II 

Calendar No. 855 

110TH CONGRESS 

2D SESSION S. 3213 

To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2008 

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

JUNE 27, 2008 

Read the second time and placed on the calendar 

A BILL 

To designate certain land as components of the National 

Wilderness Preservation System, to authorize certain 

programs and activities in the Department of the Interior 

and the Department of Agriculture, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Omnibus Public Land Management Act of 2008’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS 

PRESERVATION SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

Sec. 101. Designation of wilderness, Monongahela National Forest, West Virginia. 

Sec. 102. Boundary adjustment, Laurel Fork South Wilderness, Monongahela 

National Forest. 

Sec. 103. Monongahela National Forest boundary confirmation. 

Sec. 104. Enhanced Trail Opportunities. 

Subtitle B—Virginia Ridge and Valley Wilderness 

Sec. 111. Definitions. 

Sec. 112. Designation of additional National Forest System land in Jefferson 

National Forest, Virginia, as wilderness or a wilderness study 

area. 

Sec. 113. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia. 

Sec. 114. Seng Mountain and Bear Creek Scenic Areas, Jefferson National 

Forest, Virginia. 

Sec. 115. Trail plan and development. 

Sec. 116. Maps and boundary descriptions. 

Sec. 117. Effective date. 

Subtitle C—Mt. Hood Wilderness, Oregon 

Sec. 121. Definitions. 

Sec. 122. Designation of wilderness areas. 

Sec. 123. Designation of streams for wild and scenic river protection in the 

Mount Hood area. 

Sec. 124. Mount Hood National Recreation Area. 

Sec. 125. Protections for Crystal Springs, Upper Big Bottom, and Cultus 

Creek. 

Sec. 126. Land exchanges. 

Sec. 127. Tribal provisions; planning and studies. 

Subtitle D—Copper Salmon Wilderness, Oregon 

Sec. 131. Designation of the Copper Salmon Wilderness. 

Sec. 132. Wild and Scenic River Designations, Elk River, Oregon. 

Sec. 133. Protection of tribal rights. 

Subtitle E—Cascade-Siskiyou National Monument, Oregon 

Sec. 141. Definitions. 

Sec. 142. Voluntary grazing lease donation program. 

Sec. 143. Box R Ranch land exchange. 

Sec. 144. Deerfield land exchange. 

Sec. 145. Soda Mountain Wilderness. 


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Sec. 146. Effect. 

Subtitle F—Owyhee Public Land Management 

Sec. 151. Definitions. 

Sec. 152. Owyhee Science Review and Conservation Center. 

Sec. 153. Wilderness areas. 

Sec. 154. Designation of wild and scenic rivers. 

Sec. 155. Land identified for disposal. 

Sec. 156. Tribal cultural resources. 

Sec. 157. Recreational travel management plans. 

Sec. 158. Authorization of appropriations. 

Subtitle G—Boundary Adjustment, Frank Church River of No Return 

Wilderness 

Sec. 161. Purposes. 

Sec. 162. Definitions. 

Sec. 163. Boundary adjustment. 

Sec. 164. Conveyance of land designated for exclusion. 

Subtitle H—Rocky Mountain National Park Wilderness 

Sec. 171. Definitions. 

Sec. 172. Rocky Mountain National Park Wilderness. 

Sec. 173. Grand River Ditch and Colorado-Big Thompson projects. 

Sec. 174. East Shore Trail Area. 

Sec. 175. National forest area boundary adjustments. 

Sec. 176. Authority to lease Leiffer tract. 

TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS 

Subtitle A—National Landscape Conservation System 

Sec. 201. Definitions. 

Sec. 202. Establishment of the National Landscape Conservation System. 

Sec. 203. Authorization of appropriations. 

Subtitle B—Prehistoric Trackways National Monument 

Sec. 211. Findings. 

Sec. 212. Definitions. 

Sec. 213. Establishment. 

Sec. 214. Administration. 

Sec. 215. Authorization of appropriations. 

Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area 

Sec. 221. Definitions. 

Sec. 222. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area. 

Sec. 223. Management of the Conservation Area. 

Sec. 224. Authorization of appropriations. 

Subtitle D—Snake River Birds of Prey National Conservation Area 

Sec. 231. Snake River Birds of Prey National Conservation Area. 

Subtitle E—Rio Puerco Watershed Management Program 


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Sec. 241. Rio Puerco Watershed Management Program. 

Subtitle F—Land Conveyances and Exchanges 

Sec. 251. Pima County, Arizona, land exchange. 

Sec. 252. Southern Nevada limited transition area conveyance. 

Sec. 253. Nevada Cancer Institute land conveyance. 

Sec. 254. Turnabout Ranch land conveyance, Utah. 

Sec. 255. Boy Scouts land exchange, Utah. 

Sec. 256. Douglas County, Washington, land conveyance. 

TITLE III—FOREST SERVICE AUTHORIZATIONS 

Subtitle A—Watershed Restoration and Enhancement 

Sec. 301. Watershed restoration and enhancement agreements. 

Subtitle B—Wildland Firefighter Safety 

Sec. 311. Wildland firefighter safety. 

Subtitle C—Wyoming Range 

Sec. 321. Definitions. 

Sec. 322. Withdrawal of certain land in the Wyoming range. 

Sec. 323. Acceptance of the donation of valid existing mining or leasing rights 

in the Wyoming range. 

Subtitle D—Land Conveyances and Exchanges 

Sec. 331. Land conveyance to City of Coffman Cove, Alaska. 

Sec. 332. Beaverhead-Deerlodge National Forest land conveyance, Montana. 

Sec. 333. Santa Fe National Forest; Pecos National Historical Park Land Exchange. 

Sec. 334. Santa Fe National Forest Land Conveyance, New Mexico. 

Sec. 335. Kittitas County, Washington land conveyance. 

Sec. 336. Mammoth Community Water District use restrictions. 

TITLE IV—FOREST LANDSCAPE RESTORATION 

Sec. 401. Purpose. 

Sec. 402. Definitions. 

Sec. 403. Collaborative Forest Landscape Restoration Program. 

Sec. 404. Authorization of appropriations. 

TITLE V—RIVERS AND TRAILS 

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

Sec. 501. Fossil Creek, Arizona. 

Sec. 502. Snake River Headwaters, Wyoming. 

Sec. 503. Taunton River, Massachusetts. 

Subtitle B—Additions to the National Trails System 

Sec. 511. Arizona National Scenic Trail. 

Sec. 512. New England National Scenic Trail. 

Sec. 513. Ice Age Floods National Geologic Trail. 


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Sec. 514. Washington-Rochambeau Revolutionary Route National Historic 

Trail. 

Subtitle C—National Trail System Amendments 

Sec. 521. National Trails System willing seller authority. 

Sec. 522. Revision of feasibility and suitability studies of existing national historic trails. 

TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS 

Subtitle A—National Parks and Federal Recreational Lands Pass Discount 

Sec. 601. National Parks and Federal Recreational Lands Pass for eligible individuals. 

Subtitle B—Competitive Status for Federal Employees in Alaska 

Sec. 611. Competitive status for certain Federal employees in the State of Alaska. 

Subtitle C—National Tropical Botanical Garden 

Sec. 621. Authorization of appropriations for National Tropical Botanical Garden. 

Subtitle D—Management of the Baca National Wildlife Refuge 

Sec. 631. Baca National Wildlife Refuge. 

Subtitle E—Paleontological Resources Preservation 

Sec. 641. Definitions. 

Sec. 642. Management. 

Sec. 643. Public awareness and education program. 

Sec. 644. Collection of paleontological resources. 

Sec. 645. Curation of resources. 

Sec. 646. Prohibited acts; criminal penalties. 

Sec. 647. Civil penalties. 

Sec. 648. Rewards and forfeiture. 

Sec. 649. Confidentiality. 

Sec. 650. Regulations. 

Sec. 651. Savings provisions. 

Sec. 652. Authorization of appropriations. 

TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS 

Subtitle A—Additions to the National Park System 

Sec. 701. Paterson Great Falls National Historical Park, New Jersey. 

Sec. 702. Thomas Edison National Historical Park, New Jersey. 

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

Sec. 711. Funding for Keweenaw National Historical Park. 

Sec. 712. Location of visitor and administrative facilities for Weir Farm National Historic Site. 

Sec. 713. Little River Canyon National Preserve boundary expansion. 

Sec. 714. Hopewell Culture National Historical Park boundary expansion. 


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Sec. 715. Jean Lafitte National Historical Park and Preserve boundary adjustment. 

Sec. 716. Minute Man National Historical Park. 

Sec. 717. Everglades National Park. 

Sec. 718. Kalaupapa National Historical Park. 

Sec. 719. Boston Harbor Islands National Recreation Area. 

Subtitle C—Special Resource Studies 

Sec. 721. William Jefferson Clinton Birthplace Home National Historic Site. 

Sec. 722. Walnut Canyon study. 

Sec. 723. Tule Lake Segregation Center, California. 

Sec. 724. Estate Grange, St. Croix. 

Sec. 725. Harriet Beecher Stowe House, Maine. 

Sec. 726. Shepherdstown battlefield, West Virginia. 

Sec. 727. Green McAdoo School, Tennessee. 

Sec. 728. Harry S Truman Birthplace, Missouri. 

Sec. 729. Battle of Matewan special resource study. 

Sec. 730. Butterfield Overland Trail. 

Subtitle D—Program Authorizations 

Sec. 741. American Battlefield Protection Program. 

Sec. 742. Preserve America Program. 

Sec. 743. Save America’s Treasures Program. 

Subtitle E—Advisory Commission 

Sec. 744. Na Hoa Pili O Kaloko-Honokohau Advisory Commission. 

TITLE VIII—NATIONAL HERITAGE AREAS 

Subtitle A—National Heritage Area Program 

Sec. 801. Purposes. 

Sec. 802. Definitions. 

Sec. 803. National Heritage Areas system. 

Sec. 804. Studies. 

Sec. 805. Designation of National Heritage Areas. 

Sec. 806. Management plans. 

Sec. 807. Evaluation; report. 

Sec. 808. Local coordinating entities. 

Sec. 809. Relationship to other Federal agencies. 

Sec. 810. Private property and regulatory protections. 

Sec. 811. Partnership support. 

Sec. 812. Authorization of appropriations. 

Subtitle B—Designation of National Heritage Areas 

Sec. 821. Sangre de Cristo National Heritage Area, Colorado. 

Sec. 822. Cache La Poudre River National Heritage Area, Colorado. 

Sec. 823. South Park National Heritage Area, Colorado. 

Sec. 824. Northern Plains National Heritage Area, North Dakota. 

Sec. 825. Baltimore National Heritage Area, Maryland. 

Sec. 826. Freedom’s Way National Heritage Area, Massachusetts and New 

Hampshire. 

Sec. 827. Mississippi Hills National Heritage Area. 

Sec. 828. Mississippi Delta National Heritage Area. 


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Sec. 829. Muscle Shoals National Heritage Area, Alabama. 

Sec. 830. Santa Cruz Valley National Heritage Area, Arizona. 

Subtitle C—Studies 

Sec. 841. Chattahoochee Trace, Alabama and Georgia. 

Sec. 842. Northern Neck, Virginia. 

Subtitle D—Amendments Relating to National Heritage Corridors 

Sec. 851. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. 

Sec. 852. Delaware And Lehigh National Heritage Corridor. 

Sec. 853. Erie Canalway National Heritage Corridor. 

Sec. 854. John H. Chafee Blackstone River Valley National Heritage Corridor. 

TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

Sec. 901. Snake, Boise, and Payette River systems, Idaho. 

Sec. 902. Sierra Vista Subwatershed, Arizona. 

Subtitle B—Project Authorizations 

Sec. 911. Tumalo Irrigation District Water Conservation Project, Oregon. 

Sec. 912. Madera Water Supply Enhancement Project, California. 

Sec. 913. Eastern New Mexico Rural Water System project, New Mexico. 

Sec. 914. Rancho Cailfornia Water District project, California. 

Subtitle C—Title Transfers and Clarifications 

Sec. 921. Transfer of McGee Creek pipeline and facilities. 

Sec. 922. Albuquerque Biological Park, New Mexico, title clarification. 

Subtitle D—San Gabriel Basin Restoration Fund 

Sec. 931. Restoration Fund. 

Subtitle E—Lower Colorado River Multi-Species Conservation Program 

Sec. 941. Definitions. 

Sec. 942. Implementation and water accounting. 

Sec. 943. Enforceability of program documents. 

Sec. 944. Authorization of appropriations. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration Settlement 

PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

Sec. 1001. Short title. 

Sec. 1002. Purpose. 

Sec. 1003. Definitions. 

Sec. 1004. Implementation of settlement. 

Sec. 1005. Acquisition and disposal of property; title to facilities. 

Sec. 1006. Compliance with applicable law. 

Sec. 1007. Compliance with Central Valley Project Improvement Act. 

Sec. 1008. No private right of action. 


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Sec. 1009. Appropriations; Settlement Fund. 

Sec. 1010. Repayment contracts and acceleration of repayment of construction 

costs. 

Sec. 1011. California Central Valley Spring Run Chinook salmon. 

PART II—STUDY TO DEVELOP WATER PLAN; REPORT

Sec. 1021. Study to develop water plan; report. 

PART III—FRIANT DIVISION IMPROVEMENTS

Sec. 1031. Federal facility improvements. 

Sec. 1032. Financial assistance for local projects. 

Sec. 1033. Authorization of appropriations. 

Subtitle B—Northwestern New Mexico Rural Water Projects 

Sec. 1041. Short title. 

Sec. 1042. Definitions. 

Sec. 1043. Compliance with environmental laws. 

Sec. 1044. No reallocation of costs. 

Sec. 1045. Interest rate. 

PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT

AND PUBLIC LAW 87–483 

Sec. 1051. Amendments to the Colorado River Storage Project Act. 

Sec. 1052. Amendments to Public Law 87–483. 

Sec. 1053. Effect on Federal water law. 

PART II—RECLAMATION WATER SETTLEMENTS FUND

Sec. 1061. Reclamation Water Settlements Fund. 

PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT

Sec. 1071. Purposes. 

Sec. 1072. Authorization of Navajo-Gallup Water Supply Project. 

Sec. 1073. Delivery and use of Navajo-Gallup Water Supply Project water. 

Sec. 1074. Project contracts. 

Sec. 1075. Navajo Nation Municipal Pipeline. 

Sec. 1076. Authorization of conjunctive use wells. 

Sec. 1077. San Juan River Navajo Irrigation Projects. 

Sec. 1078. Other irrigation projects. 

Sec. 1079. Authorization of appropriations. 

PART IV—NAVAJO NATION WATER RIGHTS

Sec. 1081. Agreement. 

Sec. 1082. Trust Fund. 

Sec. 1083. Waivers and releases. 

Sec. 1084. Water rights held in trust. 

TITLE XI—UNITED STATES GEOLOGICAL SURVEY 

AUTHORIZATIONS 

Sec. 1101. Reauthorization of the National Geologic Mapping Act of 1992. 

Sec. 1102. New Mexico water resources study. 


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TITLE XII—MISCELLANEOUS 

Sec. 1201. Management and distribution of North Dakota trust funds. 

Sec. 1202. Amendments to the Fisheries Restoration and Irrigation Mitigation 

Act of 2000. 

Sec. 1203. Amendments to the Alaska Natural Gas Pipeline Act. 

Sec. 1204. Additional Assistant Secretary for Department of Energy. 

1 TITLE I—ADDITIONS TO THE NA2 TIONAL WILDERNESS PRES3 ERVATION SYSTEM 

4 Subtitle A—Wild Monongahela 

5 Wilderness 

6 SEC. 101. DESIGNATION OF WILDERNESS, MONONGAHELA 

7 NATIONAL FOREST, WEST VIRGINIA. 

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

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

10 Federal lands within the Monongahela National Forest in 

11 the State of West Virginia are designated as wilderness 

12 and as either a new component of the National Wilderness 

13 Preservation System or as an addition to an existing com14 ponent of the National Wilderness Preservation System: 

15 (1) Certain Federal land comprising approxi16 mately 5,144 acres, as generally depicted on the 

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

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

19 ‘‘Big Draft Wilderness’’. 

20 (2) Certain Federal land comprising approxi21 mately 11,951 acres, as generally depicted on the 

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1 derness’’ and dated March 11, 2008, which shall be 

2 added to and administered as part of the Cranberry 

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

4 97–466 (96 Stat. 2538). 

5 (3) Certain Federal land comprising approxi6 mately 7,156 acres, as generally depicted on the 

7 map entitled ‘‘Dolly Sods Expansion Proposed Wil8 derness’’ and dated March 11, 2008, which shall be 

9 added to and administered as part of the Dolly Sods 

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

11 Law 93–622 (88 Stat. 2098). 

12 (4) Certain Federal land comprising approxi13 mately 698 acres, as generally depicted on the map 

14 entitled ‘‘Otter Creek Expansion Proposed Wilder15 ness’’ and dated March 11, 2008, which shall be 

16 added to and administered as part of the Otter 

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

18 Public Law 93–622 (88 Stat. 2098). 

19 (5) Certain Federal land comprising approxi20 mately 6,792 acres, as generally depicted on the 

21 map entitled ‘‘Roaring Plains Proposed Wilderness’’ 

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

23 the ‘‘Roaring Plains West Wilderness’’. 

24 (6) Certain Federal land comprising approxi25 mately 6,030 acres, as generally depicted on the 


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

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

3 ‘‘Spice Run Wilderness’’. 

4 (b) MAPS AND LEGAL DESCRIPTION.— 

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

6 practicable after the date of the enactment of this 

7 Act, the Secretary of Agriculture, acting through the 

8 Chief of the Forest Service, shall file with the Com9 mittee on Natural Resources of the House of Rep10 resentatives and the Committee on Energy and Nat11 ural Resources of the Senate a map and legal de12 scription of each wilderness area designated or ex13 panded by subsection (a). The maps and legal de14 scriptions shall be on file and available for public in15 spection in the office of the Chief of the Forest Serv16 ice and the office of the Supervisor of the 

17 Monongahela National Forest. 

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

19 descriptions referred to in this subsection shall have 

20 the same force and effect as if included in this sub21 title, except that the Secretary may correct errors in 

22 the maps and descriptions. 

23 (c) ADMINISTRATION.—Subject to valid existing 

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

2 seq.). The Secretary may continue to authorize the com3 petitive running event permitted from 2003 through 2007 

4 in the vicinity of the boundaries of the Dolly Sods Wilder5 ness addition designated by paragraph (3) of subsection 

6 (a) and the Roaring Plains West Wilderness Area des7 ignated by paragraph (5) of such subsection, in a manner 

8 compatible with the preservation of such areas as wilder9 ness. 

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

11 respect to the Federal lands designated as wilderness by 

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

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

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

15 enactment of this Act. 

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

17 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

18 nothing in this section affects the jurisdiction or responsi19 bility of the State of West Virginia with respect to wildlife 

20 and fish. 

21 SEC. 102. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH 

22 WILDERNESS, MONONGAHELA NATIONAL 

23 FOREST. 

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

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


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1 of Public Law 97–466 (96 Stat. 2538) is modified to ex2 clude two parcels of land, as generally depicted on the map 

3 entitled ‘‘Monongahela National Forest Laurel Fork 

4 South Wilderness Boundary Modification’’ and dated 

5 March 11, 2008, and more particularly described accord6 ing to the site-specific maps and legal descriptions on file 

7 in the office of the Forest Supervisor, Monongahela Na8 tional Forest. The general map shall be on file and avail9 able for public inspection in the Office of the Chief of the 

10 Forest Service. 

11 (b) MANAGEMENT.—Federally owned land delineated 

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

13 Fork South Wilderness, as modified by such subsection, 

14 shall continue to be administered by the Secretary of Agri15 culture in accordance with Wilderness Act (16 U.S.C. 

16 1131 et seq.). 

17 SEC. 103. MONONGAHELA NATIONAL FOREST BOUNDARY 

18 CONFIRMATION. 

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

20 Monongahela National Forest is confirmed to include the 

21 tracts of land as generally depicted on the map entitled 

22 ‘‘Monongahela National Forest Boundary Confirmation’’ 

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

24 the jurisdiction of the Secretary of Agriculture, acting 

25 through the Chief of the Forest Service, encompassed 


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1 within such boundary shall be managed under the laws 

2 and regulations pertaining to the National Forest System. 

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

4 the purposes of section 7 of the Land and Water Con5 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

6 boundaries of the Monongahela National Forest, as con7 firmed by subsection (a), shall be considered to be the 

8 boundaries of the Monongahela National Forest as of Jan9 uary 1, 1965. 

10 SEC. 104. ENHANCED TRAIL OPPORTUNITIES. 

11 (a) PLAN.— 

12 (1) IN GENERAL.—The Secretary of Agri13 culture, in consultation with interested parties, shall 

14 develop a plan to provide for enhanced nonmotorized 

15 recreation trail opportunities on lands not des16 ignated as wilderness within the Monongahela Na17 tional Forest. 

18 (2) NONMOTORIZED RECREATION TRAIL DE19 FINED.—For the purposes of this subsection, the 

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

21 designed for hiking, bicycling, and equestrian use. 

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

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

24 shall submit to Congress a report on the implementation 


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

2 identification of priority trails for development. 

3 (c) CONSIDERATION OF CONVERSION OF FOREST

4 ROADS TO RECREATIONAL USES.—In considering possible 

5 closure and decommissioning of a Forest Service road 

6 within the Monongahela National Forest after the date of 

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

8 in accordance with applicable law, may consider converting 

9 the road to nonmotorized uses to enhance recreational op10 portunities within the Monongahela National Forest. 

11 Subtitle B—Virginia Ridge and 

12 Valley Wilderness 

13 SEC. 111. DEFINITIONS. 

14 In this subtitle: 

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

16 means the Seng Mountain National Scenic Area and 

17 the Bear Creek National Scenic Area. 

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

19 the Secretary of Agriculture. 


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1 SEC. 112. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

2 SYSTEM LAND IN JEFFERSON NATIONAL FOR3 EST, VIRGINIA, AS WILDERNESS OR A WIL4 DERNESS STUDY AREA. 

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

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

7 584, 114 Stat. 2057), is amended— 

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

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

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

11 and inserting ‘‘Certain’’; 

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

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

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

16 inserting a period; and 

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

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

19 Forest comprising approximately 3,743 acres, as 

20 generally depicted on the map entitled ‘Brush Moun21 tain and Brush Mountain East’ and dated May 5, 

22 2008, which shall be known as the ‘Brush Mountain 

23 East Wilderness’. 

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

25 Forest comprising approximately 4,794 acres, as 

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

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

3 Wilderness’. 

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

5 Forest comprising approximately 4,223 acres, as 

6 generally depicted on the map entitled ‘Seng Moun7 tain and Raccoon Branch’ and dated April 28, 2008, 

8 which shall be known as the ‘Raccoon Branch Wil9 derness’. 

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

11 Forest comprising approximately 3,270 acres, as 

12 generally depicted on the map entitled ‘Stone Moun13 tain’ and dated April 28, 2008, which shall be 

14 known as the ‘Stone Mountain Wilderness’. 

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

16 Forest comprising approximately 8,470 acres, as 

17 generally depicted on the map entitled ‘Garden 

18 Mountain and Hunting Camp Creek’ and dated 

19 April 28, 2008, which shall be known as the ‘Hunt20 ing Camp Creek Wilderness’. 

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

22 Forest comprising approximately 3,291 acres, as 

23 generally depicted on the map entitled ‘Garden 

24 Mountain and Hunting Camp Creek’ and dated 


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

2 Mountain Wilderness’. 

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

4 Forest comprising approximately 5,476 acres, as 

5 generally depicted on the map entitled ‘Mountain 

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

7 incorporated in the Mountain Lake Wilderness des8 ignated by section 2(6) of the Virginia Wilderness 

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

10 586). 

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

12 Forest comprising approximately 308 acres, as gen13 erally depicted on the map entitled ‘Lewis Fork Ad14 dition and Little Wilson Creek Additions’ and dated 

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

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

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

18 note; Public Law 98–586). 

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

20 Forest comprising approximately 1,845 acres, as 

21 generally depicted on the map entitled ‘Lewis Fork 

22 Addition and Little Wilson Creek Additions’ and 

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

24 Little Wilson Creek Wilderness designated by section 


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1 2(5) of the Virginia Wilderness Act of 1984 (16 

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

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

4 Forest comprising approximately 2,219 acres, as 

5 generally depicted on the map entitled ‘Shawvers 

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

7 incorporated in the Shawvers Run Wilderness des8 ignated by paragraph (4). 

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

10 Forest comprising approximately 1,203 acres, as 

11 generally depicted on the map entitled ‘Peters Moun12 tain Addition’ and dated April 28, 2008, which is in13 corporated in the Peters Mountain Wilderness des14 ignated by section 2(7) of the Virginia Wilderness 

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

16 586). 

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

18 Forest comprising approximately 263 acres, as gen19 erally depicted on the map entitled ‘Kimberling 

20 Creek Additions and Potential Wilderness Area’ and 

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

22 Kimberling Creek Wilderness designated by section 

23 2(2) of the Virginia Wilderness Act of 1984 (16 

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


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1 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

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

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

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

5 ‘‘cited’’; and 

6 (2) in section 6(a)— 

7 (A) by striking ‘‘certain’’ each place it ap8 pears and inserting ‘‘Certain’’; 

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

10 striking the semicolon at the end and inserting 

11 a period; 

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

13 and inserting a period; and 

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

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

16 Forest comprising approximately 3,226 acres, as 

17 generally depicted on the map entitled ‘Lynn Camp 

18 Creek Wilderness Study Area’ and dated April 28, 

19 2008, which shall be known as the ‘Lynn Camp 

20 Creek Wilderness Study Area’.’’. 

21 SEC. 113. DESIGNATION OF KIMBERLING CREEK POTEN22 TIAL WILDERNESS AREA, JEFFERSON NA23 TIONAL FOREST, VIRGINIA. 

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

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


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1 in the Jefferson National Forest comprising approxi2 mately 349 acres, as generally depicted on the map enti3 tled ‘‘Kimberling Creek Additions and Potential Wilder4 ness Area’’ and dated April 28, 2008, is designated as 

5 a potential wilderness area for incorporation in the 

6 Kimberling Creek Wilderness designated by section 2(2) 

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

8 note; Public Law 98–586). 

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

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

11 manage the potential wilderness area in accordance with 

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

13 (c) ECOLOGICAL RESTORATION.— 

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

15 restoration (including the elimination of nonnative 

16 species, removal of illegal, unused, or decommis17 sioned roads, and any other activity necessary to re18 store the natural ecosystems in the potential wilder19 ness area), the Secretary may use motorized equip20 ment and mechanized transport in the potential wil21 derness area until the date on which the potential 

22 wilderness area is incorporated into the Kimberling 

23 Creek Wilderness. 

24 (2) LIMITATION.—To the maximum extent 

25 practicable, the Secretary shall use the minimum 


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1 tool or administrative practice necessary to accom2 plish ecological restoration with the least amount of 

3 adverse impact on wilderness character and re4 sources. 

5 (d) WILDERNESS DESIGNATION.—The potential wil6 derness area shall be designated as wilderness and incor7 porated in the Kimberling Creek Wilderness on the earlier 

8 of— 

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

10 the Federal Register notice that the conditions in 

11 the potential wilderness area that are incompatible 

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

13 have been removed; or 

14 (2) the date that is 5 years after the date of en15 actment of this Act. 

16 SEC. 114. SENG MOUNTAIN AND BEAR CREEK SCENIC 

17 AREAS, JEFFERSON NATIONAL FOREST, VIR18 GINIA. 

19 (a) ESTABLISHMENT.—There are designated as Na20 tional Scenic Areas— 

21 (1) certain National Forest System land in the 

22 Jefferson National Forest, comprising approximately 

23 5,192 acres, as generally depicted on the map enti24 tled ‘‘Seng Mountain and Raccoon Branch’’ and 


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

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

3 (2) certain National Forest System land in the 

4 Jefferson National Forest, comprising approximately 

5 5,128 acres, as generally depicted on the map enti6 tled ‘‘Bear Creek’’ and dated April 28, 2008, which 

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

8 Area’’. 

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

10 are— 

11 (1) to ensure the protection and preservation of 

12 scenic quality, water quality, natural characteristics, 

13 and water resources of the scenic areas; 

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

15 wildlife and fish habitat in the scenic areas; 

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

17 may develop characteristics of old-growth forests; 

18 and 

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

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

21 in the scenic areas. 

22 (c) ADMINISTRATION.— 

23 (1) IN GENERAL.—The Secretary shall admin24 ister the scenic areas in accordance with— 

25 (A) this subtitle; and 


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1 (B) the laws (including regulations) gen2 erally applicable to the National Forest System. 

3 (2) AUTHORIZED USES.—The Secretary shall 

4 only allow uses of the scenic areas that the Secretary 

5 determines will further the purposes of the scenic 

6 areas, as described in subsection (b). 

7 (d) MANAGEMENT PLAN.— 

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

9 the date of enactment of this Act, the Secretary 

10 shall develop as an amendment to the land and re11 source management plan for the Jefferson National 

12 Forest a management plan for the scenic areas. 

13 (2) EFFECT.—Nothing in this subsection re14 quires the Secretary to revise the land and resource 

15 management plan for the Jefferson National Forest 

16 under section 6 of the Forest and Rangeland Renew17 able Resources Planning Act of 1974 (16 U.S.C. 

18 1604). 

19 (e) ROADS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), after the date of enactment of this Act, 

22 no roads shall be established or constructed within 

23 the scenic areas. 

24 (2) LIMITATION.—Nothing in this subsection 

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


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

2 right to access the private land. 

3 (f) TIMBER HARVEST.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) and (3), no harvesting of timber shall be 

6 allowed within the scenic areas. 

7 (2) EXCEPTIONS.—The Secretary may author8 ize harvesting of timber in the scenic areas if the 

9 Secretary determines that the harvesting is nec10 essary to— 

11 (A) control fire; 

12 (B) provide for public safety or trail ac13 cess; or 

14 (C) control insect and disease outbreaks. 

15 (3) FIREWOOD FOR PERSONAL USE.—Firewood 

16 may be harvested for personal use along perimeter 

17 roads in the scenic areas, subject to any conditions 

18 that the Secretary may impose. 

19 (g) INSECT AND DISEASE OUTBREAKS.—The Sec20 retary may control insect and disease outbreaks— 

21 (1) to maintain scenic quality; 

22 (2) to prevent tree mortality; 

23 (3) to reduce hazards to visitors; or 

24 (4) to protect private land. 


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1 (h) VEGETATION MANAGEMENT.—The Secretary 

2 may engage in vegetation manipulation practices in the 

3 scenic areas to maintain the visual quality and wildlife 

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

5 (i) MOTORIZED VEHICLES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), motorized vehicles shall not be allowed 

8 within the scenic areas. 

9 (2) EXCEPTIONS.—The Secretary may author10 ize the use of motorized vehicles— 

11 (A) to carry out administrative activities 

12 that further the purposes of the scenic areas, as 

13 described in subsection (b); 

14 (B) to assist wildlife management projects 

15 in existence on the date of enactment of this 

16 Act; and 

17 (C) during deer and bear hunting sea18 sons— 

19 (i) on Forest Development Roads 

20 49410 and 84b; and 

21 (ii) on the portion of Forest Develop22 ment Road 6261 designated on the map 

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

24 seasonally’’. 


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1 (j) WILDFIRE SUPPRESSION.—Wildfire suppression 

2 within the scenic areas shall be conducted— 

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

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

5 (2) using such means as the Secretary deter6 mines to be appropriate. 

7 (k) WATER.—The Secretary shall administer the sce8 nic areas in a manner that maintains and enhances water 

9 quality. 

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

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

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

13 laws; and 

14 (2) operation of the mineral leasing and geo15 thermal leasing laws. 

16 SEC. 115. TRAIL PLAN AND DEVELOPMENT. 

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

18 with interested parties, shall establish a trail plan to de19 velop— 

20 (1) in a manner consistent with the Wilderness 

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

22 trails in the wilderness areas designated by para23 graphs (9) through (20) of section 1 of Public Law 

24 100–326 (16 U.S.C. 1132 note) (as added by section 

25 112(a)(5)); and 


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1 (2) nonmotorized recreation trails in the scenic 

2 areas. 

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

4 years after the date of enactment of this Act, the Sec5 retary shall submit to Congress a report that describes 

6 the implementation of the trail plan, including the identi7 fication of priority trails for development. 

8 (c) SUSTAINABLE TRAIL REQUIRED.—The Secretary 

9 shall develop a sustainable trail, using a contour curvi10 linear alignment, to provide for nonmotorized travel along 

11 the southern boundary of the Raccoon Branch Wilderness 

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

13 U.S.C. 1132 note) (as added by section 112(a)(5)) con14 necting to Forest Development Road 49352 in Smyth 

15 County, Virginia. 

16 SEC. 116. MAPS AND BOUNDARY DESCRIPTIONS. 

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

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

19 the Committee on Energy and Natural Resources of the 

20 Senate and the Committee on Natural Resources and the 

21 Committee on Agriculture of the House of Representatives 

22 maps and boundary descriptions of— 

23 (1) the scenic areas; 

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


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

2 112(a)(5)); 

3 (3) the wilderness study area designated by sec4 tion 6(a)(5) of the Virginia Wilderness Act of 1984 

5 (16 U.S.C. 1132 note; Public Law 98–586) (as 

6 added by section 112(b)(2)(D)); and 

7 (4) the potential wilderness area designated by 

8 section 113(a). 

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

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

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

12 the Secretary may correct any minor errors in the maps 

13 and boundary descriptions. 

14 (c) AVAILABILITY OF MAP AND BOUNDARY DESCRIP15 TION.—The maps and boundary descriptions filed under 

16 subsection (a) shall be on file and available for public in17 spection in the Office of the Chief of the Forest Service. 

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

19 map filed under subsection (a) and the acreage of the ap20 plicable areas specified in this subtitle, the map shall con21 trol. 

22 SEC. 117. EFFECTIVE DATE. 

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

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


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

2 purposes of administering— 

3 (1) the wilderness areas designated by para4 graphs (9) through (20) of section 1 of Public Law 

5 100–326 (16 U.S.C. 1132 note) (as added by section 

6 112(a)(5)); and 

7 (2) the potential wilderness area designated by 

8 section 113(a). 

9 Subtitle C—Mt. Hood Wilderness, 

10 Oregon 

11 SEC. 121. DEFINITIONS. 

12 In this subtitle: 

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

14 the Secretary of Agriculture. 

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

16 of Oregon. 

17 SEC. 122. DESIGNATION OF WILDERNESS AREAS. 

18 (a) DESIGNATION OF LEWIS AND CLARK MOUNT

19 HOOD WILDERNESS AREAS.—In accordance with the Wil20 derness Act (16 U.S.C. 1131 et seq.), the following areas 

21 in the State of Oregon are designated as wilderness areas 

22 and as components of the National Wilderness Preserva23 tion System: 

24 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

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1 ice, comprising approximately 4,140 acres, as gen2 erally depicted on the maps entitled ‘‘Badger Creek 

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

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

5 2007, which is incorporated in, and considered to be 

6 a part of, the Badger Creek Wilderness, as des7 ignated by section 3(3) of the Oregon Wilderness 

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

9 (2) BULL OF THE WOODS WILDERNESS ADDI10 TION.—Certain Federal land managed by the Forest 

11 Service, comprising approximately 10,180 acres, as 

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

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

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

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

16 Wilderness, as designated by section 3(4) of the Or17 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

18 98 Stat. 273). 

19 (3) CLACKAMAS WILDERNESS.—Certain Federal 

20 land managed by the Forest Service, comprising ap21 proximately 9,470 acres, as generally depicted on the 

22 maps entitled ‘‘Clackamas Wilderness—Big Bot23 tom’’, ‘‘Clackamas Wilderness—Clackamas Canyon’’, 

24 ‘‘Clackamas Wilderness—Memaloose Lake’’, 

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


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

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

3 ‘‘Clackamas Wilderness’’. 

4 (4) MARK O. HATFIELD WILDERNESS ADDI5 TIONS.—Certain Federal land managed by the For6 est Service, comprising approximately 25,960 acres, 

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

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

9 Hatfield Wilderness—Larch Mountain’’, dated July 

10 16, 2007, which is incorporated in, and considered 

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

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

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

14 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

15 Certain Federal land managed by the Forest Serv16 ice, comprising approximately 18,450 acres, as gen17 erally depicted on the maps entitled ‘‘Mount Hood 

18 Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilder19 ness—Elk Cove/Mazama’’, ‘‘Mount Hood Wilder20 ness—Richard L. Kohnstamm Memorial Area’’, 

21 ‘‘Mount Hood Wilderness—Sand Canyon’’, ‘‘Mount 

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

23 Wilderness—Twin Lakes’’, and ‘‘Mount Hood Wil24 derness—White River’’, dated July 16, 2007, and 

25 the map entitled ‘‘Mount Hood Wilderness—Cloud 


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1 Cap’’, dated July 20, 2007, which is incorporated in, 

2 and considered to be a part of, the Mount Hood Wil3 derness, as designated under section 3(a) of the Wil4 derness Act (16 U.S.C. 1132(a)) and enlarged by 

5 section 3(d) of the Endangered American Wilderness 

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

7 (6) ROARING RIVER WILDERNESS.—Certain 

8 Federal land managed by the Forest Service, com9 prising approximately 36,550 acres, as generally de10 picted on the map entitled ‘‘Roaring River Wilder11 ness—Roaring River Wilderness’’, dated July 16, 

12 2007, which shall be known as the ‘‘Roaring River 

13 Wilderness’’. 

14 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI15 TIONS.—Certain Federal land managed by the For16 est Service, comprising approximately 16,620 acres, 

17 as generally depicted on the maps entitled ‘‘Salmon18 Huckleberry Wilderness—Alder Creek Additions’’, 

19 ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Ad20 dition’’, ‘‘Salmon-Huckleberry Wilderness—Hunch21 back Mountain’’, ‘‘Salmon-Huckleberry Wilder22 ness—Inch Creek’’, ‘‘Salmon-Huckleberry Wilder23 ness—Mirror Lake’’, and ‘‘Salmon-Huckleberry Wil24 derness—Salmon River Meadows’’, dated July 16, 

25 2007, which is incorporated in, and considered to be 


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

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

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

4 (8) LOWER WHITE RIVER WILDERNESS.—Cer5 tain Federal land managed by the Forest Service 

6 and Bureau of Land Management, comprising ap7 proximately 2,870 acres, as generally depicted on the 

8 map entitled ‘‘Lower White River Wilderness— 

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

10 shall be known as the ‘‘Lower White River Wilder11 ness’’. 

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

13 Certain Federal land managed by the Forest Service, as 

14 generally depicted on the map entitled ‘‘Mount Hood Wil15 derness—Richard L. Kohnstamm Memorial Area’’, dated 

16 July 16, 2007, is designated as the ‘‘Richard L. 

17 Kohnstamm Memorial Area’’. 

18 (c) POTENTIAL WILDERNESS AREA; ADDITIONS TO

19 WILDERNESS AREAS.— 

20 (1) ROARING RIVER POTENTIAL WILDERNESS

21 AREA.— 

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

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

24 1131 et seq.), certain Federal land managed by 

25 the Forest Service, comprising approximately 


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1 900 acres identified as ‘‘Potential Wilderness’’ 

2 on the map entitled ‘‘Roaring River Wilder3 ness’’, dated July 16, 2007, is designated as a 

4 potential wilderness area. 

5 (B) MANAGEMENT.—The potential wilder6 ness area designated by subparagraph (A) shall 

7 be managed in accordance with section 4 of the 

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

9 (C) DESIGNATION AS WILDERNESS.—On 

10 the date on which the Secretary publishes in 

11 the Federal Register notice that the conditions 

12 in the potential wilderness area designated by 

13 subparagraph (A) are compatible with the Wil14 derness Act (16 U.S.C. 1131 et seq.), the po15 tential wilderness shall be— 

16 (i) designated as wilderness and as a 

17 component of the National Wilderness 

18 Preservation System; and 

19 (ii) incorporated into the Roaring 

20 River Wilderness designated by subsection 

21 (a)(6). 

22 (2) ADDITION TO THE MOUNT HOOD WILDER23 NESS.—On completion of the land exchange under 

24 section 126(a)(2), certain Federal land managed by 

25 the Forest Service, comprising approximately 1,710 


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1 acres, as generally depicted on the map entitled 

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

3 20, 2007, shall be incorporated in, and considered to 

4 be a part of, the Mount Hood Wilderness, as des5 ignated under section 3(a) of the Wilderness Act (16 

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

7 Endangered American Wilderness Act of 1978 (16 

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

9 (a)(5). 

10 (3) ADDITION TO THE SALMON-HUCKLEBERRY

11 WILDERNESS.—On acquisition by the United States, 

12 the approximately 160 acres of land identified as 

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

14 ‘‘Hunchback Mountain Land Exchange, Clackamas 

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

16 and considered to be a part of, the Salmon17 Huckleberry Wilderness, as designated by section 

18 3(2) of the Oregon Wilderness Act of 1984 (16 

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

20 subsection (a)(7). 

21 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

23 the date of enactment of this Act, the Secretary 

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

3 (A) the Committee on Energy and Natural 

4 Resources of the Senate; and 

5 (B) the Committee on Natural Resources 

6 of the House of Representatives. 

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

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

10 except that the Secretary may correct typographical 

11 errors in the maps and legal descriptions. 

12 (3) PUBLIC AVAILABILITY.—Each map and 

13 legal description filed under paragraph (1) shall be 

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

16 of Land Management. 

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

18 the areas designated as wilderness by subsection (a) 

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

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

23 (e) ADMINISTRATION.— 

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

25 rights, each area designated as wilderness by this 


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1 section shall be administered by the Secretary that 

2 has jurisdiction over the land within the wilderness, 

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

4 1131 et seq.), except that— 

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

7 to the date of enactment of this Act; and 

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

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

12 (2) INCORPORATION OF ACQUIRED LAND AND

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

16 (A) become part of the wilderness area in 

17 which the land is located; and 

18 (B) be managed in accordance with this 

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

20 seq.), and any other applicable law. 

21 (f) BUFFER ZONES.— 

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

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


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

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

4 The fact that nonwilderness activities or uses can be 

5 seen or heard from within a wilderness area shall 

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

7 boundary of the wilderness area. 

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

9 affects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife. 

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

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

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

14 this section, the Secretary that has jurisdiction over the 

15 land within the wilderness (referred to in this subsection 

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

18 terms and conditions as the Secretary determines to be 

19 desirable and appropriate. 

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

22 land designated as wilderness by this section is withdrawn 

23 from all forms of— 

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

25 public land laws; 


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

2 laws; and 

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

5 SEC. 123. DESIGNATION OF STREAMS FOR WILD AND SCE6 NIC RIVER PROTECTION IN THE MOUNT 

7 HOOD AREA. 

8 (a) WILD AND SCENIC RIVER DESIGNATIONS, 

9 MOUNT HOOD NATIONAL FOREST.— 

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

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

12 by adding at the end the following: 

13 ‘‘(171) SOUTH FORK CLACKAMAS RIVER.—The 

14 4.2-mile segment of the South Fork Clackamas 

15 River from its confluence with the East Fork of the 

16 South Fork Clackamas to its confluence with the 

17 Clackamas River, to be administered by the Sec18 retary of Agriculture as a wild river. 

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

20 of Eagle Creek from its headwaters to the Mount 

21 Hood National Forest boundary, to be administered 

22 by the Secretary of Agriculture as a wild river. 

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

24 mile segment of the Middle Fork Hood River from 

25 the confluence of Clear and Coe Branches to the 


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

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

3 Agriculture as a scenic river. 

4 ‘‘(174) SOUTH FORK ROARING RIVER.—The 

5 4.6-mile segment of the South Fork Roaring River 

6 from its headwaters to its confluence with Roaring 

7 River, to be administered by the Secretary of Agri8 culture as a wild river. 

9 ‘‘(175) ZIG ZAG RIVER.—The 4.3-mile segment 

10 of the Zig Zag River from its headwaters to the 

11 Mount Hood Wilderness boundary, to be adminis12 tered by the Secretary of Agriculture as a wild river. 

13 ‘‘(176) FIFTEENMILE CREEK.— 

14 ‘‘(A) IN GENERAL.—The 11.1-mile seg15 ment of Fifteenmile Creek from its source at 

16 Senecal Spring to the southern edge of the 

17 northwest quarter of the northwest quarter of 

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

19 be administered by the Secretary of Agriculture 

20 in the following classes: 

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

22 source at Senecal Spring to the Badger 

23 Creek Wilderness boundary, as a wild 

24 river. 


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

2 Badger Creek Wilderness boundary to the 

3 point 0.4 miles downstream, as a scenic 

4 river. 

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

6 point 0.4 miles downstream of the Badger 

7 Creek Wilderness boundary to the western 

8 edge of section 20, township 2 south, 

9 range 12 east as a wild river. 

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

11 western edge of section 20, township 2 

12 south, range 12 east, to the southern edge 

13 of the northwest quarter of the northwest 

14 quarter of section 20, township 2 south, 

15 range 12 east as a scenic river. 

16 ‘‘(B) INCLUSIONS.—Notwithstanding sec17 tion 3(b), the lateral boundaries of both the 

18 wild river area and the scenic river area along 

19 Fifteenmile Creek shall include an average of 

20 not more than 640 acres per mile measured 

21 from the ordinary high water mark on both 

22 sides of the river. 

23 ‘‘(177) EAST FORK HOOD RIVER.—The 13.5- 

24 mile segment of the East Fork Hood River from Or25 egon State Highway 35 to the Mount Hood National 


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1 Forest boundary, to be administered by the Sec2 retary of Agriculture as a recreational river. 

3 ‘‘(178) COLLAWASH RIVER.—The 17.8-mile 

4 segment of the Collawash River from the headwaters 

5 of the East Fork Collawash to the confluence of the 

6 mainstream of the Collawash River with the 

7 Clackamas River, to be administered by the Sec8 retary of Agriculture in the following classes: 

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

10 headwaters of the East Fork Collawash River 

11 to Buckeye Creek, as a scenic river. 

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

13 Creek to the Clackamas River, as a recreational 

14 river. 

15 ‘‘(179) FISH CREEK.—The 13.5-mile segment 

16 of Fish Creek from its headwaters to the confluence 

17 with the Clackamas River, to be administered by the 

18 Secretary of Agriculture as a recreational river.’’. 

19 (2) EFFECT.—The amendments made by para20 graph (1) do not affect valid existing water rights. 

21 (b) PROTECTION FOR HOOD RIVER, OREGON.—Sec22 tion 13(a)(4) of the ‘‘Columbia River Gorge National Sce23 nic Area Act’’ (16 U.S.C. 544k(a)(4)) is amended by strik24 ing ‘‘for a period not to exceed twenty years from the date 

25 of enactment of this Act,’’. 


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1 SEC. 124. MOUNT HOOD NATIONAL RECREATION AREA. 

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

3 preservation, and enhancement of recreational, ecological, 

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

5 there is established the Mount Hood National Recreation 

6 Area within the Mount Hood National Forest. 

7 (b) BOUNDARY.—The Mount Hood National Recre8 ation Area shall consist of certain Federal land managed 

9 by the Forest Service and Bureau of Land Management, 

10 comprising approximately 34,550 acres, as generally de11 picted on the maps entitled ‘‘National Recreation Areas— 

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

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

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

15 (c) MAP AND LEGAL DESCRIPTION.— 

16 (1) SUBMISSION OF LEGAL DESCRIPTION.—As 

17 soon as practicable after the date of enactment of 

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

19 description of the Mount Hood National Recreation 

20 Area with— 

21 (A) the Committee on Energy and Natural 

22 Resources of the Senate; and 

23 (B) the Committee on Natural Resources 

24 of the House of Representatives. 

25 (2) FORCE OF LAW.—The map and legal de26 scription filed under paragraph (1) shall have the 


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

2 except that the Secretary may correct typographical 

3 errors in the map and the legal description. 

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

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

6 and available for public inspection in the appropriate 

7 offices of the Forest Service. 

8 (d) ADMINISTRATION.— 

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

10 (A) administer the Mount Hood National 

11 Recreation Area— 

12 (i) in accordance with the laws (in13 cluding regulations) and rules applicable to 

14 the National Forest System; and 

15 (ii) consistent with the purposes de16 scribed in subsection (a); and 

17 (B) only allow uses of the Mount Hood 

18 National Recreation Area that are consistent 

19 with the purposes described in subsection (a). 

20 (2) APPLICABLE LAW.—Any portion of a wil21 derness area designated by section 122 that is lo22 cated within the Mount Hood National Recreation 

23 Area shall be administered in accordance with the 

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


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

2 within the Mount Hood National Recreation Area may be 

3 permitted— 

4 (1) to the extent necessary to improve the 

5 health of the forest in a manner that— 

6 (A) maximizes the retention of large 

7 trees— 

8 (i) as appropriate to the forest type; 

9 and 

10 (ii) to the extent that the trees pro11 mote stands that are fire-resilient and 

12 healthy; 

13 (B) improves the habitats of threatened, 

14 endangered, or sensitive species; or 

15 (C) maintains or restores the composition 

16 and structure of the ecosystem by reducing the 

17 risk of uncharacteristic wildfire; 

18 (2) to accomplish an approved management ac19 tivity in furtherance of the purposes established by 

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

21 is incidental to the management activity; or 

22 (3) for de minimus personal or administrative 

23 use within the Mount Hood National Recreation 

24 Area, where such use will not impair the purposes 

25 established by this section. 


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

2 roads shall be constructed or reconstructed within the 

3 Mount Hood National Recreation Area except as nec4 essary— 

5 (1) to protect the health and safety of individ6 uals in cases of an imminent threat of flood, fire, or 

7 any other catastrophic event that, without interven8 tion, would cause the loss of life or property; 

9 (2) to conduct environmental cleanup required 

10 by the United States; 

11 (3) to allow for the exercise of reserved or out12 standing rights provided for by a statute or treaty; 

13 (4) to prevent irreparable resource damage by 

14 an existing road; or 

15 (5) to rectify a hazardous road condition. 

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

17 all Federal land within the Mount Hood National Recre18 ation Area is withdrawn from— 

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

20 under the public land laws; 

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

22 laws; and 

23 (3) disposition under all laws relating to min24 eral and geothermal leasing. 


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1 (h) TRANSFER OF ADMINISTRATIVE JURISDIC2 TION.— 

3 (1) IN GENERAL.—Administrative jurisdiction 

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

5 transferred from the Bureau of Land Management 

6 to the Forest Service. 

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

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

9 of land administered by the Bureau of Land Man10 agement within or adjacent to the Mount Hood Na11 tional Recreation Area that is identified as ‘‘BLM 

12 Lands’’ on the map entitled ‘‘National Recreation 

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

14 SEC. 125. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER 

15 BIG BOTTOM, AND CULTUS CREEK. 

16 (a) CRYSTAL SPRINGS WATERSHED SPECIAL RE17 SOURCES MANAGEMENT UNIT.— 

18 (1) ESTABLISHMENT.— 

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

20 land exchange under section 126(a)(2), there 

21 shall be established a special resources manage22 ment unit in the State consisting of certain 

23 Federal land managed by the Forest Service, as 

24 generally depicted on the map entitled ‘‘Crystal 

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1 ment Unit’’, dated June 2006 (referred to in 

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

3 the ‘‘Crystal Springs Watershed Special Re4 sources Management Unit’’ (referred to in this 

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

6 (B) EXCLUSION OF CERTAIN LAND.—The 

7 Management Unit does not include any Na8 tional Forest System land otherwise covered by 

9 subparagraph (A) that is designated as wilder10 ness by section 122. 

11 (C) WITHDRAWAL.— 

12 (i) IN GENERAL.—Subject to valid 

13 rights in existence on the date of enact14 ment of this Act, the Federal land des15 ignated as the Management Unit is with16 drawn from all forms of— 

17 (I) entry, appropriation, or dis18 posal under the public land laws; 

19 (II) location, entry, and patent 

20 under the mining laws; and 

21 (III) disposition under all laws 

22 pertaining to mineral and geothermal 

23 leasing or mineral materials. 


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1 (ii) EXCEPTION.—Clause (i)(I) does 

2 not apply to the parcel of land generally 

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

4 (2) PURPOSES.—The purposes of the Manage5 ment Unit are— 

6 (A) to ensure the protection of the quality 

7 and quantity of the Crystal Springs watershed 

8 as a clean drinking water source for the resi9 dents of Hood River County, Oregon; and 

10 (B) to allow visitors to enjoy the special 

11 scenic, natural, cultural, and wildlife values of 

12 the Crystal Springs watershed. 

13 (3) MAP AND LEGAL DESCRIPTION.— 

14 (A) SUBMISSION OF LEGAL DESCRIP15 TION.—As soon as practicable after the date of 

16 enactment of this Act, the Secretary shall file 

17 a map and a legal description of the Manage18 ment Unit with— 

19 (i) the Committee on Energy and 

20 Natural Resources of the Senate; and 

21 (ii) the Committee on Natural Re22 sources of the House of Representatives. 

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

24 description filed under subparagraph (A) shall 

25 have the same force and effect as if included in 


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1 this subtitle, except that the Secretary may cor2 rect typographical errors in the map and legal 

3 description. 

4 (C) PUBLIC AVAILABILITY.—The map and 

5 legal description filed under subparagraph (A) 

6 shall be on file and available for public inspec7 tion in the appropriate offices of the Forest 

8 Service. 

9 (4) ADMINISTRATION.— 

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

11 (i) administer the Management 

12 Unit— 

13 (I) in accordance with the laws 

14 (including regulations) and rules ap15 plicable to units of the National For16 est System; and 

17 (II) consistent with the purposes 

18 described in paragraph (2); and 

19 (ii) only allow uses of the Manage20 ment Unit that are consistent with the 

21 purposes described in paragraph (2). 

22 (B) FUEL REDUCTION IN PROXIMITY TO

23 IMPROVEMENTS AND PRIMARY PUBLIC

24 ROADS.—To protect the water quality, water 

25 quantity, and scenic, cultural, natural, and 


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1 wildlife values of the Management Unit, the 

2 Secretary may conduct fuel reduction and forest 

3 health management treatments to maintain and 

4 restore fire-resilient forest structures containing 

5 late successional forest structure characterized 

6 by large trees and multistoried canopies, as eco7 logically appropriate, on National Forest Sys8 tem land in the Management Unit— 

9 (i) in any area located not more than 

10 400 feet from structures located on— 

11 (I) National Forest System land; 

12 or 

13 (II) private land adjacent to Na14 tional Forest System land; 

15 (ii) in any area located not more than 

16 400 feet from the Cooper Spur Road, the 

17 Cloud Cap Road, or the Cooper Spur Ski 

18 Area Loop Road; and 

19 (iii) on any other National Forest 

20 System land in the Management Unit, with 

21 priority given to activities that restore pre22 viously harvested stands, including the re23 moval of logging slash, smaller diameter 

24 material, and ladder fuels. 


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1 (5) PROHIBITED ACTIVITIES.—Subject to valid 

2 existing rights, the following activities shall be pro3 hibited on National Forest System land in the Man4 agement Unit: 

5 (A) New road construction or renovation of 

6 existing non-System roads, except as necessary 

7 to protect public health and safety. 

8 (B) Projects undertaken for the purpose of 

9 harvesting commercial timber (other than ac10 tivities relating to the harvest of merchantable 

11 products that are byproducts of activities con12 ducted to further the purposes described in 

13 paragraph (2)). 

14 (C) Commercial livestock grazing. 

15 (D) The placement of new fuel storage 

16 tanks. 

17 (E) Except to the extent necessary to fur18 ther the purposes described in paragraph (2), 

19 the application of any toxic chemicals (other 

20 than fire retardants), including pesticides, 

21 rodenticides, or herbicides. 

22 (6) FOREST ROAD CLOSURES.— 

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

24 subparagraph (B), the Secretary may provide 

25 for the closure or gating to the general public 


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1 of any Forest Service road within the Manage2 ment Unit. 

3 (B) EXCEPTION.—Nothing in this sub4 section requires the Secretary to close the road 

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

6 shall be administered in accordance with other7 wise applicable law. 

8 (7) PRIVATE LAND.— 

9 (A) EFFECT.—Nothing in this subsection 

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

11 property within the area identified on the map 

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

13 by— 

14 (i) the owners of the private property; 

15 and 

16 (ii) guests to the private property. 

17 (B) COOPERATION.—The Secretary is en18 couraged to work with private landowners who 

19 have agreed to cooperate with the Secretary to 

20 further the purposes of this subsection. 

21 (8) ACQUISITION OF LAND.— 

22 (A) IN GENERAL.—The Secretary may ac23 quire from willing landowners any land located 

24 within the area identified on the map as the 

25 ‘‘Crystal Springs Zone of Contribution’’. 


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1 (B) INCLUSION IN MANAGEMENT UNIT.— 

2 On the date of acquisition, any land acquired 

3 under subparagraph (A) shall be incorporated 

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

5 Unit. 

6 (b) PROTECTIONS FOR UPPER BIG BOTTOM AND

7 CULTUS CREEK.— 

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

9 the Federal land administered by the Forest Service 

10 described in paragraph (2) in a manner that pre11 serves the natural and primitive character of the 

12 land for recreational, scenic, and scientific use. 

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

14 referred to in paragraph (1) is— 

15 (A) the approximately 1,580 acres, as gen16 erally depicted on the map entitled ‘‘Upper Big 

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

18 (B) the approximately 280 acres identified 

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

20 ‘‘Clackamas Wilderness—South Fork 

21 Clackamas’’, dated July 16, 2007. 

22 (3) MAPS AND LEGAL DESCRIPTIONS.— 

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

24 after the date of enactment of this Act, the Sec25 retary shall file maps and legal descriptions of 


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1 the Federal land described in paragraph (2) 

2 with— 

3 (i) the Committee on Energy and 

4 Natural Resources of the Senate; and 

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

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

8 descriptions filed under subparagraph (A) shall 

9 have the same force and effect as if included in 

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

12 descriptions. 

13 (C) PUBLIC AVAILABILITY.—Each map 

14 and legal description filed under subparagraph 

15 (A) shall be on file and available for public in16 spection in the appropriate offices of the Forest 

17 Service. 

18 (4) USE OF LAND.— 

19 (A) IN GENERAL.—Subject to valid exist20 ing rights, with respect to the Federal land de21 scribed in paragraph (2), the Secretary shall 

22 only allow uses that are consistent with the pur23 poses identified in paragraph (1). 


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1 (B) PROHIBITED USES.—The following 

2 shall be prohibited on the Federal land de3 scribed in paragraph (2): 

4 (i) Permanent roads. 

5 (ii) Commercial enterprises. 

6 (iii) Except as necessary to meet the 

7 minimum requirements for the administra8 tion of the Federal land and to protect 

9 public health and safety— 

10 (I) the use of motor vehicles; or 

11 (II) the establishment of tem12 porary roads. 

13 (5) WITHDRAWAL.—Subject to valid existing 

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

15 is withdrawn from— 

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

17 disposal under the public land laws; 

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

19 mining laws; and 

20 (C) disposition under all laws relating to 

21 mineral and geothermal leasing. 

22 SEC. 126. LAND EXCHANGES. 

23 (a) COOPER SPUR-GOVERNMENT CAMP LAND EX24 CHANGE.— 

25 (1) DEFINITIONS.—In this subsection: 


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

2 Hood River County, Oregon. 

3 (B) EXCHANGE MAP.—The term ‘‘ex4 change map’’ means the map entitled ‘‘Cooper 

5 Spur/Government Camp Land Exchange’’, 

6 dated June 2006. 

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

8 land’’ means the approximately 120 acres of 

9 National Forest System land in the Mount 

10 Hood National Forest in Government Camp, 

11 Clackamas County, Oregon, identified as 

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

13 map. 

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

15 Hood Meadows’’ means the Mt. Hood Meadows 

16 Oregon, Limited Partnership. 

17 (E) NON-FEDERAL LAND.—The term 

18 ‘‘non-Federal land’’ means— 

19 (i) the parcel of approximately 770 

20 acres of private land at Cooper Spur iden21 tified as ‘‘Land to be acquired by USFS’’ 

22 on the exchange map; and 

23 (ii) any buildings, furniture, fixtures, 

24 and equipment at the Inn at Cooper Spur 

25 and the Cooper Spur Ski Area covered by 


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1 an appraisal described in paragraph 

2 (2)(D). 

3 (2) COOPER SPUR-GOVERNMENT CAMP LAND

4 EXCHANGE.— 

5 (A) CONVEYANCE OF LAND.—Subject to 

6 the provisions of this subsection, if Mt. Hood 

7 Meadows offers to convey to the United States 

8 all right, title, and interest of Mt. Hood Mead9 ows in and to the non-Federal land, the Sec10 retary shall convey to Mt. Hood Meadows all 

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

12 and to the Federal land (other than any ease13 ments reserved under subparagraph (G)), sub14 ject to valid existing rights. 

15 (B) COMPLIANCE WITH EXISTING LAW.— 

16 Except as otherwise provided in this subsection, 

17 the Secretary shall carry out the land exchange 

18 under this subsection in accordance with section 

19 206 of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1716). 

21 (C) CONDITIONS ON ACCEPTANCE.— 

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

23 exchange under this subsection, title to the 

24 non-Federal land to be acquired by the 


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1 Secretary under this subsection shall be ac2 ceptable to the Secretary. 

3 (ii) TERMS AND CONDITIONS.—The 

4 conveyance of the Federal land and non5 Federal land shall be subject to such terms 

6 and conditions as the Secretary may re7 quire. 

8 (D) APPRAISALS.— 

9 (i) IN GENERAL.—As soon as prac10 ticable after the date of enactment of this 

11 Act, the Secretary and Mt. Hood Meadows 

12 shall select an appraiser to conduct an ap13 praisal of the Federal land and non-Fed14 eral land. 

15 (ii) REQUIREMENTS.—An appraisal 

16 under clause (i) shall be conducted in ac17 cordance with nationally recognized ap18 praisal standards, including— 

19 (I) the Uniform Appraisal Stand20 ards for Federal Land Acquisitions; 

21 and 

22 (II) the Uniform Standards of 

23 Professional Appraisal Practice. 

24 (E) SURVEYS.— 


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1 (i) IN GENERAL.—The exact acreage 

2 and legal description of the Federal land 

3 and non-Federal land shall be determined 

4 by surveys approved by the Secretary. 

5 (ii) COSTS.—The responsibility for the 

6 costs of any surveys conducted under 

7 clause (i), and any other administrative 

8 costs of carrying out the land exchange, 

9 shall be determined by the Secretary and 

10 Mt. Hood Meadows. 

11 (F) DEADLINE FOR COMPLETION OF LAND

12 EXCHANGE.—It is the intent of Congress that 

13 the land exchange under this subsection shall be 

14 completed not later than 16 months after the 

15 date of enactment of this Act. 

16 (G) RESERVATION OF EASEMENTS.—As a 

17 condition of the conveyance of the Federal land, 

18 the Secretary shall reserve— 

19 (i) a conservation easement to the 

20 Federal land to protect existing wetland, 

21 as identified by the Oregon Department of 

22 State Lands, that allows equivalent wet23 land mitigation measures to compensate 

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1 essary for the orderly development of the 

2 Federal land; and 

3 (ii) a trail easement to the Federal 

4 land that allows— 

5 (I) nonmotorized use by the pub6 lic of existing trails; 

7 (II) roads, utilities, and infra8 structure facilities to cross the trails; 

9 and 

10 (III) improvement or relocation 

11 of the trails to accommodate develop12 ment of the Federal land. 

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

14 (1) DEFINITIONS.—In this subsection: 

15 (A) EXCHANGE MAP.—The term ‘‘ex16 change map’’ means the map entitled ‘‘Port of 

17 Cascade Locks/Pacific Crest National Scenic 

18 Trail Land Exchange’’, dated June 2006. 

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

20 land’’ means the parcel of land consisting of ap21 proximately 10 acres of National Forest System 

22 land in the Columbia River Gorge National Sce23 nic Area identified as ‘‘USFS Land to be con24 veyed’’ on the exchange map. 


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1 (C) NON-FEDERAL LAND.—The term 

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

3 consisting of approximately 40 acres identified 

4 as ‘‘Land to be acquired by USFS’’ on the ex5 change map. 

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

7 Port of Cascade Locks, Cascade Locks, Oregon. 

8 (2) LAND EXCHANGE, PORT OF CASCADE

9 LOCKS-PACIFIC CREST NATIONAL SCENIC TRAIL.— 

10 (A) CONVEYANCE OF LAND.—Subject to 

11 the provisions of this subsection, if the Port of12 fers to convey to the United States all right, 

13 title, and interest of the Port in and to the non14 Federal land, the Secretary shall, subject to 

15 valid existing rights, convey to the Port all 

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

17 and to the Federal land. 

18 (B) COMPLIANCE WITH EXISTING LAW.— 

19 Except as otherwise provided in this subsection, 

20 the Secretary shall carry out the land exchange 

21 under this subsection in accordance with section 

22 206 of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1716). 

24 (3) CONDITIONS ON ACCEPTANCE.— 


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1 (A) TITLE.—As a condition of the land ex2 change under this subsection, title to the non3 Federal land to be acquired by the Secretary 

4 under this subsection shall be acceptable to the 

5 Secretary. 

6 (B) TERMS AND CONDITIONS.—The con7 veyance of the Federal land and non-Federal 

8 land shall be subject to such terms and condi9 tions as the Secretary may require. 

10 (4) APPRAISALS.— 

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

12 after the date of enactment of this Act, the Sec13 retary shall select an appraiser to conduct an 

14 appraisal of the Federal land and non-Federal 

15 land. 

16 (B) REQUIREMENTS.—An appraisal under 

17 subparagraph (A) shall be conducted in accord18 ance with nationally recognized appraisal stand19 ards, including— 

20 (i) the Uniform Appraisal Standards 

21 for Federal Land Acquisitions; and 

22 (ii) the Uniform Standards of Profes23 sional Appraisal Practice. 

24 (5) SURVEYS.— 


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

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

5 (B) COSTS.—The responsibility for the 

6 costs of any surveys conducted under subpara7 graph (A), and any other administrative costs 

8 of carrying out the land exchange, shall be de9 termined by the Secretary and the Port. 

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

12 exchange under this subsection shall be completed 

13 not later than 16 months after the date of enact14 ment of this Act. 

15 (c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND

16 BOUNDARY ADJUSTMENT.— 

17 (1) DEFINITIONS.—In this subsection: 

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

19 Clackamas County, Oregon. 

20 (B) EXCHANGE MAP.—The term ‘‘ex21 change map’’ means the map entitled ‘‘Hunch22 back Mountain Land Exchange, Clackamas 

23 County’’, dated June 2006. 

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

25 land’’ means the parcel of land consisting of apVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 proximately 160 acres of National Forest Sys2 tem land in the Mount Hood National Forest 

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

4 the exchange map. 

5 (D) NON-FEDERAL LAND.—The term 

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

7 consisting of approximately 160 acres identified 

8 as ‘‘Land to be acquired by USFS’’ on the ex9 change map. 

10 (2) HUNCHBACK MOUNTAIN LAND EX11 CHANGE.— 

12 (A) CONVEYANCE OF LAND.—Subject to 

13 the provisions of this paragraph, if the County 

14 offers to convey to the United States all right, 

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

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

17 valid existing rights, convey to the County all 

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

19 and to the Federal land. 

20 (B) COMPLIANCE WITH EXISTING LAW.— 

21 Except as otherwise provided in this paragraph, 

22 the Secretary shall carry out the land exchange 

23 under this paragraph in accordance with section 

24 206 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1716). 


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1 (C) CONDITIONS ON ACCEPTANCE.— 

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

3 exchange under this paragraph, title to the 

4 non-Federal land to be acquired by the 

5 Secretary under this paragraph shall be 

6 acceptable to the Secretary. 

7 (ii) TERMS AND CONDITIONS.—The 

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

10 and conditions as the Secretary may re11 quire. 

12 (D) APPRAISALS.— 

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

15 Act, the Secretary shall select an appraiser 

16 to conduct an appraisal of the Federal 

17 land and non-Federal land. 

18 (ii) REQUIREMENTS.—An appraisal 

19 under clause (i) shall be conducted in ac20 cordance with nationally recognized ap21 praisal standards, including— 

22 (I) the Uniform Appraisal Stand23 ards for Federal Land Acquisitions; 

24 and 


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1 (II) the Uniform Standards of 

2 Professional Appraisal Practice. 

3 (E) SURVEYS.— 

4 (i) IN GENERAL.—The exact acreage 

5 and legal description of the Federal land 

6 and non-Federal land shall be determined 

7 by surveys approved by the Secretary. 

8 (ii) COSTS.—The responsibility for the 

9 costs of any surveys conducted under 

10 clause (i), and any other administrative 

11 costs of carrying out the land exchange, 

12 shall be determined by the Secretary and 

13 the County. 

14 (F) DEADLINE FOR COMPLETION OF LAND

15 EXCHANGE.—It is the intent of Congress that 

16 the land exchange under this paragraph shall be 

17 completed not later than 16 months after the 

18 date of enactment of this Act. 

19 (3) BOUNDARY ADJUSTMENT.— 

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

21 Mount Hood National Forest shall be adjusted 

22 to incorporate— 

23 (i) any land conveyed to the United 

24 States under paragraph (2); and 


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1 (ii) the land transferred to the Forest 

2 Service by section 124(h)(1). 

3 (B) ADDITIONS TO THE NATIONAL FOREST

4 SYSTEM.—The Secretary shall administer the 

5 land described in subparagraph (A)— 

6 (i) in accordance with— 

7 (I) the Act of March 1, 1911 

8 (commonly known as the ‘‘Weeks 

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

10 (II) any laws (including regula11 tions) applicable to the National For12 est System; and 

13 (ii) subject to sections 122(c)(3) and 

14 124(d), as applicable. 

15 (C) LAND AND WATER CONSERVATION

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

17 Land and Water Conservation Fund Act of 

18 1965 (16 U.S.C. 460l–9), the boundaries of the 

19 Mount Hood National Forest modified by this 

20 paragraph shall be considered to be the bound21 aries of the Mount Hood National Forest in ex22 istence as of January 1, 1965. 

23 (d) CONDITIONS ON DEVELOPMENT OF FEDERAL

24 LAND.— 


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1 (1) REQUIREMENTS APPLICABLE TO THE CON2 VEYANCE OF FEDERAL LAND.— 

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

4 of the conveyances of Federal land under this 

5 section, the Secretary shall include in the deed 

6 of conveyance a requirement that applicable 

7 construction activities and alterations shall be 

8 conducted in accordance with— 

9 (i) nationally recognized building and 

10 property maintenance codes; and 

11 (ii) nationally recognized codes for de12 velopment in the wildland-urban interface 

13 and wildfire hazard mitigation. 

14 (B) APPLICABLE LAW.—To the maximum 

15 extent practicable, the codes required under 

16 subparagraph (A) shall be consistent with the 

17 nationally recognized codes adopted or ref18 erenced by the State or political subdivisions of 

19 the State. 

20 (C) ENFORCEMENT.—The requirements 

21 under subparagraph (A) may be enforced by the 

22 same entities otherwise enforcing codes, ordi23 nances, and standards. 

24 (2) COMPLIANCE WITH CODES ON FEDERAL

25 LAND.—The Secretary shall ensure that applicable 


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1 construction activities and alterations undertaken or 

2 permitted by the Secretary on National Forest Sys3 tem land in the Mount Hood National Forest are 

4 conducted in accordance with— 

5 (A) nationally recognized building and 

6 property maintenance codes; and 

7 (B) nationally recognized codes for devel8 opment in the wildland-urban interface develop9 ment and wildfire hazard mitigation. 

10 (3) EFFECT ON ENFORCEMENT BY STATES AND

11 POLITICAL SUBDIVISIONS.—Nothing in this sub12 section alters or limits the power of the State or a 

13 political subdivision of the State to implement or en14 force any law (including regulations), rule, or stand15 ard relating to development or fire prevention and 

16 control. 

17 SEC. 127. TRIBAL PROVISIONS; PLANNING AND STUDIES. 

18 (a) TRANSPORTATION PLAN.— 

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

20 participate in the development of an integrated, 

21 multimodal transportation plan developed by the Or22 egon Department of Transportation for the Mount 

23 Hood region to achieve comprehensive solutions to 

24 transportation challenges in the Mount Hood re25 gion— 


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1 (A) to promote appropriate economic devel2 opment; 

3 (B) to preserve the landscape of the Mount 

4 Hood region; and 

5 (C) to enhance public safety. 

6 (2) ISSUES TO BE ADDRESSED.—In partici7 pating in the development of the transportation plan 

8 under paragraph (1), the Secretary shall seek to ad9 dress— 

10 (A) transportation alternatives between 

11 and among recreation areas and gateway com12 munities that are located within the Mount 

13 Hood region; 

14 (B) establishing park-and-ride facilities 

15 that shall be located at gateway communities; 

16 (C) establishing intermodal transportation 

17 centers to link public transportation, parking, 

18 and recreation destinations; 

19 (D) creating a new interchange on Oregon 

20 State Highway 26 located adjacent to or within 

21 Government Camp; 

22 (E) designating, maintaining, and improv23 ing alternative routes using Forest Service or 

24 State roads for— 

25 (i) providing emergency routes; or 


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1 (ii) improving access to, and travel 

2 within, the Mount Hood region; 

3 (F) the feasibility of establishing— 

4 (i) a gondola connection that— 

5 (I) connects Timberline Lodge to 

6 Government Camp; and 

7 (II) is located in close proximity 

8 to the site of the historic gondola cor9 ridor; and 

10 (ii) an intermodal transportation cen11 ter to be located in close proximity to Gov12 ernment Camp; 

13 (G) burying power lines located in, or adja14 cent to, the Mount Hood National Forest along 

15 Interstate 84 near the City of Cascade Locks, 

16 Oregon; and 

17 (H) creating mechanisms for funding the 

18 implementation of the transportation plan 

19 under paragraph (1), including— 

20 (i) funds provided by the Federal Gov21 ernment; 

22 (ii) public-private partnerships; 

23 (iii) incremental tax financing; and 


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1 (iv) other financing tools that link 

2 transportation infrastructure improvements 

3 with development. 

4 (b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP

5 STRATEGY.— 

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

7 a report on, and implementation schedule for, the 

8 vegetation management strategy (including rec9 ommendations for biomass utilization) for the Mount 

10 Hood National Forest being developed by the Forest 

11 Service. 

12 (2) SUBMISSION TO CONGRESS.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall submit the report to— 

16 (i) the Committee on Energy and 

17 Natural Resources of the Senate; and 

18 (ii) the Committee on Natural Re19 sources of the House of Representatives. 

20 (B) IMPLEMENTATION SCHEDULE.—Not 

21 later than 1 year after the date on which the 

22 vegetation management strategy referred to in 

23 paragraph (1) is completed, the Secretary shall 

24 submit the implementation schedule to— 


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1 (i) the Committee on Energy and 

2 Natural Resources of the Senate; and 

3 (ii) the Committee on Natural Re4 sources of the House of Representatives. 

5 (c) LOCAL AND TRIBAL RELATIONSHIPS.— 

6 (1) MANAGEMENT PLAN.— 

7 (A) IN GENERAL.—The Secretary, in con8 sultation with Indian tribes with treaty-reserved 

9 gathering rights on land encompassed by the 

10 Mount Hood National Forest and in a manner 

11 consistent with the memorandum of under12 standing entered into between the Department 

13 of Agriculture, the Bureau of Land Manage14 ment, the Bureau of Indian Affairs, and the 

15 Confederated Tribes of the Warm Springs Res16 ervation of Oregon, dated April 25, 2003, as 

17 modified, shall develop and implement a man18 agement plan that meets the cultural foods obli19 gations of the United States under applicable 

20 treaties, including the Treaty with the Tribes of 

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

22 963). 

23 (B) EFFECT.—This paragraph shall be 

24 considered to be consistent with, and is in25 tended to implement, the gathering rights reVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 served by the treaty described in subparagraph 

2 (A). 

3 (2) SAVINGS PROVISIONS REGARDING RELA4 TIONS WITH INDIAN TRIBES.— 

5 (A) TREATY RIGHTS.—Nothing in this 

6 subtitle alters, modifies, enlarges, diminishes, or 

7 extinguishes the treaty rights of any Indian 

8 tribe, including the off-reservation reserved 

9 rights established by the Treaty with the Tribes 

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

11 963). 

12 (B) TRIBAL LAND.—Nothing in this sub13 title affects land held in trust by the Secretary 

14 of the Interior for Indian tribes or individual 

15 members of Indian tribes or other land acquired 

16 by the Army Corps of Engineers and adminis17 tered by the Secretary of the Interior for the 

18 benefit of Indian tribes and individual members 

19 of Indian tribes. 

20 (d) RECREATIONAL USES.— 

21 (1) MOUNT HOOD NATIONAL FOREST REC22 REATIONAL WORKING GROUP.—The Secretary may 

23 establish a working group for the purpose of pro24 viding advice and recommendations to the Forest 


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1 Service on planning and implementing recreation en2 hancements in the Mount Hood National Forest. 

3 (2) CONSIDERATION OF CONVERSION OF FOR4 EST ROADS TO RECREATIONAL USES.—In consid5 ering a Forest Service road in the Mount Hood Na6 tional Forest for possible closure and decommis7 sioning after the date of enactment of this Act, the 

8 Secretary, in accordance with applicable law, shall 

9 consider, as an alternative to decommissioning the 

10 road, converting the road to recreational uses to en11 hance recreational opportunities in the Mount Hood 

12 National Forest. 

13 (3) IMPROVED TRAIL ACCESS FOR PERSONS

14 WITH DISABILITIES.—The Secretary, in consultation 

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

16 a location selected by the Secretary in Mount Hood 

17 National Forest suitable for use by persons with dis18 abilities. 

19 Subtitle D—Copper Salmon 

20 Wilderness, Oregon 

21 SEC. 131. DESIGNATION OF THE COPPER SALMON WILDER22 NESS. 

23 (a) DESIGNATION.—Section 3 of the Oregon Wilder24 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

25 328) is amended— 


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

2 striking ‘‘eight hundred fifty-nine thousand six hun3 dred acres’’ and inserting ‘‘873,300 acres’’; 

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

5 the end and inserting ‘‘; and’’; and 

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

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

8 Forest, comprising approximately 13,700 acres, as 

9 generally depicted on the map entitled ‘Proposed 

10 Copper Salmon Wilderness Area’ and dated Decem11 ber 7, 2007, to be known as the ‘Copper Salmon 

12 Wilderness’.’’. 

13 (b) MAPS AND LEGAL DESCRIPTION.— 

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

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

16 Agriculture (referred to in this subtitle as the ‘‘Sec17 retary’’) shall file a map and a legal description of 

18 the Copper Salmon Wilderness with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE OF LAW.—The map and legal de24 scription filed under paragraph (1) shall have the 

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


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1 except that the Secretary may correct typographical 

2 errors in the map and legal description. 

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

4 Salmon Wilderness shares a border with a road, the 

5 Secretary may only establish an offset that is not 

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

7 (4) PUBLIC AVAILABILITY.—Each map and 

8 legal description filed under paragraph (1) shall be 

9 on file and available for public inspection in the ap10 propriate offices of the Forest Service. 

11 SEC. 132. WILD AND SCENIC RIVER DESIGNATIONS, ELK 

12 RIVER, OREGON. 

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

14 (16 U.S.C. 1274(a)(76)) is amended— 

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

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

17 mile segment’’; 

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

19 and inserting a period; and 

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

21 the following: 

22 ‘‘(B)(i) The approximately 0.6-mile seg23 ment of the North Fork Elk from its source in 

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1 ian, downstream to 0.01 miles below Forest 

2 Service Road 3353, as a scenic river. 

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

4 of the North Fork Elk from 0.01 miles below 

5 Forest Service Road 3353 to its confluence with 

6 the South Fork Elk, as a wild river. 

7 ‘‘(C)(i) The approximately 0.9-mile seg8 ment of the South Fork Elk from its source in 

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

10 12 W., Willamette Meridian, downstream to 

11 0.01 miles below Forest Service Road 3353, as 

12 a scenic river. 

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

14 of the South Fork Elk from 0.01 miles below 

15 Forest Service Road 3353 to its confluence with 

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

17 SEC. 133. PROTECTION OF TRIBAL RIGHTS. 

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

19 construed as diminishing any right of any Indian tribe. 

20 (b) MEMORANDUM OF UNDERSTANDING.—The Sec21 retary shall seek to enter into a memorandum of under22 standing with the Coquille Indian Tribe regarding access 

23 to the Copper Salmon Wilderness to conduct historical and 

24 cultural activities. 


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1 Subtitle E—Cascade-Siskiyou 

2 National Monument, Oregon 

3 SEC. 141. DEFINITIONS. 

4 In this subtitle: 

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

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

7 map entitled ‘‘Proposed Rowlett Land Exchange’’ 

8 and dated June 13, 2006. 

9 (2) BUREAU OF LAND MANAGEMENT LAND.— 

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

11 means the approximately 40 acres of land adminis12 tered by the Bureau of Land Management identified 

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

14 Box R Ranch land exchange map. 

15 (3) DEERFIELD LAND EXCHANGE MAP.—The 

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

17 entitled ‘‘Proposed Deerfield-BLM Property Line 

18 Adjustment’’ and dated May 1, 2008. 

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

20 parcel’’ means the approximately 1.5 acres of land 

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

22 depicted on the Deerfield land exchange map. 

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

24 parcel’’ means the approximately 1.3 acres of land 

25 administered by the Bureau of Land Management 


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

2 depicted on the Deerfield land exchange map. 

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

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

5 Buck Mountain, Buck Point, Conde Creek, Cove 

6 Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, 

7 Howard Prairie, Jenny Creek, Keene Creek, North 

8 Cove Creek, and Soda Mountain grazing allotments 

9 in the State. 

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

11 lease’’ means any document authorizing the use of 

12 a grazing allotment for the purpose of grazing live13 stock for commercial purposes. 

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

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

16 (9) LESSEE.—The term ‘‘lessee’’ means a live17 stock operator that holds a valid existing grazing 

18 lease for a grazing allotment. 

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

20 not include beasts of burden used for recreational 

21 purposes. 

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

23 means the Cascade-Siskiyou National Monument in 

24 the State. 


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

2 parcel’’ means the parcel of approximately 40 acres 

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

4 generally depicted on the Box R Ranch land ex5 change map. 

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

7 means the Secretary of the Interior. 

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

9 State of Oregon. 

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

11 means the Soda Mountain Wilderness designated by 

12 section 145(a). 

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

14 map’’ means the map entitled ‘‘Soda Mountain Wil15 derness’’ and dated May 5, 2008. 

16 SEC. 142. VOLUNTARY GRAZING LEASE DONATION PRO17 GRAM. 

18 (a) EXISTING GRAZING LEASES.— 

19 (1) DONATION OF LEASE.— 

20 (A) ACCEPTANCE BY SECRETARY.—The 

21 Secretary shall accept any grazing lease that is 

22 donated by a lessee. 

23 (B) TERMINATION.—The Secretary shall 

24 terminate any grazing lease acquired under sub25 paragraph (A). 


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

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

3 grazing lease donated under subparagraph (A), 

4 the Secretary shall— 

5 (i) not issue any new grazing lease 

6 within the grazing allotment covered by the 

7 grazing lease; and 

8 (ii) ensure a permanent end to live9 stock grazing on the grazing allotment cov10 ered by the grazing lease. 

11 (2) DONATION OF PORTION OF GRAZING

12 LEASE.— 

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

14 lease for a grazing allotment partially within 

15 the Monument may elect to donate only that 

16 portion of the grazing lease that is within the 

17 Monument. 

18 (B) ACCEPTANCE BY SECRETARY.—The 

19 Secretary shall accept the portion of a grazing 

20 lease that is donated under subparagraph (A). 

21 (C) MODIFICATION OF LEASE.—Except as 

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

23 portion of a grazing lease under subparagraph 

24 (A), the Secretary shall— 


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1 (i) reduce the authorized grazing level 

2 and area to reflect the donation; and 

3 (ii) modify the grazing lease to reflect 

4 the reduced level and area of use. 

5 (D) AUTHORIZED LEVEL.—To ensure that 

6 there is a permanent reduction in the level and 

7 area of livestock grazing on the land covered by 

8 a portion of a grazing lease donated under sub9 paragraph (A), the Secretary shall not allow 

10 grazing to exceed the authorized level and area 

11 established under subparagraph (C). 

12 (3) COMMON ALLOTMENTS.— 

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

14 covered by a grazing lease or portion of a graz15 ing lease that is donated under paragraph (1) 

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

17 that is not donated, the Secretary shall reduce 

18 the grazing level on the grazing allotment to re19 flect the donation. 

20 (B) AUTHORIZED LEVEL.—To ensure that 

21 there is a permanent reduction in the level of 

22 livestock grazing on the land covered by the 

23 grazing lease or portion of a grazing lease do24 nated under paragraph (1) or (2), the Secretary 


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1 shall not allow grazing to exceed the level estab2 lished under subparagraph (A). 

3 (b) LIMITATIONS.—The Secretary— 

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

5 and Siskiyou allotments in and near the Monu6 ment— 

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

8 (B) shall ensure a permanent end to live9 stock grazing on each allotment; and 

10 (2) shall not establish any new allotments for 

11 livestock grazing that include any Monument land 

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

13 of enactment of this Act). 

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

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

16 section shall be considered to have waived any claim to 

17 any range improvement on the associated grazing allot18 ment or portion of the associated grazing allotment, as 

19 applicable. 

20 SEC. 143. BOX R RANCH LAND EXCHANGE. 

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

22 consolidating Federal land within the Monument, the Sec23 retary— 


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

2 Bureau of Land Management land in exchange for 

3 the Rowlett parcel; and 

4 (2) if the Landowner accepts the offer— 

5 (A) the Secretary shall convey to the 

6 Landowner all right, title, and interest of the 

7 United States in and to the Bureau of Land 

8 Management land; and 

9 (B) the Landowner shall convey to the 

10 Secretary all right, title, and interest of the 

11 Landowner in and to the Rowlett parcel. 

12 (b) SURVEYS.— 

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

14 description of the Bureau of Land Management land 

15 and the Rowlett parcel shall be determined by sur16 veys approved by the Secretary. 

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

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

19 other administrative costs of carrying out the land 

20 exchange, shall be determined by the Secretary and 

21 the Landowner. 

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

23 Land Management land and the Rowlett parcel under this 

24 section shall be subject to— 

25 (1) valid existing rights; 


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1 (2) title to the Rowlett parcel being acceptable 

2 to the Secretary and in conformance with the title 

3 approval standards applicable to Federal land acqui4 sitions; 

5 (3) such terms and conditions as the Secretary 

6 may require; and 

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

8 any laws (including regulations) applicable to the 

9 conveyance and acquisition of land by the Bureau of 

10 Land Management. 

11 (d) APPRAISALS.— 

12 (1) IN GENERAL.—The Bureau of Land Man13 agement land and the Rowlett parcel shall be ap14 praised by an independent appraiser selected by the 

15 Secretary. 

16 (2) REQUIREMENTS.—An appraisal conducted 

17 under paragraph (1) shall be conducted in accord18 ance with— 

19 (A) the Uniform Appraisal Standards for 

20 Federal Land Acquisition; and 

21 (B) the Uniform Standards of Professional 

22 Appraisal Practice. 

23 (3) APPROVAL.—The appraisals conducted 

24 under this subsection shall be submitted to the Sec25 retary for approval. 


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

2 land exchange authorized under this section, the lessee of 

3 the grazing lease for the Box R grazing allotment shall 

4 donate the Box R grazing lease in accordance with section 

5 142(a)(1). 

6 SEC. 144. DEERFIELD LAND EXCHANGE. 

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

8 consolidating Federal land within the Monument, the Sec9 retary— 

10 (1) may offer to convey to Deerfield Learning 

11 Associates the Federal parcel in exchange for the 

12 Deerfield parcel; and 

13 (2) if Deerfield Learning Associates accepts the 

14 offer— 

15 (A) the Secretary shall convey to Deerfield 

16 Learning Associates all right, title, and interest 

17 of the United States in and to the Federal par18 cel; and 

19 (B) Deerfield Learning Associates shall 

20 convey to the Secretary all right, title, and in21 terest of Deerfield Learning Associates in and 

22 to the Deerfield parcel. 

23 (b) SURVEYS.— 

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

25 description of the Federal parcel and the Deerfield 


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1 parcel shall be determined by surveys approved by 

2 the Secretary. 

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

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

5 other administrative costs of carrying out the land 

6 exchange, shall be determined by the Secretary and 

7 Deerfield Learning Associates. 

8 (c) CONDITIONS.— 

9 (1) IN GENERAL.—The conveyance of the Fed10 eral parcel and the Deerfield parcel under this sec11 tion shall be subject to— 

12 (A) valid existing rights; 

13 (B) title to the Deerfield parcel being ac14 ceptable to the Secretary and in conformance 

15 with the title approval standards applicable to 

16 Federal land acquisitions; 

17 (C) such terms and conditions as the Sec18 retary may require; and 

19 (D) except as otherwise provided in this 

20 section, any laws (including regulations) appli21 cable to the conveyance and acquisition of land 

22 by the Bureau of Land Management. 

23 (d) APPRAISALS.— 


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

2 Deerfield parcel shall be appraised by an inde3 pendent appraiser selected by the Secretary. 

4 (2) REQUIREMENTS.—An appraisal conducted 

5 under paragraph (1) shall be conducted in accord6 ance with— 

7 (A) the Uniform Appraisal Standards for 

8 Federal Land Acquisition; and 

9 (B) the Uniform Standards of Professional 

10 Appraisal Practice. 

11 (3) APPROVAL.—The appraisals conducted 

12 under this subsection shall be submitted to the Sec13 retary for approval. 

14 SEC. 145. SODA MOUNTAIN WILDERNESS. 

15 (a) DESIGNATION.—In accordance with the Wilder16 ness Act (16 U.S.C. 1131 et seq.), approximately 24,100 

17 acres of Monument land, as generally depicted on the wil18 derness map, is designated as wilderness and as a compo19 nent of the National Wilderness Preservation System, to 

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

21 (b) MAP AND LEGAL DESCRIPTION.— 

22 (1) SUBMISSION OF MAP AND LEGAL DESCRIP23 TION.—As soon as practicable after the date of en24 actment of this Act, the Secretary shall file a map 

25 and legal description of the Wilderness with— 


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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (2) FORCE AND EFFECT.— 

6 (A) IN GENERAL.—The map and legal de7 scription filed under paragraph (1) shall have 

8 the same force and effect as if included in this 

9 subtitle, except that the Secretary may correct 

10 any clerical or typographical error in the map 

11 or legal description. 

12 (B) NOTIFICATION.—The Secretary shall 

13 submit to Congress notice of any changes made 

14 in the map or legal description under subpara15 graph (A), including notice of the reason for 

16 the change. 

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

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

19 and available for public inspection in the appropriate 

20 offices of the Bureau of Land Management. 

21 (c) ADMINISTRATION OF WILDERNESS.— 

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

23 rights, the Wilderness shall be administered by the 

24 Secretary in accordance with the Wilderness Act (16 

25 U.S.C. 1131 et seq.), except that— 


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1 (A) any reference in the Wilderness Act to 

2 the effective date of the Wilderness Act shall be 

3 considered to be a reference to the date of en4 actment of this Act; and 

5 (B) any reference in that Act to the Sec6 retary of Agriculture shall be considered to be 

7 a reference to the Secretary of the Interior. 

8 (2) FIRE, INSECT, AND DISEASE MANAGEMENT

9 ACTIVITIES.—Except as provided by Presidential 

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

11 Fed. Reg. 37247), within the wilderness areas des12 ignated by this subtitle, the Secretary may take such 

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

14 Wilderness Act (16 U.S.C. 1133(d)(1)) as are nec15 essary to control fire, insects, and diseases, subject 

16 to such terms and conditions as the Secretary deter17 mines to be desirable and appropriate. 

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

19 142 and by Presidential Proclamation Number 

20 7318, dated June 9, 2000 (65 Fed. Reg. 37247), 

21 the grazing of livestock in the Wilderness, if estab22 lished before the date of enactment of this Act, shall 

23 be permitted to continue subject to such reasonable 

24 regulations as are considered necessary by the Sec25 retary in accordance with— 


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

2 (16 U.S.C. 1133(d)(4)); and 

3 (B) the guidelines set forth in Appendix A 

4 of the report of the Committee on Interior and 

5 Insular Affairs of the House of Representatives 

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

7 (H. Rept. 101–405). 

8 (4) FISH AND WILDLIFE MANAGEMENT.—In ac9 cordance with section 4(d)(7) of the Wilderness Act 

10 (16 U.S.C. 1133(d)(7)), nothing in this subtitle af11 fects the jurisdiction of the State with respect to fish 

12 and wildlife on public land in the State. 

13 (5) INCORPORATION OF ACQUIRED LAND AND

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

15 boundary of the Wilderness that is acquired by the 

16 United States shall— 

17 (A) become part of the Wilderness; and 

18 (B) be managed in accordance with this 

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

20 seq.), and any other applicable law. 

21 SEC. 146. EFFECT. 

22 Nothing in this subtitle— 

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

24 modify or terminate grazing permits or leases, ex25 cept as provided in section 142; 


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1 (2) authorizes the use of eminent domain; 

2 (3) creates a property right in any grazing per3 mit or lease on Federal land; 

4 (4) establishes a precedent for future grazing 

5 permit or lease donation programs; or 

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

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

8 Act, of any water, water right, or any other valid ex9 isting right held by the United States, an Indian 

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

11 corporation. 

12 Subtitle F—Owyhee Public Land 

13 Management 

14 SEC. 151. DEFINITIONS. 

15 In this subtitle: 

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

17 Owyhee Land Acquisition Account established by 

18 section 155(b)(1). 

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

20 Owyhee County, Idaho. 

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

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

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

24 and draining north from the crest of the Silver City 

25 Range to the Snake River. 


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

2 management plan for motorized and mechanized off3 highway vehicle recreation prepared under section 

4 157. 

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

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

7 the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1702(e)). 

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

10 the Secretary of the Interior. 

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

12 of Idaho. 

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

14 Shoshone Pauite Tribes of the Duck Valley Reserva15 tion. 

16 SEC. 152. OWYHEE SCIENCE REVIEW AND CONSERVATION 

17 CENTER. 

18 (a) ESTABLISHMENT.—The Secretary, in coordina19 tion with the Tribes, State, and County, and in consulta20 tion with the University of Idaho, Federal grazing permit21 tees, and public, shall establish the Owyhee Science Re22 view and Conservation Center in the County to conduct 

23 research projects to address natural resources manage24 ment issues affecting public and private rangeland in the 

25 County. 


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

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

3 and analysis of information to provide Federal and State 

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

5 the public with information on improved rangeland man6 agement. 

7 SEC. 153. WILDERNESS AREAS. 

8 (a) WILDERNESS AREAS DESIGNATION.— 

9 (1) IN GENERAL.—In accordance with the Wil10 derness Act (16 U.S.C. 1131 et seq.), the following 

11 areas in the State are designated as wilderness areas 

12 and as components of the National Wilderness Pres13 ervation System: 

14 (A) BIG JACKS CREEK WILDERNESS.—Cer15 tain land comprising approximately 52,826 

16 acres, as generally depicted on the map entitled 

17 ‘‘Little Jacks Creek and Big Jacks Creek Wil18 derness’’ and dated May 5, 2008, which shall 

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

20 (B) BRUNEAU-JARBIDGE RIVERS WILDER21 NESS.—Certain land comprising approximately 

22 89,996 acres, as generally depicted on the map 

23 entitled ‘‘Bruneau-Jarbidge Rivers Wilderness’’ 

24 and dated May 5, 2008, which shall be known 

25 as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. 


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1 (C) LITTLE JACKS CREEK WILDERNESS.— 

2 Certain land comprising approximately 50,929 

3 acres, as generally depicted on the map entitled 

4 ‘‘Little Jacks Creek and Big Jacks Creek Wil5 derness’’ and dated May 5, 2008, which shall 

6 be known as the ‘‘Little Jacks Creek Wilder7 ness’’. 

8 (D) NORTH FORK OWYHEE WILDER9 NESS.—Certain land comprising approximately 

10 43,413 acres, as generally depicted on the map 

11 entitled ‘‘North Fork Owyhee and Pole Creek 

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

13 shall be known as the ‘‘North Fork Owyhee 

14 Wilderness’’. 

15 (E) OWYHEE RIVER WILDERNESS.—Cer16 tain land comprising approximately 267,328 

17 acres, as generally depicted on the map entitled 

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

19 2008, which shall be known as the ‘‘Owyhee 

20 River Wilderness’’. 

21 (F) POLE CREEK WILDERNESS.—Certain 

22 land comprising approximately 12,533 acres, as 

23 generally depicted on the map entitled ‘‘North 

24 Fork Owyhee and Pole Creek Wilderness’’ and 


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

2 the ‘‘Pole Creek Wilderness’’. 

3 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall submit to the Committee on Energy 

7 and Natural Resources of the Senate and the 

8 Committee on Natural Resources of the House 

9 of Representatives a map and legal description 

10 for each area designated as wilderness by this 

11 subtitle. 

12 (B) EFFECT.—Each map and legal de13 scription submitted under subparagraph (A) 

14 shall have the same force and effect as if in15 cluded in this subtitle, except that the Secretary 

16 may correct minor errors in the map or legal 

17 description. 

18 (C) AVAILABILITY.—Each map and legal 

19 description submitted under subparagraph (A) 

20 shall be available in the appropriate offices of 

21 the Bureau of Land Management. 

22 (3) RELEASE OF WILDERNESS STUDY AREAS.— 

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

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

25 Land Policy and Management Act of 1976 (43 


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

2 administered by the Bureau of Land Manage3 ment has been adequately studied for wilder4 ness designation. 

5 (B) RELEASE.—Any public land referred 

6 to in subparagraph (A) that is not designated 

7 as wilderness by this subtitle— 

8 (i) is no longer subject to section 

9 603(c) of the Federal Land Policy and 

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

11 1782(c)); and 

12 (ii) shall be managed in accordance 

13 with the applicable land use plan adopted 

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

15 1712). 

16 (b) ADMINISTRATION.— 

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

18 rights, each area designated as wilderness by this 

19 subtitle shall be administered by the Secretary in ac20 cordance with the Wilderness Act (16 U.S.C. 1131 

21 et seq.), except that— 

22 (A) any reference in that Act to the effec23 tive date shall be considered to be a reference 

24 to the date of enactment of this Act; and 


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1 (B) any reference in that Act to the Sec2 retary of Agriculture shall be considered to be 

3 a reference to the Secretary of the Interior. 

4 (2) WITHDRAWAL.—Subject to valid existing 

5 rights, the Federal land designated as wilderness by 

6 this subtitle is withdrawn from all forms of— 

7 (A) entry, appropriation, or disposal under 

8 the public land laws; 

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

10 mining laws; and 

11 (C) disposition under the mineral leasing, 

12 mineral materials, and geothermal leasing laws. 

13 (3) LIVESTOCK.— 

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

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

17 of the date of enactment of this Act shall be al18 lowed to continue, subject to such reasonable 

19 regulations, policies, and practices as the Sec20 retary considers necessary, consistent with sec21 tion 4(d)(4) of the Wilderness Act (16 U.S.C. 

22 1133(d)(4)) and the guidelines described in Ap23 pendix A of House Report 101–405. 

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

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1 retary shall conduct an inventory of existing fa2 cilities and improvements associated with graz3 ing activities in the wilderness areas and wild 

4 and scenic rivers designated by this subtitle. 

5 (C) FENCING.—The Secretary may con6 struct and maintain fencing around wilderness 

7 areas designated by this subtitle as the Sec8 retary determines to be appropriate to enhance 

9 wilderness values. 

10 (D) DONATION OF GRAZING PERMITS OR

11 LEASES.— 

12 (i) ACCEPTANCE BY SECRETARY.— 

13 The Secretary shall accept the donation of 

14 any valid existing permits or leases author15 izing grazing on public land, all or a por16 tion of which is within the wilderness areas 

17 designated by this subtitle. 

18 (ii) TERMINATION.—With respect to 

19 each permit or lease donated under clause 

20 (i), the Secretary shall— 

21 (I) terminate the grazing permit 

22 or lease; and 

23 (II) except as provided in clause 

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1 ing on the land covered by the permit 

2 or lease. 

3 (iii) COMMON ALLOTMENTS.— 

4 (I) IN GENERAL.—If the land 

5 covered by a permit or lease donated 

6 under clause (i) is also covered by an7 other valid existing permit or lease 

8 that is not donated under clause (i), 

9 the Secretary shall reduce the author10 ized grazing level on the land covered 

11 by the permit or lease to reflect the 

12 donation of the permit or lease under 

13 clause (i). 

14 (II) AUTHORIZED LEVEL.—To 

15 ensure that there is a permanent re16 duction in the level of grazing on the 

17 land covered by a permit or lease do18 nated under clause (i), the Secretary 

19 shall not allow grazing use to exceed 

20 the authorized level established under 

21 subclause (I). 

22 (iv) PARTIAL DONATION.— 

23 (I) IN GENERAL.—If a person 

24 holding a valid grazing permit or lease 

25 donates less than the full amount of 


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1 grazing use authorized under the per2 mit or lease, the Secretary shall— 

3 (aa) reduce the authorized 

4 grazing level to reflect the dona5 tion; and 

6 (bb) modify the permit or 

7 lease to reflect the revised level of 

8 use. 

9 (II) AUTHORIZED LEVEL.—To 

10 ensure that there is a permanent re11 duction in the authorized level of 

12 grazing on the land covered by a per13 mit or lease donated under subclause 

14 (I), the Secretary shall not allow graz15 ing use to exceed the authorized level 

16 established under that subclause. 

17 (4) ACQUISITION OF LAND AND INTERESTS IN

18 LAND.— 

19 (A) IN GENERAL.—Consistent with appli20 cable law, the Secretary may acquire land or in21 terests in land within the boundaries of the wil22 derness areas designated by this subtitle by 

23 purchase, donation, or exchange. 

24 (B) INCORPORATION OF ACQUIRED

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1 joining the boundary of, a wilderness area des2 ignated by this subtitle that is acquired by the 

3 United States shall be added to, and adminis4 tered as part of, the wilderness area in which 

5 the acquired land or interest in land is located. 

6 (5) TRAIL PLAN.— 

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

8 providing opportunities for public comment, 

9 shall establish a trail plan that addresses hiking 

10 and equestrian trails on the land designated as 

11 wilderness by this subtitle, in a manner con12 sistent with the Wilderness Act (16 U.S.C. 

13 1131 et seq.). 

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

15 the date of enactment of this Act, the Secretary 

16 shall submit to Congress a report that describes 

17 the implementation of the trail plan. 

18 (6) OUTFITTING AND GUIDE ACTIVITIES.—Con19 sistent with section 4(d)(5) of the Wilderness Act 

20 (16 U.S.C. 1133(d)(5)), commercial services (includ21 ing authorized outfitting and guide activities) are 

22 authorized in wilderness areas designated by this 

23 subtitle to the extent necessary for activities that 

24 fulfill the recreational or other wilderness purposes 

25 of the areas. 


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1 (7) ACCESS TO PRIVATE PROPERTY.—In ac2 cordance with section 5(a) of the Wilderness Act (16 

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

4 owner of private property within the boundary of a 

5 wilderness area designated by this subtitle adequate 

6 access to the property. 

7 (8) FISH AND WILDLIFE.— 

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

9 affects the jurisdiction of the State with respect 

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

11 (B) MANAGEMENT ACTIVITIES.— 

12 (i) IN GENERAL.—In furtherance of 

13 the purposes and principles of the Wilder14 ness Act (16 U.S.C. 1131 et seq.), the Sec15 retary may conduct any management ac16 tivities that are necessary to maintain or 

17 restore fish and wildlife populations and 

18 habitats in the wilderness areas designated 

19 by this subtitle, if the management activi20 ties are— 

21 (I) consistent with relevant wil22 derness management plans; and 

23 (II) conducted in accordance with 

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1 cies established in Appendix B of 

2 House Report 101–405. 

3 (ii) INCLUSIONS.—Management activi4 ties under clause (i) may include the occa5 sional and temporary use of motorized ve6 hicles, if the use, as determined by the 

7 Secretary, would promote healthy, viable, 

8 and more naturally distributed wildlife 

9 populations that would enhance wilderness 

10 values while causing the minimum impact 

11 necessary to accomplish those tasks. 

12 (C) EXISTING ACTIVITIES.—Consistent 

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

14 U.S.C. 1133(d)(1)) and in accordance with ap15 propriate policies, such as those established in 

16 Appendix B of House Report 101–405, the 

17 State may use aircraft (including helicopters) in 

18 the wilderness areas designated by this subtitle 

19 to survey, capture, transplant, monitor, and 

20 provide water for wildlife populations, including 

21 bighorn sheep, and feral stock, feral horses, and 

22 feral burros. 

23 (9) WILDFIRE, INSECT, AND DISEASE MANAGE24 MENT.—Consistent with section 4(d)(1) of the Wil25 derness Act (16 U.S.C. 1133(d)(1)), the Secretary 


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1 may take any measures that the Secretary deter2 mines to be necessary to control fire, insects, and 

3 diseases, including, as the Secretary determines ap4 propriate, the coordination of those activities with a 

5 State or local agency. 

6 (10) ADJACENT MANAGEMENT.— 

7 (A) IN GENERAL.—The designation of a 

8 wilderness area by this subtitle shall not create 

9 any protective perimeter or buffer zone around 

10 the wilderness area. 

11 (B) NONWILDERNESS ACTIVITIES.—The 

12 fact that nonwilderness activities or uses can be 

13 seen or heard from areas within a wilderness 

14 area designated by this subtitle shall not pre15 clude the conduct of those activities or uses out16 side the boundary of the wilderness area. 

17 (11) MILITARY OVERFLIGHTS.—Nothing in this 

18 subtitle restricts or precludes— 

19 (A) low-level overflights of military aircraft 

20 over the areas designated as wilderness by this 

21 subtitle, including military overflights that can 

22 be seen or heard within the wilderness areas; 

23 (B) flight testing and evaluation; or 

24 (C) the designation or creation of new 

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1 ment of military flight training routes, over the 

2 wilderness areas. 

3 (12) WATER RIGHTS.— 

4 (A) IN GENERAL.—The designation of 

5 areas as wilderness by subsection (a) shall not 

6 create an express or implied reservation by the 

7 United States of any water or water rights for 

8 wilderness purposes with respect to such areas. 

9 (B) EXCLUSIONS.—This paragraph does 

10 not apply to any components of the National 

11 Wild and Scenic Rivers System designated by 

12 section 154. 

13 SEC. 154. DESIGNATION OF WILD AND SCENIC RIVERS. 

14 (a) IN GENERAL.—Section 3(a) of the Wild and Sce15 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec16 tion 123(a)(1)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 

19 miles of Battle Creek from the confluence of the 

20 Owyhee River to the upstream boundary of the 

21 Owyhee River Wilderness, to be administered by the 

22 Secretary of the Interior as a wild river. 

23 ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 

24 miles of Big Jacks Creek from the downstream bor25 der of the Big Jacks Creek Wilderness in sec. 8, T. 


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1 8 S., R. 4 E., to the point at which it enters the NW 

1 2 ⁄4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to 

3 be administered by the Secretary of the Interior as 

4 a wild river. 

5 ‘‘(182) BRUNEAU RIVER, IDAHO.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the 39.3-mile segment of the 

8 Bruneau River from the downstream boundary 

9 of the Bruneau-Jarbidge Wilderness to the up10 stream confluence with the west fork of the 

11 Bruneau River, to be administered by the Sec12 retary of the Interior as a wild river. 

13 ‘‘(B) EXCEPTION.—Notwithstanding sub14 paragraph (A), the 0.6-mile segment of the 

15 Bruneau River at the Indian Hot Springs pub16 lic road access shall be administered by the Sec17 retary of the Interior as a recreational river. 

18 ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— 

19 The approximately 0.35 miles of the West Fork of 

20 the Bruneau River from the confluence with the 

21 Jarbidge River to the downstream boundary of the 

22 Bruneau Canyon Grazing Allotment in the SE/NE 

23 of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 

24 administered by the Secretary of the Interior as a 

25 wild river. 


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1 ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 

2 miles of Cottonwood Creek from the confluence with 

3 Big Jacks Creek to the upstream boundary of the 

4 Big Jacks Creek Wilderness, to be administered by 

5 the Secretary of the Interior as a wild river. 

6 ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile 

7 segment of Deep Creek from the confluence with the 

8 Owyhee River to the upstream boundary of the 

9 Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 

10 W., Boise Meridian, to be administered by the Sec11 retary of the Interior as a wild river. 

12 ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 

13 9.25 miles of Dickshooter Creek from the confluence 

with Deep Creek to a point on the stream 1 14 ⁄4 mile 

15 due west of the east boundary of sec. 16, T. 12 S., 

16 R. 2 W., Boise Meridian, to be administered by the 

17 Secretary of the Interior as a wild river. 

18 ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile 

19 segment of Duncan Creek from the confluence with 

20 Big Jacks Creek upstream to the east boundary of 

21 sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be ad22 ministered by the Secretary of the Interior as a wild 

23 river. 

24 ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 

25 miles of the Jarbidge River from the confluence with 


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1 the West Fork Bruneau River to the upstream 

2 boundary of the Bruneau-Jarbidge Rivers Wilder3 ness, to be administered by the Secretary of the In4 terior as a wild river. 

5 ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 

6 12.4 miles of Little Jacks Creek from the down7 stream boundary of the Little Jacks Creek Wilder8 ness, upstream to the mouth of OX Prong Creek, to 

9 be administered by the Secretary of the Interior as 

10 a wild river. 

11 ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— 

12 The following segments of the North Fork of the 

13 Owyhee River, to be administered by the Secretary 

14 of the Interior: 

15 ‘‘(A) The 5.7-mile segment from the 

16 Idaho-Oregon State border to the upstream 

17 boundary of the private land at the Juniper Mt. 

18 Road crossing, as a recreational river. 

19 ‘‘(B) The 15.1-mile segment from the up20 stream boundary of the North Fork Owyhee 

21 River recreational segment designated in para22 graph (A) to the upstream boundary of the 

23 North Fork Owyhee River Wilderness, as a wild 

24 river. 

25 ‘‘(191) OWYHEE RIVER, IDAHO.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the 67.3 miles of the Owyhee River 

3 from the Idaho-Oregon State border to the up4 stream boundary of the Owyhee River Wilder5 ness, to be administered by the Secretary of the 

6 Interior as a wild river. 

7 ‘‘(B) ACCESS.—The Secretary of the Inte8 rior shall allow for continued access across the 

9 Owyhee River at Crutchers Crossing, subject to 

10 such terms and conditions as the Secretary of 

11 the Interior determines to be necessary. 

12 ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of 

13 Red Canyon from the confluence of the Owyhee 

14 River to the upstream boundary of the Owyhee River 

15 Wilderness, to be administered by the Secretary of 

16 the Interior as a wild river. 

17 ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles 

18 of Sheep Creek from the confluence with the 

19 Bruneau River to the upstream boundary of the 

20 Bruneau-Jarbidge Rivers Wilderness, to be adminis21 tered by the Secretary of the Interior as a wild river. 

22 ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the 31.4-mile segment of the 

25 South Fork of the Owyhee River upstream from 


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1 the confluence with the Owyhee River to the up2 stream boundary of the Owyhee River Wilder3 ness at the Idaho–Nevada State border, to be 

4 administered by the Secretary of the Interior as 

5 a wild river. 

6 ‘‘(B) EXCEPTION.—Notwithstanding sub7 paragraph (A), the 1.2-mile segment of the 

8 South Fork of the Owyhee River from the point 

9 at which the river enters the southernmost 

10 boundary to the point at which the river exits 

11 the northernmost boundary of private land in 

12 sec. 25 and 26, T. 14 S., R. 5 W., Boise Merid13 ian, shall be administered by the Secretary of 

14 the Interior as a recreational river. 

15 ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 

16 miles of Wickahoney Creek from the confluence of 

17 Big Jacks Creek to the upstream boundary of the 

18 Big Jacks Creek Wilderness, to be administered by 

19 the Secretary of the Interior as a wild river.’’. 

20 (b) BOUNDARIES.—Notwithstanding section 3(b) of 

21 the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the 

22 boundary of a river segment designated as a component 

23 of the National Wild and Scenic Rivers System under this 

24 subtitle shall extend not more than the shorter of— 


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(1) an average distance of 1 1 ⁄4 mile from the 

2 high water mark on both sides of the river segment; 

3 or 

4 (2) the distance to the nearest confined canyon 

5 rim. 

6 (c) LAND ACQUISITION.—The Secretary shall not ac7 quire any private land within the exterior boundary of a 

8 wild and scenic river corridor without the consent of the 

9 owner. 

10 SEC. 155. LAND IDENTIFIED FOR DISPOSAL. 

11 (a) IN GENERAL.—Consistent with applicable law, 

12 the Secretary may sell public land located within the Boise 

13 District of the Bureau of Land Management that, as of 

14 the date of enactment of this Act, has been identified for 

15 disposal in appropriate resource management plans. 

16 (b) USE OF PROCEEDS.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law (other than a law that specifically 

19 provides for a proportion of the proceeds of a land 

20 sale to be distributed to any trust fund of the 

21 State), proceeds from the sale of public land under 

22 subsection (a) shall be deposited in a separate ac23 count in the Treasury of the United States to be 

24 known as the ‘‘Owyhee Land Acquisition Account’’. 

25 (2) AVAILABILITY.— 


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1 (A) IN GENERAL.—Amounts in the ac2 count shall be available to the Secretary, with3 out further appropriation, to purchase land or 

4 interests in land in, or adjacent to, the wilder5 ness areas designated by this subtitle, including 

6 land identified as ‘‘Proposed for Acquisition’’ 

7 on the maps described in section 153(a)(1). 

8 (B) APPLICABLE LAW.—Any purchase of 

9 land or interest in land under subparagraph (A) 

10 shall be in accordance with applicable law. 

11 (3) APPLICABILITY.—This subsection applies to 

12 public land within the Boise District of the Bureau 

13 of Land Management sold on or after January 1, 

14 2008. 

15 (c) TERMINATION OF AUTHORITY.— 

16 (1) IN GENERAL.—The authority provided 

17 under this section terminates on the earlier of— 

18 (A) the date that is 10 years after the date 

19 of enactment of this Act; or 

20 (B) the date on which a total of 

21 $8,000,000 from the account is expended. 

22 (2) AVAILABILITY OF AMOUNTS.—Any amounts 

23 remaining in the account on the termination of au24 thority under this section shall be— 


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1 (A) credited as sales of public land in the 

2 State; 

3 (B) transferred to the Federal Land Dis4 posal Account established under section 206(a) 

5 of the Federal Land Transaction Facilitation 

6 Act (43 U.S.C. 2305(a)); and 

7 (C) used in accordance with that subtitle. 

8 SEC. 156. TRIBAL CULTURAL RESOURCES. 

9 (a) COORDINATION.—The Secretary shall coordinate 

10 with the Tribes in the implementation of the Shoshone 

11 Paiute Cultural Resource Protection Plan. 

12 (b) AGREEMENTS.—The Secretary shall seek to enter 

13 into agreements with the Tribes to implement the Sho14 shone Paiute Cultural Resource Protection Plan to protect 

15 cultural sites and resources important to the continuation 

16 of the traditions and beliefs of the Tribes. 

17 SEC. 157. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

18 (a) IN GENERAL.—In accordance with the Federal 

19 Land Policy and Management Act of 1976 (43 U.S.C. 

20 1701 et seq.), the Secretary shall, in coordination with the 

21 Tribes, State, and County, prepare 1 or more travel man22 agement plans for motorized and mechanized off-highway 

23 vehicle recreation for the land managed by the Bureau of 

24 Land Management in the County. 


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1 (b) INVENTORY.—Before preparing the plan under 

2 subsection (a), the Secretary shall conduct resource and 

3 route inventories of the area covered by the plan. 

4 (c) LIMITATION TO DESIGNATED ROUTES.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the plan shall limit recreational motorized 

7 and mechanized off-highway vehicle use to a system 

8 of designated roads and trails established by the 

9 plan. 

10 (2) EXCEPTION.—Paragraph (1) shall not 

11 apply to snowmobiles. 

12 (d) TEMPORARY LIMITATION.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), until the date on which the Secretary 

15 completes the plan, all recreational motorized and 

16 mechanized off-highway vehicle use shall be limited 

17 to roads and trails lawfully in existence on the day 

18 before the date of enactment of this Act. 

19 (2) EXCEPTION.—Paragraph (1) shall not 

20 apply to— 

21 (A) snowmobiles; or 

22 (B) areas specifically identified as open, 

23 closed, or limited in the Owyhee Resource Man24 agement Plan. 

25 (e) SCHEDULE.— 


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1 (1) OWYHEE FRONT.—It is the intent of Con2 gress that, not later than 1 year after the date of 

3 enactment of this Act, the Secretary shall complete 

4 a transportation plan for the Owyhee Front. 

5 (2) OTHER BUREAU OF LAND MANAGEMENT

6 LAND IN THE COUNTY.—It is the intent of Congress 

7 that, not later than 3 years after the date of enact8 ment of this Act, the Secretary shall complete a 

9 transportation plan for Bureau of Land Manage10 ment land in the County outside the Owyhee Front. 

11 SEC. 158. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subtitle. 

14 Subtitle G—Boundary Adjustment, 

15 Frank Church River of No Re16 turn Wilderness 

17 SEC. 161. PURPOSES. 

18 The purposes of this subtitle are— 

19 (1) to adjust the boundaries of the wilderness 

20 area; and 

21 (2) to authorize the Secretary to sell the land 

22 designated for removal from the wilderness area due 

23 to encroachment. 

24 SEC. 162. DEFINITIONS. 

25 In this subtitle: 


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1 (1) LAND DESIGNATED FOR EXCLUSION.—The 

2 term ‘‘land designated for exclusion’’ means the par3 cel of land that is— 

4 (A) comprised of approximately 10.2 acres 

5 of land; 

6 (B) generally depicted on the survey plat 

7 entitled ‘‘Proposed Boundary Change 

8 FCRONRW Sections 15 (unsurveyed) Town9 ship 14 North, Range 13 East, B.M., Custer 

10 County, Idaho’’ and dated November 14, 2001; 

11 and 

12 (C) more particularly described in the sur13 vey plat and legal description on file in— 

14 (i) the office of the Chief of the For15 est Service, Washington, DC; and 

16 (ii) the office of the Intermountain 

17 Regional Forester, Ogden, Utah. 

18 (2) LAND DESIGNATED FOR INCLUSION.—The 

19 term ‘‘land designated for inclusion’’ means the par20 cel of National Forest System land that is— 

21 (A) comprised of approximately 10.2 acres 

22 of land; 

23 (B) located in unsurveyed section 22, T. 

24 14 N., R. 13 E., Boise Meridian, Custer Coun25 ty, Idaho; 


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1 (C) generally depicted on the map entitled 

2 ‘‘Challis National Forest, T.14 N., R. 13 E., 

3 B.M., Custer County, Idaho, Proposed Bound4 ary Change FCRONRW’’ and dated September 

5 19, 2007; and 

6 (D) more particularly described on the 

7 map and legal description on file in— 

8 (i) the office of the Chief of the For9 est Service, Washington, DC; and 

10 (ii) the Intermountain Regional For11 ester, Ogden, Utah. 

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

13 the Secretary of Agriculture. 

14 (4) WILDERNESS AREA.—The term ‘‘wilderness 

15 area’’ means the Frank Church River of No Return 

16 Wilderness designated by section 3 of the Central 

17 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

18 94 Stat. 948). 

19 SEC. 163. BOUNDARY ADJUSTMENT. 

20 (a) ADJUSTMENT TO WILDERNESS AREA.— 

21 (1) INCLUSION.—The wilderness area shall in22 clude the land designated for inclusion. 

23 (2) EXCLUSION.—The wilderness area shall not 

24 include the land designated for exclusion. 


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1 (b) CORRECTIONS TO LEGAL DESCRIPTIONS.—The 

2 Secretary may make corrections to the legal descriptions. 

3 SEC. 164. CONVEYANCE OF LAND DESIGNATED FOR EXCLU4 SION. 

5 (a) IN GENERAL.—Subject to subsection (b), to re6 solve the encroachment on the land designated for exclu7 sion, the Secretary may sell for consideration in an 

8 amount equal to fair market value— 

9 (1) the land designated for exclusion; and 

10 (2) as the Secretary determines to be necessary, 

11 not more than 10 acres of land adjacent to the land 

12 designated for exclusion. 

13 (b) CONDITIONS.—The sale of land under subsection 

14 (a) shall be subject to the conditions that— 

15 (1) the land to be conveyed be appraised in ac16 cordance with the Uniform Appraisal Standards for 

17 Federal Land Acquisitions; 

18 (2) the person buying the land shall pay— 

19 (A) the costs associated with appraising 

20 and, if the land needs to be resurveyed, resur21 veying the land; and 

22 (B) any analyses and closing costs associ23 ated with the conveyance; 


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1 (3) for management purposes, the Secretary 

2 may reconfigure the description of the land for sale; 

3 and 

4 (4) the owner of the adjacent private land shall 

5 have the first opportunity to buy the land. 

6 (c) DISPOSITION OF PROCEEDS.— 

7 (1) IN GENERAL.—The Secretary shall deposit 

8 the cash proceeds from a sale of land under sub9 section (a) in the fund established under Public Law 

10 90–171 (commonly known as the ‘‘Sisk Act’’) (16 

11 U.S.C. 484a). 

12 (2) AVAILABILITY AND USE.—Amounts depos13 ited under paragraph (1)— 

14 (A) shall remain available until expended 

15 for the acquisition of land for National Forest 

16 purposes in the State of Idaho; and 

17 (B) shall not be subject to transfer or re18 programming for— 

19 (i) wildland fire management; or 

20 (ii) any other emergency purposes. 

21 Subtitle H—Rocky Mountain 

22 National Park Wilderness 

23 SEC. 171. DEFINITIONS. 

24 In this subtitle: 


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1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Rocky Mountain National Park Wilderness 

3 Act of 2007’’ and dated September 2006. 

4 (2) PARK.—The term ‘‘Park’’ means Rocky 

5 Mountain National Park located in the State of Col6 orado. 

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

8 the Secretary of the Interior. 

9 (4) TRAIL.—The term ‘‘Trail’’ means the East 

10 Shore Trail established under section 174(a). 

11 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

12 means the wilderness designated by section 172(a). 

13 SEC. 172. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. 

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

15 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des16 ignated as wilderness and as a component of the National 

17 Wilderness Preservation System approximately 249,339 

18 acres of land in the Park, as generally depicted on the 

19 map. 

20 (b) MAP AND BOUNDARY DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall— 

24 (A) prepare a map and boundary descrip25 tion of the Wilderness; and 


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1 (B) submit the map and boundary descrip2 tion prepared under subparagraph (A) to the 

3 Committee on Energy and Natural Resources of 

4 the Senate and the Committee on Natural Re5 sources of the House of Representatives. 

6 (2) AVAILABILITY; FORCE OF LAW.—The map 

7 and boundary description submitted under para8 graph (1)(B) shall— 

9 (A) be on file and available for public in10 spection in appropriate offices of the National 

11 Park Service; and 

12 (B) have the same force and effect as if in13 cluded in this subtitle. 

14 (c) INCLUSION OF POTENTIAL WILDERNESS.— 

15 (1) IN GENERAL.—On publication in the Fed16 eral Register of a notice by the Secretary that all 

17 uses inconsistent with the Wilderness Act (16 U.S.C. 

18 1131 et seq.) have ceased on the land identified on 

19 the map as a ‘‘Potential Wilderness Area’’, the land 

20 shall be— 

21 (A) included in the Wilderness; and 

22 (B) administered in accordance with sub23 section (e). 

24 (2) BOUNDARY DESCRIPTION.—On inclusion in 

25 the Wilderness of the land referred to in paragraph 


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1 (1), the Secretary shall modify the map and bound2 ary description submitted under subsection (b) to re3 flect the inclusion of the land. 

4 (d) EXCLUSION OF CERTAIN LAND.—The following 

5 areas are specifically excluded from the Wilderness: 

6 (1) The Grand River Ditch (including the main 

7 canal of the Grand River Ditch and a branch of the 

8 main canal known as the Specimen Ditch), the 

9 right-of-way for the Grand River Ditch, land 200 

10 feet on each side of the center line of the Grand 

11 River Ditch, and any associated appurtenances, 

12 structures, buildings, camps, and work sites in exist13 ence as of June 1, 1998. 

14 (2) Land owned by the St. Vrain & Left Hand 

15 Water Conservancy District, including Copeland 

16 Reservoir and the Inlet Ditch to the Reservoir from 

17 North St. Vrain Creek, comprising approximately 

18 35.38 acres. 

19 (3) Land owned by the Wincenstsen-Harms 

20 Trust, comprising approximately 2.75 acres. 

21 (4) Land within the area depicted on the map 

22 as the ‘‘East Shore Trail Area’’. 

23 (e) ADMINISTRATION.—Subject to valid existing 

24 rights, any land designated as wilderness under this sec25 tion or added to the Wilderness after the date of enactVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ment of this Act under subsection (c) shall be adminis2 tered by the Secretary in accordance with this subtitle and 

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

4 that— 

5 (1) any reference in the Wilderness Act (16 

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

7 shall be considered to be a reference to the date of 

8 enactment of this Act, or the date on which the ad9 ditional land is added to the Wilderness, respec10 tively; and 

11 (2) any reference in the Wilderness Act (16 

12 U.S.C. 1131 et seq.) to the Secretary of Agriculture 

13 shall be considered to be a reference to the Sec14 retary. 

15 (f) WATER RIGHTS.— 

16 (1) FINDINGS.—Congress finds that— 

17 (A) the United States has existing rights 

18 to water within the Park; 

19 (B) the existing water rights are sufficient 

20 for the purposes of the Wilderness; and 

21 (C) based on the findings described in sub22 paragraphs (A) and (B), there is no need for 

23 the United States to reserve or appropriate any 

24 additional water rights to fulfill the purposes of 

25 the Wilderness. 


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1 (2) EFFECT.—Nothing in this subtitle— 

2 (A) constitutes an express or implied res3 ervation by the United States of water or water 

4 rights for any purpose; or 

5 (B) modifies or otherwise affects any exist6 ing water rights held by the United States for 

7 the Park. 

8 (g) FIRE, INSECT, AND DISEASE CONTROL.—The 

9 Secretary may take such measures in the Wilderness as 

10 are necessary to control fire, insects, and diseases, as are 

11 provided for in accordance with— 

12 (1) the laws applicable to the Park; and 

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

14 seq.). 

15 SEC. 173. GRAND RIVER DITCH AND COLORADO-BIG 

16 THOMPSON PROJECTS. 

17 (a) CONDITIONAL WAIVER OF STRICT LIABILITY.— 

18 During any period in which the Water Supply and Storage 

19 Company (or any successor in interest to the company 

20 with respect to the Grand River Ditch) operates and main21 tains the portion of the Grand River Ditch in the Park 

22 in compliance with an operations and maintenance agree23 ment between the Water Supply and Storage Company 

24 and the National Park Service, the provisions of para25 graph (6) of the stipulation approved June 28, 1907— 


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1 (1) shall be suspended; and 

2 (2) shall not be enforceable against the Com3 pany (or any successor in interest). 

4 (b) AGREEMENT.—The agreement referred to in sub5 section (a) shall— 

6 (1) ensure that— 

7 (A) Park resources are managed in accord8 ance with the laws generally applicable to the 

9 Park, including— 

10 (i) the Act of January 26, 1915 (16 

11 U.S.C. 191 et seq.); and 

12 (ii) the National Park Service Organic 

13 Act (16 U.S.C. 1 et seq.); 

14 (B) Park land outside the right-of-way cor15 ridor remains unimpaired consistent with the 

16 National Park Service management policies in 

17 effect as of the date of enactment of this Act; 

18 and 

19 (C) any use of Park land outside the right20 of-way corridor (as of the date of enactment of 

21 this Act) shall be permitted only on a tem22 porary basis, subject to such terms and condi23 tions as the Secretary determines to be nec24 essary; and 

25 (2) include stipulations with respect to— 


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1 (A) flow monitoring and early warning 

2 measures; 

3 (B) annual and periodic inspections; 

4 (C) an annual maintenance plan; 

5 (D) measures to identify on an annual 

6 basis capital improvement needs; and 

7 (E) the development of plans to address 

8 the needs identified under subparagraph (D). 

9 (c) LIMITATION.—Nothing in this section limits or 

10 otherwise affects— 

11 (1) the liability of any individual or entity for 

12 damages to, loss of, or injury to any resource within 

13 the Park resulting from any cause or event that oc14 curred before the date of enactment of this Act; or 

15 (2) Public Law 101–337 (16 U.S.C. 19jj et 

16 seq), including the defenses available under that Act 

17 for damage caused— 

18 (A) solely by— 

19 (i) an act of God; 

20 (ii) an act of war; or 

21 (iii) an act or omission of a third 

22 party (other than an employee or agent); 

23 or 

24 (B) by an activity authorized by Federal or 

25 State law. 


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1 (d) COLORADO-BIG THOMPSON PROJECT AND

2 WINDY GAP PROJECT.— 

3 (1) IN GENERAL.—Nothing in this subtitle, in4 cluding the designation of the Wilderness, prohibits 

5 or affects current and future operation and mainte6 nance activities in, under, or affecting the Wilder7 ness that were allowed as of the date of enactment 

8 of this Act under the Act of January 26, 1915 (16 

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

10 or other Colorado–Big Thompson Project facilities 

11 located within the Park. 

12 (2) ALVA B. ADAMS TUNNEL.—Nothing in this 

13 subtitle, including the designation of the Wilderness, 

14 prohibits or restricts the conveyance of water 

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

16 (e) RIGHT-OF-WAY.—Use of water transported by 

17 the Grand River Ditch for 1 or more purposes other than 

18 irrigation shall not terminate or adversely affect the right19 of-way of the Grand River Ditch if the Secretary deter20 mines that the change in purpose or use does not adversely 

21 affect the Park. 

22 (f) NEW RECLAMATION PROJECTS.—Nothing in the 

23 first section of the Act of January 26, 1915 (16 U.S.C. 

24 191), shall be construed to allow development in the WilVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 derness of any reclamation project not in existence as of 

2 the date of enactment of this Act. 

3 (g) CLARIFICATION OF MANAGEMENT AUTHORITY.— 

4 Nothing in this section reduces or limits the authority of 

5 the Secretary to manage land and resources within the 

6 Park under applicable law. 

7 SEC. 174. EAST SHORE TRAIL AREA. 

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

9 date of enactment of this Act, the Secretary shall establish 

10 within the East Shore Trail Area in the Park an align11 ment line for a trail, to be known as the ‘‘East Shore 

12 Trail’’, to maximize the opportunity for sustained use of 

13 the Trail without causing— 

14 (1) harm to affected resources; or 

15 (2) conflicts among users. 

16 (b) BOUNDARIES.— 

17 (1) IN GENERAL.—After establishing the align18 ment line for the Trail under subsection (a), the 

19 Secretary shall— 

20 (A) identify the boundaries of the Trail, 

21 which shall not extend more than 25 feet east 

22 of the alignment line or be located within the 

23 Wilderness; and 

24 (B) modify the map of the Wilderness pre25 pared under section 172(b)(1)(A) so that the 


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1 western boundary of the Wilderness is 50 feet 

2 east of the alignment line. 

3 (2) ADJUSTMENTS.—To the extent necessary to 

4 protect Park resources, the Secretary may adjust the 

5 boundaries of the Trail, if the adjustment does not 

6 place any portion of the Trail within the boundary 

7 of the Wilderness. 

8 (c) INCLUSION IN WILDERNESS.—On completion of 

9 the construction of the Trail, as authorized by the Sec10 retary— 

11 (1) any portion of the East Shore Trail Area 

12 that is not traversed by the Trail, that is not west 

13 of the Trail, and that is not within 50 feet of the 

14 centerline of the Trail shall be— 

15 (A) included in the Wilderness; and 

16 (B) managed as part of the Wilderness in 

17 accordance with section 172; and 

18 (2) the Secretary shall modify the map and 

19 boundary description of the Wilderness prepared 

20 under section 172(b)(1)(A) to reflect the inclusion of 

21 the East Shore Trail Area land in the Wilderness. 

22 (d) EFFECT.—Nothing in this section— 

23 (1) requires the construction of the Trail along 

24 the alignment line established under subsection (a); 

25 or 


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1 (2) limits the extent to which any otherwise ap2 plicable law or policy applies to any decision with re3 spect to the construction of the Trail. 

4 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

5 (1) IN GENERAL.—Except as provided in this 

6 subsection, nothing in this subtitle affects the man7 agement or use of any land not included within the 

8 boundaries of the Wilderness or the potential wilder9 ness land. 

10 (2) MOTORIZED VEHICLES AND MACHINERY.— 

11 No use of motorized vehicles or other motorized ma12 chinery that was not permitted on March 1, 2006, 

13 shall be allowed in the East Shore Trail Area except 

14 as the Secretary determines to be necessary for use 

15 in— 

16 (A) constructing the Trail, if the construc17 tion is authorized by the Secretary; or 

18 (B) maintaining the Trail. 

19 (3) MANAGEMENT OF LAND BEFORE INCLU20 SION.—Until the Secretary authorizes the construc21 tion of the Trail and the use of the Trail for non22 motorized bicycles, the East Shore Trail Area shall 

23 be managed— 

24 (A) to protect any wilderness characteris25 tics of the East Shore Trail Area; and 


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1 (B) to maintain the suitability of the East 

2 Shore Trail Area for inclusion in the Wilder3 ness. 

4 SEC. 175. NATIONAL FOREST AREA BOUNDARY ADJUST5 MENTS. 

6 (a) INDIAN PEAKS WILDERNESS BOUNDARY AD7 JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 

8 Area, the Arapaho National Recreation Area and the Or9 egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 

10 Public Law 95–450) is amended— 

11 (1) by striking ‘‘seventy thousand acres’’ and 

12 inserting ‘‘74,195 acres’’; and 

13 (2) by striking ‘‘, dated July 1978’’ and insert14 ing ‘‘and dated May 2007’’. 

15 (b) ARAPAHO NATIONAL RECREATION AREA BOUND16 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 

17 Wilderness Area, the Arapaho National Recreation Area 

18 and the Oregon Islands Wilderness Area Act (16 U.S.C. 

19 460jj(a)) is amended— 

20 (1) by striking ‘‘thirty-six thousand two hun21 dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 

22 and 

23 (2) by striking ‘‘, dated July 1978’’ and insert24 ing ‘‘and dated May 2007’’. 


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1 SEC. 176. AUTHORITY TO LEASE LEIFFER TRACT. 

2 (a) IN GENERAL.—Section 3(k) of Public Law 91– 

3 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 

4 described in subsection (b). 

5 (b) DESCRIPTION OF THE LAND.—The parcel of land 

6 referred to in subsection (a) is the parcel of land known 

7 as the ‘‘Leiffer tract’’ that is— 

8 (1) located near the eastern boundary of the 

9 Park in Larimer County, Colorado; and 

10 (2) administered by the National Park Service. 

11 TITLE II—BUREAU OF LAND 

12 MANAGEMENT AUTHORIZA13 TIONS 

14 Subtitle A—National Landscape 

15 Conservation System 

16 SEC. 201. DEFINITIONS. 

17 In this subtitle: 

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

19 the Secretary of the Interior. 

20 (2) SYSTEM.—The term ‘‘system’’ means the 

21 National Landscape Conservation System estab22 lished by section 202(a). 

23 SEC. 202. ESTABLISHMENT OF THE NATIONAL LANDSCAPE 

24 CONSERVATION SYSTEM. 

25 (a) ESTABLISHMENT.—In order to conserve, protect, 

26 and restore nationally significant landscapes that have 


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1 outstanding cultural, ecological, and scientific values for 

2 the benefit of current and future generations, there is es3 tablished in the Bureau of Land Management the Na4 tional Landscape Conservation System. 

5 (b) COMPONENTS.—The system shall include each of 

6 the following areas administered by the Bureau of Land 

7 Management: 

8 (1) Each area that is designated as— 

9 (A) a national monument; 

10 (B) a national conservation area; 

11 (C) a wilderness study area; 

12 (D) a national scenic trail or national his13 toric trail designated as a component of the Na14 tional Trails System; 

15 (E) a component of the National Wild and 

16 Scenic Rivers System; or 

17 (F) a component of the National Wilder18 ness Preservation System. 

19 (2) Any area designated by Congress to be ad20 ministered for conservation purposes, including— 

21 (A) the Steens Mountain Cooperative Man22 agement and Protection Area; 

23 (B) the Headwaters Forest Reserve; 

24 (C) the Yaquina Head Outstanding Nat25 ural Area; and 


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1 (D) any additional area designated by Con2 gress for inclusion in the system. 

3 (c) MANAGEMENT.—The Secretary shall manage the 

4 system— 

5 (1) in accordance with any applicable law (in6 cluding regulations) relating to any component of 

7 the system included under subsection (b); and 

8 (2) in a manner that protects the values for 

9 which the components of the system were des10 ignated. 

11 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subtitle. 

14 Subtitle B—Prehistoric Trackways 

15 National Monument 

16 SEC. 211. FINDINGS. 

17 Congress finds that— 

18 (1) in 1987, a major deposit of Paleozoic Era 

19 fossilized footprint megatrackways was discovered in 

20 the Robledo Mountains in southern New Mexico; 

21 (2) the trackways contain footprints of numer22 ous amphibians, reptiles, and insects (including pre23 viously unknown species), plants, and petrified wood 

24 dating back approximately 280,000,000 years, which 

25 collectively provide new opportunities to understand 


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1 animal behaviors and environments from a time pre2 dating the dinosaurs; 

3 (3) title III of Public Law 101–578 (104 Stat. 

4 2860)— 

5 (A) provided interim protection for the site 

6 at which the trackways were discovered; and 

7 (B) directed the Secretary of the Interior 

8 to— 

9 (i) prepare a study assessing the sig10 nificance of the site; and 

11 (ii) based on the study, provide rec12 ommendations for protection of the paleon13 tological resources at the site; 

14 (4) the Bureau of Land Management completed 

15 the Paleozoic Trackways Scientific Study Report in 

16 1994, which characterized the site as containing 

17 ‘‘the most scientifically significant Early Permian 

18 tracksites’’ in the world; 

19 (5) despite the conclusion of the study and the 

20 recommendations for protection, the site remains un21 protected and many irreplaceable trackways speci22 mens have been lost to vandalism or theft; and 

23 (6) designation of the trackways site as a Na24 tional Monument would protect the unique fossil re25 sources for present and future generations while alVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 lowing for public education and continued scientific 

2 research opportunities. 

3 SEC. 212. DEFINITIONS. 

4 In this subtitle: 

5 (1) MONUMENT.—The term ‘‘Monument’’ 

6 means the Prehistoric Trackways National Monu7 ment established by section 213(a). 

8 (2) PUBLIC LAND.—The term ‘‘public land’’ 

9 has the meaning given the term ‘‘public lands’’ in 

10 section 103 of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1702). 

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

13 the Secretary of the Interior. 

14 SEC. 213. ESTABLISHMENT. 

15 (a) IN GENERAL.—In order to conserve, protect, and 

16 enhance the unique and nationally important paleontolog17 ical, scientific, educational, scenic, and recreational re18 sources and values of the public land described in sub19 section (b), there is established the Prehistoric Trackways 

20 National Monument in the State of New Mexico. 

21 (b) DESCRIPTION OF LAND.—The Monument shall 

22 consist of approximately 5,280 acres of public land in 

23 Don ̃a Ana County, New Mexico, as generally depicted on 

24 the map entitled ‘‘Prehistoric Trackways National Monu25 ment’’ and dated January 25, 2007. 


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1 (c) MAP; LEGAL DESCRIPTION.— 

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

3 the date of enactment of this Act, the Secretary 

4 shall prepare and submit to Congress an official map 

5 and legal description of the Monument. 

6 (2) CORRECTIONS.—The map and legal descrip7 tion submitted under paragraph (1) shall have the 

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

9 except that the Secretary may correct any clerical or 

10 typographical errors in the legal description and the 

11 map. 

12 (3) CONFLICT BETWEEN MAP AND LEGAL DE13 SCRIPTION.—In the case of a conflict between the 

14 map and the legal description, the map shall control. 

15 (4) AVAILABILITY OF MAP AND LEGAL DE16 SCRIPTION.—Copies of the map and legal description 

17 shall be on file and available for public inspection in 

18 the appropriate offices of the Bureau of Land Man19 agement. 

20 (d) MINOR BOUNDARY ADJUSTMENTS.—If additional 

21 paleontological resources are discovered on public land ad22 jacent to the Monument after the date of enactment of 

23 this Act, the Secretary may make minor boundary adjust24 ments to the Monument to include the resources in the 

25 Monument. 


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1 SEC. 214. ADMINISTRATION. 

2 (a) MANAGEMENT.— 

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

4 the Monument— 

5 (A) in a manner that conserves, protects, 

6 and enhances the resources and values of the 

7 Monument, including the resources and values 

8 described in section 213(a); and 

9 (B) in accordance with— 

10 (i) this subtitle; 

11 (ii) the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et 

13 seq.); and 

14 (iii) other applicable laws. 

15 (2) NATIONAL LANDSCAPE CONSERVATION SYS16 TEM.—The Monument shall be managed as a com17 ponent of the National Landscape Conservation Sys18 tem. 

19 (b) MANAGEMENT PLAN.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the Secretary 

22 shall develop a comprehensive management plan for 

23 the long-term protection and management of the 

24 Monument. 

25 (2) COMPONENTS.—The management plan 

26 under paragraph (1)— 


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1 (A) shall— 

2 (i) describe the appropriate uses and 

3 management of the Monument, consistent 

4 with the provisions of this subtitle; and 

5 (ii) allow for continued scientific re6 search at the Monument during the devel7 opment of the management plan; and 

8 (B) may— 

9 (i) incorporate any appropriate deci10 sions contained in any current manage11 ment or activity plan for the land described 

12 in section 213(b); and 

13 (ii) use information developed in stud14 ies of any land within or adjacent to the 

15 Monument that were conducted before the 

16 date of enactment of this Act. 

17 (c) AUTHORIZED USES.—The Secretary shall only 

18 allow uses of the Monument that the Secretary determines 

19 would further the purposes for which the Monument has 

20 been established. 

21 (d) INTERPRETATION, EDUCATION, AND SCIENTIFIC

22 RESEARCH.— 

23 (1) IN GENERAL.—The Secretary shall provide 

24 for public interpretation of, and education and sci25 entific research on, the paleontological resources of 


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1 the Monument, with priority given to exhibiting and 

2 curating the resources in Don ̃a Ana County, New 

3 Mexico. 

4 (2) COOPERATIVE AGREEMENTS.—The Sec5 retary may enter into cooperative agreements with 

6 appropriate public entities to carry out paragraph 

7 (1). 

8 (e) SPECIAL MANAGEMENT AREAS.— 

9 (1) IN GENERAL.—The establishment of the 

10 Monument shall not change the management status 

11 of any area within the boundary of the Monument 

12 that is— 

13 (A) designated as a wilderness study area 

14 and managed in accordance with section 603(c) 

15 of the Federal Land Policy and Management 

16 Act of 1976 (43 U.S.C. 1782(c)); or 

17 (B) managed as an area of critical environ18 ment concern. 

19 (2) CONFLICT OF LAWS.—If there is a conflict 

20 between the laws applicable to the areas described in 

21 paragraph (1) and this subtitle, the more restrictive 

22 provision shall control. 

23 (f) MOTORIZED VEHICLES.— 

24 (1) IN GENERAL.—Except as needed for admin25 istrative purposes or to respond to an emergency, 


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1 the use of motorized vehicles in the Monument shall 

2 be allowed only on roads and trails designated for 

3 use by motorized vehicles under the management 

4 plan prepared under subsection (b). 

5 (2) PERMITTED EVENTS.—The Secretary may 

6 issue permits for special recreation events involving 

7 motorized vehicles within the boundaries of the 

8 Monument, including the ‘‘Chile Challenge’’— 

9 (A) to the extent the events do not harm 

10 paleontological resources; and 

11 (B) subject to any terms and conditions 

12 that the Secretary determines to be necessary. 

13 (g) WITHDRAWALS.—Subject to valid existing rights, 

14 any Federal land within the Monument and any land or 

15 interest in land that is acquired by the United States for 

16 inclusion in the Monument after the date of enactment 

17 of this Act are withdrawn from— 

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

19 public land laws; 

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

21 laws; and 

22 (3) operation of the mineral leasing laws, geo23 thermal leasing laws, and minerals materials laws. 

24 (h) GRAZING.—The Secretary may allow grazing to 

25 continue in any area of the Monument in which grazing 


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1 is allowed before the date of enactment of this Act, subject 

2 to applicable laws (including regulations). 

3 (i) WATER RIGHTS.—Nothing in this subtitle con4 stitutes an express or implied reservation by the United 

5 States of any water or water rights with respect to the 

6 Monument. 

7 SEC. 215. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this subtitle. 

10 Subtitle C—Fort Stanton-Snowy 

11 River Cave National Conserva12 tion Area 

13 SEC. 221. DEFINITIONS. 

14 In this subtitle: 

15 (1) CONSERVATION AREA.—The term ‘‘Con16 servation Area’’ means the Fort Stanton-Snowy 

17 River Cave National Conservation Area established 

18 by section 222(a). 

19 (2) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan developed 

21 for the Conservation Area under section 223(c). 

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

23 the Secretary of the Interior, acting through the Di24 rector of the Bureau of Land Management. 


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1 SEC. 222. ESTABLISHMENT OF THE FORT STANTON-SNOWY 

2 RIVER CAVE NATIONAL CONSERVATION 

3 AREA. 

4 (a) ESTABLISHMENT; PURPOSES.—There is estab5 lished the Fort Stanton-Snowy River Cave National Con6 servation Area in Lincoln County, New Mexico, to protect, 

7 conserve, and enhance the unique and nationally impor8 tant historic, cultural, scientific, archaeological, natural, 

9 and educational subterranean cave resources of the Fort 

10 Stanton-Snowy River cave system. 

11 (b) AREA INCLUDED.—The Conservation Area shall 

12 include the area within the boundaries depicted on the 

13 map entitled ‘‘Fort Stanton-Snowy River Cave National 

14 Conservation Area’’ and dated January 25, 2007. 

15 (c) MAP AND LEGAL DESCRIPTION.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall submit to Congress a map and legal description 

19 of the Conservation Area. 

20 (2) EFFECT.—The map and legal description of 

21 the Conservation Area shall have the same force and 

22 effect as if included in this subtitle, except that the 

23 Secretary may correct any minor errors in the map 

24 and legal description. 

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

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1 able for public inspection in the appropriate offices 

2 of the Bureau of Land Management. 

3 SEC. 223. MANAGEMENT OF THE CONSERVATION AREA. 

4 (a) MANAGEMENT.— 

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

6 the Conservation Area— 

7 (A) in a manner that conserves, protects, 

8 and enhances the resources and values of the 

9 Conservation Area, including the resources and 

10 values described in section 222(a); and 

11 (B) in accordance with— 

12 (i) this subtitle; 

13 (ii) the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et 

15 seq.); and 

16 (iii) any other applicable laws. 

17 (2) USES.—The Secretary shall only allow uses 

18 of the Conservation Area that are consistent with 

19 the protection of the cave resources. 

20 (3) REQUIREMENTS.—In administering the 

21 Conservation Area, the Secretary shall provide for— 

22 (A) the conservation and protection of the 

23 natural and unique features and environs for 

24 scientific, educational, and other appropriate 

25 public uses of the Conservation Area; 


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1 (B) public access, as appropriate, while 

2 providing for the protection of the cave re3 sources and for public safety; 

4 (C) the continuation of other existing uses 

5 or other new uses of the Conservation Area that 

6 do not impair the purposes for which the Con7 servation Area is established; 

8 (D) management of the surface area of the 

9 Conservation Area in accordance with the Fort 

10 Stanton Area of Critical Environmental Con11 cern Final Activity Plan dated March, 2001, or 

12 any amendments to the plan, consistent with 

13 this subtitle; and 

14 (E) scientific investigation and research 

15 opportunities within the Conservation Area, in16 cluding through partnerships with colleges, uni17 versities, schools, scientific institutions, re18 searchers, and scientists to conduct research 

19 and provide educational and interpretive serv20 ices within the Conservation Area. 

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

22 all Federal surface and subsurface land within the Con23 servation Area and all land and interests in the land that 

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1 ment of this Act for inclusion in the Conservation Area, 

2 are withdrawn from— 

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

4 under the general land laws; 

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

6 laws; and 

7 (3) operation under the mineral leasing and 

8 geothermal leasing laws. 

9 (c) MANAGEMENT PLAN.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall develop a comprehensive plan for the long-term 

13 management of the Conservation Area. 

14 (2) PURPOSES.—The management plan shall— 

15 (A) describe the appropriate uses and 

16 management of the Conservation Area; 

17 (B) incorporate, as appropriate, decisions 

18 contained in any other management or activity 

19 plan for the land within or adjacent to the Con20 servation Area; 

21 (C) take into consideration any informa22 tion developed in studies of the land and re23 sources within or adjacent to the Conservation 

24 Area; and 


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1 (D) provide for a cooperative agreement 

2 with Lincoln County, New Mexico, to address 

3 the historical involvement of the local commu4 nity in the interpretation and protection of the 

5 resources of the Conservation Area. 

6 (d) ACTIVITIES OUTSIDE CONSERVATION AREA.— 

7 The establishment of the Conservation Area shall not— 

8 (1) create a protective perimeter or buffer zone 

9 around the Conservation Area; or 

10 (2) preclude uses or activities outside the Con11 servation Area that are permitted under other appli12 cable laws, even if the uses or activities are prohib13 ited within the Conservation Area. 

14 (e) RESEARCH AND INTERPRETIVE FACILITIES.— 

15 (1) IN GENERAL.—The Secretary may establish 

16 facilities for— 

17 (A) the conduct of scientific research; and 

18 (B) the interpretation of the historical, cul19 tural, scientific, archaeological, natural, and 

20 educational resources of the Conservation Area. 

21 (2) COOPERATIVE AGREEMENTS.—The Sec22 retary may, in a manner consistent with this sub23 title, enter into cooperative agreements with the 

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1 ganizations to carry out the purposes of this sub2 title. 

3 (f) WATER RIGHTS.—Nothing in this subtitle con4 stitutes an express or implied reservation of any water 

5 right. 

6 SEC. 224. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

8 as are necessary to carry out this subtitle. 

9 Subtitle D—Snake River Birds of 

10 Prey National Conservation Area 

11 SEC. 231. SNAKE RIVER BIRDS OF PREY NATIONAL CON12 SERVATION AREA. 

13 (a) RENAMING.—Public Law 103–64 is amended— 

14 (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by 

15 inserting ‘‘Morley Nelson’’ before ‘‘Snake River 

16 Birds of Prey National Conservation Area’’; and 

17 (2) in section 3(a)(1) (16 U.S.C. 460iii– 

18 2(a)(1)), by inserting ‘‘Morley Nelson’’ before 

19 ‘‘Snake River Birds of Prey National Conservation 

20 Area’’. 

21 (b) REFERENCES.—Any reference in a law, map, reg22 ulation, document, paper, or other record of the United 

23 States to the Snake River Birds of Prey National Con24 servation Area shall be deemed to be a reference to the 


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1 Morley Nelson Snake River Birds of Prey National Con2 servation Area. 

3 (c) TECHNICAL CORRECTIONS.—Public Law 103–64 

4 is further amended— 

5 (1) in section 3(a)(1) (16 U.S.C. 460iii– 

6 2(a)(1)), by striking ‘‘(hereafter referred to as the 

7 ‘conservation area’)’’; and 

8 (2) in section 4 (16 U.S.C. 460iii–3)— 

9 (A) in subsection (a)(2), by striking ‘‘Con10 servation Area’’ and inserting ‘‘conservation 

11 area’’; and 

12 (B) in subsection (d), by striking ‘‘Visitors 

13 Center’’ and inserting ‘‘visitors center’’. 

14 Subtitle E—Rio Puerco Watershed 

15 Management Program 

16 SEC. 241. RIO PUERCO WATERSHED MANAGEMENT PRO17 GRAM. 

18 (a) RIO PUERCO MANAGEMENT COMMITTEE.—Sec19 tion 401(b) of the Omnibus Parks and Public Lands Man20 agement Act of 1996 (Public Law 104–333; 110 Stat. 

21 4147) is amended— 

22 (1) in paragraph (2)— 

23 (A) by redesignating subparagraphs (I) 

24 through (N) as subparagraphs (J) through (O), 

25 respectively; and 


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1 (B) by inserting after subparagraph (H) 

2 the following: 

3 ‘‘(I) the Environmental Protection Agen4 cy;’’; and 

5 (2) in paragraph (4), by striking ‘‘enactment of 

6 this Act’’ and inserting ‘‘enactment of the Omnibus 

7 Public Lands Management Act of 2008’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 401(e) of the Omnibus Parks and Public Lands Manage10 ment Act of 1996 (Public Law 104–333; 110 Stat. 4148) 

11 is amended by striking ‘‘enactment of this Act’’ and in12 serting ‘‘enactment of the Omnibus Public Lands Manage13 ment Act of 2008’’. 

14 Subtitle F—Land Conveyances and 

15 Exchanges 

16 SEC. 251. PIMA COUNTY, ARIZONA, LAND EXCHANGE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) CONSERVATION AREA.—The term ‘‘Con19 servation Area’’ means the Las Cienegas National 

20 Conservation Area. 

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

22 County, Arizona. 

23 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

24 means the parcel of land consisting of approximately 

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1 tled ‘‘Las Cienegas Enhancement Act—Federal 

2 Land’’ and dated April 17, 2007. 

3 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means— 

5 (A) the Empirita-Simonson parcel of land 

6 consisting of approximately 2,568 acres, as gen7 erally depicted on the map entitled ‘‘Las 

8 Cienegas Enhancement Act—Non-Federal 

9 Land’’ and dated April 17, 2007; and 

10 (B) the Bloom parcel of land consisting of 

11 approximately 160 acres, as generally depicted 

12 on the map entitled ‘‘Saguaro National Park, 

13 Bloom Tract’’ and dated April 17, 2007. 

14 (5) PARK.—The term ‘‘Park’’ means Saguaro 

15 National Park. 

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

17 the Secretary of the Interior. 

18 (7) WELL SITE.—The term ‘‘well site’’ means a 

19 well site that consists of approximately 98 acres of 

20 land, as generally depicted on the map entitled ‘‘Las 

21 Cienegas Enhancement Act—Non-Federal Land’’ 

22 and dated April 17, 2007. 

23 (b) LAND EXCHANGE.— 

24 (1) IN GENERAL.—If the owner of the non-Fed25 eral land offers to convey to the Secretary title to 


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1 the non-Federal land that is acceptable to the Sec2 retary, the Secretary shall— 

3 (A) accept the offer; and 

4 (B) simultaneously convey to the owner of 

5 the non-Federal land all right, title, and inter6 est of the United States in and to the Federal 

7 land. 

8 (2) VALUATION, APPRAISALS, AND EQUALI9 ZATION.— 

10 (A) IN GENERAL.—The value of the Fed11 eral land and the non-Federal land— 

12 (i) shall be equal, as determined by 

13 appraisals conducted in accordance with 

14 subparagraph (B); or 

15 (ii) if not equal, shall be equalized in 

16 accordance with subparagraph (C). 

17 (B) APPRAISALS.— 

18 (i) IN GENERAL.—The Federal land 

19 and the non-Federal land shall be ap20 praised by an independent, qualified ap21 praiser that is agreed to by the Secretary 

22 and the owner of the non-Federal land. 

23 (ii) REQUIREMENTS.—An appraisal 

24 under clause (i) shall— 


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1 (I) be conducted in accordance 

2 with— 

3 (aa) the Uniform Appraisal 

4 Standards for Federal Land Ac5 quisition; and 

6 (bb) the Uniform Standards 

7 of Professional Appraisal Prac8 tice; and 

9 (II) not later than 180 days after 

10 the date of enactment of this Act, be 

11 submitted to the Secretary and the 

12 owner of the non-Federal land for ap13 proval. 

14 (C) EQUALIZATION.— 

15 (i) IN GENERAL.—If the value of the 

16 Federal land and the non-Federal land is 

17 not equal, the value may be equalized by— 

18 (I) the Secretary making a cash 

19 equalization payment to the owner of 

20 the non-Federal land; 

21 (II) the owner of the non-Federal 

22 land making a cash equalization pay23 ment to the Secretary; or 


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1 (III) reducing the acreage of the 

2 Federal land or the non-Federal land 

3 to be exchanged, as appropriate. 

4 (ii) CASH EQUALIZATION PAY5 MENTS.— 

6 (I) DISPOSITION.—Any cash 

7 equalization payments received by the 

8 Secretary under clause (i)(II) shall be 

9 deposited in the Federal Land Dis10 posal Account established by section 

11 206(a) of the Federal Land Trans12 action Facilitation Act (43 U.S.C. 

13 2305(a)). 

14 (II) USE.—Amounts deposited 

15 under subclause (I) shall be available 

16 to the Secretary, without further ap17 propriation and until expended, for 

18 the acquisition of land and interests 

19 in land in southern Arizona. 

20 (3) CONDITIONS OF CONVEYANCE.— 

21 (A) IN GENERAL.—As a condition of the 

22 conveyance of the Federal land, the owner of 

23 the non-Federal land shall— 

24 (i) pay the costs of carrying out the 

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1 Federal land under this subsection, includ2 ing any direct costs relating to any envi3 ronmental reviews and any required miti4 gation of the Federal land; 

5 (ii) enter into an agreement with the 

6 County to convey to the County the well 

7 site; and 

8 (iii) relinquish to the County any 

9 water rights to the well site held by the 

10 owner of the non-Federal land. 

11 (B) VALID EXISTING RIGHTS.—The ex12 change of Federal land and non-Federal land 

13 shall be subject to any easements, rights-of14 way, and other valid encumbrances in existence 

15 on the date of enactment of this Act. 

16 (4) LEGAL DESCRIPTIONS.—The Secretary and 

17 the owner of the non-Federal land may mutually 

18 agree to— 

19 (A) correct minor errors in the legal de20 scriptions of the Federal land and the non-Fed21 eral land; or 

22 (B) make minor adjustments to the bound23 aries of the Federal land and the non-Federal 

24 land. 


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1 (5) DEADLINE FOR COMPLETION OF EX2 CHANGE.—It is the intent of Congress that the land 

3 exchange under this subsection shall be completed 

4 not later than 1 year after the date of enactment of 

5 this Act. 

6 (c) ADMINISTRATION.— 

7 (1) ADMINISTRATION OF LAND ACQUIRED BY

8 THE UNITED STATES.— 

9 (A) EMPIRITA-SIMONSON PARCEL.—On ac10 quisition by the Secretary, the parcel of non11 Federal land described in subsection (a)(4)(A) 

12 shall— 

13 (i) become part of the Conservation 

14 Area; and 

15 (ii) be administered by the Secretary 

16 in accordance with Public Law 106–538 

17 (16 U.S.C. 460ooo et seq.). 

18 (B) BLOOM PARCEL.—On acquisition by 

19 the Secretary, the parcel of non-Federal land 

20 described in subsection (a)(4)(B) shall— 

21 (i) become part of the Park; and 

22 (ii) be administered by the Secretary 

23 in accordance with the Saguaro National 

24 Park Establishment Act of 1994 (16 

25 U.S.C. 410zz et seq.). 


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1 (2) NATIONAL CONSERVATION AREA BOUNDARY

2 ADJUSTMENT.—The boundary of the Conservation 

3 Area is modified to exclude the 40-acre tract of Bu4 reau of Land Management that is leased to the town 

5 of Elgin, Arizona, for a sanitary landfill. 

6 (3) ROAD ACCESS.—Not later than 18 months 

7 after the date on which the non-Federal land is ac8 quired by the Secretary, the Secretary shall, in ac9 cordance with section 507 of the Federal Land Pol10 icy and Management Act of 1976 (43 U.S.C. 1767), 

11 provide to the Secretary of Agriculture a right-of12 way through the non-Federal land for motorized 

13 public road access to the boundary of the Coronado 

14 National Forest. 

15 SEC. 252. SOUTHERN NEVADA LIMITED TRANSITION AREA 

16 CONVEYANCE. 

17 (a) DEFINITIONS.—In this section: 

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

19 Henderson, Nevada. 

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

21 the Secretary of the Interior. 

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

23 of Nevada. 

24 (4) TRANSITION AREA.—The term ‘‘Transition 

25 Area’’ means the approximately 502 acres of FedVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 eral land located in Henderson, Nevada, and identi2 fied as ‘‘Limited Transition Area’’ on the map enti3 tled ‘‘Southern Nevada Limited Transition Area 

4 Act’’ and dated March 20, 2006. 

5 (b) SOUTHERN NEVADA LIMITED TRANSITION

6 AREA.— 

7 (1) CONVEYANCE.—Notwithstanding the Fed8 eral Land Policy and Management Act of 1976 (43 

9 U.S.C. 1701 et seq.), on request of the City, the 

10 Secretary shall, without consideration and subject to 

11 all valid existing rights, convey to the City all right, 

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

13 Transition Area. 

14 (2) USE OF LAND FOR NONRESIDENTIAL DE15 VELOPMENT.— 

16 (A) IN GENERAL.—After the conveyance to 

17 the City under paragraph (1), the City may sell, 

18 lease, or otherwise convey any portion or por19 tions of the Transition Area for purposes of 

20 nonresidential development. 

21 (B) METHOD OF SALE.— 

22 (i) IN GENERAL.—The sale, lease, or 

23 conveyance of land under subparagraph 

24 (A) shall be through a competitive bidding 

25 process. 


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1 (ii) FAIR MARKET VALUE.—Any land 

2 sold, leased, or otherwise conveyed under 

3 subparagraph (A) shall be for not less than 

4 fair market value. 

5 (C) COMPLIANCE WITH CHARTER.—Except 

6 as provided in subparagraphs (B) and (D), the 

7 City may sell, lease, or otherwise convey parcels 

8 within the Transition Area only in accordance 

9 with the procedures for conveyances established 

10 in the City Charter. 

11 (D) DISPOSITION OF PROCEEDS.—The 

12 gross proceeds from the sale of land under sub13 paragraph (A) shall be distributed in accord14 ance with section 4(e) of the Southern Nevada 

15 Public Land Management Act of 1998 (112 

16 Stat. 2345). 

17 (3) USE OF LAND FOR RECREATION OR OTHER

18 PUBLIC PURPOSES.—The City may elect to retain 

19 parcels in the Transition Area for public recreation 

20 or other public purposes consistent with the Act of 

21 June 14, 1926 (commonly known as the ‘‘Recreation 

22 and Public Purposes Act’’) (43 U.S.C. 869 et seq.) 

23 by providing to the Secretary written notice of the 

24 election. 


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1 (4) NOISE COMPATIBILITY REQUIREMENTS.— 

2 The City shall— 

3 (A) plan and manage the Transition Area 

4 in accordance with section 47504 of title 49, 

5 United States Code (relating to airport noise 

6 compatibility planning), and regulations pro7 mulgated in accordance with that section; and 

8 (B) agree that if any land in the Transi9 tion Area is sold, leased, or otherwise conveyed 

10 by the City, the sale, lease, or conveyance shall 

11 contain a limitation to require uses compatible 

12 with that airport noise compatibility planning. 

13 (5) REVERSION.— 

14 (A) IN GENERAL.—If any parcel of land in 

15 the Transition Area is not conveyed for nonresi16 dential development under this section or re17 served for recreation or other public purposes 

18 under paragraph (3) by the date that 20 years 

19 after the date of enactment of this Act, the par20 cel of land shall, at the discretion of the Sec21 retary, revert to the United States. 

22 (B) INCONSISTENT USE.—If the City uses 

23 any parcel of land within the Transition Area 

24 in a manner that is inconsistent with the uses 

25 specified in this subsection— 


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1 (i) at the discretion of the Secretary, 

2 the parcel shall revert to the United 

3 States; or 

4 (ii) if the Secretary does not make an 

5 election under clause (i), the City shall sell 

6 the parcel of land in accordance with this 

7 subsection. 

8 SEC. 253. NEVADA CANCER INSTITUTE LAND CONVEYANCE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta11 Hualapai Site’’ means the approximately 80 acres of 

12 land that is— 

13 (A) patented to the City under the Act of 

14 June 14, 1926 (commonly known as the 

15 ‘‘Recreation and Public Purposes Act’’) (43 

16 U.S.C. 869 et seq.); and 

17 (B) identified on the map as the ‘‘Alta18 Hualapai Site’’. 

19 (2) CITY.—The term ‘‘City’’ means the city of 

20 Las Vegas, Nevada. 

21 (3) INSTITUTE.—The term ‘‘Institute’’ means 

22 the Nevada Cancer Institute, a nonprofit organiza23 tion described under section 501(c)(3) of the Inter24 nal Revenue Code of 1986, the principal place of 


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1 business of which is at 10441 West Twain Avenue, 

2 Las Vegas, Nevada. 

3 (4) MAP.—The term ‘‘map’’ means the map ti4 tled ‘‘Nevada Cancer Institute Expansion Act’’ and 

5 dated July 17, 2006. 

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

7 the Secretary of the Interior, acting through the Di8 rector of the Bureau of Land Management. 

9 (6) WATER DISTRICT.—The term ‘‘Water Dis10 trict’’ means the Las Vegas Valley Water District. 

11 (b) LAND CONVEYANCE.— 

12 (1) SURVEY AND LEGAL DESCRIPTION.—The 

13 City shall prepare a survey and legal description of 

14 the Alta-Hualapai Site. The survey shall conform to 

15 the Bureau of Land Management cadastral survey 

16 standards and be subject to approval by the Sec17 retary. 

18 (2) ACCEPTANCE.—The Secretary may accept 

19 the relinquishment by the City of all or part of the 

20 Alta-Hualapai Site. 

21 (3) CONVEYANCE FOR USE AS NONPROFIT CAN22 CER INSTITUTE.—After relinquishment of all or part 

23 of the Alta-Hualapai Site to the Secretary, and not 

24 later than 180 days after request of the Institute, 

25 the Secretary shall convey to the Institute, subject 


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1 to valid existing rights, the portion of the Alta2 Hualapai Site that is necessary for the development 

3 of a nonprofit cancer institute. 

4 (4) ADDITIONAL CONVEYANCES.—Not later 

5 than 180 days after a request from the City, the 

6 Secretary shall convey to the City, subject to valid 

7 existing rights, any remaining portion of the Alta8 Hualapai Site necessary for ancillary medical or 

9 nonprofit use compatible with the mission of the In10 stitute. 

11 (5) APPLICABLE LAW.—Any conveyance by the 

12 City of any portion of the land received under this 

13 section shall be for no less than fair market value 

14 and the proceeds shall be distributed in accordance 

15 with section 4(e)(1) of Public Law 105–263 (112 

16 Stat. 2345). 

17 (6) TRANSACTION COSTS.—All land conveyed by 

18 the Secretary under this section shall be at no cost, 

19 except that the Secretary may require the recipient 

20 to bear any costs associated with transfer of title or 

21 any necessary land surveys. 

22 (7) REPORT.—Not later than 180 days after 

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

24 shall submit to the Committee on Natural Resources 

25 of the House of Representatives and the Committee 


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1 on Energy and Natural Resources of the Senate a 

2 report on all transactions conducted under Public 

3 Law 105–263 (112 Stat. 2345). 

4 (c) RIGHTS-OF-WAY.—Consistent with the Federal 

5 Land Policy and Management Act of 1976 (43 U.S.C. 

6 1701), the Secretary may grant rights-of-way to the Water 

7 District on a portion of the Alta-Hualapai Site for a flood 

8 control project and a water pumping facility. 

9 (d) REVERSION.—Any property conveyed pursuant to 

10 this section which ceases to be used for the purposes speci11 fied in this section shall, at the discretion of the Secretary, 

12 revert to the United States, along with any improvements 

13 thereon or thereto. 

14 SEC. 254. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

15 (a) DEFINITIONS.—In this section: 

16 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

17 means the approximately 25 acres of Bureau of 

18 Land Management land identified on the map as 

19 ‘‘Lands to be conveyed to Turnabout Ranch’’. 

20 (2) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Turnabout Ranch Conveyance’’ dated May 

22 12, 2006, and on file in the office of the Director 

23 of the Bureau of Land Management. 


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1 (3) MONUMENT.—The term ‘‘Monument’’ 

2 means the Grand Staircase-Escalante National 

3 Monument located in southern Utah. 

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

5 the Secretary of the Interior. 

6 (5) TURNABOUT RANCH.—The term ‘‘Turn7 about Ranch’’ means the Turnabout Ranch in 

8 Escalante, Utah, owned by Aspen Education Group. 

9 (b) CONVEYANCE OF FEDERAL LAND TO TURN10 ABOUT RANCH.— 

11 (1) IN GENERAL.—Notwithstanding the land 

12 use planning requirements of sections 202 and 203 

13 of the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1712, 1713), if not later than 30 

15 days after completion of the appraisal required 

16 under paragraph (2), Turnabout Ranch of 

17 Escalante, Utah, submits to the Secretary an offer 

18 to acquire the Federal land for the appraised value, 

19 the Secretary shall, not later than 30 days after the 

20 date of the offer, convey to Turnabout Ranch all 

21 right, title, and interest to the Federal land, subject 

22 to valid existing rights. 

23 (2) APPRAISAL.—Not later than 90 days after 

24 the date of enactment of this Act, the Secretary 

25 shall complete an appraisal of the Federal land. The 


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1 appraisal shall be completed in accordance with the 

2 ‘‘Uniform Appraisal Standards for Federal Land Ac3 quisitions’’ and the ‘‘Uniform Standards of Profes4 sional Appraisal Practice’’. All costs associated with 

5 the appraisal shall be born by Turnabout Ranch. 

6 (3) PAYMENT OF CONSIDERATION.—Not later 

7 than 30 days after the date on which the Federal 

8 land is conveyed under paragraph (1), as a condition 

9 of the conveyance, Turnabout Ranch shall pay to the 

10 Secretary an amount equal to the appraised value of 

11 the Federal land, as determined under paragraph 

12 (2). 

13 (4) COSTS OF CONVEYANCE.—As a condition of 

14 the conveyance, any costs of the conveyance under 

15 this section shall be paid by Turnabout Ranch. 

16 (5) DISPOSITION OF PROCEEDS.—The Sec17 retary shall deposit the proceeds from the convey18 ance of the Federal land under paragraph (1) in the 

19 Federal Land Deposit Account established by sec20 tion 206 of the Federal Land Transaction Facilita21 tion Act(43 U.S.C. 2305), to be expended in accord22 ance with that Act. 

23 (c) MODIFICATION OF MONUMENT BOUNDARY.— 

24 When the conveyance authorized by subsection (b) is com25 pleted, the boundaries of the Grand Staircase-Escalante 


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1 National Monument in the State of Utah are hereby modi2 fied to exclude the Federal land conveyed to Turnabout 

3 Ranch. 

4 SEC. 255. BOY SCOUTS LAND EXCHANGE, UTAH. 

5 (a) DEFINITIONS.—In this section: 

6 (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

7 means the Utah National Parks Council of the Boy 

8 Scouts of America. 

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

10 the Secretary of the Interior. 

11 (b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

12 (1) AUTHORITY TO CONVEY.— 

13 (A) IN GENERAL.—Subject to paragraph 

14 (3) and notwithstanding the Act of June 14, 

15 1926 (commonly known as the ‘‘Recreation and 

16 Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

17 the Boy Scouts may convey to Brian Head Re18 sort, subject to valid existing rights and, except 

19 as provided in subparagraph (B), any rights re20 served by the United States, all right, title, and 

21 interest granted to the Boy Scouts by the origi22 nal patent to the parcel described in paragraph 

23 (2)(A) in exchange for the conveyance by Brian 

24 Head Resort to the Boy Scouts of all right, 


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1 title, and interest in and to the parcels de2 scribed in paragraph (2)(B). 

3 (B) REVERSIONARY INTEREST.—On con4 veyance of the parcel of land described in para5 graph (2)(A), the Secretary shall have discre6 tion with respect to whether or not the rever7 sionary interests of the United States are to be 

8 exercised. 

9 (2) DESCRIPTION OF LAND.—The parcels of 

10 land referred to in paragraph (1) are— 

11 (A) the 120-acre parcel that is part of a 

12 tract of public land acquired by the Boy Scouts 

13 under the Act of June 14, 1926 (commonly 

14 known as the ‘‘Recreation and Public Purposes 

15 Act’’) (43 U.S.C. 869 et seq.) for the purpose 

16 of operating a camp, which is more particularly 

17 described as the W 1/2 SE 1/4 and SE 1/4 SE 

18 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base 

19 and Meridian; and 

20 (B) the 2 parcels of private land owned by 

21 Brian Head Resort that total 120 acres, which 

22 are more particularly described as— 

23 (i) NE 1/4 NW 1/4 and NE 1/4 NE 

24 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake 

25 Base and Meridian; and 


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1 (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., 

2 R. 9 W., Salt Lake Base Meridian. 

3 (3) CONDITIONS.—On conveyance to the Boy 

4 Scouts under paragraph (1)(A), the parcels of land 

5 described in paragraph (2)(B) shall be subject to the 

6 terms and conditions imposed on the entire tract of 

7 land acquired by the Boy Scouts for a camp under 

8 the Bureau of Land Management patent numbered 

9 43–75–0010. 

10 (4) MODIFICATION OF PATENT.—On completion 

11 of the exchange under paragraph (1)(A), the Sec12 retary shall amend the original Bureau of Land 

13 Management patent providing for the conveyance to 

14 the Boy Scouts under the Act of June 14, 1926 

15 (commonly known as the ‘‘Recreation and Public 

16 Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 

17 43–75–0010 to take into account the exchange 

18 under paragraph (1)(A). 

19 SEC. 256. DOUGLAS COUNTY, WASHINGTON, LAND CONVEY20 ANCE. 

21 (a) DEFINITIONS.—In this section: 

22 (1) PUBLIC LAND.—The term ‘‘public land’’ 

23 means the approximately 622 acres of Federal land 

24 managed by the Bureau of Land Management and 

25 identified for conveyance on the map prepared by 


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1 the Bureau of Land Management entitled ‘‘Douglas 

2 County Public Utility District Proposal’’ and dated 

3 March 2, 2006. 

4 (2) PUD.—The term ‘‘PUD’’ means the Public 

5 Utility District No. 1 of Douglas County, Wash6 ington. 

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

8 the Secretary of the Interior. 

9 (4) WELLS HYDROELECTRIC PROJECT.—The 

10 term ‘‘Wells Hydroelectric Project’’ means Federal 

11 Energy Regulatory Commission Project No. 2149. 

12 (b) CONVEYANCE OF PUBLIC LAND, WELLS HYDRO13 ELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF

14 DOUGLAS COUNTY, WASHINGTON.— 

15 (1) CONVEYANCE REQUIRED.—Notwithstanding 

16 the land use planning requirements of sections 202 

17 and 203 of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1712, 1713), and not19 withstanding section 24 of the Federal Power Act 

20 (16 U.S.C. 818) and Federal Power Order for 

21 Project 2149, and subject to valid existing rights, if 

22 not later than 45 days after the date of completion 

23 of the appraisal required under paragraph (2), the 

24 Public Utility District No. 1 of Douglas County, 

25 Washington, submits to the Secretary an offer to acVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 quire the public land for the appraised value, the 

2 Secretary shall convey, not later than 30 days after 

3 the date of the offer, to the PUD all right, title, and 

4 interest of the United States in and to the public 

5 land. 

6 (2) APPRAISAL.—Not later than 60 days after 

7 the date of enactment of this Act, the Secretary 

8 shall complete an appraisal of the public land. The 

9 appraisal shall be conducted in accordance with the 

10 ‘‘Uniform Appraisal Standards for Federal Land Ac11 quisitions’’ and the ‘‘Uniform Standards of Profes12 sional Appraisal Practice’’. 

13 (3) PAYMENT.—Not later than 30 days after 

14 the date on which the public land is conveyed under 

15 this subsection, the PUD shall pay to the Secretary 

16 an amount equal to the appraised value of the public 

17 land as determined under paragraph (2). 

18 (4) MAP AND LEGAL DESCRIPTIONS.—As soon 

19 as practicable after the date of enactment of this 

20 Act, the Secretary shall finalize legal descriptions of 

21 the public land to be conveyed under this subsection. 

22 The Secretary may correct any minor errors in the 

23 map referred to in subsection (a)(1) or in the legal 

24 descriptions. The map and legal descriptions shall be 


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1 on file and available for public inspection in appro2 priate offices of the Bureau of Land Management. 

3 (5) COSTS OF CONVEYANCE.—As a condition of 

4 conveyance, any costs related to the conveyance 

5 under this subsection shall be paid by the PUD. 

6 (6) DISPOSITION OF PROCEEDS.—The Sec7 retary shall deposit the proceeds from the sale in the 

8 Federal Land Disposal Account established by sec9 tion 206 of the Federal Land Transaction Facilita10 tion Act (43 U.S.C. 2305) to be expended to im11 prove access to public lands administered by the Bu12 reau of Land Management in the State of Wash13 ington. 

14 (c) SEGREGATION OF LANDS.— 

15 (1) WITHDRAWAL.—Except as provided in sub16 section (b)(1), effective immediately upon enactment 

17 of this Act, and subject to valid existing rights, the 

18 public land is withdrawn from— 

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

20 disposal under the public land laws, and all 

21 amendments thereto; 

22 (B) location, entry, and patenting under 

23 the mining laws, and all amendments thereto; 

24 and 


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1 (C) operation of the mineral leasing, min2 eral materials, and geothermal leasing laws, and 

3 all amendments thereto. 

4 (2) DURATION.—This subsection expires two 

5 years after the date of enactment of this Act or on 

6 the date of the completion of the conveyance under 

7 subsection (b), whichever is earlier. 

8 (d) RETAINED AUTHORITY.—The Secretary shall re9 tain the authority to place conditions on the license to in10 sure adequate protection and utilization of the public land 

11 granted to the Secretary in section 4(e) of the Federal 

12 Power Act (16 U.S.C. 797(e)) until the Federal Energy 

13 Regulatory Commission has issued a new license for the 

14 Wells Hydroelectric Project, to replace the original license 

15 expiring May 31, 2012, consistent with section 15 of the 

16 Federal Power Act (16 U.S.C. 808). 

17 TITLE III—FOREST SERVICE 

18 AUTHORIZATIONS 

19 Subtitle A—Watershed Restoration 

20 and Enhancement 

21 SEC. 301. WATERSHED RESTORATION AND ENHANCEMENT 

22 AGREEMENTS. 

23 Section 323 of the Department of the Interior and 

24 Related Agencies Appropriations Act, 1999 (16 U.S.C. 

25 1011 note; Public Law 105–277), is amended— 


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1 (1) in subsection (a), by striking ‘‘each of fiscal 

2 years 2006 through 2011’’ and inserting ‘‘fiscal year 

3 2006 and each fiscal year thereafter’’; 

4 (2) by redesignating subsection (d) as sub5 section (e); and 

6 (3) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, 

9 United States Code, shall not apply to— 

10 ‘‘(1) a watershed restoration and enhancement 

11 agreement entered into under this section; or 

12 ‘‘(2) an agreement entered into under the first 

13 section of Public Law 94–148 (16 U.S.C. 565a–1).’’. 

14 Subtitle B—Wildland Firefighter 

15 Safety 

16 SEC. 311. WILDLAND FIREFIGHTER SAFETY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) SECRETARIES.—The term ‘‘Secretaries’’ 

19 means— 

20 (A) the Secretary of the Interior, acting 

21 through the Directors of the Bureau of Land 

22 Management, the United States Fish and Wild23 life Service, the National Park Service, and the 

24 Bureau of Indian Affairs; and 


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1 (B) the Secretary of Agriculture, acting 

2 through the Chief of the Forest Service. 

3 (2) WILDLAND FIREFIGHTER.—The term 

4 ‘‘wildland firefighter’’ means any person who partici5 pates in wildland firefighting activities— 

6 (A) under the direction of either of the 

7 Secretaries; or 

8 (B) under a contract or compact with a 

9 federally recognized Indian tribe. 

10 (b) ANNUAL REPORT TO CONGRESS.— 

11 (1) IN GENERAL.—The Secretaries shall jointly 

12 submit to Congress an annual report on the wildland 

13 firefighter safety practices of the Secretaries, includ14 ing training programs and activities for wildland fire 

15 suppression, prescribed burning, and wildland fire 

16 use, during the preceding calendar year. 

17 (2) TIMELINE.—Each report under paragraph 

18 (1) shall— 

19 (A) be submitted by not later than March 

20 of the year following the calendar year covered 

21 by the report; and 

22 (B) include— 

23 (i) a description of, and any changes 

24 to, wildland firefighter safety practices, in25 cluding training programs and activities 


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1 for wildland fire suppression, prescribed 

2 burning, and wildland fire use; 

3 (ii) statistics and trend analyses; 

4 (iii) an estimate of the amount of 

5 Federal funds expended by the Secretaries 

6 on wildland firefighter safety practices, in7 cluding training programs and activities 

8 for wildland fire suppression, prescribed 

9 burning, and wildland fire use; 

10 (iv) progress made in implementing 

11 recommendations from the Inspector Gen12 eral, the Government Accountability Office, 

13 the Occupational Safety and Health Ad14 ministration, or an agency report relating 

15 to a wildland firefighting fatality issued 

16 during the preceding 10 years; and 

17 (v) a description of— 

18 (I) the provisions relating to 

19 wildland firefighter safety practices in 

20 any Federal contract or other agree21 ment governing the provision of 

22 wildland firefighters by a non-Federal 

23 entity; 

24 (II) a summary of any actions 

25 taken by the Secretaries to ensure 


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1 that the provisions relating to safety 

2 practices, including training, are com3 plied with by the non-Federal entity; 

4 and 

5 (III) the results of those actions. 

6 Subtitle C—Wyoming Range 

7 SEC. 321. DEFINITIONS. 

8 In this subtitle: 

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

10 the Secretary of the Interior. 

11 (2) WYOMING RANGE WITHDRAWAL AREA.— 

12 The term ‘‘Wyoming Range Withdrawal Area’’ 

13 means all National Forest System land and federally 

14 owned minerals located within the boundaries of the 

15 Bridger-Teton National Forest identified on the map 

16 entitled ‘‘Wyoming Range Withdrawal Area’’ and 

17 dated October 17, 2007, on file with the Office of 

18 the Chief of the Forest Service and the Office of the 

19 Supervisor of the Bridger-Teton National Forest. 

20 SEC. 322. WITHDRAWAL OF CERTAIN LAND IN THE WYO21 MING RANGE. 

22 (a) WITHDRAWAL.—Except as provided in subsection 

23 (f), subject to valid existing rights as of the date of enact24 ment of this Act and the provisions of this subtitle, land 


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1 in the Wyoming Range Withdrawal Area is withdrawn 

2 from— 

3 (1) all forms of appropriation or disposal under 

4 the public land laws; 

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

6 laws; and 

7 (3) disposition under laws relating to mineral 

8 and geothermal leasing. 

9 (b) EXISTING RIGHTS.—If any right referred to in 

10 subsection (a) is relinquished or otherwise acquired by the 

11 United States (including through donation under section 

12 323) after the date of enactment of this Act, the land sub13 ject to that right shall be withdrawn in accordance with 

14 this section. 

15 (c) BUFFERS.—Nothing in this section requires— 

16 (1) the creation of a protective perimeter or 

17 buffer area outside the boundaries of the Wyoming 

18 Range Withdrawal Area; or 

19 (2) any prohibition on activities outside of the 

20 boundaries of the Wyoming Range Withdrawal Area 

21 that can be seen or heard from within the bound22 aries of the Wyoming Range Withdrawal Area. 

23 (d) LAND AND RESOURCE MANAGEMENT PLAN.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 the Bridger-Teton National Land and Resource 


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1 Management Plan (including any revisions to the 

2 Plan) shall apply to any land within the Wyoming 

3 Range Withdrawal Area. 

4 (2) CONFLICTS.—If there is a conflict between 

5 this subtitle and the Bridger-Teton National Land 

6 and Resource Management Plan, this subtitle shall 

7 apply. 

8 (e) PRIOR LEASE SALES.—Nothing in this section 

9 prohibits the Secretary from taking any action necessary 

10 to issue, deny, remove the suspension of, or cancel a lease, 

11 or any sold lease parcel that has not been issued, pursuant 

12 to any lease sale conducted prior to the date of enactment 

13 of this Act, including the completion of any requirements 

14 under the National Environmental Policy Act of 1969 (42 

15 U.S.C. 4321 et seq.). 

16 (f) EXCEPTION.—Notwithstanding the withdrawal in 

17 subsection (a), the Secretary may lease oil and gas re18 sources in the Wyoming Range Withdrawal Area that are 

19 within 1 mile of the boundary of the Wyoming Range 

20 Withdrawal Area in accordance with the Mineral Leasing 

21 Act (30 U.S.C. 181 et seq.) and subject to the following 

22 conditions: 

23 (1) The lease may only be accessed by direc24 tional drilling from a lease held by production on the 

25 date of enactment of this Act on National Forest 


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1 System land that is adjacent to, and outside of, the 

2 Wyoming Range Withdrawal Area. 

3 (2) The lease shall prohibit, without exception 

4 or waiver, surface occupancy and surface disturb5 ance for any activities, including activities related to 

6 exploration, development, or production. 

7 (3) The directional drilling may extend no fur8 ther than 1 mile inside the boundary of the Wyo9 ming Range Withdrawal Area. 

10 SEC. 323. ACCEPTANCE OF THE DONATION OF VALID EXIST11 ING MINING OR LEASING RIGHTS IN THE WY12 OMING RANGE. 

13 (a) NOTIFICATION OF LEASEHOLDERS.—Not later 

14 than 120 days after the date of enactment of this Act, 

15 the Secretary shall provide notice to holders of valid exist16 ing mining or leasing rights within the Wyoming Range 

17 Withdrawal Area of the potential opportunity for repur18 chase of those rights and retirement under this section. 

19 (b) REQUEST FOR LEASE RETIREMENT.— 

20 (1) IN GENERAL.—A holder of a valid existing 

21 mining or leasing right within the Wyoming Range 

22 Withdrawal Area may submit a written notice to the 

23 Secretary of the interest of the holder in the retire24 ment and repurchase of that right. 


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1 (2) LIST OF INTERESTED HOLDERS.—The Sec2 retary shall prepare a list of interested holders and 

3 make the list available to any non-Federal entity or 

4 person interested in acquiring that right for retire5 ment by the Secretary. 

6 (c) PROHIBITION.—The Secretary may not use any 

7 Federal funds to purchase any right referred to in sub8 section (a). 

9 (d) DONATION AUTHORITY.—The Secretary shall— 

10 (1) accept the donation of any valid existing 

11 mining or leasing right in the Wyoming Range With12 drawal Area from the holder of that right or from 

13 any non-Federal entity or person that acquires that 

14 right; and 

15 (2) on acceptance, cancel that right. 

16 (e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing 

17 in this subtitle affects any authority the Secretary may 

18 otherwise have to modify, suspend, or terminate a lease 

19 without compensation, or to recognize the transfer of a 

20 valid existing mining or leasing right, if otherwise author21 ized by law. 


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1 Subtitle D—Land Conveyances and 

2 Exchanges 

3 SEC. 331. LAND CONVEYANCE TO CITY OF COFFMAN COVE, 

4 ALASKA. 

5 (a) DEFINITIONS.—In this section: 

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

7 Coffman Cove, Alaska. 

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

9 the Secretary of Agriculture. 

10 (b) CONVEYANCE.— 

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

12 rights, the Secretary shall convey to the City, with13 out consideration and by quitclaim deed all right, 

14 title, and interest of the United States, except as 

15 provided in paragraphs (3) and (4), in and to the 

16 parcel of National Forest System land described in 

17 paragraph (2). 

18 (2) DESCRIPTION OF LAND.— 

19 (A) IN GENERAL.—The parcel of National 

20 Forest System land referred to in paragraph 

21 (1) is the approximately 12 acres of land identi22 fied in U.S. Survey 10099, as depicted on the 

23 plat entitled ‘‘Subdivision of U.S. Survey No. 

24 10099’’ and recorded as Plat 2003–1 on JanuVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ary 21, 2003, Petersburg Recording District, 

2 Alaska. 

3 (B) EXCLUDED LAND.—The parcel of Na4 tional Forest System land conveyed under para5 graph (1) does not include the portion of U.S. 

6 Survey 10099 that is north of the right-of-way 

7 for Forest Development Road 3030–295 and 

8 southeast of Tract CC–8. 

9 (3) RIGHT-OF-WAY.—The United States may 

10 reserve a right-of-way to provide access to the Na11 tional Forest System land excluded from the convey12 ance to the City under paragraph (2)(B). 

13 (4) REVERSION.—If any portion of the land 

14 conveyed under paragraph (1) (other than a portion 

15 of land sold under paragraph (5)) ceases to be used 

16 for public purposes, the land shall, at the option of 

17 the Secretary, revert to the United States. 

18 (5) CONDITIONS ON SUBSEQUENT CONVEY19 ANCES.—If the City sells any portion of the land 

20 conveyed to the City under paragraph (1)— 

21 (A) the amount of consideration for the 

22 sale shall reflect fair market value, as deter23 mined by an appraisal; and 

24 (B) the City shall pay to the Secretary an 

25 amount equal to the gross proceeds of the sale, 


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1 which shall be available, without further appro2 priation, for the Tongass National Forest. 

3 SEC. 332. BEAVERHEAD-DEERLODGE NATIONAL FOREST 

4 LAND CONVEYANCE, MONTANA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COUNTY.—The term ‘‘County’’ means Jef7 ferson County, Montana. 

8 (2) MAP.—The term ‘‘map’’ means the map 

9 that is— 

10 (A) entitled ‘‘Elkhorn Cemetery’’; 

11 (B) dated May 9, 2005; and 

12 (C) on file in the office of the Beaverhead13 Deerlodge National Forest Supervisor. 

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

15 the Secretary of Agriculture. 

16 (b) CONVEYANCE TO JEFFERSON COUNTY, MON17 TANA.— 

18 (1) CONVEYANCE.—Not later than 180 days 

19 after the date of enactment of this Act and subject 

20 to valid existing rights, the Secretary (acting 

21 through the Regional Forester, Northern Region, 

22 Missoula, Montana) shall convey by quitclaim deed 

23 to the County for no consideration, all right, title, 

24 and interest of the United States, except as provided 


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1 in paragraph (5), in and to the parcel of land de2 scribed in paragraph (2). 

3 (2) DESCRIPTION OF LAND.—The parcel of 

4 land referred to in paragraph (1) is the parcel of ap5 proximately 9.67 acres of National Forest System 

6 land (including any improvements to the land) in the 

7 County that is known as the ‘‘Elkhorn Cemetery’’, 

8 as generally depicted on the map. 

9 (3) USE OF LAND.—As a condition of the con10 veyance under paragraph (1), the County shall— 

11 (A) use the land described in paragraph 

12 (2) as a County cemetery; and 

13 (B) agree to manage the cemetery with 

14 due consideration and protection for the historic 

15 and cultural values of the cemetery, under such 

16 terms and conditions as are agreed to by the 

17 Secretary and the County. 

18 (4) EASEMENT.—In conveying the land to the 

19 County under paragraph (1), the Secretary, in ac20 cordance with applicable law, shall grant to the 

21 County an easement across certain National Forest 

22 System land, as generally depicted on the map, to 

23 provide access to the land conveyed under that para24 graph. 


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1 (5) REVERSION.—In the quitclaim deed to the 

2 County, the Secretary shall provide that the land 

3 conveyed to the County under paragraph (1) shall 

4 revert to the Secretary, at the election of the Sec5 retary, if the land is— 

6 (A) used for a purpose other than the pur7 poses described in paragraph (3)(A); or 

8 (B) managed by the County in a manner 

9 that is inconsistent with paragraph (3)(B). 

10 SEC. 333. SANTA FE NATIONAL FOREST; PECOS NATIONAL 

11 HISTORICAL PARK LAND EXCHANGE. 

12 (a) DEFINITIONS.—In this section: 

13 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

14 means the approximately 160 acres of Federal land 

15 within the Santa Fe National Forest in the State, 

16 as depicted on the map. 

17 (2) LANDOWNER.—The term ‘‘landowner’’ 

18 means the 1 or more owners of the non-Federal 

19 land. 

20 (3) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Proposed Land Exchange for Pecos National 

22 Historical Park’’, numbered 430/80,054, dated No23 vember 19, 1999, and revised September 18, 2000. 

24 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed25 eral land’’ means the approximately 154 acres of 


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1 non-Federal land in the Park, as depicted on the 

2 map. 

3 (5) PARK.—The term ‘‘Park’’ means the Pecos 

4 National Historical Park in the State. 

5 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

6 means the Secretary of the Interior and the Sec7 retary of Agriculture, acting jointly. 

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

9 of New Mexico. 

10 (b) LAND EXCHANGE.— 

11 (1) IN GENERAL.—On conveyance by the land12 owner to the Secretary of the Interior of the non13 Federal land, title to which is acceptable to the Sec14 retary of the Interior— 

15 (A) the Secretary of Agriculture shall, sub16 ject to the conditions of this section, convey to 

17 the landowner the Federal land; and 

18 (B) the Secretary of the Interior shall, 

19 subject to the conditions of this section, grant 

20 to the landowner the easement described in 

21 paragraph (2). 

22 (2) EASEMENT.— 

23 (A) IN GENERAL.—The easement referred 

24 to in paragraph (1)(B) is an easement (includ25 ing an easement for service access) for water 


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1 pipelines to 2 well sites located in the Park, as 

2 generally depicted on the map. 

3 (B) ROUTE.—The Secretary of the Inte4 rior, in consultation with the landowner, shall 

5 determine the appropriate route of the ease6 ment through the Park. 

7 (C) TERMS AND CONDITIONS.—The ease8 ment shall include such terms and conditions 

9 relating to the use of, and access to, the well 

10 sites and pipeline, as the Secretary of the Inte11 rior, in consultation with the landowner, deter12 mines to be appropriate. 

13 (D) APPLICABLE LAW.—The easement 

14 shall be established, operated, and maintained 

15 in compliance with applicable Federal law. 

16 (3) VALUATION, APPRAISALS, AND EQUALI17 ZATION.— 

18 (A) IN GENERAL.—The value of the Fed19 eral land and non-Federal land— 

20 (i) shall be equal, as determined by 

21 appraisals conducted in accordance with 

22 subparagraph (B); or 

23 (ii) if the value is not equal, shall be 

24 equalized in accordance with subparagraph 

25 (C). 


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1 (B) APPRAISALS.— 

2 (i) IN GENERAL.—The Federal land 

3 and non-Federal land shall be appraised by 

4 an independent appraiser selected by the 

5 Secretaries. 

6 (ii) REQUIREMENTS.—An appraisal 

7 conducted under clause (i) shall be con8 ducted in accordance with— 

9 (I) the Uniform Appraisal Stand10 ards for Federal Land Acquisition; 

11 and 

12 (II) the Uniform Standards of 

13 Professional Appraisal Practice. 

14 (iii) APPROVAL.—The appraisals con15 ducted under this subparagraph shall be 

16 submitted to the Secretaries for approval. 

17 (C) EQUALIZATION OF VALUES.— 

18 (i) IN GENERAL.—If the values of the 

19 non-Federal land and the Federal land are 

20 not equal, the values may be equalized 

21 by— 

22 (I) the Secretary of the Interior 

23 making a cash equalization payment 

24 to the landowner; 


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1 (II) the landowner making a cash 

2 equalization payment to the Secretary 

3 of Agriculture; or 

4 (III) reducing the acreage of the 

5 non-Federal land or the Federal land, 

6 as appropriate. 

7 (ii) CASH EQUALIZATION PAY8 MENTS.—Any amounts received by the 

9 Secretary of Agriculture as a cash equali10 zation payment under section 206(b) of the 

11 Federal Land Policy and Management Act 

12 of 1976 (43 U.S.C. 1716(b)) shall— 

13 (I) be deposited in the fund es14 tablished by Public Law 90–171 

15 (commonly known as the ‘‘Sisk Act’’) 

16 (16 U.S.C. 484a); and 

17 (II) be available for expenditure, 

18 without further appropriation, for the 

19 acquisition of land and interests in 

20 land in the State. 

21 (4) COSTS.—Before the completion of the ex22 change under this subsection, the Secretaries and 

23 the landowner shall enter into an agreement that al24 locates the costs of the exchange among the Secre25 taries and the landowner. 


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1 (5) APPLICABLE LAW.—Except as otherwise 

2 provided in this section, the exchange of land and in3 terests in land under this section shall be in accord4 ance with— 

5 (A) section 206 of the Federal Land Policy 

6 and Management Act of 1976 (43 U.S.C. 

7 1716); and 

8 (B) other applicable laws, including the 

9 National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.). 

11 (6) ADDITIONAL TERMS AND CONDITIONS.— 

12 The Secretaries may require, in addition to any re13 quirements under this section, such terms and condi14 tions relating to the exchange of Federal land and 

15 non-Federal land and the granting of easements 

16 under this section as the Secretaries determine to be 

17 appropriate to protect the interests of the United 

18 States. 

19 (7) COMPLETION OF THE EXCHANGE.— 

20 (A) IN GENERAL.—The exchange of Fed21 eral land and non-Federal land shall be com22 pleted not later than 180 days after the later 

23 of— 

24 (i) the date on which the requirements 

25 of the National Environmental Policy Act 


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1 of 1969 (42 U.S.C. 4321 et seq.) have 

2 been met; 

3 (ii) the date on which the Secretary of 

4 the Interior approves the appraisals under 

5 paragraph (3)(B)(iii); or 

6 (iii) the date on which the Secretaries 

7 and the landowner agree on the costs of 

8 the exchange and any other terms and con9 ditions of the exchange under this sub10 section. 

11 (B) NOTICE.—The Secretaries shall sub12 mit to the Committee on Energy and Natural 

13 Resources of the Senate and the Committee on 

14 Resources of the House of Representatives no15 tice of the completion of the exchange of Fed16 eral land and non-Federal land under this sub17 section. 

18 (c) ADMINISTRATION.— 

19 (1) IN GENERAL.—The Secretary of the Inte20 rior shall administer the non-Federal land acquired 

21 under this section in accordance with the laws gen22 erally applicable to units of the National Park Sys23 tem, including the Act of August 25, 1916 (com24 monly known as the ‘‘National Park Service Organic 

25 Act’’) (16 U.S.C. 1 et seq.). 


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1 (2) MAPS.— 

2 (A) IN GENERAL.—The map shall be on 

3 file and available for public inspection in the 

4 appropriate offices of the Secretaries. 

5 (B) TRANSMITTAL OF REVISED MAP TO

6 CONGRESS.—Not later than 180 days after 

7 completion of the exchange, the Secretaries 

8 shall transmit to the Committee on Energy and 

9 Natural Resources of the Senate and the Com10 mittee on Resources of the House of Represent11 atives a revised map that depicts— 

12 (i) the Federal land and non-Federal 

13 land exchanged under this section; and 

14 (ii) the easement described in sub15 section (b)(2). 

16 SEC. 334. SANTA FE NATIONAL FOREST LAND CONVEY17 ANCE, NEW MEXICO. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CLAIM.—The term ‘‘Claim’’ means a claim 

20 of the Claimants to any right, title, or interest in 

21 any land located in lot 10, sec. 22, T. 18 N., R. 12 

22 E., New Mexico Principal Meridian, San Miguel 

23 County, New Mexico, except as provided in sub24 section (b)(1). 


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1 (2) CLAIMANTS.—The term ‘‘Claimants’’ means 

2 Ramona Lawson and Boyd Lawson. 

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

4 means a parcel of National Forest System land in 

5 the Santa Fe National Forest, New Mexico, that 

6 is— 

7 (A) comprised of approximately 6.20 acres 

8 of land; and 

9 (B) described and delineated in the survey. 

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

11 the Secretary of Agriculture, acting through the 

12 Forest Service Regional Forester, Southwestern Re13 gion. 

14 (5) SURVEY.—The term ‘‘survey’’ means the 

15 survey plat entitled ‘‘Boundary Survey and Con16 servation Easement Plat’’, prepared by Chris A. 

17 Chavez, Land Surveyor, Forest Service, 

18 NMPLS#12793, and recorded on February 27, 

19 2007, at book 55, page 93, of the land records of 

20 San Miguel County, New Mexico. 

21 (b) SANTA FE NATIONAL FOREST LAND CONVEY22 ANCE.— 

23 (1) IN GENERAL.—The Secretary shall, except 

24 as provided in subparagraph (A) and subject to valid 

25 existing rights, convey and quitclaim to the ClaimVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ants all right, title, and interest of the United States 

2 in and to the Federal land in exchange for— 

3 (A) the grant by the Claimants to the 

4 United States of a scenic easement to the Fed5 eral land that— 

6 (i) protects the purposes for which the 

7 Federal land was designated under the 

8 Wild and Scenic Rivers Act (16 U.S.C. 

9 1271 et seq.); and 

10 (ii) is determined to be acceptable by 

11 the Secretary; and 

12 (B) a release of the United States by the 

13 Claimants of— 

14 (i) the Claim; and 

15 (ii) any additional related claims of 

16 the Claimants against the United States. 

17 (2) SURVEY.—The Secretary, with the approval 

18 of the Claimants, may make minor corrections to the 

19 survey and legal description of the Federal land to 

20 correct clerical, typographical, and surveying errors. 

21 (3) SATISFACTION OF CLAIM.—The conveyance 

22 of Federal land under paragraph (1) shall constitute 

23 a full satisfaction of the Claim. 


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1 SEC. 335. KITTITAS COUNTY, WASHINGTON LAND CONVEY2 ANCE. 

3 (a) CONVEYANCE REQUIRED.—The Secretary of Ag4 riculture shall convey, without consideration, to the King 

5 and Kittitas Counties Fire District #51 of King and 

6 Kittitas Counties, Washington (in this section referred to 

7 as the ‘‘District’’), all right, title, and interest of the 

8 United States in and to a parcel of National Forest Sys9 tem land in Kittitas County, Washington, consisting of approximately 1.5 acres within the SW1⁄4 of the SE1 10 ⁄4 of 

11 section 4, township 22 north, range 11 east, Willamette 

12 meridian, for the purpose of permitting the District to use 

13 the parcel as a site for a new Snoqualmie Pass fire and 

14 rescue station. 

15 (b) REVERSIONARY INTEREST.—If the Secretary de16 termines at any time that the real property conveyed 

17 under subsection (a) is not being used in accordance with 

18 the purpose of the conveyance specified in such subsection, 

19 all right, title, and interest in and to the property shall 

20 revert, at the option of the Secretary, to the United States, 

21 and the United States shall have the right of immediate 

22 entry onto the property. Any determination of the Sec23 retary under this subsection shall be made on the record 

24 after an opportunity for a hearing. 

25 (c) SURVEY.—If necessary, the exact acreage and 

26 legal description of the lands to be conveyed under subVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 section (a) shall be determined by a survey satisfactory 

2 to the Secretary. The cost of a survey shall be borne by 

3 the District. 

4 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

5 Secretary may require such additional terms and condi6 tions in connection with the conveyance under subsection 

7 (a) as the Secretary considers appropriate to protect the 

8 interests of the United States. 

9 SEC. 336. MAMMOTH COMMUNITY WATER DISTRICT USE 

10 RESTRICTIONS. 

11 Notwithstanding Public Law 90–171 (commonly 

12 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a), the approxi13 mately 36.25 acres patented to the Mammoth County 

14 Water District (now known as the ‘‘Mammoth Community 

15 Water District’’) by Patent No. 04–87–0038, on June 26, 

16 1987, and recorded in volume 482, at page 516, of the 

17 official records of the Recorder’s Office, Mono County, 

18 California, may be used for any public purpose. 

19 TITLE IV—FOREST LANDSCAPE 

20 RESTORATION 

21 SEC. 401. PURPOSE. 

22 The purpose of this title is to encourage the collabo23 rative, science-based ecosystem restoration of priority for24 est landscapes through a process that— 


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1 (1) encourages ecological, economic, and social 

2 sustainability; 

3 (2) leverages local resources with national and 

4 private resources; 

5 (3) facilitates the reduction of wildfire manage6 ment costs, including through reestablishing natural 

7 fire regimes and reducing the risk of 

8 uncharacteristic wildfire; and 

9 (4) demonstrates the degree to which— 

10 (A) various ecological restoration tech11 niques— 

12 (i) achieve ecological and watershed 

13 health objectives; and 

14 (ii) affect wildfire activity and man15 agement costs; and 

16 (B) the use of forest restoration byprod17 ucts can offset treatment costs while benefitting 

18 local rural economies and improving forest 

19 health. 

20 SEC. 402. DEFINITIONS. 

21 In this title: 

22 (1) FUND.—The term ‘‘Fund’’ means the Col23 laborative Forest Landscape Restoration Fund es24 tablished by section 403(f). 


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1 (2) PROGRAM.—The term ‘‘program’’ means 

2 the Collaborative Forest Landscape Restoration Pro3 gram established under section 403(a). 

4 (3) PROPOSAL.—The term ‘‘proposal’’ means a 

5 collaborative forest landscape restoration proposal 

6 described in section 403(b). 

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

8 the Secretary of Agriculture, acting through the 

9 Chief of the Forest Service. 

10 (5) STRATEGY.—The term ‘‘strategy’’ means a 

11 landscape restoration strategy described in section 

12 403(b)(1). 

13 SEC. 403. COLLABORATIVE FOREST LANDSCAPE RESTORA14 TION PROGRAM. 

15 (a) IN GENERAL.—The Secretary, in consultation 

16 with the Secretary of the Interior, shall establish a Col17 laborative Forest Landscape Restoration Program to se18 lect and fund ecological restoration treatments for priority 

19 forest landscapes in accordance with— 

20 (1) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.); 

22 (2) the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

24 (3) any other applicable law. 


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1 (b) ELIGIBILITY CRITERIA.—To be eligible for nomi2 nation under subsection (c), a collaborative forest land3 scape restoration proposal shall— 

4 (1) be based on a landscape restoration strategy 

5 that— 

6 (A) is complete or substantially complete; 

7 (B) identifies and prioritizes ecological res8 toration treatments for a 10-year period within 

9 a landscape that is— 

10 (i) at least 50,000 acres; 

11 (ii) comprised primarily of forested 

12 National Forest System land, but may also 

13 include land under the jurisdiction of the 

14 Bureau of Land Management, land under 

15 the jurisdiction of the Bureau of Indian 

16 Affairs, or other Federal, State, tribal, or 

17 private land; 

18 (iii) in need of active ecosystem res19 toration; and 

20 (iv) accessible by existing or proposed 

21 wood-processing infrastructure at an ap22 propriate scale to use woody biomass and 

23 small-diameter wood removed in ecological 

24 restoration treatments; 


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1 (C) incorporates the best available science 

2 and scientific application tools in ecological res3 toration strategies; 

4 (D) fully maintains, or contributes toward 

5 the restoration of, the structure and composi6 tion of old growth stands according to the pre7 fire suppression old growth conditions char8 acteristic of the forest type, taking into account 

9 the contribution of the stand to landscape fire 

10 adaptation and watershed health and retaining 

11 the large trees contributing to old growth struc12 ture; 

13 (E) would carry out any forest restoration 

14 treatments that reduce hazardous fuels by— 

15 (i) focusing on small diameter trees, 

16 thinning, strategic fuel breaks, and fire use 

17 to modify fire behavior, as measured by 

18 the projected reduction of 

19 uncharacteristically severe wildfire effects 

20 for the forest type (such as adverse soil 

21 impacts, tree mortality or other impacts); 

22 and 

23 (ii) maximizing the retention of large 

24 trees, as appropriate for the forest type, to 


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1 the extent that the trees promote fire-resil2 ient stands; and 

3 (F)(i) does not include the establishment 

4 of permanent roads; and 

5 (ii) would commit funding to decommission 

6 all temporary roads constructed to carry out 

7 the strategy; 

8 (2) be developed and implemented through a 

9 collaborative process that— 

10 (A) includes multiple interested persons 

11 representing diverse interests; and 

12 (B)(i) is transparent and nonexclusive; or 

13 (ii) meets the requirements for a resource 

14 advisory committee under subsections (c) 

15 through (f) of section 205 of Public Law 106– 

16 393 (16 U.S.C. 500 note); 

17 (3) describe plans to— 

18 (A) reduce the risk of uncharacteristic 

19 wildfire, including through the use of fire for 

20 ecological restoration and maintenance and re21 establishing natural fire regimes, where appro22 priate; 

23 (B) improve fish and wildlife habitat, in24 cluding for endangered, threatened, and sen25 sitive species; 


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1 (C) maintain or improve water quality and 

2 watershed function; 

3 (D) prevent, remediate, or control inva4 sions of exotic species; 

5 (E) maintain, decommission, and rehabili6 tate roads and trails; 

7 (F) use woody biomass and small-diameter 

8 trees produced from projects implementing the 

9 strategy; 

10 (G) report annually on performance, in11 cluding through performance measures from the 

12 plan entitled the ‘‘10 Year Comprehensive 

13 Strategy Implementation Plan’’ and dated De14 cember 2006; and 

15 (H) take into account any applicable com16 munity wildfire protection plan; 

17 (4) analyze any anticipated cost savings, includ18 ing those resulting from— 

19 (A) reduced wildfire management costs; 

20 and 

21 (B) a decrease in the unit costs of imple22 menting ecological restoration treatments over 

23 time; 

24 (5) estimate— 


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1 (A) the annual Federal funding necessary 

2 to implement the proposal; and 

3 (B) the amount of new non-Federal invest4 ment for carrying out the proposal that would 

5 be leveraged; 

6 (6) describe the collaborative process through 

7 which the proposal was developed, including a de8 scription of— 

9 (A) participation by or consultation with 

10 State, local, and Tribal governments; and 

11 (B) any established record of successful 

12 collaborative planning and implementation of 

13 ecological restoration projects on National For14 est System land and other land included in the 

15 proposal by the collaborators; and 

16 (7) benefit local economies by providing local 

17 employment or training opportunities through con18 tracts, grants, or agreements for restoration plan19 ning, design, implementation, or monitoring with— 

20 (A) local private, nonprofit, or cooperative 

21 entities; 

22 (B) Youth Conservation Corps crews or re23 lated partnerships, with State, local, and non24 profit youth groups; 


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1 (C) existing or proposed small or micro2 businesses, clusters, or incubators; or 

3 (D) other entities that will hire or train 

4 local people to complete such contracts, grants, 

5 or agreements; and 

6 (8) be subject to any other requirements that 

7 the Secretary, in consultation with the Secretary of 

8 the Interior, determines to be necessary for the effi9 cient and effective administration of the program. 

10 (c) NOMINATION PROCESS.— 

11 (1) SUBMISSION.—A proposal shall be sub12 mitted to— 

13 (A) the appropriate Regional Forester; and 

14 (B) if actions under the jurisdiction of the 

15 Secretary of the Interior are proposed, the ap16 propriate— 

17 (i) State Director of the Bureau of 

18 Land Management; 

19 (ii) Regional Director of the Bureau 

20 of Indian Affairs; or 

21 (iii) other official of the Department 

22 of the Interior. 

23 (2) NOMINATION.— 

24 (A) IN GENERAL.—A Regional Forester 

25 may nominate for selection by the Secretary 


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1 any proposals that meet the eligibility criteria 

2 established by subsection (b). 

3 (B) CONCURRENCE.—Any proposal nomi4 nated by the Regional Forester that proposes 

5 actions under the jurisdiction of the Secretary 

6 of the Interior shall include the concurrence of 

7 the appropriate— 

8 (i) State Director of the Bureau of 

9 Land Management; 

10 (ii) Regional Director of the Bureau 

11 of Indian Affairs; or 

12 (iii) other official of the Department 

13 of the Interior. 

14 (3) DOCUMENTATION.—With respect to each 

15 proposal that is nominated under paragraph (2)— 

16 (A) the appropriate Regional Forester 

17 shall— 

18 (i) include a plan to use Federal funds 

19 allocated to the region to fund those costs 

20 of planning and carrying out ecological res21 toration treatments on National Forest 

22 System land, consistent with the strategy, 

23 that would not be covered by amounts 

24 transferred to the Secretary from the 

25 Fund; and 


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1 (ii) provide evidence that amounts 

2 proposed to be transferred to the Secretary 

3 from the Fund during the first 2 fiscal 

4 years following selection would be used to 

5 carry out ecological restoration treatments 

6 consistent with the strategy during the 

7 same fiscal year in which the funds are 

8 transferred to the Secretary; 

9 (B) if actions under the jurisdiction of the 

10 Secretary of the Interior are proposed, the nom11 ination shall include a plan to fund such ac12 tions, consistent with the strategy, by the ap13 propriate— 

14 (i) State Director of the Bureau of 

15 Land Management; 

16 (ii) Regional Director of the Bureau 

17 of Indian Affairs; or 

18 (iii) other official of the Department 

19 of the Interior; and 

20 (C) if actions on land not under the juris21 diction of the Secretary or the Secretary of the 

22 Interior are proposed, the appropriate Regional 

23 Forester shall provide evidence that the land24 owner intends to participate in, and provide ap25 propriate funding to carry out, the actions. 


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1 (d) SELECTION PROCESS.— 

2 (1) IN GENERAL.—After consulting with the ad3 visory panel established under subsection (e), the 

4 Secretary, in consultation with the Secretary of the 

5 Interior, shall, subject to paragraph (2), select the 

6 best proposals that— 

7 (A) have been nominated under subsection 

8 (c)(2); and 

9 (B) meet the eligibility criteria established 

10 by subsection (b). 

11 (2) CRITERIA.—In selecting proposals under 

12 paragraph (1), the Secretary shall give special con13 sideration to— 

14 (A) the strength of the proposal and strat15 egy; 

16 (B) the strength of the ecological case of 

17 the proposal and the proposed ecological res18 toration strategies; 

19 (C) the strength of the collaborative proc20 ess and the likelihood of successful collaboration 

21 throughout implementation; 

22 (D) whether the proposal is likely to 

23 achieve reductions in long-term wildfire man24 agement costs; 


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1 (E) whether the proposal would reduce the 

2 relative costs of carrying out ecological restora3 tion treatments as a result of the use of woody 

4 biomass and small-diameter trees; and 

5 (F) whether an appropriate level of non6 Federal investment would be leveraged in car7 rying out the proposal. 

8 (3) LIMITATION.—The Secretary may select not 

9 more than— 

10 (A) 10 proposals to be funded during any 

11 fiscal year; 

12 (B) 2 proposals in any 1 region of the Na13 tional Forest System to be funded during any 

14 fiscal year; and 

15 (C) the number of proposals that the Sec16 retary determines are likely to receive adequate 

17 funding. 

18 (e) ADVISORY PANEL.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 and maintain an advisory panel comprised of not 

21 more than 15 members to evaluate, and provide rec22 ommendations on, each proposal that has been nomi23 nated under subsection (c)(2). 

24 (2) REPRESENTATION.—The Secretary shall en25 sure that the membership of the advisory panel is 


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1 fairly balanced in terms of the points of view rep2 resented and the functions to be performed by the 

3 advisory panel. 

4 (3) INCLUSION.—The advisory panel shall in5 clude experts in ecological restoration, fire ecology, 

6 fire management, rural economic development, strat7 egies for ecological adaptation to climate change, 

8 fish and wildlife ecology, and woody biomass and 

9 small-diameter tree utilization. 

10 (f) COLLABORATIVE FOREST LANDSCAPE RESTORA11 TION FUND.— 

12 (1) ESTABLISHMENT.—There is established in 

13 the Treasury of the United States a fund, to be 

14 known as the ‘‘Collaborative Forest Landscape Res15 toration Fund’’, to be used to pay up to 50 percent 

16 of the cost of carrying out and monitoring ecological 

17 restoration treatments on National Forest System 

18 land for each proposal selected to be carried out 

19 under subsection (d). 

20 (2) INCLUSION.—The cost of carrying out eco21 logical restoration treatments as provided in para22 graph (1) may, as the Secretary determines to be 

23 appropriate, include cancellation and termination 

24 costs required to be obligated for contracts to carry 

25 out ecological restoration treatments on National 


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1 Forest System land for each proposal selected to be 

2 carried out under subsection (d). 

3 (3) CONTENTS.—The Fund shall consist of 

4 such amounts as are appropriated to the Fund 

5 under paragraph (6). 

6 (4) EXPENDITURES FROM FUND.— 

7 (A) IN GENERAL.—On request by the Sec8 retary, the Secretary of the Treasury shall 

9 transfer from the Fund to the Secretary such 

10 amounts as the Secretary determines are appro11 priate, in accordance with paragraph (1). 

12 (B) LIMITATION.—The Secretary shall not 

13 expend money from the Fund on any 1 pro14 posal— 

15 (i) during a period of more than 10 

16 fiscal years; or 

17 (ii) in excess of $4,000,000 in any 1 

18 fiscal year. 

19 (5) ACCOUNTING AND REPORTING SYSTEM.— 

20 The Secretary shall establish an accounting and re21 porting system for the Fund. 

22 (6) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Fund 

24 $40,000,000 for each of fiscal years 2009 through 

25 2019, to remain available until expended. 


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1 (g) PROGRAM IMPLEMENTATION AND MONI2 TORING.— 

3 (1) WORK PLAN.—Not later than 180 days 

4 after the date on which a proposal is selected to be 

5 carried out, the Secretary shall create, in collabora6 tion with the interested persons, an implementation 

7 work plan and budget to implement the proposal 

8 that includes— 

9 (A) a description of the manner in which 

10 the proposal would be implemented to achieve 

11 ecological and community economic benefit, in12 cluding capacity building to accomplish restora13 tion; 

14 (B) a business plan that addresses— 

15 (i) the anticipated unit treatment cost 

16 reductions over 10 years; 

17 (ii) the anticipated costs for infra18 structure needed for the proposal; 

19 (iii) the projected sustainability of the 

20 supply of woody biomass and small-diame21 ter trees removed in ecological restoration 

22 treatments; and 

23 (iv) the projected local economic bene24 fits of the proposal; 


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1 (C) documentation of the non-Federal in2 vestment in the priority landscape, including 

3 the sources and uses of the investments; and 

4 (D) a plan to decommission any temporary 

5 roads established to carry out the proposal. 

6 (2) PROJECT IMPLEMENTATION.—Amounts 

7 transferred to the Secretary from the Fund shall be 

8 used to carry out ecological restoration treatments 

9 that are— 

10 (A) consistent with the proposal and strat11 egy; and 

12 (B) identified through the collaborative 

13 process described in subsection (b)(2). 

14 (3) ANNUAL REPORT.—The Secretary, in col15 laboration with the Secretary of the Interior and in16 terested persons, shall prepare an annual report on 

17 the accomplishments of each selected proposal that 

18 includes— 

19 (A) a description of all acres (or other ap20 propriate unit) treated and restored through 

21 projects implementing the strategy; 

22 (B) an evaluation of progress, including 

23 performance measures and how prior year eval24 uations have contributed to improved project 

25 performance; 


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1 (C) a description of community benefits 

2 achieved, including any local economic benefits; 

3 (D) the results of the multiparty moni4 toring, evaluation, and accountability process 

5 under paragraph (4); and 

6 (E) a summary of the costs of— 

7 (i) treatments; and 

8 (ii) relevant fire management activi9 ties. 

10 (4) MULTIPARTY MONITORING.—The Secretary 

11 shall, in collaboration with the Secretary of the Inte12 rior and interested persons, use a multiparty moni13 toring, evaluation, and accountability process to as14 sess the positive or negative ecological, social, and 

15 economic effects of projects implementing a selected 

16 proposal for not less than 15 years after project im17 plementation commences. 

18 (h) REPORT.—Not later than 5 years after the first 

19 fiscal year in which funding is made available to carry out 

20 ecological restoration projects under the program, and 

21 every 5 years thereafter, the Secretary, in consultation 

22 with the Secretary of the Interior, shall submit a report 

23 on the program, including an assessment of whether, and 

24 to what extent, the program is fulfilling the purposes of 

25 this title, to— 


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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; 

3 (2) the Committee on Appropriations of the 

4 Senate; 

5 (3) the Committee on Natural Resources of the 

6 House of Representatives; and 

7 (4) the Committee on Appropriations of the 

8 House of Representatives. 

9 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary and the Secretary of the Interior such sums as are 

12 necessary to carry out this title. 

13 TITLE V—RIVERS AND TRAILS 

14 Subtitle A—Additions to the Na15 tional Wild and Scenic Rivers 

16 System 

17 SEC. 501. FOSSIL CREEK, ARIZONA. 

18 Section 3(a) of the Wild and Scenic Rivers Act (16 

19 U.S.C. 1274(a)) (as amended by section 154(a)) is amend20 ed by adding at the end the following: 

21 ‘‘(196) FOSSIL CREEK, ARIZONA.—Approxi22 mately 16.8 miles of Fossil Creek from the con23 fluence of Sand Rock and Calf Pen Canyons to the 

24 confluence with the Verde River, to be administered 


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1 by the Secretary of Agriculture in the following 

2 classes: 

3 ‘‘(A) The approximately 2.7-mile segment 

4 from the confluence of Sand Rock and Calf Pen 

5 Canyons to the point where the segment exits 

6 the Fossil Spring Wilderness, as a wild river. 

7 ‘‘(B) The approximately 7.5-mile segment 

8 from where the segment exits the Fossil Creek 

9 Wilderness to the boundary of the Mazatzal 

10 Wilderness, as a recreational river. 

11 ‘‘(C) The 6.6-mile segment from the 

12 boundary of the Mazatzal Wilderness down13 stream to the confluence with the Verde River, 

14 as a wild river.’’. 

15 SEC. 502. SNAKE RIVER HEADWATERS, WYOMING. 

16 (a) FINDINGS; PURPOSES.— 

17 (1) FINDINGS.—Congress finds that— 

18 (A) the headwaters of the Snake River 

19 System in northwest Wyoming feature some of 

20 the cleanest sources of freshwater, healthiest 

21 native trout fisheries, and most intact rivers 

22 and streams in the lower 48 States; 

23 (B) the rivers and streams of the head24 waters of the Snake River System— 


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1 (i) provide unparalleled fishing, hunt2 ing, boating, and other recreational activi3 ties for— 

4 (I) local residents; and 

5 (II) millions of visitors from 

6 around the world; and 

7 (ii) are national treasures; 

8 (C) each year, recreational activities on the 

9 rivers and streams of the headwaters of the 

10 Snake River System generate millions of dollars 

11 for the economies of— 

12 (i) Teton County, Wyoming; and 

13 (ii) Lincoln County, Wyoming; 

14 (D) to ensure that future generations of 

15 citizens of the United States enjoy the benefits 

16 of the rivers and streams of the headwaters of 

17 the Snake River System, Congress should apply 

18 the protections provided by the Wild and Scenic 

19 Rivers Act (16 U.S.C. 1271 et seq.) to those 

20 rivers and streams; and 

21 (E) the designation of the rivers and 

22 streams of the headwaters of the Snake River 

23 System under the Wild and Scenic Rivers Act 

24 (16 U.S.C. 1271 et seq.) will signify to the citi25 zens of the United States the importance of 


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1 maintaining the outstanding and remarkable 

2 qualities of the Snake River System while— 

3 (i) preserving public access to those 

4 rivers and streams; 

5 (ii) respecting private property rights 

6 (including existing water rights); and 

7 (iii) continuing to allow historic uses 

8 of the rivers and streams. 

9 (2) PURPOSES.—The purposes of this section 

10 are— 

11 (A) to protect for current and future gen12 erations of citizens of the United States the 

13 outstandingly remarkable scenic, natural, wild14 life, fishery, recreational, scientific, historic, and 

15 ecological values of the rivers and streams of 

16 the headwaters of the Snake River System, 

17 while continuing to deliver water and operate 

18 and maintain valuable irrigation water infra19 structure; and 

20 (B) to designate approximately 387.7 miles 

21 of the rivers and streams of the headwaters of 

22 the Snake River System as additions to the Na23 tional Wild and Scenic Rivers System. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to each river segment described in para6 graph (197) of section 3(a) of the Wild and 

7 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

8 added by subsection (c)) that is not located 

9 in— 

10 (i) Grand Teton National Park; 

11 (ii) Yellowstone National Park; 

12 (iii) the John D. Rockefeller, Jr. Me13 morial Parkway; or 

14 (iv) the National Elk Refuge; and 

15 (B) the Secretary of the Interior, with re16 spect to each river segment described in para17 graph (197) of section 3(a) of the Wild and 

18 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

19 added by subsection (c)) that is located in— 

20 (i) Grand Teton National Park; 

21 (ii) Yellowstone National Park; 

22 (iii) the John D. Rockefeller, Jr. Me23 morial Parkway; or 

24 (iv) the National Elk Refuge. 


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

2 of Wyoming. 

3 (c) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE

4 RIVER SYSTEM.—Section 3(a) of the Wild and Scenic Riv5 ers Act (16 U.S.C. 1274(a)) (as amended by section 501) 

6 is amended by adding at the end the following: 

7 ‘‘(197) WILD AND SCENIC RIVER DESIGNA8 TIONS, SNAKE RIVER SYSTEM.—The following seg9 ments of the Snake River System, in the State of 

10 Wyoming: 

11 ‘‘(A) BAILEY CREEK.—The 7-mile segment 

12 of Bailey Creek, from the divide with the Little 

13 Greys River north to its confluence with the 

14 Snake River, as a wild river. 

15 ‘‘(B) BLACKROCK CREEK.—The 22-mile 

16 segment from its source to the Bridger-Teton 

17 National Forest boundary, as a scenic river. 

18 ‘‘(C) BUFFALO FORK OF THE SNAKE

19 RIVER.—The portions of the Buffalo Fork of 

20 the Snake River, consisting of— 

21 ‘‘(i) the 55-mile segment consisting of 

22 the North Fork, the Soda Fork, and the 

23 South Fork, upstream from Turpin Mead24 ows, as a wild river; 


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1 ‘‘(ii) the 14-mile segment from Turpin 

2 Meadows to the upstream boundary of 

3 Grand Teton National Park, as a scenic 

4 river; and 

5 ‘‘(iii) the 7.7-mile segment from the 

6 upstream boundary of Grand Teton Na7 tional Park to its confluence with the 

8 Snake River, as a scenic river. 

9 ‘‘(D) CRYSTAL CREEK.—The portions of 

10 Crystal Creek, consisting of— 

11 ‘‘(i) the 14-mile segment from its 

12 source to the Gros Ventre Wilderness 

13 boundary, as a wild river; and 

14 ‘‘(ii) the 5-mile segment from the 

15 Gros Ventre Wilderness boundary to its 

16 confluence with the Gros Ventre River, as 

17 a scenic river. 

18 ‘‘(E) GRANITE CREEK.—The portions of 

19 Granite Creek, consisting of— 

20 ‘‘(i) the 12-mile segment from its 

21 source to the end of Granite Creek Road, 

22 as a wild river; and 

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1 stream from its confluence with the 

2 Hoback River, as a scenic river. 

3 ‘‘(F) GROS VENTRE RIVER.—The portions 

4 of the Gros Ventre River, consisting of— 

5 ‘‘(i) the 16.5-mile segment from its 

6 source to Darwin Ranch, as a wild river; 

7 ‘‘(ii) the 39-mile segment from Dar8 win Ranch to the upstream boundary of 

9 Grand Teton National Park, excluding the 

10 section along Lower Slide Lake, as a sce11 nic river; and 

12 ‘‘(iii) the 3.3-mile segment flowing 

13 across the southern boundary of Grand 

14 Teton National Park to the Highlands 

15 Drive Loop Bridge, as a scenic river. 

16 ‘‘(G) HOBACK RIVER.—The 10-mile seg17 ment from the point 10 miles upstream from its 

18 confluence with the Snake River to its con19 fluence with the Snake River, as a recreational 

20 river. 

21 ‘‘(H) LEWIS RIVER.—The portions of the 

22 Lewis River, consisting of— 

23 ‘‘(i) the 5-mile segment from Sho24 shone Lake to Lewis Lake, as a wild river; 

25 and 


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1 ‘‘(ii) the 12-mile segment from the 

2 outlet of Lewis Lake to its confluence with 

3 the Snake River, as a scenic river. 

4 ‘‘(I) PACIFIC CREEK.—The portions of Pa5 cific Creek, consisting of— 

6 ‘‘(i) the 22.5-mile segment from its 

7 source to the Teton Wilderness boundary, 

8 as a wild river; and 

9 ‘‘(ii) the 11-mile segment from the 

10 Wilderness boundary to its confluence with 

11 the Snake River, as a scenic river. 

12 ‘‘(J) SHOAL CREEK.—The 8-mile segment 

13 from its source to the point 8 miles downstream 

14 from its source, as a wild river. 

15 ‘‘(K) SNAKE RIVER.—The portions of the 

16 Snake River, consisting of— 

17 ‘‘(i) the 47-mile segment from its 

18 source to Jackson Lake, as a wild river; 

19 ‘‘(ii) the 24.8-mile segment from 1 

20 mile downstream of Jackson Lake Dam to 

21 1 mile downstream of the Teton Park 

22 Road bridge at Moose, Wyoming, as a sce23 nic river; and 

24 ‘‘(iii) the 19-mile segment from the 

25 mouth of the Hoback River to the point 1 


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1 mile upstream from the Highway 89 bridge 

2 at Alpine Junction, as a recreational river, 

3 the boundary of the western edge of the 

4 corridor for the portion of the segment ex5 tending from the point 3.3 miles down6 stream of the mouth of the Hoback River 

7 to the point 4 miles downstream of the 

8 mouth of the Hoback River being the ordi9 nary high water mark. 

10 ‘‘(L) WILLOW CREEK.—The 16.2-mile seg11 ment from the point 16.2 miles upstream from 

12 its confluence with the Hoback River to its con13 fluence with the Hoback River, as a wild river. 

14 ‘‘(M) WOLF CREEK.—The 7-mile segment 

15 from its source to its confluence with the Snake 

16 River, as a wild river.’’. 

17 (d) MANAGEMENT.— 

18 (1) IN GENERAL.—Each river segment de19 scribed in paragraph (197) of section 3(a) of the 

20 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

21 added by subsection (c)) shall be managed by the 

22 Secretary concerned. 

23 (2) MANAGEMENT PLAN.— 

24 (A) IN GENERAL.—In accordance with 

25 subparagraph (A), not later than 3 years after 


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1 the date of enactment of this Act, the Secretary 

2 concerned shall develop a management plan for 

3 each river segment described in paragraph 

4 (197) of section 3(a) of the Wild and Scenic 

5 Rivers Act (16 U.S.C. 1274(a)) (as added by 

6 subsection (c)) that is located in an area under 

7 the jurisdiction of the Secretary concerned. 

8 (B) REQUIRED COMPONENT.—Each man9 agement plan developed by the Secretary con10 cerned under subparagraph (A) shall contain, 

11 with respect to the river segment that is the 

12 subject of the plan, a section that contains an 

13 analysis and description of the availability and 

14 compatibility of future development with the 

15 wild and scenic character of the river segment 

16 (with particular emphasis on each river segment 

17 that contains 1 or more parcels of private land). 

18 (3) QUANTIFICATION OF WATER RIGHTS RE19 SERVED BY RIVER SEGMENTS.— 

20 (A) The Secretary concerned shall apply 

21 for the quantification of the water rights re22 served by each river segment designated by this 

23 section in accordance with the procedural re24 quirements of the laws of the State of Wyo25 ming. 


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1 (B) For the purpose of the quantification 

2 of water rights under this subsection, with re3 spect to each Wild and Scenic River segment 

4 designated by this section— 

5 (i) the purposes for which the seg6 ments are designated, as set forth in this 

7 section, are declared to be beneficial uses; 

8 and 

9 (ii) the priority date of such right 

10 shall be the date of enactment of this Act. 

11 (4) STREAM GAUGES.—Consistent with the 

12 Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

13 seq.), the Secretary may carry out activities at 

14 United States Geological Survey stream gauges that 

15 are located on the Snake River (including tributaries 

16 of the Snake River), including flow measurements 

17 and operation, maintenance, and replacement. 

18 (5) CONSENT OF PROPERTY OWNER.—No prop19 erty or interest in property located within the bound20 aries of any river segment described in paragraph 

21 (197) of section 3(a) of the Wild and Scenic Rivers 

22 Act (16 U.S.C. 1274(a)) (as added by subsection 

23 (c)) may be acquired by the Secretary without the 

24 consent of the owner of the property or interest in 

25 property. 


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1 (6) EFFECT OF DESIGNATIONS.— 

2 (A) IN GENERAL.—Nothing in this section 

3 affects valid existing rights, including— 

4 (i) all interstate water compacts in ex5 istence on the date of enactment of this 

6 Act (including full development of any ap7 portionment made in accordance with the 

8 compacts); 

9 (ii) water rights in the States of Idaho 

10 and Wyoming; and 

11 (iii) water rights held by the United 

12 States. 

13 (B) JACKSON LAKE; JACKSON LAKE

14 DAM.—Nothing in this section shall affect the 

15 management and operation of Jackson Lake or 

16 Jackson Lake Dam. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

20 SEC. 503. TAUNTON RIVER, MASSACHUSETTS. 

21 (a) DESIGNATION.—Section 3(a) of the Wild and 

22 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 

23 section 502) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(198) TAUNTON RIVER, MASSACHUSETTS.— 

2 The main stem of the Taunton River from its head3 waters at the confluence of the Town and Matfield 

4 Rivers in the Town of Bridgewater downstream 40 

5 miles to the confluence with the Quequechan River 

6 at the Route 195 Bridge in the City of Fall River, 

7 to be administered by the Secretary of the Interior 

8 in cooperation with the Taunton River Stewardship 

9 Council as follows: 

10 ‘‘(A) The 18-mile segment from the con11 fluence of the Town and Matfield Rivers to 

12 Route 24 in the Town of Raynham, as a scenic 

13 river. 

14 ‘‘(B) The 5-mile segment from Route 24 to 

15 0.5 miles below Weir Bridge in the City of 

16 Taunton, as a recreational river. 

17 ‘‘(C) The 8-mile segment from 0.5 miles 

18 below Weir Bridge to Muddy Cove in the Town 

19 of Dighton, as a scenic river. 

20 ‘‘(D) The 9-mile segment from Muddy 

21 Cove to the confluence with the Quequechan 

22 River at the Route 195 Bridge in the City of 

23 Fall River, as a recreational river.’’. 

24 (b) MANAGEMENT OF TAUNTON RIVER, MASSACHU25 SETTS.— 


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1 (1) TAUNTON RIVER STEWARDSHIP PLAN.— 

2 (A) IN GENERAL.—Each river segment 

3 designated by section 3(a)(198) of the Wild and 

4 Scenic Rivers Act (as added by subsection (a)) 

5 shall be managed in accordance with the Taun6 ton River Stewardship Plan, dated July 2005 

7 (including any amendment to the Taunton 

8 River Stewardship Plan that the Secretary of 

9 the Interior (referred to in this subsection as 

10 the ‘‘Secretary’’) determines to be consistent 

11 with this section). 

12 (B) EFFECT.—The Taunton River Stew13 ardship Plan described in subparagraph (A) 

14 shall be considered to satisfy each requirement 

15 relating to the comprehensive management plan 

16 required under section 3(d) of the Wild and 

17 Scenic Rivers Act (16 U.S.C. 1274(d)). 

18 (2) COOPERATIVE AGREEMENTS.—To provide 

19 for the long-term protection, preservation, and en20 hancement of each river segment designated by sec21 tion 3(a)(198) of the Wild and Scenic Rivers Act (as 

22 added by subsection (a)), pursuant to sections 10(e) 

23 and 11(b)(1) of the Wild and Scenic Rivers Act (16 

24 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may 

25 enter into cooperative agreements (which may inVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 clude provisions for financial and other assistance) 

2 with— 

3 (A) the Commonwealth of Massachusetts 

4 (including political subdivisions of the Common5 wealth of Massachusetts); 

6 (B) the Taunton River Stewardship Coun7 cil; and 

8 (C) any appropriate nonprofit organiza9 tion, as determined by the Secretary. 

10 (3) RELATION TO NATIONAL PARK SYSTEM.— 

11 Notwithstanding section 10(c) of the Wild and Sce12 nic Rivers Act (16 U.S.C. 1281(c)), each river seg13 ment designated by section 3(a)(198) of the Wild 

14 and Scenic Rivers Act (as added by subsection (a)) 

15 shall not be— 

16 (A) administered as a unit of the National 

17 Park System; or 

18 (B) subject to the laws (including regula19 tions) that govern the administration of the Na20 tional Park System. 

21 (4) LAND MANAGEMENT.— 

22 (A) ZONING ORDINANCES.—The zoning or23 dinances adopted by the Towns of Bridgewater, 

24 Halifax, Middleborough, Raynham, Berkley, 

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1 ies of Taunton and Fall River, Massachusetts 

2 (including any provision of the zoning ordi3 nances relating to the conservation of 

4 floodplains, wetlands, and watercourses associ5 ated with any river segment designated by sec6 tion 3(a)(198) of the Wild and Scenic Rivers 

7 Act (as added by subsection (a))), shall be con8 sidered to satisfy each standard and require9 ment described in section 6(c) of the Wild and 

10 Scenic Rivers Act (16 U.S.C. 1277(c)). 

11 (B) VILLAGES.—For the purpose of sec12 tion 6(c) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1277(c)), each town described in sub14 paragraph (A) shall be considered to be a vil15 lage. 

16 (C) ACQUISITION OF LAND.— 

17 (i) LIMITATION OF AUTHORITY OF

18 SECRETARY.—With respect to each river 

19 segment designated by section 3(a)(198) of 

20 the Wild and Scenic Rivers Act (as added 

21 by subsection (a)), the Secretary may only 

22 acquire parcels of land— 

23 (I) by donation; or 

24 (II) with the consent of the 

25 owner of the parcel of land. 


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1 (ii) PROHIBITION RELATING TO AC2 QUISITION OF LAND BY CONDEMNATION.— 

3 In accordance with section 6(c) of the Wild 

4 and Scenic Rivers Act (16 U.S.C. 

5 1277(c)), with respect to each river seg6 ment designated by section 3(a)(198) of 

7 the Wild and Scenic Rivers Act (as added 

8 by subsection (a)), the Secretary may not 

9 acquire any parcel of land by condemna10 tion. 

11 Subtitle B—Additions to the 

12 National Trails System 

13 SEC. 511. ARIZONA NATIONAL SCENIC TRAIL. 

14 Section 5(a) of the National Trails System Act (16 

15 U.S.C. 1244(a)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— 

18 ‘‘(A) IN GENERAL.—The Arizona National 

19 Scenic Trail, extending approximately 807 miles 

20 across the State of Arizona from the U.S.–Mex21 ico international border to the Arizona–Utah 

22 border, as generally depicted on the map enti23 tled ‘Arizona National Scenic Trail’ and dated 

24 December 5, 2007, to be administered by the 

25 Secretary of Agriculture, in consultation with 


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1 the Secretary of the Interior and appropriate 

2 State, tribal, and local governmental agencies. 

3 ‘‘(B) AVAILABILITY OF MAP.—The map 

4 shall be on file and available for public inspec5 tion in appropriate offices of the Forest Serv6 ice.’’. 

7 SEC. 512. NEW ENGLAND NATIONAL SCENIC TRAIL. 

8 (a) AUTHORIZATION AND ADMINISTRATION.—Sec9 tion 5(a) of the National Trails System Act (16 U.S.C. 

10 1244(a)) (as amended by section 511) is amended by add11 ing at the end the following: 

12 ‘‘(28) NEW ENGLAND NATIONAL SCENIC

13 TRAIL.—The New England National Scenic Trail, a 

14 continuous trail extending approximately 220 miles 

15 from the border of New Hampshire in the town of 

16 Royalston, Massachusetts to Long Island Sound in 

17 the town of Guilford, Connecticut, as generally de18 picted on the map titled ‘New England National 

19 Scenic Trail Proposed Route’, numbered T06/ 

20 80,000, and dated October 2007. The map shall be 

21 on file and available for public inspection in the ap22 propriate offices of the National Park Service. The 

23 Secretary of the Interior, in consultation with appro24 priate Federal, State, tribal, regional, and local 

25 agencies, and other organizations, shall administer 


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1 the trail after considering the recommendations of 

2 the report titled the ‘Metacomet Monadnock 

3 Mattabesset Trail System National Scenic Trail 

4 Feasibility Study and Environmental Assessment’, 

5 prepared by the National Park Service, and dated 

6 Spring 2006. The United States shall not acquire 

7 for the trail any land or interest in land without the 

8 consent of the owner.’’. 

9 (b) MANAGEMENT.—The Secretary of the Interior 

10 (referred to in this section as the ‘‘Secretary’’) shall con11 sider the actions outlined in the Trail Management Blue12 print described in the report titled the ‘‘Metacomet Mo13 nadnock Mattabesett Trail System National Scenic Trail 

14 Feasibility Study and Environmental Assessment’’, pre15 pared by the National Park Service, and dated Spring 

16 2006, as the framework for management and administra17 tion of the New England National Scenic Trail. Additional 

18 or more detailed plans for administration, management, 

19 protection, access, maintenance, or development of the 

20 trail may be developed consistent with the Trail Manage21 ment Blueprint, and as approved by the Secretary. 

22 (c) COOPERATIVE AGREEMENTS.—The Secretary is 

23 authorized to enter into cooperative agreements with the 

24 Commonwealth of Massachusetts (and its political subdivi25 sions), the State of Connecticut (and its political subdiviVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 sions), and other regional, local, and private organizations 

2 deemed necessary and desirable to accomplish cooperative 

3 trail administrative, management, and protection objec4 tives consistent with the Trail Management Blueprint. An 

5 agreement under this subsection may include provisions 

6 for limited financial assistance to encourage participation 

7 in the planning, acquisition, protection, operation, develop8 ment, or maintenance of the trail. 

9 (d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to 

10 section 6 of the National Trails System Act (16 U.S.C. 

11 1245), the Secretary is encouraged to work with the State 

12 of New Hampshire and appropriate local and private orga13 nizations to include that portion of the Metacomet-Monad14 nock Trail in New Hampshire (which lies between 

15 Royalston, Massachusetts and Jaffrey, New Hampshire) 

16 as a component of the New England National Scenic 

17 Trail. Inclusion of this segment, as well as other potential 

18 side or connecting trails, is contingent upon written appli19 cation to the Secretary by appropriate State and local ju20 risdictions and a finding by the Secretary that trail man21 agement and administration is consistent with the Trail 

22 Management Blueprint. 

23 SEC. 513. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. 

24 (a) FINDINGS; PURPOSE.— 

25 (1) FINDINGS.—Congress finds that— 


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1 (A) at the end of the last Ice Age, some 

2 12,000 to 17,000 years ago, a series of cata3 clysmic floods occurred in what is now the 

4 northwest region of the United States, leaving 

5 a lasting mark of dramatic and distinguishing 

6 features on the landscape of parts of the States 

7 of Montana, Idaho, Washington and Oregon; 

8 (B) geological features that have excep9 tional value and quality to illustrate and inter10 pret this extraordinary natural phenomenon are 

11 present on Federal, State, tribal, county, mu12 nicipal, and private land in the region; and 

13 (C) in 2001, a joint study team headed by 

14 the National Park Service that included about 

15 70 members from public and private entities 

16 completed a study endorsing the establishment 

17 of an Ice Age Floods National Geologic Trail— 

18 (i) to recognize the national signifi19 cance of this phenomenon; and 

20 (ii) to coordinate public and private 

21 sector entities in the presentation of the 

22 story of the Ice Age floods. 

23 (2) PURPOSE.—The purpose of this section is 

24 to designate the Ice Age Floods National Geologic 

25 Trail in the States of Montana, Idaho, Washington, 


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1 and Oregon, enabling the public to view, experience, 

2 and learn about the features and story of the Ice 

3 Age floods through the collaborative efforts of public 

4 and private entities. 

5 (b) DEFINITIONS.—In this section: 

6 (1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice 

7 Age floods’’ or ‘‘floods’’ means the cataclysmic floods 

8 that occurred in what is now the northwestern 

9 United States during the last Ice Age from massive, 

10 rapid and recurring drainage of Glacial Lake in Mis11 soula, Montana. 

12 (2) PLAN.—The term ‘‘plan’’ means the cooper13 ative management and interpretation plan author14 ized under subsection (f)(5). 

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

16 the Secretary of the Interior. 

17 (4) TRAIL.—The term ‘‘Trail’’ means the Ice 

18 Age Floods National Geologic Trail designated by 

19 subsection (c). 

20 (c) DESIGNATION.—In order to provide for public ap21 preciation, understanding, and enjoyment of the nationally 

22 significant natural and cultural features of the Ice Age 

23 floods and to promote collaborative efforts for interpreta24 tion and education among public and private entities loVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 cated along the pathways of the floods, there is designated 

2 the Ice Age Floods National Geologic Trail. 

3 (d) LOCATION.— 

4 (1) MAP.—The route of the Trail shall be gen5 erally depicted on the map entitled ‘‘Ice Age Floods 

6 National Geologic Trail,’’ numbered P43/80,000 and 

7 dated June 2004. 

8 (2) ROUTE.—The route shall generally follow 

9 public roads and highways. 

10 (3) REVISION.—The Secretary may revise the 

11 map by publication in the Federal Register of a no12 tice of availability of a new map as part of the plan. 

13 (e) MAP AVAILABILITY.—The map referred to in sub14 section (d)(1) shall be on file and available for public in15 spection in the appropriate offices of the National Park 

16 Service. 

17 (f) ADMINISTRATION.— 

18 (1) IN GENERAL.—The Secretary, acting 

19 through the Director of the National Park Service, 

20 shall administer the Trail in accordance with this 

21 section. 

22 (2) LIMITATION.—Except as provided in para23 graph (6)(B), the Trail shall not be considered to be 

24 a unit of the National Park System. 


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1 (3) TRAIL MANAGEMENT OFFICE.—To improve 

2 management of the Trail and coordinate Trail activi3 ties with other public agencies and private entities, 

4 the Secretary may establish and operate a trail man5 agement office at a central location within the vicin6 ity of the Trail. 

7 (4) INTERPRETIVE FACILITIES.—The Secretary 

8 may plan, design, and construct interpretive facili9 ties for sites associated with the Trail if the facilities 

10 are constructed in partnership with State, local, trib11 al, or non-profit entities and are consistent with the 

12 plan. 

13 (5) MANAGEMENT PLAN.— 

14 (A) IN GENERAL.—Not later than 3 years 

15 after funds are made available to carry out this 

16 section, the Secretary shall prepare a coopera17 tive management and interpretation plan for 

18 the Trail. 

19 (B) CONSULTATION.—The Secretary shall 

20 prepare the plan in consultation with— 

21 (i) State, local, and tribal govern22 ments; 

23 (ii) the Ice Age Floods Institute; 

24 (iii) private property owners; and 

25 (iv) other interested parties. 


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1 (C) CONTENTS.—The plan shall— 

2 (i) confirm and, if appropriate, ex3 pand on the inventory of features of the 

4 floods contained in the National Park 

5 Service study entitled ‘‘Ice Age Floods, 

6 Study of Alternatives and Environmental 

7 Assessment’’ (February 2001) by— 

8 (I) locating features more accu9 rately; 

10 (II) improving the description of 

11 features; and 

12 (III) reevaluating the features in 

13 terms of their interpretive potential; 

14 (ii) review and, if appropriate, modify 

15 the map of the Trail referred to in sub16 section (d)(1); 

17 (iii) describe strategies for the coordi18 nated development of the Trail, including 

19 an interpretive plan for facilities, waysides, 

20 roadside pullouts, exhibits, media, and pro21 grams that present the story of the floods 

22 to the public effectively; and 

23 (iv) identify potential partnering op24 portunities in the development of interpre25 tive facilities and educational programs to 


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1 educate the public about the story of the 

2 floods. 

3 (6) COOPERATIVE MANAGEMENT.— 

4 (A) IN GENERAL.—In order to facilitate 

5 the development of coordinated interpretation, 

6 education, resource stewardship, visitor facility 

7 development and operation, and scientific re8 search associated with the Trail and to promote 

9 more efficient administration of the sites associ10 ated with the Trail, the Secretary may enter 

11 into cooperative management agreements with 

12 appropriate officials in the States of Montana, 

13 Idaho, Washington, and Oregon in accordance 

14 with the authority provided for units of the Na15 tional Park System under section 3(l) of Public 

16 Law 91–383 (16 U.S.C. 1a–2(l)). 

17 (B) AUTHORITY.—For purposes of this 

18 paragraph only, the Trail shall be considered a 

19 unit of the National Park System. 

20 (7) COOPERATIVE AGREEMENTS.—The Sec21 retary may enter into cooperative agreements with 

22 public or private entities to carry out this section. 

23 (8) EFFECT ON PRIVATE PROPERTY RIGHTS.— 

24 Nothing in this section— 


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1 (A) requires any private property owner to 

2 allow public access (including Federal, State, or 

3 local government access) to private property; or 

4 (B) modifies any provision of Federal, 

5 State, or local law with respect to public access 

6 to or use of private land. 

7 (9) LIABILITY.—Designation of the Trail by 

8 subsection (c) does not create any liability for, or af9 fect any liability under any law of, any private prop10 erty owner with respect to any person injured on the 

11 private property. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section, of which not more than 

15 $12,000,000 may be used for development of the Trail. 

16 SEC. 514. WASHINGTON-ROCHAMBEAU REVOLUTIONARY 

17 ROUTE NATIONAL HISTORIC TRAIL. 

18 Section 5(a) of the National Trails System Act (16 

19 U.S.C. 1244(a)) (as amended by section 512(a)) is amend20 ed by adding at the end the following: 

21 ‘‘(29) WASHINGTON-ROCHAMBEAU REVOLU22 TIONARY ROUTE NATIONAL HISTORIC TRAIL.— 

23 ‘‘(A) IN GENERAL.—The Washington-Ro24 chambeau Revolutionary Route National His25 toric Trail, a corridor of approximately 600 


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1 miles following the route taken by the armies of 

2 General George Washington and Count Ro3 chambeau between Newport, Rhode Island, and 

4 Yorktown, Virginia, in 1781 and 1782, as gen5 erally depicted on the map entitled ‘WASH6 INGTON-ROCHAMBEAU REVOLU7 TIONARY ROUTE NATIONAL HISTORIC 

8 TRAIL’, numbered T01/80,001, and dated 

9 June 2007. 

10 ‘‘(B) MAP.—The map referred to in sub11 paragraph (A) shall be on file and available for 

12 public inspection in the appropriate offices of 

13 the National Park Service. 

14 ‘‘(C) ADMINISTRATION.—The trail shall be 

15 administered by the Secretary of the Interior, 

16 in consultation with— 

17 ‘‘(i) other Federal, State, tribal, re18 gional, and local agencies; and 

19 ‘‘(ii) the private sector. 

20 ‘‘(D) LAND ACQUISITION.—The United 

21 States shall not acquire for the trail any land 

22 or interest in land outside the exterior boundary 

23 of any federally-managed area without the con24 sent of the owner of the land or interest in 

25 land.’’. 


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1 Subtitle C—National Trail System 

2 Amendments 

3 SEC. 521. NATIONAL TRAILS SYSTEM WILLING SELLER AU4 THORITY. 

5 (a) AUTHORITY TO ACQUIRE LAND FROM WILLING

6 SELLERS FOR CERTAIN TRAILS.— 

7 (1) OREGON NATIONAL HISTORIC TRAIL.—Sec8 tion 5(a)(3) of the National Trails System Act (16 

9 U.S.C. 1244(a)(3)) is amended by adding at the end 

10 the following: ‘‘No land or interest in land outside 

11 the exterior boundaries of any federally administered 

12 area may be acquired by the Federal Government 

13 for the trail except with the consent of the owner of 

14 the land or interest in land. The authority of the 

15 Federal Government to acquire fee title under this 

16 paragraph shall be limited to an average of not more 

than 1 17 ⁄4 mile on either side of the trail.’’. 

18 (2) MORMON PIONEER NATIONAL HISTORIC

19 TRAIL.—Section 5(a)(4) of the National Trails Sys20 tem Act (16 U.S.C. 1244(a)(4)) is amended by add21 ing at the end the following: ‘‘No land or interest in 

22 land outside the exterior boundaries of any federally 

23 administered area may be acquired by the Federal 

24 Government for the trail except with the consent of 

25 the owner of the land or interest in land. The auVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 thority of the Federal Government to acquire fee 

2 title under this paragraph shall be limited to an average of not more than 1 3 ⁄4 mile on either side of the 

4 trail.’’. 

5 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

6 TRAIL.—Section 5(a)(5) of the National Trails Sys7 tem Act (16 U.S.C. 1244(a)(5)) is amended by add8 ing at the end the following: ‘‘No land or interest in 

9 land outside the exterior boundaries of any federally 

10 administered area may be acquired by the Federal 

11 Government for the trail except with the consent of 

12 the owner of the land or interest in land. The au13 thority of the Federal Government to acquire fee 

14 title under this paragraph shall be limited to an average of not more than 1 15 ⁄4 mile on either side of the 

16 trail.’’. 

17 (4) LEWIS AND CLARK NATIONAL HISTORIC

18 TRAIL.—Section 5(a)(6) of the National Trails Sys19 tem Act (16 U.S.C. 1244(a)(6)) is amended by add20 ing at the end the following: ‘‘No land or interest in 

21 land outside the exterior boundaries of any federally 

22 administered area may be acquired by the Federal 

23 Government for the trail except with the consent of 

24 the owner of the land or interest in land. The au25 thority of the Federal Government to acquire fee 


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1 title under this paragraph shall be limited to an average of not more than 1 2 ⁄4 mile on either side of the 

3 trail.’’. 

4 (5) IDITAROD NATIONAL HISTORIC TRAIL.— 

5 Section 5(a)(7) of the National Trails System Act 

6 (16 U.S.C. 1244(a)(7)) is amended by adding at the 

7 end the following: ‘‘No land or interest in land out8 side the exterior boundaries of any federally admin9 istered area may be acquired by the Federal Govern10 ment for the trail except with the consent of the 

11 owner of the land or interest in land. The authority 

12 of the Federal Government to acquire fee title under 

13 this paragraph shall be limited to an average of not 

more than 1 14 ⁄4 mile on either side of the trail.’’. 

15 (6) NORTH COUNTRY NATIONAL SCENIC

16 TRAIL.—Section 5(a)(8) of the National Trails Sys17 tem Act (16 U.S.C. 1244(a)(8)) is amended by add18 ing at the end the following: ‘‘No land or interest in 

19 land outside the exterior boundaries of any federally 

20 administered area may be acquired by the Federal 

21 Government for the trail except with the consent of 

22 the owner of the land or interest in land.’’. 

23 (7) ICE AGE NATIONAL SCENIC TRAIL.—Section 

24 5(a)(10) of the National Trails System Act (16 

25 U.S.C. 1244(a)(10)) is amended by adding at the 


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1 end the following: ‘‘No land or interest in land out2 side the exterior boundaries of any federally admin3 istered area may be acquired by the Federal Govern4 ment for the trail except with the consent of the 

5 owner of the land or interest in land.’’. 

6 (8) POTOMAC HERITAGE NATIONAL SCENIC

7 TRAIL.—Section 5(a)(11) of the National Trails Sys8 tem Act (16 U.S.C. 1244(a)(11)) is amended— 

9 (A) by striking the fourth and fifth sen10 tences; and 

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

12 ‘‘No land or interest in land outside the exterior 

13 boundaries of any federally administered area 

14 may be acquired by the Federal Government for 

15 the trail except with the consent of the owner 

16 of the land or interest in land.’’. 

17 (9) NEZ PERCE NATIONAL HISTORIC TRAIL.— 

18 Section 5(a)(14) of the National Trails System Act 

19 (16 U.S.C. 1244(a)(14)) is amended— 

20 (A) by striking the fourth and fifth sen21 tences; and 

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

23 ‘‘No land or interest in land outside the exterior 

24 boundaries of any federally administered area 

25 may be acquired by the Federal Government for 


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1 the trail except with the consent of the owner 

2 of the land or interest in land. The authority of 

3 the Federal Government to acquire fee title 

4 under this paragraph shall be limited to an average of not more than 1 5 ⁄4 mile on either side 

6 of the trail.’’. 

7 (b) CONFORMING AMENDMENT.—Section 10 of the 

8 National Trails System Act (16 U.S.C. 1249) is amended 

9 by striking subsection (c) and inserting the following: 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—Except as otherwise pro12 vided in this Act, there are authorized to be appro13 priated such sums as are necessary to implement the 

14 provisions of this Act relating to the trails des15 ignated by section 5(a). 

16 ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC

17 TRAIL.— 

18 ‘‘(A) IN GENERAL.—With respect to the 

19 Natchez Trace National Scenic Trail (referred 

20 to in this paragraph as the ‘trail’) designated 

21 by section 5(a)(12)— 

22 ‘‘(i) not more than $500,000 shall be 

23 appropriated for the acquisition of land or 

24 interests in land for the trail; and 


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1 ‘‘(ii) not more than $2,000,000 shall 

2 be appropriated for the development of the 

3 trail. 

4 ‘‘(B) PARTICIPATION BY VOLUNTEER

5 TRAIL GROUPS.—The administering agency for 

6 the trail shall encourage volunteer trail groups 

7 to participate in the development of the trail.’’. 

8 SEC. 522. REVISION OF FEASIBILITY AND SUITABILITY 

9 STUDIES OF EXISTING NATIONAL HISTORIC 

10 TRAILS. 

11 Section 5 of the National Trails System Act (16 

12 U.S.C. 1244) is amended by adding at the end the fol13 lowing: 

14 ‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY

15 STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) ROUTE.—The term ‘route’ includes a 

18 trail segment commonly known as a cutoff. 

19 ‘‘(B) SHARED ROUTE.—The term ‘shared 

20 route’ means a route that was a segment of 

21 more than 1 historic trail, including a route 

22 shared with an existing national historic trail. 

23 ‘‘(2) REQUIREMENTS FOR REVISION.— 

24 ‘‘(A) IN GENERAL.—The Secretary of the 

25 Interior shall revise the feasibility and suitVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ability studies for certain national trails for 

2 consideration of possible additions to the trails. 

3 ‘‘(B) STUDY REQUIREMENTS AND OBJEC4 TIVES.—The study requirements and objectives 

5 specified in subsection (b) shall apply to a study 

6 required by this subsection. 

7 ‘‘(C) COMPLETION AND SUBMISSION OF

8 STUDY.—A study listed in this subsection shall 

9 be completed and submitted to Congress not 

10 later than 3 complete fiscal years from the date 

11 funds are made available for the study. 

12 ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— 

13 ‘‘(A) STUDY REQUIRED.—The Secretary of 

14 the Interior shall undertake a study of the 

15 routes of the Oregon Trail listed in subpara16 graph (B) and generally depicted on the map 

17 entitled ‘Western Emigrant Trails 1830/1870’ 

18 and dated 1991/1993, and of such other routes 

19 of the Oregon Trail that the Secretary con20 siders appropriate, to determine the feasibility 

21 and suitability of designation of 1 or more of 

22 the routes as components of the Oregon Na23 tional Historic Trail. 


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1 ‘‘(B) COVERED ROUTES.—The routes to be 

2 studied under subparagraph (A) shall include 

3 the following: 

4 ‘‘(i) Whitman Mission route. 

5 ‘‘(ii) Upper Columbia River. 

6 ‘‘(iii) Cowlitz River route. 

7 ‘‘(iv) Meek cutoff. 

8 ‘‘(v) Free Emigrant Road. 

9 ‘‘(vi) North Alternate Oregon Trail. 

10 ‘‘(vii) Goodale’s cutoff. 

11 ‘‘(viii) North Side alternate route. 

12 ‘‘(ix) Cutoff to Barlow road. 

13 ‘‘(x) Naches Pass Trail. 

14 ‘‘(4) PONY EXPRESS NATIONAL HISTORIC

15 TRAIL.—The Secretary of the Interior shall under16 take a study of the approximately 20-mile southern 

17 alternative route of the Pony Express Trail from 

18 Wathena, Kansas, to Troy, Kansas, and such other 

19 routes of the Pony Express Trail that the Secretary 

20 considers appropriate, to determine the feasibility 

21 and suitability of designation of 1 or more of the 

22 routes as components of the Pony Express National 

23 Historic Trail. 

24 ‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 


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1 ‘‘(A) STUDY REQUIRED.—The Secretary of 

2 the Interior shall undertake a study of the Mis3 souri Valley, central, and western routes of the 

4 California Trail listed in subparagraph (B) and 

5 generally depicted on the map entitled ‘Western 

6 Emigrant Trails 1830/1870’ and dated 1991/ 

7 1993, and of such other and shared Missouri 

8 Valley, central, and western routes that the 

9 Secretary considers appropriate, to determine 

10 the feasibility and suitability of designation of 

11 1 or more of the routes as components of the 

12 California National Historic Trail. 

13 ‘‘(B) COVERED ROUTES.—The routes to be 

14 studied under subparagraph (A) shall include 

15 the following: 

16 ‘‘(i) MISSOURI VALLEY ROUTES.— 

17 ‘‘(I) Blue Mills-Independence 

18 Road. 

19 ‘‘(II) Westport Landing Road. 

20 ‘‘(III) Westport-Lawrence Road. 

21 ‘‘(IV) Fort Leavenworth-Blue 

22 River route. 

23 ‘‘(V) Road to Amazonia. 

24 ‘‘(VI) Union Ferry Route. 


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1 ‘‘(VII) Old Wyoming-Nebraska 

2 City cutoff. 

3 ‘‘(VIII) Lower Plattsmouth 

4 Route. 

5 ‘‘(IX) Lower Bellevue Route. 

6 ‘‘(X) Woodbury cutoff. 

7 ‘‘(XI) Blue Ridge cutoff. 

8 ‘‘(XII) Westport Road. 

9 ‘‘(XIII) Gum Springs-Fort Leav10 enworth route. 

11 ‘‘(XIV) Atchison/Independence 

12 Creek routes. 

13 ‘‘(XV) Fort Leavenworth-Kansas 

14 River route. 

15 ‘‘(XVI) Nebraska City cutoff 

16 routes. 

17 ‘‘(XVII) Minersville-Nebraska 

18 City Road. 

19 ‘‘(XVIII) Upper Plattsmouth 

20 route. 

21 ‘‘(XIX) Upper Bellevue route. 

22 ‘‘(ii) CENTRAL ROUTES.— 

23 ‘‘(I) Cherokee Trail, including 

24 splits. 


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1 ‘‘(II) Weber Canyon route of 

2 Hastings cutoff. 

3 ‘‘(III) Bishop Creek cutoff. 

4 ‘‘(IV) McAuley cutoff. 

5 ‘‘(V) Diamond Springs cutoff. 

6 ‘‘(VI) Secret Pass. 

7 ‘‘(VII) Greenhorn cutoff. 

8 ‘‘(VIII) Central Overland Trail. 

9 ‘‘(iii) WESTERN ROUTES.— 

10 ‘‘(I) Bidwell-Bartleson route. 

11 ‘‘(II) Georgetown/Dagget Pass 

12 Trail. 

13 ‘‘(III) Big Trees Road. 

14 ‘‘(IV) Grizzly Flat cutoff. 

15 ‘‘(V) Nevada City Road. 

16 ‘‘(VI) Yreka Trail. 

17 ‘‘(VII) Henness Pass route. 

18 ‘‘(VIII) Johnson cutoff. 

19 ‘‘(IX) Luther Pass Trail. 

20 ‘‘(X) Volcano Road. 

21 ‘‘(XI) Sacramento-Coloma 

22 Wagon Road. 

23 ‘‘(XII) Burnett cutoff. 

24 ‘‘(XIII) Placer County Road to 

25 Auburn. 


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1 ‘‘(6) MORMON PIONEER NATIONAL HISTORIC

2 TRAIL.— 

3 ‘‘(A) STUDY REQUIRED.—The Secretary of 

4 the Interior shall undertake a study of the 

5 routes of the Mormon Pioneer Trail listed in 

6 subparagraph (B) and generally depicted in the 

7 map entitled ‘Western Emigrant Trails 1830/ 

8 1870’ and dated 1991/1993, and of such other 

9 routes of the Mormon Pioneer Trail that the 

10 Secretary considers appropriate, to determine 

11 the feasibility and suitability of designation of 

12 1 or more of the routes as components of the 

13 Mormon Pioneer National Historic Trail. 

14 ‘‘(B) COVERED ROUTES.—The routes to be 

15 studied under subparagraph (A) shall include 

16 the following: 

17 ‘‘(i) 1846 Subsequent routes A and B 

18 (Lucas and Clarke Counties, Iowa). 

19 ‘‘(ii) 1856–57 Handcart route (Iowa 

20 City to Council Bluffs). 

21 ‘‘(iii) Keokuk route (Iowa). 

22 ‘‘(iv) 1847 Alternative Elkhorn and 

23 Loup River Crossings in Nebraska. 

24 ‘‘(v) Fort Leavenworth Road; Ox Bow 

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1 souri (Oregon and California Trail routes 

2 used by Mormon emigrants). 

3 ‘‘(vi) 1850 Golden Pass Road in 

4 Utah. 

5 ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL

6 ROUTES.— 

7 ‘‘(A) STUDY REQUIRED.—The Secretary of 

8 the Interior shall undertake a study of the 

9 shared routes of the California Trail and Or10 egon Trail listed in subparagraph (B) and gen11 erally depicted on the map entitled ‘Western 

12 Emigrant Trails 1830/1870’ and dated 1991/ 

13 1993, and of such other shared routes that the 

14 Secretary considers appropriate, to determine 

15 the feasibility and suitability of designation of 

16 1 or more of the routes as shared components 

17 of the California National Historic Trail and 

18 the Oregon National Historic Trail. 

19 ‘‘(B) COVERED ROUTES.—The routes to be 

20 studied under subparagraph (A) shall include 

21 the following: 

22 ‘‘(i) St. Joe Road. 

23 ‘‘(ii) Council Bluffs Road. 

24 ‘‘(iii) Sublette cutoff. 

25 ‘‘(iv) Applegate route. 


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1 ‘‘(v) Old Fort Kearny Road (Oxbow 

2 Trail). 

3 ‘‘(vi) Childs cutoff. 

4 ‘‘(vii) Raft River to Applegate.’’. 

5 TITLE VI—DEPARTMENT OF THE 

6 INTERIOR AUTHORIZATIONS 

7 Subtitle A—National Parks and 

8 Federal Recreational Lands 

9 Pass Discount 

10 SEC. 601. NATIONAL PARKS AND FEDERAL RECREATIONAL 

11 LANDS PASS FOR ELIGIBLE INDIVIDUALS. 

12 Section 805(b) of division J of the Consolidated Ap13 propriations Act, 2005 (16 U.S.C. 6804(b)), is amended 

14 by adding at the end the following: 

15 ‘‘(3) COST TO ELIGIBLE INDIVIDUALS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 make the National Parks and Federal Rec18 reational Lands Pass available, at a cost of $10 

19 (subject to the same rate of increase as the reg20 ular cost of the National Parks and Federal 

21 Recreational Lands Pass), to any individual de22 termined to be eligible under subparagraph (C). 

23 ‘‘(B) TERM.—A National Parks and Fed24 eral Recreational Lands Pass issued under this 


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1 paragraph shall be valid for 1 year after the 

2 date of issuance of the pass. 

3 ‘‘(C) PROOF OF ELIGIBILITY.—The Sec4 retary, after consultation with the Secretary of 

5 Veterans Affairs and the Secretary of Defense, 

6 shall determine the appropriate documentation 

7 that a veteran or an active duty or reserve 

8 member of the United States Armed Forces 

9 shall provide as proof that the veteran or mem10 ber is eligible for the discount available under 

11 this paragraph.’’. 

12 Subtitle B—Competitive Status for 

13 Federal Employees in Alaska 

14 SEC. 611. COMPETITIVE STATUS FOR CERTAIN FEDERAL 

15 EMPLOYEES IN THE STATE OF ALASKA. 

16 Section 1308 of the Alaska National Interest Lands 

17 Conservation Act (16 U.S.C. 3198) is amended by adding 

18 at the end the following: 

19 ‘‘(e) COMPETITIVE STATUS.— 

20 ‘‘(1) IN GENERAL.—Nothing in subsection (a) 

21 provides that any person hired pursuant to the pro22 gram established under that subsection is not eligi23 ble for competitive status in the same manner as 

24 any other employee hired as part of the competitive 

25 service. 


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1 ‘‘(2) REDESIGNATION OF CERTAIN POSI2 TIONS.— 

3 ‘‘(A) PERSONS SERVING IN ORIGINAL POSI4 TIONS.—Not later than 60 days after the date 

5 of enactment of this subsection, with respect to 

6 any person hired into a permanent position pur7 suant to the program established under sub8 section (a) who is serving in that position as of 

9 the date of enactment of this subsection, the 

10 Secretary shall redesignate that position and 

11 the person serving in that position as having 

12 been part of the competitive service as of the 

13 date that the person was hired into that posi14 tion. 

15 ‘‘(B) PERSONS NO LONGER SERVING IN

16 ORIGINAL POSITIONS.—With respect to any per17 son who was hired pursuant to the program es18 tablished under subsection (a) that is no longer 

19 serving in that position as of the date of enact20 ment of this subsection— 

21 ‘‘(i) the person may provide to the 

22 Secretary a request for redesignation of 

23 the service as part of the competitive serv24 ice that includes evidence of the employ25 ment; and 


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1 ‘‘(ii) not later than 90 days of the 

2 submission of a request under clause (i), 

3 the Secretary shall redesignate the service 

4 of the person as being part of the competi5 tive service.’’. 

6 Subtitle C—National Tropical 

7 Botanical Garden 

8 SEC. 621. AUTHORIZATION OF APPROPRIATIONS FOR NA9 TIONAL TROPICAL BOTANICAL GARDEN. 

10 Chapter 1535 of title 36, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘§ 153514. Authorization of appropriations 

13 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

14 is authorized to be appropriated to the corporation for op15 eration and maintenance expenses $500,000 for each of 

16 fiscal years 2008 through 2017. 

17 ‘‘(b) LIMITATION.—Any Federal funds made avail18 able under subsection (a) shall be matched on a 1-to-1 

19 basis by non-Federal funds.’’. 

20 Subtitle D—Management of the 

21 Baca National Wildlife Refuge 

22 SEC. 631. BACA NATIONAL WILDLIFE REFUGE. 

23 Section 6 of the Great Sand Dunes National Park 

24 and Preserve Act of 2000 (16 U.S.C. 410hhh–4) is 

25 amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘(a) ESTABLISHMENT.— 

3 (1) When’’ and inserting the following: 

4 ‘‘(a) ESTABLISHMENT AND PURPOSE.— 

5 ‘‘(1) ESTABLISHMENT.— 

6 ‘‘(A) IN GENERAL.—When’’; 

7 (B) in paragraph (2), by striking ‘‘(2) 

8 Such establishment’’ and inserting the fol9 lowing: 

10 ‘‘(B) EFFECTIVE DATE.—The establish11 ment of the refuge under subparagraph (A)’’; 

12 and 

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

14 ‘‘(2) PURPOSE.—The purpose of the Baca Na15 tional Wildlife Refuge shall be to restore, enhance, 

16 and maintain wetland, upland, riparian, and other 

17 habitats for native wildlife, plant, and fish species in 

18 the San Luis Valley.’’; 

19 (2) in subsection (c)— 

20 (A) by striking ‘‘The Secretary’’ and in21 serting the following: 

22 ‘‘(1) IN GENERAL.—The Secretary’’; and 

23 (B) by adding at the end the following: 


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1 ‘‘(2) REQUIREMENTS.—In administering the 

2 Baca National Wildlife Refuge, the Secretary shall, 

3 to the maximum extent practicable— 

4 ‘‘(A) emphasize migratory bird conserva5 tion; and 

6 ‘‘(B) take into consideration the role of the 

7 Refuge in broader landscape conservation ef8 forts.’’; and 

9 (3) in subsection (d)— 

10 (A) in paragraph (1), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (2), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) subject to any agreement in existence as of 

16 the date of enactment of this paragraph, and to the 

17 extent consistent with the purposes of the Refuge, 

18 use decreed water rights on the Refuge in approxi19 mately the same manner that the water rights have 

20 been used historically.’’. 

21 Subtitle E—Paleontological 

22 Resources Preservation 

23 SEC. 641. DEFINITIONS. 

24 In this subtitle: 


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1 (1) CASUAL COLLECTING.—The term ‘‘casual 

2 collecting’’ means the collecting of a reasonable 

3 amount of common invertebrate and plant paleon4 tological resources for non-commercial personal use, 

5 either by surface collection or the use of non-pow6 ered hand tools resulting in only negligible disturb7 ance to the Earth’s surface and other resources. As 

8 used in this paragraph, the terms ‘‘reasonable 

9 amount’’, ‘‘common invertebrate and plant paleon10 tological resources’’ and ‘‘negligible disturbance’’ 

11 shall be determined by the Secretary. 

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

13 means— 

14 (A) land controlled or administered by the 

15 Secretary of the Interior, except Indian land; or 

16 (B) National Forest System land con17 trolled or administered by the Secretary of Ag18 riculture. 

19 (3) INDIAN LAND.—The term ‘‘Indian Land’’ 

20 means land of Indian tribes, or Indian individuals, 

21 which are either held in trust by the United States 

22 or subject to a restriction against alienation imposed 

23 by the United States. 

24 (4) PALEONTOLOGICAL RESOURCE.—The term 

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1 mains, traces, or imprints of organisms, preserved in 

2 or on the earth’s crust, that are of paleontological 

3 interest and that provide information about the his4 tory of life on earth, except that the term does not 

5 include— 

6 (A) any materials associated with an ar7 chaeological resource (as defined in section 3(1) 

8 of the Archaeological Resources Protection Act 

9 of 1979 (16 U.S.C. 470bb(1)); or 

10 (B) any cultural item (as defined in section 

11 2 of the Native American Graves Protection 

12 and Repatriation Act (25 U.S.C. 3001)). 

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

14 the Secretary of the Interior with respect to land 

15 controlled or administered by the Secretary of the 

16 Interior or the Secretary of Agriculture with respect 

17 to National Forest System land controlled or admin18 istered by the Secretary of Agriculture. 

19 (6) STATE.—The term ‘‘State’’ means the 50 

20 States, the District of Columbia, the Commonwealth 

21 of Puerto Rico, and any other territory or possession 

22 of the United States. 

23 SEC. 642. MANAGEMENT. 

24 (a) IN GENERAL.—The Secretary shall manage and 

25 protect paleontological resources on Federal land using 


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1 scientific principles and expertise. The Secretary shall de2 velop appropriate plans for inventory, monitoring, and the 

3 scientific and educational use of paleontological resources, 

4 in accordance with applicable agency laws, regulations, 

5 and policies. These plans shall emphasize interagency co6 ordination and collaborative efforts where possible with 

7 non-Federal partners, the scientific community, and the 

8 general public. 

9 (b) COORDINATION.—To the extent possible, the Sec10 retary of the Interior and the Secretary of Agriculture 

11 shall coordinate in the implementation of this subtitle. 

12 SEC. 643. PUBLIC AWARENESS AND EDUCATION PROGRAM. 

13 The Secretary shall establish a program to increase 

14 public awareness about the significance of paleontological 

15 resources. 

16 SEC. 644. COLLECTION OF PALEONTOLOGICAL RE17 SOURCES. 

18 (a) PERMIT REQUIREMENT.— 

19 (1) IN GENERAL.—Except as provided in this 

20 subtitle, a paleontological resource may not be col21 lected from Federal land without a permit issued 

22 under this subtitle by the Secretary. 

23 (2) CASUAL COLLECTING EXCEPTION.—The 

24 Secretary may allow casual collecting without a per25 mit on Federal land controlled or administered by 


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1 the Bureau of Land Management, the Bureau of 

2 Reclamation, and the Forest Service, where such col3 lection is consistent with the laws governing the 

4 management of those Federal land and this subtitle. 

5 (3) PREVIOUS PERMIT EXCEPTION.—Nothing in 

6 this section shall affect a valid permit issued prior 

7 to the date of enactment of this Act. 

8 (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The 

9 Secretary may issue a permit for the collection of a paleon10 tological resource pursuant to an application if the Sec11 retary determines that— 

12 (1) the applicant is qualified to carry out the 

13 permitted activity; 

14 (2) the permitted activity is undertaken for the 

15 purpose of furthering paleontological knowledge or 

16 for public education; 

17 (3) the permitted activity is consistent with any 

18 management plan applicable to the Federal land 

19 concerned; and 

20 (4) the proposed methods of collecting will not 

21 threaten significant natural or cultural resources. 

22 (c) PERMIT SPECIFICATIONS.—A permit for the col23 lection of a paleontological resource issued under this sec24 tion shall contain such terms and conditions as the SecVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 retary deems necessary to carry out the purposes of this 

2 subtitle. Every permit shall include requirements that— 

3 (1) the paleontological resource that is collected 

4 from Federal land under the permit will remain the 

5 property of the United States; 

6 (2) the paleontological resource and copies of 

7 associated records will be preserved for the public in 

8 an approved repository, to be made available for sci9 entific research and public education; and 

10 (3) specific locality data will not be released by 

11 the permittee or repository without the written per12 mission of the Secretary. 

13 (d) MODIFICATION, SUSPENSION, AND REVOCATION

14 OF PERMITS.— 

15 (1) The Secretary may modify, suspend, or re16 voke a permit issued under this section— 

17 (A) for resource, safety, or other manage18 ment considerations; or 

19 (B) when there is a violation of term or 

20 condition of a permit issued pursuant to this 

21 section. 

22 (2) The permit shall be revoked if any person 

23 working under the authority of the permit is con24 victed under section 646 or is assessed a civil pen25 alty under section 647. 


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1 (e) AREA CLOSURES.—In order to protect paleon2 tological or other resources and to provide for public safe3 ty, the Secretary may restrict access to or close areas 

4 under the Secretary’s jurisdiction to the collection of pale5 ontological resources. 

6 SEC. 645. CURATION OF RESOURCES. 

7 Any paleontological resource, and any data and 

8 records associated with the resource, collected under a per9 mit, shall be deposited in an approved repository. The Sec10 retary may enter into agreements with non-Federal reposi11 tories regarding the curation of these resources, data, and 

12 records. 

13 SEC. 646. PROHIBITED ACTS; CRIMINAL PENALTIES. 

14 (a) IN GENERAL.—A person may not— 

15 (1) excavate, remove, damage, or otherwise 

16 alter or deface or attempt to excavate, remove, dam17 age, or otherwise alter or deface any paleontological 

18 resources located on Federal land unless such activ19 ity is conducted in accordance with this subtitle; 

20 (2) exchange, transport, export, receive, or offer 

21 to exchange, transport, export, or receive any pale22 ontological resource if, in the exercise of due care, 

23 the person knew or should have known such resource 

24 to have been excavated or removed from Federal 

25 land in violation of any provisions, rule, regulation, 


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1 law, ordinance, or permit in effect under Federal 

2 law, including this subtitle; or 

3 (3) sell or purchase or offer to sell or purchase 

4 any paleontological resource if, in the exercise of due 

5 care, the person knew or should have known such re6 source to have been excavated, removed, sold, pur7 chased, exchanged, transported, or received from 

8 Federal land. 

9 (b) FALSE LABELING OFFENSES.—A person may not 

10 make or submit any false record, account, or label for, 

11 or any false identification of, any paleontological resource 

12 excavated or removed from Federal land. 

13 (c) PENALTIES.—A person who knowingly violates or 

14 counsels, procures, solicits, or employs another person to 

15 violate subsection (a) or (b) shall, upon conviction, be 

16 fined in accordance with title 18, United States Code, or 

17 imprisoned not more than 10 years, or both; but if the 

18 sum of the commercial and paleontological value of the 

19 paleontological resources involved and the cost of restora20 tion and repair of such resources does not exceed $500, 

21 such person shall be fined in accordance with title 18, 

22 United States Code, or imprisoned not more than 1 year, 

23 or both. 

24 (d) GENERAL EXCEPTION.—Nothing in subsection 

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1 tological resource which was in the lawful possession of 

2 such person prior to the date of enactment of this Act. 

3 SEC. 647. CIVIL PENALTIES. 

4 (a) IN GENERAL.— 

5 (1) HEARING.—A person who violates any pro6 hibition contained in an applicable regulation or per7 mit issued under this subtitle may be assessed a 

8 penalty by the Secretary after the person is given 

9 notice and opportunity for a hearing with respect to 

10 the violation. Each violation shall be considered a 

11 separate offense for purposes of this section. 

12 (2) AMOUNT OF PENALTY.—The amount of 

13 such penalty assessed under paragraph (1) shall be 

14 determined under regulations promulgated pursuant 

15 to this subtitle, taking into account the following 

16 factors: 

17 (A) The scientific or fair market value, 

18 whichever is greater, of the paleontological re19 source involved, as determined by the Secretary. 

20 (B) The cost of response, restoration, and 

21 repair of the resource and the paleontological 

22 site involved. 

23 (C) Any other factors considered relevant 

24 by the Secretary assessing the penalty. 


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1 (3) MULTIPLE OFFENSES.—In the case of a 

2 second or subsequent violation by the same person, 

3 the amount of a penalty assessed under paragraph 

4 (2) may be doubled. 

5 (4) LIMITATION.—The amount of any penalty 

6 assessed under this subsection for any 1 violation 

7 shall not exceed an amount equal to double the cost 

8 of response, restoration, and repair of resources and 

9 paleontological site damage plus double the scientific 

10 or fair market value of resources destroyed or not 

11 recovered. 

12 (b) PETITION FOR JUDICIAL REVIEW; COLLECTION

13 OF UNPAID ASSESSMENTS.— 

14 (1) JUDICIAL REVIEW.—Any person against 

15 whom an order is issued assessing a penalty under 

16 subsection (a) may file a petition for judicial review 

17 of the order in the United States District Court for 

18 the District of Columbia or in the district in which 

19 the violation is alleged to have occurred within the 

20 30-day period beginning on the date the order mak21 ing the assessment was issued. Upon notice of such 

22 filing, the Secretary shall promptly file such a cer23 tified copy of the record on which the order was 

24 issued. The court shall hear the action on the record 

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1 tion if it is supported by substantial evidence on the 

2 record considered as a whole. 

3 (2) FAILURE TO PAY.—If any person fails to 

4 pay a penalty under this section within 30 days— 

5 (A) after the order making assessment has 

6 become final and the person has not filed a pe7 tition for judicial review of the order in accord8 ance with paragraph (1); or 

9 (B) after a court in an action brought in 

10 paragraph (1) has entered a final judgment up11 holding the assessment of the penalty, the Sec12 retary may request the Attorney General to in13 stitute a civil action in a district court of the 

14 United States for any district in which the per15 son if found, resides, or transacts business, to 

16 collect the penalty (plus interest at currently 

17 prevailing rates from the date of the final order 

18 or the date of the final judgment, as the case 

19 may be). The district court shall have jurisdic20 tion to hear and decide any such action. In 

21 such action, the validity, amount, and appro22 priateness of such penalty shall not be subject 

23 to review. Any person who fails to pay on a 

24 timely basis the amount of an assessment of a 

25 civil penalty as described in the first sentence of 


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1 this paragraph shall be required to pay, in addi2 tion to such amount and interest, attorneys fees 

3 and costs for collection proceedings. 

4 (c) HEARINGS.—Hearings held during proceedings 

5 instituted under subsection (a) shall be conducted in ac6 cordance with section 554 of title 5, United States Code. 

7 (d) USE OF RECOVERED AMOUNTS.—Penalties col8 lected under this section shall be available to the Secretary 

9 and without further appropriation may be used only as 

10 follows: 

11 (1) To protect, restore, or repair the paleon12 tological resources and sites which were the subject 

13 of the action, or to acquire sites with equivalent re14 sources, and to protect, monitor, and study the re15 sources and sites. Any acquisition shall be subject to 

16 any limitations contained in the organic legislation 

17 for such Federal land. 

18 (2) To provide educational materials to the 

19 public about paleontological resources and sites. 

20 (3) To provide for the payment of rewards as 

21 provided in section 648. 

22 SEC. 648. REWARDS AND FORFEITURE. 

23 (a) REWARDS.—The Secretary may pay from pen24 alties collected under section 646 or 647— 


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1 (1) consistent with amounts established in regu2 lations by the Secretary; or 

3 (2) if no such regulation exists, an amount 

equal to the lesser of 1 4 ⁄2 of the penalty or $500, to 

5 any person who furnishes information which leads to 

6 the finding of a civil violation, or the conviction of 

7 criminal violation, with respect to which the penalty 

8 was paid. If several persons provided the informa9 tion, the amount shall be divided among the persons. 

10 No officer or employee of the United States or of 

11 any State or local government who furnishes infor12 mation or renders service in the performance of his 

13 official duties shall be eligible for payment under 

14 this subsection. 

15 (b) FORFEITURE.—All paleontological resources with 

16 respect to which a violation under section 646 or 647 oc17 curred and which are in the possession of any person, and 

18 all vehicles and equipment of any person that were used 

19 in connection with the violation, shall be subject to civil 

20 forfeiture, or upon conviction, to criminal forfeiture. All 

21 provisions of law relating to the seizure, forfeiture, and 

22 condemnation of property for a violation of this subtitle, 

23 the disposition of such property or the proceeds from the 

24 sale thereof, and remission or mitigation of such for25 feiture, as well as the procedural provisions of chapter 46 


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1 of title 18, United States Code, shall apply to the seizures 

2 and forfeitures incurred or alleged to have incurred under 

3 the provisions of this subtitle. 

4 (c) TRANSFER OF SEIZED RESOURCES.—The Sec5 retary may transfer administration of seized paleontolog6 ical resources to Federal or non-Federal educational insti7 tutions to be used for scientific or educational purposes. 

8 SEC. 649. CONFIDENTIALITY. 

9 Information concerning the nature and specific loca10 tion of a paleontological resource the collection of which 

11 requires a permit under this subtitle or under any other 

12 provision of Federal law shall be exempt from disclosure 

13 under section 552 of title 5, United States Code, and any 

14 other law unless the Secretary determines that disclosure 

15 would— 

16 (1) further the purposes of this subtitle; 

17 (2) not create risk of harm to or theft or de18 struction of the resource or the site containing the 

19 resource; and 

20 (3) be in accordance with other applicable laws. 

21 SEC. 650. REGULATIONS. 

22 As soon as practical after the date of enactment of 

23 this Act, the Secretary shall issue such regulations as are 

24 appropriate to carry out this subtitle, providing opportuni25 ties for public notice and comment. 


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1 SEC. 651. SAVINGS PROVISIONS. 

2 Nothing in this subtitle shall be construed to— 

3 (1) invalidate, modify, or impose any additional 

4 restrictions or permitting requirements on any ac5 tivities permitted at any time under the general min6 ing laws, the mineral or geothermal leasing laws, 

7 laws providing for minerals materials disposal, or 

8 laws providing for the management or regulation of 

9 the activities authorized by the aforementioned laws 

10 including but not limited to the Federal Land Policy 

11 Management Act (43 U.S.C. 1701–1784), Public 

12 Law 94–429 (commonly known as the ‘‘Mining in 

13 the Parks Act’’) (16 U.S.C. 1901 et seq.), the Sur14 face Mining Control and Reclamation Act of 1977 

15 (30 U.S.C. 1201–1358), and the Organic Adminis16 tration Act (16 U.S.C. 478, 482, 551); 

17 (2) invalidate, modify, or impose any additional 

18 restrictions or permitting requirements on any ac19 tivities permitted at any time under existing laws 

20 and authorities relating to reclamation and multiple 

21 uses of Federal land; 

22 (3) apply to, or require a permit for, casual col23 lecting of a rock, mineral, or invertebrate or plant 

24 fossil that is not protected under this subtitle; 

25 (4) affect any land other than Federal land or 

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1 ontological resources from land other than Federal 

2 land; 

3 (5) alter or diminish the authority of a Federal 

4 agency under any other law to provide protection for 

5 paleontological resources on Federal land in addition 

6 to the protection provided under this subtitle; or 

7 (6) create any right, privilege, benefit, or enti8 tlement for any person who is not an officer or em9 ployee of the United States acting in that capacity. 

10 No person who is not an officer or employee of the 

11 United States acting in that capacity shall have 

12 standing to file any civil action in a court of the 

13 United States to enforce any provision or amend14 ment made by this subtitle. 

15 SEC. 652. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as may be necessary to carry out this subtitle. 

18 TITLE VII—NATIONAL PARK 

19 SERVICE AUTHORIZATIONS 

20 Subtitle A—Additions to the 

21 National Park System 

22 SEC. 701. PATERSON GREAT FALLS NATIONAL HISTORICAL 

23 PARK, NEW JERSEY. 

24 (a) DEFINITIONS.—In this section: 


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

2 Paterson, New Jersey. 

3 (2) COMMISSION.—The term ‘‘Commission’’ 

4 means the Paterson Great Falls National Historical 

5 Park Advisory Commission established by subsection 

6 (e)(1). 

7 (3) HISTORIC DISTRICT.—The term ‘‘Historic 

8 District’’ means the Great Falls Historic District in 

9 the State. 

10 (4) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the 

12 Park developed under subsection (d). 

13 (5) MAP.—The term ‘‘Map’’ means the map en14 titled ‘‘Paterson Great Falls National Historical 

15 Park–Proposed Boundary’’, numbered T03/80,001, 

16 and dated May 2008. 

17 (6) PARK.—The term ‘‘Park’’ means the 

18 Paterson Great Falls National Historical Park es19 tablished by subsection (b)(1)(A). 

20 (7) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

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

23 of New Jersey. 

24 (b) PATERSON GREAT FALLS NATIONAL HISTORICAL

25 PARK.— 


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1 (1) ESTABLISHMENT.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), there is established in the State a 

4 unit of the National Park System to be known 

5 as the ‘‘Paterson Great Falls National Histor6 ical Park’’. 

7 (B) CONDITIONS FOR ESTABLISHMENT.— 

8 The Park shall not be established until the date 

9 on which the Secretary determines that— 

10 (i)(I) the Secretary has acquired suffi11 cient land or an interest in land within the 

12 boundary of the Park to constitute a man13 ageable unit; or 

14 (II) the State or City, as appropriate, 

15 has entered into a written agreement with 

16 the Secretary to donate— 

17 (aa) the Great Falls State Park, 

18 including facilities for Park adminis19 tration and visitor services; or 

20 (bb) any portion of the Great 

21 Falls State Park agreed to between 

22 the Secretary and the State or City; 

23 and 

24 (ii) the Secretary has entered into a 

25 written agreement with the State, City, or 


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1 other public entity, as appropriate, pro2 viding that— 

3 (I) land owned by the State, 

4 City, or other public entity within the 

5 Historic District will be managed con6 sistent with this section; and 

7 (II) future uses of land within 

8 the Historic District will be compat9 ible with the designation of the Park. 

10 (2) PURPOSE.—The purpose of the Park is to 

11 preserve and interpret for the benefit of present and 

12 future generations certain historical, cultural, and 

13 natural resources associated with the Historic Dis14 trict. 

15 (3) BOUNDARIES.—The Park shall include the 

16 following sites, as generally depicted on the Map: 

17 (A) The upper, middle, and lower race18 ways. 

19 (B) Mary Ellen Kramer (Great Falls) 

20 Park and adjacent land owned by the City. 

21 (C) A portion of Upper Raceway Park, in22 cluding the Ivanhoe Wheelhouse and the Society 

23 for Establishing Useful Manufactures Gate24 house. 


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1 (D) Overlook Park and adjacent land, in2 cluding the Society for Establishing Useful 

3 Manufactures Hydroelectric Plant and Adminis4 tration Building. 

5 (E) The Allied Textile Printing site, in6 cluding the Colt Gun Mill ruins, Mallory Mill 

7 ruins, Waverly Mill ruins, and Todd Mill ruins. 

8 (F) The Rogers Locomotive Company 

9 Erecting Shop, including the Paterson Museum. 

10 (G) The Great Falls Visitor Center. 

11 (4) AVAILABILITY OF MAP.—The Map shall be 

12 on file and available for public inspection in the ap13 propriate offices of the National Park Service. 

14 (5) PUBLICATION OF NOTICE.—Not later than 

15 60 days after the date on which the conditions in 

16 clauses (i) and (ii) of paragraph (1)(B) are satisfied, 

17 the Secretary shall publish in the Federal Register 

18 notice of the establishment of the Park, including an 

19 official boundary map for the Park. 

20 (c) ADMINISTRATION.— 

21 (1) IN GENERAL.—The Secretary shall admin22 ister the Park in accordance with— 

23 (A) this section; and 

24 (B) the laws generally applicable to units 

25 of the National Park System, including— 


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1 (i) the National Park Service Organic 

2 Act (16 U.S.C. 1 et seq.); and 

3 (ii) the Act of August 21, 1935 (16 

4 U.S.C. 461 et seq.). 

5 (2) STATE AND LOCAL JURISDICTION.—Noth6 ing in this section enlarges, diminishes, or modifies 

7 any authority of the State, or any political subdivi8 sion of the State (including the City)— 

9 (A) to exercise civil and criminal jurisdic10 tion; or 

11 (B) to carry out State laws (including reg12 ulations) and rules on non-Federal land located 

13 within the boundary of the Park. 

14 (3) COOPERATIVE AGREEMENTS.— 

15 (A) IN GENERAL.—As the Secretary deter16 mines to be appropriate to carry out this sec17 tion, the Secretary may enter into cooperative 

18 agreements with the owner of the Great Falls 

19 Visitor Center or any nationally significant 

20 properties within the boundary of the Park 

21 under which the Secretary may identify, inter22 pret, restore, and provide technical assistance 

23 for the preservation of the properties. 

24 (B) RIGHT OF ACCESS.—A cooperative 

25 agreement entered into under subparagraph (A) 


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1 shall provide that the Secretary, acting through 

2 the Director of the National Park Service, shall 

3 have the right of access at all reasonable times 

4 to all public portions of the property covered by 

5 the agreement for the purposes of— 

6 (i) conducting visitors through the 

7 properties; and 

8 (ii) interpreting the properties for the 

9 public. 

10 (C) CHANGES OR ALTERATIONS.—No 

11 changes or alterations shall be made to any 

12 properties covered by a cooperative agreement 

13 entered into under subparagraph (A) unless the 

14 Secretary and the other party to the agreement 

15 agree to the changes or alterations. 

16 (D) CONVERSION, USE, OR DISPOSAL.— 

17 Any payment made by the Secretary under this 

18 paragraph shall be subject to an agreement that 

19 the conversion, use, or disposal of a project for 

20 purposes contrary to the purposes of this sec21 tion, as determined by the Secretary, shall enti22 tle the United States to reimbursement in 

23 amount equal to the greater of— 

24 (i) the amounts made available to the 

25 project by the United States; or 


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1 (ii) the portion of the increased value 

2 of the project attributable to the amounts 

3 made available under this paragraph, as 

4 determined at the time of the conversion, 

5 use, or, disposal. 

6 (E) MATCHING FUNDS.— 

7 (i) IN GENERAL.—As a condition of 

8 the receipt of funds under this paragraph, 

9 the Secretary shall require that any Fed10 eral funds made available under a coopera11 tive agreement shall be matched on a 1-to12 1 basis by non-Federal funds. 

13 (ii) FORM.—With the approval of the 

14 Secretary, the non-Federal share required 

15 under clause (i) may be in the form of do16 nated property, goods, or services from a 

17 non-Federal source. 

18 (4) ACQUISITION OF LAND.— 

19 (A) IN GENERAL.—The Secretary may ac20 quire land or interests in land within the 

21 boundary of the Park by donation, purchase 

22 from a willing seller with donated or appro23 priated funds, or exchange. 

24 (B) DONATION OF STATE OWNED LAND.— 

25 Land or interests in land owned by the State or 


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1 any political subdivision of the State may only 

2 be acquired by donation. 

3 (5) TECHNICAL ASSISTANCE AND PUBLIC IN4 TERPRETATION.—The Secretary may provide tech5 nical assistance and public interpretation of related 

6 historic and cultural resources within the boundary 

7 of the Historic District. 

8 (d) MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—Not later than 3 fiscal years 

10 after the date on which funds are made available to 

11 carry out this subsection, the Secretary, in consulta12 tion with the Commission, shall complete a manage13 ment plan for the Park in accordance with— 

14 (A) section 12(b) of Public Law 91–383 

15 (commonly known as the ‘‘National Park Serv16 ice General Authorities Act’’) (16 U.S.C. 1a– 

17 7(b)); and 

18 (B) other applicable laws. 

19 (2) COST SHARE.—The management plan shall 

20 include provisions that identify costs to be shared by 

21 the Federal Government, the State, and the City, 

22 and other public or private entities or individuals for 

23 necessary capital improvements to, and maintenance 

24 and operations of, the Park. 


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1 (3) SUBMISSION TO CONGRESS.—On completion 

2 of the management plan, the Secretary shall submit 

3 the management plan to— 

4 (A) the Committee on Energy and Natural 

5 Resources of the Senate; and 

6 (B) the Committee on Natural Resources 

7 of the House of Representatives. 

8 (e) PATERSON GREAT FALLS NATIONAL HISTORICAL

9 PARK ADVISORY COMMISSION.— 

10 (1) ESTABLISHMENT.—There is established a 

11 commission to be known as the ‘‘Paterson Great 

12 Falls National Historical Park Advisory Commis13 sion’’. 

14 (2) DUTIES.—The duties of the Commission 

15 shall be to advise the Secretary in the development 

16 and implementation of the management plan. 

17 (3) MEMBERSHIP.— 

18 (A) COMPOSITION.—The Commission shall 

19 be composed of 9 members, to be appointed by 

20 the Secretary, of whom— 

21 (i) 4 members shall be appointed after 

22 consideration of recommendations sub23 mitted by the Governor of the State; 


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1 (ii) 2 members shall be after consider2 ation of recommendations submitted by the 

3 City Council of Paterson, New Jersey; 

4 (iii) 1 member shall be after consider5 ation of recommendations submitted by the 

6 Board of Chosen Freeholders of Passaic 

7 County, New Jersey; and 

8 (iv) 2 members shall have experience 

9 with national parks and historic preserva10 tion. 

11 (B) INITIAL APPOINTMENTS.—The Sec12 retary shall appoint the initial members of the 

13 Commission not later than the earlier of— 

14 (i) the date that is 30 days after the 

15 date on which the Secretary has received 

16 all of the recommendations for appoint17 ments under subparagraph (A); or 

18 (ii) the date that is 30 days after the 

19 Park is established in accordance with sub20 section (b). 

21 (4) TERM; VACANCIES.— 

22 (A) TERM.— 

23 (i) IN GENERAL.—A member shall be 

24 appointed for a term of 3 years. 


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1 (ii) REAPPOINTMENT.—A member 

2 may be reappointed for not more than 1 

3 additional term. 

4 (B) VACANCIES.—A vacancy on the Com5 mission shall be filled in the same manner as 

6 the original appointment was made. 

7 (5) MEETINGS.—The Commission shall meet at 

8 the call of— 

9 (A) the Chairperson; or 

10 (B) a majority of the members of the Com11 mission. 

12 (6) QUORUM.—A majority of the Commission 

13 shall constitute a quorum. 

14 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

15 (A) IN GENERAL.—The Commission shall 

16 select a Chairperson and Vice Chairperson from 

17 among the members of the Commission. 

18 (B) VICE CHAIRPERSON.—The Vice Chair19 person shall serve as Chairperson in the ab20 sence of the Chairperson. 

21 (C) TERM.—A member may serve as 

22 Chairperson or Vice Chairman for not more 

23 than 1 year in each office. 

24 (8) COMMISSION PERSONNEL MATTERS.— 

25 (A) COMPENSATION OF MEMBERS.— 


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1 (i) IN GENERAL.—Members of the 

2 Commission shall serve without compensa3 tion. 

4 (ii) TRAVEL EXPENSES.—Members of 

5 the Commission shall be allowed travel ex6 penses, including per diem in lieu of sub7 sistence, at rates authorized for an em8 ployee of an agency under subchapter I of 

9 chapter 57 of title 5, United States Code, 

10 while away from the home or regular place 

11 of business of the member in the perform12 ance of the duties of the Commission. 

13 (B) STAFF.— 

14 (i) IN GENERAL.—The Secretary shall 

15 provide the Commission with any staff 

16 members and technical assistance that the 

17 Secretary, after consultation with the Com18 mission, determines to be appropriate to 

19 enable the Commission to carry out the du20 ties of the Commission. 

21 (ii) DETAIL OF EMPLOYEES.—The 

22 Secretary may accept the services of per23 sonnel detailed from— 

24 (I) the State; 


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1 (II) any political subdivision of 

2 the State; or 

3 (III) any entity represented on 

4 the Commission. 

5 (9) FACA NONAPPLICABILITY.—Section 14(b) 

6 of the Federal Advisory Committee Act (5 U.S.C. 

7 App.) shall not apply to the Commission. 

8 (10) TERMINATION.—The Commission shall 

9 terminate 10 years after the date of enactment of 

10 this Act. 

11 (f) STUDY OF HINCHLIFFE STADIUM.— 

12 (1) IN GENERAL.—Not later than 3 fiscal years 

13 after the date on which funds are made available to 

14 carry out this section, the Secretary shall complete 

15 a study regarding the preservation and interpreta16 tion of Hinchliffe Stadium, which is listed on the 

17 National Register of Historic Places. 

18 (2) INCLUSIONS.—The study shall include an 

19 assessment of— 

20 (A) the potential for listing the stadium as 

21 a National Historic Landmark; and 

22 (B) options for maintaining the historic in23 tegrity of Hinchliffe Stadium. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 702. THOMAS EDISON NATIONAL HISTORICAL PARK, 

5 NEW JERSEY. 

6 (a) PURPOSES.—The purposes of this section are— 

7 (1) to recognize and pay tribute to Thomas 

8 Alva Edison and his innovations; and 

9 (2) to preserve, protect, restore, and enhance 

10 the Edison National Historic Site to ensure public 

11 use and enjoyment of the Site as an educational, sci12 entific, and cultural center. 

13 (b) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established the 

15 Thomas Edison National Historical Park as a unit 

16 of the National Park System (referred to in this sec17 tion as the ‘‘Historical Park’’). 

18 (2) BOUNDARIES.—The Historical Park shall 

19 be comprised of all property owned by the United 

20 States in the Edison National Historic Site as well 

21 as all property authorized to be acquired by the Sec22 retary of the Interior (referred to in this section as 

23 the ‘‘Secretary’’) for inclusion in the Edison Na24 tional Historic Site before the date of the enactment 

25 of this Act, as generally depicted on the map entitled 


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1 the ‘‘Thomas Edison National Historical Park’’, 

2 numbered 403/80,000, and dated April 2008. 

3 (3) MAP.—The map of the Historical Park 

4 shall be on file and available for public inspection in 

5 the appropriate offices of the National Park Service. 

6 (c) ADMINISTRATION.— 

7 (1) IN GENERAL.—The Secretary shall admin8 ister the Historical Park in accordance with this sec9 tion and with the provisions of law generally applica10 ble to units of the National Park System, including 

11 the Acts entitled ‘‘An Act to establish a National 

12 Park Service, and for other purposes,’’ approved Au13 gust 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) 

14 and ‘‘An Act to provide for the preservation of his15 toric American sites, buildings, objects, and antiq16 uities of national significance, and for other pur17 poses,’’ approved August 21, 1935 (16 U.S.C. 461 

18 et seq.). 

19 (2) ACQUISITION OF PROPERTY.— 

20 (A) REAL PROPERTY.—The Secretary may 

21 acquire land or interests in land within the 

22 boundaries of the Historical Park, from willing 

23 sellers only, by donation, purchase with donated 

24 or appropriated funds, or exchange. 


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1 (B) PERSONAL PROPERTY.—The Secretary 

2 may acquire personal property associated with, 

3 and appropriate for, interpretation of the His4 torical Park. 

5 (3) COOPERATIVE AGREEMENTS.—The Sec6 retary may consult and enter into cooperative agree7 ments with interested entities and individuals to pro8 vide for the preservation, development, interpreta9 tion, and use of the Historical Park. 

10 (4) REPEAL OF SUPERSEDED LAW.—Public 

11 Law 87–628 (76 Stat. 428), regarding the establish12 ment and administration of the Edison National 

13 Historic Site, is repealed. 

14 (5) REFERENCES.—Any reference in a law, 

15 map, regulation, document, paper, or other record of 

16 the United States to the ‘‘Edison National Historic 

17 Site’’ shall be deemed to be a reference to the 

18 ‘‘Thomas Edison National Historical Park’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated such sums as may be nec21 essary to carry out this section. 


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1 Subtitle B—Amendments to Exist2 ing Units of the National Park 

3 System 

4 SEC. 711. FUNDING FOR KEWEENAW NATIONAL HISTOR5 ICAL PARK. 

6 (a) ACQUISITION OF PROPERTY.—Section 4 of Public 

7 Law 102–543 (16 U.S.C. 410yy–3) is amended by striking 

8 subsection (d). 

9 (b) MATCHING FUNDS.—Section 8(b) of Public Law 

10 102–543 (16 U.S.C. 410yy–7(b)) is amended by striking 

11 ‘‘$4’’ and inserting ‘‘$1’’. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 10 of Public Law 102–543 (16 U.S.C. 410yy–9) is amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘$25,000,000’’ and insert17 ing ‘‘$50,000,000’’; and 

18 (B) by striking ‘‘$3,000,000’’ and insert19 ing ‘‘$25,000,000’’; and 

20 (2) in subsection (b), by striking ‘‘$100,000’’ 

21 and all that follows through ‘‘those duties’’ and in22 serting ‘‘$250,000’’. 


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1 SEC. 712. LOCATION OF VISITOR AND ADMINISTRATIVE FA2 CILITIES FOR WEIR FARM NATIONAL HIS3 TORIC SITE. 

4 Section 4(d) of the Weir Farm National Historic Site 

5 Establishment Act of 1990 (16 U.S.C. 461 note) is 

6 amended— 

7 (1) in paragraph (1)(B), by striking ‘‘contig8 uous to’’ and all that follows and inserting ‘‘within 

9 Fairfield County.’’; 

10 (2) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) DEVELOPMENT.— 

13 ‘‘(A) MAINTAINING NATURAL CHAR14 ACTER.—The Secretary shall keep development 

15 of the property acquired under paragraph (1) to 

16 a minimum so that the character of the ac17 quired property will be similar to the natural 

18 and undeveloped landscape of the property de19 scribed in subsection (b). 

20 ‘‘(B) TREATMENT OF PREVIOUSLY DEVEL21 OPED PROPERTY.—Nothing in subparagraph 

22 (A) shall either prevent the Secretary from ac23 quiring property under paragraph (1) that, 

24 prior to the Secretary’s acquisition, was devel25 oped in a manner inconsistent with subpara26 graph (A), or require the Secretary to remeVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 diate such previously developed property to re2 flect the natural character described in sub3 paragraph (A).’’; and 

4 (3) in paragraph (3), in the matter preceding 

5 subparagraph (A), by striking ‘‘the appropriate zon6 ing authority’’ and all that follows through ‘‘Wilton, 

7 Connecticut,’’ and inserting ‘‘the local governmental 

8 entity that, in accordance with applicable State law, 

9 has jurisdiction over any property acquired under 

10 paragraph (1)(A)’’. 

11 SEC. 713. LITTLE RIVER CANYON NATIONAL PRESERVE 

12 BOUNDARY EXPANSION. 

13 Section 2 of the Little River Canyon National Pre14 serve Act of 1992 (16 U.S.C. 698q) is amended— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘The Preserve’’ and insert17 ing the following: 

18 ‘‘(1) IN GENERAL.—The Preserve’’; and 

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

20 ‘‘(2) BOUNDARY EXPANSION.—The boundary of 

21 the Preserve is modified to include the land depicted 

22 on the map entitled ‘Little River Canyon National 

23 Preserve Proposed Boundary’, numbered 152/ 

24 80,004, and dated December 2007.’’; and 


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1 (2) in subsection (c), by striking ‘‘map’’ and in2 serting ‘‘maps’’. 

3 SEC. 714. HOPEWELL CULTURE NATIONAL HISTORICAL 

4 PARK BOUNDARY EXPANSION. 

5 Section 2 of the Act entitled ‘‘An Act to rename and 

6 expand the boundaries of the Mound City Group National 

7 Monument in Ohio’’, approved May 27, 1992 (106 Stat. 

8 185), is amended— 

9 (1) by striking ‘‘and’’ at the end of subsection 

10 (a)(3); 

11 (2) by striking the period at the end of sub12 section (a)(4) and inserting ‘‘; and’’; 

13 (3) by adding after subsection (a)(4) the fol14 lowing new paragraph: 

15 ‘‘(5) the map entitled ‘Hopewell Culture Na16 tional Historical Park, Ohio Proposed Boundary Ad17 justment’ numbered 353/80,049 and dated June, 

18 2006.’’; and 

19 (4) by adding after subsection (d)(2) the fol20 lowing new paragraph: 

21 ‘‘(3) The Secretary may acquire lands added by 

22 subsection (a)(5) only from willing sellers.’’. 


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1 SEC. 715. JEAN LAFITTE NATIONAL HISTORICAL PARK AND 

2 PRESERVE BOUNDARY ADJUSTMENT. 

3 (a) IN GENERAL.—Section 901 of the National Parks 

4 and Recreation Act of 1978 (16 U.S.C. 230) is amended 

5 in the second sentence by striking ‘‘of approximately twen6 ty thousand acres generally depicted on the map entitled 

7 ‘Barataria Marsh Unit-Jean Lafitte National Historical 

8 Park and Preserve’ numbered 90,000B and dated April 

9 1978,’’ and inserting ‘‘generally depicted on the map enti10 tled ‘Boundary Map, Barataria Preserve Unit, Jean La11 fitte National Historical Park and Preserve’, numbered 

12 467/80100A, and dated December 2007,’’. 

13 (b) ACQUISITION OF LAND.—Section 902 of the Na14 tional Parks and Recreation Act of 1978 (16 U.S.C. 230a) 

15 is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘(a) Within the’’ and all 

18 that follows through the first sentence and in19 serting the following: 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) BARATARIA PRESERVE UNIT.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 acquire any land, water, and interests in land 

24 and water within the Barataria Preserve Unit 

25 by donation, purchase with donated or approVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 priated funds, transfer from any other Federal 

2 agency, or exchange. 

3 ‘‘(B) LIMITATIONS.— 

4 ‘‘(i) IN GENERAL.—Any non-Federal 

5 land depicted on the map described in sec6 tion 901 as ‘Lands Proposed for Addition’ 

7 may be acquired by the Secretary only with 

8 the consent of the owner of the land. 

9 ‘‘(ii) BOUNDARY ADJUSTMENT.—On 

10 the date on which the Secretary acquires a 

11 parcel of land described in clause (i), the 

12 boundary of the Barataria Preserve Unit 

13 shall be adjusted to reflect the acquisition. 

14 ‘‘(iii) JURISDICTION OF NATIONAL

15 PARK SERVICE.—Administrative jurisdic16 tion over any Federal land within the areas 

17 depicted on the map described in section 

18 901 as ‘Lands Proposed for Addition’ is 

19 transferred, without consideration, to the 

20 administrative jurisdiction of the National 

21 Park Service, to be administered as part of 

22 the Barataria Preserve Unit. 

23 ‘‘(iv) EASEMENTS.—To ensure ade24 quate hurricane protection of the commu25 nities located in the area, any land identiVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 fied on the map described in section 901 

2 that is acquired or transferred shall be 

3 subject to any easements that have been 

4 agreed to by the Secretary and the Sec5 retary of the Army.’’; 

6 (B) in the second sentence, by striking 

7 ‘‘The Secretary may also acquire by any of the 

8 foregoing methods’’ and inserting the following: 

9 ‘‘(2) FRENCH QUARTER.—The Secretary may 

10 acquire by any of the methods referred to in para11 graph (1)(A)’’; 

12 (C) in the third sentence, by striking 

13 ‘‘Lands, waters, and interests therein’’ and in14 serting the following: 

15 ‘‘(3) ACQUISITION OF STATE LAND.—Land, 

16 water, and interests in land and water’’; and 

17 (D) in the fourth sentence, by striking ‘‘In 

18 acquiring’’ and inserting the following: 

19 ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.— 

20 In acquiring’’; 

21 (2) by striking subsections (b) through (f) and 

22 inserting the following: 

23 ‘‘(b) RESOURCE PROTECTION.—With respect to the 

24 land, water, and interests in land and water of the 


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1 Barataria Preserve Unit, the Secretary shall preserve and 

2 protect— 

3 ‘‘(1) fresh water drainage patterns; 

4 ‘‘(2) vegetative cover; 

5 ‘‘(3) the integrity of ecological and biological 

6 systems; and 

7 ‘‘(4) water and air quality. 

8 ‘‘(c) ADJACENT LAND.—With the consent of the 

9 owner and the parish governing authority, the Secretary 

10 may— 

11 ‘‘(1) acquire land, water, and interests in land 

12 and water, by any of the methods referred to in sub13 section (a)(1)(A) (including use of appropriations 

14 from the Land and Water Conservation Fund); and 

15 ‘‘(2) revise the boundaries of the Barataria Pre16 serve Unit to include adjacent land and water.’’; and 

17 (3) by redesignating subsection (g) as sub18 section (d). 

19 (c) DEFINITION OF IMPROVED PROPERTY.—Section 

20 903 of the National Parks and Recreation Act of 1978 

21 (16 U.S.C. 230b) is amended in the fifth sentence by in22 serting ‘‘(or January 1, 2007, for areas added to the park 

23 after that date)’’ after ‘‘January 1, 1977’’. 

24 (d) HUNTING, FISHING, AND TRAPPING.—Section 

25 905 of the National Parks and Recreation Act of 1978 


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1 (16 U.S.C. 230d) is amended in the first sentence by 

2 striking ‘‘, except that within the core area and on those 

3 lands acquired by the Secretary pursuant to section 902(c) 

4 of this title, he’’ and inserting ‘‘on land, and interests in 

5 land and water managed by the Secretary, except that the 

6 Secretary’’. 

7 (e) ADMINISTRATION.—Section 906 of the National 

8 Parks and Recreation Act of 1978 (16 U.S.C. 230e) is 

9 amended— 

10 (1) by striking the first sentence; and 

11 (2) in the second sentence, by striking ‘‘Pend12 ing such establishment and thereafter the’’ and in13 serting ‘‘The’’. 

14 (f) REFERENCES IN LAW.— 

15 (1) IN GENERAL.—Any reference in a law (in16 cluding regulations), map, document, paper, or other 

17 record of the United States— 

18 (A) to the Barataria Marsh Unit shall be 

19 considered to be a reference to the Barataria 

20 Preserve Unit; or 

21 (B) to the Jean Lafitte National Historical 

22 Park shall be considered to be a reference to 

23 the Jean Lafitte National Historical Park and 

24 Preserve. 


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1 (2) CONFORMING AMENDMENTS.—Title IX of 

2 the National Parks and Recreation Act of 1978 (16 

3 U.S.C. 230 et seq.) is amended— 

4 (A) by striking ‘‘Barataria Marsh Unit’’ 

5 each place it appears and inserting ‘‘Barataria 

6 Preserve Unit’’; and 

7 (B) by striking ‘‘Jean Lafitte National 

8 Historical Park’’ each place it appears and in9 serting ‘‘Jean Lafitte National Historical Park 

10 and Preserve’’. 

11 SEC. 716. MINUTE MAN NATIONAL HISTORICAL PARK. 

12 (a) DEFINITIONS.—In this section: 

13 (1) MAP.—The term ‘‘map’’ means the map en14 titled ‘‘Minute Man National Historical Park Pro15 posed Boundary’’, numbered 406/81001, and dated 

16 July 2007. 

17 (2) PARK.—The term ‘‘Park’’ means the 

18 Minute Man National Historical Park in the State 

19 of Massachusetts. 

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

21 the Secretary of the Interior. 

22 (b) MINUTE MAN NATIONAL HISTORICAL PARK.— 

23 (1) BOUNDARY ADJUSTMENT.— 


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

2 Park is modified to include the area generally 

3 depicted on the map. 

4 (B) AVAILABILITY OF MAP.—The map 

5 shall be on file and available for inspection in 

6 the appropriate offices of the National Park 

7 Service. 

8 (2) ACQUISITION OF LAND.—The Secretary 

9 may acquire the land or an interest in the land de10 scribed in paragraph (1)(A) by— 

11 (A) purchase from willing sellers with do12 nated or appropriated funds; 

13 (B) donation; or 

14 (C) exchange. 

15 (3) ADMINISTRATION OF LAND.—The Secretary 

16 shall administer the land added to the Park under 

17 paragraph (1)(A) in accordance with applicable laws 

18 (including regulations). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 SEC. 717. EVERGLADES NATIONAL PARK. 

23 (a) DEFINITIONS.—In this section: 

24 (1) HURRICANE HOLE.—The term ‘‘Hurricane 

25 Hole’’ means the natural salt-water body of water 


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1 within the Duesenbury Tracts of the eastern parcel 

2 of the Tarpon Basin boundary adjustment and 

3 accessed by Duesenbury Creek. 

4 (2) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Proposed Tarpon Basin Boundary Revision’’, 

6 numbered 160/80,012, and dated May 2008. 

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

8 the Secretary of the Interior. 

9 (4) TARPON BASIN PROPERTY.—The term 

10 ‘‘Tarpon Basin property’’ means land that— 

11 (A) is comprised of approximately 600 

12 acres of land and water surrounding Hurricane 

13 Hole, as generally depicted on the map; and 

14 (B) is located in South Key Largo. 

15 (b) BOUNDARY REVISION.— 

16 (1) BOUNDARY REVISION.—The boundary of 

17 the Everglades National Park is adjusted to include 

18 the Tarpon Basin property. 

19 (2) ACQUISITION AUTHORITY.—The Secretary 

20 may acquire from willing sellers by donation, pur21 chase with donated or appropriated funds, or ex22 change, land, water, or interests in land and water, 

23 within the area depicted on the map, to be added to 

24 Everglades National Park. 


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1 (3) AVAILABILITY OF MAP.—The map shall be 

2 on file and available for public inspection in the ap3 propriate offices of the National Park Service. 

4 (4) ADMINISTRATION.—Land added to Ever5 glades National Park by this section shall be admin6 istered as part of Everglades National Park in ac7 cordance with applicable laws (including regula8 tions). 

9 (c) HURRICANE HOLE.—The Secretary may allow 

10 use of Hurricane Hole by sailing vessels during emer11 gencies, subject to such terms and conditions as the Sec12 retary determines to be necessary. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

16 SEC. 718. KALAUPAPA NATIONAL HISTORICAL PARK. 

17 (a) IN GENERAL.—The Secretary of Interior shall 

18 authorize Ka ‘Ohana O Kalaupapa, a non-profit organiza19 tion consisting of patient residents at Kalaupapa National 

20 Historical Park, and their family members and friends, 

21 to establish a memorial at a suitable location or locations 

22 approved by the Secretary at Kalawao or Kalaupapa with23 in the boundaries of Kalaupapa National Historical Park 

24 located on the island of Molokai, in the State of Hawaii, 

25 to honor and perpetuate the memory of those individuals 


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1 who were forcibly relocated to Kalaupapa Peninsula from 

2 1866 to 1969. 

3 (b) DESIGN.— 

4 (1) IN GENERAL.—The memorial authorized by 

5 subsection (a) shall— 

6 (A) display in an appropriate manner the 

7 names of the first 5,000 individuals sent to the 

8 Kalaupapa Peninsula between 1866 and 1896, 

9 most of whom lived at Kalawao; and 

10 (B) display in an appropriate manner the 

11 names of the approximately 3,000 individuals 

12 who arrived at Kalaupapa in the second part of 

13 its history, when most of the community was 

14 concentrated on the Kalaupapa side of the pe15 ninsula. 

16 (2) APPROVAL.—The location, size, design, and 

17 inscriptions of the memorial authorized by sub18 section (a) shall be subject to the approval of the 

19 Secretary of the Interior. 

20 (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit 

21 organization, shall be solely responsible for acceptance of 

22 contributions for and payment of the expenses associated 

23 with the establishment of the memorial. 


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1 SEC. 719. BOSTON HARBOR ISLANDS NATIONAL RECRE2 ATION AREA. 

3 (a) COOPERATIVE AGREEMENTS.—Section 1029(d) 

4 of the Omnibus Parks and Public Lands Management Act 

5 of 1996 (16 U.S.C. 460kkk(d)) is amended by striking 

6 paragraph (3) and inserting the following: 

7 ‘‘(3) AGREEMENTS.— 

8 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.— 

9 In this paragraph, the term ‘eligible entity’ 

10 means— 

11 ‘‘(i) the Commonwealth of Massachu12 setts; 

13 ‘‘(ii) a political subdivision of the 

14 Commonwealth of Massachusetts; or 

15 ‘‘(iii) any other entity that is a mem16 ber of the Boston Harbor Islands Partner17 ship described in subsection (e)(2). 

18 ‘‘(B) AUTHORITY OF SECRETARY.—Subject 

19 to subparagraph (C), the Secretary may consult 

20 with an eligible entity on, and enter into with 

21 the eligible entity— 

22 ‘‘(i) a cooperative management agree23 ment to acquire from, and provide to, the 

24 eligible entity goods and services for the 

25 cooperative management of land within the 

26 recreation area; and 


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1 ‘‘(ii) notwithstanding section 6305 of 

2 title 31, United States Code, a cooperative 

3 agreement for the construction of recre4 ation area facilities on land owned by an 

5 eligible entity for purposes consistent with 

6 the management plan under subsection (f). 

7 ‘‘(C) CONDITIONS.—The Secretary may 

8 enter into an agreement with an eligible entity 

9 under subparagraph (B) only if the Secretary 

10 determines that— 

11 ‘‘(i) appropriations for carrying out 

12 the purposes of the agreement are avail13 able; and 

14 ‘‘(ii) the agreement is in the best in15 terests of the United States.’’. 

16 (b) TECHNICAL AMENDMENTS.— 

17 (1) MEMBERSHIP.—Section 1029(e)(2)(B) of 

18 the Omnibus Parks and Public Lands Management 

19 Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amend20 ed by striking ‘‘Coast Guard’’ and inserting ‘‘Coast 

21 Guard.’’. 

22 (2) DONATIONS.—Section 1029(e)(11) of the 

23 Omnibus Parks and Public Lands Management Act 

24 of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by 


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1 striking ‘‘Nothwithstanding’’ and inserting ‘‘Not2 withstanding’’. 

3 Subtitle C—Special Resource 

4 Studies 

5 SEC. 721. WILLIAM JEFFERSON CLINTON BIRTHPLACE 

6 HOME NATIONAL HISTORIC SITE. 

7 (a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF

8 HISTORIC SITE.—Should the Secretary of the Interior ac9 quire, by donation only from the Clinton Birthplace Foun10 dation, Inc., fee simple, unencumbered title to the William 

11 Jefferson Clinton Birthplace Home site located at 117 

12 South Hervey Street, Hope, Arkansas, 71801, and to any 

13 personal property related to that site, the Secretary shall 

14 designate the William Jefferson Clinton Birthplace Home 

15 site as a National Historic Site and unit of the National 

16 Park System, to be known as the ‘‘President William Jef17 ferson Clinton Birthplace Home National Historic Site’’. 

18 (b) APPLICABILITY OF OTHER LAWS.—The Sec19 retary shall administer the President William Jefferson 

20 Clinton Birthplace Home National Historic Site in accord21 ance with the laws generally applicable to national historic 

22 sites, including the Act entitled ‘‘An Act to establish a Na23 tional Park Service, and for other purposes’’, approved 

24 August 25, 1916 (16 U.S.C. 1–4), and the Act entitled 

25 ‘‘An Act to provide for the preservation of historic AmerVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ican sites, buildings, objects and antiquities of national 

2 significance, and for other purposes’’, approved August 

3 21, 1935 (16 U.S.C. 461 et seq.). 

4 SEC. 722. WALNUT CANYON STUDY. 

5 (a) DEFINITIONS.—In this section: 

6 (1) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Walnut Canyon Proposed Study Area’’ and 

8 dated July 17, 2007. 

9 (2) SECRETARIES.—The term ‘‘Secretaries’’ 

10 means the Secretary of the Interior and the Sec11 retary of Agriculture, acting jointly. 

12 (3) STUDY AREA.—The term ‘‘study area’’ 

13 means the area identified on the map as the ‘‘Wal14 nut Canyon Proposed Study Area’’. 

15 (b) STUDY.— 

16 (1) IN GENERAL.—The Secretaries shall con17 duct a study of the study area to assess— 

18 (A) the suitability and feasibility of desig19 nating all or part of the study area as an addi20 tion to Walnut Canyon National Monument, in 

21 accordance with section 8(c) of Public Law 91– 

22 383 (16 U.S.C. 1a–5(c)); 

23 (B) continued management of the study 

24 area by the Forest Service; or 


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1 (C) any other designation or management 

2 option that would provide for— 

3 (i) protection of resources within the 

4 study area; and 

5 (ii) continued access to, and use of, 

6 the study area by the public. 

7 (2) CONSULTATION.—The Secretaries shall pro8 vide for public comment in the preparation of the 

9 study, including consultation with appropriate Fed10 eral, State, and local governmental entities. 

11 (3) REPORT.—Not later than 18 months after 

12 the date on which funds are made available to carry 

13 out this section, the Secretaries shall submit to the 

14 Committee on Energy and Natural Resources of the 

15 Senate and the Committee on Natural Resources of 

16 the House of Representatives a report that de17 scribes— 

18 (A) the results of the study; and 

19 (B) any recommendations of the Secre20 taries. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this section. 

24 SEC. 723. TULE LAKE SEGREGATION CENTER, CALIFORNIA. 

25 (a) STUDY.— 


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1 (1) IN GENERAL.—The Secretary of the Inte2 rior (referred to in this section as the ‘‘Secretary’’) 

3 shall conduct a special resource study of the Tule 

4 Lake Segregation Center to determine the national 

5 significance of the site and the suitability and feasi6 bility of including the site in the National Park Sys7 tem. 

8 (2) STUDY GUIDELINES.—The study shall be 

9 conducted in accordance with the criteria for the 

10 study of areas for potential inclusion in the National 

11 Park System under section 8 of Public Law 91–383 

12 (16 U.S.C. 1a–5). 

13 (3) CONSULTATION.—In conducting the study, 

14 the Secretary shall consult with— 

15 (A) Modoc County; 

16 (B) the State of California; 

17 (C) appropriate Federal agencies; 

18 (D) tribal and local government entities; 

19 (E) private and nonprofit organizations; 

20 and 

21 (F) private landowners. 

22 (4) SCOPE OF STUDY.—The study shall include 

23 an evaluation of— 

24 (A) the significance of the site as a part of 

25 the history of World War II; 


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1 (B) the significance of the site as the site 

2 relates to other war relocation centers;. 

3 (C) the historical resources of the site, in4 cluding the stockade, that are intact and in 

5 place; 

6 (D) the contributions made by the local ag7 ricultural community to the World War II ef8 fort; and 

9 (E) the potential impact of designation of 

10 the site as a unit of the National Park System 

11 on private landowners. 

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

13 on which funds are made available to conduct the study 

14 required under this section, the Secretary shall submit to 

15 the Committee on Natural Resources of the House of Rep16 resentatives and the Committee on Energy and Natural 

17 Resources of the Senate a report describing the findings, 

18 conclusions, and recommendations of the study. 

19 SEC. 724. ESTATE GRANGE, ST. CROIX. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Secretary of the Inte22 rior (referred to in this section as the ‘‘Secretary’’), 

23 in consultation with the Governor of the Virgin Is24 lands, shall conduct a special resource study of Es25 tate Grange and other sites and resources associated 


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1 with Alexander Hamilton’s life on St. Croix in the 

2 United States Virgin Islands. 

3 (2) CONTENTS.—In conducting the study under 

4 paragraph (1), the Secretary shall evaluate— 

5 (A) the national significance of the sites 

6 and resources; and 

7 (B) the suitability and feasibility of desig8 nating the sites and resources as a unit of the 

9 National Park System. 

10 (3) CRITERIA.—The criteria for the study of 

11 areas for potential inclusion in the National Park 

12 System contained in section 8 of Public Law 91–383 

13 (16 U.S.C. 1a–5) shall apply to the study under 

14 paragraph (1). 

15 (4) REPORT.—Not later than 3 years after the 

16 date on which funds are first made available for the 

17 study under paragraph (1), the Secretary shall sub18 mit to the Committee on Natural Resources of the 

19 House of Representatives and the Committee on En20 ergy and Natural Resources of the Senate a report 

21 containing— 

22 (A) the results of the study; and 

23 (B) any findings, conclusions, and rec24 ommendations of the Secretary. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 725. HARRIET BEECHER STOWE HOUSE, MAINE. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—Not later than 3 years after 

7 the date on which funds are made available to carry 

8 out this section, the Secretary of the Interior (re9 ferred to in this section as the ‘‘Secretary’’) shall 

10 complete a special resource study of the Harriet 

11 Beecher Stowe House in Brunswick, Maine, to 

12 evaluate— 

13 (A) the national significance of the Harriet 

14 Beecher Stowe House and surrounding land; 

15 and 

16 (B) the suitability and feasibility of desig17 nating the Harriet Beecher Stowe House and 

18 surrounding land as a unit of the National 

19 Park System. 

20 (2) STUDY GUIDELINES.—In conducting the 

21 study authorized under paragraph (1), the Secretary 

22 shall use the criteria for the study of areas for po23 tential inclusion in the National Park System con24 tained in section 8(c) of Public Law 91–383 (16 

25 U.S.C. 1a–5(c)). 


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1 (b) REPORT.—On completion of the study required 

2 under subsection (a), the Secretary shall submit to the 

3 Committee on Energy and Natural Resources of the Sen4 ate and the Committee on Natural Resources of the House 

5 of Representatives a report containing the findings, con6 clusions, and recommendations of the study. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section. 

10 SEC. 726. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA. 

11 (a) SPECIAL RESOURCES STUDY.—The Secretary of 

12 the Interior (referred to in this section as the ‘‘Secretary’’) 

13 shall conduct a special resource study relating to the Bat14 tle of Shepherdstown in Shepherdstown, West Virginia, to 

15 evaluate— 

16 (1) the national significance of the 

17 Shepherdstown battlefield and sites relating to the 

18 Shepherdstown battlefield; and 

19 (2) the suitability and feasibility of adding the 

20 Shepherdstown battlefield and sites relating to the 

21 Shepherdstown battlefield as part of— 

22 (A) Harpers Ferry National Historical 

23 Park; or 

24 (B) Antietam National Battlefield. 


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1 (b) CRITERIA.—In conducting the study authorized 

2 under subsection (a), the Secretary shall use the criteria 

3 for the study of areas for potential inclusion in the Na4 tional Park System contained in section 8(c) of Public 

5 Law 91–383 (16 U.S.C. 1a–5(c)). 

6 (c) REPORT.—Not later than 3 years after the date 

7 on which funds are made available to carry out this sec8 tion, the Secretary shall submit to the Committee on En9 ergy and Natural Resources of the Senate and the Com10 mittee on Natural Resources of the House of Representa11 tives a report containing the findings, conclusions, and 

12 recommendations of the study conducted under subsection 

13 (a). 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

17 SEC. 727. GREEN MCADOO SCHOOL, TENNESSEE. 

18 (a) IN GENERAL.—The Secretary of the Interior (re19 ferred to in this section as the ‘‘Secretary’’) shall conduct 

20 a special resource study of the site of Green McAdoo 

21 School in Clinton, Tennessee, (referred to in this section 

22 as the ‘‘site’’) to evaluate— 

23 (1) the national significance of the site; and 

24 (2) the suitability and feasibility of designating 

25 the site as a unit of the National Park System. 


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1 (b) CRITERIA.—In conducting the study under sub2 section (a), the Secretary shall use the criteria for the 

3 study of areas for potential inclusion in the National Park 

4 System under section 8(c) of Public Law 91–383 (16 

5 U.S.C. 1a–5(c)). 

6 (c) CONTENTS.—The study authorized by this section 

7 shall— 

8 (1) determine the suitability and feasibility of 

9 designating the site as a unit of the National Park 

10 System; 

11 (2) include cost estimates for any necessary ac12 quisition, development, operation, and maintenance 

13 of the site; and 

14 (3) identify alternatives for the management, 

15 administration, and protection of the site. 

16 (d) REPORT.—Not later than 3 years after the date 

17 on which funds are made available to carry out this sec18 tion, the Secretary shall submit to the Committee on Nat19 ural Resources of the House of Representatives and the 

20 Committee on Energy and Natural Resources of the Sen21 ate a report that describes— 

22 (1) the findings and conclusions of the study; 

23 and 

24 (2) any recommendations of the Secretary. 


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1 SEC. 728. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 

2 (a) IN GENERAL.—The Secretary of the Interior (re3 ferred to in this section as the ‘‘Secretary’’) shall conduct 

4 a special resource study of the Harry S Truman Birth5 place State Historic Site (referred to in this section as 

6 the ‘‘birthplace site’’) in Lamar, Missouri, to determine— 

7 (1) the suitability and feasibility of— 

8 (A) adding the birthplace site to the Harry 

9 S Truman National Historic Site; or 

10 (B) designating the birthplace site as a 

11 separate unit of the National Park System; and 

12 (2) the methods and means for the protection 

13 and interpretation of the birthplace site by the Na14 tional Park Service, other Federal, State, or local 

15 government entities, or private or nonprofit organi16 zations. 

17 (b) STUDY REQUIREMENTS.—The Secretary shall 

18 conduct the study required under subsection (a) in accord19 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

20 1a–5(c)). 

21 (c) REPORT.—Not later than 3 years after the date 

22 on which funds are made available to carry out this sec23 tion, the Secretary shall submit to the Committee on Nat24 ural Resources of the House of Representatives and the 

25 Committee on Energy and Natural Resources of the Sen26 ate a report containing— 


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1 (1) the results of the study conducted under 

2 subsection (a); and 

3 (2) any recommendations of the Secretary with 

4 respect to the birthplace site. 

5 SEC. 729. BATTLE OF MATEWAN SPECIAL RESOURCE 

6 STUDY. 

7 (a) IN GENERAL.—The Secretary of the Interior (re8 ferred to in this section as the ‘‘Secretary’’) shall conduct 

9 a special resource study of the sites and resources at 

10 Matewan, West Virginia, associated with the Battle of 

11 Matewan (also known as the ‘‘Matewan Massacre’’) of 

12 May 19, 1920, to determine— 

13 (1) the suitability and feasibility of designating 

14 certain historic areas of Matewan, West Virginia, as 

15 a unit of the National Park System; and 

16 (2) the methods and means for the protection 

17 and interpretation of the historic areas by the Na18 tional Park Service, other Federal, State, or local 

19 government entities, or private or nonprofit organi20 zations. 

21 (b) STUDY REQUIREMENTS.—The Secretary shall 

22 conduct the study required under subsection (a) in accord23 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

24 1a–5(c)). 


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1 (c) REPORT.—Not later than 3 years after the date 

2 on which funds are made available to carry out this sec3 tion, the Secretary shall submit to the Committee on Nat4 ural Resources of the House of Representatives and the 

5 Committee on Energy and Natural Resources of the Sen6 ate a report containing— 

7 (1) the results of the study conducted under 

8 subsection (a); and 

9 (2) any recommendations of the Secretary with 

10 respect to the historic areas. 

11 SEC. 730. BUTTERFIELD OVERLAND TRAIL. 

12 (a) IN GENERAL.—The Secretary of the Interior (re13 ferred to in this section as the ‘‘Secretary’’) shall conduct 

14 a special resource study along the route known as the ‘‘Ox15 Bow Route’’ of the Butterfield Overland Trail (referred 

16 to in this section as the ‘‘route’’) in the States of Missouri, 

17 Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Ari18 zona, and California to evaluate— 

19 (1) a range of alternatives for protecting and 

20 interpreting the resources of the route, including al21 ternatives for potential addition of the Trail to the 

22 National Trails System; and 

23 (2) the methods and means for the protection 

24 and interpretation of the route by the National Park 


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1 Service, other Federal, State, or local government 

2 entities, or private or nonprofit organizations. 

3 (b) STUDY REQUIREMENTS.—The Secretary shall 

4 conduct the study required under subsection (a) in accord5 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

6 1a–5(c)) or section 5(b) of the National Trails System Act 

7 (16 U.S.C. 1244(b)), as appropriate. 

8 (c) REPORT.—Not later than 3 years after the date 

9 on which funds are made available to carry out this sec10 tion, the Secretary shall submit to the Committee on Nat11 ural Resources of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the Sen13 ate a report containing— 

14 (1) the results of the study conducted under 

15 subsection (a); and 

16 (2) any recommendations of the Secretary with 

17 respect to the route. 

18 Subtitle D—Program 

19 Authorizations 

20 SEC. 741. AMERICAN BATTLEFIELD PROTECTION PRO21 GRAM. 

22 The American Battlefield Protection Act of 1996 (16 

23 U.S.C. 469k) is amended— 


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1 (1) in subsection (d)(7)(A), by striking ‘‘fiscal 

2 years 2004 through 2008’’ and inserting ‘‘fiscal 

3 years 2009 through 2013’’; and 

4 (2) by striking subsection (e). 

5 SEC. 742. PRESERVE AMERICA PROGRAM. 

6 (a) PURPOSE.—The purpose of this section is to au7 thorize the Preserve America Program, including— 

8 (1) the Preserve America grant program within 

9 the Department of the Interior; 

10 (2) the recognition programs administered by 

11 the Advisory Council on Historic Preservation; and 

12 (3) the related efforts of Federal agencies, 

13 working in partnership with State, tribal, and local 

14 governments and the private sector, to support and 

15 promote the preservation of historic resources. 

16 (b) DEFINITIONS.—In this section: 

17 (1) COUNCIL.—The term ‘‘Council’’ means the 

18 Advisory Council on Historic Preservation. 

19 (2) HERITAGE TOURISM.—The term ‘‘heritage 

20 tourism’’ means the conduct of activities to attract 

21 and accommodate visitors to a site or area based on 

22 the unique or special aspects of the history, land23 scape (including trail systems), and culture of the 

24 site or area. 


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1 (3) PROGRAM.—The term ‘‘program’’ means 

2 the Preserve America Program established under 

3 subsection (c)(1). 

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

5 the Secretary of the Interior. 

6 (c) ESTABLISHMENT.— 

7 (1) IN GENERAL.—There is established in the 

8 Department of the Interior the Preserve America 

9 Program, under which the Secretary, in partnership 

10 with the Council, may provide competitive grants to 

11 States, local governments (including local govern12 ments in the process of applying for designation as 

13 Preserve America Communities under subsection 

14 (d)), Indian tribes, communities designated as Pre15 serve America Communities under subsection (d), 

16 State historic preservation offices, and tribal historic 

17 preservation offices to support preservation efforts 

18 through heritage tourism, education, and historic 

19 preservation planning activities. 

20 (2) ELIGIBLE PROJECTS.— 

21 (A) IN GENERAL.—The following projects 

22 shall be eligible for a grant under this section: 

23 (i) A project for the conduct of— 


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1 (I) research on, and documenta2 tion of, the history of a community; 

3 and 

4 (II) surveys of the historic re5 sources of a community. 

6 (ii) An education and interpretation 

7 project that conveys the history of a com8 munity or site. 

9 (iii) A planning project (other than 

10 building rehabilitation) that advances eco11 nomic development using heritage tourism 

12 and historic preservation. 

13 (iv) A training project that provides 

14 opportunities for professional development 

15 in areas that would aid a community in 

16 using and promoting its historic resources. 

17 (v) A project to support heritage tour18 ism in a Preserve America Community des19 ignated under subsection (d). 

20 (vi) Other nonconstruction projects 

21 that identify or promote historic properties 

22 or provide for the education of the public 

23 about historic properties that are con24 sistent with the purposes of this section. 


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1 (B) LIMITATION.—In providing grants 

2 under this section, the Secretary shall only pro3 vide 1 grant to each eligible project selected for 

4 a grant. 

5 (3) PREFERENCE.—In providing grants under 

6 this section, the Secretary may give preference to 

7 projects that carry out the purposes of both the pro8 gram and the Save America’s Treasures Program. 

9 (4) CONSULTATION AND NOTIFICATION.— 

10 (A) CONSULTATION.—The Secretary shall 

11 consult with the Council in preparing the list of 

12 projects to be provided grants for a fiscal year 

13 under the program. 

14 (B) NOTIFICATION.—Not later than 30 

15 days before the date on which the Secretary 

16 provides grants for a fiscal year under the pro17 gram, the Secretary shall submit to the Com18 mittee on Energy and Natural Resources of the 

19 Senate, the Committee on Appropriations of the 

20 Senate, the Committee on Natural Resources of 

21 the House of Representatives, and the Com22 mittee on Appropriations of the House of Rep23 resentatives a list of any eligible projects that 

24 are to be provided grants under the program 

25 for the fiscal year. 


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1 (5) COST-SHARING REQUIREMENT.— 

2 (A) IN GENERAL.—The non-Federal share 

3 of the cost of carrying out a project provided a 

4 grant under this section shall be not less than 

5 50 percent of the total cost of the project. 

6 (B) FORM OF NON-FEDERAL SHARE.—The 

7 non-Federal share required under subparagraph 

8 (A) shall be in the form of— 

9 (i) cash; or 

10 (ii) donated supplies and related serv11 ices, the value of which shall be determined 

12 by the Secretary. 

13 (C) REQUIREMENT.—The Secretary shall 

14 ensure that each applicant for a grant has the 

15 capacity to secure, and a feasible plan for se16 curing, the non-Federal share for an eligible 

17 project required under subparagraph (A) before 

18 a grant is provided to the eligible project under 

19 the program. 

20 (d) DESIGNATION OF PRESERVE AMERICA COMMU21 NITIES.— 

22 (1) APPLICATION.—To be considered for des23 ignation as a Preserve America Community, a com24 munity, tribal area, or neighborhood shall submit to 


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1 the Council an application containing such informa2 tion as the Council may require. 

3 (2) CRITERIA.—To be designated as a Preserve 

4 America Community under the program, a commu5 nity, tribal area, or neighborhood that submits an 

6 application under paragraph (1) shall, as determined 

7 by the Council, in consultation with the Secretary, 

8 meet criteria required by the Council and, in addi9 tion, consider— 

10 (A) protection and celebration of the herit11 age of the community, tribal area, or neighbor12 hood; 

13 (B) use of the historic assets of the com14 munity, tribal area, or neighborhood for eco15 nomic development and community revitaliza16 tion; and 

17 (C) encouragement of people to experience 

18 and appreciate local historic resources through 

19 education and heritage tourism programs. 

20 (3) LOCAL GOVERNMENTS PREVIOUSLY CER21 TIFIED FOR HISTORIC PRESERVATION ACTIVITIES.— 

22 The Council shall establish an expedited process for 

23 Preserve America Community designation for local 

24 governments previously certified for historic preser25 vation activities under section 101(c)(1) of the NaVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 tional Historic Preservation Act (16 U.S.C. 

2 470a(c)(1)). 

3 (4) GUIDELINES.—The Council, in consultation 

4 with the Secretary, shall establish any guidelines 

5 that are necessary to carry out this subsection. 

6 (e) REGULATIONS.—The Secretary shall develop any 

7 guidelines and issue any regulations that the Secretary de8 termines to be necessary to carry out this section. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $25,000,000 for each fiscal year, to remain available until 

12 expended. 

13 SEC. 743. SAVE AMERICA’S TREASURES PROGRAM. 

14 (a) PURPOSE.—The purpose of this section is to au15 thorize within the Department of the Interior the Save 

16 America’s Treasures Program, to be carried out by the 

17 Director of the National Park Service, in partnership 

18 with— 

19 (1) the National Endowment for the Arts; 

20 (2) the National Endowment for the Human21 ities; 

22 (3) the Institute of Museum and Library Serv23 ices; 

24 (4) the National Trust for Historic Preserva25 tion; 


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1 (5) the National Conference of State Historic 

2 Preservation Officers; 

3 (6) the National Association of Tribal Historic 

4 Preservation Officers; and 

5 (7) the President’s Committee on the Arts and 

6 the Humanities. 

7 (b) DEFINITIONS.—In this section: 

8 (1) COLLECTION.—The term ‘‘collection’’ 

9 means a collection of intellectual and cultural arti10 facts, including documents, sculpture, and works of 

11 art. 

12 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means a Federal entity, State, local, or tribal 

14 government, educational institution, or nonprofit or15 ganization. 

16 (3) HISTORIC PROPERTY.—The term ‘‘historic 

17 property’’ has the meaning given the term in section 

18 301 of the National Historic Preservation Act (16 

19 U.S.C. 470w). 

20 (4) NATIONALLY SIGNIFICANT.—The term ‘‘na21 tionally significant’’ means a collection or historic 

22 property that meets the applicable criteria for na23 tional significance, in accordance with regulations 

24 promulgated by the Secretary pursuant to section 


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1 101(a)(2) of the National Historic Preservation Act 

2 (16 U.S.C. 470a(a)(2)). 

3 (5) PROGRAM.—The term ‘‘program’’ means 

4 the Save America’s Treasures Program established 

5 under subsection (c)(1). 

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

7 the Secretary of the Interior, acting through the Di8 rector of the National Park Service. 

9 (c) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established in the 

11 Department of the Interior the Save America’s 

12 Treasures program, under which the amounts made 

13 available to the Secretary under subsection (e) shall 

14 be used by the Secretary, in consultation with the 

15 organizations described in subsection (a), subject to 

16 paragraph (6)(A)(ii), to provide grants to eligible en17 tities for projects to preserve nationally significant 

18 collections and historic properties. 

19 (2) DETERMINATION OF GRANTS.—Of the 

20 amounts made available for grants under subsection 

21 (e), not less than 50 percent shall be made available 

22 for grants for projects to preserve collections and 

23 historic properties, to be distributed through a com24 petitive grant process administered by the Secretary, 


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1 subject to the eligibility criteria established under 

2 paragraph (5). 

3 (3) APPLICATIONS FOR GRANTS.—To be consid4 ered for a competitive grant under the program an 

5 eligible entity shall submit to the Secretary an appli6 cation containing such information as the Secretary 

7 may require. 

8 (4) COLLECTIONS AND HISTORIC PROPERTIES

9 ELIGIBLE FOR COMPETITIVE GRANTS.— 

10 (A) IN GENERAL.—A collection or historic 

11 property shall be provided a competitive grant 

12 under the program only if the Secretary deter13 mines that the collection or historic property 

14 is— 

15 (i) nationally significant; and 

16 (ii) threatened or endangered. 

17 (B) ELIGIBLE COLLECTIONS.—A deter18 mination by the Secretary regarding the na19 tional significance of collections under subpara20 graph (A)(i) shall be made in consultation with 

21 the organizations described in subsection (a), as 

22 appropriate. 

23 (C) ELIGIBLE HISTORIC PROPERTIES.—To 

24 be eligible for a competitive grant under the 


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1 program, a historic property shall, as of the 

2 date of the grant application— 

3 (i) be listed in the National Register 

4 of Historic Places at the national level of 

5 significance; or 

6 (ii) be designated as a National His7 toric Landmark. 

8 (5) SELECTION CRITERIA FOR GRANTS.— 

9 (A) IN GENERAL.—The Secretary shall not 

10 provide a grant under this section to a project 

11 for an eligible collection or historic property un12 less the project— 

13 (i) eliminates or substantially miti14 gates the threat of destruction or deterio15 ration of the eligible collection or historic 

16 property; 

17 (ii) has a clear public benefit; and 

18 (iii) is able to be completed on sched19 ule and within the budget described in the 

20 grant application. 

21 (B) PREFERENCE.—In providing grants 

22 under this section, the Secretary may give pref23 erence to projects that carry out the purposes 

24 of both the program and the Preserve America 

25 Program. 


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1 (C) LIMITATION.—In providing grants 

2 under this section, the Secretary shall only pro3 vide 1 grant to each eligible project selected for 

4 a grant. 

5 (6) CONSULTATION AND NOTIFICATION BY SEC6 RETARY.— 

7 (A) CONSULTATION.— 

8 (i) IN GENERAL.—Subject to clause 

9 (ii), the Secretary shall consult with the or10 ganizations described in subsection (a) in 

11 preparing the list of projects to be pro12 vided grants for a fiscal year by the Sec13 retary under the program. 

14 (ii) LIMITATION.—If an entity de15 scribed in clause (i) has submitted an ap16 plication for a grant under the program, 

17 the entity shall be recused by the Secretary 

18 from the consultation requirements under 

19 that clause and paragraph (1). 

20 (B) NOTIFICATION.—Not later than 30 

21 days before the date on which the Secretary 

22 provides grants for a fiscal year under the pro23 gram, the Secretary shall submit to the Com24 mittee on Energy and Natural Resources of the 

25 Senate, the Committee on Appropriations of the 


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1 Senate, the Committee on Natural Resources of 

2 the House of Representatives, and the Com3 mittee on Appropriations of the House of Rep4 resentatives a list of any eligible projects that 

5 are to be provided grants under the program 

6 for the fiscal year. 

7 (7) COST-SHARING REQUIREMENT.— 

8 (A) IN GENERAL.—The non-Federal share 

9 of the cost of carrying out a project provided a 

10 grant under this section shall be not less than 

11 50 percent of the total cost of the project. 

12 (B) FORM OF NON-FEDERAL SHARE.—The 

13 non-Federal share required under subparagraph 

14 (A) shall be in the form of— 

15 (i) cash; or 

16 (ii) donated supplies or related serv17 ices, the value of which shall be determined 

18 by the Secretary. 

19 (C) REQUIREMENT.—The Secretary shall 

20 ensure that each applicant for a grant has the 

21 capacity and a feasible plan for securing the 

22 non-Federal share for an eligible project re23 quired under subparagraph (A) before a grant 

24 is provided to the eligible project under the pro25 gram. 


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1 (d) REGULATIONS.—The Secretary shall develop any 

2 guidelines and issue any regulations that the Secretary de3 termines to be necessary to carry out this section. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $50,000,000 for each fiscal year, to remain available until 

7 expended. 

8 Subtitle E—Advisory Commission 

9 SEC. 744. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY 

10 COMMISSION. 

11 Section 505(f)(7) of the National Parks and Recre12 ation Act of 1978 (16 U.S.C. 396d(f)(7)) is amended by 

13 striking ‘‘ten years after the date of enactment of the Na 

14 Hoa Pili Kaloko-Honokohau Re-establishment Act of 

15 1996’’ and inserting ‘‘on Decmber 31, 2017’’. 

16 TITLE VIII—NATIONAL 

17 HERITAGE AREAS 

18 Subtitle A—National Heritage Area 

19 Program 

20 SEC. 801. PURPOSES. 

21 The purposes of this subtitle are— 

22 (1) to promote public understanding, apprecia23 tion, and enjoyment of many places, events and peo24 ple that have contributed to the story of the United 

25 States; 


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1 (2) to promote innovative and partnership-driv2 en management strategies that recognize regional 

3 values, encourage locally tailored resource steward4 ship and interpretation, and provide for the effective 

5 leveraging of Federal funds with other local, State, 

6 and private funding sources; 

7 (3) to unify national standards and processes 

8 for conducting feasibility studies, designating a sys9 tem of National Heritage Areas, and approving 

10 management plans for National Heritage Areas; 

11 (4) to provide appropriate linkages between 

12 units of the National Park System and communities, 

13 governments, and organizations within National 

14 Heritage Areas; and 

15 (5) to provide financial and technical assistance 

16 to National Heritage Area local coordinating entities 

17 that act as a catalyst for diverse regions, commu18 nities, organizations, and citizens to undertake 

19 projects and programs for collaborative resource 

20 stewardship and interpretation. 

21 SEC. 802. DEFINITIONS. 

22 In this subtitle: 

23 (1) LOCAL COORDINATING ENTITY.—The term 

24 ‘‘local coordinating entity’’ means the entity des25 ignated by Congress— 


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1 (A) to develop, in partnership with others, 

2 the management plan for a National Heritage 

3 Area; and 

4 (B) to act as a catalyst for the implemen5 tation of projects and programs among diverse 

6 partners in the National Heritage Area. 

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the plan prepared by the local co9 ordinating entity for a National Heritage Area des10 ignated by Congress that specifies actions, policies, 

11 strategies, performance goals, and recommendations 

12 to meet the goals of the National Heritage Area, in 

13 accordance with section 806. 

14 (3) NATIONAL HERITAGE AREA.—The term 

15 ‘‘National Heritage Area’’ means an area designated 

16 by Congress that is nationally important to the her17 itage of the United States and meets the criteria es18 tablished under section 804(a). 

19 (4) NATIONAL IMPORTANCE.—The term ‘‘na20 tional importance’’ means possession of— 

21 (A) unique natural, historical, cultural, 

22 educational, scenic, or recreational resources of 

23 exceptional value or quality; and 


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1 (B) a high degree of integrity of location, 

2 setting, or association in illustrating or inter3 preting the heritage of the United States. 

4 (5) PROPOSED NATIONAL HERITAGE AREA.— 

5 The term ‘‘proposed National Heritage Area’’ means 

6 an area under study by the Secretary or other par7 ties for potential designation by Congress as a Na8 tional Heritage Area. 

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

10 the Secretary of the Interior. 

11 (7) STUDY.—The term ‘‘study’’ means a study 

12 conducted by the Secretary, or conducted by 1 or 

13 more other interested parties and reviewed by the 

14 Secretary, in accordance with the criteria and proc15 esses established under section 804, to determine 

16 whether an area meets the criteria to be designated 

17 as a National Heritage Area by Congress. 

18 (8) SYSTEM.—The term ‘‘system’’ means the 

19 system of National Heritage Areas established under 

20 section 803(a). 

21 SEC. 803. NATIONAL HERITAGE AREAS SYSTEM. 

22 (a) IN GENERAL.—In order to recognize certain 

23 areas of the United States that tell nationally important 

24 stories and to protect, enhance, and interpret the natural, 

25 historic, scenic, and cultural resources of the areas that 


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1 together illustrate significant aspects of the heritage of the 

2 United States, there is established a system of National 

3 Heritage Areas through which the Secretary shall provide 

4 technical and financial assistance to local coordinating en5 tities to support the establishment, development, and con6 tinuity of the National Heritage Areas. 

7 (b) SYSTEM.—The system of National Heritage 

8 Areas shall be composed of— 

9 (1) National Heritage Areas established by 

10 Congress before or on the date of enactment of this 

11 Act; and 

12 (2) National Heritage Areas established by 

13 Congress after the date of enactment of this Act, as 

14 provided for in this subtitle. 

15 (c) RELATIONSHIP TO THE NATIONAL PARK SYS16 TEM.— 

17 (1) RELATIONSHIP TO NATIONAL PARK

18 UNITS.—The Secretary shall— 

19 (A) ensure, to the maximum extent prac20 ticable, participation and assistance by units of 

21 the National Park System located near or en22 compassed by National Heritage Areas in local 

23 initiatives for National Heritage Areas that 

24 conserve and interpret resources consistent with 

25 an approved management plan; and 


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1 (B) work with National Heritage Areas to 

2 promote public enjoyment of units of the Na3 tional Park System and park-related resources. 

4 (2) APPLICABILITY OF LAWS.—National Herit5 age Areas shall not be— 

6 (A) considered to be units of the National 

7 Park System; or 

8 (B) subject to the laws applicable to units 

9 of the National Park System. 

10 (d) DUTIES.—Under the system, the Secretary 

11 shall— 

12 (1)(A) conduct studies, as directed by Congress, 

13 to assess the suitability and feasibility of designating 

14 proposed National Heritage Areas; or 

15 (B) review and comment on studies undertaken 

16 by other parties to make such assessment; 

17 (2) provide technical and financial assistance, 

18 on a reimbursable or non-reimbursable basis (as de19 termined by the Secretary), for the development and 

20 implementation of management plans for designated 

21 National Heritage Areas; 

22 (3) enter into cooperative agreements with in23 terested parties to carry out this subtitle; 

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1 age Areas in partnership with local coordinating en2 tities; 

3 (5) provide national oversight, analysis, coordi4 nation, and technical and financial assistance and 

5 support to ensure consistency and accountability 

6 under the system; 

7 (6) submit annually to the Committee on Nat8 ural Resources of the House of Representatives and 

9 the Committee on Energy and Natural Resources of 

10 the Senate a report describing the allocation and ex11 penditure of funds for activities conducted with re12 spect to National Heritage Areas under this subtitle; 

13 and 

14 (7) conduct an evaluation of, and prepare a re15 port on, National Heritage Areas in accordance with 

16 section 807. 

17 SEC. 804. STUDIES. 

18 (a) CRITERIA.—In conducting or reviewing a study, 

19 the Secretary shall apply the following criteria to deter20 mine the suitability and feasibility of designating a pro21 posed National Heritage Area: 

22 (1) An area— 

23 (A) has an assemblage of natural, historic, 

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1 sources that together are nationally important 

2 to the heritage of the United States; 

3 (B) represents distinctive aspects of the 

4 heritage of the United States worthy of recogni5 tion, conservation, interpretation, and con6 tinuing use; 

7 (C) is best managed as such an assemblage 

8 through partnerships among public and private 

9 entities at the local or regional level; 

10 (D) reflects traditions, customs, beliefs, 

11 and folklife that are a valuable part of the her12 itage of the United States; 

13 (E) provides outstanding opportunities to 

14 conserve natural, historical, cultural, or scenic 

15 features; 

16 (F) provides outstanding recreational or 

17 educational opportunities; and 

18 (G) has resources and traditional uses that 

19 have national importance. 

20 (2) Residents, business interests, nonprofit or21 ganizations, and governments (including relevant 

22 Federal land management agencies) within the pro23 posed area are involved in the planning and have 

24 demonstrated significant support through letters and 


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1 other means for National Heritage Area designation 

2 and management. 

3 (3) The local coordinating entity responsible for 

4 preparing and implementing the management plan is 

5 identified. 

6 (4) The proposed local coordinating entity and 

7 units of government supporting the designation are 

8 willing and have documented a significant commit9 ment to work in partnership to protect, enhance, in10 terpret, fund, manage, and develop resources within 

11 the National Heritage Area. 

12 (5) The proposed local coordinating entity has 

13 developed a conceptual financial plan that outlines 

14 the roles of all participants (including the Federal 

15 Government) in the management of the National 

16 Heritage Area. 

17 (6) The proposal is consistent with continued 

18 economic activity within the area. 

19 (7) A conceptual boundary map has been devel20 oped and is supported by the public and partici21 pating Federal agencies. 

22 (b) CONSULTATION.—In conducting or reviewing a 

23 study, the Secretary shall consult with the managers of 

24 any Federal land within the proposed National Heritage 

25 Area and secure the concurrence of the managers with the 


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1 findings of the study before making a determination for 

2 designation. 

3 (c) APPROVAL.—On completion or receipt of a study 

4 for a National Heritage Area, the Secretary shall— 

5 (1) review, comment on, and determine if the 

6 study meets the criteria specified in subsection (a) 

7 for designation as a National Heritage Area; 

8 (2) consult with the Governor of each State in 

9 which the proposed National Heritage Area is lo10 cated; and 

11 (3) transmit to the Committee on Natural Re12 sources of the House of Representatives and the 

13 Committee on Energy and Natural Resources of the 

14 Senate, the study, including— 

15 (A) any comments received from the Gov16 ernor of each State in which the proposed Na17 tional Heritage Area is located; and 

18 (B) a finding as to whether the proposed 

19 National Heritage Area meets the criteria for 

20 designation. 

21 (d) DISAPPROVAL.—If the Secretary determines that 

22 any proposed National Heritage Area does not meet the 

23 criteria for designation, the Secretary shall include within 

24 the study submitted under subsection (c)(3) a description 

25 of the reasons for the determination. 


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1 SEC. 805. DESIGNATION OF NATIONAL HERITAGE AREAS. 

2 (a) IN GENERAL.—The designation of a National 

3 Heritage Area shall be— 

4 (1) by Act of Congress; and 

5 (2) contingent on the prior completion of a 

6 study and an affirmative determination by the Sec7 retary that the area meets the criteria established 

8 under section 804(a). 

9 (b) COMPONENT OF THE SYSTEM.—Any National 

10 Heritage Area designated under subsection (a) shall be a 

11 component of the system. 

12 SEC. 806. MANAGEMENT PLANS. 

13 (a) REQUIREMENTS.—The management plan for any 

14 National Heritage Area shall— 

15 (1) describe comprehensive policies, goals, strat16 egies, and recommendations for telling the story of 

17 the heritage of the area covered by the National 

18 Heritage Area and encouraging long-term resource 

19 protection, enhancement, interpretation, funding, 

20 management, and development of the National Her21 itage Area; 

22 (2) include a description of actions and commit23 ments that governments, private organizations, and 

24 citizens will take to protect, enhance, interpret, fund, 

25 manage, and develop the natural, historical, cultural, 


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1 educational, scenic, and recreational resources of the 

2 National Heritage Area; 

3 (3) specify existing and potential sources of 

4 funding or economic development strategies to pro5 tect, enhance, interpret, fund, manage, and develop 

6 the National Heritage Area; 

7 (4) include an inventory of the natural, histor8 ical, cultural, educational, scenic, and recreational 

9 resources of the National Heritage Area related to 

10 the national importance and themes of the National 

11 Heritage Area that should be protected, enhanced, 

12 interpreted, managed, funded, and developed; 

13 (5) recommend policies and strategies for re14 source management, including the development of 

15 intergovernmental and interagency agreements to 

16 protect, enhance, interpret, fund, manage, and de17 velop the natural, historical, cultural, educational, 

18 scenic, and recreational resources of the National 

19 Heritage Area; 

20 (6) describe a program for implementation for 

21 the management plan, including— 

22 (A) performance goals; 

23 (B) plans for resource protection, enhance24 ment, interpretation, funding, management, and 

25 development; and 


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1 (C) specific commitments for implementa2 tion that have been made by the local coordi3 nating entity or any government agency, organi4 zation, business, or individual; 

5 (7) include an analysis of, and recommenda6 tions for, means by which Federal, State, and local 

7 programs may best be coordinated (including the 

8 role of the National Park Service and other Federal 

9 agencies associated with the National Heritage 

10 Area) to further the purposes of this subtitle; and 

11 (8) include a business plan that— 

12 (A) describes the role, operation, financing, 

13 and functions of the local coordinating entity 

14 and of each of the major activities contained in 

15 the management plan; and 

16 (B) provides adequate assurances that the 

17 local coordinating entity has the partnerships 

18 and financial and other resources necessary to 

19 implement the management plan for the Na20 tional Heritage Area. 

21 (b) DEADLINE.— 

22 (1) IN GENERAL.—Not later than 3 years after 

23 the date on which funds are first made available to 

24 develop the management plan after designation as a 

25 National Heritage Area, the local coordinating entity 


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1 shall submit the management plan to the Secretary 

2 for approval. 

3 (2) TERMINATION OF FUNDING.—If the man4 agement plan is not submitted to the Secretary in 

5 accordance with paragraph (1), the local coordi6 nating entity shall not qualify for any additional fi7 nancial assistance under this subtitle until such time 

8 as the management plan is submitted to and ap9 proved by the Secretary. 

10 (c) APPROVAL OF MANAGEMENT PLAN.— 

11 (1) REVIEW.—Not later than 180 days after re12 ceiving the plan, the Secretary shall review and ap13 prove or disapprove the management plan for a Na14 tional Heritage Area on the basis of the criteria es15 tablished under paragraph (3). 

16 (2) CONSULTATION.—The Secretary shall con17 sult with the Governor of each State in which the 

18 National Heritage Area is located before approving 

19 a management plan for the National Heritage Area. 

20 (3) CRITERIA FOR APPROVAL.—In determining 

21 whether to approve a management plan for a Na22 tional Heritage Area, the Secretary shall consider 

23 whether— 

24 (A) the local coordinating entity represents 

25 the diverse interests of the National Heritage 


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1 Area, including governments, natural and his2 toric resource protection organizations, edu3 cational institutions, businesses, recreational or4 ganizations, community residents, and private 

5 property owners; 

6 (B) the local coordinating entity— 

7 (i) has afforded adequate opportunity 

8 for public and governmental involvement 

9 (including through workshops and hear10 ings) in the preparation of the manage11 ment plan; and 

12 (ii) provides for at least semiannual 

13 public meetings to ensure adequate imple14 mentation of the management plan; 

15 (C) the resource protection, enhancement, 

16 interpretation, funding, management, and de17 velopment strategies described in the manage18 ment plan, if implemented, would adequately 

19 protect, enhance, interpret, fund, manage, and 

20 develop the natural, historic, cultural, edu21 cational, scenic, and recreational resources of 

22 the National Heritage Area; 

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1 eral land under public land laws or land use 

2 plans; 

3 (E) the local coordinating entity has dem4 onstrated the financial capability, in partner5 ship with others, to carry out the plan; 

6 (F) the Secretary has received adequate 

7 assurances from the appropriate State and local 

8 officials whose support is needed to ensure the 

9 effective implementation of the State and local 

10 elements of the management plan; and 

11 (G) the management plan demonstrates 

12 partnerships among the local coordinating enti13 ty, Federal, State, and local governments, re14 gional planning organizations, nonprofit organi15 zations, or private sector parties for implemen16 tation of the management plan. 

17 (4) DISAPPROVAL.— 

18 (A) IN GENERAL.—If the Secretary dis19 approves the management plan, the Secretary— 

20 (i) shall advise the local coordinating 

21 entity in writing of the reasons for the dis22 approval; and 

23 (ii) may make recommendations to the 

24 local coordinating entity for revisions to 

25 the management plan. 


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1 (B) DEADLINE.—Not later than 180 days 

2 after receiving a revised management plan, the 

3 Secretary shall approve or disapprove the re4 vised management plan. 

5 (5) AMENDMENTS.— 

6 (A) IN GENERAL.—An amendment to the 

7 management plan that substantially alters the 

8 purposes of the National Heritage Area shall be 

9 reviewed by the Secretary and approved or dis10 approved in the same manner as the original 

11 management plan. 

12 (B) IMPLEMENTATION.—The local coordi13 nating entity shall not use Federal funds au14 thorized by this subtitle to implement an 

15 amendment to the management plan until the 

16 Secretary approves the amendment. 

17 SEC. 807. EVALUATION; REPORT. 

18 (a) IN GENERAL.—Not later than 3 years before the 

19 date on which authority for Federal funding terminates 

20 for a National Heritage Area under section 812(b)(2), the 

21 Secretary shall— 

22 (1) conduct an evaluation of the accomplish23 ments of the National Heritage Area; and 

24 (2) prepare a report in accordance with sub25 section (c). 


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1 (b) EVALUATION.—An evaluation conducted under 

2 subsection (a)(1) shall— 

3 (1) assess the progress of the local coordinating 

4 entity with respect to— 

5 (A) accomplishing the purposes of the au6 thorizing legislation for the National Heritage 

7 Area; and 

8 (B) achieving the goals and objectives of 

9 the approved management plan for the National 

10 Heritage Area; 

11 (2) analyze the Federal, State, local, and pri12 vate investments in the National Heritage Area to 

13 determine the leverage and impact of the invest14 ments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the National Her17 itage Area for purposes of identifying the critical 

18 components for sustainability of the National Herit19 age Area. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Based on the evaluation con22 ducted under subsection (a)(1), the Secretary shall 

23 prepare a report that includes recommendations for 

24 the future role of the National Park Service, if any, 

25 with respect to the National Heritage Area. 


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1 (2) REQUIRED ANALYSIS.—If the report pre2 pared under paragraph (1) recommends that Fed3 eral funding for the National Heritage Area be reau4 thorized, the report shall include an analysis of— 

5 (A) ways in which Federal funding for the 

6 National Heritage Area may be reduced or 

7 eliminated; and 

8 (B) the appropriate time period necessary 

9 to achieve the recommended reduction or elimi10 nation. 

11 (3) SUBMISSION TO CONGRESS.—On completion 

12 of the report, the Secretary shall submit the report 

13 to— 

14 (A) the Committee on Energy and Natural 

15 Resources of the Senate; and 

16 (B) the Committee on Natural Resources 

17 of the House of Representatives. 

18 SEC. 808. LOCAL COORDINATING ENTITIES. 

19 (a) DUTIES.—To further the purposes of the Na20 tional Heritage Area, the local coordinating entity shall— 

21 (1) prepare a management plan for the Na22 tional Heritage Area, and submit the management 

23 plan to the Secretary, in accordance with section 

24 806; 


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1 (2) submit an annual report to the Secretary 

2 for each fiscal year for which the local coordinating 

3 entity receives Federal funds under this subtitle, 

4 specifying— 

5 (A) the specific performance goals and ac6 complishments of the local coordinating entity; 

7 (B) the expenses and income of the local 

8 coordinating entity; 

9 (C) the amounts and sources of matching 

10 funds; 

11 (D) the amounts leveraged with Federal 

12 funds and sources of the leveraging; and 

13 (E) grants made to any other entities dur14 ing the fiscal year; 

15 (3) make available for audit for each fiscal year 

16 for which the local coordinating entity receives Fed17 eral funds under this subtitle, all information per18 taining to the expenditure of the funds and any 

19 matching funds; and 

20 (4) encourage economic viability and sustain21 ability that is consistent with the purposes of the 

22 National Heritage Area. 

23 (b) AUTHORITIES.—For the purposes of preparing 

24 and implementing the approved management plan for the 


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1 National Heritage Area, the local coordinating entity may 

2 use Federal funds made available under this subtitle to— 

3 (1) make grants to political jurisdictions, non4 profit organizations, and other parties within the 

5 National Heritage Area; 

6 (2) enter into cooperative agreements with or 

7 provide technical assistance to political jurisdictions, 

8 nonprofit organizations, Federal agencies, and other 

9 interested parties; 

10 (3) hire and compensate staff, including individ11 uals with expertise in— 

12 (A) natural, historical, cultural, edu13 cational, scenic, and recreational resource con14 servation; 

15 (B) economic and community development; 

16 and 

17 (C) heritage planning; 

18 (4) obtain funds or services from any source, 

19 including other Federal laws or programs; 

20 (5) contract for goods or services; and 

21 (6) support activities of partners and any other 

22 activities that further the purposes of the National 

23 Heritage Area and are consistent with the approved 

24 management plan. 


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1 (c) PROHIBITION ON ACQUISITION OF REAL PROP2 ERTY.—The local coordinating entity may not use Federal 

3 funds authorized under this subtitle to acquire any inter4 est in real property. 

5 SEC. 809. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

6 (a) IN GENERAL.—Nothing in this subtitle affects 

7 the authority of a Federal agency to provide technical or 

8 financial assistance under any other law. 

9 (b) CONSULTATION AND COORDINATION.—The head 

10 of any Federal agency planning to conduct activities that 

11 may have an impact on a National Heritage Area is en12 couraged to consult and coordinate the activities with the 

13 Secretary and the local coordinating entity to the max14 imum extent practicable. 

15 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

16 subtitle— 

17 (1) modifies, alters, or amends any law or regu18 lation authorizing a Federal agency to manage Fed19 eral land under the jurisdiction of the Federal agen20 cy; 

21 (2) limits the discretion of a Federal land man22 ager to implement an approved land use plan within 

23 the boundaries of a National Heritage Area; or 


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1 (3) modifies, alters, or amends any authorized 

2 use of Federal land under the jurisdiction of a Fed3 eral agency. 

4 SEC. 810. PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS. 

6 Nothing in this subtitle— 

7 (1) abridges the rights of any property owner 

8 (whether public or private), including the right to re9 frain from participating in any plan, project, pro10 gram, or activity conducted within the National Her11 itage Area; 

12 (2) requires any property owner to permit pub13 lic access (including access by Federal, State, or 

14 local agencies) to the property of the property 

15 owner, or to modify public access or use of property 

16 of the property owner under any other Federal, 

17 State, or local law; 

18 (3) alters any duly adopted land use regulation, 

19 approved land use plan, or other regulatory author20 ity of any Federal, State or local agency, or conveys 

21 any land use or other regulatory authority to any 

22 local coordinating entity; 

23 (4) authorizes or implies the reservation or ap24 propriation of water or water rights; 


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1 (5) diminishes the authority of the State to 

2 manage fish and wildlife, including the regulation of 

3 fishing and hunting within the National Heritage 

4 Area; or 

5 (6) creates any liability, or affects any liability 

6 under any other law, of any private property owner 

7 with respect to any person injured on the private 

8 property. 

9 SEC. 811. PARTNERSHIP SUPPORT. 

10 (a) TECHNICAL ASSISTANCE.—On termination of the 

11 15-year period for which assistance is provided under sec12 tion 812, the Secretary may, on request of a local coordi13 nating entity, continue to provide technical assistance to 

14 a National Heritage Area under section 803. 

15 (b) GRANT ASSISTANCE.— 

16 (1) IN GENERAL.—The Secretary may establish 

17 a grant program under which the Secretary provides 

18 grants, on a competitive basis, to local coordinating 

19 entities for the conduct of individual projects at Na20 tional Heritage Areas for which financial assistance 

21 has terminated under section 812. 

22 (2) CONDITIONS.—The provision of a grant 

23 under paragraph (1) shall be subject to the condition 

24 that— 


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1 (A) a project must be approved by the 

2 local coordinating entity as promoting the pur3 poses of the management plan required under 

4 section 806; 

5 (B) a project may receive only 1 grant of 

6 no more than $250,000 in any 1 fiscal year; 

7 (C) a maximum of $250,000 may be re8 ceived by a local coordinating entity for projects 

9 funded under this subsection in any 1 fiscal 

10 year; and 

11 (D) a project shall not be eligible for fund12 ing under this section in any fiscal year that a 

13 local coordinating entity receives an appropria14 tion through the National Park Service (exclud15 ing technical assistance) for the National Herit16 age Area at which the project is being con17 ducted. 

18 (c) REPORT.—For each fiscal year in which assist19 ance is provided under this section, the Secretary shall 

20 submit to the Committee on Appropriations of the House 

21 of Representatives and the Committee on Appropriations 

22 of the Senate a list of the projects provided assistance for 

23 the fiscal year. 


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1 SEC. 812. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) STUDIES.—There is authorized to be appro3 priated to conduct and review studies under section 804 

4 $750,000 for each fiscal year, of which not more than 

5 $250,000 for any fiscal year may be used for any indi6 vidual study for a proposed National Heritage Area. 

7 (b) LOCAL COORDINATING ENTITIES.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated to carry out section 808 $25,000,000 

10 for each fiscal year, of which not more than— 

11 (A) $1,000,000 may be made available for 

12 any fiscal year for any individual National Her13 itage Area, to remain available until expended; 

14 and 

15 (B) a total of $10,000,000 may be made 

16 available for all such fiscal years for any indi17 vidual National Heritage Area. 

18 (2) TERMINATION DATE.— 

19 (A) IN GENERAL.—The authority of the 

20 Secretary to provide financial assistance to an 

21 individual local coordinating entity under this 

22 section (excluding technical assistance and ad23 ministrative oversight) shall terminate on the 

24 date that is 15 years after the date of the ini25 tial receipt of the assistance by the local coordi26 nating entity. 


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1 (B) DESIGNATION.—A National Heritage 

2 Area shall retain the designation as a National 

3 Heritage Area after the termination date pre4 scribed in subparagraph (A). 

5 (3) ADMINISTRATION.—Not more than 5 per6 cent of the amount of funds made available under 

7 paragraph (1) for a fiscal year may be used by the 

8 Secretary for technical assistance, oversight, and ad9 ministrative purposes. 

10 (c) HERITAGE PARTNERSHIP GRANT ASSISTANCE.— 

11 There is authorized to be appropriated to the Secretary 

12 to carry out section 811 $5,000,000 for each fiscal year. 

13 (d) MATCHING FUNDS.— 

14 (1) IN GENERAL.—As a condition of receiving a 

15 grant under this subtitle, the recipient of the grant 

16 shall provide matching funds in an amount that is 

17 equal to the amount of the grant. 

18 (2) ADMINISTRATION.—The recipient matching 

19 funds— 

20 (A) shall be derived from non-Federal 

21 sources; and 

22 (B) may be made in the form of in-kind 

23 contributions of goods or services fairly valued. 


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1 Subtitle B—Designation of 

2 National Heritage Areas 

3 SEC. 821. SANGRE DE CRISTO NATIONAL HERITAGE AREA, 

4 COLORADO. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HERITAGE AREA.—The term ‘‘Heritage 

7 Area’’ means the Sangre de Cristo National Herit8 age Area established by subsection (b)(1). 

9 (2) MANAGEMENT ENTITY.—The term ‘‘man10 agement entity’’ means the management entity for 

11 the Heritage Area designated by subsection (b)(4). 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the management plan for the 

14 Heritage Area required under subsection (d). 

15 (4) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Proposed Sangre De Cristo National Herit17 age Area’’ and dated November 2005. 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

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

21 of Colorado. 

22 (b) SANGRE DE CRISTO NATIONAL HERITAGE

23 AREA.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the State the Sangre de Cristo National Heritage 

3 Area. 

4 (2) BOUNDARIES.—The Heritage Area shall 

5 consist of— 

6 (A) the counties of Alamosa, Conejos, and 

7 Costilla; and 

8 (B) the Monte Vista National Wildlife Ref9 uge, the Baca National Wildlife Refuge, the 

10 Great Sand Dunes National Park and Preserve, 

11 and other areas included in the map. 

12 (3) MAP.—A map of the Heritage Area shall 

13 be— 

14 (A) included in the management plan; and 

15 (B) on file and available for public inspec16 tion in the appropriate offices of the National 

17 Park Service. 

18 (4) MANAGEMENT ENTITY.— 

19 (A) IN GENERAL.—The management entity 

20 for the Heritage Area shall be the Sangre de 

21 Cristo National Heritage Area Board of Direc22 tors. 

23 (B) MEMBERSHIP REQUIREMENTS.—Mem24 bers of the Board shall include representatives 

25 from a broad cross-section of the individuals, 


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1 agencies, organizations, and governments that 

2 were involved in the planning and development 

3 of the Heritage Area before the date of enact4 ment of this Act. 

5 (c) ADMINISTRATION.— 

6 (1) AUTHORITIES.—For purposes of carrying 

7 out the management plan, the Secretary, acting 

8 through the management entity, may use amounts 

9 made available under this section to— 

10 (A) make grants to the State or a political 

11 subdivision of the State, nonprofit organiza12 tions, and other persons; 

13 (B) enter into cooperative agreements 

14 with, or provide technical assistance to, the 

15 State or a political subdivision of the State, 

16 nonprofit organizations, and other interested 

17 parties; 

18 (C) hire and compensate staff, which shall 

19 include individuals with expertise in natural, 

20 cultural, and historical resources protection, 

21 and heritage programming; 

22 (D) obtain money or services from any 

23 source including any that are provided under 

24 any other Federal law or program; 

25 (E) contract for goods or services; and 


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1 (F) undertake to be a catalyst for any 

2 other activity that furthers the Heritage Area 

3 and is consistent with the approved manage4 ment plan. 

5 (2) DUTIES.—The management entity shall— 

6 (A) in accordance with subsection (d), pre7 pare and submit a management plan for the 

8 Heritage Area to the Secretary; 

9 (B) assist units of local government, re10 gional planning organizations, and nonprofit or11 ganizations in carrying out the approved man12 agement plan by— 

13 (i) carrying out programs and projects 

14 that recognize, protect, and enhance im15 portant resource values in the Heritage 

16 Area; 

17 (ii) establishing and maintaining in18 terpretive exhibits and programs in the 

19 Heritage Area; 

20 (iii) developing recreational and edu21 cational opportunities in the Heritage 

22 Area; 

23 (iv) increasing public awareness of, 

24 and appreciation for, natural, historical, 


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1 scenic, and cultural resources of the Herit2 age Area; 

3 (v) protecting and restoring historic 

4 sites and buildings in the Heritage Area 

5 that are consistent with Heritage Area 

6 themes; 

7 (vi) ensuring that clear, consistent, 

8 and appropriate signs identifying points of 

9 public access, and sites of interest are 

10 posted throughout the Heritage Area; and 

11 (vii) promoting a wide range of part12 nerships among governments, organiza13 tions, and individuals to further the Herit14 age Area; 

15 (C) consider the interests of diverse units 

16 of government, businesses, organizations, and 

17 individuals in the Heritage Area in the prepara18 tion and implementation of the management 

19 plan; 

20 (D) conduct meetings open to the public at 

21 least semiannually regarding the development 

22 and implementation of the management plan; 

23 (E) for any year that Federal funds have 

24 been received under this section— 


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1 (i) submit an annual report to the 

2 Secretary that describes the activities, ex3 penses, and income of the management en4 tity (including grants to any other entities 

5 during the year that the report is made); 

6 (ii) make available to the Secretary 

7 for audit all records relating to the expend8 iture of the funds and any matching funds; 

9 (iii) require, with respect to all agree10 ments authorizing expenditure of Federal 

11 funds by other organizations, that the or12 ganizations receiving the funds make avail13 able to the Secretary for audit all records 

14 concerning the expenditure of the funds; 

15 and 

16 (F) encourage by appropriate means eco17 nomic viability that is consistent with the Herit18 age Area. 

19 (3) PROHIBITION ON THE ACQUISITION OF

20 REAL PROPERTY.—The management entity shall not 

21 use Federal funds made available under this section 

22 to acquire real property or any interest in real prop23 erty. 

24 (4) COST-SHARING REQUIREMENT.—The Fed25 eral share of the cost of any activity carried out 


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1 using any assistance made available under this sec2 tion shall be 50 percent. 

3 (d) MANAGEMENT PLAN.— 

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this Act, the management 

6 entity shall submit to the Secretary for approval a 

7 proposed management plan for the Heritage Area. 

8 (2) REQUIREMENTS.—The management plan 

9 shall— 

10 (A) incorporate an integrated and coopera11 tive approach for the protection, enhancement, 

12 and interpretation of the natural, cultural, his13 toric, scenic, and recreational resources of the 

14 Heritage Area; 

15 (B) take into consideration State and local 

16 plans; 

17 (C) include— 

18 (i) an inventory of— 

19 (I) the resources located in the 

20 core area described in subsection 

21 (b)(2); and 

22 (II) any other property in the 

23 core area that— 

24 (aa) is related to the themes 

25 of the Heritage Area; and 


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1 (bb) should be preserved, re2 stored, managed, or maintained 

3 because of the significance of the 

4 property; 

5 (ii) comprehensive policies, strategies 

6 and recommendations for conservation, 

7 funding, management, and development of 

8 the Heritage Area; 

9 (iii) a description of actions that gov10 ernments, private organizations, and indi11 viduals have agreed to take to protect the 

12 natural, historical and cultural resources of 

13 the Heritage Area; 

14 (iv) a program of implementation for 

15 the management plan by the management 

16 entity that includes a description of— 

17 (I) actions to facilitate ongoing 

18 collaboration among partners to pro19 mote plans for resource protection, 

20 restoration, and construction; and 

21 (II) specific commitments for im22 plementation that have been made by 

23 the management entity or any govern24 ment, organization, or individual for 

25 the first 5 years of operation; 


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1 (v) the identification of sources of 

2 funding for carrying out the management 

3 plan; 

4 (vi) analysis and recommendations for 

5 means by which local, State, and Federal 

6 programs, including the role of the Na7 tional Park Service in the Heritage Area, 

8 may best be coordinated to carry out this 

9 section; and 

10 (vii) an interpretive plan for the Her11 itage Area; and 

12 (D) recommend policies and strategies for 

13 resource management that consider and detail 

14 the application of appropriate land and water 

15 management techniques, including the develop16 ment of intergovernmental and interagency co17 operative agreements to protect the natural, 

18 historical, cultural, educational, scenic, and rec19 reational resources of the Heritage Area. 

20 (3) DEADLINE.—If a proposed management 

21 plan is not submitted to the Secretary by the date 

22 that is 3 years after the date of enactment of this 

23 Act, the management entity shall be ineligible to re24 ceive additional funding under this section until the 


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1 date that the Secretary receives and approves the 

2 management plan. 

3 (4) APPROVAL OR DISAPPROVAL OF MANAGE4 MENT PLAN.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the date of receipt of the manage7 ment plan under paragraph (1), the Secretary, 

8 in consultation with the State, shall approve or 

9 disapprove the management plan. 

10 (B) CRITERIA FOR APPROVAL.—In deter11 mining whether to approve the management 

12 plan, the Secretary shall consider whether— 

13 (i) the management entity is rep14 resentative of the diverse interests of the 

15 Heritage Area, including governments, nat16 ural and historic resource protection orga17 nizations, educational institutions, busi18 nesses, and recreational organizations; 

19 (ii) the management entity has af20 forded adequate opportunity, including 

21 public hearings, for public and govern22 mental involvement in the preparation of 

23 the management plan; and 

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1 agement plan, if implemented, would ade2 quately protect the natural, historical, and 

3 cultural resources of the Heritage Area. 

4 (C) ACTION FOLLOWING DISAPPROVAL.—If 

5 the Secretary disapproves the management plan 

6 under subparagraph (A), the Secretary shall— 

7 (i) advise the management entity in 

8 writing of the reasons for the disapproval; 

9 (ii) make recommendations for revi10 sions to the management plan; and 

11 (iii) not later than 180 days after the 

12 receipt of any proposed revision of the 

13 management plan from the management 

14 entity, approve or disapprove the proposed 

15 revision. 

16 (D) AMENDMENTS.— 

17 (i) IN GENERAL.—The Secretary shall 

18 approve or disapprove each amendment to 

19 the management plan that the Secretary 

20 determines make a substantial change to 

21 the management plan. 

22 (ii) USE OF FUNDS.—The manage23 ment entity shall not use Federal funds 

24 authorized by this section to carry out any 

25 amendments to the management plan until 


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1 the Secretary has approved the amend2 ments. 

3 (e) RELATIONSHIP TO OTHER FEDERAL AGEN4 CIES.— 

5 (1) IN GENERAL.—Nothing in this section af6 fects the authority of a Federal agency to provide 

7 technical or financial assistance under any other law. 

8 (2) CONSULTATION AND COORDINATION.—The 

9 head of any Federal agency planning to conduct ac10 tivities that may have an impact on the Heritage 

11 Area is encouraged to consult and coordinate the ac12 tivities with the Secretary and the management enti13 ty to the maximum extent practicable. 

14 (3) OTHER FEDERAL AGENCIES.—Nothing in 

15 this section— 

16 (A) modifies, alters, or amends any law or 

17 regulation authorizing a Federal agency to 

18 manage Federal land under the jurisdiction of 

19 the Federal agency; 

20 (B) limits the discretion of a Federal land 

21 manager to implement an approved land use 

22 plan within the boundaries of the Heritage 

23 Area; or 


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1 (C) modifies, alters, or amends any author2 ized use of Federal land under the jurisdiction 

3 of a Federal agency. 

4 (f) PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS.—Nothing in this section— 

6 (1) abridges the rights of any property owner 

7 (whether public or private), including the right to re8 frain from participating in any plan, project, pro9 gram, or activity conducted within the Heritage 

10 Area; 

11 (2) requires any property owner to permit pub12 lic access (including access by Federal, State, or 

13 local agencies) to the property of the property 

14 owner, or to modify public access or use of property 

15 of the property owner under any other Federal, 

16 State, or local law; 

17 (3) alters any duly adopted land use regulation, 

18 approved land use plan, or other regulatory author19 ity of any Federal, State or local agency, or conveys 

20 any land use or other regulatory authority to the 

21 management entity; 

22 (4) authorizes or implies the reservation or ap23 propriation of water or water rights; 


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1 (5) diminishes the authority of the State to 

2 manage fish and wildlife, including the regulation of 

3 fishing and hunting within the Heritage Area; or 

4 (6) creates any liability, or affects any liability 

5 under any other law, of any private property owner 

6 with respect to any person injured on the private 

7 property. 

8 (g) EVALUATION; REPORT.— 

9 (1) IN GENERAL.—Not later than 3 years be10 fore the date on which authority for Federal funding 

11 terminates for the Heritage Area, the Secretary 

12 shall— 

13 (A) conduct an evaluation of the accom14 plishments of the Heritage Area; and 

15 (B) prepare a report in accordance with 

16 paragraph (3). 

17 (2) EVALUATION.—An evaluation conducted 

18 under paragraph (1)(A) shall— 

19 (A) assess the progress of the management 

20 entity with respect to— 

21 (i) accomplishing the purposes of this 

22 section for the Heritage Area; and 

23 (ii) achieving the goals and objectives 

24 of the approved management plan for the 

25 Heritage Area; 


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1 (B) analyze the Federal, State, local, and 

2 private investments in the Heritage Area to de3 termine the leverage and impact of the invest4 ments; and 

5 (C) review the management structure, 

6 partnership relationships, and funding of the 

7 Heritage Area for purposes of identifying the 

8 critical components for sustainability of the 

9 Heritage Area. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Based on the evalua12 tion conducted under paragraph (1)(A), the 

13 Secretary shall prepare a report that includes 

14 recommendations for the future role of the Na15 tional Park Service, if any, with respect to the 

16 Heritage Area. 

17 (B) REQUIRED ANALYSIS.—If the report 

18 prepared under subparagraph (A) recommends 

19 that Federal funding for the Heritage Area be 

20 reauthorized, the report shall include an anal21 ysis of— 

22 (i) ways in which Federal funding for 

23 the Heritage Area may be reduced or 

24 eliminated; and 


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1 (ii) the appropriate time period nec2 essary to achieve the recommended reduc3 tion or elimination. 

4 (C) SUBMISSION TO CONGRESS.—On com5 pletion of the report, the Secretary shall submit 

6 the report to— 

7 (i) the Committee on Energy and 

8 Natural Resources of the Senate; and 

9 (ii) the Committee on Natural Re10 sources of the House of Representatives. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $10,000,000, of which not more than $1,000,000 may be 

14 made available for any fiscal year. 

15 (i) TERMINATION OF AUTHORITY.—The authority of 

16 the Secretary to provide assistance under this section ter17 minates on the date that is 15 years after the date of en18 actment of this Act. 

19 SEC. 822. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

20 AREA, COLORADO. 

21 (a) DEFINITIONS.—In this section: 

22 (1) HERITAGE AREA.—The term ‘‘Heritage 

23 Area’’ means the Cache La Poudre River National 

24 Heritage Area established by subsection (b)(1). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Poudre Herit3 age Alliance, the local coordinating entity for the 

4 Heritage Area designated by subsection (b)(4). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area required under subsection (d)(1). 

8 (4) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Cache La Poudre River National Heritage 

10 Area’’, numbered 960/80,003, and dated April, 

11 2004. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

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

15 of Colorado. 

16 (b) CACHE LA POUDRE RIVER NATIONAL HERITAGE

17 AREA.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the State the Cache La Poudre River National Her20 itage Area. 

21 (2) BOUNDARIES.—The Heritage Area shall 

22 consist of the area depicted on the map. 

23 (3) MAP.—The map shall be on file and avail24 able for public inspection in the appropriate offices 

25 of— 


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1 (A) the National Park Service; and 

2 (B) the local coordinating entity. 

3 (4) LOCAL COORDINATING ENTITY.—The local 

4 coordinating entity for the Heritage Area shall be 

5 the Poudre Heritage Alliance, a nonprofit organiza6 tion incorporated in the State. 

7 (c) ADMINISTRATION.— 

8 (1) AUTHORITIES.—To carry out the manage9 ment plan, the Secretary, acting through the local 

10 coordinating entity, may use amounts made available 

11 under this section— 

12 (A) to make grants to the State (including 

13 any political subdivision of the State), nonprofit 

14 organizations, and other individuals; 

15 (B) to enter into cooperative agreements 

16 with, or provide technical assistance to, the 

17 State (including any political subdivision of the 

18 State), nonprofit organizations, and other inter19 ested parties; 

20 (C) to hire and compensate staff, which 

21 shall include individuals with expertise in nat22 ural, cultural, and historical resource protec23 tion, and heritage programming; 


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1 (D) to obtain funds or services from any 

2 source, including funds or services that are pro3 vided under any other Federal law or program; 

4 (E) to enter into contracts for goods or 

5 services; and 

6 (F) to serve as a catalyst for any other ac7 tivity that— 

8 (i) furthers the purposes and goals of 

9 the Heritage Area; and 

10 (ii) is consistent with the approved 

11 management plan. 

12 (2) DUTIES.—The local coordinating entity 

13 shall— 

14 (A) in accordance with subsection (d), pre15 pare and submit to the Secretary a manage16 ment plan for the Heritage Area; 

17 (B) assist units of local government, re18 gional planning organizations, and nonprofit or19 ganizations in carrying out the approved man20 agement plan by— 

21 (i) carrying out programs and projects 

22 that recognize, protect, and enhance im23 portant resource values located in the Her24 itage Area; 


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1 (ii) establishing and maintaining in2 terpretive exhibits and programs in the 

3 Heritage Area; 

4 (iii) developing recreational and edu5 cational opportunities in the Heritage 

6 Area; 

7 (iv) increasing public awareness of, 

8 and appreciation for, the natural, histor9 ical, scenic, and cultural resources of the 

10 Heritage Area; 

11 (v) protecting and restoring historic 

12 sites and buildings in the Heritage Area 

13 that are consistent with Heritage Area 

14 themes; 

15 (vi) ensuring that clear, consistent, 

16 and appropriate signs identifying points of 

17 public access, and sites of interest, are 

18 posted throughout the Heritage Area; and 

19 (vii) promoting a wide range of part20 nerships among governments, organiza21 tions, and individuals to further the Herit22 age Area; 

23 (C) consider the interests of diverse units 

24 of government, businesses, organizations, and 

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1 tion and implementation of the management 

2 plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) for any year for which Federal funds 

7 have been received under this section— 

8 (i) submit an annual report to the 

9 Secretary that describes the activities, ex10 penses, and income of the local coordi11 nating entity (including grants to any 

12 other entities during the year that the re13 port is made); 

14 (ii) make available to the Secretary 

15 for audit all records relating to the expend16 iture of the funds and any matching funds; 

17 and 

18 (iii) require, with respect to all agree19 ments authorizing expenditure of Federal 

20 funds by other organizations, that the or21 ganizations receiving the funds make avail22 able to the Secretary for audit all records 

23 concerning the expenditure of the funds; 

24 and 


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1 (F) encourage by appropriate means eco2 nomic viability that is consistent with the Herit3 age Area. 

4 (3) PROHIBITION ON THE ACQUISITION OF

5 REAL PROPERTY.—The local coordinating entity 

6 shall not use Federal funds made available under 

7 this section to acquire real property or any interest 

8 in real property. 

9 (d) MANAGEMENT PLAN.— 

10 (1) IN GENERAL.—Not later than 3 years after 

11 the date of enactment of this Act, the local coordi12 nating entity shall submit to the Secretary for ap13 proval a proposed management plan for the Heritage 

14 Area. 

15 (2) REQUIREMENTS.—The management plan 

16 shall— 

17 (A) incorporate an integrated and coopera18 tive approach for the protection, enhancement, 

19 and interpretation of the natural, cultural, his20 toric, scenic, educational, and recreational re21 sources of the Heritage Area; 

22 (B) take into consideration State and local 

23 plans; 

24 (C) include— 


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1 (i) an inventory of the resources lo2 cated in the Heritage Area; 

3 (ii) comprehensive policies, strategies, 

4 and recommendations for conservation, 

5 funding, management, and development of 

6 the Heritage Area; 

7 (iii) a description of actions that gov8 ernments, private organizations, and indi9 viduals have agreed to take to protect the 

10 natural, cultural, historic, scenic, edu11 cational, and recreational resources of the 

12 Heritage Area; 

13 (iv) a program of implementation for 

14 the management plan by the local coordi15 nating entity that includes a description 

16 of— 

17 (I) actions to facilitate ongoing 

18 collaboration among partners to pro19 mote plans for resource protection, 

20 restoration, and construction; and 

21 (II) specific commitments for im22 plementation that have been made by 

23 the local coordinating entity or any 

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1 vidual for the first 5 years of oper2 ation; 

3 (v) the identification of sources of 

4 funding for carrying out the management 

5 plan; 

6 (vi) analysis and recommendations for 

7 means by which local, State, and Federal 

8 programs, including the role of the Na9 tional Park Service in the Heritage Area, 

10 may best be coordinated to carry out this 

11 section; and 

12 (vii) an interpretive plan for the Her13 itage Area; and 

14 (D) recommend policies and strategies for 

15 resource management that consider and detail 

16 the application of appropriate land and water 

17 management techniques, including the develop18 ment of intergovernmental and interagency co19 operative agreements to protect the natural, 

20 cultural, historic, scenic, educational, and rec21 reational resources of the Heritage Area. 

22 (3) DEADLINE.—If a proposed management 

23 plan is not submitted to the Secretary by the date 

24 that is 3 years after the date of enactment of this 

25 Act, the local coordinating entity shall be ineligible 


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1 to receive additional funding under this section until 

2 the date on which the Secretary approves a manage3 ment plan. 

4 (4) APPROVAL OR DISAPPROVAL OF MANAGE5 MENT PLAN.— 

6 (A) IN GENERAL.—Not later than 180 

7 days after the date of receipt of the manage8 ment plan under paragraph (1), the Secretary, 

9 in consultation with the State, shall approve or 

10 disapprove the management plan. 

11 (B) CRITERIA FOR APPROVAL.—In deter12 mining whether to approve the management 

13 plan, the Secretary shall consider whether— 

14 (i) the local coordinating entity is rep15 resentative of the diverse interests of the 

16 Heritage Area, including governments, nat17 ural and historic resource protection orga18 nizations, educational institutions, busi19 nesses, and recreational organizations; 

20 (ii) the local coordinating entity has 

21 afforded adequate opportunity, including 

22 public hearings, for public and govern23 mental involvement in the preparation of 

24 the management plan; and 


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1 (iii) the resource protection and inter2 pretation strategies contained in the man3 agement plan, if implemented, would ade4 quately protect the natural, cultural, his5 toric, scenic, educational, and recreational 

6 resources of the Heritage Area. 

7 (C) ACTION FOLLOWING DISAPPROVAL.—If 

8 the Secretary disapproves the management plan 

9 under subparagraph (A), the Secretary shall— 

10 (i) advise the local coordinating entity 

11 in writing of the reasons for the dis12 approval; 

13 (ii) make recommendations for revi14 sions to the management plan; and 

15 (iii) not later than 180 days after the 

16 date of receipt of any proposed revision of 

17 the management plan from the local co18 ordinating entity, approve or disapprove 

19 the proposed revision. 

20 (5) AMENDMENTS.— 

21 (A) IN GENERAL.—The Secretary shall ap22 prove or disapprove each amendment to the 

23 management plan that the Secretary determines 

24 would make a substantial change to the man25 agement plan. 


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1 (B) USE OF FUNDS.—The local coordi2 nating entity shall not use Federal funds au3 thorized to be appropriated by this section to 

4 carry out any amendments to the management 

5 plan until the Secretary has approved the 

6 amendments. 

7 (e) RELATIONSHIP TO OTHER FEDERAL AGEN8 CIES.— 

9 (1) IN GENERAL.—Nothing in this section af10 fects the authority of a Federal agency to provide 

11 technical or financial assistance under any other law 

12 (including regulations). 

13 (2) CONSULTATION AND COORDINATION.—To 

14 the maximum extent practicable, the head of any 

15 Federal agency planning to conduct activities that 

16 may have an impact on the Heritage Area is encour17 aged to consult and coordinate the activities with the 

18 Secretary and the local coordinating entity. 

19 (3) OTHER FEDERAL AGENCIES.—Nothing in 

20 this section— 

21 (A) modifies, alters, or amends any law 

22 (including any regulation) authorizing a Fed23 eral agency to manage Federal land under the 

24 jurisdiction of the Federal agency; 


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1 (B) limits the discretion of a Federal land 

2 manager to implement an approved land use 

3 plan within the boundaries of the Heritage 

4 Area; or 

5 (C) modifies, alters, or amends any author6 ized use of Federal land under the jurisdiction 

7 of a Federal agency. 

8 (f) PRIVATE PROPERTY AND REGULATORY PROTEC9 TIONS.—Nothing in this section— 

10 (1) abridges the rights of any public or private 

11 property owner, including the right to refrain from 

12 participating in any plan, project, program, or activ13 ity conducted within the Heritage Area; 

14 (2) requires any property owner— 

15 (A) to permit public access (including ac16 cess by Federal, State, or local agencies) to the 

17 property of the property owner; or 

18 (B) to modify public access or use of prop19 erty of the property owner under any other 

20 Federal, State, or local law; 

21 (3) alters any duly adopted land use regulation, 

22 approved land use plan, or other regulatory author23 ity of any Federal, State, or local agency; 

24 (4) conveys any land use or other regulatory 

25 authority to the local coordinating entity; 


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1 (5) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (6) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the Heritage Area; or 

6 (7) creates any liability, or affects any liability 

7 under any other law (including regulations), of any 

8 private property owner with respect to any individual 

9 injured on the private property. 

10 (g) EVALUATION; REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years be12 fore the date on which authority for Federal funding 

13 terminates for the Heritage Area, the Secretary 

14 shall— 

15 (A) conduct an evaluation of the accom16 plishments of the Heritage Area; and 

17 (B) prepare a report in accordance with 

18 paragraph (3). 

19 (2) EVALUATION.—An evaluation conducted 

20 under paragraph (1)(A) shall— 

21 (A) assess the progress of the local coordi22 nating entity with respect to— 

23 (i) accomplishing the purposes of this 

24 section for the Heritage Area; and 


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1 (ii) achieving the goals and objectives 

2 of the approved management plan for the 

3 Heritage Area; 

4 (B) analyze the Federal, State, local, and 

5 private investments in the Heritage Area to de6 termine the leverage and impact of the invest7 ments; and 

8 (C) review the management structure, 

9 partnership relationships, and funding of the 

10 Heritage Area to identify the critical compo11 nents for sustainability of the Heritage Area. 

12 (3) REPORT.— 

13 (A) IN GENERAL.—Based on the evalua14 tion conducted under paragraph (1)(A), the 

15 Secretary shall prepare a report that includes 

16 recommendations for the future role of the Na17 tional Park Service, if any, with respect to the 

18 Heritage Area. 

19 (B) REQUIRED ANALYSIS.—If the report 

20 prepared under subparagraph (A) recommends 

21 that Federal funding for the Heritage Area be 

22 reauthorized, the report shall include an anal23 ysis of— 


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1 (i) ways in which Federal funding for 

2 the Heritage Area may be reduced or 

3 eliminated; and 

4 (ii) the appropriate time period nec5 essary to achieve the recommended reduc6 tion or elimination. 

7 (C) SUBMISSION TO CONGRESS.—On com8 pletion of the report, the Secretary shall submit 

9 the report to— 

10 (i) the Committee on Energy and 

11 Natural Resources of the Senate; and 

12 (ii) the Committee on Natural Re13 sources of the House of Representatives. 

14 (h) FUNDING.— 

15 (1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this section $10,000,000, of which not more than 

18 $1,000,000 may be made available for any fiscal 

19 year. 

20 (2) COST-SHARING REQUIREMENT.—The Fed21 eral share of the cost of any activity carried out 

22 using any assistance made available under this sec23 tion shall be 50 percent. 

24 (i) TERMINATION OF AUTHORITY.—The authority of 

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1 minates on the date that is 15 years after the date of en2 actment of this Act. 

3 (j) CONFORMING AMENDMENT.—The Cache La 

4 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

5 Law 104–323) is repealed. 

6 SEC. 823. SOUTH PARK NATIONAL HERITAGE AREA, COLO7 RADO. 

8 (a) DEFINITIONS.—In this section: 

9 (1) BOARD.—The term ‘‘Board’’ means the 

10 Board of Directors of the South Park National Her11 itage Area, comprised initially of the individuals, 

12 agencies, organizations, and governments that were 

13 involved in the planning and development of the 

14 Heritage Area before the date of enactment of this 

15 Act. 

16 (2) HERITAGE AREA.—The term ‘‘Heritage 

17 Area’’ means the South Park National Heritage 

18 Area established by subsection (b)(1). 

19 (3) MANAGEMENT ENTITY.—The term ‘‘man20 agement entity’’ means the management entity for 

21 the Heritage Area designated by subsection 

22 (b)(4)(A). 

23 (4) MANAGEMENT PLAN.—The term ‘‘manage24 ment plan’’ means the management plan for the 

25 Heritage Area required by subsection (d). 


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1 (5) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘South Park National Heritage Area Map 

3 (Proposed)’’, dated January 30, 2006. 

4 (6) PARTNER.—The term ‘‘partner’’ means a 

5 Federal, State, or local governmental entity, organi6 zation, private industry, educational institution, or 

7 individual involved in the conservation, preservation, 

8 interpretation, development or promotion of heritage 

9 sites or resources of the Heritage Area. 

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

11 the Secretary of the Interior. 

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

13 of Colorado. 

14 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech15 nical assistance’’ means any guidance, advice, help, 

16 or aid, other than financial assistance, provided by 

17 the Secretary. 

18 (b) SOUTH PARK NATIONAL HERITAGE AREA.— 

19 (1) ESTABLISHMENT.—There is established in 

20 the State the South Park National Heritage Area. 

21 (2) BOUNDARIES.—The Heritage Area shall 

22 consist of the areas included in the map. 

23 (3) MAP.—A map of the Heritage Area shall 

24 be— 

25 (A) included in the management plan; and 


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1 (B) on file and available for public inspec2 tion in the appropriate offices of the National 

3 Park Service. 

4 (4) MANAGEMENT ENTITY.— 

5 (A) IN GENERAL.—The management entity 

6 for the Heritage Area shall be the Park County 

7 Tourism & Community Development Office, in 

8 conjunction with the South Park National Her9 itage Area Board of Directors. 

10 (B) MEMBERSHIP REQUIREMENTS.—Mem11 bers of the Board shall include representatives 

12 from a broad cross-section of individuals, agen13 cies, organizations, and governments that were 

14 involved in the planning and development of the 

15 Heritage Area before the date of enactment of 

16 this Act. 

17 (c) ADMINISTRATION.— 

18 (1) PROHIBITION ON THE ACQUISITION OF

19 REAL PROPERTY.—The management entity shall not 

20 use Federal funds made available under this section 

21 to acquire real property or any interest in real prop22 erty. 

23 (2) AUTHORITIES.—For purposes of carrying 

24 out the management plan, the Secretary, acting 


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1 through the management entity, may use amounts 

2 made available under this section to— 

3 (A) make grants to the State or a political 

4 subdivision of the State, nonprofit organiza5 tions, and other persons; 

6 (B) enter into cooperative agreements 

7 with, or provide technical assistance to, the 

8 State or a political subdivision of the State, 

9 nonprofit organizations, and other interested 

10 parties; 

11 (C) hire and compensate staff, which shall 

12 include individuals with expertise in natural, 

13 cultural, and historical resources protection, 

14 fundraising, heritage facility planning and de15 velopment, and heritage tourism programming; 

16 (D) obtain funds or services from any 

17 source, including funds or services that are pro18 vided under any other Federal law or program; 

19 (E) enter into contracts for goods or serv20 ices; and 

21 (F) to facilitate the conduct of other 

22 projects and activities that further the Heritage 

23 Area and are consistent with the approved man24 agement plan. 

25 (3) DUTIES.—The management entity shall— 


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1 (A) in accordance with subsection (d), pre2 pare and submit a management plan for the 

3 Heritage Area to the Secretary; 

4 (B) assist units of local government, local 

5 property owners and businesses, and nonprofit 

6 organizations in carrying out the approved 

7 management plan by— 

8 (i) carrying out programs and projects 

9 that recognize, protect, enhance, and pro10 mote important resource values in the Her11 itage Area; 

12 (ii) establishing and maintaining in13 terpretive exhibits and programs in the 

14 Heritage Area; 

15 (iii) developing economic, recreational 

16 and educational opportunities in the Herit17 age Area; 

18 (iv) increasing public awareness of, 

19 and appreciation for, historical, cultural, 

20 scenic, recreational, agricultural, and nat21 ural resources of the Heritage Area; 

22 (v) protecting and restoring historic 

23 sites and buildings in the Heritage Area 

24 that are consistent with Heritage Area 

25 themes; 


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1 (vi) ensuring that clear, consistent, 

2 and appropriate signs identifying points of 

3 public access, and sites of interest are 

4 posted throughout the Heritage Area; 

5 (vii) promoting a wide range of part6 nerships among governments, organiza7 tions, and individuals to further the Herit8 age Area; and 

9 (viii) planning and developing new 

10 heritage attractions, products and services; 

11 (C) consider the interests of diverse units 

12 of government, businesses, organizations, and 

13 individuals in the Heritage Area in the prepara14 tion and implementation of the management 

15 plan; 

16 (D) conduct meetings open to the public at 

17 least semiannually regarding the development 

18 and implementation of the management plan; 

19 (E) for any year for which Federal funds 

20 have been received under this section— 

21 (i) submit to the Secretary an annual 

22 report that describes the activities, ex23 penses, and income of the management en24 tity (including grants to any other entities 

25 during the year that the report is made); 


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1 (ii) make available to the Secretary 

2 for audit all records relating to the expend3 iture of the Federal funds and any match4 ing funds; and 

5 (iii) require, with respect to all agree6 ments authorizing expenditure of Federal 

7 funds by other organizations, that the or8 ganizations receiving the funds make avail9 able to the Secretary for audit all records 

10 concerning the expenditure of the funds; 

11 and 

12 (F) encourage by appropriate means eco13 nomic viability that is consistent with the Herit14 age Area. 

15 (4) COST-SHARING REQUIREMENT.—The Fed16 eral share of the cost of any activity carried out 

17 using any assistance made available under this sec18 tion shall be 50 percent. 

19 (d) MANAGEMENT PLAN.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the management 

22 entity, with public participation, shall submit to the 

23 Secretary for approval a proposed management plan 

24 for the Heritage Area. 


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1 (2) REQUIREMENTS.—The management plan 

2 shall— 

3 (A) incorporate an integrated and coopera4 tive approach for the protection, enhancement, 

5 interpretation, development, and promotion of 

6 the historical, cultural, scenic, recreational, ag7 ricultural, and natural resources of the Herit8 age Area; 

9 (B) take into consideration State and local 

10 plans; 

11 (C) include— 

12 (i) an inventory of— 

13 (I) the resources located within 

14 the areas included in the map; and 

15 (II) any other eligible and par16 ticipating property within the areas 

17 included in the map that— 

18 (aa) is related to the themes 

19 of the Heritage Area; and 

20 (bb) should be preserved, re21 stored, managed, maintained, de22 veloped, or promoted because of 

23 the significance of the property; 

24 (ii) comprehensive policies, strategies, 

25 and recommendations for conservation, 


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1 funding, management, development, and 

2 promotion of the Heritage Area; 

3 (iii) a description of actions that gov4 ernments, private organizations, and indi5 viduals have agreed to take to manage pro6 tect the historical, cultural, scenic, rec7 reational, agricultural, and natural re8 sources of the Heritage Area; 

9 (iv) a program of implementation for 

10 the management plan by the management 

11 entity that includes a description of— 

12 (I) actions to facilitate ongoing 

13 and effective collaboration among 

14 partners to promote plans for resource 

15 protection, enhancement, interpreta16 tion, restoration, and construction; 

17 and 

18 (II) specific commitments for im19 plementation that have been made by 

20 the management entity or any govern21 ment, organization, or individual for 

22 the first 5 years of operation; 

23 (v) the identification of sources of 

24 funding for carrying out the management 

25 plan; 


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1 (vi) an analysis of and recommenda2 tions for means by which Federal, State, 

3 and local programs, including the role of 

4 the National Park Service in the Heritage 

5 Area, may best be coordinated to carry out 

6 this section; and 

7 (vii) an interpretive plan for the Her8 itage Area; and 

9 (D) recommend policies and strategies for 

10 resource management that consider and detail 

11 the application of appropriate land and water 

12 management techniques, including the develop13 ment of intergovernmental and interagency co14 operative agreements to protect the historical, 

15 cultural, scenic, recreational, agricultural, and 

16 natural resources of the Heritage Area. 

17 (3) DEADLINE.—If a proposed management 

18 plan is not submitted to the Secretary by the date 

19 that is 3 years after the date of enactment of this 

20 Act, the management entity shall be ineligible to re21 ceive additional funding under this section until the 

22 date on which the Secretary receives and approves 

23 the management plan. 

24 (4) APPROVAL OR DISAPPROVAL OF MANAGE25 MENT PLAN.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of receipt of the manage3 ment plan under paragraph (1), the Secretary, 

4 in consultation with the State, shall approve or 

5 disapprove the management plan. 

6 (B) CRITERIA FOR APPROVAL.—In deter7 mining whether to approve the management 

8 plan, the Secretary shall consider whether— 

9 (i) the management entity is rep10 resentative of the diverse interests of the 

11 Heritage Area, including governments, nat12 ural and historical resource protection or13 ganizations, educational institutions, local 

14 businesses and industries, community or15 ganizations, recreational organizations, and 

16 tourism organizations; 

17 (ii) the management entity has af18 forded adequate opportunity, including 

19 public hearings, for public and govern20 mental involvement in the preparation of 

21 the management plan; and 

22 (iii) strategies contained in the man23 agement plan, if implemented, would ade24 quately balance the voluntary protection, 

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1 ural, historical, cultural, scenic, rec2 reational, and agricultural resources of the 

3 Heritage Area. 

4 (C) ACTION FOLLOWING DISAPPROVAL.—If 

5 the Secretary disapproves the management plan 

6 under subparagraph (A), the Secretary shall— 

7 (i) advise the management entity in 

8 writing of the reasons for the disapproval; 

9 (ii) make recommendations for revi10 sions to the management plan; and 

11 (iii) not later than 180 days after the 

12 receipt of any proposed revision of the 

13 management plan from the management 

14 entity, approve or disapprove the proposed 

15 revision. 

16 (D) AMENDMENTS.— 

17 (i) IN GENERAL.—The Secretary shall 

18 approve or disapprove each amendment to 

19 the management plan that the Secretary 

20 determines makes a substantial change to 

21 the management plan. 

22 (ii) USE OF FUNDS.—The manage23 ment entity shall not use Federal funds 

24 authorized by this section to carry out any 

25 amendments to the management plan until 


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1 the Secretary has approved the amend2 ments. 

3 (e) RELATIONSHIP TO OTHER FEDERAL AGEN4 CIES.— 

5 (1) IN GENERAL.—Nothing in this section af6 fects the authority of a Federal agency to provide 

7 technical or financial assistance under any other law. 

8 (2) CONSULTATION AND COORDINATION.—The 

9 head of any Federal agency planning to conduct ac10 tivities that may have an impact on the Heritage 

11 Area is encouraged to consult and coordinate the ac12 tivities with the Secretary and the management enti13 ty to the maximum extent practicable. 

14 (3) OTHER FEDERAL AGENCIES.—Nothing in 

15 this section— 

16 (A) modifies, alters, or amends any law or 

17 regulation authorizing a Federal agency to 

18 manage Federal land under the jurisdiction of 

19 the Federal agency; 

20 (B) limits the discretion of a Federal land 

21 manager to implement an approved land use 

22 plan within the boundaries of the Heritage 

23 Area; or 


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1 (C) modifies, alters, or amends any author2 ized use of Federal land under the jurisdiction 

3 of a Federal agency. 

4 (f) PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS.—Nothing in this section— 

6 (1) abridges the rights of any property owner 

7 (whether public or private), including the right to re8 frain from participating in any plan, project, pro9 gram, or activity conducted within the Heritage 

10 Area; 

11 (2) requires any property owner to permit pub12 lic access (including access by Federal, State, or 

13 local agencies) to the property of the property 

14 owner, or to modify public access or use of property 

15 of the property owner under any other Federal, 

16 State, or local law; 

17 (3) alters any duly adopted land use regulation, 

18 approved land use plan, or other regulatory author19 ity of any Federal, State or local agency, or conveys 

20 any land use or other regulatory authority to the 

21 management entity; 

22 (4) authorizes or implies the reservation or ap23 propriation of water or water rights; 


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1 (5) diminishes the authority of the State to 

2 manage fish and wildlife, including the regulation of 

3 fishing and hunting within the Heritage Area; or 

4 (6) creates any liability, or affects any liability 

5 under any other law, of any private property owner 

6 with respect to any person injured on the private 

7 property. 

8 (g) EVALUATION; REPORT.— 

9 (1) IN GENERAL.—Not later than 3 years be10 fore the date on which authority for Federal funding 

11 terminates for the Heritage Area, the Secretary 

12 shall— 

13 (A) conduct an evaluation of the accom14 plishments of the Heritage Area; and 

15 (B) prepare a report in accordance with 

16 paragraph (3). 

17 (2) EVALUATION.—An evaluation conducted 

18 under paragraph (1)(A) shall— 

19 (A) assess the progress of the management 

20 entity with respect to— 

21 (i) accomplishing the purposes of this 

22 section for the Heritage Area; and 

23 (ii) achieving the goals and objectives 

24 of the approved management plan for the 

25 Heritage Area; 


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1 (B) analyze the Federal, State, local, and 

2 private investments in the Heritage Area to de3 termine the leverage and impact of the invest4 ments; and 

5 (C) review the management structure, 

6 partnership relationships, and funding of the 

7 Heritage Area for purposes of identifying the 

8 critical components for sustainability of the 

9 Heritage Area. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Based on the evalua12 tion conducted under paragraph (1)(A), the 

13 Secretary shall prepare a report that includes 

14 recommendations for the future role of the Na15 tional Park Service, if any, with respect to the 

16 Heritage Area. 

17 (B) REQUIRED ANALYSIS.—If the report 

18 prepared under subparagraph (A) recommends 

19 that Federal funding for the Heritage Area be 

20 reauthorized, the report shall include an anal21 ysis of— 

22 (i) ways in which Federal funding for 

23 the Heritage Area may be reduced or 

24 eliminated; and 


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1 (ii) the appropriate time period nec2 essary to achieve the recommended reduc3 tion or elimination. 

4 (C) SUBMISSION TO CONGRESS.—On com5 pletion of the report, the Secretary shall submit 

6 the report to— 

7 (i) the Committee on Energy and 

8 Natural Resources of the Senate; and 

9 (ii) the Committee on Natural Re10 sources of the House of Representatives. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $10,000,000, of which not more than $1,000,000 may be 

14 made available for any fiscal year. 

15 (i) TERMINATION OF AUTHORITY.—The authority of 

16 the Secretary to provide assistance under this section ter17 minates on the date that is 15 years after the date of en18 actment of this Act. 

19 SEC. 824. NORTHERN PLAINS NATIONAL HERITAGE AREA, 

20 NORTH DAKOTA. 

21 (a) DEFINITIONS.—In this section: 

22 (1) HERITAGE AREA.—The term ‘‘Heritage 

23 Area’’ means the Northern Plains National Heritage 

24 Area established by subsection (b)(1). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Northern 

3 Plains Heritage Foundation, the local coordinating 

4 entity for the Heritage Area designated by sub5 section (c)(1). 

6 (3) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the management plan for the 

8 Heritage Area required under subsection (d). 

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

10 the Secretary of the Interior. 

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

12 of North Dakota. 

13 (b) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established the 

15 Northern Plains National Heritage Area in the State 

16 of North Dakota. 

17 (2) BOUNDARIES.—The Heritage Area shall 

18 consist of— 

19 (A) a core area of resources in Burleigh, 

20 McLean, Mercer, Morton, and Oliver Counties 

21 in the State; and 

22 (B) any sites, buildings, and districts with23 in the core area recommended by the manage24 ment plan for inclusion in the Heritage Area. 


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1 (3) MAP.—A map of the Heritage Area shall 

2 be— 

3 (A) included in the management plan; and 

4 (B) on file and available for public inspec5 tion in the appropriate offices of the local co6 ordinating entity and the National Park Serv7 ice. 

8 (c) LOCAL COORDINATING ENTITY.— 

9 (1) IN GENERAL.—The local coordinating entity 

10 for the Heritage Area shall be the Northern Plains 

11 Heritage Foundation, a nonprofit corporation estab12 lished under the laws of the State. 

13 (2) DUTIES.—To further the purposes of the 

14 Heritage Area, the Northern Plains Heritage Foun15 dation, as the local coordinating entity, shall— 

16 (A) prepare a management plan for the 

17 Heritage Area, and submit the management 

18 plan to the Secretary, in accordance with this 

19 section; 

20 (B) submit an annual report to the Sec21 retary for each fiscal year for which the local 

22 coordinating entity receives Federal funds 

23 under this section, specifying— 


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1 (i) the specific performance goals and 

2 accomplishments of the local coordinating 

3 entity; 

4 (ii) the expenses and income of the 

5 local coordinating entity; 

6 (iii) the amounts and sources of 

7 matching funds; 

8 (iv) the amounts leveraged with Fed9 eral funds and sources of the leveraged 

10 funds; and 

11 (v) grants made to any other entities 

12 during the fiscal year; 

13 (C) make available for audit for each fiscal 

14 year for which the local coordinating entity re15 ceives Federal funds under this section, all in16 formation pertaining to the expenditure of the 

17 funds and any matching funds; and 

18 (D) encourage economic viability and sus19 tainability that is consistent with the purposes 

20 of the Heritage Area. 

21 (3) AUTHORITIES.—For the purposes of pre22 paring and implementing the approved management 

23 plan for the Heritage Area, the local coordinating 

24 entity may use Federal funds made available under 

25 this section to— 


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1 (A) make grants to political jurisdictions, 

2 nonprofit organizations, and other parties with3 in the Heritage Area; 

4 (B) enter into cooperative agreements with 

5 or provide technical assistance to political juris6 dictions, nonprofit organizations, Federal agen7 cies, and other interested parties; 

8 (C) hire and compensate staff, including 

9 individuals with expertise in— 

10 (i) natural, historical, cultural, edu11 cational, scenic, and recreational resource 

12 conservation; 

13 (ii) economic and community develop14 ment; and 

15 (iii) heritage planning; 

16 (D) obtain funds or services from any 

17 source, including other Federal programs; 

18 (E) contract for goods or services; and 

19 (F) support activities of partners and any 

20 other activities that further the purposes of the 

21 Heritage Area and are consistent with the ap22 proved management plan. 

23 (4) PROHIBITION ON ACQUISITION OF REAL

24 PROPERTY.—The local coordinating entity may not 

25 use Federal funds authorized to be appropriated 


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1 under this section to acquire any interest in real 

2 property. 

3 (5) OTHER SOURCES.—Nothing in this section 

4 precludes the local coordinating entity from using 

5 Federal funds from other sources for authorized 

6 purposes. 

7 (d) MANAGEMENT PLAN.— 

8 (1) IN GENERAL.—Not later than 3 years after 

9 the date of enactment of this Act, the local coordi10 nating entity shall submit to the Secretary for ap11 proval a proposed management plan for the Heritage 

12 Area. 

13 (2) REQUIREMENTS.—The management plan 

14 for the Heritage Area shall— 

15 (A) describe comprehensive policies, goals, 

16 strategies, and recommendations for telling the 

17 story of the heritage of the area covered by the 

18 Heritage Area and encouraging long-term re19 source protection, enhancement, interpretation, 

20 funding, management, and development of the 

21 Heritage Area; 

22 (B) include a description of actions and 

23 commitments that Federal, State, tribal, and 

24 local governments, private organizations, and 

25 citizens will take to protect, enhance, interpret, 


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1 fund, manage, and develop the natural, histor2 ical, cultural, educational, scenic, and rec3 reational resources of the Heritage Area; 

4 (C) specify existing and potential sources 

5 of funding or economic development strategies 

6 to protect, enhance, interpret, fund, manage, 

7 and develop the Heritage Area; 

8 (D) include an inventory of the natural, 

9 historical, cultural, educational, scenic, and rec10 reational resources of the Heritage Area relat11 ing to the national importance and themes of 

12 the Heritage Area that should be protected, en13 hanced, interpreted, managed, funded, and de14 veloped; 

15 (E) recommend policies and strategies for 

16 resource management, including the develop17 ment of intergovernmental and interagency 

18 agreements to protect, enhance, interpret, fund, 

19 manage, and develop the natural, historical, cul20 tural, educational, scenic, and recreational re21 sources of the Heritage Area; 

22 (F) describe a program for implementation 

23 for the management plan, including— 

24 (i) performance goals; 


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1 (ii) plans for resource protection, en2 hancement, interpretation, funding, man3 agement, and development; and 

4 (iii) specific commitments for imple5 mentation that have been made by the 

6 local coordinating entity or any Federal, 

7 State, tribal, or local government agency, 

8 organization, business, or individual; 

9 (G) include an analysis of, and rec10 ommendations for, means by which Federal, 

11 State, tribal, and local programs may best be 

12 coordinated (including the role of the National 

13 Park Service and other Federal agencies associ14 ated with the Heritage Area) to further the 

15 purposes of this section; and 

16 (H) include a business plan that— 

17 (i) describes the role, operation, fi18 nancing, and functions of the local coordi19 nating entity and of each of the major ac20 tivities described in the management plan; 

21 and 

22 (ii) provides adequate assurances that 

23 the local coordinating entity has the part24 nerships and financial and other resources 


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1 necessary to implement the management 

2 plan for the Heritage Area. 

3 (3) DEADLINE.— 

4 (A) IN GENERAL.—Not later than 3 years 

5 after the date on which funds are first made 

6 available to develop the management plan after 

7 designation of the Heritage Area, the local co8 ordinating entity shall submit the management 

9 plan to the Secretary for approval. 

10 (B) TERMINATION OF FUNDING.—If the 

11 management plan is not submitted to the Sec12 retary in accordance with subparagraph (A), 

13 the local coordinating entity shall not qualify 

14 for any additional financial assistance under 

15 this section until such time as the management 

16 plan is submitted to and approved by the Sec17 retary. 

18 (4) APPROVAL OF MANAGEMENT PLAN.— 

19 (A) REVIEW.—Not later than 180 days 

20 after receiving the plan, the Secretary shall re21 view and approve or disapprove the manage22 ment plan for the Heritage Area on the basis 

23 of the criteria established under subparagraph 

24 (B). 


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1 (B) CRITERIA FOR APPROVAL.—In deter2 mining whether to approve a management plan 

3 for the Heritage Area, the Secretary shall con4 sider whether— 

5 (i) the local coordinating entity rep6 resents the diverse interests of the Herit7 age Area, including Federal, State, tribal, 

8 and local governments, natural, and his9 toric resource protection organizations, 

10 educational institutions, businesses, rec11 reational organizations, community resi12 dents, and private property owners; 

13 (ii) the local coordinating entity— 

14 (I) has afforded adequate oppor15 tunity for public and Federal, State, 

16 tribal, and local governmental involve17 ment (including through workshops 

18 and hearings) in the preparation of 

19 the management plan; and 

20 (II) provides for at least semi21 annual public meetings to ensure ade22 quate implementation of the manage23 ment plan; 

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1 ment, and development strategies described 

2 in the management plan, if implemented, 

3 would adequately protect, enhance, inter4 pret, fund, manage, and develop the nat5 ural, historic, cultural, educational, scenic, 

6 and recreational resources of the Heritage 

7 Area; 

8 (iv) the management plan would not 

9 adversely affect any activities authorized 

10 on Federal land under public land laws or 

11 land use plans; 

12 (v) the local coordinating entity has 

13 demonstrated the financial capability, in 

14 partnership with others, to carry out the 

15 plan; 

16 (vi) the Secretary has received ade17 quate assurances from the appropriate 

18 State, tribal, and local officials whose sup19 port is needed to ensure the effective im20 plementation of the State, tribal, and local 

21 elements of the management plan; and 

22 (vii) the management plan dem23 onstrates partnerships among the local co24 ordinating entity, Federal, State, tribal, 

25 and local governments, regional planning 


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1 organizations, nonprofit organizations, or 

2 private sector parties for implementation of 

3 the management plan. 

4 (C) DISAPPROVAL.— 

5 (i) IN GENERAL.—If the Secretary 

6 disapproves the management plan, the Sec7 retary— 

8 (I) shall advise the local coordi9 nating entity in writing of the reasons 

10 for the disapproval; and 

11 (II) may make recommendations 

12 to the local coordinating entity for re13 visions to the management plan. 

14 (ii) DEADLINE.—Not later than 180 

15 days after receiving a revised management 

16 plan, the Secretary shall approve or dis17 approve the revised management plan. 

18 (D) AMENDMENTS.— 

19 (i) IN GENERAL.—An amendment to 

20 the management plan that substantially al21 ters the purposes of the Heritage Area 

22 shall be reviewed by the Secretary and ap23 proved or disapproved in the same manner 

24 as the original management plan. 


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1 (ii) IMPLEMENTATION.—The local co2 ordinating entity shall not use Federal 

3 funds authorized to be appropriated by this 

4 section to implement an amendment to the 

5 management plan until the Secretary ap6 proves the amendment. 

7 (E) AUTHORITIES.—The Secretary may— 

8 (i) provide technical assistance under 

9 this section for the development and imple10 mentation of the management plan; and 

11 (ii) enter into cooperative agreements 

12 with interested parties to carry out this 

13 section. 

14 (e) RELATIONSHIP TO OTHER FEDERAL AGEN15 CIES.— 

16 (1) IN GENERAL.—Nothing in this section af17 fects the authority of a Federal agency to provide 

18 technical or financial assistance under any other law. 

19 (2) TECHNICAL AND FINANCIAL ASSISTANCE.— 

20 (A) IN GENERAL.—On the request of the 

21 local coordinating entity, the Secretary may 

22 provide financial assistance and, on a reimburs23 able or nonreimbursable basis, technical assist24 ance to the local coordinating entity to develop 

25 and implement the management plan. 


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1 (B) COOPERATIVE AGREEMENTS.—The 

2 Secretary may enter into cooperative agree3 ments with the local coordinating entity and 

4 other public or private entities to provide tech5 nical or financial assistance under subpara6 graph (A). 

7 (C) PRIORITY.—In assisting the Heritage 

8 Area, the Secretary shall give priority to actions 

9 that assist in— 

10 (i) conserving the significant natural, 

11 historic, cultural, and scenic resources of 

12 the Heritage Area; and 

13 (ii) providing educational, interpretive, 

14 and recreational opportunities consistent 

15 with the purposes of the Heritage Area. 

16 (3) CONSULTATION AND COORDINATION.—To 

17 the maximum extent practicable, the head of any 

18 Federal agency planning to conduct activities that 

19 may have an impact on the Heritage Area is encour20 aged to consult and coordinate the activities with the 

21 Secretary and the local coordinating entity. 

22 (4) OTHER FEDERAL AGENCIES.—Nothing in 

23 this section— 

24 (A) modifies or alters any laws (including 

25 regulations) authorizing a Federal agency to 


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1 manage Federal land under the jurisdiction of 

2 the Federal agency; 

3 (B) limits the discretion of a Federal land 

4 manager to implement an approved land use 

5 plan within the boundaries of the Heritage 

6 Area; or 

7 (C) modifies, alters, or amends any author8 ized use of Federal land under the jurisdiction 

9 of a Federal agency. 

10 (f) PRIVATE PROPERTY AND REGULATORY PROTEC11 TIONS.—Nothing in this section— 

12 (1) abridges the rights of any owner of public 

13 or private property, including the right to refrain 

14 from participating in any plan, project, program, or 

15 activity conducted within the Heritage Area; 

16 (2) requires any property owner to— 

17 (A) permit public access (including access 

18 by Federal, State, or local agencies) to the 

19 property of the property owner; or 

20 (B) modify public access to, or use of, the 

21 property of the property owner under any other 

22 Federal, State, or local law; 

23 (3) alters any duly adopted land use regulation, 

24 approved land use plan, or other regulatory author25 ity of any Federal, State, tribal, or local agency; 


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1 (4) conveys any land use or other regulatory 

2 authority to the local coordinating entity; 

3 (5) authorizes or implies the reservation or ap4 propriation of water or water rights; 

5 (6) diminishes the authority of the State to 

6 manage fish and wildlife, including the regulation of 

7 fishing and hunting within the Heritage Area; or 

8 (7) creates any liability, or affects any liability 

9 under any other law, of any private property owner 

10 with respect to any person injured on the private 

11 property. 

12 (g) EVALUATION; REPORT.— 

13 (1) IN GENERAL.—Not later than 3 years be14 fore the date on which authority for Federal funding 

15 terminates for the Heritage Area under subsection 

16 (i), the Secretary shall— 

17 (A) conduct an evaluation of the accom18 plishments of the Heritage Area; and 

19 (B) prepare a report in accordance with 

20 paragraph (3). 

21 (2) EVALUATION.—An evaluation conducted 

22 under paragraph (1)(A) shall— 

23 (A) assess the progress of the local coordi24 nating entity with respect to— 


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1 (i) accomplishing the purposes of this 

2 section for the Heritage Area; and 

3 (ii) achieving the goals and objectives 

4 of the approved management plan for the 

5 Heritage Area; 

6 (B) analyze the Federal, State, local, and 

7 private investments in the Heritage Area to de8 termine the leverage and impact of the invest9 ments; and 

10 (C) review the management structure, 

11 partnership relationships, and funding of the 

12 Heritage Area for purposes of identifying the 

13 critical components for sustainability of the 

14 Heritage Area. 

15 (3) REPORT.— 

16 (A) IN GENERAL.—Based on the evalua17 tion conducted under paragraph (1)(A), the 

18 Secretary shall prepare a report that includes 

19 recommendations for the future role of the Na20 tional Park Service, if any, with respect to the 

21 Heritage Area. 

22 (B) REQUIRED ANALYSIS.—If the report 

23 prepared under subparagraph (A) recommends 

24 that Federal funding for the Heritage Area be 


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1 reauthorized, the report shall include an anal2 ysis of— 

3 (i) ways in which Federal funding for 

4 the Heritage Area may be reduced or 

5 eliminated; and 

6 (ii) the appropriate time period nec7 essary to achieve the recommended reduc8 tion or elimination. 

9 (C) SUBMISSION TO CONGRESS.—On com10 pletion of the report, the Secretary shall submit 

11 the report to— 

12 (i) the Committee on Energy and 

13 Natural Resources of the Senate; and 

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

16 (h) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated to carry out this section $10,000,000, 

19 of which not more than $1,000,000 may be made 

20 available for any fiscal year. 

21 (2) COST-SHARING REQUIREMENT.— 

22 (A) IN GENERAL.—The Federal share of 

23 the total cost of any activity under this section 

24 shall be not more than 50 percent. 


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1 (B) FORM.—The non-Federal contribution 

2 may be in the form of in-kind contributions of 

3 goods or services fairly valued. 

4 (i) TERMINATION OF AUTHORITY.—The authority of 

5 the Secretary to provide assistance under this section ter6 minates on the date that is 15 years after the date of en7 actment of this Act. 

8 SEC. 825. BALTIMORE NATIONAL HERITAGE AREA, MARY9 LAND. 

10 (a) DEFINITIONS.—In this section: 

11 (1) HERITAGE AREA.—The term ‘‘Heritage 

12 Area’’ means the Baltimore National Heritage Area, 

13 established by subsection (b)(1). 

14 (2) LOCAL COORDINATING ENTITY.—The term 

15 ‘‘local coordinating entity’’ means the local coordi16 nating entity for the Heritage Area designated by 

17 subsection (b)(4). 

18 (3) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the management plan for the 

20 Heritage Area required under subsection (c)(1)(A). 

21 (4) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Baltimore National Heritage Area’’, num23 bered T10/80,000, and dated October 2007. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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

2 of Maryland. 

3 (b) BALTIMORE NATIONAL HERITAGE AREA.— 

4 (1) ESTABLISHMENT.—There is established the 

5 Baltimore National Heritage Area in the State. 

6 (2) BOUNDARIES.—The Heritage Area shall be 

7 comprised of the following areas, as described on the 

8 map: 

9 (A) The area encompassing the Baltimore 

10 City Heritage Area certified by the Maryland 

11 Heritage Areas Authority in October 2001 as 

12 part of the Baltimore City Heritage Area Man13 agement Action Plan. 

14 (B) The Mount Auburn Cemetery. 

15 (C) The Cylburn Arboretum. 

16 (D) The Middle Branch of the Patapsco 

17 River and surrounding shoreline, including— 

18 (i) the Cruise Maryland Terminal; 

19 (ii) new marina construction; 

20 (iii) the National Aquarium Aquatic 

21 Life Center; 

22 (iv) the Westport Redevelopment; 

23 (v) the Gwynns Falls Trail; 

24 (vi) the Baltimore Rowing Club; and 


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1 (vii) the Masonville Cove Environ2 mental Center. 

3 (3) AVAILABILITY OF MAP.—The map shall be 

4 on file and available for public inspection in the ap5 propriate offices of the National Park Service and 

6 the Baltimore Heritage Area Association. 

7 (4) LOCAL COORDINATING ENTITY.—The Balti8 more Heritage Area Association shall be the local co9 ordinating entity for the Heritage Area. 

10 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI11 NATING ENTITY.— 

12 (1) DUTIES OF THE LOCAL COORDINATING EN13 TITY.—To further the purposes of the Heritage 

14 Area, the local coordinating entity shall— 

15 (A) prepare, and submit to the Secretary, 

16 in accordance with subsection (d), a manage17 ment plan for the Heritage Area; 

18 (B) assist units of local government, re19 gional planning organizations, and nonprofit or20 ganizations in implementing the approved man21 agement plan by— 

22 (i) carrying out programs and projects 

23 that recognize, protect, and enhance im24 portant resource values within the Herit25 age Area; 


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1 (ii) establishing and maintaining in2 terpretive exhibits and programs within the 

3 Heritage Area; 

4 (iii) developing recreational and edu5 cational opportunities in the Heritage 

6 Area; 

7 (iv) increasing public awareness of, 

8 and appreciation for, natural, historic, sce9 nic, and cultural resources of the Heritage 

10 Area; 

11 (v) protecting and restoring historic 

12 sites and buildings in the Heritage Area 

13 that are consistent with the themes of the 

14 Heritage Area; 

15 (vi) ensuring that signs identifying 

16 points of public access and sites of interest 

17 are posted throughout the Heritage Area; 

18 and 

19 (vii) promoting a wide range of part20 nerships among governments, organiza21 tions, and individuals to further the pur22 poses of the Heritage Area; 

23 (C) consider the interests of diverse units 

24 of government, businesses, organizations, and 

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1 tion and implementation of the management 

2 plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) submit an annual report to the Sec7 retary for each fiscal year for which the local 

8 coordinating entity receives Federal funds 

9 under this section specifying— 

10 (i) the accomplishments of the local 

11 coordinating entity; 

12 (ii) the expenses and income of the 

13 local coordinating entity; 

14 (iii) the amounts and sources of 

15 matching funds; 

16 (iv) the amounts leveraged with Fed17 eral funds and sources of the leveraged 

18 funds; and 

19 (v) grants made to any other entities 

20 during the fiscal year; 

21 (F) make available for audit for each fiscal 

22 year for which the local coordinating entity re23 ceives Federal funds under this section, all in24 formation pertaining to the expenditure of the 

25 funds and any matching funds; 


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1 (G) require in all agreements authorizing 

2 expenditures of Federal funds by other organi3 zations, that the receiving organizations make 

4 available for audit all records and other infor5 mation pertaining to the expenditure of the 

6 funds; and 

7 (H) encourage, by appropriate means, eco8 nomic development that is consistent with the 

9 purposes of the Heritage Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants to the State, political sub16 divisions of the State, nonprofit organizations, 

17 and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, Federal agencies, and 

22 other interested parties; 

23 (C) hire and compensate staff; 


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1 (D) obtain funds or services from any 

2 source, including funds and services provided 

3 under any other Federal law or program; 

4 (E) contract for goods or services; and 

5 (F) support activities of partners and any 

6 other activities that further the purposes of the 

7 Heritage Area and are consistent with the ap8 proved management plan. 

9 (3) PROHIBITION ON ACQUISITION OF REAL

10 PROPERTY.—The local coordinating entity may not 

11 use Federal funds received under this section to ac12 quire any interest in real property. 

13 (d) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date on which funds are made available to de16 velop the management plan, the local coordinating 

17 entity shall submit to the Secretary for approval a 

18 proposed management plan for the Heritage Area. 

19 (2) REQUIREMENTS.—The management plan 

20 for the Heritage Area shall— 

21 (A) describe comprehensive policies, goals, 

22 strategies, and recommendations for telling the 

23 story of the heritage of the region and encour24 aging long-term resource protection, enhanceVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ment, interpretation, funding, management, and 

2 development of the Heritage Area; 

3 (B) take into consideration existing State, 

4 county, and local plans in the development and 

5 implementation of the management plan; 

6 (C) include a description of actions and 

7 commitments that governments, private organi8 zations, and citizens plan to take to protect, en9 hance, and interpret the natural, historic, sce10 nic, and cultural resources of the Heritage 

11 Area; 

12 (D) specify existing and potential sources 

13 of funding or economic development strategies 

14 to protect, enhance, interpret, fund, manage, 

15 and develop the Heritage Area; 

16 (E) include an inventory of the natural, 

17 historic, cultural, educational, scenic, and rec18 reational resources of the Heritage Area relat19 ing to the stories and themes of the region that 

20 should be protected, enhanced, managed, or de21 veloped; 

22 (F) recommend policies and strategies for 

23 resource management including, the develop24 ment of intergovernmental and interagency 

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1 tural, educational, scenic, and recreational re2 sources of the Heritage Area; 

3 (G) describe a program for implementation 

4 of the management plan, including— 

5 (i) performance goals; 

6 (ii) plans for resource protection, en7 hancement, and interpretation; and 

8 (iii) specific commitments for imple9 mentation that have been made by the 

10 local coordinating entity or any govern11 ment, organization, business, or individual; 

12 (H) include an analysis of, and rec13 ommendations for, ways in which Federal, 

14 State, tribal, and local programs may best be 

15 coordinated (including the role of the National 

16 Park Service and other Federal agencies associ17 ated with the Heritage Area) to further the 

18 purposes of this section; 

19 (I) include an interpretive plan for the 

20 Heritage Area; and 

21 (J) include a business plan that— 

22 (i) describes the role, operation, fi23 nancing, and functions of the local coordi24 nating entity and of each of the major acVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 tivities described in the management plan; 

2 and 

3 (ii) provides adequate assurances that 

4 the local coordinating entity has the part5 nerships and financial and other resources 

6 necessary to implement the management 

7 plan for the Heritage Area. 

8 (3) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in 

10 accordance with this section, the local coordinating 

11 entity shall not qualify for additional financial as12 sistance under this section until the management 

13 plan is submitted to, and approved by, the Sec14 retary. 

15 (4) APPROVAL OF MANAGEMENT PLAN.— 

16 (A) REVIEW.—Not later than 180 days 

17 after the date on which the Secretary receives 

18 the management plan, the Secretary shall ap19 prove or disapprove the management plan. 

20 (B) CONSULTATION REQUIRED.—The Sec21 retary shall consult with the Governor of the 

22 State and any tribal government in which the 

23 Heritage Area is located before approving the 

24 management plan. 


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1 (C) CRITERIA FOR APPROVAL.—In deter2 mining whether to approve the management 

3 plan, the Secretary shall consider whether— 

4 (i) the local coordinating entity rep5 resents the diverse interests of the Herit6 age Area, including governments, natural 

7 and historic resource protection organiza8 tions, educational institutions, businesses, 

9 community residents, and recreational or10 ganizations; 

11 (ii) the local coordinating entity has 

12 afforded adequate opportunity for public 

13 and governmental involvement (including 

14 through workshops and public meetings) in 

15 the preparation of the management plan; 

16 (iii) the resource protection and inter17 pretation strategies described in the man18 agement plan, if implemented, would ade19 quately protect the natural, historic, and 

20 cultural resources of the Heritage Area; 

21 (iv) the management plan would not 

22 adversely affect any activities authorized 

23 on Federal or tribal land under applicable 

24 laws or land use plans; 


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1 (v) the Secretary has received ade2 quate assurances from the appropriate 

3 State, tribal, and local officials whose sup4 port is needed to ensure the effective im5 plementation of the State, tribal, and local 

6 aspects of the management plan; and 

7 (vi) the local coordinating entity has 

8 demonstrated the financial capability, in 

9 partnership with others, to carry out the 

10 management plan. 

11 (D) ACTION FOLLOWING DISAPPROVAL.— 

12 (i) IN GENERAL.—If the Secretary 

13 disapproves the management plan, the Sec14 retary— 

15 (I) shall advise the local coordi16 nating entity in writing of the reasons 

17 for the disapproval; and 

18 (II) may make recommendations 

19 to the local coordinating entity for re20 visions to the management plan. 

21 (ii) DEADLINE.—Not later than 180 

22 days after receiving a revised management 

23 plan, the Secretary shall approve or dis24 approve the revised management plan. 

25 (E) AMENDMENTS.— 


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1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area 

4 shall be reviewed by the Secretary and ap5 proved or disapproved in the same manner 

6 as the original management plan. 

7 (ii) IMPLEMENTATION.—The local co8 ordinating entity shall not use Federal 

9 funds authorized to be appropriated by this 

10 section to implement an amendment to the 

11 management plan until the Secretary ap12 proves the amendment. 

13 (e) DUTIES AND AUTHORITIES OF THE SEC14 RETARY.— 

15 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (A) IN GENERAL.—On the request of the 

17 local coordinating entity, the Secretary may 

18 provide technical and financial assistance, on a 

19 reimbursable or nonreimbursable basis (as de20 termined by the Secretary), to the local coordi21 nating entity to develop and implement the 

22 management plan. 

23 (B) COOPERATIVE AGREEMENTS.—The 

24 Secretary may enter into cooperative agree25 ments with the local coordinating entity and 


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1 other public or private entities to provide tech2 nical or financial assistance under subpara3 graph (A). 

4 (C) PRIORITY.—In assisting the Heritage 

5 Area, the Secretary shall give priority to actions 

6 that assist in— 

7 (i) conserving the significant natural, 

8 historic, cultural, and scenic resources of 

9 the Heritage Area; and 

10 (ii) providing educational, interpretive, 

11 and recreational opportunities consistent 

12 with the purposes of the Heritage Area. 

13 (2) EVALUATION; REPORT.— 

14 (A) IN GENERAL.—Not later than 3 years 

15 before the date on which authority for Federal 

16 funding terminates for the Heritage Area under 

17 subsection (i), the Secretary shall— 

18 (i) conduct an evaluation of the ac19 complishments of the Heritage Area; and 

20 (ii) prepare a report with rec21 ommendations for the future role of the 

22 National Park Service, if any, with respect 

23 to the Heritage Area, in accordance with 

24 subparagraph (C). 


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1 (B) EVALUATION.—An evaluation con2 ducted under subparagraph (A)(i) shall— 

3 (i) assess the progress of the local co4 ordinating entity with respect to— 

5 (I) accomplishing the purposes of 

6 this section for the Heritage Area; 

7 and 

8 (II) achieving the goals and ob9 jectives of the approved management 

10 plan for the Heritage Area; 

11 (ii) analyze the Federal, State, local, 

12 and private investments in the Heritage 

13 Area to determine the leverage and impact 

14 of the investments; and 

15 (iii) review the management structure, 

16 partnership relationships, and funding of 

17 the Heritage Area for purposes of identi18 fying the critical components for sustain19 ability of the Heritage Area. 

20 (C) REPORT.— 

21 (i) IN GENERAL.—Based on the eval22 uation conducted under subparagraph 

23 (A)(i), the Secretary shall prepare a report 

24 that includes recommendations for the fuVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 ture role of the National Park Service, if 

2 any, with respect to the Heritage Area. 

3 (ii) REQUIRED ANALYSIS.—If the re4 port prepared under this subparagraph 

5 recommends that Federal funding for the 

6 Heritage Area be reauthorized, the report 

7 shall include an analysis of— 

8 (I) ways in which Federal fund9 ing for the Heritage Area may be re10 duced or eliminated; and 

11 (II) the appropriate time period 

12 necessary to achieve the recommended 

13 reduction or elimination. 

14 (iii) SUBMISSION TO CONGRESS.—On 

15 completion of a report under this subpara16 graph, the Secretary shall submit the re17 port to— 

18 (I) the Committee on Energy and 

19 Natural Resources of the Senate; and 

20 (II) the Committee on Natural 

21 Resources of the House of Represent22 atives. 

23 (f) RELATIONSHIP TO OTHER FEDERAL AGEN24 CIES.— 


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1 (1) IN GENERAL.—Nothing in this section af2 fects the authority of a Federal agency to provide 

3 technical or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—To 

5 the maximum extent practicable, the head of any 

6 Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encour8 aged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity. 

10 (3) OTHER FEDERAL AGENCIES.—Nothing in 

11 this section— 

12 (A) modifies, alters, or amends any laws 

13 (including regulations) authorizing a Federal 

14 agency to manage Federal land under the juris15 diction of the Federal agency; 

16 (B) limits the discretion of a Federal land 

17 manager to implement an approved land use 

18 plan within the boundaries of the Heritage 

19 Area; or 

20 (C) modifies, alters, or amends any author21 ized use of Federal land under the jurisdiction 

22 of a Federal agency. 

23 (g) PROPERTY OWNERS AND REGULATORY PROTEC24 TIONS.—Nothing in this section— 


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1 (1) abridges the rights of any owner of public 

2 or private property, including the right to refrain 

3 from participating in any plan, project, program, or 

4 activity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Fed7 eral, tribal, State, or local government access) 

8 to the property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regula13 tions, approved land use plan, or any other regu14 latory authority of any Federal, State, or local agen15 cy, or tribal government; 

16 (4) conveys any land use or other regulatory 

17 authority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the State to 

21 manage fish and wildlife, including the regulation of 

22 fishing and hunting within the Heritage Area; or 

23 (7) creates any liability, or affects any liability 

24 under any other law, of any private property owner 


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1 with respect to any person injured on the private 

2 property. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section $10,000,000, 

6 of which not more than $1,000,000 may be made 

7 available for any fiscal year. 

8 (2) COST-SHARING REQUIREMENT.— 

9 (A) IN GENERAL.—The Federal share of 

10 the total cost of any activity under this section 

11 shall be not more than 50 percent. 

12 (B) FORM.—The non-Federal contribu13 tion— 

14 (i) shall be from non-Federal sources; 

15 and 

16 (ii) may be in the form of in-kind con17 tributions of goods or services fairly val18 ued. 

19 (i) TERMINATION OF EFFECTIVENESS.—The author20 ity of the Secretary to provide assistance under this sec21 tion terminates on the date that is 15 years after the date 

22 of enactment of this Act. 

23 SEC. 826. FREEDOM’S WAY NATIONAL HERITAGE AREA, 

24 MASSACHUSETTS AND NEW HAMPSHIRE. 

25 (a) PURPOSES.—The purposes of this section are— 


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1 (1) to foster a close working relationship be2 tween the Secretary and all levels of government, the 

3 private sector, and local communities in the States 

4 of Massachusetts and New Hampshire; 

5 (2) to assist the entities described in paragraph 

6 (1) to preserve the special historic identity of the 

7 Heritage Area; and 

8 (3) to manage, preserve, protect, and interpret 

9 the cultural, historic, and natural resources of the 

10 Heritage Area for the educational and inspirational 

11 benefit of future generations. 

12 (b) DEFINITIONS.—In this section: 

13 (1) HERITAGE AREA.—The term ‘‘Heritage 

14 Area’’ means the Freedom’s Way National Heritage 

15 Area established by subsection (c)(1). 

16 (2) LOCAL COORDINATING ENTITY.—The term 

17 ‘‘local coordinating entity’’ means the local coordi18 nating entity for the Heritage Area designated by 

19 subsection (c)(4). 

20 (3) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the 

22 Heritage Area required under subsection (d)(1)(A). 

23 (4) MAP.—The term ‘‘map’’ means the map en24 titled ‘‘Freedom’s Way National Heritage Area’’, 

25 numbered T04/80,000, and dated July 2007. 


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

2 the Secretary of the Interior. 

3 (c) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established the 

5 Freedom’s Way National Heritage Area in the 

6 States of Massachusetts and New Hampshire. 

7 (2) BOUNDARIES.— 

8 (A) IN GENERAL.—The boundaries of the 

9 Heritage Area shall be as generally depicted on 

10 the map. 

11 (B) REVISION.—The boundaries of the 

12 Heritage Area may be revised if the revision 

13 is— 

14 (i) proposed in the management plan; 

15 (ii) approved by the Secretary in ac16 cordance with subsection (e)(4); and 

17 (iii) placed on file in accordance with 

18 paragraph (3). 

19 (3) AVAILABILITY OF MAP.—The map shall be 

20 on file and available for public inspection in the ap21 propriate offices of the National Park Service and 

22 the local coordinating entity. 

23 (4) LOCAL COORDINATING ENTITY.—The Free24 dom’s Way Heritage Association, Inc., shall be the 

25 local coordinating entity for the Heritage Area. 


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1 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI2 NATING ENTITY.— 

3 (1) DUTIES OF THE LOCAL COORDINATING EN4 TITY.—To further the purposes of the Heritage 

5 Area, the local coordinating entity shall— 

6 (A) prepare, and submit to the Secretary, 

7 in accordance with subsection (e), a manage8 ment plan for the Heritage Area; 

9 (B) assist units of local government, re10 gional planning organizations, and nonprofit or11 ganizations in implementing the approved man12 agement plan by— 

13 (i) carrying out programs and projects 

14 that recognize and protect important re15 source values within the Heritage Area; 

16 (ii) establishing and maintaining in17 terpretive exhibits and programs within the 

18 Heritage Area; 

19 (iii) developing recreational and edu20 cational opportunities in the Heritage 

21 Area; 

22 (iv) increasing public awareness of, 

23 and appreciation for, natural, historic, and 

24 cultural resources of the Heritage Area; 


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1 (v) protecting and restoring historic 

2 buildings in the Heritage Area that are 

3 consistent with the themes of the Heritage 

4 Area; and 

5 (vi) ensuring that signs identifying 

6 points of public access and sites of interest 

7 are posted throughout the Heritage Area; 

8 (C) consider the interests of diverse units 

9 of government, businesses, organizations, and 

10 individuals in the Heritage Area in the prepara11 tion and implementation of the management 

12 plan; 

13 (D) conduct meetings open to the public at 

14 least quarterly regarding the development and 

15 implementation of the management plan; 

16 (E) submit an annual report to the Sec17 retary for each fiscal year for which the local 

18 coordinating entity receives Federal funds 

19 under this section specifying— 

20 (i) the accomplishments of the local 

21 coordinating entity; 

22 (ii) the expenses and income of the 

23 local coordinating entity; 

24 (iii) the amounts and sources of 

25 matching funds; 


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1 (iv) the amounts leveraged with Fed2 eral funds and sources of the leveraged 

3 funds; and 

4 (v) grants made to any other entities 

5 during the fiscal year; 

6 (F) make available for audit for each fiscal 

7 year for which the local coordinating entity re8 ceives Federal funds under this section, all in9 formation pertaining to the expenditure of the 

10 funds and any matching funds; 

11 (G) require in all agreements authorizing 

12 expenditures of Federal funds by other organi13 zations, that the receiving organizations make 

14 available for audit all records and other infor15 mation pertaining to the expenditure of the 

16 funds; and 

17 (H) encourage, by appropriate means, eco18 nomic development that is consistent with the 

19 purposes of the Heritage Area. 

20 (2) AUTHORITIES.—The local coordinating enti21 ty may, subject to the prior approval of the Sec22 retary, for the purposes of preparing and imple23 menting the management plan, use Federal funds 

24 made available under this section to— 


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1 (A) make grants to the States of Massa2 chusetts and New Hampshire, political subdivi3 sions of the States, nonprofit organizations, and 

4 other persons; 

5 (B) enter into cooperative agreements 

6 with, or provide technical assistance to, the 

7 States of Massachusetts and New Hampshire, 

8 political subdivisions of the States, nonprofit or9 ganizations, Federal agencies, and other inter10 ested parties; 

11 (C) hire and compensate staff; 

12 (D) obtain funds or services from any 

13 source, including funds and services provided 

14 under any other Federal law or program; 

15 (E) contract for goods or services; and 

16 (F) support activities of partners and any 

17 other activities that further the purposes of the 

18 Heritage Area and are consistent with the ap19 proved management plan. 

20 (3) PROHIBITION ON ACQUISITION OF REAL

21 PROPERTY.—The local coordinating entity may not 

22 use Federal funds received under this section to ac23 quire any interest in real property. 

24 (4) USE OF FUNDS FOR NON-FEDERAL PROP25 ERTY.—The local coordinating entity may use FedVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 eral funds made available under this section to assist 

2 non-Federal property that is— 

3 (A) described in the management plan; or 

4 (B) listed, or eligible for listing, on the Na5 tional Register of Historic Places. 

6 (e) MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date on which funds are made available to de9 velop the management plan, the local coordinating 

10 entity shall submit to the Secretary for approval a 

11 proposed management plan for the Heritage Area. 

12 (2) REQUIREMENTS.—The management plan 

13 for the Heritage Area shall— 

14 (A) describe comprehensive policies, goals, 

15 strategies, and recommendations for the con16 servation, funding, management, and develop17 ment of the Heritage Area; 

18 (B) take into consideration existing State, 

19 county, and local plans in the development and 

20 implementation of the management plan; 

21 (C) provide a framework for coordination 

22 of the plans considered under subparagraph (B) 

23 to present a unified historic preservation and 

24 interpretation plan; 


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1 (D) contain the contributions of residents, 

2 public agencies, and private organizations with3 in the Heritage Area; 

4 (E) include a description of actions and 

5 commitments that governments, private organi6 zations, and citizens plan to take to protect, en7 hance, and interpret the natural, historic, sce8 nic, and cultural resources of the Heritage 

9 Area; 

10 (F) specify existing and potential sources 

11 of funding or economic development strategies 

12 to conserve, manage, and develop the Heritage 

13 Area; 

14 (G) include an inventory of the natural, 

15 historic, and recreational resources of the Her16 itage Area, including a list of properties that— 

17 (i) are related to the themes of the 

18 Heritage Area; and 

19 (ii) should be conserved, restored, 

20 managed, developed, or maintained; 

21 (H) recommend policies and strategies for 

22 resource management that— 

23 (i) apply appropriate land and water 

24 management techniques; 


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1 (ii) include the development of inter2 governmental and interagency agreements 

3 to protect the natural, historic, and cul4 tural resources of the Heritage Area; and 

5 (iii) support economic revitalization 

6 efforts; 

7 (I) describe a program for implementation 

8 of the management plan, including— 

9 (i) restoration and construction plans 

10 or goals; 

11 (ii) a program of public involvement; 

12 (iii) annual work plans; and 

13 (iv) annual reports; 

14 (J) include an analysis of, and rec15 ommendations for, ways in which Federal, 

16 State, tribal, and local programs may best be 

17 coordinated (including the role of the National 

18 Park Service and other Federal agencies associ19 ated with the Heritage Area) to further the 

20 purposes of this section; 

21 (K) include an interpretive plan for the 

22 Heritage Area; and 

23 (L) include a business plan that— 

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1 nating entity and of each of the major ac2 tivities described in the management plan; 

3 and 

4 (ii) provides adequate assurances that 

5 the local coordinating entity has the part6 nerships and financial and other resources 

7 necessary to implement the management 

8 plan for the Heritage Area. 

9 (3) TERMINATION OF FUNDING.—If the man10 agement plan is not submitted to the Secretary in 

11 accordance with this section, the local coordinating 

12 entity shall not qualify for additional financial as13 sistance under this section until the management 

14 plan is submitted to, and approved by, the Sec15 retary. 

16 (4) APPROVAL OF MANAGEMENT PLAN.— 

17 (A) REVIEW.—Not later than 180 days 

18 after the date on which the Secretary receives 

19 the management plan, the Secretary shall ap20 prove or disapprove the management plan. 

21 (B) CRITERIA FOR APPROVAL.—In deter22 mining whether to approve the management 

23 plan, the Secretary shall consider whether— 

24 (i) the local coordinating entity rep25 resents the diverse interests of the HeritVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 age Area, including governments, natural 

2 and historic resource protection organiza3 tions, educational institutions, businesses, 

4 community residents, and recreational or5 ganizations; 

6 (ii) the local coordinating entity has 

7 afforded adequate opportunity for public 

8 and governmental involvement (including 

9 through workshops and public meetings) in 

10 the preparation of the management plan; 

11 (iii) the resource protection and inter12 pretation strategies described in the man13 agement plan, if implemented, would ade14 quately protect the natural, historic, and 

15 cultural resources of the Heritage Area; 

16 (iv) the management plan would not 

17 adversely affect any activities authorized 

18 on Federal or tribal land under applicable 

19 laws or land use plans; 

20 (v) the Secretary has received ade21 quate assurances from the appropriate 

22 State, tribal, and local officials whose sup23 port is needed to ensure the effective im24 plementation of the State, tribal, and local 

25 aspects of the management plan; and 


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1 (vi) the local coordinating entity has 

2 demonstrated the financial capability, in 

3 partnership with others, to carry out the 

4 management plan. 

5 (C) ACTION FOLLOWING DISAPPROVAL.— 

6 (i) IN GENERAL.—If the Secretary 

7 disapproves the management plan, the Sec8 retary— 

9 (I) shall advise the local coordi10 nating entity in writing of the reasons 

11 for the disapproval; and 

12 (II) may make recommendations 

13 to the local coordinating entity for re14 visions to the management plan. 

15 (ii) DEADLINE.—Not later than 180 

16 days after receiving a revised management 

17 plan, the Secretary shall approve or dis18 approve the revised management plan. 

19 (D) AMENDMENTS.— 

20 (i) IN GENERAL.—An amendment to 

21 the management plan that substantially al22 ters the purposes of the Heritage Area 

23 shall be reviewed by the Secretary and ap24 proved or disapproved in the same manner 

25 as the original management plan. 


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1 (ii) IMPLEMENTATION.—The local co2 ordinating entity shall not use Federal 

3 funds authorized to be appropriated by this 

4 section to implement an amendment to the 

5 management plan until the Secretary ap6 proves the amendment. 

7 (f) DUTIES AND AUTHORITIES OF THE SEC8 RETARY.— 

9 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

10 (A) IN GENERAL.—On the request of the 

11 local coordinating entity, the Secretary may 

12 provide technical and financial assistance, on a 

13 reimbursable or nonreimbursable basis (as de14 termined by the Secretary), to the local coordi15 nating entity to develop and implement the 

16 management plan. 

17 (B) COOPERATIVE AGREEMENTS.—The 

18 Secretary may enter into cooperative agree19 ments with the local coordinating entity and 

20 other public or private entities to provide tech21 nical or financial assistance under subpara22 graph (A). 

23 (C) PRIORITY.—In assisting the Heritage 

24 Area, the Secretary shall give priority to actions 

25 that assist in— 


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1 (i) conserving the significant natural, 

2 historic, and cultural resources of the Her3 itage Area; and 

4 (ii) providing educational, interpretive, 

5 and recreational opportunities consistent 

6 with the purposes of the Heritage Area. 

7 (2) EVALUATION; REPORT.— 

8 (A) IN GENERAL.—Not later than 3 years 

9 before the date on which authority for Federal 

10 funding terminates for the Heritage Area under 

11 subsection (j), the Secretary shall— 

12 (i) conduct an evaluation of the ac13 complishments of the Heritage Area; and 

14 (ii) prepare a report with rec15 ommendations for the future role of the 

16 National Park Service, if any, with respect 

17 to the Heritage Area, in accordance with 

18 subparagraph (C). 

19 (B) EVALUATION.—An evaluation con20 ducted under subparagraph (A)(i) shall— 

21 (i) assess the progress of the local co22 ordinating entity with respect to— 

23 (I) accomplishing the purposes of 

24 this section for the Heritage Area; 

25 and 


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1 (II) achieving the goals and ob2 jectives of the approved management 

3 plan for the Heritage Area; 

4 (ii) analyze the Federal, State, local, 

5 and private investments in the Heritage 

6 Area to determine the leverage and impact 

7 of the investments; and 

8 (iii) review the management structure, 

9 partnership relationships, and funding of 

10 the Heritage Area for purposes of identi11 fying the critical components for sustain12 ability of the Heritage Area. 

13 (C) REPORT.— 

14 (i) IN GENERAL.—Based on the eval15 uation conducted under subparagraph 

16 (A)(i), the Secretary shall prepare a report 

17 that includes recommendations for the fu18 ture role of the National Park Service, if 

19 any, with respect to the Heritage Area. 

20 (ii) REQUIRED ANALYSIS.—If the re21 port prepared under this subparagraph 

22 recommends that Federal funding for the 

23 Heritage Area be reauthorized, the report 

24 shall include an analysis of— 


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1 (I) ways in which Federal fund2 ing for the Heritage Area may be re3 duced or eliminated; and 

4 (II) the appropriate time period 

5 necessary to achieve the recommended 

6 reduction or elimination. 

7 (iii) SUBMISSION TO CONGRESS.—On 

8 completion of a report under this subpara9 graph, the Secretary shall submit the re10 port to— 

11 (I) the Committee on Energy and 

12 Natural Resources of the Senate; and 

13 (II) the Committee on Natural 

14 Resources of the House of Represent15 atives. 

16 (g) RELATIONSHIP TO OTHER FEDERAL AGEN17 CIES.— 

18 (1) IN GENERAL.—Nothing in this section af19 fects the authority of a Federal agency to provide 

20 technical or financial assistance under any other law. 

21 (2) CONSULTATION AND COORDINATION.—To 

22 the maximum extent practicable, the head of any 

23 Federal agency planning to conduct activities that 

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1 aged to consult and coordinate the activities with the 

2 Secretary and the local coordinating entity. 

3 (3) OTHER FEDERAL AGENCIES.—Nothing in 

4 this section— 

5 (A) modifies, alters, or amends any laws 

6 (including regulations) authorizing a Federal 

7 agency to manage Federal land under the juris8 diction of the Federal agency; 

9 (B) limits the discretion of a Federal land 

10 manager to implement an approved land use 

11 plan within the boundaries of the Heritage 

12 Area; or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction 

15 of a Federal agency. 

16 (h) PROPERTY OWNERS AND REGULATORY PROTEC17 TIONS.—Nothing in this section— 

18 (1) abridges the rights of any owner of public 

19 or private property, including the right to refrain 

20 from participating in any plan, project, program, or 

21 activity conducted within the Heritage Area; 

22 (2) requires any property owner to— 

23 (A) permit public access (including Fed24 eral, tribal, State, or local government access) 

25 to the property; or 


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1 (B) modify any provisions of Federal, trib2 al, State, or local law with regard to public ac3 cess or use of private land; 

4 (3) alters any duly adopted land use regula5 tions, approved land use plan, or any other regu6 latory authority of any Federal, State, or local agen7 cy, or tribal government; 

8 (4) conveys any land use or other regulatory 

9 authority to the local coordinating entity; 

10 (5) authorizes or implies the reservation or ap11 propriation of water or water rights; 

12 (6) diminishes the authority of the States of 

13 Massachusetts and New Hampshire to manage fish 

14 and wildlife, including the regulation of fishing and 

15 hunting within the Heritage Area; or 

16 (7) creates any liability, or affects any liability 

17 under any other law, of any private property owner 

18 with respect to any person injured on the private 

19 property. 

20 (i) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section $10,000,000, 

23 of which not more than $1,000,000 may be made 

24 available for any fiscal year. 


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1 (2) AVAILABILITY.—Funds made available 

2 under paragraph (1) shall remain available until ex3 pended. 

4 (3) COST-SHARING REQUIREMENT.— 

5 (A) IN GENERAL.—The Federal share of 

6 the total cost of any activity under this section 

7 shall be not more than 50 percent. 

8 (B) FORM.—The non-Federal contribution 

9 may be in the form of in-kind contributions of 

10 goods or services fairly valued. 

11 (j) TERMINATION OF FINANCIAL ASSISTANCE.—The 

12 authority of the Secretary to provide financial assistance 

13 under this section terminates on the date that is 15 years 

14 after the date of enactment of this Act. 

15 SEC. 827. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 

16 (a) DEFINITIONS.—In this section: 

17 (1) HERITAGE AREA.—The term ‘‘Heritage 

18 Area’’ means the Mississippi Hills National Heritage 

19 Area established by subsection (b)(1). 

20 (2) LOCAL COORDINATING ENTITY.—The term 

21 ‘‘local coordinating entity’’ means the local coordi22 nating entity for Heritage Area designated by sub23 section (b)(3)(A). 


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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Heritage Area required under subsection (c)(1)(A). 

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

5 the Secretary of the Interior. 

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

7 of Mississippi. 

8 (b) MISSISSIPPI HILLS NATIONAL HERITAGE

9 AREA.— 

10 (1) ESTABLISHMENT.—There is established the 

11 Mississippi Hills National Heritage Area in the 

12 State. 

13 (2) BOUNDARIES.— 

14 (A) AFFECTED COUNTIES.—The Heritage 

15 Area shall consist of all, or portions of, as spec16 ified by the boundary description in subpara17 graph (B), Alcorn, Attala, Benton, Calhoun, 

18 Carroll, Chickasaw, Choctaw, Clay, DeSoto, 

19 Grenada, Holmes, Itawamba, Lafayette, Lee, 

20 Lowndes, Marshall, Monroe, Montgomery, 

21 Noxubee, Oktibbeha, Panola, Pontotoc, 

22 Prentiss, Tate, Tippah, Tishomingo, Union, 

23 Webster, Winston, and Yalobusha Counties in 

24 the State. 


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1 (B) BOUNDARY DESCRIPTION.—The Herit2 age Area shall have the following boundary de3 scription: 

4 (i) traveling counterclockwise, the 

5 Heritage Area shall be bounded to the west 

6 by U.S. Highway 51 from the Tennessee 

7 State line until it intersects Interstate 55 

(at Geeslin Corner approximately 1 8 ⁄2 mile 

9 due north of Highway Interchange 208); 

10 (ii) from this point, Interstate 55 

11 shall be the western boundary until it 

12 intersects with Mississippi Highway 12 at 

13 Highway Interchange 156, the intersection 

14 of which shall be the southwest terminus of 

15 the Heritage Area; 

16 (iii) from the southwest terminus, the 

17 boundary shall— 

18 (I) extend east along Mississippi 

19 Highway 12 until it intersects U.S. 

20 Highway 51; 

21 (II) follow Highway 51 south 

22 until it is intersected again by High23 way 12; 


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1 (III) extend along Highway 12 

2 into downtown Kosciusko where it 

3 intersects Mississippi Highway 35; 

4 (IV) follow Highway 35 south 

5 until it is intersected by Mississippi 

6 Highway 14; and 

7 (V) extend along Highway 14 

8 until it reaches the Alabama State 

9 line, the intersection of which shall be 

10 the southeast terminus of the Herit11 age Area; 

12 (iv) from the southeast terminus, the 

13 boundary of the Heritage Area shall follow 

14 the Mississippi-Alabama State line until it 

15 reaches the Mississippi-Tennessee State 

16 line, the intersection of which shall be the 

17 northeast terminus of the Heritage Area; 

18 and 

19 (v) the boundary shall extend due 

20 west until it reaches U.S. Highway 51, the 

21 intersection of which shall be the northwest 

22 terminus of the Heritage Area. 

23 (3) LOCAL COORDINATING ENTITY.— 

24 (A) IN GENERAL.—The local coordinating 

25 entity for the Heritage Area shall be the MisVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 sissippi Hills Heritage Area Alliance, a non2 profit organization registered by the State, with 

3 the cooperation and support of the University 

4 of Mississippi. 

5 (B) BOARD OF DIRECTORS.— 

6 (i) IN GENERAL.—The local coordi7 nating entity shall be governed by a Board 

8 of Directors comprised of not more than 

9 30 members. 

10 (ii) COMPOSITION.—Members of the 

11 Board of Directors shall consist of— 

12 (I) not more than 1 representa13 tive from each of the counties de14 scribed in paragraph (2)(A); and 

15 (II) any ex-officio members that 

16 may be appointed by the Board of Di17 rectors, as the Board of Directors de18 termines to be necessary. 

19 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI20 NATING ENTITY.— 

21 (1) DUTIES OF THE LOCAL COORDINATING EN22 TITY.—To further the purposes of the Heritage 

23 Area, the local coordinating entity shall— 


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1 (A) prepare, and submit to the Secretary, 

2 in accordance with subsection (d), a manage3 ment plan for the Heritage Area; 

4 (B) assist units of local government, re5 gional planning organizations, and nonprofit or6 ganizations in implementing the approved man7 agement plan by— 

8 (i) establishing and maintaining inter9 pretive exhibits and programs within the 

10 Heritage Area; 

11 (ii) developing recreational opportuni12 ties in the Heritage Area; 

13 (iii) increasing public awareness of, 

14 and appreciation for, natural, historical, 

15 cultural, archaeological, and recreational 

16 resources of the Heritage Area; 

17 (iv) restoring historic sites and build18 ings in the Heritage Area that are con19 sistent with the themes of the Heritage 

20 Area; and 

21 (v) carrying out any other activity 

22 that the local coordinating entity deter23 mines to be consistent with this section; 


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1 (C) conduct meetings open to the public at 

2 least annually regarding the development and 

3 implementation of the management plan; 

4 (D) submit an annual report to the Sec5 retary for each fiscal year for which the local 

6 coordinating entity receives Federal funds 

7 under this section specifying— 

8 (i) the accomplishments of the local 

9 coordinating entity; 

10 (ii) the expenses and income of the 

11 local coordinating entity; 

12 (iii) the amounts and sources of 

13 matching funds; 

14 (iv) the amounts leveraged with Fed15 eral funds and sources of the leveraged 

16 funds; and 

17 (v) grants made to any other entities 

18 during the fiscal year; 

19 (E) make available for audit for each fiscal 

20 year for which the local coordinating entity re21 ceives Federal funds under this section, all in22 formation pertaining to the expenditure of the 

23 funds and any matching funds; 

24 (F) require in all agreements authorizing 

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1 zations, that the receiving organizations make 

2 available for audit all records and other infor3 mation pertaining to the expenditure of the 

4 funds; and 

5 (G) ensure that each county included in 

6 the Heritage Area is appropriately represented 

7 on any oversight advisory committee established 

8 under this section to coordinate the Heritage 

9 Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants and loans to the State, 

16 political subdivisions of the State, nonprofit or17 ganizations, and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, and other organizations; 

22 (C) hire and compensate staff; 

23 (D) obtain funds or services from any 

24 source, including funds and services provided 

25 under any other Federal law or program; and 


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1 (E) contract for goods or services. 

2 (3) PROHIBITION ON ACQUISITION OF REAL

3 PROPERTY.—The local coordinating entity may not 

4 use Federal funds received under this section to ac5 quire any interest in real property. 

6 (d) MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date on which funds are made available to de9 velop the management plan, the local coordinating 

10 entity shall submit to the Secretary for approval a 

11 proposed management plan for the Heritage Area. 

12 (2) REQUIREMENTS.—The management plan 

13 for the Heritage Area shall— 

14 (A) provide recommendations for the pres15 ervation, conservation, enhancement, funding, 

16 management, interpretation, development, and 

17 promotion of the cultural, historical, archae18 ological, natural, and recreational resources of 

19 the Heritage Area; 

20 (B) specify existing and potential sources 

21 of funding or economic development strategies 

22 to protect, enhance, interpret, fund, manage, 

23 and develop the Heritage Area; 

24 (C) include— 


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1 (i) an inventory of the natural, histor2 ical, cultural, archaeological, and rec3 reational resources of the Heritage Area; 

4 and 

5 (ii) an analysis of how Federal, State, 

6 tribal, and local programs may best be co7 ordinated to promote and carry out this 

8 section; 

9 (D) provide recommendations for edu10 cational and interpretive programs to provide 

11 information to the public on the resources of 

12 the Heritage Area; and 

13 (E) involve residents of affected commu14 nities and tribal and local governments. 

15 (3) TERMINATION OF FUNDING.—If the man16 agement plan is not submitted to the Secretary in 

17 accordance with this subsection, the local coordi18 nating entity shall not qualify for additional finan19 cial assistance under this section until the manage20 ment plan is submitted to, and approved by, the Sec21 retary. 

22 (4) APPROVAL OF MANAGEMENT PLAN.— 

23 (A) REVIEW.—Not later than 180 days 

24 after the date on which the Secretary receives 


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1 the management plan, the Secretary shall ap2 prove or disapprove the management plan. 

3 (B) CONSULTATION REQUIRED.—The Sec4 retary shall consult with the Governor of the 

5 State and any tribal government in which the 

6 Heritage Area is located before approving the 

7 management plan. 

8 (C) CRITERIA FOR APPROVAL.—In deter9 mining whether to approve the management 

10 plan, the Secretary shall consider whether— 

11 (i) the local coordinating entity rep12 resents the diverse interests of the Herit13 age Area, including governments, natural 

14 and historical resource protection organiza15 tions, educational institutions, businesses, 

16 community residents, and recreational or17 ganizations; 

18 (ii) the local coordinating entity has 

19 afforded adequate opportunity for public 

20 and governmental involvement (including 

21 through workshops and public meetings) in 

22 the preparation of the management plan; 

23 (iii) the resource protection and inter24 pretation strategies described in the man25 agement plan, if implemented, would adeVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 quately protect the natural, historical, cul2 tural, archaeological, and recreational re3 sources of the Heritage Area; 

4 (iv) the management plan would not 

5 adversely affect any activities authorized 

6 on Federal or tribal land under applicable 

7 laws or land use plans; 

8 (v) the Secretary has received ade9 quate assurances from the appropriate 

10 State, tribal, and local officials whose sup11 port is needed to ensure the effective im12 plementation of the State, tribal, and local 

13 aspects of the management plan; and 

14 (vi) the local coordinating entity has 

15 demonstrated the financial capability, in 

16 partnership with others, to carry out the 

17 management plan. 

18 (D) ACTION FOLLOWING DISAPPROVAL.— 

19 (i) IN GENERAL.—If the Secretary 

20 disapproves the management plan, the Sec21 retary— 

22 (I) shall advise the local coordi23 nating entity in writing of the reasons 

24 for the disapproval; and 


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1 (II) may make recommendations 

2 to the local coordinating entity for re3 visions to the management plan. 

4 (ii) DEADLINE.—Not later than 180 

5 days after receiving a revised management 

6 plan, the Secretary shall approve or dis7 approve the revised management plan. 

8 (E) REVIEW; AMENDMENTS.— 

9 (i) IN GENERAL.—After approval by 

10 the Secretary of the management plan, the 

11 Alliance shall periodically— 

12 (I) review the management plan; 

13 and 

14 (II) submit to the Secretary, for 

15 review and approval by the Secretary, 

16 any recommendations for revisions to 

17 the management plan. 

18 (ii) IN GENERAL.—An amendment to 

19 the management plan that substantially al20 ters the purposes of the Heritage Area 

21 shall be reviewed by the Secretary and ap22 proved or disapproved in the same manner 

23 as the original management plan. 

24 (iii) IMPLEMENTATION.—The local co25 ordinating entity shall not use Federal 


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1 funds authorized to be appropriated by this 

2 section to implement an amendment to the 

3 management plan until the Secretary ap4 proves the amendment. 

5 (e) DUTIES AND AUTHORITIES OF THE SEC6 RETARY.— 

7 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

8 (A) IN GENERAL.—On the request of the 

9 local coordinating entity, the Secretary may 

10 provide technical and financial assistance, on a 

11 reimbursable or nonreimbursable basis (as de12 termined by the Secretary), to the local coordi13 nating entity to develop and implement the 

14 management plan. 

15 (B) COOPERATIVE AGREEMENTS.—The 

16 Secretary may enter into cooperative agree17 ments with the local coordinating entity and 

18 other public or private entities to provide tech19 nical or financial assistance under subpara20 graph (A). 

21 (C) PRIORITY.—In assisting the Heritage 

22 Area, the Secretary shall give priority to actions 

23 that assist in— 

24 (i) conserving the significant natural, 

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1 reational resources of the Heritage Area; 

2 and 

3 (ii) providing educational, interpretive, 

4 and recreational opportunities consistent 

5 with the purposes of the Heritage Area. 

6 (2) EVALUATION; REPORT.— 

7 (A) IN GENERAL.—Not later than 3 years 

8 before the date on which authority for Federal 

9 funding terminates for the Heritage Area under 

10 subsection (i), the Secretary shall— 

11 (i) conduct an evaluation of the ac12 complishments of the Heritage Area; and 

13 (ii) prepare a report with rec14 ommendations for the future role of the 

15 National Park Service, if any, with respect 

16 to the Heritage Area, in accordance with 

17 subparagraph (C). 

18 (B) EVALUATION.—An evaluation con19 ducted under subparagraph (A)(i) shall— 

20 (i) assess the progress of the local co21 ordinating entity with respect to— 

22 (I) accomplishing the purposes of 

23 this section for the Heritage Area; 

24 and 


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1 (II) achieving the goals and ob2 jectives of the approved management 

3 plan for the Heritage Area; 

4 (ii) analyze the Federal, State, local, 

5 and private investments in the Heritage 

6 Area to determine the leverage and impact 

7 of the investments; and 

8 (iii) review the management structure, 

9 partnership relationships, and funding of 

10 the Heritage Area for purposes of identi11 fying the critical components for sustain12 ability of the Heritage Area. 

13 (C) REPORT.— 

14 (i) IN GENERAL.—Based on the eval15 uation conducted under subparagraph 

16 (A)(i), the Secretary shall prepare a report 

17 that includes recommendations for the fu18 ture role of the National Park Service, if 

19 any, with respect to the Heritage Area. 

20 (ii) REQUIRED ANALYSIS.—If the re21 port prepared under this subparagraph 

22 recommends that Federal funding for the 

23 Heritage Area be reauthorized, the report 

24 shall include an analysis of— 


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1 (I) ways in which Federal fund2 ing for the Heritage Area may be re3 duced or eliminated; and 

4 (II) the appropriate time period 

5 necessary to achieve the recommended 

6 reduction or elimination. 

7 (iii) SUBMISSION TO CONGRESS.—On 

8 completion of a report under this subpara9 graph, the Secretary shall submit the re10 port to— 

11 (I) the Committee on Energy and 

12 Natural Resources of the Senate; and 

13 (II) the Committee on Natural 

14 Resources of the House of Represent15 atives. 

16 (f) RELATIONSHIP TO OTHER FEDERAL AGEN17 CIES.— 

18 (1) IN GENERAL.—Nothing in this section af19 fects the authority of a Federal agency to provide 

20 technical or financial assistance under any other law. 

21 (2) CONSULTATION AND COORDINATION.—To 

22 the maximum extent practicable, the head of any 

23 Federal agency planning to conduct activities that 

24 may have an impact on the Heritage Area is encourVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 aged to consult and coordinate the activities with the 

2 Secretary and the local coordinating entity. 

3 (3) OTHER FEDERAL AGENCIES.—Nothing in 

4 this section— 

5 (A) modifies, alters, or amends any laws 

6 (including regulations) authorizing a Federal 

7 agency to manage Federal land under the juris8 diction of the Federal agency; 

9 (B) limits the discretion of a Federal land 

10 manager to implement an approved land use 

11 plan within the boundaries of the Heritage 

12 Area; or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction 

15 of a Federal agency. 

16 (g) EFFECT.— 

17 (1) PROPERTY OWNERS AND REGULATORY PRO18 TECTIONS.—Nothing in this section— 

19 (A) abridges the rights of any owner of 

20 public or private property, including the right 

21 to refrain from participating in any plan, 

22 project, program, or activity conducted within 

23 the Heritage Area; 

24 (B) requires any property owner to— 


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1 (i) permit public access (including 

2 Federal, tribal, State, or local government 

3 access) to the property; or 

4 (ii) modify any provisions of Federal, 

5 tribal, State, or local law with regard to 

6 public access or use of private land; 

7 (C) alters any duly adopted land use regu8 lations, approved land use plan, or any other 

9 regulatory authority of any Federal, State, or 

10 local agency, or tribal government; 

11 (D) conveys any land use or other regu12 latory authority to the local coordinating entity; 

13 (E) authorizes or implies the reservation or 

14 appropriation of water or water rights; 

15 (F) diminishes the authority of the State 

16 to manage fish and wildlife, including the regu17 lation of fishing and hunting within the Herit18 age Area; or 

19 (G) creates any liability, or affects any li20 ability under any other law, of any private 

21 property owner with respect to any person in22 jured on the private property. 

23 (2) NO EFFECT ON INDIAN TRIBES.—Nothing 

24 in this section— 


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1 (A) restricts an Indian tribe from pro2 tecting cultural or religious sites on tribal land; 

3 or 

4 (B) diminishes the trust responsibilities or 

5 government-to-government obligations of the 

6 United States to any Indian tribe recognized by 

7 the Federal Government. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out this section $10,000,000, 

11 of which not more than $1,000,000 may be made 

12 available for any fiscal year. 

13 (2) AVAILABILITY.—Amounts made available 

14 under paragraph (1) shall remain available until ex15 pended. 

16 (3) COST-SHARING REQUIREMENT.— 

17 (A) IN GENERAL.—The Federal share of 

18 the total cost of any activity under this section 

19 shall be not more than 50 percent. 

20 (B) FORM.—The non-Federal contribu21 tion— 

22 (i) shall be from non-Federal sources; 

23 and 


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1 (ii) may be in the form of in-kind con2 tributions of goods or services fairly val3 ued. 

4 (i) TERMINATION OF FINANCIAL ASSISTANCE.—The 

5 authority of the Secretary to provide financial assistance 

6 under this section terminates on the date that is 15 years 

7 after the date of enactment of this Act. 

8 SEC. 828. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 

9 (a) DEFINITIONS.—In this section: 

10 (1) BOARD.—The term ‘‘Board’’ means the 

11 Board of Directors of the local coordinating entity. 

12 (2) HERITAGE AREA.—The term ‘‘Heritage 

13 Area’’ means the Mississippi Delta National Herit14 age Area established by subsection (b)(1). 

15 (3) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the local coordi17 nating entity for the Heritage Area designated by 

18 subsection (b)(4)(A). 

19 (4) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the 

21 Heritage Area developed under subsection (d). 

22 (5) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Mississippi Delta National Heritage Area’’, 

24 numbered T13/80,000, and dated April 2008. 


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

2 the Secretary of the Interior. 

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

4 of Mississippi. 

5 (b) ESTABLISHMENT.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the State the Mississippi Delta National Heritage 

8 Area. 

9 (2) BOUNDARIES.—The Heritage Area shall in10 clude all counties in the State that contain land lo11 cated in the alluvial floodplain of the Mississippi 

12 Delta, including Bolivar, Carroll, Coahoma, Desoto, 

13 Holmes, Humphreys, Issaquena, Leflore, Panola, 

14 Quitman, Sharkey, Sunflower, Tallahatchie, Tate, 

15 Tunica, Warren, Washington, and Yazoo Counties in 

16 the State, as depicted on the map. 

17 (3) AVAILABILITY OF MAP.—The map shall be 

18 on file and available for public inspection in the of19 fice of the Director of the National Park Service. 

20 (4) LOCAL COORDINATING ENTITY.— 

21 (A) DESIGNATION.—The Mississippi Delta 

22 National Heritage Area Partnership shall be 

23 the local coordinating entity for the Heritage 

24 Area. 

25 (B) BOARD OF DIRECTORS.— 


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1 (i) COMPOSITION.— 

2 (I) IN GENERAL.—The local co3 ordinating entity shall be governed by 

4 a Board of Directors composed of 15 

5 members, of whom— 

6 (aa) 1 member shall be ap7 pointed by Delta State Univer8 sity; 

9 (bb) 1 member shall be ap10 pointed by Mississippi Valley 

11 State University; 

12 (cc) 1 member shall be ap13 pointed by Alcorn State Univer14 sity; 

15 (dd) 1 member shall be ap16 pointed by the Delta Foundation; 

17 (ee) 1 member shall be ap18 pointed by the Smith Robertson 

19 Museum; 

20 (ff) 1 member shall be ap21 pointed from the office of the 

22 Governor of the State; 

23 (gg) 1 member shall be ap24 pointed by Delta Council; 


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1 (hh) 1 member shall be ap2 pointed from the Mississippi Arts 

3 Commission; 

4 (ii) 1 member shall be ap5 pointed from the Mississippi De6 partment of Archives and His7 tory; 

8 (jj) 1 member shall be ap9 pointed from the Mississippi Hu10 manities Council; and 

11 (kk) up to 5 additional 

12 members shall be appointed for 

13 staggered 1- and 2-year terms by 

14 County boards in the Heritage 

15 Area. 

16 (II) RESIDENCY REQUIRE17 MENTS.—At least 7 members of the 

18 Board shall reside in the Heritage 

19 Area. 

20 (ii) OFFICERS.— 

21 (I) IN GENERAL.—At the initial 

22 meeting of the Board, the members of 

23 the Board shall appoint a Chair24 person, Vice Chairperson, and Sec25 retary/Treasurer. 


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1 (II) DUTIES.— 

2 (aa) CHAIRPERSON.—The 

3 duties of the Chairperson shall 

4 include— 

5 (AA) presiding over 

6 meetings of the Board; 

7 (BB) executing docu8 ments of the Board; and 

9 (CC) coordinating ac10 tivities of the Heritage Area 

11 with Federal, State, local, 

12 and nongovernmental offi13 cials. 

14 (bb) VICE CHAIRPERSON.— 

15 The Vice Chairperson shall act as 

16 Chairperson in the absence or 

17 disability of the Chairperson. 

18 (iii) MANAGEMENT AUTHORITY.— 

19 (I) IN GENERAL.—The Board 

20 shall— 

21 (aa) exercise all corporate 

22 powers of the local coordinating 

23 entity; 


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1 (bb) manage the activities 

2 and affairs of the local coordi3 nating entity; and 

4 (cc) subject to any limita5 tions in the articles and bylaws of 

6 the local coordinating entity, this 

7 section, and any other applicable 

8 Federal or State law, establish 

9 the policies of the local coordi10 nating entity. 

11 (II) STAFF.—The Board shall 

12 have the authority to employ any serv13 ices and staff that are determined to 

14 be necessary by a majority vote of the 

15 Board. 

16 (iv) BYLAWS.— 

17 (I) IN GENERAL.—The Board 

18 may amend or repeal the bylaws of 

19 the local coordinating entity at any 

20 meeting of the Board by a majority 

21 vote of the Board. 

22 (II) NOTICE.—The Board shall 

23 provide notice of any meeting of the 

24 Board at which an amendment to the 

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1 cludes the text or a summary of the 

2 proposed amendment. 

3 (v) MINUTES.—Not later than 60 

4 days after a meeting of the Board, the 

5 Board shall distribute the minutes of the 

6 meeting among all Board members and the 

7 county supervisors in each county within 

8 the Heritage Area. 

9 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI10 NATING ENTITY.— 

11 (1) DUTIES OF THE LOCAL COORDINATING EN12 TITY.—To further the purposes of the Heritage 

13 Area, the local coordinating entity shall— 

14 (A) prepare, and submit to the Secretary, 

15 in accordance with subsection (d), a manage16 ment plan for the Heritage Area; 

17 (B) assist units of local government, re18 gional planning organizations, and nonprofit or19 ganizations in implementing the approved man20 agement plan by— 

21 (i) carrying out programs and projects 

22 that recognize, protect, and enhance im23 portant resource values within the Herit24 age Area; 


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1 (ii) establishing and maintaining in2 terpretive exhibits and programs within the 

3 Heritage Area; 

4 (iii) developing recreational and edu5 cational opportunities in the Heritage 

6 Area; 

7 (iv) increasing public awareness of, 

8 and appreciation for, natural, historic, sce9 nic, and cultural resources of the Heritage 

10 Area; 

11 (v) protecting and restoring historic 

12 sites and buildings in the Heritage Area 

13 that are consistent with the themes of the 

14 Heritage Area; 

15 (vi) ensuring that signs identifying 

16 points of public access and sites of interest 

17 are posted throughout the Heritage Area; 

18 and 

19 (vii) promoting a wide range of part20 nerships among governments, organiza21 tions, and individuals to further the pur22 poses of the Heritage Area; 

23 (C) consider the interests of diverse units 

24 of government, businesses, organizations, and 

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1 tion and implementation of the management 

2 plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) submit an annual report to the Sec7 retary for each fiscal year for which the local 

8 coordinating entity receives Federal funds 

9 under this section specifying— 

10 (i) the accomplishments of the local 

11 coordinating entity; 

12 (ii) the expenses and income of the 

13 local coordinating entity; 

14 (iii) the amounts and sources of 

15 matching funds; 

16 (iv) the amounts leveraged with Fed17 eral funds and sources of the leveraged 

18 funds; and 

19 (v) grants made to any other entities 

20 during the fiscal year; 

21 (F) make available for audit for each fiscal 

22 year for which the local coordinating entity re23 ceives Federal funds under this section, all in24 formation pertaining to the expenditure of the 

25 funds and any matching funds; 


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1 (G) require in all agreements authorizing 

2 expenditures of Federal funds by other organi3 zations, that the receiving organizations make 

4 available for audit all records and other infor5 mation pertaining to the expenditure of the 

6 funds; and 

7 (H) encourage, by appropriate means, eco8 nomic development that is consistent with the 

9 purposes of the Heritage Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants to the State, political sub16 divisions of the State, nonprofit organizations, 

17 and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, Federal agencies, and 

22 other interested parties; 

23 (C) hire and compensate staff; 


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1 (D) obtain funds or services from any 

2 source, including funds and services provided 

3 under any other Federal law or program; 

4 (E) contract for goods or services; and 

5 (F) support activities of partners and any 

6 other activities that further the purposes of the 

7 Heritage Area and are consistent with the ap8 proved management plan. 

9 (3) PROHIBITION ON ACQUISITION OF REAL

10 PROPERTY.—The local coordinating entity may not 

11 use Federal funds received under this section to ac12 quire any interest in real property. 

13 (d) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date on which funds are made available to de16 velop the management plan, the local coordinating 

17 entity shall submit to the Secretary for approval a 

18 proposed management plan for the Heritage Area. 

19 (2) REQUIREMENTS.—The management plan 

20 for the Heritage Area shall— 

21 (A) describe comprehensive policies, goals, 

22 strategies, and recommendations for telling the 

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1 ment, interpretation, funding, management, and 

2 development of the Heritage Area; 

3 (B) take into consideration existing State, 

4 county, and local plans in the development and 

5 implementation of the management plan; 

6 (C) include a description of actions and 

7 commitments that governments, private organi8 zations, and citizens plan to take to protect, en9 hance, and interpret the cultural, historical, ar10 chaeological, natural, and recreational resources 

11 of the Heritage Area; 

12 (D) specify existing and potential sources 

13 of funding or economic development strategies 

14 to protect, enhance, interpret, fund, manage, 

15 and develop the Heritage Area; 

16 (E) include an inventory of the cultural, 

17 historical, archaeological, natural, and rec18 reational resources of the Heritage Area relat19 ing to the stories and themes of the region that 

20 should be protected, enhanced, managed, or de21 veloped; 

22 (F) recommend policies and strategies for 

23 resource management including, the develop24 ment of intergovernmental and interagency 

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1 tural, educational, scenic, and recreational re2 sources of the Heritage Area; 

3 (G) describe a program for implementation 

4 of the management plan, including— 

5 (i) performance goals; 

6 (ii) plans for resource protection, en7 hancement, and interpretation; and 

8 (iii) specific commitments for imple9 mentation that have been made by the 

10 local coordinating entity or any govern11 ment, organization, business, or individual; 

12 (H) include an analysis of, and rec13 ommendations for, ways in which Federal, 

14 State, tribal, and local programs may best be 

15 coordinated (including the role of the National 

16 Park Service and other Federal agencies associ17 ated with the Heritage Area) to further the 

18 purposes of this section; 

19 (I) include an interpretive plan for the 

20 Heritage Area; and 

21 (J) include a business plan that— 

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1 tivities described in the management plan; 

2 and 

3 (ii) provides adequate assurances that 

4 the local coordinating entity has the part5 nerships and financial and other resources 

6 necessary to implement the management 

7 plan for the Heritage Area. 

8 (3) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in 

10 accordance with this subsection, the local coordi11 nating entity shall not qualify for additional finan12 cial assistance under this section until the manage13 ment plan is submitted to, and approved by, the Sec14 retary. 

15 (4) APPROVAL OF MANAGEMENT PLAN.— 

16 (A) REVIEW.—Not later than 180 days 

17 after the date on which the Secretary receives 

18 the management plan, the Secretary shall ap19 prove or disapprove the management plan. 

20 (B) CONSULTATION REQUIRED.—The Sec21 retary shall consult with the Governor of the 

22 State and any tribal government in which the 

23 Heritage Area is located before approving the 

24 management plan. 


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1 (C) CRITERIA FOR APPROVAL.—In deter2 mining whether to approve the management 

3 plan, the Secretary shall consider whether— 

4 (i) the local coordinating entity rep5 resents the diverse interests of the Herit6 age Area, including governments, natural 

7 and historic resource protection organiza8 tions, educational institutions, businesses, 

9 community residents, and recreational or10 ganizations; 

11 (ii) the local coordinating entity has 

12 afforded adequate opportunity for public 

13 and governmental involvement (including 

14 through workshops and public meetings) in 

15 the preparation of the management plan; 

16 (iii) the resource protection and inter17 pretation strategies described in the man18 agement plan, if implemented, would ade19 quately protect the cultural, historical, ar20 chaeological, natural, and recreational re21 sources of the Heritage Area; 

22 (iv) the management plan would not 

23 adversely affect any activities authorized 

24 on Federal or tribal land under applicable 

25 laws or land use plans; 


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1 (v) the Secretary has received ade2 quate assurances from the appropriate 

3 State, tribal, and local officials whose sup4 port is needed to ensure the effective im5 plementation of the State, tribal, and local 

6 aspects of the management plan; and 

7 (vi) the local coordinating entity has 

8 demonstrated the financial capability, in 

9 partnership with others, to carry out the 

10 management plan. 

11 (D) ACTION FOLLOWING DISAPPROVAL.— 

12 (i) IN GENERAL.—If the Secretary 

13 disapproves the management plan, the Sec14 retary— 

15 (I) shall advise the local coordi16 nating entity in writing of the reasons 

17 for the disapproval; and 

18 (II) may make recommendations 

19 to the local coordinating entity for re20 visions to the management plan. 

21 (ii) DEADLINE.—Not later than 180 

22 days after receiving a revised management 

23 plan, the Secretary shall approve or dis24 approve the revised management plan. 

25 (E) AMENDMENTS.— 


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1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area 

4 shall be reviewed by the Secretary and ap5 proved or disapproved in the same manner 

6 as the original management plan. 

7 (ii) IMPLEMENTATION.—The local co8 ordinating entity shall not use Federal 

9 funds authorized to be appropriated by this 

10 section to implement an amendment to the 

11 management plan until the Secretary ap12 proves the amendment. 

13 (e) DUTIES AND AUTHORITIES OF THE SEC14 RETARY.— 

15 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (A) IN GENERAL.—On the request of the 

17 local coordinating entity, the Secretary may 

18 provide technical and financial assistance, on a 

19 reimbursable or nonreimbursable basis (as de20 termined by the Secretary), to the local coordi21 nating entity to develop and implement the 

22 management plan. 

23 (B) COOPERATIVE AGREEMENTS.—The 

24 Secretary may enter into cooperative agree25 ments with the local coordinating entity and 


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1 other public or private entities to provide tech2 nical or financial assistance under subpara3 graph (A). 

4 (C) PRIORITY.—In assisting the Heritage 

5 Area, the Secretary shall give priority to actions 

6 that assist in— 

7 (i) conserving the significant cultural, 

8 historical, archaeological, natural, and rec9 reational resources of the Heritage Area; 

10 and 

11 (ii) providing educational, interpretive, 

12 and recreational opportunities consistent 

13 with the purposes of the Heritage Area. 

14 (D) PROHIBITION OF CERTAIN REQUIRE15 MENTS.—The Secretary may not, as a condition 

16 of the provision of technical or financial assist17 ance under this subsection, require any recipi18 ent of the assistance to impose or modify any 

19 land use restriction or zoning ordinance. 

20 (2) EVALUATION; REPORT.— 

21 (A) IN GENERAL.—Not later than 3 years 

22 before the date on which authority for Federal 

23 funding terminates for the Heritage Area under 

24 subsection (i), the Secretary shall— 


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1 (i) conduct an evaluation of the ac2 complishments of the Heritage Area; and 

3 (ii) prepare a report with rec4 ommendations for the future role of the 

5 National Park Service, if any, with respect 

6 to the Heritage Area, in accordance with 

7 subparagraph (C). 

8 (B) EVALUATION.—An evaluation con9 ducted under subparagraph (A)(i) shall— 

10 (i) assess the progress of the local co11 ordinating entity with respect to— 

12 (I) accomplishing the purposes of 

13 this section for the Heritage Area; 

14 and 

15 (II) achieving the goals and ob16 jectives of the approved management 

17 plan for the Heritage Area; 

18 (ii) analyze the Federal, State, local, 

19 and private investments in the Heritage 

20 Area to determine the leverage and impact 

21 of the investments; and 

22 (iii) review the management structure, 

23 partnership relationships, and funding of 

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1 fying the critical components for sustain2 ability of the Heritage Area. 

3 (C) REPORT.— 

4 (i) IN GENERAL.—Based on the eval5 uation conducted under subparagraph 

6 (A)(i), the Secretary shall prepare a report 

7 that includes recommendations for the fu8 ture role of the National Park Service, if 

9 any, with respect to the Heritage Area. 

10 (ii) REQUIRED ANALYSIS.—If the re11 port prepared under this subparagraph 

12 recommends that Federal funding for the 

13 Heritage Area be reauthorized, the report 

14 shall include an analysis of— 

15 (I) ways in which Federal fund16 ing for the Heritage Area may be re17 duced or eliminated; and 

18 (II) the appropriate time period 

19 necessary to achieve the recommended 

20 reduction or elimination. 

21 (iii) SUBMISSION TO CONGRESS.—On 

22 completion of a report under this subpara23 graph, the Secretary shall submit the re24 port to— 


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1 (I) the Committee on Energy and 

2 Natural Resources of the Senate; and 

3 (II) the Committee on Natural 

4 Resources of the House of Represent5 atives. 

6 (f) RELATIONSHIP TO OTHER FEDERAL AGEN7 CIES.— 

8 (1) IN GENERAL.—Nothing in this section af9 fects the authority of a Federal agency to provide 

10 technical or financial assistance under any other law. 

11 (2) CONSULTATION AND COORDINATION.—To 

12 the maximum extent practicable, the head of any 

13 Federal agency planning to conduct activities that 

14 may have an impact on the Heritage Area is encour15 aged to consult and coordinate the activities with the 

16 Secretary and the local coordinating entity. 

17 (3) OTHER FEDERAL AGENCIES.—Nothing in 

18 this section— 

19 (A) modifies, alters, or amends any laws 

20 (including regulations) authorizing a Federal 

21 agency to manage Federal land under the juris22 diction of the Federal agency; 

23 (B) limits the discretion of a Federal land 

24 manager to implement an approved land use 


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1 plan within the boundaries of the Heritage 

2 Area; or 

3 (C) modifies, alters, or amends any author4 ized use of Federal land under the jurisdiction 

5 of a Federal agency. 

6 (g) PROPERTY OWNERS AND REGULATORY PROTEC7 TIONS.—Nothing in this section— 

8 (1) abridges the rights of any owner of public 

9 or private property, including the right to refrain 

10 from participating in any plan, project, program, or 

11 activity conducted within the Heritage Area; 

12 (2) requires any property owner to— 

13 (A) permit public access (including Fed14 eral, tribal, State, or local government access) 

15 to the property; or 

16 (B) modify any provisions of Federal, trib17 al, State, or local law with regard to public ac18 cess or use of private land; 

19 (3) alters any duly adopted land use regula20 tions, approved land use plan, or any other regu21 latory authority of any Federal, State, or local agen22 cy, or tribal government; 

23 (4) conveys any land use or other regulatory 

24 authority to the local coordinating entity; 


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1 (5) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (6) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the Heritage Area; 

6 (7) creates any liability, or affects any liability 

7 under any other law, of any private property owner 

8 with respect to any person injured on the private 

9 property; 

10 (8) restricts an Indian tribe from protecting 

11 cultural or religious sites on tribal land; or 

12 (9) diminishes the trust responsibilities of gov13 ernment-to-government obligations of the United 

14 States of any federally recognized Indian tribe. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section $10,000,000, 

18 of which not more than $1,000,000 may be made 

19 available for any fiscal year. 

20 (2) COST-SHARING REQUIREMENT.— 

21 (A) IN GENERAL.—The Federal share of 

22 the total cost of any activity under this section 

23 shall be not more than 50 percent. 

24 (B) FORM.—The non-Federal contribu25 tion— 


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1 (i) shall be from non-Federal sources; 

2 and 

3 (ii) may be in the form of in-kind con4 tributions of goods or services fairly val5 ued. 

6 (i) TERMINATION OF FINANCIAL ASSISTANCE.—The 

7 authority of the Secretary to provide financial assistance 

8 under this section terminates on the date that is 15 years 

9 after the date of enactment of this Act. 

10 SEC. 829. MUSCLE SHOALS NATIONAL HERITAGE AREA, 

11 ALABAMA. 

12 (a) PURPOSES.—The purposes of this section are— 

13 (1) to preserve, support, conserve, and interpret 

14 the legacy of the region represented by the Heritage 

15 Area as described in the feasibility study prepared 

16 by the National Park Service; 

17 (2) to promote heritage, cultural, and rec18 reational tourism, and to develop educational and 

19 cultural programs for visitors and the general public; 

20 (3) to recognize and interpret important events 

21 and geographic locations representing key develop22 ments in the growth of the United States, including 

23 the Native American, Colonial American, European 

24 American, and African American heritage; 


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1 (4) to recognize and interpret the manner by 

2 which the distinctive geography of the region has 

3 shaped the development of the settlement, defense, 

4 transportation, commerce, and culture of the region; 

5 (5) to provide a cooperative management frame6 work to foster a close working relationship with all 

7 levels of government, the private sector, and the 

8 local communities in the region to identify, preserve, 

9 interpret, and develop the historical, cultural, scenic, 

10 and natural resources of the region for the edu11 cational and inspirational benefit of current and fu12 ture generations; and 

13 (6) to provide appropriate linkages between 

14 units of the National Park System and communities, 

15 governments, and organizations within the Heritage 

16 Area. 

17 (b) DEFINITIONS.—In this section: 

18 (1) HERITAGE AREA.—The term ‘‘Heritage 

19 Area’’ means the Muscle Shoals National Heritage 

20 Area established by subsection (c)(1). 

21 (2) LOCAL COORDINATING ENTITY.—The term 

22 ‘‘local coordinating entity’’ means the Muscle Shoals 

23 Regional Center, the local coordinating entity for the 

24 Heritage Area designated by subsection (c)(4). 


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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the plan for the Heritage Area 

3 required under subsection (d)(1)(A). 

4 (4) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Muscle Shoals National Heritage Area’’, 

6 numbered T08/80,000, and dated October 2007. 

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

8 of Alabama. 

9 (c) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established the 

11 Muscle Shoals National Heritage Area in the State. 

12 (2) BOUNDARIES.—The Heritage Area shall be 

13 comprised of the following areas, as depicted on the 

14 map: 

15 (A) The Counties of Colbert, Franklin, 

16 Lauderdale, Lawrence, Limestone, and Morgan, 

17 Alabama. 

18 (B) The Wilson Dam. 

19 (C) The Handy Home. 

20 (D) The birthplace of Helen Keller. 

21 (3) AVAILABILITY MAP.—The map shall be on 

22 file and available for public inspection in the appro23 priate offices of the National Park Service and the 

24 local coordinating entity. 


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1 (4) LOCAL COORDINATING ENTITY.—The Mus2 cle Shoals Regional Center shall be the local coordi3 nating entity for the Heritage Area. 

4 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI5 NATING ENTITY.— 

6 (1) DUTIES OF THE LOCAL COORDINATING EN7 TITY.—To further the purposes of the Heritage 

8 Area, the local coordinating entity shall— 

9 (A) prepare, and submit to the Secretary, 

10 in accordance with subsection (e), a manage11 ment plan for the Heritage Area; 

12 (B) submit an annual report to the Sec13 retary for each fiscal year for which the local 

14 coordinating entity receives Federal funds 

15 under this section specifying— 

16 (i) the accomplishments of the local 

17 coordinating entity; 

18 (ii) the expenses and income of the 

19 local coordinating entity; 

20 (iii) the amounts and sources of 

21 matching funds; 

22 (iv) the amounts leveraged with Fed23 eral funds and sources of the leveraged 

24 funds; and 


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1 (v) grants made to any other entities 

2 during the fiscal year; 

3 (C) make available for audit for each fiscal 

4 year for which the local coordinating entity re5 ceives Federal funds under this section, all in6 formation pertaining to the expenditure of the 

7 funds and any matching funds; 

8 (D) encourage, by appropriate means, eco9 nomic development that is consistent with the 

10 purposes of the Heritage Area; and 

11 (E) serve as a catalyst for the implementa12 tion of projects and programs among diverse 

13 partners in the Heritage Area. 

14 (2) AUTHORITIES.—The local coordinating enti15 ty may, subject to the prior approval of the Sec16 retary, for the purposes of preparing and imple17 menting the management plan, use Federal funds 

18 made available under this section to— 

19 (A) make grants to the State, political sub20 divisions of the State, nonprofit organizations, 

21 and other persons; 

22 (B) enter into cooperative agreements 

23 with, or provide technical assistance to, the 

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1 profit organizations, Federal agencies, and 

2 other interested parties; 

3 (C) hire and compensate staff, including 

4 individuals with expertise in— 

5 (i) natural, historical, cultural, edu6 cational, scenic, and recreational resource 

7 conservation; 

8 (ii) economic and community develop9 ment; and 

10 (iii) heritage planning; 

11 (D) obtain funds or services from any 

12 source, including funds and services provided 

13 under any other Federal law or program; 

14 (E) contract for goods or services; and 

15 (F) support activities of partners and any 

16 other activities that further the purposes of the 

17 Heritage Area and are consistent with the ap18 proved management plan. 

19 (3) PROHIBITION ON ACQUISITION OF REAL

20 PROPERTY.—The local coordinating entity may not 

21 use Federal funds received under this section to ac22 quire any interest in real property. 

23 (e) MANAGEMENT PLAN.— 

24 (1) IN GENERAL.—Not later than 3 years after 

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1 velop the management plan, the local coordinating 

2 entity shall submit to the Secretary for approval a 

3 proposed management plan for the Heritage Area. 

4 (2) REQUIREMENTS.—The management plan 

5 for the Heritage Area shall— 

6 (A) describe comprehensive policies, goals, 

7 strategies, and recommendations for telling the 

8 story of the heritage of the area covered by the 

9 Heritage Area and encouraging long-term re10 source protection, enhancement, interpretation, 

11 funding, management, and development of the 

12 Heritage Area; 

13 (B) include a description of actions and 

14 commitments that Federal, State, tribal, and 

15 local governments, private organizations, and 

16 citizens plan to take to protect, enhance, inter17 pret, fund, manage, and develop the natural, 

18 historic, cultural, educational, scenic, and rec19 reational resources of the Heritage Area; 

20 (C) specify existing and potential sources 

21 of funding or economic development strategies 

22 to protect, enhance, interpret, fund, manage, 

23 and develop the Heritage Area; 

24 (D) include an inventory of the natural, 

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1 reational resources of the Heritage Area relat2 ing to the stories and themes of the Heritage 

3 Area that should be protected, enhanced, inter4 preted, managed, funded, or developed; 

5 (E) recommend policies and strategies for 

6 resource management, including the develop7 ment of intergovernmental and interagency 

8 agreements to protect, enhance, interpret, fund, 

9 manage, and develop the natural, historic, cul10 tural, educational, scenic, and recreational re11 sources of the Heritage Area; 

12 (F) describe a program for implementation 

13 of the management plan, including— 

14 (i) performance goals; 

15 (ii) plans for resource protection, en16 hancement, interpretation, funding, man17 agement, and development; and 

18 (iii) specific commitments for imple19 mentation that have been made by the 

20 local coordinating entity or any Federal, 

21 State, tribal, or local government agency, 

22 organization, business, or individual; 

23 (G) include an analysis of, and rec24 ommendations for, ways in which Federal, 

25 State, tribal, and local programs may best be 


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1 coordinated (including the role of the National 

2 Park Service and other Federal agencies associ3 ated with the Heritage Area) to further the 

4 purposes of this section; and 

5 (H) include a business plan that— 

6 (i) describes the role, operation, fi7 nancing, and functions of the local coordi8 nating entity and of each of the major ac9 tivities described in the management plan; 

10 and 

11 (ii) provides adequate assurances that 

12 the local coordinating entity has the part13 nerships and financial and other resources 

14 necessary to implement the management 

15 plan for the Heritage Area. 

16 (3) TERMINATION OF FUNDING.—If the man17 agement plan is not submitted to the Secretary by 

18 the date that is 3 years after the date on which 

19 funds are first made available to develop the man20 agement plan, the local coordinating entity shall not 

21 qualify for additional financial assistance under this 

22 section until the management plan is submitted to, 

23 and approved by, the Secretary. 

24 (4) APPROVAL OF MANAGEMENT PLAN.— 


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1 (A) REVIEW.—Not later than 180 days 

2 after the date on which the Secretary receives 

3 the management plan, the Secretary shall ap4 prove or disapprove the management plan. 

5 (B) CONSULTATION REQUIRED.—The Sec6 retary shall consult with the Governor of the 

7 State in which the Heritage Area is located be8 fore approving the management plan. 

9 (C) CRITERIA FOR APPROVAL.—In deter10 mining whether to approve the management 

11 plan, the Secretary shall consider whether— 

12 (i) the local coordinating entity rep13 resents the diverse interests of the Herit14 age Area, including Federal, State, tribal, 

15 and local governments, natural and historic 

16 resource protection organizations, edu17 cational institutions, businesses, commu18 nity residents, recreational organizations, 

19 and private property owners; 

20 (ii) the local coordinating entity— 

21 (I) has afforded adequate oppor22 tunity for public and Federal, State, 

23 tribal, and local governmental involve24 ment (including through workshops 


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1 and public meetings) in the prepara2 tion of the management plan; and 

3 (II) provides for at least semi4 annual public meetings to ensure ade5 quate implementation of the manage6 ment plan; 

7 (iii) the resource protection, enhance8 ment, interpretation, funding, manage9 ment, and development strategies described 

10 in the management plan, if implemented, 

11 would adequately protect, enhance, inter12 pret, fund, manage, and develop the nat13 ural, historic, cultural, scenic, and rec14 reational resources of the Heritage Area; 

15 (iv) the management plan would not 

16 adversely affect any activities authorized 

17 on Federal land under applicable laws or 

18 land use plans; 

19 (v) the Secretary has received ade20 quate assurances from the appropriate 

21 State, tribal, and local officials whose sup22 port is needed to ensure the effective im23 plementation of the State, tribal, and local 

24 aspects of the management plan; 


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1 (vi) the local coordinating entity has 

2 demonstrated the financial capability, in 

3 partnership with others, to carry out the 

4 management plan; and 

5 (vii) the management plan dem6 onstrates partnerships among the local co7 ordinating entity, Federal, State, tribal, 

8 and local governments, regional planning 

9 organizations, nonprofit organizations, and 

10 private sector parties for implementation of 

11 the management plan. 

12 (D) DISAPPROVAL.— 

13 (i) IN GENERAL.—If the Secretary 

14 disapproves the management plan, the Sec15 retary— 

16 (I) shall advise the local coordi17 nating entity in writing of the reasons 

18 for the disapproval; and 

19 (II) may make recommendations 

20 to the local coordinating entity for re21 visions to the management plan. 

22 (ii) DEADLINE.—Not later than 180 

23 days after receiving a revised management 

24 plan, the Secretary shall approve or dis25 approve the revised management plan. 


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1 (E) AMENDMENTS.— 

2 (i) IN GENERAL.—An amendment to 

3 the management plan that substantially al4 ters the purposes of the Heritage Area 

5 shall be reviewed by the Secretary and ap6 proved or disapproved in the same manner 

7 as the original management plan. 

8 (ii) IMPLEMENTATION.—The local co9 ordinating entity shall not use Federal 

10 funds authorized by this section to imple11 ment an amendment to the management 

12 plan until the Secretary approves the 

13 amendment. 

14 (F) AUTHORITIES.—The Secretary may— 

15 (i) provide technical assistance under 

16 the authority of this section for the devel17 opment and implementation of the man18 agement plan; and 

19 (ii) enter into cooperative agreements 

20 with interested parties to carry out this 

21 section. 

22 (f) DUTIES AND AUTHORITIES OF THE SEC23 RETARY.— 

24 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 


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

2 local coordinating entity, the Secretary may 

3 provide technical and financial assistance, on a 

4 reimbursable or nonreimbursable basis (as de5 termined by the Secretary), to the local coordi6 nating entity to develop and implement the 

7 management plan. 

8 (B) COOPERATIVE AGREEMENTS.—The 

9 Secretary may enter into cooperative agree10 ments with the local coordinating entity and 

11 other public or private entities to provide tech12 nical or financial assistance under subpara13 graph (A). 

14 (2) EVALUATION; REPORT.— 

15 (A) IN GENERAL.—Not later than 3 years 

16 before the date on which authority for Federal 

17 funding terminates for the Heritage Area under 

18 subsection (j), the Secretary shall— 

19 (i) conduct an evaluation of the ac20 complishments of the Heritage Area; and 

21 (ii) prepare a report with rec22 ommendations for the future role of the 

23 National Park Service, if any, with respect 

24 to the Heritage Area, in accordance with 

25 subparagraph (C). 


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1 (B) EVALUATION.—An evaluation con2 ducted under subparagraph (A)(i) shall— 

3 (i) assess the progress of the local co4 ordinating entity with respect to— 

5 (I) accomplishing the purposes of 

6 this section for the Heritage Area; 

7 and 

8 (II) achieving the goals and ob9 jectives of the approved management 

10 plan for the Heritage Area; 

11 (ii) analyze the Federal, State, tribal, 

12 local, and private investments in the Herit13 age Area to determine the leverage and im14 pact of the investments; and 

15 (iii) review the management structure, 

16 partnership relationships, and funding of 

17 the Heritage Area for purposes of identi18 fying the critical components for sustain19 ability of the Heritage Area. 

20 (C) REPORT.— 

21 (i) IN GENERAL.—Based on the eval22 uation conducted under subparagraph 

23 (A)(i), the Secretary shall prepare a report 

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1 ture role of the National Park Service, if 

2 any, with respect to the Heritage Area. 

3 (ii) REQUIRED ANALYSIS.—If the re4 port prepared under this subparagraph 

5 recommends that Federal funding for the 

6 Heritage Area be reauthorized, the report 

7 shall include an analysis of— 

8 (I) ways in which Federal fund9 ing for the Heritage Area may be re10 duced or eliminated; and 

11 (II) the appropriate time period 

12 necessary to achieve the recommended 

13 reduction or elimination. 

14 (iii) SUBMISSION TO CONGRESS.—On 

15 completion of a report under this subpara16 graph, the Secretary shall submit the re17 port to— 

18 (I) the Committee on Energy and 

19 Natural Resources of the Senate; and 

20 (II) the Committee on Natural 

21 Resources of the House of Represent22 atives. 

23 (g) RELATIONSHIP TO OTHER FEDERAL AGEN24 CIES.— 


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1 (1) IN GENERAL.—Nothing in this section af2 fects the authority of a Federal agency to provide 

3 technical or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—To 

5 the maximum extent practicable, the head of any 

6 Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encour8 aged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity to the 

10 maximum extent practicable. 

11 (3) OTHER FEDERAL AGENCIES.—Nothing in 

12 this section— 

13 (A) modifies, alters, or amends any laws 

14 (including regulations) authorizing a Federal 

15 agency to manage Federal land under the juris16 diction of the Federal agency; 

17 (B) limits the discretion of a Federal land 

18 manager to implement an approved land use 

19 plan within the boundaries of the Heritage 

20 Area; or 

21 (C) modifies, alters, or amends any author22 ized use of Federal land under the jurisdiction 

23 of a Federal agency. 

24 (h) PROPERTY OWNERS AND REGULATORY PROTEC25 TIONS.—Nothing in this section— 


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1 (1) abridges the rights of any owner of public 

2 or private property, including the right to refrain 

3 from participating in any plan, project, program, or 

4 activity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Fed7 eral, tribal, State, or local government access) 

8 to the property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regula13 tions, approved land use plan, or any other regu14 latory authority of any Federal, State, or local agen15 cy, or tribal government; 

16 (4) conveys any land use or other regulatory 

17 authority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the State to 

21 manage fish and wildlife, including the regulation of 

22 fishing and hunting within the Heritage Area; or 

23 (7) creates any liability, or affects any liability 

24 under any other law, of any private property owner 


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1 with respect to any person injured on the private 

2 property. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section $10,000,000, 

6 of which not more than $1,000,000 may be made 

7 available for any fiscal year. 

8 (2) AVAILABILITY.—Funds made available 

9 under paragraph (1) shall remain available until ex10 pended. 

11 (3) COST-SHARING REQUIREMENT.— 

12 (A) IN GENERAL.—The Federal share of 

13 the total cost of any activity under this section 

14 shall be not more than 50 percent. 

15 (B) FORM.—The non-Federal contribution 

16 may be in the form of in-kind contributions of 

17 goods or services fairly valued. 

18 (4) USE OF FEDERAL FUNDS FROM OTHER

19 SOURCES.—Nothing in this section precludes the 

20 local coordinating entity from using Federal funds 

21 available under provisions of law other than this sec22 tion for the purposes for which those funds were au23 thorized. 

24 (j) TERMINATION OF EFFECTIVENESS.—The author25 ity of the Secretary to provide financial assistance under 


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1 this section terminates on the date that is 15 years after 

2 the date of enactment of this Act. 

3 SEC. 830. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA, 

4 ARIZONA. 

5 (a) PURPOSES.—The purposes of this section are— 

6 (1) to establish the Santa Cruz Valley National 

7 Heritage Area in the State of Arizona; 

8 (2) to implement the recommendations of— 

9 (A) the ‘‘Alternative Concepts for Com10 memorating Spanish Colonization’’ study com11 pleted by the National Park Service in 1991; 

12 and 

13 (B) the ‘‘Feasibility Study for the Santa 

14 Cruz Valley National Heritage Area’’ prepared 

15 by the Center for Desert Archaeology in July 

16 2005; 

17 (3) to provide a management framework— 

18 (A) to foster a close working relationship 

19 with all levels of government, the private sector, 

20 and the local communities in the region; and 

21 (B) to conserve the heritage of the region 

22 while continuing to pursue compatible economic 

23 opportunities; 

24 (4) to assist communities, organizations, and 

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1 preting, and developing the historic, cultural, scenic, 

2 and natural resources of the region for the edu3 cational and inspirational benefit of current and fu4 ture generations; and 

5 (5) to provide appropriate linkages between 

6 units of the National Park System and communities, 

7 governments, and organizations in the Heritage 

8 Area. 

9 (b) DEFINITIONS.—In this section: 

10 (1) HERITAGE AREA.—The term ‘‘Heritage 

11 Area’’ means the Santa Cruz Valley National Herit12 age Area established by subsection (c)(1). 

13 (2) LOCAL COORDINATING ENTITY.—The term 

14 ‘‘local coordinating entity’’ means the local coordi15 nating entity for the Heritage Area designated by 

16 subsection (c)(4). 

17 (3) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the plan for the Heritage Area 

19 required under subsection (d)(1)(A). 

20 (4) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Santa Cruz Valley National Heritage Area, 

22 Pima and Santa Cruz Counties, Arizona’’, numbered 

23 T09/80,000, and dated November 13, 2007. 

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

25 of Arizona. 


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1 (c) ESTABLISHMENT.— 

2 (1) IN GENERAL.—There is established the 

3 Santa Cruz Valley National Heritage Area in the 

4 State. 

5 (2) BOUNDARIES.—The Heritage Area shall 

6 consist of portions of Santa Cruz and Pima Coun7 ties, Arizona, as depicted on the map. 

8 (3) AVAILABILITY OF MAP.—The map shall be 

9 on file and available for public inspection in the ap10 propriate offices of— 

11 (A) the National Park Service; and 

12 (B) the local coordinating entity. 

13 (4) LOCAL COORDINATING ENTITY.—The Santa 

14 Cruz Valley Heritage Alliance, Inc., shall be the 

15 local coordinating entity for the Heritage Area. 

16 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI17 NATING ENTITY.— 

18 (1) DUTIES.—To further the purposes of the 

19 Heritage Area, the local coordinating entity shall— 

20 (A) prepare a management plan for the 

21 Heritage Area, and submit the management 

22 plan to the Secretary, in accordance with this 

23 section; 

24 (B) submit an annual report to the Sec25 retary for each fiscal year for which the local 


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1 coordinating entity receives Federal funds 

2 under this section, specifying— 

3 (i) the specific performance goals and 

4 accomplishments of the local coordinating 

5 entity; 

6 (ii) the expenses and income of the 

7 local coordinating entity; 

8 (iii) the amounts and sources of 

9 matching funds; 

10 (iv) the amounts leveraged with Fed11 eral funds and sources of the leveraged 

12 funds; and 

13 (v) grants made to any other entities 

14 during the fiscal year; 

15 (C) make available for audit for each fiscal 

16 year for which the local coordinating entity re17 ceives Federal funds under this section, all in18 formation pertaining to the expenditure of the 

19 funds and any matching funds; and 

20 (D) encourage, by appropriate means, eco21 nomic viability and sustainability that is con22 sistent with the purposes of the Heritage Area. 

23 (2) AUTHORITIES.—For the purposes of pre24 paring and implementing the approved management 

25 plan for the Heritage Area, the local coordinating 


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1 entity may use Federal funds made available under 

2 this section to— 

3 (A) make grants to the State, political sub4 divisions of the State, nonprofit organizations, 

5 and other persons; 

6 (B) enter into cooperative agreements with 

7 or provide technical assistance to political sub8 divisions of the State, nonprofit organizations, 

9 Federal agencies, and other interested parties; 

10 (C) hire and compensate staff, including 

11 individuals with expertise in— 

12 (i) natural, historical, cultural, edu13 cational, scenic, and recreational resource 

14 conservation; 

15 (ii) economic and community develop16 ment; and 

17 (iii) heritage planning; 

18 (D) obtain funds or services from any 

19 source, including funds and services provided 

20 under any other Federal law or program; 

21 (E) contract for goods or services; and 

22 (F) support activities of partners and any 

23 other activities that further the purposes of the 

24 Heritage Area and are consistent with the ap25 proved management plan. 


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1 (3) PROHIBITION ON ACQUISITION OF REAL

2 PROPERTY.—The local coordinating entity may not 

3 use Federal funds received under this section to ac4 quire any interest in real property. 

5 (4) OTHER SOURCES.—Nothing in this section 

6 precludes the local coordinating entity from using 

7 Federal funds from other sources for authorized 

8 purposes. 

9 (e) MANAGEMENT PLAN.— 

10 (1) IN GENERAL.—Not later than 3 years after 

11 the date on which funds are made available to de12 velop the management plan, the local coordinating 

13 entity shall submit to the Secretary for approval a 

14 proposed management plan for the Heritage Area. 

15 (2) REQUIREMENTS.—The management plan 

16 for the Heritage Area shall— 

17 (A) describe comprehensive policies, goals, 

18 strategies, and recommendations for telling the 

19 story of the heritage of the region and encour20 aging long-term resource protection, enhance21 ment, interpretation, funding, management, and 

22 development of the Heritage Area; 

23 (B) include a description of actions and 

24 commitments that Federal, State, tribal, and 

25 local governments, private organizations, and 


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1 citizens plan to take to protect, enhance, inter2 pret, fund, manage, and develop the natural, 

3 historic, cultural, scenic, and recreational re4 sources of the Heritage Area; 

5 (C) specify existing and potential sources 

6 of funding or economic development strategies 

7 to protect, enhance, interpret, fund, manage, 

8 and develop the Heritage Area; 

9 (D) include an inventory of the natural, 

10 historic, cultural, educational, scenic, and rec11 reational resources of the Heritage Area relat12 ing to the stories and themes of the region that 

13 should be protected, enhanced, interpreted, 

14 managed, funded, and developed; 

15 (E) recommend policies and strategies for 

16 resource management including, the develop17 ment of intergovernmental and interagency 

18 agreements to protect, enhance, interpret, fund, 

19 manage, and develop the natural, historic, cul20 tural, educational, scenic, and recreational re21 sources of the Heritage Area; 

22 (F) describe a program for implementation 

23 of the management plan, including— 

24 (i) performance goals; 


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1 (ii) plans for resource protection, en2 hancement, interpretation, funding, man3 agement, and development; and 

4 (iii) specific commitments for imple5 mentation that have been made by the 

6 local coordinating entity or any Federal, 

7 State, tribal, or local government, organi8 zation, business, or individual; 

9 (G) include an analysis of, and rec10 ommendations for, means by which Federal, 

11 State, tribal, and local programs may best be 

12 coordinated (including the role of the National 

13 Park Service and other Federal agencies associ14 ated with the Heritage Area) to further the 

15 purposes of this section; and 

16 (H) include a business plan that— 

17 (i) describes the role, operation, fi18 nancing, and functions of the local coordi19 nating entity and of each of the major ac20 tivities described in the management plan; 

21 and 

22 (ii) provides adequate assurances that 

23 the local coordinating entity has the part24 nerships and financial and other resources 


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1 necessary to implement the management 

2 plan for the Heritage Area. 

3 (3) TERMINATION OF FUNDING.—If the man4 agement plan is not submitted to the Secretary in 

5 accordance with this section, the local coordinating 

6 entity shall not qualify for additional financial as7 sistance under this section until the management 

8 plan is submitted to, and approved by, the Sec9 retary. 

10 (4) APPROVAL OF MANAGEMENT PLAN.— 

11 (A) REVIEW.—Not later than 180 days 

12 after the date on which the Secretary receives 

13 the management plan, the Secretary shall ap14 prove or disapprove the management plan. 

15 (B) CONSULTATION REQUIRED.—The Sec16 retary shall consult with the Governor of the 

17 State and any tribal government in which the 

18 Heritage Area is located before approving the 

19 management plan. 

20 (C) CRITERIA FOR APPROVAL.—In deter21 mining whether to approve the management 

22 plan, the Secretary shall consider whether— 

23 (i) the local coordinating entity rep24 resents the diverse interests of the Herit25 age Area, including governments, natural 


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1 and historic resource protection organiza2 tions, educational institutions, businesses, 

3 community residents, and recreational or4 ganizations; 

5 (ii) the local coordinating entity— 

6 (I) has afforded adequate oppor7 tunity for public and Federal, State, 

8 tribal, and local governmental involve9 ment (including through workshops 

10 and public meetings) in the prepara11 tion of the management plan; and 

12 (II) provides for at least semi13 annual public meetings to ensure ade14 quate implementation of the manage15 ment plan; 

16 (iii) the resource protection, enhance17 ment, interpretation, funding, manage18 ment, and development strategies described 

19 in the management plan, if implemented, 

20 would adequately protect, enhance, inter21 pret, fund, manage, and develop the nat22 ural, historic, cultural, scenic, and rec23 reational resources of the Heritage Area; 

24 (iv) the management plan would not 

25 adversely affect any activities authorized 


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1 on Federal or tribal land under applicable 

2 public land laws or land use plans; 

3 (v) the Secretary has received ade4 quate assurances from the appropriate 

5 State, tribal, and local officials whose sup6 port is needed to ensure the effective im7 plementation of the State, tribal, and local 

8 aspects of the management plan; 

9 (vi) the local coordinating entity has 

10 demonstrated the financial capability, in 

11 partnership with others, to carry out the 

12 management plan; and 

13 (vii) the management plan dem14 onstrates partnerships among the local co15 ordinating entity, Federal, State, tribal, 

16 and local governments, regional planning 

17 organizations, nonprofit organizations, or 

18 private sector parties for implementation of 

19 the management plan. 

20 (D) ACTION FOLLOWING DISAPPROVAL.— 

21 (i) IN GENERAL.—If the Secretary 

22 disapproves the management plan, the Sec23 retary— 


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1 (I) shall advise the local coordi2 nating entity in writing of the reasons 

3 for the disapproval; and 

4 (II) may make recommendations 

5 to the local coordinating entity for re6 visions to the management plan. 

7 (ii) DEADLINE.—Not later than 180 

8 days after receiving a revised management 

9 plan, the Secretary shall approve or dis10 approve the revised management plan. 

11 (E) AMENDMENTS.— 

12 (i) IN GENERAL.—An amendment to 

13 the management plan that substantially al14 ters the purposes of the Heritage Area 

15 shall be reviewed by the Secretary and ap16 proved or disapproved in the same manner 

17 as the original management plan. 

18 (ii) IMPLEMENTATION.—The local co19 ordinating entity shall not use Federal 

20 funds authorized to be appropriated by this 

21 section to implement an amendment to the 

22 management plan until the Secretary ap23 proves the amendment. 

24 (f) DUTIES AND AUTHORITIES OF THE SEC25 RETARY.— 


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1 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

2 (A) IN GENERAL.—On the request of the 

3 local coordinating entity, the Secretary may 

4 provide technical and financial assistance, on a 

5 reimbursable or nonreimbursable basis (as de6 termined by the Secretary), to the local coordi7 nating entity to develop and implement the 

8 management plan. 

9 (B) COOPERATIVE AGREEMENTS.—The 

10 Secretary may enter into cooperative agree11 ments with the local coordinating entity and 

12 other public or private entities to provide tech13 nical or financial assistance under subpara14 graph (A). 

15 (2) EVALUATION; REPORT.— 

16 (A) IN GENERAL.—Not later than 3 years 

17 before the date on which authority for Federal 

18 funding terminates for the Heritage Area under 

19 subsection (j), the Secretary shall— 

20 (i) conduct an evaluation of the ac21 complishments of the Heritage Area; and 

22 (ii) prepare a report with rec23 ommendations for the future role of the 

24 National Park Service, if any, with respect 


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1 to the Heritage Area, in accordance with 

2 subparagraph (C). 

3 (B) EVALUATION.—An evaluation con4 ducted under subparagraph (A)(i) shall— 

5 (i) assess the progress of the local co6 ordinating entity with respect to— 

7 (I) accomplishing the purposes of 

8 this section for the Heritage Area; 

9 and 

10 (II) achieving the goals and ob11 jectives of the approved management 

12 plan for the Heritage Area; 

13 (ii) analyze the Federal, State, local, 

14 and private investments in the Heritage 

15 Area to determine the leverage and impact 

16 of the investments; and 

17 (iii) review the management structure, 

18 partnership relationships, and funding of 

19 the Heritage Area for purposes of identi20 fying the critical components for sustain21 ability of the Heritage Area. 

22 (C) REPORT.— 

23 (i) IN GENERAL.—Based on the eval24 uation conducted under subparagraph 

25 (A)(i), the Secretary shall prepare a report 


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1 that includes recommendations for the fu2 ture role of the National Park Service, if 

3 any, with respect to the Heritage Area. 

4 (ii) REQUIRED ANALYSIS.—If the re5 port prepared under this subparagraph 

6 recommends that Federal funding for the 

7 Heritage Area be reauthorized, the report 

8 shall include an analysis of— 

9 (I) ways in which Federal fund10 ing for the Heritage Area may be re11 duced or eliminated; and 

12 (II) the appropriate time period 

13 necessary to achieve the recommended 

14 reduction or elimination. 

15 (iii) SUBMISSION TO CONGRESS.—On 

16 completion of a report under this subpara17 graph, the Secretary shall submit the re18 port to— 

19 (I) the Committee on Energy and 

20 Natural Resources of the Senate; and 

21 (II) the Committee on Natural 

22 Resources of the House of Represent23 atives. 

24 (g) RELATIONSHIP TO OTHER FEDERAL AGEN25 CIES.— 


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1 (1) IN GENERAL.—Nothing in this section af2 fects the authority of a Federal agency to provide 

3 technical or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—To 

5 the maximum extent practicable, the head of any 

6 Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encour8 aged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity. 

10 (3) OTHER FEDERAL AGENCIES.—Nothing in 

11 this section— 

12 (A) modifies, alters, or amends any laws 

13 (including regulations) authorizing a Federal 

14 agency to manage Federal land under the juris15 diction of the Federal agency; 

16 (B) limits the discretion of a Federal land 

17 manager to implement an approved land use 

18 plan within the boundaries of the Heritage 

19 Area; or 

20 (C) modifies, alters, or amends any author21 ized use of Federal land under the jurisdiction 

22 of a Federal agency. 

23 (h) PROPERTY OWNERS AND REGULATORY PROTEC24 TIONS.—Nothing in this section— 


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1 (1) abridges the rights of any owner of public 

2 or private property, including the right to refrain 

3 from participating in any plan, project, program, or 

4 activity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Fed7 eral, tribal, State, or local government access) 

8 to the property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regula13 tions, approved land use plan, or any other regu14 latory authority of any Federal, State, or local agen15 cy, or tribal government; 

16 (4) conveys any land use or other regulatory 

17 authority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the State to 

21 manage fish and wildlife, including the regulation of 

22 fishing and hunting within the Heritage Area; or 

23 (7) creates any liability, or affects any liability 

24 under any other law, of any private property owner 


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1 with respect to any person injured on the private 

2 property. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section $10,000,000, 

6 of which not more than $1,000,000 may be made 

7 available for any fiscal year. 

8 (2) AVAILABILITY.—Amounts made available 

9 under paragraph (1) shall remain available until ex10 pended. 

11 (3) COST-SHARING REQUIREMENT.— 

12 (A) IN GENERAL.—The Federal share of 

13 the total cost of any activity under this section 

14 shall be not more than 50 percent. 

15 (B) FORM.—The non-Federal contribution 

16 may be in the form of in-kind contributions of 

17 goods or services fairly valued. 

18 (j) TERMINATION OF AUTHORITY.—The authority of 

19 the Secretary to provide financial assistance under this 

20 section terminates on the date that is 15 years after the 

21 date of enactment of this Act. 

22 Subtitle C—Studies 

23 SEC. 841. CHATTAHOOCHEE TRACE, ALABAMA AND GEOR24 GIA. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) CORRIDOR.—The term ‘‘Corridor’’ means 

2 the Chattahoochee Trace National Heritage Cor3 ridor. 

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

5 the Secretary of the Interior. 

6 (3) STUDY AREA.—The term ‘‘study area’’ 

7 means the study area described in subsection (b)(2). 

8 (b) STUDY.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with State historic preservation officers, State 

11 historical societies, State tourism offices, and other 

12 appropriate organizations or agencies, shall conduct 

13 a study to assess the suitability and feasibility of 

14 designating the study area as the Chattahoochee 

15 Trace National Heritage Corridor. 

16 (2) STUDY AREA.—The study area includes— 

17 (A) the portion of the Apalachicola-Chat18 tahoochee-Flint River Basin and surrounding 

19 areas, as generally depicted on the map entitled 

20 ‘‘Chattahoochee Trace National Heritage Cor21 ridor, Alabama/Georgia’’, numbered T05/80000, 

22 and dated July 2007; and 

23 (B) any other areas in the State of Ala24 bama or Georgia that— 


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1 (i) have heritage aspects that are 

2 similar to the areas depicted on the map 

3 described in subparagraph (A); and 

4 (ii) are adjacent to, or in the vicinity 

5 of, those areas. 

6 (3) REQUIREMENTS.—The study shall include 

7 analysis, documentation, and determinations on 

8 whether the study area— 

9 (A) has an assemblage of natural, historic, 

10 and cultural resources that— 

11 (i) represent distinctive aspects of the 

12 heritage of the United States; 

13 (ii) are worthy of recognition, con14 servation, interpretation, and continuing 

15 use; and 

16 (iii) would be best managed— 

17 (I) through partnerships among 

18 public and private entities; and 

19 (II) by linking diverse and some20 times noncontiguous resources and ac21 tive communities; 

22 (B) reflects traditions, customs, beliefs, 

23 and folklife that are a valuable part of the story 

24 of the United States; 

25 (C) provides— 


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1 (i) outstanding opportunities to con2 serve natural, historic, cultural, or scenic 

3 features; and 

4 (ii) outstanding recreational and edu5 cational opportunities; 

6 (D) contains resources that— 

7 (i) are important to any identified 

8 themes of the study area; and 

9 (ii) retain a degree of integrity capa10 ble of supporting interpretation; 

11 (E) includes residents, business interests, 

12 nonprofit organizations, and State and local 

13 governments that— 

14 (i) are involved in the planning of the 

15 Corridor; 

16 (ii) have developed a conceptual finan17 cial plan that outlines the roles of all par18 ticipants in the Corridor, including the 

19 Federal Government; and 

20 (iii) have demonstrated support for 

21 the designation of the Corridor; 

22 (F) has a potential management entity to 

23 work in partnership with the individuals and 

24 entities described in subparagraph (E) to deVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 velop the Corridor while encouraging State and 

2 local economic activity; and 

3 (G) has a conceptual boundary map that is 

4 supported by the public. 

5 (c) REPORT.—Not later than the 3rd fiscal year after 

6 the date on which funds are first made available to carry 

7 out this section, the Secretary shall submit to the Com8 mittee on Natural Resources of the House of Representa9 tives and the Committee on Energy and Natural Re10 sources of the Senate a report that describes— 

11 (1) the findings of the study; and 

12 (2) any conclusions and recommendations of the 

13 Secretary. 

14 SEC. 842. NORTHERN NECK, VIRGINIA. 

15 (a) DEFINITIONS.—In this section: 

16 (1) PROPOSED HERITAGE AREA.—The term 

17 ‘‘proposed Heritage Area’’ means the proposed 

18 Northern Neck National Heritage Area. 

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

20 of Virginia. 

21 (3) STUDY AREA.—The term ‘‘study area’’ 

22 means the area that is comprised of— 

23 (A) the area of land located between the 

24 Potomac and Rappahannock rivers of the east25 ern coastal region of the State; 


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1 (B) Westmoreland, Northumberland, Rich2 mond, King George, and Lancaster Counties of 

3 the State; and 

4 (C) any other area that— 

5 (i) has heritage aspects that are simi6 lar to the heritage aspects of the areas de7 scribed in subparagraph (A) or (B); and 

8 (ii) is located adjacent to, or in the vi9 cinity of, those areas. 

10 (b) STUDY.— 

11 (1) IN GENERAL.—In accordance with para12 graphs (2) and (3), the Secretary, in consultation 

13 with appropriate State historic preservation officers, 

14 State historical societies, and other appropriate or15 ganizations, shall conduct a study to determine the 

16 suitability and feasibility of designating the study 

17 area as the Northern Neck National Heritage Area. 

18 (2) REQUIREMENTS.—The study shall include 

19 analysis, documentation, and determinations on 

20 whether the study area— 

21 (A) has an assemblage of natural, histor22 ical, cultural, educational, scenic, or rec23 reational resources that together are nationally 

24 important to the heritage of the United States; 


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1 (B) represents distinctive aspects of the 

2 heritage of the United States worthy of recogni3 tion, conservation, interpretation, and con4 tinuing use; 

5 (C) is best managed as such an assemblage 

6 through partnerships among public and private 

7 entities at the local or regional level; 

8 (D) reflects traditions, customs, beliefs, 

9 and folklife that are a valuable part of the her10 itage of the United States; 

11 (E) provides outstanding opportunities to 

12 conserve natural, historical, cultural, or scenic 

13 features; 

14 (F) provides outstanding recreational or 

15 educational opportunities; 

16 (G) contains resources and has traditional 

17 uses that have national importance; 

18 (H) includes residents, business interests, 

19 nonprofit organizations, and appropriate Fed20 eral agencies and State and local governments 

21 that are involved in the planning of, and have 

22 demonstrated significant support for, the des23 ignation and management of the proposed Her24 itage Area; 


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1 (I) has a proposed local coordinating entity 

2 that is responsible for preparing and imple3 menting the management plan developed for the 

4 proposed Heritage Area; 

5 (J) with respect to the designation of the 

6 study area, has the support of the proposed 

7 local coordinating entity and appropriate Fed8 eral agencies and State and local governments, 

9 each of which has documented the commitment 

10 of the entity to work in partnership with each 

11 other entity to protect, enhance, interpret, fund, 

12 manage, and develop the resources located in 

13 the study area; 

14 (K) through the proposed local coordi15 nating entity, has developed a conceptual finan16 cial plan that outlines the roles of all partici17 pants (including the Federal Government) in 

18 the management of the proposed Heritage Area; 

19 (L) has a proposal that is consistent with 

20 continued economic activity within the area; 

21 and 

22 (M) has a conceptual boundary map that is 

23 supported by the public and appropriate Fed24 eral agencies. 


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1 (3) ADDITIONAL CONSULTATION REQUIRE2 MENT.—In conducting the study under paragraph 

3 (1), the Secretary shall— 

4 (A) consult with the managers of any Fed5 eral land located within the study area; and 

6 (B) before making any determination with 

7 respect to the designation of the study area, se8 cure the concurrence of each manager with re9 spect to each finding of the study. 

10 (c) DETERMINATION.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Governor of the State, shall review, 

13 comment on, and determine if the study area meets 

14 each requirement described in subsection (b)(2) for 

15 designation as a national heritage area. 

16 (2) REPORT.— 

17 (A) IN GENERAL.—Not later than 3 fiscal 

18 years after the date on which funds are first 

19 made available to carry out the study, the Sec20 retary shall submit a report describing the find21 ings, conclusions, and recommendations of the 

22 study to— 

23 (i) the Committee on Energy and 

24 Natural Resources of the Senate; and 


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

3 (B) REQUIREMENTS.— 

4 (i) IN GENERAL.—The report shall 

5 contain— 

6 (I) any comments that the Sec7 retary has received from the Governor 

8 of the State relating to the designa9 tion of the study area as a national 

10 heritage area; and 

11 (II) a finding as to whether the 

12 study area meets each requirement 

13 described in subsection (b)(2) for des14 ignation as a national heritage area. 

15 (ii) DISAPPROVAL.—If the Secretary 

16 determines that the study area does not 

17 meet any requirement described in sub18 section (b)(2) for designation as a national 

19 heritage area, the Secretary shall include 

20 in the report a description of each reason 

21 for the determination. 


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1 Subtitle D—Amendments Relating 

2 to National Heritage Corridors 

3 SEC. 851. QUINEBAUG AND SHETUCKET RIVERS VALLEY 

4 NATIONAL HERITAGE CORRIDOR. 

5 (a) TERMINATION OF AUTHORITY.—Section 106(b) 

6 of the Quinebaug and Shetucket Rivers Valley National 

7 Heritage Corridor Act of 1994 (16 U.S.C. 461 note; Pub8 lic Law 103–449) is amended by striking ‘‘September 30, 

9 2009’’ and inserting ‘‘September 30, 2015’’. 

10 (b) EVALUATION; REPORT.—Section 106 of the 

11 Quinebaug and Shetucket Rivers Valley National Heritage 

12 Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 

13 103–449) is amended by adding at the end the following: 

14 ‘‘(c) EVALUATION; REPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than 3 years be16 fore the date on which authority for Federal funding 

17 terminates for the Corridor, the Secretary shall— 

18 ‘‘(A) conduct an evaluation of the accom19 plishments of the Corridor; and 

20 ‘‘(B) prepare a report in accordance with 

21 paragraph (3). 

22 ‘‘(2) EVALUATION.—An evaluation conducted 

23 under paragraph (1)(A) shall— 

24 ‘‘(A) assess the progress of the manage25 ment entity with respect to— 


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1 ‘‘(i) accomplishing the purposes of 

2 this title for the Corridor; and 

3 ‘‘(ii) achieving the goals and objectives 

4 of the management plan for the Corridor; 

5 ‘‘(B) analyze the Federal, State, local, and 

6 private investments in the Corridor to deter7 mine the leverage and impact of the invest8 ments; and 

9 ‘‘(C) review the management structure, 

10 partnership relationships, and funding of the 

11 Corridor for purposes of identifying the critical 

12 components for sustainability of the Corridor. 

13 ‘‘(3) REPORT.— 

14 ‘‘(A) IN GENERAL.—Based on the evalua15 tion conducted under paragraph (1)(A), the 

16 Secretary shall prepare a report that includes 

17 recommendations for the future role of the Na18 tional Park Service, if any, with respect to the 

19 Corridor. 

20 ‘‘(B) REQUIRED ANALYSIS.—If the report 

21 prepared under subparagraph (A) recommends 

22 that Federal funding for the Corridor be reau23 thorized, the report shall include an analysis 

24 of— 


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1 ‘‘(i) ways in which Federal funding 

2 for the Corridor may be reduced or elimi3 nated; and 

4 ‘‘(ii) the appropriate time period nec5 essary to achieve the recommended reduc6 tion or elimination. 

7 ‘‘(C) SUBMISSION TO CONGRESS.—On 

8 completion of the report, the Secretary shall 

9 submit the report to— 

10 ‘‘(i) the Committee on Energy and 

11 Natural Resources of the Senate; and 

12 ‘‘(ii) the Committee on Natural Re13 sources of the House of Representatives.’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 109(a) of the Quinebaug and Shetucket Rivers Valley Na16 tional Heritage Corridor Act of 1994 (16 U.S.C. 461 note; 

17 Public Law 103–449) is amended by striking 

18 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

19 SEC. 852. DELAWARE AND LEHIGH NATIONAL HERITAGE 

20 CORRIDOR. 

21 The Delaware and Lehigh National Heritage Cor22 ridor Act of 1988 (16 U.S.C. 461 note; Public Law 100– 

23 692) is amended— 

24 (1) in section 9— 


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1 (A) by striking ‘‘The Commission’’ and in2 serting the following: 

3 ‘‘(a) IN GENERAL.—The Commission’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(b) CORPORATION AS LOCAL COORDINATING ENTI6 TY.—Beginning on the date of enactment of the Omnibus 

7 Public Land Management Act of 2008, the Corporation 

8 shall be the local coordinating entity for the Corridor. 

9 ‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.— 

10 The Corporation shall assume the duties of the Commis11 sion for the implementation of the Plan. 

12 ‘‘(d) USE OF FUNDS.—The Corporation may use 

13 Federal funds made available under this Act— 

14 ‘‘(1) to make grants to, and enter into coopera15 tive agreements with, the Federal Government, the 

16 Commonwealth, political subdivisions of the Com17 monwealth, nonprofit organizations, and individuals; 

18 ‘‘(2) to hire, train, and compensate staff; and 

19 ‘‘(3) to enter into contracts for goods and serv20 ices. 

21 ‘‘(e) RESTRICTION ON USE OF FUNDS.—The Cor22 poration may not use Federal funds made available under 

23 this Act to acquire land or an interest in land.’’; 

24 (2) in section 10— 


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1 (A) in the first sentence of subsection (c), 

2 by striking ‘‘shall assist the Commission’’ and 

3 inserting ‘‘shall, on the request of the Corpora4 tion, assist’’; 

5 (B) in subsection (d)— 

6 (i) by striking ‘‘Commission’’ each 

7 place it appears and inserting ‘‘Corpora8 tion’’; 

9 (ii) by striking ‘‘The Secretary’’ and 

10 inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec15 retary may enter into cooperative agreements with 

16 the Corporation and other public or private entities 

17 for the purpose of providing technical assistance and 

18 grants under paragraph (1). 

19 ‘‘(3) PRIORITY.—In providing assistance to the 

20 Corporation under paragraph (1), the Secretary 

21 shall give priority to activities that assist in— 

22 ‘‘(A) conserving the significant natural, 

23 historic, cultural, and scenic resources of the 

24 Corridor; and 


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1 ‘‘(B) providing educational, interpretive, 

2 and recreational opportunities consistent with 

3 the purposes of the Corridor.’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(e) TRANSITION MEMORANDUM OF UNDER6 STANDING.—The Secretary shall enter into a memo7 randum of understanding with the Corporation to en8 sure— 

9 ‘‘(1) appropriate transition of management of 

10 the Corridor from the Commission to the Corpora11 tion; and 

12 ‘‘(2) coordination regarding the implementation 

13 of the Plan.’’; 

14 (3) in section 11, in the matter preceding para15 graph (1), by striking ‘‘directly affecting’’; 

16 (4) in section 12— 

17 (A) in subsection (a), by striking ‘‘Com18 mission’’ each place it appears and inserting 

19 ‘‘Corporation’’; 

20 (B) in subsection (c)(1), by striking 

21 ‘‘2007’’ and inserting ‘‘2012’’; and 

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

23 ‘‘(d) TERMINATION OF ASSISTANCE.—The authority 

24 of the Secretary to provide financial assistance under this 


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1 Act terminates on the date that is 5 years after the date 

2 of enactment of this subsection.’’; and 

3 (5) in section 14— 

4 (A) by redesignating paragraphs (4), (5), 

5 and (6) as paragraphs (5), (6), and (7), respec6 tively; and 

7 (B) by inserting after paragraph (3) the 

8 following: 

9 ‘‘(4) the term ‘Corporation’ means the Dela10 ware & Lehigh National Heritage Corridor, Incor11 porated, an organization described in section 

12 501(c)(3), and exempt from Federal tax under sec13 tion 501(a), of the Internal Revenue Code of 1986;’’. 

14 SEC. 853. ERIE CANALWAY NATIONAL HERITAGE COR15 RIDOR. 

16 The Erie Canalway National Heritage Corridor Act 

17 (16 U.S.C. 461 note; Public Law 106–554) is amended— 

18 (1) in section 804— 

19 (A) in subsection (b)— 

20 (i) in the matter preceding paragraph 

21 (1), by striking ‘‘27’’ and inserting ‘‘at 

22 least 21 members, but not more than 27’’; 

23 (ii) in paragraph (2), by striking ‘‘En24 vironment’’ and inserting ‘‘Environ25 mental’’; and 


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1 (iii) in paragraph (3)— 

2 (I) in the matter preceding sub3 paragraph (A), by striking ‘‘19’’; 

4 (II) by striking subparagraph 

5 (A); 

6 (III) by redesignating subpara7 graphs (B) and (C) as subparagraphs 

8 (A) and (B), respectively; 

9 (IV) in subparagraph (B) (as re10 designated by subclause (III)), by 

11 striking the second sentence; and 

12 (V) by inserting after subpara13 graph (B) (as redesignated by sub14 clause (III)) the following: 

15 ‘‘(C) The remaining members shall be— 

16 ‘‘(i) appointed by the Secretary, based 

17 on recommendations from each member of 

18 the House of Representatives, the district 

19 of which encompasses the Corridor; and 

20 ‘‘(ii) persons that are residents of, or 

21 employed within, the applicable congres22 sional districts.’’; 

23 (B) in subsection (f), by striking ‘‘Four24 teen members of the Commission’’ and inserting 

25 ‘‘A majority of the serving Commissioners’’; 


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1 (C) in subsection (g), by striking ‘‘14 of its 

2 members’’ and inserting ‘‘a majority of the 

3 serving Commissioners’’; 

4 (D) in subsection (h), by striking para5 graph (4) and inserting the following: 

6 ‘‘(4)(A) to appoint any staff that may be nec7 essary to carry out the duties of the Commission, 

8 subject to the provisions of title 5, United States 

9 Code, relating to appointments in the competitive 

10 service; and 

11 ‘‘(B) to fix the compensation of the staff, in ac12 cordance with the provisions of chapter 51 and sub13 chapter III of chapter 53 of title 5, United States 

14 Code, relating to the classification of positions and 

15 General Schedule pay rates;’’; and 

16 (E) in subsection (j), by striking ‘‘10 

17 years’’ and inserting ‘‘15 years’’; 

18 (2) in section 807— 

19 (A) in subsection (e), by striking ‘‘with re20 gard to the preparation and approval of the 

21 Canalway Plan’’; and 

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

23 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the 

24 availability of appropriations, the Superintendent of Sara25 toga National Historical Park may, on request, provide 


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1 to public and private organizations in the Corridor (includ2 ing the Commission) any operational assistance that is ap3 propriate to assist with the implementation of the 

4 Canalway Plan.’’; and 

5 (3) in section 810(a)(1), in the first sentence, 

6 by striking ‘‘any fiscal year’’ and inserting ‘‘any fis7 cal year, to remain available until expended’’. 

8 SEC. 854. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY 

9 NATIONAL HERITAGE CORRIDOR. 

10 Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 

11 461 note; 100 Stat. 3626, 120 Stat. 1857) is amended— 

12 (1) by striking ‘‘shall be the the’’ and inserting 

13 ‘‘shall be the’’; and 

14 (2) by striking ‘‘Directors from Massachusetts 

15 and Rhode Island;’’ and inserting ‘‘Directors from 

16 Massachusetts and Rhode Island, ex officio, or their 

17 delegates;’’. 

18 TITLE IX—BUREAU OF REC19 LAMATION AUTHORIZATIONS 

20 Subtitle A—Feasibility Studies 

21 SEC. 901. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, 

22 IDAHO. 

23 (a) IN GENERAL.—The Secretary of the Interior, act24 ing through the Bureau of Reclamation, may conduct fea25 sibility studies on projects that address water shortages 


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1 within the Snake, Boise, and Payette River systems in the 

2 State of Idaho, and are considered appropriate for further 

3 study by the Bureau of Reclamation Boise Payette water 

4 storage assessment report issued during 2006. 

5 (b) BUREAU OF RECLAMATION.—A study conducted 

6 under this section shall comply with Bureau of Reclama7 tion policy standards and guidelines for studies. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary of the Inte10 rior to carry out this section $3,000,000. 

11 (d) TERMINATION OF EFFECTIVENESS.—The au12 thority provided by this section terminates on the date 

13 that is 10 years after the date of enactment of this Act. 

14 SEC. 902. SIERRA VISTA SUBWATERSHED, ARIZONA. 

15 (a) DEFINITIONS.—In this section: 

16 (1) APPRAISAL REPORT.—The term ‘‘appraisal 

17 report’’ means the appraisal report concerning the 

18 augmentation alternatives for the Sierra Vista Sub19 watershed in the State of Arizona, dated June 2007 

20 and prepared by the Bureau of Reclamation. 

21 (2) PRINCIPLES AND GUIDELINES.—The term 

22 ‘‘principles and guidelines’’ means the report entitled 

23 ‘‘Economic and Environmental Principles and 

24 Guidelines for Water and Related Land Resources 

25 Implementation Studies’’ issued on March 10, 1983, 


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1 by the Water Resources Council established under 

2 title I of the Water Resources Planning Act (42 

3 U.S.C. 1962a et seq.). 

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

5 the Secretary of the Interior. 

6 (b) SIERRA VISTA SUBWATERSHED FEASIBILITY

7 STUDY.— 

8 (1) STUDY.— 

9 (A) IN GENERAL.—In accordance with the 

10 reclamation laws and the principles and guide11 lines, the Secretary, acting through the Com12 missioner of Reclamation, may complete a feasi13 bility study of alternatives to augment the 

14 water supplies within the Sierra Vista Sub15 watershed in the State of Arizona that are iden16 tified as appropriate for further study in the 

17 appraisal report. 

18 (B) INCLUSIONS.—In evaluating the feasi19 bility of alternatives under subparagraph (A), 

20 the Secretary shall— 

21 (i) include— 

22 (I) any required environmental 

23 reviews; 

24 (II) the construction costs and 

25 projected operations, maintenance, 


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1 and replacement costs for each alter2 native; and 

3 (III) the economic feasibility of 

4 each alternative; 

5 (ii) take into consideration the ability 

6 of Federal, tribal, State, and local govern7 ment sources and private sources to fund 

8 capital construction costs and annual oper9 ation, maintenance, energy, and replace10 ment costs; 

11 (iii) establish the basis for— 

12 (I) any cost-sharing allocations; 

13 and 

14 (II) anticipated repayment, if 

15 any, of Federal contributions; and 

16 (iv) perform a cost-benefit analysis. 

17 (2) COST SHARING REQUIREMENT.— 

18 (A) IN GENERAL.—The Federal share of 

19 the total costs of the study under paragraph (1) 

20 shall not exceed 45 percent. 

21 (B) FORM OF NON-FEDERAL SHARE.—The 

22 non-Federal share required under subparagraph 

23 (A) may be in the form of any in-kind service 

24 that the Secretary determines would contribute 


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1 substantially toward the conduct and comple2 tion of the study under paragraph (1). 

3 (3) STATEMENT OF CONGRESSIONAL INTENT

4 RELATING TO COMPLETION OF STUDY.—It is the in5 tent of Congress that the Secretary complete the 

6 study under paragraph (1) by a date that is not 

7 later than 30 months after the date of enactment of 

8 this Act. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the Sec11 retary to carry out this subsection $1,260,000. 

12 (c) WATER RIGHTS.—Nothing in this section af13 fects— 

14 (1) any valid or vested water right in existence 

15 on the date of enactment of this Act; or 

16 (2) any application for water rights pending be17 fore the date of enactment of this Act. 

18 Subtitle B—Project Authorizations 

19 SEC. 911. TUMALO IRRIGATION DISTRICT WATER CON20 SERVATION PROJECT, OREGON. 

21 (a) DEFINITIONS.—In this section: 

22 (1) DISTRICT.—The term ‘‘District’’ means the 

23 Tumalo Irrigation District, Oregon. 


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1 (2) PROJECT.—The term ‘‘Project’’ means the 

2 Tumalo Irrigation District Water Conservation 

3 Project authorized under subsection (b)(1). 

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

5 the Secretary of the Interior. 

6 (b) AUTHORIZATION TO PLAN, DESIGN AND CON7 STRUCT THE TUMALO WATER CONSERVATION

8 PROJECT.— 

9 (1) AUTHORIZATION.—The Secretary, in co10 operation with the District— 

11 (A) may participate in the planning, de12 sign, and construction of the Tumalo Irrigation 

13 District Water Conservation Project in 

14 Deschutes County, Oregon; and 

15 (B) for purposes of planning and designing 

16 the Project, shall take into account any appro17 priate studies and reports prepared by the Dis18 trict. 

19 (2) COST-SHARING REQUIREMENT.— 

20 (A) FEDERAL SHARE.—The Federal share 

21 of the total cost of the Project shall be 25 per22 cent, which shall be nonreimbursable to the 

23 United States. 

24 (B) CREDIT TOWARD NON-FEDERAL

25 SHARE.—The Secretary shall credit toward the 


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1 non-Federal share of the Project any amounts 

2 that the District provides toward the design, 

3 planning, and construction before the date of 

4 enactment of this Act. 

5 (3) TITLE.—The District shall hold title to any 

6 facilities constructed under this section. 

7 (4) OPERATION AND MAINTENANCE COSTS.— 

8 The District shall pay the operation and mainte9 nance costs of the Project. 

10 (5) EFFECT.—Any assistance provided under 

11 this section shall not be considered to be a supple12 mental or additional benefit under Federal reclama13 tion law (the Act of June 17, 1902 (32 Stat. 388, 

14 chapter 1093), and Acts supplemental to and 

15 amendatory of that Act (43 U.S.C. 371 et seq.). 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary for the 

18 Federal share of the cost of the Project $4,000,000. 

19 (d) TERMINATION OF AUTHORITY.—The authority of 

20 the Secretary to carry out this section shall expire on the 

21 date that is 10 years after the date of enactment of this 

22 Act. 

23 SEC. 912. MADERA WATER SUPPLY ENHANCEMENT 

24 PROJECT, CALIFORNIA. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) DISTRICT.—The term ‘‘District’’ means the 

2 Madera Irrigation District, Madera, California. 

3 (2) PROJECT.—The term ‘‘Project’’ means the 

4 Madera Water Supply Enhancement Project, a 

5 groundwater bank on the 13,646-acre Madera Ranch 

6 in Madera, California, owned, operated, maintained, 

7 and managed by the District that will plan, design, 

8 and construct recharge, recovery, and delivery sys9 tems able to store up to 250,000 acre-feet of water 

10 and recover up to 55,000 acre-feet of water per year, 

11 as substantially described in the California Environ12 mental Quality Act, Final Environmental Impact 

13 Report for the Madera Irrigation District Water 

14 Supply Enhancement Project, September 2005. 

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

16 the Secretary of the Interior. 

17 (4) TOTAL COST.—The term ‘‘total cost’’ means 

18 all reasonable costs, such as the planning, design, 

19 permitting, and construction of the Project and the 

20 acquisition costs of lands used or acquired by the 

21 District for the Project. 

22 (b) PROJECT FEASIBILITY.— 

23 (1) PROJECT FEASIBLE.—Pursuant to the Rec24 lamation Act of 1902 (32 Stat. 388) and Acts 

25 amendatory thereof and supplemental thereto, the 


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1 Project is feasible and no further studies or actions 

2 regarding feasibility are necessary. 

3 (2) APPLICABILITY OF OTHER LAWS.—The Sec4 retary shall implement the authority provided in this 

5 section in accordance with all applicable Federal 

6 laws, including the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.) and the En8 dangered Species Act of 1973 (7 U.S.C. 136; 16 

9 U.S.C. 460 et seq.). 

10 (c) COOPERATIVE AGREEMENT.—All final planning 

11 and design and the construction of the Project authorized 

12 by this section shall be undertaken in accordance with a 

13 cooperative agreement between the Secretary and the Dis14 trict for the Project. Such cooperative agreement shall set 

15 forth in a manner acceptable to the Secretary and the Dis16 trict the responsibilities of the District for participating, 

17 which shall include— 

18 (1) engineering and design; 

19 (2) construction; and 

20 (3) the administration of contracts pertaining 

21 to any of the foregoing. 

22 (d) AUTHORIZATION FOR THE MADERA WATER SUP23 PLY AND ENHANCEMENT PROJECT.— 

24 (1) AUTHORIZATION OF CONSTRUCTION.—The 

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1 tion laws (Act of June 17, 1902; 32 Stat. 388), and 

2 Acts amendatory thereof or supplementary thereto, 

3 is authorized to enter into a cooperative agreement 

4 through the Bureau of Reclamation with the District 

5 for the support of the final design and construction 

6 of the Project. 

7 (2) TOTAL COST.—The total cost of the Project 

8 for the purposes of determining the Federal cost 

9 share shall not exceed $90,000,000. 

10 (3) COST SHARE.—The Federal share of the 

11 capital costs of the Project shall not exceed 25 per12 cent of the total cost. Capital, planning, design, per13 mitting, construction, and land acquisition costs in14 curred by the District prior to the date of the enact15 ment of this Act shall be considered a portion of the 

16 non-Federal cost share. 

17 (4) CREDIT FOR NON-FEDERAL WORK.—The 

18 District shall receive credit toward the non-Federal 

19 share of the cost of the Project for— 

20 (A) in-kind services that the Secretary de21 termines would contribute substantially toward 

22 the completion of the project; 

23 (B) reasonable costs incurred by the Dis24 trict as a result of participation in the planning, 


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1 design, permitting, and construction of the 

2 Project; and 

3 (C) the acquisition costs of lands used or 

4 acquired by the District for the Project. 

5 (5) LIMITATION.—The Secretary shall not pro6 vide funds for the operation or maintenance of the 

7 Project authorized by this section. The operation, 

8 ownership, and maintenance of the Project shall be 

9 the sole responsibility of the District. 

10 (6) PLANS AND ANALYSES CONSISTENT WITH

11 FEDERAL LAW.—Before obligating funds for design 

12 or construction under this section, the Secretary 

13 shall work cooperatively with the District to use, to 

14 the extent possible, plans, designs, and engineering 

15 and environmental analyses that have already been 

16 prepared by the District for the Project. The Sec17 retary shall ensure that such information as is used 

18 is consistent with applicable Federal laws and regu19 lations. 

20 (7) TITLE; RESPONSIBILITY; LIABILITY.—Noth21 ing in this section or the assistance provided under 

22 this section shall be construed to transfer title, re23 sponsibility, or liability related to the Project to the 

24 United States. 


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1 (8) AUTHORIZATION OF APPROPRIATION.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this section $22,500,000 or 25 

4 percent of the total cost of the Project, whichever is 

5 less. 

6 (e) SUNSET.—The authority of the Secretary to carry 

7 out any provisions of this section shall terminate 10 years 

8 after the date of the enactment of this Act. 

9 SEC. 913. EASTERN NEW MEXICO RURAL WATER SYSTEM 

10 PROJECT, NEW MEXICO. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AUTHORITY.—The term ‘‘Authority’’ means 

13 the Eastern New Mexico Rural Water Authority, an 

14 entity formed under State law for the purposes of 

15 planning, financing, developing, and operating the 

16 System. 

17 (2) ENGINEERING REPORT.—The term ‘‘engi18 neering report’’ means the report entitled ‘‘Eastern 

19 New Mexico Rural Water System Preliminary Engi20 neering Report’’ and dated October 2006. 

21 (3) PLAN.—The term ‘‘plan’’ means the oper22 ation, maintenance, and replacement plan required 

23 by subsection (c)(2). 

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

25 the Secretary of the Interior. 


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

2 of New Mexico. 

3 (6) SYSTEM.— 

4 (A) IN GENERAL.—The term ‘‘System’’ 

5 means the Eastern New Mexico Rural Water 

6 System, a water delivery project designed to de7 liver approximately 16,500 acre-feet of water 

8 per year from the Ute Reservoir to the cities of 

9 Clovis, Elida, Grady, Melrose, Portales, and 

10 Texico and other locations in Curry, Roosevelt, 

11 and Quay Counties in the State. 

12 (B) INCLUSIONS.—The term ‘‘System’’ in13 cludes the major components and associated in14 frastructure identified as the ‘‘Best Technical 

15 Alternative’’ in the engineering report. 

16 (7) UTE RESERVOIR.—The term ‘‘Ute Res17 ervoir’’ means the impoundment of water created in 

18 1962 by the construction of the Ute Dam on the Ca19 nadian River, located approximately 32 miles up20 stream of the border between New Mexico and 

21 Texas. 

22 (b) EASTERN NEW MEXICO RURAL WATER SYS23 TEM.— 

24 (1) FINANCIAL ASSISTANCE.— 


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1 (A) IN GENERAL.—The Secretary may 

2 provide financial and technical assistance to the 

3 Authority to assist in planning, designing, con4 ducting related preconstruction activities for, 

5 and constructing the System. 

6 (B) USE.— 

7 (i) IN GENERAL.—Any financial as8 sistance provided under subparagraph (A) 

9 shall be obligated and expended only in ac10 cordance with a cooperative agreement en11 tered into under subsection (d)(1)(B). 

12 (ii) LIMITATIONS.—Financial assist13 ance provided under clause (i) shall not be 

14 used— 

15 (I) for any activity that is incon16 sistent with constructing the System; 

17 or 

18 (II) to plan or construct facilities 

19 used to supply irrigation water for ir20 rigated agricultural purposes. 

21 (2) COST-SHARING REQUIREMENT.— 

22 (A) IN GENERAL.—The Federal share of 

23 the total cost of any activity or construction 

24 carried out using amounts made available under 


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1 this section shall be not more than 75 percent 

2 of the total cost of the System. 

3 (B) SYSTEM DEVELOPMENT COSTS.—For 

4 purposes of subparagraph (A), the total cost of 

5 the System shall include any costs incurred by 

6 the Authority or the State on or after October 

7 1, 2003, for the development of the System. 

8 (3) LIMITATION.—No amounts made available 

9 under this section may be used for the construction 

10 of the System until— 

11 (A) a plan is developed under subsection 

12 (c)(2); and 

13 (B) the Secretary and the Authority have 

14 complied with any requirements of the National 

15 Environmental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.) applicable to the System. 

17 (4) TITLE TO PROJECT WORKS.—Title to the 

18 infrastructure of the System shall be held by the Au19 thority or as may otherwise be specified under State 

20 law. 

21 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

22 COSTS.— 

23 (1) IN GENERAL.—The Authority shall be re24 sponsible for the annual operation, maintenance, and 

25 replacement costs associated with the System. 


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1 (2) OPERATION, MAINTENANCE, AND REPLACE2 MENT PLAN.—The Authority, in consultation with 

3 the Secretary, shall develop an operation, mainte4 nance, and replacement plan that establishes the 

5 rates and fees for beneficiaries of the System in the 

6 amount necessary to ensure that the System is prop7 erly maintained and capable of delivering approxi8 mately 16,500 acre-feet of water per year. 

9 (d) ADMINISTRATIVE PROVISIONS.— 

10 (1) COOPERATIVE AGREEMENTS.— 

11 (A) IN GENERAL.—The Secretary may 

12 enter into any contract, grant, cooperative 

13 agreement, or other agreement that is necessary 

14 to carry out this section. 

15 (B) COOPERATIVE AGREEMENT FOR PRO16 VISION OF FINANCIAL ASSISTANCE.— 

17 (i) IN GENERAL.—The Secretary shall 

18 enter into a cooperative agreement with 

19 the Authority to provide financial assist20 ance and any other assistance requested by 

21 the Authority for planning, design, related 

22 preconstruction activities, and construction 

23 of the System. 

24 (ii) REQUIREMENTS.—The cooperative 

25 agreement entered into under clause (i) 


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1 shall, at a minimum, specify the respon2 sibilities of the Secretary and the Author3 ity with respect to— 

4 (I) ensuring that the cost-share 

5 requirements established by sub6 section (b)(2) are met; 

7 (II) completing the planning and 

8 final design of the System; 

9 (III) any environmental and cul10 tural resource compliance activities re11 quired for the System; and 

12 (IV) the construction of the Sys13 tem. 

14 (2) TECHNICAL ASSISTANCE.—At the request of 

15 the Authority, the Secretary may provide to the Au16 thority any technical assistance that is necessary to 

17 assist the Authority in planning, designing, con18 structing, and operating the System. 

19 (3) BIOLOGICAL ASSESSMENT.—The Secretary 

20 shall consult with the New Mexico Interstate Stream 

21 Commission and the Authority in preparing any bio22 logical assessment under the Endangered Species 

23 Act of 1973 (16 U.S.C. 1531 et seq.) that may be 

24 required for planning and constructing the System. 

25 (4) EFFECT.—Nothing in this section— 


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1 (A) affects or preempts— 

2 (i) State water law; or 

3 (ii) an interstate compact relating to 

4 the allocation of water; or 

5 (B) confers on any non-Federal entity the 

6 ability to exercise any Federal rights to— 

7 (i) the water of a stream; or 

8 (ii) any groundwater resource. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—In accordance with the ad11 justment carried out under paragraph (2), there is 

12 authorized to be appropriated to the Secretary to 

13 carry out this section an amount not greater than 

14 $327,000,000. 

15 (2) ADJUSTMENT.—The amount made available 

16 under paragraph (1) shall be adjusted to reflect 

17 changes in construction costs occurring after Janu18 ary 1, 2007, as indicated by engineering cost indices 

19 applicable to the types of construction necessary to 

20 carry out this section. 

21 (3) NONREIMBURSABLE AMOUNTS.—Amounts 

22 made available to the Authority in accordance with 

23 the cost-sharing requirement under subsection (b)(2) 

24 shall be nonreimbursable and nonreturnable to the 

25 United States. 


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1 (4) AVAILABILITY OF FUNDS.—At the end of 

2 each fiscal year, any unexpended funds appropriated 

3 pursuant to this section shall be retained for use in 

4 future fiscal years consistent with this section. 

5 SEC. 914. RANCHO CAILFORNIA WATER DISTRICT PROJECT, 

6 CALIFORNIA. 

7 (a) IN GENERAL.—The Reclamation Wastewater and 

8 Groundwater Study and Facilities Act (Public Law 102– 

9 575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

10 adding after section 16ll the following: 

11 ‘‘SEC. 16ll. RANCHO CALIFORNIA WATER DISTRICT 

12 PROJECT, CALIFORNIA. 

13 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera14 tion with the Rancho California Water District, California, 

15 may participate in the design, planning, and construction 

16 of permanent facilities for water recycling, 

17 demineralization, and desalination, and distribution of 

18 non-potable water supplies in Southern Riverside County, 

19 California. 

20 ‘‘(b) COST SHARING.—The Federal share of the cost 

21 of the project described in subsection (a) shall not exceed 

22 25 percent of the total cost of the project or $20,000,000, 

23 whichever is less. 


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1 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

2 under this section shall not be used for operation or main3 tenance of the project described in subsection (a).’’. 

4 (b) CLERICAL AMENDMENT.—The table of items in 

5 section 2 of Public Law 102–575 is amended by inserting 

6 after the item relating to section 16ll the following: 

‘‘Sec. 16ll. Rancho California Water District Project, California.’’. 

7 Subtitle C—Title Transfers and 

8 Clarifications 

9 SEC. 921. TRANSFER OF MCGEE CREEK PIPELINE AND FA10 CILITIES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AGREEMENT.—The term ‘‘Agreement’’ 

13 means the agreement numbered 06–AG–60–2115 

14 and entitled ‘‘Agreement Between the United States 

15 of America and McGee Creek Authority for the Pur16 pose of Defining Responsibilities Related to and Im17 plementing the Title Transfer of Certain Facilities 

18 at the McGee Creek Project, Oklahoma’’. 

19 (2) AUTHORITY.—The term ‘‘Authority’’ means 

20 the McGee Creek Authority located in Oklahoma 

21 City, Oklahoma. 

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

23 the Secretary of the Interior. 

24 (b) CONVEYANCE OF MCGEE CREEK PROJECT PIPE25 LINE AND ASSOCIATED FACILITIES.— 


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1 (1) AUTHORITY TO CONVEY.— 

2 (A) IN GENERAL.—In accordance with all 

3 applicable laws and consistent with any terms 

4 and conditions provided in the Agreement, the 

5 Secretary may convey to the Authority all right, 

6 title, and interest of the United States in and 

7 to the pipeline and any associated facilities de8 scribed in the Agreement, including— 

9 (i) the pumping plant; 

10 (ii) the raw water pipeline from the 

11 McGee Creek pumping plant to the rate of 

12 flow control station at Lake Atoka; 

13 (iii) the surge tank; 

14 (iv) the regulating tank; 

15 (v) the McGee Creek operation and 

16 maintenance complex, maintenance shop, 

17 and pole barn; and 

18 (vi) any other appurtenances, ease19 ments, and fee title land associated with 

20 the facilities described in clauses (i) 

21 through (v), in accordance with the Agree22 ment. 

23 (B) EXCLUSION OF MINERAL ESTATE

24 FROM CONVEYANCE.— 


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1 (i) IN GENERAL.—The mineral estate 

2 shall be excluded from the conveyance of 

3 any land or facilities under subparagraph 

4 (A). 

5 (ii) MANAGEMENT.—Any mineral in6 terests retained by the United States 

7 under this section shall be managed— 

8 (I) consistent with Federal law; 

9 and 

10 (II) in a manner that would not 

11 interfere with the purposes for which 

12 the McGee Creek Project was author13 ized. 

14 (C) COMPLIANCE WITH AGREEMENT; AP15 PLICABLE LAW.— 

16 (i) AGREEMENT.—All parties to the 

17 conveyance under subparagraph (A) shall 

18 comply with the terms and conditions of 

19 the Agreement, to the extent consistent 

20 with this section. 

21 (ii) APPLICABLE LAW.—Before any 

22 conveyance under subparagraph (A), the 

23 Secretary shall complete any actions re24 quired under— 


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1 (I) the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.); 

4 (II) the Endangered Species Act 

5 of 1973 (16 U.S.C. 1531 et seq.); 

6 (III) the National Historic Pres7 ervation Act (16 U.S.C. 470 et seq.); 

8 and 

9 (IV) any other applicable laws. 

10 (2) OPERATION OF TRANSFERRED FACILI11 TIES.— 

12 (A) IN GENERAL.—On the conveyance of 

13 the land and facilities under paragraph (1)(A), 

14 the Authority shall comply with all applicable 

15 Federal, State, and local laws (including regula16 tions) in the operation of any transferred facili17 ties. 

18 (B) OPERATION AND MAINTENANCE

19 COSTS.— 

20 (i) IN GENERAL.—After the convey21 ance of the land and facilities under para22 graph (1)(A) and consistent with the 

23 Agreement, the Authority shall be respon24 sible for all duties and costs associated 

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1 nance, enhancement, and betterment of the 

2 transferred land and facilities. 

3 (ii) LIMITATION ON FUNDING.—The 

4 Authority shall not be eligible to receive 

5 any Federal funding to assist in the oper6 ation, replacement, maintenance, enhance7 ment, and betterment of the transferred 

8 land and facilities, except for funding that 

9 would be available to any comparable enti10 ty that is not subject to reclamation laws. 

11 (3) RELEASE FROM LIABILITY.— 

12 (A) IN GENERAL.—Effective beginning on 

13 the date of the conveyance of the land and fa14 cilities under paragraph (1)(A), the United 

15 States shall not be liable for damages of any 

16 kind arising out of any act, omission, or occur17 rence relating to any land or facilities conveyed, 

18 except for damages caused by acts of negligence 

19 committed by the United States (including any 

20 employee or agent of the United States) before 

21 the date of the conveyance. 

22 (B) NO ADDITIONAL LIABILITY.—Nothing 

23 in this paragraph adds to any liability that the 

24 United States may have under chapter 171 of 

25 title 28, United States Code. 


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1 (4) CONTRACTUAL OBLIGATIONS.— 

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

3 subparagraph (B), any rights and obligations 

4 under the contract numbered 0–07–50–X0822 

5 and dated October 11, 1979, between the Au6 thority and the United States for the construc7 tion, operation, and maintenance of the McGee 

8 Creek Project, shall remain in full force and ef9 fect. 

10 (B) AMENDMENTS.—With the consent of 

11 the Authority, the Secretary may amend the 

12 contract described in subparagraph (A) to re13 flect the conveyance of the land and facilities 

14 under paragraph (1)(A). 

15 (5) APPLICABILITY OF THE RECLAMATION

16 LAWS.—Notwithstanding the conveyance of the land 

17 and facilities under paragraph (1)(A), the reclama18 tion laws shall continue to apply to any project 

19 water provided to the Authority. 

20 SEC. 922. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, 

21 TITLE CLARIFICATION. 

22 (a) PURPOSE.—The purpose of this section is to di23 rect the Secretary of the Interior to issue a quitclaim deed 

24 conveying any right, title, and interest the United States 

25 may have in and to Tingley Beach, San Gabriel Park, or 


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1 the BioPark Parcels to the City, thereby removing a po2 tential cloud on the City’s title to these lands. 

3 (b) DEFINITIONS.—In this section: 

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

5 Albuquerque, New Mexico. 

6 (2) BIOPARK PARCELS.—The term ‘‘BioPark 

7 Parcels’’ means a certain area of land containing 

8 19.16 acres, more or less, situated within the Town 

9 of Albuquerque Grant, in Projected Section 13, 

10 Township 10 North, Range 2 East, N.M.P.M., City 

11 of Albuquerque, Bernalillo County, New Mexico, 

12 comprised of the following platted tracts and lot, 

13 and MRGCD tracts: 

14 (A) Tracts A and B, Albuquerque Biologi15 cal Park, as the same are shown and designated 

16 on the Plat of Tracts A & B, Albuquerque Bio17 logical Park, recorded in the Office of the 

18 County Clerk of Bernalillo County, New Mexico 

19 on February 11, 1994 in Book 94C, Page 44; 

20 containing 17.9051 acres, more or less. 

21 (B) Lot B-1, Roger Cox Addition, as the 

22 same is shown and designated on the Plat of 

23 Lots B-1 and B-2 Roger Cox Addition, re24 corded in the Office of the County Clerk of 

25 Bernalillo County, New Mexico on October 3, 


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1 1985 in Book C28, Page 99; containing 0.6289 

2 acres, more or less. 

3 (C) Tract 361 of MRGCD Map 38, bound4 ed on the north by Tract A, Albuquerque Bio5 logical Park, on the east by the westerly right6 of-way of Central Avenue, on the south by 

7 Tract 332B MRGCD Map 38, and on the west 

8 by Tract B, Albuquerque Biological Park; con9 taining 0.30 acres, more or less. 

10 (D) Tract 332B of MRGCD Map 38; 

11 bounded on the north by Tract 361, MRGCD 

12 Map 38, on the west by Tract 32A-1-A, 

13 MRGCD Map 38, and on the south and east by 

14 the westerly right-of-way of Central Avenue; 

15 containing 0.25 acres, more or less. 

16 (E) Tract 331A-1A of MRGCD Map 38, 

17 bounded on the west by Tract B, Albuquerque 

18 Biological Park, on the east by Tract 332B, 

19 MRGCD Map 38, and on the south by the 

20 westerly right-of-way of Central Avenue and 

21 Tract A, Albuquerque Biological Park; con22 taining 0.08 acres, more or less. 

23 (3) MIDDLE RIO GRANDE CONSERVANCY DIS24 TRICT.—The terms ‘‘Middle Rio Grande Conser25 vancy District’’ and ‘‘MRGCD’’ mean a political 


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1 subdivision of the State of New Mexico, created in 

2 1925 to provide and maintain flood protection and 

3 drainage, and maintenance of ditches, canals, and 

4 distribution systems for irrigation and water delivery 

5 and operations in the Middle Rio Grande Valley. 

6 (4) MIDDLE RIO GRANDE PROJECT.—The term 

7 ‘‘Middle Rio Grande Project’’ means the works asso8 ciated with water deliveries and operations in the 

9 Rio Grande basin as authorized by the Flood Con10 trol Act of 1948 (Public Law 80–858; 62 Stat. 

11 1175) and the Flood Control Act of 1950 (Public 

12 Law 81–516; 64 Stat. 170). 

13 (5) SAN GABRIEL PARK.—The term ‘‘San Ga14 briel Park’’ means the tract of land containing 

15 40.2236 acres, more or less, situated within Section 

16 12 and Section 13, T10N, R2E, N.M.P.M., City of 

17 Albuquerque, Bernalillo County, New Mexico, and 

18 described by New Mexico State Plane Grid Bearings 

19 (Central Zone) and ground distances in a Special 

20 Warranty Deed conveying the property from 

21 MRGCD to the City, dated November 25, 1997. 

22 (6) TINGLEY BEACH.—The term ‘‘Tingley 

23 Beach’’ means the tract of land containing 25.2005 

24 acres, more or less, situated within Section 13 and 

25 Section 24, T10N, R2E, and secs. 18 and 19, 


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1 T10N, R3E, N.M.P.M., City of Albuquerque, 

2 Bernalillo County, New Mexico, and described by 

3 New Mexico State Plane Grid Bearings (Central 

4 Zone) and ground distances in a Special Warranty 

5 Deed conveying the property from MRGCD to the 

6 City, dated November 25, 1997. 

7 (c) CLARIFICATION OF PROPERTY INTEREST.— 

8 (1) REQUIRED ACTION.—The Secretary of the 

9 Interior shall issue a quitclaim deed conveying any 

10 right, title, and interest the United States may have 

11 in and to Tingley Beach, San Gabriel Park, and the 

12 BioPark Parcels to the City. 

13 (2) TIMING.—The Secretary shall carry out the 

14 action in paragraph (1) as soon as practicable after 

15 the date of enactment of this Act and in accordance 

16 with all applicable law. 

17 (3) NO ADDITIONAL PAYMENT.—The City shall 

18 not be required to pay any additional costs to the 

19 United States for the value of San Gabriel Park, 

20 Tingley Beach, and the BioPark Parcels. 

21 (d) OTHER RIGHTS, TITLE, AND INTERESTS UNAF22 FECTED.— 

23 (1) IN GENERAL.—Except as expressly provided 

24 in subsection (c), nothing in this section shall be 

25 construed to affect any right, title, or interest in and 


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1 to any land associated with the Middle Rio Grande 

2 Project. 

3 (2) ONGOING LITIGATION.—Nothing contained 

4 in this section shall be construed or utilized to affect 

5 or otherwise interfere with any position set forth by 

6 any party in the lawsuit pending before the United 

7 States District Court for the District of New Mex8 ico, 99-CV-01320-JAP-RHS, entitled Rio Grande 

9 Silvery Minnow v. John W. Keys, III, concerning the 

10 right, title, or interest in and to any property associ11 ated with the Middle Rio Grande Project. 

12 Subtitle D—San Gabriel Basin 

13 Restoration Fund 

14 SEC. 931. RESTORATION FUND. 

15 Section 110 of division B of the Miscellaneous Appro16 priations Act, 2001 (114 Stat. 2763A–222), as enacted 

17 into law by section 1(a)(4) of the Consolidated Appropria18 tions Act, 2001 (Public Law 106–554, as amended by 

19 Public Law 107–66), is further amended— 

20 (1) in subsection (a)(3)(B), by inserting after 

21 clause (iii) the following: 

22 ‘‘(iv) NON-FEDERAL MATCH.—After 

23 $85,000,000 has cumulatively been appro24 priated under subsection (d)(1), the re25 mainder of Federal funds appropriated 


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1 under subsection (d) shall be subject to the 

2 following matching requirement: 

3 ‘‘(I) SAN GABRIEL BASIN WATER

4 QUALITY AUTHORITY.—The San Ga5 briel Basin Water Quality Authority 

6 shall be responsible for providing a 35 

7 percent non-Federal match for Fed8 eral funds made available to the Au9 thority under this Act. 

10 ‘‘(II) CENTRAL BASIN MUNICIPAL

11 WATER DISTRICT.—The Central Basin 

12 Municipal Water District shall be re13 sponsible for providing a 35 percent 

14 non-Federal match for Federal funds 

15 made available to the District under 

16 this Act.’’; 

17 (2) in subsection (a), by adding at the end the 

18 following: 

19 ‘‘(4) INTEREST ON FUNDS IN RESTORATION

20 FUND.—No amounts appropriated above the cumu21 lative amount of $85,000,000 to the Restoration 

22 Fund under subsection (d)(1) shall be invested by 

23 the Secretary of the Treasury in interest-bearing se24 curities of the United States.’’; and 


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1 (3) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(1) IN GENERAL.—There is authorized to be 

5 appropriated to the Restoration Fund established 

6 under subsection (a) $146,200,000. Such funds shall 

7 remain available until expended. 

8 ‘‘(2) SET-ASIDE.—Of the amounts appropriated 

9 under paragraph (1), no more than $21,200,000 

10 shall be made available to carry out the Central 

11 Basin Water Quality Project.’’. 

12 Subtitle E—Lower Colorado River 

13 Multi-Species Conservation Pro14 gram 

15 SEC. 941. DEFINITIONS. 

16 In this subtitle: 

17 (1) LOWER COLORADO RIVER MULTI-SPECIES

18 CONSERVATION PROGRAM.—The term ‘‘Lower Colo19 rado River Multi-Species Conservation Program’’ or 

20 ‘‘LCR MSCP’’ means the cooperative effort on the 

21 Lower Colorado River between Federal and non22 Federal entities in Arizona, California, and Nevada 

23 approved by the Secretary of the Interior on April 

24 2, 2005. 


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1 (2) LOWER COLORADO RIVER.—The term 

2 ‘‘Lower Colorado River’’ means the segment of the 

3 Colorado River within the planning area as provided 

4 in section 2(B) of the Implementing Agreement, a 

5 Program Document. 

6 (3) PROGRAM DOCUMENTS.—The term ‘‘Pro7 gram Documents’’ means the Habitat Conservation 

8 Plan, Biological Assessment and Biological and Con9 ference Opinion, Environmental Impact Statement/ 

10 Environmental Impact Report, Funding and Man11 agement Agreement, Implementing Agreement, and 

12 Section 10(a)(1)(B) Permit issued and, as applica13 ble, executed in connection with the LCR MSCP, 

14 and any amendments or successor documents that 

15 are developed consistent with existing agreements 

16 and applicable law. 

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

18 the Secretary of the Interior. 

19 (5) STATE.—The term ‘‘State’’ means each of 

20 the States of Arizona, California, and Nevada. 

21 SEC. 942. IMPLEMENTATION AND WATER ACCOUNTING. 

22 (a) IMPLEMENTATION.—The Secretary is authorized 

23 to manage and implement the LCR MSCP in accordance 

24 with the Program Documents. 


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1 (b) WATER ACCOUNTING.—The Secretary is author2 ized to enter into an agreement with the States providing 

3 for the use of water from the Lower Colorado River for 

4 habitat creation and maintenance in accordance with the 

5 Program Documents. 

6 SEC. 943. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

7 (a) IN GENERAL.—Any party to the Funding and 

8 Management Agreement or the Implementing Agreement, 

9 and any permittee under the Section 10(a)(1)(B) Permit, 

10 may commence a civil action in United States district 

11 court to adjudicate, confirm, validate or decree the rights 

12 and obligations of the parties under those Program Docu13 ments. 

14 (b) JURISDICTION.—The district court shall have ju15 risdiction over such actions and may issue such orders, 

16 judgments, and decrees as are consistent with the court’s 

17 exercise of jurisdiction under this section. 

18 (c) UNITED STATES AS DEFENDANT.— 

19 (1) IN GENERAL.—The United States or any 

20 agency of the United States may be named as a de21 fendant in such actions. 

22 (2) SOVEREIGN IMMUNITY.—Subject to para23 graph (3), the sovereign immunity of the United 

24 States is waived for purposes of actions commenced 

25 pursuant to this section. 


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1 (3) NONWAIVER FOR CERTAIN CLAIMS.—Noth2 ing in this section waives the sovereign immunity of 

3 the United States to claims for money damages, 

4 monetary compensation, the provision of indemnity, 

5 or any claim seeking money from the United States. 

6 (d) RIGHTS UNDER FEDERAL AND STATE LAW.— 

7 Except as specifically provided in this section, nothing in 

8 this section limits any rights of any party under Federal 

9 or State law. 

10 (e) VENUE.—Any suit pursuant to this section may 

11 be brought in any United States district court in the State 

12 in which any non-Federal party to the suit is situated. 

13 SEC. 944. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to the Secretary such sums as may be necessary 

16 to meet the obligations of the Secretary under the Pro17 gram Documents, to remain available until expended. 

18 (b) NON-REIMBURSABLE AND NON-RETURNABLE.— 

19 All amounts appropriated to and expended by the Sec20 retary for the LCR MSCP shall be non-reimbursable and 

21 non-returnable. 


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1 TITLE X—WATER SETTLEMENTS 

2 Subtitle A—San Joaquin River 

3 Restoration Settlement 

4 PART I—SAN JOAQUIN RIVER RESTORATION 

5 SETTLEMENT ACT 

6 SEC. 1001. SHORT TITLE. 

7 This part may be cited as the ‘‘San Joaquin River 

8 Restoration Settlement Act’’. 

9 SEC. 1002. PURPOSE. 

10 The purpose of this part is to authorize implementa11 tion of the Settlement. 

12 SEC. 1003. DEFINITIONS. 

13 In this part: 

14 (1) The terms ‘‘Friant Division long-term con15 tractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, 

16 ‘‘Recovered Water Account’’, ‘‘Restoration Goal’’, 

17 and ‘‘Water Management Goal’’ have the meanings 

18 given the terms in the Settlement. 

19 (2) The term ‘‘Secretary’’ means the Secretary 

20 of the Interior. 

21 (3) The term ‘‘Settlement’’ means the Stipula22 tion of Settlement dated September 13, 2006, in the 

23 litigation entitled Natural Resources Defense Coun24 cil, et al. v. Kirk Rodgers, et al., United States DisVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 trict Court, Eastern District of California, No. CIV. 

2 S–88–1658–LKK/GGH. 

3 SEC. 1004. IMPLEMENTATION OF SETTLEMENT. 

4 (a) IN GENERAL.—The Secretary of the Interior is 

5 hereby authorized and directed to implement the terms 

6 and conditions of the Settlement in cooperation with the 

7 State of California, including the following measures as 

8 these measures are prescribed in the Settlement: 

9 (1) Design and construct channel and struc10 tural improvements as described in paragraph 11 of 

11 the Settlement, provided, however, that the Sec12 retary shall not make or fund any such improve13 ments to facilities or property of the State of Cali14 fornia without the approval of the State of Cali15 fornia and the State’s agreement in 1 or more 

16 memoranda of understanding to participate where 

17 appropriate. 

18 (2) Modify Friant Dam operations so as to pro19 vide Restoration Flows and Interim Flows. 

20 (3) Acquire water, water rights, or options to 

21 acquire water as described in paragraph 13 of the 

22 Settlement, provided, however, such acquisitions 

23 shall only be made from willing sellers and not 

24 through eminent domain. 


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1 (4) Implement the terms and conditions of 

2 paragraph 16 of the Settlement related to recircula3 tion, recapture, reuse, exchange, or transfer of water 

4 released for Restoration Flows or Interim Flows, for 

5 the purpose of accomplishing the Water Manage6 ment Goal of the Settlement, subject to— 

7 (A) applicable provisions of California 

8 water law; 

9 (B) the Secretary’s use of Central Valley 

10 Project facilities to make Project water (other 

11 than water released from Friant Dam pursuant 

12 to the Settlement) and water acquired through 

13 transfers available to existing south-of-Delta 

14 Central Valley Project contractors; and 

15 (C) the Secretary’s performance of the 

16 Agreement of November 24, 1986, between the 

17 United States of America and the Department 

18 of Water Resources of the State of California 

19 for the coordinated operation of the Central 

20 Valley Project and the State Water Project as 

21 authorized by Congress in section 2(d) of the 

22 Act of August 26, 1937 (50 Stat. 850, 100 

23 Stat. 3051), including any agreement to resolve 

24 conflicts arising from said Agreement. 


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1 (5) Develop and implement the Recovered 

2 Water Account as specified in paragraph 16(b) of 

3 the Settlement, including the pricing and payment 

4 crediting provisions described in paragraph 16(b)(3) 

5 of the Settlement, provided that all other provisions 

6 of Federal reclamation law shall remain applicable. 

7 (b) AGREEMENTS.— 

8 (1) AGREEMENTS WITH THE STATE.—In order 

9 to facilitate or expedite implementation of the Settle10 ment, the Secretary is authorized and directed to 

11 enter into appropriate agreements, including cost12 sharing agreements, with the State of California. 

13 (2) OTHER AGREEMENTS.—The Secretary is 

14 authorized to enter into contracts, memoranda of 

15 understanding, financial assistance agreements, cost 

16 sharing agreements, and other appropriate agree17 ments with State, tribal, and local governmental 

18 agencies, and with private parties, including agree19 ments related to construction, improvement, and op20 eration and maintenance of facilities, subject to any 

21 terms and conditions that the Secretary deems nec22 essary to achieve the purposes of the Settlement. 

23 (c) ACCEPTANCE AND EXPENDITURE OF NON-FED24 ERAL FUNDS.—The Secretary is authorized to accept and 


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1 expend non-Federal funds in order to facilitate implemen2 tation of the Settlement. 

3 (d) MITIGATION OF IMPACTS.—Prior to the imple4 mentation of decisions or agreements to construct, im5 prove, operate, or maintain facilities that the Secretary de6 termines are needed to implement the Settlement, the Sec7 retary shall identify— 

8 (1) the impacts associated with such actions; 

9 and 

10 (2) the measures which shall be implemented to 

11 mitigate impacts on adjacent and downstream water 

12 users and landowners. 

13 (e) DESIGN AND ENGINEERING STUDIES.—The Sec14 retary is authorized to conduct any design or engineering 

15 studies that are necessary to implement the Settlement. 

16 (f) EFFECT ON CONTRACT WATER ALLOCATIONS.— 

17 Except as otherwise provided in this section, the imple18 mentation of the Settlement and the reintroduction of 

19 California Central Valley Spring Run Chinook salmon 

20 pursuant to the Settlement and section 1011, shall not 

21 result in the involuntary reduction in contract water allo22 cations to Central Valley Project long-term contractors, 

23 other than Friant Division long-term contractors. 

24 (g) EFFECT ON EXISTING WATER CONTRACTS.—Ex25 cept as provided in the Settlement and this part, nothing 


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1 in this part shall modify or amend the rights and obliga2 tions of the parties to any existing water service, repay3 ment, purchase, or exchange contract. 

4 SEC. 1005. ACQUISITION AND DISPOSAL OF PROPERTY; 

5 TITLE TO FACILITIES. 

6 (a) TITLE TO FACILITIES.—Unless acquired pursu7 ant to subsection (b), title to any facility or facilities, 

8 stream channel, levees, or other real property modified or 

9 improved in the course of implementing the Settlement au10 thorized by this part, and title to any modifications or im11 provements of such facility or facilities, stream channel, 

12 levees, or other real property— 

13 (1) shall remain in the owner of the property; 

14 and 

15 (2) shall not be transferred to the United 

16 States on account of such modifications or improve17 ments. 

18 (b) ACQUISITION OF PROPERTY.— 

19 (1) IN GENERAL.—The Secretary is authorized 

20 to acquire through purchase from willing sellers any 

21 property, interests in property, or options to acquire 

22 real property needed to implement the Settlement 

23 authorized by this part. 

24 (2) APPLICABLE LAW.—The Secretary is au25 thorized, but not required, to exercise all of the auVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 thorities provided in section 2 of the Act of August 

2 26, 1937 (50 Stat. 844, chapter 832), to carry out 

3 the measures authorized in this section and section 

4 1004. 

5 (c) DISPOSAL OF PROPERTY.— 

6 (1) IN GENERAL.—Upon the Secretary’s deter7 mination that retention of title to property or inter8 ests in property acquired pursuant to this part is no 

9 longer needed to be held by the United States for 

10 the furtherance of the Settlement, the Secretary is 

11 authorized to dispose of such property or interest in 

12 property on such terms and conditions as the Sec13 retary deems appropriate and in the best interest of 

14 the United States, including possible transfer of 

15 such property to the State of California. 

16 (2) RIGHT OF FIRST REFUSAL.—In the event 

17 the Secretary determines that property acquired pur18 suant to this part through the exercise of its emi19 nent domain authority is no longer necessary for im20 plementation of the Settlement, the Secretary shall 

21 provide a right of first refusal to the property owner 

22 from whom the property was initially acquired, or 

23 his or her successor in interest, on the same terms 

24 and conditions as the property is being offered to 

25 other parties. 


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1 (3) DISPOSITION OF PROCEEDS.—Proceeds 

2 from the disposal by sale or transfer of any such 

3 property or interests in such property shall be depos4 ited in the fund established by section 1009(c). 

5 (d) GROUNDWATER BANK.—Nothing in this part au6 thorizes the Secretary to operate a groundwater bank 

7 along or adjacent to the San Joaquin River upstream of 

8 the confluence with the Merced River, and any such 

9 groundwater bank shall be operated by a non-Federal enti10 ty. 

11 SEC. 1006. COMPLIANCE WITH APPLICABLE LAW. 

12 (a) APPLICABLE LAW.— 

13 (1) IN GENERAL.—In undertaking the measures 

14 authorized by this part, the Secretary and the Sec15 retary of Commerce shall comply with all applicable 

16 Federal and State laws, rules, and regulations, in17 cluding the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.) and the Endangered 

19 Species Act of 1973 (16 U.S.C. 1531 et seq.), as 

20 necessary. 

21 (2) ENVIRONMENTAL REVIEWS.—The Secretary 

22 and the Secretary of Commerce are authorized and 

23 directed to initiate and expeditiously complete appli24 cable environmental reviews and consultations as 


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1 may be necessary to effectuate the purposes of the 

2 Settlement. 

3 (b) EFFECT ON STATE LAW.—Nothing in this part 

4 shall preempt State law or modify any existing obligation 

5 of the United States under Federal reclamation law to op6 erate the Central Valley Project in conformity with State 

7 law. 

8 (c) USE OF FUNDS FOR ENVIRONMENTAL RE9 VIEWS.— 

10 (1) DEFINITION OF ENVIRONMENTAL RE11 VIEW.—For purposes of this subsection, the term 

12 ‘‘environmental review’’ includes any consultation 

13 and planning necessary to comply with subsection 

14 (a). 

15 (2) PARTICIPATION IN ENVIRONMENTAL RE16 VIEW PROCESS.—In undertaking the measures au17 thorized by section 1004, and for which environ18 mental review is required, the Secretary may provide 

19 funds made available under this part to affected 

20 Federal agencies, State agencies, local agencies, and 

21 Indian tribes if the Secretary determines that such 

22 funds are necessary to allow the Federal agencies, 

23 State agencies, local agencies, or Indian tribes to ef24 fectively participate in the environmental review 

25 process. 


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1 (3) LIMITATION.—Funds may be provided 

2 under paragraph (2) only to support activities that 

3 directly contribute to the implementation of the 

4 terms and conditions of the Settlement. 

5 (d) NONREIMBURSABLE FUNDS.—The United 

6 States’ share of the costs of implementing this part shall 

7 be nonreimbursable under Federal reclamation law, pro8 vided that nothing in this subsection shall limit or be con9 strued to limit the use of the funds assessed and collected 

10 pursuant to sections 3406(c)(1) and 3407(d)(2) of the 

11 Reclamation Projects Authorization and Adjustment Act 

12 of 1992 (Public Law 102–575; 106 Stat. 4721, 4727), for 

13 implementation of the Settlement, nor shall it be con14 strued to limit or modify existing or future Central Valley 

15 Project ratesetting policies. 

16 SEC. 1007. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

17 IMPROVEMENT ACT. 

18 Congress hereby finds and declares that the Settle19 ment satisfies and discharges all of the obligations of the 

20 Secretary contained in section 3406(c)(1) of the Reclama21 tion Projects Authorization and Adjustment Act of 1992 

22 (Public Law 102–575; 106 Stat. 4721), provided, how23 ever, that— 

24 (1) the Secretary shall continue to assess and 

25 collect the charges provided in section 3406(c)(1) of 


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1 the Reclamation Projects Authorization and Adjust2 ment Act of 1992 (Public Law 102–575; 106 Stat. 

3 4721), as provided in the Settlement; and 

4 (2) those assessments and collections shall con5 tinue to be counted toward the requirements of the 

6 Secretary contained in section 3407(c)(2) of the 

7 Reclamation Projects Authorization and Adjustment 

8 Act of 1992 (Public Law 102–575; 106 Stat. 4726). 

9 SEC. 1008. NO PRIVATE RIGHT OF ACTION. 

10 (a) IN GENERAL.—Nothing in this part confers upon 

11 any person or entity not a party to the Settlement a pri12 vate right of action or claim for relief to interpret or en13 force the provisions of this part or the Settlement. 

14 (b) APPLICABLE LAW.—This section shall not alter 

15 or curtail any right of action or claim for relief under any 

16 other applicable law. 

17 SEC. 1009. APPROPRIATIONS; SETTLEMENT FUND. 

18 (a) IMPLEMENTATION COSTS.— 

19 (1) IN GENERAL.—The costs of implementing 

20 the Settlement shall be covered by payments or in21 kind contributions made by Friant Division contrac22 tors and other non-Federal parties, including the 

23 funds provided in paragraphs (1) through (4) of 

24 subsection (c), estimated to total $440,000,000, of 

25 which the non-Federal payments are estimated to 


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1 total $200,000,000 (at October 2006 price levels) 

2 and the amount from repaid Central Valley Project 

3 capital obligations is estimated to total 

4 $240,000,000, the additional Federal appropriation 

5 of $250,000,000 authorized pursuant to subsection 

6 (b)(1), and such additional funds authorized pursu7 ant to subsection (b)(2); provided however, that the 

8 costs of implementing the provisions of section 

9 1004(a)(1) shall be shared by the State of California 

10 pursuant to the terms of a memorandum of under11 standing executed by the State of California and the 

12 Parties to the Settlement on September 13, 2006, 

13 which includes at least $110,000,000 of State funds. 

14 (2) ADDITIONAL AGREEMENTS.— 

15 (A) IN GENERAL.—The Secretary shall 

16 enter into 1 or more agreements to fund or im17 plement improvements on a project-by-project 

18 basis with the State of California. 

19 (B) REQUIREMENTS.—Any agreements en20 tered into under subparagraph (A) shall provide 

21 for recognition of either monetary or in-kind 

22 contributions toward the State of California’s 

23 share of the cost of implementing the provisions 

24 of section 1004(a)(1). 


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1 (3) LIMITATION.—Except as provided in the 

2 Settlement, to the extent that costs incurred solely 

3 to implement this Settlement would not otherwise 

4 have been incurred by any entity or public or local 

5 agency or subdivision of the State of California, such 

6 costs shall not be borne by any such entity, agency, 

7 or subdivision of the State of California, unless such 

8 costs are incurred on a voluntary basis. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—In addition to the funding 

11 provided in subsection (c), there are also authorized 

12 to be appropriated not to exceed $250,000,000 (at 

13 October 2006 price levels) to implement this part 

14 and the Settlement, to be available until expended; 

15 provided however, that the Secretary is authorized to 

16 spend such additional appropriations only in 

17 amounts equal to the amount of funds deposited in 

18 the Fund (not including payments under subsection 

19 (c)(2) and proceeds under subsection (c)(3)), the 

20 amount of in-kind contributions, and other non-Fed21 eral payments actually committed to the implemen22 tation of this part or the Settlement. 

23 (2) USE OF THE CENTRAL VALLEY PROJECT

24 RESTORATION FUND.—The Secretary is authorized 

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1 toration Fund created under section 3407 of the 

2 Reclamation Projects Authorization and Adjustment 

3 Act of 1992 (Public Law 102–575; 106 Stat. 4727) 

4 for purposes of this part in an amount not to exceed 

5 $2,000,000 (October 2006 price levels) in any fiscal 

6 year. 

7 (c) FUND.—There is hereby established within the 

8 Treasury of the United States a fund, to be known as the 

9 San Joaquin River Restoration Fund, into which the fol10 lowing shall be deposited and used solely for the purpose 

11 of implementing the Settlement except as otherwise pro12 vided in subsections (a) and (b) of section 1033, to be 

13 available for expenditure without further appropriation: 

14 (1) At the beginning of the fiscal year following 

15 enactment of this part, all payments received pursu16 ant to section 3406(c)(1) of the Reclamation 

17 Projects Authorization and Adjustment Act of 1992 

18 (Public Law 102–575; 106 Stat. 4721). 

19 (2) The construction cost component (not oth20 erwise needed to cover operation and maintenance 

21 costs) of payments made by Friant Division, Hidden 

22 Unit, and Buchanan Unit long-term contractors pur23 suant to long-term water service contracts or pursu24 ant to repayment contracts, including repayment 

25 contracts executed pursuant to section 1010. The 


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1 construction cost repayment obligation assigned such 

2 contractors under such contracts shall be reduced by 

3 the amount paid pursuant to this paragraph and the 

4 appropriate share of the existing Federal investment 

5 in the Central Valley Project to be recovered by the 

6 Secretary pursuant to Public Law 99–546 (100 

7 Stat. 3050) shall be reduced by an equivalent sum. 

8 (3) Proceeds from the sale of water pursuant to 

9 the Settlement, or from the sale of property or inter10 ests in property as provided in section 1005. 

11 (4) Any non-Federal funds, including State 

12 cost-sharing funds, contributed to the United States 

13 for implementation of the Settlement, which the Sec14 retary may expend without further appropriation for 

15 the purposes for which contributed. 

16 (d) LIMITATION ON CONTRIBUTIONS.—Payments 

17 made by long-term contractors who receive water from the 

18 Friant Division and Hidden and Buchanan Units of the 

19 Central Valley Project pursuant to sections 3406(c)(1) 

20 and 3407(d)(2) of the Reclamation Projects Authorization 

21 and Adjustment Act of 1992 (Public Law 102–575; 106 

22 Stat. 4721, 4727) and payments made pursuant to para23 graph 16(b)(3) of the Settlement and subsection (c)(2) 

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1 tribution to the Settlement, subject to the terms and con2 ditions of paragraph 21 of the Settlement. 

3 (e) NO ADDITIONAL EXPENDITURES REQUIRED.— 

4 Nothing in this part shall be construed to require a Fed5 eral official to expend Federal funds not appropriated by 

6 Congress, or to seek the appropriation of additional funds 

7 by Congress, for the implementation of the Settlement. 

8 (f) REACH 4B.— 

9 (1) STUDY.— 

10 (A) IN GENERAL.—In accordance with the 

11 Settlement and the memorandum of under12 standing executed pursuant to paragraph 6 of 

13 the Settlement, the Secretary shall conduct a 

14 study that specifies— 

15 (i) the costs of undertaking any work 

16 required under paragraph 101(a)(3) of the 

17 Settlement to increase the capacity of 

18 reach 4B prior to reinitiation of Restora19 tion Flows; 

20 (ii) the impacts associated with re21 initiation of such flows; and 

22 (iii) measures that shall be imple23 mented to mitigate impacts. 


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1 (B) DEADLINE.—The study under sub2 paragraph (A) shall be completed prior to res3 toration of any flows other than Interim Flows. 

4 (2) REPORT.— 

5 (A) IN GENERAL.—The Secretary shall file 

6 a report with Congress not later than 90 days 

7 after issuing a determination, as required by 

8 the Settlement, on whether to expand channel 

9 conveyance capacity to 4500 cubic feet per sec10 ond in reach 4B of the San Joaquin River, or 

11 use an alternative route for pulse flows, that— 

12 (i) explains whether the Secretary has 

13 decided to expand Reach 4B capacity to 

14 4500 cubic feet per second; and 

15 (ii) addresses the following matters: 

16 (I) The basis for the Secretary’s 

17 determination, whether set out in en18 vironmental review documents or oth19 erwise, as to whether the expansion of 

20 Reach 4B would be the preferable 

21 means to achieve the Restoration Goal 

22 as provided in the Settlement, includ23 ing how different factors were as24 sessed such as comparative biological 

25 and habitat benefits, comparative 


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1 costs, relative availability of State 

2 cost-sharing funds, and the compara3 tive benefits and impacts on water 

4 temperature, water supply, private 

5 property, and local and downstream 

6 flood control. 

7 (II) The Secretary’s final cost es8 timate for expanding Reach 4B capac9 ity to 4500 cubic feet per second, or 

10 any alternative route selected, as well 

11 as the alternative cost estimates pro12 vided by the State, by the Restoration 

13 Administrator, and by the other par14 ties to the Settlement. 

15 (III) The Secretary’s plan for 

16 funding the costs of expanding Reach 

17 4B or any alternative route selected, 

18 whether by existing Federal funds 

19 provided under this subtitle, by non20 Federal funds, by future Federal ap21 propriations, or some combination of 

22 such sources. 

23 (B) DETERMINATION REQUIRED.—The 

24 Secretary shall, to the extent feasible, make the 

25 determination in subparagraph (A) prior to unVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 dertaking any substantial construction work to 

2 increase capacity in reach 4B. 

3 (3) COSTS.—If the Secretary’s estimated Fed4 eral cost for expanding reach 4B in paragraph (2), 

5 in light of the Secretary’s funding plan set out in 

6 that paragraph, would exceed the remaining Federal 

7 funding authorized by this part (including all funds 

8 reallocated, all funds dedicated, and all new funds 

9 authorized by this part and separate from all com10 mitments of State and other non-Federal funds and 

11 in-kind commitments), then before the Secretary 

12 commences actual construction work in reach 4B 

13 (other than planning, design, feasibility, or other 

14 preliminary measures) to expand capacity to 4500 

15 cubic feet per second to implement this Settlement, 

16 Congress must have increased the applicable author17 ization ceiling provided by this part in an amount at 

18 least sufficient to cover the higher estimated Federal 

19 costs. 

20 SEC. 1010. REPAYMENT CONTRACTS AND ACCELERATION 

21 OF REPAYMENT OF CONSTRUCTION COSTS. 

22 (a) CONVERSION OF CONTRACTS.— 

23 (1) The Secretary is authorized and directed to 

24 convert, prior to December 31, 2010, all existing 

25 long-term contracts with the following Friant DiviVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 sion, Hidden Unit, and Buchanan Unit contractors, 

2 entered under subsection (e) of section 9 of the Act 

3 of August 4, 1939 (53 Stat. 1196), to contracts 

4 under subsection (d) of section 9 of said Act (53 

5 Stat. 1195), under mutually agreeable terms and 

6 conditions: Arvin-Edison Water Storage District; 

7 Delano-Earlimart Irrigation District; Exeter Irriga8 tion District; Fresno Irrigation District; Ivanhoe Ir9 rigation District; Lindmore Irrigation District; Lind10 say-Strathmore Irrigation District; Lower Tule 

11 River Irrigation District; Orange Cove Irrigation 

12 District; Porterville Irrigation District; Saucelito Ir13 rigation District; Shafter-Wasco Irrigation District; 

14 Southern San Joaquin Municipal Utility District; 

15 Stone Corral Irrigation District; Tea Pot Dome 

16 Water District; Terra Bella Irrigation District; 

17 Tulare Irrigation District; Madera Irrigation Dis18 trict; and Chowchilla Water District. Upon request 

19 of the contractor, the Secretary is authorized to con20 vert, prior to December 31, 2010, other existing 

21 long-term contracts with Friant Division contractors 

22 entered under subsection (e) of section 9 of the Act 

23 of August 4, 1939 (53 Stat. 1196), to contracts 

24 under subsection (d) of section 9 of said Act (53 


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1 Stat. 1195), under mutually agreeable terms and 

2 conditions. 

3 (2) Upon request of the contractor, the Sec4 retary is further authorized to convert, prior to De5 cember 31, 2010, any existing Friant Division long6 term contract entered under subsection (c)(2) of sec7 tion 9 of the Act of August 4, 1939 (53 Stat. 1194), 

8 to a contract under subsection (c)(1) of section 9 of 

9 said Act, under mutually agreeable terms and condi10 tions. 

11 (3) All such contracts entered into pursuant to 

12 paragraph (1) shall— 

13 (A) require the repayment, either in lump 

14 sum or by accelerated prepayment, of the re15 maining amount of construction costs identified 

16 in the Central Valley Project Schedule of Irri17 gation Capital Rates by Contractor 2007 Irriga18 tion Water Rates, dated January 25, 2007, as 

19 adjusted to reflect payments not reflected in 

20 such schedule, and properly assignable for ulti21 mate return by the contractor, no later than 

22 January 31, 2011, or if made in approximately 

23 equal annual installments, no later than Janu24 ary 31, 2014; such amount to be discounted by 

1 25 ⁄2 the Treasury Rate. An estimate of the reVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 maining amount of construction costs as of 

2 January 31, 2011, as adjusted, shall be pro3 vided by the Secretary to each contractor no 

4 later than June 30, 2010; 

5 (B) require that, notwithstanding sub6 section (c)(2), construction costs or other cap7 italized costs incurred after the effective date of 

8 the contract or not reflected in the schedule ref9 erenced in subparagraph (A), and properly as10 signable to such contractor, shall be repaid in 

11 not more than 5 years after notification of the 

12 allocation if such amount is a result of a collec13 tive annual allocation of capital costs to the 

14 contractors exercising contract conversions 

15 under this subsection of less than $5,000,000. 

16 If such amount is $5,000,000 or greater, such 

17 cost shall be repaid as provided by applicable 

18 Reclamation law, provided that the reference to 

19 the amount of $5,000,000 shall not be a prece20 dent in any other context; 

21 (C) provide that power revenues will not be 

22 available to aid in repayment of construction 

23 costs allocated to irrigation under the contract; 

24 and 


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1 (D) conform to the Settlement and this 

2 part and shall continue so long as the con3 tractor pays applicable charges, consistent with 

4 subsection (c)(2) and applicable law. 

5 (4) All such contracts entered into pursuant to 

6 paragraph (2) shall— 

7 (A) require the repayment in lump sum of 

8 the remaining amount of construction costs 

9 identified in the most current version of the 

10 Central Valley Project Schedule of Municipal 

11 and Industrial Water Rates, as adjusted to re12 flect payments not reflected in such schedule, 

13 and properly assignable for ultimate return by 

14 the contractor, no later than January 31, 2014. 

15 An estimate of the remaining amount of con16 struction costs as of January 31, 2014, as ad17 justed, shall be provided by the Secretary to 

18 each contractor no later than June 30, 2013; 

19 (B) require that, notwithstanding sub20 section (c)(2), construction costs or other cap21 italized costs incurred after the effective date of 

22 the contract or not reflected in the schedule ref23 erenced in subparagraph (A), and properly as24 signable to such contractor, shall be repaid in 

25 not more than 5 years after notification of the 


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1 allocation if such amount is a result of a collec2 tive annual allocation of capital costs to the 

3 contractors exercising contract conversions 

4 under this subsection of less than $5,000,000. 

5 If such amount is $5,000,000 or greater, such 

6 cost shall be repaid as provided by applicable 

7 Reclamation law, provided that the reference to 

8 the amount of $5,000,000 shall not be a prece9 dent in any other context; and 

10 (C) conform to the Settlement and this 

11 part and shall continue so long as the con12 tractor pays applicable charges, consistent with 

13 subsection (c)(2) and applicable law. 

14 (b) FINAL ADJUSTMENT.—The amounts paid pursu15 ant to subsection (a) shall be subject to adjustment fol16 lowing a final cost allocation by the Secretary upon com17 pletion of the construction of the Central Valley Project. 

18 In the event that the final cost allocation indicates that 

19 the costs properly assignable to the contractor are greater 

20 than what has been paid by the contractor, the contractor 

21 shall be obligated to pay the remaining allocated costs. 

22 The term of such additional repayment contract shall be 

23 no less than 1 year and no more than 10 years, however, 

24 mutually agreeable provisions regarding the rate of repay25 ment of such amount may be developed by the parties. 


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1 In the event that the final cost allocation indicates that 

2 the costs properly assignable to the contractor are less 

3 than what the contractor has paid, the Secretary is au4 thorized and directed to credit such overpayment as an 

5 offset against any outstanding or future obligation of the 

6 contractor. 

7 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

8 (1) Notwithstanding any repayment obligation 

9 under subsection (a)(3)(B) or subsection (b), upon a 

10 contractor’s compliance with and discharge of the 

11 obligation of repayment of the construction costs as 

12 provided in subsection (a)(3)(A), the provisions of 

13 section 213(a) and (b) of the Reclamation Reform 

14 Act of 1982 (96 Stat. 1269) shall apply to lands in 

15 such district. 

16 (2) Notwithstanding any repayment obligation 

17 under paragraph (3)(B) or (4)(B) of subsection (a), 

18 or subsection (b), upon a contractor’s compliance 

19 with and discharge of the obligation of repayment of 

20 the construction costs as provided in paragraphs 

21 (3)(A) and (4)(A) of subsection (a), the Secretary 

22 shall waive the pricing provisions of section 3405(d) 

23 of the Reclamation Projects Authorization and Ad24 justment Act of 1992 (Public Law 102–575) for 

25 such contractor, provided that such contractor shall 


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1 continue to pay applicable operation and mainte2 nance costs and other charges applicable to such re3 payment contracts pursuant to the then-current 

4 rate-setting policy and applicable law. 

5 (3) Provisions of the Settlement applying to 

6 Friant Division, Hidden Unit, and Buchanan Unit 

7 long-term water service contracts shall also apply to 

8 contracts executed pursuant to this section. 

9 (d) REDUCTION OF CHARGE FOR THOSE CONTRACTS

10 CONVERTED PURSUANT TO SUBSECTION (A)(1).— 

11 (1) At the time all payments by the contractor 

12 required by subsection (a)(3)(A) have been com13 pleted, the Secretary shall reduce the charge man14 dated in section 1007(1) of this part, from 2020 

15 through 2039, to offset the financing costs as de16 fined in section 1010(d)(3). The reduction shall be 

17 calculated at the time all payments by the contractor 

18 required by subsection (a)(3)(A) have been com19 pleted. The calculation shall remain fixed from 2020 

20 through 2039 and shall be based upon anticipated 

21 average annual water deliveries, as mutually agreed 

22 upon by the Secretary and the contractor, for the 

23 period from 2020 through 2039, and the amounts of 

24 such reductions shall be discounted using the Treas25 ury Rate; provided, that such charge shall not be reVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 duced to less than $4.00 per acre foot of project 

2 water delivered; provided further, that such reduc3 tion shall be implemented annually unless the Sec4 retary determines, based on the availability of other 

5 monies, that the charges mandated in section 

6 1007(1) are otherwise needed to cover ongoing fed7 eral costs of the Settlement, including any federal 

8 operation and maintenance costs of facilities that the 

9 Secretary determines are needed to implement the 

10 Settlement. If the Secretary determines that such 

11 charges are necessary to cover such ongoing federal 

12 costs, the Secretary shall, instead of making the re13 duction in such charges, reduce the contractor’s op14 eration and maintenance obligation by an equivalent 

15 amount, and such amount shall not be recovered by 

16 the United States from any Central Valley Project 

17 contractor, provided nothing herein shall affect the 

18 obligation of the contractor to make payments pur19 suant to a transfer agreement with a non-federal op20 erating entity. 

21 (2) If the calculated reduction in paragraph (1), 

22 taking into consideration the minimum amount re23 quired, does not result in the contractor offsetting 

24 its financing costs, the Secretary is authorized and 

25 directed to reduce, after 2019, any outstanding or 


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1 future obligations of the contractor to the Bureau of 

2 Reclamation, other than the charge assessed and col3 lected under section 3407(d) of Public law 102–575, 

4 by the amount of such deficiency, with such amount 

5 indexed to 2020 using the Treasury Rate and such 

6 amount shall be not be recovered by the United 

7 States from any Central Valley Project contractor, 

8 provided nothing herein shall affect the obligation of 

9 the contractor to make payments pursuant to a 

10 transfer agreement with a non-Federal operating en11 tity. 

12 (3) Financing costs, for the purposes of this 

13 subsection, shall be computed as the difference of 

14 the net present value of the construction cost identi15 fied in subsection (a)(3)(A) using the full Treasury 

16 Rate as compared to using one half of the Treasury 

17 Rate and applying those rates against a calculated 

18 average annual capital repayment through 2030. 

19 (4) Effective in 2040, the charge shall revert to 

20 the amount called for in section 1007(1) of this 

21 part. 

22 (5) For purposes of this section, ‘‘Treasury 

23 Rate’’ shall be defined as the 20 year Constant Ma24 turity Treasury (CMT) rate published by the United 


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1 States Department of the Treasury as of October 1, 

2 2010. 

3 (e) SATISFACTION OF CERTAIN PROVISIONS.— 

4 (1) IN GENERAL.—Upon the first release of In5 terim Flows or Restoration Flows, pursuant to para6 graphs 13 or 15 of the Settlement, any short- or 

7 long-term agreement, to which 1 or more long-term 

8 Friant Division, Hidden Unit, or Buchanan Unit 

9 contractor that converts its contract pursuant to 

10 subsection (a) is a party, providing for the transfer 

11 or exchange of water not released as Interim Flows 

12 or Restoration Flows shall be deemed to satisfy the 

13 provisions of subsection 3405(a)(1)(A) and (I) of the 

14 Reclamation Projects Authorization and Adjustment 

15 Act of 1992 (Public Law 102–575) without the fur16 ther concurrence of the Secretary as to compliance 

17 with said subsections if the contractor provides, not 

18 later than 90 days before commencement of any 

19 such transfer or exchange for a period in excess of 

20 1 year, and not later than 30 days before commence21 ment of any proposed transfer or exchange with du22 ration of less than 1 year, written notice to the Sec23 retary stating how the proposed transfer or ex24 change is intended to reduce, avoid, or mitigate im25 pacts to water deliveries caused by the Interim 


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1 Flows or Restoration Flows or is intended to other2 wise facilitate the Water Management Goal, as de3 scribed in the Settlement. The Secretary shall 

4 promptly make such notice publicly available. 

5 (2) DETERMINATION OF REDUCTIONS TO

6 WATER DELIVERIES.—Water transferred or ex7 changed under an agreement that meets the terms 

8 of this subsection shall not be counted as a replace9 ment or an offset for purposes of determining reduc10 tions to water deliveries to any Friant Division long11 term contractor except as provided in paragraph 

12 16(b) of the Settlement. The Secretary shall, at least 

13 annually, make publicly available a compilation of 

14 the number of transfer or exchange agreements exer15 cising the provisions of this subsection to reduce, 

16 avoid, or mitigate impacts to water deliveries caused 

17 by the Interim Flows or Restoration Flows or to fa18 cilitate the Water Management Goal, as well as the 

19 volume of water transferred or exchanged under 

20 such agreements. 

21 (3) STATE LAW.—Nothing in this subsection al22 ters State law or permit conditions, including any 

23 applicable geographical restrictions on the place of 

24 use of water transferred or exchanged pursuant to 

25 this subsection. 


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1 (f) CERTAIN REPAYMENT OBLIGATIONS NOT AL2 TERED.—Implementation of the provisions of this section 

3 shall not alter the repayment obligation of any other long4 term water service or repayment contractor receiving 

5 water from the Central Valley Project, or shift any costs 

6 that would otherwise have been properly assignable to the 

7 Friant contractors absent this section, including oper8 ations and maintenance costs, construction costs, or other 

9 capitalized costs incurred after the date of enactment of 

10 this Act, to other such contractors. 

11 (g) STATUTORY INTERPRETATION.—Nothing in this 

12 part shall be construed to affect the right of any Friant 

13 Division, Hidden Unit, or Buchanan Unit long-term con14 tractor to use a particular type of financing to make the 

15 payments required in paragraph (3)(A) or (4)(A) of sub16 section (a). 

17 SEC. 1011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHI18 NOOK SALMON. 

19 (a) FINDING.—Congress finds that the implementa20 tion of the Settlement to resolve 18 years of contentious 

21 litigation regarding restoration of the San Joaquin River 

22 and the reintroduction of the California Central Valley 

23 Spring Run Chinook salmon is a unique and unprece24 dented circumstance that requires clear expressions of 

25 Congressional intent regarding how the provisions of the 


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

2 are utilized to achieve the goals of restoration of the San 

3 Joaquin River and the successful reintroduction of Cali4 fornia Central Valley Spring Run Chinook salmon. 

5 (b) REINTRODUCTION IN THE SAN JOAQUIN

6 RIVER.—California Central Valley Spring Run Chinook 

7 salmon shall be reintroduced in the San Joaquin River 

8 below Friant Dam pursuant to section 10(j) of the Endan9 gered Species Act of 1973 (16 U.S.C. 1539(j)) and the 

10 Settlement, provided that the Secretary of Commerce 

11 finds that a permit for the reintroduction of California 

12 Central Valley Spring Run Chinook salmon may be issued 

13 pursuant to section 10(a)(1)(A) of the Endangered Spe14 cies Act of 1973 (16 U.S.C. 1539(a)(1)(A)). 

15 (c) FINAL RULE.— 

16 (1) DEFINITION OF THIRD PARTY.—For the 

17 purpose of this subsection, the term ‘‘third party’’ 

18 means persons or entities diverting or receiving 

19 water pursuant to applicable State and Federal laws 

20 and shall include Central Valley Project contractors 

21 outside of the Friant Division of the Central Valley 

22 Project and the State Water Project. 

23 (2) ISSUANCE.—The Secretary of Commerce 

24 shall issue a final rule pursuant to section 4(d) of 

25 the Endangered Species Act of 1973 (16 U.S.C. 


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1 1533(d)) governing the incidental take of reintro2 duced California Central Valley Spring Run Chinook 

3 salmon prior to the reintroduction. 

4 (3) REQUIRED COMPONENTS.—The rule issued 

5 under paragraph (2) shall provide that the reintro6 duction will not impose more than de minimus: 

7 water supply reductions, additional storage releases, 

8 or bypass flows on unwilling third parties due to 

9 such reintroduction. 

10 (4) APPLICABLE LAW.—Nothing in this sec11 tion— 

12 (A) diminishes the statutory or regulatory 

13 protections provided in the Endangered Species 

14 Act of 1973 for any species listed pursuant to 

15 section 4 of the Endangered Species Act of 

16 1973 (16 U.S.C. 1533) other than the reintro17 duced population of California Central Valley 

18 Spring Run Chinook salmon, including protec19 tions pursuant to existing biological opinions or 

20 new biological opinions issued by the Secretary 

21 or Secretary of Commerce; or 

22 (B) precludes the Secretary or Secretary of 

23 Commerce from imposing protections under the 

24 Endangered Species Act of 1973 (16 U.S.C. 

25 1531 et seq.) for other species listed pursuant 


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1 to section 4 of that Act (16 U.S.C. 1533) be2 cause those protections provide incidental bene3 fits to such reintroduced California Central Val4 ley Spring Run Chinook salmon. 

5 (d) REPORT.— 

6 (1) IN GENERAL.—Not later than December 31, 

7 2024, the Secretary of Commerce shall report to 

8 Congress on the progress made on the reintroduction 

9 set forth in this section and the Secretary’s plans for 

10 future implementation of this section. 

11 (2) INCLUSIONS.—The report under paragraph 

12 (1) shall include— 

13 (A) an assessment of the major challenges, 

14 if any, to successful reintroduction; 

15 (B) an evaluation of the effect, if any, of 

16 the reintroduction on the existing population of 

17 California Central Valley Spring Run Chinook 

18 salmon existing on the Sacramento River or its 

19 tributaries; and 

20 (C) an assessment regarding the future of 

21 the reintroduction. 

22 (e) FERC PROJECTS.— 

23 (1) IN GENERAL.—With regard to California 

24 Central Valley Spring Run Chinook salmon reintro25 duced pursuant to the Settlement, the Secretary of 


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1 Commerce shall exercise its authority under section 

2 18 of the Federal Power Act (16 U.S.C. 811) by re3 serving its right to file prescriptions in proceedings 

4 for projects licensed by the Federal Energy Regu5 latory Commission on the Calaveras, Stanislaus, 

6 Tuolumne, Merced, and San Joaquin rivers and oth7 erwise consistent with subsection (c) until after the 

8 expiration of the term of the Settlement, December 

9 31, 2025, or the expiration of the designation made 

10 pursuant to subsection (b), whichever ends first. 

11 (2) EFFECT OF SUBSECTION.—Nothing in this 

12 subsection shall preclude the Secretary of Commerce 

13 from imposing prescriptions pursuant to section 18 

14 of the Federal Power Act (16 U.S.C. 811) solely for 

15 other anadromous fish species because those pre16 scriptions provide incidental benefits to such reintro17 duced California Central Valley Spring Run Chinook 

18 salmon. 

19 (f) EFFECT OF SECTION.—Nothing in this section is 

20 intended or shall be construed— 

21 (1) to modify the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

23 Act (16 U.S.C. 791a et seq.); or 

24 (2) to establish a precedent with respect to any 

25 other application of the Endangered Species Act of 


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1 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

2 Act (16 U.S.C. 791a et seq.). 

3 PART II—STUDY TO DEVELOP WATER PLAN; 

4 REPORT 

5 SEC. 1021. STUDY TO DEVELOP WATER PLAN; REPORT. 

6 (a) PLAN.— 

7 (1) GRANT.—To the extent that funds are 

8 made available in advance for this purpose, the Sec9 retary of the Interior, acting through the Bureau of 

10 Reclamation, shall provide direct financial assistance 

11 to the California Water Institute, located at Cali12 fornia State University, Fresno, California, to con13 duct a study regarding the coordination and integra14 tion of sub-regional integrated regional water man15 agement plans into a unified Integrated Regional 

16 Water Management Plan for the subject counties in 

17 the hydrologic basins that would address issues re18 lated to— 

19 (A) water quality; 

20 (B) water supply (both surface, ground 

21 water banking, and brackish water desalina22 tion); 

23 (C) water conveyance; 

24 (D) water reliability; 


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1 (E) water conservation and efficient use 

2 (by distribution systems and by end users); 

3 (F) flood control; 

4 (G) water resource-related environmental 

5 enhancement; and 

6 (H) population growth. 

7 (2) STUDY AREA.—The study area referred to 

8 in paragraph (1) is the proposed study area of the 

9 San Joaquin River Hydrologic Region and Tulare 

10 Lake Hydrologic Region, as defined by California 

11 Department of Water Resources Bulletin 160–05, 

12 volume 3, chapters 7 and 8, including Kern, Tulare, 

13 Kings, Fresno, Madera, Merced, Stanislaus, and San 

14 Joaquin counties in California. 

15 (b) USE OF PLAN.—The Integrated Regional Water 

16 Management Plan developed for the 2 hydrologic basins 

17 under subsection (a) shall serve as a guide for the counties 

18 in the study area described in subsection (a)(2) to use as 

19 a mechanism to address and solve long-term water needs 

20 in a sustainable and equitable manner. 

21 (c) REPORT.—The Secretary shall ensure that a re22 port containing the results of the Integrated Regional 

23 Water Management Plan for the hydrologic regions is sub24 mitted to the Committee on Energy and Natural Re25 sources of the Senate and the Committee on Natural ReVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 sources of the House of Representatives not later than 24 

2 months after financial assistance is made available to the 

3 California Water Institute under subsection (a)(1). 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 $1,000,000 to remain available until expended. 

7 PART III—FRIANT DIVISION IMPROVEMENTS 

8 SEC. 1031. FEDERAL FACILITY IMPROVEMENTS. 

9 (a) The Secretary of the Interior (hereafter referred 

10 to as the ‘‘Secretary’’) is authorized and directed to con11 duct feasibility studies in coordination with appropriate 

12 Federal, State, regional, and local authorities on the fol13 lowing improvements and facilities in the Friant Division, 

14 Central Valley Project, California: 

15 (1) Restoration of the capacity of the Friant16 Kern Canal and Madera Canal to such capacity as 

17 previously designed and constructed by the Bureau 

18 of Reclamation. 

19 (2) Reverse flow pump-back facilities on the 

20 Friant-Kern Canal, with reverse-flow capacity of ap21 proximately 500 cubic feet per second at the Poso 

22 and Shafter Check Structures and approximately 

23 300 cubic feet per second at the Woollomes Check 

24 Structure. 


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1 (b) Upon completion of and consistent with the appli2 cable feasibility studies, the Secretary is authorized to con3 struct the improvements and facilities identified in sub4 section (a) in accordance with all applicable Federal and 

5 State laws. 

6 (c) The costs of implementing this section shall be 

7 in accordance with section 1033, and shall be a non8 reimbursable Federal expenditure. 

9 SEC. 1032. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 

10 (a) AUTHORIZATION.—The Secretary is authorized to 

11 provide financial assistance to local agencies within the 

12 Central Valley Project, California, for the planning, de13 sign, environmental compliance, and construction of local 

14 facilities to bank water underground or to recharge 

15 groundwater, and that recover such water, provided that 

16 the project meets the criteria in subsection (b). The Sec17 retary is further authorized to require that any such local 

18 agency receiving financial assistance under the terms of 

19 this section submit progress reports and accountings to 

20 the Secretary, as the Secretary deems appropriate, which 

21 such reports shall be publicly available. 

22 (b) CRITERIA.— 

23 (1) A project shall be eligible for Federal finan24 cial assistance under subsection (a) only if all or a 

25 portion of the project is designed to reduce, avoid, 


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1 or offset the quantity of the expected water supply 

2 impacts to Friant Division long-term contractors 

3 caused by the Interim or Restoration Flows author4 ized in part I of this subtitle, and such quantities 

5 have not already been reduced, avoided, or offset by 

6 other programs or projects. 

7 (2) Federal financial assistance shall only apply 

8 to the portion of a project that the local agency des9 ignates as reducing, avoiding, or offsetting the ex10 pected water supply impacts caused by the Interim 

11 or Restoration Flows authorized in part I of this 

12 subtitle, consistent with the methodology developed 

13 pursuant to paragraph (3)(C). 

14 (3) No Federal financial assistance shall be pro15 vided by the Secretary under this part for construc16 tion of a project under subsection (a) unless the Sec17 retary— 

18 (A) determines that appropriate planning, 

19 design, and environmental compliance activities 

20 associated with such a project have been com21 pleted, and that the Secretary has been offered 

22 the opportunity to participate in the project at 

23 a price that is no higher than the local agency’s 

24 own costs, in order to secure necessary storage, 

25 extraction, and conveyance rights for water that 


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1 may be needed to meet the Restoration Goal as 

2 described in part I of this subtitle, where such 

3 project has capacity beyond that designated for 

4 the purposes in paragraph (2) or where it is 

5 feasible to expand such project to allow partici6 pation by the Secretary; 

7 (B) determines, based on information 

8 available at the time, that the local agency has 

9 the financial capability and willingness to fund 

10 its share of the project’s construction and all 

11 operation and maintenance costs on an annual 

12 basis; 

13 (C) determines that a method acceptable to 

14 the Secretary has been developed for quanti15 fying the benefit, in terms of reduction, avoid16 ance, or offset of the water supply impacts ex17 pected to be caused by the Interim or Restora18 tion Flows authorized in part I of this subtitle, 

19 that will result from the project, and for ensur20 ing appropriate adjustment in the recovered 

21 water account pursuant to section 1004(a)(5); 

22 and 

23 (D) has entered into a cost-sharing agree24 ment with the local agency which commits the 


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1 local agency to funding its share of the project’s 

2 construction costs on an annual basis. 

3 (c) GUIDELINES.—Within 1 year from the date of en4 actment of this part, the Secretary shall develop, in con5 sultation with the Friant Division long-term contractors, 

6 proposed guidelines for the application of the criteria de7 fined in subsection (b), and will make the proposed guide8 lines available for public comment. Such guidelines may 

9 consider prioritizing the distribution of available funds to 

10 projects that provide the broadest benefit within the af11 fected area and the equitable allocation of funds. Upon 

12 adoption of such guidelines, the Secretary shall implement 

13 such assistance program, subject to the availability of 

14 funds appropriated for such purpose. 

15 (d) COST SHARING.—The Federal financial assist16 ance provided to local agencies under subsection (a) shall 

17 not exceed— 

18 (1) 50 percent of the costs associated with plan19 ning, design, and environmental compliance activities 

20 associated with such a project; and 

21 (2) 50 percent of the costs associated with con22 struction of any such project. 

23 (e) PROJECT OWNERSHIP.— 

24 (1) Title to, control over, and operation of, 

25 projects funded under subsection (a) shall remain in 


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1 one or more non-Federal local agencies. Nothing in 

2 this part authorizes the Secretary to operate a 

3 groundwater bank along or adjacent to the San Joa4 quin River upstream of the confluence with the 

5 Merced River, and any such groundwater bank shall 

6 be operated by a non-Federal entity. All projects 

7 funded pursuant to this subsection shall comply with 

8 all applicable Federal and State laws, including pro9 visions of California water law. 

10 (2) All operation, maintenance, and replace11 ment and rehabilitation costs of such projects shall 

12 be the responsibility of the local agency. The Sec13 retary shall not provide funding for any operation, 

14 maintenance, or replacement and rehabilitation costs 

15 of projects funded under subsection (a). 

16 SEC. 1033. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) The Secretary is authorized and directed to use 

18 monies from the fund established under section 1009 to 

19 carry out the provisions of section 1031(a)(1), in an 

20 amount not to exceed $35,000,000. 

21 (b) In addition to the funds made available pursuant 

22 to subsection (a), the Secretary is also authorized to ex23 pend such additional funds from the fund established 

24 under section 1009 to carry out the purposes of section 

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1 ized and funded under the plan provided for pursuant to 

2 section 1004(a)(4), in an amount not to exceed 

3 $17,000,000, provided that the Secretary first determines 

4 that such expenditure will not conflict with or delay his 

5 implementation of actions required by part I of this sub6 title. Notice of the Secretary’s determination shall be pub7 lished not later than his submission of the report to Con8 gress required by section 1009(f)(2). 

9 (c) In addition to funds made available in subsections 

10 (a) and (b), there are authorized to be appropriated 

11 $50,000,000 (October 2008 price levels) to carry out the 

12 purposes of this part which shall be non-reimbursable. 

13 Subtitle B—Northwestern New 

14 Mexico Rural Water Projects 

15 SEC. 1041. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Northwestern New 

17 Mexico Rural Water Projects Act’’. 

18 SEC. 1042. DEFINITIONS. 

19 In this subtitle: 

20 (1) AAMODT ADJUDICATION.—The term 

21 ‘‘Aamodt adjudication’’ means the general stream 

22 adjudication that is the subject of the civil action en23 titled ‘‘State of New Mexico, ex rel. State Engineer 

24 and United States of America, Pueblo de Nambe, 

25 Pueblo de Pojoaque, Pueblo de San Ildefonso, and 


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1 Pueblo de Tesuque v. R. Lee Aamodt, et al.’’, No. 

2 66 CV 6639 MV/LCS (D.N.M.). 

3 (2) ABEYTA ADJUDICATION.—The term 

4 ‘‘Abeyta adjudication’’ means the general stream ad5 judication that is the subject of the civil actions enti6 tled ‘‘State of New Mexico v. Abeyta and State of 

7 New Mexico v. Arrellano’’, Civil Nos. 7896–BB 

8 (D.N.M) and 7939–BB (D.N.M.) (consolidated). 

9 (3) ACRE-FEET.—The term ‘‘acre-feet’’ means 

10 acre-feet per year. 

11 (4) AGREEMENT.—The term ‘‘Agreement’’ 

12 means the agreement among the State of New Mex13 ico, the Nation, and the United States setting forth 

14 a stipulated and binding agreement signed by the 

15 State of New Mexico and the Nation on April 19, 

16 2005. 

17 (5) ALLOTTEE.—The ‘‘allottee’’ means a person 

18 that holds a beneficial real property interest in a 

19 Navajo allotment that— 

20 (A) is located within the Navajo Reserva21 tion or the State of New Mexico; 

22 (B) is held in trust by the United States; 

23 and 


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1 (C) was originally granted to an individual 

2 member of the Nation by public land order or 

3 otherwise. 

4 (6) ANIMAS-LA PLATA PROJECT.—The term 

5 ‘‘Animas-La Plata Project’’ has the meaning given 

6 the term in section 3 of Public Law 100–585 (102 

7 Stat. 2973), including Ridges Basin Dam, Lake 

8 Nighthorse, the Navajo Nation Municipal Pipeline, 

9 and any other features or modifications made pursu10 ant to the Colorado Ute Settlement Act Amend11 ments of 2000 (Public Law 106–554; 114 Stat. 

12 2763A–258). 

13 (7) CITY.—The term ‘‘City’’ means the city of 

14 Gallup, New Mexico, or a designee of the City, with 

15 authority to provide water to the Gallup, New Mex16 ico service area. 

17 (8) COMPACT.—The term ‘‘Compact’’ means 

18 the Upper Colorado River Basin Compact as con19 sented to by the Act of April 6, 1949 (63 Stat. 31, 

20 chapter 48). 

21 (9) CONTRACT.—The term ‘‘Contract’’ means 

22 the contract between the United States and the Na23 tion setting forth certain commitments, rights, and 

24 obligations of the United States and the Nation, as 

25 described in paragraph 6.0 of the Agreement. 


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1 (10) DEPLETION.—The term ‘‘depletion’’ 

2 means the depletion of the flow of the San Juan 

3 River stream system in the State of New Mexico by 

4 a particular use of water (including any depletion in5 cident to the use) and represents the diversion from 

6 the stream system by the use, less return flows to 

7 the stream system from the use. 

8 (11) DRAFT IMPACT STATEMENT.—The term 

9 ‘‘Draft Impact Statement’’ means the draft environ10 mental impact statement prepared by the Bureau of 

11 Reclamation for the Project dated March 2007. 

12 (12) FUND.—The term ‘‘Fund’’ means the Rec13 lamation Waters Settlements Fund established by 

14 section 1061(a). 

15 (13) HYDROLOGIC DETERMINATION.—The term 

16 ‘‘hydrologic determination’’ means the hydrologic de17 termination entitled ‘‘Water Availability from Nav18 ajo Reservoir and the Upper Colorado River Basin 

19 for Use in New Mexico,’’ prepared by the Bureau of 

20 Reclamation pursuant to section 11 of the Act of 

21 June 13, 1962 (Public Law 87–483; 76 Stat. 99), 

22 and dated May 23, 2007. 

23 (14) NATION.—The term ‘‘Nation’’ means the 

24 Navajo Nation, a body politic and federally-recog25 nized Indian nation as provided for in section 101(2) 


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1 of the Federally Recognized Indian Tribe List of 

2 1994 (25 U.S.C. 497a(2)), also known variously as 

3 the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, 

4 New Mexico & Utah,’’ and the ‘‘Navajo Tribe of In5 dians’’ and other similar names, and includes all 

6 bands of Navajo Indians and chapters of the Navajo 

7 Nation. 

8 (15) NAVAJO-GALLUP WATER SUPPLY PROJECT; 

9 PROJECT.—The term ‘‘Navajo-Gallup Water Supply 

10 Project’’ or ‘‘Project’’ means the Navajo-Gallup 

11 Water Supply Project authorized under section 

12 1072(a), as described as the preferred alternative in 

13 the Draft Impact Statement. 

14 (16) NAVAJO INDIAN IRRIGATION PROJECT.— 

15 The term ‘‘Navajo Indian Irrigation Project’’ means 

16 the Navajo Indian irrigation project authorized by 

17 section 2 of Public Law 87–483 (76 Stat. 96). 

18 (17) NAVAJO RESERVOIR.—The term ‘‘Navajo 

19 Reservoir’’ means the reservoir created by the im20 poundment of the San Juan River at Navajo Dam, 

21 as authorized by the Act of April 11, 1956 (com22 monly known as the ‘‘Colorado River Storage 

23 Project Act’’) (43 U.S.C. 620 et seq.). 

24 (18) NAVAJO NATION MUNICIPAL PIPELINE; 

25 PIPELINE.—The term ‘‘Navajo Nation Municipal 


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1 Pipeline’’ or ‘‘Pipeline’’ means the pipeline used to 

2 convey the water of the Animas-La Plata Project of 

3 the Navajo Nation from the City of Farmington, 

4 New Mexico, to communities of the Navajo Nation 

5 located in close proximity to the San Juan River 

6 Valley in the State of New Mexico (including the 

7 City of Shiprock), as authorized by section 15(b) of 

8 the Colorado Ute Indian Water Rights Settlement 

9 Act of 1988 (Public Law 100–585; 102 Stat. 2973; 

10 114 Stat. 2763A–263). 

11 (19) NON-NAVAJO IRRIGATION DISTRICTS.— 

12 The term ‘‘Non-Navajo Irrigation Districts’’ 

13 means— 

14 (A) the Hammond Conservancy District; 

15 (B) the Bloomfield Irrigation District; and 

16 (C) any other community ditch organiza17 tion in the San Juan River basin in the State 

18 of New Mexico. 

19 (20) PARTIAL FINAL DECREE.—The term ‘‘Par20 tial Final Decree’’ means a final and binding judge21 ment and decree entered by a court in the stream 

22 adjudication, setting forth the rights of the Nation 

23 to use and administer waters of the San Juan River 

24 Basin in New Mexico, as set forth in Appendix 1 of 

25 the Agreement. 


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1 (21) PROJECT PARTICIPANTS.—The term 

2 ‘‘Project Participants’’ means the City, the Nation, 

3 and the Jicarilla Apache Nation. 

4 (22) SAN JUAN RIVER BASIN RECOVERY IMPLE5 MENTATION PROGRAM.—The term ‘‘San Juan River 

6 Basin Recovery Implementation Program’’ means 

7 the intergovernmental program established pursuant 

8 to the cooperative agreement dated October 21, 

9 1992 (including any amendments to the program). 

10 (23) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of the Interior, acting through 

12 the Commissioner of Reclamation or any other des13 ignee. 

14 (24) STREAM ADJUDICATION.—The term 

15 ‘‘stream adjudication’’ means the general stream ad16 judication that is the subject of New Mexico v. 

17 United States, et al., No. 75–185 (11th Jud. Dist., 

18 San Juan County, New Mexico) (involving claims to 

19 waters of the San Juan River and the tributaries of 

20 that river). 

21 (25) SUPPLEMENTAL PARTIAL FINAL DE22 CREE.—The term ‘‘Supplemental Partial Final De23 cree’’ means a final and binding judgement and de24 cree entered by a court in the stream adjudication, 


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1 setting forth certain water rights of the Nation, as 

2 set forth in Appendix 2 of the Agreement. 

3 (26) TRUST FUND.—The term ‘‘Trust Fund’’ 

4 means the Navajo Nation Water Resources Develop5 ment Trust Fund established by section 1082(a). 

6 SEC. 1043. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

7 (a) EFFECT OF EXECUTION OF AGREEMENT.—The 

8 execution of the Agreement under section 1081(a)(2) shall 

9 not constitute a major Federal action under the National 

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

11 seq.). 

12 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

13 carrying out this subtitle, the Secretary shall comply with 

14 each law of the Federal Government relating to the protec15 tion of the environment, including— 

16 (1) the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.); and 

18 (2) the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.). 

20 SEC. 1044. NO REALLOCATION OF COSTS. 

21 (a) EFFECT OF ACT.—Notwithstanding any other 

22 provision of law, the Secretary shall not reallocate or reas23 sign any costs of projects that have been authorized under 

24 the Act of April 11, 1956 (commonly known as the ‘‘ColoVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 rado River Storage Project Act’’) (43 U.S.C. 620 et seq.), 

2 as of the date of enactment of this Act because of— 

3 (1) the authorization of the Navajo-Gallup 

4 Water Supply Project under this subtitle; or 

5 (2) the changes in the uses of the water di6 verted by the Navajo Indian Irrigation Project or 

7 the waters stored in the Navajo Reservoir authorized 

8 under this subtitle. 

9 (b) USE OF POWER REVENUES.—Notwithstanding 

10 any other provision of law, no power revenues under the 

11 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

12 River Storage Project Act’’) (43 U.S.C. 620 et seq.), shall 

13 be used to pay or reimburse any costs of the Navajo In14 dian Irrigation Project or Navajo-Gallup Water Supply 

15 Project. 

16 SEC. 1045. INTEREST RATE. 

17 Notwithstanding any other provision of law, the inter18 est rate applicable to any repayment contract entered into 

19 under section 1074 shall be equal to the discount rate for 

20 Federal water resources planning, as determined by the 

21 Secretary. 


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1 PART I—AMENDMENTS TO THE COLORADO 

2 RIVER STORAGE PROJECT ACT AND PUBLIC 

3 LAW 87–483 

4 SEC. 1051. AMENDMENTS TO THE COLORADO RIVER STOR5 AGE PROJECT ACT. 

6 (a) PARTICIPATING PROJECTS.—Paragraph (2) of 

7 the first section of the Act of April 11, 1956 (commonly 

8 known as the ‘‘Colorado River Storage Project Act’’) (43 

9 U.S.C. 620(2)) is amended by inserting ‘‘the Navajo-Gal10 lup Water Supply Project,’’ after ‘‘Fruitland Mesa,’’. 

11 (b) NAVAJO RESERVOIR WATER BANK.—The Act of 

12 April 11, 1956 (commonly known as the ‘‘Colorado River 

13 Storage Project Act’’) is amended— 

14 (1) by redesignating section 16 (43 U.S.C. 

15 620o) as section 17; and 

16 (2) by inserting after section 15 (43 U.S.C. 

17 620n) the following: 

18 ‘‘SEC. 16. (a) The Secretary of the Interior may cre19 ate and operate within the available capacity of Navajo 

20 Reservoir a top water bank. 

21 ‘‘(b) Water made available for the top water bank in 

22 accordance with subsections (c) and (d) shall not be sub23 ject to section 11 of Public Law 87–483 (76 Stat. 99). 

24 ‘‘(c) The top water bank authorized under subsection 

25 (a) shall be operated in a manner that— 


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1 ‘‘(1) is consistent with applicable law, except 

2 that, notwithstanding any other provision of law, 

3 water for purposes other than irrigation may be 

4 stored in the Navajo Reservoir pursuant to the rules 

5 governing the top water bank established under this 

6 section; and 

7 ‘‘(2) does not impair the ability of the Secretary 

8 of the Interior to deliver water under contracts en9 tered into under— 

10 ‘‘(A) Public Law 87–483 (76 Stat. 96); 

11 and 

12 ‘‘(B) New Mexico State Engineer File Nos. 

13 2847, 2848, 2849, and 2917. 

14 ‘‘(d)(1) The Secretary of the Interior, in cooperation 

15 with the State of New Mexico (acting through the Inter16 state Stream Commission), shall develop any terms and 

17 procedures for the storage, accounting, and release of 

18 water in the top water bank that are necessary to comply 

19 with subsection (c). 

20 ‘‘(2) The terms and procedures developed under para21 graph (1) shall include provisions requiring that— 

22 ‘‘(A) the storage of banked water shall be sub23 ject to approval under State law by the New Mexico 

24 State Engineer to ensure that impairment of any ex25 isting water right does not occur, including storage 


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1 of water under New Mexico State Engineer File No. 

2 2849; 

3 ‘‘(B) water in the top water bank be subject to 

4 evaporation and other losses during storage; 

5 ‘‘(C) water in the top water bank be released 

6 for delivery to the owner or assigns of the banked 

7 water on request of the owner, subject to reasonable 

8 scheduling requirements for making the release; 

9 ‘‘(D) water in the top water bank be the first 

10 water spilled or released for flood control purposes 

11 in anticipation of a spill, on the condition that top 

12 water bank water shall not be released or included 

13 for purposes of calculating whether a release should 

14 occur for purposes of satisfying the flow rec15 ommendations of the San Juan River Basin Recov16 ery Implementation Program; and 

17 ‘‘(E) water eligible for banking in the top water 

18 bank shall be water that otherwise would have been 

19 diverted and beneficially used in New Mexico that 

20 year. 

21 ‘‘(e) The Secretary of the Interior may charge fees 

22 to water users that use the top water bank in amounts 

23 sufficient to cover the costs incurred by the United States 

24 in administering the water bank.’’. 


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1 SEC. 1052. AMENDMENTS TO PUBLIC LAW 87–483. 

2 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

3 Law 87-483 (76 Stat. 96) is amended by striking section 

4 2 and inserting the following: 

5 ‘‘SEC. 2. (a) In accordance with the Act of April 11, 

6 1956 (commonly known as the ‘Colorado River Storage 

7 Project Act’) (43 U.S.C. 620 et seq.), the Secretary of 

8 the Interior is authorized to construct, operate, and main9 tain the Navajo Indian Irrigation Project to provide irriga10 tion water to a service area of not more than 110,630 

11 acres of land. 

12 ‘‘(b)(1) Subject to paragraph (2), the average annual 

13 diversion by the Navajo Indian Irrigation Project from the 

14 Navajo Reservoir over any consecutive 10-year period shall 

15 be the lesser of— 

16 ‘‘(A) 508,000 acre-feet per year; or 

17 ‘‘(B) the quantity of water necessary to supply 

18 an average depletion of 270,000 acre-feet per year. 

19 ‘‘(2) The quantity of water diverted for any 1 year 

20 shall not exceed the average annual diversion determined 

21 under paragraph (1) by more than 15 percent. 

22 ‘‘(c) In addition to being used for irrigation, the 

23 water diverted by the Navajo Indian Irrigation Project 

24 under subsection (b) may be used within the area served 

25 by Navajo Indian Irrigation Project facilities for the fol26 lowing purposes: 


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1 ‘‘(1) Aquaculture purposes, including the 

2 rearing of fish in support of the San Juan River 

3 Basin Recovery Implementation Program authorized 

4 by Public Law 106–392 (114 Stat. 1602). 

5 ‘‘(2) Domestic, industrial, or commercial pur6 poses relating to agricultural production and proc7 essing. 

8 ‘‘(3)(A) The generation of hydroelectric power 

9 as an incident to the diversion of water by the Nav10 ajo Indian Irrigation Project for authorized pur11 poses. 

12 ‘‘(B) Notwithstanding any other provision of 

13 law— 

14 ‘‘(i) any hydroelectric power generated 

15 under this paragraph shall be used or marketed 

16 by the Navajo Nation; 

17 ‘‘(ii) the Navajo Nation shall retain any 

18 revenues from the sale of the hydroelectric 

19 power; and 

20 ‘‘(iii) the United States shall have no trust 

21 obligation to monitor, administer, or account 

22 for the revenues received by the Navajo Nation, 

23 or the expenditure of the revenues. 

24 ‘‘(4) The implementation of the alternate water 

25 source provisions described in subparagraph 9.2 of 


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1 the agreement executed under section 1081(a)(2) of 

2 the Northwestern New Mexico Rural Water Projects 

3 Act. 

4 ‘‘(d) The Navajo Indian Irrigation Project water di5 verted under subsection (b) may be transferred to areas 

6 located within or outside the area served by Navajo Indian 

7 Irrigation Project facilities, and within or outside the 

8 boundaries of the Navajo Nation, for any beneficial use 

9 in accordance with— 

10 ‘‘(1) the agreement executed under section 

11 1081(a)(2) of the Northwestern New Mexico Rural 

12 Water Projects Act; 

13 ‘‘(2) the contract executed under section 

14 1074(a)(2)(B) of that Act; and 

15 ‘‘(3) any other applicable law. 

16 ‘‘(e) The Secretary may use the capacity of the Nav17 ajo Indian Irrigation Project works to convey water sup18 plies for— 

19 ‘‘(1) the Navajo-Gallup Water Supply Project 

20 under section 1072 of the Northwestern New Mexico 

21 Rural Water Projects Act; or 

22 ‘‘(2) other nonirrigation purposes authorized 

23 under subsection (c) or (d). 

24 ‘‘(f)(1) Repayment of the costs of construction of the 

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1 ance with the Act of April 11, 1956 (commonly known 

2 as the ‘Colorado River Storage Project Act’) (43 U.S.C. 

3 620 et seq.), including section 4(d) of that Act. 

4 ‘‘(2) The Secretary shall not reallocate, or require re5 payment of, construction costs of the Navajo Indian Irri6 gation Project because of the conveyance of water supplies 

7 for nonirrigation purposes under subsection (e).’’. 

8 (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of 

9 Public Law 87–483 (76 Stat. 100) is amended by adding 

10 at the end the following: 

11 ‘‘(d)(1) For purposes of implementing in a year of 

12 prospective shortage the water allocation procedures es13 tablished by subsection (a), the Secretary of the Interior 

14 shall determine the quantity of any shortages and the ap15 propriate apportionment of water using the normal diver16 sion requirements on the flow of the San Juan River origi17 nating above Navajo Dam based on the following criteria: 

18 ‘‘(A) The quantity of diversion or water delivery 

19 for the current year anticipated to be necessary to 

20 irrigate land in accordance with cropping plans pre21 pared by contractors. 

22 ‘‘(B) The annual diversion or water delivery de23 mands for the current year anticipated for non-irri24 gation uses under water delivery contracts, including 

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1 ico Rural Water Projects Act, but excluding any cur2 rent demand for surface water for placement into 

3 aquifer storage for future recovery and use. 

4 ‘‘(C) An annual normal diversion demand of 

5 135,000 acre-feet for the initial stage of the San 

6 Juan-Chama Project authorized by section 8. 

7 ‘‘(2) The Secretary shall not include in the normal 

8 diversion requirements— 

9 ‘‘(A) the quantity of water that reliably can be 

10 anticipated to be diverted or delivered under a con11 tract from inflows to the San Juan River arising 

12 below Navajo Dam under New Mexico State Engi13 neer File No. 3215; or 

14 ‘‘(B) the quantity of water anticipated to be 

15 supplied through reuse. 

16 ‘‘(e)(1) If the Secretary determines that there is a 

17 shortage of water under subsection (a), the Secretary shall 

18 respond to the shortage in the Navajo Reservoir water 

19 supply by curtailing releases and deliveries in the following 

20 order: 

21 ‘‘(A) The demand for delivery for uses in the 

22 State of Arizona under the Navajo-Gallup Water 

23 Supply Project authorized by section 1073 of the 

24 Northwestern New Mexico Rural Water Projects 

25 Act, excluding the quantity of water anticipated to 


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1 be diverted for the uses from inflows to the San 

2 Juan River that arise below Navajo Dam in accord3 ance with New Mexico State Engineer File No. 

4 3215. 

5 ‘‘(B) The demand for delivery for uses allocated 

6 under paragraph 8.2 of the agreement executed 

7 under section 1081(a)(2) of the Northwestern New 

8 Mexico Rural Water Projects Act, excluding the 

9 quantity of water anticipated to be diverted for such 

10 uses under State Engineer File No. 3215. 

11 ‘‘(C) The uses in the State of New Mexico that 

12 are determined under subsection (d), in accordance 

13 with the procedure for apportioning the water supply 

14 under subsection (a). 

15 ‘‘(2) For any year for which the Secretary determines 

16 and responds to a shortage in the Navajo Reservoir water 

17 supply, the Secretary shall not deliver, and contractors of 

18 the water supply shall not divert, any of the water supply 

19 for placement into aquifer storage for future recovery and 

20 use. 

21 ‘‘(3) To determine the occurrence and amount of any 

22 shortage to contracts entered into under this section, the 

23 Secretary shall not include as available storage any water 

24 stored in a top water bank in Navajo Reservoir established 


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1 under section 16(a) of the Act of April 11, 1956 (com2 monly known as the ‘Colorado River Storage Project Act’). 

3 ‘‘(f) The Secretary of the Interior shall apportion 

4 water under subsections (a), (d), and (e) on an annual 

5 volume basis. 

6 ‘‘(g) The Secretary of the Interior may revise a deter7 mination of shortages, apportionments, or allocations of 

8 water under subsections (a), (d), and (e) on the basis of 

9 information relating to water supply conditions that was 

10 not available at the time at which the determination was 

11 made. 

12 ‘‘(h) Nothing in this section prohibits the distribution 

13 of water in accordance with cooperative water agreements 

14 between water users providing for a sharing of water sup15 plies. 

16 ‘‘(i) Diversions under New Mexico State Engineer 

17 File No. 3215 shall be distributed, to the maximum extent 

18 water is available, in proportionate amounts to the diver19 sion demands of contractors and subcontractors of the 

20 Navajo Reservoir water supply that are diverting water 

21 below Navajo Dam.’’. 

22 SEC. 1053. EFFECT ON FEDERAL WATER LAW. 

23 Unless expressly provided in this subtitle, nothing in 

24 this subtitle modifies, conflicts with, preempts, or other25 wise affects— 


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1 (1) the Boulder Canyon Project Act (43 U.S.C. 

2 617 et seq.); 

3 (2) the Boulder Canyon Project Adjustment Act 

4 (54 Stat. 774, chapter 643); 

5 (3) the Act of April 11, 1956 (commonly known 

6 as the ‘‘Colorado River Storage Project Act’’) (43 

7 U.S.C. 620 et seq.); 

8 (4) the Act of September 30, 1968 (commonly 

9 known as the ‘‘Colorado River Basin Project Act’’) 

10 (82 Stat. 885); 

11 (5) Public Law 87–483 (76 Stat. 96); 

12 (6) the Treaty between the United States of 

13 America and Mexico representing utilization of wa14 ters of the Colorado and Tijuana Rivers and of the 

15 Rio Grande, signed at Washington February 3, 1944 

16 (59 Stat. 1219); 

17 (7) the Colorado River Compact of 1922, as ap18 proved by the Presidential Proclamation of June 25, 

19 1929 (46 Stat. 3000); 

20 (8) the Compact; 

21 (9) the Act of April 6, 1949 (63 Stat. 31, chap22 ter 48); 

23 (10) the Jicarilla Apache Tribe Water Rights 

24 Settlement Act (106 Stat. 2237); or 


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1 (11) section 205 of the Energy and Water De2 velopment Appropriations Act, 2005 (118 Stat. 

3 2949). 

4 PART II—RECLAMATION WATER SETTLEMENTS 

5 FUND 

6 SEC. 1061. RECLAMATION WATER SETTLEMENTS FUND. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Treasury of the United States a fund, to be known as the 

9 ‘‘Reclamation Water Settlements Fund’’, consisting of— 

10 (1) such amounts as are deposited to the Fund 

11 under subsection (b); and 

12 (2) any interest earned on investment of 

13 amounts in the Fund under subsection (d). 

14 (b) DEPOSITS TO FUND.— 

15 (1) IN GENERAL.—For each of fiscal years 

16 2009 through 2023, the Secretary of the Treasury 

17 shall deposit in the Fund, if available, $120,000,000 

18 of the revenues that would otherwise be deposited 

19 for the fiscal year in the fund established by the 

20 first section of the Act of June 17, 1902 (32 Stat. 

21 388, chapter 1093). 

22 (2) AVAILABILITY OF AMOUNTS.—Amounts de23 posited in the Fund under paragraph (1) shall be 

24 made available pursuant to this section— 

25 (A) without further appropriation; and 


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1 (B) in addition to amounts appropriated 

2 pursuant to any authorization contained in any 

3 other provision of law. 

4 (c) EXPENDITURES FROM FUND.— 

5 (1) IN GENERAL.— 

6 (A) EXPENDITURES.—Subject to subpara7 graph (B), for each of fiscal years 2009 

8 through 2028, the Secretary may expend from 

9 the Fund an amount not to exceed 

10 $120,000,000, plus the interest accrued in the 

11 Fund, for the fiscal year in which expenditures 

12 are made pursuant to paragraphs (2) and (3). 

13 (B) ADDITIONAL EXPENDITURES.—The 

14 Secretary may expend more than $120,000,000 

15 for any fiscal year if such amounts are available 

16 in the Fund due to expenditures not reaching 

17 $120,000,000 for prior fiscal years. 

18 (2) AUTHORITY.—The Secretary may expend 

19 money from the Fund to implement a settlement 

20 agreement approved by Congress that resolves, in 

21 whole or in part, litigation involving the United 

22 States, if the settlement agreement or implementing 

23 legislation requires the Bureau of Reclamation to 

24 provide financial assistance for, or plan, design, and 

25 construct— 


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1 (A) water supply infrastructure; or 

2 (B) a project— 

3 (i) to rehabilitate a water delivery sys4 tem to conserve water; or 

5 (ii) to restore fish and wildlife habitat 

6 or otherwise improve environmental condi7 tions associated with or affected by, or lo8 cated within the same river basin as, a 

9 Federal reclamation project that is in ex10 istence on the date of enactment of this 

11 Act. 

12 (3) USE FOR COMPLETION OF PROJECT AND

13 OTHER SETTLEMENTS.— 

14 (A) PRIORITIES.— 

15 (i) FIRST PRIORITY.— 

16 (I) IN GENERAL.—The first pri17 ority for expenditure of amounts in 

18 the Fund during the entire period in 

19 which the Fund is in existence shall 

20 be for the purposes described in, and 

21 in the order of, clauses (i) through 

22 (iv) of subparagraph (B). 

23 (II) RESERVED AMOUNTS.—The 

24 Secretary shall reserve amounts deVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 posited into the Fund in accordance 

2 with subclause (I). 

3 (ii) OTHER PURPOSES.—Any amounts 

4 in the Fund that are not needed for the 

5 purposes described in subparagraph (B) 

6 may be used for other purposes authorized 

7 in paragraph (2). 

8 (B) COMPLETION OF PROJECT.— 

9 (i) NAVAJO-GALLUP WATER SUPPLY

10 PROJECT.— 

11 (I) IN GENERAL.—Subject to 

12 subclause (II), effective beginning 

13 January 1, 2009, if, in the judgment 

14 of the Secretary on an annual basis 

15 the deadline described in section 

16 1081(f)(1)(A)(ix) is unlikely to be met 

17 because a sufficient amount of fund18 ing is not otherwise available through 

19 appropriations made available pursu20 ant to section 1079(a), the Secretary 

21 shall expend from the Fund such 

22 amounts on an annual basis con23 sistent with paragraphs (1) and (2), 

24 as are necessary to pay the Federal 

25 share of the costs, and substantially 


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1 complete as expeditiously as prac2 ticable, the construction of the water 

3 supply infrastructure authorized as 

4 part of the Project. 

5 (II) MAXIMUM AMOUNT.— 

6 (aa) IN GENERAL.—Except 

7 as provided under item (bb), the 

8 amount expended under sub9 clause (I) shall not exceed 

10 $500,000,000 for the period of 

11 fiscal years 2009 through 2018. 

12 (bb) EXCEPTION.—The limi13 tation on the expenditure amount 

14 under item (aa) may be exceeded 

15 during the entire period in which 

16 the Fund is in existence. 

17 (ii) OTHER NEW MEXICO SETTLE18 MENTS.— 

19 (I) IN GENERAL.—Subject to 

20 subclause (II), effective beginning 

21 January 1, 2009, in addition to the 

22 funding made available under clause 

23 (i), if in the judgment of the Sec24 retary on an annual basis a sufficient 

25 amount of funding is not otherwise 


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1 available through annual appropria2 tions, the Secretary shall expend from 

3 the Fund such amounts on an annual 

4 basis consistent with paragraphs (1) 

5 and (2), as are necessary to pay the 

6 Federal share of the costs of imple7 menting the Indian water rights set8 tlement agreements entered into by 

9 the State of New Mexico in the 

10 Aamodt adjudication and the Abeyta 

11 adjudication, if such settlements are 

12 subsequently approved and authorized 

13 by an Act of Congress. 

14 (II) MAXIMUM AMOUNT.—The 

15 amount expended under subclause (I) 

16 shall not exceed $250,000,000. 

17 (iii) MONTANA SETTLEMENTS.— 

18 (I) IN GENERAL.—Subject to 

19 subclause (II), effective beginning 

20 January 1, 2009, in addition to fund21 ing made available pursuant to 

22 clauses (i) and (ii), if in the judgment 

23 of the Secretary on an annual basis a 

24 sufficient amount of funding is not 

25 otherwise available through annual 


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1 appropriations, the Secretary shall ex2 pend from the Fund such amounts on 

3 an annual basis consistent with para4 graphs (1) and (2), as are necessary 

5 to pay the Federal share of the costs 

6 of implementing Indian water rights 

7 settlement agreements entered into by 

8 the State of Montana with the Black9 feet Tribe, the Crow Tribe, or the 

10 Gros Ventre and Assiniboine Tribes of 

11 the Fort Belknap Indian Reservation 

12 in the judicial proceeding entitled ‘‘In 

13 re the General Adjudication of All the 

14 Rights to Use Surface and Ground15 water in the State of Montana’’, if a 

16 settlement or settlements are subse17 quently approved and authorized by 

18 an Act of Congress. 

19 (II) MAXIMUM AMOUNT.— 

20 (aa) IN GENERAL.—Except 

21 as provided under item (bb), the 

22 amount expended under sub23 clause (I) shall not exceed 

24 $350,000,000 for the period of 

25 fiscal years 2009 through 2018. 


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1 (bb) EXCEPTION.—The limi2 tation on the expenditure amount 

3 under item (aa) may be exceeded 

4 during the entire period in which 

5 the Fund is in existence. 

6 (cc) OTHER FUNDING.—The 

7 Secretary shall ensure that any 

8 such funding shall be provided in 

9 a manner that does not limit the 

10 funding available pursuant to 

11 clauses (i) and (ii). 

12 (iv) ARIZONA SETTLEMENT.— 

13 (I) IN GENERAL.—Subject to 

14 subclause (II), effective beginning 

15 January 1, 2009, in addition to fund16 ing made available pursuant to 

17 clauses (i), (ii), and (iii), if in the 

18 judgment of the Secretary on an an19 nual basis a sufficient amount of 

20 funding is not otherwise available 

21 through annual appropriations, the 

22 Secretary shall expend from the Fund 

23 such amounts on an annual basis con24 sistent with paragraphs (1) and (2), 

25 as are necessary to pay the Federal 


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1 share of the costs of implementing an 

2 Indian water rights settlement agree3 ment entered into by the State of Ari4 zona with the Navajo Nation to re5 solve the water rights claims of the 

6 Nation in the Lower Colorado River 

7 basin in Arizona, if a settlement is 

8 subsequently approved and authorized 

9 by an Act of Congress. 

10 (II) MAXIMUM AMOUNT.— 

11 (aa) IN GENERAL.—Except 

12 as provided under item (bb), the 

13 amount expended under sub14 clause (I) shall not exceed 

15 $100,000,000 for the period of 

16 fiscal years 2009 through 2018. 

17 (bb) EXCEPTION.—The limi18 tation on the expenditure amount 

19 under item (aa) may be exceeded 

20 during the entire period in which 

21 the Fund is in existence. 

22 (cc) OTHER FUNDING.—The 

23 Secretary shall ensure that any 

24 such funding shall be provided in 

25 a manner that does not limit the 


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1 funding available pursuant to 

2 clauses (i) and (ii). 

3 (C) REVERSION.—If the settlements de4 scribed in clauses (ii) through (iv) of subpara5 graph (B) have not been approved and author6 ized by an Act of Congress by December 31, 

7 2014, the amounts reserved for the settlements 

8 shall no longer be reserved by the Secretary 

9 pursuant to subparagraph (A)(i) and shall re10 vert to the Fund for any authorized use, as de11 termined by the Secretary. 

12 (d) INVESTMENT OF AMOUNTS.— 

13 (1) IN GENERAL.—The Secretary shall invest 

14 such portion of the Fund as is not, in the judgment 

15 of the Secretary, required to meet current with16 drawals. 

17 (2) CREDITS TO FUND.—The interest on, and 

18 the proceeds from the sale or redemption of, any ob19 ligations held in the Fund shall be credited to, and 

20 form a part of, the Fund. 

21 (e) TRANSFERS OF AMOUNTS.— 

22 (1) IN GENERAL.—The amounts required to be 

23 transferred to the Fund under this section shall be 

24 transferred at least monthly from the general fund 


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1 of the Treasury to the Fund on the basis of esti2 mates made by the Secretary of the Treasury. 

3 (2) ADJUSTMENTS.—Proper adjustment shall 

4 be made in amounts subsequently transferred to the 

5 extent prior estimates were in excess of or less than 

6 the amounts required to be transferred. 

7 (f) TERMINATION.—On September 30, 2028— 

8 (1) the Fund shall terminate; and 

9 (2) the unexpended and unobligated balance of 

10 the Fund shall be transferred to the appropriate 

11 fund of the Treasury. 

12 PART III—NAVAJO-GALLUP WATER SUPPLY 

13 PROJECT 

14 SEC. 1071. PURPOSES. 

15 The purposes of this part are— 

16 (1) to authorize the Secretary to construct, op17 erate, and maintain the Navajo-Gallup Water Supply 

18 Project; 

19 (2) to allocate the capacity of the Project 

20 among the Nation, the City, and the Jicarilla 

21 Apache Nation; and 

22 (3) to authorize the Secretary to enter into 

23 Project repayment contracts with the City and the 

24 Jicarilla Apache Nation. 


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1 SEC. 1072. AUTHORIZATION OF NAVAJO-GALLUP WATER 

2 SUPPLY PROJECT. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Commissioner of Reclamation, is authorized to design, 

5 construct, operate, and maintain the Project in substantial 

6 accordance with the preferred alternative in the Draft Im7 pact Statement. 

8 (b) PROJECT FACILITIES.—To provide for the deliv9 ery of San Juan River water to Project Participants, the 

10 Secretary may construct, operate, and maintain the 

11 Project facilities described in the preferred alternative in 

12 the Draft Impact Statement, including: 

13 (1) A pumping plant on the San Juan River in 

14 the vicinity of Kirtland, New Mexico. 

15 (2)(A) A main pipeline from the San Juan 

16 River near Kirtland, New Mexico, to Shiprock, New 

17 Mexico, and Gallup, New Mexico, which follows 

18 United States Highway 491. 

19 (B) Any pumping plants associated with the 

20 pipeline authorized under subparagraph (A). 

21 (3)(A) A main pipeline from Cutter Reservoir 

22 to Ojo Encino, New Mexico, which follows United 

23 States Highway 550. 

24 (B) Any pumping plants associated with the 

25 pipeline authorized under subparagraph (A). 


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1 (4)(A) Lateral pipelines from the main pipelines 

2 to Nation communities in the States of New Mexico 

3 and Arizona. 

4 (B) Any pumping plants associated with the 

5 pipelines authorized under subparagraph (A). 

6 (5) Any water regulation, storage or treatment 

7 facility, service connection to an existing public 

8 water supply system, power substation, power dis9 tribution works, or other appurtenant works (includ10 ing a building or access road) that is related to the 

11 Project facilities authorized by paragraphs (1) 

12 through (4), including power transmission facilities 

13 and associated wheeling services to connect Project 

14 facilities to existing high-voltage transmission facili15 ties and deliver power to the Project. 

16 (c) ACQUISITION OF LAND.— 

17 (1) IN GENERAL.—The Secretary is authorized 

18 to acquire any land or interest in land that is nec19 essary to construct, operate, and maintain the 

20 Project facilities authorized under subsection (b). 

21 (2) LAND OF THE PROJECT PARTICIPANTS.—As 

22 a condition of construction of the facilities author23 ized under this part, the Project Participants shall 

24 provide all land or interest in land, as appropriate, 

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1 tion under this subsection at no cost to the Sec2 retary. 

3 (3) LIMITATION.—The Secretary may not con4 demn water rights for purposes of the Project. 

5 (d) CONDITIONS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the Secretary shall not commence con8 struction of the facilities authorized under sub9 section (b) until such time as— 

10 (A) the Secretary executes the Agreement 

11 and the Contract; 

12 (B) the contracts authorized under section 

13 1074 are executed; 

14 (C) the Secretary— 

15 (i) completes an environmental impact 

16 statement for the Project; and 

17 (ii) has issued a record of decision 

18 that provides for a preferred alternative; 

19 and 

20 (D) the Secretary has entered into an 

21 agreement with the State of New Mexico under 

22 which the State of New Mexico will provide a 

23 share of the construction costs of the Project of 

24 not less than $50,000,000, except that the 

25 State of New Mexico shall receive credit for 


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1 funds the State has contributed to construct 

2 water conveyance facilities to the Project Par3 ticipants to the extent that the facilities reduce 

4 the cost of the Project as estimated in the 

5 Draft Impact Statement. 

6 (2) EXCEPTION.—If the Jicarilla Apache Na7 tion elects not to enter into a contract pursuant to 

8 section 1074, the Secretary, after consulting with 

9 the Nation, the City, and the State of New Mexico 

10 acting through the Interstate Stream Commission, 

11 may make appropriate modifications to the scope of 

12 the Project and proceed with Project construction if 

13 all other conditions for construction have been satis14 fied. 

15 (3) EFFECT OF INDIAN SELF-DETERMINATION

16 AND EDUCATION ASSISTANCE ACT.—The Indian 

17 Self-Determination and Education Assistance Act 

18 (25 U.S.C. 450 et seq.) shall not apply to the de19 sign, construction, operation, maintenance, or re20 placement of the Project. 

21 (e) POWER.—The Secretary shall reserve, from exist22 ing reservations of Colorado River Storage Project power 

23 for Bureau of Reclamation projects, up to 26 megawatts 

24 of power for use by the Project. 


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1 (f) CONVEYANCE OF TITLE TO PROJECT FACILI2 TIES.— 

3 (1) IN GENERAL.—The Secretary is authorized 

4 to enter into separate agreements with the City and 

5 the Nation and, on entering into the agreements, 

6 shall convey title to each Project facility or section 

7 of a Project facility authorized under subsection (b) 

8 (including any appropriate interests in land) to the 

9 City and the Nation after— 

10 (A) completion of construction of a Project 

11 facility or a section of a Project facility that is 

12 operating and delivering water; and 

13 (B) execution of a Project operations 

14 agreement approved by the Secretary and the 

15 Project Participants that sets forth— 

16 (i) any terms and conditions that the 

17 Secretary determines are necessary— 

18 (I) to ensure the continuation of 

19 the intended benefits of the Project; 

20 and 

21 (II) to fulfill the purposes of this 

22 part; 

23 (ii) requirements acceptable to the 

24 Secretary and the Project Participants 

25 for— 


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1 (I) the distribution of water 

2 under the Project or section of a 

3 Project facility; and 

4 (II) the allocation and payment 

5 of annual operation, maintenance, and 

6 replacement costs of the Project or 

7 section of a Project facility based on 

8 the proportionate uses of Project fa9 cilities; and 

10 (iii) conditions and requirements ac11 ceptable to the Secretary and the Project 

12 Participants for operating and maintaining 

13 each Project facility on completion of the 

14 conveyance of title, including the require15 ment that the City and the Nation shall— 

16 (I) comply with— 

17 (aa) the Compact; and 

18 (bb) other applicable law; 

19 and 

20 (II) be responsible for— 

21 (aa) the operation, mainte22 nance, and replacement of each 

23 Project facility; and 

24 (bb) the accounting and 

25 management of water conveyance 


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1 and Project finances, as nec2 essary to administer and fulfill 

3 the conditions of the Contract ex4 ecuted under section 

5 1074(a)(2)(B). 

6 (2) EFFECT OF CONVEYANCE.—The conveyance 

7 of title to each Project facility shall not affect the 

8 application of the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.) relating to the use of the 

10 water associated with the Project. 

11 (3) LIABILITY.— 

12 (A) IN GENERAL.—Effective on the date of 

13 the conveyance authorized by this subsection, 

14 the United States shall not be held liable by 

15 any court for damages of any kind arising out 

16 of any act, omission, or occurrence relating to 

17 the land, buildings, or facilities conveyed under 

18 this subsection, other than damages caused by 

19 acts of negligence committed by the United 

20 States, or by employees or agents of the United 

21 States, prior to the date of conveyance. 

22 (B) TORT CLAIMS.—Nothing in this sec23 tion increases the liability of the United States 

24 beyond the liability provided in chapter 171 of 


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1 title 28, United States Code (commonly known 

2 as the ‘‘Federal Tort Claims Act’’). 

3 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

4 later than 45 days before the date of a proposed 

5 conveyance of title to any Project facility, the Sec6 retary shall submit to the Committee on Resources 

7 of the House of Representatives and to the Com8 mittee on Energy and Natural Resources of the Sen9 ate notice of the conveyance of each Project facility. 

10 (g) COLORADO RIVER STORAGE PROJECT POWER.— 

11 The conveyance of Project facilities under subsection (f) 

12 shall not affect the availability of Colorado River Storage 

13 Project power to the Project under subsection (e). 

14 (h) REGIONAL USE OF PROJECT FACILITIES.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 Project facilities constructed under subsection (b) 

17 may be used to treat and convey non-Project water 

18 or water that is not allocated by subsection 1073(b) 

19 if— 

20 (A) capacity is available without impairing 

21 any water delivery to a Project Participant; and 

22 (B) the unallocated or non-Project water 

23 beneficiary— 

24 (i) has the right to use the water; 


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1 (ii) agrees to pay the operation, main2 tenance, and replacement costs assignable 

3 to the beneficiary for the use of the Project 

4 facilities; and 

5 (iii) agrees to pay an appropriate fee 

6 that may be established by the Secretary 

7 to assist in the recovery of any capital cost 

8 allocable to that use. 

9 (2) EFFECT OF PAYMENTS.—Any payments to 

10 the United States or the Nation for the use of un11 used capacity under this subsection or for water 

12 under any subcontract with the Nation or the 

13 Jicarilla Apache Nation shall not alter the construc14 tion repayment requirements or the operation, main15 tenance, and replacement payment requirements of 

16 the Project Participants. 

17 SEC. 1073. DELIVERY AND USE OF NAVAJO-GALLUP WATER 

18 SUPPLY PROJECT WATER. 

19 (a) USE OF PROJECT WATER.— 

20 (1) IN GENERAL.—In accordance with this sub21 title and other applicable law, water supply from the 

22 Project shall be used for municipal, industrial, com23 mercial, domestic, and stock watering purposes. 

24 (2) USE ON CERTAIN LAND.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Nation may use Project water 

3 allocations on— 

4 (i) land held by the United States in 

5 trust for the Nation and members of the 

6 Nation; and 

7 (ii) land held in fee by the Nation. 

8 (B) TRANSFER.—The Nation may transfer 

9 the purposes and places of use of the allocated 

10 water in accordance with the Agreement and 

11 applicable law. 

12 (3) HYDROELECTRIC POWER.— 

13 (A) IN GENERAL.—Hydroelectric power 

14 may be generated as an incident to the delivery 

15 of Project water for authorized purposes under 

16 paragraph (1). 

17 (B) ADMINISTRATION.—Notwithstanding 

18 any other provision of law— 

19 (i) any hydroelectric power generated 

20 under this paragraph shall be used or mar21 keted by the Nation; 

22 (ii) the Nation shall retain any reve23 nues from the sale of the hydroelectric 

24 power; and 


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1 (iii) the United States shall have no 

2 trust obligation or other obligation to mon3 itor, administer, or account for the reve4 nues received by the Nation, or the ex5 penditure of the revenues. 

6 (4) STORAGE.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), any water contracted for delivery 

9 under paragraph (1) that is not needed for cur10 rent water demands or uses may be delivered by 

11 the Project for placement in underground stor12 age in the State of New Mexico for future re13 covery and use. 

14 (B) STATE APPROVAL.—Delivery of water 

15 under subparagraph (A) is subject to— 

16 (i) approval by the State of New Mex17 ico under applicable provisions of State law 

18 relating to aquifer storage and recovery; 

19 and 

20 (ii) the provisions of the Agreement 

21 and this subtitle. 

22 (b) PROJECT WATER AND CAPACITY ALLOCA23 TIONS.— 

24 (1) DIVERSION.—Subject to availability and 

25 consistent with Federal and State law, the Project 


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1 may divert from the Navajo Reservoir and the San 

2 Juan River a quantity of water to be allocated and 

3 used consistent with the Agreement and this sub4 title, that does not exceed in any 1 year, the lesser 

5 of— 

6 (A) 37,760 acre-feet of water; or 

7 (B) the quantity of water necessary to sup8 ply a depletion from the San Juan River of 

9 35,890 acre-feet. 

10 (2) PROJECT DELIVERY CAPACITY ALLOCA11 TIONS.— 

12 (A) IN GENERAL.—The capacity of the 

13 Project shall be allocated to the Project Partici14 pants in accordance with subparagraphs (B) 

15 through (E), other provisions of this subtitle, 

16 and other applicable law. 

17 (B) DELIVERY CAPACITY ALLOCATION TO

18 THE CITY.—The Project may deliver at the 

19 point of diversion from the San Juan River not 

20 more than 7,500 acre-feet of water in any 1 

21 year for which the City has secured rights for 

22 the use of the City. 

23 (C) DELIVERY CAPACITY ALLOCATION TO

24 NAVAJO NATION COMMUNITIES IN NEW MEX25 ICO.—For use by the Nation in the State of 


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1 New Mexico, the Project may deliver water out 

2 of the water rights held by the Secretary for the 

3 Nation and confirmed under this subtitle, at the 

4 points of diversion from the San Juan River or 

5 at Navajo Reservoir in any 1 year, the lesser 

6 of— 

7 (i) 22,650 acre-feet of water; or 

8 (ii) the quantity of water necessary to 

9 supply a depletion from the San Juan 

10 River of 20,780 acre-feet of water. 

11 (D) DELIVERY CAPACITY ALLOCATION TO

12 NAVAJO NATION COMMUNITIES IN ARIZONA.— 

13 Subject to subsection (c), the Project may de14 liver at the point of diversion from the San 

15 Juan River not more than 6,411 acre-feet of 

16 water in any 1 year for use by the Nation in 

17 the State of Arizona. 

18 (E) DELIVERY CAPACITY ALLOCATION TO

19 JICARILLA APACHE NATION.—The Project may 

20 deliver at Navajo Reservoir not more than 

21 1,200 acre-feet of water in any 1 year of the 

22 water rights of the Jicarilla Apache Nation, 

23 held by the Secretary and confirmed by the 

24 Jicarilla Apache Tribe Water Rights Settlement 

25 Act (Public Law 102–441; 106 Stat. 2237), for 


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1 use by the Jicarilla Apache Nation in the south2 ern portion of the Jicarilla Apache Nation Res3 ervation in the State of New Mexico. 

4 (3) USE IN EXCESS OF DELIVERY CAPACITY AL5 LOCATION QUANTITY.—Notwithstanding each deliv6 ery capacity allocation quantity limit described in 

7 subparagraphs (B), (C), and (E) of paragraph (2), 

8 the Secretary may authorize a Project Participant to 

9 exceed the delivery capacity allocation quantity limit 

10 of that Project Participant if— 

11 (A) delivery capacity is available without 

12 impairing any water delivery to any other 

13 Project Participant; and 

14 (B) the Project Participant benefitting 

15 from the increased allocation of delivery capac16 ity— 

17 (i) has the right under applicable law 

18 to use the additional water; 

19 (ii) agrees to pay the operation, main20 tenance, and replacement costs relating to 

21 the additional use of any Project facility; 

22 and 

23 (iii) agrees, if the Project title is held 

24 by the Secretary, to pay a fee established 

25 by the Secretary to assist in recovering 


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1 capital costs relating to that additional 

2 use. 

3 (c) CONDITIONS FOR USE IN ARIZONA.— 

4 (1) REQUIREMENTS.—Project water shall not 

5 be delivered for use by any community of the Nation 

6 located in the State of Arizona under subsection 

7 (b)(2)(D) until— 

8 (A) the Nation and the State of Arizona 

9 have entered into a water rights settlement 

10 agreement approved by an Act of Congress that 

11 specifies the allocation of Colorado River Sys12 tem water to which the use in Arizona will be 

13 charged; and 

14 (B) the Secretary has determined by hy15 drologic investigation that sufficient water is 

16 reasonably likely to be available to supply the 

17 use in the State of Arizona from water of the 

18 Colorado River system allocated to the State. 

19 (2) ACCOUNTING OF USES IN ARIZONA.—Pursu20 ant to paragraph (1), any depletion of water from 

21 the San Juan River stream system in the State of 

22 New Mexico that results from the diversion of water 

23 by the Project for uses within the State of Arizona 

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1 pounding, or conveyance of water in the State of 

2 New Mexico for uses in the State of Arizona)— 

3 (A) shall be accounted for as a part of the 

4 Colorado River System apportionments to the 

5 State of Arizona; and 

6 (B) shall not increase the total quantity of 

7 water to which the State of Arizona is entitled 

8 to use under any compact, statute, or court de9 cree. 

10 (d) FORBEARANCE.— 

11 (1) IN GENERAL.—Subject to paragraphs (2) 

12 and (3), during any year in which a shortage to the 

13 normal diversion requirement for any use relating to 

14 the Project within the State of Arizona occurs (as 

15 determined under section 11 of Public Law 87–483 

16 (76 Stat. 99)), the Nation may temporarily forbear 

17 the delivery of the water supply of the Navajo Res18 ervoir for uses in the State of New Mexico under the 

19 apportionments of water to the Navajo Indian Irri20 gation Project and the normal diversion require21 ments of the Project to allow an equivalent quantity 

22 of water to be delivered from the Navajo Reservoir 

23 water supply for municipal and domestic uses of the 

24 Nation in the State of Arizona under the Project. 


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1 (2) LIMITATION OF FORBEARANCE.—The Na2 tion may forebear the delivery of water under para3 graph (1) of a quantity not exceeding the quantity 

4 of the shortage to the normal diversion requirement 

5 for any use relating to the Project within the State 

6 of Arizona. 

7 (3) EFFECT.—The forbearance of the delivery 

8 of water under paragraph (1) shall be subject to the 

9 requirements in subsection (c). 

10 (e) EFFECT.—Nothing in this subtitle— 

11 (1) authorizes the marketing, leasing, or trans12 fer of the water supplies made available to the Na13 tion under the Contract to non-Navajo water users 

14 in States other than the State of New Mexico; or 

15 (2) authorizes the forbearance of water uses in 

16 the State of New Mexico to allow uses of water in 

17 other States other than as authorized under sub18 section (d). 

19 (f) COLORADO RIVER COMPACTS.—Notwithstanding 

20 any other provision of law— 

21 (1) water may be diverted by the Project from 

22 the San Juan River in the State of New Mexico for 

23 use within New Mexico in the lower basin, as that 

24 term is used in the Colorado River Compact; 


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1 (2) any water diverted under paragraph (1) 

2 shall be a part of, and charged against, the con3 sumptive use apportionment made to the State of 

4 New Mexico by Article III(a) of the Compact and to 

5 the upper basin by Article III(a) of the Colorado 

6 River Compact; and 

7 (3) any water so diverted by the Project into 

8 the lower basin within the State of New Mexico shall 

9 not be credited as water reaching Lee Ferry pursu10 ant to Articles III(c) and III(d) of the Colorado 

11 River Compact. 

12 (g) PAYMENT OF OPERATION, MAINTENANCE, AND

13 REPLACEMENT COSTS.— 

14 (1) IN GENERAL.—The Secretary is authorized 

15 to pay the operation, maintenance, and replacement 

16 costs of the Project allocable to the Project Partici17 pants under section 1074 until the date on which 

18 the Secretary declares any section of the Project to 

19 be substantially complete and delivery of water gen20 erated by, and through, that section of the Project 

21 can be made to a Project participant. 

22 (2) PROJECT PARTICIPANT PAYMENTS.—Begin23 ning on the date described in paragraph (1), each 

24 Project Participant shall pay all allocated operation, 

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1 stantially completed section of the Project, in ac2 cordance with contracts entered into pursuant to 

3 section 1074, except as provided in section 1074(f). 

4 SEC. 1074. PROJECT CONTRACTS. 

5 (a) NAVAJO NATION CONTRACT.— 

6 (1) HYDROLOGIC DETERMINATION.—Congress 

7 recognizes that the Hydrologic Determination nec8 essary to support approval of the Contract has been 

9 completed. 

10 (2) CONTRACT APPROVAL.— 

11 (A) APPROVAL.— 

12 (i) IN GENERAL.—Except to the ex13 tent that any provision of the Contract 

14 conflicts with this subtitle, Congress ap15 proves, ratifies, and confirms the Contract. 

16 (ii) AMENDMENTS.—To the extent 

17 any amendment is executed to make the 

18 Contract consistent with this subtitle, that 

19 amendment is authorized, ratified, and 

20 confirmed. 

21 (B) EXECUTION OF CONTRACT.—The Sec22 retary, acting on behalf of the United States, 

23 shall enter into the Contract to the extent that 

24 the Contract does not conflict with this subtitle 

25 (including any amendment that is required to 


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1 make the Contract consistent with this sub2 title). 

3 (3) NONREIMBURSABILITY OF ALLOCATED

4 COSTS.—The following costs shall be nonreimburs5 able and not subject to repayment by the Nation or 

6 any other Project beneficiary: 

7 (A) Any share of the construction costs of 

8 the Nation relating to the Project authorized by 

9 section 1072(a). 

10 (B) Any costs relating to the construction 

11 of the Navajo Indian Irrigation Project that 

12 may otherwise be allocable to the Nation for 

13 use of any facility of the Navajo Indian Irriga14 tion Project to convey water to each Navajo 

15 community under the Project. 

16 (C) Any costs relating to the construction 

17 of Navajo Dam that may otherwise be allocable 

18 to the Nation for water deliveries under the 

19 Contract. 

20 (4) OPERATION, MAINTENANCE, AND REPLACE21 MENT OBLIGATION.—Subject to subsection (f), the 

22 Contract shall include provisions under which the 

23 Nation shall pay any costs relating to the operation, 

24 maintenance, and replacement of each facility of the 

25 Project that are allocable to the Nation. 


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1 (5) LIMITATION, CANCELLATION, TERMINATION, 

2 AND RESCISSION.—The Contract may be limited by 

3 a term of years, canceled, terminated, or rescinded 

4 only by an Act of Congress. 

5 (b) CITY OF GALLUP CONTRACT.— 

6 (1) CONTRACT AUTHORIZATION.—Consistent 

7 with this subtitle, the Secretary is authorized to 

8 enter into a repayment contract with the City that 

9 requires the City— 

10 (A) to repay, within a 50-year period, the 

11 share of the construction costs of the City relat12 ing to the Project, with interest as provided 

13 under section 1045; and 

14 (B) consistent with section 1073(g), to pay 

15 the operation, maintenance, and replacement 

16 costs of the Project that are allocable to the 

17 City. 

18 (2) CONTRACT PREPAYMENT.— 

19 (A) IN GENERAL.—The contract author20 ized under paragraph (1) may allow the City to 

21 satisfy the repayment obligation of the City for 

22 construction costs of the Project on the pay23 ment of the share of the City prior to the initi24 ation of construction. 


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1 (B) AMOUNT.—The amount of the share 

2 of the City described in subparagraph (A) shall 

3 be determined by agreement between the Sec4 retary and the City. 

5 (C) REPAYMENT OBLIGATION.—Any repay6 ment obligation established by the Secretary 

7 and the City pursuant to subparagraph (A) 

8 shall be subject to a final cost allocation by the 

9 Secretary on project completion and to the limi10 tations set forth in paragraph (3). 

11 (3) SHARE OF CONSTRUCTION COSTS.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary shall determine the 

14 share of the construction costs of the Project 

15 allocable to the City and establish the percent16 age of the allocated construction costs that the 

17 City shall be required to repay pursuant to the 

18 contract entered into under paragraph (1), 

19 based on the ability of the City to pay. 

20 (B) MINIMUM PERCENTAGE.—Notwith21 standing subparagraph (A), the repayment obli22 gation of the City shall be at least 25 percent 

23 of the construction costs of the Project that are 

24 allocable to the City, but shall in no event ex25 ceed 35 percent. 


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1 (4) EXCESS CONSTRUCTION COSTS.—Any con2 struction costs of the Project allocable to the City in 

3 excess of the repayment obligation of the City, as 

4 determined under paragraph (3), shall be non5 reimbursable. 

6 (5) GRANT FUNDS.—A grant from any other 

7 Federal source shall not be credited toward the 

8 amount required to be repaid by the City under a 

9 repayment contract. 

10 (6) TITLE TRANSFER.—If title is transferred to 

11 the City prior to repayment under section 1072(f), 

12 the City shall be required to provide assurances sat13 isfactory to the Secretary of fulfillment of the re14 maining repayment obligation of the City. 

15 (7) WATER DELIVERY SUBCONTRACT.—The 

16 Secretary shall not enter into a contract under para17 graph (1) with the City until the City has secured 

18 a water supply for the City’s portion of the Project 

19 described in section 1073(b)(2)(B), by entering into, 

20 as approved by the Secretary, a water delivery sub21 contract for a period of not less than 40 years begin22 ning on the date on which the construction of any 

23 facility of the Project serving the City is completed, 

24 with— 


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1 (A) the Nation, as authorized by the Con2 tract; 

3 (B) the Jicarilla Apache Nation, as author4 ized by the settlement contract between the 

5 United States and the Jicarilla Apache Tribe, 

6 authorized by the Jicarilla Apache Tribe Water 

7 Rights Settlement Act (Public Law 102–441; 

8 106 Stat. 2237); or 

9 (C) an acquired alternate source of water, 

10 subject to approval of the Secretary and the 

11 State of New Mexico, acting through the New 

12 Mexico Interstate Stream Commission and the 

13 New Mexico State Engineer. 

14 (c) JICARILLA APACHE NATION CONTRACT.— 

15 (1) CONTRACT AUTHORIZATION.—Consistent 

16 with this subtitle, the Secretary is authorized to 

17 enter into a repayment contract with the Jicarilla 

18 Apache Nation that requires the Jicarilla Apache 

19 Nation— 

20 (A) to repay, within a 50-year period, the 

21 share of any construction cost of the Jicarilla 

22 Apache Nation relating to the Project, with in23 terest as provided under section 1045; and 

24 (B) consistent with section 1073(g), to pay 

25 the operation, maintenance, and replacement 


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1 costs of the Project that are allocable to the 

2 Jicarilla Apache Nation. 

3 (2) CONTRACT PREPAYMENT.— 

4 (A) IN GENERAL.—The contract author5 ized under paragraph (1) may allow the 

6 Jicarilla Apache Nation to satisfy the repay7 ment obligation of the Jicarilla Apache Nation 

8 for construction costs of the Project on the pay9 ment of the share of the Jicarilla Apache Na10 tion prior to the initiation of construction. 

11 (B) AMOUNT.—The amount of the share 

12 of Jicarilla Apache Nation described in sub13 paragraph (A) shall be determined by agree14 ment between the Secretary and the Jicarilla 

15 Apache Nation. 

16 (C) REPAYMENT OBLIGATION.—Any repay17 ment obligation established by the Secretary 

18 and the Jicarilla Apache Nation pursuant to 

19 subparagraph (A) shall be subject to a final 

20 cost allocation by the Secretary on project com21 pletion and to the limitations set forth in para22 graph (3). 

23 (3) SHARE OF CONSTRUCTION COSTS.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary shall determine the 


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1 share of the construction costs of the Project 

2 allocable to the Jicarilla Apache Nation and es3 tablish the percentage of the allocated construc4 tion costs of the Jicarilla Apache Nation that 

5 the Jicarilla Apache Nation shall be required to 

6 repay based on the ability of the Jicarilla 

7 Apache Nation to pay. 

8 (B) MINIMUM PERCENTAGE.—Notwith9 standing subparagraph (A), the repayment obli10 gation of the Jicarilla Apache Nation shall be 

11 at least 25 percent of the construction costs of 

12 the Project that are allocable to the Jicarilla 

13 Apache Nation, but shall in no event exceed 35 

14 percent. 

15 (4) EXCESS CONSTRUCTION COSTS.—Any con16 struction costs of the Project allocable to the 

17 Jicarilla Apache Nation in excess of the repayment 

18 obligation of the Jicarilla Apache Nation as deter19 mined under paragraph (3), shall be nonreimburs20 able. 

21 (5) GRANT FUNDS.—A grant from any other 

22 Federal source shall not be credited toward the 

23 share of the Jicarilla Apache Nation of construction 

24 costs. 


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1 (6) NAVAJO INDIAN IRRIGATION PROJECT

2 COSTS.—The Jicarilla Apache Nation shall have no 

3 obligation to repay any Navajo Indian Irrigation 

4 Project construction costs that might otherwise be 

5 allocable to the Jicarilla Apache Nation for use of 

6 the Navajo Indian Irrigation Project facilities to 

7 convey water to the Jicarilla Apache Nation, and 

8 any such costs shall be nonreimbursable. 

9 (d) CAPITAL COST ALLOCATIONS.— 

10 (1) IN GENERAL.—For purposes of estimating 

11 the capital repayment requirements of the Project 

12 Participants under this section, the Secretary shall 

13 review and, as appropriate, update the Draft Impact 

14 Statement allocating capital construction costs for 

15 the Project. 

16 (2) FINAL COST ALLOCATION.—The repayment 

17 contracts entered into with Project Participants 

18 under this section shall require that the Secretary 

19 perform a final cost allocation when construction of 

20 the Project is determined to be substantially com21 plete. 

22 (3) REPAYMENT OBLIGATION.—The Secretary 

23 shall determine the repayment obligation of the 

24 Project Participants based on the final cost alloca25 tion identifying reimbursable and nonreimbursable 


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1 capital costs of the Project consistent with this sub2 title. 

3 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

4 COST ALLOCATIONS.—For purposes of determining the 

5 operation, maintenance, and replacement obligations of 

6 the Project Participants under this section, the Secretary 

7 shall review and, as appropriate, update the Draft Impact 

8 Statement that allocates operation, maintenance, and re9 placement costs for the Project. 

10 (f) TEMPORARY WAIVERS OF PAYMENTS.— 

11 (1) IN GENERAL.—On the date on which the 

12 Secretary declares a section of the Project to be sub13 stantially complete and delivery of water generated 

14 by and through that section of the Project can be 

15 made to the Nation, the Secretary may waive, for a 

16 period of not more than 10 years, the operation, 

17 maintenance, and replacement costs allocable to the 

18 Nation for that section of the Project that the Sec19 retary determines are in excess of the ability of the 

20 Nation to pay. 

21 (2) SUBSEQUENT PAYMENT BY NATION.—After 

22 a waiver under paragraph (1), the Nation shall pay 

23 all allocated operation, maintenance, and replace24 ment costs of that section of the Project. 


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1 (3) PAYMENT BY UNITED STATES.—Any oper2 ation, maintenance, or replacement costs waived by 

3 the Secretary under paragraph (1) shall be paid by 

4 the United States and shall be nonreimbursable. 

5 (4) EFFECT ON CONTRACTS.—Failure of the 

6 Secretary to waive costs under paragraph (1) be7 cause of a lack of availability of Federal funding to 

8 pay the costs under paragraph (3) shall not alter the 

9 obligations of the Nation or the United States under 

10 a repayment contract. 

11 (5) TERMINATION OF AUTHORITY.—The au12 thority of the Secretary to waive costs under para13 graph (1) with respect to a Project facility trans14 ferred to the Nation under section 1072(f) shall ter15 minate on the date on which the Project facility is 

16 transferred. 

17 (g) PROJECT CONSTRUCTION COMMITTEE.—The 

18 Secretary shall facilitate the formation of a project con19 struction committee with the Project Participants and the 

20 State of New Mexico— 

21 (1) to review cost factors and budgets for con22 struction and operation and maintenance activities; 

23 (2) to improve construction management 

24 through enhanced communication; and 


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1 (3) to seek additional ways to reduce overall 

2 Project costs. 

3 SEC. 1075. NAVAJO NATION MUNICIPAL PIPELINE. 

4 (a) USE OF NAVAJO NATION PIPELINE.—In addition 

5 to use of the Navajo Nation Municipal Pipeline to convey 

6 the Animas-La Plata Project water of the Nation, the Na7 tion may use the Navajo Nation Municipal Pipeline to con8 vey non-Animas La Plata Project water for municipal and 

9 industrial purposes. 

10 (b) CONVEYANCE OF TITLE TO PIPELINE.— 

11 (1) IN GENERAL.—On completion of the Navajo 

12 Nation Municipal Pipeline, the Secretary may enter 

13 into separate agreements with the City of Farm14 ington, New Mexico and the Nation to convey title 

15 to each portion of the Navajo Nation Municipal 

16 Pipeline facility or section of the Pipeline to the City 

17 of Farmington and the Nation after execution of a 

18 Project operations agreement approved by the Sec19 retary, the Nation, and the City of Farmington that 

20 sets forth any terms and conditions that the Sec21 retary determines are necessary. 

22 (2) CONVEYANCE TO THE CITY OF FARMINGTON

23 OR NAVAJO NATION.—In conveying title to the Nav24 ajo Nation Municipal Pipeline under this subsection, 

25 the Secretary shall convey— 


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1 (A) to the City of Farmington, the facili2 ties and any land or interest in land acquired 

3 by the United States for the construction, oper4 ation, and maintenance of the Pipeline that are 

5 located within the corporate boundaries of the 

6 City; and 

7 (B) to the Nation, the facilities and any 

8 land or interests in land acquired by the United 

9 States for the construction, operation, and 

10 maintenance of the Pipeline that are located 

11 outside the corporate boundaries of the City of 

12 Farmington. 

13 (3) EFFECT OF CONVEYANCE.—The conveyance 

14 of title to the Pipeline shall not affect the applica15 tion of the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.) relating to the use of water as17 sociated with the Animas-La Plata Project. 

18 (4) LIABILITY.— 

19 (A) IN GENERAL.—Effective on the date of 

20 the conveyance authorized by this subsection, 

21 the United States shall not be held liable by 

22 any court for damages of any kind arising out 

23 of any act, omission, or occurrence relating to 

24 the land, buildings, or facilities conveyed under 

25 this subsection, other than damages caused by 


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1 acts of negligence committed by the United 

2 States or by employees or agents of the United 

3 States prior to the date of conveyance. 

4 (B) TORT CLAIMS.—Nothing in this sub5 section increases the liability of the United 

6 States beyond the liability provided under chap7 ter 171 of title 28, United States Code (com8 monly known as the ‘‘Federal Tort Claims 

9 Act’’). 

10 (5) NOTICE OF PROPOSED CONVEYANCE.—Not 

11 later than 45 days before the date of a proposed 

12 conveyance of title to the Pipeline, the Secretary 

13 shall submit to the Committee on Natural Resources 

14 of the House of Representatives and the Committee 

15 on Energy and Natural Resources of the Senate, no16 tice of the conveyance of the Pipeline. 

17 SEC. 1076. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

18 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

19 PLAN.—Not later than 1 year after the date of enactment 

20 of this Act, the Nation, in consultation with the Secretary, 

21 shall complete a conjunctive groundwater development 

22 plan for the wells described in subsections (b) and (c). 

23 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac24 cordance with the conjunctive groundwater development 

25 plan, the Secretary may construct or rehabilitate wells and 


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1 related pipeline facilities to provide capacity for the diver2 sion and distribution of not more than 1,670 acre-feet of 

3 groundwater in the San Juan River Basin in the State 

4 of New Mexico for municipal and domestic uses. 

5 (c) WELLS IN THE LITTLE COLORADO AND RIO

6 GRANDE BASINS.— 

7 (1) IN GENERAL.—In accordance with the 

8 Project and conjunctive groundwater development 

9 plan for the Nation, the Secretary may construct or 

10 rehabilitate wells and related pipeline facilities to 

11 provide capacity for the diversion and distribution 

12 of— 

13 (A) not more than 680 acre-feet of ground14 water in the Little Colorado River Basin in the 

15 State of New Mexico; 

16 (B) not more than 80 acre-feet of ground17 water in the Rio Grande Basin in the State of 

18 New Mexico; and 

19 (C) not more than 770 acre-feet of ground20 water in the Little Colorado River Basin in the 

21 State of Arizona. 

22 (2) USE.—Groundwater diverted and distrib23 uted under paragraph (1) shall be used for munic24 ipal and domestic uses. 

25 (d) ACQUISITION OF LAND.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary may acquire any land or in3 terest in land that is necessary for the construction, 

4 operation, and maintenance of the wells and related 

5 pipeline facilities authorized under subsections (b) 

6 and (c). 

7 (2) LIMITATION.—Nothing in this subsection 

8 authorizes the Secretary to condemn water rights for 

9 the purposes described in paragraph (1). 

10 (e) CONDITION.—The Secretary shall not commence 

11 any construction activity relating to the wells described in 

12 subsections (b) and (c) until the Secretary executes the 

13 Agreement. 

14 (f) CONVEYANCE OF WELLS.— 

15 (1) IN GENERAL.—On the determination of the 

16 Secretary that the wells and related facilities are 

17 substantially complete and delivery of water gen18 erated by the wells can be made to the Nation, an 

19 agreement with the Nation shall be entered into, to 

20 convey to the Nation title to— 

21 (A) any well or related pipeline facility 

22 constructed or rehabilitated under subsections 

23 (a) and (b) after the wells and related facilities 

24 have been completed; and 


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1 (B) any land or interest in land acquired 

2 by the United States for the construction, oper3 ation, and maintenance of the well or related 

4 pipeline facility. 

5 (2) OPERATION, MAINTENANCE, AND REPLACE6 MENT.— 

7 (A) IN GENERAL.—The Secretary is au8 thorized to pay operation and maintenance 

9 costs for the wells and related pipeline facilities 

10 authorized under this subsection until title to 

11 the facilities is conveyed to the Nation. 

12 (B) SUBSEQUENT ASSUMPTION BY NA13 TION.—On completion of a conveyance of title 

14 under paragraph (1), the Nation shall assume 

15 all responsibility for the operation and mainte16 nance of the well or related pipeline facility con17 veyed. 

18 (3) EFFECT OF CONVEYANCE.—The conveyance 

19 of title to the Nation of the conjunctive use wells 

20 under paragraph (1) shall not affect the application 

21 of the Endangered Species Act of 1973 (16 U.S.C. 

22 1531 et seq.). 

23 (g) USE OF PROJECT FACILITIES.—The capacities of 

24 the treatment facilities, main pipelines, and lateral pipe25 lines of the Project authorized by section 1072(b) may be 


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1 used to treat and convey groundwater to Nation commu2 nities if the Nation provides for payment of the operation, 

3 maintenance, and replacement costs associated with the 

4 use of the facilities or pipelines. 

5 (h) LIMITATIONS.—The diversion and use of ground6 water by wells constructed or rehabilitated under this sec7 tion shall be made in a manner consistent with applicable 

8 Federal and State law. 

9 SEC. 1077. SAN JUAN RIVER NAVAJO IRRIGATION 

10 PROJECTS. 

11 (a) REHABILITATION.—Subject to subsection (b), the 

12 Secretary shall rehabilitate— 

13 (1) the Fruitland-Cambridge Irrigation Project 

14 to serve not more than 3,335 acres of land, which 

15 shall be considered to be the total serviceable area 

16 of the project; and 

17 (2) the Hogback-Cudei Irrigation Project to 

18 serve not more than 8,830 acres of land, which shall 

19 be considered to be the total serviceable area of the 

20 project. 

21 (b) CONDITION.—The Secretary shall not commence 

22 any construction activity relating to the rehabilitation of 

23 the Fruitland-Cambridge Irrigation Project or the Hog24 back-Cudei Irrigation Project under subsection (a) until 

25 the Secretary executes the Agreement. 


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1 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

2 OBLIGATION.—The Nation shall continue to be respon3 sible for the operation, maintenance, and replacement of 

4 each facility rehabilitated under this section. 

5 SEC. 1078. OTHER IRRIGATION PROJECTS. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary, in consulta8 tion with the State of New Mexico (acting through the 

9 Interstate Stream Commission) and the Non-Navajo Irri10 gation Districts that elect to participate, shall— 

11 (1) conduct a study of Non-Navajo Irrigation 

12 District diversion and ditch facilities; and 

13 (2) based on the study, identify and prioritize 

14 a list of projects, with associated cost estimates, that 

15 are recommended to be implemented to repair, reha16 bilitate, or reconstruct irrigation diversion and ditch 

17 facilities to improve water use efficiency. 

18 (b) GRANTS.—The Secretary may provide grants to, 

19 and enter into cooperative agreements with, the Non-Nav20 ajo Irrigation Districts to plan, design, or otherwise imple21 ment the projects identified under subsection (a)(2). 

22 (c) COST-SHARING.— 

23 (1) FEDERAL SHARE.—The Federal share of 

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1 section (b) shall be not more than 50 percent, and 

2 shall be nonreimbursable. 

3 (2) FORM.—The non-Federal share required 

4 under paragraph (1) may be in the form of in-kind 

5 contributions, including the contribution of any valu6 able asset or service that the Secretary determines 

7 would substantially contribute to a project carried 

8 out under subsection (b). 

9 (3) STATE CONTRIBUTION.—The Secretary may 

10 accept from the State of New Mexico a partial or 

11 total contribution toward the non-Federal share for 

12 a project carried out under subsection (b). 

13 SEC. 1079. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS FOR NAV15 AJO-GALLUP WATER SUPPLY PROJECT.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to the Secretary to plan, design, and 

18 construct the Project $870,000,000 for the period of 

19 fiscal years 2009 through 2024, to remain available 

20 until expended. 

21 (2) ADJUSTMENTS.—The amount under para22 graph (1) shall be adjusted by such amounts as may 

23 be required by reason of changes since 2007 in con24 struction costs, as indicated by engineering cost indi25 ces applicable to the types of construction involved. 


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1 (3) USE.—In addition to the uses authorized 

2 under paragraph (1), amounts made available under 

3 that paragraph may be used for the conduct of re4 lated activities to comply with Federal environmental 

5 laws. 

6 (4) OPERATION AND MAINTENANCE.— 

7 (A) IN GENERAL.—There are authorized to 

8 be appropriated such sums as are necessary to 

9 operate and maintain the Project consistent 

10 with this subtitle. 

11 (B) EXPIRATION.—The authorization 

12 under subparagraph (A) shall expire 10 years 

13 after the year the Secretary declares the Project 

14 to be substantially complete. 

15 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

16 WELLS.— 

17 (1) SAN JUAN WELLS.—There is authorized to 

18 be appropriated to the Secretary for the construction 

19 or rehabilitation and operation and maintenance of 

20 conjunctive use wells under section 1076(b) 

21 $30,000,000, as adjusted under paragraph (3), for 

22 the period of fiscal years 2009 through 2019. 

23 (2) WELLS IN THE LITTLE COLORADO AND RIO

24 GRANDE BASINS.—There are authorized to be appro25 priated to the Secretary for the construction or rehaVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 bilitation and operation and maintenance of conjunc2 tive use wells under section 1076(c) such sums as 

3 are necessary for the period of fiscal years 2009 

4 through 2024. 

5 (3) ADJUSTMENTS.—The amount under para6 graph (1) shall be adjusted by such amounts as may 

7 be required by reason of changes since 2008 in con8 struction costs, as indicated by engineering cost indi9 ces applicable to the types of construction or reha10 bilitation involved. 

11 (4) NONREIMBURSABLE EXPENDITURES.— 

12 Amounts made available under paragraphs (1) and 

13 (2) shall be nonreimbursable to the United States. 

14 (5) USE.—In addition to the uses authorized 

15 under paragraphs (1) and (2), amounts made avail16 able under that paragraph may be used for the con17 duct of related activities to comply with Federal en18 vironmental laws. 

19 (6) LIMITATION.—Appropriations authorized 

20 under paragraph (1) shall not be used for operation 

21 or maintenance of any conjunctive use wells at a 

22 time in excess of 3 years after the well is declared 

23 substantially complete. 

24 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary— 

3 (A) to carry out section 1077(a)(1), not 

4 more than $7,700,000, as adjusted under para5 graph (2), for the period of fiscal years 2009 

6 through 2015, to remain available until ex7 pended; and 

8 (B) to carry out section 1077(a)(2), not 

9 more than $15,400,000, as adjusted under 

10 paragraph (2), for the period of fiscal years 

11 2009 through 2018, to remain available until 

12 expended. 

13 (2) ADJUSTMENT.—The amounts made avail14 able under paragraph (1) shall be adjusted by such 

15 amounts as may be required by reason of changes 

16 since January 1, 2004, in construction costs, as in17 dicated by engineering cost indices applicable to the 

18 types of construction involved in the rehabilitation. 

19 (3) NONREIMBURSABLE EXPENDITURES.— 

20 Amounts made available under this subsection shall 

21 be nonreimbursable to the United States. 

22 (d) OTHER IRRIGATION PROJECTS.—There are au23 thorized to be appropriated to the Secretary to carry out 

24 section 1078 $11,000,000 for the period of fiscal years 

25 2009 through 2018. 


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1 (e) CULTURAL RESOURCES.— 

2 (1) IN GENERAL.—The Secretary may use not 

3 more than 2 percent of amounts made available 

4 under subsections (a), (b), and (c) for the survey, re5 covery, protection, preservation, and display of ar6 chaeological resources in the area of a Project facil7 ity or conjunctive use well. 

8 (2) NONREIMBURSABLE EXPENDITURES.—Any 

9 amounts made available under paragraph (1) shall 

10 be nonreimbursable. 

11 (f) FISH AND WILDLIFE FACILITIES.— 

12 (1) IN GENERAL.—In association with the de13 velopment of the Project, the Secretary may use not 

14 more than 4 percent of amounts made available 

15 under subsections (a), (b), and (c) to purchase land 

16 and construct and maintain facilities to mitigate the 

17 loss of, and improve conditions for the propagation 

18 of, fish and wildlife if any such purchase, construc19 tion, or maintenance will not affect the operation of 

20 any water project or use of water. 

21 (2) NONREIMBURSABLE EXPENDITURES.—Any 

22 amounts expended under paragraph (1) shall be 

23 nonreimbursable. 


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1 PART IV—NAVAJO NATION WATER RIGHTS 

2 SEC. 1081. AGREEMENT. 

3 (a) AGREEMENT APPROVAL.— 

4 (1) APPROVAL BY CONGRESS.—Except to the 

5 extent that any provision of the Agreement conflicts 

6 with this subtitle, Congress approves, ratifies, and 

7 confirms the Agreement (including any amendments 

8 to the Agreement that are executed to make the 

9 Agreement consistent with this subtitle). 

10 (2) EXECUTION BY SECRETARY.—The Sec11 retary shall enter into the Agreement to the extent 

12 that the Agreement does not conflict with this sub13 title, including— 

14 (A) any exhibits to the Agreement requir15 ing the signature of the Secretary; and 

16 (B) any amendments to the Agreement 

17 necessary to make the Agreement consistent 

18 with this subtitle. 

19 (3) AUTHORITY OF SECRETARY.—The Sec20 retary may carry out any action that the Secretary 

21 determines is necessary or appropriate to implement 

22 the Agreement, the Contract, and this section. 

23 (4) ADMINISTRATION OF NAVAJO RESERVOIR

24 RELEASES.—The State of New Mexico may admin25 ister water that has been released from storage in 


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1 Navajo Reservoir in accordance with subparagraph 

2 9.1 of the Agreement. 

3 (b) WATER AVAILABLE UNDER CONTRACT.— 

4 (1) QUANTITIES OF WATER AVAILABLE.— 

5 (A) IN GENERAL.—Water shall be made 

6 available annually under the Contract for 

7 projects in the State of New Mexico supplied 

8 from the Navajo Reservoir and the San Juan 

9 River (including tributaries of the River) under 

10 New Mexico State Engineer File Numbers 

11 2849, 2883, and 3215 in the quantities de12 scribed in subparagraph (B). 

13 (B) WATER QUANTITIES.—The quantities 

14 of water referred to in subparagraph (A) are as 

15 follows: 

Diversion 

(acrefeet/ 

year) 

Depletion 

(acrefeet/ 

year) 

Navajo Indian Irrigation Project 508,000 270,000 

Navajo-Gallup Water Supply Project 22,650 20,780 

Animas-La Plata Project 4,680 2,340 

Total 535,330 293,120 

16 (C) MAXIMUM QUANTITY.—A diversion of 

17 water to the Nation under the Contract for a 

18 project described in subparagraph (B) shall not 

19 exceed the quantity of water necessary to sup20 ply the amount of depletion for the project. 


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1 (D) TERMS, CONDITIONS, AND LIMITA2 TIONS.—The diversion and use of water under 

3 the Contract shall be subject to and consistent 

4 with the terms, conditions, and limitations of 

5 the Agreement, this subtitle, and any other ap6 plicable law. 

7 (2) AMENDMENTS TO CONTRACT.—The Sec8 retary, with the consent of the Nation, may amend 

9 the Contract if the Secretary determines that the 

10 amendment is— 

11 (A) consistent with the Agreement; and 

12 (B) in the interest of conserving water or 

13 facilitating beneficial use by the Nation or a 

14 subcontractor of the Nation. 

15 (3) RIGHTS OF THE NATION.—The Nation may, 

16 under the Contract— 

17 (A) use tail water, wastewater, and return 

18 flows attributable to a use of the water by the 

19 Nation or a subcontractor of the Nation if— 

20 (i) the depletion of water does not ex21 ceed the quantities described in paragraph 

22 (1); and 

23 (ii) the use of tail water, wastewater, 

24 or return flows is consistent with the 

25 terms, conditions, and limitations of the 


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1 Agreement, and any other applicable law; 

2 and 

3 (B) change a point of diversion, change a 

4 purpose or place of use, and transfer a right for 

5 depletion under this subtitle (except for a point 

6 of diversion, purpose or place of use, or right 

7 for depletion for use in the State of Arizona 

8 under section 1073(b)(2)(D)), to another use, 

9 purpose, place, or depletion in the State of New 

10 Mexico to meet a water resource or economic 

11 need of the Nation if— 

12 (i) the change or transfer is subject to 

13 and consistent with the terms of the 

14 Agreement, the Partial Final Decree de15 scribed in paragraph 3.0 of the Agreement, 

16 the Contract, and any other applicable law; 

17 and 

18 (ii) a change or transfer of water use 

19 by the Nation does not alter any obligation 

20 of the United States, the Nation, or an21 other party to pay or repay project con22 struction, operation, maintenance, or re23 placement costs under this subtitle and the 

24 Contract. 

25 (c) SUBCONTRACTS.— 


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1 (1) IN GENERAL.— 

2 (A) SUBCONTRACTS BETWEEN NATION

3 AND THIRD PARTIES.—The Nation may enter 

4 into subcontracts for the delivery of Project 

5 water under the Contract to third parties for 

6 any beneficial use in the State of New Mexico 

7 (on or off land held by the United States in 

8 trust for the Nation or a member of the Nation 

9 or land held in fee by the Nation). 

10 (B) APPROVAL REQUIRED.—A subcontract 

11 entered into under subparagraph (A) shall not 

12 be effective until approved by the Secretary in 

13 accordance with this subsection and the Con14 tract. 

15 (C) SUBMITTAL.—The Nation shall submit 

16 to the Secretary for approval or disapproval any 

17 subcontract entered into under this subsection. 

18 (D) DEADLINE.—The Secretary shall ap19 prove or disapprove a subcontract submitted to 

20 the Secretary under subparagraph (C) not later 

21 than the later of— 

22 (i) the date that is 180 days after the 

23 date on which the subcontract is submitted 

24 to the Secretary; and 


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1 (ii) the date that is 60 days after the 

2 date on which a subcontractor complies 

3 with— 

4 (I) section 102(2)(C) of the Na5 tional Environmental Policy Act of 

6 1969 (42 U.S.C. 4332(2)(C)); and 

7 (II) any other requirement of 

8 Federal law. 

9 (E) ENFORCEMENT.—A party to a sub10 contract may enforce the deadline described in 

11 subparagraph (D) under section 1361 of title 

12 28, United States Code. 

13 (F) COMPLIANCE WITH OTHER LAW.—A 

14 subcontract described in subparagraph (A) shall 

15 comply with the Agreement, the Partial Final 

16 Decree described in paragraph 3.0 of the Agree17 ment, and any other applicable law. 

18 (G) NO LIABILITY.—The Secretary shall 

19 not be liable to any party, including the Nation, 

20 for any term of, or any loss or other detriment 

21 resulting from, a lease, contract, or other agree22 ment entered into pursuant to this subsection. 

23 (2) ALIENATION.— 


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1 (A) PERMANENT ALIENATION.—The Na2 tion shall not permanently alienate any right 

3 granted to the Nation under the Contract. 

4 (B) MAXIMUM TERM.—The term of any 

5 water use subcontract (including a renewal) 

6 under this subsection shall be not more than 99 

7 years. 

8 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

9 subsection— 

10 (A) provides congressional authorization 

11 for the subcontracting rights of the Nation; and 

12 (B) is deemed to fulfill any requirement 

13 that may be imposed by section 2116 of the Re14 vised Statutes (25 U.S.C. 177). 

15 (4) FORFEITURE.—The nonuse of the water 

16 supply secured by a subcontractor of the Nation 

17 under this subsection shall not result in forfeiture, 

18 abandonment, relinquishment, or other loss of any 

19 part of a right decreed to the Nation under the Con20 tract or this section. 

21 (5) NO PER CAPITA PAYMENTS.—No part of 

22 the revenue from a water use subcontract under this 

23 subsection shall be distributed to any member of the 

24 Nation on a per capita basis. 


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1 (d) WATER LEASES NOT REQUIRING SUB2 CONTRACTS.— 

3 (1) AUTHORITY OF NATION.— 

4 (A) IN GENERAL.—The Nation may lease, 

5 contract, or otherwise transfer to another party 

6 or to another purpose or place of use in the 

7 State of New Mexico (on or off land that is held 

8 by the United States in trust for the Nation or 

9 a member of the Nation or held in fee by the 

10 Nation) a water right that— 

11 (i) is decreed to the Nation under the 

12 Agreement; and 

13 (ii) is not subject to the Contract. 

14 (B) COMPLIANCE WITH OTHER LAW.—In 

15 carrying out an action under this subsection, 

16 the Nation shall comply with the Agreement, 

17 the Partial Final Decree described in paragraph 

18 3.0 of the Agreement, the Supplemental Partial 

19 Final Decree described in paragraph 4.0 of the 

20 Agreement, and any other applicable law. 

21 (2) ALIENATION; MAXIMUM TERM.— 

22 (A) ALIENATION.—The Nation shall not 

23 permanently alienate any right granted to the 

24 Nation under the Agreement. 


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1 (B) MAXIMUM TERM.—The term of any 

2 water use lease, contract, or other arrangement 

3 (including a renewal) under this subsection 

4 shall be not more than 99 years. 

5 (3) NO LIABILITY.—The Secretary shall not be 

6 liable to any party, including the Nation, for any 

7 term of, or any loss or other detriment resulting 

8 from, a lease, contract, or other agreement entered 

9 into pursuant to this subsection. 

10 (4) NONINTERCOURSE ACT COMPLIANCE.—This 

11 subsection— 

12 (A) provides congressional authorization 

13 for the lease, contracting, and transfer of any 

14 water right described in paragraph (1)(A); and 

15 (B) is deemed to fulfill any requirement 

16 that may be imposed by the provisions of sec17 tion 2116 of the Revised Statutes (25 U.S.C. 

18 177). 

19 (5) FORFEITURE.—The nonuse of a water right 

20 of the Nation by a lessee or contractor to the Nation 

21 under this subsection shall not result in forfeiture, 

22 abandonment, relinquishment, or other loss of any 

23 part of a right decreed to the Nation under the Con24 tract or this section. 

25 (e) NULLIFICATION.— 


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1 (1) DEADLINES.— 

2 (A) IN GENERAL.—In carrying out this 

3 section, the following deadlines apply with re4 spect to implementation of the Agreement: 

5 (i) AGREEMENT.—Not later than De6 cember 31, 2009, the Secretary shall exe7 cute the Agreement. 

8 (ii) CONTRACT.—Not later than De9 cember 31, 2009, the Secretary and the 

10 Nation shall execute the Contract. 

11 (iii) PARTIAL FINAL DECREE.—Not 

12 later than December 31, 2012, the court in 

13 the stream adjudication shall have entered 

14 the Partial Final Decree described in para15 graph 3.0 of the Agreement. 

16 (iv) FRUITLAND-CAMBRIDGE IRRIGA17 TION PROJECT.—Not later than December 

18 31, 2015, the rehabilitation construction of 

19 the Fruitland-Cambridge Irrigation Project 

20 authorized under section 1077(a)(1) shall 

21 be completed. 

22 (v) SUPPLEMENTAL PARTIAL FINAL

23 DECREE.—Not later than December 31, 

24 2015, the court in the stream adjudication 

25 shall enter the Supplemental Partial Final 


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1 Decree described in subparagraph 4.0 of 

2 the Agreement. 

3 (vi) HOGBACK-CUDEI IRRIGATION

4 PROJECT.—Not later than December 31, 

5 2018, the rehabilitation construction of the 

6 Hogback-Cudei Irrigation Project author7 ized under section 1077(a)(2) shall be 

8 completed. 

9 (vii) TRUST FUND.—Not later than 

10 December 31, 2019, the United States 

11 shall make all deposits into the Trust 

12 Fund under section 1082. 

13 (viii) CONJUNCTIVE WELLS.—Not 

14 later than December 31, 2019, the funds 

15 authorized to be appropriated under sec16 tion 1079(b)(1) for the conjunctive use 

17 wells authorized under section 1076(b) 

18 should be appropriated. 

19 (ix) NAVAJO-GALLUP WATER SUPPLY

20 PROJECT.—Not later than December 31, 

21 2024, the construction of all Project facili22 ties shall be completed. 

23 (B) EXTENSION.—A deadline described in 

24 subparagraph (A) may be extended if the Na25 tion, the United States (acting through the SecVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 retary), and the State of New Mexico (acting 

2 through the New Mexico Interstate Stream 

3 Commission) agree that an extension is reason4 ably necessary. 

5 (2) REVOCABILITY OF AGREEMENT, CONTRACT

6 AND AUTHORIZATIONS.— 

7 (A) PETITION.—If the Nation determines 

8 that a deadline described in paragraph (1)(A) is 

9 not substantially met, the Nation may submit 

10 to the court in the stream adjudication a peti11 tion to enter an order terminating the Agree12 ment and Contract. 

13 (B) TERMINATION.—On issuance of an 

14 order to terminate the Agreement and Contract 

15 under subparagraph (A)— 

16 (i) the Trust Fund shall be termi17 nated; 

18 (ii) the balance of the Trust Fund 

19 shall be deposited in the general fund of 

20 the Treasury; 

21 (iii) the authorizations for construc22 tion and rehabilitation of water projects 

23 under this subtitle shall be revoked and 

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1 struction and rehabilitation shall be sus2 pended; and 

3 (iv) this part and parts I and III shall 

4 be null and void. 

5 (3) CONDITIONS NOT CAUSING NULLIFICATION

6 OF SETTLEMENT.— 

7 (A) IN GENERAL.—If a condition described 

8 in subparagraph (B) occurs, the Agreement and 

9 Contract shall not be nullified or terminated. 

10 (B) CONDITIONS.—The conditions referred 

11 to in subparagraph (A) are as follows: 

12 (i) A lack of right to divert at the ca13 pacities of conjunctive use wells con14 structed or rehabilitated under section 

15 1076. 

16 (ii) A failure— 

17 (I) to determine or resolve an ac18 counting of the use of water under 

19 this subtitle in the State of Arizona; 

20 (II) to obtain a necessary water 

21 right for the consumptive use of water 

22 in Arizona; 

23 (III) to contract for the delivery 

24 of water for use in Arizona; or 


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1 (IV) to construct and operate a 

2 lateral facility to deliver water to a 

3 community of the Nation in Arizona, 

4 under the Project. 

5 (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), nothing in the Agreement, the Contract, 

8 or this section quantifies or adversely affects the 

9 land and water rights, or claims or entitlements to 

10 water, of any Indian tribe or community other than 

11 the rights, claims, or entitlements of the Nation in, 

12 to, and from the San Juan River Basin in the State 

13 of New Mexico. 

14 (2) EXCEPTION.—The right of the Nation to 

15 use water under water rights the Nation has in 

16 other river basins in the State of New Mexico shall 

17 be forborne to the extent that the Nation supplies 

18 the uses for which the water rights exist by diver19 sions of water from the San Juan River Basin under 

20 the Project consistent with subparagraph 9.13 of the 

21 Agreement. 

22 SEC. 1082. TRUST FUND. 

23 (a) ESTABLISHMENT.—There is established in the 

24 Treasury a fund to be known as the ‘‘Navajo Nation 


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1 Water Resources Development Trust Fund’’, consisting 

2 of— 

3 (1) such amounts as are appropriated to the 

4 Trust Fund under subsection (f); and 

5 (2) any interest earned on investment of 

6 amounts in the Trust Fund under subsection (d). 

7 (b) USE OF FUNDS.—The Nation may use amounts 

8 in the Trust Fund— 

9 (1) to investigate, construct, operate, maintain, 

10 or replace water project facilities, including facilities 

11 conveyed to the Nation under this subtitle and facili12 ties owned by the United States for which the Na13 tion is responsible for operation, maintenance, and 

14 replacement costs; and 

15 (2) to investigate, implement, or improve a 

16 water conservation measure (including a metering or 

17 monitoring activity) necessary for the Nation to 

18 make use of a water right of the Nation under the 

19 Agreement. 

20 (c) MANAGEMENT.—The Secretary shall manage the 

21 Trust Fund, invest amounts in the Trust Fund, and make 

22 amounts available from the Trust Fund for distribution 

23 to the Nation in accordance with the American Indian 

24 Trust Fund Management Reform Act of 1994 (25 U.S.C. 

25 4001 et seq.). 


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1 (d) INVESTMENT OF THE TRUST FUND.—The Sec2 retary shall invest amounts in the Trust Fund in accord3 ance with— 

4 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

5 (2) the first section of the Act of June 24, 

6 1938 (25 U.S.C. 162a); and 

7 (3) the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

9 (e) CONDITIONS FOR EXPENDITURES AND WITH10 DRAWALS.— 

11 (1) TRIBAL MANAGEMENT PLAN.— 

12 (A) IN GENERAL.—Subject to paragraph 

13 (7), on approval by the Secretary of a tribal 

14 management plan in accordance with the Amer15 ican Indian Trust Fund Management Reform 

16 Act of 1994 (25 U.S.C. 4001 et seq.), the Na17 tion may withdraw all or a portion of the 

18 amounts in the Trust Fund. 

19 (B) REQUIREMENTS.—In addition to any 

20 requirements under the American Indian Trust 

21 Fund Management Reform Act of 1994 (25 

22 U.S.C. 4001 et seq.), the tribal management 

23 plan shall require that the Nation only use 

24 amounts in the Trust Fund for the purposes 

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1 fication of water conservation measures to be 

2 implemented in association with the agricultural 

3 water use of the Nation. 

4 (2) ENFORCEMENT.—The Secretary may take 

5 judicial or administrative action to enforce the provi6 sions of any tribal management plan to ensure that 

7 any amounts withdrawn from the Trust Fund are 

8 used in accordance with this subtitle. 

9 (3) NO LIABILITY.—Neither the Secretary nor 

10 the Secretary of the Treasury shall be liable for the 

11 expenditure or investment of any amounts with12 drawn from the Trust Fund by the Nation. 

13 (4) EXPENDITURE PLAN.— 

14 (A) IN GENERAL.—The Nation shall sub15 mit to the Secretary for approval an expendi16 ture plan for any portion of the amounts in the 

17 Trust Fund made available under this section 

18 that the Nation does not withdraw under this 

19 subsection. 

20 (B) DESCRIPTION.—The expenditure plan 

21 shall describe the manner in which, and the 

22 purposes for which, funds of the Nation remain23 ing in the Trust Fund will be used. 

24 (C) APPROVAL.—On receipt of an expendi25 ture plan under subparagraph (A), the SecVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 retary shall approve the plan if the Secretary 

2 determines that the plan is reasonable and con3 sistent with this subtitle. 

4 (5) ANNUAL REPORT.—The Nation shall sub5 mit to the Secretary an annual report that describes 

6 any expenditures from the Trust Fund during the 

7 year covered by the report. 

8 (6) LIMITATION.—No portion of the amounts in 

9 the Trust Fund shall be distributed to any Nation 

10 member on a per capita basis. 

11 (7) CONDITIONS.—Any amount authorized to 

12 be appropriated to the Trust Fund under subsection 

13 (f) shall not be available for expenditure or with14 drawal— 

15 (A) before December 31, 2019; and 

16 (B) until the date on which the court in 

17 the stream adjudication has entered— 

18 (i) the Partial Final Decree; and 

19 (ii) the Supplemental Partial Final 

20 Decree. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated for deposit in the Trust 

23 Fund— 

24 (1) $6,000,000 for each of fiscal years 2009 

25 through 2013; and 


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1 (2) $4,000,000 for each of fiscal years 2014 

2 through 2018. 

3 SEC. 1083. WAIVERS AND RELEASES. 

4 (a) CLAIMS BY THE NATION AND THE UNITED

5 STATES.—The Nation, on behalf of itself and members of 

6 the Nation (other than members in the capacity of the 

7 members as allottees), and the United States, acting 

8 through the Secretary and in the capacity of the United 

9 States as trustee for the Nation, shall each execute a waiv10 er and release of— 

11 (1) all claims for water rights in, or for waters 

12 of, the San Juan River Basin in the State of New 

13 Mexico that the Nation, or the United States as 

14 trustee for the Nation, asserted, or could have as15 serted, in the San Juan River adjudication or in any 

16 other court proceeding; 

17 (2) all claims that the Nation, or the United 

18 States as trustee for the Nation, has asserted or 

19 could assert for any damage, loss, or injury to water 

20 rights or claims of interference, diversion, or taking 

21 of water in the San Juan Basin in the State of New 

22 Mexico that, regardless of whether the damage, loss, 

23 or injury is unanticipated, unexpected, or un24 known— 


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1 (A) accrued at any time before or on the 

2 effective date of the waiver and release under 

3 subsection (d); and 

4 (B) may or may not be more numerous or 

5 more serious than is understood or expected; 

6 and 

7 (3) all claims of any damage, loss, or injury or 

8 for injunctive or other relief because of the condition 

9 of or changes in water quality related to, or arising 

10 out of, the exercise of water rights. 

11 (b) CLAIMS BY THE NATION AGAINST THE UNITED

12 STATES.—The Nation, on behalf of itself and its members 

13 (other than members in the capacity of the members as 

14 allottees), shall execute a waiver and release of— 

15 (1) all causes of action that the Nation or the 

16 members of the Nation (other than members in the 

17 capacity of the members as allottees) may have 

18 against the United States or any agencies or employ19 ees of the United States, arising out of claims for 

20 water rights in, or waters of, the San Juan River 

21 Basin in the State of New Mexico that the United 

22 States asserted, or could have asserted, in the 

23 stream adjudication or other court proceeding; 

24 (2) all claims for any damage, loss, or injury to 

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1 ing of water, or failure to protect, acquire, or de2 velop water or water rights for land within the San 

3 Juan Basin in the State of New Mexico that, re4 gardless whether the damage, loss, or injury is unan5 ticipated, unexpected, or unknown— 

6 (A) accrued at any time before or on the 

7 effective date of the waiver and release under 

8 subsection (d); and 

9 (B) may or may not be more numerous or 

10 more serious than is understood or expected; 

11 and 

12 (3) all claims arising out of, resulting from, or 

13 relating in any manner to the negotiation, execution 

14 or adoption of the Agreement, the Contract, or this 

15 subtitle (including any specific terms and provisions 

16 of the Agreement, the Contract, or this subtitle) that 

17 the Nation may have against the United States or 

18 any agencies or employees of the United States. 

19 (c) RESERVATION OF CLAIMS.—Notwithstanding 

20 subsections (a) and (b), the Nation and the members of 

21 the Nation (including members in the capacity of the 

22 members as allottees) and the United States, as trustee 

23 for the Nation and allottees, shall retain— 

24 (1) all claims for water rights or injuries to 

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1 side the San Juan River Basin in the State of New 

2 Mexico, subject to paragraphs 8.0, 9.3, 9.12, 9.13 

3 and 13.9 of the Agreement; 

4 (2) all claims for enforcement of the Agree5 ment, the Contract, the Partial Final Decree, the 

6 Supplemental Partial Final Decree, or this subtitle, 

7 through any legal and equitable remedies available 

8 in any court of competent jurisdiction; 

9 (3) all rights to use and protect water rights ac10 quired pursuant to State law after the effective date 

11 of the waivers and releases described in subsection 

12 (d); 

13 (4) all claims relating to activities affecting the 

14 quality of water not related to the exercise of water 

15 rights; and 

16 (5) all rights, remedies, privileges, immunities, 

17 and powers not specifically waived and released 

18 under the terms of the Agreement or this subtitle. 

19 (d) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The waivers and releases de21 scribed in subsection (a) shall be effective on the 

22 date on which the Secretary publishes in the Federal 

23 Register a statement of findings documenting that 

24 each of the deadlines described in section 1081(e)(1) 

25 have been met. 


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1 (2) DEADLINE.—If the deadlines in section 

2 1081(e)(1)(A) have not been met by the later of 

3 March 1, 2025, or the date of any extension under 

4 section 1081(e)(1)(B)— 

5 (A) the waivers and releases described in 

6 subsection (a) shall be of no effect; and 

7 (B) section 1081(e)(2)(B) shall apply. 

8 SEC. 1084. WATER RIGHTS HELD IN TRUST. 

9 A tribal water right adjudicated and described in 

10 paragraph 3.0 of the Partial Final Decree and in para11 graph 3.0 of the Supplemental Partial Final Decree shall 

12 be held in trust by the United States on behalf of the Na13 tion. 

14 TITLE XI—UNITED STATES GEO15 LOGICAL SURVEY AUTHOR16 IZATIONS 

17 SEC. 1101. REAUTHORIZATION OF THE NATIONAL GEO18 LOGIC MAPPING ACT OF 1992. 

19 (a) FINDINGS.—Section 2(a) of the National Geologic 

20 Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended— 

21 (1) by striking paragraph (1) and inserting the 

22 following: 

23 ‘‘(1) although significant progress has been 

24 made in the production of geologic maps since the 

25 establishment of the national cooperative geologic 


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1 mapping program in 1992, no modern, digital, geo2 logic map exists for approximately 75 percent of the 

3 United States;’’; and 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (C), by inserting 

6 ‘‘homeland and’’ after ‘‘planning for’’; 

7 (B) in subparagraph (E), by striking ‘‘pre8 dicting’’ and inserting ‘‘identifying’’; 

9 (C) in subparagraph (I), by striking ‘‘and’’ 

10 after the semicolon at the end; 

11 (D) by redesignating subparagraph (J) as 

12 subparagraph (K); and 

13 (E) by inserting after subparagraph (I) the 

14 following: 

15 ‘‘(J) recreation and public awareness; 

16 and’’; and 

17 (3) in paragraph (9), by striking ‘‘important’’ 

18 and inserting ‘‘available’’. 

19 (b) PURPOSE.—Section 2(b) of the National Geologic 

20 Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by 

21 inserting ‘‘and management’’ before the period at the end. 

22 (c) DEADLINES FOR ACTIONS BY THE UNITED

23 STATES GEOLOGICAL SURVEY.—Section 4(b)(1) of the 

24 National Geologic Mapping Act of 1992 (43 U.S.C. 

25 31c(b)(1)) is amended in the second sentence— 


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1 (1) in subparagraph (A), by striking ‘‘not later 

2 than’’ and all that follows through the semicolon and 

3 inserting ‘‘not later than 1 year after the date of en4 actment of the Omnibus Public Land Management 

5 Act of 2008;’’; 

6 (2) in subparagraph (B), by striking ‘‘not later 

7 than’’ and all that follows through ‘‘in accordance’’ 

8 and inserting ‘‘not later than 1 year after the date 

9 of enactment of the Omnibus Public Land Manage10 ment Act of 2008 in accordance’’; and 

11 (3) in the matter preceding clause (i) of sub12 paragraph (C), by striking ‘‘not later than’’ and all 

13 that follows through ‘‘submit’’ and inserting ‘‘submit 

14 biennially’’. 

15 (d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.— 

16 Section 4(c)(2) of the National Geologic Mapping Act of 

17 1992 (43 U.S.C. 31c(c)(2)) is amended— 

18 (1) by striking ‘‘geophysical-map data base, 

19 geochemical-map data base, and a’’; and 

20 (2) by striking ‘‘provide’’ and inserting ‘‘pro21 vides’’. 

22 (e) GEOLOGIC MAPPING PROGRAM COMPONENTS.— 

23 Section 4(d)(1)(B)(ii) of the National Geologic Mapping 

24 Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended— 


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1 (1) in subclause (I), by striking ‘‘and’’ after the 

2 semicolon at the end; 

3 (2) in subclause (II), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

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

6 ‘‘(III) the needs of land manage7 ment agencies of the Department of 

8 the Interior.’’. 

9 (f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 

10 (1) MEMBERSHIP.—Section 5(a) of the Na11 tional Geologic Mapping Act of 1992 (43 U.S.C. 

12 31d(a)) is amended— 

13 (A) in paragraph (2)— 

14 (i) by inserting ‘‘the Secretary of the 

15 Interior or a designee from a land manage16 ment agency of the Department of the In17 terior,’’ after ‘‘Administrator of the Envi18 ronmental Protection Agency or a des19 ignee,’’; 

20 (ii) by inserting ‘‘and’’ after ‘‘Energy 

21 or a designee,’’; and 

22 (iii) by striking ‘‘, and the Assistant 

23 to the President for Science and Tech24 nology or a designee’’; and 

25 (B) in paragraph (3)— 


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1 (i) by striking ‘‘Not later than’’ and 

2 all that follows through ‘‘consultation’’ and 

3 inserting ‘‘In consultation’’; 

4 (ii) by striking ‘‘Chief Geologist, as 

5 Chairman’’ and inserting ‘‘Associate Direc6 tor for Geology, as Chair’’; and 

7 (iii) by striking ‘‘one representative 

8 from the private sector’’ and inserting ‘‘2 

9 representatives from the private sector’’. 

10 (2) DUTIES.—Section 5(b) of the National Geo11 logic Mapping Act of 1992 (43 U.S.C. 31d(b)) is 

12 amended— 

13 (A) in paragraph (2), by striking ‘‘and’’ at 

14 the end; 

15 (B) by redesignating paragraph (3) as 

16 paragraph (4); and 

17 (C) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) provide a scientific overview of geologic 

20 maps (including maps of geologic-based hazards) 

21 used or disseminated by Federal agencies for regula22 tion or land-use planning; and’’. 

23 (3) CONFORMING AMENDMENT.—Section 

24 5(a)(1) of the National Geologic Mapping Act of 


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1 1992 (43 U.S.C. 31d(a)(1)) is amended by striking 

2 ‘‘10-member’’ and inserting ‘‘11-member’’. 

3 (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATA4 BASE.—Section 7(a) of the National Geologic Mapping 

5 Act of 1992 (43 U.S.C. 31f(a)) is amended— 

6 (1) in paragraph (1), by striking ‘‘geologic 

7 map’’ and inserting ‘‘geologic-map’’; and 

8 (2) in paragraph (2), by striking subparagraph 

9 (A) and inserting the following: 

10 ‘‘(A) all maps developed with funding pro11 vided by the National Cooperative Geologic 

12 Mapping Program, including under the Federal, 

13 State, and education components;’’. 

14 (h) BIENNIAL REPORT.—Section 8 of the National 

15 Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amend16 ed by striking ‘‘Not later’’ and all that follows through 

17 ‘‘biennially’’ and inserting ‘‘Not later than 3 years after 

18 the date of enactment of the Omnibus Public Land Man19 agement Act of 2008 and biennially’’. 

20 (i) AUTHORIZATION OF APPROPRIATIONS; ALLOCA21 TION.—Section 9 of the National Geologic Mapping Act 

22 of 1992 (43 U.S.C. 31h) is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 


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1 ‘‘(a) IN GENERAL.—There is authorized to be appro2 priated to carry out this Act $64,000,000 for each of fiscal 

3 years 2007 through 2016.’’; and 

4 (2) in subsection (b)— 

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

6 by striking ‘‘2000’’ and inserting ‘‘2005’’; 

7 (B) in paragraph (1), by striking ‘‘48’’ and 

8 inserting ‘‘50’’; and 

9 (C) in paragraph (2), by striking 2 and in10 serting ‘‘4’’. 

11 SEC. 1102. NEW MEXICO WATER RESOURCES STUDY. 

12 (a) IN GENERAL.—The Secretary of the Interior, act13 ing through the Director of the United States Geological 

14 Survey (referred to in this section as the ‘‘Secretary’’), 

15 in coordination with the State of New Mexico (referred 

16 to in this section as the ‘‘State’’) and any other entities 

17 that the Secretary determines to be appropriate (including 

18 other Federal agencies and institutions of higher edu19 cation), shall, in accordance with this section and any 

20 other applicable law, conduct a study of water resources 

21 in the State, including— 

22 (1) a survey of groundwater resources, includ23 ing an analysis of— 

24 (A) aquifers in the State, including the 

25 quantity of water in the aquifers; 


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1 (B) the availability of groundwater re2 sources for human use; 

3 (C) the salinity of groundwater resources; 

4 (D) the potential of the groundwater re5 sources to recharge; 

6 (E) the interaction between groundwater 

7 and surface water; 

8 (F) the susceptibility of the aquifers to 

9 contamination; and 

10 (G) any other relevant criteria; and 

11 (2) a characterization of surface and bedrock 

12 geology, including the effect of the geology on 

13 groundwater yield and quality. 

14 (b) STUDY AREAS.—The study carried out under 

15 subsection (a) shall include the Estancia Basin, Salt 

16 Basin, Tularosa Basin, Hueco Basin, and middle Rio 

17 Grande Basin in the State. 

18 (c) REPORT.—Not later than 2 years after the date 

19 of enactment of this Act, the Secretary shall submit to 

20 the Committee on Energy and Natural Resources of the 

21 Senate and the Committee on Resources of the House of 

22 Representatives a report that describes the results of the 

23 study. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 TITLE XII—MISCELLANEOUS 

5 SEC. 1201. MANAGEMENT AND DISTRIBUTION OF NORTH 

6 DAKOTA TRUST FUNDS. 

7 The Act of February 22, 1889 (25 Stat. 676, chapter 

8 180), is amended by adding at the end the following: 

9 ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

10 ‘‘(a) DISPOSITION.—Notwithstanding section 11, the 

11 State of North Dakota shall, with respect to any trust 

12 fund in which proceeds from the sale of public land are 

13 deposited under this Act (referred to in this section as the 

14 ‘trust fund’)— 

15 ‘‘(1) deposit all revenues earned by a trust fund 

16 into the trust fund; 

17 ‘‘(2) deduct the costs of administering a trust 

18 fund from each trust fund; and 

19 ‘‘(3) manage each trust fund to— 

20 ‘‘(A) preserve the purchasing power of the 

21 trust fund; and 

22 ‘‘(B) maintain stable distributions to trust 

23 fund beneficiaries. 

24 ‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, 

25 any distributions from trust funds in the State of North 


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1 Dakota shall be made in accordance with section 2 of arti2 cle IX of the Constitution of the State of North Dakota. 

3 ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith4 standing section 13, the State of North Dakota shall man5 age the proceeds referred to in that section in accordance 

6 with subsections (a) and (b). 

7 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not8 withstanding sections 14 and 16, the State of North Da9 kota shall manage the land granted under that section, 

10 including any proceeds from the land, and make distribu11 tions in accordance with subsections (a) and (b).’’. 

12 SEC. 1202. AMENDMENTS TO THE FISHERIES RESTORATION 

13 AND IRRIGATION MITIGATION ACT OF 2000. 

14 (a) PRIORITY PROJECTS.—Section 3(c)(3) of the 

15 Fisheries Restoration and Irrigation Mitigation Act of 

16 2000 (16 U.S.C. 777 note; Public Law 106–502) is 

17 amended by striking ‘‘$5,000,000’’ and inserting 

18 ‘‘$2,500,000’’. 

19 (b) COST SHARING.—Section 7(c) of Fisheries Res20 toration and Irrigation Mitigation Act of 2000 (16 U.S.C. 

21 777 note; Public Law 106–502) is amended— 

22 (1) by striking ‘‘The value’’ and inserting the 

23 following: 

24 ‘‘(1) IN GENERAL.—The value’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

2 ‘‘(A) IN GENERAL.—The Secretary may, 

3 without further appropriation and without fiscal 

4 year limitation, accept any amounts provided to 

5 the Secretary by the Administrator of the Bon6 neville Power Administration. 

7 ‘‘(B) NON-FEDERAL SHARE.—Any 

8 amounts provided by the Bonneville Power Ad9 ministration directly or through a grant to an10 other entity for a project carried under the Pro11 gram shall be credited toward the non-Federal 

12 share of the costs of the project.’’. 

13 (c) REPORT.—Section 9 of the Fisheries Restoration 

14 and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 

15 note; Public Law 106–502) is amended— 

16 (1) by inserting ‘‘any’’ before ‘‘amounts are 

17 made’’; and 

18 (2) by inserting after ‘‘Secretary shall’’ the fol19 lowing: ‘‘, after partnering with local governmental 

20 entities and the States in the Pacific Ocean drainage 

21 area,’’. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 10 of the Fisheries Restoration and Irrigation Mitigation 

24 Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) 

25 is amended— 


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1 (1) in subsection (a), by striking ‘‘2001 through 

2 2005’’ and inserting ‘‘ 2009 through 2015’’; and 

3 (2) in subsection (b), by striking paragraph (2) 

4 and inserting the following: 

5 ‘‘(2) ADMINISTRATIVE EXPENSES.— 

6 ‘‘(A) DEFINITION OF ADMINISTRATIVE EX7 PENSE.—In this paragraph, the term ‘adminis8 trative expense’ means, except as provided in 

9 subparagraph (B)(iii)(II), any expenditure re10 lating to— 

11 ‘‘(i) staffing and overhead, such as 

12 the rental of office space and the acquisi13 tion of office equipment; and 

14 ‘‘(ii) the review, processing, and provi15 sion of applications for funding under the 

16 Program. 

17 ‘‘(B) LIMITATION.— 

18 ‘‘(i) IN GENERAL.—Not more than 6 

19 percent of amounts made available to carry 

20 out this Act for each fiscal year may be 

21 used for Federal and State administrative 

22 expenses of carrying out this Act. 

23 ‘‘(ii) FEDERAL AND STATE SHARES.— 

24 To the maximum extent practicable, of the 


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1 amounts made available for administrative 

2 expenses under clause (i)— 

3 ‘‘(I) 50 percent shall be provided 

4 to the State agencies provided assist5 ance under the Program; and 

6 ‘‘(II) an amount equal to the cost 

7 of 1 full-time equivalent Federal em8 ployee, as determined by the Sec9 retary, shall be provided to the Fed10 eral agency carrying out the Program. 

11 ‘‘(iii) STATE EXPENSES.—Amounts 

12 made available to States for administrative 

13 expenses under clause (i)— 

14 ‘‘(I) shall be divided evenly 

15 among all States provided assistance 

16 under the Program; and 

17 ‘‘(II) may be used by a State to 

18 provide technical assistance relating to 

19 the program, including any staffing 

20 expenditures (including staff travel ex21 penses) associated with— 

22 ‘‘(aa) arranging meetings to 

23 promote the Program to potential 

24 applicants; 


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1 ‘‘(bb) assisting applicants 

2 with the preparation of applica3 tions for funding under the Pro4 gram; and 

5 ‘‘(cc) visiting construction 

6 sites to provide technical assist7 ance, if requested by the appli8 cant.’’. 

9 SEC. 1203. AMENDMENTS TO THE ALASKA NATURAL GAS 

10 PIPELINE ACT. 

11 (a) ADMINISTRATION.—Section 106 of the Alaska 

12 Natural Gas Pipeline Act (15 U.S.C. 720d) is amended 

13 by adding at the end the following: 

14 ‘‘(h) ADMINISTRATION.— 

15 ‘‘(1) PERSONNEL APPOINTMENTS.— 

16 ‘‘(A) IN GENERAL.—The Federal Coordi17 nator may appoint and terminate such per18 sonnel as the Federal Coordinator determines 

19 to be appropriate. 

20 ‘‘(B) AUTHORITY OF FEDERAL COORDI21 NATOR.—Personnel appointed by the Federal 

22 Coordinator under subparagraph (A) shall be 

23 appointed without regard to the provisions of 

24 title 5, United States Code, governing appoint25 ments in the competitive service. 


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1 ‘‘(2) COMPENSATION.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), personnel appointed by the Federal 

4 Coordinator under paragraph (1)(A) shall be 

5 paid without regard to the provisions of chapter 

6 51 and subchapter III of chapter 53 of title 5, 

7 United States Code (relating to classification 

8 and General Schedule pay rates). 

9 ‘‘(B) MAXIMUM LEVEL OF COMPENSA10 TION.—The rate of pay for personnel appointed 

11 by the Federal Coordinator under paragraph 

12 (1)(A) shall not exceed the maximum level of 

13 rate payable for level III of the Executive 

14 Schedule. 

15 ‘‘(C) APPLICABILITY OF SECTION 5941.— 

16 Section 5941 of title 5, United States Code, 

17 shall apply to personnel appointed by the Fed18 eral Coordinator under paragraph (1)(A). 

19 ‘‘(3) TEMPORARY SERVICES.— 

20 ‘‘(A) IN GENERAL.—The Federal Coordi21 nator may procure temporary and intermittent 

22 services in accordance with section 3109(b) of 

23 title 5, United States Code. 

24 ‘‘(B) MAXIMUM LEVEL OF COMPENSA25 TION.—The level of compensation of an indiVerDate Aug 31 2005 06:16 Jun 28, 2008 Jkt 069200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\S3213.PCS S3213

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1 vidual employed on a temporary or intermittent 

2 basis under subparagraph (A) shall not exceed 

3 the maximum level of rate payable for level III 

4 of the Executive Schedule. 

5 ‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 

6 ‘‘(A) IN GENERAL.—The Federal Coordi7 nator shall have the authority to establish, 

8 change, and abolish reasonable filing and serv9 ice fees, charges, and commissions, require de10 posits of payments, and provide refunds as pro11 vided to the Secretary of the Interior in section 

12 304 of the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1734), except 

14 that the authority shall be with respect to the 

15 duties of the Federal Coordinator, as described 

16 in this Act. 

17 ‘‘(B) AUTHORITY OF SECRETARY OF THE

18 INTERIOR.—Subparagraph (A) shall not affect 

19 the authority of the Secretary of the Interior to 

20 establish, change, and abolish reasonable filing 

21 and service fees, charges, and commissions, re22 quire deposits of payments, and provide refunds 

23 under section 304 of the Federal Land Policy 

24 and Management Act of 1976 (43 U.S.C. 

25 1734). 


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1 ‘‘(C) USE OF FUNDS.—The Federal Coor2 dinator is authorized to use, without further ap3 propriation, amounts collected under subpara4 graph (A) to carry out this section.’’. 

5 (b) CLARIFICATION OF AUTHORITY.—Section 107(a) 

6 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 

7 720e(a)) is amended by striking paragraph (3) and insert8 ing the following: 

9 ‘‘(3) the validity of any determination, permit, 

10 approval, authorization, review, or other related ac11 tion taken under any provision of law relating to a 

12 gas transportation project constructed and operated 

13 in accordance with section 103, including— 

14 ‘‘(A) subchapter II of chapter 5, and chap15 ter 7, of title 5, United States Code (commonly 

16 known as the ‘Administrative Procedure Act’); 

17 ‘‘(B) the Endangered Species Act of 1973 

18 (16 U.S.C. 1531 et seq.); 

19 ‘‘(C) the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.); 

21 ‘‘(D) the National Historic Preservation 

22 Act (16 U.S.C. 470 et seq.); and 

23 ‘‘(E) the Alaska National Interest Lands 

24 Conservation Act (16 U.S.C. 3101 et seq.).’’. 


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1 SEC. 1204. ADDITIONAL ASSISTANT SECRETARY FOR DE2 PARTMENT OF ENERGY. 

3 (a) IN GENERAL.—Section 203(a) of the Department 

4 of Energy Organization Act (42 U.S.C. 7133(a)) is 

5 amended in the first sentence by striking ‘‘7 Assistant 

6 Secretaries’’ and inserting ‘‘8 Assistant Secretaries’’. 

7 (b) CONFORMING AMENDMENT.—Section 5315 of 

8 title 5, United States Code, is amended by striking ‘‘As9 sistant Secretaries of Energy (7)’’ and inserting ‘‘Assist10 ant Secretaries of Energy (8)’’. 

11 (c) SENSE OF CONGRESS.—It is the sense of Con12 gress that leadership for missions of the Department of 

13 Energy relating to electricity delivery and reliability 

14 should be at the Assistant Secretary level. 


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Calendar No. 855 

110TH CONGRESS 

2D SESSION S. 3213 

A BILL 

To designate certain land as components of the NaAgriculture, and for other purposes. partment of the Interior and the Department of thorize certain programs and activities in the De- tional Wilderness Preservation System, to auJUNE 27, 2008 

Read the second time and placed on the calendar 


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