II

104TH CONGRESS

2D SESSION H. R. 4236

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1996

Received

AN ACT

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,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 Public Lands Management Act of 1996’’.

Sec. 1. Short title and table of contents.

DIVISION I

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.

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. Relinquishment of interest.

Sec. 214. Modoc National Forest.

Sec. 215. Conveyance to City of Sumpter, Oregon.

Sec. 216. Cumberland Gap National Historical Park.

Sec. 217. Alpine School District.

Sec. 218. Merced Irrigation District land exchange.

Sec. 219. Father Aull site transfer.

Sec. 220. Coastal Barrier Resources System.

Sec. 221. 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. Kenai Natives Association land exchange.
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TITLE IV—RIVERS AND TRAILS

Sec. 401. Rio Puerco watershed.

Sec. 402. Old Spanish Trail.

Sec. 403. Great Western Scenic Trail.

Sec. 404. Hanford Reach Preservation.

Sec. 405. Lamprey Wild and Scenic River.

Sec. 406. West Virginia National Rivers Amendments of 1996.

Sec. 407. Technical amendment to the Wild and Scenic Rivers Act.

Sec. 408. 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 Historic Park.

Sec. 506. Black Patriots Memorial Extention.

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. Revolutionary War and War of 1812 Historic Preservation Study.

Sec. 604. American battlefield protection program.

Sec. 605. Chickamauga and Chattanooga National Military Parks.

Sec. 606. Shenandoah Valley battlefields.

Sec. 607. Washita Battlefield.

TITLE VII—FEES

Sec. 701. Ski area permit rental charge.

Sec. 702. Delaware Water Gap.

Sec. 703. 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. Carl Garner Federal Lands Cleanup Day.
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Sec. 807. Fort Pulaski National Monument, Georgia.

Sec. 808. Laura C. Hudson Visitor Center.

Sec. 809. Robert J. Lagomarsino Visitor Center.

Sec. 810. Expenditure of funds outside authorized boundary of Rocky Mountain

National Park.

Sec. 811. Dayton aviation.

Sec. 812. Prohibition on certain transfers of national forest lands.

Sec. 813. Grand Lake Cemetery.

Sec. 814. National Park Service administrative reform.

Sec. 815. William B. Smullin Visitor Center.

Sec. 816. Calumet Ecological Park.

Sec. 817. Acquisition of certain property on Santa Cruz Island.

Sec. 818. National Park Agreements.

TITLE IX—HERITAGE AREAS

Sec. 901. Blackstone River Valley National Heritage Corridor.

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

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. Recreation lakes.

Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil forest protection.

Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area.

Sec. 1024. Upper Klamath Basin ecological restoration projects.

Sec. 1025. Deschutes Basin ecosystem restoration projects.

Sec. 1026. Bull Run protection.

Sec. 1027. Oregon Islands Wilderness, additions.

Sec. 1028. Umpqua River land exchange study: policy and direction.

Sec. 1029. Boston Harbor Islands Recreation Area.

Sec. 1030. Natchez National Historical Park.

Sec. 1031. Substitution of timber for canceled timber sale.

Sec. 1032. Rural electric and telephone facilities.

Sec. 1033. Federal borough recognition.

Sec. 1034. Extension of statute of limitations.

Sec. 1035. Regulation of fishing in certain waters of Alaska.

Sec. 1036. Credit for reconveyance.

Sec. 1037. Radio site report.
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TITLE XI—CALIFORNIA BAY DELTA ENVIRONMENTAL

ENHANCEMENT

Sec. 1101. Program funding.

DIVISION II

TITLE I—NATIONAL COAL HERITAGE AREA

Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Establishment.

Sec. 104. Contractual agreement.

Sec. 105. Eligible resources.

Sec. 106. Coal heritage management plan.

Sec. 107. Sunset.

Sec. 108. Authorization of appropriations.

TITLE II—TENNESSEE CIVIL WAR HERITAGE AREA

Sec. 201. Findings and purposes.

Sec. 202. Definitions.

Sec. 203. Tennessee Civil War Heritage Area.

Sec. 204. Compact.

Sec. 205. Management.

Sec. 206. Duties and authorities of Secretary.

Sec. 207. Savings provisions.

Sec. 208. Sunset.

Sec. 209. Authorization of appropriations.

TITLE III—AUGUSTA CANAL NATIONAL HERITAGE AREA

Sec. 301. Findings.

Sec. 302. Purpose.

Sec. 303. Designation of Augusta Canal National Heritage Area.

Sec. 304. Management.

Sec. 305. Management plan.

Sec. 306. Grants and technical assistance.

Sec. 307. Acquisition of real property.

Sec. 308. Occupational, safety, conservation, and environmental regulation.

Sec. 309. Land use regulation.

Sec. 310. Sunset.

Sec. 311. Authorization of appropriations.

TITLE IV—STEEL INDUSTRY HERITAGE PROJECT

Sec. 401. Short title.

Sec. 402. Findings and purpose.

Sec. 403. Steel Industry American Heritage Area.

Sec. 404. Compact.

Sec. 405. Management plan.

Sec. 406. Authorities and duties of management entity.

Sec. 407. Duties and authorities of Federal agencies.

Sec. 408. Sunset.

Sec. 409. Authorization of appropriations.

TITLE V—ESSEX NATIONAL HERITAGE AREA
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Sec. 501. Findings and purpose.

Sec. 502. Definitions.

Sec. 503. Designation of National Heritage Area.

Sec. 504. Management entity.

Sec. 505. Duties of the Secretary.

Sec. 506. Private property.

Sec. 507. Sunset.

Sec. 508. Authorization of appropriations.

TITLE VI—SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

Sec. 601. Short title.

Sec. 602. Findings and purpose.

Sec. 603. Definitions.

Sec. 604. South Carolina National Heritage Corridor.

Sec. 605. Management entity.

Sec. 606. Duties of the Secretary.

Sec. 607. Sunset.

Sec. 608. Authorization of appropriations.

TITLE VII—AMERICA’S AGRICULTURAL HERITAGE PARTNERSHIP

Sec. 701. Findings and purposes.

Sec. 702. Definitions.

Sec. 703. Establishment of the America’s Agricultural Heritage Partnership.

Sec. 704. Establishment of the America’s Agricutural Heritage Partnership

management entity.

Sec. 705. Partnership management plan.

Sec. 706. Land use regulation and private property protection.

Sec. 707. Sunset.

Sec. 708. Authorization of appropriations.

TITLE VIII—OHIO & ERIE CANAL NATIONAL HERITAGE

CORRIDOR

Sec. 801. Short title.

Sec. 802. Findings and purpose.

Sec. 803. Definitions.

Sec. 804. Ohio & Erie Canal National Heritage Corridor.

Sec. 805. The Ohio & Erie National Canal Heritage Corridor Committee.

Sec. 806. Powers and duties of the National Heritage Corridor Committee.

Sec. 807. Management entity.

Sec. 808. Duties of the management entity.

Sec. 809. Duties and authorities of Federal agencies.

Sec. 810. Lack of effect on land use regulation and private property.

Sec. 811. Sunset.

Sec. 812. Authorization of appropriations.

TITLE IX—HUDSON RIVER VALLEY NATIONAL HERITAGE AREA

Sec. 901. Short title.

Sec. 902. Findings.

Sec. 903. Purposes.

Sec. 904. Hudson River Valley American Heritage Area.

Sec. 905. Compact.

Sec. 906. Management plan.

Sec. 907. Authorities and duties of management entities.
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Sec. 908. Duties and authorities of Federal agencies.

Sec. 909. Authorization of appropriations.

Sec. 910. Sunset.

1 DIVISION I

2 TITLE I—THE PRESIDIO OF SAN

3 FRANCISCO

4 SEC. 101. FINDINGS.

5 The Congress finds that—

6 (1) the Presidio, located amidst the incom7 parable scenic splendor of the Golden Gate, is one

8 of America’s great natural and historic sites;

9 (2) the Presidio is the oldest continuously oper10 ated military post in the Nation dating from 1776,

11 and was designated a National Historic Landmark

12 in 1962;

13 (3) preservation of the cultural and historic in14 tegrity of the Presidio for public use recognizes its

15 significant role in the history of the United States;

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

17 Golden Gate National Recreation Area, in accord18 ance with Public Law 92–589;

19 (5) as part of the Golden Gate National Recre20 ation Area, the Presidio’s significant natural, his21 toric, scenic, cultural, and recreational resources

22 must be managed in a manner which is consistent

23 with sound principles of land use planning and man24 agement, and which protects the Presidio from de-
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1 velopment and uses which would destroy the scenic

2 beauty and historic and natural character of the

3 area and cultural and recreational resources;

4 (6) removal and/or replacement of some struc5 tures within the Presidio must be considered as a

6 management option in the administration of the Pre7 sidio; and

8 (7) the Presidio will be managed through an in9 novative public/private partnership that minimizes

10 cost to the United States Treasury and makes effi11 cient use of private sector resources.

12 SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SEC13 RETARY OF THE INTERIOR.

14 (a) INTERIM AUTHORITY.—The Secretary of the In15 terior (hereinafter in this title referred to as the ‘‘Sec16 retary’’) is authorized to manage leases in existence on

17 the date of this Act for properties under the administra18 tive jurisdiction of the Secretary and located at the Pre19 sidio. Upon the expiration of any such lease, the Secretary

20 may extend such lease for a period terminating not later

21 than 6 months after the first meeting of the Presidio

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

23 for property at the Presidio to be transferred to the Pre24 sidio Trust under this title, however, the Secretary is au25 thorized to enter into agreements for use and occupancy
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1 of the Presidio properties which are assignable to the

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

3 the transfer of administrative jurisdiction over any prop4 erty to the Presidio Trust, and notwithstanding section

5 1341 of title 31 of the United States Code, the proceeds

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

7 such proceeds shall be available, without further appro8 priation, for the preservation, restoration, operation and

9 maintenance, improvement, repair and related expenses

10 incurred with respect to Presidio properties. The Secretary

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

12 amounts to be expended by the lessee for preservation,

13 maintenance, restoration, improvement, repair and related

14 expenses with respect to properties and infrastructure

15 within the Presidio.

16 (b) PUBLIC INFORMATION AND INTERPRETATION.—

17 The Secretary shall be responsible, in cooperation with the

18 Presidio Trust, for providing public interpretive services,

19 visitor orientation and educational programs on all lands

20 within the Presidio.

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

22 Presidio that are not transferred to the administrative ju23 risdiction of the Presidio Trust shall continue to be man24 aged by the Secretary. The Secretary and the Presidio

25 Trust shall cooperate to ensure adequate public access to
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1 all portions of the Presidio. Any infrastructure and build2 ing improvement projects that were funded prior to the

3 enactment of this Act shall be completed by the National

4 Park Service.

5 (d) PARK SERVICE EMPLOYEES.—(1) Any career em6 ployee of the National Park Service, employed at the Pre7 sidio at the time of the transfer of lands and facilities to

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

9 by reason of such transfer, unless such employee is em10 ployed by the Trust, other than on detail. Notwithstanding

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

12 have sole discretion over whether to hire any such em13 ployee or request a detail of such employee.

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

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

16 title shall be given priority placement for any available po17 sition within the National Park System notwithstanding

18 any priority reemployment lists, directives, rules, regula19 tions or other orders from the Department of the Interior,

20 the Office of Management and Budget, or other Federal

21 agencies.

22 SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

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

24 owned government corporation to be known as the Pre-
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1 sidio Trust (hereinafter in this title referred to as the

2 ‘‘Trust’’).

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

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

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

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

7 Secretary shall transfer such parcel to the administrative

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

9 meeting of the Board of Directors of the Trust, the Sec10 retary shall transfer to the Trust administrative jurisdic11 tion over all remaining parcels within Area B. Such map

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

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

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

15 Secretary may jointly make technical and clerical revisions

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

17 retain jurisdiction over those portions of the building iden18 tified as number 102 as the Secretary deems essential for

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

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

21 the jurisdiction over which is transferred pursuant to this

22 subsection, shall remain within the boundary of the Gold23 en Gate National Recreation Area. With the consent of

24 the Secretary, the Trust may at any time transfer to the

25 administrative jurisdiction of the Secretary any other
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1 properties within the Presidio which are surplus to the

2 needs of the Trust and which serve essential purposes of

3 the Golden Gate National Recreation Area. The Trust is

4 encouraged to transfer to the administrative jurisdiction

5 of the Secretary open space areas which have high public

6 use potential and are contiguous to other lands adminis7 trated by the Secretary.

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

9 Board of Directors of the Trust, the Trust and the Sec10 retary shall determine cooperatively which records, equip11 ment, and other personal property are deemed to be nec12 essary for the immediate administration of the properties

13 to be transferred, and the Secretary shall immediately

14 transfer such personal property to the Trust. Within 1

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

16 the Trust, the Trust and the Secretary shall determine

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

18 and other personal property used by the Secretary in the

19 administration of the properties to be transferred should

20 be transferred to the Trust.

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

22 administrative jurisdiction over any property, the unobli23 gated balance of all funds appropriated to the Secretary,

24 all leases, concessions, licenses, permits, and other agree25 ments affecting such property.
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1 (4) At the request of the Trust, the Secretary shall

2 provide funds to the Trust for preparation of the program

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

4 staff and other activities deemed by the Trust as essential

5 to the establishment of the Trust prior to the transfer of

6 properties to the Trust.

7 (c) BOARD OF DIRECTORS.—

8 (1) IN GENERAL.—The powers and manage9 ment of the Trust shall be vested in a Board of Di10 rectors (hereinafter referred to as the ‘‘Board’’) con11 sisting of the following 7 members:

12 (A) The Secretary of the Interior or the

13 Secretary’s designee.

14 (B) 6 individuals, who are not employees

15 of the Federal Government, appointed by the

16 President, who shall possess extensive knowl17 edge and experience in one or more of the fields

18 of city planning, finance, real estate develop19 ment, and resource conservation. At least one of

20 these individuals shall be a veteran of the

21 Armed Services. At least 3 of these individuals

22 shall reside in the San Francisco Bay Area.

23 The President shall make the appointments re24 ferred to in this subparagraph within 90 days

25 after the enactment of this Act and shall ensure
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1 that the fields of city planning, finance, real es2 tate development, and resource conservation are

3 adequately represented. Upon establishment of

4 the Trust, the Chairman of the Board of Direc5 tors of the Trust shall meet with the Chairman

6 of the Energy and Natural Resources Commit7 tee of the United States Senate and the Chair8 man of the Resources Committee of the United

9 States House of Representatives.

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

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

12 of 4 years, except that of the members first ap13 pointed, 3 shall serve for a term of 2 years. Any va14 cancy in the Board shall be filled in the same man15 ner in which the original appointment was made,

16 and any member appointed to fill a vacancy shall

17 serve for the remainder of that term for which his

18 or her predecessor was appointed. No appointed

19 member may serve more than 8 years in consecutive

20 terms.

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

22 shall constitute a quorum for the conduct of busi23 ness by the Board.

24 (4) ORGANIZATION AND COMPENSATION.—The

25 Board shall organize itself in such a manner as it
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1 deems most appropriate to effectively carry out the

2 authorized activities of the Trust. Board members

3 shall serve without pay, but may be reimbursed for

4 the actual and necessary travel and subsistence ex5 penses incurred by them in the performance of the

6 duties of the Trust.

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

8 Board of Directors shall not be considered Federal

9 employees by virtue of their membership on the

10 Board, except for purposes of the Federal Tort

11 Claims Act and the Ethics in Government Act, and

12 the provisions of chapter 11 of title 18, United

13 States Code.

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

15 three times per year in San Francisco and at least

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

17 Upon a majority vote, the Board may close any

18 other meetings to the public. The Board shall estab19 lish procedures for providing public information and

20 opportunities for public comment regarding policy,

21 planning, and design issues. The Board may estab22 lish procedures for providing public information and

23 opportunities for public comment regarding policy,

24 planning, and design issues through the Golden Gate

25 National Recreation Area Advisory Commission.
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1 (7) STAFF.—The Trust is authorized to appoint

2 and fix the compensation and duties of an executive

3 director and such other officers and employees as it

4 deems necessary without regard to the provisions of

5 title 5, United States Code, governing appointments

6 in the competitive service, and may pay them with7 out regard to the provisions of chapter 51, and sub8 chapter III of chapter 53, title 5, United States

9 Code, relating to classification and General Schedule

10 pay rates.

11 (8) NECESSARY POWERS.—The Trust shall

12 have all necessary and proper powers for the exercise

13 of the authorities vested in it.

14 (9) TAXES.—The Trust and all properties ad15 ministered by the Trust shall be exempt from all

16 taxes and special assessments of every kind by the

17 State of California, and its political subdivisions, in18 cluding the City and County of San Francisco.

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

20 Trust shall be treated as a wholly owned Govern21 ment corporation subject to chapter 91 of title 31,

22 United States Code (commonly referred to as the

23 Government Corporation Control Act). Financial

24 statements of the Trust shall be audited annually in
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1 accordance with section 9105 of title 31 of the Unit2 ed States Code.

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

4 shall submit to the Committee on Energy and Natu5 ral Resources of the United States Senate and the

6 Committee on Resources of the House of Represent7 atives a comprehensive and detailed report of its op8 erations, activities, and accomplishments for the

9 prior fiscal year. The report also shall include a sec10 tion that describes in general terms the Trust’s

11 goals for the current fiscal year.

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

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

14 Trust shall manage the leasing, maintenance, rehabilita15 tion, repair and improvement of property within the Pre16 sidio under its administrative jurisdiction using the au17 thorities provided in this section, which shall be exercised

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

19 the Act entitled ‘‘An Act to establish the Golden Gate Na20 tional Recreation Area in the State of California, and for

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

22 92–589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accord23 ance with the general objectives of the General Manage24 ment Plan (hereinafter referred to as the ‘‘management

25 plan’’) approved for the Presidio.
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1 (b) AUTHORITIES.—The Trust may participate in the

2 development of programs and activities at the properties

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

4 the authority to negotiate and enter into such agreements,

5 leases, contracts and other arrangements with any person,

6 firm, association, organization, corporation or govern7 mental entity, including, without limitation, entities of

8 Federal, State and local governments as are necessary and

9 appropriate to carry out its authorized activities. Any such

10 agreement may be entered into without regard to section

11 321 of the Act of June 30, 1932 (40 U.S.C. 303b). The

12 Trust shall establish procedures for lease agreements and

13 other agreements for use and occupancy of Presidio facili14 ties, including a requirement that in entering into such

15 agreements the Trust shall obtain reasonable competition.

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

17 real property transferred to it under this title. Federal

18 laws and regulations governing procurement by Federal

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

20 of laws and regulations related to Federal government

21 contracts governing working conditions and wage rates,

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

23 40, United States Code (Davis-Bacon Act), and any civil

24 rights provisions otherwise applicable thereto. The Trust,

25 in consultation with the Administrator of Federal Procure-
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1 ment Policy, shall establish and promulgate procedures

2 applicable to the Trust’s procurement of goods and serv3 ices including, but not limited to, the award of contracts

4 on the basis of contractor qualifications, price, commer5 cially reasonable buying practices, and reasonable com6 petition.

7 (c) MANAGEMENT PROGRAM.—The Trust shall de8 velop a comprehensive program for management of those

9 lands and facilities within the Presidio which are trans10 ferred to the administrative jurisdiction of the Trust. Such

11 program shall be designed to reduce expenditures by the

12 National Park Service and increase revenues to the Fed13 eral Government to the maximum extent possible. In car14 rying out this program, the Trust shall be treated as a

15 successor in interest to the National Park Service with re16 spect to compliance with the National Environmental Pol17 icy Act and other environmental compliance statutes. Such

18 program shall consist of—

19 (1) demolition of structures which in the opin20 ion of the Trust, cannot be cost-effectively rehabili21 tated, and which are identified in the management

22 plan for demolition,

23 (2) evaluation for possible demolition or re24 placement those buildings identified as categories 2

25 through 5 in the Presidio of San Francisco Historic
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1 Landmark District Historic American Buildings

2 Survey Report, dated 1985,

3 (3) new construction limited to replacement of

4 existing structures of similar size in existing areas of

5 development, and

6 (4) examination of a full range of reasonable

7 options for carrying out routine administrative and

8 facility management programs.

9 The Trust shall consult with the Secretary in the prepara10 tion of this program.

11 (d) FINANCIAL AUTHORITIES.—To augment or en12 courage the use of non-Federal funds to finance capital

13 improvements on Presidio properties transferred to its ju14 risdiction, the Trust, in addition to its other authorities,

15 shall have the following authorities subject to the Federal

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

17 (1) The authority to guarantee any lender

18 against loss of principal or interest on any loan: Pro19 vided, That—

20 (A) the terms of the guarantee are ap21 proved by the Secretary of the Treasury;

22 (B) adequate subsidy budget authority is

23 provided in advance in appropriations Acts; and

24 (C) such guarantees are structured so as

25 to minimize potential cost to the Federal Gov-
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1 ernment. No loan guarantee under this title

2 shall cover more than 75 percent of the unpaid

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

4 sufficient to cover its costs in connection with

5 each loan guaranteed under this title. The au6 thority to enter into any such loan guarantee

7 agreement shall expire at the end of 15 years

8 after the date of enactment of this title.

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

10 make loans to the occupants of property managed by

11 the Trust for the preservation, restoration, mainte12 nance, or repair of such property.

13 (3) The authority to issue obligations to the

14 Secretary of the Treasury, but only if the Secretary

15 of the Treasury agrees to purchase such obligations

16 after determining that the projects to be funded

17 from the proceeds thereof are credit worthy and that

18 a repayment schedule is established and only to the

19 extent authorized in advance in appropriations acts.

20 The Secretary of the Treasury is authorized to use

21 as a public debt transaction the proceeds from the

22 sale of any securities issued under chapter 31 of title

23 31, United States Code, and the purposes for which

24 securities may be issued under such chapter are ex25 tended to include any purchase of such notes or obli-
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1 gations acquired by the Secretary of the Treasury

2 under this subsection. Obligations issued under this

3 subparagraph shall be in such forms and denomina4 tions, bearing such maturities, and subject to such

5 terms and conditions, as may be prescribed by the

6 Secretary of the Treasury, and shall bear interest at

7 a rate determined by the Secretary of the Treasury,

8 taking into consideration current market yields on

9 outstanding marketable obligations of the United

10 States of comparable maturities. No funds appro11 priated to the Trust may be used for repayment of

12 principal or interest on, or redemption of, obligations

13 issued under this paragraph.

14 (4) The aggregate amount of obligations issued

15 under this subsection which are outstanding at any

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

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

18 donations of funds, property, supplies, or services from in19 dividuals, foundations, corporations, and other private or

20 public entities for the purpose of carrying out its duties.

21 The Trust is encouraged to maintain a liaison with the

22 Golden Gate National Park Association.

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

24 be a public agency for purposes of entering into joint exer25 cise of powers agreements pursuant to California govern-
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1 ment code section 6500 and related provisions of that

2 Code.

3 (g) PROCEEDS.—Notwithstanding section 1341 of

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

5 by the Trust shall be retained by the Trust, and such pro6 ceeds shall be available, without further appropriation, for

7 the administration, preservation, restoration, operation

8 and maintenance, improvement, repair and related ex9 penses incurred with respect to Presidio properties under

10 its administrative jurisdiction. The Secretary of the Treas11 ury shall invest excess moneys of the Trust in public debt

12 securities which shall bear interest at rates determined by

13 the Secretary of the Treasury taking into consideration

14 the current average market yield on outstanding market15 able obligations of the United States of comparable matu16 rity.

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

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

19 Litigation arising out of the activities of the Trust shall

20 be conducted by the Attorney General; except that the

21 Trust may retain private attorneys to provide advice and

22 counsel. The District Court for the Northern District of

23 California shall have exclusive jurisdiction over any suit

24 filed against the Trust.
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1 (i) MEMORANDUM OF AGREEMENT.—The Trust shall

2 enter into a Memorandum of Agreement with the Sec3 retary, acting through the Chief of the United States Park

4 Police, for the conduct of law enforcement activities and

5 services within those portions of the Presidio transferred

6 to the administrative jurisdiction of the Trust.

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

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

9 regulations governing the manner in which its business

10 may be conducted and the powers vested in it may be exer11 cised. The Trust is authorized, in consultation with the

12 Secretary, to adopt and to enforce those rules and regula13 tions that are applicable to the Golden Gate National

14 Recreation Area and that may be necessary and appro15 priate to carry out its duties and responsibilities under

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

17 such rules and regulations by publication in the Federal

18 Register.

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

20 compliance with applicable laws and regulations concern21 ing properties transferred to the Trust by the Secretary,

22 the Trust shall negotiate directly with regulatory authori23 ties.

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

25 leaseholders and contractors procure proper insurance
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1 against any loss in connection with properties under lease

2 or contract, or the authorized activities granted in such

3 lease or contract, as is reasonable and customary.

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

5 bring all properties under its administrative jurisdiction

6 into compliance with Federal building codes and regula7 tions appropriate to use and occupancy within 10 years

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

9 (n) LEASING.—In managing and leasing the prop10 erties transferred to it, the Trust shall consider the extent

11 to which prospective tenants contribute to the implementa12 tion of the General Management Plan for the Presidio and

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

14 Trust shall give priority to the following categories of ten15 ants: Tenants that enhance the financial viability of the

16 Presidio and tenants that facilitate the cost-effective pres17 ervation of historic buildings through their reuse of such

18 buildings.

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

20 the Trust has not accomplished the goals and objectives

21 of the plan required in section 105(b) of this title, then

22 all property under the administrative jurisdiction of the

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

24 transferred to the Administrator of the General Services

25 Administration to be disposed of in accordance with the
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1 procedures outlined in the Defense Authorization Act of

2 1990 (104 Stat. 1809), and any real property so trans3 ferred shall be deleted from the boundary of the Golden

4 Gate National Recreation Area. In the event of such trans5 fer, the terms and conditions of all agreements and loans

6 regarding such lands and facilities entered into by the

7 Trust shall be binding on any successor in interest.

8 SEC. 105. LIMITATIONS ON FUNDING.

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

10 for the operation of areas within the Golden Gate National

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

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

13 the enactment of this title until the plan is submitted

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

15 until expended.

16 (2) After the plan required in subsection (b) is sub17 mitted, and for each of the 14 fiscal years thereafter, there

18 are authorized to be appropriated to the Trust not more

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

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

21 than $3,000,000 annually shall be available through the

22 Trust for law enforcement activities and services to be pro23 vided by the United States Park Police at the Presidio

24 in accordance with section 104(h) of this title.
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1 (b) Within 1 year after the first meeting of the Board

2 of Directors of the Trust, the Trust shall submit to Con3 gress a plan which includes a schedule of annual decreas4 ing federally appropriated funding that will achieve, at a

5 minimum, self-sufficiency for the Trust within 15 com6 plete fiscal years after such meeting of the Trust. No fur7 ther funds shall be authorized for the Trust 15 years after

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

9 (c) The Administrator of the General Services Ad10 ministration shall provide necessary assistance, including

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

12 submission of the annual budget request for the adminis13 tration, operation, and maintenance of the Presidio.

14 SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

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

16 of Directors of the Trust, the General Accounting Office

17 shall conduct an interim study of the activities of the

18 Trust and shall report the results of the study to the Com19 mittee on Energy and Natural Resources and the Commit20 tee on Appropriations of the United States Senate, and

21 the Committee on Resources and Committee on Appro22 priations of the House of Representatives. The study shall

23 include, but shall not be limited to, details of how the

24 Trust is meeting its obligations under this title.
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1 (b) In consultation with the Trust, the General Ac2 counting Office shall develop an interim schedule and plan

3 to reduce and replace the Federal appropriations to the

4 extent practicable for interpretive services conducted by

5 the National Park Service, and law enforcement activities

6 and services, fire and public safety programs conducted

7 by the Trust.

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

9 of Directors of the Trust, the General Accounting Office

10 shall conduct a comprehensive study of the activities of

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

12 obligations under this title, taking into consideration the

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

14 implementation of plan and schedule required in sub15 section (b). The General Accounting Office shall report the

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

17 and schedule, to the Committee on Energy and Natural

18 Resources and the Committee on Appropriations of the

19 United States Senate, and the Committee on Resources

20 and Committee on Appropriations of the House of Rep21 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 SW1 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 by 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

4 BOUNDARY 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
35

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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 terms ‘‘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 County, Idaho, as the official

10 townsite plat and basis for conveyance of title within

11 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. RELINQUISHMENT OF INTEREST.

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

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

25 in land that—
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1 (1) was subject to a right-of-way that was

2 granted to the predecessor of the Chicago and

3 Northwestern Transportation Company under the

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

5 of way through the public lands of the United

6 States’’, approved March 3, 1875 (42 U.S.C. 934 et

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

8 to the city of Douglas, Wyoming; and

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

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

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

12 of the city of Douglas, Wyoming;

13 as determined by the Secretary of the Interior in consulta14 tion with the appropriate officials of the city of Douglas,

15 Wyoming.

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

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

18 shall file for recordation in the real property records of

19 Converse County, Wyoming, a deed or other appropriate

20 form of instrument conveying to the city of Douglas, Wyo21 ming, all right, title, and interest in the land described

22 in subsection (a).

23 (c) CONVEYANCE OF CERTAIN PROPERTY TO THE

24 BIG HORN COUNTY SCHOOL DISTRICT NUMBER 1, WYO25 MING.—The Secretary of the Interior shall convey, by quit
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1 claim deed, to the Big Horn County School District Num2 ber 1, Wyoming, all right, title, and interest of the United

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

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

town of Frannie, Wyoming, in the S1⁄2NW1⁄4NW1 5 ⁄4 and

N1⁄2SW1⁄4NW1 6 ⁄4 of section 31 of T. 58N., R. 97 W., Big

7 Horn County.

8 SEC. 214. MODOC NATIONAL FOREST.

9 (a) IN GENERAL.—The boundary of the Modoc Na10 tional Forest is hereby modified to include and encompass

11 760 acres, more or less, on the following described lands:

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

N., R. 10 E., sec. 5, SE1⁄4NW1⁄4, E1⁄2SW1 13 ⁄4; sec. 8,

E1⁄2NE1⁄4, NE1⁄4NW1⁄4, NE1⁄4SE1⁄4, sec. 16, W1 14 ⁄2; sec.

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

N., R. 11 E., sec. 20, NW1⁄4SE1 16 ⁄4.

17 (b) RULE FOR LAND AND WATER CONSERVATION

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

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

20 9), the boundary of the Modoc National Forest, as modi21 fied by this title, shall be considered to the boundary of

22 the National Forest as of January 1, 1965.

23 SEC. 215. CONVEYANCE TO CITY OF SUMPTER, OREGON.

24 (a) CONVEYANCE REQUIRED.—The Secretary of Ag25 riculture shall convey, without consideration, to the city
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1 of Sumpter, Oregon (in this section referred to as the

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

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

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

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

6 recorded March 6, 1897, in Plat Book 3, page 26; includ7 ing the alley running through such block, vacated by Ordi8 nance No. 1966–3, recorded December 14, 1966, in Deed

9 66–50–014.

10 (b) ADDITIONAL DESCRIPTION OF PROPERTY.—The

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

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

13 in the following deeds:

14 (1) Warranty Deed from Sumpter Power &

15 Water Company to the United States of America

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

17 page 170 of Baker County records on December 22,

18 1949.

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

20 the United States of America dated October 11,

21 1949, and recorded in Vol. 152, page 168 of Baker

22 County records on December 22, 1949.

23 (3) Warranty Deed from Alice L. Windle

24 Charles and James M. Charles to the United States
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1 of America and dated August 8, 1962, and recorded

2 in Book 172, page 1331 on August 27, 1962.

3 (c) CONDITION OF CONVEYANCE.—The conveyance

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

5 the City use the conveyed property only for public pur6 poses, such as a city park, information center, or interpre7 tive area.

8 (d) RELEASE.—Upon making the conveyance re9 quired by subsection (a), the United States is relieved

10 from liability for any and all claims arising from the pres11 ence of materials on the conveyed property.

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

13 Agriculture determines that the real property conveyed

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

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

16 has initiated proceedings to sell, lease, exchange, or other17 wise dispose of all or a portion of the property, than, at

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

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

20 thereto revesting in the United States.

21 (f) AUTHORIZED SALE OF PROPERTY.—Notwith22 standing subsections (c) and (e), the Secretary of Agri23 culture may authorize the City to dispose of the real prop24 erty conveyed under subsection (a) if the proceeds from

25 such disposal are at least equal to the fair market value
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1 of the property and are paid to the United States. The

2 Secretary shall deposit amounts received under this sub3 section into the special fund in the Treasury into which

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

5 1967 (16 U.S.C. 484a), commonly known as the Sisk Act.

6 The disposal of the conveyed property under this sub7 section shall be subject to such terms and conditions as

8 the Secretary may prescribe.

9 (g) ADDITIONAL TERMS AND CONDITIONS.—The

10 Secretary of Agriculture may require such additional

11 terms and conditions in connection with the conveyance

12 under subsection (a) as the Secretary considers appro13 priate to protect the interests of the United States.

14 SEC. 216. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

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

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

17 Interior is authorized to acquire by donation, purchase

18 with donated or appropriated funds, or exchange not to

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

20 consist of those necessary lands for the establishment of

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

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

23 acquired pursuant to subsection (a) shall be added to and

24 administered as part of the Cumberland Gap National

25 Historical Park.
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1 SEC. 217. ALPINE SCHOOL DISTRICT.

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

3 Agriculture shall convey, without consideration, to the Al4 pine Elementary School District 7 of the State of Arizona

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

6 right, title and interest of the United States in and to a

7 parcel of real property, including any improvements there8 on, consisting of approximately 30 acres located in the

9 Apache National Forest, Apache County, Arizona, and

further delineated as follows: North 1⁄2 of Northeast 1 10 ⁄4

of Southeast 1 11 ⁄4 of section 14, Township 5 North, Range

30 East, Gila and Salt River meridian, and North 1 12 ⁄2 of

South 1⁄2 of Northeast 1⁄4 of Southeast 1 13 ⁄4 of such section.

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

15 property to be conveyed under paragraph (1) shall be de16 termined by a survey satisfactory to the Secretary. The

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

18 (b) CONDITION OF CONVEYANCE.—The conveyance

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

20 that the School District use the conveyed property for pub21 lic school facilities and related public school recreational

22 purposes.

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

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

25 If the Secretary determines that the conveyed property is

26 not being used in accordance with the condition in sub-
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1 section (b), the United States shall have the right to reen2 ter the conveyed property without consideration.

3 (d) ENCUMBRANCES.—The conveyance made under

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

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

6 Act.

7 (e) ADDITIONAL TERMS AND CONDITIONS.—The

8 Secretary may require such additional terms and condi9 tions in connection with the conveyance under subsection

10 (a) of the Secretary considers appropriate to protect the

11 interests of the United States.

12 SEC. 218. MERCED IRRIGATION DISTRICT LAND EXCHANGE.

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

14 may convey the Federal lands described in subsection

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

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

17 Act.

18 (b) APPLICABILITY OF OTHER PROVISIONS OF

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

20 be carried out in accordance with section 206 of the Fed21 eral Land Policy and Management Act of 1976 (43 U.S.C.

22 1716) and in accordance with other applicable laws.

23 (c) ACCEPTABILITY OF TITLE AND MANNER OF CON24 VEYANCE.—The Secretary of the Interior shall not carry

25 out an exchange described in subsection (a) unless the title
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1 to the non-Federal lands to be conveyed to the United

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

3 acceptable to the Secretary.

4 (d) LANDS TO BE EXCHANGED.—

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

6 Federal lands referred to in this section to be ex7 changed consist of approximately 179.4 acres in

8 Mariposa County, California as generally depicted on

9 the map entitled ‘‘Merced Irrigation District Ex10 change—Proposed, Federal Land’’, dated March 15,

11 1995, more particularly described as follows:

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

13 Meridian):

Sec. 35, SW1⁄4SE1 14 ⁄4, containing ap15 proximately 40 acres.

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

17 Meridian):

Sec. 14: E1⁄2SE1⁄4SE1 18 ⁄4, containing

19 approximately 20 acres.

Sec. 23: NE1⁄4SE1 20 ⁄4, containing ap21 proximately 40 acres.

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

23 Meridian):

24 Sec. 2: Lot 1, containing approxi25 mately 57.9 acres.
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1 Sec. 3: Lots 7 thru 15, containing ap2 proximately 21.5 acres.

3 (2) NON-FEDERAL LANDS TO BE EX4 CHANGED.—The non-Federal lands referred to in

5 this section to be exchanged consist of approximately

6 160 acres in Mariposa County, California as gen7 erally depicted on the map entitled ‘‘Merced Irriga8 tion District Exchange—Proposed, Non-Federal

9 Land’’, dated March 15, 1995, more particularly de10 scribed as T. 4 S., R17E MDM (Mount Diablo Meridian): sec. 2, SE1 11 ⁄4.

12 (3) MAPS.—The maps referred to in this sub13 section shall be on file and available for inspection

14 in the office of the Director of the Bureau of Land

15 Management.

16 (4) PARTIAL REVOCATION OF WITHDRAWALS.—

17 The Executive Order of December 31, 1912, creat18 ing Powersite Reserve No. 328, and the withdrawal

19 of Federal lands for Power Project No. 2179, filed

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

21 the Federal Power Act are hereby revoked insofar as

22 they affect the Federal lands described in paragraph

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

24 not be subject to section 24 of said Act.
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1 SEC. 219. FATHER AULL SITE TRANSFER.

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

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

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

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

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

7 land), consisting of approximately 43.06 acres, located ap8 proximately 10 miles east of Silver City, New Mexico, and

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

10 13, and Section 31: Lot 27 (as generally depicted on the

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

12 law to St. Vincent DePaul Parish in Silver City, New Mex13 ico, without consideration.

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

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

16 DePaul Parish, St. Vincent DePaul Parish shall assume

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

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

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

20 be on file and available for public inspection in—

21 (1) the State of New Mexico Office of the Bu22 reau of Land Management, Santa Fe, New Mexico;

23 and

24 (2) the Las Cruces District Office of the Bu25 reau of Land Management, Las Cruces, New Mex26 ico.
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1 SEC. 220. COASTAL BARRIER RESOURCES SYSTEM.

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

3 shall, before the end of the 30-day period beginning on

4 the date of the enactment of this Act, make such correc5 tions to the maps described in subsection (b) as are nec6 essary to ensure that depictions of areas on those maps

7 are consistent with the depictions of areas appearing on

8 the maps entitled ‘‘Amendments to Coastal Barrier Re9 sources System’’, dated November 1, 1995, and June 1,

10 1996, and on file with the Secretary.

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

12 subsection are maps that—

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

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

15 24, 1990; and

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

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

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

19 SEC. 221. CONVEYANCE TO DEL NORTE COUNTY UNIFIED

20 SCHOOL DISTRICT.

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

22 date of the enactment of this Act, the Secretary of Agri23 culture shall convey to the Del Norte County Unified

24 School District of Del Norte County, California, in accord25 ance with this section, all right, title, and interest of the
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1 United States in and to the property described in sub2 section (b).

3 (b) PROPERTY DESCRIPTION.—The property referred

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

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

6 California, which is further described as follows:

7 Beginning at Angle Point No. 3 of Tract 41 as

8 resurveyed by the Bureau of Land Management

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

10 1990, and shown on the official plat thereof;

11 thence on the line between Angle Points No. 3

12 and No. 4 of Tract 41, North 89 degrees, 24 min13 utes, 20 seconds East, a distance of 345.44 feet to

14 Angle Point No. 4 of Tract 41;

15 thence on the line between Angle Points No. 4

16 and No. 5 of Tract 41, South 00 degrees, 01 min17 utes, 20 seconds East, a distance of 517.15 feet;

18 thence West, a distance of 135.79 feet;

19 thence North 88 degrees, 23 minutes, 01 sec20 ond West, a distance of 61.00 feet;

21 thence North 39 degrees, 58 minutes, 18 sec22 onds West, a distance of 231.37 feet to the East line

23 of Section 21, Township 17 North, Range 2 East;
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1 thence along the East line of Section 21, North

2 00 degrees, 02 minutes, 20 seconds West, a distance

3 of 334.53 feet to the point of beginning.

4 (c) CONSIDERATION.—The conveyance provided for

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

6 required by this section.

7 (d) CONDITIONS OF CONVEYANCE.—The conveyance

8 provided for in subsection (a) shall be subject to the fol9 lowing conditions:

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

11 consideration, an easement for County Road No.

12 318 which crosses the Northeast corner of the prop13 erty conveyed.

14 (2) The Pacific Power and Light Company shall

15 be provided, for no consideration, an easement for

16 utility equipment as necessary to maintain the level

17 of service provided by the utility equipment on the

18 property as of the date of the conveyance.

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

20 consideration, an easement to provide access to the

21 United States property that is south of the property

22 conveyed.

23 (e) LIMITATIONS ON CONVEYANCE.—The conveyance

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

25 limitations:
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1 (1) ENCUMBRANCES.—Such conveyance shall

2 be subject to all encumbrances on the land existing

3 as of the date of enactment of this Act.

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

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

6 conveyance in subsection (b). If the Secretary deter7 mines that the conveyed property is not being used

8 for public educational or related recreational pur9 poses, the United States shall have a right to re10 enter the property conveyed therein without consid11 eration.

12 (f) ADDITIONAL TERMS AND CONDITIONS.—The con13 veyance provided for in subsection (a) shall be subject to

14 such additional terms and conditions as the Secretary of

15 Agriculture and the Del Norte County Unified School Dis16 trict agree are necessary to protect the interests of the

17 United States.

18 TITLE III—EXCHANGES

19 SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.

20 (a) CONVEYANCE.—Notwithstanding the require21 ments in the Act entitled ‘‘An Act to Consolidate National

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

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

24 Management Act of 1976 (43 U.S.C. 1716(b)) that Fed25 eral and non-Federal lands exchanged for each other must
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1 be located within the same State, the Secretary of Agri2 culture may convey the Federal lands described in sub3 section (d) in exchange for the non-Federal lands de4 scribed in subsection (e) in accordance with the provisions

5 of this section.

6 (b) APPLICABILITY OF OTHER PROVISIONS OF

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

8 land exchange authorized by this section shall be made

9 under the existing authorities of the Secretary.

10 (c) ACCEPTABILITY OF TITLE AND MANNER OF CON11 VEYANCE.—The Secretary shall not carry out the ex12 change described in subsection (a) unless the title to the

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

14 and the form and procedures of conveyance, are acceptable

15 to the Secretary.

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

17 in this section are located in the Targhee National Forest

18 in Idaho, are generally depicted on the map entitled

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

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

21 North Fork Tract.

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

23 referred to in this section are located in the Targhee Na24 tional Forest in Wyoming, are generally depicted on the

25 map entitled ‘‘Non-Federal land, Targhee Exchange,
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1 Idaho-Wyoming—Proposed’’, dated September 1994, and

2 are known as the Squirrel Meadows Tract.

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

4 and (e) shall be on file and available for inspection in the

5 office of the Targhee National Forest in Idaho and in the

6 office of the Chief of the Forest Service.

7 (g) EQUALIZATION OF VALUES.—Prior to the ex8 change authorized by this section, the values of the Fed9 eral and non-Federal lands to be so exchanged shall be

10 established by appraisals of fair market value that shall

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

12 shall be equal or shall be equalized using the following

13 methods:

14 (1) ADJUSTMENT OF LANDS.—

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

16 Federal lands are greater in value than the

17 non-Federal lands, the Secretary shall reduce

18 the acreage of the Federal lands until the val19 ues of the Federal lands closely approximate

20 the values of the non-Federal lands.

21 (B) ADDITIONAL FEDERALLY OWNED

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

23 in value than the Federal lands, the Secretary

24 may convey additional federally owned lands

25 within the Targhee National Forest up to an
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1 amount necessary to equalize the values of the

2 non-Federal lands and the lands to be trans3 ferred out of Federal ownership. However, such

4 additional federally owned lands shall be limited

5 to those meeting the criteria for land exchanges

6 specified in the Targhee National Forest Land

7 and Resource Management Plan.

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

9 equalized by the payment of money as provided in

10 section 206(b) of the Federal Land Policy and Man11 agement Act of 1976 (43 U.S.C. 1716 (b)).

12 (h) DEFINITIONS.—For purposes of this section:

13 (1) The term ‘‘Federal lands’’ means the Fed14 eral lands described in subsection (d).

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

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

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

18 of Agriculture.

19 SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.

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

21 findings:

22 (1) The Alaska National Interest Lands Con23 servation Act (94 Stat. 2371), enacted on December

24 2, 1980, established Gates of the Arctic National

25 Park and Preserve and Gates of the Arctic Wilder-
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1 ness. The Village of Anaktuvuk Pass, located in the

2 highlands of the central Brooks Range is virtually

3 surrounded by these national park and wilderness

4 lands and is the only Native village located within

5 the boundary of a National Park System unit in

6 Alaska.

7 (2) Unlike most other Alaskan Native commu8 nities, the village of Anaktuvuk Pass is not located

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

10 as a means of access. The residents of Anaktuvuk

11 pass have relied increasingly on snow machines in

12 winter and all-terrain vehicles in summer as their

13 primary means of access to pursue caribou and

14 other subsistence resources.

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

16 easements were reserved by the Inupiat Eskimo peo17 ple for use of all-terrain vehicles across certain na18 tional park lands, mostly along stream and river

19 banks. These linear easements proved unsatisfactory,

20 because they provided inadequate access to subsist21 ence resources while causing excessive environmental

22 impact from concentrated use.

23 (4) The National Park Service and the

24 Nunamiut Corporation initiated discussions in 1985

25 to address concerns over the use of all-terrain vehi-
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1 cles on park and wilderness land. These discussions

2 resulted in an agreement, originally executed in

3 1992 and thereafter amended in 1993 and 1994,

4 among the National Park Service, Nunamiut Cor5 poration, the City of Anaktuvuk Pass, and Arctic

6 Slope Regional Corporation. Full effectuation of this

7 agreement, as amended, by its terms requires ratifi8 cation by the Congress.

9 (b) RATIFICATION OF AGREEMENT.—

10 (1) RATIFICATION.—

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

12 procedures, covenants, reservations, and other

13 provisions set forth in the document entitled

14 ‘‘Donation, Exchange of Lands and Interests in

15 Lands and Wilderness Redesignation Agree16 ment Among Arctic Slope Regional Corpora17 tion, Nunamiut Corporation, City of Anaktuvuk

18 Pass and the United States of America’’ (here19 inafter referred to in this section as ‘‘the Agree20 ment’’), executed by the parties on December

21 17, 1992, as amended, are hereby incorporated

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

23 forth the obligations and commitments of the

24 United States, Arctic Slope Regional Corpora-
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1 tion, Nunamiut Corporation and the City of

2 Anaktuvuk Pass, as a matter of Federal law.

3 (B) LAND ACQUISITION.—Lands acquired

4 by the United States pursuant to the Agree5 ment shall be administered by the Secretary of

6 the Interior (hereinafter referred to as the

7 ‘‘Secretary’’) as part of Gates of the Arctic Na8 tional Park and Preserve, subject to the laws

9 and regulations applicable thereto.

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

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

12 lands subject to the conveyances, retention of sur13 face access rights, access easements and all-terrain

14 vehicle easements. These lands are depicted in great15 er detail on a map entitled ‘‘Land Exchange Actions,

16 Proposed Anaktuvuk Pass Land Exchange and Wil17 derness Redesignation, Gates of the Arctic National

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

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

20 of the National Park Service and the offices of

21 Gates of the Arctic National Park and Preserve in

22 Fairbanks, Alaska. Written legal descriptions of

23 these lands shall be prepared and made available in

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

25 No. 185/80,039 shall be controlling.
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1 (c) NATIONAL PARK SYSTEM WILDERNESS.—

2 (1) GATES OF THE ARCTIC WILDERNESS.—

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

4 the Alaska National Interest Lands Conserva5 tion Act (94 Stat. 2371, 2417) establishing the

6 Gates of the Arctic Wilderness is hereby

7 amended with the addition of approximately

8 56,825 acres of wilderness and the rescission of

9 approximately 73,993 acres as wilderness, thus

10 revising the Gates of the Arctic Wilderness to

11 approximately 7,034,832 acres.

12 (B) MAP.—The lands redesignated by sub13 paragraph (A) are depicted on a map entitled

14 ‘‘Wilderness Actions, Proposed Anaktuvuk Pass

15 Land Exchange and Wilderness Redesignation,

16 Gates of the Arctic National Park and Pre17 serve’’, Map No. 185/80,040, dated April 1994,

18 and on file at the Alaska Regional Office of the

19 National Park Service and the office of Gates

20 of the Arctic National Park and Preserve in

21 Fairbanks, Alaska.

22 (2) NOATAK NATIONAL PRESERVE.—Section

23 201(8)(a) of the Alaska National Interest Land

24 Conservation Act (94 Stat. 2380) is amended by—
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1 (A) striking ‘‘approximately six million

2 four hundred and sixty thousand acres’’ and in3 serting in lieu thereof ‘‘approximately

4 6,477,168 acres’’; and

5 (B) inserting ‘‘and the map entitled

6 ‘Noatak National Preserve and Noatak Wilder7 ness Addition’ dated September 1994’’ after

8 ‘‘July 1980’’.

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

10 the Alaska National Interest Lands Conservation

11 Act (94 Stat. 2417) is amended by striking ‘‘ap12 proximately five million eight hundred thousand

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

14 5,817,168 acres’’.

15 (d) CONFORMANCE WITH OTHER LAW.—

16 (1) ALASKA NATIVE CLAIMS SETTLEMENT

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

18 to and received by Arctic Slope Regional Corporation

19 or Nunamiut Corporation pursuant to the Agree20 ment shall be deemed conveyed and received pursu21 ant to exchanges under section 22(f) of the Alaska

22 Native Claims Settlement Act, as amended (43

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

24 in lands conveyed pursuant to the Agreement shall

25 be conveyed subject to valid existing rights.
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1 (2) ALASKA NATIONAL INTEREST LANDS CON2 SERVATION ACT.—Except to the extent specifically

3 set forth in this section or the Agreement, nothing

4 in this section or in the Agreement shall be con5 strued to enlarge or diminish the rights, privileges,

6 or obligations of any person, including specifically

7 the preference for subsistence uses and access to

8 subsistence resources provided under the Alaska Na9 tional Interest Lands Conservation Act (16 U.S.C.

10 3101 et seq.).

11 SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDA12 TION.

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

14 (1) AGENCY.—The term agency—

15 (A) means any instrumentality of the Unit16 ed States, and any Government corporation (as

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

18 States Code); and

19 (B) includes any element of an agency.

20 (2) ALASKA NATIVE CORPORATION.—The Term

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

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

23 3(m) of the Alaska Native Claims Settlement Act

24 (43 U.S.C. 1602(m)).
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1 (3) FEDERAL LANDS OR INTEREST THEREIN.—

2 The term ‘‘Federal lands or interests therein’’

3 means any lands or properties owned by the United

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

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

6 or (C) which have been made available to the Sec7 retary for exchange under this section through the

8 concurrence of the director of the agency administer9 ing such lands or properties: Provided however, That

10 excluded from such lands shall be those lands which

11 are within an existing conservation system unit as

12 defined in section 102(4) of the Alaska National In13 terest Lands Conservation Act (16 U.S.C. 3102(4)),

14 and those lands the mineral interest for which are

15 currently under mineral lease.

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

17 Koniag, Incorporated, which is a regional Corpora18 tion.

19 (5) REGIONAL CORPORATION.—The term ‘‘Re20 gional Corporation’’ has the same meaning as is pro21 vided in section 3(g) of the Alaska Native Claims

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

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

24 the term ‘‘Secretary’’ means the Secretary of the In25 terior.
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1 (7) SELECTION RIGHTS.—The term ‘‘selection

2 rights’’ means those rights granted to Koniag, and

3 confirmed as valid selections (within Koniag’s enti4 tlement) pursuant to subsections (a) and (b) of sec5 tion 12, and section 14(h)(8), of the Alaska Native

6 Claims Settlement Act (43 U.S.C. 1611 and

7 1613(h)(8)), to receive title to the oil and gas rights

8 and other interests in the subsurface estate of the

9 approximately 275,000 acres of public lands in the

10 State of Alaska identified as ‘‘Koniag Selections’’ on

11 the map entitled ‘‘Koniag Interest Lands, Alaska

12 Peninsula’’, dated May 1989.

13 (b) VALUATION OF KONIAG SELECTION RIGHTS.—

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

15 of this subsection, the Secretary shall value the Se16 lection Rights which Koniag possesses within the

17 boundaries of Aniakchak National Monument and

18 Preserve, Alaska Peninsula National Wildlife Ref19 uge, and Becharof National Wildlife Refuge.

20 (2) VALUE.—

21 (A) IN GENERAL.—The value of the selec22 tion rights shall be equal to the fair market

23 value of—
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1 (i) the oil and gas interests in the

2 lands or interests in lands that are the

3 subject of the selection rights; and

4 (ii) in the case of the lands or inter5 ests in lands for which Koniag is to receive

6 the entire subsurface estate, the subsurface

7 estate of the lands or interests in lands

8 that are the subject of the selection rights.

9 (B) APPRAISAL.—

10 (i) SELECTION OF APPRAISER.—

11 (I) IN GENERAL.—Not later than

12 90 days after the date of enactment of

13 this section the Secretary and Koniag

14 shall meet to select a qualified ap15 praiser to conduct an appraisal of the

16 selection rights. Subject to subclause

17 (II), the appraiser shall be selected by

18 the mutual agreement of the Sec19 retary and Koniag.

20 (II) FAILURE TO AGREE.—If the

21 Secretary and Koniag fail to agree on

22 an appraiser by the date that is 60

23 days after the date of the initial meet24 ing referred to in subclause (I), the

25 Secretary and Koniag shall, by the
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1 date that is not later than 90 days

2 after the date of the initial meeting,

3 each designate an appraiser who is

4 qualified to perform the appraisal.

5 The 2 appraisers so identified shall

6 select a third qualified appraiser who

7 shall perform the appraisal.

8 (ii) STANDARDS AND METHODOL9 OGY.—The appraisal shall be conducted in

10 conformity with the standards of the Ap11 praisal Foundation (as defined in section

12 1121(9) of the Financial Institutions Re13 form, Recovery, and Enforcement Act of

14 1989 (12 U.S.C. 3350(9)).

15 (iii) SUBMISSION OF APPRAISAL RE16 PORT.—Not later than 180 days after the

17 selection of an appraiser pursuant to

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

19 Secretary and to Koniag a written ap20 praisal report specifying the value of the

21 selection rights and the methodology used

22 to arrive at the value.

23 (C) DETERMINATION OF VALUE.—

24 (i) DETERMINATION BY THE SEC25 RETARY.—Not later than 60 days after the
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1 date of the receipt of the appraisal report

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

3 shall determine the value of the selection

4 rights and shall notify Koniag of the deter5 mination.

6 (ii) ALTERNATIVE DETERMINATION

7 OF VALUE.—

8 (I) IN GENERAL.—Subject to

9 subclause (II), if Koniag does not

10 agree with the value determined by

11 the Secretary under clause (i), the

12 procedures specified in section 206(d)

13 of the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C.

15 1716(d)) shall be used to establish the

16 value.

17 (II) AVERAGE VALUE LIMITA18 TION.—The average value per acre of

19 the selection rights shall not be less

20 than the value utilizing the risk ad21 justed discount cash flow methodol22 ogy, but in no event may exceed $300.

23 (c) KONIAG ACCOUNT.—

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

25 enter into negotiations for an agreement or agree-
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1 ments to exchange Federal lands or interests therein

2 which are in the State of Alaska for the Selection

3 Rights.

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

5 exchanged is less than the value of the Selection

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

7 Federal property to be exchanged is not generating

8 receipts to the Federal Government in excess of

9 $1,000,000 per year, then the Secretary may ex10 change the Federal property for that portion of the

11 Selection Rights having a value equal to that of the

12 Federal property. The remaining selection rights

13 shall remain available for additional exchanges.

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

15 consummated under this section, if less than all the

16 selection rights are being exchanged, then the value

17 of the selection rights being exchanged shall be equal

18 to the number of acres of selection rights being ex19 changed multiplied by a fraction, the numerator of

20 which is the value of all the selection rights as deter21 mined pursuant to subsection (b) hereof and the de22 nominator of which is the total number of acres of

23 selection rights.

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

25 years from the date of the enactment of this section,
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1 the Secretary was unable to conclude such exchanges

2 as may be required to acquire all of the selection

3 rights, he shall conclude exchanges for the remaining

4 selection rights for such Federal property as may be

5 identified by Koniag, which property is available for

6 transfer to the administrative jurisdiction of the Sec7 retary under any provision of law and which prop8 erty, at the time of the proposed transfer to Koniag

9 is not generating receipts of the Federal Government

10 in excess of $1,000,000 per year. The Secretary

11 shall keep Koniag advised in a timely manner as to

12 which properties may be available for such transfer.

13 Upon receipt of such identification by Koniag, the

14 Secretary shall request in a timely manner the

15 transfer of such identified property to the adminis16 trative jurisdiction of the Department of the Inte17 rior. Such property shall not be subject to the geo18 graphic limitations of section 206(b) of the Federal

19 Land Policy and Management Act and may be re20 tained by the Secretary solely for purposes of trans21 ferring it to Koniag to complete the exchange.

22 Should the value of the property so identified by

23 Koniag be in excess of the value of the remaining se24 lection rights, then Koniag shall have the option of

25 (A) declining to proceed with the exchange and iden-
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1 tifying other property, or (B) paying the difference

2 in value between the property rights.

3 (3) REVENUES.—Any property received by

4 Koniag in an exchange entered into pursuant to

5 paragraph (1) or (2) shall be deemed to be an inter6 est in the subsurface for purposes of section 7(i) of

7 the Alaska Native Claims Settlement Act (43 U.S.C.

8 1601 et seq.): Provided however, That should Koniag

9 make a payment to equalize the value in any such

10 exchange, then Koniag will be deemed to hold an un11 divided interest in the property equal in value to

12 such payment which interest shall not be subject to

13 the provisions of section 7(i) of that Act.

14 (d) AUTHORITY TO APPOINT AND REMOVE TRUST15 EE.—In establishing a Settlement Trust under section 39

16 of the Alaska Native Claims Settlement Act (43 U.S.C.

17 1629c), Koniag may delegate, in whole or in part, the au18 thority granted to Koniag under subsection (b)(2) of such

19 section to any entity that Koniag may select without af20 fecting the status of the trust as a Settlement Trust under

21 such section.

22 SEC. 304. SNOWBASIN LAND EXCHANGE ACT.

23 (a) PURPOSE AND INTENT.—The purpose of this sec24 tion is to authorize and direct the Secretary to exchange

25 1,320 acres of federally-owned land within the Cache Na-
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1 tional Forest in the State of Utah for lands approximately

2 equal value owned by the Sun Valley Company. It is the

3 intent of Congress that this exchange be completed with4 out delay within the period specified by subsection (d).

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

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

7 Sun Valley Company, a division of Sinclair Oil Cor8 poration, a Wyoming Corporation, or its successors

9 or assigns.

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

11 of Agriculture.

12 (c) EXCHANGE.—

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

14 than 45 days after the final determination of value

15 of the Federal selected lands, the Secretary shall,

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

17 interest of the United States in and to the lands re18 ferred to in subparagraph (B) to the Sun Valley

19 Company.

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

21 are certain lands within the Cache National Forest

22 in the State of Utah comprising 1,320 acres, more

23 or less, as generally depicted on the map entitled

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

25 October 1995.
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1 (2) NON-FEDERAL OFFERED LANDS.—Upon

2 transfer of the Federal selected lands under para3 graph (1), and in exchange for those lands, the Sun

4 Valley Company shall simultaneously convey to the

5 Secretary all right, title and interest of the Sun Val6 ley Company in and to so much of the following of7 fered lands which have been previously identified by

8 the United States Forest Service as desirable by the

9 United States, or which are identified pursuant to

10 subparagraph (E) prior to the transfer of lands

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

12 value to the Federal selected lands:

13 (A) Certain lands located within the exte14 rior boundaries of the Cache National Forest in

15 Weber County, Utah, which comprise approxi16 mately 640 acres and are generally depicted on

17 a map entitled ‘‘Lightning Ridge Offered

18 Lands’’, dated October 1995.

19 (B) Certain lands located within the Cache

20 National Forest in Weber County, Utah, which

21 comprise approximately 635 acres and are gen22 erally depicted on a map entitled ‘‘Wheeler

23 Creek Watershed Offered Lands—Section 2’’

24 dated October 1995.
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1 (C) Certain lands located within the exte2 rior boundaries of the Cache National Forest in

3 Weber County, Utah, and lying immediately ad4 jacent to the outskirts of the City of Ogden,

5 Utah, which comprise approximately 800 acres

6 and are generally depicted on a map entitled

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

8 1995.

9 (D) Certain lands located within the exte10 rior boundaries of the Cache National Forest in

11 Weber County, Utah, which comprise approxi12 mately 2,040 acres and are generally depicted

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

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

15 (E) Such additional offered lands in the

16 State of Utah as may be necessary to make the

17 values of the lands exchanged pursuant to this

18 section approximately equal, and which are ac19 ceptable to the Secretary.

20 (3) SUBSTITUTION OF OFFERED LANDS.—If

21 one or more of the precise offered land parcels iden22 tified in subparagraphs (A) through (D) of para23 graph (2) is unable to be conveyed to the United

24 States due to appraisal or other reasons, or if the

25 Secretary and the Sun Valley Company mutually
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1 agree and the Secretary determines that an alter2 native offered land package would better serve long3 term public needs and objectives, the Sun Valley

4 Company may simultaneously convey to the United

5 States alternative offered lands in the State of Utah

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

7 the lands identified in subparagraphs (A) through

8 (D) of paragraph (2).

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

10 of the lands to be exchanged pursuant to this section

11 shall be equal as determined by the Secretary utiliz12 ing nationally recognized appraisal standards and in

13 accordance with section 206 of the Federal Land

14 Policy and Management Act of 1976. The appraisal

15 reports shall be written to Federal standards as de16 fined in the Uniform Appraisal Standards for Fed17 eral Land Acquisitions. If, due to size, location, or

18 use of lands exchanged under this section, the values

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

20 payment of cash equalization money to the Secretary

21 or the Sun Valley Company as appropriate in ac22 cordance with section 206(b) of the Federal Land

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

24 1716(b)). In order to expedite the consummation of

25 the exchange directed by this section, the Sun Valley
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1 Company shall arrange and pay for appraisals of the

2 offered and selected lands by a qualified appraiser

3 with experience in appraising similar properties and

4 who is mutually acceptable to the Sun Valley Com5 pany and the Secretary. The appraisal of the Fed6 eral selected lands shall be completed and submitted

7 to the Secretary for technical review and approval no

8 later than 120 days after the date of enactment of

9 this Act, and the Secretary shall make a determina10 tion of value not later than 30 days after receipt of

11 the appraisal. In the event the Secretary and the

12 Sun Valley Company are unable to agree to the ap13 praised value of a certain tract or tracts of land, the

14 appraisal, appraisals, or appraisal issues in dispute

15 and a final determination of value shall be resolved

16 through a process of bargaining or submission to ar17 bitration in accordance with section 206(d) of the

18 Federal Land Policy and Management Act of 1976

19 (43 U.S.C. 1716(d)).

20 (B) In order to expedite the appraisal of the

21 Federal selected lands, such appraisal shall—

22 (i) value the land in its unimproved state,

23 as a single entity for its highest and best use

24 as if in private ownership and as of the date of

25 enactment of this Act;
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1 (ii) consider the Federal lands as an inde2 pendent property as though in the private mar3 ketplace and suitable for development to its

4 highest and best use;

5 (iii) consider in the appraisal any encum6 brance on the title anticipated to be in the con7 veyance to Sun Valley Company and reflect its

8 effect on the fair market value of the property;

9 and

10 (iv) not reflect any enhancement in value

11 to the Federal selected lands based on the exist12 ence of private lands owned by the Sun Valley

13 Company in the vicinity of the Snowbasin Ski

14 Resort, and shall assume that private lands

15 owned by the Sun Valley Company are not

16 available for use in conjunction with the Fed17 eral selected lands.

18 (d) GENERAL PROVISIONS RELATING TO THE EX19 CHANGE.—

20 (1) IN GENERAL.—The exchange authorized by

21 this section shall be subject to the following terms

22 and conditions:

23 (A) RESERVED RIGHTS-OF-WAY.—In any

24 deed issued pursuant to subsection (c)(1), the

25 Secretary shall reserve in the United States a
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1 right of reasonable access across the conveyed

2 property for public access and for administra3 tive purposes of the United States necessary to

4 manage adjacent federally-owned lands. The

5 terms of such reservation shall be prescribed by

6 the Secretary within 30 days after the date of

7 the enactment of this Act.

8 (B) RIGHT OF RESCISSION.—This section

9 shall not be binding on either the United States

10 or the Sun Valley Company if, within 30 days

11 after the final determination of value of the

12 Federal selected lands, the Sun Valley Company

13 submits to the Secretary a duly authorized and

14 executed resolution of the Company stating its

15 intention not to enter into the exchange author16 ized by this section.

17 (2) WITHDRAWAL.—Subject to valid existing

18 rights, effective on the date of enactment of this Act,

19 the Federal selected lands described in subsection

20 (c)(1) and all National Forest System lands cur21 rently under special use permit to the Sun Valley

22 Company at the Snowbasin Ski Resort are hereby

23 withdrawn from all forms of appropriation under the

24 public land laws (including the mining laws) and
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1 from disposition under all laws pertaining to mineral

2 and geothermal leasing.

3 (3) DEED.—The conveyance of the offered

4 lands to the United States under this section shall

5 be by general warranty or other deed acceptable to

6 the Secretary and in conformity with applicable title

7 standards of the Attorney General of the United

8 States.

9 (4) STATUS OF LANDS.—Upon acceptance of

10 title by the Secretary, the land conveyed to the Unit11 ed States pursuant to this section shall become part

12 of the Wasatch or Cache National Forests as appro13 priate, and the boundaries of such National Forests

14 shall be adjusted to encompass such lands. Once

15 conveyed, such lands shall be managed in accordance

16 with the Act of March 1, 1911, as amended (com17 monly known as the ‘‘Weeks Act’’), and in accord18 ance with the other laws, rules and regulations ap19 plicable to National Forest System lands. This para20 graph does not limit the Secretary’s authority to ad21 just the boundaries pursuant to section 11 of the

22 Act of March 1, 1911 (‘‘Weeks Act’’). For the pur23 poses of section 7 of the Land and Water Conserva24 tion Fund Act of 1965 (16 U.S.C. 460l–9), the

25 boundaries of the Wasatch and Cache National For-
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1 ests, as adjusted by this section, shall be considered

2 to be boundaries of the forests as of January 1,

3 1965.

4 (e) PHASE FACILITY CONSTRUCTION AND OPER5 ATION.—

6 (1) PHASE I FACILITY FINDING AND REVIEW.—

7 (A) The Congress has reviewed the Snowbasin Ski

8 Area Master Development Plan dated October 1995

9 (hereafter in this subsection referred to as the

10 ‘‘Master Plan’’). On the basis of such review, and re11 view of previously completed environmental and

12 other resource studies for the Snowbasin Ski Area,

13 Congress hereby finds that the ‘‘Phase I’’ facilities

14 referred to in the Master Plan to be located on Na15 tional Forest System land after consummation of the

16 land exchange directed by this section are limited in

17 size and scope, are reasonable and necessary to ac18 commodate the 2002 Olympics, and in some cases

19 are required to provide for the safety of skiing com20 petitors and spectators.

21 (B) Within 60 days after the date of enactment

22 of this Act, the Secretary and the Sun Valley Com23 pany shall review the Master Plan insofar as such

24 plan pertains to Phase I facilities which are to be

25 constructed and operated wholly or partially on Na-
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1 tional Forest System lands retained by the Secretary

2 after consummation of the land exchange directed by

3 this section. The Secretary may modify such Phase

4 I facilities upon mutual agreement with the Sun Val5 ley Company or by imposing conditions pursuant to

6 paragraph (2) of this subsection.

7 (C) Within 90 days after the date of enactment

8 of this Act, the Secretary shall submit the reviewed

9 Master Plan on the Phase I facilities, including any

10 modifications made thereto pursuant to subpara11 graph (B), to the Committee on Energy and Natural

12 Resources of the United States Senate and the Com13 mittee on Resources of the United States House of

14 Representatives for a 30-day review period. At the

15 end of the 30-day period, unless otherwise directed

16 by Act of Congress, the Secretary may issue all nec17 essary authorizations for construction and operation

18 of such facilities or modifications thereof in accord19 ance with the procedures and provisions of para20 graph (2) of this subsection.

21 (2) PHASE I FACILITY APPROVAL, CONDITIONS,

22 AND TIMETABLE.—Within 120 days of receipt of an

23 application by the Sun Valley Company to authorize

24 construction and operation of any particular Phase

25 I facility, facilities, or group of facilities, the Sec-
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1 retary, in consultation with the Sun Valley Com2 pany, shall authorize construction and operation of

3 such facility, facilities, or group of facilities, subject

4 to the general policies of the Forest Service pertain5 ing to the construction and operation of ski area fa6 cilities on National Forest System lands and subject

7 to reasonable conditions to protect National Forest

8 System resources. In providing authorization to con9 struct and operate a facility, facilities, or group of

10 facilities, the Secretary may not impose any condi11 tion that would significantly change the location,

12 size, or scope of the applied for Phase I facility un13 less—

14 (A) the modification is mutually agreed to

15 by the Secretary and the Sun Valley Company;

16 or

17 (B) the modification is necessary to protect

18 health and safety.

19 Nothing in this subsection shall be construed to af20 fect the Secretary’s responsibility to monitor and as21 sure compliance with the conditions set forth in the

22 construction and operation authorization.

23 (3) CONGRESSIONAL DIRECTIONS.—Notwith24 standing any other provision of law, Congress finds

25 that consummation of the land exchange directed by
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1 this section and all determinations, authorizations,

2 and actions taken by the Secretary pursuant to this

3 section pertaining to Phase I facilities on National

4 Forest System lands, or any modifications thereof,

5 to be nondiscretionary actions authorized and di6 rected by Congress and hence to comply with all pro7 cedural and other requirements of the laws of the

8 United States. Such determinations, authorizations,

9 and actions shall not be subject to administrative or

10 judicial review.

11 (f) NO PRECEDENT.—Nothing in subsection

12 (c)(4)(B) of this section relating to conditions or limita13 tions on the appraisal of the Federal lands, or any provi14 sion of subsection (e), relating to the approval by the Con15 gress or the Forest Service of facilities on National Forest

16 System lands, shall be construed as a precedent for subse17 quent legislation.

18 SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.

19 (a) FINDINGS.—Congress finds that:

20 (1) The Weyerhaeuser Company has offered to

21 the United States Government an exchange of lands

22 under which Weyerhaeuser would receive approxi23 mately 48,000 acres of Federal land in Arkansas

24 and Oklahoma and all mineral interests and oil and

25 gas interests pertaining to these exchanged lands in
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1 which the United States Government has an interest

2 in return for conveying to the United States lands

3 owned by Weyerhaeuser consisting of approximately

4 181,000 acres of forested wetlands and other forest

5 land of public interest in Arkansas and Oklahoma

6 and all mineral interests and all oil and gas interests

7 pertaining to 48,000 acres of these 181,000 acres of

8 exchanged lands in which Weyerhaeuser has an in9 terest, consisting of—

10 (A) certain lands in Arkansas (Arkansas

11 Ouachita lands) located near Poteau Mountain,

12 Caney Creek Wilderness, Lake Ouachita, Little

13 Missouri Wild and Scenic River, Flatside Wil14 derness and the Ouachita National Forest;

15 (B) certain lands in Oklahoma (Oklahoma

16 lands) located near the McCurtain County Wil17 derness, the Broken Bow Reservoir, the Glover

18 River, and the Ouachita National Forest; and

19 (C) certain lands in Arkansas (Arkansas

20 Cossatot lands) located on the Little and

21 Cossatot Rivers and identified as the ‘‘Pond

22 Creek Bottoms’’ in the Lower Mississippi River

23 Delta section of the North American Waterfowl

24 Management Plan;
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1 (2) acquisition of the Arkansas Cossatot lands

2 by the United States will remove the lands in the

3 heart of a critical wetland ecosystem from sustained

4 timber production and other development;

5 (3) the acquisition of the Arkansas Ouachita

6 lands and the Oklahoma lands by the United States

7 for administration by the Forest Service will provide

8 an opportunity for enhancement of ecosystem man9 agement of the National Forest System lands and

10 resources;

11 (4) the Arkansas Ouachita lands and the Okla12 homa lands have outstanding wildlife habitat and

13 important recreational values and should continue to

14 be made available for activities such as public hunt15 ing, fishing, trapping, nature observation, enjoy16 ment, education, and timber management whenever

17 these activities are consistent with applicable Fed18 eral laws and land and resource management plans;

19 these lands, especially in the riparian zones, also

20 harbor endangered, threatened and sensitive plants

21 and animals and the conservation and restoration of

22 these areas are important to the recreational and

23 educational public uses and will represent a valuable

24 ecological resource which should be conserved;
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1 (5) the private use of the lands the United

2 States will convey to Weyerhaeuser will not conflict

3 with established management objectives on adjacent

4 Federal lands;

5 (6) the lands the United States will convey to

6 Weyerhaeuser as part of the exchange described in

7 paragraph (1) do not contain comparable fish, wild8 life, or wetland values;

9 (7) the values of all lands, mineral interests,

10 and oil and gas interests to be exchanged between

11 the United States and Weyerhaeuser are approxi12 mately equal in value; and

13 (8) the exchange of lands, mineral interests,

14 and oil and gas interests between Weyerhaeuser and

15 the United States is in the public interest.

16 (b) PURPOSE.—The purpose of this section is to au17 thorize and direct the Secretary of the Interior and the

18 Secretary of Agriculture, subject to the terms of this title,

19 to complete, as expeditiously as possible, an exchange of

20 lands, mineral interests, and oil and gas interests with

21 Weyerhaeuser that will provide environmental, land man22 agement, recreational, and economic benefits to the States

23 of Arkansas and Oklahoma and to the United States.

24 (c) DEFINITIONS.—As used in this section:
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1 (1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean

2 the surface estate and any other interests therein ex3 cept for mineral interests and oil and gas interests.

4 (2) MINERAL INTERESTS.—The term ‘‘mineral

5 interests’’ means geothermal steam and heat and all

6 metals, ores, and minerals of any nature whatsoever,

7 except oil and gas interests, in or upon lands subject

8 to this title including, but not limited to, coal, lig9 nite, peat, rock, sand, gravel, and quartz.

10 (3) OIL AND GAS INTERESTS.—The term ‘‘oil

11 and gas interests’’ means all oil and gas of any na12 ture, including carbon dioxide, helium, and gas

13 taken from coal seams (collectively ‘‘oil and gas’’).

14 (4) SECRETARIES.—The term ‘‘Secretaries’’

15 means the Secretary of the Interior and the Sec16 retary of Agriculture.

17 (5) WEYERHAEUSER.—The term

18 ‘‘Weyerhaeuser’’ means Weyerhaeuser Company, a

19 company incorporated in the State of Washington.

20 (d) EXCHANGE OF LANDS AND MINERAL INTER21 EST.—

22 (1) IN GENERAL.—Subject to paragraph (2)

23 and notwithstanding any other provision of law,

24 within 90 days after the date of the enactment of

25 this Act, the Secretary of Agriculture shall convey to
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1 Weyerhaeuser, subject to any valid existing rights,

2 approximately 20,000 acres of Federal lands and

3 mineral interests in the State of Arkansas and ap4 proximately 28,000 acres of Federal lands and min5 eral interests in the State of Oklahoma as depicted

6 on maps entitled ‘‘Arkansas-Oklahoma Land Ex7 change—Federal Arkansas and Oklahoma Lands,’’

8 dated February 1996 and available for public inspec9 tion in appropriate offices of the Secretaries.

10 (2) OFFER AND ACCEPTANCE OF LANDS.—The

11 Secretary of Agriculture shall make the conveyance

12 to Weyerhaeuser if Weyerhaeuser conveys deeds of

13 title to the United States, subject to limitations and

14 the reservation described in subsection (e) and which

15 are acceptable to and approved by the Secretary of

16 Agriculture to the following—

17 (A) approximately 115,000 acres of lands

18 and mineral interests in the State of Oklahoma,

19 as depicted on a map entitled ‘‘Arkansas-Okla20 homa Land Exchange—Weyerhaeuser Okla21 homa Lands,’’ dated February 1996 and avail22 able for public inspection in appropriate offices

23 of the Secretaries;

24 (B) approximately 41,000 acres of lands

25 and mineral interests in the State of Arkansas,
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1 as depicted on a map entitled ‘‘Arkansas-Okla2 homa Land Exchange—Weyerhaeuser Arkansas

3 Ouachita Lands,’’ dated February 1996 and

4 available for public inspection in appropriate of5 fices of the Secretaries; and

6 (C) approximately 25,000 acres of lands

7 and mineral interests in the State of Arkansas,

8 as depicted on a map entitled ‘‘Arkansas-Okla9 homa Land Exchange—Weyerhaeuser Arkansas

10 Cossatot Lands,’’ dated February 1996 and

11 available for public inspection in appropriate of12 fices of the Secretaries.

13 (e) EXCHANGE OF OIL AND GAS INTERESTS.—

14 (1) IN GENERAL.—Subject to paragraph (2)

15 and notwithstanding any other provision of law, at

16 the same time as the exchange for land and mineral

17 interests is carried out pursuant to this section, the

18 Secretary of Agriculture shall exchange all Federal

19 oil and gas interests, including leases and other

20 agreements, in the lands described in subsection

21 (d)(1) for equivalent oil and gas interests, including

22 existing leases and other agreements, owned by

23 Weyerhaeuser in the lands described in subsection

24 (d)(2).
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1 (2) RESERVATION.—In addition to the ex2 change of oil and gas interests pursuant to para3 graph (1), Weyerhaeuser shall reserve oil and gas in4 terests in and under the lands depicted for reserva5 tion upon a map entitled Arkansas-Oklahoma Land

6 Exchange—Weyerhaeuser Oil and Gas Interest Res7 ervation Lands, dated February 1996 and available

8 for public inspection in appropriate offices of the

9 Secretaries. Such reservation shall be subject to the

10 provisions of this title and the form of such reserva11 tion shall comply with the jointly agreed to Memo12 randum of Understanding between the Forest Serv13 ice and Weyerhaeuser dated March 27, 1996 and on

14 file with the Office of the Chief of the Forest Service

15 in Washington, D.C. and with the Committee on En16 ergy and Natural Resources of the United States

17 Senate and the Committee on Resources of the Unit18 ed States House of Representatives.

19 (f) GENERAL PROVISIONS.—

20 (1) MAPS CONTROLLING.—The acreage cited in

21 this section is approximate. In the case of a discrep22 ancy between the description of lands, mineral inter23 ests, or oil and gas interests to be exchanged pursu24 ant to subsections (d) and (e) and the lands, mineral

25 interests, or oil and gas interests depicted on a map
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1 referred to in such subsection, the map shall control.

2 The maps referenced in this section shall be subject

3 to such minor corrections as may be agreed upon by

4 the Secretaries and Weyerhaeuser so long as the

5 Secretary of Agriculture notifies the Committee on

6 Energy and Natural Resources of the United States

7 Senate and the Committee on Resources of the Unit8 ed States House of Representatives of any such

9 minor corrections.

10 (2) FINAL MAPS.—Not later than 180 days

11 after the conclusion of the exchange required by sub12 sections (d) and (e), the Secretaries shall transmit

13 maps accurately depicting the lands, mineral inter14 ests, and oil and gas interests conveyed and trans15 ferred pursuant to this section and the acreage and

16 boundary descriptions of such lands, mineral inter17 ests, and oil and gas interests to the Committee on

18 Energy and Natural Resources of the Senate and

19 the Committee on Resources of the House of Rep20 resentatives.

21 (3) CANCELLATION.—If, before the exchange

22 has been carried out pursuant to subsections (d) and

23 (e), Weyerhaeuser provides written notification to

24 the Secretaries that Weyerhauser no longer intends

25 to complete the exchange, with respect to the lands,
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1 mineral interests, and oil and gas interests that

2 would otherwise be subject to exchange, the status

3 of such lands, mineral interests, and oil and gas in4 terests shall revert to the status of such lands, min5 eral interests, and oil and gas interests as of the day

6 before the date of enactment of this Act and shall

7 be managed in accordance with applicable law and

8 management plans.

9 (4) WITHDRAWAL.—Subject to valid existing

10 rights, the land and interests therein depicted for

11 conveyance to Weyerhauser on the maps referenced

12 in subsections (d) and (e) are withdrawn from all

13 forms of entry and appropriation under the public

14 land laws (including the mining laws) and from the

15 operation of mineral leasing and geothermal steam

16 leasing laws effective upon the date of the enactment

17 of this title. Such withdrawal shall terminate 45

18 days after completion of the exchange provided for

19 in subsections (d) and (e) or on the date of notifica20 tion by Weyerhauser of a decision not to complete

21 the exchange.

22 (g) NATIONAL FOREST SYSTEM.—

23 (1) ADDITION TO THE SYSTEM.—Upon ap24 proval and acceptance of title by the Secretary of

25 Agriculture, the 156,000 acres of land conveyed to
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1 the United States pursuant to subsection (d)(2) (A)

2 and (B) of this section shall be subject to the Act

3 of March 1, 1911 (commonly known as the Weeks

4 Law) (36 Stat. 961, as amended), and shall be ad5 ministered by the Secretary of Agriculture in accord6 ance with the laws and regulations pertaining to the

7 National Forest System.

8 (2) PLAN AMENDMENTS.—No later than 12

9 months after the completion of the exchange re10 quired by this section, the Secretary of Agriculture

11 shall begin the process to amend applicable land and

12 resource management plans with public involvement

13 pursuant to section 6 of the Forest and Rangeland

14 Renewable Resource Planning Act of 1974, as

15 amended by the National Forest Management Act of

16 1976 (16 U.S.C. 1604): Provided, That no amend17 ment or revision of applicable land and resource

18 management plans shall be required prior to comple19 tion of the amendment process required by this

20 paragraph for the Secretary of Agriculture to au21 thorize or undertake activities consistent with forest

22 wide standards and guidelines and all other applica23 ble laws and regulations on lands conveyed to the

24 United States pursuant to subsection (d)(2) (A) and

25 (B).
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1 (h) OTHER.—

2 (1) ADDITION TO THE NATIONAL WILDLIFE

3 REFUGE SYSTEM.—Once acquired by the United

4 States, the 25,000 acres of land identified in sub5 section (d)(2)(C), the Arkansas Cossatot lands, shall

6 be managed by the Secretary of the Interior as a

7 component of the Cossatot National Wildlife Refuge

8 in accordance with the National Wildlife Refuge Sys9 tem Administration Act of 1996 (16 U.S.C. 668dd–

10 668ee).

11 (2) PLAN PREPARATION.—Within 24 months

12 after the completion of the exchange required by this

13 section, the Secretary of the Interior shall prepare

14 and implement a single refuge management plan for

15 the Cossatot National Wildlife Refuge, as expanded

16 by this title. Such plans shall recognize the impor17 tant public purposes served by the nonconsumptive

18 activities, other recreational activities, and wildlife19 related public use, including hunting, fishing, and

20 trapping. The plan shall permit, to the maximum ex21 tent practicable, compatible uses to the extent that

22 they are consistent with sound wildlife management

23 and in accordance with the National Wildlife Refuge

24 System Administration Act of 1996 (16 U.S.C.

25 668dd–668ee) and other applicable laws. Any regu-
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1 lations promulgated by the Secretary of the Interior

2 with respect to hunting, fishing, and trapping on

3 those lands shall, to the extent practicable, be con4 sistent with State fish and wildlife laws and regula5 tions. In preparing the management plan and regu6 lations, the Secretary of the Interior shall consult

7 with the Arkansas Game and Fish Commission.

8 (3) INTERIM USE OF LANDS.—

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

10 paragraph (2) during the period beginning on

11 the date of the completion of the exchange of

12 lands required by this section and ending on the

13 first date of the implementation of the plan pre14 pared under paragraph (2), the Secretary of the

15 Interior shall administer all lands added to the

16 Cossatot National Wildlife Refuge pursuant to

17 this title in accordance with the National Wild18 life Refuge System Administration Act of 1966

19 (16 U.S.C. 668dd–668ee) and other applicable

20 laws.

21 (B) HUNTING SEASONS.—During the pe22 riod described in subparagraph (A), the dura23 tion of any hunting season on the lands de24 scribed in paragraph (1) shall comport with the

25 applicable State law.
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1 (i) OUACHITA NATIONAL FOREST BOUNDARY AD2 JUSTMENT.—Upon acceptance of title by the Secretary of

3 Agriculture of the lands conveyed to the United States

4 pursuant to subsection (d)(2) (A) and (B), the boundaries

5 of the Ouachita National Forest shall be adjusted to en6 compass those lands conveyed to the United States gen7 erally depicted on the appropriate maps referred to in sub8 section (d). Nothing in this subsection shall limit the au9 thority of the Secretary of Agriculture to adjust the

10 boundary pursuant to section 11 of the Weeks Law of

11 March 1, 1911. For the purposes of section 7 of the Land

12 and Water Conservation Fund Act of 1965 (16 U.S.C.

13 460l–9), the boundaries of the Ouachita National Forest,

14 as adjusted by this section, shall be considered to be the

15 boundaries of the Forest as of January 1, 1965.

16 (j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later

17 than 180 days after the date of enactment of this title,

18 the Secretary of Agriculture shall prepare a boundary de19 scription of the lands depicted on the map(s) referred to

20 in subsection (d)(2) (A) and (B). Such map(s) and bound21 ary description shall have the same force and effect as if

22 included in this Act, except that the Secretary of Agri23 culture may correct clerical and typographical errors.
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1 SEC. 306. BIG THICKET NATIONAL PRESERVE.

2 (a) EXTENSION.—The last sentence of subsection (d)

3 of the first section of the Act entitled ‘‘An Act to authorize

4 the establishment of the Big Thicket National Preserve

5 in the State of Texas, and for other purposes’’, approved

6 October 11, 1974 (16 U.S.C. 698(d)), is amended by

7 striking out ‘‘two years after date of enactment’’ and in8 serting ‘‘five years after the date of enactment’’.

9 (b) INDEPENDENT APPRAISAL.—Subsection (d) of

10 the first section of such Act (16 U.S.C. 698(d)) is further

11 amended by adding at the end the following: ‘‘The Sec12 retary, in considering the values of the private lands to

13 be exchanged under this subsection, shall consider inde14 pendent appraisals submitted by the owners of the private

15 lands.’’

16 (c) LIMITATION.—Subsection (d) of the first section

17 of such Act (16 U.S.C. 698(d)), as amended by subsection

18 (b), is further amended by adding at the end the following:

19 ‘‘The authority to exchange lands under this subsection

20 shall expire on July 1, 1998.’’.

21 (d) REPORTING REQUIREMENT.—Not later than 6

22 months after the date of the enactment of this Act and

23 every 6 months thereafter until the earlier of the con24 summation of the exchange of July 1, 1998, the Secretary

25 of the Interior and the Secretary of Agriculture shall each

26 submit a report to the Committee on Resources of the
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1 House of Representatives and the Committee on Energy

2 and Natural Resources of the Senate concerning the

3 progress in consummating the land exchange authorized

4 by the amendments made by the Big Thicket National

5 Preserve Addition Act of 1993 (Public Law 103–46).

6 (e) LAND EXCHANGE IN LIBERTY COUNTY,

7 TEXAS.—If, within one year after the date of the enact8 ment of this Act—

9 (1) the owners of the private lands described in

10 subsection (f)(1) offer to transfer all their right,

11 title, and interest in and to such lands to the Sec12 retary of the Interior, and

13 (2) Liberty County, Texas, agrees to accept the

14 transfer of the Federal lands described in subsection

15 (f)(2),

16 the Secretary shall accept such offer of private lands and,

17 in exchange and without additional consideration, transfer

18 to Liberty County, Texas, all right, title, and interest of

19 the United States in and to the Federal lands described

20 in subsection (f)(2).

21 (f) LANDS DESCRIBED.—

22 (1) PRIVATE LANDS.—The private lands de23 scribed in this paragraph are approximately 3.76

24 acres of lands located in Liberty County, Texas, as
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1 generally depicted on the map entitled ‘‘Big Thicket

2 Lake Estates Access—Proposed’’.

3 (2) FEDERAL LANDS.—The Federal lands de4 scribed in this paragraph are approximately 2.38

5 acres of lands located in Menard Creek Corridor

6 Unit of the Big Thicket National Preserve, as gen7 erally depicted on the map referred to in paragraph

8 (1).

9 (g) ADMINISTRATION OF LANDS ACQUIRED BY THE

10 UNITED STATES.—The lands acquired by the Secretary

11 under subsection (e) shall be added to and administered

12 as part of the Menard Creek Corridor Unit of the Big

13 Thicket National Preserve.

14 SEC. 307. LOST CREEK LAND EXCHANGE.

15 (a) LAND EXCHANGE.—

16 (1) IN GENERAL.—Notwithstanding any other

17 provision of law, the Secretary of Agriculture (re18 ferred to in this section as the ‘‘Secretary’’) shall—

19 (A) acquire by exchange certain land and

20 interests in land owned by R–Y Timber, Inc.,

21 and its affiliates, successors, and assigns (re22 ferred to in this section as the ‘‘Corporation’’),

23 located in the Lost Creek and Twin Lakes

24 areas of the Beaverhead-Deerlodge National

25 Forest, Montana; and
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1 (B)(i) convey certain land and interests in

2 land owned by the United States and located in

3 the Beaverhead-Deerlodge National Forest and

4 the Gallatin National Forest, Montana, to the

5 Corporation; and

6 (ii) grant the right to harvest timber on

7 land in the Beaverhead-Deerlodge National

8 Forest and the Gallatin National Forest as

9 specified in the document under paragraph (4).

10 (2) OFFER AND ACCEPTANCE OF LAND.—

11 (A) NON-FEDERAL LAND.—If the Corpora12 tion offers to convey to the United States fee

13 title that is acceptable to the Secretary to ap14 proximately 17,567 acres of land owned by the

15 Corporation and available for exchange, as de16 picted on the map entitled ‘‘R–Y/Forest Service

17 Land Exchange Proposal’’, dated June 1996,

18 and described in the document under paragraph

19 (4), the Secretary shall accept a warranty deed

20 to the land.

21 (B) FEDERAL LAND.—

22 (i) CONVEYANCE.—On acceptance of

23 title to the Corporation’s land under sub24 paragraph (A) and on the effective date of
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1 the document under paragraph (4), the

2 Secretary shall—

3 (I) convey to the Corporation,

4 subject to valid existing rights, by ex5 change deed, fee title to approximately

6 7,185 acres in the Beaverhead7 Deerlodge National Forest; and

8 (II) grant to the Corporation the

9 right to harvest approximately

10 6,200,000 board feet of timber on cer11 tain land in the Beaverhead-Deerlodge

12 National Forest and approximately

13 4,000,000 board feet of timber on cer14 tain land in the Gallatin National

15 Forest, collectively referred to as the

16 harvest volume, as depicted on the

17 map described in subparagraph (A)

18 and subject to the terms and condi19 tions stated in the document under

20 paragraph (4).

21 (3) TIMBER HARVESTING.—

22 (A) IN GENERAL.—The timber harvest vol23 ume described in paragraph (2)(B)(i)(II) is in

24 addition to, and is not intended as an offset

25 against, the present or future planned timber
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1 sale program for the Beaverhead-Deerlodge Na2 tional Forest or the Gallatin National Forest,

3 so long as the allowable sale quantity for each

4 national forest, respectively, is not exceeded for

5 the planning period.

6 (B) SBA SHARE.—The Forest Service

7 shall not reduce its Small Business Administra8 tion share of timber sale set-aside offerings in

9 the Beaverhead-Deerlodge National Forest or

10 the Gallatin National Forest by reason of the

11 land exchange under this subsection.

12 (C) MINIMUM AND MAXIMUM ANNUAL

13 HARVESTS.—

14 (i) IN GENERAL.—Subject to clause

15 (ii)—

16 (I) not less than 20 nor more

17 than 30 percent of the timber de18 scribed in paragraph (2)(B)(i)(II)

19 shall be made available by the end of

20 each fiscal year over a 4- or 5-year

21 period beginning with the first fiscal

22 year that begins after the date of en23 actment of this Act; and

24 (II) the Corporation shall be al25 lowed at least 3 years after the end of
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1 each fiscal year in which to complete

2 the harvest of timber made available

3 for that fiscal year.

4 (ii) EXCEPTIONAL CIRCUMSTANCES.—

5 The timber harvest volumes specified in

6 clause (i) shall not be required in the case

7 of the occurrence of exceptional cir8 cumstances identified in the agreement

9 under paragraph (4). In the case of such

10 an occurrence that results in the making

11 available of less than 20 percent of the

12 timber for any fiscal year, the Secretary

13 shall provide compensation of equal value

14 to the Corporation in a form provided for

15 in the agreement under paragraph (4).

16 (4) LAND EXCHANGE SPECIFICATION AGREE17 MENT.—

18 (A) IN GENERAL.—Notwithstanding any

19 other provision of law, a document entitled ‘‘R–

20 Y/Forest Service Land Exchange Specifica21 tions’’ shall be jointly developed and agreed to

22 by the Corporation and the Secretary.

23 (B) DESCRIPTIONS OF LANDS TO BE EX24 CHANGED.—The document under subparagraph

25 (A) shall define the non-Federal and Federal
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1 lands and interests in land to be exchanged and

2 include legal descriptions of the lands and inter3 ests in land and an agreement to harvest timber

4 on National Forest System land in accordance

5 with the standard timber contract specifica6 tions, section 251.14 of title 36, Code of Fed7 eral Regulations (as in effect on the date of en8 actment of this Act), and any other pertinent

9 conditions.

10 (C) SUBMISSION TO CONGRESS.—The doc11 ument under subparagraph (A)—

12 (i) upon its completion shall be sub13 mitted to the Committee on Energy and

14 Natural Resources of the Senate and the

15 Committee on Resources of the House of

16 Representatives; and

17 (ii) shall not take effect until 45 days

18 after the date of submission to both com19 mittees.

20 (D) DESIGN AND LAYOUT.—

21 (i) IN GENERAL.—The Forest Service

22 shall determine the timber sale design and

23 layout in consultation with the Corpora24 tion.
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1 (ii) HARVEST VOLUME.—Identifica2 tion of the timber harvest volume shall be

3 determined in accordance with Department

4 of Agriculture standards.

5 (iii) MONITORING.—The Forest Serv6 ice shall monitor harvest and post-harvest

7 activities to ensure compliance with the

8 terms and conditions of the document

9 under subparagraph (A).

10 (5) CONFLICT.—In case of conflict between the

11 map described in paragraph (2)(A) and the docu12 ment under paragraph (4), the map shall control.

13 (b) TITLE.—

14 (1) REVIEW OF TITLE.—Not later than 60 days

15 after receipt of title documents from the Corpora16 tion, the Secretary shall review the title for the non17 Federal land described in subsection (a)(2)(A) and

18 determine whether—

19 (A) title standards of the Department of

20 Justice applicable to Federal land acquisition

21 have been satisfied or the quality of title is oth22 erwise acceptable to the Secretary;

23 (B) all draft conveyances and closing docu24 ments have been received and approved;
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1 (C) a current title commitment verifying

2 compliance with applicable title standards has

3 been issued to the Secretary; and

4 (D) the Corporation has complied with the

5 conditions imposed by this section.

6 (2) UNACCEPTABLE QUALITY OF TITLE.—If the

7 quality of title does not meet Federal standards and

8 is not otherwise acceptable to the Secretary, the Sec9 retary shall advise the Corporation regarding correc10 tive actions necessary to make an affirmative deter11 mination.

12 (3) CONVEYANCE OF TITLE.—The Secretary

13 shall accept the conveyance of land described in sub14 section (a)(2)(A) not later than 60 days after the

15 Secretary has made an affirmative determination of

16 quality of title.

17 (c) GENERAL PROVISIONS.—

18 (1) MAPS AND DOCUMENTS.—

19 (A) IN GENERAL.—The map described in

20 subsection (a)(2)(A) and the document under

21 subsection (a)(4) shall be subject to such minor

22 corrections as may be agreed upon by the Sec23 retary and the Corporation.

24 (B) PUBLIC AVAILABILITY.—The map de25 scribed in subsection (a)(2)(A) and the docu-
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1 ment under subsection (a)(4) shall be on file

2 and available for public inspection in the appro3 priate offices of the Forest Service.

4 (2) NATIONAL FOREST SYSTEM LAND.—

5 (A) IN GENERAL.—All land conveyed to

6 the United States under this section shall be

7 added to and administered as part of the Bea8 verhead-Deerlodge National Forest and shall be

9 administered by the Secretary in accordance

10 with the laws (including regulations) pertaining

11 to the National Forest System.

12 (B) WILDERNESS STUDY AREA ACQUISI13 TIONS.—Land acquired under this section that

14 is located within the boundary of a wilderness

15 area in existence on the date of enactment of

16 this Act shall be included within the National

17 Wilderness Preservation System.

18 (3) VALUATION.—The values of the lands and

19 interests in land to be exchanged under this section

20 are deemed to be equal.

21 (4) LIABILITY FOR HAZARDOUS SUBSTANCES.—

22 The United States (including the departments, agen23 cies, and employees of the United States) shall not

24 be liable under the Comprehensive Environmental

25 Response, Compensation, and Liability Act of 1980
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1 (42 U.S.C. 9601 et seq.), the Federal Water Pollu2 tion Control Act (33 U.S.C. 1251 et seq.), or any

3 other Federal, State, or local law solely as a result

4 of the acquisition of an interest in the land described

5 in subsection (a)(2)(A) or because of circumstances

6 or events occurring before the acquisition, including

7 any release or threat of release of a hazardous sub8 stance.

9 (5) RELEASE FROM STUDY.—The land compris10 ing approximately 1.320 acres in the Beaverhead11 Deerlodge National Forest, as generally depicted on

12 the map entitled ‘‘West Pioneer Study Deletion—

13 Proposed’’, dated 1994, is released from study under

14 section 2(a)(1) of the Montana Wilderness Study

15 Act of 1977 (91 Stat. 1243).

16 SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.

17 (a) CONVEYANCE BY THE SECRETARY OF AGRI18 CULTURE.—

19 (1) CONVEYANCE.—In exchange for the convey20 ance described in subsection (b), the Secretary of

21 Agriculture (hereinafter referred to as the ‘‘Sec22 retary’’) shall convey to the Orange County Council

23 of the Boy Scouts of America all right, title, and in24 terest of the United States in and to the parcel of

25 land described in paragraph (2) located in the Cleve-
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1 land National Forest. The parcel conveyed by the

2 Secretary shall be subject to valid existing rights

3 and to any easements that the Secretary considers

4 necessary for public and administrative access.

5 (2) DESCRIPTION OF PARCEL.—The parcel of

6 land referred to in paragraph (1) consists of not

7 more than 60 acres of land in Section 28, Township

8 9 South, Range 4 East, San Bernardino Meridian,

9 in the unincorporated territory of San Diego County,

10 California.

11 (b) CONVEYANCE BY THE BOY SCOUTS OF AMER12 ICA.—

13 (1) CONVEYANCE.—In exchange for the convey14 ance described in subsection (a), the Orange County

15 Council of the Boy Scouts of America shall convey

16 to the United States all right, title, and interest to

17 the parcel of land described in paragraph (2). The

18 parcel conveyed under this subsection shall be sub19 ject to such valid existing rights of record as may be

20 acceptable to the Secretary, and the title to the par21 cel shall conform with the title approval standards

22 applicable to Federal land acquisitions.

23 (2) DESCRIPTION OF PARCEL.—The parcel of

24 land referred to in paragraph (1) shall be approxi25 mately equal in value to the lands described in sub-
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1 section (a)(2) and shall be at least the Southerly 94

acres of the Westerly 1 2 ⁄2 of Section 34, Township 9

3 South, Range 4 East, San Bernardino Meridian, in

4 the unincorporated territory of San Diego County,

5 California.

6 (c) BOUNDARY ADJUSTMENT.—Upon the completion

7 of the land exchange authorized under this section, the

8 Secretary shall adjust the boundaries of the Cleveland Na9 tional Forest to exclude the parcel conveyed by the Sec10 retary under subsection (a) and to include the parcel ob11 tained by the Secretary under subsection (b). For pur12 poses of section 7 of the Land and Water Conservation

13 Fund Act of 1964 (16 U.S.C. 460l–9), the boundary of

14 the Cleveland National Forest, as modified by this title,

15 shall be considered the boundary of the forest as of Janu16 ary 1, 1965.

17 (d) INCORPORATION INTO CLEVELAND NATIONAL

18 FOREST.—Upon acceptance of title by the Secretary, the

19 parcel obtained by the Secretary under subsection (b) shall

20 become part of the Cleveland National Forest and shall

21 be subject to all laws applicable to such national forest.

22 SEC. 309. SAND HOLLOW LAND EXCHANGE.

23 (a) DEFINITIONS.—As used in this section:
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1 (1) DISTRICT.—The term ‘‘District’’ means the

2 Water Conservancy District of Washington County,

3 Utah.

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

5 the Secretary of the Interior.

6 (3) BULLOCH SITE.—The term ‘‘Bulloch Site’’

7 means the lands located in Kane County, Utah, ad8 jacent to Zion National Park, comprised of approxi9 mately 550 acres, as generally depicted on a map

10 entitled ‘‘Washington County Water Conservancy

11 District Exchange Proposal’’ and dated May 30,

12 1996.

13 (4) SAND HOLLOW SITE.—The term ‘‘Sand

14 Hollow Site’’ means the lands located in Washington

15 County, Utah, Comprised of approximately 3,000

16 acres, as generally depicted on a map entitled

17 ‘‘Washington County Water Conservancy District

18 Exchange Proposal’’ and dated May 30, 1996.

19 (5) QUAIL CREEK PIPELINE.—The term ‘‘Quail

20 Creek Pipeline’’ means the lands located in Wash21 ington County, Utah, comprised of approximately 40

22 acres, as generally depicted on a map entitled

23 ‘‘Washington County Water Conservancy District

24 Exchange Proposal’’ and dated May 30, 1996.
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1 (6) QUAIL CREEK RESERVOIR.—The term

2 ‘‘Quail Creek Reservoir’’ means the lands located in

3 Washington County, Utah, comprised of approxi4 mately 480.5 acres, as generally depicted on a map

5 entitled ‘‘Washington County Water Conservancy

6 District Exchange Proposal’’ and dated May 30,

7 1996.

8 (7) SMITH PROPERTY.—The term ‘‘Smith Prop9 erty’’ means the lands located in Washington Coun10 ty, Utah, comprised of approximately 1,550 acres as

11 generally depicted on a map entitled ‘‘Washington

12 County Water Conservancy District Exchange Pro13 posal’’ and dated May 30, 1996.

14 (b) EXCHANGE.—

15 (1) IN GENERAL.—Subject to the provisions of

16 this section, if within 18 months after the date of

17 the enactment of this Act, the Water Conservancy

18 District of Washington County, Utah, offers to

19 transfer to the United States all right, title, and in20 terest of the District in and to the Bulloch Site, the

21 Secretary of the Interior shall, in exchange, transfer

22 to the District all right, title, and interest of the

23 United States in and to the Sand Hollow Site, the

24 Quail Creek Pipeline and Quail Creek Reservoir,

25 subject to valid existing rights.
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1 (2) WATER RIGHTS ASSOCIATED WITH THE

2 BULLOCH SITE.—The water rights associated with

3 the Bulloch Site shall be transferred to the United

4 States pursuant to Utah State law.

5 (3) WITHDRAWAL OF MINERAL INTERESTS.—

6 Subject to valid existing rights, the mineral interests

7 underlying the Sand Hollow Site, the Quail Creek

8 Reservoir, and the Quail Creek Pipeline are hereby

9 withdrawn from disposition under the public land

10 laws and from location, entry, and patent under the

11 mining laws of the United States, from the operation

12 of the mineral leasing laws of the United States,

13 from the operation of the Geothermal Steam Act of

14 1970, and from the operation of the Act of July 31,

15 1947, commonly known as the ‘‘Materials Act of

16 1947’’ (30 U.S.C. 601 et seq.).

17 (4) GRAZING.—The exchange of lands under

18 paragraph (1) shall be subject to agreement by the

19 District to continue to permit the grazing of domes20 tic livestock on the Sand Hollow Site under the

21 terms and conditions of existing Federal grazing

22 leases or permits, except that the District, upon ter23 minating any such lease or permit, shall fully com24 pensate the holder of the terminated lease or permit.
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1 (c) EQUALIZATION OF VALUES.—The value of the

2 lands transferred out of Federal ownership under sub3 section (b) either shall be equal to the value of the lands

4 received by the Secretary under that section or, if not,

5 shall be equalized by—

6 (1) to the extent possible, transfer of all right,

7 title, and interest of the District in and to lands in

8 Washington County, Utah, and water rights of the

9 District associated thereto, which are within the

10 area providing habitat for the desert tortoise, as de11 termined by the Director of the Bureau of Land

12 Management;

13 (2) transfer of all right, title, and interest of

14 the District in and to lands in the Smith Site and

15 water rights of the District associated thereto; and

16 (3) the payment of money to the Secretary, to

17 the extent that lands and rights transferred under

18 paragraphs (1) and (2) are not sufficient to equalize

19 the values of the lands exchanged under subsection

20 (b)(1).

21 (d) MANAGEMENT OF LANDS ACQUIRED BY THE

22 UNITED STATES.—Lands acquired by the Secretary under

23 this section shall be administered by the Secretary, acting

24 through the Director of the Bureau of Land Management,

25 in accordance with the provisions of law generally applica-
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1 ble to the public lands, including the Federal Land Policy

2 and Management Act of 1976 (43 U.S.C. 1701 et seq.).

3 (e) NATIONAL ENVIRONMENTAL POLICY ACT OF

4 1976.—The exchange of lands under this section is not

5 subject to section 102 of the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4322).

7 (f) VALUATION OF LANDS TO BE ACQUIRED BY THE

8 UNITED STATES IN WASHINGTON COUNTY, UTAH.—In

9 acquiring any lands and any interests in lands in Washing10 ton County, Utah, by purchase, exchange, donation or

11 other transfers of interest, the Secretary of the Interior

12 shall appraise, value, and offer to acquire such lands and

13 interests without regard to the presence of a species listed

14 as threatened or endangered or any proposed or actual

15 designation of such property as critical habitat for a spe16 cies listed as threatened or endangered pursuant to the

17 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

18 SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZA19 TION FOR FISCAL YEARS 1997 THROUGH 2002.

20 Section 318(a) of the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1748(a)) is amended by

22 striking out ‘‘October 1, 1978’’ and by inserting in lieu

23 thereof ‘‘October 1, 2002’’.
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1 SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE.

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

3 ‘‘Kenai Natives Association Equity Act Amendments of

4 1996’’.

5 (b) FINDINGS AND PURPOSE.—

6 (1) FINDINGS.—The Congress finds the follow7 ing:

8 (A) The United States Fish and Wildlife

9 Service and Kenai Natives Association, Inc.,

10 have agreed to transfers of certain land rights,

11 in and near the Kenai National Wildlife Refuge,

12 negotiated as directed by Public Law 102–458.

13 (B) The lands to be acquired by the Serv14 ice are within the area impacted by the Exxon

15 Valdez oil spill of 1989, and these lands in16 cluded important habitat for various species of

17 fish and wildlife for which significant injury re18 sulting from the spill has been documented

19 through the EVOS Trustee Council restoration

20 process. This analysis has indicated that these

21 lands generally have value for the restoration of

22 such injured natural resources as pink salmon,

23 dolly varden, bald eagles, river otters, and cul24 tural and archaeological resources. This analy25 sis has also indicated that these lands generally

26 have high value for the restoration of injured
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1 species that rely on these natural resources, in2 cluding wilderness quality, recreation, tourism,

3 and subsistence.

4 (C) Restoration of the injured species will

5 benefit from acquisition and the prevention of

6 disturbances which may adversely affect their

7 recovery.

8 (D) It is in the public interest to complete

9 the conveyances provided for in this section.

10 (2) PURPOSE.—The purpose of this section is

11 to authorize and direct the Secretary, at the election

12 of KNA, to complete the conveyances provided for in

13 this section.

14 (c) DEFINITIONS.—For purposes of this section, the

15 term—

16 (1) ‘‘ANCSA’’ means the Alaska Native Claims

17 Settlement Act of 1971 (43 U.S.C. 1601 et seq.);

18 (2) ‘‘ANILCA’’ means the Alaska National In19 terest Lands Conservation Act (Public Law 96–487;

20 94 Stat. 2371 et seq.);

21 (3) ‘‘conservation system unit’’ has the same

22 meaning as in section 102(4) of ANILCA (16

23 U.S.C. 3102(4));
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1 (4) ‘‘CIRI’’ means the Cook Inlet Region, Inc.,

2 a Native Regional Corporation incorporated in the

3 State of Alaska pursuant to the terms of ANCSA;

4 (5) ‘‘EVOS’’ means the Exxon Valdez oil spill;

5 (6) ‘‘KNA’’ means the Kenai Natives Associa6 tion, Inc., an urban corporation incorporated in the

7 State of Alaska pursuant to the terms of ANCSA;

8 (7) ‘‘lands’’ means any lands, waters, or inter9 ests therein;

10 (8) ‘‘Refuge’’ means the Kenai National Wild11 life Refuge;

12 (9) ‘‘Secretary’’ means the Secretary of the In13 terior;

14 (10) ‘‘Service’’ means the United States Fish

15 and Wildlife Service; and

16 (11) ‘‘Terms and Conditions’’ means the Terms

17 and Conditions for Land Consolidation and Manage18 ment in the Cook Inlet Area, as clarified on August

19 31, 1976, ratified by section 12 of Public Law 94–

20 204 (43 U.S.C. 1611 note).

21 (d) ACQUISITION OF LANDS.—

22 (1) OFFER TO KNA.—

23 (A) IN GENERAL.—Subject to the availabil24 ity of the funds identified in paragraph (2)(C),

25 no later than 90 days after the date of enact-
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1 ment of this section, the Secretary shall offer to

2 convey to KNA the interests in land and rights

3 set forth in paragraph (2)(B), subject to valid

4 existing rights, in return for the conveyance by

5 KNA to the United States of the interests in

6 land or relinquishment of ANCSA selections set

7 forth in paragraph (2)(A). Payment for the

8 lands conveyed to the United States by KNA is

9 contingent upon KNA’s acceptance of the entire

10 conveyance outlined herein.

11 (B) LIMITATION.—The Secretary may not

12 convey any lands or make payment to KNA

13 under this section unless title to the lands to be

14 conveyed by KNA under this section has been

15 found by the United States to be sufficient in

16 accordance with the provisions of section 355 of

17 the Revised Statutes (40 U.S.C. 255).

18 (2) ACQUISITION LANDS.—

19 (A) LANDS TO BE CONVEYED TO THE

20 UNITED STATES.—The lands to be conveyed by

21 KNA to the United States, or the valid selec22 tion rights under ANCSA to be relinquished, all

23 situated within the boundary of the Refuge, are

24 the following:
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1 (i) The conveyance of approximately

2 803 acres located along and on islands

3 within the Kenai River, known as the

4 Stephanka Tract.

5 (ii) The conveyance of approximately

6 1,243 acres located along the Moose River,

7 known as the Moose River Patented Lands

8 Tract.

9 (iii) The relinquishment of KNA’s se10 lection known as the Moose River Selected

11 Tract, containing approximately 753 acres

12 located along the Moose River.

13 (iv) The relinquishment of KNA’s re14 maining ANCSA entitlement of approxi15 mately 454 acres.

16 (v) The relinquishment of all KNA’s

17 remaining overselections. Upon completion

18 of all relinquishments outlined above, all

19 KNA’s entitlement shall be deemed to be

20 extinguished and the completion of this ac21 quisition will satisfy all of KNA’s ANCSA

22 entitlement.

23 (vi) The conveyance of an access ease24 ment providing the United States and its

25 assigns access across KNA’s surface estate
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•HR 4236 RDS

in the SW1 1 ⁄4 of section 21, T. 6 N., R. 9

2 W., Seward Meridian, Alaska.

3 (vii) The conveyance of approximately

4 100 acres within the Beaver Creek Pat5 ented Tract, which is contiguous to lands

6 being retained by the United States contig7 uous to the Beaver Creek Patented Tract,

8 in exchange for 280 acres of Service lands

9 currently situated within the Beaver Creek

10 Selected Tract.

11 (B) LANDS TO BE CONVEYED TO KNA.—

12 The rights provided or lands to be conveyed by

13 the United States to KNA, are the following:

14 (i) The surface and subsurface estate

15 to approximately 5 acres, subject to res16 ervations of easements for existing roads

17 and utilities, located within the city of

18 Kenai, Alaska, identified as United States

19 Survey 1435, withdrawn by Executive

20 Order 2943 and known as the old Fish

21 and Wildlife Service Headquarters site.

22 (ii) The remaining subsurface estate

23 held by the United States to approximately

24 13,651 acres, including portions of the

25 Beaver Creek Patented Tract, the Beaver
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1 Creek Selected Tract, and portions of the

2 Swanson River Road West Tract and the

3 Swanson River Road East Tract, where

4 the surface was previously or will be con5 veyed to KNA pursuant to this Act but excluding the SW1 6 ⁄4 of section 21, T. 6 N.,

7 R. 9 W, Seward Meridian, Alaska, which

8 will be retained by the United States. The

9 conveyance of these subsurface interests

10 will be subject to the rights of CIRI to the

11 coal, oil, gas, and to all rights CIRI, its

12 successors, and assigns would have under

13 paragraph 1(B) of the Terms and Condi14 tions, including the right to sand and grav15 el, to construct facilities, to have rights-of16 way, and to otherwise develop it subsurface

17 interests.

18 (iii)(I) The nonexclusive right to use

19 sand and gravel which is reasonably nec20 essary for on-site development without

21 compensation or permit on those portions

22 of the Swanson River Road East Tract,

23 comprising approximately 1,738.04 acres;

24 where the entire subsurface of the land is

25 presently owned by the United States. The
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1 United States shall retain the ownership of

2 all other sand and gravel located within the

3 subsurface and KNA shall not sell or dis4 pose of such sand and gravel.

5 (II) The right to excavate within the

6 subsurface estate as reasonably necessary

7 for structures, utilities, transportation sys8 tems, and other development of the surface

9 estate.

10 (iv) The nonexclusive right to excavate

11 within the subsurface estate as reasonably

12 necessary for structures, utilities, transpor13 tation systems, and other development of

the surface estate on the SW1 14 ⁄4, section

15 21, T. 6 N., R. 9 W., Seward Meridian,

16 Alaska, where the entire subsurface of the

17 land is owned by the United States and

18 which public lands shall continue to be

19 withdrawn from mining following their re20 moval from the Refuge boundary under

21 paragraph (3)(A)(ii). The United States

22 shall retain the ownership of all other sand

23 and gravel located within the subsurface of

24 this parcel.
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1 (v) The surface estate of approxi2 mately 280 acres known as the Beaver

3 Creek Selected Tract. This tract shall be

4 conveyed to KNA in exchange for lands

5 conveyed to the United States as described

6 in paragraph (2)(A)(ii).

7 (C) PAYMENT.—The United States shall

8 make a total cash payment to KNA for the

9 above-described lands of $4,443,000, contingent

10 upon the appropriate approvals of the Federal

11 or State of Alaska EVOS Trustees (or both)

12 necessary for any expenditure of the EVOS set13 tlement funds.

14 (D) NATIONAL REGISTER OF HISTORIC

15 PLACES.—Upon completion of the acquisition

16 authorized in paragraph (1), the Secretary

17 shall, at no cost to KNA, in coordination with

18 KNA, promptly undertake to nominate the

19 Stephanka Tract to the National Register of

20 Historic Places, in recognition of the archae21 ological artifacts from the original Dena’ina

22 Settlement. If the Department of the Interior

23 establishes a historical, cultural, or archaeologi24 cal interpretive site, KNA shall have the exclu25 sive right to operate a Dena’ina interpretive site
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1 on the Stephanka Tract under the regulations

2 and policies of the department. If KNA declines

3 to operate such a site, the department may do

4 so under its existing authorities. Prior to the

5 department undertaking any archaeological ac6 tivities whatsoever on the Stephanka Tract,

7 KNA shall be consulted.

8 (3) GENERAL PROVISIONS.—

9 (A) REMOVAL OF KNA LANDS FROM THE

10 NATIONAL WILDLIFE REFUGE SYSTEM.—

11 (i) Effective on the date of closing for

12 the Acquisition Lands identified in para13 graph (2)(B), all lands retained by or con14 veyed to KNA pursuant to this section,

15 and the subsurface interests of CIRI un16 derlying such lands shall be automatically

17 removed from the National Wildlife Refuge

18 System and shall neither be considered as

19 part of the Refuge nor subject to any laws

20 pertaining solely to lands within the

21 boundaries of the Refuge. The conveyance

22 restrictions imposed by section 22(g) of

23 ANCSA (i) shall then be ineffective and

24 cease to apply to such interests of KNA

25 and CIRI, and (ii) shall not be applicable
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1 to the interests received by KNA in accord2 ance with paragraph (2)(B) or to the CIRI

3 interests underlying them. The Secretary

4 shall adjust the boundaries of the Refuge

5 so as to exclude all interests in lands re6 tained or received in exchange by KNA in

7 accordance with this section, including

8 both surface and subsurface, and shall also

9 exclude all interests currently held by

10 CIRI. On lands within the Swanson River

11 Road East Tract, the boundary adjustment

12 shall only include the surface estate where

13 the subsurface estate is retained by the

14 United States.

15 (ii)(I) The Secretary, KNA, and CIRI

16 shall execute an agreement within 45 days

17 of the date of enactment of this section

18 which preserves CIRI’s rights under para19 graph 1(B)(1) of the Terms and Condi20 tions, addresses CIRI’s obligations under

21 such paragraph, and adequately addresses

22 management issues associated with the

23 boundary adjustment set forth in this sec24 tion and with the differing interests in
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1 land resulting from enactment of this sec2 tion.

3 (II) In the event that no agreement is

4 executed as provided for in subclause (I),

5 solely for the purposes of administering

6 CIRI’s rights under paragraph 1(B)(1) of

7 the Terms and Conditions, the Secretary

8 and CIRI shall be deemed to have retained

9 their respective rights and obligations with

10 respect to CIRI’s subsurface interests

11 under the requirements of the Terms and

12 Conditions in effect on June 18, 1996.

13 Notwithstanding the boundary adjustments

14 made pursuant to this section, conveyances

15 to KNA shall be deemed to remain subject

16 to the Secretary’s and CIRI’s rights and

17 obligations under paragraph 1(B)(1) of the

18 Terms and Conditions.

19 (iii) The Secretary is authorized to ac20 quire by purchase or exchange, on a willing

21 seller basis only, any lands retained by or

22 conveyed to KNA. In the event that any

23 lands owned by KNA are subsequently ac24 quired by the United States, they shall be

25 automatically included in the Refuge Sys-
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•HR 4236 RDS

1 tem. The laws and regulations applicable

2 to Refuge lands shall then apply to these

3 lands and the Secretary shall then adjust

4 the boundaries accordingly.

5 (iv) Nothing in this section is in6 tended to enlarge or diminish the authori7 ties, rights, duties, obligations, or the

8 property rights held by CIRI under the

9 Terms and Conditions, or otherwise except

10 as set forth in this section. In the event of

11 the purchase by the United States of any

12 lands from KNA in accordance with sub13 paragraph (A)(ii), the United States shall

14 reassume from KNA the rights it pre15 viously held under the Terms and Condi16 tions and the provisions in any patent im17 plementing section 22(g) of ANCSA will

18 again apply.

19 (v) By virtue of implementation of

20 this section, CIRI is deemed entitled to

21 1,207 acres of in-lieu subsurface entitle22 ment under section 12(a)(1) of ANCSA.

23 Such entitlement shall be fulfilled in ac24 cordance with paragraph 1(B)(2)(A) of the

25 Terms and Conditions.
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1 (B) MAPS AND LEGAL DESCRIPTIONS.—

2 Maps and a legal description of the lands de3 scribed above shall be on file and available for

4 public inspection in the appropriate offices of

5 the United States Department of the Interior,

6 and the Secretary shall, no later than 90 days

7 after enactment of this section, prepare a legal

8 description of the lands described in paragraph

9 (2)(A)(vii). Such maps and legal description

10 shall have the same force and effect as if in11 cluded in the section, except that the Secretary

12 may correct clerical and typographical errors.

13 (C) ACCEPTANCE.—KNA may accept the

14 offer made in this section by notifying the Sec15 retary in writing of its decision within 180 days

16 of receipt of the offer. In the event the offer is

17 rejected, the Secretary shall notify the Commit18 tee on Resources of the House of Representa19 tives and the Committee on Energy and Natu20 ral Resources and the Committee on Environ21 ment and Public Works of the Senate.

22 (D) FINAL MAPS.—Not later than 120

23 days after the conclusion of the acquisition au24 thorized by paragraph (1), the Secretary shall

25 transmit a final report and maps accurately de-
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1 picting the lands transferred and conveyed pur2 suant to this section and the acreage and legal

3 descriptions of such lands to the Committee on

4 Resources of the House of Representatives and

5 the Committee on Energy and Natural Re6 sources and the Committee on Environment

7 and Public Works of the Senate.

8 (e) ADJUSTMENTS TO NATIONAL WILDERNESS SYS9 TEM.—Upon acquisition of lands by the United States

10 pursuant to subsection (d)(2)(A), that portion of the

11 Stephanka Tract lying south and west of the Kenai River,

12 consisting of approximately 592 acres, shall be included

13 in and managed as part of the Kenai Wilderness and such

14 lands shall be managed in accordance with the applicable

15 provisions of the Wilderness Act and ANILCA.

16 (f) DESIGNATION OF LAKE TODATONTEN SPECIAL

17 MANAGEMENT AREA.—

18 (1) PURPOSE.—To balance the potential effects

19 on fish, wildlife, and habitat of the removal of KNA

20 lands from the Refuge System, the Secretary is

21 hereby directed to withdraw, subject to valid existing

22 rights, from location, entry, and patent under the

23 mining laws and to create as a special management

24 unit for the protection of fish, wildlife, and habitat,

25 certain unappropriated and unreserved public lands,
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1 totaling approximately 37,000 acres adjacent to the

2 west boundary of the Kanuti National Wildlife Ref3 uge to be know as the ‘‘Lake Todatonten Special

4 Management Area’’, as depicted on the map entitled

5 ‘‘Proposed: Lake Todatonten Special Management

6 Area’’, dated June 13, 1996, and to be managed by

7 the Bureau of Land Management.

8 (2) MANAGEMENT.—

9 (A) Such designation is subject to all valid

10 existing rights as well as the subsistence pref11 erences provided under title VIII of ANILCA.

12 Any lands conveyed to the State of Alaska shall

13 be removed from the Lake Todatonten Special

14 Management Area.

15 (B) The Secretary may permit any addi16 tional uses of the area, or grant easements, only

17 to the extent that such use, including leasing

18 under the mineral leasing laws, is determined to

19 not detract from nor materially interfere with

20 the purposes for which the Special Management

21 Area is established.

22 (C)(i) The BLM shall establish the Lake

23 Todatonten Special Management Area Commit24 tee. The membership of the Committee shall

25 consist of 11 members as follows:
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•HR 4236 RDS

1 (I) Two residents each from the vil2 lages of Alatna, Allakaket, Hughes, and

3 Tanana.

4 (II) One representative from each of

5 Doyon Corporation, the Tanana Chiefs

6 Conference, and the State of Alaska.

7 (ii) Members of the Committee shall serve

8 without pay.

9 (iii) The BLM shall hold meetings of the

10 Lake Todatonten Special Management Area

11 Committee at least once per year to discuss

12 management issues within the Special Manage13 ment Area. The BLM shall not allow any new

14 type of activity in the Special Management

15 Area without first conferring with the Commit16 tee in a timely manner.

17 (3) ACCESS.—The Secretary shall allow the fol18 lowing:

19 (A) Private access for any purpose, includ20 ing economic development, to lands within the

21 boundaries of the Special Management Area

22 which are owned by third parties or are held in

23 trust by the Secretary for third parties pursu24 ant to the Alaska Native Allotment Act (25

25 U.S.C. 336). Such rights may be subject to re-
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•HR 4236 RDS

1 strictions issued by the BLM to protect subsist2 ence uses of the Special Management Area.

3 (B) Existing public access across the Spe4 cial Management Area. Section 1110(a) of

5 ANILCA shall apply to the Special Manage6 ment Area.

7 (4) SECRETARIAL ORDER AND MAPS.—The Sec8 retary shall file with the Committee on Resources of

9 the House of Representatives and the Committee on

10 Energy and Natural Resources and the Committee

11 on Environment and Public Works of the Senate,

12 the Secretarial Order and maps setting forth the

13 boundaries of the Area within 90 days of the com14 pletion of the acquisition authorized by this section.

15 Once established, this Order may only be amended

16 or revoked by Act of Congress.

17 (5) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums

19 as may be necessary to carry out the purposes of

20 this section.

21 TITLE IV—RIVERS AND TRAILS

22 SEC. 401. 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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•HR 4236 RDS

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 Basis

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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•HR 4236 RDS

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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•HR 4236 RDS

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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•HR 4236 RDS

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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•HR 4236 RDS

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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•HR 4236 RDS

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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•HR 4236 RDS

1 total of $7,500,000 for the 10 fiscal years beginning after

2 the date of enactment of this Act.

3 SEC. 402. 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. 403. 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 trail use along the trail.’’.

10 SEC. 404. HANFORD REACH PRESERVATION.

11 Section 2 of Public Law 100–605 is amended as fol12 lows:

13 (1) By striking ‘‘INTERIM’’ in the section

14 heading.

15 (2) By striking ‘‘For a period of eight years

16 after’’ and inserting ‘‘After’’ in subsection (a).

17 (3) By striking in subsection (b) ‘‘During the

18 eight year interim protection period, provided by this

19 section, all’’ and inserting ‘‘All’’.

20 SEC. 405. LAMPREY WILD AND SCENIC RIVER.

21 (a) DESIGNATION.—Section 3(a) of the Wild and

22 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add23 ing the following new paragraph at the end thereof:

24 ‘‘( ) LAMPREY RIVER, NEW HAMPSHIRE.—The

25 11.5-mile segment extending from the southern Lee town
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•HR 4236 RDS

1 line to the confluence with the Piscassic River in the vicin2 ity of the Durham-Newmarket town line (hereinafter in

3 this paragraph referred to as the ‘segment’) as a rec4 reational river. The segment shall be administered by the

5 Secretary of the Interior through cooperation agreements

6 between the Secretary and the State of New Hampshire

7 and its relevant political subdivisions, namely the towns

8 of Durham, Lee, and Newmarket, pursuant to section

9 10(e) of this Act. The segment shall be managed in ac10 cordance with the Lamprey River Management Plan dated

11 January 10, 1995, and such amendments thereto as the

12 Secretary of the Interior determines are consistent with

13 this Act. Such plan shall be deemed to satisfy the require14 ments for a comprehensive management plan pursuant to

15 section 3(d) of this Act.’’.

16 (b) MANAGEMENT.—

17 (1) COMMITTEE.—The Secretary of the Interior

18 shall coordinate his management responsibilities

19 under this Act with respect to the segment des20 ignated by subsection (a) with the Lamprey River

21 Advisory Committee established pursuant to New

22 Hampshire RSA 483.

23 (2) LAND MANAGEMENT.—The zoning ordi24 nances duly adopted by the towns of Durham, Lee,

25 and Newmarket, New Hampshire, including provi-
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1 sions for conservation of shorelands, floodplains, and

2 wetlands associated with the segment, shall be

3 deemed to satisfy the standards and requirements of

4 section 6(c) of the Wild and Scenic Rivers Act, and

5 the provisions of that section, which prohibit Federal

6 acquisition of lands by condemnation, shall apply to

7 the segment designated by subsection (a). The au8 thority of the Secretary to acquire lands for the pur9 poses of this paragraph shall be limited to acquisi10 tion by donation or acquisition with the consent of

11 the owner thereof, and shall be subject to the addi12 tional criteria set forth in the Lamprey River Man13 agement Plan.

14 (c) UPSTREAM SEGMENT.—Upon request by the

15 town of Epping, which abuts an additional 12 miles of

16 river found eligible for designation as a recreational river,

17 the Secretary of the Interior shall offer assistance regard18 ing continued involvement of the town of Epping in the

19 implementation of the Lamprey River Management Plan

20 and in consideration of potential future addition of that

21 portion of the river within Epping as a component of the

22 Wild and Scenic Rivers System.
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1 SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS

2 OF 1996.

3 (a) AMENDMENTS PERTAINING TO THE NEW RIVER

4 GORGE NATIONAL RIVER.—

5 (1) BOUNDARIES.—Section 1101 of the Na6 tional Parks and Recreation Act of 1978 (16 U.S.C.

7 460m–15) is amended by striking out ‘‘NERI–

8 80,023, dated January 1987’’ and inserting

9 ‘‘NERI–80,028A, dated March 1996’’.

10 (2) FISH AND WILDLIFE MANAGEMENT.—Sec11 tion 1106 of the National Parks and Recreation Act

12 of 1978 (16 U.S.C. 460m–20) is amended by adding

13 the following at the end thereof: ‘‘The Secretary

14 shall permit the State of West Virginia to undertake

15 fish stocking activities carried out by the State, in

16 consultation with the Secretary, on waters within the

17 boundaries of the national river. Nothing in this Act

18 shall be construed as affecting the jurisdiction of the

19 State of West Virginia with respect to fish and wild20 life.’’.

21 (3) CONFORMING AMENDMENTS.—Title XI of

22 the National Parks and Recreation Act of 1978 (16

23 U.S.C. 460m–15 et seq.) is amended by adding the

24 following new section at the end thereof:
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1 ‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

2 ‘‘(a) COOPERATIVE AGREEMENTS.—The provisions

3 of section 202(e)(1) of the West Virginia National Interest

4 River Conservation Act of 1987 (16 U.S.C. 460ww–

5 1(e)(1)) shall apply to the New River Gorge National

6 River in the same manner and to the same extent as such

7 provisions apply to the Gauley River National Recreation

8 Area.

9 ‘‘(b) REMNANT LANDS.—The provisions of the sec10 ond sentence of section 203(a) of the West Virginia Na11 tional Interest River Conservation Act of 1987 (16 U.S.C.

12 460ww–2(a)) shall apply to tracts of land partially within

13 the boundaries of the New River Gorge National River in

14 the same manner and to the same extent as such provi15 sions apply to tracts of land only partially within the

16 Gauley River National Recreation Area.’’.

17 (b) VISITOR CENTER.—The Secretary of the Interior

18 is authorized to construct a visitor center and such other

19 related facilities as may be deemed necessary to facilitate

20 visitor understanding and enjoyment of the New River

21 Gorge National River and the Gauley River National

22 Recreation Area in the vicinity of the confluence of the

23 New and Gauley Rivers. Such center and related facilities

24 are authorized to be constructed at a site outside of the

25 boundary of the New River Gorge National River or
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1 Gauley River National Recreation Area unless a suitable

2 site is available within the boundaries of either unit.

3 (c) AMENDMENTS PERTAINING TO THE GAULEY

4 RIVER NATIONAL RECREATION AREA.—

5 (1) TECHNICAL AMENDMENT.—Section 205(c)

6 of the West Virginia National Interest River Con7 servation Act of 1987 (16 U.S.C. 460ww–4(c)) is

8 amended by adding the following at the end thereof:

9 ‘‘If project construction is not commenced within the

10 time required in such license, or if such license is

11 surrendered at any time, such boundary modification

12 shall cease to have any force and effect.’’.

13 (2) GAULEY ACCESS.—Section 202(e) of the

14 West Virginia National Interest River Conservation

15 Act of 1987 (16 U.S.C. 460ww–1(e)) is amended by

16 adding the following new paragraph at the end

17 thereof:

18 ‘‘(4) ACCESS TO RIVER.—(A) In order to facili19 tate public safety, use, and enjoyment of the recre20 ation area, and to protect, to the maximum extent

21 feasible, the scenic and natural resources of the

22 area, the Secretary is authorized and directed to ac23 quire such lands or interests in lands and to take

24 such actions as are necessary to provide access by

25 noncommercial entities on the north side of the
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1 Gauley River at the area known as Woods Ferry uti2 lizing existing roads and rights-of-way. Such actions

3 by the Secretary shall include the construction of

4 parking and related facilities in the vicinity of

5 Woods Ferry for noncommercial use on lands ac6 quired pursuant to paragraph (3) or on lands ac7 quired with the consent of the owner thereof within

8 the boundaries of the recreation area.

9 ‘‘(B) If necessary, in the discretion of the Sec10 retary, in order to minimize environmental impacts,

11 including visual impacts, within portions of the

12 recreation area immediately adjacent to the river,

13 the Secretary may, by contract or otherwise, provide

14 transportation services for noncommercial visitors,

15 at reasonable cost, between such parking facilities

16 and the river.

17 ‘‘(C) Nothing in subparagraph (A) shall affect

18 the rights of any person to continue to utilize, pur19 suant to a lease in effect on April 1, 1993, any right

20 of way acquired pursuant to such lease which au21 thorizes such person to use an existing road referred

22 to in subparagraph (A). Except as provided under

23 paragraph (2) relating to access immediately down24 stream of the Summersville project, until there is

25 compliance with this paragraph the Secretary is pro-
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1 hibited from acquiring or developing any other river

2 access points within the recreation area.’’.

3 (d) AMENDMENTS PERTAINING TO THE BLUESTONE

4 NATIONAL SCENIC RIVER.—

5 (1) BOUNDARIES.—Section 3(a)(65) of the

6 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))

7 is amended by striking out ‘‘WSR–BLU/20,000, and

8 dated January 1987’’ and inserting ‘‘BLUE–80,005,

9 dated May 1996’’.

10 (2) PUBLIC ACCESS.—Section 3(a)(65) of the

11 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))

12 is amended by adding the following at the end there13 of: ‘‘In order to provide reasonable public access and

14 vehicle parking for public use and enjoyment of the

15 river designated by this paragraph, consistent with

16 the preservation and enhancement of the natural

17 and scenic values of such river, the Secretary may,

18 with the consent of the owner thereof, negotiate a

19 memorandum of understanding or cooperative agree20 ment, or acquire not more than 10 acres of lands or

21 interests in such lands, or both, as may be necessary

22 to allow public access to the Bluestone River and to

23 provide, outside the boundary of the scenic river,

24 parking and related facilities in the vicinity of the

25 area known as Eads Mill.’’.
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1 SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCE2 NIC RIVERS ACT.

3 (a) NUMBERING OF PARAGRAPHS.—The unnumbered

4 paragraphs in section 3(a) of the Wild and Scenic Rivers

5 Act (16 U.S.C. 1274(a)), relating to each of the following

6 river segments, are each amended by numbering such

7 paragraphs as follows:

River: Paragraph 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)

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)
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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:

River: Paragraph 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)

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)
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New River, West Virginia and Virginia ..................................................... (134)

Rio Grande, New Mexico ........................................................................... (135)

1 SEC. 408. 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 et seq.), is amended by adding the following new sec7 tion 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

18 to prevent the issuance of any permit for the construction

19 of a new water gauging station on North St. Vrain Creek

20 at the point of its confluence with Coulson Gulch.’’.

21 (b) ENCOURAGEMENT OF EXCHANGES.—

22 (1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL

23 PARK.—Promptly following enactment of this Act,

24 the Secretary of the Interior shall seek to acquire by
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1 donation or exchange those lands within the bound2 aries of Rocky Mountain National Park owned by

3 the city of Longmont, Colorado, that are referred to

4 in section 111(d) of the Act commonly referred to as

5 the ‘‘Colorado Wilderness Act of 1980’’ (Public Law

6 96–560; 94 Stat. 3272; 16 U.S.C. 192b–9(d)).

7 (2) OTHER LANDS.—The Secretary of Agri8 culture shall immediately and actively pursue nego9 tiations with the city of Longmont, Colorado, con10 cerning the city’s proposed exchange of lands owned

11 by the city and located in and near Coulson Gulch

12 for other lands owned by the United States. The

13 Secretary shall report to Congress 2 calendar years

14 after the date of enactment of this Act, and every

15 2 years thereafter on the progress of such negotia16 tions until negotiations are complete.

17 TITLE V—HISTORIC AREAS AND

18 CIVIL RIGHTS

19 SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HIS20 TORIC TRAIL.

21 Section 5(a) of the National Trails System Act (16

22 U.S.C. 1244(a)) is amended by adding at the end thereof

23 the following new paragraph:

24 ‘‘( ) The Selma to Montgomery National Historic

25 Trail, consisting of 54 miles of city streets and United
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1 States Highway 80 from Brown Chapel A.M.E. Church

2 in Selma to the State Capitol Building in Montgomery,

3 Alabama, traveled by voting rights advocates during

4 March 1965 to dramatize the need for voting rights legis5 lation, as generally described in the report of the Secretary

6 of the Interior prepared pursuant to subsection (b) of this

7 section entitled ‘‘Selma to Montgomery’’ and dated April

8 1993. Maps depicting the route shall be on file and avail9 able for public inspection in the Office of the National

10 Park Service, Department of the Interior. The trail shall

11 be administered in accordance with this Act, including sec12 tion 7(h). The Secretary of the Interior, acting through

13 the National Park Service, which shall be the lead Federal

14 agency, shall cooperate with other Federal, State and local

15 authorities to preserve historic sites along the route, in16 cluding (but not limited to) the Edmund Pettus Bridge

17 and the Brown Chapel A.M.E. Church.’’.

18 SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.

19 (a) ESTABLISHMENT.—There is established the Van20 couver National Historic Reserve in the State of Washing21 ton (referred to in this section as the ‘‘Reserve’’), consist22 ing of the area described in the report entitled ‘‘Vancouver

23 National Historic Reserve Feasibility Study and Environ24 mental Assessment’’ published by the Vancouver Histori25 cal Assessment’’ published by the Vancouver Historical
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1 Study Commission and dated April 1993 as authorized by

2 Public Law 101–523 (referred to in this section as the

3 ‘‘Vancouver Historic Reserve Report’’).

4 (b) ADMINISTRATION.—(1) The Reserve shall be ad5 ministered through a general management plan developed

6 in accordance with this section, and approved by the Sec7 retary of the Interior and the Secretary of the Army.

8 (2) Not later than three years after the date of enact9 ment of this Act, the National Park Service shall submit

10 to the Secretaries a general management plan for the ad11 ministration of the Reserve.

12 (3) The general management plan shall be developed

13 by a Partnership comprised of a representative from the

14 National Park Service, a representative of the Historic

15 Preservation Office of the State of Washington, a rep16 resentative of the Department of the Army, and a rep17 resentative of the City of Vancouver, Washington.

18 (4) The general management plan shall be developed

19 in accordance with the specific findings and recommenda20 tions of the Vancouver Historic Reserve Report, along

21 with any other considerations not otherwise in conflict

22 with the Report, and shall include at a minimum a state23 ment of purpose, an interpretive plan, and an economic

24 plan for Pearson Field.
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1 (5) The Reserve shall not be deemed to be a new unit

2 of the National Park System.

3 (c) NO LIMITATION ON FAA AUTHORITY.—The es4 tablishment of the Reserve shall not limit—

5 (1) the authority of the Federal Aviation Ad6 ministration over air traffic control, or aviation ac7 tivities at Pearson Airpark; or

8 (2) limit operations and airspace in the vicinity

9 of Portland International Airport.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated $400,000 per year for

12 operational costs for each fiscal year following enactment

13 of this Act and $5,000,000 for development costs.

14 SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVI15 SORY COMMISSION.

16 (a) KALOKO-HONOKOHAU NATIONAL HISTORICAL

17 PARK.—Notwithstanding section 505(f)(7) of Public Law

18 95–625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O

19 Kaloko-Honokohau, the Advisory Commission for Kaloko20 Honokohau National Historical Park, is hereby re-estab21 lished in accordance with section 505(f), as amended by

22 paragraph (2) of this subsection.

23 (b) CONFORMING AMENDMENT.—Section 505(f)(7)

24 of Public Law 95–625 (16 U.S.C. 396d(7)), is amended

25 by striking ‘‘this Act’’ and inserting in lieu thereof, ‘‘the
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1 Na Hoa Pili Kaloko-Honokohau Re-establishment Act of

2 1996’’.

3 SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC

4 PARK ACT.

5 Section 3(b) of the Boston National Historical Park

6 Act of 1974 (16 U.S.C. 410z–1(b)) is amended by insert7 ing ‘‘(1)’’ before the first sentence thereof and by adding

8 the following at the end thereof:

9 ‘‘(2) The Secretary of the Interior is authorized to

10 enter into a cooperative agreement with the Boston Public

11 Library to provide for the distribution of informational

12 and interpretive materials relating to the park and to the

13 Freedom Trail.’’.

14 SEC. 505. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.

15 (a) INCLUSION OF OTHER PROPERTIES.—Section

16 1601(c) of Public Law 96–607 (16 U.S.C. 410ll) is

17 amended to read as follows:

18 ‘‘(c) ESTABLISHMENT.—To carry out the purposes of

19 this section there is hereby established the Women’s

20 Rights National Historical Park (hereinafter in this sec21 tion referred to as the ‘‘park’’). The park shall consist of

22 the following designated sites in Seneca Falls and Water23 loo, New York:

24 ‘‘(1) Stanton House, 32 Washington Street,

25 Seneca Falls;
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1 ‘‘(2) dwelling, 30 Washington Street, Seneca

2 Falls;

3 ‘‘(3) dwelling, 34 Washington Street, Seneca

4 Falls;

5 ‘‘(4) lot, 26–28 Washington Street, Seneca

6 Falls;

7 ‘‘(5) former Wesleyan Chapel, 126 Fall Street,

8 Seneca Falls;

9 ‘‘(6) theater, 128 Fall Street, Seneca Falls;

10 ‘‘(7) McClintock House, 16 East Williams

11 Street, Waterloo;

12 ‘‘(8) Hunt House, 401 East Williams Street,

13 Waterloo;

14 ‘‘(9) not to exceed 1 acre, plus improvements,

15 as determined by the Secretary, in Seneca Falls for

16 development of a maintenance facility;

17 ‘‘(10) dwelling, 1 Seneca Street, Seneca Falls;

18 ‘‘(11) dwelling, 10 Seneca Street, Seneca Falls;

19 ‘‘(12) parcels adjacent to Wesleyan Chapel

20 Block, including Clinton Street, Fall Street, and

21 Mynderse Street, Seneca Falls; and

22 ‘‘(13) dwelling, 12 East Williams Street, Water23 loo.’’.

24 ‘‘(b) MISCELLANEOUS AMENDMENTS.—Section 1601

25 of Public Law 96–607 (16 U.S.C. 410ll) is amended by
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1 redesignating subsection (i) as ‘‘(i)(1)’’ and inserting at

2 the end thereof the following new paragraph:

3 ‘‘(2) In addition to those sums appropriated prior to

4 the date of enactment of this paragraph for land acquisi5 tion and development, there is hereby authorized to be ap6 propriated an additional $2,000,000.’’.

7 SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.

8 The legislative authority for the Black Revolutionary

9 War Patriots Foundation to establish a commemorative

10 work (as defined by the Commemorative Works Act (40

11 U.S.C. 1001 et seq.)) shall expire October 27, 1998, not12 withstanding the time period limitation specified in section

13 10(b) of that Act (40 U.S.C. 1010(b)).

14 SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVER15 SITIES HISTORIC BUILDING RESTORATION

16 AND PRESERVATION.

17 (a) AUTHORITY TO MAKE GRANTS.—From the

18 amounts made available to carry out the National Historic

19 Preservation Act, the Secretary of the Interior shall make

20 grants in accordance with this section to eligible histori21 cally black colleges and universities for the preservation

22 and restoration of historic buildings and structures on the

23 campus of these institutions.

24 (b) GRANT CONDITIONS.—Grants made under sub25 section (a) shall be subject to the condition that the grant-
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1 ee covenants, for the period of time specified by the Sec2 retary, that—

3 (1) no alteration will be made in the property

4 with respect to which the grant is made without the

5 concurrence of the Secretary; and

6 (2) reasonable public access to the property

7 with respect to which the grant is made will be per8 mitted by the grantee for interpretive and edu9 cational purposes.

10 (c) MATCHING REQUIREMENT FOR BUILDINGS AND

11 STRUCTURES LISTED ON THE NATIONAL REGISTER OF

12 HISTORIC PLACES.—(1) Except as provided by paragraph

13 (2), the Secretary may obligate funds made available

14 under this section for a grant with respect to a building

15 or structure listed on, or eligible for listing on, the Na16 tional Register of Historic Places only if the grantee

17 agrees to match, from funds derived from non-Federal

18 sources, the amount of the grant with an amount that is

19 equal or greater than the grant.

20 (2) The Secretary may waive paragraph (1) with re21 spect to a grant if the Secretary determines from cir22 cumstances that an extreme emergency exists or that such

23 a waiver is in the public interest to assure the preservation

24 of historically significant resources.
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1 (d) FUNDING PROVISION.—Pursuant to section 108

2 of the National Historic Preservation Act, $29,000,000

3 shall be made available to carry out the purposes of this

4 section. Of amounts made available pursuant to this sec5 tion, $5,000,000 shall be available for grants to Fisk Uni6 versity, $2,500,000 shall be available for grants to Knox7 ville College, $2,000,000 shall be available for grants to

8 Miles College, Alabama, $1,500,000 shall be available for

9 grants to Talladega College, Alabama, $1,550,000 shall

10 be available for grants to Selma University, Alabama,

11 $250,000 shall be available for grants to Stillman College,

12 Alabama, $200,000 shall be available for grants to

13 Concordia College, Alabama, $2,900,000 shall be available

14 for grants to Allen University, South Carolina, $1,000,000

15 shall be available for grants to Claflin College, South

16 Carolina, $2,000,000 shall be available for grants to Voor17 hees College, South Carolina, $1,000,000 shall be avail18 able for grants to Rust College, Mississippi, and

19 $3,000,000 shall be available for grants to Tougaloo Col20 lege, Mississippi.

21 (e) REGULATIONS.—The Secretary shall develop such

22 guidelines as may be necessary to carry out this section.

23 (f) DEFINITIONS.—For the purposes of this section:

24 (1) HISTORICALLY BLACK COLLEGES.—The

25 term ‘‘historically black colleges and universities’’
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1 has the same meaning given the term ‘‘part B insti2 tution’’ by section 322 of the Higher Education Act

3 of 1965 (20 U.S.C. 1061).

4 (2) HISTORIC BUILDING AND STRUCTURES.—

5 The term ‘‘historic building and structures’’ means

6 a building or structure listed on, or eligible for list7 ing on, the National Register of Historic Places or

8 designated a National Historic Landmark.

9 SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.

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

11 authorized to permit the Alpha Phi Alpha Fraternity to

12 establish a memorial on lands under the administrative ju13 risdiction of the Secretary in the District of Columbia or

14 its environs to honor Martin Luther King, Jr., pursuant

15 to the Commemorative Works Act of 1986.

16 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO17 RATIVE WORKS.—The establishment of the memorial shall

18 be in accordance with the Act entitled ‘‘An Act to provide

19 standards for placement of commemorative works on cer20 tain Federal lands in the District of Columbia and its en21 virons, and for other purposes’’ approved November 14,

22 1986 (40 U.S.C. 1001 et seq.).

23 (c) PAYMENT OF EXPENSES.—The Alpha Phi Alpha

24 Fraternity shall be solely responsible for acceptance of

25 contributions for, and payment of the expenses of, the es-
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1 tablishment of the memorial. No Federal funds may be

2 used to pay any expense of the establishment of the memo3 rial.

4 (d) DEPOSIT OF EXCESS FUNDS.—If, upon payment

5 of all expenses of the establishment of the memorial (in6 cluding the maintenance and preservation amount pro7 vided for in section 8(b) of the Act referred to in section

8 4401(b)), or upon expiration of the authority for the me9 morial under section 10(b) of that Act, there remains a

10 balance of funds received for the establishment of the me11 morial, the Alpha Phi Alpha Fraternity shall transmit the

12 amount of the balance to the Secretary of the Treasury

13 for deposit in the account provided for in section 8(b)(1)

14 of that Act.

15 SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVA16 TION REAUTHORIZATION.

17 (a) REAUTHORIZATION.—The last sentence of section

18 212(a) of the National Historic Preservation Act (16

19 U.S.C. 470 et seq.) is amended to read as follows: ‘‘There

20 are authorized to be appropriated for the purposes of this

21 title not to exceed $4,000,000 in each fiscal year 1997

22 through 2000.’’.

23 (b) REPORTING REQUIREMENTS.—Within 18 months

24 after the date of enactment of this Act, the Advisory

25 Council on Historic Preservation shall submit a report to
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1 the appropriate congressional committees containing an

2 analysis of alternatives for modifying the regulatory proc3 ess for addressing impacts of Federal actions on nationally

4 significant historic properties, as well as alternatives for

5 future promulgation and oversight of regulations for im6 plementation of section 106 of the National Historic Pres7 ervation Act.

8 (c) TECHNICAL AMENDMENTS.—Title II of the Na9 tional Historic Preservation Act (16 U.S.C. 470 et seq.)

10 is amended as follows:

11 (1) By striking ‘‘appointed’’ in section

12 201(a)(4) and inserting ‘‘designated’’.

13 (2) By striking ‘‘and 10’’ in section 201(c) and

14 inserting ‘‘through (11)’’.

15 (3) By adding the following new section after

16 section 214:

17 ‘‘SEC. 215. Subject to applicable conflict of interest

18 laws, the Council may receive reimbursements from State

19 and local agencies and others pursuant to agreements exe20 cuted in furtherance of the purposes of this Act.’’.

21 (4) By amending subsection (g) of section 205

22 to read as follows:

23 ‘‘(g) Any Federal agency may provide the Council,

24 with or without reimbursement as may be agreed upon by

25 the Chairman and the agency, with such funds, personnel,
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1 facilities and services under its jurisdiction and control as

2 may be needed by the Council to carry out its duties, to

3 the extent that such funds, personnel, facilities, and serv4 ices are requested by the Council and are otherwise avail5 able for the purpose. Any funds provided to the Council

6 pursuant to this subsection must be expended by the end

7 of the fiscal year following the fiscal year in which the

8 funds are received by the Council. To the extent of avail9 able appropriations, the Council may obtain by purchase,

10 rental, donation, or otherwise, such additional property fa11 cilities, and services as may be needed to carry out its

12 duties and may also receive donations of moneys for such

13 purpose, and the Executive Director is authorized, in his

14 discretion, to accept, hold, use, expend, and administer the

15 same for the purposes of this Act.’’.

16 SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.

17 (a) PURPOSES.—The purposes of this section are—

18 (1) to preserve and interpret, for the edu19 cational and inspirational benefit of the public, the

20 contribution of our national heritage of certain his21 toric and cultural lands and edifices of the Great

22 Falls Historic District, with emphasis on harnessing

23 this unique urban environment for its educational

24 and recreational value; and
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1 (2) to enhance economic and cultural redevelop2 ment within the District.

3 (b) DEFINITIONS.—In this section:

4 (1) DISTRICT.—The term ‘‘District’’ means the

5 Great Falls Historic District established by sub6 section (c).

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

8 the Secretary of the Interior.

9 (3) HISTORIC INFRASTRUCTURE.—The term

10 ‘‘historic infrastructure’’ means the District’s his11 toric raceway system, all four stories of the original

12 Colt Gun Mill, including belltower, and any other

13 structure that the Secretary determines to be eligible

14 for the National Register of Historic Places.

15 (c) GREAT FALLS HISTORIC DISTRICT.—

16 (1) ESTABLISHMENT.—There is established the

17 Great Falls Historic District in the city of Paterson,

18 in Passaic County, New Jersey.

19 (2) BOUNDARIES.—The boundaries of the Dis20 trict shall be the boundaries specified by the Great

21 Falls Historic District listed on the National Reg22 ister of Historic Places.

23 (d) DEVELOPMENT PLAN.—The Secretary may make

24 grants and enter into cooperative agreements with the

25 State of New Jersey, local governments, and private non-
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1 profit entities under which the Secretary agrees to pay not

2 more than 50 percent of the costs of—

3 (1) preparation of a plan for the development of

4 historic, architectural, natural, cultural, and inter5 pretive resources within the District;

6 (2) implementation of projects approved by the

7 Secretary under the development plan; and

8 (3) a market analysis assessing the economic

9 development potential of the District and rec10 ommending steps to be taken to encourage economic

11 development and revitalization in a manner consist12 ent with the District’s historic character.

13 (e) RESTORATION, PRESERVATION, AND INTERPRE14 TATION OF PROPERTIES.—

15 (1) COOPERATIVE AGREEMENTS.—The Sec16 retary may enter into cooperative agreements with

17 the State of New Jersey, local governments and non18 profit entities owning property within the District

19 under which the Secretary may—

20 (A) pay not more than 50 percent of the

21 cost of restoring, repairing, rehabilitating, and

22 improving historic infrastructure within the

23 District;
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1 (B) provide technical assistance with re2 spect to the preservation and interpretation of

3 properties within the District; and

4 (C) mark and provide interpretation of

5 properties within the District.

6 (2) PROVISIONS.—A cooperative agreement

7 under paragraph (1) shall provide that—

8 (A) the Secretary shall have the right of

9 access at reasonable times to public portions of

10 the property for interpretive and other pur11 poses;

12 (B) no change or alteration may be made

13 in the property except with the agreement of

14 the property owner, the Secretary, and any

15 Federal agency that may have regulatory juris16 diction over the property; and

17 (C) any construction grant made under

18 this section shall be subject to an agreement

19 that provides that conversion, use, or disposal

20 of the project so assisted for purposes contrary

21 to the purposes of this section shall result in a

22 right of the United States to compensation

23 from the beneficiary of the grant, and that pro24 vides for a schedule for such compensation
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1 based on the level of Federal investment and

2 the anticipated useful life of the project.

3 (3) APPLICATIONS.—

4 (A) IN GENERAL.—A property owner that

5 desires to enter into a cooperative agreement

6 under paragraph (1) shall submit to the Sec7 retary an application describing how the project

8 proposed to be funded will further the purposes

9 of the District.

10 (B) CONSIDERATION.—In making such

11 funds available under this subsection, the Sec12 retary shall give consideration to projects that

13 provide a greater leverage of Federal funds.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated from the Historic Pres16 ervation Fund authorized under the National Historic

17 Preservation Act to the Secretary to carry out this sec18 tion—

19 (1) $250,000 for grants and cooperative agree20 ments for the development plan under subsection

21 (d); and

22 (2) $50,000 for the provision of technical as23 sistance and $3,000,000 for the provision of other

24 assistance under cooperative agreements under sub25 section (e).
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1 SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK

2 DISTRICT.

3 (a) FINDINGS AND PURPOSES.—

4 (1) FINDINGS.—The Congress finds that—

5 (A) the New Bedford National Historic

6 Landmark District and associated historic sites

7 as described in subsection (c)(2), including the

8 Schooner Ernestina, are National Historic

9 Landmarks and are listed on the National Reg10 ister of Historic Places as historic sites associ11 ated with the history of whaling in the United

12 States;

13 (B) the city of New Bedford was the 19th

14 century capital of the world’s whaling industry

15 and retains significant architectural features,

16 archival materials, and museum collections il17 lustrative of this period;

18 (C) New Bedford’s historic resources pro19 vide unique opportunities for illustrating and

20 interpreting the whaling industry’s contribution

21 to the economic, social, and environmental his22 tory of the United States and provide opportu23 nities for public use and enjoyment;

24 (D) during the nineteenth century, over

25 two thousand whaling voyages sailed out of

26 New Bedford to the Arctic region of Alaska,
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1 and joined Alaska Natives from Barrow, Alaska

2 and other areas in the Arctic region in subsist3 ence whaling activities; and

4 (E) the National Park System presently

5 contains no sites commemorating whaling and

6 its contribution to American history.

7 (2) PURPOSES.—The purposes of this section

8 are—

9 (A) to help preserve, protect, and interpret

10 the resources within the areas described in sub11 section (c)(2), including architecture, setting,

12 and associated archival and museum collections;

13 (B) to collaborate with the city of New

14 Bedford and with associated historical, cultural,

15 and preservation organizations to further the

16 purposes of the park established under this sec17 tion; and

18 (C) to provide opportunities for the inspi19 rational benefit and education of the American

20 people.

21 (b) DEFINITIONS.—For the purposes of this sec22 tion—

23 (1) the term ‘‘park’’ means the New Bedford

24 Whaling National Historical Park established by

25 subsection (c); and
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1 (2) the term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 (c) NEW BEDFORD WHALING NATIONAL HISTORI4 CAL PARK.—

5 (1) ESTABLISHMENT.—In order to preserve for

6 the benefit and inspiration of the people of the Unit7 ed States as a national historical park certain dis8 tricts structures, and relics located in New Bedford,

9 Massachusetts, and associated with the history of

10 whaling and related social and economic themes in

11 America, there is established the New Bedford

12 Whaling National Historical Park.

13 (2) BOUNDARIES.—(A) The boundaries of the

14 park shall be those generally depicted on the map

15 numbered NAR–P49–80,000–4 and dated June

16 1994. Such map shall be on file and available for

17 public inspection in the appropriate offices of the

18 National Park Service. In case of any conflict be19 tween the descriptions set forth in clauses (i)

20 through (iv) and such map, such map shall govern.

21 The park shall include the following:

22 (i) The area included with the New Bed23 ford National Historic Landmark District,

24 known as the Bedford Landing Waterfront His25 toric District, as listed within the National Reg-
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1 ister of Historic Places and in the Massachu2 setts State Register of Historic Places.

3 (ii) The National Historic Landmark

4 Schooner Ernestina, with its home port in New

5 Bedford.

6 (iii) The land along the eastern boundary

7 of the New Bedford National Historic Land8 mark District over the east side of MacArthur

9 Drive from the Route 6 overpass on the north

10 to an extension of School Street on the south.

11 (iv) The land north of Elm Street in New

12 Bedford, bounded by Acushnet Avenue on the

13 west, Route 6 (ramps) on the north, MacArthur

14 Drive on the east, and Elm Street on the south.

15 (B) In addition to the sites, areas, and relics re16 ferred to in subparagraph (A), the Secretary may

17 assist in the interpretation and preservation of each

18 of the following:

19 (i) The southwest corner of the State Pier.

20 (ii) Waterfront Park, immediately south of

21 land adjacent to the State Pier.

22 (iii) The Rotch-Jones-Duff House and

23 Garden Museum, located at 396 County Street.

24 (iv) The Wharfinger Building, located on

25 Piers 3 and 4.
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1 (v) The Bourne Counting House, located

2 on Merrill’s Wharf.

3 (d) RELATED FACILITIES.—To ensure that the con4 tribution of Alaska Natives to the history of whaling in

5 the United States is fully recognized, the Secretary shall

6 provide—

7 (1) financial and other assistance to establish

8 links between the New Bedford Whaling National

9 Historical Park and the North Slope Borough Cul10 tural Center, located in Barrow, Alaska; and

11 (2) to provide appropriate assistance and fund12 ing for the North Slope Borough Cultural Center.

13 (e) ADMINISTRATION OF PARK.—

14 (1) IN GENERAL.—The park shall be adminis15 tered by the Secretary in accordance with this sec16 tion and the provisions of law generally applicable to

17 units of the National Park System, including the Act

18 entitled ‘‘An Act to establish a National Park Serv19 ice, and for other purposes’’, approved August 25,

20 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and

21 the Act of August 21, 1935 (49 Stat. 666; 16

22 U.S.C. 461–467).

23 (2) COOPERATIVE AGREEMENTS.—(A) The Sec24 retary may consult and enter into cooperative agree25 ments with interested entities and individuals to pro-
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1 vide for the preservation, development, interpreta2 tion, and use of the park.

3 (B) Any payment made by the Secretary pursu4 ant to a cooperative agreement under this paragraph

5 shall be subject to an agreement that conversion,

6 use, or disposal of the project so assisted for pur7 poses contrary to the purposes of this section, as de8 termined by the Secretary, shall result in a right of

9 the United States to reimbursement of all funds

10 made available to such project or the proportion of

11 the increased value of the project attributable to

12 such funds as determined at the time of such con13 version, use, or disposal, whichever is greater.

14 (3) NON-FEDERAL MATCHING REQUIRE15 MENTS.—(A) Funds authorized to be appropriated

16 to the Secretary for the purposes of—

17 (i) cooperative agreements under para18 graph (2) shall be expended in the ratio of one

19 dollar of Federal funds for each four dollars of

20 funds contributed by non-Federal sources; and

21 (ii) construction, restoration, and rehabili22 tation of visitors and interpretive facilities

23 (other than annual operation and maintenance

24 costs) shall be expended in the ratio of one dol-
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1 lar of Federal funds for each one dollar of

2 funds contributed by non-Federal sources.

3 (B) For the purposes of this paragraph, the

4 Secretary is authorized to accept from non-Federal

5 sources, and to utilize for purposes of this section,

6 any money so contributed. With the approval of the

7 Secretary, any donation of property, services, or

8 goods from a non-Federal source may be considered

9 as a contribution of funds from a non-Federal

10 source for the purposes of this paragraph.

11 (4) ACQUISITION OF REAL PROPERTY.—For the

12 purposes of the park, the Secretary may acquire only

13 by donation such lands, interests in lands, and im14 provements thereon within the park as are needed

15 for essential visitor contact and interpretive facili16 ties.

17 (5) OTHER PROPERTY, FUNDS, AND SERV18 ICES.—The Secretary may accept donated funds,

19 property, and services to carry out this section.

20 (e) GENERAL MANAGEMENT PLAN.—Not later than

21 the end of the second fiscal year beginning after the date

22 of enactment of this Act, the Secretary shall submit to

23 the Committee on Resources of the House of Representa24 tives and the Committee on Energy and Natural Re25 sources of the Senate a general management plan for the
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1 park and shall implement such plan as soon as practically

2 possible. The plan shall be prepared in accordance with

3 section 12(b) of the Act of August 18, 1970 (16 U.S.C.

4 1a–7(b)) and other applicable law.

5 (f) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), there are authorized to be appropriated

8 such sums as may be necessary to carry out annual

9 operations and maintenance with respect to the park

10 and to carry out the activities under section 3(D).

11 (2) EXCEPTIONS.—In carrying out this sec12 tion—

13 (A) not more than $2,000,000 may be ap14 propriated for construction, restoration, and re15 habilitation of visitor and interpretive facilities,

16 and directional and visitor orientation signage;

17 (B) none of the funds authorized to be ap18 propriated by this section may be used for the

19 operation or maintenance of the Schooner

20 Ernestina; and

21 (C) not more than $50,000 annually of

22 Federal funds may be used for interpretive and

23 education programs for the Schooner Ernestina

24 pursuant to cooperative grants under subsection

25 (d)(2).
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1 SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.

2 (a) FINDINGS AND PURPOSES.—

3 (1) FINDINGS.—Congress finds that—

4 (A) the town of Nicodemus, in Kansas, has

5 national significance as the only remaining

6 western town established by African-Americans

7 during the Reconstruction period following the

8 Civil War;

9 (B) the town of Nicodemus is symbolic of

10 the pioneer spirit of Afican-Americans who

11 dared to leave the only region they had been fa12 miliar with to seek personal freedom and the

13 opportunity to develop their talents and capa14 bilities; and

15 (C) the town of Nicodemus continues to be

16 a valuable African-American community.

17 (2) PURPOSES.—The purposes of this section

18 are—

19 (A) to preserve, protect, and interpret for

20 the benefit and enjoyment of present and future

21 generations, the remaining structures and loca22 tions that represent the history (including the

23 settlement and growth) of the town of

24 Nicodemus, Kansas; and

25 (B) to interpret the historical role of the

26 town of Nicodemus in the Reconstruction period
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1 in the context of the experience of westward ex2 pansion in the United States.

3 (b) DEFINITIONS.—In this section:

4 (1) HISTORIC SITE.—The term ‘‘historic site’’

5 means the Nicodemus National Historic Site estab6 lished by subsection (c).

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

8 the Secretary of the Interior.

9 (c) ESTABLISHMENT OF NICODEMUS NATIONAL HIS10 TORIC SITE.—

11 (1) ESTABLISHMENT.—There is established the

12 Nicodemus National Historic Site in Nicodemus,

13 Kansas.

14 (2) DESCRIPTION.—

15 (A) IN GENERAL.—The historic site shall

16 consist of the first Baptist Church, the St.

17 Francis Hotel, the Nicodemus School District

18 Number 1, the African Methodist Episcopal

19 Church, and the Township Hall located within

20 the approximately 161.35 acres designated as

21 the Nicodemus National Landmark in the

22 Township of Nicodemus, Graham County, Kan23 sas, as registered on the National Register of

24 Historic Places pursuant to section 101 of the

25 National Historic Preservation Act (16 U.S.C.
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1 470a), and depicted on a map entitled

2 ‘‘Nicodemus National Historic Site’’, numbered

3 80,000 and dated August 1994.

4 (B) MAP AND BOUNDARY DESCRIPTION.—

5 The map referred to in subparagraph (A) and

6 accompanying boundary description shall be on

7 file and available for public inspection in the of8 fice of the Director of the National Park Serv9 ice and any other office of the National Park

10 Service that the Secretary determines to be an

11 appropriate location for filing the map and

12 boundary description.

13 (d) ADMINISTRATION OF THE HISTORIC SITE.—

14 (1) IN GENERAL.—The Secretary shall admin15 ister the historic site in accordance with this section

16 and the provisions of law generally applicable to

17 units of the National Park System, including the Act

18 entitled ‘‘An Act to establish a National Park Serv19 ice, and for other purposes’’, approved August 25,

20 1916 (16 U.S.C. 1 et seq.), and the Act of August

21 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461

22 et seq.).

23 (2) COOPERATIVE AGREEMENTS.—To further

24 the purposes of this section, the Secretary may enter

25 into a cooperative agreement with any interested in-
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1 dividual, public or private agency, organization, or

2 institution.

3 (3) TECHNICAL AND PRESERVATION ASSIST4 ANCE.—

5 (A) IN GENERAL.—The Secretary may

6 provide to any eligible person described in sub7 paragraph (B) technical assistance for the pres8 ervation of historic structures of, the mainte9 nance of the cultural landscape of, and local

10 preservation planning for, the historic site.

11 (B) ELIGIBLE PERSONS.—The eligible per12 sons described in this subparagraph are—

13 (i) an owner of real property within

14 the boundary of the historic site, as de15 scribed in subsection (c)(2); and

16 (ii) any interested individual, agency,

17 organization, or institution that has en18 tered into an agreement with the Secretary

19 pursuant to paragraph (2).

20 (e) ACQUISITION OF REAL PROPERTY.—

21 (1) IN GENERAL.—Subject to paragraph (2),

22 the Secretary is authorized to acquire by donation,

23 exchange, or purchase with funds made available by

24 donation or appropriation, such lands or interests in

25 lands as may be necessary to allow for the interpre-
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1 tation, preservation, or restoration of the First Bap2 tist Church, the St. Francis Hotel, the Nicodemus

3 School District Number 1, the African Methodist

4 Episcopal Church, or the Township Hall, as de5 scribed in subsection (c)(2)(A), or any combination

6 thereof.

7 (2) LIMITATIONS.—

8 (A) ACQUISITION OF PROPERTY OWNED BY

9 THE STATE OF KANSAS.—Real property that is

10 owned by the State of Kansas or a political sub11 division of the State of Kansas that is acquired

12 pursuant to paragraph (1) may only be ac13 quired by donation.

14 (B) CONSENT OF OWNER REQUIRED.—No

15 real property may be acquired under this sub16 section without the consent of the owner of the

17 real property.

18 (f) GENERAL MANAGEMENT PLAN.—

19 (1) IN GENERAL.—Not later than the last day

20 of the third full fiscal year beginning after the date

21 of enactment of this Act, the Secretary shall, in con22 sultation with the officials described in paragraph

23 (2), prepare a general management plan for the his24 toric site.
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1 (2) CONSULTATION.—In preparing the general

2 management plan, the Secretary shall consult with

3 an appropriate official of each of the following:

4 (A) The Nicodemus Historical Society.

5 (B) The Kansas Historical Society.

6 (C) Appropriate political subdivisions of

7 the State of Kansas that have jurisdiction over

8 all or a portion of the historic site.

9 (3) SUBMISSION OF PLAN TO CONGRESS.—

10 Upon the completion of the general management

11 plan, the Secretary shall submit a copy of the plan

12 to the Committee on Energy and Natural Resources

13 of the Senate and the Committee on Resources of

14 the House of Representatives.

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to the Department of

17 the Interior such sums as are necessary to carry out this

18 section.

19 SEC. 513. UNALASKA.

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

21 ‘‘Aleutian World War II National Historic Areas Act of

22 1996’’.

23 (b) PURPOSE.—The purpose of this section is to des24 ignate and preserve the Aleutian World War II National

25 Historic Area within lands owned by the Ounalaska Cor-
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1 poration on the island of Amaknak, Alaska and to provide

2 for the interpretation, for the educational and inspira3 tional benefit of present and future generations, of the

4 unique and significant circumstances involving the history

5 of the Aleut people, and the role of the Aleut people and

6 the Aleutian Islands in the defense of the United States

7 in World War II.

8 (c) BOUNDARIES.—The Aleutian World War II Na9 tional Historic Area whall be comprised of areas on

10 Amaknak Island depicted on the map entitled ‘‘Aleutian

11 World War II National Historic Area’’.

12 (d) TERMS AND CONDITIONS.—Nothing in this sec13 tion shall—

14 (1) authorize the conveyance of lands between

15 the Ounalaska Corporation and the United States

16 Department of the Interior, nor remove land or

17 structures appurtenant to the land from the exclu18 sive control of the Ounalaska Corporation; or

19 (2) provide authority for the Department of the

20 Interior to assume the duties associated with the

21 daily operation for the historic area or any of its fa22 cilities or structures.

23 (e) TECHNICAL ASSISTANCE.—The Secretary of the

24 Interior may award grants and provide technical assist25 ance to the Ounalaska Corporation and the City of Un-
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1 alaska to assist with the planning, development, and his2 toric preservation from any program funds authorized by

3 law for technical assistance, land use planning or historic

4 preservation.

5 SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.

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

7 (1) to assist in the effort to timely establish

8 within the District of Columbia a national memorial

9 to Japanese American patriotism in World War II;

10 and

11 (2) to improve management of certain parcels

12 of Federal real property located within the District

13 of Columbia,

14 by the transferring jurisdiction over such parcels to the

15 Architect of the Capitol, the Secretary of the Interior, and

16 the Government of the District of Columbia.

17 (b) TRANSFERS OF JURISDICTION.—

18 (1) IN GENERAL.—Effective on the date of the

19 enactment of this Act and notwithstanding any other

20 provision of law, jurisdiction over the parcels of Fed21 eral real property described in paragraph (2) is

22 transferred without additional consideration as pro23 vided by paragraph (2).

24 (2) SPECIFIC TRANSFERS.—
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1 (A) TRANSFERS TO SECRETARY OF THE

2 INTERIOR.—

3 (i) IN GENERAL.—Jurisdiction over

4 the following parcels is transferred to the

5 Secretary of the Interior:

6 (I) That triangle of Federal land,

7 including any contiguous sidewalks

8 and tree space, that is part of the

9 United States Capitol Grounds under

10 the jurisdiction of the Architect of the

11 Capitol bound by D Street, N.W.,

12 New Jersey Avenue, N.W., and Lou13 isiana Avenue, N.W., in square W632

14 in the District of Columbia, as shown

15 on the Map Showing Properties

16 Under Jurisdiction of the Architect of

17 the Capitol, dated November 8, 1994.

18 (II) That triangle of Federal

19 land, including any contiguous side20 walks and tree space, that is part of

21 the United States Capitol Grounds

22 under the jurisdiction of the Architect

23 of the Capitol bound by C Street,

24 N.W., First Street, N.W., and Louisi25 ana Avenue, N.W., in the District of
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1 Columbia, as shown on the Map

2 Showing Properties Under Jurisdic3 tion of the Architect of the Capitol,

4 dated November 8, 1994.

5 (ii) LIMITATION.—The parcels trans6 ferred by clause (i) shall not include those

7 contiguous sidewalks abutting Louisiana

8 Avenue, N.W., which shall remain part of

9 the United States Capitol Grounds under

10 the jurisdiction of the Architect of the

11 Capitol.

12 (iii) CONSIDERATION AS MEMORIAL

13 SITE.—The parcels transferred by sub14 clause (I) of clause (i) may be considered

15 as a site for a national memorial to Japa16 nese American patriotism in World War II.

17 (B) TRANSFERS TO ARCHITECT OF THE

18 CAPITOL.—Jurisdiction over the following par19 cels is transferred to the Architect of the Cap20 itol:

21 (i) That portion of the triangle of

22 Federal land in Reservation No. 204 in the

23 District of Columbia under the jurisdiction

24 of the Secretary of the Interior, including

25 any contiguous sidewalks, bound by Con-
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1 stitution Avenue, N.E., on the north, the

2 branch of Maryland Avenue, N.E., running

3 in a northeast direction on the west, the

4 major portion of Maryland Avenue, N.E.,

5 on the south, and 2nd Street, N.E., on the

6 east, including the contiguous sidewalks.

7 (ii) That irregular area of Federal

8 land in Reservation No. 204 in the District

9 of Columbia under the jurisdiction of the

10 Secretary of the Interior, including any

11 contiguous sidewalks, northeast of the real

12 property described in clause (i) bound by

13 Constitution Avenue, N.E., on the north,

14 the branch of Maryland Avenue, N.E., run15 ning to the northeast on the south, and the

16 private property on the west known as lot

17 7, in square 726.

18 (iii) The two irregularly shaped medi19 ans lying north and east of the property

20 described in clause (i), located between the

21 north and south curbs of Constitution Ave22 nue, N.E., west of its intersection with

23 Second Street, N.E., all as shown in Land

24 Record No. 268, dated November 22,
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1 1957, in the Office of the Surveyor, Dis2 trict of Columbia, in Book 138, Page 58.

3 (iv) All sidewalks under the jurisdic4 tion of the District of Columbia abutting

5 on and contiguous to the land described in

6 clauses (i), (ii), and (iii).

7 (C) TRANSFERS TO DISTRICT OF COLUM8 BIA.—Jurisdiction over the following parcels is

9 transferred to the Government of the District of

10 Columbia:

11 (i) That portion of New Jersey Ave12 nue, N.W., between the northernmost point

13 of the intersection of New Jersey Avenue,

14 N.W., and D Street, N.W., and the north15 ernmost point of the intersection of New

16 Jersey Avenue, N.W., and Louisiana Ave17 nue, N.W., between squares 631 and

18 W632, which remains Federal property.

19 (ii) That portion of D Street, N.W.,

20 between its intersection with New Jersey

21 Avenue, N.W., and its intersection with

22 Louisiana Avenue, N.W., between squares

23 630 and W632, which remains Federal

24 property.

25 (c) MISCELLANEOUS.—
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1 (1) COMPLIANCE WITH OTHER LAWS.—Compli2 ance with this section shall be deemed to satisfy the

3 requirements of all laws otherwise applicable to

4 transfers of jurisdiction over parcels of Federal real

5 property.

6 (2) LAW ENFORCEMENT RESPONSIBILITY.—

7 Law enforcement responsibility for the parcels of

8 Federal real property for which jurisdiction is trans9 ferred by subsection (b) shall be assumed by the per10 son acquiring such jurisdiction.

11 (3) UNITED STATES CAPITOL GROUNDS.—

12 (A) DEFINITION.—The first section of the

13 Act entitled ‘‘An Act to define the United

14 States Capitol Grounds, to regulate the use

15 thereof, and for other purposes’’, approved July

16 31, 1946 (40 U.S.C. 193a), is amended to in17 clude within the definition of the United States

18 Capitol Grounds the parcels of Federal real

19 property described in subsection (b)(2)(B).

20 (B) JURISDICTION OF CAPITOL POLICE.—

21 The United States Capitol Police shall have ju22 risdiction over the parcels of Federal real prop23 erty described in subsection (b)(2)(B) in ac24 cordance with section 9 of such Act of July 31,

25 1946 (40 U.S.C. 212a).
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1 (4) EFFECT OF TRANSFERS.—A person relin2 quishing jurisdiction over a parcel of Federal real

3 property transferred by subsection (b) shall not re4 tain any interest in the parcel except as specifically

5 provided by this section.

6 SEC. 515. MANZANAR NATIONAL HISTORIC SITE.

7 (a) TERMINATION OF WITHDRAWALS.—

8 (1) UNAVAILABILITY OF CERTAIN LANDS.—The

9 Congress, by enacting the Act entitled ‘‘An Act to

10 establish the Manzanar National Historic Site in the

11 State of California, and for other purposes’’, ap12 proved March 3, 1992 (106 Stat. 40; Public Law

13 102–248), (1) provided for the protection and inter14 pretation of the historical, cultural, and natural re15 sources associated with the relocation of Japanese16 Americans during World War II and established the

17 Manzanar National Historic Site in the State of

18 California, and (2) authorized the Secretary of the

19 Interior to acquire lands or interests therein within

20 the boundary of the Historic Site by donation, pur21 chase with donated or appropriated funds, or by ex22 change. The public lands identified for disposal in

23 the Bureau of Land Management’s Bishop Resource

24 Area Resource Management Plan that could be

25 made available for exchange in support of acquiring
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1 lands within the boundary of the Historic Site are

2 currently unavailable for this purpose because they

3 are withdrawn by an Act of Congress.

4 (2) TERMINATION OF WITHDRAWAL.—To pro5 vide a land base with which to allow land exchanges

6 in support of acquiring lands within the boundary of

7 the Manzanar National Historic Site, the withdrawal

8 of the following described lands is terminated and

9 such lands shall not be subject to the Act of March

10 4, 1931 (chapter 517; 46 Stat. 1530):

11 MOUNT DIABLO MERIDIAN

12 Township 2 North, Range 26 East

13 Section 7:

14 North half south half of lot 1 of southwest

15 quarter, north half south half of lot 2 of southwest

16 quarter, north half south half southeast quarter.

17 Township 4 South, Range 33 East

18 Section 31:

19 Lot 1 of southwest quarter, northwest quarter

20 northeast quarter, southeast quarter;

21 Section 32:

22 Southeast quarter northwest quarter, northeast

23 quarter southwest quarter, southwest quarter south24 east quarter.
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1 Township 5 South, Range 33 East

2 Section 4:

3 West half of lot 1 of northwest quarter, west

4 half of lot 2 of northwest quarter.

5 Section 5:

6 East half of lot 1 of northeast quarter, east half

7 of lot 2 of northeast quarter.

8 Section 9:

9 Northwest quarter southwest quarter northeast

10 quarter.

11 Section 17:

12 Southeast quarter northwest quarter, northwest

13 quarter southeast quarter.

14 Section 22:

15 Lot 1 and 2.

16 Section 27:

17 Lot 2, west half northeast quarter, southeast

18 quarter northwest quarter, northeast quarter south19 west quarter, northwest quarter southeast quarter.

20 Section 34:

21 Northeast quarter, northwest quarter, southeast

22 quarter.

23 Township 6 South, Range 31 East

24 Section 19:

25 East half northeast quarter southeast quarter.
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1 Township 6 South, Range 33 East

2 Section 10:

3 East half southeast quarter.

4 Section 11:

5 Lot 1 and 2, west half northeast quarter, north6 west quarter, west half southwest quarter, northeast

7 quarter southwest quarter.

8 Section 14:

9 Lots 1 through 4, west half northeast quarter,

10 southeast quarter northwest quarter, northeast quar11 ter southwest quarter, northwest quarter southeast

12 quarter.

13 Township 7 South, Range 32 East

14 Section 23:

15 South half southwest quarter.

16 Section 25:

17 Lot 2, northeast quarter northwest quarter.

18 Township 7 South, Range 33 East

19 Section 30:

20 South half of lot 2 of northwest quarter, lot 1

21 and 2 of southwest quarter.

22 Section 31:

23 North half of lot 2 of northwest quarter, south24 east quarter northeast quarter, northeast quarter

25 southeast quarter.
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1 Township 8 South, Range 33 East

2 Section 5:

3 Northwest quarter southwest quarter.

4 Township 13 South, Range 34 East

5 Section 1:

6 Lots 43, 46, and 49 through 51.

7 Section 2:

8 North half northwest quarter southeast quarter

9 southeast quarter.

10 Township 11 South, Range 35 East

11 Section 30:

12 Lots 1 and 2, east half northwest quarter, east

13 half southwest quarter, and west half southwest

14 quarter southeast quarter.

15 Section 31:

16 Lot 8, west half west half northeast quarter,

17 east half northwest quarter, and west half southeast

18 quarter.

19 Township 13 South, Range 35 East

20 Section 18:

21 South half of lot 2 of northwest quarter, lot 1

22 and 2 of southwest quarter, southwest quarter

23 northeast quarter, northwest quarter southeast quar24 ter.

25 Section 29:
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1 Southeast quarter northeast quarter, northeast

2 quarter southeast quarter.

3 Township 13 South, Range 36 East

4 Section 17:

5 Southwest quarter northwest quarter, southwest

6 quarter.

7 Section 18:

8 South half of lot 1 of northwest quarter, lot 1

9 of southwest quarter, northeast quarter, southeast

10 quarter.

11 Section 19:

12 North half of lot 1 of northwest quarter, east

13 half northeast quarter, northwest quarter northeast

14 quarter.

15 Section 20:

16 Southwest quarter northeast quarter, northwest

17 quarter, northeast quarter southwest quarter, south18 east quarter.

19 Section 28:

20 Southwest quarter southwest quarter.

21 Section 29:

22 East half northeast quarter.

23 Section 33:

24 Northwest quarter northwest quarter, southeast

25 quarter northwest quarter.
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1 Township 14 South, Range 36 East

2 Section 31:

3 Lots 1 and 2 of southwest quarter, southwest

4 quarter southeast quarter.

5 aggregating 5,630 acres, more or less.

6 (b) AVAILABILITY OF LANDS.—Upon enactment of

7 this Act, the lands specified in subsection (a) shall be open

8 to operation of the public land laws, including the mining

9 and mineral leasing laws, only after the Secretary of the

10 Interior has published a notice in the Federal Register

11 opening such lands.

12 (c) ADDITIONAL AREA.—Section 101 of Public Law

13 102–248 is amended by inserting in subsection (b) after

14 the second sentence ‘‘The site shall also include an addi15 tional area of approximately 300 acres as demarcated as

16 the new proposed boundaries in the map dated March 8,

17 1996, entitled ‘Manzanar National Historic Site Archae18 ological Base Map’.’’.

19 SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS

20 MEMORIAL GROVE AS NATIONAL MEMORIAL.

21 (a) RECOGNITION OF SIGNIFICANCE OF THE AIDS

22 MEMORIAL GROVE.—The Congress hereby recognizes the

23 significance of the AIDS Memorial Grove located in Gold24 en Gate Park in San Francisco, California, as a memo25 rial—
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1 (1) dedicated to individuals who have died as a

2 result of acquired immune deficiency syndrome; and

3 (2) in support of individuals who are living with

4 acquired immune deficiency syndrome and their

5 loved ones and caregivers.

6 (b) DESIGNATION AS NATIONAL MEMORIAL.—Not

7 later than 90 days after the date of enactment of this Act,

8 the Secretary of the Interior shall designate the AIDS Me9 morial Grove as a national memorial.

10 TITLE VI—CIVIL AND

11 REVOLUTIONARY WAR SITES

12 SEC. 601. UNITED STATES CIVIL WAR CENTER.

13 (a) DESIGNATION.—The Civil War Center, located on

14 Raphael Semmes Drive at Louisiana State University in

15 Baton Rouge, Louisiana (hereafter in this section referred

16 to as the ‘‘center’’) shall be known and designated as the

17 ‘‘United States Civil War Center’’.

18 (b) LEGAL REFERENCES.—Any reference in any law,

19 regulation, paper, record, map, or any other document of

20 the United States to the center referred to in subsection

21 (b) shall be deemed to be a reference to the ‘‘United States

22 Civil War Center’’.

23 (c) FLAGSHIP INSTITUTIONS.—The center and the

24 Civil War Institute of Gettysburg College, located at 233

25 North Washington Street in Gettysburg, Pennsylvania,
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1 shall be the flagship institutions for planning the sesqui2 centennial commemoration of the Civil War.

3 SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.

4 (a) PURPOSE.—The purpose of this section is to pro5 vide for a center for the interpretation of the Siege and

6 Battle of Corinth and other Civil War actions in the Re7 gion and to enhance public understanding of the signifi8 cance of the Corinth Campaign in the Civil War relative

9 to the Western theater of operations, in cooperation with

10 State or local governmental entities and private organiza11 tions and individuals.

12 (b) ACQUISITION OF PROPERTY AT CORINTH, MIS13 SISSIPPI.—The Secretary of the Interior (referred to in

14 this title as the ‘‘Secretary’’) shall acquire by donation,

15 purchase with donated or appropriated funds, or ex16 change, such land and interests in land in the vicinity of

17 the Corinth Battlefield, in the State of Mississippi, as the

18 Secretary determines to be necessary for the construction

19 of an interpretive center to commemorate and interpret

20 the 1862 Civil War Siege and Battle of Corinth.

21 (c) PUBLICLY OWNED LAND.—Land and interests in

22 land owned by the State of Mississippi or a political sub23 division of the State of Mississippi may be acquired only

24 by donation.

25 (d) INTERPRETIVE CENTER AND MARKING.—
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1 (1) INTERPRETIVE CENTER.—The Secretary

2 shall construct, operate, and maintain on the prop3 erty acquired under subsection (b) a center for the

4 interpretation of the Siege and Battle of Corinth

5 and associated historical events for the benefit of the

6 public.

7 (2) MARKING.—The Secretary may mark sites

8 associated with the Siege and Battle of Corinth Na9 tional Historic Landmark, as designated on May 6,

10 1991, if the sites are determined by the Secretary to

11 be protected by State or local governmental agencies.

12 (3) ADMINISTRATION.—The land and interests

13 in land acquired, and the facilities constructed and

14 maintained pursuant to this section, shall be admin15 istered by the Secretary as a part of Shiloh National

16 Military Park, subject to the appropriate laws (in17 cluding regulations) applicable to the Park, the Act

18 entitled ‘‘An Act to establish a National Park Serv19 ice, and for other purposes’’, approved August 25,

20 1916 (16 U.S.C. 1 et seq.), and the Act entitled ‘‘An

21 Act to provide for the preservation of historic Amer22 ican sites, buildings, objects, and antiquities of na23 tional significance, and for other purposes’’, ap24 proved August 21, 1935 (16 U.S.C. 461 et seq.).
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $6,000,000 for develop3 ment to carry out this section.

4 SEC. 603. REVOLUTIONARY WAR AND WAR OF 1812 HIS5 TORIC PRESERVATION STUDY.

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

7 ‘‘Revolutionary War and War of 1812 Historic Preserva8 tion Study Act of 1996’’.

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

10 (1) Revolutionary War sites and War of 1812

11 sites provide a means for Americans to understand

12 and interpret the periods in American history during

13 which the Revolutionary War and War of 1812 were

14 fought;

15 (2) the historical integrity of many Revolution16 ary War sites and War of 1812 sites is at risk be17 cause many of the sites are located in regions that

18 are undergoing rapid urban or suburban develop19 ment; and

20 (3) it is important, for the benefit of the United

21 States, to obtain current information on the signifi22 cance of, threats to the integrity of, and alternatives

23 of the preservation and interpretation of Revolution24 ary War sites and War of 1812 sites.

25 (c) DEFINITIONS.—In this section:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means

2 the Director of the National Park Service.

3 (2) REVOLUTIONARY WAR SITE.—The term

4 ‘‘Revolutionary War site’’ means a site or structure

5 situated in the United States that is thematically

6 tied with the nationally significant events that oc7 curred during the Revolutionary War.

8 (3) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior.

10 (4) WAR OF 1812 SITE.—The term ‘‘War of

11 1812 site’’ means a site or structure situated in the

12 United States that is thematically tied with the na13 tionally significant events that occurred during the

14 War of 1812.

15 (d) STUDY.—

16 (1) PREPARATION.—The Secretary, acting

17 through the Director, shall prepare a study of Revo18 lutionary War sites and War of 1812 sites.

19 (2) MATTERS TO BE ADDRESSED.—The study

20 under subsection (b) shall—

21 (A) identify Revolutionary War sites and

22 War of 1812 sites, including sites within units

23 of the National Park System in existence on the

24 date of enactment of this Act;
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1 (B) determine the relative significance of

2 the sites;

3 (C) assess short- and long-term threats to

4 the integrity of the sites;

5 (D) provide alternatives for the preserva6 tion and interpretation of the sites by Federal,

7 State, and local governments, or other public or

8 private entities, including designation of the

9 sites as units of the National Park System; and

10 (E) research and propose land preservation

11 techniques.

12 (3) CONSULTATION.—During the preparation

13 of the study under paragraph (1), the Director shall

14 consult with—

15 (A) the Governor of each affected State;

16 (B) each affected unit of local government;

17 (C) State and local historic preservation

18 organizations;

19 (D) scholarly organizations; and

20 (E) such other interested parties as the

21 Secretary considers advisable.

22 (4) TRANSMITTAL TO CONGRESS.—Not later

23 than 2 years after the date on which funds are made

24 available to carry out the study under paragraph

25 (1), the Director shall transmit a report describing
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1 the results of the study to the Committee on Re2 sources of the House of Representatives and the

3 Committee on Energy and Natural Resources of the

4 Senate.

5 (5) REPORT.—If the Director submits a report

6 on the study to the Director of the Office of Man7 agement and Budget, the Secretary shall concur8 rently transmit copies of the report to the Commit9 tee on Resources of the House of Representatives

10 and the Committee on Energy and Natural Re11 sources of the Senate.

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this section

14 $750,000, to remain available until expended.

15 SEC. 604. AMERICAN BATTLEFIELD PROTECTION PRO16 GRAM.

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

18 ‘‘American Battlefield Protection Act of 1996’’.

19 (b) PURPOSE.—The purpose of this section is to as20 sist citizens, public and private institutions, and govern21 ments at all levels in planning, interpreting, and protect22 ing sites where historic battles were fought on American

23 soil during the armed conflicts that shaped the growth and

24 development of the United States, in order that present

25 and future generations may learn and gain inspiration
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1 from the ground where Americans made their ultimate

2 sacrifice.

3 (c) PRESERVATION ASSISTANCE.—

4 (1) IN GENERAL.—Using the established na5 tional historic preservation program to the extent

6 practicable, the Secretary of the Interior, acting

7 through the American Battlefield Protection Pro8 gram, shall encourage, support, assist, recognize,

9 and work in partnership with citizens, Federal,

10 State, local, and tribal governments, other public en11 tities, educational institutions, and private nonprofit

12 organizations in identifying, researching, evaluating,

13 interpreting, and protecting historic battlefields and

14 associated sites on a National, State, and local level.

15 (2) FINANCIAL ASSISTANCE.—To carry out

16 paragraph (1), the Secretary may use a cooperative

17 agreement, grant, contract, or other generally adopt18 ed means of providing financial assistance.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated $3,000,000 annually to

21 carry out this section, to remain available until expended.

22 (e) REPEAL.—

23 (1) IN GENERAL.—This section is repealed as

24 of the date that is 10 years after the date of enact25 ment of this section.
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1 (2) NO EFFECT ON GENERAL AUTHORITY.—

2 The Secretary may continue to conduct battlefield

3 studies in accordance with other authorities available

4 to the Secretary.

5 (3) UNOBLIGATED FUNDS.—Any funds made

6 available under this section that remain unobligated

7 shall be credited to the general fund of the Treas8 ury.

9 SEC. 605. CHICKAMAUGA AND CHATTANOOGA NATIONAL

10 MILITARY PARKS.

11 Section 1(c) of the Act entitled ‘‘An Act to authorize

12 and direct the National Park Service to assist the State

13 of Georgia in relocating a highway affecting the Chicka14 mauga and Chattanooga National Military Park in Geor15 gia’’, approved December 24, 1987 (101 Stat. 1442), is

16 amended by striking ‘‘$30,000,000’’ and inserting

17 ‘‘$51,900,000’’.

18 SEC. 606. SHENANDOAH VALLEY BATTLEFIELDS.

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

20 ‘‘Shenandoah Valley Battlefields National Historic Dis21 trict and Commission Act of 1996’’.

22 (b) CONGRESSIONAL FINDINGS.—The Congress finds

23 that—
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1 (1) there are situated in the Shenandoah Valley

2 in the Commonwealth of Virginia the sites of several

3 key Civil War battles;

4 (2) certain sites, battlefields, structures, and

5 districts in the Shenandoah Valley are collectively of

6 national significance in the history of the Civil War;

7 (3) in 1992, the Secretary of the Interior issued

8 a comprehensive study of significant sites and struc9 tures associated with Civil War battles in the Shen10 andoah Valley, and found that many of the sites

11 within the Shenandoah Valley possess national sig12 nificance and retain a high degree of historical in13 tegrity;

14 (4) the preservation and interpretation of these

15 sites will make a vital contribution to the under16 standing of the heritage of the United States;

17 (5) the preservation of Civil War sites within a

18 regional framework requires cooperation among local

19 property owners and Federal, State, and local gov20 ernment entities; and

21 (6) partnerships between Federal, State, and

22 local governments, the regional entities of such gov23 ernments, and the private sector offer the most ef24 fective opportunities for the enhancement and man-
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1 agement of the Civil War battlefields and related

2 sites in the Shenandoah Valley.

3 (c) STATEMENT OF PURPOSE.—The purposes of this

4 section are to—

5 (1) preserve, conserve, and interpret the legacy

6 of the Civil War in the Shenandoah Valley;

7 (2) recognize and interpret important events

8 and geographic locations representing key Civil War

9 battles in the Shenandoah Valley, including those

10 battlefields associated with the Thomas J. (Stone11 wall) Jackson campaign of 1862 and the decisive

12 campaigns of 1864;

13 (3) recognize and interpret the effect of the

14 Civil War on the civilian population of the Shen15 andoah Valley during the war and postwar recon16 struction period; and

17 (4) create partnerships among Federal, State,

18 and local governments, the regional entities of such

19 governments, and the private sector to preserve, con20 serve, enhance, and interpret the nationally signifi21 cant battlefields and related sites associated with the

22 Civil War in the Shenandoah Valley.

23 (d) DEFINITIONS.—As used in this section:
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1 (1) The term ‘‘District’’ means the Shenandoah

2 Valley Battlefields National Historic District estab3 lished by section 5.

4 (2) The term ‘‘Commission’’ means the Shen5 andoah Valley Battlefields National Historic District

6 Commission established by section 9.

7 (3) The term ‘‘plan’’ means the Shenandoah

8 Valley Battlefields National Historic District Com9 mission plan approved by the Secretary under sec10 tion 6.

11 (4) The term ‘‘management entity’’ means a

12 unit of government or nonprofit organization des13 ignated by the plan to manage and administer the

14 District.

15 (5) The term ‘‘Secretary’’ means the Secretary

16 of the Interior.

17 (6) The term ‘‘Shenandoah Valley’’ means the

18 Shenandoah Valley in the Commonwealth of Vir19 ginia.

20 (e) SHENANDOAH VALLEY BATTLEFIELDS NA21 TIONAL HISTORIC DISTRICT.—

22 (1) ESTABLISHMENT.—To carry out the pur23 poses of this section, there is hereby established the

24 Shenandoah Valley Battlefields National Historic

25 District in the Commonwealth of Virginia.
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1 (2) BOUNDARIES.—(A) The corridor shall con2 sist of lands and interests therein as generally de3 picted on the map entitled ‘‘Shenandoah Valley Na4 tional Battlefields’’, numbered SHVA/80,000, and

5 dated April 1994.

6 (B) The District shall consist of historic trans7 portation routes linking the units depicted on the

8 map referred to in subparagraph (A).

9 (C) The map referred to in subparagraph (A)

10 shall be on file and available for public inspection in

11 the offices of the Commission, the management en12 tity, and in the appropriate offices of the National

13 Park Service.

14 (f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL

15 HISTORIC DISTRICT PLAN.—

16 (1) IN GENERAL.—The District shall be man17 aged and administered by the Commission and the

18 management entity in accordance with the purposes

19 of this Act and the Shenandoah Valley Battlefields

20 National Historic District plan developed by the

21 Commission and approved by the Secretary, as pro22 vided in this subsection.

23 (2) SPECIFIC PROVISIONS.—The plan shall in24 clude—
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1 (A) an inventory which includes any prop2 erty in the District which should be preserved,

3 restored, managed, maintained, or acquired be4 cause of its national historic significance;

5 (B) provisions for the protection and inter6 pretation of the natural, cultural, and historic

7 resources of the District consistent with the

8 purposes of this section;

9 (C) provisions for the establishment of a

10 management entity which shall be a unit of gov11 ernment or a private nonprofit organization

12 that administers and manages the District con13 sistent with the plan, and possesses the legal

14 ability to—

15 (i) receive Federal funds and funds

16 from other units of government or other

17 organizations for use in preparing and im18 plementing the management plan;

19 (ii) disburse Federal funds to other

20 units of government or other nonprofit or21 ganizations for use in preparing and imple22 menting the plan;

23 (iii) enter into agreements with the

24 Federal, State, or other units of govern25 ment and nonprofit organizations;
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1 (iv) acquire lands or interests therein

2 by gift or devise, or by purchase from a

3 willing seller using donated or appropriated

4 funds, or by donation and no lands or in5 terests therein may be acquired by con6 demnation; and

7 (v) make such reasonable and nec8 essary modifications to the plan which

9 shall be approved by the Secretary;

10 (D) recommendations to the Common11 wealth of Virginia (and political subdivisions

12 thereof) for the management, protection, and

13 interpretation of the natural, cultural, and his14 torical resources of the District;

15 (E) identification of appropriate partner16 ships between the Federal, State, and local gov17 ernments and regional entities, and the private

18 sector, in furtherance of the purposes of this

19 section;

20 (F) locations for visitor contact and major

21 interpretive facilities;

22 (G) provisions for implementing a continu23 ing program of interpretation and visitor edu24 cation concerning the resources and values of

25 the District;
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1 (H) provisions for a uniform historical

2 marker and wayside exhibit program in the Dis3 trict, including a provision for marking, with

4 the consent of the owner, historic structures

5 and properties that are contained within the

6 historic core areas and contribute to the under7 standing of the District;

8 (I) recommendations for means of ensuring

9 continued local involvement and participation in

10 the management, protection, and development

11 of the District; and

12 (J) provisions for appropriate living history

13 demonstrations and battlefield reenactments.

14 (3) PREPARATION OF DRAFT PLAN.—(A) Not

15 later than 3 years after the date on which the Com16 mission conducts its first meeting, the Commission

17 shall submit to the Secretary a draft plan that meets

18 the requirements of paragraph (2).

19 (B) Prior to submitting the draft plan to the

20 Secretary, the Commission shall ensure that—

21 (i) the Commonwealth of Virginia, and any

22 political subdivision thereof that would be af23 fected by the plan, receives a copy of the draft

24 plan;
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1 (ii) adequate notice of the availability of

2 the draft plan is provided through publication

3 in appropriate local newspapers in the area of

4 the District; and

5 (iii) at least 1 public hearing in the vicinity

6 of the District is conducted by the Commission

7 with respect to the draft plan.

8 (4) REVIEW OF THE PLAN BY THE SEC9 RETARY.—The Secretary shall review the draft plan

10 submitted under paragraph (3) and, not later than

11 90 days after the date on which the draft plan is

12 submitted, shall either—

13 (A) approve the draft plan as the plan if

14 the Secretary finds that the plan, when imple15 mented, would adequately protect the signifi16 cant historical and cultural resources of the

17 District; or

18 (B) reject the draft plan and advise the

19 Commission in writing of the reasons therefore

20 and indicate any recommendations for revisions

21 that would make the draft plan acceptable.

22 (g) DUTIES OF THE SECRETARY.—

23 (1) IN GENERAL.—The Secretary may award

24 grants, provide technical assistance and enter into

25 cooperative agreements with the Commission, man-
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1 agement entity, other units of government, or other

2 persons to provide for the preservation and interpre3 tation of the natural, cultural, and historical re4 sources within the District.

5 (2) TECHNICAL ASSISTANCE.—The Secretary

6 may make grants, provide technical assistance, and

7 enter into cooperative agreements for—

8 (A) the preparation and implementation of

9 the plan pursuant to subsection (f);

10 (B) interpretive and educational programs;

11 (C) acquiring lands or interests in lands

12 from willing sellers;

13 (D) capital projects and improvements un14 dertaken pursuant to the plan; and

15 (E) facilitating public access to historic re16 sources within the District.

17 (3) EARLY ACTIONS.—After enactment of this

18 Act but prior to approval of the plan, the Secretary

19 may provide technical and financial assistance for

20 early actions which are important to the purposes of

21 this Act and which protect and preserve resources in

22 imminent danger of irreversible damage but for the

23 fact of such early action.

24 (4) ACQUISITION OF LAND.—The Secretary

25 may acquire land and interests in lands from a will-
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1 ing seller or donee within the District that have been

2 specifically identified by the Commission for acquisi3 tion by the Federal Government. No lands or inter4 ests therein may be acquired by condemnation.

5 (5) DETAIL.—Each fiscal year during the exist6 ence of the Commission and upon request of the

7 Commission, the Secretary shall detail to the Com8 mission, on a nonreimbursable basis, 2 employees of

9 the Department of the Interior to enable the Com10 mission to carry out the Commission’s duties under

11 section 9. Such detail shall be without interruption

12 or loss of civil service status, benefits, or privileges.

13 (6) REPORT.—Not later than 2 years after ap14 proval of the plan, the Secretary shall submit to

15 Congress a report recommending whether the Dis16 trict or components thereof meet the criteria for des17 ignation as a unit of the National Park Service.

18 (7) OTHER ASSISTANCE.—Nothing in this sec19 tion shall be deemed to prohibit the Secretary or

20 units of government from providing technical or fi21 nancial assistance under any other provision of law.

22 (h) SHENANDOAH VALLEY BATTLEFIELDS NA23 TIONAL HISTORIC DISTRICT COMMISSION.—
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1 (1) ESTABLISHMENT.—There is hereby estab2 lished the Shenandoah Valley Battlefields National

3 Historic District Commission.

4 (2) MEMBERSHIP.—The Commission shall be

5 composed of 19 members, to be appointed by the

6 Secretary as follows:

7 (A) 5 members representing local govern8 ments of communities in the vicinity of the Dis9 trict, appointed after the Secretary considers

10 recommendations made by appropriate local

11 governing bodies.

12 (B) 10 members representing property

13 owners within the District (1 member within

14 each unit of the battlefields).

15 (C) 1 member with demonstrated expertise

16 in historic preservation.

17 (D) 1 member who is a recognized histo18 rian with expertise in Civil War history.

19 (E) The Governor of Virginia, or a des20 ignee of the Governor, ex officio.

21 (F) The Director of the National Park

22 Service, or a designee of the Director, ex officio.

23 (3) APPOINTMENTS.—Members of the Commis24 sion shall be appointed for terms of 3 years. Any

25 member of the Commission appointed for a definite
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1 term may serve after the expiration of the term until

2 the successor of the member is appointed.

3 (4) ELECTION OF OFFICERS.—The Commission

4 shall elect 1 of its members as Chairperson and 1

5 as Vice Chairperson. The Vice Chairperson shall

6 serve as Chairperson in the absence of the Chair7 person.

8 (5) VACANCY.—Any vacancy on the Commis9 sion shall be filled in the same manner in which the

10 original appointment was made, except that the Sec11 retary shall fill any vacancy within 30 days after the

12 vacancy occurs.

13 (6) QUORUM.—Any majority of the Commission

14 shall constitute a quorum.

15 (7) MEETINGS.—The Commission shall meet at

16 the call of the Chairperson or a majority of the

17 members of the Commission, but not less than quar18 terly. Notice of the Commission meetings and agen19 das for the meetings shall be published in local

20 newspapers that have a distribution throughout the

21 Shenandoah Valley. Meetings of the Commission

22 shall be subject to section 552b of title 5, United

23 States Code (relating to open meetings).

24 (8) STAFF OF THE COMMISSION.—The Commis25 sion shall have the power to appoint and fix the
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1 compensation of such staff as may be necessary to

2 carry out its duties.

3 (9) ADMINISTRATIVE SUPPORT SERVICES.—The

4 Administrator of the General Services Administra5 tion shall provide to the Commission, without reim6 bursement, such administrative support services as

7 the Commission may request.

8 (10) FEDERAL AGENCIES.—Upon request of

9 the Commission, the head of any Federal agency

10 may detail to the Commission or management entity,

11 without reimbursement, personnel of the agency to

12 assist the commission or management entity in car13 rying out its duties and such detail shall be without

14 interruption or loss of civil service status, benefits,

15 or privileges.

16 (11) SUBPOENAS.—The Commission may not

17 issue subpoenas or exercise any subpoena authority.

18 (12) EXPENSES.—Members of the Commission

19 shall serve without compensation, but the Secretary

20 may reimburse members for expenses reasonably in21 curred in carrying out the responsibilities of the

22 Commission under this Act.

23 (13) MAILS.—The Commission may use the

24 United States mails in the same manner and under
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1 the same conditions as other departments and agen2 cies of the United States.

3 (14) GIFTS.—The Commission may, for pur4 poses of carrying out the duties of the Commission,

5 seek, accept, and dispose of gifts, bequests, or dona6 tions of money, personal or real property, or services

7 received from any source.

8 (15) TERMINATION.—The Commission shall

9 terminate at the expiration of the 45-day period be10 ginning on the date on which the Secretary approves

11 the plan under subsection (f)(4).

12 (i) DUTIES OF THE COMMISSION.—

13 (1) IN GENERAL.—The Commission shall—

14 (A) develop the plan and draft plan re15 ferred to in subsection (f), in consultation with

16 the Secretary;

17 (B) assist the Commonwealth of Virginia,

18 and any political subdivision thereof, in the

19 management, protection, and interpretation of

20 the natural, cultural, and historical resources

21 within the District, except that the Commission

22 shall in no way infringe upon the authorities

23 and policies of the Commonwealth of Virginia

24 or any political subdivision; and
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1 (C) take appropriate action to encourage

2 protection of the natural, cultural, and historic

3 resources within the District by landowners,

4 local governments, organizations, and busi5 nesses.

6 (j) AUTHORIZATION OF APPROPRIATION.—

7 (1) IN GENERAL.—From the amounts made

8 available to carry out the National Historic Preser9 vation Act, there are authorized to be appropriated

10 to the Commission not more than $250,000 annually

11 to remain available until expended.

12 (2) ASSISTANCE.—(A) From the amounts made

13 available to carry out the National Historic Preser14 vation Act, there are authorized to be appropriated

15 to the Secretary for grants and technical assistance

16 pursuant to subsections (g) (1), (2), and (3) not

17 more than $2,000,000 annually to remain available

18 until expended.

19 (B) The Federal share of any funds awarded

20 under subsection (g)(2) may not exceed the amount

21 of non-Federal funds provided for the preservation,

22 interpretation, planning, development, or implemen23 tation with respect to which the grant is awarded.

24 (3) LAND ACQUISITION.—From the amounts

25 made available to carry out the National Historic
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1 Preservation Act, there are authorized to be appro2 priated for land acquisition pursuant to subsection

3 (g)(4) not more than $2,000,000 annually to remain

4 available until expended.

5 (4) MANAGEMENT ENTITY.—From the amounts

6 made available to carry out the National Historic

7 Preservation Act, there are authorized to be appro8 priated to the management entity not more than

9 $500,000 annually to remain available until ex10 pended.

11 SEC. 607. WASHITA BATTLEFIELD.

12 (a) FINDINGS AND PURPOSES.—

13 (1) FINDINGS.—The Congress finds that—

14 (A) the Battle of the Washita, November

15 27, 1868, was one of the largest engagements

16 between Plains tribes and the United States

17 Army on the Southern Great Plains. The site is

18 a registered National Historic Landmark;

19 (B) Lt. Colonel George A. Custer, leading

20 the 7th United States Cavalry, attacked the

21 sleeping Cheyenne village of peace chief Black

22 Kettle. Custer’s attack resulted in more than

23 150 Indian casualties, many of them women

24 and children;
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1 (C) the Battle of the Washita symbolizes

2 the struggle of the Southern Great Plains tribes

3 to maintain their traditional lifeways and not to

4 submit to reservation confinement; and

5 (D) the Washita battle site possesses a

6 high degree of integrity and the cultural land7 scape is essentially intact. The Cheyenne village

8 site has not been altered substantially except by

9 periodic flooding of the Washita River.

10 (2) PURPOSES.—The purposes of this section

11 are to—

12 (A) recognize the importance of the Battle

13 of the Washita as a nationally significant ele14 ment of frontier military history and as a sym15 bol of the struggles of the Southern Great

16 Plains tribes to maintain control of their tradi17 tional use areas; and

18 (B) establish the site of the Battle of the

19 Washita as a national historic site and provide

20 opportunities for American Indian groups in21 cluding the Cheyenne-Arapaho Tribe to be in22 volved in the formulation of plans and edu23 cational programs for the national historic site.

24 (b) ESTABLISHMENT.—
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1 (1) IN GENERAL.—In order to provide for the

2 preservation and interpretation of the Battle of the

3 Washita, there is hereby established the Washita

4 Battlefield National Historic Site in the State of

5 Oklahoma (hereafter in this section referred to as

6 the ‘‘national historic site’’).

7 (2) BOUNDARY.—

8 (A) IN GENERAL.—The national historic

9 site shall consist of—

10 (i) approximately 326 acres, as gen11 erally depicted on the map entitled

12 ‘‘Washita Battlefield National Historic

13 Site’’, numbered 22,000A and dated 12/95;

14 and

15 (ii) the private lands subject to con16 servation easements referred to in sub17 section (d)(2).

18 (B) MAP.—The map referred to in sub19 paragraph (A)(i) shall be on file in the offices

20 of the Director of the National Park Service,

21 Department of the Interior, and other appro22 priate offices of the National Park Service. The

23 Secretary of the Interior (hereafter in this sec24 tion referred to as the ‘‘Secretary’’) may, from

25 time to time, make minor revisions in the
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1 boundary of the national historic site in accord2 ance with section 7(c) of the Land and Water

3 Conservation Act of 1965 (16 U.S.C. 460l–4 et

4 seq.).

5 (c) ADMINISTRATION.—

6 (1) IN GENERAL.—The Secretary, acting

7 through the Director of the National Park Service,

8 shall manage the national historic site in accordance

9 with this section and the provisions of law generally

10 applicable to units of the National Park System, in11 cluding ‘‘An Act to establish a National Park Serv12 ice, and for other purposes’’, approved August 25,

13 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act

14 of August 21, 1935 (49 Stat. 666; U.S.C. 461–467).

15 (2) MANAGEMENT PURPOSES.—The Secretary

16 shall manage the national historic site for the follow17 ing purposes, among others:

18 (A) To protect and preserve the national

19 historic site, including the topographic features

20 important to the battle site, artifacts and other

21 physical remains of the battle, and the visual

22 scene as closely as possible as it was at the time

23 of the battle.

24 (B) To interpret the cultural and natural

25 resources of the historic site, providing for pub-
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1 lic understanding and appreciation of the area

2 in such manner as to perpetuate these qualities

3 and values for future generations.

4 (3) CONSULTATION AND TRAINING.—The Sec5 retary, acting through the Director of the National

6 Park Service, shall consult regularly with the Chey7 enne-Arapaho Tribe on the formulation of the man8 agement plan provisions referred to in subsection

9 (e)(5) and on preparation of educational programs

10 provided to the public. The Secretary is authorized

11 to enter into cooperative agreements with the Chey12 enne-Arapaho Tribe, its subordinate boards, commit13 tees, enterprises, and traditional leaders to further

14 the purposes of this Act.

15 (d) ACQUISITION OF PROPERTY.—

16 (1) PARK BOUNDARIES.—Within the boundaries

17 of the national historic site, the Secretary is author18 ized to acquire lands and interests in lands by dona19 tion, purchase with donated or appropriated funds,

20 or exchange, except that—

21 (A) no lands or interests in lands within

22 the historic site may be acquired without the

23 consent of the owner thereof, and
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1 (B) lands and interests in lands owned by

2 the State of Oklahoma or any political subdivi3 sion thereof may be acquired only by donation.

4 (2) CONSERVATION EASEMENTS.—The Con5 gress finds that the State of Oklahoma, acting

6 through the Oklahoma Historical Society, will work

7 with local land owners to acquire and hold in per8 petuity conservation easements in the vicinity of the

9 national historic site as deemed necessary for the

10 visual and interpretive integrity of the site. The in11 tent of the easements will be to keep occupancy of

12 the land in private ownership and use of the land in

13 general agriculture.

14 (e) MANAGEMENT PLAN.—Within 5 years after the

15 date funds are made available for purposes of this section,

16 the Secretary, acting through the Director of the National

17 Park Service, shall prepare a general management plan

18 for the national historic site. The plan shall address, but

19 not be limited to, each of the following:

20 (1) A resource protection program.

21 (2) A visitor use plan including programs and

22 facilities that will be provided for public use, includ23 ing the location and cost of public facilities.

24 (3) A research and curation plan.

25 (4) A highway signing program.
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1 (5) Involvement by the Cheyenne-Arapaho

2 Tribe in the formulation of educational programs for

3 the national historic site.

4 (6) Involvement by the State of Oklahoma and

5 other local and national entities willing to share in

6 the responsibilities of developing and supporting the

7 national historic site.

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to carry out this section

10 for land acquisition and development not more than

11 $5,000,000.

12 TITLE VII—FEES

13 SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

14 (a) The Secretary of Agriculture shall charge a rental

15 charge for all ski area permits issued pursuant to section

16 3 of the National Forest Ski Area Permit Act of 1986

17 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.

18 1101, chapter 144; 16 U.S.C. 497), or the 9th through

19 20th paragraphs under the heading ‘‘SURVEYING THE

20 PUBLIC LANDS’’ under the heading ‘‘UNDER THE

21 DEPARTMENT OF THE INTERIOR’’ in the Act of

22 June 4, 1897 (30 Stat. 34, chapter 2), on National Forest

23 System lands. Permit rental charges for permits issued

24 pursuant to the National Forest Ski Area Permit Act of

25 1986 shall be calculated as set forth in subsection (b).
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1 Permit rental charges for existing ski area permits issued

2 pursuant to the Act of March 4, 1915, and the Act of

3 June 4, 1897, shall be calculated in accordance with those

4 existing permits: Provided, That a permittee may, at the

5 permittee’s option, use the calculation method set forth

6 in subsection (b).

7 (b)(1) The ski area permit rental charge (SAPRC)

8 shall be calculated by adding the permittee’s gross reve9 nues from lift ticket/year-round ski area use pass sales

10 plus revenue from ski school operations (LT+SS) and

11 multiplying such total by the slope transport feet percent12 age (STFP) on National Forest System land. That

13 amount shall be increased by the gross year-round revenue

14 from ancillary facilities (GRAF) physically located on na15 tional forest land, including all permittee or subpermittee

16 lodging, food service, rental shops, parking and other an17 cillary operations, to determine the adjusted gross revenue

18 (AGR) subject to the permit rental charge. The final rent19 al charge shall be calculated by multiplying the AGR by

20 the following percentages for each revenue bracket and

21 adding the total for each revenue bracket:

22 (A) 1.5 percent of all adjusted gross revenue

23 below $3,000,000;

24 (B) 2.5 percent for adjusted gross revenue be25 tween $3,000,000 and $15,000,000;
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1 (C) 2.75 percent for adjusted gross revenue be2 tween $15,000,000 and $50,000,000; and

3 (D) 4.0 percent for the amount of adjusted

4 gross revenue that exceeds $50,000,000.

5 Utilizing the abbreviations indicated in this subsection the

6 ski area permit fee (SAPF) formula can be simply illus7 trated as:

SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS

8 (2) In cases where ski areas are only partially located

9 on national forest lands, the slope transport feet percent10 age on national forest land referred to in subsection (b)

11 shall be calculated as generally described in the Forest

12 Service Manual in effect as of January 1, 1992. Revenues

13 from Nordic ski operations shall be included or excluded

14 from the rental charge calculation according to the per15 centage of trails physically located on national forest land.

16 (3) In order to ensure that the rental charge remains

17 fair and equitable to both the United States and the ski

18 area permittees, the adjusted gross revenue figures for

19 each revenue bracket in paragraph (1) shall be adjusted

20 annually by the percent increase or decrease in the na21 tional Consumer Price Index for the preceding calendar

22 year. No later than 3 years after the date of enactment

23 of this Act and every 5 years thereafter the Secretary shall

24 submit 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 a report analyzing whether the ski area permit rental

3 charge legislated by this Act is returning a fair market

4 value rental to the United States together with any rec5 ommendations the Secretary may have for modifications

6 of the system.

7 (c) The rental charge set forth in subsection (b) shall

8 be due on June 1 of each year and shall be paid or prepaid

9 by the permittee on a monthly, quarterly, annual or other

10 schedule as determined appropriate by the Secretary in

11 consultation with the permittee. Unless mutually agreed

12 otherwise by the Secretary and the permittee, the payment

13 or prepayment schedule shall conform to the permittee’s

14 schedule in effect prior to enactment of this Act. To re15 duce costs to the permittee and the Forest Service, the

16 Secretary shall each year provide the permittee with a

17 standardized form and worksheets (including annual rent18 al charge calculation brackets and rates) to be used for

19 rental charge calculation and submitted with the rental

20 charge payment. Information provided on such forms shall

21 be compiled by the Secretary annually and kept in the Of22 fice of the Chief, United States Forest Service.

23 (d) The ski area permit rental charge set forth in this

24 section shall become effective on June 1, 1996 and cover

25 receipts retroactive to June 1, 1995: Provided, That if a
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1 permittee has paid rental charges for the period June 1,

2 1995, to June 1, 1996, under the graduated rate rental

3 charge system formula in effect prior to the date of enact4 ment of this Act, such rental charges shall be credited to5 ward the new rental charge due on June 1, 1996. In order

6 to ensure increasing rental charge receipt levels to the

7 United States during transition from the graduated rate

8 rental charge system formula to the formula of this Act,

9 the rental charge paid by any individual permittee shall

10 be—

11 (1) for the 1995–1996 permit year, either the

12 rental charge paid for the preceding 1994–1995

13 base year or the rental charge calculated pursuant

14 to this Act, whichever is higher;

15 (2) for the 1996–1997 permit year, either the

16 rental charge paid for the 1994–1995 base year or

17 the rental charge calculated pursuant to this Act,

18 whichever is higher; and

19 (3) for the 1997–1998 permit year, either the

20 rental charge for the 1994–1995 base year or the

21 rental charge calculated pursuant to this Act, which22 ever is higher.

23 If an individual permittee’s adjusted gross revenue for the

24 1995–1996, 1996–1997, or 1997–1998 permit years falls

25 more than 10 percent below the 1994–1995 base year, the
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1 rental charge paid shall be the rental charge calculated

2 pursuant to this Act.

3 (e) Under no circumstances shall revenue, or sub4 permittee revenue (other than lift ticket, area use pass,

5 or ski school sales) obtained from operations physically lo6 cated on non-national forest land be included in the ski

7 area permit rental charge calculation.

8 (f) To reduce administrative costs of ski area permit9 tees and the Forest Service the terms ‘‘revenue’’ and

10 ‘‘sales’’, as used in this section, shall mean actual income

11 from sales and shall not include sales of operating equip12 ment, refunds, rent paid to the permittee by sublessees,

13 sponsor contributions to special events or any amounts at14 tributable to employee gratuities or employee lift tickets,

15 discounts, or other goods or services (except for bartered

16 goods and complimentary lift tickets) for which the per17 mittee does not receive money.

18 (g) In cases where an area of national forest land

19 is under a ski area permit but the permittee does not have

20 revenue or sales qualifying for rental charge payment pur21 suant to subsection (a), the permittee shall pay an annual

22 minimum rental charge of $2 for each national forest acre

23 under permit or a percentage of appraised land value, as

24 determined appropriate by the Secretary.
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1 (h) Where the new rental charge provided for in sub2 section (b)(1) results in an increase in permit rental

3 charge greater than one-half of 1 percent of the permit4 tee’s adjusted gross revenue as determined under sub5 section (b)(1), the new rental charge shall be phased in

6 over a five-year period in a manner providing for increases

7 of approximately equal increments.

8 (i) To reduce Federal costs in administering the pro9 visions of this Act, the reissuance of a ski area permit

10 to provide activities similar in nature and amount to the

11 activities provided under the previous permit shall not con12 stitute a major Federal action for the purposes of the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4331

14 et seq.).

15 (j) Subject to valid existing rights, all lands located

16 within the boundaries of ski area permits issued prior to,

17 on or after the date of enactment of this Act pursuant

18 to authority of the Act of March 4, 1915 (38 Stat. 1101,

19 chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897,

20 or the National Forest Ski Area Permit Act of 1986 (16

21 U.S.C. 497b) are hereby and henceforth automatically

22 withdrawn from all forms of appropriation under the min23 ing laws and from disposition under all laws pertaining

24 to mineral and geothermal leasing and all amendments

25 thereto. Such withdrawal shall continue for the full term
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1 of the permit and any modification, reissuance, or renewal

2 thereof. Unless the Secretary requests otherwise of the

3 Secretary of the Interior, such withdrawal shall be can4 celed automatically upon expiration or other termination

5 of the permit and the land automatically restored to all

6 appropriation not otherwise restricted under the public

7 land laws.

8 SEC. 702. DELAWARE WATER GAP.

9 (a) IN GENERAL.—Effective at noon on September

10 30, 2005, the use of Highway 209 within Delaware Water

11 Gap National Recreation Area by commercial vehicles,

12 when such use is not connected with the operation of the

13 recreation area, is prohibited, except as provided in sub14 section (b).

15 (b) LOCAL BUSINESS USE PROTECTED.—Subsection

16 (a) does not apply with respect to the use of commercial

17 vehicles to serve businesses located within or in the vicinity

18 of the recreation area, as determined by the Secretary.

19 (c) CONFORMING PROVISIONS.—

20 (1) Paragraphs (1) through (3) of the third un21 designated paragraph under the heading ‘‘ADMIN22 ISTRATIVE PROVISIONS’’ in chapter VII of title

23 I of Public Law 98–63 (97 Stat. 329) are repealed,

24 effective September 30, 2005.
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1 (2) Prior to noon on September 30, 2005, the

2 Secretary shall collect and utilize a commercial use

3 fee from commercial vehicles in accordance with

4 paragraphs (1) through (3) of such third undesig5 nated paragraph. Such fee shall not exceed $25 per

6 trip.

7 SEC. 703. GLACIER BAY NATIONAL PARK.

8 Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–

9 2(g)) is amended by: striking ‘‘and park programs’’ and

10 inserting the following at the end: ‘‘Sixty percent of the

11 fees paid by permittees for the privilege of entering into

12 Glacier Bay for the period beginning on the first full fiscal

13 year following the date of enactment of this sentence shall

14 be deposited into a special account and that such funds

15 shall be available—

16 ‘‘(1) to the extent determined necessary, to ac17 quire and preposition necessary and adequate emer18 gency response equipment to prevent harm or the

19 threat of harm to aquatic park resources from per20 mittees; and

21 ‘‘(2) to conduct investigations to quantify any

22 effect of permittees’ activity on wildlife and other

23 natural resource values of Glacier Bay National

24 Park. The investigations provided for in this sub25 section shall be designed to provide information of
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1 value to the Secretary, in determining any appro2 priate limitations on permittees’ activity in Glacier

3 Bay. The Secretary may not impose any additional

4 permittee operating conditions in the areas of air,

5 water, and oil pollution beyond those determined and

6 enforced by other appropriate agencies. When com7 petitively awarding permits to enter Glacier Bay, the

8 Secretary may take into account the relative impact

9 particular permittees will have on park values and

10 resources, provided that no operating conditions or

11 limitations relating to noise abatement shall be im12 posed unless the Secretary determines, based on the

13 weight of the evidence from all available studies in14 cluding verifiable scientific information from the in15 vestigations provided for in this subsection, that

16 such limitations or conditions are necessary to pro17 tect park values and resources. Fees paid by certain

18 permittees for the privilege of entering into Glacier

19 Bay shall not exceed $5 per passenger. For the pur20 poses of this subsection, ‘certain permittee’ shall

21 mean a permittee which provides overnight accom22 modations for at least 500 passengers for an itin23 erary of at least 3 nights, and ‘permittee’ shall mean

24 a concessionaire providing visitor services within

25 Glacier Bay. Nothing in this subsection authorizes
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1 the Secretary to require additional categories of per2 mits in, or otherwise increase the number of permits

3 to enter Glacier Bay National Park.’’.

4 TITLE VIII—MISCELLANEOUS

5 ADMINISTRATIVE AND MAN6 AGEMENT PROVISIONS

7 SEC. 801. LIMITATION ON PARK BUILDINGS.

8 The 10th undesignated paragraph (relating to a limi9 tation on the expenditure of funds for park buildings)

10 under the heading ‘‘MISCELLANEOUS OBJECTS, DE11 PARTMENT OF THE INTERIOR’’, which appears

12 under the heading ‘‘UNDER THE DEPARTMENT OF

13 THE INTERIOR’’, as contained in the first section of

14 the Act of August 24, 1912 (37 Stat. 460), as amended

15 (16 U.S.C. 451), is hereby repealed.

16 SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF

17 CHILDREN.

18 The first section of the Act of August 7, 1946 (16

19 U.S.C. 17j–2), is amended by adding at the end the follow20 ing:

21 ‘‘(j) Provide transportation for children in nearby

22 communities to and from any unit of the National Park

23 System used in connection with organized recreation and

24 interpretive programs of the National Park Service.’’.
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1 SEC. 803. FERAL BURROS AND HORSES.

2 (a) VEHICLES AND AIRCRAFT.—Section 9 of the Act

3 of December 15, 1971 (16 U.S.C. 1338a), is amended by

4 adding at the end thereof the following: ‘‘Nothing in this

5 title shall be deemed to limit the authority of the Secretary

6 in the management of units of the National Park System,

7 and the Secretary may, without regard either to the provi8 sions of this title, or the provisions of section 47(a) of title

9 18, United States Code, use motor vehicles, fixed-wing air10 craft, or helicopters, or to contract for such use, in fur11 therance of the management of the National Park System,

12 and section 47(a) of title 18, United States Code, shall

13 be applicable to such use.’’.

14 (b) OZARK NATIONAL SCENIC RIVERWAYS.—Section

15 7 of the Act entitled ‘‘An Act to provide for the establish16 ment of the Ozark National Scenic Riverways in the State

17 of Missouri, and for other purposes’’, approved August 27,

18 1964 (16 U.S.C. 460m–6), is amended to read as follows:

19 ‘‘SEC. 7. (a) The Secretary, in accordance with this

20 section, shall allow free-roaming horses in the Ozark Na21 tional Scenic Riverways. Within 180 days after enactment

22 of this section, the Secretary shall enter into an agreement

23 with the Missouri Wild Horse League or another qualified

24 nonprofit entity to provide for management of free-roam25 ing horses. The agreement shall provide for cost-effective

26 management of the horses and limit Federal expenditures
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1 to the costs of monitoring the agreement. The Secretary

2 shall issue permits for adequate pastures to accommodate

3 the historic population level of the free-roaming horse

4 herd, which shall be not less than the number of horses

5 in existence on the date of the enactment of this section

6 nor more than 50.

7 ‘‘(b) The Secretary may not remove, or assist in, or

8 permit the removal of any free-roaming horses from Fed9 eral lands within the boundary of the Ozark National Sce10 nic Riverways unless—

11 ‘‘(1) the entity with whom the Secretary has

12 entered into the agreement under subsection (a), fol13 lowing notice and a 90-day response period, substan14 tially fails to meet the terms and conditions of the

15 agreement;

16 ‘‘(2) the number of free-roaming horses exceeds

17 50; or

18 ‘‘(3) in the case of an emergency or to protect

19 public health and safety, as defined in the agree20 ment.

21 ‘‘(c) Nothing in this section shall be construed as cre22 ating liability for the United States for any damages

23 caused by the free-roaming horses to property located in24 side or outside the boundaries of the Ozark National Sce25 nic Riverways.’’.
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1 SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTE2 RIOR RELATING TO MUSEUMS.

3 (a) FUNCTIONS.—The Act entitled ‘‘An Act to in4 crease the public benefits from the National Park System

5 by facilitating the management of museum properties re6 lating thereto, and for other purposes’’ approved July 1,

7 1955 (16 U.S.C. 18f), is amended—

8 (1) in subsection (b) of the first section, by

9 striking out ‘‘from such donations and bequests of

10 money’’; and

11 (2) by adding at the end thereof the following:

12 ‘‘SEC. 2. ADDITIONAL FUNCTIONS.

13 ‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.—In ad14 dition to the functions specified in the first section of this

15 Act, the Secretary of the Interior may perform the follow16 ing functions in such manner as he shall consider to be

17 in the public interest:

18 ‘‘(1) Transfer museum objects and museum col19 lections that the Secretary determines are no longer

20 needed for museum purposes to qualified Federal

21 agencies, including the Smithsonian Institution, that

22 have programs to preserve and interpret cultural or

23 natural heritage, and accept the transfer of museum

24 objects and museum collections for the purposes of

25 this Act from any other Federal agency, without re26 imbursement. The head of any other Federal agency
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1 may transfer, without reimbursement, museum ob2 jects and museum collections directly to the adminis3 trative jurisdiction of the Secretary of the Interior

4 for the purpose of this Act.

5 ‘‘(2) Convey museum objects and museum col6 lections that the Secretary determines are no longer

7 needed for museum purposes, without monetary con8 sideration but subject to such terms and conditions

9 as the Secretary deems necessary, to private institu10 tions exempt from Federal taxation under section

11 501(c)(3) of the Internal Revenue Code of 1986 and

12 to non-Federal governmental entities if the Secretary

13 determines that the recipient is dedicated to the

14 preservation and interpretation of natural or cultural

15 heritage and is qualified to manage the property,

16 prior to any conveyance under this subsection.

17 ‘‘(3) Destroy or cause to be destroyed museum

18 objects and museum collections that the Secretary

19 determines to have no scientific, cultural, historic,

20 educational, esthetic, or monetary value.

21 ‘‘(b) REVIEW AND APPROVAL.—The Secretary shall

22 ensure that museum collections are treated in a careful

23 and deliberate manner that protects the public interest.

24 Prior to taking any action under subsection (a), the Sec25 retary shall establish a systematic review and approval
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1 process, including consultation with appropriate experts,

2 that meets the highest standards of the museum profes3 sion for all actions taken under this section.’’.

4 (b) APPLICATION AND DEFINITIONS.—The Act enti5 tled ‘‘An Act to increase the public benefits from the Na6 tional Park System by facilitating the management of mu7 seum properties relating thereto, and for other purposes’’

8 approved July 1, 1955 (16 U.S.C. 18f), as amended by

9 subsection (a), is further amended by adding the following

10 after section 2:

11 ‘‘SEC. 3. APPLICATION AND DEFINITIONS.

12 ‘‘(a) APPLICATION.—Authorities in this Act shall be

13 available to the Secretary of the Interior with regard to

14 museum objects and museum collections that were under

15 the administrative jurisdiction of the Secretary for the

16 purposes of the National Park System before the date of

17 enactment of this section as well as those museum objects

18 and museum collections that may be acquired on or after

19 such date.

20 ‘‘(b) DEFINITION.—For the purposes of this Act, the

21 terms ‘museum objects’ and ‘museum collections’ mean

22 objects that are eligible to be or are made part of a mu23 seum, library, or archive collection through a formal proce24 dure, such as accessioning. Such objects are usually mov25 able and include but are not limited to prehistoric and his-
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1 toric artifacts, works of art, books, documents, photo2 graphs, and natural history specimens.’’.

3 SEC. 805. VOLUNTEERS IN PARKS INCREASE.

4 Section 4 of the Volunteers in the Parks Act of 1969

5 (16 U.S.C. 18j) is amended by striking out ‘‘$1,000,000’’

6 and inserting in lieu thereof ‘‘$3,500,000’’.

7 SEC. 806. CARL GARNER FEDERAL LANDS CLEANUP DAY.

8 The Federal Lands Cleanup Act of 1985 (36 U.S.C.

9 169i–169–1) is amended by striking the terms ‘‘Federal

10 Lands Cleanup Day’’ each place it appears and inserting

11 ‘‘Carl Garner Federal Lands Cleanup Day’’.

12 SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA.

13 Section 4 of the Act of June 26, 1936 (ch. 844; 49

14 Stat. 1979), is amended by striking ‘‘: Provided, That’’

15 and all that follows and inserting a period.

16 SEC. 808. LAURA C. HUDSON VISITOR CENTER.

17 (a) DESIGNATION.—The visitor center at Jean La18 fitte National Historical Park, located at 419 Rue Decatur

19 in New Orleans, Louisiana, is hereby designated as the

20 ‘‘Laura C. Hudson Visitor Center’’.

21 (b) LEGAL REFERENCES.—Any reference in any law,

22 regulation, paper, record, map, or any other document of

23 the United States to the visitor center referred to in sub24 section (a) shall be deemed to be a reference to the ‘‘Laura

25 C. Hudson Visitor Center’’.
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1 SEC. 809. ROBERT J. LAGOMARSINO VISITOR CENTER.

2 (a) DESIGNATION.—The visitor center at the Channel

3 Islands National Park, California, is designated as the

4 ‘‘Robert J. Lagomarsino Visitor Center’’.

5 (b) LEGAL REFERENCES.—Any reference in any law,

6 regulation, document, record, map, or other document of

7 the United States to the visitor center referred to in sec8 tion 301 is deemed to be a reference to the ‘‘Robert J.

9 Lagomarsino Visitor Center’’.

10 SEC. 810. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED

11 BOUNDARY OF ROCKY MOUNTAIN NATIONAL

12 PARK.

13 The Secretary of the Interior is authorized to collect

14 and expend donated funds and expend appropriated funds

15 for the operation and maintenance of a visitor center to

16 be constructed for visitors to and administration of Rocky

17 Mountain National Park with private funds on privately

18 owned lands located outside the boundary of the park.

19 SEC. 811. DAYTON AVIATION.

20 Section 201(b) of the Dayton Aviation Heritage Pres21 ervation Act of 1992 (Public Law 102–419, approved Oc22 tober 16, 1992), is amended as follows:

23 (1) In paragraph (2), by striking ‘‘from rec24 ommendations’’ and inserting ‘‘after consideration of

25 recommendations’’.
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1 (2) In paragraph (4), by striking ‘‘from rec2 ommendations’’ and inserting ‘‘after consideration of

3 recommendations’’.

4 (3) In paragraph (5), by striking ‘‘from rec5 ommendations’’ and inserting ‘‘after consideration of

6 recommendations’’.

7 (4) In paragraph (6), by striking ‘‘from rec8 ommendations’’ and inserting ‘‘after consideration of

9 recommendations’’.

10 (5) In paragraph (7), by striking ‘‘from rec11 ommendations’’ and inserting ‘‘after consideration of

12 recommendations’’.

13 SEC. 812. PROHIBITION ON CERTAIN TRANSFERS OF NA14 TIONAL FOREST LANDS.

15 After the date of the enactment of this Act the Sec16 retary of Agriculture shall not transfer (by exchange or

17 otherwise) any lands owned by the United States and

18 managed by the Secretary as part of the Angeles National

19 Forest to any person unless the instrument of conveyance

20 contains a restriction, enforceable by the Secretary, on the

21 future use of such land prohibiting the use of any portion

22 of such land as a solid waste landfill. Such restriction shall

23 be promptly enforced by the Secretary when and if a viola24 tion of the restriction occurs.
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1 SEC. 813. GRAND LAKE CEMETERY.

2 (a) AGREEMENT.—Notwithstanding any other law,

3 not later than 6 months after the date of enactment of

4 this Act, the Secretary of the Interior shall enter into an

5 appropriate form of agreement with the town of Grand

6 Lake, Colorado, authorizing the town to maintain perma7 nently, under appropriate terms and conditions, a ceme8 tery within the boundaries of the Rocky Mountain Na9 tional Park.

10 (b) CEMETERY BOUNDARIES.—The cemetery shall be

11 comprised of approximately 5 acres of land, as generally

12 depicted on the map entitled ‘‘Grand Lake Cemetery’’ and

13 dated February 1995.

14 (c) AVAILABILITY FOR PUBLIC INSPECTION.—The

15 Secretary of the Interior shall place the map described in

16 subsection (b) on file, and make the map available for pub17 lic inspection, in the headquarters office of the Rocky

18 Mountain National Park.

19 (d) LIMITATION.—The cemetery shall not be ex20 tended beyond the boundaries of the cemetery shown on

21 the map described in subsection (b).

22 SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE RE23 FORM.

24 (a) NATIONAL PARK SERVICE HOUSING IMPROVE25 MENT.—
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1 (1) PURPOSES.—The purposes of this section

2 are—

3 (A) to develop where necessary an ade4 quate supply of quality housing units for field

5 employees of the National Park Service within

6 a reasonable time frame;

7 (B) to expand the alternatives available for

8 construction and repair of essential Government

9 housing;

10 (C) to rely on the private sector to finance

11 or supply housing in carrying out this section,

12 to the maximum extent possible, in order to re13 duce the need for Federal appropriations;

14 (D) to ensure that adequate funds are

15 available to provide for long-term maintenance

16 needs of field employee housing; and

17 (E) to eliminate unnecessary Government

18 housing and locate such housing as is required

19 in a manner such that primary resource values

20 are not impaired.

21 (2) GENERAL AUTHORITY.—To enhance the

22 ability of the Secretary of the Interior (hereafter in

23 this subsection referred to as ‘‘the Secretary’’), act24 ing through the Director of the National Park Serv25 ice, to effectively manage units of the National Park
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1 System, the Secretary is authorized where necessary

2 and justified to make available employee housing, on

3 or off the lands under the administrative jurisdiction

4 of the National Park Service, and to rent or lease

5 such housing to field employees of the National Park

6 Service at rates based on the reasonable value of the

7 housing in accordance with requirements applicable

8 under section 5911 of title 5, United States Code.

9 (3) REVIEW AND REVISION OF HOUSING CRI10 TERIA.—Upon the enactment of this Act, the Sec11 retary shall review and revise the existing criteria

12 under which housing is provided to employees of the

13 National Park Service. Specifically, the Secretary

14 shall examine the existing criteria with respect to

15 what circumstances the National Park Service re16 quires an employee to occupy Government quarters

17 to provide necessary services, protect Government

18 property, or because of a lack of availability of non19 Federal housing in the geographic area.

20 (4) SUBMISSION OF REPORT.—A report detail21 ing the results of the revisions required by para22 graph (3) shall be submitted to the Committee on

23 Resources of the House of Representatives and the

24 Committee on Energy and Natural Resources of the

25 Senate not later than 180 days after the date of the
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1 enactment of this Act. The report shall include jus2 tifications for keeping, or for changing, each of the

3 criteria or factors used by the Department of the In4 terior with regard to the provision of housing to em5 ployees of the National Park Service.

6 (5) REVIEW OF CONDITION OF AND COSTS RE7 LATING TO HOUSING.—Using the revised criteria de8 veloped under paragraph (3), the Secretary shall un9 dertake a review, for each unit of the National Park

10 System, of existing government-owned housing pro11 vided to employees of the National Park Service.

12 The review shall include an assessment of the phys13 ical condition of such housing and the suitability of

14 such housing to effectively carry out the missions of

15 the Department of the Interior and the National

16 Park Service. For each unit of such housing, the

17 Secretary shall determine whether the unit is needed

18 and justified. The review shall include estimates of

19 the cost of bringing each unit that is needed and

20 justified into usable condition that meets all applica21 ble legal housing requirements or, if the unit is de22 termined to be obsolete but is still warranted to

23 carry out the missions of the Department of the In24 terior and the National Park Service, the cost of re25 placing the unit.
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1 (6) AUTHORIZATION FOR HOUSING AGREE2 MENTS.—For those units of the National Park Sys3 tem for which the review required by paragraphs (3)

4 and (5) has been completed, the Secretary is author5 ized, pursuant to the authorities contained in this

6 subsection and subject to the appropriation of nec7 essary funds in advance, to enter into housing agree8 ments with housing entities under which such hous9 ing entities may develop, construct, rehabilitate, or

10 manage housing, located on or off public lands, for

11 rent or lease to National Park Service employees

12 who meet the housing eligibility criteria developed by

13 the Secretary pursuant to this Act.

14 (7) JOINT PUBLIC-PRIVATE SECTOR HOUSING

15 PROGRAMS.—

16 (A) LEASE TO BUILD PROGRAM.—Subject

17 to the appropriation of necessary funds in ad18 vance, the Secretary may—

19 (i) lease Federal land and interests in

20 land to qualified persons for the construc21 tion of field employee quarters for any pe22 riod not to exceed 50 years; and

23 (ii) lease developed and undeveloped

24 non-Federal land for providing field em25 ployee quarters.
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1 (B) COMPTETITIVE LEASING.—Each lease

2 under subparagraph (A)(i) shall be awarded

3 through the use of publicly advertised, competi4 tively bid, or competitively negotiated contract5 ing procedures.

6 (C) TERMS AND CONDITIONS.—Each lease

7 under subparagraph (A)(i)—

8 (i) shall stipulate whether operation

9 and maintenance of field employee quar10 ters is to be provided by the lessee, field

11 employees or the Federal Government;

12 (ii) shall require that the construction

13 and rehabilitation of field employee quar14 ters be done in accordance with the re15 quirements of the National Park Service

16 and local applicable building codes and in17 dustry standards;

18 (iii) shall contain such additional

19 terms and conditions as may be appro20 priate to protect the Federal interest, in21 cluding limits on rents the lessee may

22 charge field employees for the occupancy of

23 quarters, conditions on maintenance and

24 repairs, and agreements on the provision of
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1 charges for utilities and other infrastruc2 ture; and

3 (iv) may be granted at less than fair

4 market value if the Secretary determines

5 that such lease will improve the quality

6 and availability of field employee quarters

7 available.

8 (D) CONTRIBUTIONS BY UNITED

9 STATES.—The Secretary may make payments,

10 subject to appropriations, or contributions in

11 kind either in advance of or on a continuing

12 basis to reduce the costs of planning, construc13 tion, or rehabilitation of quarters on or off Fed14 eral lands under a lease under this paragraph.

15 (8) RENTAL GUARANTEE PROGRAM.—

16 (A) GENERAL AUTHORITY.—Subject to the

17 appropriation of necessary funds in advance,

18 the Secretary may enter into a lease to build

19 arrangement as set forth in paragraph (7) with

20 further agreement to guarantee the occupancy

21 of field employee quarters constructed or reha22 bilitated under such lease. A guarantee made

23 under this paragraph shall be in writing.

24 (B) LIMITATIONS.—The Secretary may not

25 guarantee—
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1 (i) the occupancy of more than 75

2 percent of the units constructed or reha3 bilitated under such lease; and

4 (ii) at a rental rate that exceeds the

5 rate based on the reasonable value of the

6 housing in accordance with requirements

7 applicable under section 5911 of title 5,

8 United States Code.

9 In no event shall outstanding guarantees be in

10 excess of $3,000,000.

11 (C) RENTAL TO GOVERNMENT EMPLOY12 EES.—A guarantee may be made under this

13 subsection only if the lessee agrees to permit

14 the Secretary to utilize for housing purposes

15 any units for which the guarantee is made.

16 (D) FAILURE TO MAINTAIN A SATISFAC17 TORY LEVEL OF OPERATION AND MAINTE18 NANCE.—The lease shall be null and void if the

19 lessee fails to maintain a satisfactory level of

20 operation and maintenance.

21 (9) JOINT DEVELOPMENT AUTHORITY.—The

22 Secretary may use authorities granted by statue in

23 combination with one another in the furtherance of

24 providing where necessary and justified affordable

25 field employee housing.
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1 (10) CONTRACTS FOR THE MANAGEMENT OF

2 FIELD EMPLOYEE QUARTERS.—

3 (A) GENERAL AUTHORITY.—Subject to the

4 appropriation of necessary funds in advance,

5 the Secretary may enter into contracts of any

6 duration for the management, repair, and main7 tenance of field employee quarters.

8 (B) TERMS AND CONDITIONS.—Any such

9 contract shall contain such terms and condi10 tions as the Secretary deems necessary or ap11 propriate to protect the interests of the United

12 States and assure that necessary quarters are

13 available to field employees.

14 (11) LEASING OF SEASONAL EMPLOYEE QUAR15 TERS.—

16 (A) GENERAL AUTHORITY.—Subject to

17 subparagraph (B), the Secretary may lease

18 quarters at or near a unit of the national park

19 system for use as seasonal quarters for field

20 employees. The rent charged to field employees

21 under such a lease shall be a rate based on the

22 reasonable value of the quarters in accordance

23 with requirements applicable under section

24 5911 of title 5, United States Code.
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1 (B) LIMITATION.—The Secretary may only

2 issue a lease under subparagraph (A) if the

3 Secretary finds that there is a shortage of ade4 quate and affordable seasonal quarters at or

5 near such unit and that—

6 (i) the requirement for such seasonal

7 field employee quarters is temporary; or

8 (ii) leasing would be more cost effec9 tive than construction of new seasonal field

10 employee quarters.

11 (C) UNRECOVERED COSTS.—The Secretary

12 may pay the unrecovered costs of leasing sea13 sonal quarters under this paragraph from an14 nual appropriations for the year in which such

15 lease is made.

16 (12) SURVEY OF EXISTING FACILITIES.—The

17 Secretary shall—

18 (A) complete a condition assessment for all

19 field employee housing, including the physical

20 condition of such housing and the necessity and

21 suitability of such housing for carrying out the

22 agency mission, using existing information; and

23 (B) develop an agency-wide priority listing,

24 by structure, identifying those units in greatest
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1 need for repair, rehabilitation, replacement, or

2 initial construction.

3 (13) USE OF HOUSING-RELATED FUNDS.—Ex4 penditure of any funds authorized and appropriated

5 for new construction, repair, or rehabilitation of

6 housing under this section shall follow the housing

7 priority listing established by the agency under para8 graph (13), in sequential order, to the maximum ex9 tent practicable.

10 (14) ANNUAL BUDGET SUBMITTAL.—The Presi11 dent’s proposed budget to Congress for the first fis12 cal year beginning after enactment of this Act, and

13 for each subsequent fiscal year, shall include identi14 fication of nonconstruction funds to be spent for Na15 tional Park Service housing maintenance and oper16 ations which are in addition to rental receipts col17 lected.

18 (15) STUDY OF HOUSING ALLOWANCES.—With19 in 12 months after the date of enactment of this

20 Act, the Secretary shall conduct a study to deter21 mine the feasibility of providing eligible employees of

22 the National Park Service with housing allowances

23 rather than Government housing. The study shall

24 specifically examine the feasibility of providing rent25 al allowances to temporary and lower paid perma-
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1 nent employees. Whenever the Secretary submits a

2 copy of such study to the Office of Management and

3 Budget, he shall concurrently transmit copies of the

4 report to the Resources Committee of the United

5 States House of Representatives and the Committee

6 on Energy and Natural Resources of the United

7 States Senate.

8 (16) STUDY OF SALE OF EMPLOYEE HOUS9 ING.—Within 18 months of the date of the enact10 ment of the Act, the Secretary shall complete a

11 study of the sale of Government quarters to a coop12 erative consisting of field employees. The Secretary

13 shall examine the potential benefits to the Govern14 ment as well as the employees and any risks associ15 ated with such a program.

16 (17) GENERAL PROVISIONS.—

17 (A) CONSTRUCTION LIMITATIONS ON FED18 ERAL LANDS.—The Secretary may not utilize

19 any lands for the purposes of providing field

20 employee housing under this section which will

21 impact primary resource values of the area or

22 adversely affect the mission of the agency.

23 (B) RENTAL RATES.—To the extent prac24 ticable, the Secretary shall establish rental rates

25 for all quarters occupied by field employees of
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1 the National Park Service that are based on the

2 reasonable value of the quarters in accordance

3 with requirements applicable under section

4 5911 of title 5, United States Code.

5 (C) EXEMPTION FROM LEASING REQUIRE6 MENTS.—The provisions of section 5 of the Act

7 of July 15, 1968 (82 Stat. 354, 356; 16 U.S.C.

8 460l–22), and section 321 of the Act of June

9 30, 1932 (40 U.S.C. 303b; 47 Stat. 412), shall

10 not apply to leases issued by the Secretary

11 under this section.

12 (18) PROCEEDS.—The proceeds from any lease

13 under paragraph (7)(A)(i)(I), any lease under para14 graph (11)(B), and any lease of seasonal quarters

15 under subsection (l), shall be retained by the Na16 tional Park Service. Such proceeds shall be deposited

17 into the special fund established for maintenance

18 and operation of quarters.

19 (19) DEFINITIONS.—For purposes of this sub20 section:

21 (A) The term ‘‘field employee’’ means—

22 (i) an employee of the National Park

23 Service who is exclusively assigned by the

24 National Park Service to perform duties at
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1 a field unit, and the members of their fam2 ily; and

3 (ii) other individuals who are author4 ized to occupy Government quarters under

5 section 5911 of title 5, United States

6 Code, and for whom there is no feasible al7 ternative to the provision of Government

8 housing, and the members of their family.

9 (B) The term ‘‘land management agency’’

10 means the National Park Service, Department

11 of the Interior.

12 (C) The term ‘‘primary resource values’’

13 means resources which are specifically men14 tioned in the enabling legislation for that field

15 unit or other resource value recognized under

16 Federal statute.

17 (D) The term ‘‘quarters’’ means quarters

18 owned or leased by the Government.

19 (E) The term ‘‘seasonal quarters’’ means

20 quarters typically occupied by field employees

21 who are hired on assignments of 6 months or

22 less.

23 (b) MINOR BOUNDARY REVISION AUTHORITY.—Sec24 tion 7(c) of the Land and Water Conservation Fund Act

25 of 1965 (16 U.S.C. 460l–9(c)) is amended as follows:
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1 (1) In the first sentence, by striking ‘‘Commit2 tee on Natural’’ and inserting ‘‘Committee on’’.

3 (2)(A) By striking ‘‘: Provided, however,’’ and

4 all that follows through ‘‘1965’’; and

5 (B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by in6 serting at the end the following:

7 ‘‘(2) For the purposes of clause (i) of paragraph (1),

8 in all cases except the case of technical boundary revisions

9 (resulting from such causes as survey error or changed

10 road alignments), the authority of the Secretary under

11 such clause (i) shall apply only if each of the following

12 conditions is met:

13 ‘‘(A) The sum of the total acreage of lands, wa14 ters, and interests therein to be added to the area

15 and the total such acreage to be deleted from the

16 area is not more than 5 percent of the total Federal

17 acreage authorized to be included in the area and is

18 less than 200 acres in size.

19 ‘‘(B) The acquisition, if any, is not a major

20 Federal action significantly affecting the quality of

21 the human environment, as determined by the Sec22 retary.

23 ‘‘(C) The sum of the total appraised value of

24 the lands, water, and interest therein to be added to

25 the area and the total appraised value of the lands,
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1 waters, and interests therein to be deleted from the

2 area does not exceed $750,000.

3 ‘‘(D) The proposed boundary revision is not an

4 element of a more comprehensive boundary modifica5 tion proposal.

6 ‘‘(E) The proposed boundary has been subject

7 to a public review and comment period.

8 ‘‘(F) The Director of the National Park Service

9 obtains written consent for the boundary modifica10 tion from all property owners whose lands, water, or

11 interests therein, or a portion of whose lands, water,

12 or interests therein, will be added to or deleted from

13 the area by the boundary modification.

14 ‘‘(G) The lands are adjacent to other Federal

15 lands administered by the Director of the National

16 Park Service.

17 ‘‘Minor boundary revisions involving only deletions of acre18 age owned by the Federal Government and administered

19 by the National Park Service may be made only by Act

20 of Congress.’’.

21 (c) AUTHORIZATION FOR PARK FACILITIES TO BE

22 LOCATED OUTSIDE THE BOUNDARIES OF ZION NATIONAL

23 PARK.—In order to facilitate the administration of Zion

24 National Park, the Secretary of the Interior is authorized,

25 under such terms and conditions as he may deem advis-
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1 able, to expend donated or appropriated funds for the es2 tablishment of essential facilities for park administration

3 and visitor use outside the boundaries, but within the vi4 cinity, of the park. Such facilities and the use thereof shall

5 be in conformity with approved plans for the park. The

6 Secretary shall use existing facilities wherever feasible.

7 Such facilities may only be constructed by the Secretary

8 upon a finding that the location of such facilities would—

9 (1) avoid undue degradation of natural or cul10 tural resources within the park;

11 (2) enhance service to the public; or

12 (3) provide a cost saving to the Federal Govern13 ment.

14 The Secretary is authorized to enter into cooperative

15 agreements with State or local governments or private en16 tities to undertake the authority granted under this sub17 section. The Secretary is encouraged to identify and utilize

18 funding sources to supplement any Federal funding used

19 for these facilities.

20 (d) ELIMINATION OF UNNECESSARY CONGRES21 SIONAL REPORTING REQUIREMENTS.—

22 (1) REPEALS.—The following provisions are

23 hereby repealed:

24 (A) Section 302(c) of the Act entitled ‘‘An

25 Act to authorize the establishment of the Chat-
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1 tahoochee River National Recreation Area in

2 the State of Georgia, and for other purposes

3 (Public Law 95–344; 92 Stat. 478; 16 U.S.C.

4 2302(c)).

5 (B) Section 503 of the Act of December

6 19, 1980 (Public Law 96–550; 94 Stat. 3228;

7 16 U.S.C. 410ii–2).

8 (C) Subsections (b) and (c) of section 4 of

9 the Act of October 15, 1982 (Public Law 97–

10 335; 96 Stat. 1628; 16 U.S.C. 341 note).

11 (D) Section 7 of Public Law 89–671 (96

12 Stat. 1457; 16 U.S.C. 284f).

13 (E) Section 3(c) of the National Trails

14 System Act (Public Law 90–543; 82 Stat. 919;

15 16 U.S.C. 1242(c)).

16 (F) Section 4(b) of the Act of October 24,

17 1984 (Public Law 98–540; 98 Stat. 2720; 16

18 U.S.C. 1a–8).

19 (G) Section 106(b) of the National Visitor

20 Center Facilities Act of 1968 (Public Law 90–

21 264; 82 Stat. 44; 40 U.S.C. 805(b)).

22 (H) Section 6(f)(7) of the Act of Septem23 ber 3, 1964 (Public Law 88–578; 78 Stat. 900;

24 16 U.S.C. 460l–8(f)(7)).
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1 (I) Subsection (b) of section 8 of the Act

2 of August 18, 1970 (Public Law 91–383; 90

3 Stat. 1940; 16 U.S.C. 1a–5(b)).

4 (J) The last sentence of section 10(a)(2) of

5 the National Trails System Act (Public Law

6 90–543; 82 Stat. 926; 16 U.S.C. 1249(a)(2)).

7 (K) Section 4 of the Act of October 31,

8 1988 (Public Law 100–573; Stat. 2891; 16

9 U.S.C. 460o note).

10 (L) Section 104(b) of the Act of November

11 19, 1988 (Public Law 100–698; 102 Stat.

12 4621).

13 (M) Section 1015(b) of the Urban Park

14 and Recreation Recovery Act of 1978 (Public

15 Law 95–625; 92 Stat. 3544; 16 U.S.C.

16 2514(b)).

17 (N) Section 105 of the Act of August 13,

18 1970 (Public Law 91–378; 16 U.S.C. 1705).

19 (O) Section 307(b) of the National His20 toric Preservation Act (Public Law 89–665; 16

21 U.S.C. 470w–6(b)).

22 (2) AMENDMENTS.—The following provisions

23 are amended:

24 (A) Section 10 of the Archaeological Re25 sources Protection Act of 1979, by striking the
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1 last sentence of subsection (c) (Public Law 96–

2 95; 16 U.S.C. 470ii(c)).

3 (B) Section 5(c) of the Act of June 27,

4 1960 (Public Law 86–523; 16 U.S.C. 469a–

5 3(c); 74 Stat. 220), by inserting a period after

6 ‘‘Act’’ and striking ‘‘and shall submit’’ and all

7 that follows.

8 (C) Section 7(a)(3) of the Act of Septem9 ber 3, 1964 (Public Law 88–578; 78 Stat. 903;

10 16 U.S.C. 460l–9(a)(3)), by striking the last

11 sentence.

12 (D) Section 111 of the Petroglyph Na13 tional Monument Establishment Act of 1990

14 (Public Law 101–313; 104 Stat. 278), by strik15 ing the second sentence.

16 (E) Section 307(a) of the National His17 toric Preservation Act (Public Law 89–665; 16

18 U.S.C. 470w–6(a)) is amended by striking the

19 first and second sentences.

20 (F) Section 101(a)(1)(B) of the National

21 Historic Preservation Act (Public Law 89–665;

22 16 U.S.C. 470a) by inserting a period after

23 ‘‘Register’’ the last place such term appears

24 and by striking ‘‘and submitted’’ and all that

25 follows.
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1 (e) SENATE CONFIRMATION OF THE DIRECTOR OF

2 THE NATIONAL PARK SERVICE.—

3 (1) IN GENERAL.—The first section of the Act

4 entitled ‘‘An Act to establish a National Park Serv5 ice, and for other purposes’’, approved August 25,

6 1916 (39 Stat. 535; 16 U.S.C. 1; commonly referred

7 to as the ‘‘National Park Service Organic Act’’), is

8 amended in the first sentence by striking ‘‘who shall

9 be appointed by the Secretary’’ and all that follows

10 and inserting ‘‘who shall be appointed by the Presi11 dent, by and with the advice and consent of the Sen12 ate. The Director shall have substantial experience

13 and demonstrated competence in land management

14 and natural or cultural resource conservation. The

15 Director shall select two Deputy Directors. The first

16 Deputy Director shall have responsibility for Na17 tional Park Service operations, and the second Dep18 uty Director shall have responsibility for other pro19 grams assigned to the National Park Service.’’.

20 (2) EFFECTIVE DATE AND APPLICATION.—The

21 amendment made by subsection (a) shall take effect

22 on February 1, 1997, and shall apply with respect

23 to the individual (if any) serving as the Director of

24 the National Park Service on that date.
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1 (f) NATIONAL PARK SYSTEM ADVISORY BOARD AU2 THORIZATION.—

3 (1) NATIONAL PARK SYSTEM ADVISORY

4 BOARD.—Section 3 of the Act of August 21, 1935

5 (49 Stat. 667; 16 U.S.C. 463) is amended as fol6 lows:

7 (A) In subsection (a) by striking the first

8 3 sentences and inserting in lieu thereof:

9 ‘‘There is hereby established a National Park

10 System Advisory Board, whose purpose shall be

11 to advise the Director of the National Park

12 Service on matters relating to the National

13 Park Service, the National Park System, and

14 programs administered by the National Park

15 Service. The Board shall advise the Director on

16 matters submitted to the Board by the Director

17 as well as any other issues identified by the

18 Board. Members of the Board shall be ap19 pointed on a staggered term basis by the Sec20 retary for a term not to exceed 4 years and

21 shall serve at the pleasure of the Secretary. The

22 Board shall be comprised of no more than 12

23 persons, appointed from among citizens of the

24 United States having a demonstrated commit25 ment to the mission of the National Park Serv-
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1 ice. Board members shall be selected to rep2 resent various geographic regions, including

3 each of the administrative regions of the Na4 tional Park Service. At least 6 of the members

5 shall have outstanding expertise in 1 or more of

6 the following fields: history, archeology, anthro7 pology, historical or landscape architecture, bi8 ology, ecology, geology, marine science, or social

9 science. At least 4 of the members shall have

10 outstanding expertise and prior experience in

11 the management of national or State parks or

12 protected areas, or national or cultural re13 sources management. The remaining members

14 shall have outstanding expertise in 1 or more of

15 the areas described above or in another profes16 sional or scientific discipline, such as financial

17 management, recreation use management, land

18 use planning or business management, impor19 tant to the mission of the National Park Serv20 ice. At least 1 individual shall be a locally elect21 ed official from an area adjacent to a park. The

22 Board shall hold its first meeting by no later

23 than 60 days after the date on which all mem24 bers of the Advisory Board who are to be ap25 pointed have been appointed. Any vacancy in
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1 the Board shall not affect its powers, but shall

2 be filled in the same manner in which the origi3 nal appointment was made. The Board may

4 adopt such rules as may be necessary to estab5 lish its procedures and to govern the manner of

6 its operations, organization, and personnel. All

7 members of the Board shall be reimbursed for

8 travel and per diem in lieu of subsistence ex9 penses during the performance of duties of the

10 Board while away from home or their regular

11 place of business, in accordance with sub12 chapter 1 of chapter 57 of title 5, United States

13 Code. With the exception of travel and per diem

14 as noted above, a member of the Board who is

15 otherwise an officer or employee of the United

16 States Government shall serve on the Board

17 without additional compensation.’’.

18 (B) By redesignating subsections (b) and

19 (c) as (f) and (g) and by striking from the first

20 sentence of subsection (f), as so redesignated

21 ‘‘1995’’ and inserting in lieu thereof ‘‘2006’’.

22 (C) By adding the following new sub23 sections after subsection (a):

24 ‘‘(b)(1) The Secretary is authorized to hire 2 full25 time staffers to meet the needs of the Advisory Board.
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1 ‘‘(2) Service of an individual as a member of the

2 Board shall not be considered as service or employment

3 bringing such individual within the provisions of any Fed4 eral law relating to conflicts of interest or otherwise im5 posing restrictions, requirements, or penalties in relation

6 to the employment of persons, the performance of services,

7 or the payment or receipt of compensation in connection

8 with claims, proceedings, or matters involving the United

9 States. Service as a member of the Board, or as an em10 ployee of the Board, shall not be considered service in an

11 appointive or elective position in the Government for pur12 poses of section 8344 of title 5, United States Code, or

13 comparable provisions of Federal law.

14 ‘‘(c)(1) Upon request of the Director, the Board is

15 authorized to—

16 ‘‘(A) hold such hearings and sit and act at such

17 times,

18 ‘‘(B) take such testimony,

19 ‘‘(C) have such printing and binding done,

20 ‘‘(D) enter into such contracts and other ar21 rangements.

22 ‘‘(E) make such expenditures, and

23 ‘‘(F) take such other actions, as the Board may

24 deem advisable. Any member of the Board may ad-
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1 minister oaths or affirmations to witnesses appear2 ing before the Board.

3 ‘‘(2) The Board may establish committees or sub4 committees. Any such subcommittees or committees shall

5 be chaired by a voting member of the Board.

6 ‘‘(d) The provisions of the Federal Advisory Commit7 tee Act shall apply to the Board established under this

8 section with the exception of section 14(b).

9 ‘‘(e)(1) The Board is authorized to secure directly

10 from any office, department, agency, establishment, or in11 strumentality of the Federal Government such information

12 as the Board may require for the purpose of this section,

13 and each such officer, department, agency, establishment,

14 or instrumentality is authorized and directed to furnish,

15 to the extent permitted by law, such information, sugges16 tions, estimates, and statistics directly to the Board, upon

17 request made by a member of the Board.

18 ‘‘(2) Upon the request of the Board, the head of any

19 Federal department, agency, or instrumentality is author20 ized to make any of the facilities and services of such de21 partment, agency, or instrumentality to the Board, on a

22 nonreimbursable basis, to assist the Board in carrying out

23 its duties under this section.
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1 ‘‘(3) The Board may use the United States mails in

2 the same manner and under the same conditions as other

3 departments and agencies in the United States.’’.

4 (2) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be appropriated to the Na6 tional Park System Advisory Board $200,000 per

7 year to carry out the provisions of section 3 of the

8 Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.

9 463).

10 (3) EFFECTIVE DATE.—This subsection shall

11 take effect on December 7, 1997.

12 (g) CHALLENGE COST-SHARE AGREEMENT AUTHOR13 ITY.—

14 (1) DEFINITIONS.—For purposes of this sub15 section:

16 (A) The term ‘‘challenge cost-share agree17 ment’’ means any agreement entered into be18 tween the Secretary and any cooperator for the

19 purpose of sharing costs or services in carrying

20 out authorized functions and responsibilities of

21 the Secretary of the Interior with respect to any

22 unit or program of the National Park System

23 (as defined in section 2(a) of the Act of August

24 8, 1953 (16 U.S.C. 1c(a))), any affiliated area,
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1 or any designated National Scenic or Historic

2 Trail.

3 (B) The term ‘‘cooperator’’ means any

4 State or local government, public or private

5 agency, organization, institution, corporation,

6 individual, or other entity.

7 (2) CHALLENGE COST-SHARE AGREEMENTS.—

8 The Secretary of the Interior is authorized to nego9 tiate and enter into challenge cost-share agreements

10 with cooperators.

11 (3) USE OF FEDERAL FUNDS.—In carrying out

12 challenge cost-share agreements, the Secretary of

13 the Interior is authorized to provide the Federal

14 funding share from any funds available to the Na15 tional Park Service.

16 (h) COST RECOVERY FOR DAMAGE TO NATIONAL

17 PARK RESOURCES.—Public Law 101–337 is amended as

18 follows:

19 (1) In section 1 (16 U.S.C. 19jj), by amending

20 subsection (d) to read as follows:

21 ‘‘(d) ‘Park system resource’ means any living or non22 living resource that is located within the boundaries of a

23 unit of the National Park System, except for resources

24 owned by a non-Federal entity.’’.
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1 (2) In section 1 (16 U.S.C. 19jj) by adding at

2 the end thereof the following:

3 ‘‘(g) ‘Marine or aquatic park system resource’ means

4 any living or non-living part of a marine or aquatic regi5 men within or is a living part of a marine or aquatic regi6 men within the boundaries of a unit of the National Park

7 System, except for resources owned by a non-Federal en8 tity.’’.

9 (3) In section 2(b) (16 U.S.C. 19jj–1(b)), by in10 serting ‘‘any marine or aquatic park resource’’ after

11 ‘‘any park system resource’’.

12 SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER.

13 (a) DESIGNATION.—The Bureau of Land Manage14 ment’s visitors center in Rand, Oregon is hereby des15 ignated as the ‘‘William B. Smullin Visitor Center’’.

16 (b) LEGAL REFERENCES.—Any reference in any law,

17 regulation, document, record, map, or other document of

18 the United States to the visitor center referred to in sub19 section (a) shall be deemed to be a reference to the ‘‘Wil20 liam B. Smullin Visitor Center’’.

21 SEC. 816. CALUMET ECOLOGICAL PARK.

22 (a) FEASIBILITY STUDY.—

23 (1) IN GENERAL.—Not later than 6 months

24 after the date of enactment of this Act, the Sec25 retary of the Interior shall conduct a study of the
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1 feasibility of establishing an urban ecological park to

2 be known as ‘‘Calumet Ecological Park’’, in the

3 Lake Calumet area situated between the Illinois and

4 Michigan Canal National Heritage Corridor and the

5 Indiana Dunes National Lakeshore.

6 (2) PARTICULARS OF STUDY.—The study under

7 paragraph (1) shall include consideration of the fol8 lowing:

9 (A) The suitability of establishing a park

10 in the Lake Calumet area that—

11 (i) conserves and protects the wealth

12 of natural resources threatened by develop13 ment and pollution in the Lake Calumet

14 area; and

15 (ii) consists of a number of nonadja16 cent sites forming green corridors between

17 the Illinois and Michigan Canal National

18 Heritage Corridor and the Indiana Dunes

19 National Lakeshore, that are based on the

20 lakes and waterways in the area.

21 (B) The long-term future use of the Lake

22 Calumet area.

23 (C) Ways in which a Calumet Ecological

24 Park would—
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1 (i) benefit and enhance the cultural,

2 historical, and natural resources of the

3 Lake Calumet area; and

4 (ii) preserve natural lands and habi5 tats in the Lake Calumet area and north6 west Indiana.

7 (3) REPORT.—Not later than 1 year after the

8 date of enactment of this Act, the Secretary shall

9 submit to the Congress a report containing findings

10 and recommendations of a study under this section.

11 SEC. 817. ACQUISITION OF CERTAIN PROPERTY ON SANTA

12 CRUZ ISLAND.

13 Section 202 of Public Law 96–199 (16 U.S.C. 410ff–

14 1) is amended by adding the following new subsection at

15 the end thereof:

16 ‘‘(e)(1) Notwithstanding any other provision of law,

17 effective 90 days after the date of enactment of this sub18 section, all right, title, and interest in and to, and the right

19 to immediate possession of, the real property on the east20 ern end of Santa Cruz Island which is known as the

21 Gherini Ranch is hereby vested in the United States, ex22 cept for the reserved rights of use and occupancy set forth

23 in Instrument No. 90–027494 recorded in the Official

24 Records of the County of Santa Barbara, California.
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1 ‘‘(2) The United States shall pay just compensation

2 to the owners of any real property taken pursuant to this

3 subsection, determined as of the date of taking. The full

4 faith and credit of the United States is hereby pledged

5 to the payment of any judgment entered against the Unit6 ed States with respect to the taking of such property. Pay7 ment shall be in the amount of the agreed negotiated value

8 of such real property plus interest or the valuation of such

9 real property awarded by judgment plus interest. Interest

10 shall accrue from the date of taking to the date of pay11 ment. Interest shall be compounded quarterly and com12 puted at the rate applicable for the period involved, as de13 termined by the Secretary of the Treasury on the basis

14 of the current average market yield on outstanding mar15 ketable obligations of the United States of comparable ma16 turities from the date of enactment of this subsection to

17 the last day of the month preceding the date on which

18 payment is made.

19 ‘‘(3) In the absence of a negotiated settlement, or an

20 action by the owner, within 1 year after the date of enact21 ment of this subsection, the Secretary shall initiate a pro22 ceeding, seeking in a court of competent jurisdiction a de23 termination of just compensation with respect to the tak24 ing of such property.
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1 ‘‘(4) The Secretary shall not allow any unauthorized

2 use of the lands to be acquired under this subsection, ex3 cept that the Secretary shall permit the orderly termi4 nation of all current activities and the removal of any

5 equipment, facilities, or personal property.’’.

6 SEC. 818. NATIONAL PARK AGREEMENTS.

7 Section 3 of the Act entitled ‘‘An Act to improve the

8 administration of the National Park System by the Sec9 retary of the Interior, and to clarify the authorities appli10 cable to the system, and for other purposes’’ approved Au11 gust 18, 1970 (16 U.S.C. 1a–2), is amended—

12 (1) in paragraph (i), by striking the period at

13 the end thereof and inserting in lieu thereof ‘‘; and’’;

14 and

15 (2) by adding at the end thereof the following:

16 ‘‘(j) Enter into cooperative agreements with public or

17 private educational institutions, States, and their political

18 subdivisions, for the purpose of developing adequate, co19 ordinated, cooperative research and training programs

20 concerning the resources of the National Park System,

21 and, pursuant to any such agreements, to accept from and

22 make available to the cooperator such technical and sup23 port staff, financial assistance for mutually agreed upon

24 research projects, supplies and equipment, facilities, and

25 administrative services relating to cooperative research
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1 units as the Secretary deems appropriate; except that this

2 paragraph shall not waive any requirements for research

3 projects that are subject to the Federal procurement regu4 lations.’’.

5 TITLE IX—HERITAGE AREAS

6 SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERIT7 AGE CORRIDOR.

8 (a) BOUNDARY CHANGES.—Section 2 of the Act enti9 tled ‘‘An Act to establish the Blackstone River Valley Na10 tional Heritage Corridor in Massachusetts and Rhode Is11 land’’, approved November 10, 1986 (Public Law 99–647;

12 16 U.S.C. 461 note), is amended by striking the first sen13 tence and inserting the following new sentence: ‘‘The

14 boundaries shall include the lands and water generally de15 picted on the map entitled ‘Blackstone River Valley Na16 tional Heritage Corridor Boundary Map’, numbered

17 BRV–80–80,011, and dated May 2, 1993.’’.

18 (b) TERMS.—Section 3(c) of the Act entitled ‘‘An Act

19 to establish the Blackstone River Valley National Heritage

20 Corridor in Massachusetts and Rhode Island’’, approved

21 November 10, 1986 (Public Law 99–647; 16 U.S.C. 461

22 note), is amended by inserting before the period at the

23 end the following: ‘‘, but may continue to serve after the

24 expiration of this term until a successor has been ap25 pointed’’.
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1 (c) REVISION OF PLAN.—Section 6 of the Act enti2 tled ‘‘An Act to establish the Blackstone River Valley Na3 tional Heritage Corridor in Massachusetts and Rhode Is4 land’’, approved November 10, 1986 (Public Law 99–647;

5 16 U.S.C. 461 note), is amended by adding at the end

6 the following new subsection:

7 ‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year

8 after the date of the enactment of this subsection, the

9 Commission, with the approval of the Secretary, shall re10 vise the Cultural Heritage and Land Management Plan.

11 The revision shall address the boundary change and shall

12 include a natural resource inventory of areas or features

13 that should be protected, restored, managed, or acquired

14 because of their contribution to the understanding of na15 tional cultural landscape values.

16 ‘‘(2) No changes other than minor revisions may be

17 made in the approval plan as amended without the ap18 proval of the Secretary. The Secretary shall approve or

19 disapprove any proposed changes in the plan, except minor

20 revisions, in accordance with subsection (b).’’.

21 (d) EXTENSION OF COMMISSION.—Section 7 of the

22 Act entitled ‘‘An Act to establish the Blackstone River

23 Valley National Heritage Corridor in Massachusetts and

24 Rhode Island’’, approved November 10, 1986 (Public Law
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1 99–647; 16 U.S.C. 461 note), is amended to read as fol2 lows:

3 ‘‘SEC. 7. TERMINATION OF COMMISSION.

4 ‘‘The Commission shall terminate on the date that

5 is 10 years after the date of enactment of this section.’’.

6 (e) IMPLEMENTATION OF PLAN.—Subsection (c) of

7 section 8 of the Act entitled ‘‘An Act to establish the

8 Blackstone River Valley National Heritage Corridor in

9 Massachusetts and Rhode Island’’, approved November

10 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

11 amended to read as follows:

12 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple13 mentation of the Cultural Heritage and Land Manage14 ment Plan in a manner consistent with purposes of this

15 Act, the Secretary is authorized to undertake a limited

16 program of financial assistance for the purpose of provid17 ing funds for the preservation and restoration of struc18 tures on or eligible for inclusion on the National Register

19 of Historic Places within the Corridor which exhibit na20 tional significance or provide a wide spectrum of historic,

21 recreational, or environmental education opportunities to

22 the general public.

23 ‘‘(2) To be eligible for funds under this section, the

24 Commission shall submit an application to the Secretary

25 that includes—
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1 ‘‘(A) a 10-year development plan including

2 those resource protection needs and projects critical

3 to maintaining or interpreting the distinctive char4 acter of the Corridor; and

5 ‘‘(B) specific descriptions of annual work pro6 grams that have been assembled, the participating

7 parties, roles, cost estimates, cost-sharing, or cooper8 ative agreements necessary to carry out the develop9 ment plan.

10 ‘‘(3) Funds made available pursuant to this sub11 section shall not exceed 50 percent of the total cost of the

12 work programs.

13 ‘‘(4) In making the funds available, the Secretary

14 shall give priority to projects that attract greater non-Fed15 eral funding sources.

16 ‘‘(5) Any payment made for the purposes of conserva17 tion or restoration of real property or structures shall be

18 subject to an agreement either—

19 ‘‘(A) to convey a conservation or preservation

20 easement to the Department of Environmental Man21 agement or to the Historic Preservation Commis22 sion, as appropriate, of the State in which the real

23 property or structure is located; or

24 ‘‘(B) that conversion, use, or disposal of the re25 sources so assisted for purposes contrary to the pur-
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1 poses of this Act, as determined by the Secretary,

2 shall result in a right of the United States for reim3 bursement of all funds expended upon such re4 sources or the proportion of the increased value of

5 the resources attributable to such funds as deter6 mined at the time of such conversion, use, or dis7 posal, whichever is greater.

8 ‘‘(6) The authority to determine that a conversion,

9 use, or disposal of resources has been carried out contrary

10 to the purposes of this Act in violation of an agreement

11 entered into under paragraph (5)(A) shall be solely at the

12 discretion of the Secretary.’’.

13 (f) LOCAL AUTHORITY.—Section 5 of the Act entitled

14 ‘‘An Act to establish the Blackstone River Valley National

15 Heritage Corridor in Massachusetts and Rhode Island’’,

16 approved November 10, 1986 (Public Law 99–647; 16

17 U.S.C. 461 note), is amended by adding at the end the

18 following new subsection:

19 ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY

20 NOT AFFECTED.—Nothing in this Act shall be construed

21 to affect or to authorize the Commission to interfere

22 with—

23 ‘‘(1) the rights of any person with respect to

24 private property; or
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1 ‘‘(2) any local zoning ordinance or land use

2 plan of the Commonwealth of Massachusetts or any

3 political subdivision of the Commonwealth.’’.

4 (g) AUTHORIZATION OF APPROPRIATIONS.—Notwith5 standing any other provisions of law regarding limitations

6 on funding for heritage areas, section 10 of the Act enti7 tled ‘‘An Act to establish the Blackstone River Valley Na8 tional Heritage Corridor in Massachusetts and Rhode Is9 land’’, approved November 10, 1986 (Public Law 99–647;

10 16 U.S.C. 461 note), as amended, is further amended:

11 (1) in subsection (a), by striking ‘‘$350,000’’

12 and inserting ‘‘$650,000’’; and

13 (2) by amending subsection (b) to read as fol14 lows:

15 ‘‘(b) DEVELOPMENT FUNDS.—For fiscal year 1996,

16 1997, and 1998, there is authorized to be appropriated

17 to carry out section 8(c) not to exceed $5,000,000.’’.

18 SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HER19 ITAGE CORRIDOR.

20 The Illinois and Michigan Canal National Heritage

21 Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461

22 note) is amended by inserting after section 117 the follow23 ing new section:
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1 ‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.

2 ‘‘The Commission shall undertake a study to deter3 mine whether the Joliet Army Ammunition Plant and the

4 Calumet-Sag and Chicago Sanitary and Ship Canals

5 should be added to the corridor. The study shall specifi6 cally examine the relationship between the purposes of this

7 Act and the areas proposed for study and shall identify

8 any specific resources which are related to the purposes

9 for which the corridor was established. The study shall

10 propose boundaries which provide for the inclusion of any

11 related resources within the corridor. The Commission

12 shall submit the study to the Secretary and the appro13 priate congressional committees. Upon receipt of the

14 study, the Secretary shall determine which lands (if any)

15 should be added to the corridor and shall so notify the

16 appropriate congressional committees.’’.

17 TITLE X—MISCELLANEOUS

18 Subtitle A—Tallgrass Prairie

19 National Preserve

20 SEC. 1001. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Tallgrass Prairie

22 National Preserve Act of 1996’’.

23 SEC. 1002. FINDINGS AND PURPOSES.

24 (a) FINDINGS.—Congress finds that—

25 (1) of the 400,000 square miles of tallgrass

26 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 the 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 Unit11 ed States is subject to the terms and conditions of

12 the Federal Tort Claims Act, as amended, 28 U.S.C.

13 2671 et seq., with respect to the claims arising by

14 virtue of the Secretary’s administration of the Pre15 serve 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) AGREEMENT 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 De-
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1 partment of Wildlife and Parks, the Kansas

2 Historical Society, and other interested parties.

3 (3) CONTENT OF PLAN.—The general manage4 ment plan shall provide for the following:

5 (A) Maintaining and enhancing the tall

6 grass prairie within the boundaries of the Pre7 serve.

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 (15 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 interests 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. RECREATION LAKES.

20 (a) FINDINGS AND PURPOSES.—The Congress finds

21 that the Federal Government, under the authority of the

22 Reclamation Act and other statutes, has developed man23 made lakes and reservoirs that have become a powerful

24 magnet for diverse recreational activities and that such ac25 tivities contribute to the well-being of families and individ-
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1 uals and the economic viability of local communities. The

2 Congress further finds that in order to further the pur3 poses of the Land and Water Conservation Fund, the

4 President should appoint an advisory commission to re5 view the current and anticipated demand for recreational

6 opportunities at federally-managed manmade lakes and

7 reservoirs through creative partnerships involving Federal,

8 State, and local governments and the private sector and

9 to develop alternatives for enhanced recreational use of

10 such facilities.

11 (b) COMMISSION.—The Land and Water Conserva12 tion Fund Act of 1965 (Public Law 88–578, 78 Stat. 897)

13 is amended by adding at the end the following new section:

14 ‘‘SEC. 13. (a) The President shall appoint an advisory

15 commission to review the opportunities for enhanced op16 portunities for water-based recreation which shall submit

17 a report to the President and to the Committee on Energy

18 and Natural Resources of the Senate and to the Commit19 tee on Transportation and Infrastructure and the Com20 mittee on Resources of the House of Representatives with21 in one year from the date of enactment of this section.

22 ‘‘(b) The members of the Commission shall include—

23 ‘‘(1) the Secretary of the Interior, or his des24 ignee;

25 ‘‘(2) the Secretary of the Army, or his designee;
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1 ‘‘(3) the Chairman of the Tennessee Valley Au2 thority, or his designee;

3 ‘‘(4) the Secretary of Agriculture, or his des4 ignee;

5 ‘‘(5) a person nominated by the National Gov6 ernor’s Association; and

7 ‘‘(6) four persons familiar with the interests of

8 the recreation and tourism industry, conservation

9 and recreation use, Indian tribes, and local govern10 ments, at least one of whom shall be familiar with

11 the economics and financing of recreation related in12 frastructure.

13 ‘‘(c) The President shall appoint one member to serve

14 as Chairman. Any vacancy on the Commission shall be

15 filled in the same manner as the original appointment.

16 Members of the Commission shall serve without compensa17 tion but shall be reimbursed for travel, subsistence, and

18 other necessary expenses incurred by them in the perform19 ance of their duties. The Secretary of the Interior shall

20 provide all financial, administrative, and staffing require21 ments for the Commission, including office space, furnish22 ings, and equipment. The heads of other Federal agencies

23 are authorized, at the request of the Commission, to pro24 vide such information or personnel, to the extent per25 mitted by law and within the limits of available funds, to
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1 the Commission as may be useful to accomplish the pur2 poses of this section.

3 ‘‘(d) The Commission may hold such hearings, sit

4 and act at such times and places, take such testimony,

5 and receive such evidence as it deems advisable: Provided,

6 That, to the maximum extent possible, the Commission

7 shall use existing data and research. The Commission is

8 authorized to use the United States mail in the same man9 ner and upon the same conditions as other departments

10 and agencies of the United States.

11 ‘‘(e) The report shall review the extent of water relat12 ed recreation at Federal manmade lakes and reservoirs

13 and shall develop alternatives to enhance the opportunities

14 for such use by the public. In developing the report, the

15 Commission shall—

16 ‘‘(1) review the extent to which recreation com17 ponents identified in specific authorizations associ18 ated with individual Federal manmade lakes and

19 reservoirs have been accomplished;

20 ‘‘(2) evaluate the feasibility of enhancing recre21 ation opportunities at federally-managed lakes and

22 reservoirs under existing statutes;

23 ‘‘(3) consider legislative changes that would en24 hance recreation opportunities consistent with and
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1 subject to the achievement of the authorized pur2 poses of Federal water projects; and

3 ‘‘(4) make recommendations on alternatives for

4 enhanced recreation opportunities including, but not

5 limited to, the establishment of a National Recre6 ation Lake System under which specific lakes would

7 receive national designation and which would be

8 managed through innovative partnership-based

9 agreements between Federal agencies, State and

10 local units of government, and the private sector.

11 Any such alternatives shall be consistent with and subject

12 to the authorized purposes for any manmade lakes and

13 reservoirs and shall emphasize private sector initiatives in

14 concert with State and local units of government.’’.

15 SEC. 1022. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND

16 FOSSIL FOREST PROTECTION.

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

18 ‘‘Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest

19 Protection Act’’.

20 (b) WILDERNESS DESIGNATION.—Section 102 of the

21 San Juan Basin Wilderness Protection Act of 1984 (98

22 Stat. 3155) is amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘wilderness, and, there25 fore,’’ and all that follows through ‘‘System—
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1 ’’ and inserting ‘‘wilderness areas, and as one

2 component of the National Wilderness Preser3 vation System, to be known as the ‘Bisti/De4 Na-Zin Wilderness’—’’;

5 (B) in paragraph (1), by striking ‘‘, and

6 which shall be known as the Bisti Wilderness;

7 and’’ and inserting a semicolon;

8 (C) in paragraph (2), by striking ‘‘, and

9 which shall be known as the De-Na-Zin Wilder10 ness.’’ and inserting ‘‘; and ’’; and

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

12 paragraph:

13 ‘‘(3) certain lands in the Farmington District of

14 the Bureau of Land Management, New Mexico,

15 which comprise approximately 16,525 acres, as gen16 erally depicted on a map entitled ‘Bisti/De-Na-Zin

17 Wilderness Amendment Proposal’, dated May

18 1992.’’;

19 (2) in the first sentence of subsection (c), by in20 serting after ‘‘of this Act’’ the following: ‘‘with re21 gard to the areas described in paragraphs (1) and

22 (2) of subsection (a), and as soon as practicable

23 after the date of enactment of subsection (a)(3) with

24 regard to the area described in subsection (a)(3)’’;
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1 (3) in subsection (d), by inserting after ‘‘of this

2 Act’’ the following: ‘‘with regard to the areas de3 scribed in paragraphs (1) and (2) of subsection (a),

4 and where established prior to the date of enactment

5 of subsection (a)(3) with regard to the area de6 scribed in subsection (a)(3)’’; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(e)(1) Subject to valid existing rights, the lands de10 scribed in subsection (a)(3) are withdrawn from all forms

11 of appropriation under the mining laws and from disposi12 tion under all laws pertaining to mineral leasing, geo13 thermal leasing, and mineral material sales.

14 ‘‘(2) The Secretary of the Interior may issue coal

15 leases in New Mexico in exchange for any preference right

16 coal lease application within the area described in sub17 section (a)(3). Such exchanges shall be made in accord18 ance with applicable existing laws and regulations relating

19 to coal leases after a determination has been made by the

20 Secretary that the applicant is entitled to a preference

21 right lease and that the exchange is in the public interest.

22 ‘‘(3) Operations on oil and gas leases issued prior to

23 the date of enactment of subsection (a)(3) shall be subject

24 to the applicable provisions of Group 3100 of title 43,

25 Code of Federal Regulations (including section 3162.5–
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1 1), and such other terms, stipulations, and conditions as

2 the Secretary of the Interior considers necessary to avoid

3 significant disturbance of the land surface or impairment

4 of the ecological, educational, scientific, recreational, sce5 nic, and other wilderness values of the lands described in

6 subsection (a)(3) in existence on the date of enactment

7 of subsection (a)(3). In order to satisfy valid existing

8 rights on the lands described in subsection (a)(3), the Sec9 retary of the Interior may exchange any oil and gas lease

10 within this area for an unleased parcel outside this area

11 of like mineral estate and with similar appraised mineral

12 values.’’.

13 (c) EXCHANGES FOR STATE LANDS.—Section 104 of

14 the San Juan Basin Wilderness Protection Act of 1984

15 (98 Stat. 3156) is amended—

16 (1) in the first sentence of subsection (b), by in17 serting after ‘‘of this Act’’ the following: ‘‘with re18 gard to the areas described in paragraphs (1) and

19 (2) of subsection (a), and not later than 120 days

20 after the date of enactment of subsection (a)(3) with

21 regard to the area described in subsection (a)(3)’’;

22 (2) in subsection (c), by inserting before the pe23 riod the following: ‘‘with regard to the areas de24 scribed in paragraphs (1) and (2) of subsection (a),

25 and as of the date of enactment of subsection (a)(3)
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1 with regard to the area described in subsection

2 (a)(3)’’; and

3 (3) in the last sentence of subsection (d), by in4 serting before the period the following: ‘‘with regard

5 to the areas described in paragraphs (1) and (2) of

6 subsection (a), and not later than 2 years after the

7 date of enactment of subsection (a)(3) with regard

8 to the area described in subsection (a)(3)’’.

9 (d) EXCHANGES FOR INDIAN LANDS.—Section 105

10 of the San Juan Basin Wilderness Protection Act of 1984

11 (98 Stat. 3157) is amended by adding at the end the fol12 lowing new subsection:

13 ‘‘(d)(1) The Secretary of the Interior shall exchange

14 any lands held in trust for the Navajo Tribe by the Bureau

15 of Indian Affairs that are within the boundary of the area

16 described in subsection (a)(3).

17 ‘‘(2) The lands shall be exchanged for lands within

18 New Mexico approximately equal in value that are selected

19 by the Navajo Tribe.

20 ‘‘(3) After the exchange, the lands selected by the

21 Navajo Tribe shall be held in trust by the Secretary of

22 the Interior in the same manner as the lands described

23 in paragraph (1).’’.
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1 (e) FOSSIL FOREST RESEARCH NATURAL AREA.—

2 Section 103 of the San Juan Basin Wilderness Protection

3 Act of 1984 (98 Stat. 3156) is amended to read as follows:

4 ‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

5 ‘‘(a) ESTABLISHMENT.—To conserve and protect

6 natural values and to provide scientific knowledge, edu7 cation, and interpretation for the benefit of future genera8 tions, there is established the Fossil Forest Research Nat9 ural Area (referred to in this section as the ‘Area’), con10 sisting of the approximately 2,770 acres in the Farming11 ton District of the Bureau of Land Management, New

12 Mexico, as generally depicted on a map entitled ‘Fossil

13 Forest’, dated June 1983.

14 ‘‘(b) MAP AND LEGAL DESCRIPTION.—

15 ‘‘(1) IN GENERAL.—As soon as practicable

16 after the date of enactment of this paragraph, the

17 Secretary of the Interior shall file a map and legal

18 description of the Area with the Committee on En19 ergy and Natural Resources of the Senate and the

20 Committee on Natural Resources of the House of

21 Representatives.

22 ‘‘(2) FORCE AND EFFECT.—The map and legal

23 description described in paragraph (1) shall have the

24 same force and effect as if included in this Act.
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1 ‘‘(3) TECHNICAL CORRECTIONS.—The Sec2 retary of the Interior may correct clerical, typo3 graphical, and cartographical errors in the map and

4 legal description subsequent to filing the map pursu5 ant to paragraph (1).

6 ‘‘(4) PUBLIC INSPECTION.—The map and legal

7 description shall be on file and available for public

8 inspection in the Office of the Director of the Bu9 reau of Land Management, Department of the Inte10 rior.

11 ‘‘(c) MANAGEMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary of the Inte13 rior, acting through the Director of the Bureau of

14 Land Management, shall manage the Area—

15 ‘‘(A) to protect the resources within the

16 Area; and

17 ‘‘(B) in accordance with this Act, the Fed18 eral Land Policy and Management Act of 1976

19 (43 U.S.C. 1701 et seq.), and other applicable

20 provisions of law.

21 ‘‘(2) MINING.—

22 ‘‘(A) WITHDRAWAL.—Subject to valid ex23 isting rights, the lands within the Area are

24 withdrawn from all forms of appropriation

25 under the mining laws and from disposition
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1 under all laws pertaining to mineral leasing,

2 geothermal leasing, and mineral material sales.

3 ‘‘(B) COAL PREFERENCE RIGHTS.—The

4 Secretary of the Interior is authorized to issue

5 coal leases in New Mexico in exchange for any

6 preference right coal lease application within

7 the Area. Such exchanges shall be made in ac8 cordance with applicable existing laws and regu9 lations relating to coal leases after a determina10 tion has been made by the Secretary that the

11 applicant is entitled to a preference right lease

12 and that the exchange is in the public interest.

13 ‘‘(C) OIL AND GAS LEASES.—Operations

14 on oil and gas leases issued prior to the date of

15 enactment of this paragraph shall be subject to

16 the applicable provisions of Group 3100 of title

17 43, Code of Federal Regulations (including sec18 tion 3162.5–1), and such other terms, stipula19 tions, and conditions as the Secretary of the In20 terior considers necessary to avoid significant

21 disturbance of the land surface or impairment

22 of the natural, educational, and scientific re23 search values of the Area in existence on the

24 date of enactment of this paragraph.
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1 ‘‘(3) GRAZING.—Livestock grazing on lands

2 within the Area may not be permitted.

3 ‘‘(d) INVENTORY.—Not later than 3 full fiscal years

4 after the date of enactment of this subsection, the Sec5 retary of the Interior, acting through the Director of the

6 Bureau of Land Management, shall develop a baseline in7 ventory of all categories of fossil resources within the

8 Area. After the inventory is developed, the Secretary shall

9 conduct monitoring surveys at intervals specified in the

10 management plan developed for the Area in accordance

11 with subsection (e).

12 ‘‘(e) MANAGEMENT PLAN.—

13 ‘‘(1) IN GENERAL.—Not later than 5 years

14 after the date of enactment of this Act, the Sec15 retary of the Interior shall develop and submit to the

16 Committee on Energy and Natural Resources of the

17 Senate and the Committee on Natural Resources of

18 the House of Representatives a management plan

19 that describes the appropriate use of the Area con20 sistent with this Act.

21 ‘‘(2) CONTENTS.—The management plan shall

22 include—

23 ‘‘(A) a plan for the implementation of a

24 continuing cooperative program with other

25 agencies and groups for—
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1 ‘‘(i) laboratory and field interpreta2 tion; and

3 ‘‘(ii) public education about the re4 sources and values of the Area (including

5 vertebrate fossils);

6 ‘‘(B) provisions for vehicle management

7 that are consistent with the purpose of the Area

8 and that provide for the use of vehicles to the

9 minimum extent necessary to accomplish an in10 dividual scientific project;

11 ‘‘(C) procedures for the excavation and col12 lection of fossil remains, including botanical fos13 sils, and the use of motorized and mechanical

14 equipment to the minimum extent necessary to

15 accomplish an individual scientific project; and

16 ‘‘(D) mitigation and reclamation standards

17 for activities that disturb the surface to the det18 riment of scenic and environmental values.’’.

19 SEC. 1023. OPAL CREEK WILDERNESS AND SCENIC RECRE20 ATION AREA.

21 (a) DEFINITIONS.—In this section:

22 (1) BULL OF THE WOODS WILDERNESS.—The

23 term ‘‘Bull of the Woods Wilderness’’ means the

24 land designated as wilderness by section 3(4) of the
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1 Oregon Wilderness Act of 1984 (Public Law 98–

2 328; 16 U.S.C. 1132 note).

3 (2) OPAL CREEK WILDERNESS.—The term

4 ‘‘Opal Creek Wilderness’’ means certain land in the

5 Willamette National Forest in the State of Oregon

6 comprising approximately 12,800 acres, as generally

7 depicted on the map entitled ‘‘Proposed Opal Creek

8 Wilderness and Scenic Recreation Area’’, dated July

9 1996.

10 (3) SCENIC RECREATION AREA.—The term

11 ‘‘Scenic Recreation Area’’ means the Opal Creek

12 Scenic Recreation Area, comprising approximately

13 13,000 acres, as generally depicted on the map enti14 tled ‘‘Proposed Opal Creek Wilderness and Scenic

15 Recreation Area’’, dated July 1996 and established

16 under subsection (c)(1)(C).

17 (4) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Agriculture.

19 (b) PURPOSES.—The purposes of this section are—

20 (1) to establish a wilderness and scenic recre21 ation area to protect and provide for the enhance22 ment of the natural, scenic, recreational, historic

23 and cultural resources of the area in the vicinity of

24 Opal Creek;
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1 (2) to protect and support the economy of the

2 communities of the Santiam Canyon; and

3 (3) to provide increased protection for an im4 portant drinking water source for communities

5 served by the North Santiam River.

6 (c) ESTABLISHMENT OF OPAL CREEK WILDERNESS

7 AND SCENIC RECREATION AREA.—

8 (1) ESTABLISHMENT.—On a determination by

9 the Secretary under paragraph (2)—

10 (A) the Opal Creek Wilderness, as depicted

11 on the map described in subsection (a)(2), is

12 hereby designated as wilderness, subject to the

13 provisions of the Wilderness Act of 1964, shall

14 become a component of the National Wilderness

15 System, and shall be known as the Opal Creek

16 Wilderness;

17 (B) the part of the Bull of the Woods Wil18 derness that is located in the Willamette Na19 tional Forest shall be incorporated into the

20 Opal Creek Wilderness; and

21 (C) the Secretary shall establish the Opal

22 Creek Scenic Recreation Area in the Willamette

23 National Forest in the State of Oregon, com24 prising approximately 13,000 acres, as gen-
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1 erally depicted on the map described in sub2 section (a)(3).

3 (2) CONDITIONS.—The designations in para4 graph (1) shall not take effect unless the Secretary

5 makes a determination, not later than 2 years after

6 the date of enactment of this title, that the following

7 conditions have been met:

8 (A) the following have been donated to the

9 United States in an acceptable condition and

10 without encumbrances:

11 (i) all right, title, and interest in the

12 following patented parcels of land—

13 (I) Santiam Number 1, mineral

14 survey number 992, as described in

15 patent number 39–92–0002, dated

16 December 11, 1991;

17 (II) Ruth Quartz Mine Number

18 2, mineral survey number 994, as de19 scribed in patent number 39–91–

20 0012, dated February 12, 1991;

21 (III) Morning Star Lode, mineral

22 survey number 993, as described in

23 patent number 36–91–0011, dated

24 February 12, 1991;
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1 (ii) all right, title, and interest held by

2 any entity other than the Times Mirror

3 Land and Timber Company, its successors

4 and assigns, in and to lands located in sec5 tion 18, township 8 south, range 5 east,

6 Marion County, Oregon, Eureka numbers

7 6, 7, 8, and 13 mining claims; and

8 (iii) an easement across the Hewitt,

9 Starvation, and Poor Boy Mill Sites, min10 eral survey number 990, as described in

11 patent number 36–91–0017, dated May 9,

12 1991. In the sole discretion of the Sec13 retary, such easement may be limited to

14 administrative use if an alternative access

15 route, adequate and appropriate for public

16 use, is provided.

17 (B) a binding agreement has been executed

18 by the Secretary and the owners of record as of

19 March 29, 1996, of the following interests,

20 specifying the terms and conditions for the dis21 position of such interests to the United States

22 Government—

23 (i) The lode mining claims known as

24 Princess Lode, Black Prince Lode, and

25 King Number 4 Lode, embracing portions
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1 of sections 29 and 32, township 8 south,

2 range 5 east, Willamette Meridian, Marion

3 County, Oregon, the claims being more

4 particularly described in the field notes

5 and depicted on the plat of mineral survey

6 number 887, Oregon; and

7 (ii) Ruth Quartz Mine Number 1,

8 mineral survey number 994, as described

9 in patent number 39–91–0012, dated Feb10 ruary 12, 1991.

11 (3) ADDITIONS TO THE WILDERNESS AND SCE12 NIC RECREATION AREAS.—

13 (A) Lands or interests in lands conveyed to

14 the United States under this subsection shall be

15 included in and become part of, as appropriate,

16 Opal Creek Wilderness or the Opal Creek Sce17 nic Recreation Area.

18 (B) On acquiring all or substantially all of

19 the land located in section 36, township 8

20 south, range 4 east, of the Willamette Meridian,

21 Marion County, Oregon, commonly known as

22 the Rosboro section by exchange, purchase from

23 a willing seller, or by donation, the Secretary

24 shall expand the boundary of the Scenic Recre25 ation Area to include such land.
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1 (C) On acquiring all or substantially all of

2 the land located in section 18, township 8

3 south, range 5 east, Marion County, Oregon,

4 commonly known as the Time Mirror property,

5 by exchange, purchase from a willing seller, or

6 by donation, such land shall be included in and

7 become a part of the Opal Creek Wilderness.

8 (d) ADMINISTRATION OF THE SCENIC RECREATION

9 AREA.—

10 (1) IN GENERAL.—The Secretary shall admin11 ister the Scenic Recreation Area in accordance with

12 this section and the laws (including regulations) ap13 plicable to the National Forest System.

14 (2) OPAL CREEK MANAGEMENT PLAN.—

15 (A) IN GENERAL.—Not later than 2 years

16 after the date of establishment of the Scenic

17 Recreation Area, the Secretary, in consultation

18 with the advisory committee established under

19 subsection (e)(1), shall prepare a comprehensive

20 Opal Creek Management Plan (Management

21 Plan) for the Scenic Recreation Area.

22 (B) INCORPORATION IN LAND AND RE23 SOURCE MANAGEMENT.—Upon its completion,

24 the Opal Creek Management Plan shall become

25 part of the land and resource management plan
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1 for the Willamette National Forest and super2 sede any conflicting provision in such land and

3 resource management plan. Nothing in this

4 paragraph shall be construed to supersede the

5 requirements of the Endangered Species Act or

6 the National Forest Management Act or regula7 tions promulgated under those Acts, or any

8 other law.

9 (C) REQUIREMENTS.—The Opal Creek

10 Management Plan shall provide for a broad

11 range of land uses, including—

12 (i) recreation;

13 (ii) harvesting of nontraditional forest

14 products, such as gathering mushrooms

15 and material to make baskets; and

16 (iii) educational and research opportu17 nities.

18 (D) PLAN AMENDMENTS.—The Secretary

19 may amend the Opal Creek Management Plan

20 as the Secretary may determine to be nec21 essary, consistent with the procedures and pur22 poses of this section.

23 (3) CULTURAL AND HISTORIC RESOURCE IN24 VENTORY.—
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1 (A) IN GENERAL.—Not later than 1 year

2 after the date of establishment of the Scenic

3 Recreation Area, the Secretary shall review and

4 revise the inventory of the cultural and historic

5 resources on the public land in the Scenic

6 Recreation Area developed pursuant to the Or7 egon Wilderness Act of 1984 (Public Law 98–

8 328; 16 U.S.C. 1132).

9 (B) INTERPRETATION.—Interpretive activi10 ties shall be developed under the management

11 plan in consultation with State and local his12 toric preservation organizations and shall in13 clude a balanced and factual interpretation of

14 the cultural, ecological, and industrial history of

15 forestry and mining in the Scenic Recreation

16 Area.

17 (4) TRANSPORTATION PLANNING.—

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

19 this subparagraph, motorized vehicles shall not

20 be permitted in the Scenic Recreation Area. To

21 maintain reasonable motorized and other access

22 to recreation sites and facilities in existence on

23 the date of enactment of this title, the Sec24 retary shall prepare a transportation plan for

25 the Scenic Recreation Area that—
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1 (i) evaluates the road network within

2 the Scenic Recreation Area to determine

3 which roads should be retained and which

4 roads should be closed;

5 (ii) provides guidelines for transpor6 tation and access consistent with this sec7 tion;

8 (iii) considers the access needs of per9 sons with disabilities in preparing the

10 transportation plan for the Scenic Recre11 ation Area;

12 (iv) allows forest road 2209 beyond

13 the gate to the Scenic Recreation Area, as

14 depicted on the map described in sub15 section (a)(2), to be used by motorized ve16 hicles only for administrative purposes and

17 for access by private inholders, subject to

18 such terms and conditions as the Secretary

19 may determine to be necessary; and

20 (v) restricts construction or improve21 ment of forest road 2209 beyond the gate

22 to the Scenic Recreation Area to maintain23 ing the character of the road as it existed

24 upon the date of enactment of this Act,

25 which shall not include paving or widening.
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1 In order to comply with subsection (f)(2), the Sec2 retary may make improvements to forest road 2209

3 and its bridge structures consistent with the char4 acter of the road as it existed on the date of enact5 ment of this Act.

6 (5) HUNTING AND FISHING.—

7 (A) IN GENERAL.—Subject to applicable

8 Federal and State law, the Secretary shall per9 mit hunting and fishing in the Scenic Recre10 ation Area.

11 (B) LIMITATION.—The Secretary may des12 ignate zones in which, and establish periods

13 when, no hunting or fishing shall be permitted

14 for reasons of public safety, administration, or

15 public use and enjoyment of the Scenic Recre16 ation Area.

17 (C) CONSULTATION.—Except during an

18 emergency, as determined by the Secretary, the

19 Secretary shall consult with the Oregon State

20 Department of Fish and Wildlife before issuing

21 any regulation under this subsection.

22 (6) TIMBER CUTTING.—

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary shall prohibit the cut-
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1 ting and/or selling of trees in the Scenic Res2 ervation Area.

3 (B) PERMITTED CUTTING.—

4 (i) IN GENERAL.—Subject to clause

5 (ii), the Secretary may allow the cutting of

6 trees in the Scenic Recreation Area only—

7 (I) for public safety, such as to

8 control the continued spread of a for9 est fire in the Scenic Recreation Area

10 or on land adjacent to the Scenic

11 Recreation Area;

12 (II) for activities related to ad13 ministration of the Scenic Recreation

14 Area, consistent with the Opal Creek

15 Management Plan; or

16 (III) for removal of hazard trees

17 along trails and roadways.

18 (ii) SALVAGE SALES.—The Secretary

19 may not allow a salvage sale in the Scenic

20 Recreation Area.

21 (7) WITHDRAWAL.—

22 (A) subject to valid existing rights, all

23 lands in the Scenic Recreation Area are with24 drawn from—
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1 (i) any form of entry, appropriation,

2 or disposal under the public lands laws;

3 (ii) location, entry, and patent under

4 the mining laws; and

5 (iii) disposition under the mineral and

6 geothermal leasing laws.

7 (8) BORNITE PROJECT.—

8 (A) Nothing in this section shall be con9 strued to interfere with or approve any explo10 ration, mining, or mining-related activity in the

11 Bornite Project Area, depicted on the map de12 scribed in subsection (a)(3), conducted in ac13 cordance with applicable laws.

14 (B) Nothing in this section shall be con15 strued to interfere with the ability of the Sec16 retary to approve and issue, or deny, special use

17 permits in connection with exploration, mining,

18 and mining-related activities in the Bornite

19 Project Area.

20 (C) Motorized vehicles, roads, structures,

21 and utilities (including but not limited to power

22 lines and water lines) may be allowed inside the

23 Scenic Recreation Area to serve the activities

24 conducted on land within the Bornite Project.
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1 (D) After the date of enactment of this

2 Act, no patent shall be issued for any mining

3 claim under the general mining laws located

4 within the Bornite Project Area.

5 (9) WATER IMPOUNDMENTS.—Notwithstanding

6 the Federal Power Act (16 U.S.C. 791a et seq.), the

7 Federal Energy Regulatory Commission may not li8 cense the construction of any dam, water conduit,

9 reservoir, powerhouse, transmission line, or other

10 project work in the Scenic Recreation Area, except

11 as may be necessary to comply with the provisions

12 of paragraph (8) with regard to the Bornite Project.

13 (10) RECREATIONS.—

14 (A) RECOGNITION.—Congress recognizes

15 recreation as an appropriate use of the Scenic

16 Recreation Area.

17 (B) MINIMUM LEVELS.—The management

18 plan shall permit recreation activities at not less

19 than the levels in existence on the date of en20 actment of this Act.

21 (C) HIGHER LEVELS.—The management

22 plan may provide for levels of recreation use

23 higher than the levels in existence on the date

24 of enactment of this Act if such uses are con-
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1 sistent with the protection of the resource val2 ues of the Scenic Recreation Area.

3 (D) The management plan may include

4 public trail access through section 28, township

5 8 south, range 5 east, Willamette Meridian, to

6 Battle Ax Creek, Opal Pool and other areas in

7 the Opal Creek Wilderness and the Opal Creek

8 Scenic Recreation Area.

9 (11) PARTICIPATION.—So that the knowledge,

10 expertise, and views of all agencies and groups may

11 contribute affirmatively to the most sensitive present

12 and future use of the Scenic Recreation Area and its

13 various subareas for the benefit of the public:

14 (A) ADVISORY COUNCIL.—The Secretary

15 shall consult on a periodic and regular basis

16 with the advisory council established under sub17 section (e) with respect to matters relating to

18 management of the Scenic Recreation Area.

19 (B) PUBLIC PARTICIPATION.—The Sec20 retary shall seek the views of private groups, in21 dividuals, and the public concerning the Scenic

22 Recreation Area.

23 (C) OTHER AGENCIES.—The Secretary

24 shall seek the views and assistance of, and co25 operate with, any other Federal, State, or local
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1 agency with any responsibility for the zoning,

2 planning, or natural resources of the Scenic

3 Recreation Area.

4 (D) NONPROFIT AGENCIES AND ORGANIZA5 TIONS.—The Secretary shall seek the views of

6 any nonprofit agency or organization that may

7 contribute information or expertise about the

8 resources and the management of the Scenic

9 Recreation Area.

10 (e) ADVISORY COUNCIL.—

11 (1) ESTABLISHMENT.—Not later than 90 days

12 after the establishment of the Scenic Recreation

13 Area, the Secretary shall establish an advisory coun14 cil for the Scenic Recreation Area.

15 (2) MEMBERSHIP.—The advisory council shall

16 consist of not more than 13 members, of whom—

17 (A) 1 member shall represent Marion

18 County, Oregon, and shall be designated by the

19 governing body of the county;

20 (B) 1 member shall represent the State of

21 Oregon and shall be designated by the Governor

22 of Oregon;

23 (C) 1 member shall represent the City of

24 Salem, and shall be designated by the mayor of

25 Salem, Oregon;
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1 (D) 1 member from a city within a 25-mile

2 radius of the Opal Creek Scenic Recreation

3 Area, to be designated by the Governor of the

4 State of Oregon from a list of candidates pro5 vided by the mayors of the cities located within

6 a 25-mile radius of the Opal Creek Scenic

7 Recreation Area; and

8 (E) not more than 9 members shall be ap9 pointed by the Secretary from among persons

10 who, individually or through association with a

11 national or local organization, have an interest

12 in the administration of the Scenic Recreation

13 Area, including, but not limited to, representa14 tives of the timber industry, environmental or15 ganizations, the mining industry, inholders in

16 the Opal Creek Wilderness and Scenic Recre17 ation Area, economic development interests and

18 Indian tribes.

19 (3) STAGGERED TERMS.—Members of the advi20 sory council shall serve for staggered terms of 3

21 years.

22 (4) CHAIRMAN.—The Secretary shall designate

23 1 member of the advisory council as chairman.
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1 (5) VACANCIES.—The Secretary shall fill a va2 cancy on the advisory council in the same manner as

3 the original appointment.

4 (6) COMPENSATION.—Members of the advisory

5 council shall receive no compensation for their serv6 ice on the advisory council.

7 (f) GENERAL PROVISIONS.—

8 (1) LAND ACQUISITION.—

9 (A) IN GENERAL.—Subject to the other

10 provisions of this section, the Secretary may ac11 quire any lands or interests in land in the Sce12 nic Recreation Area or the Opal Creek Wilder13 ness that the Secretary determines are needed

14 to carry out this section.

15 (B) PUBLIC LAND.—Any lands or interests

16 in land owned by a State or a political subdivi17 sion of a State may be acquired only by dona18 tion or exchange.

19 (C) CONDEMNATION.—Within the bound20 aries of the Opal Creek Wilderness or the Sce21 nic Recreation Area, the Secretary may not ac22 quire any privately owned land or interest in

23 land without the consent of the owner unless

24 the Secretary finds that—
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1 (i) the nature of land use has changed

2 significantly, or the landowner has dem3 onstrated intent to change the land use

4 significantly, from the use that existed on

5 the date of the enactment of this Act; and

6 (ii) acquisition by the Secretary of the

7 land or interest in land is essential to en8 sure use of the land or interest in land in

9 accordance with the purposes of this title

10 or the management plan prepared under

11 subsection (d)(2).

12 (D) Nothing in this section shall be con13 strued to enhance or diminish the condemnation

14 authority available to the Secretary outside the

15 boundaries of the Opal Creek Wilderness or the

16 Scenic Recreation Area.

17 (2) ENVIRONMENTAL RESPONSE ACTIONS AND

18 COST RECOVERY.—

19 (A) RESPONSE ACTIONS.—Nothing in this

20 section shall limit the authority of the Secretary

21 or a responsible party to conduct an environ22 mental response action in the Scenic Recreation

23 Area in connection with the release, threatened

24 release, or cleanup of a hazardous substance,

25 pollutant, or contaminant, including a response
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1 action conducted under the Comprehensive En2 vironmental Response, Compensation, and Li3 ability Act of 1980 (42 U.S.C. 9601 et seq.).

4 (B) LIABILITY.—Nothing in this section

5 shall limit the authority of the Secretary or a

6 responsible party to recover costs related to the

7 release, threatened release, or cleanup of any

8 hazardous substance or pollutant or contami9 nant in the Scenic Recreation Area.

10 (3) MAPS AND DESCRIPTION.—

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

12 after the date of enactment of this Act, the Sec13 retary shall file a map and a boundary descrip14 tion for the Opal Creek Wilderness and for the

15 Scenic Recreation Area with the Committee on

16 Resources of the House of Representatives and

17 the Committee on Energy and Natural Re18 sources of the Senate.

19 (B) FORCE AND EFFECT.—The boundary

20 description and map shall have the same force

21 and effect as if the description and map were

22 included in this section, except that the Sec23 retary may correct clerical and typographical

24 errors in the boundary description and map.
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1 (C) AVAILABILITY.—The map and bound2 ary description shall be on file and available for

3 public inspection in the Office of the Chief of

4 the Forest Service, Department of Agriculture.

5 (4) SAVINGS PROVISION.—Nothing in this sec6 tion shall interfere with activity for which a special

7 use permit has been issued, has not been revoked,

8 and has not expired, before the date of enactment of

9 this Act, subject to the terms of the permit.

10 (g) ROSBORO LAND EXCHANGE.—

11 (1) AUTHORIZATION.—Notwithstanding any

12 other law, if the Rosboro Lumber Company (referred

13 to in this subsection as ‘‘Rosboro’’) offers and con14 veys marketable title to the United States to the

15 land described in paragraph (2), the Secretary of

16 Agriculture shall convey all right, title and interest

17 held by the United States to sufficient lands de18 scribed in paragraph (3) to Rosboro, in the order in

19 which they appear in this subsection, as necessary to

20 satisfy the equal value requirements of paragraph

21 (4).

22 (2) LAND TO BE OFFERED BY ROSBORO.—The

23 land referred to in paragraph (1) as the land to be

24 offered by Rosboro shall comprise Section 36, Town25 ship 8 South, Range 4 East, Willamette Meridian.
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1 (3) LAND TO BE CONVEYED BY THE UNITED

2 STATES.—The land referred to in paragraph (1) as

3 the land to be conveyed by the United States shall

4 comprise sufficient land from the following

5 prioritized list to be equal value under paragraph

6 (4):

7 (A) Section 5, Township 17 South, Range

8 4 East, Lot 7 (37.63 acres);

9 (B) Section 2, Township 17 South, Range

10 4 East, Lot 3 (29.28 acres);

11 (C) Section 13, Township 17 South, Range

4 East, S1⁄2SE1 12 ⁄4 (80 acres);

13 (D) Section 2, Township 17 South, Range

4 East, SW1⁄4SW1 14 ⁄4 (40 acres);

15 (E) Section 2, Township 17 South, Range

4 East, NW1⁄4SE1 16 ⁄4 (40 acres);

17 (F) Section 8, Township 17 South, Range

4 East, SE1⁄4SW1 18 ⁄4 (40 acres);

19 (G) Section 11, Township 17 South, Range

4 East, W1⁄2NW1 20 ⁄4 (80 acres);

21 (4) EQUAL VALUE.—The land and interests in

22 land exchanged under this subsection shall be of

23 equal market value as determined by nationally rec24 ognized appraisal standards, including, to the extent

25 appropriate, the Uniform Standards for Federal
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1 Land Acquisition, the Uniform Standards of Profes2 sional Appraisal Practice, or shall be equalized by

3 way of payment of cash pursuant to the provisions

4 of section 206(d) of the Federal Land Policy and

5 Management Act of 1976 (43 U.S.C. 1716(d)), and

6 other applicable law. The appraisal shall consider ac7 cess costs for the parcels involved.

8 (5) TIMETABLE.—

9 (A) The exchange directed by this sub10 section shall be consummated not later than

11 120 days after the date Rosboro offers and con12 veys the property described in paragraph (2) to

13 the United States.

14 (B) The authority provided by this sub15 section shall lapse of Rosboro fails to offer the

16 land described in paragraph (2) within 2 years

17 after the date of enactment of this Act.

18 (6) CHALLENGE.—Rosboro shall have the right

19 to challenge in the United States District Court for

20 the District of Oregon a determination of market21 ability under paragraph (1) and a determination of

22 value for the lands described in paragraphs (2) and

23 (3) by the Secretary of Agriculture. The court shall

24 have the authority to order the Secretary to com-
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1 plete the transaction contemplated in this sub2 section.

3 (7) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated such sums

5 as are necessary to carry out this subsection.

6 (h) DESIGNATION OF ELKHORN CREEK AS A WILD

7 AND SCENIC RIVER.—Section 3(a) of the Wild and Scenic

8 Rivers Act (16 U.S.C. 1274(a)) is amended by adding at

9 the end the following:

10 ‘‘( )(A) ELKHORN CREEK.—The 6.4-mile segment

11 traversing federally administered lands from that point

12 along the Willamette National Forest boundary on the

13 common section line between Sections 12 and 13, Town14 ship 9 South, Range 4 East, Willamette Meridian, to that

15 point where the segment leaves Federal ownership along

16 the Bureau of Land Management boundary in Section 1,

17 Township 9 South, Range 3 East, Willamette Meridian,

18 in the following classes:

19 ‘‘(i) a 5.8-mile wild river area, extending from

20 that point along the Willamette National Forest

21 boundary on the common section line between Sec22 tions 12 and 13, Township 9 South, Range 4 East,

23 Willamette Meridian, to its confluence with Buck

24 Creek in Section 1, Township 9 South, Range 3

25 East, Willamette Meridian, to be administered as
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1 agreed on by the Secretaries of Agriculture and the

2 Interior, or as directed by the President; and

3 ‘‘(ii) a 0.6-mile scenic river area, extending

4 from the confluence with Buck Creek in Section 1,

5 Township 9 South, Range 3 East, Willamette Merid6 ian, to that point where the segment leaves Federal

7 ownership along the Bureau of Land Management

8 boundary in Section 1, Township 9 South, Range 3

9 East, Willamette Meridian, to be administered by

10 the Secretary of Interior, or as directed by the

11 President.

12 ‘‘(B) Notwithstanding section 3(b) of this Act, the

13 lateral boundaries of both the wild river area and the sce14 nic river area along Elkhorn Creek shall include an aver15 age of not more than 640 acres per mile measured from

16 the ordinary high water mark on both sides of the river.’’.

17 (i) ECONOMIC DEVELOPMENT.—

18 (1) ECONOMIC DEVELOPMENT PLAN.—As a

19 condition for receiving funding under paragraph (2),

20 the State of Oregon, in consultation with Marion

21 County, Oregon, and the Secretary of Agriculture,

22 shall develop a plan for economic development

23 projects for which grants under this subsection may

24 be used in a manner consistent with this section and

25 to benefit local communities in the vicinity of the
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1 Opal Creek area. Such plan shall be based on an

2 economic opportunity study and other appropriate

3 information.

4 (2) FUNDS PROVIDED TO THE STATES FOR

5 GRANTS.—Upon completion of the Opal Creek Man6 agement Plan, and receipt of the plan referred to in

7 paragraph (1), the Secretary shall provide, subject

8 to appropriations, $15,000,000 to the State of Or9 egon. Such funds shall be used to make grants or

10 loans for economic development projects that further

11 the purposes of this section and benefit the local

12 communities in the vicinity of the Opal Creek area.

13 (3) REPORT.—The State of Oregon shall—

14 (A) prepare and provide the Secretary and

15 Congress with an annual report on the use of

16 the funds made available under this subsection;

17 (B) make available to the Secretary and to

18 Congress, upon request, all accounts, financial

19 records, and other information related to grants

20 and loans made available pursuant to this sub21 section; and

22 (C) as loans are repaid, make additional

23 grants and loans with the money made available

24 for obligation by such repayments.
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1 SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL RES2 TORATION PROJECTS.

3 (a) DEFINITIONS.—In this section:

4 (1) ECOSYSTEM RESTORATION OFFICE.—The

5 term ‘‘Ecosystem Restoration Office’’ means the

6 Klamath Basin Ecosystem Restoration Office oper7 ated cooperatively by the United States Fish and

8 Wildlife Service, Bureau of Reclamation, Bureau of

9 Land Management, and Forest Service.

10 (2) WORKING GROUP.—The term ‘‘Working

11 Group’’ means the Upper Klamath Basin Working

12 Group, established before the date of enactment of

13 this title, consisting of members nominated by their

14 represented groups, including—

15 (A) three tribal members;

16 (B) one representative of the City of Klam17 ath Falls, Oregon;

18 (C) one representative of Klamath County,

19 Oregon;

20 (D) one representative of institutions of

21 higher education in the Upper Klamath Basin;

22 (E) four representatives of the environ23 mental community, including at least one such

24 representative from the State of California with

25 interests in the Klamath Basin National Wild26 life Refuge Complex;
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1 (F) four representatives of local businesses

2 and industries, including at least one represent3 ative of the forest products industry and one

4 representative of the ocean commercial fishing

5 industry and/or the recreational fishing industry

6 based in either Oregon or California;

7 (G) four representatives of the ranching

8 and farming community, including representa9 tives of Federal lease-land farmers and ranch10 ers and of private land farmers and ranchers in

11 the Upper Klamath Basin;

12 (H) two representatives from State of Or13 egon agencies with authority and responsibility

14 in the Klamath River Basin, including one from

15 the Oregon Department of Fish and Wildlife

16 and one from the Oregon Water Resources De17 partment;

18 (I) four representatives from the local com19 munity;

20 (J) one representative each from the fol21 lowing Federal resource management agencies

22 in the Upper Klamath Basin: Fish and Wildlife

23 Service, Bureau of Reclamation, Bureau of

24 Land Management, Bureau of Indian Affairs,

25 Forest Service, Natural Resources Conservation
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1 Service, National Marine Fisheries Service and

2 Ecosystem Restoration Office; and

3 (K) one representative of the Klamath

4 County Soil and Water Conservation District.

5 (3) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of the Interior.

7 (4) TASK FORCE.—The term ‘‘Task Force’’

8 means the Klamath River Basin Fisheries Task

9 Force as established by the Klamath River Basin

10 Fishery Resource Restoration Act (Public Law 99–

11 552, 16 U.S.C. 460ss–3 et seq.).

12 (5) COMPACT COMMISSION.—The term ‘‘Com13 pact Commission’’ means the Klamath River Basin

14 Compact Commission created pursuant to the Klam15 ath River Compact Act of 1954.

16 (6) CONSENSUS.—The term ‘‘consensus’’ means

17 a unanimous agreement by the Working Group

18 members present and consisting of at least a

19 quorum at a regularly scheduled business meeting.

20 (7) QUORUM.—The term ‘‘quorum’’ means one

21 more than half of those qualified Working Group

22 members appointed and eligible to serve.

23 (8) TRINITY TASK FORCE.—The term ‘‘Trinity

24 Task Force’’ means the Trinity River Restoration
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1 Task Force created by Public Law 98–541, as

2 amended by Public Law 104–143.

3 (b) IN GENERAL.—

4 (1) The Working Group through the Ecosystem

5 Restoration Office, with technical assistance from

6 the Secretary, will propose ecological restoration

7 projects, economic development and stability

8 projects, and projects designed to reduce the impacts

9 of drought conditions to be undertaken in the Upper

10 Klamath Basin based on a consensus of the Working

11 Group membership.

12 (2) The Secretary shall pay, to the greatest ex13 tent feasible, up to 50 percent of the cost of per14 forming any project approved by the Secretary or his

15 designee, up to a total amount of $1,000,000 during

16 each of fiscal years 1997 through 2001.

17 (3) Funds made available under this title

18 through the Department of the Interior or the De19 partment of Agriculture shall be distributed through

20 the Ecosystem Restoration Office.

21 (4) The Ecosystem Restoration Office may uti22 lize not more than 15 percent of all Federal funds

23 administered under this section for administrative

24 costs relating to the implementation of this section.
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1 (5) All funding recommendations developed by

2 the Working Group shall be based on a consensus of

3 Working Group members.

4 (c) COORDINATION.—(1) The Secretary shall formu5 late a cooperative agreement among the working group,

6 the Task Force, the Trinity Task Force and the Compact

7 Commission for the purposes of ensuring that projects

8 proposed and funded through the Working Group are con9 sistent with other basin-wide fish and wildlife restoration

10 and conservation plans, including but not limited to plans

11 developed by the Task Force and the Compact Commis12 sion.

13 (2) To the greatest extent practicable, the Working

14 Group shall provide notice to, and accept input from, two

15 members each of the Task Force, the Trinity Task Force,

16 and the Compact Commission, so appointed by those enti17 ties, for the express purpose of facilitating better commu18 nication and coordination regarding additional basin-wide

19 fish and wildlife and ecosystem restoration and planning

20 efforts. The roles and relationships of the entities involved

21 shall be clarified in the cooperative agreement.

22 (d) PUBLIC MEETINGS.—The Working Group shall

23 conduct all meetings subject to Federal open meeting and

24 public participation laws. The chartering requirements of
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1 the Federal Advisory Committee Act (5 U.S.C. App.) are

2 hereby deemed to have been met by this section.

3 (e) TERMS AND VACANCIES.—Working Group Mem4 bers shall serve for three-year terms, beginning on the

5 date of enactment of this title. Vacancies which occur for

6 any reason after the date of enactment of this title shall

7 be filled by direct appointment of the Governor of the

8 State of Oregon, in consultation with the Secretary of the

9 Interior and the Secretary of Agriculture, in accordance

10 with nominations from the appropriate groups, interests,

11 and government agencies outlined in subsection (a)(2).

12 (f) RIGHTS, DUTIES AND AUTHORITIES UNAF13 FECTED.—The Working Group will supplement, rather

14 than replace, existing efforts to manage the natural re15 sources of the Klamath Basin. Nothing in this section af16 fects any legal right, duty or authority of any person or

17 agency, including any member of the Working Group.

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this section

20 $1,000,000 for each of fiscal years 1997 through 2002.

21 SEC. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION

22 PROJECTS.

23 (a) DEFINITIONS.—In this section:

24 (1) WORKING GROUP.—The term ‘‘Working

25 Group’’ means the Deschutes River Basin Working
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1 Group established before the date of enactment of

2 this title, consisting of members nominated by their

3 represented groups, including—

4 (A) five representatives of private interests

5 including one each from hydroelectric produc6 tion, livestock grazing, timber, land develop7 ment, and recreation/tourism;

8 (B) four representatives of private inter9 ests including two each from irrigated agri10 culture and the environmental community;

11 (C) two representatives from the Confed12 erated Tribes of the Warm Springs Reservation

13 of Oregon;

14 (D) two representatives from Federal

15 agencies with authority and responsibility in the

16 Deschutes River Basin, including one from the

17 Department of the Interior and one from the

18 Agriculture Department;

19 (E) two representatives from the State of

20 Oregon agencies with authority and responsibil21 ity in the Deschutes River Basin, including one

22 from the Oregon Department of Fish and Wild23 life and one from the Oregon Water Resources

24 Department; and
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1 (F) four representatives from county or

2 city governments within the Deschutes River

3 Basin county and/or city governments.

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

5 the Secretary of the Interior.

6 (3) FEDERAL AGENCIES.—The term ‘‘Federal

7 agencies’’ means agencies and departments of the

8 United States, including, but not limited to, the Bu9 reau of Reclamation, Bureau of Indian Affairs, Bu10 reau of Land Management, Fish and Wildlife Serv11 ice, Forest Service, Natural Resources Conservation

12 Service, Farm Services Agency, the National Marine

13 Fisheries Service, and the Bonneville Power Admin14 istration.

15 (4) CONSENSUS.—The term ‘‘consensus’’ means

16 a unanimous agreement by the Working Group

17 members present and constituting at least a quorum

18 at a regularly scheduled business meeting.

19 (5) QUORUM.—The term ‘‘quorum’’ means one

20 more than half of those qualified Working Group

21 members appointed and eligible to serve.

22 (b) IN GENERAL.—

23 (1) The Working Group will propose ecological

24 restoration projects on both Federal and non-Fed25 eral lands and waters to be undertaken in the
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1 Deschutes River Basin based on a consensus of the

2 Working Group, provided that such projects, when

3 involving Federal land or funds, shall be proposed to

4 the Bureau of Reclamation in the Department of the

5 Interior and any other Federal agency with affected

6 land or funds.

7 (2) The Working Group will accept donations,

8 grants or other funds and place such funds received

9 into a trust fund, to be expended on ecological res10 toration projects which, when involving Federal land

11 or funds, are approved by the affected Federal agen12 cy.

13 (3) The Bureau of Reclamation shall pay from

14 funds authorized under subsection (h) of this title

15 up to 50 percent of the cost of performing any

16 project proposed by the Working Group and ap17 proved by the Secretary, up to a total amount of

18 $1,000,000 during each of the fiscal years 1997

19 through 2001.

20 (4) Non-Federal contributions to project costs

21 for purposes of computing the Federal matching

22 share under paragraph (3) of this subsection may

23 include in-kind contributions.

24 (5) Funds authorized in subsection (h) of this

25 section shall be maintained in and distributed by the
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1 Bureau of Reclamation in the Department of the In2 terior. The Bureau of Reclamation shall not expend

3 more than 5 percent of amounts appropriated pursu4 ant to subsection (h) for Federal administration of

5 such appropriations pursuant to this section.

6 (6) The Bureau of Reclamation is authorized to

7 provide by grant to the Working Group not more

8 than 5 percent of funds appropriated pursuant to

9 subsection (h) of this title for not more than 50 per10 cent of administration costs relating to the imple11 mentation of this section.

12 (7) The Federal agencies with authority and re13 sponsibility in the Deschutes River Basin shall pro14 vide technical assistance to the Working Group and

15 shall designate representatives to serve as members

16 of the Working Group.

17 (8) All funding recommendations developed by

18 the Working Group shall be based on a consensus of

19 the Working Group members.

20 (c) PUBLIC NOTICE AND PARTICIPATION.—The

21 Working Group shall conduct all meetings subject to appli22 cable open meeting and public participation laws. The ac23 tivities of the Working Group and the Federal agencies

24 pursuant to the provisions of this title are exempt from
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1 the provisions of title 5, United States Code, Appendix 2,

2 sections 1–15.

3 (d) PRIORITIES.—The Working Group shall give pri4 ority to voluntary market-based economic incentives for

5 ecosystem restoration including, but not limited to, water

6 leases and purchases; land leases and purchases; tradable

7 discharge permits; and acquisition of timber, grazing, and

8 land development rights to implement plans, programs,

9 measures, and projects.

10 (e) TERMS AND VACANCIES.—Members of the Work11 ing Group representing governmental agencies or entities

12 shall be named by the represented government. Members

13 of the Working Group representing private interests shall

14 be named in accordance with the articles of incorporation

15 and bylaws of the Working Group. Representatives from

16 Federal agencies will serve for terms of 3 years. Vacancies

17 which occur for any reason after the date of enactment

18 of this title shall be filled in accordance with this title.

19 (f) ADDITIONAL PROJECTS.—Where existing author20 ity and appropriations permit, Federal agencies may con21 tribute to the implementation of projects recommended by

22 the Working Group and approved by the Secretary.

23 (g) RIGHTS, DUTIES AND AUTHORITIES UNAF24 FECTED.—The Working Group will supplement, rather

25 than replace, existing efforts to manage the natural re-
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1 sources of the Deschutes Basin. Nothing in this title af2 fects any legal right, duty or authority of any person or

3 agency, including any member of the Working Group.

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to carry out this title

6 $1,000,000 for each of fiscal years 1997 through 2001.

7 SEC. 1026. BULL RUN PROTECTION.—

8 (a) AMENDMENTS TO PUBLIC LAW 95–200.—

9 (1) The first sentence of section 2(a) of the

10 Public Law 95–200 is amended by striking ‘‘2(b)’’

11 and inserting in lieu thereof ‘‘2(c)’’.

12 (2) The first sentence of section 2(b) of Public

13 Law 95–200 is amended after ‘‘the policy set forth

14 in subsection (a)’’ by inserting ‘‘and (b)’’.

15 (3) Subsections (b), (c), (d), and (e) of section

16 2 of Public Law 95–200 are redesignated as sub17 sections (c), (d), (e), and (f), respectively.

18 (4) Section 2 of Public Law 95–200 is amended

19 by inserting after subsection (a) the following new

20 subsection:

21 ‘‘(b) TIMBER CUTTING.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 the Secretary of Agriculture shall prohibit the cut24 ting of trees in that part of the unit consisting of

25 the hydrographic boundary of the Bull Run River
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1 Drainage, including certain lands within the unit

2 and located below the headworks of the city of Port3 land, Oregon’s water storage and delivery project,

4 and as depicted in a map dated July 22, 1996, and

5 entitled ‘Bull Run River Drainage’.

6 ‘‘(2) PERMITTED CUTTING.—

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the Secretary of Agriculture shall

9 prohibit the cutting of trees in the area de10 scribed in subparagraph (1).

11 ‘‘(B) PERMITTED CUTTING.—Subject to

12 subparagraph (C), the Secretary may only allow

13 the cutting of trees in the area described in

14 subparagraph (1)—

15 ‘‘(i) for the protection or enhancement

16 of water quality in the area described in

17 subparagraph (1);

18 ‘‘(ii) for the protection, enhancement,

19 or maintenance of water quantity available

20 from the area described in subparagraph

21 (1);

22 ‘‘(iii) for the construction, expansion,

23 protection or maintenance of municipal

24 water supply facilities; or
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1 ‘‘(iv) for the construction, expansion,

2 protection or maintenance of facilities for

3 the transmission of energy through and

4 over the unit or previously authorized hy5 droelectric facilities or hydroelectric

6 projects associated with municipal water

7 supply facilities.

8 ‘‘(C) SALVAGE SALES.—The Secretary of

9 Agriculture may not authorize a salvage sale in

10 the area described in subparagraph (1).’’.

11 (b) REPORT TO CONGRESS.—The Secretary of Agri12 culture shall, in consultation with the city of Portland and

13 other affected parties undertake a study of that part of

14 the Little Sandy Watershed that is within the unit (herein15 after referred to as the ‘‘study area’’). The study shall

16 determine—

17 (1) the impact of management activities within

18 the study area on the quality of drinking water pro19 vided to the Portland Metropolitan area;

20 (2) the identity and location of certain ecologi21 cal features within the study area, including late

22 successional forest characteristics, aquatic and ter23 restrial wildlife habitat, significant hydrological val24 ues, or other outstanding natural features; and
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1 (3) the location and extent of any significant

2 cultural or other values within the study area.

3 (c) RECOMMENDATIONS.—The study referred to in

4 subsection (b) shall include both legislative and regulatory

5 recommendations to Congress on the future management

6 of the study area. In formulating such recommendations,

7 the Secretary shall consult with the City of Portland and

8 other affected parties.

9 (d) EXISTING DATA AND PROCESSES.—To the great10 est extent possible, the Secretary shall use exiting data

11 and processes to carry out the study and report.

12 (e) SUBMISSION TO CONGRESS.—The study referred

13 to in subsection (b) shall be submitted to the Senate Com14 mittees on Energy and Natural Resources and Agriculture

15 and the House Committees on Resources and Agriculture

16 not later than one year from the date of enactment of this

17 section.

18 (f) MORATORIUM.—The Secretary is prohibited from

19 advertising, offering or awarding any timber sale within

20 the study area for a period of two years after the date

21 of enactment of this section.

22 (g) WATER RIGHTS.—Nothing in this section shall

23 in any way affect any State or Federal law governing ap24 propriation, use of or Federal right to water on or flowing

25 through National Forest System lands. Nothing in this
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1 section is intended to influence the relative strength of

2 competing claims to the waters of the Little Sandy River.

3 Nothing in this section shall be construed to expand or

4 diminish Federal, State, or local jurisdiction, responsibil5 ity, interests, or rights in water resources development or

6 control, including rights in and current uses of water re7 sources in the unit.

8 (h) OTHER LANDS IN UNIT.—Lands within the Bull

9 Run Management Unit, as defined in Public Law 95–200,

10 but not contained within the Bull Run River Drainage,

11 as described in the amendment made by subsection (a)(4)

12 of this section and as depicted on the map dated July 22,

13 1996, and entitled ‘‘Bull Run River Drainage’’, shall con14 tinue to be managed in accordance with Public Law 95–

15 200.

16 SEC. 1027. OREGON ISLANDS WILDERNESS, ADDITIONS.

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

18 the Wilderness Act of 1964, certain lands within the

19 boundaries of the Oregon Islands National Wildlife Ref20 uge, Oregon, comprising approximately 95 acres and as

21 generally depicted on a map entitled ‘‘Oregon Island Wil22 derness Additions—Proposed’’ dated August 1996, are

23 hereby designated as wilderness. The map shall be on file

24 and available for public inspection in the offices of the

25 Fish and Wildlife Service, Department of Interior.
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1 (b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—

2 All other federally-owned named, unnamed, surveyed and

3 unsurveyed rocks, reefs, islets and islands lying within

4 three geographic miles off the coast of Oregon and above

5 mean high tide, not currently designated as wilderness and

6 also within the Oregon Islands National Wildlife Refuge

7 boundaries under the administration of the United States

8 Fish and Wildlife Service, Department of Interior, as des9 ignated by Executive Order 7035, Proclamation 2416,

10 Public Land Orders 4395, 4475 and 6287, and Public

11 Laws 91–504 and 95–450, are hereby designated as wil12 derness.

13 (c) AREAS UNDER BLM JURISDICTION.—All feder14 ally-owned named, unnamed, surveyed and unsurveyed

15 rocks, reefs, islets and islands lying within three geo16 graphic miles off the coast of Oregon and above mean high

17 tide, and presently under the jurisdiction of the Bureau

18 of Land Management, except Chiefs Islands, are hereby

19 designated as wilderness, shall become part of the Oregon

20 Islands National Wildlife Refuge and the Oregon Islands

21 Wilderness and shall be under the jurisdiction of the Unit22 ed States Fish and Wildlife Service, Department of the

23 Interior.

24 (d) MAP AND DESCRIPTION.—As soon as practicable

25 after this Act takes effect, a map of the wilderness area
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1 and a description of its boundaries shall be filed with the

2 Senate Committee on Energy and Natural Resources and

3 the House Committee on Resources, and such map shall

4 have the same force and effect as if included in this sec5 tion: Provided however, That correcting clerical and typo6 graphical errors in the map and land descriptions may be

7 made.

8 (e) ORDER 6287.—Public Land Order 6287 of June

9 16, 1982, which withdrew certain rocks, reefs, islets, and

10 islands lying within three geographical miles off the coast

11 of Oregon and above mean high tide, including the 95

12 acres described in subsection (a), as an addition to the

13 Oregon Islands National Wildlife Refuge is hereby made

14 permanent.

15 SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POL16 ICY AND DIRECTION.

17 (a) IN GENERAL.—The Secretaries of the Interior

18 and Agriculture (Secretaries) are hereby authorized and

19 directed to consult, coordinate and cooperate with the

20 Umpqua Land Exchange Project (ULEP), affected units

21 and agencies of State and local government, and, as ap22 propriate, the World Forestry Center and National Fish

23 and Wildlife Foundation, to assist ULEP’s ongoing efforts

24 in studying and analyzing land exchange opportunities in

25 the Umpqua River basin and to provide scientific, tech-
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1 nical, research, mapping and other assistance and infor2 mation to such entities. Such consultation, coordination

3 and cooperation shall at a minimum include, but not be

4 limited to—

5 (1) working with ULEP to develop or assemble

6 comprehensive scientific and other information (in7 cluding comprehensive and integrated mapping) con8 cerning the Umpqua River basin’s resources of for9 est, plants, wildlife, fisheries (anadromous and

10 other), recreational opportunities, wetlands, riparian

11 habitat and other physical or natural resources;

12 (2) working with ULEP to identify general or

13 specific areas within the basin where land exchanges

14 could promote consolidation of forestland ownership

15 for long-term, sustained timber production; protec16 tion and restoration of habitat for plants, fish and

17 wildlife (including any federally listed threatened or

18 endangered species); protection of drinking water

19 supplies; recovery of threatened and endangered spe20 cies; protection and restoration of wetlands, riparian

21 lands and other environmentally sensitive areas; con22 solidation of land ownership for improved public ac23 cess and a broad array of recreational uses; and con24 solidation of land ownership to achieve management

25 efficiency and reduced costs of administration; and
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1 (3) developing a joint report for submission to

2 the Congress which discusses land exchange oppor3 tunities in the basin and outlines either a specific

4 land exchange proposal or proposals which may

5 merit consideration by the Secretaries or the Con6 gress, or ideas and recommendations for new au7 thorizations, direction, or changes in existing law or

8 policy to expedite and facilitate the consummation of

9 beneficial land exchanges in the basin via adminis10 trative means.

11 (b) MATTERS FOR SPECIFIC STUDY.—In analyzing

12 land exchange opportunities with ULEP, the Secretaries

13 shall give priority to assisting ULEP’s ongoing efforts in:

14 (1) studying, identifying, and mapping areas

15 where the consolidation of land ownership via land

16 exchanges could promote the goals of long term spe17 cies and watershed protection and utilization, includ18 ing but not limited to the goals of the Endangered

19 Species Act of 1973 more effectively than current

20 land ownership patterns and whether any changes

21 in law or policy applicable to such lands after con22 summation of an exchange would be advisable or

23 necessary to achieve such goals;

24 (2) studying, identifying and mapping areas

25 where land exchanges might be utilized to better sat-
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1 isfy the goals of sustainable timber harvest, includ2 ing studying whether changes in existing law or pol3 icy applicable to such lands after consummation of

4 an exchange would be advisable or necessary to

5 achieve such goals;

6 (3) identifying issues and studying options and

7 alternatives, including possible changes in existing

8 law or policy, to ensure that combined post-exchange

9 revenues to units of local government from State

10 and local property, severance and other taxes or lev11 ies and shared Federal land receipts will approxi12 mate pre-exchange revenues;

13 (4) identifying issues and studying whether pos14 sible changes in law, special appraisal instruction, or

15 changes in certain Federal appraisal procedures

16 might be advisable or necessary to facilitate the ap17 praisal of potential exchange lands which may have

18 special characteristics or restrictions affecting land

19 values;

20 (5) identifying issues and studying options and

21 alternatives, including changes in existing laws or

22 policy, for achieving land exchanges without reduc23 ing the net supply of timber available to small busi24 nesses;
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1 (6) identifying, mapping, and recommending

2 potential changes in land use plans, land classifica3 tions, or other actions which might be advisable or

4 necessary to expedite, facilitate or consummate land

5 exchanges in certain areas;

6 (7) analyzing potential sources for new or en7 hanced Federal, State, or other funding to promote

8 improved resource protection, species recovery, and

9 management in the basin; and

10 (8) identifying and analyzing whether increased

11 efficiency and better land and resource management

12 could occur through either consolidation of Federal

13 forest management under one agency or exchange of

14 lands between the Forest Service and Bureau of

15 Land Management.

16 (c) REPORT TO CONGRESS.—No later than February

17 1, 1998, ULEP and the Secretaries shall submit a joint

18 report to the Committee on Resources of the United

19 States House of Representatives and to the Committee on

20 Energy and Natural Resources of the United States Sen21 ate concerning their studies, findings, recommendations,

22 mapping and other activities conducted pursuant to this

23 section.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—In fur25 therance of the purposes of this section, there is hereby
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1 authorized to be appropriated the sum of $2,000,000, to

2 remain available until expended.

3 SEC. 1029. BOSTON HARBOR ISLANDS RECREATION AREA.

4 (a) PURPOSES.—The purposes of this section are—

5 (1) to preserve for public use and enjoyment

6 the lands and waters that comprise the Boston Har7 bor Islands National Recreation Area;

8 (2) to manage the recreation area in partner9 ship with the private sector, the Commonwealth of

10 Massachusetts, municipalities surrounding Massa11 chusetts and Cape Cod Bays, the Thompson Island

12 Outward Bound Education Center, and Trustees of

13 Reservations, and with historical, business, cultural,

14 civic, recreational and tourism organizations;

15 (3) to improve access to the Boston Harbor Is16 lands through the use of public water transportation;

17 and

18 (4) to provide education and visitor information

19 programs to increase public understanding of and

20 appreciation for the natural and cultural resources

21 of the Boston Harbor Islands, including the history

22 of Native American use and involvement.

23 (b) DEFINITIONS.—For the purposes of this sec24 tion—
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1 (1) the term recreation area means the Boston

2 Harbor Islands National Recreation Area established

3 by subsection (c); and

4 (2) the term ‘‘Secretary’’ means the Secretary

5 of the Interior.

6 (c) BOSTON HARBOR ISLANDS NATIONAL RECRE7 ATION AREA.—

8 (1) ESTABLISHMENT.—In order to preserve for

9 the benefit and inspiration of the people of the Unit10 ed States as a national recreation area certain lands

11 located in Massachusetts Bay, there is established as

12 a unit of the National Park System the Boston Har13 bor Islands National Recreation Area.

14 (2) BOUNDARIES.—(A) The recreation area

15 shall be comprised of the lands, waters, and sub16 merged lands generally depicted on the map entitled

17 ‘‘Proposed Boston Harbor Islands NRA’’, numbered

18 BOHA 80,002, and dated September 1996. Such

19 map shall be on file and available for public inspec20 tion in the appropriate offices of the National Park

21 Service. After advising the Committee on Resources

22 of the House of Representatives and the Committee

23 on Energy and Natural Resources of the Senate, in

24 writing, the Secretary may make minor revisions of

25 the boundaries of the recreation area when necessary
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1 by publication of a revised drawing or other bound2 ary description in the Federal Register.

3 (B) The recreation area shall include the follow4 ing:

5 (i) The areas depicted on the map ref6 erence in subparagraph (A).

7 (ii) Landside points required for access,

8 visitor services, and administration in the city

9 of Boston along its Harborwalk and at Long

10 Wharf, Fan Pier, John F. Kennedy Library,

11 and the Custom House; Charlestown Navy

12 Yard; Old Northern Avenue Bridge; the city of

13 Quincy at Squantum Point/Marina Bay, the

14 Fore River Shipyard, and Town River; the

15 Town of Hingham at Hewitt’s Cove; the Town

16 of Hull; the city of Salem at Salem National

17 Historic Site; and the city of Lynn at the Herit18 age State Park.

19 (d) ADMINISTRATION OF RECREATION AREA.—

20 (1) IN GENERAL.—The recreation area shall be

21 administered in partnership by the Secretary, the

22 Commonwealth of Massachusetts, City of Boston

23 and its applicable subdivisions and others in accord24 ance with the provisions of law generally applicable

25 to units of the National Park System, including the
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1 Act entitled ‘‘An Act to establish a National Park

2 Service, and for other purposes’’, approved August

3 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4),

4 and the Act of August 21, 1935 (49 Stat. 666; 16

5 U.S.C. 461–467) as amended and supplemented and

6 in accordance with the integrated management plan

7 specified in subsection (f).

8 (2) STATE AND LOCAL JURISDICTION.—Noth9 ing in this section shall be construed to diminish, en10 large, or modify any right of the Commonwealth of

11 Massachusetts or any political subdivision thereof, to

12 exercise civil and criminal jurisdiction or to carry

13 out State laws, rules, and regulations within the

14 recreation area, including those relating to fish and

15 wildlife, or to tax persons, corporations, franchises,

16 or private property on the lands and waters included

17 in the recreation area.

18 (3) COOPERATIVE AGREEMENTS.—The Sec19 retary may consult and enter into cooperative agree20 ments with the Commonwealth of Massachusetts or

21 its political subdivisions to acquire from and provide

22 to the Commonwealth or its political subdivisions

23 goods and services to be used in the cooperative

24 management of lands within the recreation area, if

25 the Secretary determines that appropriations for
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1 that purpose are available and the agreement is in

2 the best interest of the United States.

3 (4) CONSTRUCTION OF FACILITIES ON NON4 FEDERAL LANDS.—In order to facilitate the admin5 istration of the recreation area, the Secretary is au6 thorized, subject to the appropriation of necessary

7 funds in advance, to construct essential administra8 tive or visitor use facilities on non-Federal public

9 lands within the recreation area. Such facilities and

10 the use thereof shall be in conformance with applica11 ble plans

12 (5) OTHER PROPERTY, FUNDS, AND SERV13 ICES.—The Secretary may accept and use donated

14 funds, property, and services to carry out this sec15 tion.

16 (6) RELATIONSHIP OF RECREATION AREA TO

17 BOSTON-LOGAN INTERNATIONAL AIRPORT.—With re18 spect to the recreation area, the present and future

19 maintenance, operation, improvement and use of

20 Boston-Logan International Airport and associated

21 flight patterns from time to time in effect shall not

22 be deemed to constitute the use of publicly owned

23 land of a public park, recreation area, or other re24 source within the meaning of section 303(c) of title

25 49, United States Code, and shall not be deemed to
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1 have a significant effect on natural, scenic, and

2 recreation assets within the meaning of section

3 47101(h)(2) of title 49, United States Code.

4 (7) MANAGEMENT IN ACCORDANCE WITH INTE5 GRATED MANAGEMENT PLAN.—The Secretary shall

6 preserve, interpret, manage, and provide educational

7 and recreational uses for the recreation area, in con8 sultation with the owners and managers of lands in

9 the recreation area, in accordance with the inte10 grated management plan.

11 (e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTAB12 LISHMENT.—

13 (1) ESTABLISHMENT.—There is hereby estab14 lished the Boston Harbor Islands Partnership whose

15 purpose shall be to coordinate the activities of Fed16 eral, State, and local authorities and the private sec17 tor in the development and implementation of an in18 tegrated resource management plan for the recre19 ation area.

20 (2) MEMBERSHIP.—The Partnership shall be

21 composed of 13 members, as follows:

22 (A) One individual, appointed by the Sec23 retary, to represent the National Park Service.
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1 (B) One individual, appointed by the Sec2 retary of Transportation, to represent the Unit3 ed States Coast Guard.

4 (C) Two individuals, appointed by the Sec5 retary, after consideration of recommendations

6 by the Governor of Massachusetts, to represent

7 the Department of Environmental Management

8 and the Metropolitan District Commission.

9 (D) One individual, appointed by the Sec10 retary, after consideration of recommendations

11 by the Chair, to represent the Massachusetts

12 Port Authority.

13 (E) One individual, appointed by the Sec14 retary, after consideration of recommendations

15 by the Chair, to represent the Massachusetts

16 Water Resources Authority.

17 (F) One individual, appointed by the Sec18 retary, after consideration of recommendations

19 by the Mayor of Boston, to represent the Office

20 of Environmental Services of the City of Bos21 ton.

22 (G) One individual, appointed by the Sec23 retary, after consideration of recommendations

24 by the Chair, to represent the Boston Redevel25 opment Authority.
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1 (H) One individual, appointed by the Sec2 retary, after consideration of recommendations

3 of the President of the Thompson Island Out4 ward Bound Education Center, to represent the

5 Center.

6 (I) One individual, appointed by the Sec7 retary, after consideration of recommendations

8 of the Chair, to represent the Trustees of Res9 ervations.

10 (J) One individual, appointed by the Sec11 retary, after consideration of recommendations

12 of the President of the Island Alliance, to rep13 resent the Alliance, a nonprofit organization

14 whose sole purpose is to provide financial sup15 port for the Boston Harbor Islands National

16 Recreation Area.

17 (K) Two individuals, appointed by the Sec18 retary, to represent the Boston Harbor Islands

19 Advisory Council, established in subsection (g).

20 (3) TERMS OF OFFICE; REAPPOINTMENT.—(A)

21 Members of the Partnership shall serve for terms of

22 three years. Any member may be reappointed for

23 one additional 3-year term.

24 (B) The Secretary shall appoint the first mem25 bers of the Partnership within 30 days after the
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1 date on which the Secretary has received all of the

2 recommendations for appointment pursuant to sub3 sections (b) (3), (4), (5), (6), (7), (8), (9), and (10).

4 (C) A member may serve after the expiration of

5 his or her term until a successor has been appointed.

6 (4) COMPENSATION.—Members of the Partner7 ship shall serve without pay, but while away from

8 their homes or regular places of business in the per9 formance of services for the Partnership, members

10 shall be allowed travel expenses, including per diem

11 in lieu of subsistence, in the same manner as per12 sons employed intermittently in the Government

13 service are allowed expenses under section 5703 of

14 title 5, United States Code.

15 (5) ELECTION OF OFFICERS.—The Partnership

16 shall elect one of its members as Chairperson and

17 one as Vice Chairperson. The term of office of the

18 Chairperson and Vice Chairperson shall be one year.

19 The Vice Chairperson shall serve as chairperson in

20 the absence of the Chairperson.

21 (6) VACANCY.—Any vacancy on the Partnership

22 shall be filled in the same manner in which the origi23 nal appointment was made.
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1 (7) MEETINGS.—The Partnership shall meet at

2 the call of the Chairperson or a majority of its mem3 bers.

4 (8) QUORUM.—A majority of the Partnership

5 shall constitute a quorum.

6 (9) STAFF OF THE PARTNERSHIP.—The Sec7 retary shall provide the Partnership with such staff

8 and technical assistance as the Secretary, after con9 sultation with the Partnership, considers appropriate

10 to enable the Partnership to carry out its duties.

11 The Secretary may accept the services of personnel

12 detailed from the Commonwealth of Massachusetts,

13 any political subdivision of the Commonwealth or

14 any entity represented on the Partnership.

15 (10) HEARINGS.—The Partnership may hold

16 such hearings, sit and act at such times and places,

17 take such testimony, and receive such evidence as

18 the Partnership may deem appropriate.

19 (11) DONATIONS.—Nothwithstanding any other

20 provision of law, the Partnership may seek and ac21 cept donations of funds, property, or services from

22 individuals, foundations, corporations, and other pri23 vate and public entities for the purpose of carrying

24 out this section.
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1 (12) USE OF FUNDS TO OBTAIN MONEY.—The

2 Partnership may use its funds to obtain money from

3 any source under any program or law requiring the

4 recipient of such money to make a contribution in

5 order to receive such money.

6 (13) MAILS.—The Partnership may use the

7 United States mails in the same manner and upon

8 the same conditions as other departments and agen9 cies of the United States.

10 (14) OBTAINING PROPERTY.—The Partnership

11 may obtain by purchase, rental, donation, or other12 wise, such property, facilities, and services as may

13 be needed to carry out its duties, except that the

14 Partnership may not acquire any real property or in15 terest in real property.

16 (15) COOPERATIVE AGREEMENTS.—For pur17 poses of carrying out the plan described in sub18 section (f), the Partnership may enter into coopera19 tive agreements with the Commonwealth of Massa20 chusetts, any political subdivision thereof, or with

21 any organization or person.

22 (f) INTEGRATED RESOURCE MANAGEMENT PLAN.—

23 (1) IN GENERAL.—Within three years after the

24 date of enactment of this Act, the Partnership shall

25 submit to the Secretary a management plan for the
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1 recreation area to be developed and implemented by

2 the Partnership.

3 (2) CONTENTS OF PLAN.—The plan shall in4 clude (but not be limited to) each of the following:

5 (A) A program providing for coordinated

6 administration of the recreation area with pro7 posed assignment of responsibilities to the ap8 propriate governmental unit at the Federal,

9 State, and local levels, and nonprofit organiza10 tions, including each of the following:

11 (i) A plan to finance and support the

12 public improvements and services rec13 ommended in the plan, including allocation

14 of non-Federal matching requirements set

15 forth in subsection (h)(2) and a delineation

16 of profit sector roles and responsibilities.

17 (ii) A program for the coordination

18 and consolidation, to the extent feasible, of

19 activities that may be carried out by Fed20 eral, State, and local agencies having juris21 diction over land and waters within the

22 recreation area, including planning and

23 regulatory responsibilities.

24 (B) Policies and programs for the follow25 ing purposes:
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1 (i) Enhancing public outdoor rec2 reational opportunities in the recreation

3 area.

4 (ii) Conserving, protecting, and main5 taining the scenic, historical, cultural, nat6 ural and scientific values of the islands.

7 (iii) Developing educational opportuni8 ties in the recreation area.

9 (iv) Enhancing public access to the Is10 lands, including development of transpor11 tation networks.

12 (v) Identifying potential sources of

13 revenue from programs or activities carried

14 out within the recreation area.

15 (vi) Protecting and preserving Native

16 American burial grounds connected with

17 the King Philip’s War internment period

18 and other periods.

19 (C) A policy statement that recognizes ex20 isting economic activities within the recreation

21 area.

22 (3) DEVELOPMENT OF PLAN.—In developing

23 the plan, the Partnership shall—

24 (A) consult on a regular basis with appro25 priate officials of any local government or Fed-
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1 eral or State agency which has jurisdiction over

2 lands and waters within the recreation area;

3 (B) consult with interested conservation,

4 business, professional, and citizen organiza5 tions; and

6 (C) conduct public hearings or meetings

7 for the purposes of providing interested persons

8 with the opportunity to testify with respect to

9 matters to be addressed by the plan.

10 (4) APPROVAL OF PLAN.—(A) The Partnership

11 shall submit the plan to the Governor of Massachu12 setts for review. The Governor shall have 90 days to

13 review and make any recommendations. After con14 sidering the Governor’s recommendations, the Part15 nership shall submit the plan to the Secretary, who

16 shall approve or disapprove the plan within 90 days.

17 In reviewing the plan the Secretary shall consider

18 each of the following:

19 (i) The adequacy of public participation.

20 (ii) Assurances of plan implementation

21 from State and local officials.

22 (iii) The adequacy of regulatory and finan23 cial tools that are in place to implement the

24 plan.
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1 (B) If the Secretary disapproves the plan, the

2 Secretary shall within 60 days after the date of such

3 disapproval, advise the Partnership in writing of the

4 reasons therefore, together with recommendations

5 for revision. Within 90 days of receipt of such notice

6 of disapproval, the Partnership shall revise and re7 submit the plan to the Secretary who shall approve

8 or disapprove the revision within 60 days.

9 (5) INTERIM PROGRAM.—Prior to adoption of

10 the Partnership’s plan, the Secretary and the Part11 nership shall assist the owners and managers of

12 lands and waters within the recreation area to en13 sure that existing programs, services, and activities

14 that promote the purposes of this section are sup15 ported.

16 (g) BOSTON HARBOR ISLANDS ADVISORY COUN17 CIL.—

18 (1) ESTABLISHMENT.—The Secretary, acting

19 through the Director of the National Park Service,

20 shall establish an advisory committee to be known as

21 the Boston Harbor Islands Advisory Council. The

22 purpose of the Advisory Council shall be to represent

23 various groups with interests in the recreation area

24 and make recommendations to the Boston Harbor

25 Islands Partnership on issues related to the develop-
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1 ment and implementation of the integrated resource

2 management plan developed under subsection (f).

3 The Advisory Council is encouraged to establish

4 committees relating to specific recreation area man5 agement issues, including (but not limited to) edu6 cation, tourism, transportation, natural resources,

7 cultural and historic resources, and revenue raising

8 activities. Participation on any such committee shall

9 not be limited to members of the Advisory Council.

10 (2) MEMBERSHIP.—The Advisory Council shall

11 consist of not fewer than 18 individuals, to be ap12 pointed by the Secretary, acting through the Direc13 tor of the National Park Service. The Secretary

14 shall appoint no fewer than three individuals to rep15 resent each of the following categories of entities:

16 municipalities; educational and cultural institutions;

17 environmental organizations; business and commer18 cial entities, including those related to transpor19 tation, tourism and the maritime industry; and Bos20 ton Harbor-related advocacy organizations; and or21 ganizations representing Native American interests.

22 (3) PROCEDURES.—Each meeting of the Advi23 sory Council and its committees shall be open to the

24 public.
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1 (4) FACA.—The provisions of section 14 of the

2 Federal Advisory Committee Act (5 U.S.C. App.),

3 are hereby waived with respect to the Advisory

4 Council.

5 (h) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There are authorized to be

7 appropriated such sums as may be necessary to

8 carry out this section, provided that no funds may

9 be appropriated for land acquisition.

10 (2) MATCHING REQUIREMENT.—Amounts ap11 propriated in any fiscal year to carry out this section

12 may only be expended on a matching basis in a ra13 tion of at least three non-Federal dollars to every

14 Federal dollar. The non-Federal share of the match

15 may be in the form of cash, services, or in-kind con16 tributions, fairly valued.

17 SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.

18 Section 3 of the Act of October 8, 1988, entitled ‘‘An

19 Act to create a national park at Natchez, Mississippi’’ (16

20 U.S.C. 410oo et seq.), is amended—

21 (1) by inserting ‘‘(a) IN GENERAL.—’’ after

22 ‘‘SEC. 3.’’; and

23 (2) by adding at the end the following:

24 ‘‘(b) BUILDING FOR JOINT USE BY THE SECRETARY

25 AND THE CITY OF NATCHEZ.—
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1 ‘‘(1) CONTRIBUTION TOWARD CONSTRUC2 TION.—The Secretary may enter into an agreement

3 with the City of Natchez under which the Secretary

4 agrees to pay not to exceed $3,000,000 toward the

5 planning and construction by the City of Natchez of

6 a structure to be partially used by the Secretary as

7 an administrative headquarters, administrative site,

8 and visitors’ center for Natchez National Historical

9 Park.

10 ‘‘(2) USE FOR SATISFACTION OF MATCHING RE11 QUIREMENTS.—The amount of payment under para12 graph (1) may be available for matching Federal

13 grants authorized under other law notwithstanding

14 any limitations in any such law.

15 ‘‘(3) AGREEMENT.—Prior to the execution of

16 an agreement under paragraph (1), and subject to

17 the appropriation of necessary funds in advance, the

18 Secretary may enter into a contract, lease, coopera19 tive agreement, or other appropriate form of agree20 ment with the City of Natchez providing for the use

21 and occupancy of a portion of the structure con22 structed under paragraph (1) (including appropriate

23 use of the land on which it is situated), at no cost

24 to the Secretary (except maintenance, utility, and

25 other operational costs), for a period of 50 years,
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1 with an option for renewal by the Secretary for an

2 additional 50 years.

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated $3,000,000

5 to carry out this subsection.’’.

6 SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIM7 BER SALE.

8 (a) IN GENERAL.—Notwithstanding the provisions of

9 the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and

10 the requirements of section 5402.0–6 of title 43, Code of

11 Federal Regulations, the Secretary of the Interior, acting

12 through the Bureau of Land Management, is authorized

13 to substitute, without competition, a contract for timber

14 identified for harvest located on public lands administered

15 by the Bureau of Land Management in the State of Cali16 fornia of comparable value for the following terminated

17 timber contract: Elkhorn Ridge Timber Sale, Contract No.

18 CA–050–TS–88–01.

19 (b) DISCLAIMER.—Nothing in this section shall be

20 construed as changing any law or policy of the Federal

21 Government beyond the timber sale substitution specified

22 in this section.

23 SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.

24 (a) IN GENERAL.—Section 504(g) of the Federal

25 Land Policy and Management Act of 1976 (43 U.S.C.
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1 1764(g)) is amended by striking ‘‘financed pursuant to the

2 Rural Electrification Act of 1936, as amended,’’ in the

3 last sentence and inserting ‘‘eligible for financing pursu4 ant to the Rural Electrification Act of 1936, as amended,

5 determined without regard to any application requirement

6 under that Act,’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall apply with respect to rights-of-way

9 leases held on or after the date of enactment of this Act.

10 SEC. 1033. FEDERAL BOROUGH RECOGNITION.

11 (a) Section 6901(2) of title 31, United States Code,

12 is amended to read as follows:

13 ‘‘(2)(A) ‘unit of general local government’

14 means—

15 ‘‘(i) a county (or parish), township, bor16 ough, or city where the city is independent of

17 any other unit of general local government,

18 that—

19 ‘‘(I) is within the class or classes of

20 such political subdivision in a State that

21 the Secretary of the Interior, in his discre22 tion, determines to be the principal pro23 vider or providers of governmental services

24 within the State; and
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1 ‘‘(II) is a unit of general government,

2 as determined by the Secretary of the Inte3 rior on the basis of the same principles as

4 were used by the Secretary of Commerce

5 on January 1, 1983, for general statistical

6 purposes;

7 ‘‘(ii) any area in Alaska that is within the

8 boundaries of a census area used by the Sec9 retary of Commerce in the decennial census,

10 but that is not included within the boundary of

11 a governmental entity described under clause

12 (i);

13 ‘‘(iii) the District of Columbia;

14 ‘‘(iv) the Commonwealth of Puerto Rico;

15 ‘‘(v) Guam; and

16 ‘‘(vi) the Virgin Islands.

17 ‘‘(B) the term ‘governmental services’ includes,

18 but is not limited to, those services that relate to

19 public safety, the environment, housing, social serv20 ices, transportation, and governmental administra21 tion.’’.

22 (b) PAYMENT IN LIEU OF TAXES.—Section 6902(a)

23 of title 31, United States Code, is amended to read as

24 follows:
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1 ‘‘(a)(1) Except as provided in paragraph (2), the Sec2 retary of the Interior shall make a payment for each fiscal

3 year to each unit of general local government in which en4 titlement land is located as set forth in this chapter. A

5 unit of general local government may use the payment for

6 any governmental purpose.

7 ‘‘(2) For each unit of general local government de8 scribed in section 6901(2)(A)(ii), the Secretary of the In9 terior shall make a payment for each fiscal year to the

10 State of Alaska for entitlement land located within such

11 unit as set forth in this chapter. The State of Alaska shall

12 distribute such payment to home rule cities and general

13 law cities (as such cities are defined by the State) located

14 within the boundaries of the unit of general local govern15 ment for which the payment was received. Such cities may

16 use monies received under this paragraph for any govern17 mental purpose.’’.

18 SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.

19 Notwithstanding any other provision of law, any of

20 the Alaska Native Village Corporations of Tyonek Native

21 Corporation, Ninilchik Native Association, Inc., Knikatnu

22 Inc., Seldovia Native Association, Inc., Chikaloon Moose

23 Creek Native Association, Inc., and the Alaska Native Re24 gional Corporation, Cook Inlet Region, Inc. may com25 mence litigation at any time within 12 months of enact-
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1 ment of this Act in Federal District Court for Alaska to

2 challenge any determination by the Department of the In3 terior that such native corporations will not receive con4 veyance of lands described in ‘‘Appendix C’’ of the Defi5 ciency Agreement dated August 31, 1976.

6 SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS

7 OF ALASKA.

8 (a) IN GENERAL.—Local residents who are descend9 ants of Katmai residents who lived in the Naknek Lake

10 and River Drainage shall be permitted, subject to reason11 able regulations established by the Secretary of the Inte12 rior, to continue their traditional fishery for red fish with13 in Katmai National Park (the national park and national

14 preserve redesignated, established, and expanded under

15 section 202(2) of the Alaska National Interest Lands Con16 servation Act (16 U.S.C. 410hh–1)).

17 (b) RED FISH DEFINED.—For the purposes of sub18 section (a), the term ‘‘red fish’’ means spawned-out sock19 eye salmon that has no significant commercial value.

20 (c) TITLE.—No provision of this section shall be con21 strued to invalidate or validate or in any other way affect

22 any claim by the State of Alaska to title to any or all

23 submerged lands, nor shall any actions taken pursuant to

24 or in accordance with this Act operate under any provision

25 or principle of the law to bar the State of Alaska from
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1 asserting at any time its claim of title to any or all of

2 the submerged lands.

3 (d) JURISDICTION.—Nothing in this section nor in

4 any actions taken pursuant to this section shall be con5 strued as expanding or diminishing Federal or State juris6 diction, responsibility, interests, or rights in management,

7 regulation, or control over waters of the State of Alaska

8 or submerged lands under any provision of Federal or

9 State law.

10 SEC. 1036. CREDIT FOR RECONVEYANCE.

11 Within 24 months after the date of the enactment

12 of this Act, the Cape Fox Corporation may transfer all

13 or part of its right, title, and interest in and to the ap14 proximately 320-acre parcel that includes Beaver Falls

15 Hydroelectric power-house site to the United States as

16 part of an equal value exchange.

17 SEC. 1037. RADIO SITE REPORT.

18 The Secretary of Agriculture (1) shall have a period

19 of 180 days from the date of enactment of this Act to

20 review management of Inspiration Point, San Bernadino

21 National Forest, make determination whether the contin22 ued presence of the KATY–FM antenna on the site is in

23 the public interest, and report the determination with the

24 reasons therefor to the Committee on Energy and Natural

25 Resources, United States Senate, and the Committee on
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1 Resources, House of Representatives, and (2) shall take

2 no action within such period which causes or results in,

3 directly or indirectly, the removal of the antenna from the

4 site.

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 California

19 and the Federal Government’’, dated December 15,

20 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 Public Law 102–575) and other currently au17 thorized 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.

9 DIVISION II

10 TITLE I—NATIONAL COAL

11 HERITAGE AREA

12 SEC. 101. SHORT TITLE.

13 This title may be cited as the ‘‘National Coal Herit14 age Area Act of 1996’’.

15 SEC. 102. FINDINGS.

16 (a) FINDINGS.—The Congress finds as follows:

17 (1) Certain events that led to the development

18 of southern West Virginia’s coalfields during the lat19 ter part of the 19th Century and the early part of

20 the current century are of national historic and cul21 tural significance in terms of their contribution to

22 the industrialization of the United States, the orga23 nization of workers into trade unions, and the

24 unique culture of the Appalachian Region.
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1 (2) It is in the national interest to preserve and

2 protect physical remnants of this era for the edu3 cation and benefit of present and future generations.

4 (3) There is a need to provide assistance for the

5 preservation and promotion of those vestiges of

6 southern West Virginia’s coal heritage which have

7 outstanding cultural, historic, and architectural

8 value.

9 SEC. 103. ESTABLISHMENT.

10 (a) IN GENERAL.—For the purpose of preserving and

11 interpreting for the educational and inspirational benefit

12 of present and future generations certain lands and struc13 tures with unique and significant historic and cultural

14 value associated with the coal mining heritage of the State

15 of West Virginia and the Nation, there is hereby estab16 lished the National Coal Heritage Area (hereafter in this

17 title referred to as the ‘‘Area’’).

18 (b) BOUNDARIES.—The Area shall be comprised of

19 the counties in the State of West Virginia that are the

20 subject of the study by the National Park Service, dated

21 1993, entitled ‘‘A Coal Mining Heritage Study: Southern

22 West Virginia’’ conducted pursuant to title VI of Public

23 Law 100–699.

24 (c) ADMINISTRATION.—The Area shall be adminis25 tered in accordance with this title.
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1 SEC. 104. CONTRACTUAL AGREEMENT.

2 The Secretary of the Interior (hereafter in this title

3 referred to as the ‘‘Secretary’’) is authorized to enter into

4 a contractual agreement with the Governor of the State

5 of West Virginia, acting through the Division of Culture

6 and History and the Division of Tourism and Parks, pur7 suant to which the Secretary shall assist the State of West

8 Virginia, its units of local government, and nonprofit orga9 nizations in each of the following:

10 (1) The development and implementation of in11 tegrated cultural, historical, and land resource man12 agement policies and programs in order to retain,

13 enhance, and interpret the significant values of the

14 lands, water, and structures of the Area.

15 (2) The preservation, restoration, maintenance,

16 operation, interpretation, and promotion of build17 ings, structures, facilities, sites, and points of inter18 est for public use that possess cultural, historical,

19 and architectural values associated with the coal

20 mining heritage of the Area.

21 (3) The coordination of activities by Federal,

22 State, and local governments and private businesses

23 and organizations in order to further historic preser24 vation and compatible economic revitalization.

25 (4) The development of guidelines and stand26 ards for projects, consistent with standards estab-
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1 lished by the National Park Service, for the preser2 vation and restoration of historic properties, includ3 ing interpretative methods, that will further history

4 preservation in the region.

5 SEC. 105. ELIGIBLE RESOURCES.

6 The resources eligible for the assistance under para7 graphs (2) and (5) of section 104 shall include those set

8 forth in appendix D of the study by the National Park

9 Service, dated 1993, entitled ‘‘A Coal Mining Heritage

10 Study: Southern West Virginia’’, conducted pursuant to

11 title VI of Public Law 100–699. Priority consideration

12 shall be given to those sites listed as ‘‘Conservation Prior13 ities’’ and ‘‘Important Historic Resources’’ as depicted on

14 the map entitled ‘‘Study Area: Historic Resources’’ in

15 such study.

16 SEC. 106. COAL HERITAGE MANAGEMENT PLAN.

17 (a) IN GENERAL.—Pursuant to the contractual

18 agreement referred to in section 104, within three years

19 after the date of enactment of this title, the Governor of

20 the State of West Virginia, acting through the Division

21 of Culture and History and the Division of Tourism and

22 Parks, shall submit to the Secretary a Coal Heritage Man23 agement Plan for the Area. The plan shall at a mini24 mum—
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1 (1) set forth the integrated cultural, historical,

2 and land resource management policies and pro3 grams referred to in section 104;

4 (2) describe the guidelines and standards for

5 projects referred to in section 104; and

6 (3) set forth the responsibilities of the State of

7 West Virginia, units of local government, nonprofit

8 entities, or Secretary to administer any properties

9 acquired pursuant to section 104.

10 (b) PLAN APPROVAL.—The Secretary shall approve

11 the plan submitted under subsection (a) unless he deter12 mines that it would meet the objectives of this title.

13 SEC. 107. SUNSET.

14 The Secretary may not make any grant or provide

15 any assistance under this title after September 30, 2012.

16 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

17 (a) IN GENERAL.—There is authorized to be appro18 priated under this title not more than $1,000,000 for any

19 fiscal year. Not more than a total of $10,000,000 may

20 be appropriated for the Area under this title.

21 (b) 50 PERCENT MATCH.—Federal funding provided

22 under this title may not exceed 50 percent of the total

23 cost of any assistance or grant provided or authorized

24 under this title.
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1 TITLE II—TENNESSEE CIVIL

2 WAR HERITAGE AREA

3 SEC. 201. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) there are situated in the State of Tennessee

6 the sites of several key Civil War battles, campaigns,

7 and engagements;

8 (2) certain sites, battlefields, structures, and

9 areas in Tennessee are collectively of national sig10 nificance in the history of the Civil War;

11 (3) the Civil War Sites Advisory Commission,

12 established by Congress in 1991, identified 38 sites

13 in Tennessee as significant;

14 (4) the preservation and interpretation of these

15 sites will make an important contribution to the un16 derstanding of the heritage of the United States;

17 (5) the preservation of Civil War sites within a

18 regional framework requires cooperation among local

19 property owners and Federal, State, and local gov20 ernment entities; and

21 (6) partnerships between Federal, State, and

22 local governments and their regional entities, and

23 the private sector, offer the most effective opportuni24 ties for the enhancement and management of the
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1 Civil War battlefields and related sites located in

2 Tennessee.

3 (b) PURPOSES.—The purposes of this title are—

4 (1) to preserve, conserve, and interpret the leg5 acy of the Civil War in Tennessee;

6 (2) to recognize and interpret important events

7 and geographic locations representing key Civil War

8 battles, campaigns, and engagements in Tennessee;

9 (3) to recognize and interpret the effect of the

10 Civil War on the civilian population of Tennessee

11 during the war and postwar reconstruction period;

12 and

13 (4) to create partnerships among Federal,

14 State, and local governments and their regional enti15 ties, and the private sector to preserve, conserve, en16 hance, and interpret the battlefields and associated

17 sites associated with the Civil War in Tennessee.

18 SEC. 202. DEFINITIONS.

19 For purposes of this title:

20 (1) The term ‘‘national heritage area’’ means

21 the Tennessee Civil War Heritage Area as des22 ignated pursuant to section 203.

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

24 of the Interior.
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1 (3) The term ‘‘compact’’ means the compact

2 approved under section 204.

3 (4) The term ‘‘management plan’’ means the

4 management plan submitted under section 205.

5 SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.

6 (a) DESIGNATION.—Upon publication by the Sec7 retary in the Federal Register of notice that a compact

8 regarding the Tennessee Civil War Heritage Area has

9 been approved by the Secretary in accordance with this

10 title, there is hereby designated the Tennessee Civil War

11 Heritage Area.

12 (b) BOUNDARIES.—The Tennessee Civil War Herit13 age Area shall be comprised of areas of the State of Ten14 nessee depicted on the map entitled ‘‘Tennessee Civil War

15 Heritage Area’’. The map shall be on file and available

16 for public inspection in the office of the Director of the

17 National Park Service.

18 (c) ADMINISTRATION.—The national heritage area

19 shall be administrated in accordance with the compact and

20 the management plan.

21 SEC. 204. COMPACT.

22 (a) COMPACT.—The compact referred to in section

23 203(a) shall include information relating to the objectives

24 and management of the area proposed for designation as
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1 the national heritage area. Such information shall include

2 (but not be limited to) each of the following:

3 (1) A delineation of the boundaries of the pro4 posed national heritage area.

5 (2) A discussion of the goals and objectives of

6 the proposed national heritage area, including an ex7 planation of the approach proposed by the partners

8 referred to in paragraph (4), to conservation and in9 terpretation of resources.

10 (3) An identification and description of the

11 management entity that will administer the proposed

12 national heritage area.

13 (4) A list of the initial partners to be involved

14 in developing and implementing the management

15 plan for the proposed national heritage area, and a

16 statement of the financial commitment of the part17 ners.

18 (5) A description of the role of the State of

19 Tennessee.

20 (b) PREPARATION OF AND ACTIONS CALLED FOR IN

21 COMPACT.—The compact shall be prepared with public

22 participation. Actions called for in the compact shall be

23 likely to be initiated within a reasonable time after des24 ignation of the proposed national heritage area and shall
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1 ensure effective implementation of the State and local as2 pects of the compact.

3 (c) APPROVAL AND DISAPPROVAL OF COMPACTS.—

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Governor of Tennessee, shall approve

6 or disapprove the proposed compact not later than

7 90 days after receiving such compact.

8 (2) PROCEDURES IF DISAPPROVED.—If the Sec9 retary disapproves a proposed compact, the Sec10 retary shall advise, in writing, of the reasons for the

11 disapproval and shall make recommendations for re12 visions of the proposed compact. The Secretary shall

13 approve or disapprove a proposed revision to such a

14 compact within 90 days after the date on which the

15 revision is submitted to the Secretary.

16 SEC. 205. MANAGEMENT.

17 (a) MANAGEMENT PLANS.—A management plan sub18 mitted under this title for the national heritage area shall

19 present comprehensive recommendations for the conserva20 tion, funding, management, and development of the area.

21 The management plan shall—

22 (1) be prepared with public participation;

23 (2) take into consideration existing Federal,

24 State, county, and local plans and involve residents,
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1 public agencies, and private organizations in the

2 area;

3 (3) include a description of actions that units of

4 government and private organizations are rec5 ommended to take to protect the resources of the

6 area;

7 (4) specify existing and potential sources of

8 funding for the conservation, management, and de9 velopment of the area; and

10 (5) include the following, as appropriate:

11 (A) An inventory of the resources con12 tained in the national heritage area, including a

13 list of property in the area that should be con14 served, restored, managed, developed, or main15 tained because of the natural, cultural, or his16 toric significance of the property as it relates to

17 the themes of the area.

18 (B) A recommendation of policies for re19 source management that consider and detail the

20 application of appropriate land and water man21 agement techniques, including (but not limited

22 to) the development of intergovernmental coop23 erative agreements to manage the historical,

24 cultural, and natural resources and the rec25 reational opportunities of the area in a manner
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1 consistent with the support of appropriate and

2 compatible economic viability.

3 (C) A program, including plans for res4 toration and construction, for implementation

5 of the management plan by the management

6 entity specified in the compact for the area and

7 specific commitments, for the first 5 years of

8 operation of the plan, by the partners identified

9 in the compact.

10 (D) An analysis of means by which Fed11 eral, State, and local programs may best be co12 ordinated to promote the purposes of this title.

13 (E) An interpretive plan for the national

14 heritage area.

15 (b) MANAGEMENT ENTITIES.—The management en16 tity for the national heritage area shall do each of the fol17 lowing:

18 (1) Develop and submit to the Secretary a man19 agement plan not later than three years after the

20 date of the designation of the area as a national her21 itage area.

22 (2) Give priority to the implementation of ac23 tions, goals, and policies set forth in the compact

24 and management plan for the area, including—
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1 (A) assisting units of government, regional

2 planning organizations, and nonprofit organiza3 tions—

4 (i) in conserving the national heritage

5 area;

6 (ii) in establishing and maintaining

7 interpretive exhibits in the area;

8 (iii) in developing recreational oppor9 tunities in the area;

10 (iv) in increasing public awareness of

11 and appreciation for the natural, historical,

12 and cultural resources of the area;

13 (v) in the restoration of historic build14 ings that are located within the boundaries

15 of the area and relate to the themes of the

16 area; and

17 (vi) in ensuring that clear, consistent,

18 and environmentally appropriate signs

19 identifying access points and sites of inter20 est are put in place throughout the area;

21 and

22 (B) consistent with the goals of the man23 agement plan, encouraging economic viability in

24 the affected communities by appropriate means.
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1 (3) In developing and implementing the man2 agement plan for the area, consider the interests of

3 diverse units of government, businesses, private

4 property owners, and nonprofit groups within the ge5 ographic area.

6 (4) Conduct public meetings at least quarterly

7 regarding the implementation of the management

8 plan for the area.

9 (c) CLEARING HOUSE.—The Congress recognizes the

10 Center for Historic Preservation at Middle Tennessee

11 State University as the clearing house for the Tennessee

12 Civil War Heritage Area.

13 SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY.

14 The Secretary—

15 (1) may provide technical assistance and grants

16 to units of government and private nonprofit organi17 zations regarding the compact and, upon request of

18 the management entity for the national heritage

19 area, regarding the management plan and its imple20 mentation;

21 (2) may not, as a condition of the award of

22 technical assistance or grants under this section, re23 quire any recipient of such technical assistance or

24 grants to enact or modify land use restrictions; and
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1 (3) may not make limitations on fishing, hunt2 ing, or trapping a condition for the approval of the

3 compact or the determination of eligibility for tech4 nical assistance or grants under this section.

5 SEC. 207. SAVINGS PROVISIONS.

6 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN7 MENTS.—Nothing in this title shall be construed to mod8 ify, enlarge, or diminish any authority of the Federal,

9 State, or local governments to regulate any use of land

10 as provide for by law or regulation.

11 (b) LACK OF ZONING OR LAND USE POWERS OF EN12 TITY.—Nothing in this title shall be construed to grant

13 powers of zoning or land use to any management entity

14 for the national heritage area.

15 (c) FISH AND WILDLIFE.—The designation of the

16 national heritage area shall not diminish the authority of

17 the State of Tennessee to manage fish and wildlife, includ18 ing the regulation of fishing and hunting within such area.

19 SEC. 208. SUNSET.

20 The Secretary may not make any grant or provide

21 any assistance under this title after September 30, 2012.

22 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There is authorized to be appro24 priated under this title not more than $1,000,000 for any

25 fiscal year. Not more than a total of $10,000,000 may
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1 be appropriated for the national heritage area under this

2 title.

3 (b) 50 PERCENT MATCH.—Federal funding provided

4 under this title, after the designation of the national herit5 age area, may not exceed 50 percent of the total cost of

6 any assistance or grant provided or authorized under this

7 title.

8 TITLE III—AUGUSTA CANAL

9 NATIONAL HERITAGE AREA

10 SEC. 301. FINDINGS.

11 The Congress finds that—

12 (1) the Augusta Canal National Landmark in

13 the State of Georgia, listed on the National Historic

14 Register of Historic Places, and designated by the

15 Governor of Georgia as one of four regionally impor16 tant resources in the State, is one of the last un17 spoiled areas in the State of Georgia;

18 (2) the Augusta Canal National Historic Land19 mark possesses excellent water quality, beautiful

20 rural and historic cultural landscapes, architecturally

21 significant mill structures and mill villages, and

22 large acreages of parks and permanent open space;

23 (3) three national historic districts, the Harris24 burg, Laney Walker, and Greene Street districts,

25 and two national historic landmarks, Stallings Is-
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1 land, located in the Savannah River, and Meadow

2 Garden, are connected by the Augusta Canal Area;

3 (4) the beautiful rural landscapes and historic

4 cultural landscapes, scenic vistas and excellent water

5 quality of the Augusta Canal contain significant un6 developed recreational opportunities for people

7 throughout the United States;

8 (5) the Augusta Canal and related mill sites,

9 structures, and associated neighborhoods are rep10 resentatives of the development of the cotton textile

11 industry and associated agriculture and trade in the

12 South;

13 (6) the transformation of the agrarian economy

14 of the area into an early industrial economy was

15 precipitated by the development and use of the Au16 gusta Canal;

17 (7) several significant sites associated with the

18 American Revolution, the Civil War, Native Ameri19 cans, Colonial Americans, African Americans, Chi20 nese Americans, and Irish Americans are located

21 within the Augusta Canal area;

22 (8) despite the efforts by the State of Georgia,

23 political subdivisions of the State, volunteer organi24 zations, and private businesses, the cultural, histori25 cal, natural, and recreational resources of the area
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1 have not realized full potential and may be lost with2 out assistance from the Federal Government;

3 (9) the Secretary of the Interior considers this

4 landmark to be threatened and has designated it a

5 priority for protection;

6 (10) many local, regional, and State agencies,

7 businesses, and private citizens have expressed an

8 overwhelming desire to combine forces to work coop9 eratively to preserve and enhance the resources of

10 the Augusta Canal National Historic Landmark and

11 better plan for its future; and

12 (11) the Augusta Canal Authority, a public

13 body established under the law of the State of Geor14 gia, would be an appropriate management entity for

15 a National Heritage Area established in the area of

16 the Augusta Canal.

17 SEC. 302. PURPOSE.

18 It is the purpose of this title to provide a cooperative

19 management framework to assist the State of Georgia, its

20 units of local government, and area citizens in retaining,

21 enhancing, and interpreting the significant features of the

22 lands, water, and structures of the Augusta Canal, in a

23 manner that is consistent with positive economic impact

24 and development for the benefit and inspiration of present
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1 and future generations in the State of Georgia and the

2 United States.

3 SEC. 303. DESIGNATION OF AUGUSTA CANAL NATIONAL

4 HERITAGE AREA.

5 (a) DESIGNATION.—There is hereby designated in

6 the State of Georgia the Augusta Canal National Heritage

7 Area (referred to in this title as the ‘‘Heritage Area’’).

8 (b) BOUNDARIES.—

9 (1) IN GENERAL.—The Heritage Area shall in10 clude the land generally depicted on the map entitled

11 ‘‘The Augusta Canal’’, numbered AUCA–80,000,

12 and dated August 1994, which shall be on file and

13 available for public inspection in the Office of the

14 Director of the National Park Service, Washington,

15 D.C.

16 (2) LEGAL DESCRIPTION.—As soon as prac17 ticable after the date of enactment of this title, the

18 Secretary of the Interior (referred to in this title as

19 the ‘‘Secretary’’) shall prepare and place on file with

20 the map described in paragraph (1) a legal descrip21 tion of the boundaries of the Heritage Area.

22 SEC. 304. MANAGEMENT.

23 The Secretary, acting through the Director of the Na24 tional Park Service, shall enter into a cooperative agree25 ment with the Augusta Canal Authority, a public body es-
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1 tablished under the law of the State of Georgia, providing

2 for the management of the Heritage Area by the Augusta

3 Canal Authority under terms and conditions stated in the

4 cooperative agreement. The Secretary shall consult with

5 the Augusta Canal Authority before carrying out any man6 agement authority with respect to the Heritage Area

7 which is not provided for by the cooperative agreement.

8 SEC. 305. MANAGEMENT PLAN.

9 (a) PREPARATION OF PLAN.—Not later than three

10 years after the date of enactment of this title, the Augusta

11 Canal Authority shall prepare and submit to the Secretary

12 for review and approval a plan for the management and

13 administration of the Heritage Area.

14 (b) CONTENTS.—The plan shall be based on Federal,

15 State, and local plans in existence on the date of enact16 ment of this title, including the Augusta Canal Master

17 Plan. The Augusta Canal Authority shall coordinate and

18 combine such plans and present an integrated and cooper19 ative approach for the protection, enhancement, and inter20 pretation of the cultural, natural, scenic, and recreational

21 resources of the Heritage Area.

22 (c) ASSISTANCE.—The Secretary may provide tech23 nical and financial assistance in the preparation of the

24 management plan.

25 (d) APPROVAL.—
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1 (1) IN GENERAL.—Not later than 180 days

2 after receipt of the plan submitted under subsection

3 (a), the Secretary shall approve or disapprove the

4 plan.

5 (2) CRITERIA.—In determining whether to ap6 prove a plan, the Secretary shall consider—

7 (A) whether the plan has strong local sup8 port from a diversity of landowners, business

9 interests, nonprofit organizations, and govern10 ments within the area;

11 (B) whether the plan is consistent with

12 and complements continued economic activity in

13 the area;

14 (C) whether the plan has a high potential

15 for effective partnership mechanisms;

16 (D) whether the plan improperly infringes

17 on private property rights; and

18 (E) whether the plan will take appropriate

19 action to ensure private property rights are ob20 served.

21 (3) DISAPPROVAL.—

22 (A) IN GENERAL.—If the Secretary dis23 approves the proposed management plan, the

24 Secretary shall notify the Augusta Canal Au25 thority of the disapproval in writing.
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1 (B) CONTENTS.—A notification under sub2 paragraph (A) shall include—

3 (i) the reasons for the disapproval;

4 and

5 (ii) recommendations for revision.

6 (C) REVISED PLAN.—The Augusta Canal

7 Authority shall revise and resubmit the man8 agement plan to the Secretary for approval. Not

9 later than 180 days after receipt of the revised

10 plan, the Secretary shall approve or disapprove

11 the plan as provided in paragraph (2). The Au12 gusta Canal Authority shall revise and submit

13 the management plan until the management

14 plan is approved by the Secretary.

15 (e) IMPLEMENTATION.—

16 (1) IN GENERAL.—Upon approval of the man17 agement plan as provided in subsection (d), the Sec18 retary, in conjunction with the Augusta Canal Au19 thority, shall take appropriate steps to implement

20 the management plan.

21 (2) COOPERATIVE AGREEMENTS.—The Sec22 retary is authorized to enter into cooperative agree23 ments with the State of Georgia, political subdivi24 sions of the State, the Augusta Canal Authority, or
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1 any organization or individual to implement the

2 management plan.

3 (f) ECONOMIC DEVELOPMENT.—It is the sense of

4 Congress that the Augusta Canal Authority, the State of

5 Georgia, the City of Augusta, and other political subdivi6 sions of the State of Georgia should encourage, by appro7 priate means, enhanced economic and industrial develop8 ment in the area consistent with the goals of the Augusta

9 Canal Master Plan.

10 SEC. 306. GRANTS AND TECHNICAL ASSISTANCE.

11 The Secretary may provide grants and technical as12 sistance for the purposes of this title.

13 SEC. 307. ACQUISITION OF REAL PROPERTY.

14 The Augusta Canal Authority may not use any Fed15 eral funds that it may receive pursuant to this title to ac16 quire real property or an interest in real property.

17 SEC. 308. OCCUPATIONAL, SAFETY, CONSERVATION, AND

18 ENVIRONMENTAL REGULATION.

19 Nothing in this title shall be construed to—

20 (1) impose any occupational, safety, conserva21 tion, or environmental regulation on the Heritage

22 Area that is more stringent than the regulations

23 that would be applicable to the Heritage Area but

24 for the designation of the Heritage Area under sec25 tion 303; or
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1 (2) authorize any Federal agency to promulgate

2 an occupational, safety, conservation, or environ3 mental regulation for the Heritage Area that is more

4 stringent than the regulations applicable to the Her5 itage Area in existence on the date of enactment of

6 this title, solely as a result of the designation of the

7 Heritage Area under section 303.

8 SEC. 309. LAND USE REGULATION.

9 Nothing in this title shall be construed to—

10 (1) modify, enlarge, or diminish any authority

11 of Federal, State, and local governments to regulate

12 any use of land as provided for by law or regulation;

13 or

14 (2) grant powers of zoning or land use to the

15 Augusta Canal Authority.

16 SEC. 310. SUNSET.

17 The Secretary may not make any grant or provide

18 any assistance under this title after September 30, 2012.

19 SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There is authorized to be appro21 priated under this title not more than $1,000,000 for any

22 fiscal year. Not more than a total of $10,000,000 may

23 be appropriated for the Heritage Area under this title.

24 (b) 50 PERCENT MATCH.—Federal funding provided

25 under this title, after the designation of the Heritage
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1 Area, may not exceed 50 percent of the total cost of any

2 assistance or grant provided or authorized under this title.

3 TITLE IV—STEEL INDUSTRY

4 HERITAGE PROJECT

5 SEC. 401. SHORT TITLE.

6 This title may be cited as the ‘‘Steel Industry Amer7 ican Heritage Area Act of 1996’’.

8 SEC. 402. FINDINGS AND PURPOSE.

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

10 (1) the industrial and cultural heritage of

11 southwestern Pennsylvania, including the city of

12 Pittsburgh, and the counties of Allegheny, Arm13 strong, Beaver, Fayette, Greene, Washington, and

14 Westmoreland, related directly to steel and steel-re15 lated industries, is nationally significant;

16 (2) these industries include steelmaking,

17 ironmaking, aluminum, specialty metals, glass, coal

18 mining, coke production, machining and foundries,

19 transportation, and electrical industries;

20 (3) the industrial and cultural heritage of the

21 steel and related industries in this region includes

22 the social history and living cultural traditions of the

23 people of the region;

24 (4) the labor movement of the region played a

25 significant role in the development of the Nation, in-
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1 cluding the formation of many key unions such as

2 the Congress of Industrial Organizations (CIO) and

3 the United Steel Workers of America (USWA), and

4 crucial struggles to improve wages and working con5 ditions, such as the Rail Strike of 1877, the Home6 stead Strike of 1892, and the Great Steel Strike of

7 1919;

8 (5) the Department of the Interior is respon9 sible for protecting the Nation’s cultural and historic

10 resources, and there are significant examples of

11 these resources within this seven-county region to

12 merit the involvement of the Federal Government to

13 develop programs and projects, in cooperation with

14 the Steel Industry Heritage Corporation, the Com15 monwealth of Pennsylvania, and other local and gov16 ernmental bodies, to adequately conserve, protect,

17 and interpret this heritage for future generations,

18 while providing opportunities for education and revi19 talization; and

20 (6) the Steel Industry Heritage Corporation

21 would be an appropriate management entity for a

22 Heritage Area established in the region.

23 (b) STATEMENT OF PURPOSE.—The objectives of the

24 Steel Industry American Heritage Area are—
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1 (1) to foster a close working relationship with

2 all levels of government, the private sector, and the

3 local communities in the steel industry region of

4 southwestern Pennsylvania and empower the com5 munities to conserve their heritage while continuing

6 to pursue economic opportunities; and

7 (2) to conserve, interpret, and develop the his8 torical, cultural, natural, and recreational resources

9 related to the industrial and cultural heritage of the

10 seven-county region of southwestern Pennsylvania.

11 SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.

12 (a) ESTABLISHMENT.—There is hereby established

13 the Steel Industry American Heritage Area (in this title

14 referred to as the ‘‘Heritage Area’’).

15 (b) BOUNDARIES.—The Heritage Area shall be com16 prised of the counties of Allegheny, Armstrong, Beaver,

17 Fayette, Greene, Washington, and Westmoreland in Penn18 sylvania.

19 (c) MANAGEMENT ENTITY.—The management entity

20 for the Heritage Area shall be the Steel Industry Heritage

21 Corporation.

22 SEC. 404. COMPACT.

23 (a) IN GENERAL.—To carry out the purposes of this

24 title, the Secretary of the Interior (in this title referred

25 to as the ‘‘Secretary’’) shall enter into a compact with the
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1 management entity. The compact shall include informa2 tion relating to the objectives and management of the

3 area, including the following:

4 (1) A delineation of the boundaries of the pro5 posed Heritage Area.

6 (2) A discussion of the goals and objectives of

7 the proposed Heritage Area, including an expla8 nation of the proposed approach to conservation and

9 interpretation and a general outline of the protection

10 measures committed to by the partners referred to

11 in paragraph (4).

12 (3) An identification and description of the

13 management entity that will administer the proposed

14 Heritage Area.

15 (4) A list of the initial partners to be involved

16 in developing and implementing the management

17 plan for the proposed Heritage Area, and a state18 ment of the financial commitment of the partners.

19 (5) A description of the role of the Common20 wealth of Pennsylvania.

21 (b) ADDITIONAL REQUIREMENTS.—The compact

22 shall be prepared with public participation. Actions called

23 for in the compact shall be likely to be initiated within

24 a reasonable time after designation of the proposed Herit-
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1 age Area and shall ensure effective implementation of the

2 State and local aspects of the compact.

3 SEC. 405. MANAGEMENT PLAN.

4 The management entity shall develop a management

5 plan for the Heritage Area that presents comprehensive

6 recommendations for the Heritage Area’s conservation,

7 funding, management and development. Such plan shall

8 take into consideration existing State, county, and local

9 plans and involve residents, public agencies, and private

10 organizations working in the Heritage Area. It shall in11 clude actions to be undertaken by units of government and

12 private organizations to protect the resources of the Herit13 age Area. It shall specify the existing and potential

14 sources of funding to protect, manage, and develop the

15 Heritage Area. Such plan shall include, as appropriate,

16 the following:

17 (1) An inventory of the resources contained in

18 the Heritage Area, including a list of any property

19 in the Heritage Area that is related to the themes

20 of the Heritage Area and that should be preserved,

21 restored, managed, developed, or maintained because

22 of its natural, cultural, historic, recreational, or sce23 nic significance.

24 (2) A recommendation of policies for resource

25 management which considers and details application
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1 of appropriate land and water management tech2 niques, including but not limited to, the development

3 of intergovernmental cooperative agreements to pro4 tect the Heritage Area’s historical, cultural, rec5 reational, and natural resources in a manner consist6 ent with supporting appropriate and compatible eco7 nomic viability.

8 (3) A program for implementation of the man9 agement plan by the management entity, including

10 plans for restoration and construction, and specific

11 commitments of the identified partners for the first

12 5 years of operation.

13 (4) An analysis of ways in which local, State,

14 and Federal programs may best be coordinated to

15 promote the purposes of the title.

16 (5) An interpretation plan for the Heritage

17 Area.

18 SEC. 406. AUTHORITIES AND DUTIES OF MANAGEMENT EN19 TITY.

20 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

21 The management entity may, for purposes of preparing

22 and implementing the management plan under section

23 405, use Federal funds made available through this title—

24 (1) to make loans and grants to, and enter into

25 cooperative agreements with, States and their politi-
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1 cal subdivisions, private organizations, or any per2 son; and

3 (2) to hire and compensate staff.

4 (b) DUTIES OF THE MANAGEMENT ENTITY.—The

5 management entity shall—

6 (1) develop and submit to the Secretary for ap7 proval a management plan as described in section

8 405 within 3 years after the date of the enactment

9 of this title;

10 (2) give priority to implementing actions set

11 forth in the compact and the management plan, in12 cluding taking steps to—

13 (A) assist units of government, regional

14 planning organizations, and nonprofit organiza15 tions in preserving the Heritage Area;

16 (B) assist units of government, regional

17 planning organizations, and nonprofit organiza18 tions in establishing and maintaining interpre19 tive exhibits in the Heritage Area;

20 (C) assist units of government, regional

21 planning organizations, and nonprofit organiza22 tions in developing recreational resources in the

23 Heritage Area;

24 (D) assist units of government, regional

25 planning organizations, and nonprofit organiza-
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1 tions in increasing public awareness of and ap2 preciation for the natural, historical and archi3 tectural resources and sites in the Heritage

4 Area;

5 (E) assist units of government, regional

6 planning organizations and nonprofit organiza7 tions in the restoration of any historic building

8 relating to the themes of the Heritage Area;

9 (F) encourage by appropriate means eco10 nomic viability in the Heritage Area consistent

11 with the goals of the plan;

12 (G) encourage local governments to adopt

13 land use policies consistent with the manage14 ment of the Heritage Area and the goals of the

15 plan; and

16 (H) assist units of government, regional

17 planning organizations and nonprofit organiza18 tions to ensure that clear, consistent, and envi19 ronmentally appropriate signs identifying access

20 points and sites of interest are put in place

21 throughout the Heritage Area;

22 (3) consider the interests of diverse govern23 mental, business, and nonprofit groups within the

24 Heritage Area;
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1 (4) conduct public meetings at least quarterly

2 regarding the implementation of the management

3 plan;

4 (5) submit substantial changes (including any

5 increase of more than 20 percent in the cost esti6 mates for implementation) to the management plan

7 to the Secretary for the Secretary’s approval;

8 (6) for any year in which Federal funds have

9 been received under this title, submit an annual re10 port to the Secretary setting forth its accomplish11 ments, its expenses and income, and the entity to

12 which any loans and grants were made during the

13 year for which the report is made; and

14 (7) for any year in which Federal funds have

15 been received under this title, make available for

16 audit all records pertaining to the expenditure of

17 such funds and any matching funds, and require, for

18 all agreements authorizing expenditure of Federal

19 funds by other organizations, that the receiving or20 ganizations make available for audit all records per21 taining to the expenditure of such funds.

22 If a management plan is not submitted to the Secretary

23 as required under paragraph (1) within the specified time,

24 the Heritage Area shall no longer qualify for Federal

25 funding.
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1 (c) PROHIBITION ON THE ACQUISITION OF REAL

2 PROPERTY.—The management entity may not use Fed3 eral funds received under this title to acquire real property

4 or an interest in real property. Nothing in this title shall

5 preclude any management entity from using Federal funds

6 from other sources for their permitted purposes.

7 SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL AGEN8 CIES.

9 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

10 (1) IN GENERAL.—The Secretary may, upon re11 quest of the management entity, provide technical

12 and financial assistance to the Heritage Area to de13 velop and implement the management plan. In as14 sisting the Heritage Area, the Secretary shall give

15 priority to actions that in general assist in—

16 (A) conserving the significant natural, his17 toric, and cultural resources which support its

18 themes; and

19 (B) providing educational, interpretive, and

20 recreational opportunities consistent with its re21 sources and associated values.

22 (2) SPENDING FOR NON-FEDERALLY OWNED

23 PROPERTY.—The Secretary may spend Federal

24 funds directly on non-federally owned property to

25 further the purposes of this title, especially in assist-
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1 ing units of government in appropriate treatment of

2 districts, sites, buildings, structures, and objects list3 ed or eligible for listing on the National Register of

4 Historic Places. The Historic American Building

5 Survey/Historic American Engineering Record shall

6 conduct those studies necessary to document the in7 dustrial, engineering, building, and architectural his8 tory of the region.

9 (b) APPROVAL AND DISAPPROVAL OF COMPACTS AND

10 MANAGEMENT PLANS.—

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Governor of Pennsylvania shall approve

13 or disapprove a compact or management plan sub14 mitted under this title not later than 90 days after

15 receiving such compact or management plan.

16 (2) ACTION FOLLOWING DISAPPROVAL.—If the

17 Secretary disapproves a submitted compact or man18 agement plan, the Secretary shall advise the man19 agement entity in writing of the reasons therefor

20 and shall make recommendations for revisions in the

21 compact or plan. The Secretary shall approve or dis22 approve a proposed revision within 90 days after the

23 date it is submitted.

24 (c) APPROVING AMENDMENTS.—The Secretary shall

25 review substantial amendments to the management plan
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1 for the Heritage Area. Funds appropriated pursuant to

2 this title may not be expended to implement the changes

3 made by such amendments until the Secretary approves

4 the amendments.

5 SEC. 408. SUNSET.

6 The Secretary may not make any grant or provide

7 any assistance under this title after September 30, 2012.

8 SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

9 (a) IN GENERAL.—There is authorized to be appro10 priated under this title not more than $1,000,000 for any

11 fiscal year. Not more than a total of $10,000,000 may

12 be appropriated for the Heritage Area under this title.

13 (b) 50 PERCENT MATCH.—Federal funding provided

14 under this title, after the designation of this Heritage

15 Area, may not exceed 50 percent of the total cost of any

16 assistance or grant provided or authorized under this title.

17 TITLE V—ESSEX NATIONAL

18 HERITAGE AREA

19 SEC. 501. FINDINGS AND PURPOSE.

20 (a) FINDINGS.—The Congress finds that—

21 (1) Essex County, Massachusetts, was host to

22 a series of historic events that influenced the course

23 of the early settlement of the United States; its

24 emergence as a maritime power; and its subsequent

25 industrial development;
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1 (2) the North Shore of Essex County and the

2 Merrimack River valley in Essex County contain ex3 amples of significant early American architecture

4 and significant Federal-period architecture, many

5 sites and buildings associated with the establishment

6 of the maritime trade in the United States, the site

7 of the witchcraft trials of 1692, the birthplace of

8 successful iron manufacture, and the establishment

9 of the textile and leather industries in and around

10 the cities of Peabody, Beverly, Lynn, Lawrence, and

11 Haverhill;

12 (3) Salem, Massachusetts, has a rich heritage

13 as one of the earliest landing sites of the English

14 colonists, the first major world harbor for the Unit15 ed States, and an early thriving hub of American in16 dustries;

17 (4) the Saugus Iron Works National Historic

18 Site is the site of the first sustained, integrated iron

19 works in Colonial America, and the technology em20 ployed at the Iron Works was dispersed throughout

21 the Colonies and was critical to the development of

22 industry and technology in America;

23 (5) the Salem Maritime National Historic Site

24 contains nationally significant resources that explain

25 the manner in which the Nation was settled, its evo-
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1 lution into a maritime power, and its development as

2 a major industrial force;

3 (6) the story told at the Salem Maritime and

4 Saugus Iron Works National Historic Sites would be

5 greatly enhanced through the interpretation of sig6 nificant theme-related resources in Salem and

7 Saugus and throughout Essex County;

8 (7) partnerships between the private and public

9 sectors have been created and additional partner10 ships will be encouraged to preserve the rich cultural

11 heritage of the region, which will stimulate cultural

12 awareness, preservation, and economic development

13 through tourism;

14 (8) a visitors’ center that has already been con15 structed at the Salem Maritime National Historic

16 Site in Salem, Massachusetts, will be available to in17 terpret the themes of the Essex National Heritage

18 Area established by this title and to coordinate the

19 interpretive and preservation activities of the Area;

20 and

21 (9) the resident and business communities of

22 the region have formed the Essex Heritage Ad Hoc

23 Commission for the preservation, interpretation, pro24 motion, and development of the historic, cultural,

25 and natural resources of the region and are invest-
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1 ing significant private funds and energy to develop

2 a plan to preserve the nationally significant re3 sources of Essex County.

4 (b) PURPOSE.—It is the purpose of this title—

5 (1) to establish the Essex National Heritage

6 Area to recognize, preserve, promote, interpret, and

7 make available for the benefit of the public the his8 toric, cultural, and natural resources of the North

9 Shore and lower Merrimack River valley in Essex

10 County, Massachusetts, which encompass the three

11 primary themes of the Salem Maritime National

12 Historic Site and Saugus Iron Works National His13 toric Site (the histories of early settlement, maritime

14 trade, and the textile and leather industries);

15 (2) to implement the appropriate alternative as

16 described in the document entitled ‘‘The Salem

17 Project: A Study of Alternatives’’, dated January

18 1990, within the boundaries of Essex County; and

19 (3) to provide a management framework to as20 sist the Commonwealth of Massachusetts and its

21 units of local government in the development and

22 implementation of an integrated cultural, historical,

23 and land resource management program in order to

24 retain, enhance, and interpret the significant values
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1 of the lands, waters, and structures located in the

2 Essex National Heritage Area.

3 SEC. 502. DEFINITIONS.

4 For purposes of this title:

5 (1) The terms ‘‘Area’’ and ‘‘National Heritage

6 Area’’ mean the Essex National Heritage Area es7 tablished by section 503.

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

9 of the Interior.

10 SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.

11 (a) DESIGNATION.—For the purpose of preserving

12 and interpreting, for the educational and inspirational

13 benefit of present and future generations, the unique and

14 significant contributions to our national heritage of cer15 tain historic and cultural lands, natural waterways, and

16 structures within the County of Essex in the Common17 wealth of Massachusetts, there is hereby established the

18 Essex National Heritage Area.

19 (b) BOUNDARIES.—The Area shall comprise the

20 lands generally depicted on the map numbered NAR–51–

21 80,000 and dated August 1994. The map shall be on file

22 and available for public inspection in the office of the Di23 rector of the National Park Service.

24 (c) ADMINISTRATION.—The Area shall be adminis25 tered in accordance with the provisions of this title.
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1 SEC. 504. MANAGEMENT ENTITY.

2 (a) IN GENERAL.—The management entity for the

3 National Heritage Area shall be an entity which is selected

4 by the Essex Heritage Ad Hoc Commission or its designee,

5 reflects a broad cross-section of interests within the Area,

6 and includes—

7 (1) at least 1 representative of one or more

8 units of government in each State in which the Na9 tional Heritage Area is located; and

10 (2) private property owners who reside within

11 the National Heritage Area.

12 (b) DUTIES.—The management entity for the Area

13 shall fulfill each of the following requirements:

14 (1) HERITAGE PLAN.—Not later than 3 years

15 after the date of the designation of the Area as a

16 National Heritage Area, the management entity

17 shall develop and forward to the Secretary, and to

18 the Governor of Massachusetts, a heritage plan for

19 the Area.

20 (2) PRIORITIES.—The management entity shall

21 give priority to the implementation of action, goals,

22 and policies set forth in the compact and heritage

23 plan for the Area, including assisting units of gov24 ernment and others in—

25 (A) carrying out programs which recognize

26 important resource values within the Area;
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1 (B) encouraging economic viability in the

2 affected communities;

3 (C) establishing and maintaining interpre4 tive exhibits in the Area;

5 (D) developing recreational and edu6 cational opportunities in the Area;

7 (E) increasing public awareness of and ap8 preciation for the natural, historical, and cul9 tural resources of the Area;

10 (F) restoring historic buildings that are lo11 cated within the boundaries of the Area and re12 late to the theme of the Area; and

13 (G) ensuring that clear, consistent, and ap14 propriate signs identifying public access points

15 and sites of interest are put in place throughout

16 the Area.

17 (3) CONSIDERATION OF INTERESTS OF LOCAL

18 GROUPS.—The management entity shall, in develop19 ing and implementing the heritage plan for the Area,

20 consider the interests of diverse units of government,

21 businesses, private property owners, and nonprofit

22 groups within the geographic area.

23 (4) PUBLIC MEETINGS.—The management en24 tity shall conduct public meetings at least annually

25 regarding the implementation of the heritage plan
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1 for the Area. The management entity shall place a

2 notice of each such meeting in a newspaper of gen3 eral circulation in the Area and shall make the min4 utes of the meeting available to the public.

5 SEC. 505. DUTIES OF THE SECRETARY.

6 (a) IN GENERAL.—To carry out the purpose of this

7 title, the Secretary shall assist the management entity in

8 preparing such studies and plans as the Secretary consid9 ers appropriate and in implementing the recommendations

10 contained in a study report prepared by the management

11 entity. The Secretary is authorized to enter into agree12 ments with the Commission or with any owner of property

13 with national historic or cultural significance within the

14 Area for the purpose of facilitating public use and enjoy15 ment of such resources or to otherwise further the objec16 tives of the management entity. Any such agreement shall

17 provide whenever appropriate that—

18 (1) the public may have access to such re19 sources at specified, reasonable times for the pur20 pose of viewing the property or exhibits or attending

21 programs or other activities, as may be appropriate;

22 (2) the Secretary may make improvements to

23 such resources as the management entity or the Sec24 retary deem necessary to enhance the public use and

25 enjoyment of the resources, or to render such prop-
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1 erty usable by the Secretary, the management entity,

2 or any person for the purpose of this title; and

3 (3) the Secretary may occupy, utilize, and ac4 quire easements or leasehold interests in resources

5 as required to implement the programs and purpose

6 of this title.

7 (b) TECHNICAL ASSISTANCE AND GRANTS.—The

8 Secretary may provide, upon request, technical assistance

9 and grants to the management entity to assist the man10 agement entity in the performance of its powers and func11 tions as authorized under this title. The Secretary may

12 provide to any owner of property within the Area, to the

13 Commonwealth of Massachusetts, to the City of Salem

14 and other participating municipalities, to any other Fed15 eral or State entity, to any institution, or to any person

16 such technical assistance and grants as the Secretary con17 siders appropriate to carry out the purpose of this title.

18 SEC. 506. PRIVATE PROPERTY.

19 No privately owned property shall be included within

20 the boundaries of the Area unless the government of the

21 county, city, or town in which the property is located

22 agrees to be so included and submits notification of such

23 agreement to the Secretary.
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1 SEC. 507. SUNSET.

2 The Secretary may not make any grant or provide

3 any assistance under this title after September 30, 2012.

4 SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There is authorized to be appro6 priated under this title not more than $1,000,000 for any

7 fiscal year. Not more than a total of $10,000,000 may

8 be appropriated for the Area under this title.

9 (b) 50 PERCENT MATCH.—Federal funding provided

10 under this title, after the designation of the Area, may

11 not exceed 50 percent of the total cost of any assistance

12 or grant provided or authorized under this title.

13 TITLE VI—SOUTH CAROLINA NA14 TIONAL HERITAGE CORRIDOR

15 SEC. 601. SHORT TITLE.

16 This title may be cited as the ‘‘South Carolina Na17 tional Heritage Corridor Act of 1996’’.

18 SEC. 602. FINDINGS AND PURPOSE.

19 (a) FINDINGS.—Congress finds that—

20 (1) the South Carolina National Heritage Cor21 ridor, more than 250 miles in length, possesses a

22 wide diversity of significant rare plants, animals,

23 and ecosystems, agricultural and timber lands, shell24 fish harvesting areas, historic sites and structures,

25 and cultural and multicultural landscapes related to

26 the past and current commerce, transportation, mar-
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1 itime, textile, agricultural, mining, cattle, pottery,

2 and national defense industries of the region, which

3 provide significant ecological, natural, tourism, rec4 reational, timber management, educational, and eco5 nomic benefits;

6 (2) there is a national interest in protecting,

7 conserving, restoring, promoting, and interpreting

8 the benefits of the Corridor for the residents of, and

9 visitors to, the Corridor area;

10 (3) a primary responsibility for conserving, pre11 serving, protecting, and promoting the benefits re12 sides with the State of South Carolina and the units

13 of local government having jurisdiction over the Cor14 ridor area; and

15 (4) in view of the longstanding Federal practice

16 of assisting States in creating, protecting, conserv17 ing, preserving, and interpreting areas of significant

18 natural and cultural importance, and in view of the

19 national significance of the Corridor, the Federal

20 Government has an interest in assisting the State of

21 South Carolina, the units of local government of the

22 State, and the private sector in fulfilling the respon23 sibilities described in paragraph (3).

24 (b) PURPOSES.—The purposes of this title are—
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1 (1) to protect, preserve, conserve, restore, pro2 mote, and interpret the significant land and water

3 resource values and functions of the Corridor;

4 (2) to encourage and support, through financial

5 and technical assistance, the State of South Caro6 lina, the units of local government of the State, and

7 the private sector in the development of a heritage

8 plan for the Corridor to ensure coordinated public

9 and private action in the Corridor area in a manner

10 consistent with subsection (a);

11 (3) to provide, during the development of an in12 tegrated heritage plan, Federal financial and tech13 nical assistance for the protection, preservation, and

14 conservation of land and water areas in the Corridor

15 that are in danger of being adversely affected or de16 stroyed;

17 (4) to encourage and assist the State of South

18 Carolina and the units of local government of the

19 State to identify the full range of public and private

20 technical and financial assistance programs and

21 services available to implement the heritage plan;

22 (5) to encourage adequate coordination of all

23 government programs affecting the land and water

24 resources of the Corridor; and
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1 (6) to develop a management framework with

2 the State of South Carolina and the units of local

3 government of the State for—

4 (A) planning and implementing the herit5 age plan; and

6 (B) developing policies and programs that

7 will preserve, conserve, protect, restore, en8 hance, and interpret the cultural, historical,

9 natural, economic, recreational, and scenic re10 sources of the Corridor.

11 SEC. 603. DEFINITIONS.

12 For purposes of this title—

13 (1) CORRIDOR.—The term ‘‘Corridor’’ means

14 the South Carolina National Heritage Corridor es15 tablished by section 604.

16 (2) GOVERNOR.—The term ‘‘Governor’’ means

17 the Governor of the State of South Carolina.

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

19 the Secretary of the Interior.

20 SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE COR21 RIDOR.

22 (a) ESTABLISHMENT.—There is established in the

23 State of South Carolina the South Carolina National Her24 itage Corridor.

25 (b) BOUNDARIES.—
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1 (1) IN GENERAL.—The boundaries of the Cor2 ridor are generally the boundaries of the western

3 counties of the State of South Carolina, extending

4 from the western Piedmont along the Savannah Val5 ley to Augusta, Georgia, along the route of the old

6 Southern Railroad, along the Ashley River to

7 Charleston.

8 (2) INCLUDED COUNTIES.—The Corridor shall

9 consist of the following counties of South Carolina,

10 in part or in whole, as the heritage plan may specify

11 on the recommendations of the units of local govern12 ment with the Corridor area:

13 (A) Oconee.

14 (B) Pickens.

15 (C) Anderson.

16 (D) Abbeville.

17 (E) Greenwood.

18 (F) McCormick.

19 (G) Edgefield.

20 (H) Aiken.

21 (I) Barnwell.

22 (J) Orangeburg.

23 (K) Bamberg.

24 (L) Dorchester.

25 (M) Colleton.
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1 (N) Charleston.

2 (3) DETAIL.—The boundaries shall be specified

3 in detail in the heritage plan.

4 SEC. 605. MANAGEMENT ENTITY.

5 (a) IN GENERAL.—The management entity for the

6 National Heritage Corridor shall be an entity selected by

7 the Governor of the State of South Carolina which reflects

8 a broad cross-section of interests within the Corridor and

9 which includes—

10 (1) at least 1 representative of one or more

11 units of government in South Carolina; and

12 (2) private property owners who reside within

13 the National Heritage Corridor.

14 (b) DUTIES.—The management entity for the Na15 tional Heritage Corridor shall fulfill each of the following

16 requirements:

17 (1) HERITAGE PLAN.—Not later than 3 years

18 after the date of the designation of the area as a

19 National Heritage Corridor, the management entity

20 shall develop and forward to the Secretary, and to

21 the Governor of South Carolina, a heritage plan.

22 (2) PRIORITIES.—The management entity shall

23 give priority to the implementation of actions, goals,

24 and policies set forth in the compact and heritage
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1 plan for the Corridor, including assisting units of

2 government and others in—

3 (A) carrying out programs which recognize

4 important resource values within the National

5 Heritage Corridor;

6 (B) encouraging economic viability in the

7 affected communities;

8 (C) establishing and maintaining interpre9 tive exhibits in the Corridor;

10 (D) developing recreational and edu11 cational opportunities in the Corridor;

12 (E) increasing public awareness of and ap13 preciation for the natural, historical, and cul14 tural resources of the Corridor;

15 (F) restoring historic buildings that are lo16 cated within the boundaries of the Corridor and

17 relate to the theme of the Corridor; and

18 (G) ensuring that clear, consistent, and ap19 propriate signs identifying public access points

20 and sites of interest are put in place throughout

21 the Corridor.

22 (3) CONSIDERATION OF INTERESTS OF LOCAL

23 GROUPS.—The management entity shall, in develop24 ing and implementing the heritage plan for the Cor25 ridor, consider the interest of diverse units of gov-
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1 ernment, businesses, private property owners, and

2 nonprofit groups within the geographic area.

3 (4) PUBLIC MEETINGS.—The management en4 tity shall conduct public meetings at least annually

5 regarding the implementation of the heritage plan

6 for the Corridor. The management entity shall place

7 a notice of each such meeting in a newspaper of gen8 eral circulation in the Corridor and shall make the

9 minutes of the meeting available to the public.

10 SEC. 606. DUTIES OF THE SECRETARY.

11 (a) ASSISTANCE.—On request of the management en12 tity, and subject to the availability of funds appropriated

13 specifically for the purpose, or made available on a reim14 bursable basis, the Secretary shall provide administrative,

15 technical, financial, development, and operations assist16 ance for the purposes of this title. The assistance may in17 clude—

18 (1) general administrative support in planning,

19 finance, personnel, procurement, property manage20 ment, environmental and historical compliance, and

21 land acquisition;

22 (2) personnel;

23 (3) office space and equipment;
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1 (4) planning and design services for visitor use

2 facilities, trails, interpretive exhibits, publications,

3 signs, and natural resource management;

4 (5) development and construction assistance, in5 cluding visitor use facilities, trails, river use and ac6 cess facilities, scenic byways, signs, waysides, and re7 habilitation of historic structures; and

8 (6) operations functions, including interpreta9 tion and visitor services, maintenance, and natural

10 resource management services conducted within the

11 boundaries of the Corridor.

12 (b) LOANS, GRANTS, AND COOPERATIVE AGREE13 MENTS.—For the purposes of assisting in the development

14 and implementation of the heritage plan, the Secretary

15 may, in consultation with the management entity, make

16 loans and grants to, and enter into cooperative agreements

17 with, the State of South Carolina (or a political subdivi18 sion of the State), private nonprofit organizations, cor19 porations, or other persons.

20 (c) APPROVAL OF HERITAGE PLAN.—

21 (1) IN GENERAL.—Not later than 180 days

22 after receipt of the plan submitted under section

23 605(b), the Secretary shall approve or disapprove

24 the plan.
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1 (2) CRITERIA.—In determining whether to ap2 prove a plan under this title, the Secretary shall con3 sider—

4 (A) whether the plan has strong local sup5 port from a diversity of landowners, business

6 interests, nonprofit organizations, and govern7 ments within the area;

8 (B) whether the plan is consistent with

9 and complements continued economic activity in

10 the area;

11 (C) whether the plan has a high potential

12 for effective partnership mechanisms;

13 (D) whether the plan improperly infringes

14 on private property rights; and

15 (E) whether the plan will take appropriate

16 action to ensure private property rights are ob17 served.

18 (3) DISAPPROVAL.—

19 (A) IN GENERAL.—If the Secretary dis20 approves the proposed heritage plan, the Sec21 retary shall notify the management entity.

22 (B) CONTENTS.—A notification under sub23 paragraph (A) shall include—

24 (i) the reasons for the disapproval;

25 and
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1 (ii) recommendations for revision.

2 (C) REVISED PLAN.—The management en3 tity shall revise and resubmit the heritage plan

4 to the Secretary for approval. Not later than

5 180 days after receipt of the revised plan, the

6 Secretary shall approve or disapprove the plan

7 as provided in paragraph (2). The management

8 entity shall revise and submit the heritage plan

9 until the heritage plan is approved by the Sec10 retary.

11 SEC. 607. SUNSET.

12 The Secretary may not make any grant or provide

13 any assistance under this title after September 30, 2012.

14 SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

15 (a) IN GENERAL.—There is authorized to be appro16 priated under this title not more than $1,000,000 for any

17 fiscal year. Not more than a total of $10,000,000 may

18 be appropriated for the Corridor under this title.

19 (b) 50 PERCENT MATCH.—Federal funding provided

20 under this title, after the designation of this Corridor, may

21 not exceed 50 percent of the total cost of any assistance

22 or grant provided or authorized under this title.
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1 TITLE VII—AMERICA’S AGRICUL2 TURAL HERITAGE PARTNER3 SHIP

4 SEC. 701. FINDINGS AND PURPOSES.

5 (a) The Congress finds that—

6 (1) the city of Waterloo, Iowa, and northeast

7 Iowa posses many important elements of the nation8 ally significant story of American agriculture, includ9 ing Native American agriculture, agricultural mecha10 nization, seed hybridization, farm cooperative move11 ments, rural electrification, farm-to-market systems,

12 rural to urban migration, veterinary practice, food

13 processing and preservation, national farm organiza14 tions, international hunger relief, and the develop15 ment of national and international agribusiness;

16 (2) these resources offer outstanding and

17 unique opportunities to acknowledge and appreciate

18 the development of American agriculture;

19 (3) the National Park Service has determined

20 that the story of American agriculture is nationally

21 significant, that northeast Iowa is an ideal place to

22 tell that story, and that this story could be divided

23 into 4 principal topics for interpretation in northeast

24 Iowa: the Amazing Science of Agriculture, Agri-
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1 culture as a Way of Life, Organizing for Survival,

2 and Crops from Field to Table;

3 (4) the responsibility for interpreting, retaining,

4 enhancing, and promoting the resources, values, and

5 amenities of Waterloo, Iowa, and northeast Iowa re6 sides with volunteer associations, private businesses,

7 political subdivisions of the State, and the State of

8 Iowa; and

9 (5) despite the efforts by volunteer associations,

10 private businesses, political subdivisions of the State,

11 and the State of Iowa, the cultural and historical re12 sources of the area have not realized full potential

13 and may be lost without some assistance from the

14 Federal Government.

15 (b) PURPOSES.—The purposes of this title are—

16 (1) to interpret, retain, enhance, and promote

17 the unique and significant contributions to national

18 and international agriculture of certain natural, his19 toric, and cultural resources within Waterloo, Iowa,

20 and northeast Iowa;

21 (2) to provide a partnership management

22 framework to assist volunteer associations, private

23 businesses, political subdivisions of the State, and

24 the State of Iowa in developing and implementing

25 Management Plan policies and programs that will
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1 assist in the interpretation, retention, enhancement,

2 and promotion of the cultural, natural, and rec3 reational resources of northeast Iowa;

4 (3) to allow for local, State, and Federal con5 tributions through limited grants and technical as6 sistance to create America’s Agricultural Heritage

7 Partnership through cooperative agreements among

8 volunteer associations, private businesses, political

9 subdivisions of the State, the State of Iowa, and

10 residents of the area; and

11 (4) to provide for an economically self-sustain12 ing Partnership for the educational and inspirational

13 benefit of current and future generations concerning

14 the story of American agriculture.

15 SEC. 702. DEFINITIONS.

16 As used in this title:

17 (1) PARTNERSHIP.—The term ‘‘Partnership’’

18 means the America’s Agricultural Heritage Partner19 ship as established by section 703(a).

20 (2) MANAGEMENT ENTITY.—The term ‘‘man21 agement entity’’ means the management entity as

22 established by section 704(a).

23 (3) POLITICAL SUBDIVISION.—The term ‘‘politi24 cal subdivision’’ means a political subdivision of the

25 State of Iowa, any part of which is located in or ad-
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1 jacent to the area in which the Partnership’s activi2 ties occur, including a county, city, or town.

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

4 of Iowa.

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

6 the Secretary of Agriculture.

7 (6) PARTNERSHIP MANAGEMENT PLAN.—The

8 term ‘‘Partnership Management Plan’’ means the

9 plan approved pursuant to section 705(a).

10 (7) ACTIVITIES.—The term ‘‘activities’’ means

11 the activities referred to in section 703(b).

12 SEC. 703. ESTABLISHMENT OF THE AMERICA’S AGRICUL13 TURAL HERITAGE PARTNERSHIP.

14 (a) ESTABLISHMENT.—To carry out this title, there

15 is established in the State of Iowa the ‘‘America’s Agricul16 tural Heritage Partnership’’ (in this title referred to as

17 the ‘‘Partnership’’), upon publication by the Secretary in

18 the Federal Register of notice that a Partnership Manage19 ment Plan has been approved by the Secretary under this

20 title.

21 (b) ACTIVITIES.—The Partnership’s activities shall

22 be limited to the counties of northeast Iowa that are gen23 erally depicted in ‘‘Alternatives #2 and #3’’ described in

24 the 1995 National Park Service ‘‘Special Resource Study,

25 Cedar Valley, Iowa.’’.
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1 (c) PARTICIPATION.—Nothing in this title shall re2 quire any resident located in the area in which the Part3 nership’s activities occur to participate in or be associated

4 with the Partnership or the Partnership’s activities.

5 (d) AFFILIATIONS.—Nothing in this title shall pro6 hibit future affiliations or designations of the Partnership

7 or Partnership Management Entity.

8 (e) GRANTS, TECHNICAL ASSISTANCE, AND COOPER9 ATIVE AGREEMENTS.—

10 (1) GRANTS AND TECHNICAL ASSISTANCE.—

11 The Secretary may make grants and provide tech12 nical assistance to America’s Agricultural Heritage

13 Partnership to assist it in carrying out its purposes.

14 (2) COOPERATIVE AGREEMENTS.—The Sec15 retary is authorized to enter into cooperative agree16 ments with private entities, the State of Iowa, any

17 political subdivision thereof, and other Federal enti18 ties, to further the purposes of this title, the Part19 nership, or the Partnership Management Entity.

20 SEC. 704. ESTABLISHMENT OF THE AMERICA’S AGRICUL21 TURAL HERITAGE PARTNERSHIP MANAGE22 MENT ENTITY.

23 (a) ESTABLISHMENT.—There is established a man24 agement entity for the Partnership based on the ‘‘Manage25 ment Option #5’’ outlined in the 1995 National Park Serv-
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1 ice ‘‘Special Resource Study, Cedar Valley, Iowa’’ and

2 subject to the approval of the Secretary.

3 (b) PARTNERSHIP MANAGEMENT PLAN.—The Part4 nership management entity shall be established in accord5 ance with the Partnership Management Plan referred to

6 in section 705(a).

7 (c) COMPOSITION.—The members of the management

8 entity may include persons affiliated with the following en9 tities: the American Association of Museums, American

10 Farm Bureau, American Farmland Trust, Effigy Mounds

11 National Monument and Herbert Hoover National His12 toric Site, Iowa Department of Agriculture and Land

13 Stewardship, Iowa Department of Corrections, Iowa De14 partment of Cultural Affairs, Iowa Department of Eco15 nomic Development, National Trust for Historic Preserva16 tion, the Smithsonian Institution, the State Historic Pres17 ervation Office of the State of Iowa, the United States

18 Department of Agriculture, the United States Department

19 of Transportation, and the America’s Agricultural/Indus20 trial Heritage Landscape, Inc.

21 SEC. 705. PARTNERSHIP MANAGEMENT PLAN.

22 (a) PREPARATION OF PARTNERSHIP MANAGEMENT

23 PLAN.—A Partnership Management Plan shall be submit24 ted to the Secretary for approval no later than three years

25 after the date of the enactment of this title.
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1 (b) ASSISTANCE.—The Secretary may provide tech2 nical assistance in the preparation of the Partnership

3 Management Plan.

4 SEC. 706. LAND USE REGULATION AND PRIVATE PROPERTY

5 PROTECTION.

6 (a) REGULATION.—Nothing in this title shall be con7 strued to modify, enlarge, or diminish any authority of

8 Federal, State, and local governments to regulate any use

9 of privately owned land provided by law or regulation.

10 (b) LAND USE.—Nothing in this title shall be con11 strued to grant the powers of zoning, land use, or con12 demnation to the Partnership Management Entity, the

13 Secretary or any other Federal, State, or local government

14 entity.

15 SEC. 707. SUNSET.

16 The Secretary may not make any grant or provide

17 any assistance under this title after September 30, 2012.

18 SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There is authorized to be appro20 priated under this title not more than $1,000,000 for any

21 fiscal year. Not more than a total of $10,000,000 may

22 be appropriated for the Partnership under this title.

23 (b) 50 PERCENT MATCH.—Federal funding provided

24 under this title, after the designation of this Partnership,
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1 may not exceed 50 percent of the total cost of any assist2 ance or grant provided or authorized under this title.

3 TITLE VIII—OHIO & ERIE CANAL

4 NATIONAL HERITAGE COR5 RIDOR

6 SEC. 801. SHORT TITLE.

7 This title may be cited as the ‘‘Ohio & Erie Canal

8 National Heritage Corridor Act of 1996’’.

9 SEC. 802. FINDINGS AND PURPOSE.

10 (a) FINDINGS.—Congress finds the following:

11 (1) The Ohio & Erie Canal, which opened for

12 commercial navigation in 1832, was the first inland

13 waterway to connect the Great Lakes at Lake Erie

14 with the Gulf of Mexico via the Ohio and Mississippi

15 Rivers and a part of a canal network in Ohio that

16 was one of America’s most extensive and successful

17 systems during a period in history when canals were

18 essential to the Nation’s growth.

19 (2) The Ohio & Erie Canal spurred economic

20 growth in the State of Ohio that took the State from

21 near bankruptcy to the third most economically

22 prosperous State in the Union in just 20 years.

23 (3) A 4-mile section of the Ohio & Erie Canal

24 was designated a National Historic Landmark in

25 1966 and other portions of the Ohio & Erie Canal
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1 and many associated structures were placed on the

2 National Register of Historic Places.

3 (4) In 1974, 19 miles of the Ohio & Erie Canal

4 were declared nationally significant under National

5 Park Service new area criteria with the designation

6 of Cuyahoga Valley National Recreation Area.

7 (5) The National Park Service found the Ohio

8 & Erie Canal nationally significant in a 1975 study

9 entitled ‘‘Suitability/Feasibility Study, Proposed

10 Ohio & Erie Canal’’.

11 (6) A 1993 Special Resources Study of the

12 Ohio & Erie Canal Corridor conducted by the Na13 tional Park Service entitled ‘‘A Route to Prosperity’’

14 has concluded that the corridor is eligible as a Na15 tional Heritage Corridor.

16 (7) Local governments, the State of Ohio, and

17 private sector interests have embraced the heritage

18 corridor concept and desire to enter into partnership

19 with the Federal Government to preserve, protect,

20 and develop the corridor for public benefit.

21 (b) PURPOSES.—The purposes of this title are—

22 (1) to preserve and interpret for the educational

23 and inspirational benefit of present and future gen24 erations the unique and significant contributions to

25 our national heritage of certain historic and cultural
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1 lands, waterways, and structures within the 87-mile

2 Ohio & Erie Canal Corridor between Cleveland and

3 Zoar;

4 (2) to encourage within the corridor a broad

5 range of economic opportunities enhancing the qual6 ity of life for present and future generations;

7 (3) to provide a management framework to as8 sist the State of Ohio, its political subdivisions, and

9 nonprofit organizations, or combinations thereof, in

10 preparing and implementing an integrated Corridor

11 Management Plan and in developing policies and

12 programs that will preserve, enhance, and interpret

13 the cultural, historical, natural, recreation, and sce14 nic resources of the corridor; and

15 (4) to authorize the Secretary to provide finan16 cial and technical assistance to the State of Ohio, its

17 political subdivisions, and nonprofit organizations, or

18 combinations thereof, in preparing and implementing

19 a Corridor Management Plan.

20 SEC. 803. DEFINITIONS.

21 For the purposes of this title:

22 (1) The term ‘‘corridor’’ means the Ohio & Erie

23 Canal National Heritage Corridor established by sec24 tion 804.
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1 (2) The term ‘‘Committee’’ means the Ohio &

2 Erie Canal National Heritage Area Committee es3 tablished by section 805.

4 (3) The term ‘‘Corridor Management Plan’’

5 means the management plan developed under section

6 808.

7 (4) The term ‘‘Secretary’’ means the Secretary

8 of the Interior.

9 (5) The term ‘‘technical assistance’’ means any

10 guidance, advice, help, or aid, other than financial

11 assistance, provided by the Secretary of the Interior.

12 (6) The term ‘‘financial assistance’’ means

13 funds appropriated by Congress and made available

14 to the management entity for the purposes of pre15 paring and implementing a Corridor Management

16 Plan.

17 (7) The term ‘‘management entity’’ means the

18 entity recognized by the Secretary pursuant to sec19 tion 807(a) to receive, distribute, and account for

20 Federal funds appropriated for the purposes of this

21 title.
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1 SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE COR2 RIDOR.

3 (a) ESTABLISHMENT.—There is established in the

4 State of Ohio the Ohio & Erie Canal National Heritage

5 Corridor.

6 (b) BOUNDARIES.—

7 (1) IN GENERAL.—The boundaries of the cor8 ridor shall be composed of the lands that are gen9 erally the route of the Ohio & Erie Canal from

10 Cleveland to Zoar, Ohio, as depicted in the 1993

11 National Park Service Special Resources Study, ‘‘A

12 Route to Prosperity’’, subject to paragraph (2). The

13 specific boundaries shall be those specified in the

14 management plan submitted under section 808. The

15 Secretary shall prepare a map of the corridor which

16 shall be on file and available for public inspection in

17 the office of the Director of the National Park Serv18 ice.

19 (2) CONSENT OF LOCAL GOVERNMENTS.—No

20 privately owned property shall be included within the

21 boundaries of the corridor unless the municipality in

22 which the property is located agrees to be so in23 cluded and submits notification of such agreement to

24 the Secretary.

25 (c) ADMINISTRATION.—The corridor shall be admin26 istered in accordance with the provisions of this title.
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1 SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE

2 CORRIDOR COMMITTEE.

3 (a) ESTABLISHMENT.—There is hereby established a

4 Committee to be known as the ‘‘Ohio & Erie Canal Na5 tional Heritage Corridor Committee’’, whose purpose shall

6 be to assist Federal, State, and local authorities and the

7 private sector in the preparation and implementation of

8 an integrated Corridor Management Plan.

9 (b) MEMBERSHIP.—The Committee shall be com10 prised of 21 members, as follows:

11 (1) Four individuals, appointed by the Sec12 retary after consideration of recommendations sub13 mitted by the Greater Cleveland Growth Association,

14 the Akron Regional Development Board, the Stark

15 Development Board, and the Tuscarawas County

16 Chamber of Commerce, who shall include one rep17 resentative of business and industry from each of

18 Ohio counties of Cuyahoga, Summit, Stark, and

19 Tuscarawas.

20 (2) One individuals, appointed by the Secretary

21 after consideration of recommendations submitted by

22 the Director of the Ohio Department of Travel and

23 Tourism, who is a director of a convention and tour24 ism bureau within the corridor.

25 (3) One individual, appointed by the Secretary

26 after consideration of recommendations submitted by
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1 the Ohio Historic Preservation Officer, with knowl2 edge and experience in the field of historic preserva3 tion.

4 (4) One individual, appointed by the Secretary

5 after consideration of recommendations submitted by

6 the Director of the National Park Service, with

7 knowledge and experience in the field of historic

8 preservation.

9 (5) Three individuals appointed by the Sec10 retary after consideration of recommendations sub11 mitted by the county or metropolitan park boards in

12 the Ohio counties of Cuyahoga, Summit, and Stark.

13 (6) Eight individuals appointed by the Sec14 retary after consideration of recommendations sub15 mitted by the county commissioners or county chief

16 executive of the Ohio counties of Cuyahoga, Summit,

17 Stark and Tuscarawas, including—

18 (A) from each county, one representative

19 of the planning offices of the county; and

20 (B) from each county, one representative

21 of a municipality in the county.

22 (7) Two individuals appointed by the Secretary

23 after consideration of recommendations submitted by

24 the Governor of Ohio, who shall be representatives

25 of the Directors of the Ohio Department of Natural
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1 Resources and the Ohio Department of Transpor2 tation.

3 (8) The Superintendent of the Cuyahoga Valley

4 National Recreation Area, ex officio.

5 (c) APPOINTMENTS.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), members of the Committee shall be ap8 pointed for terms of three years and may be re9 appointed.

10 (2) INITIAL APPOINTMENTS.—The Secretary

11 shall appoint the initial members of the Committee

12 within 30 days after the date on which the Secretary

13 has received all recommendations pursuant to sub14 section (b). Of the members first appointed—

15 (A) the members appointed pursuant to

16 subsection (b)(6)(B) shall be appointed to a

17 term of two years and may not be reappointed

18 to a consecutive term; and

19 (B) the member appointed pursuant to

20 subsection (b)(2) shall be appointed to a term

21 of two years and may not be reappointed to a

22 consecutive term.

23 (d) CHAIR AND VICE CHAIR.—The chair and vice

24 chair of the Committee shall be elected by the members
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1 of the Committee. The terms of the chair and vice chair

2 shall be two years.

3 (e) VACANCY.—A vacancy in the Committee shall be

4 filled in the manner in which the original appointment was

5 made. Any member appointed to fill a vacancy occurring

6 before the expiration of the term for which their prede7 cessor was appointed shall be appointed only for the re8 mainder of such term. Any member of the Committee ap9 pointed for a definite term may serve after the expiration

10 of their term until their successor has taken office.

11 (f) COMPENSATION AND EXPENSES.—Members of

12 the Committee shall serve without compensation for their

13 service on the Committee.

14 (g) QUORUM.—Eleven members of the Committee

15 shall constitute a quorum.

16 (h) MEETINGS.—The Committee shall meet at least

17 quarterly at the call of the chairperson or 11 of its mem18 bers. Meetings of the Committee shall be subject to section

19 552b of title 5, United States Code (relating to open meet20 ings).

21 (i) NOT TREATED AS ADVISORY COMMITTEE.—The

22 Committee shall not be treated as an Advisory Committee

23 for purposes of the Federal Advisory Committee Act (5

24 U.S.C. App.).
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1 SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERIT2 AGE CORRIDOR COMMITTEE.

3 (a) HEARINGS.—The Committee may, for the pur4 pose of carrying out this title, hold such hearings, sit and

5 act at such times and places, take such testimony, and

6 receive such evidence, as the Committee considers appro7 priate. The Committee may not issue subpoenas or exer8 cise any subpoena authority.

9 (b) BYLAWS.—The Committee may make such by10 laws and rules, consistent with this title, as it considers

11 necessary to carry out its functions under this title.

12 (c) POWERS OF MEMBERS AND AGENTS.—Any mem13 ber or agent of the Committee, if so authorized by the

14 Committee, may take any action which the Committee is

15 authorized to take by this title.

16 (d) CORRIDOR MANAGEMENT PLAN.—Upon submis17 sion of a draft Corridor Management Plan to the Commit18 tee from the management entity, the Committee shall,

19 within 60 days, review such plan for consistency with the

20 purposes of this title and endorse the plan or return it

21 to the management entity for revision. Upon endorsement

22 of the Corridor Management Plan, the Committee shall

23 submit such plan to the Secretary for approval pursuant

24 to section 808.

25 (e) REVIEW OF BUDGET.—The Committee shall re26 view on an annual basis the proposed expenditures of Fed-
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1 eral funds by the management entity for consistency with

2 the purpose of this title and the Corridor Management

3 Plan.

4 SEC. 807. MANAGEMENT ENTITY.

5 (a) ENTITY.—Upon petition, the Secretary is author6 ized to recognize the Ohio & Erie Canal Association as

7 the management entity for the Heritage Corridor.

8 (b) ELIGIBILITY.—To be eligible for designation as

9 the management entity of the corridor, an entity must pos10 sess the legal ability to—

11 (1) receive Federal funds for use in preparing

12 and implementing the management plan for the cor13 ridor;

14 (2) disburse Federal funds to other units of

15 government or other organizations for use in prepar16 ing and implementing the management plan for the

17 corridor;

18 (3) account for all Federal funds received or

19 disbursed; and

20 (4) sign agreements with the Federal Govern21 ment.

22 (c) FEDERAL FUNDING.—

23 (1) AUTHORIZATION TO RECEIVE.—The man24 agement entity is authorized to receive appropriated

25 Federal funds.
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1 (2) DISQUALIFICATION.—If a management plan

2 for the corridor is not submitted to the Secretary as

3 required under section 808 within the time specified

4 herein, the management entity shall cease to be eli5 gible for Federal funding under this title until such

6 a plan regarding the corridor is submitted to the

7 Secretary.

8 (d) AUTHORITIES OF MANAGEMENT ENTITY.—The

9 management entity of the corridor may, for purposes of

10 preparing and implementing the management plan for the

11 corridor, use Federal funds made available under this

12 title—

13 (1) to make grants and loans to the State of

14 Ohio, its political subdivisions, nonprofit organiza15 tions, and other persons;

16 (2) to enter into cooperative agreements with,

17 or provide technical assistance to, Federal agencies,

18 the State of Ohio, its political subdivision, nonprofit

19 organizations, and other persons;

20 (3) to hire and compensate staff;

21 (4) to obtain money from any source under any

22 program or law requiring the recipient of such

23 money to make a contribution in order to receive

24 such money; and

25 (5) to contract for goods and services.
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1 (e) PROHIBITION OF ACQUISITION OF REAL PROP2 ERTY.—The management entity for the corridor may not

3 use Federal funds received under this title to acquire real

4 property or any interest in real property.

5 SEC. 808. DUTIES OF THE MANAGEMENT ENTITY.

6 (a) CORRIDOR MANAGEMENT PLAN.—

7 (1) SUBMISSION FOR REVIEW BY COMMIT8 TEE.—Within 3 years after the date on which the

9 Secretary has recognized the management entity for

10 the corridor, the management entity shall develop

11 and submit for review to the Committee a manage12 ment plan for the corridor.

13 (2) PLAN REQUIREMENTS.—A management

14 plan submitted under this title shall present com15 prehensive recommendations for the conservation,

16 funding, management, and development of the cor17 ridor. The plan shall be prepared with public partici18 pation. The plan shall take into consideration exist19 ing Federal, State, county, and local plans and in20 volve residents, public agencies, and private organi21 zations in the corridor. The plan shall include a de22 scription of actions that units of government and

23 private organizations are recommended to take to

24 protect the resources of the corridor. The plan shall

25 specify existing and potential sources of funding for
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1 the conservation, management, and development of

2 the corridor. The plan also shall include the follow3 ing, as appropriate:

4 (A) An inventory of the resources con5 tained in the corridor, including a list of prop6 erty in the corridor that should be conserved,

7 restored, managed, developed, or maintained be8 cause of the natural, cultural, or historic sig9 nificance of the property as it relates to the

10 themes of the corridor.

11 (B) A recommendation of policies for re12 source management that consider and detail the

13 application of appropriate land and water man14 agement techniques, including (but not limited

15 to) the development of intergovernmental coop16 erative agreements to manage the historical,

17 cultural, and natural resources and recreational

18 opportunities of the corridor in a manner con19 sistent with the support of appropriate and

20 compatible economic viability.

21 (C) A program, including plans for res22 toration and construction, for implementation

23 of the management plan by the management

24 entity and specific commitments, for the first
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1 six years of operation of the plan by the part2 ners identified in said plan.

3 (D) An analysis of means by which Fed4 eral, State, and local programs may best be co5 ordinated to promote the purposes of this title.

6 (E) An interpretive plan for the corridor.

7 (3) APPROVAL AND DISAPPROVAL OF THE COR8 RIDOR MANAGEMENT PLAN.—

9 (A) IN GENERAL.—Upon submission of the

10 Corridor Management Plan from the Commit11 tee. the Secretary shall approve or disapprove

12 said plan not later than 60 days after receipt

13 of the plan. If the Secretary has taken no ac14 tion after 60 days upon receipt, the plan shall

15 be considered approved.

16 (B) DISAPPROVAL AND REVISIONS.—If the

17 Secretary disapproves the Corridor Manage18 ment Plan, the Secretary shall advise the Com19 mittee, in writing, of the reasons for the dis20 approval and shall make recommendations for

21 revision of the plan. The Secretary shall ap22 prove or disapprove proposed revisions to the

23 plan not later than 60 days after receipt of

24 such revision. If the Secretary has taken no ac-
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1 tion for 60 days after receipt, the plan shall be

2 considered approved.

3 (b) PRIORITIES.—The management entity shall give

4 priority to the implementation of actions, goals, and poli5 cies set forth in the management plan for the corridor,

6 including—

7 (1) assisting units of government, regional plan8 ning organizations, and nonprofit organizations—

9 (A) in conserving the corridor;

10 (B) in establishing and maintaining inter11 pretive exhibits in the corridor;

12 (C) in developing recreational opportunities

13 in the corridor;

14 (D) in increasing public awareness of and

15 appreciation for the natural, historical, and cul16 tural resources of the corridor;

17 (E) in the restoration of historic buildings

18 that are located within the boundaries of the

19 corridor and relate to the themes of the cor20 ridor; and

21 (F) in ensuring that clear, consistent, and

22 environmentally appropriate signs identifying

23 access points and sites of interest are put in

24 place throughout the corridor; and
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1 (2) consistent with the goals of the manage2 ment plan, encouraging economic viability in the af3 fected communities by appropriate means.

4 (c) CONSIDERATION OF INTERESTS OF LOCAL

5 GROUPS.—The management entity shall, in preparing and

6 implementing the management plan for the corridor, con7 sider the interest of diverse units of government, busi8 nesses, private property owners, and nonprofit groups

9 within the geographic area.

10 (d) PUBLIC MEETINGS.—The management entity

11 shall conduct public meetings at least quarterly regarding

12 the implementation of the Corridor Management Plan.

13 (e) ANNUAL REPORTS.—The management entity

14 shall, for any fiscal year in which it receives Federal funds

15 under this title or in which a loan made by the entity with

16 Federal funds under section 807(d)(1) is outstanding,

17 submit an annual report to the Secretary setting forth its

18 accomplishments, its expenses and income, and the enti19 ties to which it made any loans and grants during the year

20 for which the report is made.

21 (f) COOPERATION WITH AUDITS.—The management

22 entity shall, for any fiscal year in which its receives Fed23 eral funds under this title or in which a loan made by

24 the entity with Federal funds under section 807(d)(1) is

25 outstanding, make available for audit by the Congress, the
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1 Secretary, and appropriate units of government all records

2 and other information pertaining to the expenditure of

3 such funds and any matching funds, and require, for all

4 agreements authorizing expenditure of Federal funds by

5 other organizations, that the receiving organizations make

6 available for such audit all records and other information

7 pertaining to the expenditure of such funds.

8 SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGEN9 CIES.

10 (a) TECHNICAL ASSISTANCE AND GRANTS.—

11 (1) IN GENERAL.—The Secretary may provide

12 technical assistance and grants to units of govern13 ment, nonprofit organizations, and other persons,

14 upon request of the management entity of the cor15 ridor, and to the management entity, regarding the

16 management plan and its implementation.

17 (2) PROHIBITION OF CERTAIN REQUIRE18 MENTS.—The Secretary may not, as a condition of

19 the award of technical assistance or grants under

20 this section, require any recipient of such technical

21 assistance or grant to enact or modify land use re22 strictions.

23 (3) DETERMINATIONS REGARDING ASSIST24 ANCE.—The Secretary shall decide if the corridor

25 shall be awarded technical assistance or grants and
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1 the amount of that assistance. Such decisions shall

2 be based on the relative degree to which the corridor

3 effectively fulfills the objectives contained in the Cor4 ridor Management Plan and achieves the purposes

5 of this title. Such decisions shall give consideration

6 to projects which provide a greater leverage of Fed7 eral funds.

8 (b) PROVISION OF INFORMATION.—In cooperation

9 with other Federal agencies, the Secretary shall provide

10 the general public with information regarding the location

11 and character of the corridor.

12 (c) OTHER ASSISTANCE.—Upon request, the Super13 intendent of Cuyahoga Valley National Recreation Area

14 may provide to public and private organizations within the

15 corridor (including the management entity for the cor16 ridor) such operational assistance as appropriate to sup17 port the implementation of the Corridor Management

18 Plan, subject to the availability of appropriated funds. The

19 Secretary is authorized to enter into cooperative agree20 ments with public and private organizations for the pur21 poses of implementing this subsection.

22 (d) DUTIES OF OTHER FEDERAL AGENCIES.—Any

23 Federal entity conducting any activity directly affecting

24 the corridor shall consider the potential effect of the activ25 ity on the Corridor Management Plan and shall consult
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1 with the management entity of the corridor with respect

2 to the activity to minimize the adverse effects of the activ3 ity on the corridor.

4 SEC. 810. LACK OF EFFECT ON LAND USE REGULATION

5 AND PRIVATE PROPERTY.

6 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN7 MENTS.—Nothing in this title shall be construed to mod8 ify, enlarge, or diminish any authority of Federal, State,

9 or local governments to regulate any use of land as pro10 vided for by law or regulation.

11 (b) LACK OF ZONING OR LAND USE POWERS.—

12 Nothing in this title shall be construed to grant powers

13 of zoning or land use control to the Committee or manage14 ment entity of the corridor.

15 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

16 NOT AFFECTED.—Nothing in this title shall be construed

17 to affect or to authorize the Committee to interfere with—

18 (1) the rights of any person with respect to pri19 vate property; or

20 (2) any local zoning ordinance or land use plan

21 of the State of Ohio or a political subdivision there22 of.

23 SEC. 811. SUNSET.

24 The Secretary may not make any grant or provide

25 any assistance under this title after September 30, 2012.
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1 SEC. 812. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated under this title not more than $1,000,000 for any

4 fiscal year. Not more than a total of $10,000,000 may

5 be appropriated for the corridor under this title.

6 (b) 50 PERCENT MATCH.—Federal funding provided

7 under this title, after the designation of this corridor, may

8 not exceed 50 percent of the total cost of any assistance

9 or grant provided or authorized under this title.

10 TITLE IX—HUDSON RIVER VAL11 LEY NATIONAL HERITAGE

12 AREA

13 SEC. 901. SHORT TITLE.

14 This title may be cited as the ‘‘Hudson River Valley

15 National Heritage Area Act of 1996’’.

16 SEC. 902. FINDINGS.

17 The Congress finds the following:

18 (1) The Hudson River Valley between Yonkers,

19 New York, and Troy, New York, possesses impor20 tant historical, cultural, and natural resources, rep21 resenting themes of settlement and migration, trans22 portation, and commerce.

23 (2) The Hudson River Valley played an impor24 tant role in the military history of the American

25 Revolution.
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1 (3) The Hudson River Valley gave birth to im2 portant movements in American art and architecture

3 through the work of Andrew Jackson Downing, Al4 exander Jackson Davis, Thomas Cole, and their as5 sociates, and played a central role in the recognition

6 of the esthetic value of the landscape and the devel7 opment of an American esthetic ideal.

8 (4) The Hudson River Valley played an impor9 tant role in the development of the iron, textile, and

10 collar and cuff industries in the 19th century, exem11 plified in surviving structures such as the Harmony

12 Mills complex at Cohoes, and in the development of

13 early men’s and women’s labor and cooperative orga14 nizations, and is the home of the first women’s labor

15 union and the first women’s secondary school.

16 (5) The Hudson River Valley, in its cities and

17 towns and in its rural landscapes—

18 (A) displays exceptional surviving physical

19 resources illustrating these themes and the so20 cial, industrial, and cultural history of the 19th

21 and early 20th centuries; and

22 (B) includes many National Historic Sites

23 and Landmarks.

24 (6) The Hudson River Valley is the home of

25 traditions associated with Dutch and Huguenot set-
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1 tlements dating to the 17th and 18th centuries, was

2 the locus of characteristic American stories such as

3 ‘‘Rip Van Winkle’’ and the ‘‘Legend of Sleepy Hol4 low’’, and retains physical, social, and cultural evi5 dence of these traditions and the traditions of other

6 more recent ethnic and social groups.

7 (7) New York State has established a structure

8 for the Hudson River Valley communities to join to9 gether to preserve, conserve, and manage these re10 sources, and to link them through trails and other

11 means, in the Hudson River Greenway Communities

12 Council and the Greenway Conservancy.

13 SEC. 903. PURPOSES.

14 The purposes of this title are the following:

15 (1) To recognize the importance of the history

16 and the resources of the Hudson River Valley to the

17 Nation.

18 (2) To assist the State of New York and the

19 communities of the Hudson River Valley in preserv20 ing, protecting, and interpreting these resources for

21 the benefit of the Nation.

22 (3) To authorize Federal financial and technical

23 assistance to serve these purposes.
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1 SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE

2 AREA.

3 (a) ESTABLISHMENT.—There is hereby established a

4 Hudson River Valley National Heritage Area (in this title

5 referred to as the ‘‘Heritage Area’’).

6 (b) BOUNDARIES.—

7 (1) IN GENERAL.—Except as otherwise pro8 vided in paragraph (2), the Heritage Area shall be

9 comprised of the counties of Albany, Rensselaer, Co10 lumbia, Greene, Ulster, Dutchess, Orange, Putnam,

11 Westchester, and Rockland, New York, and the Vil12 lage of Waterford in Saratoga County, New York.

13 (2) AREAS EXCLUDED.—The Heritage Area

14 shall not include any of the following:

15 (A) The counties of Greene and Columbia.

16 (B) Those portions of the counties of

17 Rensselaer and Dutchess located entirely within

18 the 22d Congressional District of New York (as

19 such district exists on the date of the enact20 ment of this Act).

21 (c) MANAGEMENT ENTITIES.—The management en22 tities for the Heritage Area shall be the Hudson River Val23 ley Greenway Communities Council and the Greenway

24 Conservancy (agencies established by the State of New

25 York in its Hudson River Greenway Act of 1991, in this

26 title referred to as the ‘‘management entities’’). The man-
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1 agement entities shall jointly establish a Heritage Area

2 Committee to manage the Heritage Area.

3 SEC. 905. COMPACT.

4 To carry out the purposes of this title, the Secretary

5 of the Interior (in this title referred to as the ‘‘Secretary’’)

6 shall enter into a compact with the management entities.

7 The compact shall include information relating to the ob8 jectives and management of the area, including the follow9 ing:

10 (1) A discussion of the goals and objectives of

11 the Heritage Area, including an explanation of a

12 proposed approach to conservation and interpreta13 tion, and a general outline of the protection meas14 ures committed to by the parties to the compact.

15 (2) A description of the respective roles of the

16 management entities.

17 (3) A list of the initial partners to be involved

18 in developing and implementing a management plan

19 for the Heritage Area, and a statement of the finan20 cial commitment of such partners.

21 (4) A description of the role of the State of

22 New York.

23 SEC. 906. MANAGEMENT PLAN.

24 The management entities shall develop a manage25 ment plan for the Heritage Area that presents comprehen-
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1 sive recommendations for the Heritage Area’s conserva2 tion, funding, management and development. Such plan

3 shall take into consideration existing State, county, and

4 local plans and involve residents, public agencies, and pri5 vate organizations working in the Heritage Area. It shall

6 include actions to be undertaken by units of government

7 and private organizations to protect the resources of the

8 Heritage Area. It shall specify the existing and potential

9 sources of funding to protect, manage, and develop the

10 Heritage Area. Such plan shall include specifically as ap11 propriate the following:

12 (1) An inventory of the resources contained in

13 the Heritage Area, including a list of any property

14 in the Heritage Area that is related to the themes

15 of the Heritage Area and that should be preserved,

16 restored, managed, developed, or maintained because

17 of its natural, cultural, historic, recreational, or sce18 nic significance.

19 (2) A recommendation of policies of resource

20 management which consider and detail application of

21 appropriate land and water management techniques,

22 including but not limited to, the development of

23 intergovernmental cooperative agreements to protect

24 the Heritage Area’s historical, cultural, recreational,

25 and natural resources in a manner consistent with
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1 supporting appropriate and compatible economic via2 bility.

3 (3) A program for implementation of the man4 agement plan by the management entities, including

5 plans for restoration and construction, and specific

6 commitments of the identified partners for the first

7 5 years of operation.

8 (4) An analysis of ways in which local, State,

9 and Federal programs may best be coordinated to

10 promote the purposes of this title.

11 (5) An interpretation plan for the Heritage

12 Area.

13 SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT EN14 TITIES.

15 (a) AUTHORITIES OF THE MANAGEMENT ENTI16 TIES.—The management entities may, for purposes of pre17 paring and implementing the management plan under sec18 tion 906, use Federal funds made available through this

19 title—

20 (1) to make loans and grants to, and enter into

21 cooperative agreements with, States and their politi22 cal subdivisions, private organizations, or any per23 son; and

24 (2) to hire and compensate staff.
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1 (b) DUTIES OF THE MANAGEMENT ENTITIES.—The

2 management entities shall—

3 (1) develop and submit to the Secretary for ap4 proval a management plan as described in section

5 906 within 5 years after the date of the enactment

6 of this title.

7 (2) give priority to implementing actions as set

8 forth in the compact and the management plan, in9 cluding taking steps to—

10 (A) assist units of government, regional

11 planning organizations, and nonprofit organiza12 tions in preserving the Heritage Area;

13 (B) assist units of government, regional

14 planning organizations, and nonprofit organiza15 tions in establishing, and maintaining interpre16 tive exhibits in the Heritage Area;

17 (C) assist units of government, regional

18 planning organizations, and nonprofit organiza19 tions in developing recreational resources in the

20 Heritage Area;

21 (D) assist units of government, regional

22 planning organizations, and nonprofit organiza23 tions in increasing public awareness of an ap24 preciation for the natural, historical and archi-
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1 tectural resources and sites in the Heritage

2 Area;

3 (E) assist units of government, regional

4 planning organizations and nonprofit organiza5 tions in the restoration of any historic building

6 relating to the themes of the Heritage Area;

7 (F) encourage by appropriate means eco8 nomic viability in the corridor consistent with

9 the goals of the plan;

10 (G) encourage local governments to adopt

11 land use policies consistent with the manage12 ment of the Heritage Area and the goals of the

13 plan; and

14 (H) assist units of government, regional

15 planning organizations and nonprofit organiza16 tions to ensure that clear, consistent, and envi17 ronmentally appropriate signs identifying access

18 points and sites of interest are put in place

19 throughout the Heritage Area;

20 (3) consider the interests of diverse govern21 mental, business, and nonprofit groups within the

22 Heritage Area;

23 (4) conduct public meetings at least quarterly

24 regarding the implementation of the management

25 plan;
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1 (5) submit substantial changes (including any

2 increase of more than 20 percent in the cost esti3 mates for implementation) to the management plan

4 to the Secretary for the Secretary’s approval;

5 (6) for any year in which Federal funds have

6 been received under this title, submit an annual re7 port to the Secretary setting forth its accomplish8 ments, its expenses and income, and the entities to

9 which any loans and grants were made during the

10 year for which the report is made; and

11 (7) for any year in which Federal funds have

12 been received under this title, make available for

13 audit all records pertaining to the expenditure of

14 such funds and any matching funds, and require, for

15 all agreements authorizing expenditure of Federal

16 funds by other organizations, that the receiving or17 ganizations make available for audit all records per18 taining to the expenditure of such funds.

19 If a management plan is not submitted to the Secretary

20 as required under paragraph (1) within the specified time,

21 the Heritage Area shall no longer qualify for Federal

22 funding.

23 (c) PROHIBITION ON THE ACQUISITION OF REAL

24 PROPERTY.— The management entities may not use Fed25 eral funds received under this title to acquire real property
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1 or an interest in real property. Nothing in this title shall

2 preclude any management entity from using Federal funds

3 from other sources for their permitted purposes.

4 (d) ELIGIBILITY FOR RECEIVING FINANCIAL ASSIST5 ANCE.—

6 (1) ELIGIBILITY.—The management entities

7 shall be eligible to receive funds appropriated

8 through this title for a period of 10 years after the

9 day on which the compact under section 905 is

10 signed by the Secretary and the management enti11 ties, except as provided in paragraph (2).

12 (2) EXCEPTION.—The management entities’ eli13 gibility for funding under this title may be extended

14 for a period of not more than 5 additional years if—

15 (A) the management entities determine

16 such extension is necessary in order to carry

17 out the purposes of this title and notify the Sec18 retary not later than 180 days prior to the ter19 mination date;

20 (B) the management entities, not later

21 than 180 days prior to the termination date,

22 present to the Secretary a plan of their activi23 ties for the period of the extension, including

24 provisions for becoming independent of the

25 funds made available through this title; and
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1 (C) the Secretary, with the advice of the

2 Governor of New York, approves such extension

3 of funding.

4 SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGEN5 CIES.

6 (a) DUTIES AND AUTHORITIES OF THE SEC7 RETARY.—

8 (1) TECHNICAL AND FINANCIAL ASSISTANCE.—

9 (A) IN GENERAL.—The Secretary may,

10 upon request of the management entities, pro11 vide technical and financial assistance to the

12 Heritage Area to develop and implement the

13 management plan. In assisting the Heritage

14 Area, the Secretary shall give priority to actions

15 that in general assist in—

16 (i) conserving the significant natural

17 historic, and cultural resources which sup18 port its themes; and

19 (ii) providing educational, interpretive,

20 and recreational opportunities consistent

21 with its resources and associated values.

22 (B) SPENDING FOR NON-FEDERALLY

23 OWNED PROPERTY.—The Secretary may spend

24 Federal funds directly on nonfederally owned

25 property to further the purposes of this title,
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1 especially in assisting units of government in

2 appropriate treatment of districts, sites, build3 ings, structures, and objects listed or eligible

4 for listing on the National Register of Historic

5 Places.

6 (2) APPROVAL AND DISAPPROVAL OF COMPACTS

7 AND MANAGEMENT PLANS.—

8 (A) IN GENERAL.—The Secretary, in con9 sultation with the Governor of New York, shall

10 approve or disapprove a compact or manage11 ment plan submitted under this title not later

12 than 90 days after receiving such compact or

13 management plan.

14 (B) ACTION FOLLOWING DISAPPROVAL.—

15 If the Secretary disapproves a submitted com16 pact or management plan, the Secretary shall

17 advise the management entities in writing of

18 the reasons therefor and shall make rec19 ommendations for revisions in the compact or

20 plan. The Secretary shall approve or disapprove

21 a proposed revision within 90 days after the

22 date it is submitted.

23 (3) APPROVING AMENDMENTS.—The Secretary

24 shall review substantial amendments to the manage25 ment plan for the Heritage Area. Funds appro-
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1 priated pursuant to this title may not be expended

2 to implement the changes until the Secretary ap3 proves the amendments.

4 (4) PROMULGATING REGULATIONS.—The Sec5 retary shall promulgate such regulations as are nec6 essary to carry out the purposes of this title.

7 (b) DUTIES OF FEDERAL ENTITIES.—Any Federal

8 entity conducting or supporting activities directly affecting

9 the Heritage Area, and any unit of government acting pur10 suant to a grant of Federal funds or a Federal permit

11 or agreement conducting or supporting such activities,

12 shall to the maximum extent practicable—

13 (1) consult with the Secretary and the manage14 ment entities with respect to such activities;

15 (2) cooperate with the Secretary and the man16 agement entities in carrying out their duties under

17 this title and coordinate such activities with the car18 rying out of such duties; and

19 (3) conduct or support such activities in a man20 ner consistent with the management plan unless the

21 Federal entity, after consultation with the manage22 ment entities, determines there is no practicable al23 ternative.
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1 SEC. 909. AUTHORIZATION OF APPROPRIATIONS.

2 (a) COMPACTS AND MANAGEMENT PLAN.—There is

3 authorized to be appropriated to the Secretary, for grants

4 for developing a compact under section 905 and providing

5 assistance for a management plan under section 906, not

6 more than $300,000, to remain available until expended,

7 subject to the following conditions:

8 (1) No grant for a compact or management

9 plan may exceed 75 percent of the grantee’s cost for

10 such study or plan.

11 (2) The total amount of Federal funding for the

12 compact for the Heritage Area may not exceed

13 $150,000.

14 (3) The total amount of Federal funding for a

15 management plan for the Heritage Area may not ex16 ceed $150,000.

17 (b) MANAGEMENT ENTITY OPERATIONS.—There is

18 authorized to be appropriated to the Secretary for the

19 management entities, amounts as follows:

20 (1) For the operating costs of each manage21 ment entity, pursuant to section 907, not more than

22 $250,000 annually.

23 (2) For technical assistance pursuant to section

24 908, not more than $50,000 annually.
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1 The Federal contribution to the operations of the manage2 ment entities shall not exceed 50 percent of the annual

3 operating costs of the entities.

4 (c) IMPLEMENTATION.—There is authorized to be ap5 propriated to the Secretary, for grants (and the adminis6 tration thereof) for the implementation of the manage7 ment plans for the Heritage Area pursuant to section 908,

8 not more than $10,000,000, to remain available until ex9 pended, subject to the following conditions:

10 (1) No grant for implementation may exceed 50

11 percent of the grantee’s cost of implementation.

12 (2) Any payment made shall be subject to an

13 agreement that conversion, use, or disposal of the

14 project so assisted for purposes contrary to the pur15 poses of this title, as determined by the Secretary,

16 shall result in a right of the United States of reim17 bursement of all funds made available to such

18 project or the proportion of the increased value of

19 the project attributable to such funds as determined

20 at the time of such conversion, use, or disposal,

21 whichever is greater.
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1 SEC. 910. SUNSET.

2 The Secretary may not make any grant or provide

3 any assistance under this title after September 30, 2012.

Passed the House of Representatives September 28,

1996.

Attest: ROBIN H. CARLE,

Clerk.