I

104TH CONGRESS

2D SESSION H. R. 4236

To provide for the administration of certain Presidio properties at minimal

cost to the Federal taxpayer, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1996

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for the administration of certain Presidio properties at minimal cost to the Federal taxpayer, 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 AND TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘Omnibus Parks and

5 Public Lands Management Act of 1996’’.

Sec. 1. Short title and table of contents.

TITLE I—THE PRESIDIO OF SAN FRANCISCO

Sec. 101. Findings.

Sec. 102. Authority and responsibility of the Secretary of the Interior.

Sec. 103. Establishment of the Presidio Trust.

Sec. 104. Duties and authorities of the Trust.

Sec. 105. Limitations on funding.

Sec. 106. General Accounting Office study.
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TITLE II—BOUNDARY ADJUSTMENTS AND CONVEYANCES

Sec. 201. Yucca House National Monument boundary adjustment.

Sec. 202. Zion National Park boundary adjustment.

Sec. 203. Pictured Rocks National Lakeshore boundary adjustment.

Sec. 204. Independence National Historical Park boundary adjustment.

Sec. 205. Craters of the Moon National Monument boundary adjustment.

Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment.

Sec. 207. Wupatki National Monument boundary adjustment.

Sec. 208. Walnut Canyon National Monument boundary modification.

Sec. 209. Butte County, California land conveyance.

Sec. 210. Taos Pueblo land transfer.

Sec. 211. Colonial National Historical Park.

Sec. 212. Cuprum, Idaho relief.

Sec. 213. Conveyance of certain property to the State of Wyoming.

Sec. 214. Relinquishment of interest.

Sec. 215. Modoc National Forest.

Sec. 216. Conveyance to City of Sumpter, Oregon.

Sec. 217. Cumberland Gap National Historical Park.

Sec. 218. Shenandoah National Park.

Sec. 219. Tulare conveyance.

Sec. 220. Alpine School District.

Sec. 221. Merced Irrigation District land exchange.

Sec. 222. Father Aull site transfer.

Sec. 223. Coastal Barrier Resources System.

Sec. 224. Conveyance to Del Norte County Unified School District.

TITLE III—EXCHANGES

Sec. 301. Targhee National Forest land exchange.

Sec. 302. Anaktuvuk Pass land exchange.

Sec. 303. Alaska Peninsula subsurface consolidation.

Sec. 304. Snowbasin Land Exchange Act.

Sec. 305. Arkansas and Oklahoma land exchange.

Sec. 306. Big Thicket National Preserve.

Sec. 307. Lost Creek land exchange.

Sec. 308. Cleveland National Forest land exchange.

Sec. 309. Sand Hollow land exchange.

Sec. 310. Bureau of Land Management authorization for fiscal years 1997

through 2002.

Sec. 311. Land exchange with City of Greeley, Colorado, and the Water Supply

and Storage Company.

Sec. 312. Gates of the Artic National Park and Preserve Land Exchange and

Boundary Adjustment.

Sec. 313. Kenai Natives Association land exchange.

TITLE IV—RIVERS AND TRAILS

Sec. 401. Cache la Poudre corridor.

Sec. 402. Rio Puerco watershed.

Sec. 403. Old Spanish Trail.

Sec. 404. Great Western Scenic Trail.

Sec. 405. RS 2477.

Sec. 406. Hanford Reach Preservation.

Sec. 407. Lamprey Wild and Scenic River.

Sec. 408. West Virginia National Rivers Amendments of 1996.
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Sec. 409. Technical amendment to the Wild and Scenic Rivers Act.

Sec. 410. Protection of North St. Vrain Creek, Colorado.

TITLE V—HISTORIC AREAS AND CIVIL RIGHTS

Sec. 501. The Selma to Montgomery National Historic Trail.

Sec. 502. Vancouver National Historic Reserve.

Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.

Sec. 504. Amendment to Boston National Historic Park Act.

Sec. 505. Women’s Rights National Historical Park.

Sec. 506. Black Patriots Memorial Extension.

Sec. 507. Historically black colleges and universities historic building restoration and preservation.

Sec. 508. Memorial to Martin Luther King, Jr.

Sec. 509. Advisory Council on Historic Preservation reauthorization.

Sec. 510. Great Falls Historic District, New Jersey.

Sec. 511. New Bedford National Historic Landmark District.

Sec. 512. Nicodemus National Historic Site.

Sec. 513. Unalaska.

Sec. 514. Japanese American Patriotism Memorial.

Sec. 515. Manzanar National Historic Site.

Sec. 516. Recognition and designation of the AIDS Memorial Grove as national

memorial.

TITLE VI—CIVIL AND REVOLUTIONARY WAR SITES

Sec. 601. United States Civil War Center.

Sec. 602. Corinth, Mississippi, Battlefield Act.

Sec. 603. Richmond National Battlefield Park.

Sec. 604. Revolutionary War and War of 1812 Historic Preservation Study.

Sec. 605. American battlefield protection program.

Sec. 606. Chickamauga and Chattanooga National Military Parks.

Sec. 607. Shenandoah Valley battlefields.

Sec. 608. Washita Battlefield.

TITLE VII—FEES

Sec. 701. Ski area permit rental charge.

Sec. 702. Delaware water gap.

Sec. 703. Visitor services.

Sec. 704. Glacier Bay National Park.

TITLE VIII—MISCELLANEOUS ADMINISTRATIVE AND

MANAGEMENT PROVISIONS

Sec. 801. Limitation on park buildings.

Sec. 802. Appropriations for transportation of children.

Sec. 803. Feral burros and horses.

Sec. 804. Authorities of the Secretary of the Interior relating to museums.

Sec. 805. Volunteers in parks increase.

Sec. 806. Katmai National Park Agreements.

Sec. 807. Carl Garner Federal Lands Cleanup Day.

Sec. 808. Fort Pulaski National Monument, Georgia.

Sec. 809. Laura C. Hudson Visitor Center.

Sec. 810. Robert J. Lagomarsino Visitor Center.

Sec. 811. Expenditure of funds outside authorized boundary of Rocky Mountain

National Park.
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Sec. 812. Dayton aviation.

Sec. 813. Prohibition on certain transfers of national forest lands.

Sec. 814. Grand Lake Cemetery.

Sec. 815. National Park Service administrative reform.

Sec. 816. Mineral King addition permits.

Sec. 817. William B. Smullin Visitor Center.

Sec. 818. Calumet Ecological Park.

Sec. 819. Acquisition of certain property on Santa Cruz Island.

TITLE IX—HERITAGE AREAS

Sec. 901. Blackstone River Valley National Heritage Corridor.

Sec. 902. Illinois and Michigan Canal National Heritage Corridor.

Sec. 903. Feasibility study of the Champlain Valley and the Upper Hudson

River Valley.

TITLE X—MISCELLANEOUS

Subtitle A—Tallgrass Prairie National Preserve

Sec. 1001. Short title.

Sec. 1002. Findings and purposes.

Sec. 1003. Definitions.

Sec. 1004. Establishment of Tallgrass Prairie National Preserve.

Sec. 1005. Administration of National Preserve.

Sec. 1006. Limited authority to acquire.

Sec. 1007. Advisory Committee.

Sec. 1008. Restriction on authority.

Sec. 1009. Authorization of appropriations.

Subtitle B—Sterling Forest

Sec. 1011. Palisades Interstate Park Commission.

Subtitle C—Additional Provisions

Sec. 1021. Black Canyon of the Gunnison National Park complex.

Sec. 1022. National Park Foundation.

Sec. 1023. Recreation lakes.

Sec. 1024. Bisti/De-Na-Zin Wilderness expansion and fossil forest protection.

Sec. 1025. Opal Creek Wilderness and Scenic Recreation Area.

Sec. 1026. Upper Klamath Basin ecological restoration projects.

Sec. 1027. Deschutes Basin ecosystem restoration projects.

Sec. 1028. Mount Hood Corridor land exchange.

Sec. 1029. Creation of the Coquille Forest.

Sec. 1030. Bull Run protection.

Sec. 1031. Oregon Islands Wilderness, additions.

Sec. 1032. Umpqua River land exchange study: policy and direction.

Sec. 1033. Boston Harbor Islands Recreation Area.

Sec. 1034. Natchez National Historical Park.

Sec. 1035. Substitution of timber for canceled timber sale.

Sec. 1036. Rural electric and telephone facilities.

Sec. 1037. Federal borough recognition.

Sec. 1038. Alternative processing.

Sec. 1039. Village land negotiations.

Sec. 1040. Unrecognized communities in Southeast Alaska.

Sec. 1041. Conveyance to Gross Brothers.
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Sec. 1042. Regulation of fishing in certain waters of Alaska.

Sec. 1043. Credit for reconveyance.

Sec. 1044. Radio site report.

Sec. 1045. Management of existing dams and weirs.

Sec. 1046. University of Alaska land negotiation.

TITLE XI—CALIFORNIA BAY DELTA ENVIRONMENTAL

ENHANCEMENT

Sec. 1101. Program funding.

1 TITLE I—THE PRESIDIO OF SAN

2 FRANCISCO

3 SEC. 101. FINDINGS.

4 The Congress finds that—

5 (1) the Presidio, located amidst the incom6 parable scenic splendor of the Golden Gate, is one

7 of America’s great natural and historic sites;

8 (2) the Presidio is the oldest continuously oper9 ated military post in the Nation dating from 1776,

10 and was designated a National Historic Landmark

11 in 1962;

12 (3) preservation of the cultural and historic in13 tegrity of the Presidio for public use recognizes its

14 significant role in the history of the United States;

15 (4) the Presidio, in its entirety, is a part of the

16 Golden Gate National Recreation Area, in accord17 ance with Public Law 92–589;

18 (5) as part of the Golden Gate National Recre19 ation Area, the Presidio’s significant natural, his20 toric, scenic, cultural, and recreational resources

21 must be managed in a manner which is consistent
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1 with sound principles of land use planning and man2 agement, and which protects the Presidio from de3 velopment and uses which would destroy the scenic

4 beauty and historic and natural character of the

5 area and cultural and recreational resources;

6 (6) removal and/or replacement of some struc7 tures within the Presidio must be considered as a

8 management option in the administration of the Pre9 sidio; and

10 (7) the Presidio will be managed through an in11 novative public/private partnership that minimizes

12 cost to the United States Treasury and makes effi13 cient use of private sector resources.

14 SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SEC15 RETARY OF THE INTERIOR.

16 (a) INTERIM AUTHORITY.—The Secretary of the In17 terior (hereinafter in this title referred to as the ‘‘Sec18 retary’’) is authorized to manage leases in existence on

19 the date of this Act for properties under the administra20 tive jurisdiction of the Secretary and located at the Pre21 sidio. Upon the expiration of any such lease, the Secretary

22 may extend such lease for a period terminating not later

23 than 6 months after the first meeting of the Presidio

24 Trust. The Secretary may not enter into any new leases

25 for property at the Presidio to be transferred to the Pre-
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1 sidio Trust under this title, however, the Secretary is au2 thorized to enter into agreements for use and occupancy

3 of the Presidio properties which are assignable to the

4 Trust and are terminable with 30 days notice. Prior to

5 the transfer of administrative jurisdiction over any prop6 erty to the Presidio Trust, and notwithstanding section

7 1341 of title 31 of the United States Code, the proceeds

8 from any such lease shall be retained by the Secretary and

9 such proceeds shall be available, without further appro10 priation, for the preservation, restoration, operation and

11 maintenance, improvement, repair and related expenses

12 incurred with respect to Presidio properties. The Secretary

13 may adjust the rental charge on any such lease for any

14 amounts to be expended by the lessee for preservation,

15 maintenance, restoration, improvement, repair and related

16 expenses with respect to properties and infrastructure

17 within the Presidio.

18 (b) PUBLIC INFORMATION AND INTERPRETATION.—

19 The Secretary shall be responsible, in cooperation with the

20 Presidio Trust, for providing public interpretive services,

21 visitor orientation and educational programs on all lands

22 within the Presidio.

23 (c) OTHER.—Those lands and facilities within the

24 Presidio that are not transferred to the administrative ju25 risdiction of the Presidio Trust shall continue to be man-
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1 aged by the Secretary. The Secretary and the Presidio

2 Trust shall cooperate to ensure adequate public access to

3 all portions of the Presidio. Any infrastructure and build4 ing improvement projects that were funded prior to the

5 enactment of this Act shall be completed by the National

6 Park Service.

7 (d) PARK SERVICE EMPLOYEES.—(1) Any career em8 ployee of the National Park Service, employed at the Pre9 sidio at the time of the transfer of lands and facilities to

10 the Presidio Trust, shall not be separated from the Service

11 by reason of such transfer, unless such employee is em12 ployed by the Trust, other than on detail. Notwithstanding

13 section 3503 of title 5, United States Code, the Trust shall

14 have sole discretion over whether to hire any such em15 ployee or request a detail of such employee.

16 (2) Any career employee of the National Park Service

17 employed at the Presidio on the date of enactment of this

18 title shall be given priority placement for any available po19 sition within the National Park System notwithstanding

20 any priority reemployment lists, directives, rules, regula21 tions or other orders from the Department of the Interior,

22 the Office of Management and Budget, or other Federal

23 agencies.
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1 SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

2 (a) ESTABLISHMENT.—There is established a wholly

3 owned government corporation to be known as the Pre4 sidio Trust (hereinafter in this title referred to as the

5 ‘‘Trust’’).

6 (b) TRANSFER.—(1) Within 60 days after receipt of

7 a request from the Trust for the transfer of any parcel

8 within the area depicted as Area B on the map entitled

9 ‘‘Presidio Trust Number 1’’, dated December 7, 1995, the

10 Secretary shall transfer such parcel to the administrative

11 jurisdiction of the Trust. Within 1 year after the first

12 meeting of the Board of Directors of the Trust, the Sec13 retary shall transfer to the Trust administrative jurisdic14 tion over all remaining parcels within Area B. Such map

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

16 offices of the Trust and in the offices of the National Park

17 Service, Department of the Interior. The Trust and the

18 Secretary may jointly make technical and clerical revisions

19 in the boundary depicted on such map. The Secretary shall

20 retain jurisdiction over those portions of the building iden21 tified as number 102 as the Secretary deems essential for

22 use as a visitor center. The Building shall be named the

23 ‘‘William Penn Mott Visitor Center’’. Any parcel of land,

24 the jurisdiction over which is transferred pursuant to this

25 subsection, shall remain within the boundary of the Gold26 en Gate National Recreation Area. With the consent of
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1 the Secretary, the Trust may at any time transfer to the

2 administrative jurisdiction of the Secretary any other

3 properties within the Presidio which are surplus to the

4 needs of the Trust and which serve essential purposes of

5 the Golden Gate National Recreation Area. The Trust is

6 encouraged to transfer to the administrative jurisdiction

7 of the Secretary open space areas which have high public

8 use potential and are contiguous to other lands adminis9 trated by the Secretary.

10 (2) Within 60 days after the first meeting of the

11 Board of Directors of the Trust, the Trust and the Sec12 retary shall determine cooperatively which records, equip13 ment, and other personal property are deemed to be nec14 essary for the immediate administration of the properties

15 to be transferred, and the Secretary shall immediately

16 transfer such personal property to the Trust. Within 1

17 year after the first meeting of the Board of Directors of

18 the Trust, the Trust and the Secretary shall determine

19 cooperatively what, if any, additional records, equipment,

20 and other personal property used by the Secretary in the

21 administration of the properties to be transferred should

22 be transferred to the Trust.

23 (3) The Secretary shall transfer, with the transfer of

24 administrative jurisdiction over any property, the unobli25 gated balance of all funds appropriated to the Secretary,
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1 all leases, concessions, licenses, permits, and other agree2 ments affecting such property.

3 (4) At the request of the Trust, the Secretary shall

4 provide funds to the Trust for preparation of the program

5 required under section 104(c) of this title, hiring of initial

6 staff and other activities deemed by the Trust as essential

7 to the establishment of the Trust prior to the transfer of

8 properties to the Trust.

9 (c) BOARD OF DIRECTORS.—

10 (1) IN GENERAL.—The powers and manage11 ment of the Trust shall be vested in a Board of Di12 rectors (hereinafter referred to as the ‘‘Board’’) con13 sisting of the following 7 members:

14 (A) The Secretary of the Interior or the

15 Secretary’s designee.

16 (B) 6 individuals, who are not employees

17 of the Federal Government, appointed by the

18 President, who shall possess extensive knowl19 edge and experience in one or more of the fields

20 of city planning, finance, real estate develop21 ment, and resource conservation. At least one of

22 these individuals shall be a veteran of the

23 Armed Services. At least 3 of these individuals

24 shall reside in the San Francisco Bay Area.

25 The President shall make the appointments re-
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1 ferred to in this subparagraph within 90 days

2 after the enactment of this Act and shall ensure

3 that the fields of city planning, finance, real es4 tate development, and resource conservation are

5 adequately represented. Upon establishment of

6 the Trust, the Chairman of the Board of Direc7 tors of the Trust shall meet with the Chairman

8 of the Energy and Natural Resources Commit9 tee of the United States Senate and the Chair10 man of the Resources Committee of the United

11 States House of Representatives.

12 (2) TERMS.—Members of the Board appointed

13 under paragraph (1)(B) shall each serve for a term

14 of 4 years, except that of the members first ap15 pointed, 3 shall serve for a term of 2 years. Any va16 cancy in the Board shall be filled in the same man17 ner in which the original appointment was made,

18 and any member appointed to fill a vacancy shall

19 serve for the remainder of the term for which his or

20 her predecessor was appointed. No appointed mem21 ber may serve more than 8 years in consecutive

22 terms.

23 (3) QUORUM.—Four members of the Board

24 shall constitute a quorum for the conduct of busi25 ness by the Board.
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1 (4) ORGANIZATION AND COMPENSATION.—The

2 Board shall organize itself in such a manner as it

3 deems most appropriate to effectively carry out the

4 authorized activities of the Trust. Board members

5 shall serve without pay, but may be reimbursed for

6 the actual and necessary travel and subsistence ex7 penses incurred by them in the performance of the

8 duties of the Trust.

9 (5) LIABILITY OF DIRECTORS.—Members of the

10 Board of Directors shall not be considered Federal

11 employees by virtue of their membership on the

12 Board, except for purposes of the Federal Tort

13 Claims Act and the Ethics in Government Act, and

14 the provisions of chapter 11 of title 18, United

15 States Code.

16 (6) MEETINGS.—The Board shall meet at least

17 three times per year in San Francisco and at least

18 two of those meetings shall be open to the public.

19 Upon a majority vote, the Board may close any

20 other meetings to the public. The Board shall estab21 lish procedures for providing public information and

22 opportunities for public comment regarding policy,

23 planning, and design issues. The Board may estab24 lish procedures for providing public information and

25 opportunities for public comment regarding policy,
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1 planning, and design issues through the Golden Gate

2 National Recreation Area Advisory Commission.

3 (7) STAFF.—The Trust is authorized to appoint

4 and fix the compensation and duties of an executive

5 director and such other officers and employees as it

6 deems necessary without regard to the provisions of

7 title 5, United States Code, governing appointments

8 in the competitive service, and may pay them with9 out regard to the provisions of chapter 51, and sub10 chapter III of chapter 53, title 5, United States

11 Code, relating to classification and General Schedule

12 pay rates.

13 (8) NECESSARY POWERS.—The Trust shall

14 have all necessary and proper powers for the exercise

15 of the authorities vested in it.

16 (9) TAXES.—The Trust and all properties ad17 ministered by the Trust shall be exempt from all

18 taxes and special assessments of every kind by the

19 State of California, and its political subdivisions, in20 cluding the City and County of San Francisco.

21 (10) GOVERNMENT CORPORATION.—(A) The

22 Trust shall be treated as a wholly owned Govern23 ment corporation subject to chapter 91 of title 31,

24 United States Code (commonly referred to as the

25 Government Corporation Control Act). Financial
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1 statements of the Trust shall be audited annually in

2 accordance with section 9105 of title 31 of the

3 United States Code.

4 (B) At the end of each calendar year, the Trust

5 shall submit to the Committee on Energy and Natu6 ral Resources of the United States Senate and the

7 Committee on Resources of the House of Represent8 atives a comprehensive and detailed report of its op9 erations, activities, and accomplishments for the

10 prior fiscal year. The report also shall include a sec11 tion that describes in general terms the Trust’s

12 goals for the current fiscal year.

13 SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.

14 (a) OVERALL REQUIREMENTS OF THE TRUST.—The

15 Trust shall manage the leasing, maintenance, rehabilita16 tion, repair and improvement of property within the Pre17 sidio under its administrative jurisdiction using the au18 thorities provided in this section, which shall be exercised

19 in accordance with the purposes set forth in section 1 of

20 the Act entitled ‘‘An Act to establish the Golden Gate Na21 tional Recreation Area in the State of California, and for

22 other purposes’’, approved October 27, 1972 (Public Law

23 92–589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accord24 ance with the general objectives of the General Manage-
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1 ment Plan (hereinafter referred to as the ‘‘management

2 plan’’) approved for the Presidio.

3 (b) AUTHORITIES.—The Trust may participate in the

4 development of programs and activities at the properties

5 transferred to the Trust, except that the Trust shall have

6 the authority to negotiate and enter into such agreements,

7 leases, contracts and other arrangements with any person,

8 firm, association, organization, corporation or govern9 mental entity, including, without limitation, entities of

10 Federal, State and local governments as are necessary and

11 appropriate to carry out its authorized activities. Any such

12 agreement may be entered into without regard to section

13 321 of the Act of June 30, 1932 (40 U.S.C. 303b). The

14 Trust shall establish procedures for lease agreements and

15 other agreements for use and occupancy of Presidio facili16 ties, including a requirement that in entering into such

17 agreements the Trust shall obtain reasonable competition.

18 The Trust may not dispose of or convey fee title to any

19 real property transferred to it under this title. Federal

20 laws and regulations governing procurement by Federal

21 agencies shall not apply to the Trust, with the exception

22 of laws and regulations related to Federal Government

23 contracts governing working conditions and wage rates,

24 including the provisions of sections 276a–276a–6 of title

25 40, United States Code (Davis-Bacon Act), and any civil
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1 rights provisions otherwise applicable thereto. The Trust,

2 in consultation with the Administrator of Federal Procure3 ment Policy, shall establish and promulgate procedures

4 applicable to the Trust’s procurement of goods and serv5 ices including, but not limited to, the award of contracts

6 on the basis of contractor qualifications, price, commer7 cially reasonable buying practices, and reasonable com8 petition.

9 (c) MANAGEMENT PROGRAM.—The Trust shall de10 velop a comprehensive program for management of those

11 lands and facilities within the Presidio which are trans12 ferred to the administrative jurisdiction of the Trust. Such

13 program shall be designed to reduce expenditures by the

14 National Park Service and increase revenues to the Fed15 eral Government to the maximum extent possible. In car16 rying out this program, the Trust shall be treated as a

17 successor in interest to the National Park Service with re18 spect to compliance with the National Environmental Pol19 icy Act and other environmental compliance statutes. Such

20 program shall consist of—

21 (1) demolition of structures which in the opin22 ion of the Trust, cannot be cost-effectively rehabili23 tated, and which are identified in the management

24 plan for demolition,
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1 (2) evaluation for possible demolition or re2 placement those buildings identified as categories 2

3 through 5 in the Presidio of San Francisco Historic

4 Landmark District Historic American Buildings

5 Survey Report, dated 1985,

6 (3) new construction limited to replacement of

7 existing structures of similar size in existing areas of

8 development, and

9 (4) examination of a full range of reasonable

10 options for carrying out routine administrative and

11 facility management programs.

12 The Trust shall consult with the Secretary in the prepara13 tion of this program.

14 (d) FINANCIAL AUTHORITIES.—To augment or en15 courage the use of non-Federal funds to finance capital

16 improvements on Presidio properties transferred to its ju17 risdiction, the Trust, in addition to its other authorities,

18 shall have the following authorities subject to the Federal

19 Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):

20 (1) The authority to guarantee any lender

21 against loss of principal or interest on any loan: Pro22 vided, That—

23 (A) the terms of the guarantee are ap24 proved by the Secretary of the Treasury;
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1 (B) adequate subsidy budget authority is

2 provided in advance in appropriations Acts; and

3 (C) such guarantees are structured so as

4 to minimize potential cost to the Federal Gov5 ernment. No loan guarantee under this title

6 shall cover more than 75 percent of the unpaid

7 balance of the loan. The Trust may collect a fee

8 sufficient to cover its costs in connection with

9 each loan guaranteed under this title. The au10 thority to enter into any such loan guarantee

11 agreement shall expire at the end of 15 years

12 after the date of enactment of this title.

13 (2) The authority, subject to appropriations, to

14 make loans to the occupants of property managed by

15 the Trust for the preservation, restoration, mainte16 nance, or repair of such property.

17 (3) The authority to issue obligations to the

18 Secretary of the Treasury, but only if the Secretary

19 of the Treasury agrees to purchase such obligations

20 after determining that the projects to be funded

21 from the proceeds thereof are creditworthy and that

22 a repayment schedule is established and only to the

23 extent authorized in advance in appropriations Acts.

24 The Secretary of the Treasury is authorized to use

25 as a public debt transaction the proceeds from the
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1 sale of any securities issued under chapter 31 of title

2 31, United States Code, and the purposes for which

3 securities may be issued under such chapter are ex4 tended to include any purchase of such notes or obli5 gations acquired by the Secretary of the Treasury

6 under this subsection. Obligations issued under this

7 subparagraph shall be in such forms and denomina8 tions, bearing such maturities, and subject to such

9 terms and conditions, as may be prescribed by the

10 Secretary of the Treasury, and shall bear interest at

11 a rate determined by the Secretary of the Treasury,

12 taking into consideration current market yields on

13 outstanding marketable obligations of the United

14 States of comparable maturities. No funds appro15 priated to the Trust may be used for repayment of

16 principal or interest on, or redemption of, obligations

17 issued under this paragraph.

18 (4) The aggregate amount of obligations issued

19 under this subsection which are outstanding at any

20 one time may not exceed $50,000,000.

21 (e) DONATIONS.—The Trust may solicit and accept

22 donations of funds, property, supplies, or services from in23 dividuals, foundations, corporations, and other private or

24 public entities for the purpose of carrying out its duties.
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1 The Trust is encouraged to maintain a liaison with the

2 Golden Gate National Park Association.

3 (f) PUBLIC AGENCY.—The Trust shall be deemed to

4 be a public agency for purposes of entering into joint exer5 cise of powers agreements pursuant to California govern6 ment code section 6500 and related provisions of that

7 code.

8 (g) PROCEEDS.—Notwithstanding section 1341 of

9 title 31 of the United States Code, all proceeds received

10 by the Trust shall be retained by the Trust, and such pro11 ceeds shall be available, without further appropriation, for

12 the administration, preservation, restoration, operation

13 and maintenance, improvement, repair and related ex14 penses incurred with respect to Presidio properties under

15 its administrative jurisdiction. The Secretary of the Treas16 ury shall invest excess moneys of the Trust in public debt

17 securities which shall bear interest at rates determined by

18 the Secretary of the Treasury taking into consideration

19 the current average market yield on outstanding market20 able obligations of the United States of comparable matu21 rity.

22 (h) SUITS.—The Trust may sue and be sued in its

23 own name to the same extent as the Federal Government.

24 Litigation arising out of the activities of the Trust shall

25 be conducted by the Attorney General; except that the
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1 Trust may retain private attorneys to provide advice and

2 counsel. The District Court for the Northern District of

3 California shall have exclusive jurisdiction over any suit

4 filed against the Trust.

5 (i) MEMORANDUM OF AGREEMENT.—The Trust shall

6 enter into a Memorandum of Agreement with the Sec7 retary, acting through the Chief of the United States Park

8 Police, for the conduct of law enforcement activities and

9 services within those portions of the Presidio transferred

10 to the administrative jurisdiction of the Trust.

11 (j) BYLAWS, RULES, AND REGULATIONS.—The Trust

12 may adopt, amend, repeal, and enforce bylaws, rules and

13 regulations governing the manner in which its business

14 may be conducted and the powers vested in it may be exer15 cised. The Trust is authorized, in consultation with the

16 Secretary, to adopt and to enforce those rules and regula17 tions that are applicable to the Golden Gate National

18 Recreation Area and that may be necessary and appro19 priate to carry out its duties and responsibilities under

20 this title. The Trust shall give notice of the adoption of

21 such rules and regulations by publication in the Federal

22 Register.

23 (k) DIRECT NEGOTIATIONS.—For the purpose of

24 compliance with applicable laws and regulations concern25 ing properties transferred to the Trust by the Secretary,
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1 the Trust shall negotiate directly with regulatory authori2 ties.

3 (l) INSURANCE.—The Trust shall require that all

4 leaseholders and contractors procure proper insurance

5 against any loss in connection with properties under lease

6 or contract, or the authorized activities granted in such

7 lease or contract, as is reasonable and customary.

8 (m) BUILDING CODE COMPLIANCE.—The Trust shall

9 bring all properties under its administrative jurisdiction

10 into compliance with Federal building codes and regula11 tions appropriate to use and occupancy within 10 years

12 after the enactment of this title to the extent practicable.

13 (n) LEASING.—In managing and leasing the prop14 erties transferred to it, the Trust shall consider the extent

15 to which prospective tenants contribute to the implementa16 tion of the General Management Plan for the Presidio and

17 to the reduction of cost to the Federal Government. The

18 Trust shall give priority to the following categories of ten19 ants: Tenants that enhance the financial viability of the

20 Presidio and tenants that facilitate the cost-effective pres21 ervation of historic buildings through their reuse of such

22 buildings.

23 (o) REVERSION.—If, at the expiration of 15 years,

24 the Trust has not accomplished the goals and objectives

25 of the plan required in section 105(b) of this title, then
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1 all property under the administrative jurisdiction of the

2 Trust pursuant to section 103(b) of this title shall be

3 transferred to the Administrator of the General Services

4 Administration to be disposed of in accordance with the

5 procedures outlined in the Defense Authorization Act of

6 1990 (104 Stat. 1809), and any real property so trans7 ferred shall be deleted from the boundary of the Golden

8 Gate National Recreation Area. In the event of such trans9 fer, the terms and conditions of all agreements and loans

10 regarding such lands and facilities entered into by the

11 Trust shall be binding on any successor in interest.

12 SEC. 105. LIMITATIONS ON FUNDING.

13 (a)(1) From amounts made available to the Secretary

14 for the operation of areas within the Golden Gate National

15 Recreation Area, not more than $25,000,000 shall be

16 available to carry out this title in each fiscal year after

17 the enactment of this title until the plan is submitted

18 under subsection (b). Such sums shall remain available

19 until expended.

20 (2) After the plan required in subsection (b) is sub21 mitted, and for each of the 14 fiscal years thereafter, there

22 are authorized to be appropriated to the Trust not more

23 than the amounts specified in such plan. Such sums shall

24 remain available until expended. Of such sums, not more

25 than $3,000,000 annually shall be available through the
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1 Trust for law enforcement activities and services to be pro2 vided by the United States Park Police at the Presidio

3 in accordance with section 104(h) of this title.

4 (b) Within 1 year after the first meeting of the Board

5 of Directors of the Trust, the Trust shall submit to Con6 gress a plan which includes a schedule of annual decreas7 ing federally appropriated funding that will achieve, at a

8 minimum, self-sufficiency for the Trust within 15 com9 plete fiscal years after such meeting of the Trust. No fur10 ther funds shall be authorized for the Trust 15 years after

11 the first meeting of the Board of Directors of the Trust.

12 (c) The Administrator of the General Services Ad13 ministration shall provide necessary assistance, including

14 detailees as necessary, to the Trust in the formulation and

15 submission of the annual budget request for the adminis16 tration, operation, and maintenance of the Presidio.

17 SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

18 (a) Three years after the first meeting of the Board

19 of Directors of the Trust, the General Accounting Office

20 shall conduct an interim study of the activities of the

21 Trust and shall report the results of the study to the Com22 mittee on Energy and Natural Resources and the Commit23 tee on Appropriations of the United States Senate, and

24 the Committee on Resources and Committee on Appro25 priations of the House of Representatives. The study shall
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1 include, but shall not be limited to, details of how the

2 Trust is meeting its obligations under this title.

3 (b) In consultation with the Trust, the General Ac4 counting Office shall develop an interim schedule and plan

5 to reduce and replace the Federal appropriations to the

6 extent practicable for interpretive services conducted by

7 the National Park Service, and law enforcement activities

8 and services, fire and public safety programs conducted

9 by the Trust.

10 (c) Seven years after the first meeting of the Board

11 of Directors of the Trust, the General Accounting Office

12 shall conduct a comprehensive study of the activities of

13 the Trust, including the Trust’s progress in meeting its

14 obligations under this title, taking into consideration the

15 results of the study described in subsection (a) and the

16 implementation of plan and schedule required in sub17 section (b). The General Accounting Office shall report the

18 results of the study, including any adjustments to the plan

19 and schedule, to the Committee on Energy and Natural

20 Resources and the Committee on Appropriations of the

21 United States Senate, and the Committee on Resources

22 and Committee on Appropriations of the House of Rep23 resentatives.
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1 TITLE II—BOUNDARY ADJUST2 MENTS AND CONVEYANCES

3 SEC. 201. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY

4 ADJUSTMENT.

5 (a) IN GENERAL.—The boundaries of Yucca House

6 National Monument are revised to include the approxi7 mately 24.27 acres of land generally depicted on the map

8 entitled ‘‘Boundary—Yucca House National Monument,

9 Colorado’’, numbered 318/80,001–B, and dated February

10 1990.

11 (b) MAP.—The map referred to in subsection (a)

12 shall be on file and available for public inspection in ap13 propriate offices of the National Park Service of the De14 partment of the Interior.

15 (c) ACQUISITION.—

16 (1) IN GENERAL.—Within the lands described

17 in subsection (a), the Secretary of the Interior may

18 acquire lands and interests in lands by donation.

19 (2) The Secretary of the Interior may pay ad20 ministrative costs arising out of any donation de21 scribed in paragraph (1) with appropriated funds.

22 SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.

23 (a) ACQUISITION AND BOUNDARY CHANGE.—The

24 Secretary of the Interior is authorized to acquire by exchange approximately 5.48 acres located in the SW 1 25 ⁄4 of
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1 Section 28, Township 41 South, Range 10 West, Salt

2 Lake Base and Meridian. In exchange therefor the Sec3 retary is authorized to convey all right, title, and interest

4 of the United States in and to approximately 5.51 acres

5 in Lot 2 of Section 5, Township 41 South, Range 11 West,

6 both parcels of land being in Washington County, Utah.

7 Upon completion of such exchange, the Secretary is au8 thorized to revise the boundary of Zion National Park to

9 add the 5.48 acres in section 28 to the park and to exclude

10 the 5.51 acres in section 5 from the park. Land added

11 to the park shall be administered as part of the park in

12 accordance with the laws and regulations applicable there13 to.

14 (b) EXPIRATION.—The authority granted by this sec15 tion shall expire 2 years after the date of the enactment

16 of this Act.

17 SEC. 203. PICTURED ROCKS NATIONAL LAKESHORE

18 BOUNDARY ADJUSTMENT.

19 The boundary of Pictured Rocks National Lakeshore

20 is hereby modified as depicted on the map entitled ‘‘Area

21 Proposed for Addition to Pictured Rocks National Lake22 shore’’, numbered 625–80,043A, and dated July 1992.
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1 SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK

2 BOUNDARY ADJUSTMENT.

3 The administrative boundary between Independence

4 National Historical Park and the United States Customs

5 House along the Moravian Street Walkway in Philadel6 phia, Pennsylvania, is hereby modified as generally de7 picted on the drawing entitled ‘‘Exhibit 1, Independence

8 National Historical Park, Boundary Adjustment’’, and

9 dated May 1987, which shall be on file and available for

10 public inspection in the Office of the National Park Serv11 ice, Department of the Interior. The Secretary of the Inte12 rior is authorized to accept and transfer jurisdiction over

13 property in accord with such administrative boundary, as

14 modified by this section.

15 SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT

16 BOUNDARY ADJUSTMENT.

17 (a) BOUNDARY REVISION.—The boundary of Craters

18 of the Moon National Monument, Idaho, is revised to add

19 approximately 210 acres and to delete approximately 315

20 acres as generally depicted on the map entitled ‘‘Craters

21 of the Moon National Monument, Idaho, Proposed 1987

22 Boundary Adjustment’’, numbered 131–80,008, and dated

23 October 1987, which map shall be on file and available

24 for public inspection in the office of the National Park

25 Service, Department of the Interior.
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1 (b) ADMINISTRATION AND ACQUISITION.—Federal

2 lands and interests therein deleted from the boundary of

3 the national monument by this section shall be adminis4 tered by the Secretary of the Interior through the Bureau

5 of Land Management in accordance with the Federal

6 Land Policy and Management Act of 1976 (43 U.S.C.

7 1701 et seq.), and Federal lands and interests therein

8 added to the national monument by this section shall be

9 administered by the Secretary as part of the national

10 monument, subject to the laws and regulations applicable

11 thereto. The Secretary is authorized to acquire private

12 lands and interests therein within the boundary of the na13 tional monument by donation, purchase with donated or

14 appropriated funds, or exchange, and when acquired they

15 shall be administered by the Secretary as part of the na16 tional monument, subject to the laws and regulations ap17 plicable thereto.

18 SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT

19 BOUNDARY ADJUSTMENT.

20 Section 302 of the Arizona-Idaho Conservation Act

21 of 1988 (102 Stat. 4576) is amended by adding the follow22 ing new subsection after subsection (c):

23 ‘‘(d) To further the purposes of the monument, the

24 Secretary is also authorized to acquire from willing sellers

25 only, by donation, purchase with donated or appropriated
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1 funds, or exchange not to exceed 65 acres outside the

2 boundary depicted on the map referred to in section 301

3 and develop and operate thereon research, information, in4 terpretive, and administrative facilities. Lands acquired

5 and facilities developed pursuant to this subsection shall

6 be administered by the Secretary as part of the monu7 ment. The boundary of the monument shall be modified

8 to include the lands added under this subsection as a non9 contiguous parcel.’’.

10 SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY AD11 JUSTMENT.

12 The boundaries of the Wupatki National Monument,

13 Arizona, are hereby revised to include the lands and inter14 ests in lands within the area generally depicted as ‘‘Pro15 posed Addition 168.89 Acres’’ on the map entitled

16 ‘‘Boundary—Wupatki and Sunset Crater National Monu17 ments, Arizona’’, numbered 322–80,021, and dated April

18 1989. The map shall be on file and available for public

19 inspection in the Office of the National Park Service, De20 partment of the Interior. Subject to valid existing rights,

21 Federal lands and interests therein within the area added

22 to the monument by this section are hereby transferred

23 without monetary consideration or reimbursement to the

24 administrative jurisdiction of the National Park Service,
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1 to be administered as part of the monument in accordance

2 with the laws and regulations applicable thereto.

3 SEC. 208. WALNUT CANYON NATIONAL MONUMENT BOUND4 ARY MODIFICATION.

5 (a) PURPOSE.—The purpose of this section is to mod6 ify the boundaries of the Walnut Canyon National Monu7 ment (hereafter in this section referred to as the ‘‘national

8 monument’’) to improve management of the national

9 monument and associated resources.

10 (b) BOUNDARY MODIFICATION.—Effective on the

11 date of enactment of this Act, the boundaries of the na12 tional monument shall be modified as depicted on the map

13 entitled ‘‘Boundary Proposal—Walnut Canyon National

14 Monument, Coconino County, Arizona’’, numbered 360/

15 80,010, and dated September 1994. Such map shall be

16 on file and available for public inspection in the offices

17 of the Director of the National Park Service, Department

18 of the Interior. The Secretary of the Interior, in consulta19 tion with the Secretary of Agriculture, is authorized to

20 make technical and clerical corrections to such map.

21 (c) ACQUISITION AND TRANSFER OF PROPERTY.—

22 The Secretary of the Interior is authorized to acquire

23 lands and interest in lands within the national monument,

24 by donation, purchase with donated or appropriated funds,

25 or exchange. Federal property within the boundaries of the
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1 national monument (as modified by this section) is hereby

2 transferred to the administrative jurisdiction of the Sec3 retary of the Interior for management as part of the na4 tional monument. Federal property excluded from the

5 monument pursuant to the boundary modification under

6 subsection (b) is hereby transferred to the administrative

7 jurisdiction of the Secretary of Agriculture to be managed

8 as a part of the Coconino National Forest.

9 (d) ADMINISTRATION.—The Secretary of the Inte10 rior, acting through the Director of the National Park

11 Service, shall manage the national monument in accord12 ance with this title and the provisions of law generally ap13 plicable to units of the National Park Service, including

14 ‘‘An Act to establish a National Park Service, and for

15 other purposes’’ approved August 25, 1916 (39 Stat. 535;

16 16 U.S.C. 1, 2–4).

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There

18 are hereby authorized to be appropriated such sums as

19 may be necessary to carry out this section.

20 SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEY21 ANCE.

22 (a) PURPOSE.—It is the purpose of this section to

23 authorize and direct the Secretary of Agriculture to con24 vey, without consideration, certain lands in Butte County,
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1 California, to persons claiming to have been deprived of

2 title to such lands.

3 (b) DEFINITIONS.—For the purpose of this section:

4 (1) The term ‘‘affected lands’’ means those

5 Federal lands located in the Plumas National Forest

6 in Butte County, California, in sections 11, 12, 13,

7 and 14, township 21 north, range 5 East, Mount

8 Diablo Meridian, as described by the dependent re9 survey by the Bureau of Land Management con10 ducted in 1992, and subsequent Forest Service land

11 line location surveys, including all adjoining parcels

12 where the property line as identified by the 1992

13 BLM dependent resurvey and National Forest

14 boundary lines before such dependent resurvey are

15 not coincident.

16 (2) The term ‘‘claimant’’ means an owner of

17 real property in Butte County, California, whose real

18 property adjoins Plumas National Forest lands de19 scribed in paragraph (1), who claims to have been

20 deprived by the United States of title to property as

21 a result of previous erroneous surveys.

22 (3) The term ‘‘Secretary’’ means the Secretary

23 of Agriculture.

24 (c) CONVEYANCE OF LANDS.—Notwithstanding any

25 other provision of law, the Secretary is authorized and di-
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1 rected to convey, without consideration, all right, title, and

2 interest of the United States in and to affected lands as

3 described in subsection (b)(1), to any claimant or claim4 ants, upon proper application from such claimant or

5 claimants, as provided in subsection (d).

6 (d) NOTIFICATION.—Not later than 2 years after the

7 date of enactment of this Act, claimants shall notify the

8 Secretary, through the Forest Supervisor of the Plumas

9 National Forest, in writing of their claim to affected lands.

10 Such claim shall be accompanied by—

11 (1) a description of the affected lands claimed;

12 (2) information relating to the claim of owner13 ship of such lands; and

14 (3) such other information as the Secretary

15 may require.

16 (e) ISSUANCE OF DEED.—(1) Upon a determination

17 by the Secretary that issuance of a deed for affected lands

18 is consistent with the purpose and requirements of this

19 section, the Secretary shall issue a quit claim deed to such

20 claimant for the parcel to be conveyed.

21 (2) Prior to the issuance of any such deed as provided

22 in paragraph (1), the Secretary shall ensure that—

23 (A) the parcel or parcels to be conveyed have

24 been surveyed in accordance with the Memorandum

25 of Understanding between the Forest Service and
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1 the Bureau of Land Management, dated November

2 11, 1989;

3 (B) all new property lines established by such

4 surveys have been monumented and marked; and

5 (C) all terms and conditions necessary to pro6 tect third party and Government Rights-of-Way or

7 other interests are included in the deed.

8 (3) The Federal Government shall be responsible for

9 all surveys and property line markings necessary to imple10 ment this subsection.

11 (f) NOTIFICATION TO BLM.—The Secretary shall

12 submit to the Secretary of the Interior an authenticated

13 copy of each deed issued pursuant to this section no later

14 than 30 days after the date such deed is issued.

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as necessary

17 to carry out the purposes of this section.

18 SEC. 210. TAOS PUEBLO LAND TRANSFER.

19 (a) TRANSFER.—The parcel of land described in sub20 section (b) is hereby transferred without consideration to

21 the Secretary of the Interior to be held in trust for the

22 Pueblo de Taos. Such parcel shall be a part of the Pueblo

23 de Taos Reservation and shall be managed in accordance

24 with section 4 of the Act of May 31, 1933 (48 Stat. 108)
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1 (as amended, including as amended by Public Law 91–

2 550 (84 Stat. 1437)).

3 (b) LAND DESCRIPTION.—The parcel of land re4 ferred to in subsection (a) is the land that is generally

5 depicted on the map entitled ‘‘Lands transferred to the

6 Pueblo of Taos—proposed’’ and dated September 1994,

7 comprises 764.33 acres, and is situated within sections 25,

8 26, 35, and 36, Township 27 North, Range 14 East, New

9 Mexico Principal Meridian, within the Wheeler Peak Wil10 derness, Carson National Forest, Taos County, New Mex11 ico.

12 (c) CONFORMING BOUNDARY ADJUSTMENTS.—The

13 boundaries of the Carson National Forest and the Wheeler

14 Peak Wilderness are hereby adjusted to reflect the trans15 fer made by subsection (a).

16 (d) RESOLUTION OF OUTSTANDING CLAIMS.—The

17 Congress finds and declares that, as a result of the enact18 ment of this section, the Taos Pueblo has no unresolved

19 equitable or legal claims against the United States on the

20 lands to be held in trust and to become part of the Pueblo

21 de Taos Reservation under this section.

22 SEC. 211. COLONIAL NATIONAL HISTORICAL PARK.

23 (a) TRANSFER AND RIGHTS-OF-WAY.—The Sec24 retary of the Interior (hereinafter in this section referred

25 to as the ‘‘Secretary’’) is authorized to transfer, without
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1 reimbursement, to York County, Virginia, that portion of

2 the existing sewage disposal system, including related im3 provements and structures, owned by the United States

4 and located within the Colonial National Historical Park,

5 together with such rights-of-way as are determined by the

6 Secretary to be necessary to maintain and operate such

7 system.

8 (b) REPAIR AND REHABILITATION OF SYSTEM.—The

9 Secretary is authorized to enter into a cooperative agree10 ment with York County, Virginia, under which the Sec11 retary will pay a portion, not to exceed $110,000, of the

12 costs of repair and rehabilitation of the sewage disposal

13 system referred to in subsection (a).

14 (c) FEES AND CHARGES.—In consideration for the

15 rights-of-way granted under subsection (a), and in rec16 ognition of the National Park Service’s contribution au17 thorized under subsection (b), the cooperative agreement

18 under subsection (b) shall provide for a reduction in, or

19 the elimination of, the amounts charged to the National

20 Park Service for its sewage disposal. The cooperative

21 agreement shall also provide for minimizing the impact of

22 the sewage disposal system on the park and its resources.

23 Such system may not be enlarged or substantially altered

24 without National Park Service concurrence.
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1 (d) INCLUSION OF LAND IN COLONIAL NATIONAL

2 HISTORICAL PARK.—Notwithstanding the provisions of

3 the Act of June 28, 1938 (52 Stat. 1208; 16 U.S.C. 81b

4 et seq.), limiting the average width of the Colonial Park5 way, the Secretary of the Interior is authorized to include

6 within the boundaries of Colonial National Historical Park

7 and to acquire by donation, exchange, or purchase with

8 donated or appropriated funds the lands or interests in

9 lands (with or without improvements) within the areas de10 picted on the map dated August 1993, numbered 333/

11 80031A, and entitled ‘‘Page Landing Addition to Colonial

12 National Historical Park’’. Such map shall be on file and

13 available for inspection in the offices of the National Park

14 Service at Colonial National Historical Park and in Wash15 ington, District of Columbia.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated such sums as are nec18 essary to carry out this section.

19 SEC. 212. CUPRUM, IDAHO RELIEF.

20 (a) FINDINGS.—The Congress finds and declares

21 that:

22 (1) In 1899, the citizens of Cuprum, Idaho,

23 commissioned E.S. Hesse to conduct a survey de24 scribing these lands occupied by their community.
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1 The purpose of this survey was to provide a basis for

2 the application for a townsite patent.

3 (2) In 1909, the Cuprum Townsite patent

4 (Number 52817) was granted, based on an aliquot

5 parts description which was intended to circumscribe

6 the Hesse survey.

7 (3) Since the day of the patent, the Hesse sur8 vey has been used continuously by the community of

9 Cuprum and by Adams Country, Idaho, as the offi10 cial townsite plat and basis for conveyance of title

11 within the townsite.

12 (4) Recent boundary surveys conducted by the

13 United States Department of Agriculture, Forest

14 Service, and the United States Department of the

15 Interior, Bureau of Land Management, discovered

16 inconsistencies between the official aliquot parts de17 scription of the patented Cuprum Townsite and the

18 Hesse survey. Many lots along the south and east

19 boundaries of the townsite are now known to extend

20 onto National Forest System lands outside the town21 site.

22 (5) It is the determination of Congress that the

23 original intent of the Cuprum Townsite application

24 was to include all the lands described by the Hesse

25 survey.
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1 (b) PURPOSE.—It is the purpose of this section to

2 amend the 1909 Cuprum Townsite patent to include those

3 additional lands described by the Hesse survey in addition

4 to other lands necessary to provide an administratively ac5 ceptable boundary to the National Forest System.

6 (c) AMENDMENT OF PATENT.—The 1909 Cuprum

7 Townsite patent is hereby amended to include parcels 1

8 and 2, identified on the plat, marked as ‘‘Township 20

9 North, Range 3 West, Boise Meridian, Idaho, Section 10:

10 Proposed Patent Adjustment Cuprum Townsite, Idaho’’

11 prepared by Payette N.F.—Land Survey Unit, drawn and

12 approved by Tom Betzold, Forest Land Surveyor, on April

13 25, 1995. Such additional lands are hereby conveyed to

14 the original patentee, Pitts Ellis, trustee, and Probate

15 Judge of Washington County, Idaho, or any successors or

16 assigns in interest in accordance with State law. The Sec17 retary of Agriculture may correct clerical and typo18 graphical errors in such plat.

19 (d) SURVEY.—The Federal Government shall survey

20 the Federal property lines and mark and post the bound21 aries necessary to implement this section.

22 SEC. 213. CONVEYANCE OF CERTAIN PROPERTY TO THE

23 STATE OF WYOMING.

24 (a) CONVEYANCE.—
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1 (1) IN GENERAL.—Not later than 180 days

2 after the date of enactment of this Act, the Sec3 retary of the Interior shall convey to the State of

4 Wyoming without reimbursement—

5 (A) all right, title, and interest of the

6 United States in and to the portion of the prop7 erty commonly known as ‘‘Ranch A’’ in Crook

8 County, Wyoming, other than the portion de9 scribed in subparagraph (B), consisting of ap10 proximately 600 acres of land (including all real

11 property, buildings, and all other improvements

12 to real property) and all personal property (in13 cluding art, historic light fixtures, wildlife

14 mounts, draperies, rugs, and furniture directly

15 related to the site, including personal property

16 on loan to museums and other entities at the

17 time of transfer); and

18 (B) all right, title, and interest of the

19 United States in and to all buildings and relat20 ed improvements and all personal property as21 sociated with the real property described as

22 Township 52 North, Range 61 West, Section

24 N1⁄2 SE1 23 ⁄4, consisting of approximately 80

24 acres of land, including a permanent right of

25 way to allow the use of the improvements and
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1 personal property as provided in subsection

2 (b)(1).

3 (b) USE AND REVERSIONARY INTEREST.—

4 (1) USE.—The property conveyed to the State

5 of Wyoming under this section shall be retained in

6 public ownership and be used by the State for the

7 purposes of—

8 (A) fish and wildlife management and edu9 cational activities; and

10 (B) using, maintaining, displaying, and re11 storing, through State or local agreements, or

12 both, the museum-quality real and personal

13 property and the historical interests and signifi14 cance of the real and personal property, consist15 ent with applicable Federal and State laws.

16 (2) ACCESS BY INSTITUTIONS OF HIGHER EDU17 CATION.—The State of Wyoming shall provide ac18 cess to the property for institutions of higher edu19 cation at a compensation level that is agreed to by

20 the State and the institutions of higher education.

21 (3) REVERSION.—All right, title, and interest in

22 and to the property shall revert to the United States

23 if—
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1 (A) the property described in subsection

2 (a) is not used by the State of Wyoming for the

3 purposes set forth in paragraph (1);

4 (B) there is any development of the prop5 erty (including commercial or recreational de6 velopment, but not including the construction of

7 small structures strictly in accordance with

8 paragraph (1)); or

9 (C) the State does not make every reason10 able effort to protect and maintain the quality

11 and quantity of fish and wildlife habitat on the

12 property.

13 (c) ADDITION TO THE BLACK HILLS NATIONAL FOR14 EST.—

15 (1) TRANSFER.—Administrative jurisdiction of

16 the real property described in subsection (a)(1)(B)

17 (excluding the improvements and personal property

18 conveyed to the State of Wyoming) is transferred to

19 the Secretary of Agriculture, to be included in and

20 managed as part of the Black Hills National Forest.

21 (2) NO HUNTING OR MINERAL DEVELOP22 MENT.—No hunting or mineral development shall be

23 permitted on any of the land transferred to the ad24 ministrative jurisdiction of the Secretary of Agri25 culture by paragraph (1).
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1 SEC. 214. RELINQUISHMENT OF INTEREST.

2 (a) IN GENERAL.—The United States relinquishes all

3 right, title, and interest that the United States may have

4 in land that—

5 (1) was subject to a right-of-way that was

6 granted to the predecessor of the Chicago and

7 Northwestern Transportation Company under the

8 Act entitled ‘‘An Act granting to railroads the right

9 of way through the public lands of the United

10 States’’, approved March 3, 1875 (43 U.S.C. 934 et

11 seq.), which right-of-way the Company has conveyed

12 to the city of Douglas, Wyoming; and

13 (2) is located within the boundaries of the city

14 limits of the city of Douglas, Wyoming, or between

15 the right-of-way of Interstate 25 and the city limits

16 of the city of Douglas, Wyoming,

17 as determined by the Secretary of the Interior in consulta18 tion with the appropriate officials of the city of Douglas,

19 Wyoming.

20 (b) CONVEYANCE.—As soon as practicable after the

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

22 shall file for recordation in the real property records of

23 Converse County, Wyoming, a deed or other appropriate

24 form of instrument conveying to the city of Douglas, Wyo25 ming, all right, title, and interest in the land described

26 in subsection (a).
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1 (c) CONVEYANCE OF CERTAIN PROPERTY TO THE

2 BIG HORN COUNTY SCHOOL DISTRICT NUMBER 1, WYO3 MING.—The Secretary of the Interior shall convey, by quit

4 claim deed, to the Big Horn County School District Num5 ber 1, Wyoming, all right, title, and interest of the United

6 States in and to the following described lands in Big Horn

7 County, Wyoming: Lots 19–24 of Block 22, all within the

town of Frannie, Wyoming, in the S1⁄2NW1⁄4NW1 8 ⁄4 and

N1⁄2SW1⁄4NW1 9 ⁄4 of section 31 of T. 58N., R. 97 W., Big

10 Horn County.

11 SEC. 215. MODOC NATIONAL FOREST.

12 (a) IN GENERAL.—The boundary of the Modoc Na13 tional Forest is hereby modified to include and encompass

14 760 acres, more or less, on the following described lands:

15 Mount Diablo Meridian, Lassen County, California, T. 38

N., R. 10 E., sec. 5, SE1⁄4NW1⁄4, E1⁄2SW1 16 ⁄4; sec. 8,

E1⁄2NE1⁄4, NE1⁄4NW1⁄4, NE1⁄4SE1⁄4; sec. 16, W1 17 ⁄2; sec.

25, Lots 13, 14 and 15 (S1⁄2SW1⁄4, SW1⁄4SE1 18 ⁄4); T. 37

N., R. 11 E., sec. 20, NW1⁄4SE1 19 ⁄4.

20 (b) RULE FOR LAND AND WATER CONSERVATION

21 FUND.—For the purposes of section 7 of the Land and

22 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

23 9), the boundary of the Modoc National Forest, as modi24 fied by this title, shall be considered to be the boundary

25 of that National Forest as of January 1, 1965.
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1 SEC. 216. CONVEYANCE TO CITY OF SUMPTER, OREGON.

2 (a) CONVEYANCE REQUIRED.—The Secretary of Ag3 riculture shall convey, without consideration, to the city

4 of Sumpter, Oregon (in this section referred to as the

5 ‘‘City’’), all right, title, and interest of the United States

6 in and to a parcel of real property of approximately 1.43

7 acres consisting of all of block 8 of the REVISED PLAN

8 OF SUMPTER TOWNSITE in the City, as shown in plat

9 recorded March 6, 1897, in Plat Book 3, page 26; includ10 ing the alley running through such block, vacated by Ordi11 nance No. 1966–3, recorded December 14, 1966, in Deed

12 66–50–014.

13 (b) ADDITIONAL DESCRIPTION OF PROPERTY.—The

14 real property to be conveyed under subsection (a) consists

15 of the same property that was deeded to the United States

16 in the following deeds:

17 (1) Warranty Deed from Sumpter Power &

18 Water Company to the United States of America

19 dated October 12, 1949, and recorded in Vol. 152,

20 page 170 of Baker County records on December 22,

21 1949.

22 (2) Warranty Deed from Mrs. Alice Windle to

23 the United States of America dated October 11,

24 1949, and recorded in Vol. 152, page 168 of Baker

25 County records on December 22, 1949.
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1 (3) Warranty Deed from Alice L. Windle

2 Charles and James M. Charles to the United States

3 of America dated August 8, 1962, and recorded in

4 Book 172, page 1331 on August 27, 1962.

5 (c) CONDITION OF CONVEYANCE.—The conveyance

6 under subsection (a) shall be subject to the condition that

7 the City use the conveyed property only for public pur8 poses, such as a city park, information center, or interpre9 tive area.

10 (d) RELEASE.—Upon making the conveyance re11 quired by subsection (a), the United States is relieved

12 from liability for any and all claims arising from the pres13 ence of materials on the conveyed property.

14 (e) REVERSIONARY INTEREST.—If the Secretary of

15 Agriculture determines that the real property conveyed

16 under subsection (a) is not being used in accordance with

17 the condition specified in subsection (c) or that the City

18 has initiated proceedings to sell, lease, exchange, or other19 wise dispose of all or a portion of the property, then, at

20 the option of the Secretary, the United States shall have

21 a right of reentry with regard to the property, with title

22 thereto revesting in the United States.

23 (f) AUTHORIZED SALE OF PROPERTY.—Notwith24 standing subsections (c) and (e), the Secretary of Agri25 culture may authorize the City to dispose of the real prop-
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•HR 4236 IH

1 erty conveyed under subsection (a) if the proceeds from

2 such disposal are at least equal to the fair market value

3 of the property and are paid to the United States. The

4 Secretary shall deposit amounts received under this sub5 section into the special fund in the Treasury into which

6 funds are deposited pursuant to the Act of December 4,

7 1967 (16 U.S.C. 484a), commonly known as the Sisk Act.

8 The disposal of the conveyed property under this sub9 section shall be subject to such terms and conditions as

10 the Secretary may prescribe.

11 (g) ADDITIONAL TERMS AND CONDITIONS.—The

12 Secretary of Agriculture may require such additional

13 terms and conditions in connection with the conveyance

14 under subsection (a) as the Secretary considers appro15 priate to protect the interests of the United States.

16 SEC. 217. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

17 (a) AUTHORITY.—Notwithstanding the Act of June

18 11, 1940 (16 U.S.C. 261 et seq.), the Secretary of the

19 Interior is authorized to acquire by donation, purchase

20 with donated or appropriated funds, or exchange not to

21 exceed 10 acres of land or interests in land, which shall

22 consist of those necessary lands for the establishment of

23 trailheads to be located at White Rocks and Chadwell Gap.

24 (b) ADMINISTRATION.—Lands and interests in lands

25 acquired pursuant to subsection (a) shall be added to and
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1 administered as part of Cumberland Gap National Histor2 ical Park.

3 SEC. 218. SHENANDOAH NATIONAL PARK.

4 (a) IN GENERAL.—The boundary of Shenandoah Na5 tional Park is hereby modified to include only those lands

6 and interests therein that, on the day before the date of

7 the enactment of this Act, were in Federal ownership and

8 were administered by the Secretary of the Interior (herein9 after in this title referred to as the ‘‘Secretary’’) as part

10 of the park. So much of the Act of May 22, 1926 (Chapter

11 363; 44 Stat. 616) as is inconsistent herewith is hereby

12 repealed.

13 (b) MINOR BOUNDARY ADJUSTMENTS.—

14 (1) MINOR BOUNDARY ADJUSTMENTS.—The

15 Secretary is authorized to make minor adjustments

16 to the boundary of Shenandoah National Park, as

17 modified by this section, to make essential improve18 ments to facilitate access to trailheads to the park

19 that exist on the day before the date of the enact20 ment of this Act. In addition, the Secretary may ac21 quire or accept donations of lands adjacent to the

22 park for the purposes of making minor boundary ad23 justments, whenever the Secretary determines such

24 lands would further the purposes of the park.
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1 (2) FURTHER LIMITATIONS ON MINOR BOUND2 ARY ADJUSTMENTS.—

3 (A) IN GENERAL.—Except as otherwise

4 provided in this subsection, the Secretary may

5 acquire lands and interests therein under this

6 subsection only—

7 (i) by donation, or exchange; and

8 (ii) with the consent of the owner.

9 (B) ADDITIONAL RESTRICTIONS.—When

10 acting under this subsection—

11 (i) the Secretary may add to the

12 Shenandoah National Park only lands and

13 interests therein that are contiguous with

14 Federal lands administered by the Sec15 retary as part of the park;

16 (ii) prior to accepting title to any

17 lands or interests therein, the Secretary

18 shall hold a public meeting in the county

19 in which such lands and interests are lo20 cated;

21 (iii) the Secretary shall not alter the

22 primary means of access of any private

23 landowner to the lands owned by such

24 landowner; and
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1 (iv) the Secretary shall not cause any

2 property owned by a private individual, or

3 any group of adjacent properties owned by

4 private individuals, to be surrounded on all

5 sides by land administered by the Sec6 retary as part of the park.

7 (C) PUBLIC LAND.—Lands or interests in

8 land located within the boundaries of a park

9 owned by the Commonwealth of Virginia or a

10 political subdivision of the Commonwealth of

11 Virginia may be acquired by the Secretary

12 under this section only by donation or ex13 change.

14 (D) NO CONDEMNATION.—Under this sec15 tion, the Secretary may not accept a donation

16 of land or an interest in land that was acquired

17 through condemnation.

18 (c) MITIGATION OF IMPACTS AT ACCESS POINTS.—

19 The Secretary shall take all reasonable actions to mitigate

20 the impacts associated with visitor use at trailheads

21 around the perimeter of Shenandoah National Park. The

22 Secretary shall enlist the cooperation of the State and

23 local jurisdictions, as appropriate, in carrying out this sub24 section.
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1 (d) COMPREHENSIVE BOUNDARY STUDY.—Within 3

2 years after the date of enactment of this Act, the Sec3 retary shall complete a comprehensive boundary study for

4 Shenandoah National Park in accordance with the Na5 tional Environmental Policy Act. The Secretary shall for6 ward copies of such study to the appropriate congressional

7 committees.

8 SEC. 219. TULARE CONVEYANCE.

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, and subject to subsections (c), (d), and (e),

11 the following conveyance is hereby validated to the extent

12 that the conveyances would have been legal or valid if all

13 right, title, and interest of the United States had been held

14 by the Southern Pacific Transportation Company at the

15 time of such conveyance:

16 (1) Conveyance of parcels from the lands de17 scribed in subsection (b) made by the Southern Pa18 cific Transportation Company or its subsidiaries,

19 predecessors, successors, agents, or assigns, on or

20 before April 15, 1996.

21 (2) Conveyance of parcels from the lands de22 scribed in paragraphs (1) and (2) of subsection (b)

23 made after April 15, 1996, by the Southern Pacific

24 Transportation Company, or its successors, agents,
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1 or assigns, to the Redevelopment Agency of the city

2 of Tulare.

3 (b) LANDS DESCRIBED.—The lands referred to in

4 subsection (a) are the lands that—

5 (1) formed part of a railroad right-of-way

6 granted to the Southern Pacific Railroad Company,

7 or its successors, agents, or assigns, by the Federal

8 Government; and

9 (2) are located within the boundaries of Amend10 ed Urban Renewal Plan for California A–8–1 (the

11 Downtown Plan) adopted by the city of Tulare, Cali12 fornia, generally depicted on the map entitled

13 ‘‘Amended Urban Renewal Plan for California A–8–

14 1’’, dated March 7, 1989.

15 The map referred to in paragraph (2) shall be on file and

16 available for public inspection in the offices of the director

17 of the Bureau of Land Management.

18 (c) MINERALS.—(1) The United States hereby re19 serves any federally owned minerals that may exist in land

20 that is conveyed pursuant to this section, including the

21 right of the United States, its assignees or lessees, to enter

22 upon and utilize as much of the surface of such land as

23 is necessary to remove minerals under the laws of the

24 United States.
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1 (2) Any and all minerals reserved by paragraph (1)

2 are hereby withdrawn from all forms of entry, appropria3 tion, and patent under the mining, mineral leasing, and

4 geothermal leasing laws of the United States.

5 (d) TAKING OF PRIVATE LAND.—If the validation of

6 any conveyance pursuant to subsection (a) would con7 stitute a taking of the private property within the meaning

8 of the Fifth Amendment to the United States Constitu9 tion, the validation of the conveyance shall be effective

10 only upon payment by the Southern Pacific Transpor11 tation Company (or its subsidiaries, successors, agents, or

12 assigns) to the Secretary of the Treasury of the fair mar13 ket value of the property taken.

14 (e) PRESERVATION OF EXISTING RIGHTS OF AC15 CESS.—Nothing in this section shall impair any existing

16 rights of access in favor of the public or any owner of

17 adjacent lands over, under or across the lands which are

18 referred to in subsection (a).

19 SEC. 220. ALPINE SCHOOL DISTRICT.

20 (a) CONVEYANCE REQUIRED.—(1) The Secretary of

21 Agriculture shall convey, without consideration, to the Al22 pine Elementary School District 7 of the State of Arizona

23 (in this section referred to as the ‘‘School District’’), all

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

25 a parcel of real property, including any improvements
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1 thereon, consisting of approximately 30 acres located in

2 the Apache National Forest, Apache County, Arizona, and

further delineated as follows: North 1⁄2 of Northeast 1 3 ⁄4

of Southeast 1 4 ⁄4 of section 14, Township 5 North, Range

30 East, Gila and Salt River meridian, and North 1 5 ⁄2 of

South 1⁄2 of Northeast 1⁄4 of Southeast 1 6 ⁄4 of such section.

7 (2) The exact acreage and legal description of the real

8 property to be conveyed under paragraph (1) shall be de9 termined by a survey satisfactory to the Secretary. The

10 cost of the survey shall be borne by the School District.

11 (b) CONDITION OF CONVEYANCE.—The conveyance

12 made under subsection (a) shall be subject to the condition

13 that the School District use the conveyed property for pub14 lic school facilities and related public school recreational

15 purposes.

16 (c) RIGHT OF REENTRY.—The United States shall

17 retain a right of reentry in the property to be conveyed.

18 If the Secretary determines that the conveyed property is

19 not being used in accordance with the condition in sub20 section (b), the United States shall have the right to reen21 ter the conveyed property without consideration.

22 (d) ENCUMBRANCES.—The conveyance made under

23 subsection (a) shall be subject to all encumbrances on the

24 property existing as of the date of the enactment of this

25 Act.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary may require such additional terms and condi3 tions in connection with the conveyance under subsection

4 (a) as the Secretary considers appropriate to protect the

5 interests of the United States.

6 SEC. 221. MERCED IRRIGATION DISTRICT LAND EXCHANGE.

7 (a) CONVEYANCE.—(1) The Secretary of the Interior

8 may convey the Federal lands described in subsection

9 (d)(1) in exchange for the non-Federal lands described in

10 subsection (d)(2), in accordance with the provisions of this

11 Act.

12 (b) APPLICABILITY OF OTHER PROVISIONS OF

13 LAW.—The land exchange required in this section shall

14 be carried out in accordance with section 206 of the Fed15 eral Land Policy and Management Act of 1976 (43 U.S.C.

16 1716) and in accordance with other applicable laws.

17 (c) ACCEPTABILITY OF TITLE AND MANNER OF CON18 VEYANCE.—The Secretary of the Interior shall not carry

19 out an exchange described in subsection (a) unless the title

20 to the non-Federal lands to be conveyed to the United

21 States, and the form and procedures of conveyance, are

22 acceptable to the Secretary.

23 (d) LANDS TO BE EXCHANGED.—

24 (1) FEDERAL LANDS TO BE EXCHANGED.—The

25 Federal lands referred to in this section to be ex-
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1 changed consist of approximately 179.4 acres in

2 Mariposa County, California as generally depicted on

3 the map entitled ‘‘Merced Irrigation District Ex4 change—Proposed, Federal Land’’, dated March 15,

5 1995, more particularly described as follows:

6 T. 3 S., R. 15 E., MDM (Mount Diablo

Meridian): sec. 35, SW1⁄4SE1 7 ⁄4, containing ap8 proximately 40 acres.

9 T. 4 S., R. 15 E., MDM (Mount Diablo

10 Meridian):

Sec. 14: E1⁄2SE1⁄4SE1 11 ⁄4, containing

12 approximately 20 acres.

Sec. 23: NE1⁄4SE1 13 ⁄4, containing ap14 proximately 40 acres.

15 T. 5 S., R. 15 E., MDM (Mount Diablo

16 Meridian):

17 Sec. 2: Lot 1, containing approxi18 mately 57.9 acres.

19 Sec. 3: Lots 7 thru 15, containing ap20 proximately 21.5 acres.

21 (2) NON-FEDERAL LANDS TO BE EX22 CHANGED.—The non-Federal lands referred to in

23 this section to be exchanged consist of approximately

24 160 acres in Mariposa County, California as gen-
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1 erally depicted on the map entitled ‘‘Merced Irriga2 tion District Exchange—Proposed, Non-Federal

3 Land’’, dated March 15, 1995, more particularly de4 scribed as T. 4 S., R17E MDM (Mount Diablo Meridian): sec. 2, SE1 5 ⁄4.

6 (3) MAPS.—The maps referred to in this sub7 section shall be on file and available for inspection

8 in the office of the Director of the Bureau of Land

9 Management.

10 (4) PARTIAL REVOCATION OF WITHDRAWALS.—

11 The Executive order of December 31, 1912, creating

12 Powersite Reserve No. 328, and the withdrawal of

13 Federal lands for Power Project No. 2179, filed

14 February 21, 1963, in accordance with section 24 of

15 the Federal Power Act are hereby revoked insofar as

16 they affect the Federal lands described in paragraph

17 (1). Any patent issued on such Federal lands shall

18 not be subject to section 24 of said Act.

19 SEC. 222. FATHER AULL SITE TRANSFER.

20 (a) SHORT TITLE.—This section may be cited as the

21 ‘‘Father Aull Site Transfer Act of 1996’’.

22 (b) CONVEYANCE OF PROPERTY.—Subject to valid

23 existing rights, all right, title and interest of the United

24 States in and to the land (including improvements on the

25 land), consisting of approximately 43.06 acres, located ap-
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1 proximately 10 miles east of Silver City, New Mexico, and

2 described as follows: T. 17 S., R. 12 W., Section 30: Lot

3 13, and Section 31: Lot 27 (as generally depicted on the

4 map dated July 1995) is hereby conveyed by operation of

5 law to St. Vincent DePaul Parish in Silver City, New Mex6 ico, without consideration.

7 (c) RELEASE.—Upon the conveyance of any land or

8 interest in land identified in this section to St. Vincent

9 DePaul Parish, St. Vincent DePaul Parish shall assume

10 any liability for any claim relating to the land or interest

11 in the land arising after the date of the conveyance.

12 (d) MAP.—The map referred to in this section shall

13 be on file and available for public inspection in—

14 (1) the State of New Mexico Office of the Bu15 reau of Land Management, Santa Fe, New Mexico;

16 and

17 (2) the Las Cruces District Office of the Bu18 reau of Land Management, Las Cruces, New Mex19 ico.

20 SEC. 223. COASTAL BARRIER RESOURCES SYSTEM.

21 (a) IN GENERAL.—The Secretary of the Interior

22 shall, before the end of the 30–day period beginning on

23 the date of the enactment of this Act, make such correc24 tions to the maps described in subsection (b) as are nec25 essary to ensure that depictions of areas on those maps
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1 are consistent with the depictions of areas appearing on

2 the maps entitled ‘‘Amendments to Coastal Barrier Re3 sources System’’, dated November 1, 1995, and June 1,

4 1996, and on file with the Secretary.

5 (b) MAPS DESCRIBED.—The maps described in this

6 subsection are maps that—

7 (1) are included in a set of maps entitled

8 ‘‘Coastal Barrier Resources System’’, dated October

9 24, 1990; and

10 (2) relate to the following units of the Coastal

11 Barrier Resources System: P05, P05A, P10, P11,

12 P11A, P18, P25, P32, and P32P.

13 SEC. 224. CONVEYANCE TO DEL NORTE COUNTY UNIFIED

14 SCHOOL DISTRICT.

15 (a) CONVEYANCE.—As soon as practicable after the

16 date of the enactment of this Act, the Secretary of Agri17 culture shall convey to the Del Norte County Unified

18 School District of Del Norte County, California, in accord19 ance with this section, all right, title, and interest of the

20 United States in and to the property described in sub21 section (b).

22 (b) PROPERTY DESCRIPTION.—The property referred

23 to in subsection (a) is that portion of Township 17 North,

24 Range 2 East, Humboldt Meridian in Del Norte County,

25 California, which is further described as follows:
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1 Beginning at Angle Point No. 3 of Tract 41 as

2 resurveyed by the Bureau of Land Management

3 under survey Group No. 1013, approved August 13,

4 1990, and shown on the official plat thereof;

5 thence on the line between Angle Points No. 3

6 and No. 4 of Tract 41, North 89 degrees, 24 min7 utes, 20 seconds East, a distance of 345.44 feet to

8 Angle Point No. 4 of Tract 41;

9 thence on the line between Angle Points No. 4

10 and No. 5 of Tract 41, South 00 degrees, 01 min11 utes, 20 seconds East, a distance of 517.15 feet;

12 thence West, a distance of 135.79 feet;

13 thence North 88 degrees, 23 minutes, 01 sec14 onds West, a distance of 61.00 feet;

15 thence North 39 degrees, 58 minutes, 18 sec16 onds West, a distance of 231.37 feet to the East line

17 of Section 21, Township 17 North, Range 2 East;

18 thence along the East line of Section 21, North

19 00 degrees, 02 minutes, 20 seconds West, a distance

20 of 334.53 feet to the point of beginning.

21 (c) CONSIDERATION.—The conveyance provided for

22 in subsection (a) shall be without consideration except as

23 required by this section.
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1 (d) CONDITIONS OF CONVEYANCE.—The conveyance

2 provided for in subsection (a) shall be subject to the fol3 lowing conditions:

4 (1) Del Norte County shall be provided, for no

5 consideration, an easement for County Road No.

6 318 which crosses the Northeast corner of the prop7 erty conveyed.

8 (2) The Pacific Power and Light Company shall

9 be provided, for no consideration, an easement for

10 utility equipment as necessary to maintain the level

11 of service provided by the utility equipment on the

12 property as of the date of the conveyance.

13 (3) The United States shall be provided, for no

14 consideration, an easement to provide access to the

15 United States property that is south of the property

16 conveyed.

17 (e) LIMITATIONS ON CONVEYANCE.—The conveyance

18 authorized by subsection (a) is subject to the following

19 limitations:

20 (1) ENCUMBRANCES.—Such conveyance shall

21 be subject to all encumbrances on the land existing

22 as of the date of enactment of this Act.

23 (2) RE-ENTRY RIGHT.—The United States shall

24 retain a right of re-entry in the land described for

25 conveyance in subsection (b). If the Secretary deter-
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1 mines that the conveyed property is not being used

2 for public educational or related recreational pur3 poses, the United States shall have a right to re4 renter the property conveyed therein without consid5 eration.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The con7 veyance provided for in subsection (a) shall be subject to

8 such additional terms and conditions as the Secretary of

9 Agriculture and the Del Norte County Unified School Dis10 trict agree are necessary to protect the interests of the

11 United States.

12 TITLE III—EXCHANGES

13 SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.

14 (a) CONVEYANCE.—Notwithstanding the require15 ments in the Act entitled ‘‘An Act to Consolidate National

16 Forest Lands’’, approved March 20, 1922 (16 U.S.C.

17 485), and section 206(b) of the Federal Land Policy and

18 Management Act of 1976 (43 U.S.C. 1716(b)) that Fed19 eral and non-Federal lands exchanged for each other must

20 be located within the same State, the Secretary of Agri21 culture may convey the Federal lands described in sub22 section (d) in exchange for the non-Federal lands de23 scribed in subsection (e) in accordance with the provisions

24 of this section.
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1 (b) APPLICABILITY OF OTHER PROVISIONS OF

2 LAW.—Except as otherwise provided in this section, the

3 land exchange authorized by this section shall be made

4 under the existing authorities of the Secretary.

5 (c) ACCEPTABILITY OF TITLE AND MANNER OF CON6 VEYANCE.—The Secretary shall not carry out the ex7 change described in subsection (a) unless the title to the

8 non-Federal lands to be conveyed to the United States,

9 and the form and procedures of conveyance, are acceptable

10 to the Secretary.

11 (d) FEDERAL LANDS.—The Federal lands referred to

12 in this section are located in the Targhee National Forest

13 in Idaho, are generally depicted on the map entitled

14 ‘‘Targhee Exchange, Idaho-Wyoming—Proposed, Federal

15 Land’’, dated September 1994, and are known as the

16 North Fork Tract.

17 (e) NON-FEDERAL LANDS.—The non-Federal lands

18 referred to in this section are located in the Targhee Na19 tional Forest in Wyoming, are generally depicted on the

20 map entitled ‘‘Non-Federal land, Targhee Exchange,

21 Idaho-Wyoming—Proposed’’, dated September 1994, and

22 are known as the Squirrel Meadows Tract.

23 (f) MAPS.—The maps referred to in subsections (d)

24 and (e) shall be on file and available for inspection in the
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1 office of the Targhee National Forest in Idaho and in the

2 office of the Chief of the Forest Service.

3 (g) EQUALIZATION OF VALUES.—Prior to the ex4 change authorized by this section, the values of the Fed5 eral and non-Federal lands to be so exchanged shall be

6 established by appraisals of fair market value that shall

7 be subject to approval by the Secretary. The values either

8 shall be equal or shall be equalized using the following

9 methods:

10 (1) ADJUSTMENT OF LANDS.—

11 (A) PORTION OF FEDERAL LANDS.—If the

12 Federal lands are greater in value than the

13 non-Federal lands, the Secretary shall reduce

14 the acreage of the Federal lands until the val15 ues of the Federal lands closely approximate

16 the values of the non-Federal lands.

17 (B) ADDITIONAL FEDERALLY OWNED

18 LANDS.—If the non-Federal lands are greater

19 in value than the Federal lands, the Secretary

20 may convey additional federally owned lands

21 within the Targhee National Forest up to an

22 amount necessary to equalize the values of the

23 non-Federal lands and the lands to be trans24 ferred out of Federal ownership. However, such

25 additional federally owned lands shall be limited
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1 to those meeting the criteria for land exchanges

2 specified in the Targhee National Forest Land

3 and Resource Management Plan.

4 (2) PAYMENT OF MONEY.—The values may be

5 equalized by the payment of money as provided in

6 section 206(b) of the Federal Land Policy and Man7 agement Act of 1976 (43 U.S.C. 1716 (b)).

8 (h) DEFINITIONS.—For purpose of this section:

9 (1) The term ‘‘Federal lands’’ means the Fed10 eral lands described in subsection (d).

11 (2) The term ‘‘non-Federal lands’’ means the

12 non-Federal lands described in subsection (e).

13 (3) The term ‘‘Secretary’’ means the Secretary

14 of Agriculture.

15 SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.

16 (a) FINDINGS.—The Congress makes the following

17 findings:

18 (1) The Alaska National Interest Lands Con19 servation Act (94 Stat. 2371), enacted on December

20 2, 1980, established Gates of the Arctic National

21 Park and Preserve and Gates of the Arctic Wilder22 ness. The village of Anaktuvuk Pass, located in the

23 highlands of the central Brooks Range, is virtually

24 surrounded by these national park and wilderness

25 lands and is the only Native village located within
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1 the boundary of a National Park System unit in

2 Alaska.

3 (2) Unlike most other Alaskan Native commu4 nities, the village of Anaktuvuk Pass is not located

5 on a major river, lake, or coastline that can be used

6 as a means of access. The residents of Anaktuvuk

7 Pass have relied increasingly on snow machines in

8 winter and all-terrain vehicles in summer as their

9 primary means of access to pursue caribou and

10 other subsistence resources.

11 (3) In a 1983 land exchange agreement, linear

12 easements were reserved by the Inupiat Eskimo peo13 ple for use of all-terrain vehicles across certain na14 tional park lands, mostly along stream and river

15 banks. These linear easements proved unsatisfactory,

16 because they provided inadequate access to subsist17 ence resources while causing excessive environmental

18 impact from concentrated use.

19 (4) The National Park Service and the

20 Nunamiut Corporation initiated discussions in 1985

21 to address concerns over the use of all-terrain vehi22 cles on park and wilderness land. These discussions

23 resulted in an agreement, originally executed in

24 1992 and thereafter amended in 1993 and 1994,

25 among the National Park Service, Nunamiut Cor-
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•HR 4236 IH

1 poration, the City of Anaktuvuk Pass, and Arctic

2 Slope Regional Corporation. Full effectuation of this

3 agreement, as amended, by its terms requires ratifi4 cation by the Congress.

5 (b) RATIFICATION OF AGREEMENT.—

6 (1) RATIFICATION.—

7 (A) IN GENERAL.—The terms, conditions,

8 procedures, covenants, reservations, and other

9 provisions set forth in the document entitled

10 ‘‘Donation, Exchange of Lands and Interests in

11 Lands and Wilderness Redesignation Agree12 ment Among Arctic Slope Regional Corpora13 tion, Nunamiut Corporation, City of Anaktuvuk

14 Pass and the United States of America’’ (here15 inafter referred to in this section as ‘‘the Agree16 ment’’), executed by the parties on December

17 17, 1992, as amended, are hereby incorporated

18 in this title, are ratified and confirmed, and set

19 forth the obligations and commitments of the

20 United States, Arctic Slope Regional Corpora21 tion, Nunamiut Corporation and the City of

22 Anaktuvuk Pass, as a matter of Federal law.

23 (B) LAND ACQUISITION.—Lands acquired

24 by the United States pursuant to the Agree25 ment shall be administered by the Secretary of
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1 the Interior (hereinafter referred to as the

2 ‘‘Secretary’’) as part of Gates of the Arctic Na3 tional Park and Preserve, subject to the laws

4 and regulations applicable thereto.

5 (2) MAPS.—The maps set forth as Exhibits C1,

6 C2, and D through I to the Agreement depict the

7 lands subject to the conveyances, retention of sur8 face access rights, access easements and all-terrain

9 vehicle easements. These lands are depicted in great10 er detail on a map entitled ‘‘Land Exchange Actions,

11 Proposed Anaktuvuk Pass Land Exchange and Wil12 derness Redesignation, Gates of the Arctic National

13 Park and Preserve’’, Map No. 185/80,039, dated

14 April 1994, and on file at the Alaska Regional Office

15 of the National Park Service and the offices of

16 Gates of the Arctic National Park and Preserve in

17 Fairbanks, Alaska. Written legal descriptions of

18 these lands shall be prepared and made available in

19 the above offices. In case of any discrepancies, Map

20 No. 185/80,039 shall be controlling.

21 (c) NATIONAL PARK SYSTEM WILDERNESS.—

22 (1) GATES OF THE ARCTIC WILDERNESS.—

23 (A) REDESIGNATION.—Section 701(2) of

24 the Alaska National Interest Lands Conserva25 tion Act (94 Stat. 2371, 2417) establishing the
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1 Gates of the Arctic Wilderness is hereby

2 amended with the addition of approximately

3 56,825 acres as wilderness and the rescission of

4 approximately 73,993 acres as wilderness, thus

5 revising the Gates of the Arctic Wilderness to

6 approximately 7,034,832 acres.

7 (B) MAP.—The lands redesignated by sub8 paragraph (A) are depicted on a map entitled

9 ‘‘Wilderness Actions, Proposed Anaktuvuk Pass

10 Land Exchange and Wilderness Redesignation,

11 Gates of the Arctic National Park and Pre12 serve’’, Map No. 185/80,040, dated April 1994,

13 and on file at the Alaska Regional Office of the

14 National Park Service and the office of Gates

15 of the Arctic National Park and Preserve in

16 Fairbanks, Alaska.

17 (2) NOATAK NATIONAL PRESERVE.—Section

18 201(8)(a) of the Alaska National Interest Land

19 Conservation Act (94 Stat. 2380) is amended by—

20 (A) striking ‘‘approximately six million

21 four hundred and sixty thousand acres’’ and in22 serting in lieu thereof ‘‘approximately

23 6,477,168 acres’’; and

24 (B) inserting ‘‘and the map entitled

25 ‘‘Noatak National Preserve and Noatak Wilder-
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1 ness Addition’’ dated September 1994’’ after

2 ‘‘July 1980’’.

3 (3) NOATAK WILDERNESS.—Section 701(7) of

4 the Alaska National Interest Lands Conservation

5 Act (94 Stat. 2417) is amended by striking ‘‘ap6 proximately five million eight hundred thousand

7 acres’’ and inserting in lieu thereof ‘‘approximately

8 5,817,168 acres’’.

9 (d) CONFORMANCE WITH OTHER LAW.—

10 (1) ALASKA NATIVE CLAIMS SETTLEMENT

11 ACT.—All of the lands, or interests therein, conveyed

12 to and received by Arctic Slope Regional Corporation

13 or Nunamiut Corporation pursuant to the Agree14 ment shall be deemed conveyed and received pursu15 ant to exchanges under section 22(f) of the Alaska

16 Native Claims Settlement Act, as amended (43

17 U.S.C. 1601, 1621(f)). All of the lands or interests

18 in lands conveyed pursuant to the Agreement shall

19 be conveyed subject to valid existing rights.

20 (2) ALASKA NATIONAL INTEREST LANDS CON21 SERVATION ACT.—Except to the extent specifically

22 set forth in this section or the Agreement, nothing

23 in this section or in the Agreement shall be con24 strued to enlarge or diminish the rights, privileges,

25 or obligations of any person, including specifically
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1 the preference for subsistence uses and access to

2 subsistence resources provided under the Alaska Na3 tional Interest Lands Conservation Act (16 U.S.C.

4 3101 et seq.).

5 SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDA6 TION.

7 (a) DEFINITIONS.—As used in this section:

8 (1) AGENCY.—The term ‘‘agency’’—

9 (A) means any instrumentality of the Unit10 ed States, and any Government corporation (as

11 defined in section 9101(1) of title 31, United

12 States Code); and

13 (B) includes any element of an agency.

14 (2) ALASKA NATIVE CORPORATION.—The term

15 ‘‘Alaska Native Corporation’’ has the same meaning

16 as is provided for ‘‘Native Corporation’’ in section

17 3(m) of the Alaska Native Claims Settlement Act

18 (43 U.S.C. 1602(m)).

19 (3) FEDERAL LANDS OR INTERESTS THERE20 IN.—The term ‘‘Federal lands or interests therein’’

21 means any lands or properties owned by the United

22 States (A) which are administered by the Secretary,

23 or (B) which are subject to a lease to third parties,

24 or (C) which have been made available to the Sec25 retary for exchange under this section through the
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1 concurrence of the director of the agency administer2 ing such lands or properties: Provided however, That

3 excluded from such lands shall be those lands which

4 are within an existing conservation system unit as

5 defined in section 102(4) of the Alaska National In6 terest Lands Conservation Act (16 U.S.C. 3102(4)),

7 and those lands the mineral interest for which are

8 currently under mineral lease.

9 (4) KONIAG.—The term ‘‘Koniag’’ means

10 Koniag, Incorporated, which is a regional Corpora11 tion.

12 (5) REGIONAL CORPORATION.—The term ‘‘Re13 gional Corporation’’ has the same meaning as is pro14 vided in section 3(g) of the Alaska Native Claims

15 Settlement Act (43 U.S.C. 1602(g)).

16 (6) SECRETARY.—Except as otherwise provided,

17 the term ‘‘Secretary’’ means the Secretary of the In18 terior.

19 (7) SELECTION RIGHTS.—The term ‘‘selection

20 rights’’ means those rights granted to Koniag, pur21 suant to subsections (a) and (b) of section 12, and

22 section 14(h)(8), of the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1611 and 1613(h)(8)), to re24 ceive title to the oil and gas rights and other inter25 ests in the subsurface estate of the approximately
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1 275,000 acres of public lands in the State of Alaska

2 identified as ‘‘Koniag Selections’’ on the map enti3 tled ‘‘Koniag Interest Lands, Alaska Peninsula’’,

4 dated May 1989.

5 (b) VALUATION OF KONIAG SELECTION RIGHTS.—

6 (1) IN GENERAL.—Pursuant to paragraph (2)

7 of this subsection, the Secretary shall value the Se8 lection Rights which Koniag possesses within the

9 boundaries of Aniakchak National Monument and

10 Preserve, Alaska Peninsula National Wildlife Ref11 uge, and Becharof National Wildlife Refuge.

12 (2) VALUE.—

13 (A) IN GENERAL.—The value of the selec14 tion rights shall be equal to the fair market

15 value of—

16 (i) the oil and gas interests in the

17 lands or interests in lands that are the

18 subject of the selection rights; and

19 (ii) in the case of the lands or inter20 ests in lands for which Koniag is to receive

21 the entire subsurface estate, the subsurface

22 estate of the lands or interests in lands

23 that are the subject of the selection rights.

24 (B) APPRAISAL.—

25 (i) SELECTION OF APPRAISER.—
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1 (I) IN GENERAL.—Not later than

2 90 days after the date of enactment of

3 this section the Secretary and Koniag

4 shall meet to select a qualified ap5 praiser to conduct an appraisal of the

6 selection rights. Subject to subclause

7 (II), the appraiser shall be selected by

8 the mutual agreement of the Sec9 retary and Koniag.

10 (II) FAILURE TO AGREE.—If the

11 Secretary and Koniag fail to agree on

12 an appraiser by the date that is 60

13 days after the date of the initial meet14 ing referred to in subclause (I), the

15 Secretary and Koniag shall, by the

16 date that is not later than 90 days

17 after the date of the initial meeting,

18 each designate an appraiser who is

19 qualified to perform the appraisal.

20 The 2 appraisers so identified shall

21 select a third qualified appraiser who

22 shall perform the appraisal.

23 (ii) STANDARDS AND METHODOL24 OGY.—The appraisal shall be conducted in

25 conformity with the standards of the Ap-
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1 praisal Foundation (as defined in section

2 1121(9) of the Financial Institutions Re3 form, Recovery, and Enforcement Act of

4 1989 (12 U.S.C. 3350(9)).

5 (iii) SUBMISSION OF APPRAISAL RE6 PORT.—Not later than 180 days after the

7 selection of an appraiser pursuant to

8 clause (i), the appraiser shall submit to the

9 Secretary and to Koniag a written ap10 praisal report specifying the value of the

11 selection rights and the methodology used

12 to arrive at the value.

13 (C) DETERMINATION OF VALUE.—

14 (i) DETERMINATION BY THE SEC15 RETARY.—Not later than 60 days after the

16 date of the receipt of the appraisal report

17 under subparagraph (B)(iii), the Secretary

18 shall determine the value of the selection

19 rights and shall notify Koniag of the deter20 mination.

21 (ii) ALTERNATIVE DETERMINATION

22 OF VALUE.—

23 (I) IN GENERAL.—Subject to

24 subclause (II), if Koniag does not

25 agree with the value determined by
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1 the Secretary under clause (i), the

2 procedures specified in section 206(d)

3 of the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1716

5 (d)) shall be used to establish the

6 value.

7 (II) AVERAGE VALUE LIMITA8 TION.—The average value per acre of

9 the selection rights shall not be less

10 than the value utilizing the risk ad11 justed discount cash flow methodol12 ogy, but in no event may exceed $300.

13 (c) KONIAG ACCOUNT.—

14 (1) IN GENERAL.—(A) The Secretary shall

15 enter into negotiations for an agreement or agree16 ments to exchange Federal lands or interests therein

17 which are in the State of Alaska for the Selection

18 Rights.

19 (B) If the value of the Federal property to be

20 exchanged is less than the value of the Selection

21 Rights established in subsection (b), and if such

22 Federal property to be exchanged is not generating

23 receipts to the Federal Government in excess of

24 $1,000,000 per year, then the Secretary may ex25 change the Federal property for that portion of the
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1 Selection Rights having a value equal to that of the

2 Federal property. The remaining selection rights

3 shall remain available for additional exchanges.

4 (C) For the purposes of any exchange to be

5 consummated under this section, if less than all the

6 selection rights are being exchanged, then the value

7 of the selection rights being exchanged shall be equal

8 to the number of acres of selection rights being ex9 changed multiplied by a fraction, the numerator of

10 which is the value of all the selection rights as deter11 mined pursuant to subsection (b) hereof and the de12 nominator of which is the total number of acres of

13 selection rights.

14 (2) ADDITIONAL EXCHANGES.—If, after 10

15 years from the date of the enactment of this section,

16 the Secretary was unable to conclude such exchanges

17 as may be required to acquire all of the selection

18 rights, he shall conclude exchanges for the remaining

19 selection rights for such Federal property as may be

20 identified by Koniag, which property is available for

21 transfer to the administrative jurisdiction of the Sec22 retary under any provision of law and which prop23 erty, at the time of the proposed transfer to Koniag

24 is not generating receipts to the Federal Govern25 ment in excess of $1,000,000 per year. The Sec-
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1 retary shall keep Koniag advised in a timely manner

2 as to which properties may be available for such

3 transfer. Upon receipt of such identification by

4 Koniag, the Secretary shall request in a timely man5 ner the transfer of such identified property to the

6 administrative jurisdiction of the Department of the

7 Interior. Such property shall not be subject to the

8 geographic limitations of section 206(b) of the Fed9 eral Land Policy and Management Act and may be

10 retained by the Secretary solely for purposes of

11 transferring it to Koniag to complete the exchange.

12 Should the value of the property so identified by

13 Koniag be in excess of the value of the remaining

14 selection rights, then Koniag shall have the option

15 of (A) declining to proceed with the exchange and

16 identifying other property, or (B) paying the dif17 ference in value between the property rights.

18 (d) CERTAIN CONVEYANCES.—In establishing a Set19 tlement Trust under section 39 of such Act (43 U.S.C.

20 1629c), Koniag may delegate, in whole or in part, the au21 thority granted to Koniag under subsection (b)(2) of such

22 section to any entity that Koniag may select without af23 fecting the status of the trust as a Settlement Trust under

24 such section.
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1 SEC. 304. SNOWBASIN LAND EXCHANGE ACT.

2 (a) PURPOSE AND INTENT.—The purpose of this sec3 tion is to authorize and direct the Secretary to exchange

4 1,320 acres of federally-owned land within the Cache Na5 tional Forest in the State of Utah for lands of approxi6 mately equal value owned by the Sun Valley Company. It

7 is the intent of Congress that this exchange be completed

8 without delay within the period specified by subsection (d).

9 (b) DEFINITIONS.—As used in this section:

10 (1) The term ‘‘Sun Valley Company’’ means the

11 Sun Valley Company, a division of Sinclair Oil Cor12 poration, a Wyoming Corporation, or its successors

13 or assigns.

14 (2) The term ‘‘Secretary’’ means the Secretary

15 of Agriculture.

16 (c) EXCHANGE.—

17 (1) FEDERAL SELECTED LANDS.—(A) Not later

18 than 45 days after the final determination of value

19 of the Federal selected lands, the Secretary shall,

20 subject to this section, transfer all right, title, and

21 interest of the United States in and to the lands re22 ferred to in subparagraph (B) to the Sun Valley

23 Company.

24 (B) The lands referred to in subparagraph (A)

25 are certain lands within the Cache National Forest

26 in the State of Utah comprising 1,320 acres, more
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1 or less, as generally depicted on the map entitled

2 ‘‘Snowbasin Land Exchange—Proposed’’ and dated

3 October 1995.

4 (2) NON-FEDERAL OFFERED LANDS.—Upon

5 transfer of the Federal selected lands under para6 graph (1), and in exchange for those lands, the Sun

7 Valley Company shall simultaneously convey to the

8 Secretary all right, title and interest of the Sun Val9 ley Company in and to so much of the following of10 fered lands which have been previously identified by

11 the United States Forest Service as desirable by the

12 United States, or which are identified pursuant to

13 subparagraph (E) prior to the transfer of lands

14 under paragraph (1), as are of approximate equal

15 value to the Federal selected lands:

16 (A) Certain lands located within the exte17 rior boundaries of the Cache National Forest in

18 Weber County, Utah, which comprise approxi19 mately 640 acres and are generally depicted on

20 a map entitled ‘‘Lightning Ridge Offered

21 Lands’’, dated October 1995.

22 (B) Certain lands located within the Cache

23 National Forest in Weber County, Utah, which

24 comprise approximately 635 acres and are gen25 erally depicted on a map entitled ‘‘Wheeler
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1 Creek Watershed Offered Lands—Section 2’’

2 dated October 1995.

3 (C) Certain lands located within the exte4 rior boundaries of the Cache National Forest in

5 Weber County, Utah, and lying immediately ad6 jacent to the outskirts of the City of Ogden,

7 Utah, which comprise approximately 800 acres

8 and are generally depicted on a map entitled

9 ‘‘Taylor Canyon Offered Lands’’, dated October

10 1995.

11 (D) Certain lands located within the exte12 rior boundaries of the Cache National Forest in

13 Weber County, Utah, which comprise approxi14 mately 2,040 acres and are generally depicted

15 on a map entitled ‘‘North Fork Ogden River—

16 Devil’s Gate Valley’’, dated October 1995.

17 (E) Such additional offered lands in the

18 State of Utah as may be necessary to make the

19 values of the lands exchanged pursuant to this

20 section approximately equal, and which are ac21 ceptable to the Secretary.

22 (3) SUBSTITUTION OF OFFERED LANDS.—If

23 one or more of the precise offered land parcels iden24 tified in subparagraphs (A) through (D) of para25 graph (2) is unable to be conveyed to the United
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1 States due to appraisal or other reasons, or if the

2 Secretary and the Sun Valley Company mutually

3 agree and the Secretary determines that an alter4 native offered land package would better serve long

5 term public needs and objectives, the Sun Valley

6 Company may simultaneously convey to the United

7 States alternative offered lands in the State of Utah

8 acceptable to the Secretary in lieu of any or all of

9 the lands identified in subparagraphs (A) through

10 (D) of paragraph (2).

11 (4) VALUATION AND APPRAISALS.—(A) Values

12 of the lands to be exchanged pursuant to this section

13 shall be equal as determined by the Secretary utiliz14 ing nationally recognized appraisal standards and in

15 accordance with section 206 of the Federal Land

16 Policy and Management Act of 1976. The appraisal

17 reports shall be written to Federal standards as de18 fined in the Uniform Appraisal Standards for Fed19 eral Land Acquisitions. If, due to size, location, or

20 use of lands exchanged under this section, the values

21 are not exactly equal, they shall be equalized by the

22 payment of cash equalization money to the Secretary

23 or the Sun Valley Company as appropriate in ac24 cordance with section 206(b) of the Federal Land

25 Policy and Management Act of 1976 (43 U.S.C.
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1 1716(b)). In order to expedite the consummation of

2 the exchange directed by this section, the Sun Valley

3 Company shall arrange and pay for appraisals of the

4 offered and selected lands by a qualified appraiser

5 with experience in appraising similar properties and

6 who is mutually acceptable to the Sun Valley Com7 pany and the Secretary. The appraisal of the Fed8 eral selected lands shall be completed and submitted

9 to the Secretary for technical review and approval no

10 later than 120 days after the date of enactment of

11 this Act, and the Secretary shall make a determina12 tion of value not later than 30 days after receipt of

13 the appraisal. In the event the Secretary and the

14 Sun Valley Company are unable to agree to the ap15 praised value of a certain tract or tracts of land, the

16 appraisal, appraisals, or appraisal issues in dispute

17 and a final determination of value shall be resolved

18 through a process of bargaining or submission to ar19 bitration in accordance with section 206(d) of the

20 Federal Land Policy and Management Act of 1976

21 (43 U.S.C. 1716(d)).

22 (B) In order to expedite the appraisal of the

23 Federal selected lands, such appraisal shall—

24 (i) value the land in its unimproved state,

25 as a single entity for its highest and best use
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1 as if in private ownership and as of the date of

2 enactment of this Act;

3 (ii) consider the Federal lands as an inde4 pendent property as though in the private mar5 ketplace and suitable for development to its

6 highest and best use;

7 (iii) consider in the appraisal any encum8 brance on the title anticipated to be in the con9 veyance to Sun Valley Company and reflect its

10 effect on the fair market value of the property;

11 and

12 (iv) not reflect any enhancement in value

13 to the Federal selected lands based on the exist14 ence of private lands owned by the Sun Valley

15 Company in the vicinity of the Snowbasin Ski

16 Resort, and shall assume that private lands

17 owned by the Sun Valley Company are not

18 available for use in conjunction with the Fed19 eral selected lands.

20 (d) GENERAL PROVISIONS RELATING TO THE EX21 CHANGE.—

22 (1) IN GENERAL.—The exchange authorized by

23 this section shall be subject to the following terms

24 and conditions:
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1 (A) RESERVED RIGHTS-OF-WAY.—In any

2 deed issued pursuant to subsection (c)(1), the

3 Secretary shall reserve in the United States a

4 right of reasonable access across the conveyed

5 property for public access and for administra6 tive purposes of the United States necessary to

7 manage adjacent federally-owned lands. The

8 terms of such reservation shall be prescribed by

9 the Secretary within 30 days after the date of

10 the enactment of this Act.

11 (B) RIGHT OF RESCISSION.—This section

12 shall not be binding on either the United States

13 or the Sun Valley Company if, within 30 days

14 after the final determination of value of the

15 Federal selected lands, the Sun Valley Company

16 submits to the Secretary a duly authorized and

17 executed resolution of the Company stating its

18 intention not to enter into the exchange author19 ized by this section.

20 (2) WITHDRAWAL.—Subject to valid existing

21 rights, effective on the date of enactment of this Act,

22 the Federal selected lands described in subsection

23 (c)(1) and all National Forest System lands cur24 rently under special use permit to the Sun Valley

25 Company at the Snowbasin Ski Resort are hereby
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1 withdrawn from all forms of appropriation under the

2 public land laws (including the mining laws) and

3 from disposition under all laws pertaining to mineral

4 and geothermal leasing.

5 (3) DEED.—The conveyance of the offered

6 lands to the United States under this section shall

7 be by general warranty or other deed acceptable to

8 the Secretary and in conformity with applicable title

9 standards of the Attorney General of the United

10 States.

11 (4) STATUS OF LANDS.—Upon acceptance of

12 title by the Secretary, the land conveyed to the Unit13 ed States pursuant to this section shall become part

14 of the Wasatch or Cache National Forests as appro15 priate, and the boundaries of such National Forests

16 shall be adjusted to encompass such lands. Once

17 conveyed, such lands shall be managed in accordance

18 with the Act of March 1, 1911, as amended (com19 monly known as the ‘‘Weeks Act’’), and in accord20 ance with the other laws, rules and regulations ap21 plicable to National Forest System lands. This para22 graph does not limit the Secretary’s authority to ad23 just the boundaries pursuant to section 11 of the

24 Act of March 1, 1911 (‘‘Weeks Act’’). For the pur25 poses of section 7 of the Land and Water Conserva-
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1 tion Fund Act of 1965 (16 U.S.C. 4601–9), the

2 boundaries of the Wasatch and Cache National For3 ests, as adjusted by this section, shall be considered

4 to be boundaries of the forests as of January 1,

5 1965.

6 (e) PHASE FACILITY CONSTRUCTION AND OPER7 ATION.—

8 (1) PHASE I FACILITY FINDING AND REVIEW.—

9 (A) The Congress has reviewed the Snowbasin Ski

10 Area Master Development Plan dated October 1995

11 (hereinafter in this subsection referred to as the

12 ‘‘Master Plan’’). On the basis of such review, and re13 view of previously completed environmental and

14 other resource studies for the Snowbasin Ski Area,

15 Congress hereby finds that the ‘‘Phase I’’ facilities

16 referred to in the Master Plan to be located on Na17 tional Forest System land after consummation of the

18 land exchange directed by this section are limited in

19 size and scope, are reasonable and necessary to ac20 commodate the 2002 Olympics, and in some cases

21 are required to provide for the safety of skiing com22 petitors and spectators.

23 (B) Within 60 days after the date of enactment

24 of this Act, the Secretary and the Sun Valley Com25 pany shall review the Master Plan insofar as such
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1 plan pertains to Phase I facilities which are to be

2 constructed and operated wholly or partially on Na3 tional Forest System lands retained by the Secretary

4 after consummation of the land exchange directed by

5 this section. The Secretary may modify such Phase

6 I facilities upon mutual agreement with the Sun Val7 ley Company or by imposing conditions pursuant to

8 paragraph (2) of this subsection.

9 (C) Within 90 days after the date of enactment

10 of this Act, the Secretary shall submit the reviewed

11 Master Plan on the Phase I facilities, including any

12 modifications made thereto pursuant to subpara13 graph (B), to the Committee on Energy and Natural

14 Resources of the United States Senate and the Com15 mittee on Resources of the United States House of

16 Representatives for a 30–day review period. At the

17 end of the 30–day period, unless otherwise directed

18 by Act of Congress, the Secretary may issue all nec19 essary authorizations for construction and operation

20 of such facilities or modifications thereof in accord21 ance with the procedures and provisions of para22 graph (2) of this subsection.

23 (2) PHASE I FACILITY APPROVAL, CONDITIONS,

24 AND TIMETABLE.—Within 120 days of receipt of an

25 application by the Sun Valley Company to authorize
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1 construction and operation of any particular Phase

2 I facility, facilities, or group of facilities, the Sec3 retary, in consultation with the Sun Valley Com4 pany, shall authorize construction and operation of

5 such facility, facilities, or group of facilities, subject

6 to the general policies of the Forest Service pertain7 ing to the construction and operation of ski area fa8 cilities on National Forest System lands and subject

9 to reasonable conditions to protect National Forest

10 System resources. In providing authorization to con11 struct and operate a facility, facilities, or group of

12 facilities, the Secretary may not impose any condi13 tion that would significantly change the location,

14 size, or scope of the applied for Phase I facility un15 less—

16 (A) the modification is mutually agreed to

17 by the Secretary and the Sun Valley Company;

18 or

19 (B) the modification is necessary to protect

20 health and safety.

21 Nothing in this subsection shall be construed to af22 fect the Secretary’s responsibility to monitor and as23 sure compliance with the conditions set forth in the

24 construction and operation authorization.
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1 (3) CONGRESSIONAL DIRECTIONS.—Notwith2 standing any other provision of law, Congress finds

3 that consummation of the land exchange directed by

4 this section and all determinations, authorizations,

5 and actions taken by the Secretary pursuant to this

6 section pertaining to Phase I facilities on National

7 Forest System lands, or any modifications thereof,

8 to be nondiscretionary actions authorized and di9 rected by Congress and hence to comply with all pro10 cedural and other requirements of the laws of the

11 United States. Such determinations, authorizations,

12 and actions shall not be subject to administrative or

13 judicial review.

14 (f) NO PRECEDENT.—Nothing in subsection

15 (c)(4)(B) of this section relating to conditions or limita16 tions on the appraisal of the Federal lands, or any provi17 sion of subsection (e), relating to the approval by the Con18 gress or the Forest Service of facilities on National Forest

19 System lands, shall be construed as a precedent for subse20 quent legislation.

21 SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.

22 (a) FINDINGS.—Congress finds that—

23 (1) the Weyerhaeuser Company has offered to

24 the United States Government an exchange of lands

25 under which Weyerhaeuser would receive approxi-
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1 mately 48,000 acres of Federal land in Arkansas

2 and Oklahoma and all mineral interests and oil and

3 gas interests pertaining to these exchanged lands in

4 which the United States Government has an interest

5 in return for conveying to the United States lands

6 owned by Weyerhaeuser consisting of approximately

7 181,000 acres of forested wetlands and other forest

8 land of public interest in Arkansas and Oklahoma

9 and all mineral interests and all oil and gas interests

10 pertaining to 48,000 acres of these 181,000 acres of

11 exchanged lands in which Weyerhaeuser has an in12 terest, consisting of—

13 (A) certain lands in Arkansas (Arkansas

14 Ouachita lands) located near Poteau Mountain,

15 Caney Creek Wilderness, Lake Ouachita, Little

16 Missouri Wild and Scenic River, Flatside Wil17 derness and the Ouachita National Forest;

18 (B) certain lands in Oklahoma (Oklahoma

19 lands) located near the McCurtain County Wil20 derness, the Broken Bow Reservoir, the Glover

21 River, and the Ouachita National Forest; and

22 (C) certain lands in Arkansas (Arkansas

23 Cossatot lands) located on the Little and

24 Cossatot Rivers and identified as the ‘‘Pond

25 Creek Bottoms’’ in the Lower Mississippi River
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1 Delta section of the North American Waterfowl

2 Management Plan;

3 (2) acquisition of the Arkansas Cossatot lands

4 by the United States will remove the lands in the

5 heart of a critical wetland ecosystem from sustained

6 timber production and other development;

7 (3) the acquisition of the Arkansas Ouachita

8 lands and the Oklahoma lands by the United States

9 for administration by the Forest Service will provide

10 an opportunity for enhancement of ecosystem man11 agement of the National Forest System lands and

12 resources;

13 (4) the Arkansas Ouachita lands and the Okla14 homa lands have outstanding wildlife habitat and

15 important recreational values and should continue to

16 be made available for activities such as public hunt17 ing, fishing, trapping, nature observation, enjoy18 ment, education, and timber management whenever

19 these activities are consistent with applicable Fed20 eral laws and land and resource management plans;

21 these lands, especially in the riparian zones, also

22 harbor endangered, threatened and sensitive plants

23 and animals and the conservation and restoration of

24 these areas are important to the recreational and
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1 educational public uses and will represent a valuable

2 ecological resource which should be conserved;

3 (5) the private use of the lands the United

4 States will convey to Weyerhaeuser will not conflict

5 with established management objectives on adjacent

6 Federal lands;

7 (6) the lands the United States will convey to

8 Weyerhaeuser as part of the exchange described in

9 paragraph (1) do not contain comparable fish, wild10 life, or wetland values;

11 (7) the values of all lands, mineral interests,

12 and oil and gas interests to be exchanged between

13 the United States and Weyerhaeuser are approxi14 mately equal in value; and

15 (8) the exchange of lands, mineral interests,

16 and oil and gas interests between Weyerhaeuser and

17 the United States is in the public interest.

18 (b) PURPOSE.—The purpose of this section is to au19 thorize and direct the Secretary of the Interior and the

20 Secretary of Agriculture, subject to the terms of this title,

21 to complete, as expeditiously as possible, an exchange of

22 lands, mineral interests, and oil and gas interests with

23 Weyerhaeuser that will provide environmental, land man24 agement, recreational, and economic benefits to the States

25 of Arkansas and Oklahoma and to the United States.
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1 (c) DEFINITIONS.—As used in this section:

2 (1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean

3 the surface estate and any other interests therein ex4 cept for mineral interests and oil and gas interests.

5 (2) MINERAL INTERESTS.—The term ‘‘mineral

6 interests’’ means geothermal steam and heat and all

7 metals, ores, and minerals of any nature whatsoever,

8 except oil and gas interests, in or upon lands subject

9 to this title including, but not limited to, coal, lig10 nite, peat, rock, sand, gravel, and quartz.

11 (3) OIL AND GAS INTERESTS.—The term ‘‘oil

12 and gas interests’’ means all oil and gas of any na13 ture, including carbon dioxide, helium, and gas

14 taken from coal seams (collectively ‘‘oil and gas’’).

15 (4) SECRETARIES.—The term ‘‘Secretaries’’

16 means the Secretary of the Interior and the Sec17 retary of Agriculture.

18 (5) WEYERHAEUSER.—The term

19 ‘‘Weyerhaeuser’’ means Weyerhaeuser Company, a

20 company incorporated in the State of Washington.

21 (d) EXCHANGE OF LANDS AND MINERAL INTER22 ESTS.—

23 (1) IN GENERAL.—Subject to paragraph (2)

24 and notwithstanding any other provision of law,

25 within 90 days after the date of the enactment of
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1 this Act, the Secretary of Agriculture shall convey to

2 Weyerhaeuser, subject to any valid existing rights,

3 approximately 20,000 acres of Federal lands and

4 mineral interests in the State of Arkansas and ap5 proximately 28,000 acres of Federal lands and min6 eral interests in the State of Oklahoma as depicted

7 on maps entitled ‘‘Arkansas-Oklahoma Land Ex8 change—Federal Arkansas and Oklahoma Lands,’’

9 dated February 1996 and available for public inspec10 tion in appropriate offices of the Secretaries.

11 (2) OFFER AND ACCEPTANCE OF LANDS.—The

12 Secretary of Agriculture shall make the conveyance

13 to Weyerhaeuser if Weyerhaeuser conveys deeds of

14 title to the United States, subject to limitations and

15 the reservation described in subsection (e) and which

16 are acceptable to and approved by the Secretary of

17 Agriculture to the following—

18 (A) approximately 115,000 acres of lands

19 and mineral interests in the State of Oklahoma,

20 as depicted on a map entitled ‘‘Arkansas-Okla21 homa Land Exchange—Weyerhaeuser Okla22 homa Lands,’’ dated February 1996 and avail23 able for public inspection in appropriate offices

24 of the Secretaries;
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1 (B) approximately 41,000 acres of lands

2 and mineral interests in the State of Arkansas,

3 as depicted on a map entitled ‘‘Arkansas-Okla4 homa Land Exchange—Weyerhaeuser Arkansas

5 Ouachita Lands,’’ dated February 1996 and

6 available for public inspection in appropriate of7 fices of the Secretaries; and

8 (C) approximately 25,000 acres of lands

9 and mineral interests in the State of Arkansas,

10 as depicted on a map entitled ‘‘Arkansas-Okla11 homa Land Exchange—Weyerhaeuser Arkansas

12 Cossatot Lands,’’ dated February 1996 and

13 available for public inspection in appropriate of14 fices of the Secretaries.

15 (e) EXCHANGE OF OIL AND GAS INTERESTS.—

16 (1) IN GENERAL.—Subject to paragraph (2)

17 and notwithstanding any other provision of law, at

18 the same time as the exchange for land and mineral

19 interests is carried out pursuant to this section, the

20 Secretary of Agriculture shall exchange all Federal

21 oil and gas interests, including existing leases and

22 other agreements, in the lands described in sub23 section (d)(1) for equivalent oil and gas interests, in24 cluding existing leases and other agreements, owned
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1 by Weyerhaeuser in the lands described in sub2 section (d)(2).

3 (2) RESERVATION.—In addition to the ex4 change of oil and gas interests pursuant to para5 graph (1), Weyerhaeuser shall reserve oil and gas in6 terests in and under the lands depicted for reserva7 tion upon a map entitled Arkansas-Oklahoma Land

8 Exchange—Weyerhaeuser Oil and Gas Interest Res9 ervation Lands, dated February 1996 and available

10 for public inspection in appropriate offices of the

11 Secretaries. Such reservation shall be subject to the

12 provisions of this title and the form of such reserva13 tion shall comply with the jointly agreed to Memo14 randum of Understanding between the Forest Serv15 ice and Weyerhaeuser dated March 27, 1996 and on

16 file with the Office of the Chief of the Forest Service

17 in Washington, D.C. and with the Committee on En18 ergy and Natural Resources of the United States

19 Senate and the Committee on Resources of the Unit20 ed States House of Representatives.

21 (f) GENERAL PROVISIONS.—

22 (1) MAPS CONTROLLING.—The acreage cited in

23 this section is approximate. In the case of a discrep24 ancy between the description of lands, mineral inter25 ests, or oil and gas interests to be exchanged pursu-
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1 ant to subsections (d) and (e) and the lands, mineral

2 interests, or oil and gas interests depicted on a map

3 referred to in such subsection, the map shall control.

4 The maps referenced in this section shall be subject

5 to such minor corrections as may be agreed upon by

6 the Secretaries and Weyerhaeuser so long as the

7 Secretary of Agriculture notifies the Committee on

8 Energy and Natural Resources of the United States

9 Senate and the Committee on Resources of the Unit10 ed States House of Representatives of any such

11 minor corrections.

12 (2) FINAL MAPS.—Not later than 180 days

13 after the conclusion of the exchange required by sub14 sections (d) and (e), the Secretaries shall transmit

15 maps accurately depicting the lands, mineral inter16 ests, and oil and gas interests conveyed and trans17 ferred pursuant to this section and the acreage and

18 boundary descriptions of such lands, mineral inter19 ests, and oil and gas interests to the Committees on

20 Energy and Natural Resources of the Senate and

21 the Committee on Resources of the House of Rep22 resentatives.

23 (3) CANCELLATION.—If, before the exchange

24 has been carried out pursuant to subsections (d) and

25 (e), Weyerhaeuser provides written notification to
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1 the Secretaries that Weyerhaeuser no longer intends

2 to complete the exchange, with respect to the lands,

3 mineral interests, and oil and gas interests that

4 would otherwise be subject to the exchange, the sta5 tus of such lands, mineral interests, and oil and gas

6 interests shall revert to the status of such lands,

7 mineral interests, and oil and gas interests as of the

8 day before the date of enactment of this Act and

9 shall be managed in accordance with applicable law

10 and management plans.

11 (4) WITHDRAWAL.—Subject to valid existing

12 rights, the lands and interests therein depicted for

13 conveyance to Weyerhaeuser on the maps referenced

14 in subsections (d) and (e) are withdrawn from all

15 forms of entry and appropriation under the public

16 land laws (including the mining laws) and from the

17 operation of mineral leasing and geothermal steam

18 leasing laws effective upon the date of the enactment

19 of this title. Such withdrawal shall terminate 45

20 days after completion of the exchange provided for

21 in subsections (d) and (e) or on the date of notifica22 tion by Weyerhaeuser of a decision not to complete

23 the exchange.

24 (g) NATIONAL FOREST SYSTEM.—
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1 (1) ADDITION TO THE SYSTEM.—Upon ap2 proval and acceptance of title by the Secretary of

3 Agriculture, the 156,000 acres of land conveyed to

4 the United States pursuant to subsection (d)(2)(A)

5 and (B) of this section shall be subject to the Act

6 of March 1, 1911 (commonly known as the Weeks

7 Law) (36 Stat. 961, as amended), and shall be ad8 ministered by the Secretary of Agriculture in accord9 ance with the laws and regulations pertaining to the

10 National Forest System.

11 (2) PLAN AMENDMENTS.—No later than 12

12 months after the completion of the exchange re13 quired by this section, the Secretary of Agriculture

14 shall begin the process to amend applicable land and

15 resource management plans with public involvement

16 pursuant to section 6 of the Forest and Rangeland

17 Renewable Resource Planning Act of 1974, as

18 amended by the National Forest Management Act of

19 1976 (16 U.S.C. 1604): Provided, That no amend20 ment or revision of applicable land and resource

21 management plans shall be required prior to comple22 tion of the amendment process required by this

23 paragraph for the Secretary of Agriculture to au24 thorize or undertake activities consistent with forest

25 wide standards and guidelines and all other applica-
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1 ble laws and regulations on lands conveyed to the

2 United States pursuant to subsection (d)(2)(A) and

3 (B).

4 (h) OTHER.—

5 (1) ADDITION TO THE NATIONAL WILDLIFE

6 REFUGE SYSTEM.—Once acquired by the United

7 States, the 25,000 acres of land identified in sub8 section (d)(2)(C), the Arkansas Cossatot lands, shall

9 be managed by the Secretary of the Interior as a

10 component of the Cossatot National Wildlife Refuge

11 in accordance with the National Wildlife Refuge Sys12 tem Administration Act of 1966 (16 U.S.C. 668dd–

13 668ee).

14 (2) PLAN PREPARATION.—Within 24 months

15 after the completion of the exchange required by this

16 section, the Secretary of the Interior shall prepare

17 and implement a single refuge management plan for

18 the Cossatot National Wildlife Refuge, as expanded

19 by this title. Such plans shall recognize the impor20 tant public purposes served by the nonconsumptive

21 activities, other recreational activities, and wildlife22 related public use, including hunting, fishing, and

23 trapping. The plan shall permit, to the maximum ex24 tent practicable, compatible uses to the extent that

25 they are consistent with sound wildlife management
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1 and in accordance with the National Wildlife Refuge

2 System Administration Act of 1966 (16 U.S.C.

3 668dd–668ee) and other applicable laws. Any regu4 lations promulgated by the Secretary of the Interior

5 with respect to hunting, fishing, and trapping on

6 those lands shall, to the extent practicable, be con7 sistent with State fish and wildlife laws and regula8 tions. In preparing the management plan and regu9 lations, the Secretary of the Interior shall consult

10 with the Arkansas Game and Fish Commission.

11 (3) INTERIM USE OF LANDS.—

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

13 paragraph (2), during the period beginning on

14 the date of the completion of the exchange of

15 lands required by this section and ending on the

16 first date of the implementation of the plan pre17 pared under paragraph (2), the Secretary of the

18 Interior shall administer all lands added to the

19 Cossatot National Wildlife Refuge pursuant to

20 this title in accordance with the National Wild21 life Refuge System Administration Act of 1966

22 (16 U.S.C. 668dd–668ee) and other applicable

23 laws.

24 (B) HUNTING SEASONS.—During the pe25 riod described in subparagraph (A), the dura-
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1 tion of any hunting season on the lands de2 scribed in paragraph (1) shall comport with the

3 applicable State law.

4 (i) OUACHITA NATIONAL FOREST BOUNDARY AD5 JUSTMENT.—Upon acceptance of title by the Secretary of

6 Agriculture of the lands conveyed to the United States

7 pursuant to subsection (d)(2)(A) and (B), the boundaries

8 of the Ouachita National Forest shall be adjusted to en9 compass those lands conveyed to the United States gen10 erally depicted on the appropriate maps referred to in sub11 section (d). Nothing in this subsection shall limit the au12 thority of the Secretary of Agriculture to adjust the

13 boundary pursuant to section 11 of the Weeks Law of

14 March 1, 1911. For the purposes of section 7 of the Land

15 and Water Conservation Fund Act of 1965 (16 U.S.C.

16 460l–9), the boundaries of the Ouachita National Forest,

17 as adjusted by this section, shall be considered to be the

18 boundaries of the Forest as of January 1, 1965.

19 (j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later

20 than 180 days after the date of enactment of this title,

21 the Secretary of Agriculture shall prepare a boundary de22 scription of the lands depicted on the map(s) referred to

23 in subsection (d)(2)(A) and (B). Such map(s) and bound24 ary description shall have the same force and effect as if
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1 included in this Act, except that the Secretary of Agri2 culture may correct clerical and typographical errors.

3 SEC. 306. BIG THICKET NATIONAL PRESERVE.

4 (a) EXTENSION.—The last sentence of subsection (d)

5 of the first section of the Act entitled ‘‘An Act to authorize

6 the establishment of the Big Thicket National Preserve

7 in the State of Texas, and for other purposes’’, approved

8 October 11, 1974 (16 U.S.C. 698(d)), is amended by

9 striking out ‘‘two years after date of enactment’’ and in10 serting ‘‘five years after the date of enactment’’.

11 (b) INDEPENDENT APPRAISAL.—Subsection (d) of

12 the first section of such Act (16 U.S.C. 698(d)) is further

13 amended by adding at the end the following: ‘‘The Sec14 retary, in considering the values of the private lands to

15 be exchanged under this subsection, shall consider inde16 pendent appraisals submitted by the owners of the private

17 lands.’’.

18 (c) LIMITATION.—Subsection (d) of the first section

19 of such Act (16 U.S.C. 698(d)), as amended by subsection

20 (b), is further amended by adding at the end the following:

21 ‘‘The authority to exchange lands under this subsection

22 shall expire on July 1, 1998.’’.

23 (d) REPORTING REQUIREMENT.—Not later than 6

24 months after the date of the enactment of this Act and

25 every 6 months thereafter until the earlier of the con-
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1 summation of the exchange or July 1, 1998, the Secretary

2 of the Interior and the Secretary of Agriculture shall each

3 submit a report to the Committee on Resources of the

4 House of Representatives and the Committee on Energy

5 and Natural Resources of the Senate concerning the

6 progress in consummating the land exchange authorized

7 by the amendments made by Big Thicket National Pre8 serve Addition Act of 1993 (Public Law 103–46).

9 (e) LAND EXCHANGE IN LIBERTY COUNTY,

10 TEXAS.—If, within one year after the date of the enact11 ment of this Act—

12 (1) the owners of the private lands described in

13 subsection (f)(1) offer to transfer all their right,

14 title, and interest in and to such lands to the Sec15 retary of the Interior, and

16 (2) Liberty County, Texas, agrees to accept the

17 transfer of the Federal lands described in subsection

18 (f)(2),

19 the Secretary shall accept such offer of private lands and,

20 in exchange and without additional consideration, transfer

21 to Liberty County, Texas, all right, title, and interest of

22 the United States in and to the Federal lands described

23 in subsection (f)(2).

24 (f) LANDS DESCRIBED.—
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1 (1) PRIVATE LANDS.—The private lands de2 scribed in this paragraph are approximately 3.76

3 acres of lands located in Liberty County, Texas, as

4 generally depicted on the map entitled ‘‘Big Thicket

5 Lake Estates Access—Proposed’’.

6 (2) FEDERAL LANDS.—The Federal lands de7 scribed in this paragraph are approximately 2.38

8 acres of lands located in Menard Creek Corridor

9 Unit of the Big Thicket National Preserve, as gen10 erally depicted on the map referred to in paragraph

11 (1).

12 (g) ADMINISTRATION OF LANDS ACQUIRED BY THE

13 UNITED STATES.—The lands acquired by the Secretary

14 under subsection (e) shall be added to and administered

15 as part of the Menard Creek Corridor Unit of the Big

16 Thicket National Preserve.

17 SEC. 307. LOST CREEK LAND EXCHANGE.

18 (a) LAND EXCHANGE.—

19 (1) IN GENERAL.—Notwithstanding any other

20 provision of law, the Secretary of Agriculture (re21 ferred to in this section as the ‘‘Secretary’’) shall—

22 (A) acquire by exchange certain land and

23 interests in land owned by R-Y Timber, Inc.,

24 and its affiliates, successors, and assigns (re25 ferred to in this section as the ‘‘Corporation’’),
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1 located in the Lost Creek and Twin Lakes

2 areas of the Beaverhead-Deerlodge National

3 Forest, Montana; and

4 (B)(i) convey certain land and interests in

5 land owned by the United States and located in

6 the Beaverhead-Deerlodge National Forest and

7 the Gallatin National Forest, Montana, to the

8 Corporation; and

9 (ii) grant the right to harvest timber on

10 land in the Beaverhead-Deerlodge National

11 Forest and the Gallatin National Forest as

12 specified in the document under paragraph (4).

13 (2) OFFER AND ACCEPTANCE OF LAND.—

14 (A) NON-FEDERAL LAND.—If the Corpora15 tion offers to convey to the United States fee

16 title that is acceptable to the Secretary to ap17 proximately 17,567 acres of land owned by the

18 Corporation and available for exchange, as de19 picted on the map entitled ‘‘R-Y/Forest Service

20 Land Exchange Proposal’’, dated June, 1996,

21 and described in the document under paragraph

22 (4), the Secretary shall accept a warranty deed

23 to the land.

24 (B) FEDERAL LAND.—
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1 (i) CONVEYANCE.—On acceptance of

2 title to the Corporation’s land under sub3 paragraph (A) and on the effective date of

4 the document under paragraph (4), the

5 Secretary shall—

6 (I) convey to the Corporation,

7 subject to valid existing rights, by ex8 change deed, fee title to approximately

9 7,185 acres in the Beaverhead10 Deerlodge National Forest; and

11 (II) grant to the Corporation the

12 right to harvest approximately

13 6,200,000 board feet of timber on cer14 tain land in the Beaverhead-Deerlodge

15 National Forest and approximately

16 4,000,000 board feet of timber on cer17 tain land in the Gallatin National

18 Forest, collectively referred to as the

19 harvest volume, as depicted on the

20 map described in subparagraph (A)

21 and subject to the terms and condi22 tions stated in the document under

23 paragraph (4).

24 (3) TIMBER HARVESTING.—
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1 (A) IN GENERAL.—The timber harvest vol2 ume described in paragraph (2)(B)(i)(II) is in

3 addition to, and is not intended as an offset

4 against, the present or future planned timber

5 sale program for the Beaverhead-Deerlodge Na6 tional Forest or the Gallatin National Forest,

7 so long as the allowable sale quantity for each

8 national forest, respectively, is not exceeded for

9 the planning period.

10 (B) SBA SHARE.—The Forest Service

11 shall not reduce its Small Business Administra12 tion share of timber sale set-aside offerings in

13 the Beaverhead-Deerlodge National Forest or

14 the Gallatin National Forest by reason of the

15 land exchange under this subsection.

16 (C) MINIMUM AND MAXIMUM ANNUAL

17 HARVESTS.—

18 (i) IN GENERAL.—Subject to clause

19 (ii)—

20 (I) not less than 20 nor more

21 than 30 percent of the timber de22 scribed in paragraph (2)(B)(i)(II)

23 shall be made available by the end of

24 each fiscal year over a 4- or 5-year

25 period beginning with the first fiscal
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1 year that begins after the date of en2 actment of this Act; and

3 (II) the Corporation shall be al4 lowed at least 3 years after the end of

5 each fiscal year in which to complete

6 the harvest of timber made available

7 for that fiscal year.

8 (ii) EXCEPTIONAL CIRCUMSTANCES.—

9 The timber harvest volumes specified in

10 clause (i) shall not be required in the case

11 of the occurrence of exceptional cir12 cumstances identified in the agreement

13 under paragraph (4). In the case of such

14 an occurrence that results in the making

15 available of less than 20 percent of the

16 timber for any fiscal year, the Secretary

17 shall provide compensation of equal value

18 to the Corporation in a form provided for

19 in the agreement under paragraph (4).

20 (4) LAND EXCHANGE SPECIFICATION AGREE21 MENT.—

22 (A) IN GENERAL.—Notwithstanding any

23 other provision of law, a document entitled ‘‘R24 Y/Forest Service Land Exchange Specifica-
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1 tions’’ shall be jointly developed and agreed to

2 by the Corporation and the Secretary.

3 (B) DESCRIPTIONS OF LANDS TO BE EX4 CHANGED.—The document under subparagraph

5 (A) shall define the non-Federal and Federal

6 lands and interests in land to be exchanged and

7 include legal descriptions of the lands and inter8 ests in land and an agreement to harvest timber

9 on National Forest System land in accordance

10 with the standard timber contract specifica11 tions, section 251.14 of title 36, Code of Fed12 eral Regulations (as in effect on the date of en13 actment of this Act), and any other pertinent

14 conditions.

15 (C) SUBMISSION TO CONGRESS.—The doc16 ument under subparagraph (A)—

17 (i) upon its completion shall be sub18 mitted to the Committee on Energy and

19 Natural Resources of the Senate and the

20 Committee on Resources of the House of

21 Representatives; and

22 (ii) shall not take effect until 45 days

23 after the date of submission to both com24 mittees.

25 (D) DESIGN AND LAYOUT.—
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1 (i) IN GENERAL.—The Forest Service

2 shall determine the timber sale design and

3 layout in consultation with the Corpora4 tion.

5 (ii) HARVEST VOLUME.—Identifica6 tion of the timber harvest volume shall be

7 determined in accordance with Department

8 of Agriculture standards.

9 (iii) MONITORING.—The Forest Serv10 ice shall monitor harvest and post-harvest

11 activities to ensure compliance with the

12 terms and conditions of the document

13 under subparagraph (A).

14 (5) CONFLICT.—In case of conflict between the

15 map described in paragraph (2)(A) and the docu16 ment under paragraph (4), the map shall control.

17 (b) TITLE.—

18 (1) REVIEW OF TITLE.—Not later than 60 days

19 after receipt of title documents from the Corpora20 tion, the Secretary shall review the title for the non21 Federal land described in subsection (a)(2)(A) and

22 determine whether—

23 (A) title standards of the Department of

24 Justice applicable to Federal land acquisition
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1 have been satisfied or the quality of title is oth2 erwise acceptable to the Secretary;

3 (B) all draft conveyances and closing docu4 ments have been received and approved;

5 (C) a current title commitment verifying

6 compliance with applicable title standards has

7 been issued to the Secretary; and

8 (D) the Corporation has complied with the

9 conditions imposed by this section.

10 (2) UNACCEPTABLE QUALITY OF TITLE.—If the

11 quality of title does not meet Federal standards and

12 is not otherwise acceptable to the Secretary, the Sec13 retary shall advise the Corporation regarding correc14 tive actions necessary to make an affirmative deter15 mination.

16 (3) CONVEYANCE OF TITLE.—The Secretary

17 shall accept the conveyance of land described in sub18 section (a)(2)(A) not later than 60 days after the

19 Secretary has made an affirmative determination of

20 quality of title.

21 (c) GENERAL PROVISIONS.—

22 (1) MAPS AND DOCUMENTS.—

23 (A) IN GENERAL.—The map described in

24 subsection (a)(2)(A) and the document under

25 subsection (a)(4) shall be subject to such minor
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1 corrections as may be agreed upon by the Sec2 retary and the Corporation.

3 (B) PUBLIC AVAILABILITY.—The map de4 scribed in subsection (a)(2)(A) and the docu5 ment under subsection (a)(4) shall be on file

6 and available for public inspection in the appro7 priate offices of the Forest Service.

8 (2) NATIONAL FOREST SYSTEM LAND.—

9 (A) IN GENERAL.—All land conveyed to

10 the United States under this section shall be

11 added to and administered as part of the Bea12 verhead-Deerlodge National Forest and shall be

13 administered by the Secretary in accordance

14 with the laws (including regulations) pertaining

15 to the National Forest System.

16 (B) WILDERNESS STUDY AREA ACQUISI17 TIONS.—Land acquired under this section that

18 is located within the boundary of a wilderness

19 area in existence on the date of enactment of

20 this Act shall be included within the National

21 Wilderness Preservation System.

22 (3) VALUATION.—The values of the lands and

23 interests in land to be exchanged under this section

24 are deemed to be equal.
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1 (4) LIABILITY FOR HAZARDOUS SUBSTANCES.—

2 The United States (including the departments, agen3 cies, and employees of the United States) shall not

4 be liable under the Comprehensive Environmental

5 Response, Compensation, and Liability Act of 1980

6 (42 U.S.C. 9601 et seq.), the Federal Water Pollu7 tion Control Act (33 U.S.C. 1251 et seq.), or any

8 other Federal, State, or local law solely as a result

9 of the acquisition of an interest in the land described

10 in subsection (a)(2)(A) or because of circumstances

11 or events occurring before the acquisition, including

12 any release or threat of release of a hazardous sub13 stance.

14 (5) RELEASE FROM STUDY.—The land compris15 ing approximately 1,320 acres in the Beaverhead16 Deerlodge National Forest, as generally depicted on

17 the map entitled ‘‘West Pioneer Study Deletion—

18 Proposed’’, dated 1994, is released from study under

19 section 2(a)(1) of the Montana Wilderness Study

20 Act of 1977 (91 Stat. 1243).

21 SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.

22 (a) CONVEYANCE BY THE SECRETARY OF AGRI23 CULTURE.—

24 (1) CONVEYANCE.—In exchange for the convey25 ance described in subsection (b), the Secretary of
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1 Agriculture (hereinafter referred to as the ‘‘Sec2 retary’’) shall convey to the Orange County Council

3 of the Boy Scouts of America all right, title, and in4 terest of the United States in and to the parcel of

5 land described in paragraph (2) located in the Cleve6 land National Forest. The parcel conveyed by the

7 Secretary shall be subject to valid existing rights

8 and to any easements that the Secretary considers

9 necessary for public and administrative access.

10 (2) DESCRIPTION OF PARCEL.—The parcel of

11 land referred to in paragraph (1) consists of not

12 more than 60 acres of land in Section 28, Township

13 9 South, Range 4 East, San Bernardino Meridian,

14 in the unincorporated territory of San Diego County,

15 California.

16 (b) CONVEYANCE BY THE BOY SCOUTS OF AMER17 ICA.—

18 (1) CONVEYANCE.—In exchange for the convey19 ance described in subsection (a), the Orange County

20 Council of the Boy Scouts of America shall convey

21 to the United States all right, title, and interest to

22 the parcel of land described in paragraph (2). The

23 parcel conveyed under this subsection shall be sub24 ject to such valid existing rights of record as may be

25 acceptable to the Secretary, and the title to the par-
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1 cel shall conform with the title approval standards

2 applicable to Federal land acquisitions.

3 (2) DESCRIPTION OF PARCEL.—The parcel of

4 land referred to in paragraph (1) shall be approxi5 mately equal in value to the lands described in sub6 section (a)(2) and shall be at least the Southerly 94

acres of the Westerly 1 7 ⁄2 of Section 34, Township 9

8 South, Range 4 East, San Bernardino Meridian, in

9 the unincorporated territory of San Diego County,

10 California.

11 (c) BOUNDARY ADJUSTMENT.—Upon the completion

12 of the land exchange authorized under this section, the

13 Secretary shall adjust the boundaries of the Cleveland Na14 tional Forest to exclude the parcel conveyed by the Sec15 retary under subsection (a) and to include the parcel ob16 tained by the Secretary under subsection (b). For pur17 poses of section 7 of the Land and Water Conservation

18 Fund Act of 1964 (16 U.S.C. 460l–9), the boundary of

19 the Cleveland National Forest, as modified by this title,

20 shall be considered the boundary of the forest as of Janu21 ary 1, 1965.

22 (d) INCORPORATION INTO CLEVELAND NATIONAL

23 FOREST.—Upon acceptance of title by the Secretary, the

24 parcel obtained by the Secretary under subsection (b) shall
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1 become part of the Cleveland National Forest and shall

2 be subject to all laws applicable to such national forest.

3 SEC. 309. SAND HOLLOW LAND EXCHANGE.

4 (a) DEFINITIONS.—As used in this section:

5 (1) DISTRICT.—The term ‘‘District’’ means the

6 Water Conservancy District of Washington County,

7 Utah.

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

9 the Secretary of the Interior.

10 (3) BULLOCH SITE.—The term ‘‘Bulloch Site’’

11 means the lands located in Kane County, Utah, ad12 jacent to Zion National Park, comprised of approxi13 mately 550 acres, as generally depicted on a map

14 entitled ‘‘Washington County Water Conservancy

15 District Exchange Proposal’’ and dated May 30,

16 1996.

17 (4) SAND HOLLOW SITE.—The term ‘‘Sand

18 Hollow Site’’ means the lands located in Washington

19 County, Utah, comprised of approximately 3,000

20 acres, as generally depicted on a map entitled

21 ‘‘Washington County Water Conservancy District

22 Exchange Proposal’’ and dated May 30, 1996.

23 (5) QUAIL CREEK PIPELINE.—The term ‘‘Quail

24 Creek Pipeline’’ means the lands located in Wash25 ington County, Utah, comprised of approximately 40
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1 acres, as generally depicted on a map entitled

2 ‘‘Washington County Water Conservancy District

3 Exchange Proposal’’ and dated May 30, 1996.

4 (6) QUAIL CREEK RESERVOIR.—The term

5 ‘‘Quail Creek Reservoir’’ means the lands located in

6 Washington County, Utah, comprised of approxi7 mately 480.5 acres, as generally depicted on a map

8 entitled ‘‘Washington County Water Conservancy

9 District Exchange Proposal’’ and dated May 30,

10 1996.

11 (7) SMITH PROPERTY.—The term ‘‘Smith Prop12 erty’’ means the lands located in Washington Coun13 ty, Utah, comprised of approximately 1,550 acres, as

14 generally depicted on a map entitled ‘‘Washington

15 County Water Conservancy District Exchange Pro16 posal’’ and dated May 30, 1996.

17 (b) EXCHANGE.—

18 (1) IN GENERAL.—Subject to the provisions of

19 this section, if within 18 months after the date of

20 the enactment of this Act, the Water Conservancy

21 District of Washington County, Utah, offers to

22 transfer to the United States all right, title, and in23 terest of the District in and to the Bulloch Site, the

24 Secretary of the Interior shall, in exchange, transfer

25 to the District all right, title, and interest of the
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1 United States in and to the San Hollow Site, the

2 Quail Creek Pipeline and Quail Creek Reservoir,

3 subject to valid existing rights.

4 (2) WATER RIGHTS ASSOCIATED WITH THE

5 BULLOCH SITE.—The water rights associated with

6 the Bulloch Site shall be transferred to the United

7 States pursuant to Utah State law.

8 (3) WITHDRAWAL OF MINERAL INTERESTS.—

9 Subject to valid existing rights, the mineral interests

10 underlying the Sand Hollow Site, the Quail Creek

11 Reservoir, and the Quail Creek Pipeline are hereby

12 withdrawn from disposition under the public land

13 laws and from location, entry, and patent under the

14 mining laws of the United States, from the operation

15 of the mineral leasing laws of the United States,

16 from the operation of the Geothermal Steam Act of

17 1970, and from the operation of the Act of July 31,

18 1947, commonly known as the ‘‘Materials Act of

19 1947’’ (30 U.S.C. 601 et seq.).

20 (4) GRAZING.—The exchange of lands under

21 paragraph (1) shall be subject to agreement by the

22 District to continue to permit the grazing of domes23 tic livestock on the Sand Hollow Site under the

24 terms and conditions of existing Federal grazing

25 leases or permits, except that the District, upon ter-
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1 minating any such lease or permit, shall fully com2 pensate the holder of the terminated lease or permit.

3 (c) EQUALIZATION OF VALUES.—The value of the

4 lands transferred out of Federal ownership under sub5 section (b) either shall be equal to the value of the lands

6 received by the Secretary under that section or, if not,

7 shall be equalized by—

8 (1) to the extent possible, transfer of all right,

9 title, and interest of the District in and to lands in

10 Washington County, Utah, and water rights of the

11 District associated thereto, which are within the

12 area providing habitat for the desert tortoise, as de13 termined by the Director of the Bureau of Land

14 Management;

15 (2) transfer of all right, title, and interest of

16 the District in and to lands in the Smith Site and

17 water rights of the District associated thereto; and

18 (3) the payment of money to the Secretary, to

19 the extent that lands and rights transferred under

20 paragraphs (1) and (2) are not sufficient to equalize

21 the values of the lands exchanged under subsection

22 (b)(1).

23 (d) MANAGEMENT OF LANDS ACQUIRED BY THE

24 UNITED STATES.—Lands acquired by the Secretary under

25 this section shall be administered by the Secretary, acting
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1 through the Director of the Bureau of Land Management,

2 in accordance with the provisions of law generally applica3 ble to the public lands, including the Federal Land Policy

4 and Management Act of 1976 (43 U.S.C. 1701 et seq.).

5 (e) NATIONAL ENVIRONMENTAL POLICY ACT OF

6 1976.—The exchange of lands under this section is not

7 subject to section 102 of the National Environmental Pol8 icy Act of 1969 (42 U.S.C. 4322).

9 (f) VALUATION OF LANDS TO BE ACQUIRED BY THE

10 UNITED STATES IN WASHINGTON COUNTY, UTAH.—In

11 acquiring any lands and any interests in lands in Washing12 ton County, Utah, by purchase, exchange, donation or

13 other transfers of interest, the Secretary of the Interior

14 shall appraise, value, and offer to acquire such lands and

15 interests without regard to the presence of a species listed

16 as threatened or endangered or any proposed or actual

17 designation of such property as critical habitat for a spe18 cies listed as threatened or endangered pursuant to the

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

20 SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZA21 TION FOR FISCAL YEARS 1997 THROUGH 2002.

22 Section 318(a) of the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1748(a)) is amended by

24 striking out ‘‘October 1, 1978’’ and by inserting in lieu

25 thereof ‘‘October 1, 2002’’.
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1 SEC. 311. LAND EXCHANGE WITH CITY OF GREELEY, COLO2 RADO, AND THE WATER SUPPLY AND STOR3 AGE COMPANY.

4 (a) LAND EXCHANGE.—

5 (1) IN GENERAL.—If the city of Greeley, Colo6 rado, and The Water Supply and Storage Company,

7 a Colorado mutual ditch company, offer to transfer

8 all their right, title, and interest in and to the Rock9 well Ranch property and Timberline Lake property,

10 and The Water Supply and Storage Company des11 ignated lands, all described in paragraph (2), the

12 Secretary of Agriculture shall, in exchange for such

13 property, transfer to the city and to the company, as

14 they each shall designate, all right, title, and interest

15 of the United States, including the mineral estate, in

16 and to the Federal lands described in paragraph (3)

17 within 12 months of the date of the city’s and com18 pany’s offer.

19 (2) CITY AND COMPANY LANDS.—

20 (A) The city and company lands to be ex21 changed under this subsection are these lands

22 depicted on maps entitled ‘‘Rockwell Ranch

23 Property Land Exchange’’ and ‘‘Timberline

24 Lake Property’’ and ‘‘Cameron Pass Lands’’

25 dated July 26, 1996.
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1 (B) The Rockwell Ranch property is com2 prised of 4 parcels containing approximately

3 520 acres of lands.

4 (C) The Timberline Lake Property is a

5 parcel of approximately 10 acres located in the

6 Comanche Peak Wilderness which shall be con7 veyed by quit claim deed for the purposes of

8 eliminating any future title conflict between the

9 city of Greeley and the United States in regard

10 to the property.

11 (D) The Cameron Pass Lands consist of 2

12 parcels totaling approximately 178 acres owned

13 by The Water Supply and Storage Company.

14 (3) FEDERAL LANDS TO BE EXCHANGED.—The

15 Federal lands to be exchanged under this subsection

16 are those lands depicted on the maps referred to in

17 paragraph (2) as ‘‘Federal Exchange Lands’’. The

18 total area of Federal lands to be exchanged is ap19 proximately 1,176 acres, including approximately

20 447 acres occupied by the city and the company

21 under perpetual easements of the United States De22 partment of the Interior, Numbers D–028135 and

23 D–029149. The Federal lands to be exchanged in24 clude the following:
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1 (A) All Federal land within the high water

2 contour lines of the following existing res3 ervoirs: Barnes Meadow, Chambers Lake, Co4 manche, Hourglass, Long Draw, Milton Sea5 man, Peterson Lake, and Twin Lakes, together

6 with their dams and structures. The high water

7 line is defined as the elevation at the dam crest

8 of each reservoir.

9 (B) A surcharge and operational access

10 area around each reservoir consisting of an av11 erage 50 foot horizontal projection from the

12 high water line and an average 100 foot hori13 zontal projection from the outer perimeter of all

14 dams and appurtenant structures, including but

15 not limited to, outlets, measuring devices, spill16 ways, wasteways, toe drains, canals, abutments,

17 and the Peterson Lake operations cabin, as

18 generally depicted on such map. The access

19 area to the east of Long Draw Reservoir will be

20 limited to the extent necessary to convey only

21 those lands within the boundary of the National

22 Forest.

23 (C) Those Federal lands which would be

24 occupied by an enlargement of Seaman Res25 ervoir to an approximate capacity of 43,000
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1 acre feet (but not to exceed 50,000 acre feet),

2 including an average 50 foot horizontally pro3 jected buffer zone around the enlarged water

4 line and structures, and an 80–acre parcel of

5 Federal land south of Seaman Reservoir poten6 tially required for a downstream damsite on the

7 North Fork of the Cache la Poudre River, as

8 generally depicted on such map.

9 (b) TERMS AND CONDITIONS RELATING TO LAND

10 EXCHANGE.—The land exchange under subsection (a)

11 shall be processed in accordance with Forest Service Land

12 Exchange Regulations in part 254 of title 36, Code of

13 Federal Regulations, subpart A subject to the direction

14 in subsection (a) and the following terms and conditions:

15 (1) The United States shall grant perpetual ac16 cess easements to the city of Greeley and to The

17 Water Supply and Storage Company to the lands

18 conveyed by the United States under subsection (a)

19 as part of the consideration of this exchange. The

20 United States shall reserve easements for all des21 ignated roads and trails crossing any Federal lands

22 to be conveyed that are necessary to assure public

23 access to adjoining National Forest lands.

24 (2) The city of Greeley, Colorado, and The

25 Water Supply and Storage Company shall continue
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1 to make the following facilities accessible to visitors

2 to the Roosevelt National Forest: Chambers, Long

3 Draw, Peterson, Barnes Meadow, Comanche, Sea4 man and Twin Lakes Reservoirs, under rules and re5 strictions as determined by the city and the com6 pany.

7 (3)(A) All special use permits and/or easements

8 or other instruments authorizing occupancy of the

9 Federal lands identified in subsection (a)(3) are re10 scinded upon completion of the exchange.

11 (B) The conditions specified in the December

12 28, 1994, and the January 4, 1995, easements for

13 Long Draw, Peterson Lake and Barnes Meadow

14 Reservoirs requiring a joint operations plan provid15 ing instream winter flows to the mainstream of the

16 Cache La Poudre River from Chambers Lake and

17 Barnes Meadow shall continue to be fulfilled regard18 less of land ownership unless mutually agreed other19 wise.

20 (C) No further consultation with the United

21 States Fish and Wildlife Service shall be required

22 for completion of this land exchange.

23 (D) No additional conditions, including

24 instream or bypass flow requirements, shall be re25 quired as a condition of this land exchange.
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1 (4) The exchange under subsection (a) does not

2 include any water right owned by the city of Greeley,

3 Colorado, or The Water Supply and Storage Com4 pany, except as provided in paragraph (5).

5 (5) The city of Greeley’s one-half interest in the

6 following rights associated with the Rockwell Ranch

7 property, to wit: Rockwell Ditches No. 1 in the vol8 ume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s.,

9 No. 3 in the volume of 2.68 c.f.s., No. 4 in the vol10 ume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s.

11 and No. 6 in the volume of 2.5 c.f.s., diverting from

12 the South Fork of the Cache la Poudre River, and

13 its tributaries, Little Beaver Creek and the North

14 Fork of Little Beaver Creek, and all with the appro15 priation date of December 31, 1888, shall be dedi16 cated to the Colorado Water Conservation Board in

17 perpetuity for the instream flow program of the

18 State of Colorado upon completion of the exchange

19 in accordance with substantive and procedural re20 quirements of the laws of Colorado.

21 (6) The Federal Exchange Lands to be ex22 changed under subsection (a) shall be conveyed to

23 the city of Greeley and to The Water Supply and

24 Storage Company by means of a land exchange deed

25 issued by an authorized officer of the United States
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1 Department of Agriculture, Forest Service, and not2 withstanding any other requirements of law, the Sec3 retary of Agriculture is authorized to conduct and

4 approve all cadastral surveys necessary for comple5 tion of the exchange.

6 (7) Values of the respective lands exchanged be7 tween the United States and the city of Greeley and

8 The Water Supply and Storage Company pursuant

9 to subsection (a) are deemed to be of approximately

10 equal value, without any need for cash equalization,

11 as based on statements of value prepared by a quali12 fied Forest Service Review Appraiser.

13 (8) It is recognized that some Federal lands to

14 be conveyed to the city of Greeley and The Water

15 Supply and Storage Company will create new hold16 ings in otherwise consolidated areas of Federal own17 ership. If the city or the company decide to perma18 nently discontinue reservoir operations on any of the

19 properties acquired through this exchange, the Unit20 ed States Forest Service, Arapaho-Roosevelt Na21 tional Forest Supervisor shall be advised of the in22 tent to perform nonreconstructive breaching of the

23 dam for purposes of permanently terminating res24 ervoir operations. Upon such notification, the United

25 States Forest Service will be afforded the oppor-
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1 tunity to reacquire property at fair market value or

2 exchange or upon such other terms and conditions

3 as the parties may agree for a period of time not to

4 exceed one year.

5 (9) The Federal lands to be exchanged under

6 subsection (a), with the exception of the Seaman

7 Reservoir enlargement area and potential new

8 damsite below Seaman Reservoir on the North Fork

9 of the Cache la Poudre River, are already fully de10 veloped and authorized for occupancy by the city of

11 Greeley and The Water Supply and Storage Com12 pany. Therefore, this land exchange may be com13 pleted without further inventory or consultation

14 under the National Historic Preservation Act.

15 Should the city of Greeley seek enlargement of Sea16 man Reservoir or construction of a new dam on the

17 North Fork of the Poudre River below Seaman Res18 ervoir for a Seaman Reservoir Enlargement, the site

19 will be subject to all Federal statutes and regula20 tions applicable at the time of proposed construction.

21 (10) The Forest Service shall grant a 20–year

22 easement to the city of Greeley for use of the exist23 ing cabin in the north half of the southwest quarter

24 of Section 30, Township 8 North, Range 72 West.

25 The easement shall allow the use of the cabin, other
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1 improvements, and access to the forest lands nearby.

2 The access road shall be available for city employees

3 to access the cabin for recreational purposes and to

4 the United States Forest Service for administrative

5 purposes.

6 (11) The Forest Service shall grant a 20–year

7 easement to the city of Greeley for use of approxi8 mately 1 acre of land under the existing cabin in the

9 vicinity of Jacks Gulch Campground on Pingree

10 Road as depicted on the attached map. The ease11 ment shall include the administrative use of the ac12 cess road to the cabin and the reservation of the use

13 of the cabin to those permitted under the existing

14 special use permit.

15 (c) ADMINISTRATION OF LANDS ACQUIRED BY THE

16 UNITED STATES.—The Rockwell Ranch, Timberline

17 Lake, and Cameron Pass Lands acquired by the United

18 States under this section shall be added to and adminis19 tered as part of the Roosevelt National Forest. Those por20 tions of such property located within a wilderness area

21 shall be added to and administered as part of the wilder22 ness area.

23 (d) BOUNDARY MODIFICATION OF THE ARAPAHO

24 NATIONAL FOREST AND ROOSEVELT NATIONAL FOR25 EST.—
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1 (1) IN GENERAL.—In order to provide for more

2 efficient administration of certain Federal lands ad3 joining the Arapaho National Forest and Roosevelt

4 National Forest, the exterior boundary of the Arap5 aho Forest is hereby modified as shown on Depart6 ment of Agriculture, Forest Service map entitled

7 ‘‘Boundary Modification, Arapaho National Forest’’

8 dated December 22, 1991, and the exterior bound9 ary of the Roosevelt Forest is hereby modified as

10 shown on Department of Agriculture, Forest Service

11 map entitled ‘‘Boundary Modification, Roosevelt Na12 tional Forest’’, dated August 15, 1995. The maps

13 and a legal description of the boundary changes

14 shall be on file and available for public inspection

15 in the offices of the Chief of the Forest Service and

16 appropriate field offices.

17 (2) ADMINISTRATION.—All Federal lands

18 brought within the boundary of the Arapaho Na19 tional Forest and Roosevelt National Forest by this

20 section are hereby added to the Arapaho National

21 Forest and Roosevelt National Forest, respectively,

22 and shall be administered in accordance with the

23 laws, rules, and regulations applicable to the Na24 tional Forest System.
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1 (3) AVAILABILITY OF CERTAIN LANDS.—For

2 the purpose of section 7 of the Land and Water

3 Conservation Act of 1965 (16 U.S.C. 460l–9), the

4 boundary of the Arapaho National Forest and Roo5 sevelt National Forest, as modified by this sub6 section, shall be treated as if it were the boundary

7 of that forest as of January 1, 1965.

8 SEC. 312. GATES OF THE ARCTIC NATIONAL PARK AND PRE9 SERVE LAND EXCHANGE AND BOUNDARY AD10 JUSTMENT.

11 (a) ACQUISITION AND EXCHANGE AUTHORITY:

12 KILLIK RIVER ECOSYSTEM.—(1) The Secretary of the In13 terior (hereinafter in this section referred to as the ‘‘Sec14 retary’’) is authorized to acquire by exchange certain lands

15 which have been or may hereafter be conveyed to the Arc16 tic Slope Regional Corporation pursuant to the provisions

17 of the Alaska Native Claims Settlement Act and the State

18 of Alaska pursuant to the Alaska Statehood Act. These

19 lands consist of—

20 (A) approximately 1,270,000 acres of Arctic

21 Slope Regional Corporation lands and are depicted

22 on a map entitled ‘‘Arctic Slope Regional Corpora23 tion Killik River Ecosystem Lands’’, dated July

24 1996, appended to which is a legal description of

25 such lands; and
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1 (B) up to 1,270,000 acres selected by the State

2 of Alaska pursuant to the Alaska Statehood Act,

3 consisting of—

4 (i) approximately 750,000 acres of State of

5 Alaska lands in the Killik River Ecosystem

6 which are depicted on a map entitled ‘‘Study of

7 Potential Addition of State of Alaska and Other

8 Lands, by Exchange, to the Gates of the Arctic

9 Park’’; and

10 (ii) the remainder being other State of

11 Alaska lands which are acceptable to the Sec12 retary.

13 The Killik River Ecosystem map and the Study of

14 Potential Addition map are on file at the Alaska Re15 gional Office of the National Park Service and the

16 offices of the Gates of the Arctic National Park and

17 Preserve in Fairbanks, Alaska.

18 (2) The private lands described in subparagraphs (A)

19 and (B)(i) of paragraph (1) may be acquired for addition

20 to the Gates of the Arctic National Preserve with the con21 sent of the owners, the Arctic Slope Regional Corporation,

22 or the State of Alaska, respectively. Upon acquisition by

23 the Secretary, such lands shall become, and be adminis24 tered as, a part of Gates of the Arctic National Preserve

25 to the same extent as if the lands were included within
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1 the boundaries of the Preserve by the provisions of section

2 201(4) of the Alaska National Interest Lands Conserva3 tion Act (16 U.S.C. 3101 et seq.).

4 (b) ACQUISITION AND EXCHANGE AUTHORITY:

5 OGOTORUK CREEK LANDS CONTAMINATED BY UNDIS6 CLOSED NUCLEAR TESTING.—(1) The Secretary of the

7 Interior is authorized to acquire by exchange certain addi8 tional lands which have been or may hereafter be conveyed

9 to the Arctic Slope Regional Corporation pursuant to the

10 provisions of the Alaska Native Claims Settlement Act.

11 These lands consist of approximately 204,860 acres and

12 are depicted on a map entitled ‘‘Arctic Slope Regional Cor13 poration Ogotoruk Creek Lands Contaminated by Undis14 closed Nuclear Testing’’, dated July 1996, appended to

15 which is a legal description of such lands. The Ogotoruk

16 Creek Lands map is on file at the Alaska State Office

17 of the Bureau of Land Management.

18 (2) The lands described in paragraph (1) were se19 lected by the Arctic Slope Regional Corporation under the

20 Alaska Native Claims Settlement Act for use as a trans21 portation corridor, without any disclosure by the Depart22 ment of the Interior that the southern portion of these

23 lands had been the subject of nuclear tests conducted by

24 the United States prior to selection by the Arctic Slope

25 Regional Corporation. The Arctic Slope Regional Corpora-
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1 tion selected these lands with no knowledge of the nuclear

2 tests that had been conducted on these lands, and the

3 Inupiat Eskimo shareholders of the Arctic Slope Regional

4 Corporation believe that the radiation tests have caused

5 physical injury to some of the shareholders, and therefore

6 desire to exchange these lands. The private lands de7 scribed in paragraph (1) may be acquired by the Secretary

8 with the consent of the Arctic Slope Regional Corporation.

9 Upon acquisition by the Secretary, such lands shall be10 come public lands except that, to the extent such lands

11 are located within the exterior boundaries of the Alaska

12 Maritime National Wildlife Refuge—Chukchi Sea Unit,

13 such lands shall become, and be administered by the Sec14 retary as, a part of such unit of the National Wildlife Ref15 uge System.

16 (c) OTHER LANDS.—To facilitate the exchanges au17 thorized by this section, the Secretary is authorized to

18 make available to the Arctic Slope Regional Corporation

19 and to the State of Alaska lands, or interests therein, from

20 public lands within the 23,000,000 acre National Petro21 leum Reserve-Alaska. The Arctic Slope Regional Corpora22 tion was precluded from making land selections, under the

23 terms of the Alaska Native Claims Settlement Act, from

24 the National Petroleum Reserve-Alaska. The State of

25 Alaska was precluded from making land selections, under
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1 the terms of the Alaska Statehood Act, from the National

2 Petroleum Reserve-Alaska. Since 1980, the Federal policy

3 with respect to the National Petroleum Reserve-Alaska

4 has been changed, and this area has been opened to oil

5 and gas leasing.

6 (d) WITHDRAWAL.—(1) To facilitate the land ex7 changes authorized by this section, the Secretary is au8 thorized to withdraw, subject to valid existing rights, from

9 all forms of appropriation under the public land laws, in10 cluding the mining and mineral leasing laws, lands identi11 fied for acquisition through an exchange under this section

12 by written notices submitted no later than 120 days after

13 enactment of this Act, to the Secretary by the Arctic Slope

14 Regional Corporation and the State of Alaska.

15 (2) The Arctic Slope Regional Corporation is author16 ized to identify by notice for withdrawal pursuant to para17 graph (1) not more than twice the number of acres of pri18 vate land identified for exchange in subsections (a) and

19 (b).

20 (3) The State of Alaska is authorized to identify by

21 notice for withdrawal pursuant to paragraph (1) not more

22 than twice the number of acres of State of Alaska land

23 identified for exchange in subsection (a).

24 (4) In the event of any overlap of lands identified for

25 withdrawal and potential acquisition by the Arctic Slope
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1 Regional Corporation and the State of Alaska, the Sec2 retary shall request an identification by the Arctic Slope

3 Regional Corporation of one township of land (23,040

4 acres) within the area of overlap and such township shall

5 be available only for acquisition by the Arctic Slope Re6 gional Corporation. Thereafter, the Secretary shall request

7 an identification by the State of Alaska of one township

8 of land within the area of overlap and such township shall

9 be available only for acquisition by the State of Alaska.

10 Thereafter, the Secretary shall request alternating identi11 fications by the Arctic Slope Regional Corporation and by

12 the State of Alaska of one township of land within the

13 area of overlap until all lands within the area of overlap

14 shall have been identified by either the Arctic Slope Re15 gional Corporation or the State of Alaska.

16 (5) The withdrawal of lands required pursuant to

17 paragraph (1) shall terminate either upon the consumma18 tion of land exchanges with the Arctic Slope Regional Cor19 poration and the State of Alaska or upon the expiration

20 of a period of 3 years from the date of the withdrawal,

21 whichever first occurs: Provided, That the Secretary may

22 terminate the withdrawal of any lands withdrawn under

23 this subsection whenever the Secretary and the party iden24 tifying such lands for withdrawal mutually agree to ex25 clude such lands from further consideration for exchange
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1 under this section; and: Provided further, That the Sec2 retary may conduct activities preparatory to leasing oil

3 and gas on lands withdrawn pursuant to this subsection.

4 (e) OTHER LAWS.—Land exchanges authorized

5 under this section shall be consummated in accordance

6 with the provisions of this section, section 22(f) of the

7 Alaska Native Claims Settlement Act (43 U.S.C. 1601,

8 1621(f)), and section 1302(h) of the Alaska National In9 terest Lands Conservation Act, and all of the lands, or

10 interests therein, conveyed to and received by the Arctic

11 Slope Regional Corporation pursuant to an exchange au12 thorized by subsections (a) and (b) of this section shall

13 be deemed conveyed and received pursuant to an exchange

14 under section 22(f) of the Alaska Native Claims Settle15 ment Act (43 U.S.C. 1601, 1621(f)).

16 (f) OTHER USES.—Subsistence, cultural, traditional,

17 and other uses of the Arctic Slope Regional Corporation’s

18 shareholders and local residents on the lands to be ac19 quired under subsections (a) and (b) shall continue to be

20 permitted.

21 (g) AUTHORIZATION.—There are hereby authorized

22 to be appropriated such sums as are necessary to carry

23 out the purposes of this section.
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1 SEC. 313. KENAI NATIVES ASSOCIATION LAND EXCHANGE.

2 (a) PURPOSE.—The purpose of this section is to au3 thorize and direct the Secretary, at the election of the

4 Kenai Natives Association, to complete the conveyances

5 provided for in this section.

6 (b) DEFINITIONS.—For purposes of this section—

7 (1) the term ‘‘ANCSA’’ means the Alaska Na8 tive Claims Settlement Act of 1971 (43 U.S.C. 1601

9 et seq.);

10 (2) the term ‘‘ANILCA’’ means the Alaska Na11 tional Interest Lands Conservation Act (Public Law

12 96–487; 94 Stat. 2371 et seq.);

13 (3) the term ‘‘conservation system unit’’ has

14 the same meaning as in section 102(4) of ANILCA

15 (16 U.S.C. 3102 (4));

16 (4) the term ‘‘CIRI’’ means Cook Inlet Region,

17 Inc., a Native Regional Corporation incorporated in

18 the State of Alaska pursuant to the terms of

19 ANCSA;

20 (5) the term ‘‘EVOS’’ means the Exxon Valdez

21 oil spill;

22 (6) the term ‘‘KNA’’ means the Kenai Natives

23 Association, Inc., an urban corporation incorporated

24 in the State of Alaska pursuant to the terms of

25 ANCSA;
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1 (7) the term ‘‘lands’’ means any lands, waters,

2 or interests therein;

3 (8) the term ‘‘Refuge’’ means the Kenai Na4 tional Wildlife Refuge;

5 (9) the term ‘‘Secretary’’ means the Secretary

6 of the Interior;

7 (10) the term ‘‘Service’’ means the United

8 States Fish and Wildlife Service; and

9 (11) the term ‘‘Terms and Conditions’’ means

10 the Terms and Conditions for Land Consolidation

11 and Management in the Cook Inlet Area, as clarified

12 on August 31, 1976, ratified by section 12 of Public

13 Law 94–204 (43 U.S.C. 1611 note).

14 (c) ACQUISITION OF LANDS.—

15 (1) OFFER TO KNA.—

16 (A) IN GENERAL.—Subject to the availabil17 ity of funds identified in paragraph (2)(C), no

18 later than 90 days after the date of enactment

19 of this Act, the Secretary shall offer to convey

20 to KNA the interests in land and rights set

21 forth in paragraph (2)(B), subject to valid ex22 isting rights, in turn for the conveyance by

23 KNA to the United States of the interests in

24 land or relinquishment of ANCSA selections set

25 forth in paragraph (2)(A). Payment for the
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1 lands conveyed to the United States by KNA is

2 contingent upon KNA’s acceptance of the entire

3 conveyance outlined herein.

4 (B) LIMITATION.—The Secretary may not

5 convey any lands or make payment to KNA

6 under this section unless title to the lands to be

7 conveyed by KNA under this section has been

8 found by the United States to be sufficient in

9 accordance with the provisions of section 355 of

10 the Revised Statutes (40 U.S.C. 255).

11 (2) ACQUISITION LANDS.—

12 (A) LANDS TO BE CONVEYED TO THE

13 UNITED STATES.—The lands to be conveyed by

14 KNA to the United States, or the valid selec15 tion rights under ANCSA to be relinquished, all

16 situated within the boundary of the Refuge, are

17 the following:

18 (i) The conveyance of approximately

19 803 acres located along and on islands

20 within the Kenai River, known as the

21 Stephanka Tract.

22 (ii) The conveyance of approximately

23 1,243 acres located along the Moose River,

24 known as the Moose River Patented Lands

25 Tract.
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1 (iii) The relinquishment of—

2 (I) KNA’s selection known as the

3 Moose River Selected Tract, contain4 ing approximately 753 acres located

5 along the Moose River;

6 (II) KNA’s remaining ANCSA

7 entitlement of approximately 454

8 acres; and

9 (III) all KNA’s remaining over

10 selections.

11 Upon completion of all relinquishments

12 specified in this paragraph, all KNA’s enti13 tlement shall be deemed to be extinguished

14 and the completion of this acquisition shall

15 satisfy all KNA’s ANCSA acreage entitle16 ment.

17 (iv) The conveyance of an access ease18 ment providing the United States and its

19 assigns access across KNA’s surface estate

in SW1 20 ⁄4 of section 21, T.6N., R.9W., Sew21 ard Meridian, Alaska.

22 (v) The conveyance of approximately

23 100 acres within the Beaver Creek Pat24 ented Tract, which is contiguous to lands

25 being retained by the United States contig-
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1 uous to the Beaver Creek Patented Tract,

2 in exchange for 280 acres of Service lands

3 currently situated within the Beaver Creek

4 Selected Tract.

5 (B) LANDS TO BE CONVEYED TO KNA.—

6 The rights provided or lands to be conveyed by

7 the United States to KNA, are the following:

8 (i) The surface and subsurface estate

9 to approximately 5 acres, subject to res10 ervations of easements for existing roads

11 and utilities, located within the City of

12 Kenai, Alaska, identified as United States

13 Survey 1435, withdrawn by Executive

14 Order 2934, and known as the old Fish

15 and Wildlife Service Headquarters site.

16 (ii) The remaining subsurface estate

17 held by the United States to approximately

18 13,811 acres, including portions of the

19 Beaver Creek Selected Tract, and portions

20 of the Swanson River Road West Tract

21 and the Swanson River Road East Tract,

22 where the surface was previously or will be

23 conveyed to KNA pursuant to this section.

24 The conveyance of these subsurface inter25 ests shall be subject to the rights and obli-
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•HR 4236 IH

1 gations of CIRI to the coal, oil, and gas,

2 and to all rights and obligations of CIRI,

3 its successors, and assigns would have

4 under paragraph 1(B) of the Terms and

5 Conditions, including the right to sand and

6 gravel, to construct facilities, to have

7 rights-of-way, and to otherwise develop its

8 subsurface interests.

9 (iii)(I) The nonexclusive right to use

10 sand and gravel which is reasonably nec11 essary for on-site development without

12 compensation or permit on those portions

13 of the Swanson River Road East Tract,

14 comprising approximately 1,738.04 acres;

15 where the entire subsurface of the land is

16 presently owned by the United States. The

17 United States shall retain the ownership of

18 all other sand and gravel located within the

19 subsurface and KNA shall not sell or dis20 pose of such sand and gravel.

21 (II) The right to excavate within the

22 subsurface estate as reasonably necessary

23 for structures, utilities, transportation sys24 tems, and other development of the surface

25 estate.
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•HR 4236 IH

1 (iv) The nonexclusive right to excavate

2 within the subsurface estate as reasonably

3 necessary for structures, utilities, transpor4 tation systems, and other development of

the surface estate on the SW1 5 ⁄4 section 21,

6 T.6N., R.9W., Seward Meridian, Alaska,

7 where the entire subsurface of the land is

8 owned by the United States and which

9 public lands shall continue to be withdrawn

10 from mining following their removal from

11 the Refuge boundary under subsection

12 (d)(1)(A). The United States shall retain

13 the ownership of all other sand and gravel

14 located within the subsurface of this par15 cel.

16 (v) The surface estate of approxi17 mately 280 acres known as the Beaver

18 Creek Selected Tract. This tract shall be

19 conveyed to KNA in exchange for lands

20 conveyed to the United States as described

21 in paragraph (2)(A)(ii).

22 (C) PAYMENT.—The United States shall

23 make a total cash payment to KNA for the

24 above-described lands described in subpara25 graph (B) of $4,443,000, contingent upon the
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•HR 4236 IH

1 appropriate approvals of the Federal or State of

2 Alaska EVOS Trustees (or both) necessary for

3 any expenditure of the EVOS settlement funds.

4 (D) NATIONAL REGISTER OF HISTORIC

5 PLACES.—Upon completion of the acquisition

6 authorized in paragraph (1)(A), the Secretary

7 shall, at no cost to KNA, in coordination with

8 KNA, promptly undertake to nominate the

9 Stephanka Tract to the National Register of

10 Historic Places, in recognition of the archae11 ological artifacts from the original Dena’ina

12 Settlement. If the Department of the Interior

13 establishes a historical, cultural, or archaeologi14 cal interpretive site, KNA shall have the exclu15 sive right to operate a Dena’ina interpretive site

16 on the Stephanka Tract under the regulations

17 and policies of the department. If KNA declines

18 to operate such a site, the Department may do

19 so under its existing authorities. Prior to the

20 Department undertaking any archaeological ac21 tivities whatsoever on the Stephanka Tract,

22 KNA shall be consulted.

23 (d) GENERAL PROVISIONS.—

24 (1) REMOVAL OF KNA LANDS FROM THE NA25 TIONAL WILDLIFE REFUGE SYSTEM.—
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•HR 4236 IH

1 (A) IN GENERAL.—Effective on the date of

2 closing for the Acquisition Lands identified in

3 subsection (c)(2)(B), all lands retained by or

4 conveyed to KNA pursuant to this section, and

5 the subsurface interests of CIRI underlying

6 such lands shall be automatically removed from

7 the National Wildlife Refuge System and shall

8 neither be considered as part of the Refuge nor

9 subject to any laws pertaining solely to lands

10 within the boundaries of the Refuge. The con11 veyance restrictions imposed by section 22(g) of

12 ANCSA (i) shall then be ineffective and cease

13 to apply to such interests of KNA and CIRI,

14 and (ii) shall not be applicable to the interests

15 received by KNA in accordance with subsection

16 (b)(2)(B) or to the CIRI interests underlying

17 them. The Secretary shall adjust the boundaries

18 of the Refuge so as to exclude all interests in

19 lands retained or received in exchange by KNA

20 in accordance with this section, including both

21 surface and subsurface, and shall also exclude

22 all interests currently held by CIRI. On lands

23 within the Swanson River Road East Tract, the

24 boundary adjustment shall only include the sur-
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•HR 4236 IH

1 face estate where the subsurface estate is re2 tained by the United States.

3 (B) AGREEMENT.—(i) The Secretary,

4 KNA, and CIRI shall execute an agreement

5 within 45 days of the date of enactment of this

6 section which preserves CIRI’s rights under

7 paragraph 1(B)(1) of the Terms and Condi8 tions, addresses CIRI’s obligations under such

9 paragraph, and adequately addresses manage10 ment issues associated with the boundary ad11 justment set forth in this section and with the

12 differing interests in land resulting from enact13 ment of this section.

14 (ii) In the event that no agreement is exe15 cuted as provided for in clause (i), solely for the

16 purposes of administering CIRI’s rights and ob17 ligations under paragraph 1(B)(1) of the Terms

18 and Conditions, the Secretary and CIRI shall

19 be deemed to have retained their respective

20 rights and obligations with respect to CIRI’s

21 subsurface interests under the requirements of

22 the terms and Conditions in effect on June 18,

23 1996. Notwithstanding the boundary adjust24 ments made pursuant to this section, convey25 ances to KNA shall be deemed to remain sub-
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•HR 4236 IH

1 ject to the Secretary’s and CIRI’s rights and

2 obligations under paragraph 1(B)(1) of the

3 Terms and Conditions.

4 (C) AUTHORIZATION.—The Secretary is

5 authorized to acquire by purchase or exchange,

6 on a willing seller basis only, any lands retained

7 by or conveyed to KNA. In the event that any

8 lands owned by KNA are subsequently acquired

9 by the United States, they shall be automati10 cally included in the Refuge System. The laws

11 and regulations applicable to Refuge lands shall

12 then apply to these lands and the Secretary

13 shall then adjust the boundaries accordingly.

14 (D) CERTAIN CIRI AND KNA RIGHTS.—

15 Nothing in this section is intended to enlarge or

16 diminish the authorities, rights, duties, obliga17 tions, or the property rights held by CIRI under

18 the Terms and Conditions, or otherwise except

19 as set forth in this section. In the event of the

20 purchase by the United States of any lands

21 from KNA in accordance with subsection

22 (c)(1)(C), the United States shall reassume

23 from KNA the rights it previously held under

24 the Terms and Conditions and the provisions in
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•HR 4236 IH

1 any patent implementing section 22(g) of

2 ANCSA will again apply.

3 (E) CERTAIN IN-LIEU SUBSURFACE ENTI4 TLEMENT.—By virtue of implementation of this

5 section, CIRI is deemed entitled to 1,207 acres

6 of in-lieu subsurface entitlement under section

7 12(a)(1) of ANCSA. Such entitlement shall be

8 fulfilled in accordance with paragraph

9 1(B)(2)(A) of the Terms and Conditions.

10 (e) MAPS AND LEGAL DESCRIPTIONS.—Maps and a

11 legal description of the lands described above in subsection

12 (c)(2) shall be on file and available for public inspection

13 in the appropriate offices of the United States Department

14 of the Interior, and the Secretary shall, no later than 90

15 days after enactment of this section, prepare a legal de16 scription of the lands described in subsection (c)(2)(A)(v).

17 Such maps and legal description shall have the same force

18 and effect as if included in this section, except that the

19 Secretary may correct clerical and typographical errors.

20 (f) ACCEPTANCE.—KNA may accept the offer made

21 in this section by notifying the Secretary in writing of its

22 decision within 180 days of receipt of the offer. In the

23 event the offer is rejected, the Secretary shall notify the

24 Committee on Resources of the House of Representatives

25 and the Committee on Energy and Natural Resources and
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•HR 4236 IH

1 the Committee on Environment and Public Works of the

2 Senate.

3 (g) FINAL MAPS.—Not later than 120 days after the

4 conclusion of the acquisition authorized by subsection (c),

5 the Secretary shall transmit a final report and maps accu6 rately depicting the lands transferred and conveyed pursu7 ant to this section and the acreage and legal descriptions

8 of such lands to the Committee on Resources of the House

9 of Representatives and the Committee on Energy and

10 Natural Resources and the Committee on Environment

11 and Public Works of the Senate.

12 (h) ADJUSTMENTS TO NATIONAL WILDERNESS SYS13 TEM.—Upon acquisition of lands by the United States

14 pursuant to subsection (c)(2)(A), that portion of the

15 Stephanka Tract lying south and west of the Kenai River,

16 consisting of approximately 592 acres, shall be included

17 in and managed in accordance with the applicable provi18 sions of the Wilderness Act and ANILCA.

19 (i) DESIGNATION OF LAKE TODATONEN SPECIAL

20 MANAGEMENT AREA.—To offset the removal of KNA

21 lands from the Refuge System, the Secretary is hereby au22 thorized to withdraw, subject to valid existing rights, and

23 to create as a special management unit for uses other than

24 Wilderness, including the protection of fish, wildlife, and

25 habitat, certain unappropriated and unreserved public
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•HR 4236 IH

1 lands, totaling approximately 15,500 acres adjacent to the

2 west boundary of the Kanuti National Wildlife Refuge to

3 be known as the ‘‘Lake Todatonten Special Management

4 Area’’, from the 37,000 acres as depicted on the map enti5 tled Proposed: Lake Todatonten Special Management

6 Area, dated June 13, 1996, and to be managed by the

7 Bureau of Land Management. Such withdrawal shall not

8 include any validly selected land by the State of Alaska

9 or Alaska Native Corporation or any lands that the Sec10 retary determines has mineral potential based on surveys

11 conducted or to be conducted by the United States Geo12 logical Survey. Such withdrawals shall not occur, however,

13 until the Secretary has complied with the requirements of

14 subparagraphs (1) through (12) of paragraph 204(c)(2)

15 of FLPMA. The Secretary may study the remaining lands

16 within the area depicted on the map for future potential

17 withdrawal pursuant to section 204 of FLPMA.

18 (j) MANAGEMENT.—

19 (1) Such designation is subject to all valid ex20 isting rights including R.S. 2477 Rights-of-Way, as

21 well as the subsistence preferences provided under

22 title VIII of ANILCA.

23 (2)(A) The BLM shall establish the Lake

24 Todatonten Special Management Area Committee.
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•HR 4236 IH

1 The membership of the Committee shall consist of

2 11 members as follows:

3 (i) Two residents each from the villages of

4 Alatna, Allakaket, Hughes, and Tanana.

5 (ii) One representative from each of Doyon

6 Corporation, the Tanana Chiefs Conference,

7 and the State of Alaska.

8 (B) Members of the Committee shall serve with9 out pay.

10 (C) The BLM shall hold meetings of the Lake

11 Todatonten Special Management Area Committee at

12 least once per year to discuss management issues

13 within the Special Management Area. The BLM

14 shall not allow any new type of activity in the Spe15 cial Management Area without first conferring with

16 the Committee in a timely manner.

17 (k) ACCESS.—The Secretary shall allow the following:

18 (1) Private access for any purpose, including

19 economic development, to lands within the bound20 aries of the Special Management Area which are

21 owned by third parties or are held in trust by the

22 Secretary for third parties pursuant to the Alaska

23 Native Allotment Act (25 U.S.C. 336). Such rights

24 may be subject to restrictions issued by the BLM to
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•HR 4236 IH

1 protect subsistence uses of Special Management

2 Area.

3 (2) Section 1110 of ANILCA shall apply to the

4 Special Management Area.

5 (l) SECRETARIAL ORDER AND MAPS.—The Secretary

6 shall file with the Committee on Resources of the United

7 States House of Representatives and the Committee and

8 Energy and Natural Resources of the United States Sen9 ate, the Secretarial Order and maps setting forth the

10 boundaries of the Area within 90 days of the completion

11 of the acquisition authorized by this section. Once estab12 lished, this Order may only be amended or revoked by Act

13 of Congress.

14 (m) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated such sums as may be

16 necessary to carry out the purposes of this section.

17 TITLE IV—RIVERS AND TRAILS

18 SEC. 401. CACHE LA POUDRE CORRIDOR.

19 (a) PURPOSE.—The purpose of this section is to des20 ignate the Cache La Poudre Corridor within the Cache

21 La Poudre River Basin and to provide for the interpreta22 tion, for the educational and inspirational benefit of

23 present and future generations, of the unique and signifi24 cant contributions to our national heritage of cultural and
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•HR 4236 IH

1 historical lands, waterways, and structures within the

2 Area.

3 (b) DEFINITIONS.—As used in this section:

4 (1) COMMISSION.—The term ‘‘Commission’’

5 means the Cache La Poudre Corridor Commission

6 established by subsection (f)(1).

7 (2) CORRIDOR.—The term ‘‘Corridor’’ means

8 the Cache La Poudre Corridor established by section

9 401(c).

10 (3) GOVERNOR.—The term ‘‘Governor’’ means

11 the Governor of the State of Colorado.

12 (4) PLAN.—The term ‘‘Plan’’ means the inter13 pretation plan prepared by the Commission pursuant

14 to subsection (j)(1).

15 (5) POLITICAL SUBDIVISION OF THE STATE.—

16 The term ‘‘political subdivision of the State’’ means

17 a political subdivision of the State of Colorado, any

18 part of which is located in or adjacent to the Cor19 ridor, including a county, city, town, water conser20 vancy district, or special district.

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

22 the Secretary of the Interior.

23 (c) ESTABLISHMENT.—There is established in the

24 State of Colorado the Cache La Poudre Corridor.
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•HR 4236 IH

1 (d) BOUNDARIES.—The boundaries of this Corridor

2 shall include those lands within the 100–year flood plain

3 of the Cache La Poudre River Basin, beginning at a point

4 where the Cache La Poudre River flows out of the Roo5 sevelt National Forest and continuing east along said

6 floodplain to a point one quarter of one mile west of the

7 confluence of the Cache La Poudre River and the South

8 Platte Rivers in Weld County, Colorado, comprising less

9 than 35,000 acres, and generally depicted as the 100–year

10 flood boundary on the Federal Flood Insurance maps list11 ed below:

12 (1) FLOOD INSURANCE RATE MAP, LARIMER

13 COUNTY, COLORADO.—Community-Panel No.

14 080101 0146B, April 2, 1979. United States De15 partment of Housing and Urban Development, Fed16 eral Insurance Administration.

17 (2) FLOOD INSURANCE RATE MAP, LARIMER

18 COUNTY, COLORADO.—Community-Panel No.

19 080101 0147B, April 2, 1979. United States De20 partment of Housing and Urban Development, Fed21 eral Insurance Administration.

22 (3) FLOOD INSURANCE RATE MAP, LARIMER

23 COUNTY, COLORADO.—Community-Panel No.

24 080101 0162B, April 2, 1979. United States De-
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•HR 4236 IH

1 partment of Housing and Urban Development, Fed2 eral Insurance Administration.

3 (4) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, COLORADO.—Community-Panel No.

5 080101 0163C, March 18, 1986. Federal Emer6 gency Management Agency, Federal Insurance Ad7 ministration.

8 (5) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, COLORADO.—Community-Panel No.

10 080101 0178C, March 18, 1986. Federal Emer11 gency Management Agency, Federal Insurance Ad12 ministration.

13 (6) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No.

15 080102 0002B, February 15, 1984. Federal Emer16 gency Management Agency, Federal Insurance Ad17 ministration.

18 (7) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, COLORADO.—Community-Panel No.

20 080101 0179C, March 18, 1986. Federal Emer21 gency Management Agency, Federal Insurance Ad22 ministration.

23 (8) FLOOD INSURANCE RATE MAP, LARIMER

24 COUNTY, COLORADO.—Community-Panel No.

25 080101 0193D, November 17, 1993. Federal Emer-
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•HR 4236 IH

1 gency Management Agency, Federal Insurance Ad2 ministration.

3 (9) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, COLORADO.—Community-Panel No.

5 080101 0194D, November 17, 1993. Federal Emer6 gency Management Agency, Federal Insurance Ad7 ministration.

8 (10) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, COLORADO.—Community-Panel No.

10 080101 0208C, November 17, 1993. Federal Emer11 gency Management Agency, Federal Insurance Ad12 ministration.

13 (11) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No.

15 080101 0221C, November 17, 1993. Federal Emer16 gency Management Agency, Federal Insurance Ad17 ministration.

18 (12) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, COLORADO.—Community-Panel No.

20 080266 0605D, September 27, 1991. Federal Emer21 gency Management Agency, Federal Insurance Ad22 ministration.

23 (13) FLOOD INSURANCE RATE MAP, LARIMER

24 COUNTY, COLORADO.—Community-Panel No.

25 080264 0005A, September 27, 1991. Federal Emer-
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•HR 4236 IH

1 gency Management Agency, Federal Insurance Ad2 ministration.

3 (14) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, COLORADO.—Community-Panel No.

5 080266 0608D, September 27, 1991. Federal Emer6 gency Management Agency, Federal Insurance Ad7 ministration.

8 (15) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, COLORADO.—Community-Panel No.

10 080266 0609C, September 28, 1982. Federal Emer11 gency Management Agency, Federal Insurance Ad12 ministration.

13 (16) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No.

15 080266 0628C, September 28, 1982. Federal Emer16 gency Management Agency, Federal Insurance Ad17 ministration.

18 (17) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, COLORADO.—Community-Panel No.

20 080184 0002B, July 16, 1979. United States De21 partment of Housing and Urban Development, Fed22 eral Insurance Administration.

23 (18) FLOOD INSURANCE RATE MAP, LARIMER

24 COUNTY, COLORADO.—Community-Panel No.

25 080266 0636C, September 28, 1982. Federal Emer-
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•HR 4236 IH

1 gency Management Agency, Federal Insurance Ad2 ministration.

3 (19) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, COLORADO.—Community-Panel No.

5 080266 0637C, September 28, 1982. Federal Emer6 gency Management Agency, Federal Insurance Ad7 ministration.

8 As soon as practicable after the date of enactment of this

9 Act, the Secretary shall publish in the Federal Register

10 a detailed description and map of the boundaries of the

11 Corridor.

12 (e) PUBLIC ACCESS TO MAPS.—The maps shall be

13 on file and available for public inspection in—

14 (1) the offices of the Department of the Inte15 rior in Washington, District of Columbia, and Den16 ver, Colorado; and

17 (2) local offices of the city of Fort Collins,

18 Larimer Country, the city of Greeley, and Weld

19 County.

20 (f) ESTABLISHMENT OF THE CACHE LA POUDRE

21 CORRIDOR COMMISSION.—

22 (1) ESTABLISHMENT.—

23 (A) IN GENERAL.—There is established the

24 Cache La Poudre Corridor Commission.
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1 (B) FUNCTION.—The Commission, in con2 sultation with appropriate Federal, State, and

3 local authorities, shall develop and implement

4 an integrated plan to interpret elements of the

5 history of water development within the Cor6 ridor.

7 (2) MEMBERSHIP.—The Commission shall be

8 composed of 15 members appointed not later than 6

9 months after the date of enactment of this title. Of

10 these 15 members—

11 (A) 1 member shall be a representative of

12 the Secretary of the Interior which member

13 shall be an ex officio member;

14 (B) 1 member shall be a representative of

15 the Forest Service, appointed by the Secretary

16 of Agriculture, which member shall be an ex

17 officio member;

18 (C) 3 members shall be recommended by

19 the Governor and appointed by the Secretary,

20 of whom—

21 (i) 1 member shall represent the

22 State;

23 (ii) 1 member shall represent Colo24 rado State University in Fort Collins; and
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1 (iii) 1 member shall represent the

2 Northern Colorado Water Conservancy

3 District;

4 (iv) 6 members shall be representa5 tives of local governments who are rec6 ommended by the Governor and appointed

7 by the Secretary, of whom—

8 (I) 1 member shall represent the

9 city of Fort Collins;

10 (II) 2 members shall represent

11 Larimer County, 1 of which shall rep12 resent agriculture or irrigated water

13 interests;

14 (III) 1 member shall represent

15 the city of Greeley;

16 (IV) 2 members shall represent

17 Weld County, 1 of which shall rep18 resent agricultural or irrigated water

19 interests; and

20 (V) 1 member shall represent the

21 city of Loveland; and

22 (v) 3 members shall be recommended

23 by the Governor and appointed by the Sec24 retary, and shall—

25 (I) represent the general public;
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1 (II) be citizens of the State; and

2 (III) reside within the Area.

3 (3) CHAIRPERSON.—The chairperson of the

4 Commission shall be elected by the members of the

5 Commission from among members appointed under

6 clauses (iiii), (iv), or (v) of subparagraph (A). The

7 chairperson shall be elected for a 2–year term.

8 (4) VACANCIES.—A vacancy on the Commission

9 shall be filled in the same manner in which the origi10 nal appointment was made.

11 (5) TERMS OF SERVICE.—

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

13 subparagraphs (B) and (C), each member of

14 the Commission shall be appointed for a term

15 of 3 years and may be reappointed.

16 (B) INITIAL MEMBERS.—The initial mem17 bers of the Commission first appointed under

18 paragraph (2)(A) shall be appointed as follows:

19 (i) 3–YEAR TERMS.—The following

20 initial members shall serve for a 3–year

21 term:

22 (I) The representative of the Sec23 retary of the Interior.

24 (II) 1 representative of Weld

25 County.
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1 (III) 1 representative of Larimer

2 County.

3 (IV) 1 representative of the city

4 of Loveland.

5 (V) 1 representative of the gen6 eral public.

7 (ii) 2–YEAR TERMS.—The following

8 initial members shall serve for a 2–year

9 term:

10 (I) The representative of the

11 Forest Service.

12 (II) The representative of the

13 State.

14 (III) The representative of Colo15 rado State University.

16 (IV) The representative of the

17 Northern Colorado Water Conser18 vancy District.

19 (iii) 1–YEAR TERMS.—The following

20 initial members shall serve for a 1–year

21 term:

22 (I) 1 representative of the city of

23 Fort Collins.

24 (II) 1 representative of Larimer

25 County.
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•HR 4236 IH

1 (III) 1 representative of the city

2 of Greeley.

3 (IV) 1 representative of Weld

4 County.

5 (V) 1 representative of the gen6 eral public.

7 (C) PARTIAL TERMS.—

8 (i) FILLING VACANCIES.—A member

9 of the Commission appointed to fill a va10 cancy occurring before the expiration of

11 the term for which a predecessor was ap12 pointed shall be appointed only for the re13 mainder of their term.

14 (ii) EXTENDED SERVICE.—A member

15 of the Commission may serve after the ex16 piration of that member’s term until a suc17 cessor has taken office.

18 (6) COMPENSATION.—Members of the Commis19 sion shall receive no compensation for their service

20 on the Commission.

21 (7) TRAVEL EXPENSES.—While away from

22 their homes or regular places of business in the per23 formance of services for the Commission, members

24 shall be allowed travel expenses, including per diem

25 in lieu of subsistence, in the same manner as per-
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•HR 4236 IH

1 sons employed intermittently in the Government

2 service are allowed expenses under section 5703 of

3 title 5, United States Code.

4 (g) STAFF OF THE COMMISSION.—

5 (1) STAFF.—The Commission shall have the

6 power to appoint and fix the compensation of such

7 staff as may be necessary to carry out the duties of

8 the Commission.

9 (A) APPOINTMENT AND COMPENSATION.—

10 Staff appointed by the Commission—

11 (i) shall be appointed without regard

12 to the civil service laws and regulations;

13 and

14 (ii) shall be compensated without re15 gard to the provisions of chapter 51 and

16 subchapter III of chapter 53 of title 5,

17 United States Code, relating to classifica18 tion of positions and General Schedule pay

19 rates.

20 (2) EXPERTS AND CONSULTANTS.—Subject to

21 such rules as may be adopted by the Commission,

22 the Commission may procure temporary and inter23 mittent services to the same extent as is authorized

24 by section 3109(b) of title 5, United States Code, at

25 rates for individuals that do not exceed the daily
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1 equivalent of the annual rate of basic pay prescribed

2 for level V of the Executive Schedule under section

3 5316 of such title.

4 (3) STAFF OF OTHER AGENCIES.—

5 (A) FEDERAL.—Upon request of the Com6 mission, the head of a Federal agency may de7 tail, on a reimbursement basis, any of the per8 sonnel of the agency to the Commission to as9 sist the Commission in carrying out the Com10 mission’s duties. The detail shall be without

11 interruption or loss of civil service status or

12 privilege.

13 (B) ADMINISTRATIVE SUPPORT SERV14 ICES.—The Administrator of the General Serv15 ices Administration shall provide to the Com16 mission, on a reimbursable basis, such adminis17 trative support services as the Commission may

18 request.

19 (C) STATE.—The Commission may—

20 (i) accept the service of personnel de21 tailed from the State, State agencies, and

22 political subdivisions of the State; and

23 (ii) reimburse the State, State agency,

24 or political subdivision of the State for

25 such services.
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1 (h) POWERS OF THE COMMISSION.—

2 (1) HEARINGS.—

3 (A) IN GENERAL.—The Commission may

4 hold such hearings, sit and act at such times

5 and places, take such testimony, and receive

6 such evidence as the Commission considers nec7 essary to carry out this title.

8 (B) SUBPOENAS.—The Commission may

9 not issue subpoenas or exercise any subpoena

10 authority.

11 (2) MAILS.—The Commission may use the

12 United States mails in the same manner and under

13 the same conditions as other departments and agen14 cies of the Federal Government.

15 (3) MATCHING FUNDS.—The Commission may

16 use its funds to obtain money from any source under

17 a program or law requiring the recipient of the

18 money to make a contribution in order to receive the

19 money.

20 (4) GIFTS.—

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

22 subsection (e)(3), the Commission may, for the

23 purpose of carrying out its duties, seek, accept,

24 and dispose of gifts, bequests, or donations of
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1 money, personal property, or services received

2 from any source.

3 (5) REAL PROPERTY.—

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

5 subparagraph (B), the Commission may not ac6 quire real property or an interest in real prop7 erty.

8 (B) EXCEPTION.—Subject to subpara9 graph (C), the Commission may acquire real

10 property in the Corridor, and interests in real

11 property in the Corridor—

12 (i) by gift or device;

13 (ii) by purchase from a willing seller

14 with money that was given or bequeathed

15 to the Commission; or

16 (iii) by exchange.

17 (C) CONVEYANCE TO PUBLIC AGENCIES.—

18 Any real property or interest in real property

19 acquired by the Commission under subpara20 graph (B) shall be conveyed by the Commission

21 to an appropriate non-Federal public agency, as

22 determined by the Commission. The conveyance

23 shall be made—

24 (i) as soon as practicable after acqui25 sition;
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1 (ii) without consideration; and

2 (iii) on the condition that the real

3 property or interest in real property so

4 conveyed is used in furtherance of the pur5 pose for which the Area is established.

6 (6) COOPERATIVE AGREEMENTS.—For the pur7 pose of carrying out the Plan, the Commission may

8 enter into cooperative agreements with Federal

9 agencies, State agencies, political subdivisions of the

10 State, and persons. Any such cooperative agreement

11 shall, at a minimum, establish procedures for provid12 ing notice to the Commission of any action that may

13 affect the implementation of the Plan.

14 (7) ADVISORY GROUPS.—The Commission may

15 establish such advisory groups as it considers nec16 essary to ensure open communication with, and as17 sistance from Federal agencies, State agencies, polit18 ical subdivisions of the State, and interested per19 sons.

20 (8) MODIFICATION OF PLANS.—

21 (A) IN GENERAL.—The Commission may

22 modify the Plan if the Commission determines

23 that such modification is necessary to carry out

24 this section.
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1 (B) NOTICE.—No modification shall take

2 effect until—

3 (i) any Federal agency, State agency,

4 or political subdivision of the State that

5 may be affected by the modification re6 ceives adequate notice of, and an oppor7 tunity to comment on, the modification;

8 (ii) if the modification is significant,

9 as determined by the Commission, the

10 Commission has—

11 (I) provided adequate notice of

12 the modification by publication in the

13 area of the Corridor; and

14 (II) conducted a public hearing

15 with respect to the modification; and

16 (III) the Governor has approved

17 the modification.

18 (i) DUTIES OF THE COMMISSION.—

19 (1) PLAN.—The Commission shall prepare, ob20 tain approval for, implement, and support the Plan

21 in accordance with subsection (j).

22 (2) MEETINGS.—

23 (A) TIMING.—

24 (i) INITIAL MEETING.—The Commis25 sion shall hold its first meeting not later
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1 than 90 days after the date on which its

2 last initial member is appointed.

3 (ii) SUBSEQUENT MEETINGS.—After

4 the initial meeting, the Commission shall

5 meet at the call of the chairperson or 7 of

6 its members, except that the Commission

7 shall meet at least quarterly .

8 (B) QUORUM.—Ten members of the Com9 mission shall constitute a quorum, but a lesser

10 number of members may hold hearings.

11 (C) BUDGET.—The affirmative vote of not

12 less than 10 members of the Commission shall

13 be required to approve the budget of the Com14 mission.

15 (3) ANNUAL REPORTS.—Not later than May 15

16 of each year, following the year in which the mem17 bers of the Commission have been appointed, the

18 Commission shall publish and submit to the Sec19 retary and to the Governor, an annual report con20 cerning the Commission’s activities.

21 (j) PREPARATION, REVIEW, AND IMPLEMENTATION

22 OF THE PLAN.—

23 (1) PREPARATION OF PLAN.—

24 (A) IN GENERAL.—Not later than 2 years

25 after the Commission conducts its first meeting,
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1 the Commission shall submit to the Governor

2 an Interpretation Plan.

3 (B) DEVELOPMENT.—In developing the

4 Plan, the Commission shall—

5 (i) consult on a regular basis with ap6 propriate officials of any Federal or State

7 agency, political subdivision of the State,

8 and local government that has jurisdiction

9 over or an ownership interest in land,

10 water, or water rights within the Area; and

11 (ii) conduct public hearings within the

12 Area for the purpose of providing inter13 ested persons the opportunity to testify

14 about matters to be addressed by the Plan.

15 (C) RELATIONSHIP TO EXISTING PLANS.—

16 The Plan—

17 (i) shall recognize any existing Fed18 eral, State, and local plans;

19 (ii) shall not interfere with the imple20 mentation, administration, or amendment

21 of such plans; and

22 (iii) to the extent feasible, shall seek

23 to coordinate the plans and present a uni24 fied interpretation plan for the Corridor.

25 (2) REVIEW OF PLAN.—
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1 (A) IN GENERAL.—The Commission shall

2 submit the Plan to the Governor for his review.

3 (B) GOVERNOR.—The Governor may re4 view the Plan and if he concurs in the Plan,

5 may submit the Plan to the Secretary, together

6 with any recommendations.

7 (C) SECRETARY.—The Secretary shall ap8 prove or disapprove the Plan within 90 days. In

9 reviewing the Plan, the Secretary shall consider

10 the adequacy of—

11 (i) public participation; and

12 (ii) the Plan in interpreting, for the

13 educational and inspirational benefit of

14 present and future generations, the unique

15 and significant contributions to our na16 tional heritage of cultural and historical

17 lands, waterways, and structures within

18 the Corridor.

19 (3) DISAPPROVAL OF PLAN.—

20 (A) NOTIFICATION BY SECRETARY.—If the

21 Secretary disapproves the Plan, the Secretary

22 shall, not later than 60 days after the date of

23 disapproval, advise the Governor and the Com24 mission of the reasons for disapproval, together

25 with recommendations for revision.
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1 (B) REVISION AND RESUBMISSION TO GOV2 ERNOR.—Not later than 90 days after receipt

3 of the notice of disapproval, the Commission

4 shall revise and resubmit the Plan to the Gov5 ernor for review.

6 (C) RESUBMISSION TO SECRETARY.—If

7 the Governor concurs in the revised Plan, he

8 may submit the revised Plan to the Secretary

9 who shall approve or disapprove the revision

10 within 60 days. If the Governor does not concur

11 in the revised Plan, he may resubmit it to the

12 Commission together with his recommendations

13 for further consideration and modification.

14 (4) IMPLEMENTATION OF PLAN.—After ap15 proval by the Secretary, the Commission shall imple16 ment and support the Plan as follows:

17 (A) CULTURAL RESOURCES.—

18 (i) IN GENERAL.—The Commission

19 shall assist Federal agencies, State agen20 cies, political subdivisions of the State, and

21 nonprofit organizations in the conservation

22 and interpretation of cultural resources

23 within the Corridor.

24 (ii) EXCEPTION.—In providing the as25 sistance, the Commission shall in no way
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1 infringe upon the authorities and policies

2 of a Federal agency, State agency, or polit3 ical subdivision of the State concerning the

4 administration and management of prop5 erty, water, or water rights held by such

6 agency, political subdivision, or private per7 sons or entities, or affect the jurisdiction

8 of the State of Colorado over any property,

9 water, or water rights within the Corridor.

10 (B) PUBLIC AWARENESS.—The Commis11 sion shall assist in the enhancement of public

12 awareness of, and appreciation for, the histori13 cal, recreational, architectural, and engineering

14 structures in the Area, and the archaeological,

15 geological, and cultural resources and sites in

16 the Corridor—

17 (i) by encouraging private owners of

18 identified structures, sites, and resources

19 to adopt voluntary measures for the pres20 ervation of the identified structure, site, or

21 resource; and

22 (ii) by cooperating with Federal agen23 cies, State agencies, and political subdivi24 sions of the State in acquiring, on a willing

25 seller basis, any identified structure, site,
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1 or resource which the Commission, with

2 the concurrence of the Governor, deter3 mines should be acquired and held by an

4 agency of the State.

5 (C) RESTORATION.—The Commission may

6 assist Federal agencies, State agencies, political

7 subdivisions of the State, and nonprofit organi8 zations in the restoration of any identified

9 structure or site in the Corridor with consent of

10 the owner. The assistance may include provid11 ing technical assistance for historic preserva12 tion, revitalization, and enhancement efforts.

13 (D) INTERPRETATION.—The Commission

14 shall assist in the interpretation of the histori15 cal, present, and future uses of the Corridor—

16 (i) by consulting with the Secretary

17 with respect to the implementation of the

18 Secretary’s duties under subsection (l);

19 (ii) by assisting the State and political

20 subdivisions of the State in establishing

21 and maintaining visitor orientation centers

22 and other interpretive exhibits within the

23 Corridor;

24 (iii) by encouraging voluntary co25 operation and coordination, with respect to
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1 ongoing interpretive services in the Cor2 ridor, among Federal agencies, State agen3 cies, political subdivisions of the State,

4 nonprofit organizations, and private citi5 zens; and

6 (iv) by encouraging Federal agencies,

7 State agencies, political subdivisions of the

8 State, and nonprofit organizations to un9 dertake new interpretive initiatives with re10 spect to the Corridor.

11 (E) RECOGNITION.—The Commission shall

12 assist in establishing recognition for the Cor13 ridor by actively promoting the cultural, histori14 cal, natural, and recreational resources of the

15 Corridor on a community, regional, statewide,

16 national, and international basis.

17 (F) LAND EXCHANGES.—The Commission

18 shall assist in identifying and implementing

19 land exchanges within the State of Colorado by

20 Federal and State agencies that will expand

21 open space and recreational opportunities with22 in the flood plain of the Corridor.

23 (k) TERMINATION OF TRAVEL EXPENSES PROVI24 SION.—Effective on the date that is 5 years after the date

25 on which the Secretary approves the Plan, members of the
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1 Commission may no longer receive reimbursement for

2 travel expenses.

3 (l) DUTIES OF THE SECRETARY.—

4 (1) ACQUISITION OF LAND.—The Secretary

5 may acquire land and interests in land within the

6 Corridor that have been specifically identified by the

7 Commission for acquisition by the Federal Govern8 ment and that have been approved for such acquisi9 tion by the Governor and the political subdivision of

10 the State where the land is located by donation, pur11 chase with donated or appropriated funds, or ex12 change. Acquisition authority may only be used if

13 such lands cannot be acquired by donation or ex14 change. No land or interest in land may be acquired

15 without the consent of the owner.

16 (2) TECHNICAL ASSISTANCE.—The Secretary

17 shall, upon the request of the Commission, provide

18 technical assistance to the Commission in the prepa19 ration and implementation of the Plan pursuant to

20 subsection (j).

21 (3) DETAIL.—Each fiscal year during the exist22 ence of the Commission, the Secretary shall detail to

23 the Commission, on a nonreimbursable basis, 2 em24 ployees of the Department of the Interior to enable
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1 the Commission to carry out the Commission’s du2 ties under subsection (i).

3 (m) OTHER FEDERAL ENTITIES.—

4 (1) DUTIES.—Subject to subsection (a), a Fed5 eral entity conducting or supporting activities di6 rectly affecting the flow of the Cache La Poudre

7 River through the Corridor, or the natural resources

8 of the Corridor shall consult with the Commission

9 with respect to such activities;

10 (2) AUTHORIZATION.—

11 (A) IN GENERAL.—The Secretary or Ad12 ministrator of a Federal agency may acquire

13 land in the flood plain of the Corridor by ex14 change for other lands within such agency’s ju15 risdiction within the State of Colorado, based

16 on fair market value: Provided, That such lands

17 have been identified by the Commission for ac18 quisition by a Federal agency and the Governor

19 and the political subdivision of the State or the

20 owner where the lands are located concur in the

21 exchange. Land so acquired shall be used to ful22 fill the purpose for which the Corridor is estab23 lished.

24 (B) AUTHORIZATION TO CONVEY PROP25 ERTY.—The Federal Property and Administra-
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1 tive Services Act of 1949 shall not apply to any

2 property within the State of Colorado for the

3 Cache La Poudre Corridor.’’.

4 (n) EFFECT ON ENVIRONMENTAL AND OTHER

5 STANDARDS, RESTRICTIONS, AND SAVINGS PROVI6 SIONS.—

7 (1) EFFECT ON ENVIRONMENTAL AND OTHER

8 STANDARDS.—

9 (A) VOLUNTARY COOPERATION.—In carry10 ing out this section, the Commission and Sec11 retary shall emphasize voluntary cooperation.

12 (B) RULES, REGULATIONS, STANDARDS,

13 AND PERMIT PROCESSES.—Nothing in this sec14 tion shall be considered to impose or form the

15 basis for imposition of any environmental, occu16 pational, safety, or other rule, regulation,

17 standard, or permit process that is different

18 from those that would be applicable had the

19 Corridor not been established.

20 (C) ENVIRONMENTAL QUALITY STAND21 ARDS.—Nothing in this section shall be consid22 ered to impose the application or administration

23 of any Federal or State environmental quality

24 standard that is different from those that will
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1 be applicable had the Corridor not been estab2 lished.

3 (D) WATER STANDARDS.—Nothing in this

4 section shall be considered to impose any Fed5 eral or State water use designation or water

6 quality standard upon uses of, or discharges to,

7 waters of the State or waters of the United

8 States, within or adjacent to the Corridor, that

9 is more restrictive than those that would be ap10 plicable had the Corridor not been established.

11 (E) PERMITTING OF FACILITIES.—Nothing

12 in the establishment of the Corridor shall

13 abridge, restrict, or alter any applicable rule,

14 regulation, standard, or review procedure for

15 permitting of facilities within or adjacent to the

16 Corridor.

17 (F) WATER FACILITIES.—Nothing in the

18 establishment of the Corridor shall affect the

19 continuing use and operation, repair, rehabilita20 tion, expansion, or new construction of water

21 supply facilities, water and wastewater treat22 ment facilities, stormwater facilities, public util23 ities, and common carriers.

24 (G) WATER AND WATER RIGHTS.—Noth25 ing in the establishment of the Corridor shall be
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1 considered to authorize or imply the reservation

2 or appropriation of water or water rights for

3 any purpose.

4 (2) RESTRICTIONS ON COMMISSION AND SEC5 RETARY.—Nothing in this section shall be construed

6 to vest in the Commission or the Secretary the au7 thority to—

8 (A) require a Federal agency, State agen9 cy, political subdivision of the State, or private

10 person (including an owner of private property)

11 to participate in a project or program carried

12 out by the Commission or the Secretary under

13 the title;

14 (B) intervene as a party in an administra15 tive or judicial proceeding concerning the appli16 cation or enforcement of a regulatory authority

17 of a Federal agency, State agency, or political

18 subdivision of the State, including, but not lim19 ited to, authority relating to land use regula20 tion; environmental quality; licensing; permit21 ting; easements; private land development; or

22 other occupational or access issue;

23 (C) establish or modify a regulatory au24 thority of a Federal agency, State agency, or
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1 political subdivision of the State, including au2 thority relating to—

3 (i) land use regulation;

4 (ii) environmental quality; or

5 (iii) pipeline or utility crossings;

6 (D) modify a policy of a Federal agency,

7 State agency, or political subdivision of the

8 State;

9 (E) attest in any manner the authority and

10 jurisdiction of the State with respect to the ac11 quisition of lands or water, or interest in lands

12 or water;

13 (F) vest authority to reserve or appro14 priate water or water rights in any entity for

15 any purpose;

16 (G) deny, condition, or restrict the con17 struction, repair, rehabilitation, or expansion of

18 water facilities, including stormwater, water,

19 and wastewater treatment facilities; or

20 (H) deny, condition, or restrict the exercise

21 of water rights in accordance with the sub22 stantive and procedural requirements of the

23 laws of the State.

24 (3) SAVINGS PROVISION.—Nothing in this sec25 tion shall diminish, enlarge, or modify a right of a
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1 Federal agency, State agency, or political subdivision

2 of the State—

3 (A) to exercise civil and criminal jurisdic4 tion within the Corridor; or

5 (B) to tax persons, corporations, fran6 chises, or property, including minerals and

7 other interests in or on lands or waters within

8 the urban river corridor portions of the Cor9 ridor.

10 (4) ACCESS TO PRIVATE PROPERTY.—Nothing

11 in this section requires an owner of private property

12 to allow access to the property by the public.

13 (o) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be

15 appropriated not to exceed $50,000 to the Commis16 sion to carry out this section.

17 (2) MATCHING FUNDS.—Funds may be made

18 available pursuant to this subsection only to the ex19 tent they are matched by equivalent funds or in-kind

20 contributions of services or materials from non-Fed21 eral sources.

22 SEC. 402. RIO PUERCO WATERSHED.

23 (a) MANAGEMENT PROGRAM.—
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1 (1) IN GENERAL.—The Secretary of the Inte2 rior, acting through the Director of the Bureau of

3 Land Management shall—

4 (A) in consultation with the Rio Puerco

5 Management Committee established by sub6 section (b)—

7 (i) establish a clearinghouse for re8 search and information on management

9 within the area identified as the Rio

10 Puerco Drainage Basin, as depicted on the

11 map entitled ‘‘the Rio Puerco Watershed’’

12 dated June 1994, including—

13 (I) current and historical natural

14 resource conditions; and

15 (II) data concerning the extent

16 and causes of watershed impairment;

17 and

18 (ii) establish an inventory of best

19 management practices and related mon20 itoring activities that have been or may be

21 implemented within the area identified as

22 the Rio Puerco Watershed Project, as de23 picted on the map entitled ‘‘the Rio Puerco

24 Watershed’’ dated June 1994; and
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1 (B) provide support to the Rio Puerco

2 Management Committee to identify objectives,

3 monitor results of ongoing projects, and develop

4 alternative watershed management plans for the

5 Rio Puerco Drainage Basin, based on best man6 agement practices.

7 (2) RIO PUERCO MANAGEMENT REPORT.—

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

9 after the date of enactment of this Act, the Sec10 retary of the Interior, in consultation with the

11 Rio Puerco Management Committee, shall pre12 pare a report for the improvement of watershed

13 conditions in the Rio Puerco Drainage Basin

14 described in paragraph (1)(A).

15 (B) CONTENTS.—The report under sub16 paragraph (A) shall—

17 (i) identify reasonable and appropriate

18 goals and objectives for landowners and

19 managers in the Rio Puerco watershed;

20 (ii) describe potential alternative ac21 tions to meet the goals and objectives, in22 cluding proven best management practices

23 and costs associated with implementing the

24 actions;
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1 (iii) recommend voluntary implemen2 tation of appropriate best management

3 practices on public and private lands;

4 (iv) provide for cooperative develop5 ment of management guidelines for main6 taining and improving the ecological, cul7 tural, and economic conditions on public

8 and private lands;

9 (v) provide for the development of

10 public participation and community out11 reach programs that would include propos12 als for—

13 (I) cooperative efforts with pri14 vate landowners to encourage imple15 mentation of best management prac16 tices within the watershed; and

17 (II) Involvement of private citi18 zens in restoring the watershed;

19 (vi) provide for the development of

20 proposals for voluntary cooperative pro21 grams among the members of the Rio

22 Puerco Management Committee to imple23 ment best management practices in a co24 ordinated, consistent, and cost-effective

25 manner;
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1 (vii) provide for the encouragement of,

2 and support implementation of, best man3 agement practices on private lands; and

4 (viii) provide for the development of

5 proposals for a monitoring system that—

6 (I) builds on existing data avail7 able from private, Federal, and State

8 sources;

9 (II) provides for the coordinated

10 collection, evaluation, and interpreta11 tion of additional data as needed or

12 collected; and

13 (III) will provide information to

14 assess existing resource and socio15 economic conditions; identify priority

16 implementation actions; and assess

17 the effectiveness of actions taken.

18 (b) RIO PUERCO MANAGEMENT COMMITTEE.—

19 (1) ESTABLISHMENT.—There is established the

20 Rio Puerco Management Committee (referred to in

21 this section as the ‘‘Committee’’).

22 (2) MEMBERSHIP.—The Committee shall be

23 convened by a representative of the Bureau of Land

24 Management and shall include representatives

25 from—
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1 (A) the Rio Puerco Watershed Committee;

2 (B) affected tribes and pueblos;

3 (C) the National Forest Service of the De4 partment of Agriculture;

5 (D) the Bureau of Reclamation;

6 (E) the United States Geological Survey;

7 (F) the Bureau of Indian Affairs;

8 (G) the United States Fish and Wildlife

9 Service;

10 (H) the Army Corps of Engineers;

11 (I) the Natural Resources Conservation

12 Service of the Department of Agriculture;

13 (J) the State of New Mexico, including the

14 New Mexico Environment Department of the

15 State Engineer;

16 (K) affected local soil and water conserva17 tion districts;

18 (L) the Elephant Butte Irrigation District;

19 (M) private landowners; and

20 (N) other interested citizens.

21 (3) DUTIES.—The Rio Puerco Management

22 Committee shall—

23 (A) advise the Secretary of the Interior,

24 acting through the Director of the Bureau of

25 Land Management, on the development and im-
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1 plementation of the Rio Puerco Management

2 Program described in subsection (a); and

3 (B) serve as a forum for information about

4 activities that may affect or further the develop5 ment and implementation of the best manage6 ment practices described in subsection (a)

7 (4) TERMINATION.—The Committee shall ter8 minate on the date that is 10 years after the date

9 of enactment of this Act.

10 (c) REPORT.—Not later than the date that is 2 years

11 after the date of enactment of this Act, and biennially

12 thereafter, the Secretary of the Interior, in consultation

13 with the Rio Puerco Management Committee, shall trans14 mit to the Committee on Energy and Natural Resources

15 of the Senate and to the Committee on Resources of the

16 House of Representatives a report containing—

17 (1) a summary of activities of the management

18 program under subsection (a); and

19 (2) proposals for joint implementation efforts,

20 including funding recommendations.

21 (d) LOWER RIO GRANDE HABITAT STUDY.—

22 (1) IN GENERAL.—The Secretary of the Inte23 rior, in cooperation with appropriate State agencies,

24 shall conduct a study of the Rio Grande that—
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1 (A) shall cover the distance from Caballo

2 Lake to Sunland Park, New Mexico; and

3 (B) may cover a greater distance.

4 (2) CONTENTS.—The study under paragraph

5 (1) shall include—

6 (A) a survey of the current habitat condi7 tions of the river and its riparian environment;

8 (B) identification of the changes in vegeta9 tion and habitat over the past 400 years and

10 the effect of the changes on the river and ripar11 ian area; and

12 (C) an assessment of the feasibility, bene13 fits, and problems associated with activities to

14 prevent further habitat loss and to restore habi15 tat through reintroduction or establishment of

16 appropriate native plant species.

17 (3) TRANSMITTAL.—Not later than 3 years

18 after the date on which funds are made available to

19 carry out this section, the Secretary of the Interior

20 shall transmit the study under paragraph (1) to the

21 Committee on Energy and Natural Resources of the

22 Senate and to the Committee on Resources of the

23 House of Representatives.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section a
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1 total of $7,500,000 for the 10 fiscal years beginning after

2 the date of enactment of this Act.

3 SEC. 403. OLD SPANISH TRAIL.

4 Section 5(c) of the National Trails System Act (16

5 U.S.C. 1244(c)) is amended by adding at the end the fol6 lowing new paragraph:

7 ‘‘( ) The Old Spanish Trail, beginning in Santa Fe,

8 New Mexico, proceeding through Colorado and Utah, and

9 ending in Los Angeles, California, and the Northern

10 Branch of the Old Spanish Trail, beginning near

11 Espanola, New Mexico, proceeding through Colorado, and

12 ending near Crescent Junction, Utah.’’.

13 SEC. 404. GREAT WESTERN SCENIC TRAIL.

14 Section 5(c) of the National Trails System Act (16

15 U.S.C. 1244(c)) is amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘( ) The Great Western Scenic Trail, a system of

18 trails to accommodate a variety of travel users in a cor19 ridor of approximately 3,100 miles in length extending

20 from the Arizona-Mexico border to the Idaho-Montana21 Canada border, following the approximate route depicted

22 on the map identified as ‘Great Western Trail Corridor,

23 1988’, which shall be on file and available for public in24 spection in the Office of the Chief of the Forest Service,

25 United States Department of Agriculture. The trail study
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1 shall be conducted by the Secretary of Agriculture, in con2 sultation with the Secretary of the Interior, in accordance

3 with subsection (b) and shall include—

4 ‘‘(A) the current status of land ownership and

5 current and potential use along the designated route;

6 ‘‘(B) the estimated cost of acquisition of lands

7 or interests in lands, if any; and

8 ‘‘(C) an examination of the appropriateness of

9 motorized trial use along the trail.’’.

10 SEC. 405. RS 2477.

11 No final rule or regulation of any agency of the Fed12 eral Government pertaining to the recognition, manage13 ment, or validity of a right-of-way pursuant to Revised

14 Statute 2477 (43 U.S.C. 932) shall take effect unless ex15 pressly authorized by an Act of Congress subsequent to

16 the date of enactment of this Act.

17 SEC. 406. HANFORD REACH PRESERVATION.

18 Section 2 of Public Law 100–605 is amended as fol19 lows:

20 (1) By striking ‘‘INTERIM’’ in the section

21 heading.

22 (2) By striking ‘‘For a period of eight years

23 after’’ and inserting ‘‘After’’ in subsection (a).
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1 (3) By striking in subsection (b) ‘‘During the

2 eight year interim protection period, provided by this

3 section, all’’ and inserting ‘‘All’’.

4 SEC. 407. LAMPREY WILD AND SCENIC RIVER.

5 (a) DESIGNATION.—Section 3(a) of the Wild and

6 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add7 ing the following new paragraph at the end thereof:

8 ‘‘(157) LAMPREY RIVER, NEW HAMPSHIRE.—The

9 11.5-mile segment extending from the southern Lee town

10 line to the confluence with the Piscassic River in the vicin11 ity of the Durham-Newmarket town line (hereinafter in

12 this paragraph referred to as the ‘segment’) as a rec13 reational river. The segment shall be administered by the

14 Secretary of the Interior through cooperative agreements

15 between the Secretary and the State of New Hampshire

16 and its relevant political subdivisions, namely the towns

17 of Durham, Lee, and Newmarket, pursuant to section

18 10(e) of this Act. The segment shall be managed in ac19 cordance with the Lamprey River Management Plan dated

20 January 10, 1995, and such amendments thereto as the

21 Secretary of the Interior determines are consistent with

22 this Act. Such plan shall be deemed to satisfy the require23 ments for a comprehensive management plan pursuant to

24 section 3(d) of this Act.’’.

25 (b) MANAGEMENT.—
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1 (1) COMMITTEE.—The Secretary of the Interior

2 shall coordinate his management responsibilities

3 under this Act with respect to the segment des4 ignated by subsection (a) with the Lamprey River

5 Advisory Committee established pursuant to New

6 Hampshire RSA 483.

7 (2) LAND MANAGEMENT.—The zoning ordi8 nances duly adopted by the towns of Durham, Lee,

9 and Newmarket, New Hampshire, including provi10 sions for conservation of shorelands, floodplains, and

11 wetlands associated with the segment, shall be

12 deemed to satisfy the standards and requirements of

13 section 6(c) of the Wild and Scenic Rivers Act, and

14 the provisions of that section, which prohibit Federal

15 acquisition of lands by condemnation, shall apply to

16 the segment designated by subsection (a). The au17 thority of the Secretary to acquire lands for the pur18 poses of this paragraph shall be limited to acquisi19 tion by donation or acquisition with the consent of

20 the owner thereof, and shall be subject to the addi21 tional criteria set forth in the Lamprey River Man22 agement Plan.

23 (c) UPSTREAM SEGMENT.—Upon request by the

24 town of Epping, which abuts an additional 12 miles of

25 river found eligible for designation as a recreational river,
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1 the Secretary of the Interior shall offer assistance regard2 ing continued involvement of the town of Epping in the

3 implementation of the Lamprey River Management Plan

4 and in consideration of potential future addition of that

5 portion of the river within Epping as a component of the

6 Wild and Scenic Rivers System.

7 SEC. 408. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS

8 OF 1996.

9 (a) AMENDMENTS PERTAINING TO THE NEW RIVER

10 GORGE NATIONAL RIVER.—

11 (1) BOUNDARIES.—Section 1101 of the Na12 tional Parks and Recreation Act of 1978 (16 U.S.C.

13 460m–15) is amended by striking out ‘‘NERI–

14 80,023, dated January 1987’’ and inserting

15 ‘‘NERI–80,028A, dated March 1996’’.

16 (2) FISH AND WILDLIFE MANAGEMENT.—Sec17 tion 1106 of the National Parks and Recreation Act

18 of 1978 (16 U.S.C. 460m–20) is amended by adding

19 the following at the end thereof: ‘‘The Secretary

20 shall permit the State of West Virginia to undertake

21 fish stocking activities carried out by the State, in

22 consultation with the Secretary, on waters within the

23 boundaries of the national river. Nothing in this Act

24 shall be construed as affecting the jurisdiction of the
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1 State of West Virginia with respect to fish and wild2 life.’’.

3 (3) CONFORMING AMENDMENTS.—Title XI of

4 the National Parks and Recreation Act of 1978 (16

5 U.S.C. 460m–15 and following) is amended by add6 ing the following new section at the end thereof:

7 ‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

8 ‘‘(a) COOPERATIVE AGREEMENTS.—The provisions

9 of section 202(e)(1) of the West Virginia National Interest

10 River Conservation Act of 1987 (16 U.S.C. 460ww–

11 1(e)(1)) shall apply to the New River Gorge National

12 River in the same manner and to the same extent as such

13 provisions apply to the Gauley River National Recreation

14 Area.

15 ‘‘(b) REMNANT LANDS.—The provisions of the sec16 ond sentence of section 203(a) of the West Virginia Na17 tional Interest River Conservation Act of 1987 (16 U.S.C.

18 460ww–2(a)) shall apply to tracts of land partially within

19 the boundaries of the New River Gorge National River in

20 the same manner and to the same extent as such provi21 sions apply to tracts of land only partially within the

22 Gauley River National Recreation Area.’’.

23 (b) VISITOR CENTER.—The Secretary of the Interior

24 is authorized to construct a visitor center and such other

25 related facilities as may be deemed necessary to facilitate
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1 visitor understanding and enjoyment of the New River

2 Gorge National River and the Gauley River National

3 Recreation Area in the vicinity of the confluence of the

4 New and Gauley Rivers. Such center and related facilities

5 are authorized to be constructed at a site outside of the

6 boundary of the New River Gorge National River or

7 Gauley River National Recreation Area unless a suitable

8 site is available within the boundaries of either unit.

9 (c) AMENDMENTS PERTAINING TO THE GAULEY

10 RIVER NATIONAL RECREATION AREA.—

11 (1) TECHNICAL AMENDMENT.—Section 205(c)

12 of the West Virginia National Interest River Con13 servation Act of 1987 (16 U.S.C. 460ww–4(c)) is

14 amended by adding the following at the end thereof:

15 ‘‘If project construction is not commenced within the

16 time required in such license, or if such license is

17 surrendered at any time, such boundary modification

18 shall cease to have any force and effect.’’.

19 (2) GAULEY ACCESS.—Section 202(e) of the

20 West Virginia National Interest River Conservation

21 Act of 1987 (16 U.S.C. 460ww–1(e)) is amended by

22 adding the following new paragraph at the end

23 thereof:

24 ‘‘(4) ACCESS TO RIVER.—(A) In order to facili25 tate public safety, use, and enjoyment of the recre-
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1 ation area, and to protect, to the maximum extent

2 feasible, the scenic and natural resources of the

3 area, the Secretary is authorized and directed to ac4 quire such lands or interests in lands and to take

5 such actions as are necessary to provide access by

6 noncommercial entities on the north side of the

7 Gauley River at the area known as Woods Ferry uti8 lizing existing roads and rights-of-way. Such actions

9 by the Secretary shall include the construction of

10 parking and related facilities in the vicinity of

11 Woods Ferry for noncommercial use on lands ac12 quired pursuant to paragraph (3) or on lands ac13 quired with the consent of the owner thereof within

14 the boundaries of the recreation area.

15 ‘‘(B) If necessary, in the discretion of the Sec16 retary, in order to minimize environmental impacts,

17 including visual impacts, within portions of the

18 recreation area immediately adjacent to the river,

19 the Secretary may, by contract or otherwise, provide

20 transportation services for noncommercial visitors,

21 at reasonable cost, between such parking facilities

22 and the river.

23 ‘‘(C) Nothing in subparagraph (A) shall affect

24 the rights of any person to continue to utilize, pur25 suant to a lease in effect on April 1, 1993, any right
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1 of way acquired pursuant to such lease which au2 thorizes such person to use an existing road referred

3 to in subparagraph (A). Except as provided under

4 paragraph (2) relating to access immediately down5 stream of the Summersville project, until there is

6 compliance with this paragraph the Secretary is pro7 hibited from acquiring or developing any other river

8 access points within the recreation area.’’.

9 (d) AMENDMENTS PERTAINING TO THE BLUESTONE

10 NATIONAL SCENIC RIVER.—

11 (1) BOUNDARIES.—Section 3(a)(65) of the

12 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))

13 is amended by striking out ‘‘WSR–BLU/20,000, and

14 dated January 1987’’ and inserting ‘‘BLUE–80,005,

15 dated May 1996’’.

16 (2) PUBLIC ACCESS.—Section 3(a)(65) of the

17 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))

18 is amended by adding the following at the end there19 of: ‘‘In order to provide reasonable public access and

20 vehicle parking for public use and enjoyment of the

21 river designated by this paragraph, consistent with

22 the preservation and enhancement of the natural

23 and scenic values of such river, the Secretary may,

24 with the consent of the owner thereof, negotiate a

25 memorandum of understanding or cooperative agree-
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1 ment, or acquire not more than 10 acres of lands or

2 interests in such lands, or both, as may be necessary

3 to allow public access to the Bluestone River and to

4 provide, outside the boundary of the scenic river,

5 parking and related facilities in the vicinity of the

6 area known as Eads Mill.’’.

7 SEC. 409. TECHNICAL AMENDMENT TO THE WILD AND

8 SCENIC RIVERS ACT.

9 (a) NUMBERING OF PARAGRAPHS.—The unnumbered

10 paragraphs in section 3(a) of the Wild and Scenic Rivers

11 Act (16 U.S.C. 1274(a)), relating to each of the following

12 river segments, are each amended by numbering such

13 paragraphs as follows:

Paragraph

River: Number

East Fork of Jemez, New Mexico ...................................................... (109)

Pecos River, New Mexico ................................................................... (110)

Smith River, California ...................................................................... (111)

Middle Fork Smith River, California ................................................. (112)

North Fork Smith River, California .................................................. (113)

Siskiyou Fork Smith River, California .............................................. (114)

South Fork Smith River, California .................................................. (115)

Clarks Fork, Wyoming ....................................................................... (116)

Niobrara, Nebraska ........................................................................... (117)

Missouri River, Nebraska and South Dakota .................................... (118)

Bear Creek, Michigan ........................................................................ (119)

Black, Michigan ................................................................................. (120)

Carp, Michigan .................................................................................. (121)

Indian, Michigan ................................................................................ (122)

Manistee, Michigan ............................................................................ (123)

Ontonagon, Michigan ......................................................................... (124)

Paint, Michigan .................................................................................. (125)

Pine, Michigan ................................................................................... (126)

Presque Isle, Michigan ....................................................................... (127)

Sturgeon, Hiawatha National Forest, Michigan ................................ (128)

Sturgeon, Ottawa National Forest, Michigan ................................... (129)

East Branch of the Tahquamenon, Michigan .................................... (130)

Whitefish, Michigan ........................................................................... (131)

Yellow Dog, Michigan ........................................................................ (132)

Allegheny, Pennsylvania ..................................................................... (133)

Big Piney Creek, Arkansas ................................................................ (134)
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Buffalo River, Arkansas .................................................................... (135)

Cossatot River, Arkansas ................................................................... (136)

Hurricane Creek, Arkansas ............................................................... (137)

Little Missouri River, Arkansas ......................................................... (138)

Mulberry River, Arkansas .................................................................. (139)

North Sylamore Creek, Arkansas ...................................................... (140)

Richland Creek, Arkansas .................................................................. (141)

Sespe Creek, California ...................................................................... (142)

Sisquoc River, California ................................................................... (143)

Big Sur River, California ................................................................... (144)

Great Egg Harbor River, New Jersey ............................................... (145)

The Maurice River, Middle Segment ................................................. (146)

The Maurice River, Middle Segment ................................................. (147)

The Maurice River, Upper Segment .................................................. (148)

The Menantico Creek, Lower Segment .............................................. (149)

The Menantico Creek, Upper Segment .............................................. (150)

Manumuskin River, Lower Segment .................................................. (151)

Manumuskin River, Upper Segment .................................................. (152)

Muskee Creek, New Jersey ................................................................ (153)

Red River, Kentucky .......................................................................... (154)

Rio Grande, New Mexico ................................................................... (155)

Farmington River, Connecticut ......................................................... (156)

1 (b) STUDY RIVERS.—Section 5(a) of such Act is

2 amended as follows:

3 (1) Paragraph (106), relating to St. Mary’s,

4 Florida, is renumbered as paragraph (108).

5 (2) Paragraph (112), relating to White Clay

6 Creek, Delaware and Pennsylvania, is renumbered

7 as paragraph (113).

8 (3) The unnumbered paragraphs, relating to

9 each of the following rivers, are amended by num10 bering such paragraphs as follows:

Paragraph

River: Number

Mills River, North Carolina ....................................................... (109)

Sudbury, Assabet, and Concord, Massachusetts ........................ (110)

Niobrara, Nebraska .................................................................... (111)

Lamprey, New Hampshire ......................................................... (112)

Brule, Michigan and Wisconsin ................................................. (114)

Carp, Michigan ........................................................................... (115)

Little Manistee, Michigan .......................................................... (116)

White, Michigan ......................................................................... (117)

Ontonagon, Michigan ................................................................. (118)
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Paint, Michigan .......................................................................... (119)

Presque Isle, Michigan ............................................................... (120)

Sturgeon, Ottawa National Forest, Michigan ............................ (121)

Sturgeon, Hiawatha National Forest, Michigan ........................ (122)

Tahquamenon, Michigan ............................................................ (123)

Whitefish, Michigan ................................................................... (124)

Clarion, Pennsylvania ................................................................. (125)

Mill Creek, Jefferson and Clarion Counties, Pennsylvania ........ (126)

Piru Creek, California ................................................................ (127)

Little Sur River, California ........................................................ (128)

Matilija Creek, California ........................................................... (129)

Lopez Creek, California ............................................................. (130)

Sespe Creek, California .............................................................. (131)

North Fork Merced, California .................................................. (132)

Delaware River, Pennsylvania and New Jersey ......................... (133)

New River, West Virginia and Virginia ..................................... (134)

Rio Grande, New Mexico ............................................................ (135)

1 SEC. 410. PROTECTION OF NORTH ST. VRAIN CREEK, COLO2 RADO.

3 (a) NORTH ST. VRAIN CREEK AND ADJACENT

4 LANDS.—The Act of January 26, 1915, establishing

5 Rocky Mountain National Park (38 Stat. 798; 16 U.S.C.

6 191 and following), is amended by adding the following

7 new section at the end thereof:

8 ‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

9 ‘‘Neither the Secretary of the Interior nor any other

10 Federal agency or officer may approve or issue any permit

11 for, or provide any assistance for, the construction of any

12 new dam, reservoir, or impoundment on any segment of

13 North St. Vrain Creek or its tributaries within the bound14 aries of Rocky Mountain National Park or on the main

15 stem of North St. Vrain Creek downstream to the point

16 at which the creek crosses the elevation 6,550 feet above

17 mean sea level. Nothing in this section shall be construed
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1 to prevent the issuance of any permit for the construction

2 of a new water gaging station on North St. Vrain Creek

3 at the point of its confluence with Coulson Gulch.’’.

4 (b) ENCOURAGEMENT OF EXCHANGES.—

5 (1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL

6 PARK.—Promptly following enactment of this Act,

7 the Secretary of the Interior shall seek to acquire by

8 donation or exchange those lands within the bound9 aries of Rocky Mountain National Park owned by

10 the city of Longmont, Colorado, that are referred to

11 in section 111(d) of the Act commonly referred to as

12 the ‘‘Colorado Wilderness Act of 1980’’ (Public Law

13 96–560; 94 Stat. 3272; 16 U.S.C. 192b–9(d)).

14 (2) OTHER LANDS.—The Secretary of Agri15 culture shall immediately and actively pursue nego16 tiations with the city of Longmont, Colorado, con17 cerning the city’s proposed exchange of lands owned

18 by the city and located in and near Coulson Gulch

19 for other lands owned by the United States. The

20 Secretary shall report to Congress 2 calendar years

21 after the date of enactment of this Act, and every

22 2 years thereafter on the progress of such negotia23 tions until negotiations are complete.
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1 TITLE V—HISTORIC AREAS AND

2 CIVIL RIGHTS

3 SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HIS4 TORIC TRAIL.

5 Section 5(a) of the National Trails System Act (16

6 U.S.C. 1244(a)) is amended by adding at the end thereof

7 the following new paragraph:

8 ‘‘( ) The Selma to Montgomery National Historic

9 Trail, consisting of 54 miles of city streets and United

10 States Highway 80 from Brown Chapel A.M.E. Church

11 in Selma to the State Capitol Building in Montgomery,

12 Alabama, traveled by voting rights advocates during

13 March 1965 to dramatize the need for voting rights legis14 lation, as generally described in the report of the Secretary

15 of the Interior prepared pursuant to subsection (b) of this

16 section entitled ‘‘Selma to Montgomery’’ and dated April

17 1993. Maps depicting the route shall be on file and avail18 able for public inspection in the Office of the National

19 Park Service, Department of the Interior. The trail shall

20 be administered in accordance with this Act, including sec21 tion 7(h). The Secretary of the Interior, acting through

22 the National Park Service, which shall be the lead Federal

23 agency, shall cooperate with other Federal, State and local

24 authorities to preserve historic sites along the route, in-
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1 cluding (but not limited to) the Edmund Pettus Bridge

2 and the Brown Chapel A.M.E. Church.’’.

3 SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.

4 (a) ESTABLISHMENT.—There is established the Van5 couver National Historic Reserve in the State of Washing6 ton (referred to in this section as the ‘‘Reserve’’), consist7 ing of the area described in the report entitled ‘‘Vancouver

8 National Historic Reserve Feasibility Study and Environ9 mental Assessment’’ published by the Vancouver Histori10 cal Study Commission and dated April 1993 as authorized

11 by Public Law 101–523 (referred to in this section as the

12 ‘‘Vancouver Historic Reserve Report’’).

13 (b) ADMINISTRATION.—(1) The Reserve shall be ad14 ministered through a general management plan developed

15 in accordance with this section, and approved by the Sec16 retary of the Interior and the Secretary of the Army.

17 (2) Not later than three years after the date of enact18 ment of this Act, the National Park Service shall submit

19 to the Secretaries a general management plan for the ad20 ministration of the Reserve.

21 (3) The general management plan shall be developed

22 by a Partnership comprised of a representative from the

23 National Park Service, a representative of the Historic

24 Preservation Office of the State of Washington, a rep-
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1 resentative of the Department of the Army, and a rep2 resentative of the City of Vancouver, Washington.

3 (4) The general management plan shall be developed

4 in accordance with the specific findings and recommenda5 tions of the Vancouver Historic Reserve Report, along

6 with any other considerations not otherwise in conflict

7 with the Report, and shall include at a minimum a state8 ment of purpose, an interpretive plan, and a economic plan

9 for Pearson Field.

10 (5) The Reserve shall not be deemed to be a new unit

11 of the National Park System.

12 (c) NO LIMITATION ON FAA AUTHORITY.—The es13 tablishment of the Reserve shall not limit—

14 (1) the authority of the Federal Aviation Ad15 ministration over air traffic control, or aviation ac16 tivities at Pearson Airpark; or

17 (2) limit operations and airspace in the vicinity

18 of Portland International Airport.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated $400,000 per year for

21 operational costs for each fiscal year following enactment

22 of this Act and $5,000,000 for development costs.
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1 SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVISORY

2 COMMISSION.

3 (a) KALOKO-HONOKOHAU NATIONAL HISTORICAL

4 PARK.—Notwithstanding section 505(f)(7) of Public Law

5 95–625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O

6 Kaloko-Honokohau, the Advisory Commission for Kaloko7 Honokohau National Historical Park, is hereby re-estab8 lished in accordance with section 505(f), as amended by

9 paragraph (2) of this subsection.

10 (b) CONFORMING AMENDMENT.—Section 505(f)(7)

11 of Public Law 95–625 (16 U.S.C. 396d(7)), is amended

12 by striking ‘‘this Act’’ and inserting in lieu thereof, ‘‘the

13 Na Hoa Pili Kaloko-Honokohau Re-establishment Act of

14 1996’’.

15 SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC

16 PARK ACT.

17 Section 3(b) of the Boston National Historical Park

18 Act of 1974 (16 U.S.C. 410z–1(b)) is amended by insert19 ing ‘‘(1)’’ before the first sentence thereof and by adding

20 the following at the end thereof:

21 ‘‘(2) The Secretary of the Interior is authorized to

22 enter into a cooperative agreement with the Boston Public

23 Library to provide for the distribution of informational

24 and interpretive materials relating to the park and to the

25 Freedom Trail.’’.
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1 SEC. 505. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.

2 (a) INCLUSION OF OTHER PROPERTIES.—Section

3 1601(c) of Public Law 96–607 (16 U.S.C. 410ll) is

4 amended to read as follows:

5 ‘‘(c) ESTABLISHMENT.—To carry out the purposes of

6 this section there is hereby established the Women’s

7 Rights National Historical Park (hereinafter in this sec8 tion referred to as the ‘‘park’’). The park shall consist of

9 the following designated sites in Seneca Falls and Water10 loo, New York:

11 ‘‘(1) Stanton House, 32 Washington Street,

12 Seneca Falls;

13 ‘‘(2) dwelling, 30 Washington Street, Seneca

14 Falls;

15 ‘‘(3) dwelling, 34 Washington Street, Seneca

16 Falls;

17 ‘‘(4) lot, 26–28 Washington Street, Seneca

18 Falls;

19 ‘‘(5) former Wesleyan Chapel, 126 Fall Street,

20 Seneca Falls;

21 ‘‘(6) theater, 128 Fall Street, Seneca Falls;

22 ‘‘(7) McClintock House, 16 East Williams

23 Street, Waterloo;

24 ‘‘(8) Hunt House, 401 East Williams Street,

25 Waterloo;
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1 ‘‘(9) not to exceed 1 acre, plus improvements,

2 as determined by the Secretary, in Seneca Falls for

3 development of a maintenance facility;

4 ‘‘(10) dwelling, 1 Seneca Street, Seneca Falls;

5 ‘‘(11) dwelling, 10 Seneca Street, Seneca Falls;

6 ‘‘(12) parcels adjacent to Wesleyan Chapel

7 Block, including Clinton Street, Fall Street, and

8 Mynderse Street, Seneca Falls; and

9 ‘‘(13) dwelling, 12 East Williams Street, Water10 loo.’’.

11 (b) MISCELLANEOUS AMENDMENTS.—Section 1601

12 of Public Law 96–607 (16 U.S.C. 410ll) is amended by

13 redesignating subsection (i) as ‘‘(i)(1)’’ and inserting at

14 the end thereof the following new paragraph:

15 ‘‘(2) In addition to those sums appropriated prior to

16 the date of enactment of this paragraph for land acquisi17 tion and development, there is hereby authorized to be ap18 propriated an additional $2,000,000.’’.

19 SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.

20 The legislative authority for the Black Revolutionary

21 War Patriots Foundation to establish a commemorative

22 work (as defined by the Commemorative Works Act (40

23 U.S.C. 1001 et seq.)) shall expire October 27, 1998, not24 withstanding the time period limitation specified in section

25 10(b) of that Act (40 U.S.C. 1010(b)).
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1 SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVER2 SITIES HISTORIC BUILDING RESTORATION

3 AND PRESERVATION.

4 (a) AUTHORITY TO MAKE GRANTS.—From the

5 amounts made available to carry out the National Historic

6 Preservation Act, the Secretary of the Interior shall make

7 grants in accordance with this section to eligible histori8 cally black colleges and universities for the preservation

9 and restoration of historic buildings and structures on the

10 campus of these institutions.

11 (b) GRANT CONDITIONS.—Grants made under sub12 section (a) shall be subject to the condition that the grant13 ee covenants, for the period of time specified by the Sec14 retary, that—

15 (1) no alteration will be made in the property

16 with respect to which the grant is made without the

17 concurrence of the Secretary; and

18 (2) reasonable public access to the property

19 with respect to which the grant is made will be per20 mitted by the grantee for interpretive and edu21 cational purposes.

22 (c) MATCHING REQUIREMENT FOR BUILDINGS AND

23 STRUCTURES LISTED ON THE NATIONAL REGISTER OF

24 HISTORIC PLACES.—(1) Except as provided by paragraph

25 (2), the Secretary may obligate funds made available

26 under this section for a grant with respect to a building
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1 or structure listed on, or eligible for listing on, the Na2 tional Register of Historic Places only if the grantee

3 agrees to match, from funds derived from non-Federal

4 sources, the amount of the grant with an amount that is

5 equal or greater than the grant.

6 (2) The Secretary may waive paragraph (1) with re7 spect to a grant if the Secretary determines from cir8 cumstances that an extreme emergency exists or that such

9 a waiver is in the public interest to assure the preservation

10 of historically significant resources.

11 (d) FUNDING PROVISION.—Pursuant to section 108

12 of the National Historic Preservation Act, $29,000,000

13 shall be made available to carry out the purposes of this

14 section. Of amounts made available pursuant to this sec15 tion, $5,000,000 shall be available for grants to Fisk Uni16 versity, $2,500,000 shall be available for grants to Knox17 ville College, $2,000,000 shall be available for grants to

18 Miles College, Alabama, $1,500,000 shall be available for

19 grants to Talladega College, Alabama, $1,550,000 shall

20 be available for grants to Selma University, Alabama,

21 $250,000 shall be available for grants to Stillman College,

22 Alabama, $200,000 shall be available for grants to

23 Concordia College, Alabama, $2,900,000 shall be available

24 for grants to Allen University, South Carolina, $1,000,000

25 shall be available for grants to Claflin College, South
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1 Carolina, $2,000,000 shall be available for grants to Voor2 hees College, South Carolina, $1,000,000 shall be avail3 able for grants to Rust College, Mississippi, and

4 $3,000,000 shall be available for grants to Tougaloo Col5 lege, Mississippi.

6 (e) REGULATIONS.—The Secretary shall develop such

7 guidelines as may be necessary to carry out this section.

8 (f) DEFINITIONS.—For the purposes of this section:

9 (1) HISTORICALLY BLACK COLLEGES.—The

10 term ‘‘historically black colleges and universities’’

11 has the same meaning given the term ‘‘part B insti12 tution’’ by section 322 of the Higher Education Act

13 of 1965 (20 U.S.C. 1061).

14 (2) HISTORIC BUILDING AND STRUCTURES.—

15 The term ‘‘historic building and structures’’ means

16 a building or structure listed on, or eligible for list17 ing on, the National Register of Historic Places or

18 designated a National Historic Landmark.

19 SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.

20 (a) IN GENERAL.—The Secretary of the Interior is

21 authorized to permit the Alpha Phi Alpha Fraternity to

22 establish a memorial on lands under the administrative ju23 risdiction of the Secretary in the District of Columbia or

24 its environs to honor Martin Luther King, Jr., pursuant

25 to the Commemorative Works Act of 1986.
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1 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO2 RATIVE WORKS.—The establishment of the memorial shall

3 be in accordance with the Act entitled ‘‘An Act to provide

4 standards for placement of commemorative works on cer5 tain Federal lands in the District of Columbia and its en6 virons, and for other purposes’’ approved November 14,

7 1986 (40 U.S.C. 1001, et seq.).

8 (c) PAYMENT OF EXPENSES.—The Alpha Phi Alpha

9 Fraternity shall be solely responsible for acceptance of

10 contributions for, and payment of the expenses of, the es11 tablishment of the memorial. No Federal funds may be

12 used to pay any expense of the establishment of the memo13 rial.

14 (d) DEPOSIT OF EXCESS FUNDS.—If, upon payment

15 of all expenses of the establishment of the memorial (in16 cluding the maintenance and preservation amount pro17 vided for in section 8(b) of the Act referred to in section

18 4401(b)), or upon expiration of the authority for the me19 morial under section 10(b) of that Act, there remains a

20 balance of funds received for the establishment of the me21 morial, the Alpha Phi Alpha Fraternity shall transmit the

22 amount of the balance to the Secretary of the Treasury

23 for deposit in the account provided for in section 8(b)(1)

24 of that Act.
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1 SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVA2 TION REAUTHORIZATION.

3 (a) REAUTHORIZATION.—The last sentence of section

4 212(a) of the National Historic Preservation Act (16

5 U.S.C. 470 and following) is amended to read as follows:

6 ‘‘There are authorized to be appropriated for the purposes

7 of this title not to exceed $4,000,000 in each fiscal year

8 1997 through 2000.’’.

9 (b) REPORTING REQUIREMENTS.—Within 18 months

10 after the date of enactment of this Act, the Advisory

11 Council on Historic Preservation shall submit a report to

12 the appropriate congressional committees containing an

13 analysis of alternatives for modifying the regulatory proc14 ess for addressing impacts of Federal actions on nationally

15 significant historic properties, as well as alternatives for

16 future promulgation and oversight of regulations for im17 plementation of section 106 of the National Historic Pres18 ervation Act.

19 (c) TECHNICAL AMENDMENTS.—Title II of the Na20 tional Historic Preservation Act (16 U.S.C. 470 and fol21 lowing) is amended as follows:

22 (1) By striking ‘‘appointed’’ in section

23 201(a)(4) and inserting ‘‘designated’’.

24 (2) By striking ‘‘and 10’’ in section 201(c) and

25 inserting ‘‘through (11)’’.
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1 (3) By adding the following new section after

2 section 214:

3 ‘‘SEC. 215. Subject to applicable conflict of interest

4 laws, the Council may receive reimbursements from State

5 and local agencies and others pursuant to agreements exe6 cuted in furtherance of the purposes of this Act.’’.

7 (4) By amending subsection (g) of section 205

8 to read as follows:

9 ‘‘(g) Any Federal agency may provide the Council,

10 with or without reimbursement as may be agreed upon by

11 the Chairman and the agency, with such funds, personnel,

12 facilities, and services under its jurisdiction and control

13 as may be needed by the Council to carry out its duties,

14 to the extent that such funds, personnel, facilities, and

15 services are requested by the Council and are otherwise

16 available for that purpose. Any funds provided to the

17 Council pursuant to this subsection must be expended by

18 the end of the fiscal year following the fiscal year in which

19 the funds are received by the Council. To the extent of

20 available appropriations, the Council may obtain by pur21 chase, rental, donation, or otherwise, such additional prop22 erty, facilities, and services as may be needed to carry out

23 its duties and may also receive donations of moneys for

24 such purpose, and the Executive Director is authorized,
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1 in his discretion, to accept, hold, use, expend, and admin2 ister the same for the purposes of this Act.’’.

3 SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.

4 (a) PURPOSES.—The purposes of this section are—

5 (1) to preserve and interpret, for the edu6 cational and inspirational benefit of the public, the

7 contribution to our national heritage of certain his8 toric and cultural lands and edifices of the Great

9 Falls Historic District, with emphasis on harnessing

10 this unique urban environment for its educational

11 and recreational value; and

12 (2) to enhance economic and cultural redevelop13 ment within the District.

14 (b) DEFINITIONS.—In this section:

15 (1) DISTRICT.—The term ‘‘District’’ means the

16 Great Falls Historic District established by sub17 section (c).

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

19 the Secretary of the Interior.

20 (3) HISTORIC INFRASTRUCTURE.—The term

21 ‘‘historic infrastructure’’ means the District’s his22 toric raceway system, all four stories of the original

23 Colt Gun Mill, including belltower, and any other

24 structure that the Secretary determines to be eligible

25 for the National Register of Historic Places.
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1 (c) GREAT FALLS HISTORIC DISTRICT.—

2 (1) ESTABLISHMENT.—There is established the

3 Great Falls Historic District in the city of Paterson,

4 in Passaic County, New Jersey.

5 (2) BOUNDARIES.—The boundaries of the Dis6 trict shall be the boundaries specified for the Great

7 Falls Historic District listed on the National Reg8 ister of Historic Places.

9 (d) DEVELOPMENT PLAN.—The Secretary may make

10 grants and enter into cooperative agreements with the

11 State of New Jersey, local governments, and private non12 profit entities under which the Secretary agrees to pay not

13 more than 50 percent of the costs of—

14 (1) preparation of a plan for the development of

15 historic, architectural, natural, cultural, and inter16 pretive resources within the District;

17 (2) implementation of projects approved by the

18 Secretary under the development plan; and

19 (3) a market analysis assessing the economic

20 development potential of the District and rec21 ommending steps to be taken to encourage economic

22 development and revitalization in a manner consist23 ent with the District’s historic character.

24 (e) RESTORATION, PRESERVATION, AND INTERPRE25 TATION OF PROPERTIES.—
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1 (1) COOPERATIVE AGREEMENTS.—The Sec2 retary may enter into cooperative agreements with

3 the State of New Jersey, local governments and non4 profit entities owning property within the District

5 under which the Secretary may—

6 (A) pay not more than 50 percent of the

7 cost of restoring, repairing, rehabilitating, and

8 improving historic infrastructure within the

9 District;

10 (B) provide technical assistance with re11 spect to the preservation and interpretation of

12 properties within the District; and

13 (C) mark and provide interpretation of

14 properties within the District.

15 (2) PROVISIONS.—A cooperative agreement

16 under paragraph (1) shall provide that—

17 (A) the Secretary shall have the right of

18 access at reasonable times to public portions of

19 the property for interpretive and other pur20 poses;

21 (B) no change or alteration may be made

22 in the property except with the agreement of

23 the property owner, the Secretary, and any

24 Federal agency that may have regulatory juris25 diction over the property; and
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1 (C) any construction grant made under

2 this section shall be subject to an agreement

3 that provides that conversion, use, or disposal

4 of the project so assisted for purposes contrary

5 to the purposes of this section shall result in a

6 right of the United States to compensation

7 from the beneficiary of the grant, and that pro8 vides for a schedule for such compensation

9 based on the level of Federal investment and

10 the anticipated useful life of the project.

11 (3) APPLICATIONS.—

12 (A) IN GENERAL.—A property owner that

13 desires to enter into a cooperative agreement

14 under paragraph (1) shall submit to the Sec15 retary an application describing how the project

16 proposed to be funded will further the purposes

17 of the District.

18 (B) CONSIDERATION.—In making such

19 funds available under this subsection, the Sec20 retary shall give consideration to projects that

21 provide a greater leverage of Federal funds.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated from the Historic Pres24 ervation Fund authorized under the National Historic
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1 Preservation Act to the Secretary to carry out this sec2 tion—

3 (1) $250,000 for grants and cooperative agree4 ments for the development plan under subsection

5 (d); and

6 (2) $50,000 for the provision of technical as7 sistance and $3,000,000 for the provision of other

8 assistance under cooperative agreements under sub9 section (e).

10 SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK

11 DISTRICT.

12 (a) FINDINGS AND PURPOSES.—

13 (1) FINDINGS.—The Congress finds that—

14 (A) the New Bedford National Historic

15 Landmark District and associated historic sites

16 as described in subsection (c)(2), including the

17 Schooner Ernestina, are National Historic

18 Landmarks and are listed on the National Reg19 ister of Historic Places as historic sites associ20 ated with the history of whaling in the United

21 States;

22 (B) the city of New Bedford was the 19th

23 century capital of the world’s whaling industry

24 and retains significant architectural features,
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1 archival materials, and museum collections il2 lustrative of this period;

3 (C) New Bedford’s historic resources pro4 vide unique opportunities for illustrating and

5 interpreting the whaling industry’s contribution

6 to the economic, social, and environmental his7 tory of the United States and provide opportu8 nities for public use and enjoyment; and

9 (D) during the nineteenth century, over

10 two thousand whaling voyages sailed out of

11 New Bedford to the Arctic region of Alaska,

12 and joined Alaska Natives from Barrow, Alaska

13 and other areas in the Arctic region in subsist14 ence whaling activities; and

15 (E) the National Park System presently

16 contains no sites commemorating whaling and

17 its contribution to American history.

18 (2) PURPOSES.—The purposes of this section

19 are—

20 (A) to help preserve, protect, and interpret

21 the resources within the areas described in sub22 section (c)(2), including architecture, setting,

23 and associated archival and museum collections;

24 (B) to collaborate with the city of New

25 Bedford and with associated historical, cultural,
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1 and preservation organizations to further the

2 purposes of the park established under this sec3 tion; and

4 (C) to provide opportunities for the inspi5 rational benefit and education of the American

6 people.

7 (b) DEFINITIONS.—For the purposes of this sec8 tion—

9 (1) the term ‘‘park’’ means the New Bedford

10 Whaling National Historical Park established by

11 subsection (c); and

12 (2) the term ‘‘Secretary’’ means the Secretary

13 of the Interior.

14 (c) NEW BEDFORD WHALING NATIONAL HISTORI15 CAL PARK.—

16 (1) ESTABLISHMENT.—In order to preserve for

17 the benefit and inspiration of the people of the Unit18 ed States as a national historical park certain dis19 tricts, structures, and relics located in New Bedford,

20 Massachusetts, and associated with the history of

21 whaling and related social and economic themes in

22 America, there is established the New Bedford

23 Whaling National Historical Park.

24 (2) BOUNDARIES.—(A) The boundaries of the

25 park shall be those generally depicted on the map
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1 numbered NAR–P49–80000–4 and dated June

2 1994. Such map shall be on file and available for

3 public inspection in the appropriate offices of the

4 National Park Service. In case of any conflict be5 tween the descriptions set forth in clauses (i)

6 through (iv) and such map, such map shall govern.

7 The park shall include the following:

8 (i) The area included within the New Bed9 ford National Historic Landmark District,

10 known as the Bedford Landing Waterfront His11 toric District, as listed within the National Reg12 ister of Historic Places and in the Massachu13 setts State Register of Historic Places.

14 (ii) The National Historic Landmark

15 Schooner Ernestina, with its home port in New

16 Bedford.

17 (iii) The land along the eastern boundary

18 of the New Bedford National Historic Land19 mark District over to the east side of Mac20 Arthur Drive from the Route 6 overpass on the

21 north to an extension of School Street on the

22 south.

23 (iv) The land north of Elm Street in New

24 Bedford, bounded by Acushnet Avenue on the
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1 west, Route 6 (ramps) on the north, MacArthur

2 Drive on the east, and Elm Street on the south.

3 (B) In addition to the sites, areas and relics re4 ferred to in subparagraph (A), the Secretary may

5 assist in the interpretation and preservation of each

6 of the following:

7 (i) The southwest corner of the State Pier.

8 (ii) Waterfront Park, immediately south of

9 land adjacent to the State Pier.

10 (iii) The Rotch-Jones-Duff House and

11 Garden Museum, located at 396 County Street.

12 (iv) The Wharfinger Building, located on

13 Piers 3 and 4.

14 (v) The Bourne Counting House, located

15 on Merrill’s Wharf.

16 (d) RELATED FACILITIES.—To ensure that the con17 tribution of Alaska Natives to the history of whaling in

18 the United States is fully recognized, the Secretary shall

19 provide—

20 (1) financial and other assistance to establish

21 links between the New Bedford Whaling National

22 Historical Park and the North Slope Borough Cul23 tural Center, located in Barrow, Alaska; and

24 (2) other appropriate assistance and funding

25 for the North Slope Borough Cultural Center.
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1 (e) ADMINISTRATION OF PARK.—

2 (1) IN GENERAL.—The park shall be adminis3 tered by the Secretary in accordance with this sec4 tion and the provisions of law generally applicable to

5 units of the National Park System, including the Act

6 entitled ‘‘An Act to establish a National Park Serv7 ice, and for other purposes’’, approved August 25,

8 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and

9 the Act of August 21, 1935 (49 Stat. 666; 16

10 U.S.C. 461–467).

11 (2) COOPERATIVE AGREEMENTS.—(A) The Sec12 retary may consult and enter into cooperative agree13 ments with interested entities and individuals to pro14 vide for the preservation, development, interpreta15 tion, and use of the park.

16 (B) Any payment made by the Secretary pursu17 ant to a cooperative agreement under this paragraph

18 shall be subject to an agreement that conversion,

19 use, or disposal of the project so assisted for pur20 poses contrary to the purposes of this section, as de21 termined by the Secretary, shall result in a right of

22 the United States to reimbursement of all funds

23 made available to such project or the proportion of

24 the increased value of the project attributable to
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1 such funds as determined at the time of such con2 version, use, or disposal, whichever is greater.

3 (3) NON-FEDERAL MATCHING REQUIRE4 MENTS.—(A) Funds authorized to be appropriated

5 to the Secretary for the purposes of—

6 (i) cooperative agreements under para7 graph (2) shall be expended in the ratio of one

8 dollar of Federal funds for each four dollars of

9 funds contributed by non-Federal sources; and

10 (ii) construction, restoration, and rehabili11 tation of visitor and interpretive facilities (other

12 than annual operation and maintenance costs)

13 shall be expended in the ratio of one dollar of

14 Federal funds for each one dollar of funds con15 tributed by non-Federal sources.

16 (B) For the purposes of this paragraph, the

17 Secretary is authorized to accept from non-Federal

18 sources, and to utilize for purposes of this section,

19 any money so contributed. With the approval of the

20 Secretary, any donation of property, services, or

21 goods from a non-Federal source may be considered

22 as a contribution of funds from a non-Federal

23 source for the purposes of this paragraph.

24 (4) ACQUISITION OF REAL PROPERTY.—For the

25 purposes of the park, the Secretary may acquire only
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1 by donation such lands, interests in lands, and im2 provements thereon within the park as are needed

3 for essential visitor contact and interpretive facili4 ties.

5 (5) OTHER PROPERTY, FUNDS, AND SERV6 ICES.—The Secretary may accept donated funds,

7 property, and services to carry out this section.

8 (e) GENERAL MANAGEMENT PLAN.—Not later than

9 the end of the second fiscal year beginning after the date

10 of enactment of this Act, the Secretary shall submit to

11 the Committee on Resources of the House of Representa12 tives and the Committee on Energy and Natural Re13 sources of the Senate a general management plan for the

14 park and shall implement such plan as soon as practically

15 possible. The plan shall be prepared in accordance with

16 section 12(b) of the Act of August 18, 1970 (16 U.S.C.

17 1a–7(b)) and other applicable law.

18 (f) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), there are authorized to be appropriated

21 such sums as may be necessary to carry out annual

22 operations and maintenance with respect to the park

23 and to carry out the activities under section 3(D).

24 (2) EXCEPTIONS.—In carrying out this sec25 tion—
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1 (A) not more than $2,000,000 may be ap2 propriated for construction, restoration, and re3 habilitation of visitor and interpretive facilities,

4 and directional and visitor orientation signage;

5 (B) none of the funds authorized to be ap6 propriated by this section may be used for the

7 operation or maintenance of the Schooner

8 Ernestina; and

9 (C) not more than $50,000 annually of

10 Federal funds may be used for interpretive and

11 educational programs for the Schooner

12 Ernestina pursuant to cooperative grants under

13 subsection (d)(2).

14 SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.

15 (a) FINDINGS AND PURPOSES.—

16 (1) FINDINGS.—Congress finds that—

17 (A) the Town of Nicodemus, in Kansas,

18 has national significance as the only remaining

19 western town established by African-Americans

20 during the Reconstruction period following the

21 Civil War;

22 (B) the town of Nicodemus is symbolic of

23 the pioneer spirit of African-Americans who

24 dared to leave the only region they had been fa25 miliar with to seek personal freedom and the
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1 opportunity to develop their talents and capa2 bilities; and

3 (C) the town of Nicodemus continues to be

4 a valuable African-American community.

5 (2) PURPOSES.—The purposes of this section

6 are—

7 (A) to preserve, protect, and interpret for

8 the benefit and enjoyment of present and future

9 generations, the remaining structures and loca10 tions that represent the history (including the

11 settlement and growth) of the town of

12 Nicodemus, Kansas; and

13 (B) to interpret the historical role of the

14 town of Nicodemus in the Reconstruction period

15 in the context of the experience of westward ex16 pansion in the United States.

17 (b) DEFINITIONS.—In this section:

18 (1) HISTORIC SITE.—The term ‘‘historic site’’

19 means the Nicodemus National Historic Site estab20 lished by subsection (c).

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

22 the Secretary of the Interior.

23 (c) ESTABLISHMENT OF NICODEMUS NATIONAL HIS24 TORIC SITE.—
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1 (1) ESTABLISHMENT.—There is established the

2 Nicodemus National Historic Site in Nicodemus,

3 Kansas.

4 (2) DESCRIPTION.—

5 (A) IN GENERAL.—The historic site shall

6 consist of the First Baptist Church, the St.

7 Francis Hotel, the Nicodemus School District

8 Number 1, the African Methodist Episcopal

9 Church, and the Township Hall located within

10 the approximately 161.35 acres designated as

11 the Nicodemus National Landmark in the

12 Township of Nicodemus, Graham County, Kan13 sas, as registered on the National Register of

14 Historic Places pursuant to section 101 of the

15 National Historic Preservation Act (16 U.S.C.

16 470a), and depicted on a map entitled

17 ‘‘Nicodemus National Historic Site’’, numbered

18 80,000 and dated August 1994.

19 (B) MAP AND BOUNDARY DESCRIPTION.—

20 The map referred to in subparagraph (A) and

21 an accompanying boundary description shall be

22 on file and available for public inspection in the

23 office of the Director of the National Park

24 Service and any other office of the National

25 Park Service that the Secretary determines to
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1 be an appropriate location for filing the map

2 and boundary description.

3 (d) ADMINISTRATION OF THE HISTORIC SITE.—

4 (1) IN GENERAL.—The Secretary shall admin5 ister the historic site in accordance with this section

6 and the provisions of law generally applicable to

7 units of the National Park System, including the Act

8 entitled ‘‘An Act to establish a National Park Serv9 ice, and for other purposes’’, approved August 25,

10 1916 (16 U.S.C. 1 et seq.), and the Act of August

11 21, 1935 (49 Stat. 666, Chapter 593; 16 U.S.C.

12 461 et seq.).

13 (2) COOPERATIVE AGREEMENTS.—To further

14 the purposes of this section, the Secretary may enter

15 into a cooperative agreement with any interested in16 dividual, public or private agency, organization, or

17 institution.

18 (3) TECHNICAL AND PRESERVATION ASSIST19 ANCE.—

20 (A) IN GENERAL.—The Secretary may

21 provide to any eligible person described in sub22 paragraph (B) technical assistance for the pres23 ervation of historic structures of, the mainte24 nance of the cultural landscape of, and local

25 preservation planning for, the historic site.
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1 (B) ELIGIBLE PERSONS.—The eligible per2 sons described in this subparagraph are—

3 (i) an owner of real property within

4 the boundary of the historic site, as de5 scribed in subsection (c)(2); and

6 (ii) any interested individual, agency,

7 organization, or institution that has en8 tered into an agreement with the Secretary

9 pursuant to paragraph (2).

10 (e) ACQUISITION OF REAL PROPERTY.—

11 (1) IN GENERAL.—Subject to paragraph (2),

12 the Secretary is authorized to acquire by donation,

13 exchange, or purchase with funds made available by

14 donation or appropriation, such lands or interests in

15 lands as may be necessary to allow for the interpre16 tation, preservation, or restoration of the First Bap17 tist Church, the St. Francis Hotel, the Nicodemus

18 School District Number 1, the African Methodist

19 Episcopal Church, or the Township Hall, as de20 scribed in subsection (c)(2)(A), or any combination

21 thereof.

22 (2) LIMITATIONS.—

23 (A) ACQUISITION OF PROPERTY OWNED BY

24 THE STATE OF KANSAS.—Real property that is

25 owned by the State of Kansas or a political sub-
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1 division of the State of Kansas that is acquired

2 pursuant to paragraph (1) may only be ac3 quired by donation.

4 (B) CONSENT OF OWNER REQUIRED.—No

5 real property may be acquired under this sub6 section without the consent of the owner of the

7 real property.

8 (f) GENERAL MANAGEMENT PLAN.—

9 (1) IN GENERAL.—Not Later than the last day

10 of the third full fiscal year beginning after the date

11 of enactment of this Act, the Secretary shall, in con12 sultation with the officials described in paragraph

13 (2), prepare a general management plan for the his14 toric site.

15 (2) CONSULTATION.—In preparing the general

16 management plan, the Secretary shall consult with

17 an appropriate official of each of the following:

18 (A) The Nicodemus Historical Society.

19 (B) The Kansas Historical Society.

20 (C) Appropriate political subdivisions of

21 the State of Kansas that have jurisdiction over

22 all or a portion of the historic site.

23 (3) SUBMISSION OF PLAN TO CONGRESS.—

24 Upon the completion of the general management

25 plan, the Secretary shall submit a copy of the plan
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1 to the Committee on Energy and Natural Resources

2 of the Senate and the Committee on Resources of

3 the House of Representatives.

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to the Department of

6 the Interior such sums as are necessary to carry out this

7 section.

8 SEC. 513. UNALASKA.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Aleutian World War II National Historic Areas Act of

11 1996’’.

12 (b) PURPOSE.—The purpose of this section is to des13 ignate and preserve the Aleutian World War II National

14 Historic Area within lands owned by the Ounalaska Cor15 poration on the island of Amaknak, Alaska and to provide

16 for the interpretation, for the educational and inspira17 tional benefit of present and future generations, of the

18 unique and significant circumstances involving the history

19 of the Aleut people, and the role of the Aleut people and

20 the Aleutian Islands in the defense of the United States

21 in World War II.

22 (c) BOUNDARIES.—The Aleutian World War II Na23 tional Historic Area shall be comprised of areas on

24 Amaknak Island depicted on the map entitled ‘‘Aleutian

25 World War II National Historic Area’’.
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1 (d) TERMS AND CONDITIONS.—Nothing in this sec2 tion shall—

3 (1) authorize the conveyance of lands between

4 the Ounalaska Corporation and the United States

5 Department of the Interior, nor remove land or

6 structures appurtenant to the land from the exclu7 sive control of the Ounalaska Corporation; or

8 (2) provide authority for the Department of the

9 Interior to assume the duties associated with the

10 daily operation of the historic area or any of its fa11 cilities or structures.

12 (e) TECHNICAL ASSISTANCE.—The Secretary of the

13 Interior may award grants and provide technical assist14 ance to the Ounalaska Corporation and the city of Un15 alaska to assist with the planning, development, and his16 toric preservation from any program funds authorized by

17 law for technical assistance, land use planning or historic

18 preservation.

19 SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.

20 (a) PURPOSE.—It is the purpose of this section—

21 (1) to assist in the effort to timely establish

22 within the District of Columbia a national memorial

23 to Japanese American patriotism in World War II;

24 and
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1 (2) to improve management of certain parcels

2 of Federal real property located within the District

3 of Columbia,

4 by transferring jurisdiction over such parcels to the Archi5 tect of the Capitol, the Secretary of the Interior, and the

6 Government of the District of Columbia.

7 (b) TRANSFERS OF JURISDICTION.—

8 (1) IN GENERAL.—Effective on the date of the

9 enactment of this Act and notwithstanding any other

10 provision of law, jurisdiction over the parcels of Fed11 eral real property described in paragraph (2) is

12 transferred without additional consideration as pro13 vided by paragraph (2).

14 (2) SPECIFIC TRANSFERS.—

15 (A) TRANSFERS TO SECRETARY OF THE

16 INTERIOR.—

17 (i) IN GENERAL.—Jurisdiction over

18 the following parcels is transferred to the

19 Secretary of the Interior:

20 (I) That triangle of Federal land,

21 including any contiguous sidewalks

22 and tree space, that is part of the

23 United States Capitol Grounds under

24 the jurisdiction of the Architect of the

25 Capitol bound by D Street, N.W.,
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1 New Jersey Avenue, N.W., and Lou2 isiana Avenue, N.W., in Square W632

3 in the District of Columbia, as shown

4 on the Map Showing Properties

5 Under Jurisdiction of the Architect of

6 the Capitol, dated November 8, 1994.

7 (II) That triangle of Federal

8 land, including any contiguous side9 walks and tree space, that is part of

10 the United States Capitol Grounds

11 under the jurisdiction of the Architect

12 of the Capitol bound by C Street,

13 N.W., First Street, N.W., and Louisi14 ana Avenue, N.W., in the District of

15 Columbia, as shown on the Map

16 Showing Properties Under Jurisdic17 tion of the Architect of the Capitol,

18 dated November 8, 1994.

19 (ii) LIMITATION.—The parcels trans20 ferred by clause (i) shall not include those

21 contiguous sidewalks abutting Louisiana

22 Avenue, N.W., which shall remain part of

23 the United States Capitol Grounds under

24 the jurisdiction of the Architect of the

25 Capitol.
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1 (iii) CONSIDERATION AS MEMORIAL

2 SITE.—The parcels transferred by

3 sibclause (I) of clause (i) may be consid4 ered as a site for a national memorial to

5 Japanese American patriotism in World

6 War II.

7 (B) TRANSFERS TO ARCHITECT OF THE

8 CAPITOL.—Jurisdiction over the following par9 cels is transferred to the Architect of the Cap10 itol:

11 (i) That portion of the triangle of

12 Federal land in Reservation No. 204 in the

13 District of Columbia under the jurisdiction

14 of the Secretary of the Interior, including

15 any contiguous sidewalks, bound by Con16 stitution Avenue, N.E., on the north, the

17 branch of Maryland Avenue, N.E., running

18 in a northeast direction on the west, the

19 major portion of Maryland Avenue, N.E.,

20 on the south, and 2nd Street, N.E., on the

21 east, including the contiguous sidewalks.

22 (ii) That irregular area of Federal

23 land in Reservation No. 204 in the District

24 of Columbia under the jurisdiction of the

25 Secretary of the Interior, including any
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1 contiguous sidewalks, northeast of the real

2 property described in clause (i) bound by

3 Constitution Avenue, N.E., on the north,

4 the branch of Maryland Avenue, N.E., run5 ning to the northeast on the south, and the

6 private property on the west known as lot

7 7 in square 726.

8 (iii) The two irregularly shaped medi9 ans lying north and east of the property

10 described in clause (i), located between the

11 north and south curbs of Constitution Ave12 nue, N.E., west of its intersection with

13 Second Street, N.E., all as shown in Land

14 Record No. 268, dated November 22,

15 1957, in the Office of the Surveyor, Dis16 trict of Columbia, in Book 138, Page 58.

17 (iv) All sidewalks under the jurisdic18 tion of the District of Columbia abutting

19 on and contiguous to the land described in

20 clauses (i), (ii), and (iii).

21 (C) TRANSFERS TO DISTRICT OF COLUM22 BIA.—Jurisdiction over the following parcels is

23 transferred to the Government of the District of

24 Columbia:
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1 (i) That portion of New Jersey Ave2 nue, N.W., between the northernmost point

3 of the intersection of New Jersey Avenue,

4 N.W., and D Street, N.W., and the north5 ernmost point of the intersection of New

6 Jersey Avenue, N.W., and Louisiana Ave7 nue, N.W., between squares 631 and

8 W632, which remains Federal property.

9 (ii) That portion of D Street, N.W.,

10 between its intersection with New Jersey

11 Avenue, N.W., and its intersection with

12 Louisiana Avenue, N.W., between Squares

13 630 and W632, which remains Federal

14 property.

15 (c) MISCELLANEOUS.—

16 (1) COMPLIANCE WITH OTHER LAWS.—Compli17 ance with this section shall be deemed to satisfy the

18 requirements of all laws otherwise applicable to

19 transfers of jurisdiction over parcels of Federal real

20 property.

21 (2) LAW ENFORCEMENT RESPONSIBILITY.—

22 Law enforcement responsibility for the parcels of

23 Federal real property for which jurisdiction is trans24 ferred by subsection (b) shall be assumed by the per25 son acquiring such jurisdiction.
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1 (3) UNITED STATES CAPITOL GROUNDS.—

2 (A) DEFINITION.—The first section of the

3 Act entitled ‘‘An Act to define the United

4 States Capitol Grounds, to regulate the use

5 thereof, and for other purposes’’, approved July

6 31, 1946 (40 U.S.C. 193a), is amended to in7 clude within the definition of the United States

8 Capitol Grounds the parcels of Federal real

9 property described in subsection (b)(2)(B).

10 (B) JURISDICTION OF CAPITOL POLICE.—

11 The United States Capitol Police shall have ju12 risdiction over the parcels of Federal real prop13 erty described in subsection (b)(2)(B) in ac14 cordance with section 9 of such Act of July 31,

15 1946 (40 U.S.C. 212a).

16 (4) EFFECT OF TRANSFERS.—A person relin17 quishing jurisdiction over a parcel of Federal real

18 property transferred by subsection (b) shall not re19 tain any interest in the parcel except as specifically

20 provided by this section.

21 SEC. 515. MANZANAR NATIONAL HISTORIC SITE.

22 (a) TERMINATION OF WITHDRAWALS.—

23 (1) UNAVAILABILITY OF CERTAIN LANDS.—The

24 Congress, by enacting the Act entitled ‘‘An Act to

25 establish the Manzanar National Historic Site in the
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1 State of California, and for other purposes’’, ap2 proved March 3, 1992 (106 Stat. 40; Public Law

3 102–248), (1) provided for the protection and inter4 pretation of the historical, cultural, and natural re5 sources associated with the relocation of Japanese6 Americans during World War II and established the

7 Manzanar National Historic Site in the State of

8 California, and (2) authorized the Secretary of the

9 Interior to acquire lands or interests therein within

10 the boundary of the Historic Site by donation, pur11 chase with donated or appropriated funds, or by ex12 change. The public lands identified for disposal in

13 the Bureau of Land Management’s Bishop Resource

14 Area Resource Management Plan that could be

15 made available for exchange in support of acquiring

16 lands within the boundary of the Historic Site are

17 currently unavailable for this purpose because they

18 are withdrawn by an Act of Congress.

19 (2) TERMINATION OF WITHDRAWAL.—To pro20 vide a land base with which to allow land exchanges

21 in support of acquiring lands within the boundary of

22 the Manzanar National Historic Site, the withdrawal

23 of the following described lands is terminated and

24 such lands shall not be subject to the Act of March

25 4, 1931 (chap. 517; 46 Stat. 1530):
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1 MOUNT DIABLO MERIDIAN

2 Township 2 North, Range 26 East

3 Section 7:

4 North half south half of lot 1 of southwest

5 quarter, north half south half of lot 2 of southwest

6 quarter, north half south half southeast quarter.

7 Township 4 South, Range 33 East

8 Section 31:

9 Lot 1 of southwest quarter, northwest quarter

10 northeast quarter, southeast quarter;

11 Section 32:

12 Southeast quarter northwest quarter, northeast

13 quarter southwest quarter, southwest quarter south14 east quarter.

15 Township 5 South, Range 33 East

16 Section 4:

17 West half of lot 1 of northwest quarter, west

18 half of lot 2 of northwest quarter.

19 Section 5:

20 East half of lot 1 of northeast quarter, east half

21 of lot 2 of northeast quarter.

22 Section 9:

23 Northwest quarter southwest quarter northeast

24 quarter.

25 Section 17:
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1 Southeast quarter northwest quarter, northwest

2 quarter southeast quarter.

3 Section 22:

4 Lot 1 and 2.

5 Section 27:

6 Lot 2, west half northeast quarter, southeast

7 quarter northwest quarter, northeast quarter south8 west quarter, northwest quarter southeast quarter.

9 Section 34:

10 Northeast quarter, northwest quarter, southeast

11 quarter.

12 Township 6 South, Range 31 East

13 Section 19:

14 East half northeast quarter southeast quarter.

15 Township 6 South, Range 33 East

16 Section 10:

17 East half southeast quarter.

18 Section 11:

19 Lot 1 and 2, west half northeast quarter, north20 west quarter, west half southwest quarter, northeast

21 quarter southwest quarter.

22 Section 14:

23 Lots 1 through 4, west half northeast quarter,

24 southeast quarter northwest quarter, northeast quar-
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1 ter southwest quarter, northwest quarter southeast

2 quarter.

3 Township 7 South, Range 32 East

4 Section 23:

5 South half southwest quarter.

6 Section 25:

7 Lot 2, northeast quarter northwest quarter.

8 Township 7 South, Range 33 East

9 Section 30:

10 South half of lot 2 of northwest quarter, lot 1

11 and 2 of southwest quarter.

12 Section 31:

13 North half of lot 2 of northwest quarter, south14 east quarter northeast quarter, northeast quarter

15 southeast quarter.

16 Township 8 South, Range 33 East

17 Section 5:

18 Northwest quarter southwest quarter.

19 Township 13 South, Range 34 East

20 Section 1:

21 Lots 43, 46, and 49 thru 51.

22 Section 2:

23 North half northwest quarter southeast quarter

24 southeast quarter.
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1 Township 11 South, Range 35 East

2 Section 30:

3 Lots 1 and 2, east half northwest quarter, east

4 half southwest quarter, and west half southwest

5 quarter southeast quarter.

6 Section 31:

7 Lot 8, west half west half northeast quarter,

8 east half northwest quarter, and west half southeast

9 quarter.

10 Township 13, South, Range 35 East

11 Section 18:

12 South half of lot 2 of northwest quarter, lot 1

13 and 2 of southwest quarter, southwest quarter

14 northeast quarter, northwest quarter southeast quar15 ter.

16 Section 29:

17 Southeast quarter northeast quarter, northeast

18 quarter southeast quarter.

19 Township 13 South, Range 36 East

20 Section 17:

21 Southwest quarter northwest quarter, southwest

22 quarter.

23 Section 18:
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1 South half of lot 1 of northwest quarter, lot 1

2 of southwest quarter, northeast quarter, southeast

3 quarter.

4 Section 19:

5 North half of lot 1 of northwest quarter, east

6 half northeast quarter, northwest quarter northeast

7 quarter.

8 Section 20:

9 Southwest quarter northeast quarter, northwest

10 quarter, northeast quarter southwest quarter, south11 east quarter.

12 Section 28:

13 Southwest quarter southwest quarter.

14 Section 29:

15 East half northeast quarter.

16 Section 33:

17 Northwest quarter northwest quarter, southeast

18 quarter northwest quarter.

19 Township 14 South, Range 36 East

20 Section 31:

21 Lot 1 and 2 of southwest quarter, southwest

22 quarter southeast quarter.

23 aggregating 5,630 acres, more or less.

24 (b) AVAILABILITY OF LANDS.—Upon enactment of

25 this Act, the lands specified in subsection (a) shall be open
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1 to operation of the public land laws, including the mining

2 and mineral leasing laws, only after the Secretary of the

3 Interior has published a notice in the Federal Register

4 opening such lands.

5 (c) ADDITIONAL AREA.—Section 101 of Public Law

6 102–248 is amended by inserting in subsection (b) after

7 the second sentence ‘‘The site shall also include an addi8 tional area of approximately 300 acres as demarcated as

9 the new proposed boundaries in the map dated March 8,

10 1996, entitled ‘Manzanar National Historic Site Archae11 ological Base Map’.’’

12 SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS

13 MEMORIAL GROVE AS NATIONAL MEMORIAL.

14 (a) RECOGNITION OF SIGNIFICANCE OF THE AIDS

15 MEMORIAL GROVE.—The Congress hereby recognizes the

16 significance of the AIDS Memorial Grove, located in Gold17 en Gate Park in San Francisco, California, as a memo18 rial—

19 (1) dedicated to individuals who have died as a

20 result of acquired immune deficiency syndrome; and

21 (2) in support of individuals who are living with

22 acquired immune deficiency syndrome and their

23 loved ones and caregivers.

24 (b) DESIGNATION AS NATIONAL MEMORIAL.—Not

25 later than 90 days after the date of enactment of this Act,
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1 the Secretary of the Interior shall designate the AIDS Me2 morial Grove as a national memorial.

3 TITLE VI—CIVIL AND

4 REVOLUTIONARY WAR SITES

5 SEC. 601. UNITED STATES CIVIL WAR CENTER.

6 (a) DESIGNATION.—The Civil War Center, located on

7 Raphael Semmes Drive at Louisiana State University in

8 Baton Rouge, Louisiana (hereinafter in this section re9 ferred to as the ‘‘center’’) shall be known and designated

10 as the ‘‘United States Civil War Center’’.

11 (b) LEGAL REFERENCES.—Any reference in any law,

12 regulation, paper, record, map, or any other document of

13 the United States to the center referred to in subsection

14 (b) shall be deemed to be a reference to the ‘‘United States

15 Civil War Center’’.

16 (c) FLAGSHIP INSTITUTIONS.—The center and the

17 Civil War Institute of Gettysburg College, located at 233

18 North Washington Street in Gettysburg, Pennsylvania,

19 shall be the flagship institutions for planning the sesqui20 centennial commemoration of the Civil War.

21 SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.

22 (a) PURPOSE.—The purpose of this section is to pro23 vide for a center for the interpretation of the Siege and

24 Battle of Corinth and other Civil War actions in the Re25 gion and to enhance public understanding of the signifi-
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1 cance of the Corinth Campaign in the Civil War relative

2 to the Western theater of operations, in cooperation with

3 State or local governmental entities and private organiza4 tions and individuals.

5 (b) ACQUISITION OF PROPERTY AT CORINTH, MIS6 SISSIPPI.—The Secretary of the Interior (referred to in

7 this title as the ‘‘Secretary’’) shall acquire by donation,

8 purchase with donated or appropriated funds, or ex9 change, such land and interests in land in the vicinity of

10 the Corinth Battlefield, in the State of Mississippi, as the

11 Secretary determines to be necessary for the construction

12 of an interpretive center to commemorate and interpret

13 the 1862 Civil War Siege and Battle of Corinth.

14 (c) PUBLICLY OWNED LAND.—Land and interests in

15 land owned by the State of Mississippi or a political sub16 division of the State of Mississippi may be acquired only

17 by donation.

18 (d) INTERPRETIVE CENTER AND MARKING.—

19 (1) INTERPRETIVE CENTER.— The Secretary

20 shall construct, operate, and maintain on the prop21 erty acquired under subsection (b) a center for the

22 interpretation of the Siege and Battle of Corinth

23 and associated historical events for the benefit of the

24 public.
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1 (2) MARKING.—The Secretary may mark sites

2 associated with the Siege and Battle of Corinth Na3 tional Historic Landmark, as designated on May 6,

4 1991, if the sites are determined by the Secretary to

5 be protected by State or local governmental agencies.

6 (3) ADMINISTRATION.—The land and interests

7 in land acquired, and the facilities constructed and

8 maintained pursuant to this section, shall be admin9 istered by the Secretary as a part of Shiloh National

10 Military Park, subject to the appropriate laws (in11 cluding regulations) applicable to the Park, the Act

12 entitled ‘‘An Act to establish a National Park Serv13 ice, and for other purposes’’, approved August 25,

14 1916 (16 U.S.C. 1 et seq.), and the Act entitled ‘‘An

15 Act to provide for the preservation of historic Amer16 ican sites, buildings, objects, and antiquities of na17 tional significance, and for other purposes’’, ap18 proved August 21, 1935 (16 U.S.C. 461 et seq.).

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated $6,000,000 for develop21 ment to carry out this section.

22 SEC. 603. RICHMOND NATIONAL BATTLEFIELD PARK.

23 (a) FINDINGS AND PURPOSE.—Section 1 of the Act

24 of March 2, 1936 (chapter 113, 49 Stat. 1155; 16 U.S.C.

25 423j), is amended to read as follows:
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1 ‘‘SECTION 1. FINDINGS AND PURPOSE.

2 ‘‘(a) FINDINGS.—In 1996 the Congress finds that:

3 ‘‘(1) In 1936 the Congress established the

4 Richmond National Battlefield Park in and around

5 the city of Richmond, Virginia. The park’s boundary

6 was established to permit the inclusion of all mili7 tary battlefield areas related to the battles fought

8 during the Civil War in defense of and against the

9 city of Richmond. The park originally included the

10 area then known as the Richmond Battlefield State

11 Park.

12 ‘‘(2) The total acreage of the area identified in

13 1936 for consideration for inclusion in the Richmond

14 National Battlefield Park encompasses approxi15 mately 225,000 acres in and around the city of

16 Richmond, Virginia. A study undertaken by the con17 gressionally authorized Civil War Sites Advisory

18 Committee determined that within those 225,000

19 acres, the historically significant areas in and

20 around Richmond relating to the campaigns against

21 and in defense of Richmond encompass approxi22 mately 38,000 acres. The National Park Service,

23 through its general management planning process

24 for Richmond National Battlefield Park, has identi25 fied approximately 7,121 acres which satisfy the Na26 tional Park Service criteria of significance, integrity,
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1 feasibility, and suitability for inclusion in Richmond

2 National Battlefield Park.

3 ‘‘(3) There is national interest in protecting

4 and preserving sites of historic significance associ5 ated with the Civil War and Richmond.

6 ‘‘(4) The Commonwealth of Virginia and its

7 local units of government have authority to prevent

8 or minimize adverse uses of these historic resources

9 and can play a significant role in the protection of

10 the historic resources related to the battles of Rich11 mond.

12 ‘‘(b) PURPOSES.—Therefore, it is the purpose of this

13 Act—

14 ‘‘(1) to establish a revised boundary for the

15 Richmond National Battlefield Park based on the

16 findings of the Civil War Sites Advisory Committee

17 and the National Park Service; and

18 ‘‘(2) to direct the Secretary of the Interior to

19 work in cooperation with the Commonwealth of Vir20 ginia, the city of Richmond, and other political sub21 divisions of the Commonwealth, other public entities,

22 and the private sector in the management, protec23 tion, and interpretation of the resources associated

24 with the Civil War and the Battles of Richmond in

25 and around the city of Richmond, Virginia.’’.
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1 (b) MODIFICATION OF BOUNDARY.—Section 2 of the

2 Act of March 2, 1936 (chapter 113, 49 Stat. 1155; 16

3 U.S.C. 423k), is amended to read as follows:

4 ‘‘SEC. 2. BOUNDARY.

5 ‘‘The boundary of the Richmond National Battlefield

6 Park (hereinafter in this Act referred to as the ‘park’)

7 is hereby modified to comprise the lands, waters, and in8 terests in lands therein that, on the day before the date

9 of the enactment of this Act, were in Federal ownership

10 and were administered by the Secretary of the Interior as

11 part of the park.’’.

12 (c) LAND ACQUISITION.—The Act of March 2, 1936

13 (chapter 113, 49 Stat. 1155; 16 U.S.C. 423j and follow14 ing), is amended by adding the following new section after

15 section 3:

16 ‘‘SEC. 4. LAND ACQUISITION.

17 ‘‘(a) The Secretary is authorized to acquire any lands

18 and interests in lands identified in the general manage19 ment plan for the park approved June 7, 1996, and de20 picted within the area delineated as ‘Park Boundary’ on

21 the map entitled ‘Richmond National Battlefield Park

22 Boundary Map’, as numbered 367–NEFA 80026 and

23 dated August 1996, which shall be on file and available

24 for inspection in the Office of the Director of the National

25 Park Service, Department of the Interior.
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1 ‘‘(b) The Secretary is authorized to acquire the lands

2 identified in subsection (a) by donation, purchase with do3 nated or appropriated funds, exchange, or otherwise. Pri4 vately owned lands or the interest therein may be acquired

5 only with the consent of the property owner. In acquiring

6 lands and interest in lands under this Act, the Secretary

7 shall acquire the minimum Federal interests necessary to

8 achieve the objectives of the park.

9 ‘‘(c) Upon acquisition by the Secretary of any lands

10 and interests in lands identified in subsection (a), the Sec11 retary shall revise the boundary of the park to include

12 those lands within the boundary of the park and shall

13 manage them as part of the park and consistent with the

14 purposes of the Act.’’.

15 (d) PARK MANAGEMENT AND ADMINISTRATION.—

16 The Act of March 2, 1936 (chapter 113; 49 Stat. 1155;

17 16 U.S.C. 423j and following), is amended by adding the

18 following new section after section 4:

19 ‘‘SEC. 5. PARK MANAGEMENT AND ADMINISTRATION.

20 ‘‘(a) In administering the park, the Secretary shall

21 interpret, for the benefit of visitors to the park and the

22 general public, the Battles of Richmond in the larger con23 text of the Civil War and American history, including the

24 causes and consequences of the Civil War and the effects

25 of the war on all the American people.
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1 ‘‘(b) The Secretary is directed to work with the Com2 monwealth of Virginia, its political subdivisions, including

3 the city of Richmond, private property owners, and the

4 private sector to develop mechanisms to protect and inter5 pret the resources identified within the boundary as de6 picted on the map identified in section 2 of this Act. In

7 order to carry out this section, the Secretary is authorized

8 to enter into cooperative agreements with the public and

9 private sectors to carry out the purposes of this Act, and

10 to find means of protecting and interpreting the historic

11 resources for the benefit of present and future generations

12 in a manner that would allow for continued private owner13 ship and use where compatible with the purposes of the

14 park. The Secretary is also authorized to provide technical

15 assistance to governmental entities, nonprofit organiza16 tions, and private property owners in the development of

17 comprehensive plans, land use guidelines, and other activi18 ties which are consistent with conserving the historic, cul19 tural, natural, and scenic resources found within the park

20 boundary.

21 ‘‘(c) The Secretary is authorized to provide technical

22 assistance to the Commonwealth of Virginia, its political

23 subdivisions, nonprofit entities, and private property own24 ers engaged in the protection, interpretation, or com25 memoration of historically significant Civil War resources
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1 located outside of the park boundary. Such technical as2 sistance does not authorize the Secretary to own or man3 age any of the resources outside the park boundary.’’.

4 (e) TECHNICAL AMENDMENT.—Section 3 of the Act

5 of March 2, 1936 (chapter 113, 49 Stat. 1156; 16 U.S.C.

6 423l) is amended by striking the period and inserting ‘‘,

7 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C.

8 461–467).’’.

9 SEC. 604. REVOLUTIONARY WAR AND WAR OF 1812 HIS10 TORIC PRESERVATION STUDY.

11 (a) SHORT TITLE.—This section may be cited as the

12 ‘‘Revolutionary War and War of 1812 Historic Preserva13 tion Study Act of 1996’’.

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

15 (1) Revolutionary War sites and War of 1812

16 sites provide a means for Americans to understand

17 and interpret the periods in American history during

18 which the Revolutionary War and War of 1812 were

19 fought;

20 (2) the historical integrity of many Revolution21 ary War sites and War of 1812 sites is at risk be22 cause many of the sites are located in regions that

23 are undergoing rapid urban or suburban develop24 ment; and
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1 (3) it is important, for the benefit of the United

2 States, to obtain current information on the signifi3 cance of, threats to the integrity of, and alternatives

4 for the preservation and interpretation of Revolu5 tionary War sites and War of 1812 sites.

6 (c) DEFINITIONS.—In this section:

7 (1) DIRECTOR.—The term ‘‘Director’’ means

8 the Director of the National Park Service.

9 (2) REVOLUTIONARY WAR SITE.—The term

10 ‘‘Revolutionary War site’’ means a site or structure

11 situated in the United States that is thematically

12 tied with the nationally significant events that oc13 curred during the Revolutionary War.

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

15 the Secretary of the Interior.

16 (4) WAR OF 1812 SITE.—The term ‘‘War of

17 1812 site’’ means a site or structure situated in the

18 United States that is thematically tied with the na19 tionally significant events that occurred during the

20 War of 1812.

21 (d) STUDY.—

22 (1) PREPARATION.—The Secretary, acting

23 through the Director, shall prepare a study of Revo24 lutionary War sites and War of 1812 sites.
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1 (2) MATTERS TO BE ADDRESSED.—The study

2 under subsection (b) shall—

3 (A) identify Revolutionary War sites and

4 War of 1812 sites, including sites within units

5 of the National Park System in existence on the

6 date of enactment of this Act;

7 (B) determine the relative significance of

8 the sites;

9 (C) assess short- and long-term threats to

10 the integrity of the sites;

11 (D) provide alternatives for the preserva12 tion and interpretation of the sites by Federal,

13 State, and local governments, or other public or

14 private entities, including designation of the

15 sites as units of the National Park System; and

16 (E) research and propose land preservation

17 techniques.

18 (3) CONSULTATION.—During the preparation

19 of the study under paragraph (1), the Director shall

20 consult with—

21 (A) the Governor of each affected States;

22 (B) each affected unit of local government;

23 (C) State and local historic preservation

24 organizations;

25 (D) scholarly organizations; and
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1 (E) such other interested parties as the

2 Secretary considers advisable.

3 (4) TRANSMITTAL TO CONGRESS.—Not later

4 than 2 years after the date on which funds are made

5 available to carry out the study under paragraph

6 (1), the Director shall transmit a report describing

7 the results of the study to the Committee on Re8 sources of the House of Representatives and the

9 Committee on Energy and Natural Resources of the

10 State.

11 (5) REPORT.—If the Director submits a report

12 on the study to the Director of the Office of Man13 agement and Budget, the Secretary shall concur14 rently transmit copies of the report to the Commit15 tee on Resources of the House of Representatives

16 and the Committee on Energy and Natural Re17 sources of the Senate.

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this section

20 $750,000, to remain available until expended.

21 SEC. 605. AMERICAN BATTLEFIELD PROTECTION PRO22 GRAM.

23 (a) SHORT TITLE.—This section may be cited as the

24 ‘‘American Battlefield Protection Act of 1996’’.
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1 (b) PURPOSE.—The purpose of this section is to as2 sist citizens, public and private institutions, and govern3 ments at all levels in planning, interpreting, and protect4 ing sites where historic battles were fought on American

5 soil during the armed conflicts that shaped the growth and

6 development of the United States, in order that present

7 and future generations may learn and gain inspiration

8 from the ground where Americans made their ultimate

9 sacrifice.

10 (c) PRESERVATION ASSISTANCE.—

11 (1) IN GENERAL.—Using the established na12 tional historic preservation program to the extent

13 practicable, the Secretary of the Interior, acting

14 through the American Battlefield Protection Pro15 gram, shall encourage, support, assist, recognize,

16 and work in partnership with citizens, Federal,

17 State, local, and tribal governments, other public en18 tities, educational institutions, and private nonprofit

19 organizations in identifying, researching, evaluating,

20 interpreting, and protecting historic battlefields and

21 associated sites on a National, State, and local level.

22 (2) FINANCIAL ASSISTANCE.—To carry out

23 paragraph (1), the Secretary may use a cooperative

24 agreement, grant, contract, or other generally adopt25 ed means of providing financial assistance.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $3,000,000 annually to

3 carry out this section, to remain available until expended.

4 (e) REPEAL.—

5 (1) IN GENERAL.—This section is repealed as

6 of the date that is 10 years after the date of enact7 ment of this section.

8 (2) NO EFFECT ON GENERAL AUTHORITY.—

9 The Secretary may continue to conduct battlefield

10 studies in accordance with other authorities available

11 to the Secretary.

12 (3) UNOBLIGATED FUNDS.—Any funds made

13 available under this section that remain unobligated

14 shall be credited to the general fund of the Treas15 ury.

16 SEC. 606. CHICKAMAUGA AND CHATTANOOGA NATIONAL

17 MILITARY PARKS.

18 Section 1(c) of the Act entitled ‘‘An Act to authorize

19 and direct the National Park Service to assist the State

20 of Georgia in relocating a highway affecting the Chicka21 mauga and Chattanooga National Military Park in Geor22 gia’’, approved December 24, 1987 (101 Stat. 1442), is

23 amended by striking ‘‘$30,000,000’’ and inserting

24 ‘‘$51,900,000’’.
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1 SEC. 607. SHENANDOAH VALLEY BATTLEFIELDS.

2 (a) SHORT TITLE.—This section may be cited as the

3 ‘‘Shenandoah Valley Battlefields National Historic Dis4 trict and Commission Act of 1996’’.

5 (b) CONGRESSIONAL FINDINGS.—The Congress finds

6 that—

7 (1) there are situated in the Shenandoah Valley

8 in the Commonwealth of Virginia the sites of several

9 key Civil War battles;

10 (2) certain sites, battlefields, structures, and

11 districts in the Shenandoah Valley are collectively of

12 national significance in the history of the Civil War;

13 (3) in 1992, the Secretary of the Interior issued

14 a comprehensive study of significant sites and struc15 tures associated with Civil War battles in the Shen16 andoah Valley, and found that many of the sites

17 within the Shenandoah Valley possess national sig18 nificance and retain a high degree of historical in19 tegrity;

20 (4) the preservation and interpretation of these

21 sites will make a vital contribution to the under22 standing of the heritage of the United States;

23 (5) the preservation of Civil War sites within a

24 regional framework requires cooperation among local

25 property owners and Federal, State, and local gov26 ernment entities; and
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1 (6) partnerships between Federal, State, and

2 local governments, the regional entities of such gov3 ernments, and the private sector offer the most ef4 fective opportunities for the enhancement and man5 agement of the Civil War battlefields and related

6 sites in the Shenandoah Valley.

7 (c) STATEMENT OF PURPOSE.—The purposes of this

8 section are to—

9 (1) preserve, conserve, and interpret the legacy

10 of the Civil War in the Shenandoah Valley;

11 (2) recognize and interpret important events

12 and geographic locations representing key Civil War

13 battles in the Shenandoah Valley, including those

14 battlefields associated with the Thomas J. (Stone15 wall) Jackson campaign of 1862 and the decisive

16 campaigns of 1864;

17 (3) recognize and interpret the effect of the

18 Civil War on the civilian population of the Shen19 andoah Valley during the war and postwar recon20 struction period; and

21 (4) create partnerships among Federal, State,

22 and local governments, the regional entities of such

23 governments, and the private sector to preserve, con24 serve, enhance, and interpret the nationally signifi-
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1 cant battlefields and related sites associated with the

2 Civil War in the Shenandoah Valley.

3 (d) DEFINITIONS.—As used in this section:

4 (1) The term ‘‘District’’ means the Shenandoah

5 Valley Battlefields National Historic District estab6 lished by section 5.

7 (2) The term ‘‘Commission’’ means the Shen8 andoah Valley Battlefields National Historic District

9 Commission established by section 9.

10 (3) The term ‘‘plan’’ means the Shenandoah

11 Valley Battlefields National Historic District Com12 mission plan approved by the Secretary under sec13 tion 6.

14 (4) The term ‘‘management entity’’ means a

15 unit of government or nonprofit organization des16 ignated by the plan to manage and administer the

17 District.

18 (5) The term ‘‘Secretary’’ means the Secretary

19 of the Interior.

20 (6) The term ‘‘Shenandoah Valley’’ means the

21 Shenandoah Valley in the Commonwealth of Vir22 ginia.

23 (e) SHENANDOAH VALLEY BATTLEFIELDS NA24 TIONAL HISTORIC DISTRICT.—
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1 (1) ESTABLISHMENT.—To carry out the pur2 poses of this section, there is hereby established the

3 Shenandoah Valley Battlefields National Historic

4 District in the Commonwealth of Virginia.

5 (2) BOUNDARIES.—(A) The corridor shall con6 sist of lands and interests therein as generally de7 picted on the map entitled ‘‘Shenandoah Valley Na8 tional Battlefields’’, numbered SHVA/80,000, and

9 dated April 1994.

10 (B) The District shall consist of historic trans11 portation routes linking the units depicted on the

12 map referred to in subparagraph (A).

13 (C) The map referred to in subparagraph (A)

14 shall be on file and available for public inspection in

15 the offices of the Commission, the management en16 tity, and in the appropriate offices of the National

17 Park Service.

18 (f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL

19 HISTORIC DISTRICT PLAN.—

20 (1) IN GENERAL.—The District shall be man21 aged and administered by the Commission and the

22 management entity in accordance with the purposes

23 of this Act and the Shenandoah Valley Battlefields

24 National Historic District Plan developed by the
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1 Commission and approved by the Secretary, as pro2 vided in this subsection.

3 (2) SPECIFIC PROVISIONS.—The plan shall in4 clude—

5 (A) an inventory which includes any prop6 erty in the District which should be preserved,

7 restored, managed, maintained, or acquired be8 cause of its national historic significance;

9 (B) provisions for the protection and inter10 pretation of the natural, cultural, and historic

11 resources of the District consistent with the

12 purposes of this section;

13 (C) provisions for the establishment of a

14 management entity which shall be a unit of gov15 ernment or a private nonprofit organization

16 that administers and manages the District con17 sistent with the plan, and possesses the legal

18 ability to—

19 (i) receive Federal funds and funds

20 from other units of government or other

21 organizations for use in preparing and im22 plementing the management plan;

23 (ii) disburse Federal funds to other

24 units of government or other nonprofit or-
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1 ganizations for use in preparing and imple2 menting the plan;

3 (iii) enter into agreements with the

4 Federal, State, or other units of govern5 ment and nonprofit organizations;

6 (iv) acquire lands or interests therein

7 by gift or devise, or by purchase from a

8 willing seller using donated or appropriated

9 funds, or by donation and no lands or in10 terests therein may be acquired by con11 demnation; and

12 (v) make such reasonable and nec13 essary modifications to the plan which

14 shall be approved by the Secretary;

15 (D) recommendations to the Common16 wealth of Virginia (and political subdivisions

17 thereof) for the management, protection, and

18 interpretation of the natural, cultural, and his19 torical resources of the District;

20 (E) identification of appropriate partner21 ships between the Federal, State, and local gov22 ernments and regional entities, and the private

23 sector, in furtherance of the purposes of this

24 section;
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1 (F) locations for visitor contact and major

2 interpretive facilities;

3 (G) provisions for implementing a continu4 ing program of interpretation and visitor edu5 cation concerning the resources and values of

6 the District;

7 (H) provisions for a uniform historical

8 marker and wayside exhibit program in the Dis9 trict, including a provision for marking, with

10 the consent of the owner, historic structures

11 and properties that are contained within the

12 historic core areas and contribute to the under13 standing of the District;

14 (I) recommendations for means of ensuring

15 continued local involvement and participation in

16 the management, protection, and development

17 of the District; and

18 (J) provisions for appropriate living history

19 demonstrations and battlefield reenactments.

20 (3) PREPARATION OF DRAFT PLAN.—(A) Not

21 later than 3 years after the date on which the Com22 mission conducts its first meeting, the Commission

23 shall submit to the Secretary a draft plan that meets

24 the requirements of paragraph (2).
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1 (B) Prior to submitting the draft plan to

2 the Secretary, the Commission shall ensure

3 that—

4 (i) the Commonwealth of Virginia,

5 and any political subdivision thereof that

6 would be affected by the plan, receives a

7 copy of the draft plan;

8 (ii) adequate notice of the availability

9 of the draft plan is provided through publi10 cation in appropriate local newspapers in

11 the area of the District; and

12 (iii) at least one public hearing in the

13 vicinity of the District is conducted by the

14 Commission with respect to the draft plan.

15 (4) REVIEW OF THE PLAN BY THE SEC16 RETARY.—The Secretary shall review the draft plan

17 submitted under paragraph (3) and, not later than

18 90 days after the date on which the draft plan is

19 submitted, shall either—

20 (A) approve the draft plan as the plan if

21 the Secretary finds that the plan, when imple22 mented, would adequately protect the signifi23 cant historical and cultural resources of the

24 District; or
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1 (B) reject the draft plan and advise the

2 Commission in writing of the reasons therefore

3 and indicate any recommendations for revisions

4 that would make the draft plan acceptable.

5 (g) DUTIES OF THE SECRETARY.—

6 (1) IN GENERAL.—(A) The Secretary may

7 award grants, provide technical assistance and enter

8 into cooperative agreements with the Commission,

9 management entity, other units of government, or

10 other persons to provide for the preservation and in11 terpretation of the natural, cultural, and historical

12 resources within the District.

13 (2) TECHNICAL ASSISTANCE.—The Secretary

14 may make grants, provide technical assistance, and

15 enter into cooperative agreements for—

16 (A) the preparation and implementation of

17 the plan pursuant to subsection (f);

18 (B) interpretive and educational programs;

19 (C) acquiring lands or interests in lands

20 from willing sellers;

21 (D) capital projects and improvements un22 dertaken pursuant to the plan; and

23 (E) facilitating public access to historic re24 sources within the District.
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1 (3) EARLY ACTIONS.—After enactment of this

2 Act but prior to approval of the plan, the Secretary

3 may provide technical and financial assistance for

4 early actions which are important to the purposes of

5 this Act and which protect and preserve resources in

6 imminent danger of irreversible damage but for the

7 fact of such early action.

8 (4) ACQUISITION OF LAND.—The Secretary

9 may acquire land and interests in lands from a will10 ing seller or donee within the District that have been

11 specifically identified by the Commission for acquisi12 tion by the Federal Government. No lands or inter13 ests therein may be acquired by condemnation.

14 (5) DETAIL.—Each fiscal year during the exist15 ence of the Commission and upon request of the

16 Commission, the Secretary shall detail to the Com17 mission, on a nonreimbursable basis, 2 employees of

18 the Department of the Interior to enable the Com19 mission to carry out the Commission’s duties under

20 section 9. Such detail shall be without interruption

21 or loss of civil service status, benefits, or privileges.

22 (6) REPORT.—Not later than 2 years after ap23 proval of the plan, the Secretary shall submit to

24 Congress a report recommending whether the Dis-
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1 trict or components thereof meet the criteria for des2 ignation as a unit of the National Park Service.

3 (7) OTHER ASSISTANCE.—Nothing in this sec4 tion shall be deemed to prohibit the Secretary or

5 units of government from providing technical or fi6 nancial assistance under any other provision of law.

7 (h) SHENANDOAH VALLEY BATTLEFIELDS NA8 TIONAL HISTORIC DISTRICT COMMISSION.—

9 (1) ESTABLISHMENT.—There is hereby estab10 lished the Shenandoah Valley Battlefields National

11 Historic District Commission.

12 (2) MEMBERSHIP.—The Commission shall be

13 composed of 19 members, to be appointed by the

14 Secretary as follows:

15 (A) 5 members representing local govern16 ments of communities in the vicinity of the Dis17 trict, appointed after the Secretary considers

18 recommendations made by appropriate local

19 governing bodies.

20 (B) 10 members representing property

21 owners within the District (1 member within

22 each unit of the battlefields).

23 (C) 1 member with demonstrated expertise

24 in historic preservation.
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1 (D) 1 member who is a recognized histo2 rian with expertise in Civil War history.

3 (E) The Governor of Virginia, or a des4 ignee of the Governor, ex officio.

5 (F) The Director of the National Park

6 Service, or a designee of the Director, ex officio.

7 (3) APPOINTMENTS.—Members of the Commis8 sion shall be appointed for terms of 3 years. Any

9 member of the Commission appointed for a definite

10 term may serve after the expiration of the term until

11 the successor of the members is appointed.

12 (4) ELECTION OF OFFICERS.—The Commission

13 shall elect 1 of its members as Chairperson and 1

14 as Vice Chairperson. The Vice Chairperson shall

15 serve as Chairperson in the absence of the Chair16 person.

17 (5) VACANCY.—Any vacancy on the Commis18 sion shall be filled in the same manner in which the

19 original appointment was made, except that the Sec20 retary shall fill any vacancy within 30 days after the

21 vacancy occurs.

22 (6) QUORUM.—Any majority of the Commission

23 shall constitute a quorum.

24 (7) MEETINGS.—The Commission shall meet at

25 the call of the Chairperson or a majority of the
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1 members of the Commission, but not less than quar2 terly. Notice of the Commission meetings and agen3 das for the meetings shall be published in local

4 newspapers that have a distribution throughout the

5 Shenandoah Valley. Meetings of the Commission

6 shall be subject to section 552b of title 5, United

7 States Code (relating to open meetings).

8 (8) STAFF OF THE COMMISSION.—The Commis9 sion shall have the power to appoint and fix the

10 compensation of such staff as may be necessary to

11 carry out its duties.

12 (9) ADMINISTRATIVE SUPPORT SERVICES.—The

13 Administrator of the General Services Administra14 tion shall provide to the Commission, without reim15 bursement, such administrative support services as

16 the Commission may request.

17 (10) FEDERAL AGENCIES.—Upon request of

18 the Commission, the head of any Federal agency

19 may detail to the Commission or management entity,

20 without reimbursement, personnel of the agency to

21 assist the Commission or management entity in car22 rying out its duties and such detail shall be without

23 interruption or loss of civil service status, benefits,

24 or privileges.
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1 (11) SUBPOENAS.—The Commission may not

2 issue subpoenas or exercise any subpoena authority.

3 (12) EXPENSES.—Members of the Commission

4 shall serve without compensation, but the Secretary

5 may reimburse members for expenses reasonably in6 curred in carrying out the responsibilities of the

7 Commission under this Act.

8 (13) MAILS.—The Commission may use the

9 United States mails in the same manner and under

10 the same conditions as other departments and agen11 cies of the United States.

12 (14) GIFTS.—The Commission may, for pur13 poses of carrying out the duties of the Commission,

14 seek, accept, and dispose of gifts, bequests, or dona15 tions of money, personal or real property, or services

16 received from any source.

17 (15) TERMINATION.—The Commission shall

18 terminate at the expiration of the 45-day period be19 ginning on the date on which the Secretary approves

20 the plan under subsection (f)(4).

21 (i) DUTIES OF THE COMMISSION.—

22 (1) IN GENERAL.—The Commission shall—

23 (A) develop the plan and draft plan re24 ferred to in subsection (f), in consultation with

25 the Secretary;
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1 (B) assist the Commonwealth of Virginia,

2 and any political subdivision thereof, in the

3 management, protection, and interpretation of

4 the natural, cultural, and historical resources

5 within the District, except that the Commission

6 shall in no way infringe upon the authorities

7 and policies of the Commonwealth of Virginia

8 or any political subdivision; and

9 (C) take appropriate action to encourage

10 protection of the natural, cultural, and historic

11 resources within the District by landowners,

12 local governments, organizations, and busi13 nesses.

14 (j) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) IN GENERAL.—From the amounts made

16 available to carry out the National Historic Preser17 vation Act, there are authorized to be appropriated

18 to the Commission not more than $250,000 annually

19 to remain available until expended.

20 (2) ASSISTANCE.—(A) From the amounts made

21 available to carry out the National Historic Preser22 vation Act, there are authorized to be appropriated

23 to the Secretary for grants and technical assistance

24 pursuant to subsections (g)(1), (2), and (3) not
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1 more than $2,000,000 annually to remain available

2 until expended.

3 (B) The Federal share of any funds awarded

4 under subsection (g)(2) may not exceed the amount

5 of non-Federal funds provided for the preservation,

6 interpretation, planning, development, or implemen7 tation with respect to which the grant is awarded.

8 (3) LAND ACQUISITION.—From the amounts

9 made available to carry out the National Historic

10 Preservation Act, there are authorized to be appro11 priated for land acquisition pursuant to subsection

12 (g)(4) not more than $2,000,000 annually to remain

13 available until expended.

14 (4) MANAGEMENT ENTITY.—From the amounts

15 made available to carry out the National Historic

16 Preservation Act, there are authorized to be appro17 priated to the management entity not more than

18 $500,000 annually to remain available until ex19 pended.

20 SEC. 608. WASHITA BATTLEFIELD.

21 (a) FINDINGS AND PURPOSES.—

22 (1) FINDINGS.—The Congress finds that—

23 (A) the Battle of the Washita, November

24 27, 1868, was one of the largest engagements

25 between Plains tribes and the United States
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1 Army on the Southern Great Plains. The site is

2 a registered National Historic Landmark;

3 (B) Lt. Col. George A. Custer, leading the

4 7th United States Calvary, attacked the sleep5 ing Cheyenne village of peace chief Black Ket6 tle. Custer’s attack resulted in more than 150

7 Indian casualties, many of them women and

8 children;

9 (C) the Battle of the Washita symbolizes

10 the struggle of the Southern Great Plains tribes

11 to maintain their traditional lifeways and not to

12 submit to reservation confinement; and

13 (D) the Washita battle site possesses a

14 high degree of integrity and the cultural land15 scape is essentially intact. The Cheyenne village

16 site has not been altered substantially except by

17 periodic flooding of the Washita River.

18 (2) PURPOSES.—The purposes of this section

19 are to—

20 (A) recognize the importance of the Battle

21 of the Washita as a nationally significant ele22 ment of frontier military history and as a sym23 bol of the struggles of the Southern Great

24 Plains tribes to maintain control of their tradi25 tional use areas; and
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1 (B) establish the site of the Battle of the

2 Washita as a national historic site and provide

3 opportunities for American Indian groups in4 cluding the Cheyenne-Arapaho Tribe to be in5 volved in the formulation of plans and edu6 cational programs for the national historic site.

7 (b) ESTABLISHMENT.—

8 (1) IN GENERAL.—In order to provide for the

9 preservation and interpretation of the Battle of the

10 Washita, there is hereby established the Washita

11 Battlefield National Historic Site in the State of

12 Oklahoma (hereafter in this section referred to as

13 the ‘‘national historic site’’).

14 (2) BOUNDARY.—

15 (A) IN GENERAL.—The national historic

16 site shall consist of—

17 (i) approximately 326 acres, as gen18 erally depicted on the map entitled

19 ‘‘Washita Battlefield National Historic

20 Site’’, numbered 22,000A and dated 12/95;

21 and

22 (ii) the private lands subject to con23 servation easements referred to in sub24 section (d)(2).
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1 (B) MAP.—The map referred to in sub2 paragraph (A)(i) shall be on file in the offices

3 of the Director of the National Park Service,

4 Department of the Interior, and other appro5 priate offices of the National Park Service. The

6 Secretary of the Interior (hereafter in this sec7 tion referred to as the ‘‘Secretary’’) may, from

8 time to time, make minor revisions in the

9 boundary of the national historic site in accord10 ance with section 7(c) of the Land and Water

11 Conservation Act of 1965 (16 U.S.C. 460l–4

12 and following).

13 (c) ADMINISTRATION.—

14 (1) IN GENERAL.—The Secretary, acting

15 through the Director of the National Park Service,

16 shall manage the national historic site in accordance

17 with this section and the provisions of law generally

18 applicable to units of the National Park System, in19 cluding ‘‘An Act to establish a National Park Serv20 ice, and for other purposes’’, approved August 25,

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

22 of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–

23 467).
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1 (2) MANAGEMENT PURPOSES.—The Secretary

2 shall manage the national historic site for the follow3 ing purposes, among others:

4 (A) To protect and preserve the national

5 historic site, including the topographic features

6 important to the battle site, artifacts and other

7 physical remains of the battle, and the visual

8 scene as closely as possible as it was at the time

9 of the battle.

10 (B) To interpret the cultural and natural

11 resources of the historic site, providing for pub12 lic understanding and appreciation of the area

13 in such manner as to perpetuate these qualities

14 and values for future generations.

15 (3) CONSULTATION AND TRAINING.—The Sec16 retary, acting through the Director of the National

17 Park Service, shall consult regularly with the Chey18 enne-Arapaho Tribe on the formulation of the man19 agement plan provisions referred to in subsection

20 (e)(5) and on preparation of educational programs

21 provided to the public. The Secretary is authorized

22 to enter into cooperative agreements with the Chey23 enne-Arapaho Tribe, its subordinate boards, commit24 tees, enterprises, and traditional leaders to further

25 the purposes of this Act.
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1 (d) ACQUISITION OF PROPERTY.—

2 (1) PARK BOUNDARIES.—Within the bound3 aries of the national historic site, the Secretary is

4 authorized to acquire lands and interest in lands by

5 donation, purchase with donated or appropriated

6 funds, or exchange, except that—

7 (A) no lands or interest in lands within the

8 historic site may be acquired without the con9 sent of the owner thereof, and

10 (B) lands and interests in lands owned by

11 the State of Oklahoma or any political subdivi12 sion thereof may be acquired only by donation.

13 (2) CONSERVATION EASEMENTS.—The Con14 gress finds that the State of Oklahoma, acting

15 through the Oklahoma Historical Society, will work

16 with local land owners to acquire and hold in per17 petuity conservation easements in the vicinity of the

18 national historic site as deemed necessary for the

19 visual and interpretive integrity of the site. The in20 tent of the easements will be to keep occupancy of

21 the land in private ownership and use of the land in

22 general agriculture.

23 (e) MANAGEMENT PLAN.—Within 5 years after the

24 date funds are made available for purposes of this section,

25 the Secretary, acting through the Director of the National
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1 Park Service, shall prepare a general management plan

2 for the national historic site. The plan shall address, but

3 not be limited to, each of the following:

4 (1) A resource protection program.

5 (2) A visitor use plan including programs and

6 facilities that will be provided for public use, includ7 ing the location and cost of public facilities.

8 (3) A research and curation plan.

9 (4) A highway signing program.

10 (5) Involvement by the Cheyenne-Arapaho

11 Tribe in the formulation of educational programs for

12 the national historic site.

13 (6) Involvement by the State of Oklahoma and

14 other local and national entities willing to share in

15 the responsibilities of developing and supporting the

16 national historic site.

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 for land acquisition and development not more than

20 $5,000,000.

21 TITLE VII—FEES

22 SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

23 (a) The Secretary of Agriculture shall charge a rental

24 charge for all ski area permits issued pursuant to section

25 3 of the National Forest Ski Area Permit Act of 1986
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1 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.

2 1101, chapter 144; 16 U.S.C. 497), or the 9th through

3 20th paragraphs under the heading ‘‘SURVEYING THE

4 PUBLIC LANDS’’ under the heading ‘‘UNDER THE

5 DEPARTMENT OF THE INTERIOR’’ in the Act of

6 June 4, 1897 (30 Stat. 34, chapter 2), on National Forest

7 System lands. Permit rental charges for permits issued

8 pursuant to the National Forest Ski Area Permit Act of

9 1986 shall be calculated as set forth in subsection (b).

10 Permit rental charges for existing ski area permits issued

11 pursuant to the Act of March 4, 1915, and the Act of

12 June 4, 1897, shall be calculated in accordance with those

13 existing permits: Provided, That a permittee may, at the

14 permittee’s option, use the calculation method set forth

15 in subsection (b).

16 (b)(1) The ski area permit rental charge (SAPRC)

17 shall be calculated by adding the permittee’s gross reve18 nues from lift ticket/year-round ski area use pass sales

19 plus revenue from ski school operations (LT+SS) and

20 multiplying such total by the slope transport feet percent21 age (STFP) on National Forest System land. That

22 amount shall be increased by the gross year-round revenue

23 from ancillary facilities (GRAF) physically located on na24 tional forest land, including all permittee or subpermittee

25 lodging, food service, rental shops, parking and other an-
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1 cillary operations, to determine the adjusted gross revenue

2 (AGR) subject to the permit rental charge. The final rent3 al charge shall be calculated by multiplying the AGR by

4 the following percentages for each revenue bracket and

5 adding the total for each revenue bracket:

6 (A) 1.5 percent of all adjusted gross revenue

7 below $3,000,000;

8 (B) 2.5 percent for adjusted gross revenue be9 tween $3,000,000 and $15,000,000;

10 (C) 2.75 percent for adjusted gross revenue be11 tween $15,000,000 and $50,000,000; and

12 (D) 4.0 percent for the amount of adjusted

13 gross revenue that exceeds $50,000,000.

14 Utilizing the abbreviations indicated in this subsection the

15 ski area permit fee (SAPF) formula can be simply illus16 trated as:

SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS

17 (2) In cases where ski areas are only partially located

18 on national forest lands, the slope transport feet percent19 age on national forest land referred to in subsection (b)

20 shall be calculated as generally described in the Forest

21 Service Manual in effect as of January 1, 1992. Revenues

22 from Nordic ski operations shall be included or excluded

23 from the rental charge calculation according to the per24 centage of trails physically located on national forest land.
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1 (3) In order to ensure that the rental charge remains

2 fair and equitable to both the United States and the ski

3 area permittees, the adjusted gross revenue figures for

4 each revenue bracket in paragraph (1) shall be adjusted

5 annually by the percent increase or decrease in the na6 tional Consumer Price Index for the preceding calendar

7 year. No later than 3 years after the date of enactment

8 of this Act and every 5 years thereafter the Secretary shall

9 submit to the Committee on Energy and Natural Re10 sources of the United States Senate and the Committee

11 on Resources of the United States House of Representa12 tives a report analyzing whether the ski area permit rental

13 charge legislated by this Act is returning a fair market

14 value rental to the United States together with any rec15 ommendations the Secretary may have for modifications

16 of the system.

17 (c) The rental charge set forth in subsection (b) shall

18 be due on June 1 of each year and shall be paid or pre19 paid by the permittee on a monthly, quarterly, annual or

20 other schedule as determined appropriate by the Secretary

21 in consultation with the permittee. Unless mutually agreed

22 otherwise by the Secretary and the permittee, the payment

23 or prepayment schedule shall conform to the permittee’s

24 schedule in effect prior to enactment of this Act. To re25 duce costs to the permittee and the Forest Service, the
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1 Secretary shall each year provide the permittee with a

2 standardized form and worksheets (including annual rent3 al charge calculation brackets and rates) to be used for

4 rental charge calculation and submitted with the rental

5 charge payment. Information provided on such forms shall

6 be compiled by the Secretary annually and kept in the Of7 fice of the Chief, United States Forest Service.

8 (d) The ski area permit rental charge set forth in this

9 section shall become effective on June 1, 1996 and cover

10 receipts retroactive to June 1, 1995: Provided however,

11 That if a permittee has paid rental charges for the period

12 June 1, 1995, to June 1, 1996, under the graduated rate

13 rental charge system formula in effect prior to the date

14 of enactment of this Act, such rental charges shall be cred15 ited toward the new rental charge due on June 1, 1996.

16 In order to ensure increasing rental charge receipt levels

17 to the United States during transition from the graduated

18 rate rental charge system formula to the formula of this

19 Act, the rental charge paid by any individual permittee

20 shall be—

21 (1) for the 1995–1996 permit year, either the

22 rental charge paid for the preceding 1994–1995

23 base year or the rental charge calculated pursuant

24 to this Act, whichever is higher;
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1 (2) for the 1996–1997 permit year, either the

2 rental charge paid for the 1994–1995 base year or

3 the rental charge calculated pursuant to this Act,

4 whichever is higher; and

5 (3) for the 1997–1998 permit year, either the

6 rental charge for the 1994–1995 base year or the

7 rental charge calculated pursuant to this Act, which8 ever is higher.

9 If an individual permittee’s adjusted gross revenue for the

10 1995–1996, 1996–1997, or 1997–1998 permit years falls

11 more than 10 percent below the 1994–1995 base year, the

12 rental charge paid shall be the rental charge calculated

13 pursuant to this Act.

14 (e) Under no circumstances shall revenue, or sub15 permittee revenue (other than lift ticket, area use pass,

16 or ski school sales) obtained from operations physically lo17 cated on non-national forest land be included in the ski

18 area permit rental charge calculation.

19 (f) To reduce administrative costs of ski area permit20 tees and the Forest Service the terms ‘‘revenue’’ and

21 ‘‘sales’’, as used in this section, shall mean actual income

22 from sales and shall not include sales of operating equip23 ment, refunds, rent paid to the permittee by sublessees,

24 sponsor contributions to special events or any amounts at25 tributable to employee gratuities or employee lift tickets,
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1 discounts, or other goods or services (except for bartered

2 goods and complimentary lift tickets) for which the per3 mittee does not receive money.

4 (g) In cases where an area of national forest land

5 is under a ski area permit but the permittee does not have

6 revenue or sales qualifying for rental charge payment pur7 suant to subsection (a), the permittee shall pay an annual

8 minimum rental charge of $2 for each national forest acre

9 under permit or a percentage of appraised land value, as

10 determined appropriate by the Secretary.

11 (h) Where the new rental charge provided for in sub12 section (b)(1) results in an increase in permit rental

13 charge greater than one-half of 1 percent of the permit14 tee’s adjusted gross revenue as determined under sub15 section (b)(1), the new rental charge shall be phased in

16 over a five year period in a manner providing for increases

17 of approximately equal increments.

18 (i) To reduce Federal costs in administering the pro19 visions of this Act, the reissuance of a ski area permit

20 to provide activities similar in nature and amount to the

21 activities provided under the previous permit shall not con22 stitute a major Federal action for the purposes of the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 4331

24 et seq.).
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1 (j) Subject to valid existing rights, all lands located

2 within the boundaries of ski area permits issued prior to,

3 on or after the date of enactment of this Act pursuant

4 to authority of the Act of March 4, 1915 (38 Stat. 1101,

5 chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897,

6 or the National Forest Ski Area Permit Act of 1986 (16

7 U.S.C. 497b) are hereby and henceforth automatically

8 withdrawn from all forms of appropriation under the min9 ing laws and from disposition under all laws pertaining

10 to mineral and geothermal leasing and all amendments

11 thereto. Such withdrawal shall continue for the full term

12 of the permit and any modification, reissuance, or renewal

13 thereof. Unless the Secretary requests otherwise of the

14 Secretary of the Interior, such withdrawal shall be can15 celed automatically upon expiration or other termination

16 of the permit and the land automatically restored to all

17 appropriation not otherwise restricted under the public

18 land laws.

19 SEC. 702. DELAWARE WATER GAP.

20 (a) IN GENERAL.—Effective at noon on September

21 30, 2005, the use of Highway 209 within Delaware Water

22 Gap National Recreation Area by commercial vehicles,

23 when such use is not connected with the operation of the

24 recreation area, is prohibited, except as provided in sub25 section (b).
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1 (b) LOCAL BUSINESS USE PROTECTED.—Subsection

2 (a) does not apply with respect to the use of commercial

3 vehicles to serve businesses located within or in the vicinity

4 of the recreation area, as determined by the Secretary.

5 (c) CONFORMING PROVISIONS.—

6 (1) Paragraphs (1) through (3) of the third un7 designated paragraph under the heading ‘‘ADMIN8 ISTRATIVE PROVISIONS’’ in chapter VII of title

9 I of Public Law 98–63 (97 Stat. 329) are repealed,

10 effective September 30, 2005.

11 (2) Prior to noon on September 30, 2005, the

12 Secretary shall collect and utilize a commercial use

13 fee from commercial vehicles in accordance with

14 paragraphs (1) through (3) of such third undesig15 nated paragraph. Such fee shall not exceed $25 per

16 trip.

17 SEC. 703. VISITOR SERVICES.

18 (a) SHORT TITLE.—This section may be cited as the

19 ‘‘Visitor Services Improvement and Outdoor Legacy Act

20 of 1996’’.

21 (b) PURPOSE.—The purpose of this section is to im22 prove the overall quality of the visitor recreation experi23 ence on Federal lands through increased funding provided

24 by an innovative and incentive-based recreation fee pro25 gram combined with an appropriation targeted to meet the
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1 increasing demand for recreational use of the Federal

2 lands.

3 (c) REPEAL OF EXISTING RECREATION FEE PRO4 GRAM AND ESTABLISHMENT OF NEW RECREATION FEE

5 PROGRAM.—Section 4 of the Land and Water Conserva6 tion Fund Act of 1965 (16 U.S.C. 460l–6a) is amended

7 to read as follows:

8 ‘‘RECREATION FEE PROGRAM

9 ‘‘SEC. 4. (a) PROGRAM GOALS AND POLICIES.—

10 ‘‘(1) CONGRESSIONAL GOALS.—It is the policy

11 of Congress that the Federal land management

12 agencies develop and implement high quality recre13 ation programs adequate to meet the needs of the

14 American people and to fund a portion of the cost

15 of providing recreation services through recreation

16 fees.

17 ‘‘(2) ADMINISTRATIVE POLICIES.—The admin18 istering Secretaries shall jointly issue an integrated

19 policy for the establishment and collection of recre20 ation fees under this section. Such policy shall—

21 ‘‘(A) permit flexibility with regard to the

22 amounts charged;

23 ‘‘(B) provide for maximization of the num24 ber of persons who pay fees to ensure that fees

25 remain at the lowest possible level;
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1 ‘‘(C) provide that comparable fees be

2 charged by the several Federal agencies for

3 similar services and facilities;

4 ‘‘(D) provide for the establishment of fees

5 in a manner which is equitable among user

6 groups and which accounts for any other fees,

7 such as commercial tour fees and concession

8 fees, which are paid by user groups and used on

9 Federal lands for recreational purposes;

10 ‘‘(E) define administrative overhead and

11 specify accounting procedures to ensure that

12 administrative overhead is not included in the

13 cost of visitor services provided;

14 ‘‘(F) provide for a uniform procedure for

15 accounting for fees collected under this section;

16 and

17 ‘‘(G) recognize the importance of the con18 venience of the public by avoiding fee programs

19 which are overly complex or which would re20 quire the payment of numerous fees at a par21 ticular area.

22 ‘‘(b) DEFINITIONS.—For the purposes of this section:

23 ‘‘(1) ADMINISTERING SECRETARIES.—The term

24 ‘administering Secretaries’ means—
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1 ‘‘(A) the Secretary of Agriculture with re2 spect to the Forest Service; and

3 ‘‘(B) the Secretary of the Interior with re4 spect to the National Park Service and Bureau

5 of Land Management.

6 ‘‘(2) AGENCY.—The term ‘agency’ means an

7 agency referred to in paragraph (1) (A) or (B).

8 ‘‘(3) AREA.—The term ‘area’ means an admin9 istrative area managed by an agency, such as a unit

10 of the National Park System or a national forest.

11 ‘‘(4) AREA OF CONCENTRATED PUBLIC USE.—

12 The term ‘area of concentrated public use’ means an

13 area or portion of an area which—

14 ‘‘(A) provides developed facilities or serv15 ices necessary to accommodate public use main16 tained at Federal expense;

17 ‘‘(B) contains at least one major visitor at18 traction, including (but not limited to) a lake,

19 river, historical or cultural site, or geologic fea20 ture; and

21 ‘‘(C) provides public access such that ad22 mission fees can be cost-effectively collected.

23 ‘‘(5) RECREATION FEES.—The term ‘recreation

24 fees’ means admission fees, recreation use fees, and
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1 fees granted to Federal agencies from States wheth2 er collected by agency personnel or others.

3 ‘‘(6) ADMISSION FEES.—The term ‘admission

4 fees’ means fees charged for entry into any area des5 ignated by the administering Secretary.

6 ‘‘(7) RECREATION USE FEES.—The term ‘recre7 ation use fees’ means the charge for specialized

8 recreation services or facilities furnished at Federal

9 Government expense, including (but not limited to)

10 campgrounds, boat ramps, and back country camp11 ing by permit.

12 ‘‘(8) VISITOR SERVICES.—The term ‘visitor

13 services’ means services and costs directly associated

14 with management of recreation visitors to Federal

15 lands, including (but not limited to) such programs

16 as maintenance of facilities which serve primarily

17 visitor recreation use (such as campgrounds, scenic

18 roads, trails, visitor centers and picnic areas), public

19 information and interpretation, resource protection

20 directly related to public use (such as stream im21 provement to improve fishing or mitigation of im22 pacts to resources resulting from visitor use), and

23 other activities of personnel assigned predominantly

24 to management of visitors or public safety programs,

25 but not including costs of regional and Washington
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1 headquarters offices or any administrative services

2 such as personnel, budget and finance, and procure3 ment.

4 ‘‘(9) CONCESSION FEES.—The term ‘concession

5 fees’ means fees paid to the United States pursuant

6 to provisions of law other than this section for the

7 privilege of providing concession services, fees paid

8 for the lease of government-owned facilities, and

9 non-Federal amounts paid for construction of visitor

10 facilities.

11 ‘‘(c) ESTABLISHMENT.—

12 ‘‘(1) IN GENERAL.—In order to improve the

13 quality of the visitor experience on Federal lands,

14 the administering Secretaries shall establish and im15 plement a fee program in accordance with this sec16 tion which provides for partial recovery of the costs

17 of visitor services provided through admission fees,

18 recreation use fees, and concession fees. In carrying

19 out such program, the administering Secretaries are

20 authorized and directed to collect admission fees in

21 accordance with this section at areas administered

22 by the National Park Service and areas of con23 centrated public use. In addition, the administering

24 Secretaries shall collect recreation use fees at areas

25 under their administration.
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1 ‘‘(2) FACTORS IN ESTABLISHING AND ADJUST2 ING AMOUNT OF FEES.—(A) All fees established

3 pursuant to this section shall be fair and equitable,

4 taking into consideration the cost to the Federal

5 Government, the benefits to the recipient, the public

6 policy or interest served, the comparable recreation

7 fees charged by other public and private entities, the

8 economic and administrative feasibility of fee collec9 tion, convenience to the recreation user, and other

10 pertinent factors.

11 ‘‘(B) Any adjustments in fees shall take into

12 account the factors specified in subparagraph (A).

13 Any increases in fees shall be on an incremental

14 basis over time.

15 ‘‘(3) PUBLIC COMMENT AND FEDERAL REG16 ISTER NOTICE ON ADMISSION AND COMMERCIAL

17 TOUR FEES.—(A) In the case of public admission

18 fees, the administering Secretaries shall publish in

19 the Federal Register, for a 30-day comment period,

20 a proposed schedule of all changes to such fees not

21 later than six months prior to such fee changes.

22 ‘‘(B) In the case of changes to commercial tour

23 fees or initiating a new commercial tour fee, the ad24 ministering Secretaries shall publish in the Federal

25 Register—
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1 ‘‘(i) for a 30-day comment period, a pro2 posed schedule of all changes in such fees not

3 later than 14 months prior to such fee change

4 or initiation; and

5 ‘‘(ii) a final schedule not later than 12

6 months prior to such fee change or initiation.

7 ‘‘(4) CONTINUATION OF FEE AUTHORITY.—

8 Until an admission or commercial tour fee is initi9 ated and in effect under this section, the admission

10 or commercial tour fee at an area administered by

11 the agencies shall be determined in accordance with

12 the applicable laws in effect on the day before the

13 date of enactment of the Visitor Services Improve14 ment and Outdoor Legacy Act of 1996.

15 ‘‘(5) NOTICE OF FEES.—Clear notice that a fee

16 has been established pursuant to this section, and

17 the amount thereof, shall be prominently posted at

18 appropriate locations in each area and shall be in19 cluded in agency publications distributed with re20 spect to such areas.

21 ‘‘(6) FEE COLLECTION PERSONNEL.—Personnel

22 exclusively assigned to fee collection duties, which

23 are over and above the number of such personnel as24 signed exclusively to fee collection duties on the day

25 prior to enactment of the Visitor Services Improve-
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1 ment and Outdoor Legacy Act of 1996, shall not be

2 counted against any full-time equivalent ceiling es3 tablished for that agency.

4 ‘‘(d) RECREATION FEES.—

5 ‘‘(1) ADMISSION FEES.—Reasonable admission

6 fees for a single visit to any designated area shall be

7 established by the administering Secretary. A ‘single

8 visit’ means a more or less continuous stay within a

9 designated area. Payment of a single visit admission

10 fee shall authorize exits from and reentries to a sin11 gle designated area for a period of from one to fif12 teen days, such period to be defined for each des13 ignated area by the administering Secretary based

14 on a determination of the period of time reasonably

15 and ordinarily necessary for such a single visit. The

16 entrance fee for private parties and commercial

17 tours shall be set in accordance with this section by

18 the administering Secretaries and may be adjusted,

19 taking into account the factors specified in sub20 section (c)(2). The Secretaries shall ensure that

21 where appropriate the admission fee schedule devel22 oped provides economic incentives for use of alter23 native modes of transportation, including mass

24 transportation, at areas experiencing high levels of

25 automobile traffic. The administering Secretaries are
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1 authorized to implement admission fee practices

2 which vary by day of the week, season, expedite

3 entry and reduce congestion. The fee for single ad4 mission visits shall be no greater than $10 per per5 son or $25 per vehicle.

6 ‘‘(2) ANNUAL ADMISSION PERMITS: GOLDEN

7 EAGLE PASSPORT.—

8 ‘‘(A) GOLDEN EAGLE PASSPORT.—For ad9 mission into any area at which admission fees

10 are charged pursuant to this section, an admis11 sion permit, to be known as the ‘Golden Eagle

12 Passport’, valid for a 12-month period, shall be

13 available. The fee for the passport shall be set

14 jointly by the administering Secretaries, taking

15 into account the factors specified in subsection

16 (c)(2). The permittee and all persons accom17 panying the permittee in a single, private, non18 commercial vehicle or, alternatively, the permit19 tee and the permittee’s spouse, children, and

20 parents accompanying the permittee shall be

21 entitled to general admission into any area des22 ignated pursuant to this section. The permit

23 shall be nontransferable, and the unlawful use

24 thereof shall be punishable in accordance with

25 regulations established pursuant to subsection
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1 (g). The permit shall be available for purchase

2 at any such designated area. The fee for a

3 Golden Eagle Passport shall be no greater than

4 $50.

5 ‘‘(B) NON-FEDERAL SALE.—The admin6 istering Secretaries may authorize units of

7 State or local government, organizations, busi8 nesses, and nonprofit entities to sell and collect

9 admission fees, including the Golden Eagle

10 Passport, subject to such conditions as the Sec11 retaries may jointly prescribe. The Secretaries

12 shall develop detailed guidelines for promotional

13 advertising of non-Federal passport sales and

14 monitor compliance with those guidelines. The

15 Secretaries may authorize the seller or sellers to

16 maintain an inventory of Golden Eagle Pass17 ports for periods not to exceed six months and

18 to withhold amounts up to, but not exceeding,

19 eight percent of the gross fees collected from

20 Golden Eagle Passport sales as reimbursement

21 for actual expenses of the sales.

22 ‘‘(C) DISCOUNT FOR PERSONS 62 YEARS

23 OF AGE OR OLDER.—The administering Sec24 retaries shall provide for the sale of the Golden

25 Eagle Passport to persons 62 years of age or
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1 older at a rate which is no more than 50 per2 cent of the established rate for the Golden

3 Eagle Passport. Such passport shall provide the

4 same privileges as any other passport issued

5 pursuant to this subsection, except that such

6 passport shall cover admission only for the pur7 chaser and one accompanying individual.

8 ‘‘(3) ANNUAL GEOGRAPHIC ADMISSION PER9 MITS.—For admission into a specific designated area

10 or into several specific areas located in a particular

11 geographic region at which admission fees are

12 charged pursuant to this section, the administering

13 Secretary or Secretaries are authorized to make

14 available an annual admission permit. The permit

15 shall convey the privileges of, and shall be subject to

16 the same terms and conditions as, the Golden Eagle

17 Passport, except that it shall be valid only for ad18 mission into the specific area or areas indicated at

19 the time of purchase. The fee for an annual geo20 graphic admission permit shall be no greater than

21 $25.

22 ‘‘(4) GOLDEN ACCESS PASSPORT.—The Sec23 retary of the Interior and the Secretary of Agri24 culture shall establish procedures providing for the

25 issuance of a lifetime admission permit to any citi-
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1 zen of, or person legally domiciled in, the United

2 States, if such citizen or person applies for such per3 mit and is permanently disabled. Such procedures

4 shall ensure that a lifetime admission permit shall be

5 issued only to persons who have been medically de6 termined to be permanently disabled. A lifetime ad7 mission permit shall be nontransferable, shall be is8 sued without charge, and shall entitle the permittee

9 and one accompanying individual to general admis10 sion into any area designated pursuant to this sec11 tion, notwithstanding the method of travel.

12 ‘‘(5) RECREATION USE FEES.—Each agency de13 veloping, administering, providing, or furnishing at

14 Federal expense services for such activities as camp15 ing at campgrounds with basic sanitation and public

16 safety services, back country camping under permit,

17 developed swimming sites, boat launch facilities,

18 group activities including picnic sites, managed

19 parking lots, motorized recreation use and other

20 recreation uses, shall in accordance with this section

21 provide for the collection of recreation use fees at

22 the place of use or any reasonably convenient loca23 tion. The administering Secretary may establish

24 both daily and annual recreation use fees. Fees may

25 not be charged by any such agency for the use, ei-
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1 ther singly or in any combination, of drinking water,

2 wayside exhibits, overlook sites, toilet facilities, pic3 nic tables, or visitor centers for areas where admis4 sion fees are charged.

5 ‘‘(6) COMMERCIAL TOUR USE FEE.—(A) For

6 each area for which an admission fee is charged

7 under this section, the administering Secretary shall

8 charge an admission fee for each vehicle entering the

9 area for the purpose of providing commercial tour

10 services. Such admission fees shall be charged on a

11 per vehicle basis and shall be deposited into the spe12 cial account established under subsection (e).

13 ‘‘(B) The administering Secretary shall estab14 lish fees per commercial tour entry as follows:

15 ‘‘(i) $25 per vehicle with a passenger ca16 pacity of 25 persons or less; and

17 ‘‘(ii) $50 per vehicle with a passenger ca18 pacity of 26 or more persons

19 ‘‘(C) The administering Secretary may periodi20 cally make adjustments to such fees in accordance

21 with subsection (c)(3)(B).

22 ‘‘(D) At Grand Canyon, Hawaii Volcanoes, and

23 Haleakala National Parks only, the Secretary of the

24 Interior is authorized to charge a fee for aircraft

25 providing scenic tours of these areas. Fees for such
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1 aircraft use shall be in accordance with subpara2 graph (B), except as provided in subparagraph (E).

3 ‘‘(E) Within 12 months after the date of enact4 ment of the Visitor Services Improvement and Out5 door Legacy Act of 1996, the Secretary of the Inte6 rior and the Secretary of Transportation shall jointly

7 submit a report to the appropriate committees of

8 Congress outlining revisions to the commercial tour

9 fee schedule for aircraft which encourages the use of

10 quiet aircraft technology.

11 ‘‘(7) TRANSPORTATION PROVIDED BY THE SEC12 RETARY.—Where the administering Secretary pro13 vides transportation to visit all or a portion of any

14 area, he may impose a charge for such service in lieu

15 of an admission fee. Collection of such fees may

16 occur at the transportation staging area or any rea17 sonably convenient location, whether inside or out18 side of the area boundary. The administering Sec19 retary may enter into arrangements with qualified

20 public or private entities pursuant to which such en21 tities may collect such fees. Such funds collected

22 shall be retained at the area where the service was

23 provided and expended for costs associated with the

24 transportation system. The charge imposed under
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1 this paragraph shall not exceed the limits established

2 in subsection (d)(1).

3 ‘‘(8) ACCESS PROVIDED BY CONCESSIONER.—

4 Where the primary public access to an area at which

5 an admission fee is charged is provided by a conces6 sioner, the administering Secretary may not charge

7 an admission fee.

8 ‘‘(9) FREE ADMISSION FOR PERSONS 12 YEARS

9 OF AGE OR UNDER.—A person who is 12 years of

10 age or under shall be charged no admission fee at

11 any area at which admission fees are charged.

12 ‘‘(e) ESTABLISHMENT OF ACCOUNTS AND DEPOSIT

13 OF RECREATION FEES.—

14 ‘‘(1) ESTABLISHMENT.—The Secretary of the

15 Treasury shall establish a special account in the

16 Treasury for each agency which collects recreation

17 fees under this section. Within each such account,

18 the administering Secretary shall separately account

19 for receipts and disbursements of funds for each

20 area.

21 ‘‘(2) DEPOSITS.—(A) The administering Sec22 retary shall deposit in each agency account all re23 ceipts from fees collected pursuant to this section by

24 any Federal agency (or by any public or private en25 tity under contract with a Federal agency).
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1 ‘‘(B) All funds from the sale of the Golden

2 Eagle Passport shall be divided among the agencies

3 based on a formula which the administering Sec4 retaries shall devise and which considers total recre5 ation admission fees collected by the agency and

6 total recreation use at designated admission fee

7 areas provided by the agency. Funds from the sale

8 of the Golden Eagle Passport shall be deposited as

9 recreation fees collected into the appropriate agency

10 account.

11 ‘‘(C) All funds from the sale of geographic ad12 mission permits under subsection (d)(3) shall be di13 vided among the areas for which such permits were

14 issued on the basis of visitor use, length of stay, and

15 other pertinent factors as determined by the admin16 istering Secretaries and shall be deposited as recre17 ation fees collected from those areas into the appro18 priate agency account.

19 ‘‘(3) FEE COLLECTION COSTS.—Notwithstand20 ing any other provision of law, the administering

21 Secretary may, in any fiscal year, withdraw from the

22 special account established under paragraph (1) an

23 amount up to 15 percent of all receipts collected

24 under this section in the preceding fiscal year. The

25 amounts so withdrawn shall be retained by the ad-
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1 ministering Secretaries, and shall be available, with2 out further appropriation, for expenditure by the

3 Secretary concerned to cover fee collection costs, and

4 shall remain available until expended. For the pur5 poses of this paragraph, for any fiscal year, the term

6 ‘fee collection costs’ means those costs for personnel

7 and infrastructure directly associated with the collec8 tion of fees imposed under this section.

9 ‘‘(4) USE OF SPECIAL ACCOUNTS.—Amounts

10 covered into the special account for each agency dur11 ing each fiscal year shall be available after the end

12 of such fiscal year for appropriation for visitor serv13 ices, except as provided in paragraphs (3) and (5).

14 Funds credited to the special account shall remain

15 available until expended.

16 ‘‘(5) AVAILABILITY OF RECREATION FEES.—(A)

17 Of amounts deposited in special accounts (as estab18 lished in paragraph (1)) in the Treasury for the Na19 tional Park Service, beginning in fiscal year 1998,

20 100 percent of the amounts earned in the previous

21 year in excess of the following amounts (except for

22 amounts made available for fee collection costs

23 under paragraph (3)) shall be made available to the

24 National Park Service without further appropriation

25 as follows:
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Amount Fiscal year

$85,000,000 ............................................................ 1998

88,000,000 ............................................................ 1999

91,000,000 ............................................................ 2000

94,000,000 ............................................................ 2001

97,000,000 ............................................................ 2002

100,000,000 ............................................................ 2003

103,000,000 ............................................................ 2004

106,000,000 ............................................................ 2005

109,000,000 ............................................................ 2006.

1 ‘‘(B) Of the funds deposited in special accounts

2 (as established in paragraph (1)) in the Treasury for

3 the Forest Service and the Bureau of Land Manage4 ment, beginning in fiscal year 1998 and extending

5 through fiscal year 2006, 100 percent of the

6 amounts earned in the previous year in excess of

7 $10,000,000 and $4,000,000 respectively (except for

8 amounts made available for fee collection costs

9 under paragraph (3)) shall be made available with10 out further appropriations.

11 ‘‘(C) Beginning in fiscal year 2007, and each

12 fiscal year thereafter, the amount which shall be

13 available without further appropriation for each

14 agency shall be the amount in excess of the amounts

15 specified for deposit in the Treasury in fiscal year

16 2006 under subparagraph (A) or (B), as the case

17 may be.

18 ‘‘(6) USE OF RECREATION FEES.—Of the

19 amounts made available without appropriation under

20 paragraph (5), after the application of paragraph
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1 (3), 75 percent shall be allocated among the areas

2 of each agency in the same proportion as fees col3 lected from that specific area bear to the total

4 amount of fees collected from all areas of that agen5 cy for the fiscal year. The remainder of the fees col6 lected pursuant to this section shall be allocated

7 among each agency’s areas on the basis of need as

8 determined by the Secretary. All such funds shall re9 main available until expended. Funds deposited into

10 accounts under this paragraph may only be used (A)

11 to fund visitor services on Federal lands, (B) for re12 pair, rehabilitation, or replacement of visitor use fa13 cilities, and (C) for construction of new facilities as

14 necessary to establish a recreation fee program at

15 any area.

16 ‘‘(f) ENFORCEMENT OF FEE COLLECTION POLI17 CIES.—In accordance with the provisions of this section,

18 the administering Secretaries may prescribe rules and reg19 ulations for areas under their administration for the col20 lection of any fee established pursuant to this section. Per21 sons authorized by the administering Secretaries to en22 force any such rules or regulations issued under this sec23 tion may, within areas under the administration or author24 ity of such administering Secretary and with or, if the of25 fense is committed in his presence, without a warrant, ar-
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1 rest any person who violates such rules and regulations.

2 Any person so arrested may be tried and sentenced by the

3 United States magistrate specifically designated for that

4 purpose by the court by which he was appointed, in the

5 same manner and subject to the same conditions as pro6 vided in subsections (b), (c), (d), and (e) of section 3401

7 of title 18, United States Code. Any violations of the rules

8 and regulations issued under this subsection shall be pun9 ishable by a fine as provided by law.

10 ‘‘(g) NON-FEDERAL RESERVATIONS.—The admin11 istering Secretary, under such terms and conditions as he

12 deems appropriate, may contract with any public or pri13 vate entity to provide visitor reservation services. Any such

14 contract may provide that the contractor shall be per15 mitted to deduct a commission to be fixed by the agency

16 head from the amount charged the public for providing

17 such services and to remit the net proceeds therefrom to

18 the contracting agency.

19 ‘‘(h) USE OF VOLUNTEERS FOR FEE COLLECTION.—

20 When authorized by the administering Secretary, volun21 teers at designated areas may collect fees authorized or

22 established pursuant to this section. The administering

23 Secretary shall ensure that such volunteers have adequate

24 training for this purpose. The administering Secretary

25 may require a surety bond for any such volunteer perform-
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1 ing services under this subsection. Funds available to the

2 collecting agency may be used to cover the cost of any

3 such surety bond.

4 ‘‘(i) MITIGATION OF ANY IMPACTS OF REC5 REATIONAL FEES ON LOW-INCOME INDIVIDUALS.—In

6 carrying out this section, the administering Secretaries

7 shall implement such programs as are necessary to ensure

8 any impacts of recreational fees on low-income persons are

9 minimized. The administering Secretaries shall determine

10 any effects on low-income individuals of recreation use and

11 admission fees and shall jointly submit recommendations

12 to the Congress regarding actions to be taken to resolve

13 such impacts.

14 ‘‘(j) LIMITATIONS ON FEES.—

15 ‘‘(1) ACTIVITIES NOT SUBJECT TO FEES.—

16 Nothing in this section shall be construed to—

17 ‘‘(A) authorize Federal hunting or fishing

18 licenses or fees;

19 ‘‘(B) affect any rights or authority of the

20 States with respect to fish and wildlife;

21 ‘‘(C) authorize the collection of fees from

22 any person who has a right of access for hunt23 ing or fishing privileges under a specific provi24 sion of law or treaty;
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1 ‘‘(D) authorize charges for commercial or

2 other activities not related to recreation; or

3 ‘‘(E) authorize an admission fee or a com4 mercial tour fee at any area for organized

5 school groups on outings conducted for edu6 cational purposes.

7 ‘‘(2) THROUGH TRAVEL.—No admission fee

8 shall be charged for travel by private, noncommercial

9 vehicle or commercial tour vehicle over any national

10 parkway or any road or highway established as a

11 part of the National Federal Aid System, as defined

12 in section 101, title 23, United States Code, which

13 is commonly used by the public as a means of travel

14 between two places either or both of which are out15 side the area. Nor shall any fee be charged for travel

16 by private, noncommercial vehicle over any road or

17 highway to any land in which such person has any

18 property right if such land is within any such des19 ignated area.

20 ‘‘(3) PERSONS CONDUCTING GOVERNMENTAL

21 BUSINESS.—No admission fee shall be charged to

22 persons engaged in the conduct of official Federal,

23 State or local government business or to others au24 thorized by the administering Secretary to conduct

25 administrative duties within the area.
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1 ‘‘(4) LIFETIME ADMISSION PERMITS.—No ad2 mission fee shall be charged under this section to

3 any person who possesses a lifetime admission per4 mit issued under section 4(a)(4) of this Act as in ef5 fect on the day before the date of the enactment of

6 the Visitor Services Improvement and Outdoor Leg7 acy Act of 1996.

8 ‘‘(k) ANNUAL REPORTING REQUIREMENTS.—Re9 ports indicating the number and location of fee collection

10 areas, visitor use statistics, fees collected, and other perti11 nent data, shall be coordinated and compiled by the ad12 ministering Secretaries and transmitted to the Committee

13 on Resources of the United States House of Representa14 tives and the Committee on Energy and Natural Re15 sources of the United States Senate. In order to enable

16 Congress to discern the specific benefits of this section,

17 the agencies shall include in the report area-specific details

18 on what is being accomplished with funds provided pursu19 ant to this section. These reports shall be transmitted an20 nually not later than the submission of the President’s

21 budget under section 1105 of title 31, United States Code,

22 and shall include any recommendations which the Sec23 retaries may have with respect to improving the recreation

24 fee program.
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1 ‘‘(l) EXEMPTION OF FEES.—Amounts collected under

2 this section which exceed the 1995 authorized recreation

3 receipts shall not be taken into account for the purposes

4 of the Act of May 23, 1908, and the Act of March 1, 1911

5 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.

6 501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act

7 of August 8, 1937, and the Act of May 24, 1939 (43

8 U.S.C. 1181f et seq.), the Act of June 14, 1926 (43

9 U.S.C. 869–4), chapter 69 of title 31, United States Code,

10 section 401 of the Act of June 15, 1935 (16 U.S.C. 715s),

11 the Land and Water Conservation Fund Act of 1965 (16

12 U.S.C. 460l–1–4–460l–11), and any other provision of law

13 relating to revenue allocation.’’.

14 (d) CONFORMING AMENDMENTS.—(1)(A)(i) Title I of

15 the Department of the Interior and Related Agencies Ap16 propriations Act, 1994 is amended by striking out the

17 third proviso under the heading ‘‘ADMINISTRATIVE PROVI18 SIONS’’ which is under the heading ‘‘NATIONAL PARK

19 SERVICE’’ (related to recovery of costs associated with spe20 cial use permits).

21 (ii) For those recreational activities for which a fee

22 was charged prior to September 30, 1995, under the provi23 sion of law amended by subparagraph (A), the Secretary

24 may continue to charge and retain all such fees until such

25 park is authorized to charge and retain such fees under
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1 section 4 of the Land and Water Conservation Fund Act

2 of 1965.

3 (B) Section 3 of the Act entitled ‘‘An Act to establish

4 a National Park Service, and for other purposes’’, ap5 proved August 25, 1916 (16 U.S.C. 3), is amended—

6 (i) by inserting ‘‘(a)’’ after ‘‘3.’’; and

7 (ii) by adding at the end the following:

8 ‘‘(b) The Secretary shall publish regulations govern9 ing commercial or nonrecreational special uses of units of

10 the National Park System for which a fee is not author11 ized to be charged under section 4 of the Land and Water

12 Conservation Fund Act of 1965 (16 U.S.C. 460l–6), in13 cluding (but not limited to) such activities as filming, spe14 cial athletic or sporting events, weddings, cultural events

15 and festivals. After adoption of such regulations, the Sec16 retary may retain an amount equal to the direct adminis17 trative costs associated with issuing any permits and man18 aging such activities (including, but not limited to, person19 nel costs, clean up costs, and other special services) for

20 which such permit is issued. Such amounts retained shall

21 be credited to the appropriation current at the time, and

22 may only be spent for activities directly in support of the

23 purposes for which the permit was issued. Such amounts

24 retained are authorized to remain available until ex25 pended.’’.
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1 (2) The following Public Laws are amended as fol2 lows:

3 (A) Section 5(e) of Public Law 87–657 (16

4 U.S.C. 459c–5(e)), as amended, is hereby repealed.

5 (B) Section 3(b) of Public Law 87–750 (16

6 U.S.C. 398e(b)) is hereby repealed.

7 (C) Section 4(e) of Public Law 92–589 (16

8 U.S.C. 460bb–3), as amended, is further amended

9 by striking the first sentence.

10 (D) Section 6(j) of Public Law 95–348 (92

11 Stat. 493) is hereby repealed.

12 (E) Section 207 of Public Law 96–199 (94

13 Stat. 77) is hereby repealed.

14 (F) Section 106 of Public Law 96–287 (94

15 Stat. 600) is amended by striking the last sentence.

16 (G) Section 204 of Public Law 96–287 (94

17 Stat. 601) is amended by striking the last sentence.

18 (H) Section 5 of Public Law 96–428 (94 Stat.

19 1842) is hereby repealed.

20 (I) Public Law 100–55 (101 Stat. 371) is here21 by repealed.

22 (J) Section 203 of the Alaska National Interest

23 Lands Conservation Act shall not apply with respect

24 to charging an admission fee at Denali National

25 Park and Preserve in Alaska.
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1 (e) SAVINGS PROVISION RELATING TO AREAS AD2 MINISTERED BY THE UNITED STATES ARMY CORPS OF

3 ENGINEERS.—Areas at civil works projects administered

4 by the United States Army Corps of Engineers shall be

5 subject to section 4 of the Land and Water Conservation

6 Fund Act of 1965, as in effect immediately before the en7 actment of this Act, in lieu of being subject to the amend8 ments made by this section.

9 (f) APPLICABILITY OF THIS SECTION.—Notwith10 standing any other provision of law, this section and the

11 amendments and repeals made by this section shall apply

12 to all recreation fees charged by the Forest Service, Na13 tional Park Service, and Bureau of Land Management,

14 except for recreation fees charged by the Forest Service

15 pursuant to Public Law 104–134.

16 SEC. 704. GLACIER BAY NATIONAL PARK.

17 Section 3(g) of Public Law 91–383 (16 U.S.C. 1a18 2(g)) is amended by: striking ‘‘and park programs’’ and

19 inserting the following at the end: ‘‘Sixty percent of the

20 fees paid by permittees for the privilege of entering into

21 Glacier Bay for the period beginning on the first full fiscal

22 year foll owing the date of enactment of this sentence shall

23 be deposited into a special account and that such funds

24 shall be available—
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1 ‘‘(1) to the extent determined necessary, to ac2 quire and preposition necessary and adequate emer3 gency response equipment to prevent harm or the

4 threat of harm to aquatic park resources from per5 mittees; and

6 ‘‘(2) to conduct investigations to quantify any

7 effect of permittees’ activity on wildlife and other

8 natural resource values of Glacier Bay National

9 Park. The investigations provided for in this sub10 section shall be designed to provide information of

11 value to the Secretary, in determining any appro12 priate limitations on permittees’ activity in Glacier

13 Bay. The Secretary shall protect park resources

14 through limitations on permittees in Glacier Bay

15 only if the need for such limitations is based on sub16 stantial verifiable scientific information, including,

17 but not limited to, information made available

18 through the investigations under this subsection.

19 The Secretary may not impose any additional per20 mittee operating conditions in the areas of air,

21 water, and oil pollution beyond those determined and

22 enforced by other appropriate agencies. When com23 petitively awarding permits to enter Glacier Bay, the

24 Secretary may take into account the relative impact

25 particular permittees will have on park values and
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1 resources, provided that no operating conditions or

2 limitations relating to noise abatement shall be im3 posed unless the Secretary determines, based on the

4 weight of the evidence from all available studies in5 cluding verifiable scientific information from the in6 vestigations provided for in this subsection, that

7 such limitations or conditions are necessary to pro8 tect park values and resources. Fees paid by certain

9 permittees for the privilege of entering into Glacier

10 Bay shall not exceed $5 per passenger. For the pur11 poses of this subsection, ‘certain permittee’ shall

12 mean a permittee which provides overnight accom13 modations for at least 500 passengers for an itin14 erary of at least 3 nights, and ‘permittee’ shall mean

15 a concessionaire providing visitor services within

16 Glacier Bay. Nothing in this subsection authorizes

17 the Secretary to require additional categories of per18 mits in Glacier Bay National Park.’’.

19 TITLE VIII—MISCELLANEOUS

20 ADMINISTRATIVE AND MAN21 AGEMENT PROVISIONS

22 SEC. 801. LIMITATION ON PARK BUILDINGS.

23 The 10th undesignated paragraph (relating to a limi24 tation on the expenditure of funds for park buildings)

25 under the heading ‘‘MISCELLANEOUS OBJECTS, DEPART-
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1 MENT OF THE INTERIOR’’, which appears under the head2 ing ‘‘UNDER THE DEPARTMENT OF THE INTERIOR’’, as

3 contained in the first section of the Act of August 24,

4 1912 (37 Stat. 460), as amended (16 U.S.C. 451), is here5 by repealed.

6 SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF

7 CHILDREN.

8 The first section of the Act of August 7, 1946 (16

9 U.S.C. 17j–2), is amended by adding at the end the follow10 ing:

11 ‘‘(j) Provide transportation for children in nearby

12 communities to and from any unit of the National Park

13 System used in connection with organized recreation and

14 interpretive programs of the National Park Service.’’.

15 SEC. 803. FERAL BURROS AND HORSES.

16 (a) VEHICLES AND AIRCRAFT.—Section 9 of the Act

17 of December 15, 1971 (16 U.S.C. 1338a), is amended by

18 adding at the end thereof the following: ‘‘Nothing in this

19 title shall be deemed to limit the authority of the Secretary

20 in the management of units of the National Park System,

21 and the Secretary may, without regard either to the provi22 sions of this title, or the provisions of section 47(a) of title

23 18, United States Code, use motor vehicles, fixed-wing air24 craft, or helicopters, or to contract for such use, in fur25 therance of the management of the National Park System,
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1 and section 47(a) of title 18, United States Code, shall

2 be applicable to such use.’’.

3 (b) OZARK NATIONAL SCENIC RIVERWAYS.—Section

4 7 of the Act entitled ‘‘An Act to provide for the establish5 ment of the Ozark National Scenic Riverways in the State

6 of Missouri, and for other purposes’’, approved August 27,

7 1964 (16 U.S.C. 460m–6), is amended to read as follows:

8 ‘‘SEC. 7. (a) The Secretary, in accordance with this

9 section, shall allow free-roaming horses in the Ozark Na10 tional Scenic Riverways. Within 180 days after enactment

11 of this section, the Secretary shall enter into an agreement

12 with the Missouri Wild Horse League or another qualified

13 nonprofit entity to provide for management of free-roam14 ing horses. The agreement shall provide for cost-effective

15 management of the horses and limit Federal expenditures

16 to the costs of monitoring the agreement. The Secretary

17 shall issue permits for adequate pastures to accommodate

18 the historic population level of the free-roaming horse

19 herd, which shall be not less than the number of horses

20 in existence on the date of the enactment of this section

21 nor more than 50.

22 ‘‘(b) The Secretary may not remove, or assist in, or

23 permit the removal of any free-roaming horses from Fed24 eral lands within the boundary of the Ozark National Sce25 nic Riverways unless—
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1 ‘‘(1) the entity with whom the Secretary has

2 entered into the agreement under subsection (a), fol3 lowing notice and a 90-day response period, substan4 tially fails to meet the terms and conditions of the

5 agreement;

6 ‘‘(2) the number of free-roaming horses exceeds

7 50; or

8 ‘‘(3) in the case of an emergency or to protect

9 public health and safety, as defined in the agree10 ment.

11 ‘‘(c) Nothing in this section shall be construed as cre12 ating liability for the United States for any damages

13 caused by the free-roaming horses to property located in14 side or outside the boundaries of the Ozark National Sce15 nic Riverways.’’.

16 SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTE17 RIOR RELATING TO MUSEUMS.

18 (a) FUNCTIONS.—The Act entitled ‘‘An Act to in19 crease the public benefits from the National Park System

20 by facilitating the management of museum properties re21 lating thereto, and for other purposes’’ approved July 1,

22 1955 (16 U.S.C. 18f), is amended—

23 (1) in subsection (b) of the first section, by

24 striking out ‘‘from such donations and bequests of

25 money’’; and
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1 (2) by adding at the end thereof the following:

2 ‘‘SEC. 2. ADDITIONAL FUNCTIONS.

3 ‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.—In ad4 dition to the functions specified in the first section of this

5 Act, the Secretary of the Interior may perform the follow6 ing functions in such manner as he shall consider to be

7 in the public interest:

8 ‘‘(1) Transfer museum objects and museum col9 lections that the Secretary determines are no longer

10 needed for museum purposes to qualified Federal

11 agencies, including the Smithsonian Institution, that

12 have programs to preserve and interpret cultural or

13 natural heritage, and accept the transfer of museum

14 objects and museum collections for the purposes of

15 this Act from any other Federal agency, without re16 imbursement. The head of any other Federal agency

17 may transfer, without reimbursement, museum ob18 jects and museum collections directly to the adminis19 trative jurisdiction of the Secretary of the Interior

20 for the purpose of this Act.

21 ‘‘(2) Convey museum objects and museum col22 lections that the Secretary determines are no longer

23 needed for museum purposes, without monetary con24 sideration but subject to such terms and conditions

25 as the Secretary deems necessary, to private institu-
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1 tions exempt from Federal taxation under section

2 501(c)(3) of the Internal Revenue Code of 1986 and

3 to non-Federal governmental entities if the Secretary

4 determines that the recipient is dedicated to the

5 preservation and interpretation of natural or cultural

6 heritage and is qualified to manage the property,

7 prior to any conveyance under this subsection.

8 ‘‘(3) Destroy or cause to be destroyed museum

9 objects and museum collections that the Secretary

10 determines to have no scientific, cultural, historic,

11 educational, esthetic, or monetary value.

12 ‘‘(b) REVIEW AND APPROVAL.—The Secretary shall

13 ensure that museum collections are treated in a careful

14 and deliberate manner that protects the public interest.

15 Prior to taking any action under subsection (a), the Sec16 retary shall establish a systematic review and approval

17 process, including consultation with appropriate experts,

18 that meets the highest standards of the museum profes19 sion for all actions taken under this section.’’.

20 (b) APPLICATION AND DEFINITIONS.—The Act enti21 tled ‘‘An Act to increase the public benefits from the Na22 tional Park System by facilitating the management of mu23 seum properties relating thereto, and for other purposes’’

24 approved July 1, 1955 (16 U.S.C. 18f), as amended by
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1 subsection (a), is further amended by adding the following

2 after section 2:

3 ‘‘SEC. 3. APPLICATION AND DEFINITIONS.

4 ‘‘(a) APPLICATION.—Authorities in this Act shall be

5 available to the Secretary of the Interior with regard to

6 museum objects and museum collections that were under

7 the administrative jurisdiction of the Secretary for the

8 purposes of the National Park System before the date of

9 enactment of this section as well as those museum objects

10 and museum collections that may be acquired on or after

11 such date.

12 ‘‘(b) DEFINITION.—For the purposes of this Act, the

13 terms ‘museum objects’ and ‘museum collections’ mean

14 objects that are eligible to be or are made part of a mu15 seum, library, or archive collection through a formal proce16 dure, such as accessioning. Such objects are usually mov17 able and include but are not limited to prehistoric and his18 toric artifacts, works of art, books, documents, photo19 graphs, and natural history specimens.’’.

20 SEC. 805. VOLUNTEERS IN PARKS INCREASE.

21 Section 4 of the Volunteers in the Parks Act of 1969

22 (16 U.S.C. 18j) is amended by striking out ‘‘$1,000,000’’

23 and inserting in lieu thereof ‘‘$3,500,000’’.
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1 SEC. 806. KATMAI NATIONAL PARK AGREEMENTS.

2 (a) IN GENERAL.—Section 3 of the Act entitled ‘‘An

3 Act to improve the administration of the National Park

4 System by the Secretary of the Interior, and to clarify the

5 authorities applicable to the system, and for other pur6 poses’’ approved August 18, 1970 (16 U.S.C. 1a–2), is

7 amended—

8 (1) in paragraph (i), by striking the period at

9 the end thereof and inserting in lieu thereof ‘‘; and’’;

10 and

11 (2) by adding at the end thereof the following:

12 ‘‘(j) enter into cooperative agreements with public or

13 private educational institutions, States, and their political

14 subdivisions, for the purpose of developing adequate, co15 ordinated, cooperative research and training programs

16 concerning the resources of the National Park System,

17 and, pursuant to any such agreements, to accept from and

18 make available to the cooperator such technical and sup19 port staff, financial assistance for mutually agreed upon

20 research projects, supplies and equipment, facilities, and

21 administrative services relating to cooperative research

22 units as the Secretary deems appropriate; except that this

23 paragraph shall not waive any requirements for research

24 projects that are subject to the Federal procurement regu25 lations.’’.
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1 (b) VOLCANOLOGICAL RESEARCH IN KATMAI NA2 TIONAL PARK.—Title II of the Alaska National Interest

3 Lands Conservation Act (94 Stat. 2377 et seq.) is amend4 ed by adding at the end the following new section:

5 ‘‘SEC. 207. VOLCANOLOGICAL RESEARCH IN KATMAI NA6 TIONAL PARK.

7 ‘‘The Secretary of Interior shall permit personnel,

8 under the direction of the United States Geological Sur9 vey, to conduct research activities within Katmai National

10 Park for the purpose of obtaining rock and core samples

11 from the 1912 eruption and to make subsurface measure12 ments for volcanological research.’’.

13 SEC. 807. CARL GARNER FEDERAL LANDS CLEANUP DAY.

14 The Federal Lands Cleanup Act of 1985 (36 U.S.C.

15 169i–169i–1) is amended by striking the terms ‘‘Federal

16 Lands Cleanup Day’’ each place it appears and inserting

17 ‘‘Carl Garner Federal Lands Cleanup Day’’.

18 SEC. 808. FORT PULASKI NATIONAL MONUMENT, GEORGIA.

19 Section 4 of the Act of June 26, 1936 (ch. 844; 49

20 Stat. 1979), is amended by striking ‘‘: Provided, That’’

21 and all that follows and inserting a period.

22 SEC. 809. LAURA C. HUDSON VISITOR CENTER.

23 (a) DESIGNATION.—The visitor center at Jean La24 fitte National Historical Park, located at 419 Rue Decatur
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1 in New Orleans, Louisiana, is hereby designated as the

2 ‘‘Laura C. Hudson Visitor Center’’.

3 (b) LEGAL REFERENCES.—Any reference in any law,

4 regulation, paper, record, map, or any other document of

5 the United States to the visitor center referred to in sub6 section (a) shall be deemed to be a reference to the ‘‘Laura

7 C. Hudson Visitor Center’’.

8 SEC. 810. ROBERT J. LAGOMARSINO VISITOR CENTER.

9 (a) DESIGNATION.—The visitor center at the Channel

10 Islands National Park, California, is designated as the

11 ‘‘Robert J. Lagomarsino Visitor Center’’.

12 (b) LEGAL REFERENCES.—Any reference in any law,

13 regulation, document, record, map, or other document of

14 the United States to the visitor center referred to in sec15 tion 301 is deemed to be a reference to the ‘‘Robert J.

16 Lagomarsino Visitor Center’’.

17 SEC. 811. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED

18 BOUNDARY OF ROCKY MOUNTAIN NATIONAL

19 PARK.

20 The Secretary of the Interior is authorized to collect

21 and expend donated funds and expend appropriated funds

22 for the operation and maintenance of a visitor center to

23 be constructed for visitors to and administration of Rocky

24 Mountain National Park with private funds on privately

25 owned lands located outside the boundary of the park.
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1 SEC. 812. DAYTON AVIATION.

2 Section 201(b) of the Dayton Aviation Heritage Pres3 ervation Act of 1992 (Public Law 102–419, approved Oc4 tober 16, 1992), is amended as follows:

5 (1) In paragraph (2), by striking ‘‘from rec6 ommendations’’ and inserting ‘‘after consideration of

7 recommendations’’.

8 (2) In paragraph (4), by striking ‘‘from rec9 ommendations’’ and inserting ‘‘after consideration of

10 recommendations’’.

11 (3) In paragraph (5), by striking ‘‘from rec12 ommendations’’ and inserting ‘‘after consideration of

13 recommendations’’.

14 (4) In paragraph (6), by striking ‘‘from rec15 ommendations’’ and inserting ‘‘after consideration of

16 recommendations’’.

17 (5) In paragraph (7), by striking ‘‘from rec18 ommendations’’ and inserting ‘‘after consideration of

19 recommendations’’.

20 SEC. 813. PROHIBITION ON CERTAIN TRANSFERS OF NA21 TIONAL FOREST LANDS.

22 After the date of the enactment of this Act the Sec23 retary of Agriculture shall not transfer (by exchange or

24 otherwise) any lands owned by the United States and

25 managed by the Secretary as part of the Angeles National

26 Forest to any person unless the instrument of conveyance
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1 contains a restriction, enforceable by the Secretary, on the

2 future use of such land prohibiting the use of any portion

3 of such land as a solid waste landfill. Such restriction shall

4 be promptly enforced by the Secretary when and if a viola5 tion of the restriction occurs.

6 SEC. 814. GRAND LAKE CEMETERY.

7 (a) AGREEMENT.—Notwithstanding any other law,

8 not later than 6 months after the date of enactment of

9 this Act, the Secretary of the Interior shall enter into an

10 appropriate form of agreement with the town of Grand

11 Lake, Colorado, authorizing the town to maintain perma12 nently, under appropriate terms and conditions, a ceme13 tery within the boundaries of the Rocky Mountain Na14 tional Park.

15 (b) CEMETERY BOUNDARIES.—The cemetery shall be

16 comprised of approximately 5 acres of land, as generally

17 depicted on the map entitled ‘‘Grand Lake Cemetery’’ and

18 dated February 1995.

19 (c) AVAILABILITY FOR PUBLIC INSPECTION.—The

20 Secretary of the Interior shall place the map described in

21 subsection (b) on file, and make the map available for pub22 lic inspection, in the headquarters office of the Rocky

23 Mountain National Park.
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1 (d) LIMITATION.—The cemetery shall not be ex2 tended beyond the boundaries of the cemetery shown on

3 the map described in subsection (b).

4 SEC. 815. NATIONAL PARK SERVICE ADMINISTRATIVE RE5 FORM.

6 (a) NATIONAL PARK SERVICE HOUSING IMPROVE7 MENT.—

8 (1) PURPOSES.—The purposes of this section

9 are—

10 (A) to develop where necessary an ade11 quate supply of quality housing units for field

12 employees of the National Park Service within

13 a reasonable time frame;

14 (B) to expand the alternatives available for

15 construction and repair of essential government

16 housing;

17 (C) to rely on the private sector to finance

18 or supply housing in carrying out this section,

19 to the maximum extent possible, in order to re20 duce the need for Federal appropriations;

21 (D) to ensure that adequate funds are

22 available to provide for long-term maintenance

23 needs of field employee housing; and

24 (E) to eliminate unnecessary government

25 housing and locate such housing as is required
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1 in a manner such that primary resource values

2 are not impaired.

3 (2) GENERAL AUTHORITY.—To enhance the

4 ability of the Secretary of the Interior (hereafter in

5 this subsection referred to as ‘‘the Secretary’’), act6 ing through the Director of the National Park Serv7 ice, to effectively manage units of the National Park

8 System, the Secretary is authorized where necessary

9 and justified to make available employee housing, on

10 or off the lands under the administrative jurisdiction

11 of the National Park Service, and to rent or lease

12 such housing to field employees of the National Park

13 Service at rates based on the reasonable value of the

14 housing in accordance with requirements applicable

15 under section 5911 of title 5, United States Code.

16 (3) REVIEW AND REVISION OF HOUSING CRI17 TERIA.—Upon the enactment of this Act, the Sec18 retary shall review and revise the existing criteria

19 under which housing is provided to employees of the

20 National Park Service. Specifically, the Secretary

21 shall examine the existing criteria with respect to

22 what circumstances the National Park Service re23 quires an employee to occupy Government quarters

24 to provide necessary services, protect Government
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1 property, or because of a lack of availability of non2 Federal housing in the geographic area.

3 (4) SUBMISSION OF REPORT.—A report detail4 ing the results of the revisions required by para5 graph (3) shall be submitted to the Committee on

6 Resources of the House of Representatives and the

7 Committee on Energy and Natural Resources of the

8 Senate not later than 180 days after the date of the

9 enactment of this Act. The report shall include jus10 tifications for keeping, or for changing, each of the

11 criteria or factors used by the Department of the In12 terior with regard to the provision of housing to em13 ployees of the National Park Service.

14 (5) REVIEW OF CONDITION OF AND COSTS RE15 LATING TO HOUSING.—Using the revised criteria de16 veloped under paragraph (3), the Secretary shall un17 dertake a review, for each unit of the National Park

18 System, of existing Government-owned housing pro19 vided to employees of the National Park Service.

20 The review shall include an assessment of the phys21 ical condition of such housing and the suitability of

22 such housing to effectively carry out the missions of

23 the Department of the Interior and the National

24 Park Service. For each unit of such housing, the

25 Secretary shall determine whether the unit is needed
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1 and justified. The review shall include estimates of

2 the cost of bringing each such unit that is needed

3 and justified into usable condition that meets all ap4 plicable legal housing requirements or, if the unit is

5 determined to be obsolete but is still warranted to

6 carry out the missions of the Department of the In7 terior and the National Park Service, the cost of re8 placing the unit.

9 (6) AUTHORIZATION FOR HOUSING AGREE10 MENTS.—For those units of the National Park Sys11 tem for which the review required by paragraphs (3)

12 and (5) has been completed, the Secretary is author13 ized, pursuant to the authorities contained in this

14 subsection and subject to the appropriation of nec15 essary funds in advance, to enter into housing agree16 ments with housing entities under which such hous17 ing entities may develop, construct, rehabilitate, or

18 manage housing, located on or off public lands, for

19 rent or lease to National Park Service employees

20 who meet the housing eligibility criteria developed by

21 the Secretary pursuant to this Act.

22 (7) JOINT PUBLIC-PRIVATE SECTOR HOUSING

23 PROGRAMS.—
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1 (A) LEASE TO BUILD PROGRAM.—Subject

2 to the appropriation of necessary funds in ad3 vance, the Secretary may—

4 (i) lease Federal land and interests in

5 land to qualified persons for the construc6 tion of field employee quarters for any pe7 riod not to exceed 50 years; and

8 (ii) lease developed and undeveloped

9 non-Federal land for providing field em10 ployee quarters.

11 (B) COMPETITIVE LEASING.—Each lease

12 under subparagraph (A)(i) shall be awarded

13 through the use of publicly advertised, competi14 tively bid, or competitively negotiated contract15 ing procedures.

16 (C) TERMS AND CONDITIONS.—Each lease

17 under subparagraph (A)(i)—

18 (i) shall stipulate whether operation

19 and maintenance of field employee quar20 ters is to be provided by the lessee, field

21 employees or the Federal Government;

22 (ii) shall require that the construction

23 and rehabilitation of field employee quar24 ters be done in accordance with the re25 quirements of the National Park Service
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1 and local applicable building codes and in2 dustry standards;

3 (iii) shall contain such additional

4 terms and conditions as may be appro5 priate to protect the Federal interest, in6 cluding limits on rents the lessee may

7 charge field employees for the occupancy of

8 quarters, conditions on maintenance and

9 repairs, and agreements on the provision of

10 charges for utilities and other infrastruc11 ture; and

12 (iv) may be granted at less than fair

13 market value if the Secretary determines

14 that such lease will improve the quality

15 and availability of field employee quarters

16 available.

17 (D) CONTRIBUTIONS BY UNITED

18 STATES.—The Secretary may make payments,

19 subject to appropriations, or contributions in

20 kind either in advance of or on a continuing

21 basis to reduce the costs of planning, construc22 tion, or rehabilitation of quarters on or off Fed23 eral lands under a lease under this paragraph.

24 (8) RENTAL GUARANTEE PROGRAM.—
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1 (A) GENERAL AUTHORITY.—Subject to the

2 appropriation of necessary funds in advance,

3 the Secretary may enter into a lease to build

4 arrangement as set forth in paragraph (7) with

5 further agreement to guarantee the occupancy

6 of field employee quarters constructed or reha7 bilitated under such lease. A guarantee made

8 under this paragraph shall be in writing.

9 (B) LIMITATIONS.—The Secretary may not

10 guarantee—

11 (i) the occupancy of more than 75

12 percent of the units constructed or reha13 bilitated under such lease; and

14 (ii) at a rental rate that exceeds the

15 rate based on the reasonable value of the

16 housing in accordance with requirements

17 applicable under section 5911 of title 5,

18 United States Code.

19 In no event shall outstanding guarantees be in

20 excess of $3,000,000.

21 (C) RENTAL TO GOVERNMENT EMPLOY22 EES.—A guarantee may be made under this

23 subsection only if the lessee agrees to permit

24 the Secretary to utilize for housing purposes

25 any units for which the guarantee is made.
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1 (D) FAILURE TO MAINTAIN A SATISFAC2 TORY LEVEL OF OPERATION AND MAINTE3 NANCE.—The lease shall be null and void if the

4 lessee fails to maintain a satisfactory level of

5 operation and maintenance.

6 (9) JOINT DEVELOPMENT AUTHORITY.—The

7 Secretary may use authorities granted by statute in

8 combination with one another in the furtherance of

9 providing where necessary and justified affordable

10 field employee housing.

11 (10) CONTRACTS FOR THE MANAGEMENT OF

12 FIELD EMPLOYEE QUARTERS.—

13 (A) GENERAL AUTHORITY.—Subject to the

14 appropriation of necessary funds in advance,

15 the Secretary may enter into contracts of any

16 duration for the management, repair, and main17 tenance of field employee quarters.

18 (B) TERMS AND CONDITIONS.—Any such

19 contract shall contain such terms and condi20 tions as the Secretary deems necessary or ap21 propriate to protect the interests of the United

22 States and assure that necessary quarters are

23 available to field employees.

24 (11) LEASING OF SEASONAL EMPLOYEE QUAR25 TERS.—
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1 (A) GENERAL AUTHORITY.—Subject to

2 subparagraph (B), the Secretary may lease

3 quarters at or near a unit of the national park

4 system for use as seasonal quarters for field

5 employees. The rent charged to field employees

6 under such a lease shall be a rate based on the

7 reasonable value of the quarters in accordance

8 with requirements applicable under section

9 5911 of title 5, United States Code.

10 (B) LIMITATION.—The Secretary may only

11 issue a lease under subparagraph (A) if the

12 Secretary finds that there is a shortage of ade13 quate and affordable seasonal quarters at or

14 near such unit and that—

15 (i) the requirement for such seasonal

16 field employee quarters is temporary; or

17 (ii) leasing would be more cost effec18 tive than construction of new seasonal field

19 employee quarters.

20 (C) UNRECOVERED COSTS.—The Secretary

21 may pay the unrecovered costs of leasing sea22 sonal quarters under this paragraph from an23 nual appropriations for the year in which such

24 lease is made.
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1 (12) SURVEY OF EXISTING FACILITIES.—The

2 Secretary shall—

3 (A) complete a condition assessment for all

4 field employee housing, including the physical

5 condition of such housing and the necessity and

6 suitability of such housing for carrying out the

7 agency mission, using existing information; and

8 (B) develop an agency-wide priority listing,

9 by structure, identifying those units in greatest

10 need for repair, rehabilitation, replacement, or

11 initial construction.

12 (13) USE OF HOUSING-RELATED FUNDS.—Ex13 penditure of any funds authorized and appropriated

14 for new construction, repair, or rehabilitation of

15 housing under this section shall follow the housing

16 priority listing established by the agency under para17 graph (13), in sequential order, to the maximum ex18 tent practicable.

19 (14) ANNUAL BUDGET SUBMITTAL.—The Presi20 dent’s proposed budget to Congress for the first fis21 cal year beginning after enactment of this Act, and

22 for each subsequent fiscal year, shall include identi23 fication of nonconstruction funds to be spent for Na24 tional Park Service housing maintenance and oper-
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1 ations which are in addition to rental receipts col2 lected.

3 (15) STUDY OF HOUSING ALLOWANCES.—With4 in 12 months after the date of enactment of this

5 Act, the Secretary shall conduct a study to deter6 mine the feasibility of providing eligible employees of

7 the National Park Service with housing allowances

8 rather than government housing. The study shall

9 specifically examine the feasibility of providing rent10 al allowances to temporary and lower paid perma11 nent employees. Whenever the Secretary submits a

12 copy of such study to the Office of Management and

13 Budget, he shall concurrently transmit copies of the

14 report to the Resources Committee of the United

15 States House of Representatives and the Committee

16 on Energy and Natural Resources of the United

17 States Senate.

18 (16) STUDY OF SALE OF EMPLOYEE HOUS19 ING.—Within 18 months of the date of the enact20 ment of the Act, the Secretary shall complete a

21 study of the sale of Government quarters to a coop22 erative consisting of field employees. The Secretary

23 shall examine the potential benefits to the Govern24 ment as well as the employees and any risks associ25 ated with such a program.
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1 (17) GENERAL PROVISIONS.—

2 (A) CONSTRUCTION LIMITATIONS ON FED3 ERAL LANDS.—The Secretary may not utilize

4 any lands for the purposes of providing field

5 employee housing under this section which will

6 impact primary resource values of the area or

7 adversely affect the mission of the agency.

8 (B) RENTAL RATES.—To the extent prac9 ticable, the Secretary shall establish rental rates

10 for all quarters occupied by field employees of

11 the National Park Service that are based on the

12 reasonable value of the quarters in accordance

13 with requirements applicable under section

14 5911 of title 5, United States Code.

15 (C) EXEMPTION FROM LEASING REQUIRE16 MENTS.—The provisions of section 5 of the Act

17 of July 15, 1968 (82 Stat. 354, 356; 16 U.S.C.

18 460l–22), and section 321 of the Act of June

19 30, 1932 (40 U.S.C. 303b; 47 Stat. 412), shall

20 not apply to leases issued by the Secretary

21 under this section.

22 (18) PROCEEDS.—The proceeds from any lease

23 under paragraph (7)(A)(i)(I), any lease under para24 graph (11)(B), and any lease of seasonal quarters

25 under subsection (l), shall be retained by the Na-
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1 tional Park Service. Such proceeds shall be deposited

2 into the special fund established for maintenance

3 and operation of quarters.

4 (19) DEFINITIONS.—For purposes of this sub5 section:

6 (A) The term ‘‘field employee’’ means—

7 (i) an employee of the National Park

8 Service who is exclusively assigned by the

9 National Park Service to perform duties at

10 a field unit, and the members of their fam11 ily; and

12 (ii) other individuals who are author13 ized to occupy Government quarters under

14 section 5911 of title 5, United States

15 Code, and for whom there is no feasible al16 ternative to the provision of Government

17 housing, and the members of their family.

18 (B) The term ‘‘land management agency’’

19 means the National Park Service, Department

20 of the Interior.

21 (C) The term ‘‘primary resource values’’

22 means resources which are specifically men23 tioned in the enabling legislation for that field

24 unit or other resource value recognized under

25 Federal statute.
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1 (D) The term ‘‘quarters’’ means quarters

2 owned or leased by the Government.

3 (E) The term ‘‘seasonal quarters’’ means

4 quarters typically occupied by field employees

5 who are hired on assignments of 6 months or

6 less.

7 (b) MINOR BOUNDARY REVISION AUTHORITY.—Sec8 tion 7(c) of the Land and Water Conservation Fund Act

9 of 1965 (16 U.S.C. 460l–9(c)) is amended as follows:

10 (1) In the first sentence, by striking ‘‘Commit11 tee on Natural’’ and inserting ‘‘Committee on’’.

12 (2)(A) By striking ‘‘: Provided, however,’’ and

13 all that follows through ‘‘1965’’; and

14 (B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by in15 serting at the end the following:

16 ‘‘(2) For the purposes of clause (i) of paragraph (1),

17 in all cases except the case of technical boundary revisions

18 (resulting from such causes as survey error or changed

19 road alignments), the authority of the Secretary under

20 such clause (i) shall apply only if each of the following

21 conditions is met:

22 ‘‘(A) The sum of the total acreage of lands, wa23 ters, and interests therein to be added to the area

24 and the total such acreage to be deleted from the

25 area is not more than 5 percent of the total Federal
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1 acreage authorized to be included in the area and is

2 less than 200 acres in size.

3 ‘‘(B) The acquisition, if any, is not a major

4 Federal action significantly affecting the quality of

5 the human environment, as determined by the Sec6 retary.

7 ‘‘(C) The sum of the total appraised value of

8 the lands, water, and interest therein to be added to

9 the area and the total appraised value of the lands,

10 waters, and interests therein to be deleted from the

11 area does not exceed $750,000.

12 ‘‘(D) The proposed boundary revision is not an

13 element of a more comprehensive boundary modifica14 tion proposal.

15 ‘‘(E) The proposed boundary has been subject

16 to a public review and comment period.

17 ‘‘(F) The Director of the National Park Service

18 obtains written consent for the boundary modifica19 tion from all property owners whose lands, water, or

20 interests therein, or a portion of whose lands, water,

21 or interests therein, will be added to or deleted from

22 the area by the boundary modification.

23 ‘‘(G) The lands are adjacent to other Federal

24 lands administered by the Director of the National

25 Park Service.
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1 Minor boundary revisions involving only deletions of acre2 age owned by the Federal Government and administered

3 by the National Park Service may be made only by Act

4 of Congress.’’.

5 (c) AUTHORIZATION FOR PARK FACILITIES TO BE

6 LOCATED OUTSIDE THE BOUNDARIES OF ZION NATIONAL

7 PARK.—In order to facilitate the administration of Zion

8 National Park, the Secretary of the Interior is authorized,

9 under such terms and conditions as he may deem advis10 able, to expend donated or appropriated funds for the es11 tablishment of essential facilities for park administration

12 and visitor use outside the boundaries, but within the vi13 cinity, of the park. Such facilities and the use thereof shall

14 be in conformity with approved plans for the park. The

15 Secretary shall use existing facilities wherever feasible.

16 Such facilities may only be constructed by the Secretary

17 upon a finding that the location of such facilities would—

18 (1) avoid undue degradation of natural or cul19 tural resources within the park;

20 (2) enhance service to the public; or

21 (3) provide a cost saving to the Federal Govern22 ment.

23 The Secretary is authorized to enter into cooperative

24 agreements with State or local governments or private en25 tities to undertake the authority granted under this sub-
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1 section. The Secretary is encouraged to identify and utilize

2 funding sources to supplement any Federal funding used

3 for these facilities.

4 (d) ELIMINATION OF UNNECESSARY CONGRES5 SIONAL REPORTING REQUIREMENTS.—

6 (1) REPEALS.—The following provisions are

7 hereby repealed:

8 (A) Section 302(c) of the Act entitled ‘‘An

9 Act to authorize the establishment of the Chat10 tahoochee River National Recreation Area in

11 the State of Georgia, and for other purposes’’

12 (Public Law 95–344; 92 Stat. 478; 16 U.S.C.

13 2302(c)).

14 (B) Section 503 of the Act of December

15 19, 1980 (Public Law 96–550; 94 Stat. 3228;

16 16 U.S.C. 410ii–2).

17 (C) Subsections (b) and (c) of section 4 of

18 the Act of October 15, 1982 (Public Law 97–

19 335; 96 Stat. 1628; 16 U.S.C. 341 note).

20 (D) Section 7 of Public Law 89–671 (96

21 Stat. 1457; 16 U.S.C. 284f).

22 (E) Section 3(c) of the National Trails

23 System Act (Public Law 90–543; 82 Stat. 919;

24 16 U.S.C. 1242(c)).
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1 (F) Section 4(b) of the Act of October 24,

2 1984 (Public Law 98–540; 98 Stat. 2720; 16

3 U.S.C. 1a–8).

4 (G) Section 106(b) of the National Visitor

5 Center Facilities Act of 1968 (Public Law 90–

6 264; 82 Stat. 44; 40 U.S.C. 805(b)).

7 (H) Section 6(f)(7) of the Act of Septem8 ber 3, 1964 (Public Law 88–578; 78 Stat. 900;

9 16 U.S.C. 460l–8(f)(7)).

10 (I) Subsection (b) of section 8 of the Act

11 of August 18, 1970 (Public Law 91–383; 90

12 Stat. 1940; 16 U.S.C. 1a–5(b)).

13 (J) The last sentence of section 10(a)(2) of

14 the National Trails System Act (Public Law

15 90–543; 82 Stat. 926; 16 U.S.C. 1249(a)(2)).

16 (K) Section 4 of the Act of October 31,

17 1988 (Public Law 100–573; 102 Stat. 2891; 16

18 U.S.C. 460o note).

19 (L) Section 104(b) of the Act of November

20 19, 1988 (Public Law 100–698; 102 Stat.

21 4621).

22 (M) Section 1015(b) of the Urban Park

23 and Recreation Recovery Act of 1978 (Public

24 Law 95–625; 92 Stat. 3544; 16 U.S.C.

25 2514(b)).
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1 (N) Section 105 of the Act of August 13,

2 1970 (Public Law 91–378; 16 U.S.C. 1705).

3 (O) Section 307(b) of the National His4 toric Preservation Act (Public Law 89–665; 16

5 U.S.C. 470w–6(b)).

6 (2) AMENDMENTS.—The following provisions

7 are amended:

8 (A) Section 10 of the Archaeological Re9 sources Protection Act of 1979, by striking the

10 last sentence of subsection (c) (Public Law 96–

11 95; 16 U.S.C. 470ii(c)).

12 (B) Section 5(c) of the Act of June 27,

13 1960 (Public Law 86–523; 16 U.S.C. 469a–

14 3(c); 74 Stat. 220), by inserting a period after

15 ‘‘Act’’ and striking ‘‘and shall submit’’ and all

16 that follows.

17 (C) Section 7(a)(3) of the Act of Septem18 ber 3, 1964 (Public Law 88–578; 78 Stat. 903;

19 16 U.S.C. 460l–9(a)(3)), by striking the last

20 sentence.

21 (D) Section 111 of the Petroglyph Na22 tional Monument Establishment Act of 1990

23 (Public Law 101–313; 104 Stat. 278), by strik24 ing the second sentence.
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1 (E) Section 307(a) of the National His2 toric Preservation Act (Public Law 89–665; 16

3 U.S.C. 470w–6(a)) is amended by striking the

4 first and second sentences.

5 (F) Section 101(a)(1)(B) of the National

6 Historic Preservation Act (Public Law 89–665;

7 16 U.S.C. 470(a) by inserting a period after

8 ‘‘Register’’ the last place such term appears

9 and by striking ‘‘and submitted’’ and all that

10 follows.

11 (e) SENATE CONFIRMATION OF THE DIRECTOR OF

12 THE NATIONAL PARK SERVICE.—

13 (1) IN GENERAL.—The first section of the Act

14 entitled ‘‘An Act to establish a National Park Serv15 ice, and for other purposes’’, approved August 25,

16 1916 (39 Stat. 535; 16 U.S.C. 1; commonly referred

17 to as the ‘‘National Park Service Organic Act’’), is

18 amended in the first sentence by striking ‘‘who shall

19 be appointed by the Secretary’’ and all that follows

20 and inserting ‘‘who shall be appointed by the Presi21 dent, by and with the advice and consent of the Sen22 ate. The Director shall have substantial experience

23 and demonstrated competence in land management

24 and natural or cultural resource conservation. The

25 Director shall select two Deputy Directors. The first
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1 Deputy Director shall have responsibility for Na2 tional Park Service operations, and the second Dep3 uty Director shall have responsibility for other pro4 grams assigned to the National Park Service.’’.

5 (2) EFFECTIVE DATE AND APPLICATION.—The

6 amendment made by subsection (a) shall take effect

7 on February 1, 1997, and shall apply with respect

8 to the individual (if any) serving as the Director of

9 the National Park Service on that date.

10 (f) NATIONAL PARK SYSTEM ADVISORY BOARD AU11 THORIZATION.—

12 (1) NATIONAL PARK SYSTEM ADVISORY

13 BOARD.—Section 3 of the Act of August 21, 1935

14 (49 Stat. 667; 16 U.S.C. 463) is amended as fol15 lows:

16 (A) In subsection (a) by striking the first

17 3 sentences and inserting in lieu thereof:

18 ‘‘There is hereby established a National Park

19 System Advisory Board, whose purpose shall be

20 to advise the Director of the National Park

21 Service on matters relating to the National

22 Park Service, the National Park System, and

23 programs administered by the National Park

24 Service. The Board shall advise the Director on

25 matters submitted to the Board by the Director
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1 as well as any other issues identified by the

2 Board. Members of the Board shall be ap3 pointed on a staggered term basis by the Sec4 retary for a term not to exceed 4 years and

5 shall serve at the pleasure of the Secretary. The

6 Board shall be comprised of no more than 12

7 persons, appointed from among citizens of the

8 United States having a demonstrated commit9 ment to the mission of the National Park Serv10 ice. Board members shall be selected to rep11 resent various geographic regions, including

12 each of the administrative regions of the Na13 tional Park Service. At least 6 of the members

14 shall have outstanding expertise in one or more

15 of the following fields: history, archeology, an16 thropology, historical or landscape architecture,

17 biology, ecology, geology, marine science, or so18 cial science. At least 4 of the members shall

19 have outstanding expertise and prior experience

20 in the management of national or State parks

21 or protected areas, or national or cultural re22 sources management. The remaining members

23 shall have outstanding expertise in one or more

24 of the areas described above or in another pro25 fessional or scientific discipline, such as finan-
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1 cial management, recreation use management,

2 land use planning or business management, im3 portant to the mission of the National Park

4 Service. At least one individual shall be a locally

5 elected official from an area adjacent to a park.

6 The Board shall hold its first meeting by no

7 later than 60 days after the date on which all

8 members of the Advisory Board who are to be

9 appointed have been appointed. Any vacancy in

10 the Board shall not affect its powers, but shall

11 be filled in the same manner in which the origi12 nal appointment was made. The Board may

13 adopt such rules as may be necessary to estab14 lish its procedures and to govern the manner of

15 its operations, organization, and personnel. All

16 members of the Board shall be reimbursed for

17 travel and per diem in lieu of subsistence ex18 penses during the performance of duties of the

19 Board while away from home or their regular

20 place of business, in accordance with sub21 chapter 1 of chapter 57 of title 5, United States

22 Code. With the exception of travel and per diem

23 as noted above, a member of the Board who is

24 otherwise an officer or employee of the United
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1 States Government shall serve on the Board

2 without additional compensation.’’.

3 (B) By redesignating subsections (b) and

4 (c) as (f) and (g) and by striking from the first

5 sentence of subsection (f), as so redesignated

6 ‘‘1995’’ and inserting in lieu thereof ‘‘2006’’.

7 (C) By adding the following new sub8 sections after subsection (a):

9 ‘‘(b)(1) The Secretary is authorized to hire 2 full10 time staffers to meet the needs of the Advisory Board.

11 ‘‘(2) Service of an individual as a member of the

12 Board shall not be considered as service or employment

13 bringing such individual within the provisions of any Fed14 eral law relating to conflicts of interest or otherwise im15 posing restrictions, requirements, or penalties in relation

16 to the employment of persons, the performance of services,

17 or the payment or receipt of compensation in connection

18 with claims, proceedings, or matters involving the United

19 States. Service as a member of the Board, or as an em20 ployee of the Board, shall not be considered service in an

21 appointive or elective position in the Government for pur22 poses of section 8344 of title 5, United States Code, or

23 comparable provisions of Federal law.

24 ‘‘(c)(1) Upon request of the Director, the Board is

25 authorized to—
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1 ‘‘(A) hold such hearings and sit and act at such

2 times,

3 ‘‘(B) take such testimony,

4 ‘‘(C) have such printing and binding done,

5 ‘‘(D) enter into such contracts and other ar6 rangements,

7 ‘‘(E) make such expenditures, and

8 ‘‘(F) take such other actions,

9 as the Board may deem advisable. Any member of the

10 Board may administer oaths or affirmations to witnesses

11 appearing before the Board.

12 ‘‘(2) The Board may establish committees or sub13 committees. Any such subcommittees or committees shall

14 be chaired by a voting member of the Board.

15 ‘‘(d) The provisions of the Federal Advisory Commit16 tee Act shall apply to the Board established under this

17 section with the exception of section 14(b).

18 ‘‘(e)(1) The Board is authorized to secure directly

19 from any office, department, agency, establishment, or in20 strumentality of the Federal Government such information

21 as the Board may require for the purpose of this section,

22 and each such officer, department, agency, establishment,

23 or instrumentality is authorized and directed to furnish,

24 to the extent permitted by law, such information, sugges-
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1 tions, estimates, and statistics directly to the Board, upon

2 request made by a member of the Board.

3 ‘‘(2) Upon the request of the Board, the head of any

4 Federal department, agency, or instrumentality is author5 ized to make any of the facilities and services of such de6 partment, agency, or instrumentality to the Board, on a

7 nonreimbursable basis, to assist the Board in carrying out

8 its duties under this section.

9 ‘‘(3) The Board may use the United States mails in

10 the same manner and under the same conditions as other

11 departments and agencies in the United States.’’.

12 (2) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Na14 tional Park System Advisory Board $200,000 per

15 year to carry out the provisions of section 3 of the

16 Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.

17 463).

18 (3) EFFECTIVE DATE.—This subsection shall

19 take effect on December 7, 1997.

20 (g) CHALLENGE COST-SHARE AGREEMENT AUTHOR21 ITY.—

22 (1) DEFINITIONS.—For purposes of this sub23 section:

24 (A) The term ‘‘challenge cost-share agree25 ment’’ means any agreement entered into be-
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1 tween the Secretary and any cooperator for the

2 purpose of sharing costs or services in carrying

3 out authorized functions and responsibilities of

4 the Secretary of the Interior with respect to any

5 unit or program of the National Park System

6 (as defined in section 2(a) of the Act of August

7 8, 1953 (16 U.S.C. 1c(a))), any affiliated area,

8 or any designated National Scenic or Historic

9 Trail.

10 (B) The term ‘‘cooperator’’ means any

11 State or local government, public or private

12 agency, organization, institution, corporation,

13 individual, or other entity.

14 (2) CHALLENGE COST-SHARE AGREEMENTS.—

15 The Secretary of the Interior is authorized to nego16 tiate and enter into challenge cost-share agreements

17 with cooperators.

18 (3) USE OF FEDERAL FUNDS.—In carrying out

19 challenge cost-share agreements, the Secretary of

20 the Interior is authorized to provide the Federal

21 funding share from any funds available to the Na22 tional Park Service.

23 (h) COST RECOVERY FOR DAMAGE TO NATIONAL

24 PARK RESOURCES.—Public Law 101–337 is amended as

25 follows:
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1 (1) In section 1 (16 U.S.C. 19jj), by amending

2 subsection (d) to read as follows:

3 ‘‘(d) ‘Park system resource’ means any living or non4 living resource that is located within the boundaries of a

5 unit of the National Park System, except for resources

6 owned by a non-Federal entity.’’.

7 (2) In section 1 (16 U.S.C. 19jj) by adding at

8 the end thereof the following:

9 ‘‘(g) ‘Marine or aquatic park system resource’ means

10 any living or non-living part of a marine or aquatic regi11 men within or is a living part of a marine or aquatic regi12 men within the boundaries of a unit of the National Park

13 System, except for resources owned by a non-Federal en14 tity.’’.

15 (3) In section 2(b) (16 U.S.C. 19jj–1(b)), by in16 serting ‘‘any marine or aquatic park resource’’ after

17 ‘‘any park system resource’’.

18 SEC. 816. MINERAL KING ADDITION PERMITS.

19 Paragraph (2) of section 314(d) of the National

20 Parks and Recreation Act of 1978 (16 U.S.C. 45f(d)) is

21 amended by adding at the end the following:

22 ‘‘(C)(i) Notwithstanding subparagraphs (A) and (B),

23 until the date of the death of the last cabin permittee of

24 record on the date of enactment of this Act, the Secretary

25 may renew or extend permits or leases continued under
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1 subparagraph (A) or (B) to the heirs of lessees or permit2 tees (including heirs to whom such leases or permits have

3 been renewed or extended) who have died prior to the en4 actment of this subparagraph or may die after its enact5 ment in the same manner (including by requiring the pay6 ment of annual fees based on fair market value) as leases

7 or permits may be renewed or extended under subpara8 graph (B), unless—

9 ‘‘(I) the permit or lease is incompatible with the

10 protection of the parks resources; or

11 ‘‘(II) the land occupied under the leases or per12 mit will be used for some other park purpose in ac13 cordance with the comprehensive management plan

14 prepared under subsection (e), and the Secretary

15 has available sufficient funds to carry out such use.

16 ‘‘(ii) For the purposes of this subparagraph, the term

17 ‘heirs’ means—

18 ‘‘(I) those family members of the deceased per19 mittee or lessee, designated by the permittee or les20 see, in a manner prescribed by the Secretary, as

21 heirs eligible for renewals or extensions under this

22 subparagraph, and

23 ‘‘(II) in the absence of such designation, those

24 family members of the deceased permittee or lessee
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1 who are entitled to inherit the estate of the permit2 tee or lessee.’’.

3 SEC. 817. WILLIAM B. SMULLIN VISITOR CENTER.

4 (a) DESIGNATION.—The Bureau of Land Manage5 ment’s visitors center in Rand, Oregon is hereby des6 ignated as the ‘‘William B. Smullin Visitor Center’’.

7 (b) LEGAL REFERENCES.—Any reference in any law,

8 regulation, document, record, map, or other document of

9 the United States to the visitor center referred to in sub10 section (a) shall be deemed to be a reference to the ‘‘Wil11 liam B. Smullin Visitor Center’’.

12 SEC. 818. CALUMET ECOLOGICAL PARK.

13 (a) FEASIBILITY STUDY.—

14 (1) IN GENERAL.—Not later than 6 months

15 after the date of enactment of this Act, the Sec16 retary of the Interior shall conduct a study of the

17 feasibility of establishing an urban ecological park to

18 be known as ‘‘Calumet Ecological Park’’, in the

19 Lake Calumet area situated between the Illinois and

20 Michigan Canal National Heritage Corridor and the

21 Indiana Dunes National Lakeshore.

22 (2) PARTICULARS OF STUDY.—The study under

23 paragraph (1) shall include consideration of the fol24 lowing:
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1 (A) The suitability of establishing a park

2 in the Lake Calumet area that—

3 (i) conserves and protects the wealth

4 of natural resources threatened by develop5 ment and pollution in the Lake Calumet

6 area; and

7 (ii) consists of a number of nonadja8 cent sites forming green corridors between

9 the Illinois and Michigan Canal National

10 Heritage Corridor and the Indiana Dunes

11 National Lakeshore, that are based on the

12 lakes and waterways in the area.

13 (B) The long term future use of the Lake

14 Calumet area.

15 (C) Ways in which a Calumet Ecological

16 Park would—

17 (i) benefit and enhance the cultural,

18 historical, and natural resources of the

19 Lake Calumet area; and

20 (ii) preserve natural lands and habi21 tats in the Lake Calumet area and north22 west Indiana.

23 (3) REPORT.—Not later than 1 year after the

24 date of enactment of this Act, the Secretary shall
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1 submit to the Congress a report containing findings

2 and recommendations of a study under this section.

3 SEC. 819. ACQUISITION OF CERTAIN PROPERTY ON SANTA

4 CRUZ ISLAND.

5 Section 202 of Public Law 96–199 (16 U.S.C. 410ff–

6 1) is amended by adding the following new subsection at

7 the end thereof:

8 ‘‘(e)(1) Notwithstanding any other provision of law,

9 effective 90 days after the date of enactment of this sub10 section, all right, title, and interest in and to, and the right

11 to immediate possession of, the real property on the east12 ern end of Santa Cruz Island which is known as the

13 Gherini Ranch is hereby vested in the United States, ex14 cept for the reserved rights of use and occupancy set forth

15 in Instrument No. 90–027494 recorded in the Official

16 Records of the County of Santa Barbara, California.

17 ‘‘(2) The United States shall pay just compensation

18 to the owners of any real property taken pursuant to this

19 subsection, determined as of the date of taking. The full

20 faith and credit of the United States is hereby pledged

21 to the payment of any judgment entered against the Unit22 ed States with respect to the taking of such property. Pay23 ment shall be in the amount of the agreed negotiated value

24 of such real property plus interest or the valuation of such

25 real property awarded by judgment plus interest. Interest
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1 shall accrue from the date of taking to the date of pay2 ment. Interest shall be compounded quarterly and com3 puted at the rate applicable for the period involved, as de4 termined by the Secretary of the Treasury on the basis

5 of the current average market yield on outstanding mar6 ketable obligations of the United States of comparable ma7 turities from the date of enactment of this subsection to

8 the last day of the month preceding the date on which

9 payment is made.

10 ‘‘(3) In the absence of a negotiated settlement, or an

11 action by the owner, within 1 year after the date of enact12 ment of this subsection, the Secretary shall initiate a pro13 ceeding, seeking in a court of competent jurisdiction a de14 termination of just compensation with respect to the tak15 ing of such property.

16 ‘‘(4) The Secretary shall not allow any unauthorized

17 use of the lands to be acquired under this subsection, ex18 cept that the Secretary shall permit the orderly termi19 nation of all current activities and the removal of any

20 equipment, facilities, or personal property.’’.

21 TITLE IX—HERITAGE AREAS

22 SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERIT23 AGE CORRIDOR.

24 (a) BOUNDARY CHANGES.—Section 2 of the Act enti25 tled ‘‘An Act to establish the Blackstone River Valley Na-
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1 tional Heritage Corridor in Massachusetts and Rhode Is2 land’’, approved November 10, 1986 (Public Law 99–647;

3 16 U.S.C. 461 note), is amended by striking the first sen4 tence and inserting the following new sentence: ‘‘The

5 boundaries shall include the lands and water generally de6 picted on the map entitled ‘Blackstone River Valley Na7 tional Heritage Corridor Boundary Map’, numbered

8 BRV–80–80,011, and dated May 2, 1993.’’.

9 (b) TERMS.—Section 3(c) of the Act entitled ‘‘An Act

10 to establish the Blackstone River Valley National Heritage

11 Corridor in Massachusetts and Rhode Island’’, approved

12 November 10, 1986 (Public Law 99–647; 16 U.S.C. 461

13 note), is amended by inserting before the period at the

14 end the following: ‘‘, but may continue to serve after the

15 expiration of this term until a successor has been ap16 pointed’’.

17 (c) REVISION OF PLAN.—Section 6 of the Act enti18 tled ‘‘An Act to establish the Blackstone River Valley Na19 tional Heritage Corridor in Massachusetts and Rhode Is20 land’’, approved November 10, 1986 (Public Law 99–647;

21 16 U.S.C. 461 note), is amended by adding at the end

22 the following new subsection:

23 ‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year

24 after the date of the enactment of this subsection, the

25 Commission, with the approval of the Secretary, shall re-
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1 vise the Cultural Heritage and Land Management Plan.

2 The revision shall address the boundary change and shall

3 include a natural resource inventory of areas or features

4 that should be protected, restored, managed, or acquired

5 because of their contribution to the understanding of na6 tional cultural landscape values.

7 ‘‘(2) No changes other than minor revisions may be

8 made in the approved plan as amended without the ap9 proval of the Secretary. The Secretary shall approve or

10 disapprove any proposed change in the plan, except minor

11 revisions, in accordance with subsection (b).’’.

12 (d) EXTENSION OF COMMISSION.—Section 7 of the

13 Act entitled ‘‘An Act to establish the Blackstone River

14 Valley National Heritage Corridor in Massachusetts and

15 Rhode Island’’, approved November 10, 1986 (Public Law

16 99–647; 16 U.S.C. 461 note), is amended to read as fol17 lows:

18 ‘‘SEC. 7. TERMINATION OF COMMISSION.

19 ‘‘The Commission shall terminate on the date that

20 is 10 years after the date of enactment of this section.’’.

21 (e) IMPLEMENTATION OF PLAN.—Subsection (c) of

22 section 8 of the Act entitled ‘‘An Act to establish the

23 Blackstone River Valley National Heritage Corridor in

24 Massachusetts and Rhode Island’’, approved November
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1 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

2 amended to read as follows:

3 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple4 mentation of the Cultural Heritage and Land Manage5 ment Plan in a manner consistent with purposes of this

6 Act, the Secretary is authorized to undertake a limited

7 program of financial assistance for the purpose of provid8 ing funds for the preservation and restoration of struc9 tures on or eligible for inclusion on the National Register

10 of Historic Places within the Corridor which exhibit na11 tional significance or provide a wide spectrum of historic,

12 recreational, or environmental education opportunities to

13 the general public.

14 ‘‘(2) To be eligible for funds under this section, the

15 Commission shall submit an application to the Secretary

16 that includes—

17 ‘‘(A) a 10-year development plan including

18 those resource protection needs and projects critical

19 to maintaining or interpreting the distinctive char20 acter of the Corridor; and

21 ‘‘(B) specific descriptions of annual work pro22 grams that have been assembled, the participating

23 parties, roles, cost estimates, cost-sharing, or cooper24 ative agreements necessary to carry out the develop25 ment plan.
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1 ‘‘(3) Funds made available pursuant to this sub2 section shall not exceed 50 percent of the total cost of the

3 work programs.

4 ‘‘(4) In making the funds available, the Secretary

5 shall give priority to projects that attract greater non-Fed6 eral funding sources.

7 ‘‘(5) Any payment made for the purposes of conserva8 tion or restoration of real property or structures shall be

9 subject to an agreement either—

10 ‘‘(A) to convey a conservation or preservation

11 easement to the Department of Environmental Man12 agement or to the Historic Preservation Commis13 sion, as appropriate, of the State in which the real

14 property or structure is located; or

15 ‘‘(B) that conversion, use, or disposal of the re16 sources so assisted for purposes contrary to the pur17 poses of this Act, as determined by the Secretary,

18 shall result in a right of the United States for reim19 bursement of all funds expended upon such re20 sources or the proportion of the increased value of

21 the resources attributable to such funds as deter22 mined at the time of such conversion, use, or dis23 posal, whichever is greater.

24 ‘‘(6) The authority to determine that a conversion,

25 use, or disposal of resources has been carried out contrary
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1 to the purposes of this Act in violation of an agreement

2 entered into under paragraph (5)(A) shall be solely at the

3 discretion of the Secretary.’’.

4 (f) LOCAL AUTHORITY.—Section 5 of the Act entitled

5 ‘‘An Act to establish the Blackstone River Valley National

6 Heritage Corridor in Massachusetts and Rhode Island’’,

7 approved November 10, 1986 (Public Law 99–647; 16

8 U.S.C. 461 note), is amended by adding at the end the

9 following new subsection:

10 ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY

11 NOT AFFECTED.—Nothing in this Act shall be construed

12 to affect or to authorize the Commission to interfere

13 with—

14 ‘‘(1) the rights of any person with respect to

15 private property; or

16 ‘‘(2) any local zoning ordinance or land use

17 plan of the Commonwealth of Massachusetts or any

18 political subdivision of the Commonwealth.’’.

19 (g) AUTHORIZATION OF APPROPRIATIONS.—Notwith20 standing any other provision of law regarding limitations

21 on funding for heritage areas, section 10 of the Act enti22 tled ‘‘An Act to establish the Blackstone River Valley Na23 tional Heritage Corridor in Massachusetts and Rhode Is24 land’’, approved November 10, 1986 (Public Law 99–647;

25 16 U.S.C. 461 note), as amended, is further amended:
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1 (1) in subsection (a), by striking ‘‘$350,000’’

2 and inserting ‘‘$650,000’’; and

3 (2) by amending subsection (b) to read as fol4 lows:

5 ‘‘(b) DEVELOPMENT FUNDS.—For fiscal years 1996,

6 1997, and 1998, there is authorized to be appropriated

7 to carry out section 8(c) not to exceed $5,000,000.’’.

8 SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HER9 ITAGE CORRIDOR.

10 The Illinois and Michigan Canal National Heritage

11 Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461

12 note) is amended by inserting after section 117 the follow13 ing new section:

14 ‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.

15 ‘‘The Commission shall undertake a study to deter16 mine whether the Joliet Army Ammunition Plant and the

17 Calumet-Sag and Chicago Sanitary and Ship Canals

18 should be added to the corridor. The study shall specifi19 cally examine the relationship between the purposes of this

20 Act and the areas proposed for study and shall identify

21 any specific resources which are related to the purposes

22 for which the corridor was established. The study shall

23 propose boundaries which provide for the inclusion of any

24 related resources within the corridor. The Commission

25 shall submit the study to the Secretary and the appro-
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1 priate congressional committees. Upon receipt of the

2 study, the Secretary shall determine which lands (if any)

3 should be added to the corridor and shall so notify the

4 appropriate congressional committees.’’.

5 SEC. 903. FEASIBILITY STUDY OF THE CHAMPLAIN VALLEY

6 AND THE UPPER HUDSON RIVER VALLEY.

7 The Secretary of the Interior shall conduct a feasibil8 ity study to determine whether the Champlain Valley and

9 the Upper Hudson River Valley in the State of New York

10 should be designated as a heritage area. The study shall

11 evaluate important conflicts which occurred between 1609

12 and 1865 and to identify the natural and cultural re13 sources associated with these conflicts. The study shall be

14 completed within two years after funds are made available.

15 TITLE X—MISCELLANEOUS

16 Subtitle A—Tallgrass Prairie

17 National Preserve

18 SEC. 1001. SHORT TITLE.

19 This subtitle may be cited as the ‘‘Tallgrass Prairie

20 National Preserve Act of 1996’’.

21 SEC. 1002. FINDINGS AND PURPOSES.

22 (a) FINDINGS.—Congress finds that—

23 (1) of the 400,000 square miles of tallgrass

24 prairie that once covered the North American Con-
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1 tinent, less than 1 percent remains, primarily in the

2 Flint Hills of Kansas;

3 (2) in 1991, the National Park Service con4 ducted a special resource study of the Spring Hill

5 Ranch, located in the Flint Hills of Kansas;

6 (3) the study concludes that the Spring Hill

7 Ranch—

8 (A) is a nationally significant example of

9 the once vast tallgrass ecosystem, and includes

10 buildings listed on the National Register of His11 toric Places pursuant to section 101 of the Na12 tional Historic Preservation Act (16 U.S.C.

13 470a) that represent outstanding examples of

14 Second Empire and other 19th Century archi15 tectural styles; and

16 (B) is suitable and feasible as a potential

17 addition to the National Park System; and

18 (4) the National Park Trust, which owns the

19 Spring Hill Ranch, has agreed to permit the Na20 tional Park Service—

21 (A) to purchase a portion of the ranch, as

22 specified in this subtitle; and

23 (B) to manage the ranch in order to—
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1 (i) conserve the scenery, natural and

2 historic objects, and wildlife of the ranch;

3 and

4 (ii) provide for the enjoyment of the

5 ranch in such a manner and by such

6 means as will leave the scenery, natural

7 and historic objects, and wildlife

8 unimpaired for the enjoyment of future

9 generations.

10 (b) PURPOSES.—The purposes of this subtitle are—

11 (1) to preserve, protect, and interpret for the

12 public an example of a tallgrass prairie ecosystem on

13 the Spring Hill Ranch, located in the Flint Hills of

14 Kansas; and

15 (2) to preserve and interpret for the public the

16 historic and cultural values represented on the

17 Spring Hill Ranch.

18 SEC. 1003. DEFINITIONS.

19 In this subtitle:

20 (1) ADVISORY COMMITTEE.—The term ‘‘Advi21 sory Committee’’ means the Advisory Committee es22 tablished under section 1007.

23 (2) PRESERVE.—The term ‘‘Preserve’’ means

24 the Tallgrass Prairie National Preserve established

25 by section 1004.
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (4) TRUST.—The term ‘‘Trust’’ means the Na4 tional Park Trust, Inc., a District of Columbia non5 profit corporation, or any successor-in-interest.

6 SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAIRIE NA7 TIONAL PRESERVE.

8 (a) IN GENERAL.—In order to provide for the preser9 vation, restoration, and interpretation of the Spring Hill

10 Ranch area of the Flint Hills of Kansas, for the benefit

11 and enjoyment of present and future generations, there

12 is established the Tallgrass Prairie National Preserve.

13 (b) DESCRIPTION.—The Preserve shall consist of the

14 lands and interests in land, including approximately

15 10,894 acres, generally depicted on the map entitled

16 ‘‘Boundary Map, Flint Hills Prairie National Monument’’

17 numbered NM–TGP 80,000 and dated June 1994, more

18 particularly described in the deed filed at 8:22 a.m. of

19 June 3, 1994, with the Office of the Register of Deeds

20 in Chase County, Kansas, and recorded in Book L–106

21 at pages 328 through 339, inclusive. In the case of any

22 difference between the map and the legal description, the

23 legal description shall govern, except that if, as a result

24 of a survey, the Secretary determines that there is a dis25 crepancy with respect to the boundary of the Preserve that
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1 may be corrected by making minor changes to the map,

2 the Secretary shall make changes to the map as appro3 priate, and the boundaries of the Preserve shall be ad4 justed accordingly. The map shall be on file and available

5 for public inspection in the appropriate offices of the Na6 tional Park Service of the Department of the Interior.

7 SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.

8 (a) IN GENERAL.—The Secretary shall administer

9 the Preserve in accordance with this subtitle, the coopera10 tive agreements described in subsection (f)(1), and the

11 provisions of law generally applicable to units of the Na12 tional Park System, including the Act entitled ‘‘An Act

13 to establish a National Park Service, and for other pur14 poses’’, approved August 25, 1916 (16 U.S.C. 1, 2

15 through 4) and the Act of August 21, 1935 (49 Stat. 666;

16 16 U.S.C. 461 et seq.).

17 (b) APPLICATION OF REGULATIONS.—With the con18 sent of a private owner of land within the boundaries of

19 the Preserve, the regulations issued by the Secretary con20 cerning the National Park Service that provide for the

21 proper use, management, and protection of persons, prop22 erty, and natural and cultural resources shall apply to the

23 private land.

24 (c) FACILITIES.—For purposes of carrying out the

25 duties of the Secretary under this subtitle relating to the
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1 Preserve, the Secretary may, with the consent of a land2 owner, directly or by contract, construct, reconstruct, re3 habilitate, or develop essential buildings, structures, and

4 related facilities including roads, trails, and other interpre5 tive facilities on real property that is not owned by the

6 Federal Government and is located within the Preserve.

7 (d) LIABILITY.—

8 (1) LIABILITY OF THE UNITED STATES AND ITS

9 OFFICERS AND EMPLOYEES.—Except as otherwise

10 provided in this subsection, the liability of the

11 United States is subject to the terms and conditions

12 of the Federal Tort Claims Act, as amended, 28

13 U.S.C. 2671 et seq., with respect to the claims aris14 ing by virtue of the Secretary’s administration of the

15 Preserve pursuant to this Act.

16 (2) LIABILITY OF LANDOWNERS.—

17 (A) The Secretary of the Interior is au18 thorized, under such terms and conditions as he

19 deems appropriate, to include in any coopera20 tive agreement entered into in accordance with

21 subsection (f)(1) an indemnification provision

22 by which the United States agrees to hold

23 harmless, defend and indemnify the landowner

24 in full from and against any suit, claim, de25 mand or action, liability, judgment, cost or
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1 other fee arising out of any claim of personal

2 injury or property damage that occurs in con3 nection with the operation of the Preserve

4 under the agreement: Provided, however, That

5 indemnification shall not exceed $3 million per

6 claimant per occurrence.

7 (B) The indemnification provision author8 ized by subparagraph (A) shall not include

9 claims for personal injury or property damage

10 proximately caused by the wanton or willful

11 misconduct of the landowner.

12 (e) UNIT OF THE NATIONAL PARK SYSTEM.—The

13 Preserve shall be a unit of the National Park System for

14 all purposes, including the purpose of exercising authority

15 to charge entrance and admission fees under section 4 of

16 the Land and Water Conservation Fund Act of 1965 (16

17 U.S.C. 460l–6a).

18 (f) AGREEMENTS AND DONATIONS.—

19 (1) AGREEMENTS.—The Secretary may expend

20 Federal funds for the cooperative management of

21 private property within the Preserve for research, re22 source management (including pest control and nox23 ious weed control, fire protection, and the restora24 tion of buildings), and visitor protection and use.
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1 (2) DONATIONS.—The Secretary may accept,

2 retain, and expend donations of funds, property

3 (other than real property), or services from individ4 uals, foundations, corporations, or public entities for

5 the purposes of providing programs, services, facili6 ties, or technical assistance that further the pur7 poses of this subtitle.

8 (g) GENERAL MANAGEMENT PLAN.—

9 (1) IN GENERAL.—Not later than the end of

10 the third full fiscal year beginning after the date of

11 enactment of this Act, the Secretary shall prepare

12 and submit to the Committee on Energy and Natu13 ral Resources of the Senate and the Committee on

14 Resources of the House of Representatives a general

15 management plan for the Preserve.

16 (2) CONSULTATION.—In preparing the general

17 management plan, the Secretary, acting through the

18 Director of the National Park Service, shall consult

19 with—

20 (A)(i) appropriate officials of the Trust;

21 and

22 (ii) the Advisory Committee; and

23 (B) adjacent landowners, appropriate offi24 cials of nearby communities, the Kansas De25 partment of Wildlife and Parks, and the Kan-
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1 sas Historical Society, and other interested par2 ties.

3 (3) CONTENT OF PLAN.—The general manage4 ment plan shall provide for the following:

5 (A) Maintaining and enhancing the

6 tallgrass prairie within the boundaries of the

7 Preserve.

8 (B) Public access and enjoyment of the

9 property that is consistent with the conserva10 tion and proper management of the historical,

11 cultural, and natural resources of the ranch.

12 (C) Interpretive and educational programs

13 covering the natural history of the prairie, the

14 cultural history of Native Americans, and the

15 legacy of ranching in the Flint Hills region.

16 (D) Provisions requiring the application of

17 applicable State law concerning the mainte18 nance of adequate fences within the boundaries

19 of the Preserve. In any case in which an activ20 ity of the National Park Service requires fences

21 that exceed the legal fence standard otherwise

22 applicable to the Preserve, the National Park

23 Service shall pay the additional cost of con24 structing and maintaining the fences to meet

25 the applicable requirements for that activity.
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1 (E) Provisions requiring the Secretary to

2 comply with applicable State noxious weed, pes3 ticide, and animal health laws.

4 (F) Provisions requiring compliance with

5 applicable State water laws and Federal and

6 State waste disposal laws (including regula7 tions) and any other applicable law.

8 (G) Provisions requiring the Secretary to

9 honor each valid existing oil and gas lease for

10 lands within the boundaries of the Preserve (as

11 described in section 1004(b)) that is in effect

12 on the date of enactment of this Act.

13 (H) Provisions requiring the Secretary to

14 offer to enter into an agreement with each indi15 vidual who, as of the date of enactment of this

16 Act, holds rights for cattle grazing within the

17 boundaries of the Preserve (as described in sec18 tion 1004(b)).

19 (4) HUNTING AND FISHING.—The Secretary

20 may allow hunting and fishing on Federal lands

21 within the Preserve.

22 (5) FINANCIAL ANALYSIS.—As part of the de23 velopment of the general management plan, the Sec24 retary shall prepare a financial analysis indicating

25 how the management of the Preserve may be fully
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1 supported through fees, private donations, and other

2 forms of non-Federal funding.

3 SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.

4 (a) IN GENERAL.—The Secretary shall acquire, by

5 donation, not more than 180 acres of real property within

6 the boundaries of the Preserve (as described in section

7 1004(b)) and the improvements on the real property.

8 (b) PAYMENTS IN LIEU OF TAXES.—For the pur9 poses of payments made under chapter 69 of title 31,

10 United States Code, the real property described in sub11 section (a)(1) shall be deemed to have been acquired for

12 the purposes specified in section 6904(a) of that title.

13 (c) PROHIBITIONS.—No property may be acquired

14 under this section without the consent of the owner of the

15 property. The United States may not acquire fee owner16 ship of any lands within the Preserve other than lands

17 described in this section.

18 SEC. 1007. ADVISORY COMMITTEE.

19 (a) ESTABLISHMENT.—There is established an advi20 sory committee to be known as the ‘‘Tallgrass Prairie Na21 tional Preserve Advisory Committee’’.

22 (b) DUTIES.—The Advisory Committee shall advise

23 the Secretary and the Director of the National Park Serv24 ice concerning the development, management, and inter25 pretation of the Preserve. In carrying out those duties,
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1 the Advisory Committee shall provide timely advice to the

2 Secretary and the Director during the preparation of the

3 general management plan under section 1005(g).

4 (c) MEMBERSHIP.—The Advisory Committee shall

5 consist of 13 members, who shall be appointed by the Sec6 retary as follows:

7 (1) Three members shall be representatives of

8 the Trust.

9 (2) Three members shall be representatives of

10 local landowners, cattle ranchers, or other agricul11 tural interests.

12 (3) Three members shall be representatives of

13 conservation or historic preservation interests.

14 (4)(A) One member shall be selected from a list

15 of persons recommended by the Chase County Com16 mission in the State of Kansas.

17 (B) One member shall be selected from a list of

18 persons recommended by appropriate officials of

19 Strong City, Kansas, and Cottonwood Falls, Kansas.

20 (C) One member shall be selected from a list of

21 persons recommended by the Governor of the State

22 of Kansas.

23 (5) One member shall be a range management

24 specialist representing institutions of higher edu25 cation (as defined in section 1201(a) of the Higher
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1 Education Act of 1965 (20 U.S.C. 1141(a))) in the

2 State of Kansas.

3 (d) TERMS.—

4 (1) IN GENERAL.—Each member of the Advi5 sory Committee shall be appointed to serve for a

6 term of 3 years, except that the initial members

7 shall be appointed as follows:

8 (A) Four members shall be appointed, one

9 each from paragraphs (1), (2), (3), and (4) of

10 subsection (c), to serve for a term of 3 years.

11 (B) Four members shall be appointed, one

12 each from paragraphs (1), (2), (3), and (4) of

13 subsection (c), to serve for a term of 4 years.

14 (C) Five members shall be appointed, one

15 each from paragraphs (1) through (5) of sub16 section (c), to serve for a term of 5 years.

17 (2) REAPPOINTMENT.—Each member may be

18 reappointed to serve a subsequent term.

19 (3) EXPIRATION.—Each member shall continue

20 to serve after the expiration of the term of the mem21 ber until a successor is appointed.

22 (4) VACANCIES.—A vacancy on the Advisory

23 Committee shall be filled in the same manner as an

24 original appointment is made. The member ap-
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1 pointed to fill the vacancy shall serve until the expi2 ration of the term in which the vacancy occurred.

3 (e) CHAIRPERSON.—The members of the Advisory

4 Committee shall select 1 of the members to serve as Chair5 person.

6 (f) MEETINGS.—Meetings of the Advisory Committee

7 shall be held at the call of the Chairperson or the majority

8 of the Advisory Committee. Meetings shall be held at such

9 locations and in such a manner as to ensure adequate op10 portunity for public involvement. In compliance with the

11 requirements of the Federal Advisory Committee Act (5

12 U.S.C. App.), the Advisory Committee shall choose an ap13 propriate means of providing interested members of the

14 public advance notice of scheduled meetings.

15 (g) QUORUM.—A majority of the members of the Ad16 visory Committee shall constitute a quorum.

17 (h) COMPENSATION.—Each member of the Advisory

18 Committee shall serve without compensation, except that

19 while engaged in official business of the Advisory Commit20 tee, the member shall be entitled to travel expenses, in21 cluding per diem in lieu of subsistence in the same manner

22 as persons employed intermittently in Government service

23 under section 5703 of title 5, United States Code.
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1 (i) CHARTER.—The rechartering provisions of section

2 14(b) of the Federal Advisory Committee Act (5 U.S.C.

3 App.) shall not apply to the Advisory Committee.

4 SEC. 1008. RESTRICTION ON AUTHORITY.

5 Nothing in this subtitle shall give the Secretary au6 thority to regulate lands outside the land area acquired

7 by the Secretary under section 1006(a).

8 SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the De10 partment of the Interior such sums as are necessary to

11 carry out this subtitle.

12 Subtitle B—Sterling Forest

13 SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.

14 (a) FUNDING.—The Secretary of the Interior is au15 thorized to provide funding to the Palisades Interstate

16 Park Commission to be used for the acquisition of lands

17 and interests in lands within the area generally depicted

18 on the map entitled ‘‘Boundary Map, Sterling Forest Re19 serve’’, numbered SFR–60,001 and dated July 1, 1994.

20 There are authorized to be appropriated for purposes of

21 this section not more than $17,500,000. No funds made

22 available under this section may be used for the acquisi23 tion of any lands or interest in lands without the consent

24 of the owner thereof.
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1 (b) LAND EXCHANGE.—The Secretary of the Interior

2 is authorized to exchange unreserved unappropriated Fed3 eral lands under the administrative jurisdiction of the Sec4 retary for the lands comprising approximately 2,220 acres

5 depicted on the map entitled ‘‘Sterling Forest, Proposed

6 Sale of Sterling Forest Lands’’ and dated July 25, 1996.

7 The Secretary shall consult with the Governor of any State

8 in which such unreserved unappropriated lands are located

9 prior to carrying out such exchange. The lands acquired

10 by the Secretary under this section shall be transferred

11 to the Palisades Interstate Park Commission to be in12 cluded within the Sterling Forest Reserve. The lands ex13 changed under this section shall be of equal value, as de14 termined by the Secretary utilizing nationally recognized

15 appraisal standards. The authority to exchange lands

16 under this section shall expire on the date 18 months after

17 the date of enactment of this Act.

18 Subtitle C—Additional Provisions

19 SEC. 1021. BLACK CANYON OF THE GUNNISON NATIONAL

20 PARK COMPLEX.

21 (a) ESTABLISHMENT OF BLACK CANYON OF THE

22 GUNNISON NATIONAL PARK.—

23 (1) There is hereby established the Black Can24 yon of the Gunnison National Park (hereinafter re25 ferred to as the ‘‘park’’) in the State of Colorado.
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1 The Black Canyon National Monument is abolished

2 as such, and all lands and interests therein are here3 by incorporated within and made part of the Black

4 Canyon of the Gunnison National Park. Any ref5 erence to the Black Canyon of the Gunnison Na6 tional Monument shall be deemed a reference to

7 Black Canyon of the Gunnison National Park, and

8 any funds available for the purposes of the monu9 ment shall be available for purposes of the park.

10 (2) The Secretary of the Interior (hereinafter

11 referred to as the ‘‘Secretary’’) acting through the

12 Director of the National Park Service shall manage

13 the park, subject to valid existing rights, in accord14 ance with this subsection and under the provisions

15 of law generally applicable to units of the National

16 Park System, including but not limited to the Act of

17 August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et

18 seq.), the Act of August 21, 1935 (49 Stat. 666; 16

19 U.S.C. 461 et seq.), and other applicable provisions

20 of law.

21 (b) ESTABLISHMENT OF THE GUNNISON GORGE NA22 TIONAL CONSERVATION AREA.—

23 (1) There is hereby established the Gunnison

24 Gorge National Conservation Area (hereinafter re25 ferred to as the ‘‘conservation area’’) in the State of
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1 Colorado, consisting of approximately 64,139 acres

2 as generally depicted on the map entitled ‘‘Black

3 Canyon of the Gunnison National Park Complex—

4 Map No. 9, dated July 29, 1996’’ (hereinafter re5 ferred to as the ‘‘map’’).

6 (2) The Secretary, acting through the Director

7 of the Bureau of Land Management, shall manage

8 the conservation area, subject to valid existing

9 rights, in accordance with this subsection, the Fed10 eral Land Management and Policy Act of 1976, and

11 other applicable provisions of law.

12 (3) In addition to the use of motorized vehicles

13 on established roadways, the use of motorized vehi14 cles in the conservation area shall be allowed to the

15 extent compatible, in accordance with existing off16 highway vehicle designations as described in the cur17 rent approved management plan, or as part of the

18 comprehensive plan prepared pursuant to this sub19 section.

20 (4) If no later than 5 years after the date of

21 enactment of this Act the United States acquires,

22 from willing sellers only, lands that are depicted on

23 the map as private lands within the conservation

24 area as established by this section, such lands upon

25 their acquisition by the United States shall be in-
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1 cluded in and managed as part of the conservation

2 area.

3 (5) In furtherance of the purposes of the Wil4 derness Act (16 U.S.C. 1131 et seq.) certain lands

5 in the conservation area comprised of approximately

6 22,111 acres, as generally depicted on the map, and

7 which shall be known as the Gunnison Gorge Wilder8 ness.

9 (6) That portion of the Gunnison Gorge Wilder10 ness Study Area (Uncompahgre Basin Wilderness

11 Final Environmental Impact Statement, 1989) not

12 designated as wilderness by this Act, is no longer

13 subject to the terms and conditions contained in sec14 tion 603 of the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1782) for management

16 of wilderness study areas in a manner that does not

17 impair the suitability of such areas for preservation,

18 and shall be managed for multiple use or other val19 ues in accordance with land use plans developed pur20 suant to section 202 of the Federal Land Policy and

21 Management Act of 1976.

22 (7) Nothing in this subsection or any other Act

23 shall constitute either an express or implied Federal

24 reservation of water or water rights for any purpose
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1 arising from the designation of areas as wilderness

2 by this subsection.

3 (c) ESTABLISHMENT OF THE CURECANTI NATIONAL

4 RECREATION AREA, AND THE DENVER AND RIO GRANDE

5 RAILROAD NATIONAL HISTORIC SITE.—

6 (1) In order to conserve the scenic, natural, his7 toric, archaeological, wildlife, and fishery resources,

8 and to provide for the public use and enjoyment of

9 the land withdrawn or acquired for, and the water

10 areas created by the Wayne N. Aspinall Unit of the

11 Colorado River Storage Project, there is hereby es12 tablished the Curecanti National Recreation Area

13 (hereinafter referred to as the ‘‘recreation area’’) in

14 the State of Colorado. The recreation area shall con15 sist of the lands and waters within the area des16 ignated ‘‘Curecanti National Recreation Area’’ as

17 depicted on the map.

18 (2) The Secretary, acting through the Director

19 of the National Park Service, shall manage the

20 recreation area, subject to valid existing rights, in

21 accordance with this subsection and under provisions

22 of law generally applicable to units of the National

23 Park System including but not limited to the Act of

24 August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et

25 seq.), and the Act of August 21, 1935 (49 Stat. 666;
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1 16 U.S.C. 461 et seq.), and other applicable provi2 sions of law, except as otherwise provided in this

3 subsection.

4 (3) The establishment of the recreation area

5 and land transfer of administration under subsection

6 (a) and (b) shall not affect or interfere with the va7 lidity of existing rights, including withdrawals, ac8 quisitions and conveyances, made before the date of

9 enactment of this section for reclamation or power

10 purposes. Subject to their respective authorities

11 under the Colorado River Storage Project Act of

12 1956 (42 U.S.C. 620 et seq.) and the Uncompahgre

13 Project, operation, maintenance, and management of

14 all facilities and improvements on and the manage15 ment of lands occupied by dams, structures, admin16 istrative areas, or other facilities shall be the respon17 sibility of the Secretary and the Secretary of En18 ergy, acting through the Commissioner of the Bu19 reau of Reclamation and the Western Area Power

20 Administration. Such lands shall be delineated

21 through a joint agreement among the Bureau of

22 Reclamation, the National Park Service, and the

23 Western Area Power Administration. The Secretary

24 may enter into additional agreements which address

25 sharing of jurisdiction and authorities on the delin-
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1 eated lands. All lands within the recreation area

2 which have been withdrawn or acquired by the Unit3 ed States for reclamation purposes shall remain sub4 ject to the purposes and uses established under the

5 Colorado River Storage Project Act of 1956 (42

6 U.S.C. 620 et seq.) and the Uncompahgre Project as

7 originally authorized by the Secretary as the Gunni8 son Project on March 14, 1903 under the provisions

9 of the Reclamation Act of October 17, 1902 (32

10 Stat. 388, 43 U.S.C. 391), as amended. The Sec11 retary, acting through the Bureau of Reclamation,

12 may exclude any area from the recreation area for

13 reclamation or power purposes upon determining

14 that it is in the national interest to do so.

15 (4) Subject to valid existing rights, all Federal

16 lands and interests within the national recreation

17 area administered by the Bureau of Land Manage18 ment are withdrawn from disposition under the pub19 lic land laws from location, entry, and patent under

20 the mining laws of the United States, from the oper21 ation of mineral leasing laws of the United States,

22 and from operation of the Geothermal Steam Act of

23 1970, and the administrative jurisdiction of such

24 lands is transferred to the National Park Service

25 upon enactment of this section.
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1 (5) Within the recreation area there is hereby

2 established, subject to the provisions of this sub3 section, the Denver and Rio Grande National His4 toric Site (hereinafter referred to as the ‘‘historic

5 site’’) consisting of the Denver and Rio Grande roll6 ing stock and train trestle at Cimarron, as depicted

7 on the map. The Secretary may include those por8 tions of the historic railroad bed within the bound9 aries of the historic site which would serve to en10 hance or contribute to the interpretation of the de11 velopment of the railroad and its role in the develop12 ment of western Colorado.

13 (6) The Secretary is authorized to convey to the

14 city of Gunnison, Colorado, or to such public agency

15 as the Secretary deems appropriate, for an amount

16 not to exceed fair market appraised value, the land

17 known as the Riverway Tract in section 8, township

18 49 north, range 1 west, New Mexico principal merid19 ian.

20 (7) The Secretary is authorized, upon a finding

21 that it is not needed for public purposes, to convey

22 without consideration by quit claim deed all right,

23 title, and interest in the United States in and to

24 parcels of ten acres or less which are encroached

25 upon, as of the date of this section, by improvements
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1 occupied or used to such person or persons under

2 claim or color of title by persons to whom no ad3 vance notice was given that such improvements en4 croached or would encroach upon such parcels, and

5 who in good faith relied upon an erroneous survey,

6 title search or other land description indicating there

7 was not such encroachment. Such lands so conveyed

8 shall be deleted from the national recreation area.

9 (8) The Secretary shall complete an official

10 boundary survey of the areas depicted on the map

11 within three years of the date of this subsection.

12 (9) If no later than 3 years after the date of

13 enactment of this title the United States acquires

14 lands comprising approximately 520 acres adjacent

15 to Colorado Highway 92 and the Curecanti National

16 Recreation Area as designated by this title and as

17 generally depicted on a map entitled ‘‘Hall Property,

18 Colorado’’, dated September, 1996, such lands upon

19 their acquisition by the United States from willing

20 sellers only shall be included in and managed as part

21 of such recreation area.

22 (d) THE ESTABLISHMENT OF THE BLACK CANYON

23 OF THE GUNNISON NATIONAL PARK COMPLEX.—

24 (1) There is hereby established the Black Can25 yon of the Gunnison National Park Complex (herein-
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1 after referred to as the ‘‘complex’’) in the State of

2 Colorado. The purposes of the complex are to em3 phasize management of the Gunnison River and its

4 environs while managing the components of the com5 plex (the park, the conservation area, and the recre6 ation area) according to their respective purposes

7 and mandates; to seek out and promote efficiencies

8 in the management of the complex; to integrate and

9 coordinate planning efforts within the complex; and

10 as permitted by agency mandates and policies, to

11 utilize the resources of the involved agencies coop12 eratively to enhance public service, to resolve issues,

13 and to provide a focal point for public contact. The

14 complex shall include the following lands as depicted

15 on the map:

16 (A) The park.

17 (B) The conservation area.

18 (C) The recreation area.

19 (D) Those portions of lands comprising the

20 Gunnison National Forest as depicted on the

21 map.

22 (2) The Secretary, acting through the Director

23 of the National Park Service, shall manage the park,

24 recreation area, historic site and district; and acting

25 through the Director of the Bureau of Land Man-
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1 agement, shall manage the conservation area in ac2 cordance with this subsection, and other applicable

3 provisions of law.

4 (3) The Secretary of Agriculture, acting

5 through the Chief of the Forest Service shall man6 age, subject to valid existing rights, those portions

7 of the forest that have been included in the complex

8 in accordance with the laws, rules, and regulations

9 pertaining to the National Forest System and this

10 subsection.

11 (4) The Secretaries shall manage the areas

12 under their jurisdiction within the complex in a con13 sistent manner, and are authorized to share person14 nel, equipment, and other resources to reduce or

15 eliminate duplication of effort.

16 (5) Within four years following the date of en17 actment of this section, the Secretary shall develop

18 and transmit to the Committee on Energy and Nat19 ural Resources of the United States Senate and to

20 the Committee on Resources of the United States

21 House of Representatives a comprehensive plan for

22 the long-range protection and management of the

23 complex. The plan shall describe the appropriate

24 uses and management of the complex consistent with

25 the provisions of this section. The plan may incor-
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1 porate appropriate decisions contained in any cur2 rent management or activity plan for the complex.

3 The plan may also incorporate appropriate wildlife

4 habitat management or other plans that have been

5 prepared for the lands within or adjacent to the

6 complex, and shall be prepared in close consultation

7 with appropriate Federal agencies and agencies of

8 the State of Colorado and shall use information de9 veloped in previous studies of the lands within or ad10 jacent to the complex.

11 (e) WATER RIGHTS.—Nothing in this section, nor in

12 any action taken pursuant thereto under any other Act,

13 shall constitute an express or implied reservation of water

14 for any purpose. Nothing in this section, nor any actions

15 taken pursuant thereto shall affect any existing water

16 rights, including, but not limited to, any water rights held

17 by the United States prior to the date of enactment of

18 this section. Any water rights that the Secretary deter19 mines are necessary for the purposes of this section shall

20 be acquired under the procedural and substantive require21 ments of the laws of the State of Colorado.

22 (f) RECREATIONAL AND MULTIPLE-USE ACTIVI23 TIES.—

24 (1) In carrying out this section, in addition to

25 other related activities that may be permitted pursu-
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1 ant to this section, the Secretaries shall provide for

2 general recreation and multiple use activities that

3 are considered appropriate and compatible within

4 the areas of their respective jurisdiction, including,

5 but not limited to, swimming, fishing, boating, raft6 ing, hiking, horseback riding, camping and picnick7 ing. The Secretaries shall also provide for certain

8 multiple use activities, subject to valid existing

9 rights, including grazing; and the maintenance of ex10 isting designated roads, stock driveways, and utility

11 rights-of-way. Within the boundaries of the recre12 ation area the Secretary may also provide for off13 road vehicle use below high water levels, on frozen

14 lake surfaces, and on related designated access

15 routes; and other such uses as the Secretary may

16 deem appropriate.

17 (2) The Secretaries shall permit hunting, fish18 ing, noncommercial taking of fresh-water crusta19 ceans, and trapping on the lands and waters under

20 the Secretaries jurisdiction in accordance with appli21 cable laws and regulations of the United States and

22 the State of Colorado, except that the Secretaries,

23 after consultation with the Colorado Division of

24 Wildlife, may issue regulations designating zones

25 where and establishing periods when no hunting or
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1 trapping shall be permitted for reasons of public

2 safety, administration, or public use and enjoyment.

3 Subject to valid existing rights, hunting and trap4 ping will not be allowed within the boundaries of the

5 park.

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There

7 are hereby authorized to be appropriated such sums as

8 may be necessary to carry out this section.

9 SEC. 1022. NATIONAL PARK FOUNDATION.

10 (a) The Act entitled ‘‘An Act to establish the Na11 tional Park Foundation’’, approved December 18, 1967

12 (16 U.S.C. 19e–19n), is amended—

13 (1) in section 1—

14 (A) by striking ‘‘therein’’ and inserting in

15 lieu thereof ‘‘therein, and to develop and imple16 ment means of securing funds from the private

17 sector, to enhance funding for the National

18 Park System without supplanting appropriated

19 funds otherwise available for the National Park

20 System,’’; and

21 (B) by striking ‘‘to accept and administer

22 such gifts’’;

23 (2) in section 3—

24 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and

25 (B) by inserting at the end:
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1 ‘‘(b)(1) In furtherance of the purposes of this Act,

2 the Foundation shall have exclusive authority to license

3 or authorize persons to use such trademarks, tradenames,

4 signs, symbols, emblems, insignia, logos, likenesses or slo5 gans that are or may be in the future adopted and owned

6 by the Foundation, and for which the Foundation has filed

7 an application or applications with the United States Pat8 ent and Trademark Office, for the purposes of represent9 ing, promoting or advertising for commercial purposes or

10 pecuniary gain that an individual, company, or particular

11 good or service is an official sponsor or official supporter

12 of the National Park System or National Park Service.

13 ‘‘(2) The authority provided in paragraph (1) shall

14 be subject to the following conditions:

15 ‘‘(A) The criteria and guidelines for the com16 petitive issuance and the maintenance of a license or

17 authorization, and the issuance of each license or

18 authorization, shall be subject to the prior written

19 approval of the Secretary as being appropriate to the

20 image of the National Park System and consistent

21 with the management policies and practices of the

22 National Park Service, and such approval authority

23 may not be delegated. Criteria and guidelines devel24 oped under this paragraph shall be printed in the
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1 Federal Register and shall not take effect until 60

2 days after the date of publication.

3 ‘‘(B) For good cause, the Secretary of the Inte4 rior may, after consultation with the Foundation,

5 terminate any license or authorization granted pur6 suant to this subsection.

7 ‘‘(C) Neither the Secretary of the Interior, the

8 Foundation, nor any other person may authorize an

9 individual, company, or particular good or service to

10 represent, promote, or advertise, and no person may

11 represent or imply, for commercial purposes or for

12 pecuniary gain that it is an official sponsor or offi13 cial supporter of any individual unit of the National

14 Park System.

15 ‘‘(D) The advertisements and promotional ac16 tivities undertaken by a licensee or authorized per17 son shall be appropriate to the image of the Na18 tional Park System and consistent with the manage19 ment policies and practices of the National Park

20 Service.

21 ‘‘(E) Neither the Secretary of the Interior, the

22 Foundation, nor any other person may authorize an

23 individual, company, or particular good or service to

24 represent that it is endorsed by the National Park

25 Service.
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1 ‘‘(F) Any license or authorization issued pursu2 ant to this subsection shall be for a term not to ex3 ceed 5 years and shall not grant any right or pref4 erence of renewal.

5 ‘‘(G) Nothing in this Act shall in any way re6 strict the authority of the President to manage

7 White House matters or restrict or preclude the

8 Statue of Liberty—Ellis Island Foundation, Inc.

9 (the ‘‘Statue of Liberty Foundation’’), so long as its

10 activities are authorized by a Memorandum of

11 Agreement with the Secretary of the Interior, from

12 raising donations for the restoration of the Statue of

13 Liberty and Ellis Island by, among other things, of14 fering to any third parties exclusive rights to any

15 trademark, tradename, sign, symbol, insignia, em16 blem, logo, likeness, or slogan owned by the Statue

17 of Liberty Foundation.

18 ‘‘(H) Activities of the Foundation undertaken

19 pursuant to this Act, including the licensing or au20 thorizing of official sponsors and official supporters

21 of the National Park System or National Park Serv22 ice by the Foundation, shall not preclude charitable

23 organizations or cooperating associations from con24 ducting fundraising activities or selling merchandise

25 to generate support for a unit or units of the Na-
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1 tional Park System or the National Park Service, so

2 long as such activities do not convey a right to be

3 considered as an official sponsor or official supporter

4 of such unit or units as prohibited by subparagraph

5 (B) or of the National Park System or National

6 Park Service.

7 ‘‘(c)(1) No license or authorization referred to in sub8 section (b) shall grant any person any right or authority

9 to market, advertise, display, sell, or promote, any goods,

10 products or services in any unit of the National Park Sys11 tem or in any related facility operated outside the bound12 aries of any unit, or to advertise or promote that it is an

13 official sponsor or official supporter within the meaning

14 of subsection (b) in any such unit or related facility.

15 ‘‘(2) No license or authorization may be granted to

16 any person—

17 ‘‘(A) that is in litigation against the Depart18 ment of the Interior; or

19 ‘‘(B) that has had a judgment rendered against

20 it by a court of law for a violation of any Federal

21 environmental law during the previous 5 years; or

22 ‘‘(C) which would create a conflict of interest or

23 the appearance thereof between the Department of

24 the Interior and such person.’’.

25 (3) in section 4—
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1 (A) by inserting ‘‘and section 8(b)’’ be2 tween ‘‘transfer’’ and the comma;

3 (B) by inserting ‘‘license,’’ between

4 ‘‘lease,’’ and ‘‘invest’’; and

5 (C) by striking ‘‘any business, nor shall the

6 Foundation’’ and inserting in lieu thereof

7 ‘‘business for pecuniary profit or gain, except

8 for the purposes set forth in this Act; operate

9 any commercial establishment or enterprise

10 within any unit of the National Park System;

11 engage in any lobbying activities as defined in

12 section 3(7) of the Lobbying Disclosure Act of

13 1995 (2 U.S.C. 1602(7)) concerning the man14 agement of the National Park System; or’’;

15 (4) in section 8—

16 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and

17 (B) by inserting at the end:

18 ‘‘(b) All of the income in the Foundation, net of rea19 sonable operating expenses, any contributions to local gov20 ernment pursuant to subsection (a), and reserves deter21 mined necessary or appropriate by the Board, shall be pro22 vided to or for the benefit of the National Park Service:

23 Provided, That all such net income derived from the li24 censes and authorizations referred to in section 3(b) shall

25 be expended in accordance with policies and priorities of
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1 the National Park Service on programs, projects, or activi2 ties that benefit the National Park System or National

3 Park Service as identified by the Secretary in consultation

4 with the Foundation: Provided further, That no person

5 designated as an official sponsor or supporter pursuant

6 to section 3(b) shall be permitted to direct or stipulate

7 how fees paid for such designated are to be expended.’’;

8 (5) in section 10—

9 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’;

10 and

11 (B) by inserting at the end:

12 ‘‘(b) Within 30 days of the execution of each license

13 or authorization referred to in section 3(b), the Founda14 tion shall transmit a copy thereof to the Committee on

15 Resources of the United States House of Representatives

16 and the Committee on Energy and Natural Resources of

17 the United States Senate.

18 ‘‘(c) No later than 5 years after the date of enact19 ment of this subsection, the Secretary of the Interior shall

20 submit to the Committee on Resources of the House of

21 Representatives and the Committee on Energy and Natu22 ral Resources of the United States Senate a report assess23 ing the cost, effectiveness, and effects of the licensing and

24 authorization program established pursuant to section
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1 3(b). The report shall include, but not be limited to, as2 sessments of the effect of such program on—

3 ‘‘(1) visitation levels in the National Park Sys4 tem;

5 ‘‘(2) the image of the National Park System;

6 ‘‘(3) achievement of the needs and priorities of

7 the National Park Service;

8 ‘‘(4) appropriations for the National Park Sys9 tem;

10 ‘‘(5) the costs of the Foundation and the Sec11 retary of the Interior to administer the program.’’;

12 and

13 (6) at the end, by inserting:

14 ‘‘SEC. 11. Whoever, without the authorization of the

15 Foundation, uses for purposes of trade, to induce the sale

16 of any good or service, to promote any commercial activity,

17 or for other commercial purpose the name of the Founda18 tion or any trademark, tradename, sign, symbol, emblem,

19 insignia, logo, likeness, or slogan referred to in section

20 3(b)(1), or any facsimile or simulation thereof tending to

21 cause confusion, to cause mistake, to deceive, or to suggest

22 falsely that an individual, company, or particular good or

23 service is an official sponsor or official supporter of the

24 National Park System or National Park Service, shall be

25 subject to suit in a civil action by the Foundation for the
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1 remedies provided in the Act of July 5, 1946, 60 Stat.

2 427 (15 U.S.C. sec. 1051 et. seq.).’’.

3 (b) Section 1 of Public Law 88–504 (36 U.S.C.

4 1101), as amended, is further amended by adding at the

5 end, ‘‘(78) The National Park Foundation.’’.

6 SEC. 1023. RECREATION LAKES.

7 (a) FINDINGS AND PURPOSES.—The Congress finds

8 that the Federal Government, under the authority of the

9 Reclamation Act and other statutes, has developed man10 made lakes and reservoirs that have become a powerful

11 magnet for diverse recreational activities and that such ac12 tivities contribute to the well-being of families and individ13 uals and the economic viability of local communities. The

14 Congress further finds that in order to further the pur15 poses of the Land and Water Conservation Fund, the

16 President should appoint an advisory commission to re17 view the current and anticipated demand for recreational

18 opportunities at federally-managed manmade lakes and

19 reservoirs through creative partnerships involving Federal,

20 State and local governments and the private sector and

21 to develop alternatives for enhanced recreational use of

22 such facilities.

23 (b) COMMISSION.—The Land and Water Conserva24 tion Fund Act of 1965 (Public Law 88–578, 78 Stat. 897)

25 is amended by adding at the end the following new section:
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1 ‘‘SEC. 13. (a) The President shall appoint an advisory

2 commission to review the opportunities for enhanced op3 portunities for water based recreation which shall submit

4 a report to the President and to the Committee on Energy

5 and Natural Resources of the Senate and in the House

6 of Representatives to the Committee on Transportation

7 and Infrastructure and the Committee on Resources of the

8 House of Representatives within one year from the date

9 of enactment of this section.

10 ‘‘(b) The members of the Commission shall include—

11 ‘‘(1) the Secretary of the Interior, or his des12 ignee;

13 ‘‘(2) the Secretary of the Army, or his designee;

14 ‘‘(3) the Chairman of the Tennessee Valley Au15 thority, or his designee;

16 ‘‘(4) the Secretary of Agriculture, or his des17 ignee;

18 ‘‘(5) a person nominated by the National Gov19 ernor’s Association; and

20 ‘‘(6) four persons familiar with the interests of

21 the recreation and tourism industry, conservation

22 and recreation use, Indian tribes, and local govern23 ments, at least one of whom shall be familiar with

24 the economics and financing of recreation related in25 frastructure.
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1 ‘‘(c) The President shall appoint one member to serve

2 as Chairman. Any vacancy on the Commission shall be

3 filled in the same manner as the original appointment.

4 Members of the Commission shall serve without compensa5 tion but shall be reimbursed for travel, subsistence, and

6 other necessary expenses incurred by them in the perform7 ance of their duties. The Secretary of the Interior shall

8 provide all financial, administrative, and staffing require9 ments for the Commission, including office space, furnish10 ings, and equipment. The heads of other Federal agencies

11 are authorized, at the request of the Commission, to pro12 vide such information or personnel, to the extent per13 mitted by law and within the limits of available funds, to

14 the Commission as may be useful to accomplish the pur15 poses of this section.

16 ‘‘(d) The Commission may hold such hearings, sit

17 and act at such times and places, take such testimony,

18 and receive such evidence as it deems advisable: Provided,

19 That, to the maximum extent possible, the Commission

20 shall use existing data and research. The Commission is

21 authorized to use the United States mail in the same man22 ner and upon the same conditions as other departments

23 and agencies of the United States.

24 ‘‘(e) The report shall review the extent of water relat25 ed recreation at Federal manmade lakes and reservoirs
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1 and shall develop alternatives to enhance the opportunities

2 for such use by the public. In developing the report, the

3 Commission shall—

4 ‘‘(1) review the extent to which recreation com5 ponents identified in specific authorizations associ6 ated with individual federal manmade lakes and res7 ervoirs have been accomplished,

8 ‘‘(2) evaluate the feasibility of enhancing recre9 ation opportunities at federally-managed lakes and

10 reservoirs under existing statutes,

11 ‘‘(3) consider legislative changes that would en12 hance recreation opportunities consistent with and

13 subject to the achievement of the authorized pur14 poses of federal water projects, and

15 ‘‘(4) make recommendations on alternatives for

16 enhanced recreation opportunities including, but not

17 limited to, the establishment of a National Recre18 ation Lake System under which specific lakes would

19 receive national designation and which would be

20 managed through innovative partnership-based

21 agreements between federal agencies, State and local

22 units of government, and the private sector.

23 Any such alternatives shall be consistent with and subject

24 to the authorized purposes for any manmade lakes and
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1 reservoirs and shall emphasize private sector initiatives in

2 concert with State and local units of government.’’.

3 SEC. 1024. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND

4 FOSSIL FOREST PROTECTION.

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

6 ‘‘Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest

7 Protection Act’’.

8 (b) WILDERNESS DESIGNATION.—Section 102 of the

9 San Juan Basin Wilderness Protection Act of 1984 (98

10 Stat. 3155) is amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘wilderness, and, there13 fore,’’ and all that follows through ‘‘System—

14 ’’ and inserting ‘‘wilderness areas, and as one

15 component of the National Wilderness Preser16 vation System, to be known as the ‘Bisti/De17 Na-Zin Wilderness’—’’;

18 (B) in paragraph (1), by striking ‘‘, and

19 which shall be known as the Bisti Wilderness;

20 and’’ and inserting a semicolon;

21 (C) in paragraph (2), by striking ‘‘, and

22 which shall be known as the De-Na-Zin Wilder23 ness.’’ and inserting ‘‘; and’’; and

24 (D) by adding at the end the following new

25 paragraph:
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1 ‘‘(3) certain lands in the Farmington District of

2 the Bureau of Land Management, New Mexico,

3 which comprise approximately 16,525 acres, as gen4 erally depicted on a map entitled ‘Bisti/De-Na-Zin

5 Wilderness Amendment Proposal’, dated May

6 1992.’’;

7 (2) in the first sentence of subsection (c), by in8 serting after ‘‘of this Act’’ the following: ‘‘with re9 gard to the areas described in paragraphs (1) and

10 (2) of subsection (a), and as soon as practicable

11 after the date of enactment of subsection (a)(3) with

12 regard to the area described in subsection (a)(3)’’;

13 (3) in subsection (d), by inserting after ‘‘of this

14 Act’’ the following: ‘‘with regard to the areas de15 scribed in paragraphs (1) and (2) of subsection (a),

16 and where established prior to the date of enactment

17 of subsection (a)(3) with regard to the area de18 scribed in subsection (a)(3)’’; and

19 (4) by adding at the end the following new sub20 section:

21 ‘‘(e)(1) Subject to valid existing rights, the lands de22 scribed in subsection (a)(3) are withdrawn from all forms

23 of appropriation under the mining laws and from disposi24 tion under all laws pertaining to mineral leasing, geo25 thermal leasing, and mineral material sales.
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1 ‘‘(2) The Secretary of the Interior may issue coal

2 leases in New Mexico in exchange for any preference right

3 coal lease application within the area described in sub4 section (a)(3). Such exchanges shall be made in accord5 ance with applicable existing laws and regulations relating

6 to coal leases after a determination has been made by the

7 Secretary that the applicant is entitled to a preference

8 right lease and that the exchange is in the public interest.

9 ‘‘(3) Operations on oil and gas leases issued prior to

10 the date of enactment of subsection (a)(3) shall be subject

11 to the applicable provisions of Group 3100 of title 43,

12 Code of Federal Regulations (including section 3162.5–

13 1), and such other terms, stipulations, and conditions as

14 the Secretary of the Interior considers necessary to avoid

15 significant disturbance of the land surface or impairment

16 of the ecological, educational, scientific, recreational, sce17 nic, and other wilderness values of the lands described in

18 subsection (a)(3) in existence on the date of enactment

19 of subsection (a)(3). In order to satisfy valid existing

20 rights on the lands described in subsection (a)(3), the Sec21 retary of the Interior may exchange any oil and gas lease

22 within this area for an unleased parcel outside this area

23 of like mineral estate and with similar appraised mineral

24 values.’’.
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1 (c) EXCHANGES FOR STATE LANDS.—Section 104 of

2 the San Juan Basin Wilderness Protection Act of 1984

3 (98 Stat. 3156) is amended—

4 (1) in the first sentence of subsection (b), by in5 serting after ‘‘of this Act’’ the following: ‘‘with re6 gard to the areas described in paragraphs (1) and

7 (2) of subsection (a), and not later than 120 days

8 after the date of enactment of subsection (a)(3) with

9 regard to the area described in subsection (a)(3)’’;

10 (2) in subsection (c), by inserting before the pe11 riod the following: ‘‘with regard to the areas de12 scribed in paragraphs (1) and (2) of subsection (a),

13 and as of the date of enactment of subsection (a)(3)

14 with regard to the area described in subsection

15 (a)(3)’’; and

16 (3) in the last sentence of subsection (d), by in17 serting before the period the following: ‘‘with regard

18 to the areas described in paragraphs (1) and (2) of

19 subsection (a), and not later than 2 years after the

20 date of enactment of subsection (a)(3) with regard

21 to the area described in subsection (a)(3)’’.

22 (d) EXCHANGES FOR INDIAN LANDS.—Section 105

23 of the San Juan Basin Wilderness Protection Act of 1984

24 (98 Stat. 3157) is amended by adding at the end the fol25 lowing new subsection:
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1 ‘‘(d)(1) The Secretary of the Interior shall exchange

2 any lands held in trust for the Navajo Tribe by the Bureau

3 of Indian Affairs that are within the boundary of the area

4 described in subsection (a)(3).

5 ‘‘(2) The lands shall be exchanged for lands within

6 New Mexico approximately equal in value that are selected

7 by the Navajo Tribe.

8 ‘‘(3) After the exchange, the lands selected by the

9 Navajo Tribe shall be held in trust by the Secretary of

10 the Interior in the same manner as the lands described

11 in paragraph (1).’’.

12 (e) FOSSIL FOREST RESEARCH NATURAL AREA.—

13 Section 103 of the San Juan Basin Wilderness Protection

14 Act of 1984 (98 Stat. 3156) is amended to read as follows:

15 ‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

16 ‘‘(a) ESTABLISHMENT.—To conserve and protect

17 natural values and to provide scientific knowledge, edu18 cation, and interpretation for the benefit of future genera19 tions, there is established the Fossil Forest Research Nat20 ural Area (referred to in this section as the ‘Area’), con21 sisting of the approximately 2,770 acres in the Farming22 ton District of the Bureau of Land Management, New

23 Mexico, as generally depicted on a map entitled ‘Fossil

24 Forest’, dated June 1983.

25 ‘‘(b) MAP AND LEGAL DESCRIPTION.—
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1 ‘‘(1) IN GENERAL.—As soon as practicable

2 after the date of enactment of this paragraph, the

3 Secretary of the Interior shall file a map and legal

4 description of the Area with the Committee on En5 ergy and Natural Resources of the Senate and the

6 Committee on Natural Resources of the House of

7 Representatives.

8 ‘‘(2) FORCE AND EFFECT.—The map and legal

9 description described in paragraph (1) shall have the

10 same force and effect as if included in this Act.

11 ‘‘(3) TECHNICAL CORRECTIONS.—The Sec12 retary of the Interior may correct clerical, typo13 graphical, and cartographical errors in the map and

14 legal description subsequent to filing the map pursu15 ant to paragraph (1).

16 ‘‘(4) PUBLIC INSPECTION.—The map and legal

17 description shall be on file and available for public

18 inspection in the Office of the Director of the Bu19 reau of Land Management, Department of the Inte20 rior.

21 ‘‘(c) MANAGEMENT.—

22 ‘‘(1) IN GENERAL.—The Secretary of the Inte23 rior, acting through the Director of the Bureau of

24 Land Management, shall manage the Area—
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1 ‘‘(A) to protect the resources within the

2 Area; and

3 ‘‘(B) in accordance with this Act, the Fed4 eral Land Policy and Management Act of 1976

5 (43 U.S.C. 1701 et seq.), and other applicable

6 provisions of law.

7 ‘‘(2) MINING.—

8 ‘‘(A) WITHDRAWAL.—Subject to valid ex9 isting rights, the lands within the Area are

10 withdrawn from all forms of appropriation

11 under the mining laws and from disposition

12 under all laws pertaining to mineral leasing,

13 geothermal leasing, and mineral material sales.

14 ‘‘(B) COAL PREFERENCE RIGHTS.—The

15 Secretary of the Interior is authorized to issue

16 coal leases in New Mexico in exchange for any

17 preference right coal lease application within

18 the Area. Such exchanges shall be made in ac19 cordance with applicable existing laws and regu20 lations relating to coal leases after a determina21 tion has been made by the Secretary that the

22 applicant is entitled to a preference right lease

23 and that the exchange is in the public interest.

24 ‘‘(C) OIL AND GAS LEASES.—Operations

25 on oil and gas leases issued prior to the date of
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1 enactment of this paragraph shall be subject to

2 the applicable provisions of Group 3100 of title

3 43, Code of Federal Regulations (including sec4 tion 3162.5–1), and such other terms, stipula5 tions, and conditions as the Secretary of the In6 terior considers necessary to avoid significant

7 disturbance of the land surface or impairment

8 of the natural, educational, and scientific re9 search values of the Area in existence on the

10 date of enactment of this paragraph.

11 ‘‘(3) GRAZING.—Livestock grazing on lands

12 within the Area may not be permitted.

13 ‘‘(d) INVENTORY.—Not later than 3 full fiscal years

14 after the date of enactment of this subsection, the Sec15 retary of the Interior, acting through the Director of the

16 Bureau of Land Management, shall develop a baseline in17 ventory of all categories of fossil resources within the

18 Area. After the inventory is developed, the Secretary shall

19 conduct monitoring surveys at intervals specified in the

20 management plan developed for the Area in accordance

21 with subsection (e).

22 ‘‘(e) MANAGEMENT PLAN.—

23 ‘‘(1) IN GENERAL.—Not later than 5 years

24 after the date of enactment of this Act, the Sec25 retary of the Interior shall develop and submit to the
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1 Committee on Energy and Natural Resources of the

2 Senate and the Committee on Natural Resources of

3 the House of Representatives a management plan

4 that describes the appropriate uses of the Area con5 sistent with this Act.

6 ‘‘(2) CONTENTS.—The management plan shall

7 include—

8 ‘‘(A) a plan for the implementation of a

9 continuing cooperative program with other

10 agencies and groups for—

11 ‘‘(i) laboratory and field interpreta12 tion; and

13 ‘‘(ii) public education about the re14 sources and values of the Area (including

15 vertebrate fossils);

16 ‘‘(B) provisions for vehicle management

17 that are consistent with the purpose of the Area

18 and that provide for the use of vehicles to the

19 minimum extent necessary to accomplish an in20 dividual scientific project;

21 ‘‘(C) procedures for the excavation and col22 lection of fossil remains, including botanical fos23 sils, and the use of motorized and mechanical

24 equipment to the minimum extent necessary to

25 accomplish an individual scientific project; and
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1 ‘‘(D) mitigation and reclamation standards

2 for activities that disturb the surface to the det3 riment of scenic and environmental values.’’.

4 SEC. 1025. OPAL CREEK WILDERNESS AND SCENIC RECRE5 ATION AREA.

6 (a) DEFINITIONS.—In this section:

7 (1) BULL OF THE WOODS WILDERNESS.—The

8 term ‘‘Bull of the Woods Wilderness’’ means the

9 land designated as wilderness by section 3(4) of the

10 Oregon Wilderness Act of 1984 (Public Law 98–

11 328; 16 U.S.C. 1132 note).

12 (2) OPAL CREEK WILDERNESS.—The term

13 ‘‘Opal Creek Wilderness’’ means certain land in the

14 Willamette National Forest in the State of Oregon

15 comprising approximately 12,800 acres, as generally

16 depicted on the map entitled ‘‘Proposed Opal Creek

17 Wilderness and Scenic Recreation Area’’, dated July

18 1996.

19 (3) SCENIC RECREATION AREA.—The term

20 ‘‘Scenic Recreation Area’’ means the Opal Creek

21 Scenic Recreation Area, comprising approximately

22 13,000 acres, as generally depicted on the map enti23 tled ‘‘Proposed Opal Creek Wilderness and Scenic

24 Recreation Area’’, dated July 1996 and established

25 under subsection (c)(1)(C).
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Agriculture.

3 (b) PURPOSES.—The purposes of this section are—

4 (1) to establish a wilderness and scenic recre5 ation area to protect and provide for the enhance6 ment of the natural, scenic, recreational, historic

7 and cultural resources of the area in the vicinity of

8 Opal Creek;

9 (2) to protect and support the economy of the

10 communities in the Santiam Canyon; and

11 (3) to provide increased protection for an im12 portant drinking water source for communities

13 served by the North Santiam River.

14 (c) ESTABLISHMENT OF OPAL CREEK WILDERNESS

15 AND SCENIC RECREATION AREA.—

16 (1) ESTABLISHMENT.—On a determination by

17 the Secretary under paragraph (2)—

18 (A) the Opal Creek Wilderness, as depicted

19 on the map described in subsection (a)(2), is

20 hereby designated as wilderness, subject to the

21 provisions of the Wilderness Act of 1964, shall

22 become a component of the National Wilderness

23 System, and shall be known as the Opal Creek

24 Wilderness;
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1 (B) the part of the Bull of the Woods Wil2 derness that is located in the Willamette Na3 tional Forest shall be incorporated into the

4 Opal Creek Wilderness; and

5 (C) the Secretary shall establish the Opal

6 Creek Scenic Recreation Area in the Willamette

7 National Forest in the State of Oregon, com8 prising approximately 13,000 acres, as gen9 erally depicted on the map described in sub10 section (a)(3).

11 (2) CONDITIONS.—The designations in para12 graph (1) shall not take effect unless the Secretary

13 makes a determination, not later than 2 years after

14 the date of enactment of this title, that the following

15 conditions have been met:

16 (A) the following have been donated to the

17 United States in an acceptable condition and

18 without encumbrances:

19 (i) all right, title, and interest in the

20 following patented parcels of land—

21 (I) Santiam Number 1, mineral

22 survey number 992, as described in

23 patent number 39–92–0002, dated

24 December 11, 1991;
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1 (II) Ruth Quartz Mine Number

2 2, mineral survey number 994, as de3 scribed in patent number 39–91–

4 0012, dated February 12, 1991;

5 (III) Morning Star Lode, mineral

6 survey number 993, as described in

7 patent number 36–91–0011, dated

8 February 12, 1991;

9 (ii) all right, title, and interest held by

10 any entity other than the Times Mirror

11 Land and Timber Company, its successors

12 and assigns, in and to lands located in sec13 tion 18, township 8 south, range 5 east,

14 Marion County, Oregon, Eureka numbers

15 6, 7, 8, and 13 mining claims; and

16 (iii) an easement across the Hewitt,

17 Starvation, and Poor Boy Mill Sites, min18 eral survey number 990, as described in

19 patent number 36–91–0017, dated May 9,

20 1991. In the sole discretion of the Sec21 retary, such easement may be limited to

22 administrative use if an alternative access

23 route, adequate and appropriate for public

24 use, is provided.
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1 (B) a binding agreement has been executed

2 by the Secretary and the owners of record as of

3 March 29, 1996, of the following interests,

4 specifying the terms and conditions for the dis5 position of such interests to the United States

6 Government—

7 (i) the lode mining claims known as

8 Princess Lode, Black Prince Lode, and

9 King Number 4 Lode, embracing portions

10 of sections 29 and 32, township 8 south,

11 range 5 east, Willamette Meridian, Marion

12 County, Oregon, the claims being more

13 particularly described in the field notes

14 and depicted on the plat of mineral survey

15 number 887, Oregon; and

16 (ii) Ruth Quartz Mine Number 1,

17 mineral survey number 994, as described

18 in patent number 39–91–0012, dated Feb19 ruary 12, 1991.

20 (3) ADDITIONS TO THE WILDERNESS AND SCE21 NIC RECREATION AREAS.—

22 (A) Lands or interests in lands conveyed to

23 the United States under this subsection shall be

24 included in and become part of, as appropriate,
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1 Opal Creek Wilderness or the Opal Creek Sce2 nic Recreation Area.

3 (B) On acquiring all or substantially all of

4 the land located in section 36, township 8

5 south, range 4 east, of the Willamette Meridian,

6 Marion County, Oregon, commonly known as

7 the Rosboro section by exchange, purchase from

8 a willing seller, or by donation, the Secretary

9 shall expand the boundary of the Scenic Recre10 ation Area to include such land.

11 (C) On acquiring all or substantially all of

12 the land located in section 18, township 8

13 south, range 5 east, Marion County, Oregon,

14 commonly known as the Times Mirror property,

15 by exchange, purchase from a willing seller, or

16 by donation, such land shall be included in and

17 become a part of the Opal Creek Wilderness.

18 (d) ADMINISTRATION OF THE SCENIC RECREATION

19 AREA.—

20 (1) IN GENERAL.—The Secretary shall admin21 ister the Scenic Recreation Area in accordance with

22 this section and the laws (including regulations) ap23 plicable to the National Forest System.

24 (2) OPAL CREEK MANAGEMENT PLAN.—
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1 (A) IN GENERAL.—Not later than 2 years

2 after the date of establishment of the Scenic

3 Recreation Area, the Secretary, in consultation

4 with the advisory committee established under

5 subsection (e)(1), shall prepare a comprehensive

6 Opal Creek Management Plan (Management

7 Plan) for the Scenic Recreation Area.

8 (B) INCORPORATION IN LAND AND RE9 SOURCE MANAGEMENT PLAN.—Upon its com10 pletion, the Opal Creek Management Plan shall

11 become part of the land and resource manage12 ment plan for the Willamette National Forest

13 and supersede any conflicting provision in such

14 land and resource management plan.Nothing in

15 this paragraph shall be construed to supersede

16 the requirements of the Endangered Species

17 Act or the National Forest Management Act or

18 regulations promulgated under those Acts, or

19 any other law.

20 (C) REQUIREMENTS.—The Opal Creek

21 Management Plan shall provide for a broad

22 range of land uses, including—

23 (i) recreation;
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1 (ii) harvesting of nontraditional forest

2 products, such as gathering mushrooms

3 and material to make baskets; and

4 (iii) educational and research opportu5 nities.

6 (D) PLAN AMENDMENTS.—The Secretary

7 may amend the Opal Creek Management Plan

8 as the Secretary may determine to be nec9 essary, consistent with the procedures and pur10 poses of this section.

11 (3) CULTURAL AND HISTORIC RESOURCE IN12 VENTORY.—

13 (A) IN GENERAL.—Not later than 1 year

14 after the date of establishment of the Scenic

15 Recreation Area, the Secretary shall review and

16 revise the inventory of the cultural and historic

17 resources on the public land in the Scenic

18 Recreation Area developed pursuant to the Or19 egon Wilderness Act of 1984 (Public Law 98–

20 328; 16 U.S.C. 1132).

21 (B) INTERPRETATION.—Interpretive activi22 ties shall be developed under the management

23 plan in consultation with State and local his24 toric preservation organizations and shall in25 clude a balanced and factual interpretation of
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1 the cultural, ecological, and industrial history of

2 forestry and mining in the Scenic Recreation

3 Area.

4 (4) TRANSPORTATION PLANNING.—

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

6 this subparagraph, motorized vehicles shall not

7 be permitted in the Scenic Recreation Area.To

8 maintain reasonable motorized and other access

9 to recreation sites and facilities in existence on

10 the date of enactment of this title, the Sec11 retary shall prepare a transportation plan for

12 the Scenic Recreation Area that—

13 (i) evaluates the road network within

14 the Scenic Recreation Area to determine

15 which roads should be retained and which

16 roads should be closed;

17 (ii) provides guidelines for transpor18 tation and access consistent with this sec19 tion;

20 (iii) considers the access needs of per21 sons with disabilities in preparing the

22 transportation plan for the Scenic Recre23 ation Area;

24 (iv) allows forest road 2209 beyond

25 the gate to the Scenic Recreation Area, as
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1 depicted on the map described in sub2 section (a)(2), to be used by motorized ve3 hicles only for administrative purposes and

4 for access by private inholders, subject to

5 such terms and conditions as the Secretary

6 may determine to be necessary; and

7 (v) restricts construction or improve8 ment of forest road 2209 beyond the gate

9 to the Scenic Recreation Area to maintain10 ing the character of the road as it existed

11 upon the date of enactment of this Act,

12 which shall not include paving or widening.

13 In order to comply with subsection (f)(2), the Sec14 retary may make improvements to forest road 2209

15 and its bridge structures consistent with the char16 acter of the road as it existed on the date of enact17 ment of this Act.

18 (5) HUNTING AND FISHING.—

19 (A) IN GENERAL.—Subject to applicable

20 Federal and State law, the Secretary shall per21 mit hunting and fishing in the Scenic Recre22 ation Area.

23 (B) LIMITATION.—The Secretary may des24 ignate zones in which, and establish periods

25 when, no hunting or fishing shall be permitted
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1 for reasons of public safety, administration, or

2 public use and enjoyment of the Scenic Recre3 ation Area.

4 (C) CONSULTATION.—Except during an

5 emergency, as determined by the Secretary, the

6 Secretary shall consult with the Oregon State

7 Department of Fish and Wildlife before issuing

8 any regulation under this subsection.

9 (6) TIMBER CUTTING.—

10 (A) IN GENERAL.—Subject to subpara11 graph (B), the Secretary shall prohibit the cut12 ting and/or selling of trees in the Scenic Recre13 ation Area.

14 (B) PERMITTED CUTTING.—

15 (i) IN GENERAL.—Subject to clause

16 (ii), the Secretary may allow the cutting of

17 trees in the Scenic Recreation Area only—

18 (I) for public safety, such as to

19 control the continued spread of a for20 est fire in the Scenic Recreation Area

21 or on land adjacent to the Scenic

22 Recreation Area;

23 (II) for activities related to ad24 ministration of the Scenic Recreation
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1 Area, consistent with the Opal Creek

2 Management Plan; or

3 (III) for removal of hazard trees

4 along trails and roadways.

5 (ii) SALVAGE SALES.—The Secretary

6 may not allow a salvage sale in the Scenic

7 Recreation Area.

8 (7) WITHDRAWAL.

9 (A) subject to valid existing rights, all

10 lands in the scenic recreation area are with11 drawn from—

12 (i) any form of entry, appropriation,

13 or disposal under the public land laws;

14 (ii) location, entry, and patent under

15 the mining laws; and

16 (iii) disposition under the mineral and

17 geothermal leasing laws.

18 (8) BORNITE PROJECT.—

19 (A) Nothing in this section shall be con20 strued to interfere with or approve any explo21 ration, mining, or mining-related activity in the

22 Bornite Project Area, depicted on the map de23 scribed in subsection (a)(3), conducted in ac24 cordance with applicable laws.
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1 (B) Nothing in this section shall be con2 strued to interfere with the ability of the Sec3 retary to approve and issue, or deny, special use

4 permits in connection with exploration, mining,

5 and mining-related activities in the Bornite

6 Project Area.

7 (C) Motorized vehicles, roads, structures,

8 and utilities (including but not limited to power

9 lines and water lines) may be allowed inside the

10 Scenic Recreation Area to serve the activities

11 conducted on land within the Bornite Project.

12 (D) After the date of enactment of this

13 Act, no patent shall be issued for any mining

14 claim under the general mining laws located

15 within the Bornite Project Area.

16 (9) WATER IMPOUNDMENTS.—Notwithstanding

17 the Federal Power Act (16 U.S.C. 791a et seq.), the

18 Federal Energy Regulatory Commission may not li19 cense the construction of any dam, water conduit,

20 reservoir, powerhouse, transmission line, or other

21 project work in the Scenic Recreation Area, except

22 as may be necessary to comply with the provisions

23 of paragraph (8) with regard to the Bornite Project.

24 (10) RECREATION.—
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1 (A) RECOGNITION.—Congress recognizes

2 recreation as an appropriate use of the Scenic

3 Recreation Area.

4 (B) MINIMUM LEVELS.—The management

5 plan shall permit recreation activities at not less

6 than the levels in existence on the date of en7 actment of this Act.

8 (C) HIGHER LEVELS.—The management

9 plan may provide for levels of recreation use

10 higher than the levels in existence on the date

11 of enactment of this Act if such uses are con12 sistent with the protection of the resource val13 ues of Scenic Recreation Area.

14 (D) The management plan may include

15 public trail access through section 28, township

16 8 south, range 5 east, Willamette Meridian, to

17 Battle Axe Creek, Opal Pool and other areas in

18 the Opal Creek Wilderness and the Opal Creek

19 Scenic Recreation Area.

20 (11) PARTICIPATION.—So that the knowledge,

21 expertise, and views of all agencies and groups may

22 contribute affirmatively to the most sensitive present

23 and future use of the Scenic Recreation Area and its

24 various subareas for the benefit of the public:
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1 (A) ADVISORY COUNCIL.—The Secretary

2 shall consult on a periodic and regular basis

3 with the advisory council established under sub4 section (e) with respect to matters relating to

5 management of the Scenic Recreation Area.

6 (B) PUBLIC PARTICIPATION.—The Sec7 retary shall seek the views of private groups, in8 dividuals, and the public concerning the Scenic

9 Recreation Area.

10 (C) OTHER AGENCIES.—The Secretary

11 shall seek the views and assistance of, and co12 operate with, any other Federal, State, or local

13 agency with any responsibility for the zoning,

14 planning, or natural resources of the Scenic

15 Recreation Area.

16 (D) NONPROFIT AGENCIES AND ORGANIZA17 TIONS.—The Secretary shall seek the views of

18 any nonprofit agency or organization that may

19 contribute information or expertise about the

20 resources and the management of the Scenic

21 Recreation Area.

22 (e) ADVISORY COUNCIL.—

23 (1) ESTABLISHMENT.—Not later than 90 days

24 after the establishment of the Scenic Recreation
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1 Area, the Secretary shall establish an advisory coun2 cil for the Scenic Recreation Area.

3 (2) MEMBERSHIP.—The advisory council shall

4 consist of not more than 13 members, of whom—

5 (A) 1 member shall represent Marion

6 County, Oregon, and shall be designated by the

7 governing body of the county;

8 (B) 1 member shall represent the State of

9 Oregon and shall be designated by the Governor

10 of Oregon;

11 (C) 1 member shall represent the City of

12 Salem, and shall be designated by the mayor of

13 Salem, Oregon;

14 (D) 1 member from a city within a 25 mile

15 radius of the Opal Creek Scenic Recreation

16 Area, to be designated by the Governor of the

17 State of Oregon from a list of candidates pro18 vided by the mayors of the cities located within

19 a 25 mile radius of the Opal Creek Scenic

20 Recreation Area; and

21 (E) not more than 9 members shall be ap22 pointed by the Secretary from among persons

23 who, individually or through association with a

24 national or local organization, have an interest

25 in the administration of the Scenic Recreation
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1 Area, including, but not limited to, representa2 tives of the timber industry, environmental or3 ganizations, the mining industry, inholders in

4 the Opal Creek Wilderness and Scenic Recre5 ation Area, economic development interests and

6 Indian tribes.

7 (3) STAGGERED TERMS.—Members of the advi8 sory council shall serve for staggered terms of 3

9 years.

10 (4) CHAIRMAN.—The Secretary shall designate

11 1 member of the advisory council as chairman.

12 (5) VACANCIES.—The Secretary shall fill a va13 cancy on the advisory council in the same manner as

14 the original appointment.

15 (6) COMPENSATION.—Members of the advisory

16 council shall receive no compensation for their serv17 ice on the advisory council.

18 (f) GENERAL PROVISIONS.—

19 (1) LAND ACQUISITION.—

20 (A) IN GENERAL.—Subject to the other

21 provisions of this section, the Secretary may ac22 quire any lands or interests in land in the Sce23 nic Recreation Area or the Opal Creek Wilder24 ness that the Secretary determines are needed

25 to carry out this section.
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1 (B) PUBLIC LAND.—Any lands or interests

2 in land owned by a State or a political subdivi3 sion of a State may be acquired only by dona4 tion or exchange.

5 (C) CONDEMNATION.—Within the bound6 aries of the Opal Creek Wilderness or the Sce7 nic Recreation Area, the Secretary may not ac8 quire any privately owned land or interest in

9 land without the consent of the owner unless

10 the Secretary finds that—

11 (i) the nature of land use has changed

12 significantly, or the landowner has dem13 onstrated intent to change the land use

14 significantly, from the use that existed on

15 the date of the enactment of this Act; and

16 (ii) acquisition by the Secretary of the

17 land or interest in land is essential to en18 sure use of the land or interest in land in

19 accordance with the purposes of this title

20 or the management plan prepared under

21 subsection (d)(2).

22 (D) Nothing in this section shall be con23 strued to enhance or diminish the condemnation

24 authority available to the Secretary outside the
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1 boundaries of the Opal Creek Wilderness or the

2 Scenic Recreation Area.

3 (2) ENVIRONMENTAL RESPONSE ACTIONS AND

4 COST RECOVERY.—

5 (A) RESPONSE ACTIONS.—Nothing in this

6 section shall limit the authority of the Secretary

7 or a responsible party to conduct an environ8 mental response action in the Scenic Recreation

9 Area in connection with the release, threatened

10 release, or cleanup of a hazardous substance,

11 pollutant, or contaminant, including a response

12 action conducted under the Comprehensive En13 vironmental Response, Compensation, and Li14 ability Act of 1980 (42 U.S.C. 9601 et seq.).

15 (B) LIABILITY.—Nothing in this section

16 shall limit the authority of the Secretary or a

17 responsible party to recover costs related to the

18 release, threatened release, or cleanup of any

19 hazardous substance or pollutant or contami20 nant in the Scenic Recreation Area.

21 (3) MAPS AND DESCRIPTION.—

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

23 after the date of enactment of this Act, the Sec24 retary shall file a map and a boundary descrip25 tion for the Opal Creek Wilderness and for the
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1 Scenic Recreation Area with the Committee on

2 Resources of the House of Representatives and

3 the Committee on Energy and Natural Re4 sources of the Senate.

5 (B) FORCE AND EFFECT.—The boundary

6 description and map shall have the same force

7 and effect as if the description and map were

8 included in this section, except that the Sec9 retary may correct clerical and typographical

10 errors in the boundary description and map.

11 (C) AVAILABILITY.—The map and bound12 ary description shall be on file and available for

13 public inspection in the Office of the Chief of

14 the Forest Service, Department of Agriculture.

15 (4) SAVINGS PROVISION.—Nothing in this sec16 tion shall interfere with any activity for which a spe17 cial use permit has been issued, has not been re18 voked, and has not expired, before the date of enact19 ment of this Act, subject to the terms of the permit.

20 (g) ROSBORO LAND EXCHANGE.—

21 (1) AUTHORIZATION.—Notwithstanding any

22 other law, if the Rosboro Lumber Company (referred

23 to in this subsection as ‘‘Rosboro’’) offers and con24 veys marketable title to the United States to the

25 land described in paragraph (2), the Secretary of
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1 Agriculture shall convey all right, title and interest

2 held by the United States to sufficient lands de3 scribed in paragraph (3) to Rosboro, in the order in

4 which they appear in this subsection, as necessary to

5 satisfy the equal value requirements of paragraph

6 (4).

7 (2) LAND TO BE OFFERED BY ROSBORO.—The

8 land referred to in paragraph (1) as the land to be

9 offered by Rosboro shall comprise Section 36, Town10 ship 8 South, Range 4 East, Willamette Meridian.

11 (3) LAND TO BE CONVEYED BY THE UNITED

12 STATES.—The land referred to in paragraph (1) as

13 the land to be conveyed by the United States shall

14 comprise sufficient land from the following

15 prioritized list to be of equal value under paragraph

16 (4):

17 (A) Section 5, Township 17 South, Range

18 4 East, Lot 7 (37.63 acres);

19 (B) Section 2, Township 17 South, Range

20 4 East, Lot 3 (29.28 acres);

21 (C) Section 13, Township 17 South, Range

4 East, S1⁄2 SE1 22 ⁄4 (80 acres);

23 (D) Section 2, Township 17 South, Range

4 East, SW1⁄4 SW1 24 ⁄4 (40 acres);
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1 (E) Section 2, Township 17 South, Range

4 East, NW1⁄4 SE1 2 ⁄4 (40 acres);

3 (F) Section 8, Township 17 South, Range

4 East, SE1⁄4 SW1 4 ⁄4 (40 acres);

5 (G) Section 11, Township 17 South, Range

4 East, W1⁄2 NW1 6 ⁄4 (80 acres);

7 (4) EQUAL VALUE.—The land and interests in

8 land exchanged under this subsection shall be of

9 equal market value as determined by nationally rec10 ognized appraisal standards, including, to the extent

11 appropriate, the Uniform Standards for Federal

12 Land Acquisition, the Uniform Standards of Profes13 sional Appraisal Practice, or shall be equalized by

14 way of payment of cash pursuant to the provisions

15 of section 206(d) of the Federal Land Policy and

16 Management Act of 1976 (43 U.S.C. 1716(d)), and

17 other applicable law. The appraisal shall consider ac18 cess costs for the parcels involved.

19 (5) TIMETABLE.—

20 (A) The exchange directed by this sub21 section shall be consummated not later than

22 120 days after the date Rosboro offers and con23 veys the property described in paragraph (2) to

24 the United States.
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1 (B) The authority provided by this sub2 section shall lapse if Rosboro fails to offer the

3 land described in paragraph (2) within 2 years

4 after the date of enactment of this Act.

5 (6) CHALLENGE.—Rosboro shall have the right

6 to challenge in United States District Court for the

7 District of Oregon a determination of marketability

8 under paragraph (1) and a determination of value

9 for the lands described in paragraphs (2) and (3) by

10 the Secretary of Agriculture. The court shall have

11 the authority to order the Secretary to complete the

12 transaction contemplated in this subsection.

13 (7) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated such sums

15 as are necessary to carry out this subsection.

16 (h) DESIGNATION OF ELKHORN CREEK AS A WILD

17 AND SCENIC RIVER.—Section 3(a) of the Wild and Scenic

18 Rivers Act (16 U.S.C. 1274(a)) is amended by adding at

19 the end the following:

20 ‘‘( )(A) ELKHORN CREEK.—The 6.4-mile segment

21 traversing federally administered lands from that point

22 along the Willamette National Forest boundary on the

23 common section line between Sections 12 and 13, Town24 ship 9 South, Range 4 East, Willamette Meridian, to that

25 point where the segment leaves Federal ownership along
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1 the Bureau of Land Management boundary in Section 1,

2 Township 9 South, Range 3 East, Willamette Meridian,

3 in the following classes:

4 ‘‘(i) a 5.8-mile wild river area, extending from

5 that point along the Willamette National Forest

6 boundary on the common section line between Sec7 tions 12 and 13, Township 9 South, Range 4 East,

8 Willamette Meridian, to its confluence with Buck

9 Creek in Section 1, Township 9 South, Range 3

10 East, Willamette Meridian, to be administered as

11 agreed on by the Secretaries of Agriculture and the

12 Interior, or as directed by the President; and

13 ‘‘(ii) a 0.6-mile scenic river area, extending

14 from the confluence with Buck Creek in Section 1,

15 Township 9 South, Range 3 East, Willamette Merid16 ian, to that point where the segment leaves Federal

17 ownership along the Bureau of Land Management

18 boundary in Section 1, Township 9 South, Range 3

19 East, Willamette Meridian, to be administered by

20 the Secretary of Interior, or as directed by the

21 President.

22 ‘‘(B) Notwithstanding section 3(b) of this Act, the

23 lateral boundaries of both the wild river area and the sce24 nic river area along Elkhorn Creek shall include an aver-
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1 age of not more than 640 acres per mile measured from

2 the ordinary high water mark on both sides of the river.’’.

3 (i) ECONOMIC DEVELOPMENT.—

4 (1) ECONOMIC DEVELOPMENT PLAN.—As a

5 condition for receiving funding under paragraph (2),

6 the State of Oregon, in consultation with Marion

7 County, Oregon, and the Secretary of Agriculture,

8 shall develop a plan for economic development

9 projects for which grants under this subsection may

10 be used in a manner consistent with this section and

11 to benefit local communities in the vicinity of the

12 Opal Creek area. Such plan shall be based on an

13 economic opportunity study and other appropriate

14 information.

15 (2) FUNDS PROVIDED TO THE STATES FOR

16 GRANTS.—Upon completion of the Opal Creek Man17 agement Plan, and receipt of the plan referred to in

18 paragraph (1), the Secretary shall provide, subject

19 to appropriations, $15,000,000 to the State of Or20 egon. Such funds shall be used to make grants or

21 loans for economic development projects that further

22 the purposes of this section and benefit the local

23 communities in the vicinity of the Opal Creek area.

24 (3) REPORT.—The State of Oregon shall—
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1 (A) prepare and provide the Secretary and

2 Congress with an annual report on the use of

3 the funds made available under this subsection;

4 (B) make available to the Secretary and to

5 Congress, upon request, all accounts, financial

6 records, and other information related to grants

7 and loans made available pursuant to this sub8 section; and

9 (C) as loans are repaid, make additional

10 grants and loans with the money made available

11 for obligation by such repayments.

12 SEC. 1026. UPPER KLAMATH BASIN ECOLOGICAL RESTORA13 TION PROJECTS.

14 (a) DEFINITIONS.—In this section:

15 (1) ECOSYSTEM RESTORATION OFFICE.—The

16 term ‘‘Ecosystem Restoration Office’’ means the

17 Klamath Basin Ecosystem Restoration Office oper18 ated cooperatively by the United States Fish and

19 Wildlife Service, Bureau of Reclamation, Bureau of

20 Land Management, and Forest Service.

21 (2) WORKING GROUP.—The term ‘‘Working

22 Group’’ means the Upper Klamath Basin Working

23 Group, established before the date of enactment of

24 this title, consisting of members nominated by their

25 represented groups, including—
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1 (A) 3 tribal members;

2 (B) 1 representative of the city of Klamath

3 Falls, Oregon;

4 (C) 1 representative of Klamath County,

5 Oregon;

6 (D) 1 representative of institutions of

7 higher education in the Upper Klamath Basin;

8 (E) 4 representatives of the environmental

9 community, including at least one such rep10 resentative from the State of California with in11 terests in the Klamath Basin National Wildlife

12 Refuge Complex;

13 (F) 4 representatives of local businesses

14 and industries, including at least one represent15 ative of the forest products industry and one

16 representative of the ocean commercial fishing

17 industry and/or the recreational fishing industry

18 based in either Oregon or California;

19 (G) 4 representatives of the ranching and

20 farming community, including representatives

21 of Federal lease-land farmers and ranchers and

22 of private land farmers and ranchers in the

23 Upper Klamath Basin;

24 (H) 2 representatives from State of Or25 egon agencies with authority and responsibility
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1 in the Klamath River Basin, including one from

2 the Oregon Department of Fish and Wildlife

3 and one from the Oregon Water Resources De4 partment;

5 (I) 4 representatives from the local com6 munity; and

7 (J) One representative each from the fol8 lowing Federal resource management agencies

9 in the Upper Klamath Basin: Fish and Wildlife

10 Service, Bureau of Reclamation, Bureau of

11 Land Management, Bureau of Indian Affairs,

12 Forest Service, Natural Resources Conservation

13 Service, National Marine Fisheries Service and

14 Ecosystem Restoration Office.

15 (K) One representative of the Klamath

16 County Soil and Water Conservation District.

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

18 the Secretary of the Interior.

19 (4) TASK FORCE.—The term ‘‘Task Force’’

20 means the Klamath River Basin Fisheries Task

21 Force as established by the Klamath River Basin

22 Fishery Resource Restoration Act (Public Law 99–

23 552, 16 U.S.C. 460ss–3, et.seq.).

24 (5) COMPACT COMMISSION.—The term ‘‘Com25 pact Commission’’ means the Klamath River Basin
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1 Compact Commission created pursuant to the Klam2 ath River Compact Act of 1954.

3 (6) CONSENSUS.—The term ‘‘consensus’’ means

4 a unanimous agreement by the Working Group

5 members present and consisting of at least a

6 quorum at a regularly scheduled business meeting.

7 (7) QUORUM.—The term ‘‘quorum’’ means one

8 more than half of those qualified Working Group

9 members appointed and eligible to serve.

10 (8) TRINITY TASK FORCE.—The term ‘‘Trinity

11 Task Force’’ means the Trinity River Restoration

12 Task Force created by Public Law 98–541, as

13 amended by Public Law 104–143.

14 (b) IN GENERAL.—

15 (1) The Working Group through the Ecosystem

16 Restoration Office, with technical assistance from

17 the Secretary, will propose ecological restoration

18 projects, economic development and stability

19 projects, and projects designed to reduce the impacts

20 of drought conditions to be undertaken in the Upper

21 Klamath Basin based on a consensus of the Working

22 Group membership.

23 (2) The Secretary shall pay, to the greatest ex24 tent feasible, up to 50 percent of the cost of per25 forming any project approved by the Secretary or his
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1 designee, up to a total amount of $1,000,000 during

2 each of fiscal years 1997 through 2001.

3 (3) Funds made available under this title

4 through the Department of the Interior or the De5 partment of Agriculture shall be distributed through

6 the Ecosystem Restoration Office.

7 (4) The Ecosystem Restoration Office may uti8 lize not more than 15 percent of all Federal funds

9 administered under this section for administrative

10 costs relating to the implementation of this section.

11 (5) All funding recommendations developed by

12 the Working Group shall be based on a consensus of

13 Working Group members.

14 (c) COORDINATION.—(1) The Secretary shall formu15 late a cooperative agreement among the Working Group,

16 the Task Force, the Trinity Task Force and the Compact

17 Commission for the purposes of ensuring that projects

18 proposed and funded through the Working Group are con19 sistent with other basin-wide fish and wildlife restoration

20 and conservation plans, including but not limited to plans

21 developed by the Task Force and the Compact Commis22 sion;

23 (2) To the greatest extent practicable, the Working

24 Group shall provide notice to, and accept input from, two

25 members each of the Task Force, the Trinity Task Force,
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1 and the Compact Commission, so appointed by those enti2 ties, for the express purpose of facilitating better commu3 nication and coordination regarding additional basin-wide

4 fish and wildlife and ecosystem restoration and planning

5 efforts. The roles and relationships of the entities involved

6 shall be clarified in the cooperative agreement.

7 (d) PUBLIC MEETINGS.—The Working Group shall

8 conduct all meetings subject to Federal open meeting and

9 public participation laws. The chartering requirements of

10 the Federal Advisory Committee Act (5 U.S.C. App.) are

11 hereby deemed to have been met by this section.

12 (e) TERMS AND VACANCIES.— Working Group mem13 bers shall serve for three-year terms, beginning on the

14 date of enactment of this title. Vacancies which occur for

15 any reason after the date of enactment of this title shall

16 be filled by direct appointment of the governor of the State

17 of Oregon, in consultation with the Secretary of the Inte18 rior and the Secretary of Agriculture, in accordance with

19 nominations from the appropriate groups, interests, and

20 government agencies outlined in subsection (a)(2).

21 (f) RIGHTS, DUTIES AND AUTHORITIES UNAF22 FECTED.—The Working Group will supplement, rather

23 than replace, existing efforts to manage the natural re24 sources of the Klamath Basin. Nothing in this section af-
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1 fects any legal right, duty or authority of any person or

2 agency, including any member of the working group.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $1,000,000 for each of fiscal years 1997 through 2002.

6 SEC. 1027. DESCHUTES BASIN ECOSYSTEM RESTORATION

7 PROJECTS.

8 (a) DEFINITIONS.—In this section:

9 (1) WORKING GROUP.—The term ‘‘Working

10 Group’’ means the Deschutes River Basin Working

11 Group established before the date of enactment of

12 this title, consisting of members nominated by their

13 represented groups, including—

14 (A) 5 representatives of private interests

15 including one each from hydroelectric produc16 tion, livestock grazing, timber, land develop17 ment, and recreation/tourism;

18 (B) 4 representatives of private interests

19 including two each from irrigated agriculture

20 and the environmental community;

21 (C) 2 representatives from the Confed22 erated Tribes of the Warm Springs Reservation

23 of Oregon;

24 (D) 2 representatives from Federal agen25 cies with authority and responsibility in the
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1 Deschutes River Basin, including one from the

2 Department of the Interior and one from the

3 Agriculture Department;

4 (E) 2 representatives from the State of Or5 egon agencies with authority and responsibility

6 in the Deschutes River Basin, including one

7 from the Oregon Department of Fish and Wild8 life and one from the Oregon Water Resources

9 Department; and

10 (F) 4 representatives from county or city

11 governments within the Deschutes River Basin

12 county and/or city governments.

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

14 the Secretary of the Interior.

15 (3) FEDERAL AGENCIES.—The term ‘‘Federal

16 agencies’’ means agencies and departments of the

17 United States, including, but not limited to, the Bu18 reau of Reclamation, Bureau of Indian Affairs, Bu19 reau of Land Management, Fish and Wildlife Serv20 ice, Forest Service, Natural Resources Conservation

21 Service, Farm Services Agency, the National Marine

22 Fisheries Service, and the Bonneville Power Admin23 istration.

24 (4) CONSENSUS.—The term ‘‘consensus’’ means

25 a unanimous agreement by the Working Group
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1 members present and constituting at least a quorum

2 at a regularly scheduled business meeting.

3 (5) QUORUM.—The term ‘‘quorum’’ means one

4 more than half of those qualified Working Group

5 members appointed and eligible to serve.

6 (b) IN GENERAL.—

7 (1) The Working Group will propose ecological

8 restoration projects on both Federal and non-Fed9 eral lands and waters to be undertaken in the

10 Deschutes River Basin based on a consensus of the

11 Working Group, provided that such projects, when

12 involving Federal land or funds, shall be proposed to

13 the Bureau of Reclamation in the Department of the

14 Interior and any other Federal agency with affected

15 land or funds.

16 (2) The Working Group will accept donations,

17 grants or other funds and place such funds received

18 into a trust fund, to be expended on ecological res19 toration projects which, when involving Federal land

20 or funds, are approved by the affected Federal agen21 cy.

22 (3) The Bureau of Reclamation shall pay from

23 funds authorized under subsection (h) of this title

24 up to 50 percent of the cost of performing any

25 project proposed by the Working Group and ap-
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1 proved by the Secretary, up to a total amount of

2 $1,000,000 during each of the fiscal years 1997

3 through 2001.

4 (4) Non-Federal contributions to project costs

5 for purposes of computing the Federal matching

6 share under paragraph (3) of this subsection may

7 include in-kind contributions.

8 (5) Funds authorized in subsection (h) of this

9 section shall be maintained in and distributed by the

10 Bureau of Reclamation in the Department of the In11 terior. The Bureau of Reclamation shall not expend

12 more than 5 percent of amounts appropriated pursu13 ant to subsection (h) for Federal administration of

14 such appropriations pursuant to this section.

15 (6) The Bureau of Reclamation is authorized to

16 provide by grant to the Working Group not more

17 than 5 percent of funds appropriated pursuant to

18 subsection (h) of this title for not more than 50 per19 cent of administrative costs relating to the imple20 mentation of this section.

21 (7) The Federal agencies with authority and re22 sponsibility in the Deschutes River Basin shall pro23 vide technical assistance to the Working Group and

24 shall designate representatives to serve as members

25 of the Working Group.
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1 (8) All funding recommendations developed by

2 the Working Group shall be based on a consensus of

3 the Working Group members.

4 (c) PUBLIC NOTICE AND PARTICIPATION.—The

5 Working Group shall conduct all meetings subject to appli6 cable open meeting and public participation laws. The ac7 tivities of the Working Group and the Federal agencies

8 pursuant to the provisions of this title are exempt from

9 the provisions of 5 U.S.C. App. 2 1–15.

10 (d) PRIORITIES.—The Working Group shall give pri11 ority to voluntary market-based economic incentives for

12 ecosystem restoration including, but not limited to, water

13 leases and purchases; land leases and purchases; tradable

14 discharge permits; and acquisition of timber, grazing, and

15 land development rights to implement plans, programs,

16 measures, and projects.

17 (e) TERMS AND VACANCIES.—Members of the Work18 ing Group representing governmental agencies or entities

19 shall be named by the represented government. Members

20 of the Working Group representing private interests shall

21 be named in accordance with the articles of incorporation

22 and bylaws of the Working Group. Representatives from

23 Federal agencies will serve for terms of 3 years.Vacancies

24 which occur for any reason after the date of enactment

25 of this title shall be filled in accordance with this title.
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1 (f) ADDITIONAL PROJECTS.—Where existing author2 ity and appropriations permit, Federal agencies may con3 tribute to the implementation of projects recommended by

4 the Working Group and approved by the Secretary.

5 (g) RIGHTS, DUTIES AND AUTHORITIES UNAF6 FECTED.—The Working Group will supplement, rather

7 than replace, existing efforts to manage the natural re8 sources of the Deschutes Basin. Nothing in this title af9 fects any legal right, duty or authority of any person or

10 agency, including any member of the working group.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this title

13 $1,000,000 for each of fiscal years 1997 through 2001.

14 SEC. 1028. MOUNT HOOD CORRIDOR LAND EXCHANGE.

15 (a) AUTHORIZATION.—Notwithstanding any other

16 law, if Longview Fibre Company (referred to in this sec17 tion as ‘‘Longview’’) offers and conveys title that is accept18 able to the United States to some or all of the land de19 scribed in subsection (b), the Secretary of the Interior (re20 ferred to in this section as the ‘‘Secretary’’) shall convey

21 to Longview title to some or all of the land described in

22 subsection (c), as necessary to satisfy the requirements of

23 subsection (d).

24 (b) LAND TO BE OFFERED BY LONGVIEW.—The

25 land referred to in subsection (a) as the land to be offered
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1 by Longview are those lands depicted on the map entitled

2 ‘‘Mt. Hood Corridor Land Exchange Map’’, dated July 18,

3 1996.

4 (c) LAND TO BE CONVEYED BY THE SECRETARY.—

5 The land referred to in subsection (a) as the land to be

6 conveyed by the Secretary are those lands depicted on the

7 map entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,

8 dated July 18, 1996.

9 (d) EQUAL VALUE.—The land and interests in land

10 exchanged under this section shall be of equal market

11 value as determined by nationally recognized appraisal

12 standards, including, to the extent appropriate, the Uni13 form Standards for Federal Land Acquisition, the Uni14 form Standards of Professional Appraisal Practice, or

15 shall be equalized by way of payment of cash pursuant

16 to the provisions of section 206(d) of the Federal Land

17 Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

18 and other applicable law.

19 (e) REDESIGNATION OF LAND TO MAINTAIN REVE20 NUE FLOW.—So as to maintain the current flow of reve21 nue from land subject to the Act entitled ‘‘An Act relating

22 to the revested Oregon and California Railroad and recon23 veyed Coos Bay Wagon Road grant land situated in the

24 State of Oregon’’, approved August 28, 1937 (43 U.S.C.

25 1181a et seq.), the Secretary may redesignate public do-
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1 main land located in and west of Range 9 East, Willam2 ette Meridian, Oregon, as land subject to that Act.

3 (f) TIMETABLE.—The exchange directed by this sec4 tion shall be consummated not later than 1 year after the

5 date of enactment of this title.

6 (g) WITHDRAWAL OF LANDS.—All lands managed by

7 the Department of the Interior, Bureau of Land Manage8 ment, located in Townships 2 and 3 South, Ranges 6 and

9 7 East, Willamette Meridian, which can be seen from the

10 right-of-way of U.S. Highway 26, (in this section, such

11 lands are referred to as the ‘‘Mt. Hood Corridor Lands’’),

12 shall be managed primarily for the protection or enhance13 ment of scenic qualities. Management prescriptions for

14 other resource values associated with these lands shall be

15 planned and conducted for purposes other than timber

16 harvest, so as not to impair the scenic qualities of the

17 area.

18 (h) TIMBER CUTTING.—Timber harvest may be con19 ducted on Mt. Hood Corridor Lands following a resource20 damaging catastrophic event. Such cutting may only be

21 conducted to achieve the following resource management

22 objectives, in compliance with the current land use plans—

23 (1) to maintain safe conditions for the visiting

24 public;
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1 (2) to control the continued spread of forest

2 fire;

3 (3) for activities related to administration of

4 the Mt. Hood Corridor Lands; or

5 (4) for removal of hazard trees along trails and

6 roadways.

7 (i) ROAD CLOSURE.—The forest road gate located on

8 Forest Service Road 2503, located in T. 2 S., R. 6 E.,

9 sec. 14, shall remain closed and locked to protect resources

10 and prevent illegal dumping and vandalism. Access to this

11 road shall be limited to—

12 (1) Federal and State officers and employees

13 acting in an official capacity;

14 (2) employees and contractors conducting au15 thorized activities associated with the telecommuni16 cation sites located in T. 2 S., R. 6 E., sec. 14; and

17 (3) the general public for recreational purposes,

18 except that all motorized vehicles will be prohibited.

19 (j) NEPA EXEMPTION.—Notwithstanding any other

20 provision of law, the National Environmental Policy Act

21 of 1969 (Public Law 91–190) shall not apply to this sec22 tion.

23 (k) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section.
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1 SEC. 1029. CREATION OF THE COQUILLE FOREST.

2 The Coquille Restoration Act (Public Law 101–42)

3 is amended by inserting at the end of section 5 the follow4 ing:

5 ‘‘(d) Creation of the Coquille Forest.

6 ‘‘(1) DEFINITIONS.—In this subsection:

7 ‘‘(A) The term ‘Coquille Forest’ means

8 certain lands in Coos County, Oregon, compris9 ing approximately 5,400 acres, as generally de10 picted on the map entitled ‘Coquille Forest Pro11 posal’, dated July 8, 1996.

12 ‘‘(B) The term ‘Secretary’ means the Sec13 retary of Interior.

14 ‘‘(C) The term ‘the tribe’ means the

15 Coquille Tribe of Coos County, Oregon.

16 ‘‘(2) MAP.—The map described in paragraph

17 (1)(A), and such additional legal descriptions which

18 are applicable, shall be placed on file at the local

19 District Office of the Bureau of Land Management,

20 the Agency Office of the Bureau of Indian Affairs,

21 and with the Senate Committee on Energy and Nat22 ural Resources and the House Committee on Re23 sources.

24 ‘‘(3) INTERIM PERIOD.—From the date of en25 actment of this subsection until two years after the
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1 date of enactment of this subsection, the Bureau of

2 Land Management shall—

3 ‘‘(A) retain Federal jurisdiction for the

4 management of lands designated under this

5 subsection as the Coquille Forest and continue

6 to distribute revenues from such lands in a

7 manner consistent with existing law; and

8 ‘‘(B) prior to advertising, offering or

9 awarding any timber sale contract on lands des10 ignated under this subsection as the Coquille

11 Forest, obtain the approval of the Assistant

12 Secretary for Indian Affairs, acting on behalf of

13 and in consultation with the Tribe.

14 ‘‘(4) TRANSITION PLANNING AND DESIGNA15 TION.—

16 ‘‘(A) During the two-year interim period

17 provided for in paragraph (3), the Assistant

18 Secretary for Indian Affairs, acting on behalf of

19 and in consultation with Tribe, is authorized to

20 initiate development of a forest management

21 plan for the Coquille Forest. The Secretary,

22 acting through the director of the Bureau of

23 Land Management, shall cooperate and assist

24 in the development of such plan and in the

25 transition of forestry management operations
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1 for the Coquille Forest to the Assistant Sec2 retary for Indian Affairs.

3 ‘‘(B) Two years after the date of enact4 ment of this subsection, the Secretary shall take

5 the lands identified under subparagraph

6 (d)(1)(A) into trust, and shall hold such lands

7 in trust, in perpetuity, for the Coquille Tribe.

8 Such lands shall be thereafter designated as the

9 Coquille Forest.

10 ‘‘(5) MANAGEMENT.—The Secretary of Interior,

11 acting through the Assistant Secretary for Indian

12 Affairs shall manage the Coquille Forest under ap13 plicable forestry laws and in a manner consistent

14 with the standards and guidelines of Federal forest

15 plans on adjacent or nearby Federal lands. The Sec16 retary shall otherwise manage the Coquille Forest in

17 accordance with the laws pertaining to the manage18 ment of Indian Trust lands and shall, except as pro19 vided in subparagraph (C), distribute revenues in ac20 cordance with Public Law 101–630, 25 U.S.C.

21 3107.

22 ‘‘(A) Unprocessed logs harvested from the

23 Coquille Forest shall be subject to the same

24 Federal statutory restrictions on export to for-
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1 eign Nations that apply to unprocessed logs

2 harvested from Federal lands.

3 ‘‘(B) Notwithstanding any other provision

4 of law, all sales of timber from land subject to

5 this subsection shall be advertised, offered and

6 awarded according to competitive bidding prac7 tices, with sales being awarded to the highest

8 responsible bidder.

9 ‘‘(C) So as to maintain the current flow of

10 revenue from land subject to the Act entitled

11 ‘‘An Act relating to the revested Oregon and

12 California Railroad and reconveyed Coos Bay

13 Wagon Road grant land situated in the State of

14 Oregon’’ (the O&C Act), approved August 28,

15 1937 (43 U.S.C. 1181a et seq.), the Secretary

16 shall redesignate, from public domain lands

17 within the Tribe’s service area, as defined in

18 this Act, certain lands to be subject to the O&C

19 Act. Lands redesignated under this subpara20 graph shall not exceed lands sufficient to con21 stitute equivalent timber value as compared to

22 lands constituting the Coquille Forest.

23 ‘‘(6) INDIAN SELF-DETERMINATION ACT AGREE24 MENT.—No sooner than 2 years after the date of en25 actment of this subsection, the Secretary may, upon
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1 a satisfactory showing of management competence

2 and pursuant to the Indian Self-Determination Act

3 (25 U.S.C. 450 et seq.), enter into a binding Indian

4 self-determination agreement (agreement) with the

5 Coquille Indian Tribe. Such agreement may provide

6 for the tribe to carry out all or a portion of the for7 est management for the Coquille Forest.

8 ‘‘(A) Prior to entering such an agreement,

9 and as a condition of maintaining such an

10 agreement, the Secretary must find that the

11 Coquille Tribe has entered into a binding

12 memorandum of agreement (MOA) with the

13 State of Oregon, as required under paragraph

14 (7), and with the 18 Oregon counties as re15 quired by paragraph (8).

16 ‘‘(B) The authority of the Secretary to re17 scind the Indian self-determination agreement

18 shall not be encumbered.

19 ‘‘(i) The Secretary shall rescind the

20 agreement upon a demonstration that the

21 tribe and the State of Oregon or the 18

22 Oregon counties are no longer engaged in

23 a memorandum of agreement as required

24 under paragraph (7).
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1 ‘‘(ii) The Secretary may rescind the

2 agreement on a showing that the Tribe has

3 managed the Coquille Forest in a manner

4 inconsistent with this subsection, or the

5 tribe is no longer managing, or capable of

6 managing, the Coquille Forest in a manner

7 consistent with this subsection.

8 ‘‘(7) MEMORANDUM OF AGREEMENT WITH OR9 EGON.—The Coquille Tribe shall enter into a memo10 randum of agreement (MOA) with the State of Or11 egon relating to the establishment and management

12 of the Coquille Forest. The MOA shall include, but

13 not be limited to, the terms and conditions for man14 aging the Coquille Forest in a manner consistent

15 with paragraph (5) of this subsection, preserving

16 public access, advancing jointly-held resource man17 agement goals, achieving tribal restoration objectives

18 and establishing a coordinated management frame19 work. Further, provisions set forth in the MOA shall

20 be consistent with Federal trust responsibility re21 quirements applicable to Indian trust lands and

22 paragraph (5) of this subsection.

23 ‘‘(8) PUBLIC ACCESS.—The Coquille Forest

24 shall remain open to public access for purposes of

25 hunting, fishing, recreation and transportation, ex-
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1 cept when closure is required by state or Federal

2 law, or when the Coquille Indian Tribe and the State

3 of Oregon agree in writing that restrictions on ac4 cess are necessary or appropriate to prevent harm to

5 natural resources, cultural resources or environ6 mental quality: Provided, That the State of Oregon’s

7 agreement shall not be required when immediate ac8 tion is necessary to protect archaeological resources.

9 ‘‘(9) JURISDICTION.—

10 ‘‘(A) The United States District Court for

11 the District of Oregon shall have jurisdiction

12 over actions against the Secretary arising out of

13 claims that this subsection has been violated.

14 Consistent with existing precedents on standing

15 to sue, any affected citizen may bring suit

16 against the Secretary for violations of this sub17 section, except that suit may not be brought

18 against the Secretary for claims that the MOA

19 has been violated. The court has the authority

20 to hold unlawful and set aside actions pursuant

21 to this subsection that are arbitrary and capri22 cious, an abuse of discretion, or otherwise an

23 abuse of law.

24 ‘‘(B) The United States District Court for

25 the District of Oregon shall have jurisdiction
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1 over actions between the State of Oregon, or

2 the 18 Oregon counties, and the tribe arising

3 out of claims of breach of the MOA.

4 ‘‘(C) Unless otherwise provided for by law,

5 remedies available under this subsection shall

6 be limited to equitable relief and shall not in7 clude damages.

8 ‘‘(10) STATE REGULATORY AND CIVIL JURIS9 DICTION.—In addition to the jurisdiction described

10 in paragraph (7) of this subsection, the State of Or11 egon may exercise exclusive regulatory civil jurisdic12 tion, including but not limited to adoption and en13 forcement of administrative rules and orders, over

14 the following subjects:

15 ‘‘(A) Management, allocation and adminis16 tration of fish and wildlife resources, including

17 but not limited to establishment and enforce18 ment of hunting and fishing seasons, bag limits,

19 limits on equipment and methods, issuance of

20 permits and licenses, and approval or dis21 approval of hatcheries, game farms, and other

22 breeding facilities: Provided, That nothing here23 in shall be construed to permit the State of Or24 egon to manage fish or wildlife habitat on

25 Coquille Forest lands.
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1 ‘‘(B) Allocation and administration of

2 water rights, appropriation of water and use of

3 water.

4 ‘‘(C) Regulation of boating activities, in5 cluding equipment and registration require6 ments, and protection of the public’s right to

7 use the waterways for purposes of boating or

8 other navigation.

9 ‘‘(D) Fills and removals from waters of the

10 State, as defined in Oregon law.

11 ‘‘(E) Protection and management of the

12 State’s proprietary interests in the beds and

13 banks of navigable waterways.

14 ‘‘(F) Regulation of mining, mine reclama15 tion activities, and exploration and drilling for

16 oil and gas deposits.

17 ‘‘(G) Regulation of water quality, air qual18 ity (including smoke management), solid and

19 hazardous waste, and remediation of releases of

20 hazardous substances.

21 ‘‘(H) Regulation of the use of herbicides

22 and pesticides.

23 ‘‘(I) Enforcement of public health and

24 safety standards, including standards for the

25 protection of workers, well construction and
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1 codes governing the construction of bridges,

2 buildings, and other structures.

3 ‘‘(J) Other subject where State authority

4 is provided for except that, in the event of a

5 conflict between Federal and State law under

6 this subsection, Federal law shall control.

7 ‘‘(11) SAVINGS CLAUSE; STATE AUTHORITY.—

8 ‘‘(A) Nothing in this subsection shall be

9 construed to grant tribal authority over private

10 or State-owned lands.

11 ‘‘(B) To the extent that the State of Or12 egon is regulating the foregoing areas pursuant

13 to a delegated Federal authority or a Federal

14 program, nothing in this subsection shall be

15 construed to enlarge or diminish the State’s au16 thority under such law.

17 ‘‘(C) Where both the State of Oregon and

18 the United States are regulating, nothing here19 in shall be construed to alter their respective

20 authorities.

21 ‘‘(D) To the extent that Federal law au22 thorizes the Coquille Indian Tribe to assume

23 regulatory authority over an area, nothing here24 in shall be construed to enlarge or diminish the

25 tribe’s authority to do so under such law.
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1 ‘‘(E) Unless and except to the extent that

2 the tribe has assumed jurisdiction over the

3 Coquille Forest pursuant to Federal law, or

4 otherwise with the consent of the State, the

5 State of Oregon shall have jurisdiction and au6 thority to enforce its laws addressing the sub7 jects listed in paragraph (10) of this subsection

8 on the Coquille Forest against the Coquille In9 dian Tribe, its members and all other persons

10 and entities, in the same manner and with the

11 same remedies and protections and appeal

12 rights as otherwise provided by general Oregon

13 law. Where the State of Oregon and Coquille

14 Indian Tribe agree regarding the exercise of

15 tribal civil regulatory jurisdiction over activities

16 on the Coquille Forest lands, the tribe may ex17 ercise such jurisdiction as is agreed upon.

18 ‘‘(12) In the event of a conflict between Federal

19 and State law under this subsection, Federal law

20 shall control.’’.

21 SEC. 1030. BULL RUN PROTECTION.

22 (a) AMENDMENTS TO PUBLIC LAW 95–200.—

23 (1) The first sentence of section 2(a) of Public

24 Law 95–200 is amended by striking ‘‘2(b)’’ and in25 serting in lieu thereof ‘‘2(c)’’.
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1 (2) The first sentence of section 2(b) of Public

2 Law 95–200 is amended after ‘‘the policy set forth

3 in subsection (a)’’ by inserting ‘‘and (b)’’.

4 (3) Subsections (b), (c), (d), and (e) of section

5 2 of Public Law 95–200 are redesignated as sub6 sections (c), (d), (e), and (f), respectively.

7 (4) Section 2 of Public Law 95–200 is amended

8 by inserting after subsection (a) the following new

9 subsection:

10 ‘‘(b) TIMBER CUTTING.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 the Secretary of Agriculture shall prohibit the cut13 ting of trees in that part of the unit consisting of

14 the hydrographic boundary of the Bull Run River

15 Drainage, including certain lands within the unit

16 and located below the headworks of the city of Port17 land, Oregon’s water storage and delivery project,

18 and as depicted in a map dated July 22, 1996, and

19 entitled ‘Bull Run River Drainage’.

20 ‘‘(2) PERMITTED CUTTING.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the Secretary of Agriculture shall

23 prohibit the cutting of trees in the area de24 scribed in subparagraph (1).
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1 ‘‘(B) PERMITTED CUTTING.—Subject to

2 subparagraph (C), the Secretary may only allow

3 the cutting of trees in the area described in

4 subparagraph (1)—

5 ‘‘(i) for the protection or enhancement

6 of water quality in the area described in

7 subparagraph (1); or

8 ‘‘(ii) for the protection, enhancement,

9 or maintenance of water quantity available

10 from the area described in subparagraph

11 (1); or

12 ‘‘(iii) for the construction, expansion,

13 protection or maintenance of municipal

14 water supply facilities; or

15 ‘‘(iv) for the construction, expansion,

16 protection or maintenance of facilities for

17 the transmission of energy through and

18 over the unit or previously authorized hy19 droelectric facilities or hydroelectric

20 projects associated with municipal water

21 supply facilities.

22 ‘‘(C) SALVAGE SALES.—The Secretary of

23 Agriculture may not authorize a salvage sale in

24 the area described in subparagraph (1).’’.
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1 (b) REPORT TO CONGRESS.—The Secretary of Agri2 culture shall, in consultation with the city of Portland and

3 other affected parties, undertake a study of that part of

4 the Little Sandy Watershed that is within the unit (herein5 after referred to as the ‘‘study area’’). The study shall

6 determine—

7 (1) the impact of management activities within

8 the study area on the quality of drinking water pro9 vided to the Portland Metropolitan area;

10 (2) the identity and location of certain ecologi11 cal features within the study area, including late

12 successional forest characteristics, aquatic and ter13 restrial wildlife habitat, significant hydrological val14 ues, or other outstanding natural features; and

15 (3) the location and extent of any significant

16 cultural or other values within the study area.

17 (c) RECOMMENDATIONS.—The study referred to in

18 subsection (b) shall include both legislative and regulatory

19 recommendations to Congress on the future management

20 of the study area. In formulating such recommendations,

21 the Secretary shall consult with the city of Portland and

22 other affected parties.

23 (d) EXISTING DATA AND PROCESSES.—To the great24 est extent possible, the Secretary shall use existing data

25 and processes to carry out the study and report.
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1 (e) SUBMISSION TO CONGRESS.—The study referred

2 to in subsection (b) shall be submitted to the Senate Com3 mittees on Energy and Natural Resources and Agriculture

4 and the House Committees on Resources and Agriculture

5 not later than one year from the date of enactment of this

6 section.

7 (f) MORATORIUM.—The Secretary is prohibited from

8 advertising, offering or awarding any timber sale within

9 the study area for a period of two years after the date

10 of enactment of this section.

11 (g) WATER RIGHTS.—Nothing in this section shall

12 in any way affect any State or Federal law governing ap13 propriation, use of or Federal right to water on or flowing

14 through National Forest System lands. Nothing in this

15 section is intended to influence the relative strength of

16 competing claims to the waters of the Little Sandy River.

17 Nothing in this section shall be construed to expand or

18 diminish Federal, State, or local jurisdiction, responsibil19 ity, interests, or rights in water resources development or

20 control, including rights in and current uses of water re21 sources in the unit.

22 (h) OTHER LANDS IN UNIT.—Lands within the Bull

23 Run Management Unit, as defined in Public Law 95–200,

24 but not contained within the Bull Run River Drainage,

25 as described in the amendment made by subsection (a)(4)
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1 of this section and as depicted on the map dated July 22,

2 1996, and entitled ‘‘Bull Run River Drainage’’, shall con3 tinue to be managed in accordance with Public Law 95–

4 200.

5 SEC. 1031. OREGON ISLANDS WILDERNESS, ADDITIONS.

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

7 the Wilderness Act of 1964, certain lands within the

8 boundaries of the Oregon Islands National Wildlife Ref9 uge, Oregon, comprising approximately 95 acres and as

10 generally depicted on a map entitled ‘‘Oregon Island Wil11 derness Additions—Proposed’’ dated August 1996, are

12 hereby designated as wilderness. The map shall be on file

13 and available for public inspection in the offices of the

14 Fish and Wildlife Service, Department of Interior.

15 (b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—

16 All other federally owned named, unnamed, surveyed and

17 unsurveyed rocks, reefs, islets and islands lying within

18 three geographic miles off the coast of Oregon and above

19 mean high tide, not currently designated as wilderness and

20 also within the Oregon Islands National Wildlife Refuge

21 boundaries under the administration of the U.S. Fish and

22 Wildlife Service, Department of Interior, as designated by

23 Executive Order 7035, Proclamation 2416, Public Land

24 Orders 4395, 4475 and 6287, and Public Laws 91–504

25 and 95–450, are hereby designated as wilderness.
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1 (c) AREAS UNDER BLM JURISDICTION.—All feder2 ally owned named, unnamed, surveyed and unsurveyed

3 rocks, reefs, islets and islands lying within three geo4 graphic miles off the coast of Oregon and above mean high

5 tide, and presently under the jurisdiction of the Bureau

6 of Land Management, except Chiefs Island, are hereby

7 designated as wilderness, shall become part of the Oregon

8 Islands National Wildlife Refuge and the Oregon Islands

9 Wilderness and shall be under the jurisdiction of the

10 United States Fish and Wildlife Service, Department of

11 the Interior.

12 (d) MAP AND DESCRIPTION.—As soon as practicable

13 after this Act takes effect, a map of the wilderness area

14 and a description of its boundaries shall be filed with the

15 Senate Committee on Energy and Natural Resources and

16 the House Committee on Resources, and such map shall

17 have the same force and effect as if included in this sec18 tion: Provided, however, That correcting clerical and typo19 graphical errors in the map and land descriptions may be

20 made.

21 (e) ORDER 6287.—Public Land Order 6287 of June

22 16, 1982, which withdrew certain rocks, reefs, islets, and

23 islands lying within three geographical miles off the coast

24 of Oregon and above mean high tide, including the 95

25 acres described in subsection (a), as an addition to the
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1 Oregon Islands National Wildlife Refuge is hereby made

2 permanent.

3 SEC. 1032. UMPQUA RIVER LAND EXCHANGE STUDY: POL4 ICY AND DIRECTION.

5 (a) IN GENERAL.—The Secretaries of the Interior

6 and Agriculture (Secretaries) are hereby authorized and

7 directed to consult, coordinate and cooperate with the

8 Umpqua Land Exchange Project (ULEP), affected units

9 and agencies of State and local government, and, as ap10 propriate, the World Forestry Center and National Fish

11 and Wildlife Foundation, to assist ULEP’s ongoing efforts

12 in studying and analyzing land exchange opportunities in

13 the Umpqua River basin and to provide scientific, tech14 nical, research, mapping and other assistance and infor15 mation to such entities. Such consultation, coordination

16 and cooperation shall at a minimum include, but not be

17 limited to—

18 (1) working with ULEP to develop or assemble

19 comprehensive scientific and other information (in20 cluding comprehensive and integrated mapping) con21 cerning the Umpqua River basin’s resources of for22 est, plants, wildlife, fisheries (anadromous and

23 other), recreational opportunities, wetlands, riparian

24 habitat and other physical or natural resources;
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1 (2) working with ULEP to identify general or

2 specific areas within the basin where land exchanges

3 could promote consolidation of forestland ownership

4 for long-term, sustained timber production; protec5 tion and restoration of habitat for plants, fish and

6 wildlife (including any federally listed threatened or

7 endangered species); protection of drinking water

8 supplies; recovery of threatened and endangered spe9 cies; protection and restoration of wetlands, riparian

10 lands and other environmentally sensitive areas; con11 solidation of land ownership for improved public ac12 cess and a broad array of recreational uses; and con13 solidation of land ownership to achieve management

14 efficiency and reduced costs of administration; and

15 (3) developing a joint report for submission to

16 the Congress which discusses land exchange oppor17 tunities in the basin and outlines either a specific

18 land exchange proposal or proposals which may

19 merit consideration by the Secretaries or the Con20 gress, or ideas and recommendations for new au21 thorizations, direction, or changes in existing law or

22 policy to expedite and facilitate the consummation of

23 beneficial land exchanges in the basin via adminis24 trative means.
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1 (b) MATTERS FOR SPECIFIC STUDY.—In analyzing

2 land exchange opportunities with ULEP, the Secretaries

3 shall give priority to assisting ULEP’s ongoing efforts in:

4 (1) studying, identifying, and mapping areas

5 where the consolidation of land ownership via land

6 exchanges could promote the goals of long term spe7 cies and watershed protection and utilization, includ8 ing but not limited to the goals of the Endangered

9 Species Act of 1973 more effectively than current

10 land ownership patterns and whether any changes in

11 law or policy applicable to such lands after con12 summation of an exchange would be advisable or

13 necessary to achieve such goals;

14 (2) studying, identifying and mapping areas

15 where land exchanges might be utilized to better sat16 isfy the goals of sustainable timber harvest, includ17 ing studying whether changes in existing law or pol18 icy applicable to such lands after consummation of

19 an exchange would be advisable or necessary to

20 achieve such goals;

21 (3) identifying issues and studying options and

22 alternatives, including possible changes in existing

23 law or policy, to insure that combined post-exchange

24 revenues to units of local government from State

25 and local property, severance and other taxes or lev-
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1 ies and shared Federal land receipts will approxi2 mate pre-exchange revenues;

3 (4) identifying issues and studying whether pos4 sible changes in law, special appraisal instruction, or

5 changes in certain Federal appraisal procedures

6 might be advisable or necessary to facilitate the ap7 praisal of potential exchange lands which may have

8 special characteristics or restrictions affecting land

9 values;

10 (5) identifying issues and studying options and

11 alternatives, including changes in existing laws or

12 policy, for achieving land exchanges without reduc13 ing the net supply of timber available to small busi14 nesses;

15 (6) identifying, mapping, and recommending

16 potential changes in land use plans, land classifica17 tions, or other actions which might be advisable or

18 necessary to expedite, facilitate or consummate land

19 exchanges in certain areas;

20 (7) analyzing potential sources for new or en21 hanced Federal, State, or other funding to promote

22 improved resource protection, species recovery, and

23 management in the basin; and

24 (8) identifying and analyzing whether increased

25 efficiency and better land and resource management
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1 could occur through either consolidation of Federal

2 forest management under one agency or exchange of

3 lands between the Forest Service and Bureau of

4 Land Management.

5 (c) REPORT TO CONGRESS.—No later than February

6 1, 1998, ULEP and the Secretaries shall submit a joint

7 report to the Committee on Resources of the United

8 States House of Representatives and to the Committee on

9 Energy and Natural Resources of the United States Sen10 ate concerning their studies, findings, recommendations,

11 mapping and other activities conducted pursuant to this

12 section.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—In fur14 therance of the purposes of this section, there is hereby

15 authorized to be appropriated the sum of $2,000,000, to

16 remain available until expended.

17 SEC. 1033. BOSTON HARBOR ISLANDS RECREATION AREA.

18 (a) PURPOSES.—The purposes of this section are—

19 (1) to preserve for public use and enjoyment

20 the lands and waters that comprise the Boston Har21 bor Islands National Recreation Area;

22 (2) to manage the recreation area in partner23 ship with the private sector, the Commonwealth of

24 Massachusetts, municipalities surrounding Massa25 chusetts and Cape Cod Bays, the Thompson Island
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1 Outward Bound Education Center, and Trustees of

2 Reservations, and with historical, business, cultural,

3 civic, recreational and tourism organizations;

4 (3) to improve access to the Boston Harbor Is5 lands through the use of public water transportation;

6 and

7 (4) to provide education and visitor information

8 programs to increase public understanding of and

9 appreciation for the natural and cultural resources

10 of the Boston Harbor Islands, including the history

11 of Native American use and involvement.

12 (b) DEFINITIONS.—For the purposes of this sec13 tion—

14 (1) the term recreation area means the Boston

15 Harbor Islands National Recreation Area established

16 by subsection (c); and

17 (2) the term ‘‘Secretary’’ means the Secretary

18 of the Interior.

19 (c) BOSTON HARBOR ISLANDS NATIONAL RECRE20 ATION AREA.—

21 (1) ESTABLISHMENT.—In order to preserve for

22 the benefit and inspiration of the people of the Unit23 ed States as a national recreation area certain lands

24 located in Massachusetts Bay, there is established as
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1 a unit of the National Park System the Boston Har2 bor Islands National Recreation Area.

3 (2) BOUNDARIES.—(A) The recreation area

4 shall be comprised of the lands, waters, and sub5 merged lands generally depicted on the map entitled

6 ‘‘Proposed Boston Harbor Islands NRA’’, numbered

7 BOHA 80002, and dated September 1996. Such

8 map shall be on file and available for public inspec9 tion in the appropriate offices of the National Park

10 Service. Alter advising the Committee on Resources

11 of the House of Representatives and the Committee

12 on Energy and Natural Resources of the Senate, in

13 writing, the Secretary may make minor revisions of

14 the boundaries of the recreation area when necessary

15 by publication of a revised drawing or other bound16 ary description in the Federal Register.

17 (B) The recreation area shall include the follow18 ing:

19 (i) The areas depicted on the map ref20 erenced in subparagraph (A).

21 (ii) Landside points required for access,

22 visitor services, and administration in the city

23 of Boston along its Harborwalk and at Long

24 Wharf, Fan Pier, John F. Kennedy Library,

25 and the Custom House; Charlestown Navy
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1 Yard; Old Northern Avenue Bridge; the city of

2 Quincy at Squantum Point/Marina Bay, the

3 Fore River Shipyard, and Town River; the

4 Town of Hingham at Hewitt’s Cove; the Town

5 of Hull; the city of Salem at Salem National

6 Historic Site; and the city of Lynn at the Herit7 age State Park.

8 (d) ADMINISTRATION OF RECREATION AREA.—

9 (1) IN GENERAL.—The recreation area shall be

10 administered in partnership by the Secretary, the

11 Commonwealth of Massachusetts, City of Boston

12 and its applicable subdivisions and others in accord13 ance with the provisions of law generally applicable

14 to units of the National Park System, including the

15 Act entitled ‘‘An Act to establish a National Park

16 Service, and for other purposes’’, approved August

17 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4),

18 and the Act of August 21, 1935 (49 Stat. 666; 16

19 U.S.C. 461–467) as amended and supplemented and

20 in accordance with the integrated management plan

21 specified in subsection (f).

22 (2) STATE AND LOCAL JURISDICTION.—Noth23 ing in this section shall be construed to diminish, en24 large, or modify any right of the Commonwealth of

25 Massachusetts or any political subdivision thereof, to
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1 exercise civil and criminal jurisdiction or to carry

2 out State laws, rules, and regulations within the

3 recreation area, including those relating to fish and

4 wildlife, or to tax persons, corporations, franchises,

5 or private property on the lands and waters included

6 in the recreation area.

7 (3) COOPERATIVE AGREEMENTS.—The Sec8 retary may consult and enter into cooperative agree9 ments with the Commonwealth of Massachusetts or

10 its political subdivisions to acquire from and provide

11 to the Commonwealth or its political subdivisions

12 goods and services to be used in the cooperative

13 management of lands within the recreation area, if

14 the Secretary determines that appropriations for

15 that purpose are available and the agreement is in

16 the best interest of the United States.

17 (4) CONSTRUCTION OF FACILITIES ON NON18 FEDERAL LANDS.—In order to facilitate the admin19 istration of the recreation area, the Secretary is au20 thorized, subject to the appropriation of necessary

21 funds in advance, to construct essential administra22 tive or visitor use facilities on non-Federal public

23 lands within the recreation area. Such facilities and

24 the use thereof shall be in conformance with applica25 ble plans.
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1 (5) OTHER PROPERTY, FUNDS, AND SERV2 ICES.—The Secretary may accept and use donated

3 funds, property, and services to carry out this sec4 tion.

5 (6) RELATIONSHIP OF RECREATION AREA TO

6 BOSTON-LOGAN INTERNATIONAL AIRPORT.—With re7 spect to the recreation area, the present and future

8 maintenance, operation, improvement and use of

9 Boston-Logan International Airport and associated

10 flight patterns from time to time in effect shall not

11 be deemed to constitute the use of publicly owned

12 land of a public park, recreation area, or other re13 source within the meaning of section 303(c) of title

14 49, United States Code, and shall not be deemed to

15 have a significant effect on natural, scenic, and

16 recreation assets within the meaning of section

17 47101(h)(2) of title 49, United States Code.

18 (7) MANAGEMENT IN ACCORDANCE WITH INTE19 GRATED MANAGEMENT PLAN.—The Secretary shall

20 preserve, interpret, manage, and provide educational

21 and recreational uses for the recreation area, in con22 sultation with the owners and managers of lands in

23 the recreation area, in accordance with the inte24 grated management plan.
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1 (e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTAB2 LISHMENT.—

3 (1) ESTABLISHMENT.—There is hereby estab4 lished the Boston Harbor Islands Partnership whose

5 purpose shall be to coordinate the activities of Fed6 eral, State, and local authorities and the private sec7 tor in the development and implementation of an in8 tegrated resource management plan for the recre9 ation area.

10 (2) MEMBERSHIP.—The Partnership shall be

11 composed of 13 members, as follows:

12 (A) One individual appointed by the Sec13 retary, to represent the National Park Service.

14 (B) One individual, appointed by the Sec15 retary of Transportation, to represent the

16 United States Coast Guard.

17 (C) Two individuals, appointed by the Sec18 retary, after consideration of recommendations

19 by the Governor of Massachusetts, to represent

20 the Department of Environmental Management

21 and the Metropolitan District Commission.

22 (D) One individual, appointed by the Sec23 retary, after consideration of recommendations

24 by the Chair, to represent the Massachusetts

25 Port Authority.
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1 (E) One individual, appointed by the Sec2 retary, after consideration of recommendations

3 by the Chair, to represent the Massachusetts

4 Water Resources Authority.

5 (F) One individual, appointed by the Sec6 retary, after consideration of recommendations

7 by the Mayor of Boston, to represent the Office

8 of Environmental Services of the city of Boston.

9 (G) One individual, appointed by the Sec10 retary, after consideration of recommendations

11 by the Chair, to represent the Boston Redevel12 opment Authority.

13 (H) One individual, appointed by the Sec14 retary, after consideration of recommendations

15 of the President of the Thompson Island Out16 ward Bound Education Center, to represent the

17 Center.

18 (I) One individual, appointed by the Sec19 retary, after consideration of recommendations

20 of the Chair, to represent the Trustees of Res21 ervations.

22 (J) One individual, appointed by the Sec23 retary, after consideration of recommendations

24 of the President of the Island Alliance, to rep25 resent the Alliance, a non-profit organization
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1 whose sole purpose is to provide financial sup2 port for the Boston Harbor Islands National

3 Recreation Area.

4 (K) Two individuals, appointed by the Sec5 retary, to represent the Boston Harbor Islands

6 Advisory Council, established in subsection (g).

7 (3) TERMS OF OFFICE; REAPPOINTMENT.—(A)

8 Members of the Partnership shall serve for terms of

9 three years. Any member may be reappointed for

10 one additional 3-year term.

11 (B) The Secretary shall appoint the first mem12 bers of the Partnership within 30 days after the

13 date on which the Secretary has received all of the

14 recommendations for appointment pursuant to sub15 sections (b)(3), (4), (5), (6), (7), (8), (9), and (10).

16 (C) A member may serve after the expiration of

17 his or her term until a successor has been appointed.

18 (4) COMPENSATION.—Members of the Partner19 ship shall serve without pay, but while away from

20 their homes or regular places of business in the per21 formance of services for the Partnership, members

22 shall be allowed travel expenses, including per diem

23 in lieu of subsistence, in the same manner as per24 sons employed intermittently in the Government
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1 service are allowed expenses under section 5703 of

2 title 5, United States Code.

3 (5) ELECTION OF OFFICERS.—The Partnership

4 shall elect one of its members as Chairperson and

5 one as Vice Chairperson. The term of office of the

6 Chairperson and Vice Chairperson shall be one year.

7 The Vice Chairperson shall serve as chairperson in

8 the absence of the Chairperson.

9 (6) VACANCY.—Any vacancy on the Partnership

10 shall be filled in the same manner in which the origi11 nal appointment was made.

12 (7) MEETINGS.—The Partnership shall meet at

13 the call of the Chairperson or a majority of its mem14 bers.

15 (8) QUORUM.—A majority of the Partnership

16 shall constitute a quorum.

17 (9) STAFF OF THE PARTNERSHIP.—The Sec18 retary shall provide the Partnership with such staff

19 and technical assistance as the Secretary, after con20 sultation with the Partnership, considers appropriate

21 to enable the Partnership to carry out its duties.

22 The Secretary may accept the services of personnel

23 detailed from the Commonwealth of Massachusetts,

24 any political subdivision of the Commonwealth or

25 any entity represented on the Partnership.
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1 (10) HEARINGS.—The Partnership may hold

2 such hearings, sit and act at such times and places,

3 take such testimony, and receive such evidence as

4 the Partnership may deem appropriate.

5 (11) DONATIONS.—Notwithstanding any other

6 provision of law, the Partnership may seek and ac7 cept donations of funds, property, or services from

8 individuals, foundations, corporations, and other pri9 vate and public entities for the purpose of carrying

10 out this section.

11 (12) USE OF FUNDS TO OBTAIN MONEY.—The

12 Partnership may use its funds to obtain money from

13 any source under any program or law requiring the

14 recipient of such money to make a contribution in

15 order to receive such money.

16 (13) MAILS.—The Partnership may use the

17 United States mails in the same manner and upon

18 the same conditions as other departments and agen19 cies of the United States.

20 (14) OBTAINING PROPERTY.—The Partnership

21 may obtain by purchase, rental, donation, or other22 wise, such property, facilities, and services as may

23 be needed to carry out its duties, except that the

24 Partnership may not acquire any real property or

25 Interest in real property.
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1 (15) COOPERATIVE AGREEMENTS.—For pur2 poses of carrying out the plan described in sub3 section (f), the Partnership may enter into coopera4 tive agreements with the Commonwealth of Massa5 chusetts, any political subdivision thereof, or with

6 any organization or person.

7 (f) INTEGRATED RESOURCE MANAGEMENT PLAN.—

8 (1) IN GENERAL.—Within three years after the

9 date of enactment of this Act, the Partnership shall

10 submit to the Secretary a management plan for the

11 recreation area to be developed and implemented by

12 the Partnership.

13 (2) CONTENTS OF PLAN.—The plan shall in14 clude (but not be limited to) each of the following:

15 (A) A program providing for coordinated

16 administration of the recreation area with pro17 posed assignment of responsibilities to the ap18 propriate governmental unit at the Federal,

19 State, and local levels, and non-profit organiza20 tions, including each of the following:

21 (i) A plan to finance and support the

22 public improvements and services rec23 ommended in the plan, including allocation

24 of non-Federal matching requirements set
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1 forth in subsection (h)(2) and a delineation

2 of private sector roles and responsibilities.

3 (ii) A program for the coordination

4 and consolidation, to the extent feasible, of

5 activities that may be carried out by Fed6 eral, State, and local agencies having juris7 diction over land and waters within the

8 recreation area, including planning and

9 regulatory responsibilities.

10 (B) Policies and programs for the follow11 ing purposes:

12 (i) Enhancing public outdoor rec13 reational opportunities in the recreation

14 area.

15 (ii) Conserving, protecting and main16 taining the scenic, historical, cultural, nat17 ural and scientific values of the islands.

18 (iii) Developing educational opportuni19 ties in the recreation area.

20 (iv) Enhancing public access to the is21 lands, including development of transpor22 tation networks.

23 (v) Identifying potential sources of

24 revenue from programs or activities carried

25 out within the recreation area.
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1 (vi) Protecting and preserving native

2 American burial grounds connected with

3 the King Philip’s War internment period

4 and other periods.

5 (C) A policy statement that recognizes ex6 isting economic activities within the recreation

7 area.

8 (3) DEVELOPMENT OF PLAN.—In developing

9 the plan, the Partnership shall—

10 (A) consult on a regular basis with appro11 priate officials of any local government or Fed12 eral or State agency which has jurisdiction over

13 lands and waters within the recreation area;

14 (B) consult with interested conservation,

15 business, professional, and citizen organiza16 tions; and

17 (C) conduct public hearings or meetings

18 for the purposes of providing interested persons

19 with the opportunity to testify with respect to

20 matters to be addressed by the plan.

21 (4) APPROVAL OF PLAN.—(A) The Partnership

22 shall submit the plan to the Governor of Massachu23 setts for review. The Governor shall have 90 days to

24 review and make any recommendations. After con25 sidering the Governor’s recommendations, the Part-
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1 nership shall submit the plan to the Secretary, who

2 shall approve or disapprove the plan within 90 days.

3 In reviewing the plan the Secretary shall consider

4 each of the following:

5 (i) The adequacy of public participation.

6 (ii) Assurances of plan implementation

7 from State and local officials.

8 (iii) The adequacy of regulatory and finan9 cial tools that are in place to implement the

10 plan.

11 (B) If the Secretary disapproves the plan, the

12 Secretary shall within 60 days after the date of such

13 disapproval, advise the Partnership in writing of the

14 reasons therefore, together with recommendations

15 for revision. Within 90 days of receipt of such notice

16 of disapproval, the Partnership shall revise and re17 submit the plan to the Secretary who shall approve

18 or disapprove the revision within 60 days.

19 (5) INTERIM PROGRAM.—Prior to adoption of

20 the Partnership’s plan, the Secretary and the Part21 nership shall assist the owners and managers of

22 lands and waters within the recreation area to en23 sure that existing programs, services, and activities

24 that promote the purposes of this section are sup25 ported.
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1 (g) BOSTON HARBOR ISLANDS ADVISORY COUN2 CIL.—

3 (1) ESTABLISHMENT.—The Secretary, acting

4 through the Director of the National Park Service,

5 shall establish an advisory committee to be known as

6 the Boston Harbor Islands Advisory Council. The

7 purpose of the Advisory Council shall be to represent

8 various groups with interests in the recreation area

9 and make recommendations to the Boston Harbor

10 Islands Partnership on issues related to the develop11 ment and implementation of the integrated resource

12 management plan developed under subsection (f).

13 The Advisory Council is encouraged to establish

14 committees relating to specific recreation area man15 agement issues, including (but not limited to) edu16 cation, tourism, transportation, natural resources,

17 cultural and historic resources, and revenue raising

18 activities. Participation on any such committee shall

19 not be limited to members of the Advisory Council.

20 (2) MEMBERSHIP.—The Advisory Council shall

21 consist of not fewer than 15 individuals, to be ap22 pointed by the Secretary, acting through the Direc23 tor of the National Park Service. The Secretary

24 shall appoint no fewer than three individuals to rep25 resent each of the following categories of entities:
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1 municipalities; educational and cultural institutions;

2 environmental organizations; business and commer3 cial entities, including those related to transpor4 tation, tourism and the maritime industry; and Bos5 ton Harbor-related advocacy organizations; and or6 ganizations representing Native American interests.

7 (3) PROCEDURES.—Each meeting of the Advi8 sory Council and its committees shall be open to the

9 public.

10 (4) FACA.—The provisions of section 14 of the

11 Federal Advisory Committee Act (5 U.S.C. App.),

12 are hereby waived with respect to the Advisory

13 Council.

14 (h) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) IN GENERAL.—There are authorized to be

16 appropriated such sums as may be necessary to

17 carry out this section, provided that no funds may

18 be appropriated for land acquisition.

19 (2) MATCHING REQUIREMENT.—Amounts ap20 propriated in any fiscal year to carry out this section

21 may only be expended on a matching basis in a ra22 tion of at least three non-Federal dollars to every

23 Federal dollar. The non-Federal share of the match

24 may be in the form of cash, services, or in-kind con25 tributions, fairly valued.
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1 SEC. 1034. NATCHEZ NATIONAL HISTORICAL PARK.

2 Section 3 of the Act of October 8, 1988, entitled ‘‘An

3 Act to create a national park at Natchez, Mississippi’’ (16

4 U.S.C. 410oo et seq.), is amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ after

6 ‘‘SEC. 3.’’; and

7 (2) by adding at the end the following:

8 ‘‘(b) BUILDING FOR JOINT USE BY THE SECRETARY

9 AND THE CITY OF NATCHEZ.—

10 ‘‘(1) CONTRIBUTION TOWARD CONSTRUC11 TION.—The Secretary shall enter into an agreement

12 with the city of Natchez under which the Secretary

13 agrees to pay not to exceed $3,000,000 toward the

14 planning and construction by the city of Natchez of

15 a structure to be partially used by the Secretary as

16 an administrative headquarters, administrative site,

17 and visitors’ center for Natchez National Historical

18 Park.

19 ‘‘(2) USE FOR SATISFACTION OF MATCHING RE20 QUIREMENTS.—The amount of payment under para21 graph (1) may be available for matching Federal

22 grants authorized under other law notwithstanding

23 any limitations in any such law.

24 ‘‘(3) AGREEMENT.—Prior to the execution of

25 an agreement under paragraph (1), and subject to

26 the appropriation of necessary funds in advance, the
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1 Secretary shall enter into a contract, lease, coopera2 tive agreement, or other appropriate form of agree3 ment with the city of Natchez providing for the use

4 and occupancy of a portion of the structure con5 structed under paragraph (1) (including appropriate

6 use of the land on which it is situated), at no cost

7 to the Secretary (except maintenance, utility, and

8 other operational costs), for a period of 50 years,

9 with an option for renewal by the Secretary for an

10 additional 50 years.

11 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated $3,000,000

13 to carry out this subsection.’’.

14 SEC. 1035. SUBSTITUTION OF TIMBER FOR CANCELED TIM15 BER SALE.

16 (a) IN GENERAL.—Notwithstanding the provisions of

17 the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and

18 the requirements of section 5402.0–6 of title 43, Code of

19 Federal Regulations, the Secretary of the Interior, acting

20 through the Bureau of Land Management, is authorized

21 to substitute, without competition, a contract for timber

22 identified for harvest located on public lands administered

23 by the Bureau of Land Management in the State of Cali24 fornia of comparable value for the following terminated
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1 timber contract: Elkhorn Ridge Timber Sale, Contract No.

2 CA–050–TS–88–01.

3 (b) DISCLAIMER.—Nothing in this section shall be

4 construed as changing any law or policy of the Federal

5 Government beyond the timber sale substitution specified

6 in this section.

7 SEC. 1036. RURAL ELECTRIC AND TELEPHONE FACILITIES.

8 (a) IN GENERAL.—Section 504(g) of the Federal

9 Land Policy and Management Act of 1976 (43 U.S.C.

10 1764(g)) is amended by striking ‘‘financed pursuant to the

11 Rural Electrification Act of 1936, as amended,’’ in the

12 last sentence and inserting ‘‘eligible for financing pursu13 ant to the Rural Electrification Act of 1936, as amended,

14 determined without regard to any application requirement

15 under that Act,’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply with respect to rights-of-way

18 leases held on or after the date of enactment of this Act.

19 SEC. 1037. FEDERAL BOROUGH RECOGNITION.

20 (a) Section 6901(2) of title 31, United States Code,

21 is amended to read as follows:

22 ‘‘(2)(A) ‘unit of general local government’

23 means—

24 ‘‘(i) a county (or parish), township, bor25 ough, or city where the city is independent of
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1 any other unit of general local government,

2 that—

3 ‘‘(I) is within the class or classes of

4 such political subdivision in a State that

5 the Secretary of the Interior, in his discre6 tion, determines to be the principal pro7 vider or providers of governmental services

8 within the State; and

9 ‘‘(II) is a unit of general government,

10 as determined by the Secretary of the Inte11 rior on the basis of the same principles as

12 were used by the Secretary of Commerce

13 on January 1, 1983, for general statistical

14 purposes;

15 ‘‘(ii) any area in Alaska that is within the

16 boundaries of a census area used by the Sec17 retary of Commerce in the decennial census,

18 but that is not included within the boundary of

19 a governmental entity described under clause

20 (i);

21 ‘‘(iii) the District of Columbia;

22 ‘‘(iv) the Commonwealth of Puerto Rico;

23 ‘‘(v) Guam; and

24 ‘‘(vi) the Virgin Islands.
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1 ‘‘(B) the term ‘governmental services’ includes,

2 but is not limited to, those services that relate to

3 public safety, the environment, housing, social serv4 ices, transportation, and governmental administra5 tion.’’.

6 (b) PAYMENT IN LIEU OF TAXES.—Section 6902(a)

7 of title 31, United States Code, is amended to read as

8 follows:

9 ‘‘(a)(1) Except as provided in paragraph (2), the Sec10 retary of the Interior shall make a payment for each fiscal

11 year to each unit of general local government in which en12 titlement land is located as set forth in this chapter. A

13 unit of general local government may use the payment for

14 any governmental purpose.

15 ‘‘(2) For each unit of general local government de16 scribed in section 6901(2)(A)(ii), the Secretary of the In17 terior shall make a payment for each fiscal year to the

18 State of Alaska for entitlement land located within such

19 unit as set forth in this chapter. The State of Alaska shall

20 distribute such payment to home rule cities and general

21 law cities (as such cities are defined by the State) located

22 within the boundaries of the unit of general local govern23 ment for which the payment was received. Such cities may

24 use monies received under this paragraph for any govern25 mental purpose.’’.
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1 SEC. 1038. ALTERNATIVE PROCESSING.

2 The Secretary of Agriculture shall not terminate or

3 otherwise interfere with the purchaser’s operations under

4 Forest Service Timber Contract A10fs–1042 for failure to

5 operate a pulp mill and such failure shall not prejudice

6 any other contract dispute currently under appeal or in

7 litigation.

8 SEC. 1039. VILLAGE LAND NEGOTIATION.

9 (a) NEGOTIATIONS.—The Secretary of the Interior

10 shall negotiate with the Alaska Native Village Corpora11 tions of Tyonek Native Corporation, Ninilchik Native As12 sociation Inc., Knikatnu Inc., Seldovia Native Association

13 Inc., Chikaloon Moose Creek Native Association, Inc. and

14 the Alaska Native Regional Corporation, Cook Inlet Re15 gion, Inc. (CIRI) for the purpose of finalizing conveyance

16 to the affected village corporation of the high priority

17 lands or, in the case of CIRI, subsurface estate underlying

18 lands described in ‘‘Appendix C’’ of the Deficiency Agree19 ment dated August 31, 1976, pursuant to Public Law 94–

20 456 or such alternative lands or other consideration as

21 the village corporation, CIRI and the Secretary may agree

22 upon.

23 (b) REPORT TO COMMITTEES.—The Secretary shall

24 report to the Committee on Energy and Natural Re25 sources of the United States Senate and the Committee
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1 on Resources of the United States House of Representa2 tives by March 1, 1997, the result of those negotiations.

3 (c) STATUTE OF LIMITATIONS.—

4 (1) If the Secretary is unable to reach an agree5 ment with the affected corporation on conveyance of

6 the lands described in paragraph (1) or alternative

7 consideration by March 1, 1997, the affected cor8 poration or corporations may commence litigation at

9 any time within 12 months of enactment of this Act

10 in Federal District Court for Alaska to challenge

11 any determination by the Department of the Interior

12 that the Native Corporations will not receive convey13 ance of lands described in ‘‘Appendix C’’ of the Defi14 ciency Agreement.

15 (2) If such litigation is commenced, trial de

16 novo to the Federal District Court for Alaska shall

17 be held and the Deficiency Agreement shall be con18 strued as an agreement for the benefit of Alaska

19 Natives as Native Americans consistent with the

20 Federal trust responsibilities.

21 SEC. 1040. UNRECOGNIZED COMMUNITIES IN SOUTHEAST

22 ALASKA.

23 (a) ESTABLISHMENT OF ADDITIONAL NATIVE COR24 PORATIONS IN SOUTHEAST ALASKA.—(1) Section 14(h) of

25 the Alaska Native Claims Settlement Act (43 U.S.C.
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1 1613(h)), hereinafter in this section referred to as the

2 ‘‘Act’’) is amended by adding at the end the following new

3 paragraph:

4 ‘‘(12)(A) The Native residents of each of the

5 Native Villages of Haines, Ketchikan, Petersburg

6 and Wrangell, Alaska, may organize as an Urban

7 Corporation.

8 ‘‘(B) The Native residents of the Native Village

9 of Tenakee, Alaska, may organize as a Group Cor10 poration.

11 ‘‘(C) Nothing in this paragraph shall affect ex12 isting entitlement to land of any Native Corporation

13 pursuant to this Act or any other provision of law.’’.

14 (2) Notwithstanding any other provision of the Act,

15 nothing in this section shall create any entitlement to Fed16 eral lands for an urban or group corporation organized

17 pursuant to paragraph (1) without further Act of Con18 gress.

19 (b) DISTRIBUTION RIGHTS.—Section 7 of the Alaska

20 Native Claims Settlement Act is amended by adding at

21 the end of subsection (j) the following new sentence: ‘‘Na22 tive members of the communities of Haines, Ketchikan,

23 Petersburg, Tenakee, and Wrangell who are shareholders

24 of Sealaska Corporation and who become shareholders in

25 an Urban or Group Corporation for such a community
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1 shall continue to be eligible to receive distributions under

2 this subsection as at-large shareholders of Sealaska Cor3 poration.’’.

4 (c) PLANNING GRANTS.—The Native Corporation for

5 the communities of Haines, Ketchikan, Petersburg,

6 Tenakee, and Wrangell are authorized to receive grants

7 in the amount of $250,000 to each such corporation, to

8 be used only for planning, development, and other pur9 poses for which Native Corporations are organized under

10 this section.

11 (d) CONSIDERATION OF RECOMMENDATIONS.—(1) In

12 developing the Tongass Land Management Plan, the Sec13 retary of Agriculture shall, after consultation with the

14 Southeast Alaska Landless Coalition, Sealaska Corpora15 tion, the Urban Corporations for the Native communities

16 of Haines, Ketchikan, Petersburg, and Wrangell, and the

17 Group Corporation for the Native Community of Tenakee

18 (hereinafter collectively referred to as ‘‘Southeast Native

19 Corporations’’), take into account the establishment of ad20 ditional Native Corporations under section 14(h)(12) of

21 the Act, as amended by this section.

22 (2) In meeting the requirements set forth in para23 graph (1), the Secretary shall fully consider and analyze

24 all recommendations by the Southeast Native Corpora25 tions.
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1 (3) Within 9 months following the enactment of this

2 section, the Secretary shall submit a report to Congress

3 setting forth an analysis of the impact that establishment

4 of the Native Corporations under section 14(h)(12) of the

5 Act, as amended by this section, will have on the Tongass

6 Land Management Plan.

7 (4) The Tongass Land Management Plan shall incor8 porate all appropriate recommendations from the South9 east Native Corporations.

10 (e) MISCELLANEOUS PROVISION.—No provision of

11 this section shall affect the ratio for determination of dis12 tribution of revenues among the Regional Corporations

13 under section 7(i) of the Act and the 1982 section 7(i)

14 Settlement Agreement among the Regional Corporations

15 or among Village Corporations under section 7(j) of the

16 Act.

17 SEC. 1041. CONVEYANCE TO GROSS BROTHERS.

18 (a) IN GENERAL.—The Secretary of Agriculture

19 shall—

20 (1) survey certain real property located in

21 Tongass National Forest and described in subsection

22 (b); and

23 (2) convey all right, title, and interest of the

24 United States, subject to valid existing rights, in and
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1 to the property, to Danial J. Gross, Sr., and Doug2 las K. Gross of Wrangell Alaska.

3 (b) DESCRIPTION.—The real property referred to in

4 subsection (a)—

5 (1) consists of approximately 160.8 acres;

6 (2) is located at Green Point on the Stikine

7 River in Alaska; and

8 (3) has the legal description T61S R84E S31,

NE1⁄4, NW1⁄4 and NW1⁄4, NE1 9 ⁄4, Copper River Me10 ridian.

11 SEC. 1042. REGULATION OF FISHING IN CERTAIN WATERS

12 OF ALASKA.

13 (a) IN GENERAL.—Local residents who are descend14 ants of Katmai residents who lived in the Naknek Lake

15 and River Drainage shall be permitted, subject to reason16 able regulations established by the Secretary of the Inte17 rior, to continue their traditional fishery for red fish with18 in Katmai National Park (the national park and national

19 preserve redesignated, established, and expanded under

20 section 202(2) of the Alaska National Interest Lands Con21 servation Act (16 U.S.C. 410hh–1)).

22 (b) RED FISH DEFINED.—For the purposes of sub23 section (a), the term ‘‘red fish’’ means spawned-out sock24 eye salmon that has no significant commercial value.
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1 (c) TITLE.—No provision of this section shall be con2 strued to invalidate or validate or in any other way affect

3 any claim by the State of Alaska to title to any or all

4 submerged lands, nor shall any actions taken pursuant to

5 or in accordance with this Act operate under any provision

6 or principle of the law to bar the State of Alaska from

7 asserting at any time its claim of title to any or all of

8 the submerged lands.

9 (d) JURISDICTION.—Nothing in this section nor in

10 any actions taken pursuant to this section shall be con11 strued as expanding or diminishing Federal or State juris12 diction, responsibility, interests, or rights in management,

13 regulation, or control over waters of the State of Alaska

14 or submerged lands under any provision of Federal or

15 State law.

16 SEC. 1043. CREDIT FOR RECONVEYANCE.

17 Within 24 months after the date of the enactment

18 of this Act, the Cape Fox Corporation may transfer all

19 or part of its right, title, and interest in and to the ap20 proximately 320-acre parcel that includes Beaver Falls

21 Hydroelectric power-house site to the United States. In

22 exchange for the transfer, the acreage entitlement of the

23 Cape Fox Corporation shall be credited in the amount of

24 the number of acres returned to the United States under

25 this section.
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1 SEC. 1044. RADIO SITE REPORT.

2 The Secretary of Agriculture (1) shall have a period

3 of 180 days from the date of enactment of this Act to

4 review management of Inspiration Point, San Bernadino

5 National Forest, make a determination whether the con6 tinued presence of the KATY–FM antenna on the site is

7 in the public interest, and report the determination with

8 the reasons therefor to the Committee on Energy and Nat9 ural Resources, United States Senate, and the Committee

10 on Resources, House of Representatives, and (2) shall

11 take no action within such period which causes or results

12 in, directly or indirectly, the removal of the antenna from

13 the site.

14 SEC. 1045. MANAGEMENT OF EXISTING DAMS AND WEIRS.

15 With respect to the Emigrant Wilderness in the

16 Stanislaus National Forest, California, as designated by

17 section 2(b) of Public Law 93–632 (88 Stat. 2154; 16

18 U.S.C. 1132 note), the Secretary of Agriculture shall re19 tain and maintain the 18 concrete dams and weirs that

20 were located within the boundaries of the Emigrant Wil21 derness on the date of the enactment of such Public Law,

22 January 3, 1975. If personnel of the Forest Service are

23 unavailable to perform the maintenance of the dams and

24 weirs, or to supplement the maintenance activities of For25 est Service personnel, the Secretary shall contract with

26 other persons to perform the maintenance at Government
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1 expense or permit other persons to perform the mainte2 nance at private expense.

3 SEC. 1046. UNIVERSITY OF ALASKA LAND NEGOTIATION.

4 (a) Subject to valid existing rights and the conditions

5 set forth in this legislation, the Secretary of the Interior

6 is authorized to convey to the University of Alaska, as a

7 grant and in fee simple, a basic Federal entitlement of

8 350,000 acres of Federal lands in Alaska.

9 (b) The University of Alaska may submit to the Sec10 retary a list of properties the university has selected to

11 receive under the conditions of this grant. The university

12 may submit selections that exceed the basic entitlement,

13 except that such selections shall not exceed 385,000 acres.

14 (c) The Secretary shall not approve or convey, under

15 this grant—

16 (1) any Federal lands which, at the time of en17 actment of this Act, are included in a Conservation

18 System Unit as defined in the Alaska National In19 terests Lands Conservation Act or a National For20 est.

21 (2) any Federal lands validly selected but not

22 conveyed to the State of Alaska or the corporations

23 organized pursuant to the Alaska Native Claims Set24 tlement Act.
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1 (d) Lands shall be conveyed to the university only to

2 the extent that the State of Alaska conveys, or has con3 veyed an equivalent amount of acreage to the university

4 subsequent to enactment of this Act.

5 TITLE XI—CALIFORNIA BAY

6 DELTA ENVIRONMENTAL EN7 HANCEMENT

8 SEC. 1101. PROGRAM FUNDING.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—For each

10 of the fiscal years 1998, 1999, and 2000, there are author11 ized to be appropriated an additional $143,300,000 for

12 both—

13 (1) the initial Federal share of the cost of de14 veloping and implementing that portion of an eco15 system protection plan for the Bay-Delta, referred to

16 as ‘‘the Category III program’’ emanating out of the

17 document entitled ‘‘Principles for Agreement on

18 Bay-Delta Standards Between the State of Califor19 nia and the Federal Government’’, dated December

20 15, 1994, and

21 (2) the initial Federal share of the cost of de22 veloping and implementing the ecosystem restoration

23 elements of the long-term CALFED Bay-Delta Pro24 gram, pursuant to the cost sharing agreement re25 quired by section 78684.10 of California Senate Bill
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1 900, Chapter 135, Statutes of 1996, signed by the

2 Governor of California on July 11, 1996.

3 Funds appropriated pursuant to this section shall remain

4 available until expended and shall be administered in ac5 cordance with procedures established by CALFED Bay6 Delta Program until Congress authorizes another entity

7 that is recommended by CALFED Bay-Delta Program to

8 carry out this section.

9 (b) TREATMENT OF FUNDS.—Funds authorized to be

10 appropriated pursuant to this section to those agencies

11 that are currently or subsequently become participants in

12 the CALFED Bay-Delta Program shall be in addition to

13 the baseline funding levels established pursuant to sub14 section (e), for currently authorized projects and programs

15 under the Central Valley Project Improvement Act (title

16 XXXIV of of Public Law 102–575) and other currently

17 authorized Federal programs for the purpose of Bay-Delta

18 ecosystem protection and restoration.

19 (c) LONG-TERM SOLUTION.—Nothing in this section

20 shall be deemed to diminish the Federal interest in and

21 responsibility for working with the State of California

22 through the CALFED Bay-Delta Program in developing,

23 funding, and implementing a balanced, long-term solution

24 to the problems of ecosystem quality, water quality, water

25 supply and reliability, and system vulnerability affecting
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1 the San Francisco Bay/Sacramento-San Joaquin Delta

2 Watershed in California. Participation in such long term

3 solution shall only be undertaken pursuant to authoriza4 tion provided by law other than this section, and shall be

5 based on the equitable allocation of program costs among

6 beneficiary groups that the CALFED Bay-Delta programs

7 shall develop.

8 (d) ACTIVITIES.—To the extent not otherwise author9 ized, those agencies and departments that are currently

10 or subsequently become participants in the CALFED Bay11 Delta Program are hereby authorized to undertake the ac12 tivities and programs for which Federal cost sharing is

13 provided by this section. The United States shall imme14 diately initiate coordinated consultations and negotiations

15 with the State of California to expeditiously execute the

16 cost-sharing agreement required by section 78684.10 of

17 California Senate Bill 900, Chapter 135, Statutes of 1996,

18 signed by the Governor of California on July 11, 1996.

19 Such activities shall include, but not be limited to, plan20 ning, design, technical assistance, and construction for

21 ecosystem restoration programs and projects.

22 (e) BUDGET CROSSCUT.—The Office of Management

23 and Budget is directed to submit to the House and Senate

24 Committees on Appropriations, as part of the President’s

25 Fiscal Year 1998 Budget, an interagency budget crosscut
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1 that displays Federal spending for fiscal years 1993

2 through 1998 on ecosystem restoration and other purposes

3 in the Bay-Delta region, separately showing funding pro4 vided previously or requested under both pre-existing au5 thorities and new authorities granted by this section.

6 (f) EFFECTIVE DATE.—Subsections (a) through (d)

7 of this section shall take effect on the date of passage of

8 California State Proposition 204.

Æ