II 

109TH CONGRESS 

2D SESSION S. 4002 

To establish the Canyon Ferry National Recreation Area in the State of 

Montana, to establish the Canyon Ferry Recreation Management Fund, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2006 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish the Canyon Ferry National Recreation Area 

in the State of Montana, to establish the Canyon Ferry 

Recreation Management Fund, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Canyon Ferry National 

5 Recreation Area Act’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Canyon Ferry Unit Dam— 


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1 (A) was authorized by the Flood Control 

2 Act of 1944 (58 Stat. 891, chapter 665); and 

3 (B) is operated by the Bureau of Reclama4 tion; 

5 (2) the Canyon Ferry Reservoir— 

6 (A) covers approximately 33,500 acres; 

7 (B) has 96 miles of shoreline; 

8 (C) encompasses 9,360 acres of developed 

9 and undeveloped recreation land; 

10 (D) is located approximately 17 miles east 

11 of Helena, Montana; and 

12 (E) has become an important regional 

13 recreation destination; 

14 (3) the growing recreational use at the Canyon 

15 Ferry Reservoir generates revenue that is important 

16 to local economies; and 

17 (4) multiple jurisdictions currently manage that 

18 important public land. 

19 (b) PURPOSES.—The purposes of this Act are— 

20 (1) to provide high quality recreational facilities 

21 and services on the land surrounding the Canyon 

22 Ferry Reservoir; 

23 (2) to conserve the scenic, scientific, historic, 

24 and other resource values contributing to the public 

25 use and enjoyment of that land and water; 


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1 (3) to promote cooperation between the Federal 

2 Government and private entities to manage that ex3 ceptional resource; 

4 (4) to authorize the Secretary to manage cer5 tain resources; and 

6 (5) to transfer to the Secretary, without consid7 eration, administrative jurisdiction over certain Fed8 eral land for management as a unit of the National 

9 Forest System. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) COOPERATOR.—The term ‘‘cooperator’’ 

13 means any— 

14 (A) Federal agency; 

15 (B) State, local, or tribal government; 

16 (C) public or private agency; 

17 (D) nonprofit organization; 

18 (E) institution (including any educational 

19 institution); 

20 (F) small or local business; 

21 (G) corporation; 

22 (H) individual; and 

23 (I) other legal entity located within the 

24 United States. 

25 (2) DAM.—The term ‘‘Dam’’ means— 


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1 (A) the Canyon Ferry Unit Dam; and 

2 (B) any facility relating to the Canyon 

3 Ferry Unit Dam. 

4 (3) FUND.—The term ‘‘Fund’’ means the Can5 yon Ferry Management Fund established by section 

6 9(a). 

7 (4) NATIONAL FOREST SYSTEM LAND.—The 

8 term ‘‘National Forest System land’’ means land in9 cluded in the National Forest System (as defined in 

10 section 11(a) of the Forest and Rangeland Renew11 able Resources Planning Act of 1974 (16 U.S.C. 

12 1609(a))). 

13 (5) RECREATION AREA.—The term ‘‘Recreation 

14 Area’’ means the Canyon Ferry National Rec15 reational Area designated by section 4(a). 

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

17 the Secretary of Agriculture. 

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

19 of Montana. 

20 SEC. 4. ESTABLISHMENT. 

21 (a) IN GENERAL.—Certain Federal land managed by 

22 the Forest Service, as generally depicted on the map enti23 tled ‘‘Canyon Ferry National Recreation Area’’, dated 

24 June 2006, is designated as the ‘‘Canyon Ferry National 

25 Recreation Area’’. 


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1 (b) PUBLIC AVAILABILITY.—The map described in 

2 subsection (a) shall be filed and made available for public 

3 inspection— 

4 (1) in the Office of the Forest Supervisor of the 

5 Helena National Forest; and 

6 (2) on the Internet. 

7 SEC. 5. MANAGEMENT. 

8 (a) IN GENERAL.—Subject to the authority of the 

9 Secretary of the Interior under section 6, the Secretary 

10 shall manage the Recreation Area to establish and provide 

11 for— 

12 (1) public recreational opportunities in the 

13 Recreation Area (including hunting and fishing); 

14 (2) scenic, scientific, historic, and other re15 source values contributing to the public use and en16 joyment of the Recreation Area; and 

17 (3) other uses in the Recreation Area. 

18 (b) APPLICABLE LAW.—Subject to valid existing 

19 rights, the Secretary shall administer the Recreation Area 

20 in accordance with laws (including regulations) applicable 

21 to units of the National Forest System. 

22 (c) WATERS.— 

23 (1) EFFECT.—Nothing in this Act affects the 

24 jurisdiction of the Commissioner of Reclamation to 

25 manage and regulate water levels that are— 


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1 (A) located on the Missouri River; and 

2 (B) subject to flowage easements. 

3 (2) LIMITATION OF MANAGEMENT AUTHOR4 ITY.—The Secretary shall manage all Forest System 

5 land in the Recreation Area, as depicted on the map 

6 described in section 4(a). 

7 (d) CAMPGROUNDS AND AIRPORTS.— 

8 (1) AUTHORITY OF SECRETARY.—In accordance 

9 with section 1005 of the Omnibus Consolidated and 

10 Emergency Supplemental Appropriations Act, 1999 

11 (Public Law 105–277; 112 Stat. 2681–715), the 

12 Secretary of the Interior shall manage— 

13 (A) Indian Road Campground; 

14 (B) Cottonwood Campground; and 

15 (C) the Canyon Ferry Airport. 

16 (2) EXISTING AGREEMENTS.—To benefit the 

17 interests of the public, the Secretary shall act in ac18 cordance with any agreement in existence on the 

19 date of enactment of this Act with any organization 

20 for the management of— 

21 (A) campgrounds located in the Recreation 

22 Area; and 

23 (B) marinas located in the Recreation 

24 Area. 


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1 (e) LAND ACQUISITION.—The Secretary may acquire 

2 land and interests in land by purchase, exchange, dona3 tion, or otherwise, with donated or appropriated funds. 

4 (f) BOUNDARIES.—For purposes of section 7 of the 

5 Land and Water Conservation Fund Act of 1965 (16 

6 U.S.C. 460l–9), the boundary of the Recreation Area shall 

7 be considered to be a National Forest boundary that ex8 isted as of January 1, 1965. 

9 (g) COMPREHENSIVE MANAGEMENT PLAN.— 

10 (1) APPLICABLE LAW.—The Secretary shall de11 velop a management plan for the Recreation Area 

12 under paragraph (1) in accordance with the Forest 

13 and Rangeland Renewable Resources Planning Act 

14 of 1974 (16 U.S.C. 1600 et seq.). 

15 (2) DEVELOPMENT OF PLAN.—The Secretary 

16 may develop a management plan under paragraph 

17 (1)— 

18 (A) as a separate document; or 

19 (B) in conjunction with the next regular 

20 update of the management plan for the Helena 

21 National Forest. 

22 (3) APPLICABILITY.—Nothing in this Act re23 quires an immediate revision or amendment to any 

24 plan for any unit of the National Forest System. 


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1 (4) USE OF PLANNING DOCUMENTS.—Until the 

2 date on which the Secretary develops a management 

3 plan under paragraph (1), the Secretary may use 

4 planning documents prepared by the Department of 

5 the Interior without further administrative action. 

6 (h) WITHDRAWAL.—Subject to valid existing rights, 

7 all Federal land located within the Recreation Area is 

8 withdrawn from— 

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

10 under the public land laws; 

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

12 laws; and 

13 (3) disposition under all laws relating to min14 eral and geothermal leasing. 

15 SEC. 6. AUTHORITY OF SECRETARY OF THE INTERIOR. 

16 (a) HYDROPOWER FACILITIES.—The Commissioner 

17 of Reclamation shall continue to administer and operate— 

18 (1) the Dam; 

19 (2) any power facility relating to the Dam; and 

20 (3) any land or facility depicted on the map de21 scribed in section 4(a). 

22 (b) RESIDENTIAL AREAS.—Nothing in this Act af23 fects the authority of the Secretary of Interior to carry 

24 out title X of the Omnibus Consolidated and Emergency 

25 Supplemental Appropriations Act, 1999 (Public Law 105– 


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1 277; 112 Stat. 2681–710) as depicted on the map de2 scribed in section 4(a). 

3 SEC. 7. EXISTING AUTHORIZATIONS. 

4 (a) IN GENERAL.—Except as provided in subsections 

5 (b) and (c), nothing in this Act affects any authorization 

6 in effect as of the date of enactment of this Act made 

7 by any department or agency of the Federal Government 

8 for the use of land or water located within the Recreation 

9 Area (referred to in this section as an ‘‘existing authoriza10 tion’’). 

11 (b) ASSUMPTION OF EXISTING AUTHORIZATION.— 

12 Not later than 1 year after the date of enactment of this 

13 Act, the Secretary shall— 

14 (1) assume the administration of any existing 

15 authorization; and 

16 (2) manage the existing authorization in ac17 cordance with the terms of that existing authoriza18 tion. 

19 (c) RENEWAL OF EXISTING AUTHORIZATION.—The 

20 renewal of any existing authorization shall be made in ac21 cordance with such terms and conditions as the Secretary 

22 may prescribe. 

23 SEC. 8. COOPERATIVE AGREEMENTS. 

24 (a) IN GENERAL.—Notwithstanding chapter 63 of 

25 title 31, United States Code, the Secretary may enter into 


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1 cooperative agreements (including agreements providing 

2 for the sharing of costs of activities or services otherwise 

3 authorized by law) with 1 or more cooperators for— 

4 (1) the construction, maintenance, improve5 ment, or operation of any facility not under the ju6 risdiction of the Administrator of General Services 

7 that is located on or in the vicinity of— 

8 (A) land managed by the Forest Service; 

9 (B) land administered by any other public 

10 entity; or 

11 (C) private land; 

12 (2) the development, production, publishing, 

13 distribution, or sale of educational and interpretive 

14 materials and products; 

15 (3) the sale, on or in the vicinity of land man16 aged by the Forest Service, of— 

17 (A) health and safety convenience prod18 ucts; 

19 (B) photography supplies; or 

20 (C) other related items (as determined by 

21 the Secretary); 

22 (4) the collection, on behalf of the cooperators 

23 that are parties to the cooperative agreement, of 

24 funds from the sale of— 

25 (A) materials; 


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1 (B) products; and 

2 (C) services; 

3 (5) the restoration and maintenance of the eco4 logical integrity of National Forest System land; and 

5 (6) the operation and maintenance of any recre6 ation facility located on National Forest System 

7 land. 

8 (b) TERMS AND CONDITIONS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), a 

10 cooperative agreement entered into under subsection 

11 (a)— 

12 (A) shall, at a minimum, require terms 

13 and conditions that protect public investments, 

14 including terms and conditions that— 

15 (i) relate to the ownership and oper16 ation of any facility or improvement cov17 ered by the cooperative agreement; and 

18 (ii) are mutually agreed to by the Sec19 retary and the cooperators that are parties 

20 to the cooperative agreement; and 

21 (B) may provide terms and conditions that 

22 describe the manner by which costs shall be 

23 shared between the Secretary and the coopera24 tors that are parties to the cooperative agree25 ment, including— 


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1 (i) the acceptance of any in-kind con2 tribution; and 

3 (ii) the contribution of any volunteer 

4 service. 

5 (2) EXCEPTION.—The Secretary shall not enter 

6 into a cooperative agreement under subsection (a) if 

7 the purposes described in subsection (a) may be sat8 isfied by— 

9 (A) entering into a procurement contract 

10 or providing a grant under chapter 63 of title 

11 31, United States Code; or 

12 (B) providing a special use authorization. 

13 (c) TREATMENT OF CONTRIBUTION OF VOLUN14 TEERS.—The value of services performed by persons who 

15 volunteer services to the Forest Service and who are re16 cruited, trained, and supported by a cooperator that is a 

17 party to a cooperative agreement under subsection (a) may 

18 be considered to be an in-kind contribution of the coop19 erator for the purposes of cost sharing under subsection 

20 (a). 

21 (d) FUNDS COLLECTED BY COOPERATORS.— 

22 (1) IN GENERAL.—Funds collected under an 

23 agreement under subsection (a) from the sale of ma24 terials, products, or programs on behalf of a coopVerDate Aug 31 2005 23:47 Oct 04, 2006 Jkt 059196 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4002.IS S4002

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1 erator shall not be considered to be the property of 

2 the United States. 

3 (2) FORWARDING OF FUNDS.—The Secretary 

4 shall forward to the appropriate cooperator any 

5 funds described in paragraph (1). 

6 (e) ADVANCEMENT OR REIMBURSEMENT OF

7 FUNDS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 and in accordance with a cooperative agreement en10 tered into under subsection (a), the Secretary may— 

11 (A) advance or reimburse funds to an ap12 propriate cooperator from any appropriation of 

13 the Forest Service that is available for similar 

14 work; and 

15 (B) furnish to the cooperator any supplies, 

16 facilities, or equipment. 

17 (2) CONDITIONS FOR ADVANCEMENT.—The 

18 Secretary may advance funds to a cooperator under 

19 paragraph (1)(A) if— 

20 (A) the advancement represents the share 

21 of the Secretary of any costs, activities, or serv22 ices under a cooperative agreement entered into 

23 under subsection (a); and 


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1 (B) the cooperator is not obligated to reim2 burse the Secretary for those costs, activities, 

3 or services. 

4 SEC. 9. MISCELLANEOUS PROVISIONS. 

5 (a) DONATIONS.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary may accept donations 

8 of funds, property, or services from any— 

9 (A) individual; 

10 (B) foundation; 

11 (C) corporation; or 

12 (D) public entity. 

13 (2) AUTHORIZED USES.—The Secretary shall 

14 use donations of funds, property, or services accept15 ed under paragraph (1) for— 

16 (A) capital improvements in the Recreation 

17 Area; 

18 (B) facility enhancements and repair of the 

19 Recreation Area; 

20 (C) operation and maintenance of the 

21 Recreation Area; 

22 (D) the provision of— 

23 (i) visitor access to the Recreation 

24 Area; 


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1 (ii) visitor services and information re2 lating to the Recreation Area; and 

3 (iii) interpretation of and education 

4 relating to the Recreation Area; 

5 (E) maintenance of trails in proximity to 

6 the Recreation Area; 

7 (F) ensuring the health and safety needs 

8 of visitors of the Recreation Area; 

9 (G) habitat restoration relating to wildlife10 dependent recreation, including— 

11 (i) hunting; 

12 (ii) fishing; 

13 (iii) wildlife observation; and 

14 (iv) photography; and 

15 (H) law enforcement relating to public use 

16 of the Recreation Area. 

17 (b) COOPERATING ASSOCIATIONS.—To provide serv18 ices and facilities consistent with this Act, the Secretary 

19 may enter into grants, contracts, and cooperative agree20 ments with— 

21 (1) the Canyon Ferry Foundation; 

22 (2) the Helena Forest Foundation; and 

23 (3) any other organization. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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