freedom Act’’, and with respect to areas designated

22 as wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.

23 1131).
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1 (b) COOK INLET REGIONAL CORPORATION.—Section

2 12 of the Act of January 2, 1976 (Public Law 94–204;

3 38 U.S.C. 1611 note), as amended, is further amended—

4 (1) by redesignating subsections (c) through (i)

5 as subsections (d) through (j), respectively;

6 (2) by inserting after subsection (b) the follow7 ing new subsection:

8 ‘‘(c) The Native landowner shall be required to deter9 mine the fair value of subsurface interests conveyed to it

10 pursuant to subsection (b) utilizing the appraisal meth11 odology customarily used by the Minerals Management

12 Service for valuing similar interests (such as discounted

13 cash flow based methodology). The fair value of any sub14 surface interests in land determined by a qualified inde15 pendent appraiser designated by the Region utilizing the

16 methodology described above shall be binding for all pur17 poses, except for Federal tax matters, and provided that

18 this exception shall create no inference about the appro19 priate methodology for establishing fair value in such mat20 ters.’’; and

21 (3) in paragraph (9) of subsection (b), by strik22 ing ‘‘section 12(h)’’ and inserting in lieu thereof

23 ‘‘section 12(i)’’.

24 (c) STUDY.—
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1 (1) IN GENERAL.—The Secretary, in consulta2 tion with the Timbisha Shoshone Tribe and relevant

3 Federal agencies, shall conduct a study, subject to

4 the availability of appropriations, to identify lands

5 suitable for a reservation for the Timbisha Shoshone

6 Tribe that are located within the Tribe’s aboriginal

7 homeland area within and outside the boundaries of

8 the Death Valley National Monument and the Death

9 Valley National Park, as described in title III of the

10 California Desert Protection Act of 1993.

11 (2) REPORT.—Not later than 1 year after the

12 date of enactment of the California Desert Protec13 tion Act of 1993, the Secretary shall submit a report

14 to the Committee on Energy and Natural Resources

15 and the Committee on Indian Affairs of the Senate,

16 and the Committee on Natural Resources of the

17 House of Representatives on the results of the study

18 conducted under paragraph (1).

19 SEC. 706. FEDERAL RESERVE WATER RIGHTS.

20 (a) Except as otherwise provided in section 204, with

21 respect to each wilderness area designated by this Act,

22 Congress hereby reserves a quantity of water sufficient to

23 fulfill the purposes of this Act. The priority date of such

24 reserved water rights shall be the date of enactment of

25 this Act.
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1 (b) The Secretary and all other officers of the United

2 States shall take all steps necessary to protect the rights

3 reserved by this section, including the filing by the Sec4 retary of a claim for the quantification of such rights in

5 any present or future appropriate stream adjudication in

6 the courts of the State of California in which the United

7 States is or may be joined in accordance with section 208

8 of the Act of July 10, 1952 (66 Stat. 560, 44 U.S.C. 666),

9 commonly referred to as the McCarran Amendment.

10 (c) Nothing in this Act shall be construed as a relin11 quishment or reduction of any water rights reserved or

12 appropriated by the United States in the State of Califor13 nia on or before the date of enactment of this Act.

14 (d) The Federal water rights reserved by this Act are

15 specific to the wilderness area located in the State of Cali16 fornia designated under this Act. Nothing in this Act re17 lated to the reserved Federal water rights shall be con18 strued as establishing a precedent with regard to any fu19 ture designations, nor shall it constitute an interpretation

20 of any other Act or any designation made thereto.

21 SEC. 707. CALIFORNIA STATE SCHOOL LANDS.

22 (a) NEGOTIATIONS TO EXCHANGE.—Upon request of

23 the California State Lands Commission (hereinafter in

24 this section referred to as the ‘‘Commission’’), the Sec25 retary shall enter into negotiations for an agreement to
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1 exchange Federal lands or interests therein on the list re2 ferred to in subsection (b) (2) for California State School

3 lands or interests therein which are located within the

4 boundaries of one or more of the wilderness areas or park

5 units designated by this Act (hereinafter in this section

6 referred to as ‘‘State School lands.’’). The Secretary shall

7 negotiate in good faith to reach a land exchange agree8 ment consistent with the requirements of section 206 of

9 the Federal Land Policy and Management Act of 1976.

10 (b) PREPARATION OF LIST.—Within six months after

11 the date of enactment of this Act, the Secretary shall send

12 to the Commission and to the Committee on Energy and

13 Natural Resources of the United States Senate and the

14 Committee on Natural Resources of the United States

15 House of Representatives a list of the following:

16 (1) State School lands or interests therein (in17 cluding mineral interests) which are located within

18 the boundaries of the wilderness areas or park units

19 designated by this Act.

20 (2) Lands within the State of California under

21 the jurisdiction of the Secretary that the Secretary

22 determines to be suitable for disposal for exchange,

23 identified in the following priority—

24 (A) lands with mineral interests, including

25 geothermal, which have the potential for com-
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1 mercial development but which are not cur2 rently under mineral lease or producing Federal

3 mineral revenues;

4 (B) Federal claims in California managed

5 by the Bureau of Reclamation that the Sec6 retary determines are not needed for any Bu7 reau of Reclamation project; and

8 (C) any public lands in California that the

9 Secretary, pursuant to the Federal Land Policy

10 and Management Act of 1976, has determined

11 to be suitable for disposal through exchange.

12 (3) Any other Federal land, or interest therein,

13 within the State of California, which is or becomes

14 surplus to the needs of the Federal Government.

15 The Secretary may exclude, in his discretion, lands

16 located within, or contiguous to, the exterior bound17 aries of lands held in trust for a federally recognized

18 Indian tribe located in the State of California.

19 (4) The Secretary shall maintain such list and

20 shall annually transmit such list to the Committee

21 on Energy and Natural Resources of the United

22 States Senate and the Committee on Natural Re23 sources of the United States House of Representa24 tives until all of the State School lands identified in

25 paragraph (1) have been acquired.
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1 (c) DISPOSAL OF SURPLUS FEDERAL PROPERTY.—

2 (1) Effective upon the date of enactment of this Act and

3 until all State School lands identified in paragraph (b)(1)

4 of this section are acquired, no Federal lands or interests

5 therein within the State of California may be disposed of

6 from Federal ownership unless—

7 (A) the Secretary is notified of the availability

8 of such lands or interest therein;

9 (B) the Secretary has notified the Commission

10 of the availability of such lands or interests therein

11 for exchange; and

12 (C) the Commission has not notified the Sec13 retary within six months that it wishes to consider

14 entering into an exchange for such lands or interests

15 therein.

16 (2) If the Commission notifies the Secretary that it

17 wishes to consider an exchange for such lands or interests

18 therein, the Secretary shall attempt to conclude such ex19 change in accordance with the provisions of this section

20 as quickly as possible.

21 (3) If an agreement is reached and executed with the

22 Commission, then upon notice to the head of the agency

23 having administrative jurisdiction over such lands or inter24 ests therein, the Secretary shall be vested with administra-
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1 tive jurisdiction over such lands or interests therein for

2 the purpose of concluding such exchange.

3 (4) Upon the acquisition of all State School lands or

4 upon notice by the Commission to the Secretary that it

5 no longer has an interest in such lands or interests there6 in, such lands or interests shall be released to the agency

7 that originally had jurisdiction over such lands or interests

8 for disposal in accordance with the laws otherwise applica9 ble to such lands or interests.

10 (d) NO EFFECT ON MILITARY BASE CLOSURES.—

11 The provisions of this section shall not apply to the dis12 posal of property under title II of the Defense Authoriza13 tion Amendments and Base Closure and Realignment Act

14 (Public Law 100–526; 102 Stat. 2627; 10 U.S.C. 2687

15 note) or the Defense Base Closure and Realignment Act

16 of 1990 (Public Law 101–510; 104 Stat. 1808; 10 U.S.C.

17 2687 note).

18 SEC. 708. ACCESS TO PRIVATE PROPERTY.

19 The Secretary shall provide adequate access to

20 nonfederally owned land or interests in land within the

21 boundaries of the conservation units and wilderness areas

22 designated by this Act which will provide the owner of

23 such land or interest the reasonable use and enjoyment

24 thereof.
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1 SEC. 709. FEDERAL FACILITIES FEE EQUITY.

2 (a) POLICY STATEMENT.—It is the intent of Con3 gress that entrance, tourism or recreational use fees for

4 use of Federal lands and facilities not discriminate against

5 any State or any region of the country.

6 (b) FEE STUDY.—The Secretary of the Interior, in

7 cooperation with other affected agencies, shall prepare and

8 submit a report to the appropriate committees of the

9 House of Representatives and the Senate Committee on

10 Energy and Natural Resources of the United States Sen11 ate and any other relevant committees by May 1, 1996,

12 which shall—

13 (1) identify all Federal lands and facilities that

14 provide recreational or tourism use; and

15 (2) analyze by State and region any fees

16 charged for entrance, recreational or tourism use, if

17 any, on Federal lands or facilities in a State or re18 gion, individually and collectively.

19 (c) RECOMMENDATIONS.—Following completion of

20 the report in subsection (b), the Secretary of the Interior,

21 in cooperation with other affected agencies, shall prepare

22 and submit a report to the appropriate committees of the

23 House and the Energy and Natural Resource Committee

24 of the United States Senate and any other relevant com25 mittees by May 1, 1997, which shall contain recommenda26 tions which the Secretary deems appropriate for imple-
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1 menting the congressional intent outlined in subsection

2 (a).

3 TITLE VIII—MILITARY LANDS AND

4 OVERFLIGHTS

5 SEC. 801. SHORT TITLE AND FINDINGS.

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

7 ‘‘California Military Lands Withdrawal and Overflights

8 Act of 1994’’.

9 (b) FINDINGS.—The Congress finds that—

10 (1) military aircraft testing and training activi11 ties as well as demilitarization activities in California

12 are an important part of the national defense system

13 of the United States, and are essential in order to

14 secure for the American people of this and future

15 generations an enduring and viable national defense

16 system;

17 (2) the National Parks and wilderness areas

18 designated by this Act lie within a region critical to

19 providing training, research, and development for

20 the Armed Forces of the United States and its al21 lies;

22 (3) there is a lack of alternative sites available

23 for these military training, testing, and research ac24 tivities;
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1 (4) continued use of the lands and airspace in

2 the California desert region is essential for military

3 purposes; and

4 (5) contination of these military activities,

5 under appropriate terms and conditions, is not in6 compatible with the protection and proper manage7 ment of the natural, environmental, cultural, and

8 other resources and values of the Federal lands in

9 the California desert area.

10 SEC. 802. MILITARY OVERFLIGHTS.

11 (a) OVERFLIGHTS.—Nothing in this Act, the Wilder12 ness Act, or other land management laws generally appli13 cable to the new units of the National Park or Wilderness

14 Preservation Systems (or any additions to existing units)

15 designated by this Act, shall restrict or preclude low-level

16 overflights of military aircraft over such units, including

17 military overflights that can be seen or heard within such

18 units.

19 (b) SPECIAL AIRSPACE.—Nothing in this Act, the

20 Wilderness Act, or other land management laws generally

21 applicable to the new units of the National Park or Wil22 derness Preservation Systems (or any additions to existing

23 units) designated by this Act, shall restrict or preclude the

24 designation of new units of special airspace or the use or
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1 establishment of military flight training routes over such

2 new park or wilderness units.

3 (c) NO EFFECT ON OTHER LAWS.—Nothing in this

4 section shall be construed to modify, expand, or diminish

5 any authority under other Federal law.

6 SEC. 803. WITHDRAWALS.

7 (a) CHINA LAKE.—(1) Subject to valid existing rights

8 and except as otherwise provided in this title, the Federal

9 lands referred to in paragraph (2), and all other areas

10 within the boundary of such lands as depicted on the map

11 specified in such paragraph which may become subject to

12 the operation of the public land laws, are hereby with13 drawn from all forms of appropriation under the public

14 land laws (including the mining laws and the mineral leas15 ing laws). Such lands are reserved for use by the Secretary

16 of the Navy for—

17 (A) use as a research, development, test, and

18 evaluation laboratory;

19 (B) use as a range for air warfare weapons and

20 weapon systems;

21 (C) use as a high hazard training area for aer22 ial gunnery, rocketry, electronic warfare and coun23 termeasures, tactical maneuvering and air support;

24 (D) geothermal leasing and development and

25 related power production activities; and
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1 (E) subject to the requirements of section

2 804(f), other defense-related purposes consistent

3 with the purposes specified in this paragraph.

4 (2) The lands referred to in paragraph (1) are the

5 Federal lands located within the boundaries of the China

6 Lake Naval Weapons Center, comprising approximately

7 one million one hundred thousand acres in Inyo, Kern, and

8 San Bernardino Counties, California, as generally depicted

9 on a map entitled ‘‘China Lake Naval Weapons Center

10 Withdrawal—Proposed’’, dated January 1985.

11 (b) CHOCOLATE MOUNTAIN.—(1) Subject to valid ex12 isting rights and except as otherwise provided in this title,

13 the Federal lands referred to in paragraph (2), and all

14 other areas within the boundary of such lands as depicted

15 on the map specified in such paragraph which may become

16 subject to the operation of the public land laws, are hereby

17 withdrawn from all forms of appropriation under the pub18 lic land laws (including the mining laws and the mineral

19 leasing and the geothermal leasing laws). Such lands are

20 reserved for use by the Secretary of the Navy for—

21 (A) testing and training for aerial bombing,

22 missile firing, tactical maneuvering and air support;

23 and
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1 (B) subject to the provisions of section 804(f),

2 other defense-related purposes consistent with the

3 purposes specified in this paragraph.

4 (2) The lands referred to in paragraph (1) are the

5 Federal lands comprising approximately two hundred

6 twenty-six thousand seven hundred and eleven acres in

7 Imperial County, California, as generally depicted on a

8 map entitled ‘‘Chocolate Mountain Aerial Gunnery Range

9 Proposed—Withdrawal’’ dated July 1993.

10 SEC. 804. MAPS AND LEGAL DESCRIPTIONS.

11 (a) PUBLICATION AND FILING REQUIREMENT.—As

12 soon as practicable after the date of enactment of this

13 title, the Secretary shall—

14 (1) publish in the Federal Register a notice

15 containing the legal description of the lands with16 drawn and reserved by this title; and

17 (2) file maps and the legal description of the

18 lands withdrawn and reserved by this title with the

19 Committee on Energy and Natural Resources of the

20 United States Senate and with the Committee on

21 Natural Resources of the United States House of

22 Representatives.

23 (b) TECHNICAL CORRECTIONS.—Such maps and

24 legal descriptions shall have the same force and effect as

25 if they were included in this title except that the Secretary
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1 may correct clerical and typographical errors in such maps

2 and legal descriptions.

3 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies

4 of such maps and legal descriptions shall be available for

5 public inspection in the appropriate offices of the Bureau

6 of Land Management; the office of the commander of the

7 Naval Weapons Center, China Lake, California; the office

8 of the commanding officer, Marine Corps Air Station,

9 Yuma, Arizona; and the Office of the Secretary of De10 fense, Washington, District of Columbia.

11 (d) REIMBURSEMENT.—The Secretary of Defense

12 shall reimburse the Secretary for the cost of implementing

13 this section.

14 SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.

15 (a) MANAGEMENT BY THE SECRETARY OF THE INTE16 RIOR.—(1) Except as provided in subsection (g), during

17 the period of the withdrawal the Secretary shall manage

18 the lands withdrawn under section 802 of this title pursu19 ant to the Federal Land Policy and Management Act of

20 1976 (43 U.S.C. 1701 et seq.) and other applicable law,

21 including this title.

22 (2) To the extent consistent with applicable law and

23 Executive orders, the lands withdrawn under section 802

24 may be managed in a manner permitting—
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1 (A) the continuation of grazing pursuant to ap2 plicable law and Executive orders were permitted on

3 the date of enactment of this title;

4 (B) protection of wildlife and wildlife habitat;

5 (C) control of predatory and other animals;

6 (D) recreation (but only on lands withdrawn by

7 section 802(a) (relating to China Lake));

8 (E) the prevention and appropriate suppression

9 of brush and range fires resulting from nonmilitary

10 activities; and

11 (F) geothermal leasing and development and re12 lated power production activities on the lands with13 drawn under section 802(a) (relating to China

14 Lake).

15 (3)(A) All nonmilitary use of such lands, including

16 the uses described in paragraph (2), shall be subject to

17 such conditions and restrictions as may be necessary to

18 permit the military use of such lands for the purposes

19 specified in or authorized pursuant to this title.

20 (B) The Secretary may issue any lease, easement,

21 right-of-way, or other authorization with respect to the

22 nonmilitary use of such lands only with the concurrence

23 of the Secretary of the Navy.

24 (b) CLOSURE TO PUBLIC.—(1) If the Secretary of the

25 Navy determines that military operations, public safety,
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1 or national security require the closure to public use of

2 any road, trail, or other portion of the lands withdrawn

3 by this title, the Secretary may take such action as the

4 Secretary determines necessary or desirable to effect and

5 maintain such closure.

6 (2) Any such closure shall be limited to the minimum

7 areas and periods which the Secretary of the Navy deter8 mines are required to carry out this subsection.

9 (3) Before and during any closure under this sub10 section, the Secretary of the Navy shall—

11 (A) keep appropriate warning notices posted;

12 and

13 (B) take appropriate steps to notify the public

14 concerning such closures.

15 (c) MANAGEMENT PLAN.—The Secretary (after con16 sultation with the Secretary of the Navy) shall develop a

17 plan for the management of each area withdrawn under

18 section 802 of this title during the period of such with19 drawal. Each plan shall—

20 (1) be consistent with applicable law;

21 (2) be subject to conditions and restrictions

22 specified in subsection (a)(3);

23 (3) include such provisions as may be necessary

24 for proper management and protection of the re25 sources and values of such area; and
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1 (4) be developed not later than three years after

2 the date of enactment of this title.

3 (d) BRUSH AND RANGE FIRES.—The Secretary of

4 the Navy shall take necessary precautions to prevent and

5 suppress brush and range fires occurring within and out6 side the lands withdrawn under section 802 as a result

7 of military activities and may seek assistance from the Bu8 reau of Land Management in the suppression of such

9 fires. The memorandum of understanding required by sub10 section (e) shall provide for Bureau of Land Management

11 assistance in the suppression of such fires, and for a

12 transfer of funds from the Department of the Navy to the

13 Bureau of Land Management as compensation for such

14 assistance.

15 (e) MEMORANDUM OF UNDERSTANDING.—(1) The

16 Secretary and the Secretary of the Navy shall (with re17 spect to each land withdrawal under section 802 of this

18 title) enter into a memorandum of understanding to imple19 ment the management plan developed under subsection

20 (c). Any such memorandum of understanding shall provide

21 that the Director of the Bureau of Land Management

22 shall provide assistance in the suppression of fires result23 ing from the military use of lands withdrawn under section

24 802 if requested by the Secretary of the Navy.
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1 (2) The duration of any such memorandum shall be

2 the same as the period of the withdrawal of the lands

3 under section 802.

4 (f) ADDITIONAL MILITARY USES.—Lands withdrawn

5 under section 802 of this title may be used for defense6 related uses other than those specified in such section. The

7 Secretary of Defense shall promptly notify the Secretary

8 in the event that the lands withdrawn by this title will

9 be used for defense-related purposes other than those

10 specified in section 802. Such notification shall indicate

11 the additional use or uses involved, the proposed duration

12 of such uses, and the extent to which such additional mili13 tary uses of the withdrawn lands will require that addi14 tional or more stringent conditions or restrictions be im15 posed on otherwise-permitted nonmilitary uses of the with16 drawn land or portions thereof.

17 (g) MANAGEMENT OF CHINA LAKE.—(1) The Sec18 retary may assign the management responsibility for the

19 lands withdrawn under section 802(a) to the Secretary of

20 the Navy who shall manage such lands, and issue leases,

21 easements, rights-of-way, and other authorizations, in ac22 cordance with this title and cooperative management ar23 rangements between the Secretary and the Secretary of

24 the Navy: Provided, That nothing in this subsection shall

25 affect geothermal leases issued by the Secretary prior to
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1 the date of enactment of this title, or the responsibility

2 of the Secretary to administer and manage such leases,

3 consistent with the provisions of this section. In the case

4 that the Secretary assigns such management responsibility

5 to the Secretary of the Navy before the development of

6 the management plan under subsection (c), the Secretary

7 of the Navy (after consultation with the Secretary) shall

8 develop such management plan.

9 (2) The Secretary shall be responsible for the issu10 ance of any lease, easement, right-of-way, and other au11 thorization with respect to any activity which involves both

12 the lands withdrawn under section 802(a) and any other

13 lands. Any such authorization shall be issued only with

14 the consent of the Secretary of the Navy and, to the extent

15 that such activity involves lands withdrawn under section

16 802(a), shall be subject to such conditions as the Sec17 retary of the Navy may prescribe.

18 (3) The Secretary of the Navy shall prepare and sub19 mit to the Secretary an annual report on the status of

20 the natural and cultural resources and values of the lands

21 withdrawn under section 802(a). The Secretary shall

22 transmit such report to the Committee on Energy and

23 Natural Resources of the United States Senate and the

24 Committee on Natural Resources of the United States

25 House of Representatives.
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1 (4) The Secretary of the Navy shall be responsible

2 for the management of wild horses and burros located on

3 the lands withdrawn under section 802(a) and may utilize

4 helicopters and motorized vehicles for such purposes. Such

5 management shall be in accordance with laws applicable

6 to such management on public lands and with an appro7 priate memorandum of understanding between the Sec8 retary and the Secretary of the Navy.

9 (5) Neither this title nor any other provision of law

10 shall be construed to prohibit the Secretary from issuing

11 and administering any lease for the development and utili12 zation of geothermal steam and associated geothermal re13 sources on the lands withdrawn under section 802(a) pur14 suant to the Geothermal Steam Act of 1970 (30 U.S.C.

15 1001 et seq.) and other applicable law, but no such lease

16 shall be issued without the concurrence of the Secretary

17 of the Navy.

18 (6) This title shall not affect the geothermal explo19 ration and development authority of the Secretary of the

20 Navy under section 2689 of title 10, United States Code,

21 except that the Secretary of the Navy shall obtain the con22 currence of the Secretary before taking action under that

23 section with respect to the lands withdrawn under section

24 802(a).
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1 (7) Upon the expiration of the withdrawal or relin2 quishment of China Lake, Navy contracts for the develop3 ment of geothermal resources at China Lake then in effect

4 (as amended or renewed by the Navy after the date of

5 enactment of this title) shall remain in effect: Provided,

6 That the Secretary, with the consent of the Secretary of

7 the Navy, may offer to substitute a standard geothermal

8 lease for any such contract.

9 SEC. 806. DURATION OF WITHDRAWALS.

10 (a) DURATION.—The withdrawals and reservations

11 established by this title shall terminate twenty-five years

12 after the date of enactment of this title.

13 (b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—

14 No later than twenty-two years after the date of enact15 ment of this title, the Secretary of the Navy shall publish

16 a draft environmental impact statement concerning con17 tinued or renewed withdrawal of any portion of the lands

18 withdrawn by this title for which that Secretary intends

19 to seek such continued or renewed withdrawal. Such draft

20 environmental impact statement shall be consistent with

21 the requirements of the National Environmental Policy

22 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such

23 a draft environmental impact statement. Prior to the ter24 mination date specified in subsection (a), the Secretary of

25 the Navy shall hold a public hearing on any draft environ-
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1 mental impact statement published pursuant to this sec2 tion. Such hearing shall be held in the State of California

3 in order to receive public comments on the alternatives

4 and other matters included in such draft environmental

5 impact statement.

6 (c) EXTENSIONS OR RENEWALS.—The withdrawals

7 established by this title may not be extended or renewed

8 except by an Act or joint resolution of Congress.

9 SEC. 807. ONGOING DECONTAMINATION.

10 (a) PROGRAM.—Throughout the duration of the with11 drawals made by this title, the Secretary of the Navy, to

12 the extent funds are made available, shall maintain a pro13 gram of decontamination of lands withdrawn by this title

14 at least at the level of decontamination activities per15 formed on such lands in fiscal year 1986.

16 (b) REPORTS.—At the same time as the President

17 transmits to the Congress the President’s proposed budget

18 for the first fiscal year beginning after the date of enact19 ment of this title and for each subsequent fiscal year, the

20 Secretary of the Navy shall transmit to the Committees

21 on Appropriations, Armed Services, and Energy and Nat22 ural Resources of the United States Senate and to the

23 Committees on Appropriations, Armed Services, and Nat24 ural Resources of the United States House of Representa25 tives a description of the decontamination efforts under-
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1 taken during the previous fiscal year on such lands and

2 the decontamination activities proposed for such lands

3 during the next fiscal year including—

4 (1) amounts appropriated and obligated or ex5 pended for decontamination of such lands;

6 (2) the methods used to decontaminate such

7 lands;

8 (3) amount and types of contaminants removed

9 from such lands;

10 (4) estimated types and amounts of residual

11 contamination on such lands; and

12 (5) an estimate of the costs for full contamina13 tion of such lands and the estimate of the time to

14 complete such decontamination.

15 SEC. 808. REQUIREMENTS FOR RENEWAL.

16 (a) NOTICE AND FILING.—(1) No later than three

17 years prior to the termination of the withdrawal and res18 ervation established by this title, the Secretary of the Navy

19 shall advise the Secretary as to whether or not the Sec20 retary of the Navy will have a continuing military need

21 for any of the lands withdrawn under section 802 after

22 the termination date of such withdrawal and reservation.

23 (2) If the Secretary of the Navy concludes that there

24 will be a continuing military need for any of such lands

25 after the termination date, the Secretary of the Navy shall
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1 file an application for extension of the withdrawal and res2 ervation of such needed lands in accordance with the regu3 lations and procedures of the Department of the Interior

4 applicable to the extension of withdrawals of lands for

5 military uses.

6 (3) If, during the period of withdrawal and reserva7 tion, the Secretary of the Navy decides to relinquish all

8 or any of the lands withdrawn and reserved by this title,

9 the Secretary of the Navy shall file a notice of intention

10 to relinquish with the Secretary.

11 (b) CONTAMINATION.—(1) Before transmitting a no12 tice of intention to relinquish pursuant to subsection (a),

13 the Secretary of Defense, acting through the Department

14 of the Navy, shall prepare a written determination con15 cerning whether and to what extent the lands that are to

16 be relinquished are contaminated with explosive, toxic, or

17 other hazardous materials.

18 (2) A copy of such determination shall be transmitted

19 with the notice of intention to relinquish.

20 (3) Copies of both the notice of intention to relinquish

21 and the determination concerning the contaminated state

22 of the lands shall be published in the Federal Register by

23 the Secretary of the Interior.

24 (c) DECONTAMINATION.—If any land which is the

25 subject of a notice of intention to relinquish pursuant to
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1 subsection (a) is contaminated, and the Secretary, in con2 sultation with the Secretary of the Navy, determines that

3 decontamination is practicable and economically feasible

4 (taking into consideration the potential future use and

5 value of the land) and that upon decontamination, the

6 land could be opened to operation of some or all of the

7 public land laws, including the mining laws, the Secretary

8 of the Navy shall decontaminate the land to the extent

9 that funds are appropriated for such purpose.

10 (d) ALTERNATIVES.—If the Secretary, after consulta11 tion with the Secretary of the Navy, concludes that decon12 tamination of any land which is the subject of a notice

13 of intention to relinquish pursuant to subsection (a) is not

14 practicable or economically feasible, or that the land can15 not be decontaminated sufficiently to be opened to oper16 ation of some or all of the public land laws, or if Congress

17 does not appropriate a sufficient amount of funds for the

18 decontamination of such land, the Secretary shall not be

19 required to accept the land proposed for relinquishment.

20 (e) STATUS OF CONTAMINATED LANDS.—If, because

21 of their contaminated state, the Secretary declines to ac22 cept jurisdiction over lands withdrawn by this title which

23 have been proposed for relinquishment, or if at the expira24 tion of the withdrawal made by this title the Secretary

25 determines that some of the lands withdrawn by this title
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1 are contaminated to an extent which prevents opening

2 such contaminated lands to operation of the public land

3 laws—

4 (1) the Secretary of the Navy shall take appro5 priate steps to warn the public of the contaminated

6 state of such lands and any risks associated with

7 entry onto such lands;

8 (2) after the expiration of the withdrawal, the

9 Secretary of the Navy shall undertake no activities

10 on such lands except in connection with decon11 tamination of such lands; and

12 (3) the Secretary of the Navy shall report to

13 the Secretary and to the Congress concerning the

14 status of such lands and all actions taken in further15 ance of this subsection.

16 (f) REVOCATION AUTHORITY.—Notwithstanding any

17 other provision of law, the Secretary, upon deciding that

18 it is in the public interest to accept jurisdiction over lands

19 proposed for relinquishment pursuant to subsection (a),

20 is authorized to revoke the withdrawal and reservation es21 tablished by this title as it applies to such lands. Should

22 the decision be made to revoke the withdrawal and res23 ervation, the Secretary shall publish in the Federal Reg24 ister an appropriate order which shall—

25 (1) terminate the withdrawal and reservation;
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1 (2) constitute official acceptance of full jurisdic2 tion over the lands by the Secretary; and

3 (3) state the date upon which the lands will be

4 opened to the operation of some or all of the public

5 lands law, including the mining laws.

6 SEC. 809. DELEGABILITY.

7 (a) DEPARTMENT OF DEFENSE.—The functions of

8 the Secretary of Defense or the Secretary of the Navy

9 under this title may be delegated.

10 (b) DEPARTMENT OF THE INTERIOR.—The functions

11 of the Secretary under this title may be delegated, except

12 that an order described in section 807(f) may be approved

13 and signed only by the Secretary, the Under Secretary of

14 the Interior, or an Assistant Secretary of the Department

15 of the Interior.

16 SEC. 810. HUNTING, FISHING, AND TRAPPING.

17 All hunting, fishing, and trapping on the lands with18 drawn by this title shall be conducted in accordance with

19 the provisions of section 2671 of title 10, United States

20 Code.

21 SEC. 811. IMMUNITY OF UNITED STATES.

22 The United States and all departments or agencies

23 thereof shall be held harmless and shall not be liable for

24 any injury or damage to persons or property suffered in

25 the course of any geothermal leasing or other authorized
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1 nonmilitary activity conducted on lands described in sec2 tion 802 of this title.

3 SEC. 812. EL CENTRO RANGES.

4 The Secretary is authorized to permit the Secretary

5 of the Navy to use until January 1, 1997, the approxi6 mately forty-four thousand eight hundred and seventy

7 acres of public lands in Imperial County, California,

8 known as the East Mesa and West Mesa ranges, in accord9 ance with the Memorandum of Understanding dated June

10 29, 1987, between the Bureau of Land Management, the

11 Bureau of Reclamation, and the Department of the Navy.

12 All military uses of such lands shall cease on January 1,

13 1997, unless authorized by a subsequent Act of Congress.

14 TITLE IX—INITIATIVES PERTAINING TO

15 THE LOWER MISSISSIPPI DELTA REGION

16 SEC. 901. FINDINGS.

17 (a) The Congress finds that—

18 (1) in 1988, Congress enacted Public Law 100–

19 460, establishing the Lower Mississippi Delta Devel20 opment Commission, to assess the needs, problems,

21 and opportunities of people living in the Lower Mis22 sissippi Delta Region that includes 219 counties and

23 parishes within the States of Arkansas, Illinois, Ken24 tucky, Louisiana, Mississippi, Missouri, and Ten25 nessee;
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1 (2) the Commission conducted a thorough in2 vestigation to assess these needs, problems, and op3 portunities, and held several public hearings

4 throughout the Delta Region;

5 (3) on the basis of these investigations, the

6 Commission issued the Delta Initiatives Report,

7 which included recommendations on natural resource

8 protection, historic preservation, and the enhance9 ment of educational and other opportunities for

10 Delta residents;

11 (4) the Delta Initiatives Report recommended—

12 (A) designating the Great River Road as a

13 scenic byway, and designating other hiking and

14 motorized trails throughout the Delta Region;

15 (B) that the Federal Government identify

16 sites and structures of historic and prehistoric

17 importance throughout the Delta Region;

18 (C) the further study of potential new

19 units of the National Park System within the

20 Delta Region; and

21 (D) that Federal agencies target more

22 monies in selected areas to institutions of high23 er education in the Delta Region, especially

24 Historically Black Colleges and Universities.
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1 SEC. 902. DEFINITIONS.

2 As used in this title, the term—

3 (1) ‘‘Commission’’ means the Lower Mississippi

4 Delta Development Commission established pursuant

5 to Public Law 100–460;

6 (2) ‘‘Delta Initiatives Report’’ means the May

7 14, 1990 Final Report of the Commission entitled

8 ‘‘The Delta Initiatives: Realizing the Dream . . .

9 Fulfilling the Potential’’;

10 (3) ‘‘Delta Region’’ means the Lower Mis11 sissippi Delta Region including the 219 counties and

12 parishes within the States of Arkansas, Illinois, Ken13 tucky, Louisiana, Mississippi, Missouri, and Ten14 nessee, as defined in the Delta Initiatives Report,

15 except that, for any State for which the Delta Re16 gion as defined in such report comprises more than

17 half of the geographic area of such State, the entire

18 State shall be considered part of the Delta Region

19 for purposes of this title;

20 (4) ‘‘Historically Black College or University’’

21 means a college or university that would be consid22 ered a ‘‘part B institution’’ by section 322(2) of the

23 Higher Education Act of 1965 (20 U.S.C. 1061(2));

24 and

25 (5) ‘‘minority college or university’’ means a

26 Historically Black College or University that would
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1 be considered a ‘‘part B institution’’ by section

2 322(2) of the Higher Education Act of 1965 (20

3 U.S.C. 1061(2)) or a ‘‘minority institution’’ as that

4 term is defined in section 1046 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1135d–5(3)).

6 SEC. 903. DEFINITIONS.

7 As used in this title, the term—

8 (1) ‘‘Department’’ means the United States De9 partment of the Interior, unless otherwise specifi10 cally stated; and

11 (2) ‘‘Secretary’’ means the Secretary of the In12 terior, unless otherwise specifically stated.

13 SEC. 904. NATURAL RESOURCES AND ENVIRONMENTAL

14 EDUCATIONAL INITIATIVES.

15 (a) OFFICE OF EDUCATION.—(1) There shall be es16 tablished within the Department an Office of Education

17 to encourage, support, and coordinate education programs

18 of the Department at the elementary, secondary, college

19 and university, and graduate levels.

20 (2) The goals of the Office of Education shall be to—

21 (A) enhance the quality of education in the

22 areas of natural resources, the environment, the

23 sciences, cultural resource management, historic

24 preservation, archeology, aquaculture, and related

25 subjects;
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1 (B) establish initiatives at minority colleges or

2 universities;

3 (C) encourage the consideration of careers in

4 the areas of natural resources, the environment, the

5 sciences, cultural resource management, historic

6 preservation, archeology, aquaculture, and related

7 subjects;

8 (D) enhance teacher development and recruit9 ment;

10 (E) increase research opportunities for teachers

11 and students;

12 (F) enhance curriculum development; and

13 (G) improve laboratory instrumentation and

14 equipment through purchase, loan, or other transfer

15 mechanisms.

16 (b) DUTIES.—The duties of the Secretary, through

17 the Office of Education, shall be to—

18 (1) coordinate the educational programs within

19 the Department, including implementation of pro20 grams established under this title, in order to ensure

21 the goals of the Office of Education are met; and

22 (2) inventory existing education programs with23 in the Department.

24 (c) The Secretary shall report to Congress, within one

25 year after the date of the enactment of this Act and annu-
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1 ally thereafter, on an inventory of existing education pro2 grams of the Department, the status of such programs,

3 and progress toward meeting the goals of the Office of

4 Education as established in this Act.

5 (d) MINORITY COLLEGE AND UNIVERSITY INITIA6 TIVE.—(1) Within one year after the date of the enact7 ment of this Act, and annually thereafter, the Secretary,

8 through the Office of Education, shall submit to the Com9 mittee on Energy and Natural Resources of the United

10 States Senate and to the United States House of Rep11 resentatives a report identifying opportunities for minority

12 colleges or universities to participate in programs and ac13 tivities carried out by the Department. The Secretary,

14 through the Office of Education, shall consult with rep15 resentatives of minority colleges or universities in prepar16 ing the report. Such report shall—

17 (A) describe ongoing education and training

18 programs carried out by the Department with re19 spect to, or in conjunction with, minority colleges or

20 universities in the areas of natural resources, the en21 vironment, the sciences, cultural resource manage22 ment, historic preservation, archeology, aquaculture,

23 and related subjects;
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1 (B) describe ongoing research, development or

2 demonstration programs involving the Department

3 and minority colleges or universities;

4 (C) describe funding levels for the programs re5 ferred to in subparagraphs (A) and (B);

6 (D) include specific proposals and recommenda7 tions for providing assistance to minority colleges

8 and universities to enter into memoranda of under9 standing and other appropriate forms of agreement

10 with the Department in order to plan and develop

11 programs to foster greater involvement of these

12 schools in the contract, research, education, training,

13 and recruitment activities of the Department;

14 (E) address the need for, and potential role of,

15 the Department in providing minority colleges or

16 universities with the following—

17 (i) increased research opportunities for fa18 cility and students;

19 (ii) assistance in faculty development and

20 recruitment;

21 (iii) curriculum enhancement and develop22 ment; and

23 (iv) improved laboratory instrumentation

24 and equipment, through purchase, loan, or

25 other transfer mechanisms;
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1 (F) address the need for, and potential role of,

2 the Department in providing financial and technical

3 assistance for the development of infrastructure fa4 cilities, including buildings and laboratory facilities,

5 at minority colleges or universities; and

6 (G) include specific proposals and recommenda7 tions, together with estimates of necessary funding

8 levels, for initiatives to be carried out by the Depart9 ment in order to assist minority colleges or univer10 sities in providing education and training in the

11 areas of natural resources, the environment, the

12 sciences, cultural resource management, historic

13 preservation, archeology, aquaculture, and related

14 subjects.

15 (2) The Secretary, through the Office of Education,

16 shall encourage memoranda of understanding and other

17 appropriate forms of agreement between the Department

18 and minority colleges or universities directed at jointly

19 planning and developing programs to foster greater in20 volvement of minority colleges or universities in the re21 search, education, training, and recruitment activities of

22 the Department.

23 (e) SCHOLARSHIP PROGRAM.—The Secretary,

24 through the Office of Education, shall establish a scholar25 ship program for students pursuing undergraduate or
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1 graduate degrees in natural resource and environmental

2 related fields including, but not limited to: biology, wildlife

3 biology, forestry, botany, horticulture, historic preserva4 tion, cultural resource management, archeology, anthro5 pology, aquaculture, geology, engineering, the environ6 ment, the sciences, and ecology at minority colleges and

7 universities in the Delta Region. The scholarship program

8 shall include tuition assistance. Recipients of such scholar9 ships shall be students deemed by the Secretary to have

10 demonstrated (1) a need for such assistance; and (2) aca11 demic potential in the particular area of study.

12 (f) PRE-COLLEGE EDUCATION.—The Secretary,

13 through the Office of Education, shall undertake activities

14 to encourage pre-college education programs in subjects

15 relating to natural resources, the environment, the

16 sciences, cultural resource management, historic preserva17 tion, archeology, aquaculture, and related subjects, for

18 students in the Delta Region. Such activities shall include,

19 but not be limited to, the following—

20 (1) cooperation with, and assistance to, State

21 departments of education and local school districts

22 in the Delta Region to develop and carry out after

23 school and summer education programs for elemen24 tary, middle, and secondary school students;
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1 (2) cooperation with, and assistance to, institu2 tions of higher education in the Delta Region to de3 velop and carry out pre-college education programs

4 for elementary, middle, and secondary school stu5 dents;

6 (3) cooperation with, and assistance to, State

7 departments of education and local school districts

8 in the Delta Region in the development and use of

9 curriculum and educational materials; and

10 (4) the establishment of education programs for

11 elementary, middle, and secondary school teachers in

12 the Delta Region at research facilities of the Depart13 ment.

14 (g) VOLUNTEER PROGRAM.—The Secretary, through

15 the Office of Education, shall establish and carry out a

16 program to encourage the involvement on a voluntary

17 basis of qualified employees of the Department in edu18 cational enrichment programs relating to natural re19 sources, the environment, the sciences, cultural resource

20 management, historic preservation, archeology, aqua21 culture, and related subjects, in cooperation with State de22 partments of education and local school districts in the

23 Delta Region.

24 (h) WOMEN AND MINORITIES IN THE SCIENCES.—

25 The Secretary, through the Office of Education, shall es-
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1 tablish a Center for Excellence in the Sciences at Alcorn

2 State in Lorman, Mississippi, in cooperation with South3 ern University in Baton Rouge, Louisiana, and the Uni4 versity of Arkansas at Pine Bluff, Arkansas, and other

5 minority colleges or universities for purposes of encourag6 ing women and minority students in the Delta Region to

7 study and pursue careers in the sciences. The Center shall

8 enter into cooperative agreements with Southern Univer9 sity in Baton Rouge, Louisiana, and the University of Ar10 kansas at Pine Bluff, Arkansas, and other minority col11 leges and universities in the Delta Region, to carry out

12 affiliated programs and coordinate program activities at

13 such colleges and universities. The Secretary is authorized

14 to provide grants and other forms of financial assistance

15 to the Center.

16 (i) CENTER FOR AQUACULTURE STUDIES.—The Sec17 retary, through the Office of Education, shall establish a

18 Center for Aquaculture Studies at the University of Ar19 kansas at Pine Bluff, Arkansas, in cooperation with

20 Southern University in Baton Rouge, Louisiana, and

21 Alcorn State in Lorman, Mississippi, and other minority

22 colleges or universities for purposes of encouraging women

23 and minority students in the Delta Region to study and

24 pursue careers in the field of aquaculture. The Center

25 shall enter into cooperative agreements with Southern
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1 University in Baton Rouge, Louisiana, and Alcorn State

2 in Lorman, Mississippi, and other minority colleges or uni3 versities in the Delta Region to carry out affiliated pro4 grams and coordinate program activities at such colleges

5 or universities.

6 (j) COORDINATION WITH OTHER FEDERAL AGEN7 CIES.—The Secretary, through the Office of Education,

8 shall ensure that the programs authorized in this section

9 are coordinated with, and complimentary to, educational

10 assistance programs administered by other Federal agen11 cies. These agencies include, but are not limited to, the

12 Department of Energy, the Department of Agriculture,

13 the Department of Education, the Department of Defense,

14 the National Science Foundation, and the National Aero15 nautics and Space Administration.

16 SEC. 905. LOWER MISSISSIPPI DELTA REGION HERITAGE

17 STUDY.

18 (a) IN GENERAL.—The Secretary, in consultation

19 with the States of the Delta Region, the Lower Mississippi

20 Delta Development Center, and other appropriate Delta

21 Region institutions, is directed to prepare and transmit

22 to the Congress within three years after the date of the

23 enactment of this Act, a study of significant natural, rec24 reational, historical or prehistorical, and cultural lands,

25 waters, sites, and structures located within the Delta Re-
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1 gion. This study shall take into consideration the research

2 and inventory of resources conducted by the Mississippi

3 River Heritage Corridor Study Commission.

4 (b) TRANSPORTATION ROUTES.—(1) The study shall

5 include recommendations on appropriate designation and

6 interpretation of historically significant roads, trails, by7 ways, waterways, or other routes within the Delta Region.

8 (2) In order to provide for public appreciation, edu9 cation, understanding, interpretation, and enjoyment of

10 the significant sites identified pursuant to subsection (a),

11 which are accessible by public roads, the Secretary shall

12 recommend in the study vehicular tour routes along exist13 ing public roads linking such sites within the Delta Re14 gion.

15 (3) Such recommendations shall include an analysis

16 of designating the Great River Road (as depicted on the

17 map entitled ‘‘Proposed Delta Transportation Network’’

18 on pages 102–103 of the Delta Initiatives Report) and

19 other sections of the Great River Road between Baton

20 Rouge and New Orleans, Louisiana and an analysis of

21 designating that portion of the Old Antonio Road and the

22 Louisiana Natchez Trace which extends generally along

23 Highway 84 from Vidalia, Louisiana, to Clarence, Louisi24 ana, and Louisiana Highway 6 from Clarence, Louisiana,

25 to the Toledo Bend Reservoir, Louisiana, as a National
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1 Scenic Byway, or as a component of the National Trails

2 System, or such other designation as the Secretary deems

3 appropriate.

4 (4) The Secretary shall also recommend in the study

5 an appropriate route along existing public roads to com6 memorate the importance of timber production and trade

7 to the economic development of the Delta Region in the

8 early twentieth century, and to highlight the continuing

9 importance of timber production and trade to the eco10 nomic life of the Delta Region. Recommendations shall in11 clude an analysis of designating that portion of US 165

12 which extends from Alexandria, Louisiana, to Monroe,

13 Louisiana, as a National Scenic Byway, or as a component

14 of the National Trails System, or such other designation

15 as the Secretary deems appropriate.

16 (5) The study shall also include a comprehensive

17 recreation, interpretive, and visitor use plan for the routes

18 described in the above paragraphs, including bicycle and

19 hiking paths, and make specific recommendations for the

20 acquisition and construction or related interpretive and

21 visitor information facilities at selected sites along such

22 routes.

23 (6) The Secretary is authorized to make grants to

24 States for work necessary to stabilize, maintain, and widen

25 public roads to allow for adequate access to the nationally
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1 significant sites and structures identified by the study, to

2 allow for proper use of the vehicular tour route, trails, by3 ways, including the routes defined in paragraphs (3) and

4 (4) or other public roads within the Delta Region and to

5 implement the comprehensive recreation, interpretive, and

6 visitor use plan required in paragraph (5).

7 (c) LISTING.—On the basis of the study, and in con8 sultation with the National Trust for Historic Preserva9 tion, the Secretary shall inventory significant structures

10 and sites in the Delta Region. The Secretary shall further

11 recommend and encourage cooperative preservation and

12 economic development efforts such as the establishment

13 of preservation districts linking groups of contiguous

14 counties or parishes, especially those that lie along the

15 aforementioned designated routes. The Secretary shall

16 prepare a list of the sites and structures for possible inclu17 sion by the National Park Service as National Historic

18 Landmarks or such other designation as the Secretary

19 deems appropriate.

20 SEC. 906. DELTA REGION HERITAGE CORRIDORS AND HER21 ITAGE AND CULTURAL CENTERS.

22 (a) FINDINGS.—The Congress finds that—

23 (1) in 1990, the Congress authorized the Insti24 tute of Museum Services to prepare a report assess25 ing the needs of small, emerging, minority, and rural
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1 museums in order to identify the resources such mu2 seums needed to meet their educational mission, to

3 identify the areas of museum operation in which the

4 needs were greatest, and to make recommendations

5 on how these needs could best be met;

6 (2) the Institute of Museum Services undertook

7 a comprehensive eighteen month study of such needs

8 with the assistance of two advisory groups, surveyed

9 524 museums from throughout the Nation, held dis10 cussion groups in which representatives of 25 mu11 seum groups participated, and conducted case stud12 ies of 12 museum facilities around the Nation;

13 (3) on the basis of this assessment, the Insti14 tute of Museum Services issued a report in Septem15 ber, 1992, entitled, ‘‘National Needs Assessment of

16 Small, Emerging, Minority and Rural Museums in

17 the United States’’ (hereinafter ‘‘National Needs As18 sessment’’) which found that small, emerging, mi19 nority, and rural museums provide valuable edu20 cational and cultural resources for their communities

21 and contain a reservoir of the Nation’s material, cul22 tural and historical heritage, but due to inadequate

23 resources are unable to meet their full potential or

24 the demands of the surrounding communities;
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1 (4) the needs of these institutions are not being

2 met through existing Federal programs;

3 (5) fewer than half of the participants in the

4 survey had applied for Federal assistance in the past

5 two years and that many small, emerging, minority

6 and rural museums believe existing Federal pro7 grams do not meet their needs;

8 (6) based on the National Needs Assessment,

9 that funding agencies should increase support avail10 able to small, emerging, minority, and rural muse11 ums and make specific recommendations for increas12 ing technical assistance in order to identify such in13 stitutions and provide assistance to facilitate their

14 participation in Federal programs;

15 (7) the Delta Initiatives Report made specific

16 recommendations for the creation and development

17 of centers for the preservation of the cultural, histor18 ical, and literary heritage of the Delta Region, in19 cluding recommendations for the establishment of a

20 Delta Region Native American Heritage and Cul21 tural Center and a Delta Region African American

22 Heritage and Cultural Center with additional sat23 ellite centers or museums linked throughout the

24 Delta Region;
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1 (8) the Delta Initiatives Report stated that new

2 ways of coordinating, preserving, and promoting the

3 Delta Region’s literature, art, and music should be

4 established including the creation of a network to

5 promote the Delta Region’s literary, artistic, and

6 musical heritage; and

7 (9) wholesale destruction and attrition of ar8 cheological sites and structures has eliminated a sig9 nificant portion of Native American heritage as well

10 as the interpretive potential of the Delta Region’s

11 parks and museums. Furthermore, site and struc12 ture destruction is so severe that an ambitious pro13 gram of site and structure acquisition in the Delta

14 Region is necessary.

15 (b) GENERAL.—The Secretary, in consultation with

16 the States of the Delta Region, the Chairman of the Na17 tional Endowment for the Arts, the Chairman of the Na18 tional Endowment for the Humanities, the Director of the

19 Smithsonian Institution, the Lower Mississippi Delta De20 velopment Center, Historically Black Colleges and Univer21 sities, and appropriate African American, Native Amer22 ican and other relevant institutions or organizations in the

23 Delta Region, is further directed to prepare and transmit

24 to the Congress a plan outlining specific recommendations,

25 including recommendations for necessary funding, for the
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1 establishment of a Delta Region Native American Herit2 age Corridor and Heritage and Cultural Center and a

3 Delta Region African American Heritage Corridor and

4 Heritage and Cultural Center with a network of satellite

5 or cooperative units.

6 (c) DELTA REGION NATIVE AMERICAN HERITAGE

7 CORRIDOR AND CULTURAL CENTER.—(1) The plan re8 ferred to in subsection (b) of this section shall include rec9 ommendations for establishing a network of parks, muse10 ums, and other centers to interpret Native American cul11 ture and heritage in the Delta Region, including a ten year

12 development strategy for such a network.

13 (2) Such plan shall include specific proposals for the

14 development of a Native American Heritage Corridor and

15 Heritage and Cultural Center in the Delta Region, along

16 with recommendations for the appropriate Federal role in

17 such a center including matching grants, technical and in18 terpretive assistance.

19 (3) Such plan shall be conducted in consultation with

20 tribal leaders in the Delta Region.

21 (4) Such plan shall also include specific proposals for

22 educational and training assistance for Delta Region Na23 tive Americans to carry out the recommendations provided

24 in the study.
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1 (d) DELTA REGION AFRICAN AMERICAN HERITAGE

2 CORRIDOR AND HERITAGE AND CULTURAL CENTER.—(1)

3 The plan referred to in subsection (b) of this section shall

4 include recommendations for establishing a heritage cor5 ridor or trail system, consisting of one or two major north6 south routes and several east-west-spur loops to preserve,

7 interpret and commemorate the African American herit8 age and culture in the Delta Region during all significant

9 historical periods.

10 (2) Such plan shall make specific recommendations

11 for representing all forms of expensive culture including

12 the musical, folklore, literary, artistic, scientific, historical,

13 educational, and political contributions and accomplish14 ments of African Americans in the Delta Region.

15 (3) Such plan shall make specific recommendations

16 for implementing the findings of the Delta Initiatives Re17 port with respect to establishing an African American

18 Heritage Corridor and Heritage and Cultural Center and

19 related satellite museums in the Delta Region, together

20 with specific funding levels necessary to carry out these

21 recommendations and shall also include recommendations

22 for improving access of small, emerging, minority or rural

23 museums to technical and financial assistance.

24 (4) Such plan shall be conducted in consultation with

25 institutions of higher education in the Delta Region with
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1 expertise in African American studies, Southern studies,

2 archeology, anthropology, history and other relevant fields.

3 (5) Such plan shall make specific recommendations

4 for improving educational programs offered by existing

5 cultural facilities and museums as well as establishing new

6 outreach programs for elementary, middle and secondary

7 schools, including summer programs for youth in the

8 Delta Region.

9 (e)(1) In furtherance of the purposes of this section,

10 the Secretary is authorized to make planning grants to

11 State Humanities Councils in the Delta Region to assist

12 small, emerging, minority and rural museums selected on

13 a financial needs basis in the development of a comprehen14 sive long term plan for these institutions. The Secretary

15 is also authorized to make implementation grants to State

16 Humanities Councils in the Delta Region who, in consulta17 tions with State Museum Associations, shall make grants

18 to small, emerging, minority or rural museums for the

19 purpose of carrying out an approved plan for training per20 sonnel, improving exhibits or other steps necessary to as21 sure the integrity of collections in their facilities, for edu22 cational outreach programs, or for other activities the Sec23 retary deems appropriate including the promotion of tour24 ism in the region. Such institutions shall be selected com25 petitively and on the basis of demonstrated financial need.
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1 The Secretary is also authorized to make grants to State

2 Humanities Councils to update, simplify and coordinate

3 the respective State Works Progress Administration

4 guides and to develop a single comprehensive guide for the

5 Delta Region.

6 (2) The Secretary is authorized to provide grants and

7 other appropriate technical assistance to State Human8 ities Councils, State museum Associations, and State Arts

9 Councils in the Delta Region for the purpose of assessing

10 the needs of such institutions. Such grants may be used

11 by these institutions to undertake such an assessment and

12 to provide other technical, administrative and planning as13 sistance to small, emerging, minority or rural institutions

14 seeking to preserve the Delta Region’s literary, artistic,

15 and musical heritage.

16 (f) MUSIC HERITAGE PROGRAM.—(1) The plan re17 ferred to in subsection (b) of this section shall include rec18 ommendations for establishing a Music Heritage Program,

19 with specific emphasis on the Mississippi Delta Blues. The

20 plan shall include specific recommendations for developing

21 a network of heritage sites, structures, small museums,

22 and festivals in the Delta Region.

23 (2) The plan shall include an economic strategy for

24 the promotion of the Delta Region’s music, through the

25 participation of musicians, festival developers, museum
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1 operators, universities, and other relevant individuals and

2 organizations.

3 (g) COMPLETION DATE.—The plan authorized in this

4 section shall be completed not later than three years after

5 the date funds are made available for such plan.

6 SEC. 907. HISTORIC AND PREHISTORIC STRUCTURES AND

7 SITES SURVEY.

8 (a) ASSISTANCE.—The Secretary is authorized to

9 provide technical and financial assistance to Historically

10 Black Colleges and Universities to undertake a com11 prehensive survey of historic and prehistoric structures

12 and sites located on their campuses, including rec13 ommendations as to the inclusion of appropriate struc14 tures and sites on the National Register of Historic

15 Places, designation as National Historic Landmarks, or

16 other appropriate designation as determined by the Sec17 retary. The Secretary shall also make specific proposals

18 and recommendations, together with estimates of nec19 essary funding levels, for a comprehensive plan to be car20 ried out by the Department to assist Historically Black

21 Colleges and Universities in the preservation and interpre22 tation of such sites and structures.

23 (b) GRANTS.—In furtherance of the purposes of this

24 section, the Secretary is authorized to provide technical

25 and financial assistance to Historically Black Colleges and
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1 Universities for stabilization, preservation and interpreta2 tion of such sites and structures.

3 SEC. 908. DELTA ANTIQUITIES SURVEY.

4 (a) GENERAL.—(1) The Secretary is directed to pre5 pare and transmit to the Congress, in cooperation with

6 the States of the Delta Region, State Archaeological Sur7 veys and Regional Archeological Centers, a study of the

8 feasibility of establishing a Delta Antiquities Trail or

9 Delta Antiquities Heritage Corridor in the Delta Region.

10 (2) Such study shall, to the extent practicable, use

11 nonintrusive methods of identifying, surveying,

12 inventorying, and stabilizing ancient archeological sites

13 and structures.

14 (3) In undertaking this study, the Secretary is di15 rected to enter into cooperative agreements with the

16 States of the Delta Region, the State Archeological Sur17 veys, and Regional Archeological Centers located in Delta

18 Region institutions of higher education for on-site activi19 ties including surveys, inventories, and stabilization and

20 other activities which the Secretary deems appropriate.

21 (4) In addition to the over 100 known ancient archeo22 logical sites located in the Delta Region including Wat23 son’s Brake, Frenchman’s Bend, Hedgepeth, Monte Sano,

24 Banana Bayou, Hornsby, Parkin, Toltec, Menard-Hodges,

25 Eaker, Blytheville Mound, Nodena, Taylor Mounds,
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1 DeSoto Mound and others, such study shall also employ

2 every practical means possible, including assistance from

3 the National Aeronautics and Space Administration, the

4 Forest Service and Soil Conservation Service of the De5 partment of Agriculture, the Army Corps of Engineers of

6 the Department of Defense, and other appropriate Federal

7 agencies, to locate and confirm the existence of a site

8 known as Balbansha in southern Louisiana and a site

9 known as Autiamque in Arkansas. The heads of these

10 Federal agencies shall cooperate with the Secretary as the

11 Secretary requires on a non-reimbursable basis.

12 (b) In furtherance of the purposes of this section, the

13 Secretary is authorized to provide technical assistance and

14 grants to private landowners for necessary stabilization

15 activities of identified sites and for preparing rec16 ommendations for designating such sites as National

17 Landmarks or other appropriate designations as the Sec18 retary, with the concurrence of the landowners, determines

19 to be appropriate.

20 (c) The Secretary is authorized to enter into coopera21 tive agreements with the States, State Archeological Sur22 veys, and Regional Archeological Centers of the Delta Re23 gion to develop a ten-year plan for the stabilization, pres24 ervation and interpretation of those sites and structures

25 as may be identified by the Secretary.
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1 SEC. 909. HISTORIC AND ARCHEOLOGICAL RESOURCES

2 PROGRAM.

3 (a) PROGRAM.—The Secretary shall conduct a com4 prehensive program for the research, interpretation, and

5 preservation of significant historic and archeological re6 sources in the Delta Region.

7 (b) ELEMENTS OF THE PROGRAM.—The program

8 shall include, but not be limited to—

9 (1) identification of research projects related to

10 historic and archeological resources in the Delta Re11 gion and a proposal for the regular publication of re12 lated research materials and publications;

13 (2) the development of a survey program to in14 vestigate, inventory and further evaluate known his15 toric and archeological sites and structures and iden16 tify those sites and structures that require additional

17 study;

18 (3) identification of a core system of interpre19 tive sites and structures that would provide a com20 prehensive overview of historic and archeological re21 sources of the Delta Region;

22 (4) preparation of educational materials to in23 terpret the historical and archeological resources of

24 the Delta Region;

25 (5) preparation of surveys and archeological

26 and historical investigations of sites, structures, and
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1 artifacts relating to the Delta Region, including the

2 preparation of reports, maps, and other related ac3 tivities.

4 (c) GRANTS AND TECHNICAL ASSISTANCE.—(1) The

5 Secretary is authorized to award grants to qualified tribal,

6 governmental and non-governmental entities and individ7 uals to assist the Secretary in carrying out those elements

8 of the program which the Secretary deems appropriate.

9 (2) The Secretary is further authorized to award

10 grants and provide other types of technical and financial

11 assistance to such entities and individuals to conserve and

12 protect historic and archeological sites and structures in

13 the Delta Region identified in the program prepared pur14 suant to this section.

15 (d) The Secretary shall establish a national dem16 onstration project for the conservation and curation of the

17 archeological records and collections of Federal and State

18 management agencies in the Delta Region.

19 TITLE X—AUTHORIZATION OF

20 APPROPRIATIONS

21 SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.

22 There are hereby authorized to be appropriated such

23 sums as may be necessary to carry out the purposes of

24 this Act.
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1 TITLE XI—NEW ORLEANS JAZZ NATIONAL

2 HISTORICAL PARK

3 SEC. 1101. SHORT TITLE.

4 This title may be cited as the ‘‘New Orleans Jazz Na5 tional Historical Park Act of 1994’’.

6 SEC. 1102. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds that:

8 (1) Jazz is the United States’ most widely rec9 ognized indigenous music and art form. Congress

10 previously recognized jazz in 1987 through Senate

11 Concurrent Resolution 57 as a rare and valuable na12 tional treasure of international importance.

13 (2) The city of New Orleans is widely recog14 nized as the birthplace of jazz. In and around this

15 city, cultural and musical elements blended to form

16 the unique American music that is known as New

17 Orleans jazz, which is an expression of the cultural

18 diversity of the lower Mississippi Delta Region.

19 (3) Jean Lafitte National Historical Park and

20 Preserve was established to commemorate the cul21 tural diversity of the lower Mississippi Delta Region

22 including a range of cultural expressions like jazz.

23 (b) PURPOSE.—In furtherance of the need to recog24 nize the value and importance of jazz, it is the purpose

25 of this title to establish a New Orleans Jazz National His-
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1 torical Park to preserve the origins, early history, develop2 ment and progression of jazz; provide visitors with oppor3 tunities to experience the sights, sounds, and places where

4 jazz evolved; and implement innovative ways of establish5 ing jazz educational partnerships that will help to ensure

6 that jazz continues as a vital element of the culture of

7 New Orleans and our Nation.

8 SEC. 1103. ESTABLISHMENT.

9 (a) IN GENERAL.—In order to assist in the preserva10 tion, education, and interpretation of jazz as it has evolved

11 in New Orleans, and to provide technical assistance to a

12 broad range of organizations involved with jazz music and

13 its history, there is hereby established the New Orleans

14 Jazz National Historical Park (hereinafter referred to as

15 the ‘‘historical park’’). The historical park shall be admin16 istered in conjunction with the Jean Lafitte National His17 torical Park and Preserve, which was established to pre18 serve and interpret the cultural and natural resources of

19 the lower Mississippi Delta Region.

20 (b) AREA INCLUDED.—The historical park shall con21 sist of lands and interests therein as follows:

22 (1) Lands which the Secretary of the Interior

23 (hereinafter referred to as ‘‘the Secretary’’) may

24 designate for an interpretive visitor center complex.
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1 (2) Sites that are the subject of cooperative

2 agreements with the National Park Service for the

3 purposes of interpretive demonstrations and pro4 grams associated with the purposes of this title.

5 (3)(A) Sites designated by the Secretary as pro6 vided in subparagraph (B).

7 (B)(i) No later than 18 months after the date

8 of enactment of this title, the Secretary is directed

9 to complete a national historic landmark evaluation

10 of sites associated with jazz in and around New Or11 leans as identified in the document entitled ‘‘New

12 Orleans Jazz Special Resource Study’’, prepared by

13 the National Park Service pursuant to Public Law

14 101–499. In undertaking the evaluation, the Sec15 retary shall, to the extent practicable, utilize existing

16 information relating to such sites.

17 (ii) If any of the sites evaluated are found to

18 meet the standards of the National Historic Land19 mark program and National Park Service tests of

20 suitability and feasibility, and offer outstanding op21 portunities to further the purposes of this title, the

22 Secretary may designate such sites as part of the

23 historical park, following consultation with the own24 ers of such sites, the city of New Orleans, the

25 Smithsonian Institution, and the New Orleans Jazz
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1 Commission, and notification to the Committee on

2 Energy and Natural Resources of the United States

3 Senate and the Committee on Natural Resources of

4 the United States House of Representatives.

5 SEC. 1104. ADMINISTRATION.

6 (a)(1) IN GENERAL.—The Secretary shall administer

7 the historical park in accordance with this title and with

8 provisions of law generally applicable to units of the Na9 tional Park System, including the Act entitled ‘‘An Act

10 to establish a National Park Service, and for other pur11 poses’’, approved August 25, 1916 (39 Stat. 535; 16

12 U.S.C. 1, 2–4); and the Act of August 21, 1935 (49 Stat.

13 666; 16 U.S.C. 461–467). The Secretary shall manage the

14 historical park in such a manner as will preserve and per15 petuate knowledge and understanding of the history of

16 jazz and its continued evolution as a true American art

17 form.

18 (2) To minimize operational costs associated with the

19 management and administration of the historical park and

20 to avoid duplication of effort, the Secretary shall, to the

21 maximum extent practicable, utilize the facilities, adminis22 trative staff and other services of the Jean Lafitte Na23 tional Historical Park and Preserve.

24 (b) DONATIONS.—The Secretary may accept and re25 tain donations of funds, property, or services from individ-
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1 uals, foundations, corporations, or other public entities for

2 the purposes of providing services, programs, and facilities

3 that further the purposes of this title.

4 (c) INTERPRETIVE CENTER.—The Secretary is au5 thorized to construct, operate, and maintain an interpre6 tive center in the historical park on lands identified by

7 the Secretary pursuant to section 1103(b)(1). Programs

8 at the center shall include, but need not be limited to, live

9 jazz interpretive and educational programs, and shall pro10 vide visitors with information about jazz-related programs,

11 performances, and opportunities.

12 (d) JAZZ HERITAGE DISTRICTS.—The Secretary may

13 provide technical assistance to the city of New Orleans and

14 other appropriate entities for the designation of certain

15 areas in and around New Orleans as jazz heritage dis16 tricts. Such districts shall include those areas with an ex17 ceptional concentration of jazz historical sites and estab18 lished community traditions of jazz street parades.

19 (e) COOPERATIVE AGREEMENTS, GRANTS AND

20 TECHNICAL ASSISTANCE.—In furtherance of the purposes

21 of this title—

22 (1) the Secretary, after consultation with the

23 New Orleans Jazz Commission established pursuant

24 to section 1107, is authorized to enter into coopera25 tive agreements with owners of properties that are
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1 designated pursuant to section 1103(b)(3) which

2 provide outstanding educational and interpretive op3 portunities relating to the evolution of jazz in New

4 Orleans. The Secretary may assist in rehabilitating,

5 restoring, marking, and interpreting and may pro6 vide technical assistance for the preservation and in7 terpretation of such properties. Such agreements

8 shall contain, but need not be limited to, provisions

9 that the National Park Service will have reasonable

10 rights of access for operational and visitor use

11 needs, that rehabilitation and restoration will meet

12 the Secretary’s standards for rehabilitation of his13 toric buildings, and that specify the roles and re14 sponsibilities of the Secretary for each site or struc15 ture;

16 (2) the Secretary is authorized to enter into co17 operative agreements with the city of New Orleans,

18 the State of Louisiana, and other appropriate public

19 and private organizations under which the other par20 ties to the agreement may contribute to the acquisi21 tion, construction, operation, and maintenance of the

22 interpretive center and to the operation of edu23 cational and interpretive programs to further the

24 purposes of this title; and
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1 (3) the Secretary, in consultation with the New

2 Orleans Jazz Commission, is authorized to provide

3 grants or technical assistance to public and private

4 organizations.

5 (f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary

6 shall, in the administration of the historical park, promote

7 a broad range of educational activities relating to jazz and

8 its history. The Secretary shall cooperate with schools,

9 universities, and organizations supporting jazz education

10 to develop educational programs that provide expanded

11 public understanding of jazz and enhanced opportunities

12 for public appreciation. The Secretary may assist appro13 priate entities in the development of an information base

14 including archival material, audiovisual records, and ob15 jects that relate to the history of jazz.

16 SEC. 1105. ACQUISITION OF PROPERTY.

17 (a) GENERAL AUTHORITY.—The Secretary may ac18 quire lands and interests therein within the sites des19 ignated pursuant to section 1103(b)(1) and (3) by dona20 tion or purchase with donated or appropriated funds or

21 long term lease: Provided, That sites designated pursuant

22 to section 1103(b)(3) shall only be acquired with the con23 sent of the owner thereof.

24 (b) STATE AND LOCAL PROPERTIES.—Lands and in25 terests in lands which are owned by the State of Louisi-
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1 ana, or any political subdivision thereof, may be acquired

2 only by donation.

3 SEC. 1106. GENERAL MANAGEMENT PLAN.

4 Within 3 years after the date funds are made avail5 able therefor and concurrent with the national landmark

6 study referenced in section 1103(b)(3), the Secretary, in

7 consultation with the New Orleans Jazz Commission, shall

8 prepare a general management plan for the historical

9 park. The plan shall include, but need not be limited to—

10 (1) a visitor use plan indicating programs and

11 facilities associated with park programs that will be

12 made available to the public;

13 (2) preservation and use plans for any struc14 tures and sites that are identified through the his15 toric landmark study for inclusion within the histori16 cal park;

17 (3) the location and associated cost of public fa18 cilities that are proposed for inclusion within the his19 torical park, including a visitor center;

20 (4) identification of programs that the Sec21 retary will implement or be associated with through

22 cooperative agreements with other groups and orga23 nizations;
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1 (5) a transportation plan that addresses visitor

2 use access needs to sites, facilities, and programs

3 central to the purpose of the historical park;

4 (6) plans for the implementation of an archival

5 system for materials, objects, and items of impor6 tance relating to the history of jazz; and

7 (7) guidelines for the application of cooperative

8 agreements that will be used to assist in the man9 agement of historical park facilities and programs.

10 SEC. 1107. ESTABLISHMENT OF THE NEW ORLEANS JAZZ

11 COMMISSION.

12 (a) ESTABLISHMENT.—To assist in implementing the

13 purposes of this title and the document entitled ‘‘New Or14 leans Jazz Special Resource Study’’, there is established

15 the New Orleans Jazz Commission (hereinafter referred

16 to as the ‘‘Commission’’).

17 (b) MEMBERSHIP.—The Commission shall consist of

18 17 members to be appointed no later than 6 months after

19 the date of enactment of this Act. The Commission shall

20 be appointed by the Secretary as follows:

21 (1) One member from recommendations submit22 ted by the Mayor of New Orleans.

23 (2) Two members who have recognized exper24 tise in music education programs that emphasize

25 jazz.
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1 (3) One member, with experience in and knowl2 edge of tourism in the greater New Orleans area,

3 from recommendations submitted by local busi4 nesses.

5 (4) One member from recommendations submit6 ted by the Board of the New Orleans Jazz and Her7 itage Foundation.

8 (5) One member, with experience in and knowl9 edge of historic preservation within the New Orleans

10 area.

11 (6) Two members, one from recommendations

12 submitted by the Secretary of the Smithsonian Insti13 tution and one member from recommendations sub14 mitted by the Chairman of the National Endowment

15 of the Arts, who are recognized musicians with

16 knowledge and experience in the development of jazz

17 in New Orleans.

18 (7) Two members, one from recommendations

19 submitted by the Secretary of the Smithsonian Insti20 tution and one member from recommendations sub21 mitted by the Director of the Louisiana State Mu22 seum with recognized expertise in the interpretation

23 of jazz history or traditions related to jazz in New

24 Orleans.
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1 (8) Two members who represent local neighbor2 hood groups or other local associations; from rec3 ommendations submitted by the Mayor of New Orle4 ans.

5 (9) One member representing local mutual aid

6 and benevolent societies as well as local social and

7 pleasure clubs, from recommendations submitted by

8 the Board of the New Orleans Jazz and Heritage

9 Foundation.

10 (10) One member from recommendations sub11 mitted by the Governor of the State of Louisiana,

12 who shall be a member of the Louisiana State Music

13 Commission.

14 (11) One member representing the New Orleans

15 Jazz Club from recommendations submitted by the

16 club.

17 (12) One member who is a recognized local ex18 pert on the history, development and progression of

19 jazz in New Orleans and is familiar with existing ar20 chival materials from recommendations submitted by

21 the Librarian of Congress.

22 (13) The Director of the National Park Service,

23 or the Director’s designee, ex officio.

24 (c) DUTIES OF THE COMMISSION.—The Commission

25 shall—
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1 (1) advise the Secretary in the preparation of

2 the general management plan for the historical park;

3 assist in public discussions of planning proposals;

4 and assist the National Park Service in working

5 with individuals, groups, and organizations including

6 economic and business interests in determining pro7 grams in which the Secretary should participate

8 through cooperative agreement;

9 (2) in consultation and cooperation with the

10 Secretary, develop partnerships with educational

11 groups, schools, universities, and other groups to

12 furtherance of the purposes of this title;

13 (3) in consultation and cooperation with the

14 Secretary, develop partnerships with city-wide orga15 nizations, and raise and disperse funds for programs

16 that assist mutual aid and benevolent societies, so17 cial and pleasure clubs and other traditional groups

18 in encouraging the continuation of and enhancement

19 of jazz cultural traditions;

20 (4) acquire or lease property for jazz education,

21 and advise on hiring brass bands and musical groups

22 to participate in education programs and help train

23 young musicians;
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1 (5) in consultation and cooperation with the

2 Secretary, provide recommendations for the location

3 of the visitor center and other interpretive sites;

4 (6) assist the Secretary in providing funds to

5 support research on the origins and early history of

6 jazz in New Orleans; and

7 (7) notwithstanding any other provision of law,

8 seek and accept donations of funds, property, or

9 services from individuals, foundations, corporations,

10 or other public or private entities and expend and

11 use the same for the purposes of providing services,

12 programs, and facilities for jazz education, or assist13 ing in the rehabilitation and restoration of struc14 tures identified in the national historic landmark

15 study referenced in section 1103(b)(3) as having

16 outstanding significance to the history of jazz in

17 New Orleans.

18 (d) APPOINTMENT.—Members of the Commission

19 shall be appointed for staggered terms of 3 years, as des20 ignated by the Secretary at the time of the initial appoint21 ment.

22 (e) CHAIRMAN.—The Commission shall elect a chair23 man from among its members. The term of the chairman

24 shall be for 3 years.
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1 (f) TERMS.—Any member of the Commission ap2 pointed by the Secretary for a 3-year term may serve after

3 the expiration of his or her term until a successor is ap4 pointed. Any vacancy shall be filled in the same manner

5 in which the original appointment was made. Any member

6 appointed to fill a vacancy shall serve for the remainder

7 of the term for which the predecessor was appointed.

8 (g) PER DIEM EXPENSES.—Members of the Commis9 sion shall serve without compensation. Members shall be

10 entitled to travel expenses under section 5703, title 5,

11 United States Code, when engaged in Commission busi12 ness, including per diem in lieu of subsistence in the same

13 manner as persons employed intermittently.

14 (h) ADMINISTRATIVE SUPPORT.—The Secretary shall

15 provide the Commission with assistance in obtaining such

16 personnel, equipment, and facilities as may be needed by

17 the Commission to carry out its duties.

18 (i) ANNUAL REPORT.—The Commission shall submit

19 an annual report to the Secretary identifying its expenses

20 and income and the entities to which any grants or tech21 nical assistance were made during the year for which the

22 report is made.
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1 SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out this title.

Passed the Senate April 13 (legislative day, April

11), 1994.

Attest:

Secretary.
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