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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 620 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      December 7, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
620) entitled ``An Act to authorize the Secretary of the Interior to 
provide supplemental funding and other services that are necessary to 
assist the State of California or local educational agencies in 
California in providing educational services for students attending 
schools located within the Park. '', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

          TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS.

 SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.

    (a) In General.--(1) For fiscal years 2005 through 2008, the 
Secretary of the Interior may provide funds to the Bass Lake Joint 
Union Elementary School District and the Mariposa Unified School 
District in the State of California for educational services to 
students--
            (A) who are dependents of persons engaged in the 
        administration, operation, and maintenance of Yosemite National 
        Park; or
            (B) who live within or near the park upon real property 
        owned by the United States.
    (2) The Secretary's authority to make payments under this section 
shall terminate if the State of California or local education agencies 
do not continue to provide funding to the schools referred to in 
subsection (a) at per student levels that are no less than the amount 
provided in fiscal year 2004.
    (b) Limitation on Use of Funds.--Payments made under this section 
shall only be used to pay public employees for educational services 
provided in accordance with subsection (a). Payments may not be used 
for construction, construction contracts, or major capital 
improvements.
    (c) Limitation on Amount of Funds.--Payments made under this 
section shall not exceed the lesser of--
            (1) $400,000 in any fiscal year; or
            (2) the amount necessary to provide students described in 
        subsection (a) with educational services that are normally 
        provided and generally available to students who attend public 
        schools elsewhere in the State of California.
    (d) Source of Payments.--(1) Except as otherwise provided in this 
subsection, the Secretary may use funds available to the National Park 
Service from appropriations, donations, or fees.
    (2) Funds from the following sources shall not be used to make 
payments under this section:
            (A) Any law authorizing the collection or expenditure of 
        entrance or use fees at units of the National Park System, 
        including the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-4 et seq.); the recreational fee demonstration 
        program established under section 315 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1996 (16 
        U.S.C. 460l-6a note); and the National Park Passport Program 
        established under section 602 of the National Parks Omnibus 
        Management Act of 1998 (16 U.S.C. 5992).
            (B) Emergency appropriations for flood recovery at Yosemite 
        National Park.
    (3)(A) The Secretary may use an authorized funding source to make 
payments under this section only if the funding available to Yosemite 
National Park from such source (after subtracting any payments to the 
school districts authorized under this section) is greater than or 
equal to the amount made available to the park for the prior fiscal 
year, or in fiscal year 2004, whichever is greater.
    (B) It is the sense of Congress that any payments made under this 
section should not result in a reduction of funds to Yosemite National 
Park from any specific funding source, and that with respect to 
appropriated funds, funding levels should reflect annual increases in 
the park's operating base funds that are generally made to units of the 
National Park System.

SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE 
              BOUNDARIES OF YOSEMITE NATIONAL PARK.

    (a) Funding Authority for Transportation Systems and External 
Facilities.--Section 814(c) of the Omnibus Parks and Public Lands 
Management Act of 1996 (16 U.S.C. 346e) is amended--
            (1) in the heading by inserting ``and Yosemite National 
        Park'' after ``Zion National Park'';
            (2) in the first sentence--
                    (A) by inserting ``and Yosemite National Park'' 
                after ``Zion National Park''; and
                    (B) by inserting ``for transportation systems or'' 
                after ``appropriated funds''; and
            (3) in the second sentence by striking ``facilities'' and 
        inserting ``systems or facilities''.
    (b) Clarifying Amendment for Transportation Fee Authority.--Section 
501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 
5981) is amended in the first sentence by striking ``service contract'' 
and inserting ``service contract, cooperative agreement, or other 
contractual arrangement''.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

SEC. 201. SHORT TITLE.

     This title may be cited as the ``Rancho Corral de Tierra Golden 
Gate National Recreation Area Boundary Adjustment Act''.

SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

    (a) Boundary Adjustment.--Section 2(a) of Public Law 92-589 (16 
U.S.C. 460bb-1(a)) is amended--
            (1) by striking ``The recreation area shall comprise'' and 
        inserting the following:
            ``(1) Initial lands.--The recreation area shall comprise''; 
        and
            (2) by striking ``The following additional lands are also'' 
        and all that follows through the period at the end of the 
        subsection and inserting the following new paragraphs:
            ``(2) Additional lands.--In addition to the lands described 
        in paragraph (1), the recreation area shall include the 
        following:
                    ``(A) The parcels numbered by the Assessor of Marin 
                County, California, 119-040-04, 119-040-05, 119-040-18, 
                166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-
                010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 
                119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-
                010-13, and 119-235-10.
                    ``(B) Lands and waters in San Mateo County 
                generally depicted on the map entitled `Sweeney Ridge 
                Addition, Golden Gate National Recreation Area', 
                numbered NRA GG-80,000-A, and dated May 1980.
                    ``(C) Lands acquired under the Golden Gate National 
                Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 
                note; Public Law 102-299).
                    ``(D) Lands generally depicted on the map entitled 
                `Additions to Golden Gate National Recreation Area', 
                numbered NPS-80-076, and dated July 2000/PWR-PLRPC.
                    ``(E) Lands generally depicted on the map entitled 
                `Rancho Corral de Tierra Additions to the Golden Gate 
                National Recreation Area', numbered NPS-80,079E, and 
                dated March 2004.
            ``(3) Acquisition limitation.--The Secretary may acquire 
        land described in paragraph (2)(E) only from a willing 
        seller.''.
    (b) Advisory Commission.--Section 5 of Public Law 92-589 (16 U.S.C. 
460bb-4) is amended--
            (1) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) Membership.--The Commission shall be composed of 18 members 
appointed by the Secretary for terms of five years each. In appointing 
such members, the Secretary shall ensure that the interests of local, 
historic recreational users of the recreation area are represented.''; 
and
            (2) in subsection (g), by striking ``cease to exist thirty 
        years after the enactment of this Act'' and inserting 
        ``terminate on December 31, 2014''.

SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY COMMISSION.

    Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) is 
amended by striking ``10 years after the date of enactment of this 
title'' and inserting ``on December 31, 2013''.

                      TITLE III--OJITO WILDERNESS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Ojito Wilderness Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of New 
        Mexico.
            (4) Map.--The term ``map'' means the map entitled ``Ojito 
        Wilderness Act'' and dated October 1, 2004.
            (5) Wilderness.--The term ``Wilderness'' means the Ojito 
        Wilderness designated under section 303(a).

SEC. 303. DESIGNATION OF THE OJITO WILDERNESS.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, 
and, therefore, as a component of the National Wilderness Preservation 
System, certain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which comprise approximately 11,183 acres, as 
generally depicted on the map, and which shall be known as the ``Ojito 
Wilderness''.
    (b) Map and Legal Description.--The map and a legal description of 
the Wilderness shall--
            (1) be filed by the Secretary with the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives as soon as 
        practicable after the date of the enactment of this Act;
            (2) have the same force and effect as if included in this 
        title, except that the Secretary may correct clerical and 
        typographical errors in the legal description and map; and
            (3) be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
    (c) Management of Wilderness.--Subject to valid existing rights, 
the Wilderness shall be managed by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that, 
with respect to the Wilderness, any reference in the Wilderness Act to 
the effective date of the Wilderness Act shall be deemed to be a 
reference to the date of the enactment of this Act.
    (d) Management of Newly Acquired Land.--If acquired by the United 
States, the following land shall become part of the Wilderness and 
shall be managed in accordance with this title and other laws 
applicable to the Wilderness:
            (1) Section 12 of township 15 north, range 01 west, New 
        Mexico Principal Meridian.
            (2) Any land within the boundaries of the Wilderness.
    (e) Management of Lands to Be Added.--The lands generally depicted 
on the map as ``Lands to be Added'' shall become part of the Wilderness 
if the United States acquires, or alternative adequate access is 
available to, section 12 of township 15 north, range 01 west.
    (f) Release.--The Congress hereby finds and directs that the lands 
generally depicted on the map as ``Lands to be Released'' have been 
adequately studied for wilderness designation pursuant to section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) 
and no longer are subject to the requirement of section 603(c) of such 
Act (43 U.S.C. 1782(c)) pertaining to the management of wilderness 
study areas in a manner that does not impair the suitability of such 
areas for preservation as wilderness.
    (g) Grazing.--Grazing of livestock in the Wilderness, where 
established before the date of the enactment of this Act, shall be 
administered in accordance with the provisions of section 4(d)(4) of 
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth 
in Appendix A of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. 
Rept. 101-405).
    (h) Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be 
construed as affecting the jurisdiction or responsibilities of the 
State with respect to fish and wildlife in the State.
    (i) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the land designated as Wilderness by this title 
                is arid in nature and is generally not suitable for use 
                or development of new water resource facilities; and
                    (B) because of the unique nature and hydrology of 
                the desert land designated as wilderness by this title, 
                it is possible to provide for proper management and 
                protection of the wilderness and other values of lands 
                in ways different from those used in other legislation.
            (2) Statutory construction.--Nothing in this title--
                    (A) shall constitute or be construed to constitute 
                either an express or implied reservation by the United 
                States of any water or water rights with respect to the 
                land designated as wilderness by this title;
                    (B) shall affect any water rights in the State 
                existing on the date of the enactment of this Act, 
                including any water rights held by the United States;
                    (C) shall be construed as establishing a precedent 
                with regard to any future wilderness designations;
                    (D) shall affect the interpretation of, or any 
                designation made pursuant to, any other Act; or
                    (E) shall be construed as limiting, altering, 
                modifying, or amending any of the interstate compacts 
                or equitable apportionment decrees that apportion water 
                among and between the State and other States.
            (3) New mexico water law.--The Secretary shall follow the 
        procedural and substantive requirements of the law of the State 
        in order to obtain and hold any water rights not in existence 
        on the date of enactment of this Act with respect to the 
        wilderness areas designated by this title.
            (4) New projects.--
                    (A) Water resource facility.--As used in this 
                subsection, the term ``water resource facility''--
                            (i) means irrigation and pumping 
                        facilities, reservoirs, water conservation 
                        works, aqueducts, canals, ditches, pipelines, 
                        wells, hydropower projects, and transmission 
                        and other ancillary facilities, and other water 
                        diversion, storage, and carriage structures; 
                        and
                            (ii) does not include wildlife guzzlers.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this Act, on and after 
                the date of the enactment of this Act, neither the 
                President nor any other officer, employee, or agent of 
                the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new water resource facility within the wilderness area 
                designated by this title.
    (j) Withdrawal.--Subject to valid existing rights, the Wilderness, 
the lands to be added under subsection (e), and lands identified on the 
map as the ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' 
are withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (k) Exchange.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall seek to complete an exchange 
for State land within the boundaries of the Wilderness.

SEC. 304. LAND HELD IN TRUST.

    (a) In General.--Subject to valid existing rights and the 
conditions under subsection (d), all right, title, and interest of the 
United States in and to the lands (including improvements, 
appurtenances, and mineral rights to the lands) generally depicted on 
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' 
shall, on receipt of consideration under subsection (c) and adoption 
and approval of regulations under subsection (d), be declared by the 
Secretary to be held in trust by the United States for the Pueblo and 
shall be part of the Pueblo's Reservation.
    (b) Description of Lands.--The boundary of the lands authorized by 
this section for acquisition by the Pueblo where generally depicted on 
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road 
shall be 100 feet from the center line of the road.
    (c) Consideration.--
            (1) In general.--In consideration for the conveyance 
        authorized under subsection (a), the Pueblo shall pay to the 
        Secretary the amount that is equal to the fair market value of 
        the land conveyed, as subject to the terms and conditions in 
        subsection (d), as determined by an independent appraisal.
            (2) Appraisal.--To determine the fair market value, the 
        Secretary shall conduct an appraisal paid for by the Pueblo 
        that is performed in accordance with the Uniform Appraisal 
        Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice.
            (3) Availability.--Any amounts paid under paragraph (1) 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the acquisition from 
        willing sellers of land or interests in land in the State.
    (d) Public Access.--
            (1) In general.--Subject to paragraph (2), the declaration 
        of trust and conveyance under subsection (a) shall be subject 
        to the continuing right of the public to access the land for 
        recreational, scenic, scientific, educational, paleontological, 
        and conservation uses, subject to any regulations for land 
        management and the preservation, protection, and enjoyment of 
        the natural characteristics of the land that are adopted by the 
        Pueblo and approved by the Secretary; Provided that the 
        Secretary shall ensure that the rights provided for in this 
        paragraph are protected and that a process for resolving any 
        complaints by an aggrieved party is established.
            (2) Conditions.--Except as provided in subsection (f)--
                    (A) In general.--The land conveyed under subsection 
                (a) shall be maintained as open space, and the natural 
                characteristics of the land shall be preserved in 
                perpetuity.
                    (B) Prohibited uses.--The use of motorized vehicles 
                (except on existing roads or as is necessary for the 
                maintenance and repair of facilities used in connection 
                with grazing operations), mineral extraction, housing, 
                gaming, and other commercial enterprises shall be 
                prohibited within the boundaries of the land conveyed 
                under subsection (a).
    (e) Rights of Way.--
            (1) Existing rights of way.--Nothing in this section shall 
        affect--
                    (A) any validly issued right-of-way, or the renewal 
                thereof; or
                    (B) the access for customary construction, 
                operation, maintenance, repair, and replacement 
                activities in any right-of-way issued, granted, or 
                permitted by the Secretary.
            (2) New rights of way and renewals.--
                    (A) In general.--The Pueblo shall grant any 
                reasonable requests for rights-of-way for utilities and 
                pipelines over land acquired under subsection (a) that 
                is designated as the Rights-of-Way corridor #1 as 
                established in the Rio Puerco Resource Management Plan 
                in effect on the date of the grant.
                    (B) Administration.--Any right-of-way issued or 
                renewed after the date of the enactment of this Act 
                over land authorized to be conveyed by this section 
                shall be administered in accordance with the rules, 
                regulations, and fee payment schedules of the 
                Department of the Interior, including the Rio Puerco 
                Resources Management Plan in effect on the date of 
                issuance or renewal of the right-of-way.
    (f) Judicial Relief.--
            (1) In general.--To enforce subsection (d), any person may 
        bring a civil action in the United States District Court for 
        the District of New Mexico seeking declaratory or injunctive 
        relief.
            (2) Sovereign immunity.--The Pueblo shall not assert 
        sovereign immunity as a defense or bar to a civil action 
        brought under paragraph (1).
            (3) Effect.--Nothing in this section--
                    (A) authorizes a civil action against the Pueblo 
                for money damages, costs, or attorneys fees; or
                    (B) except as provided in paragraph (2), abrogates 
                the sovereign immunity of the Pueblo.

          TITLE IV--WIND CAVE NATIONAL PARK BOUNDARY REVISION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Wind Cave National Park Boundary 
Revision Act of 2004''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Map.--The term ``map'' means the map entitled ``Wind 
        Cave National Park Boundary Revision'', numbered 108/80,030, 
        and dated June 2002.
            (2) Park.--The term ``Park'' means the Wind Cave National 
        Park in the State.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of South 
        Dakota.

SEC. 403. LAND ACQUISITION.

    (a) Authority.--
            (1) In general.--The Secretary may acquire the land or 
        interest in land described in subsection (b)(1) for addition to 
        the Park.
            (2) Means.--An acquisition of land under paragraph (1) may 
        be made by donation, purchase from a willing seller with 
        donated or appropriated funds, or exchange.
    (b) Boundary.--
            (1) Map and acreage.--The land referred to in subsection 
        (a)(1) shall consist of approximately 5,675 acres, as generally 
        depicted on the map.
            (2) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
            (3) Revision.--The boundary of the Park shall be adjusted 
        to reflect the acquisition of land under subsection (a)(1).

SEC. 404. ADMINISTRATION.

    (a) In General.--The Secretary shall administer any land acquired 
under section 403(a)(1) as part of the Park in accordance with laws 
(including regulations) applicable to the Park.
    (b) Transfer of Administrative Jurisdiction.--
            (1) In general.--The Secretary shall transfer from the 
        Director of the Bureau of Land Management to the Director of 
        the National Park Service administrative jurisdiction over the 
        land described in paragraph (2).
            (2) Map and acreage.--The land referred to in paragraph (1) 
        consists of the approximately 80 acres of land identified on 
        the map as ``Bureau of Land Management land''.

SEC. 405. GRAZING.

    (a) Grazing Permitted.--Subject to any permits or leases in 
existence as of the date of acquisition, the Secretary may permit the 
continuation of livestock grazing on land acquired under section 
403(a)(1).
    (b) Limitation.--Grazing under subsection (a) shall be at not more 
than the level existing on the date on which the land is acquired under 
section 403(a)(1).
    (c) Purchase of Permit or Lease.--The Secretary may purchase the 
outstanding portion of a grazing permit or lease on any land acquired 
under section 403(a)(1).
    (d) Termination of Leases or Permits.--The Secretary may accept the 
voluntary termination of a permit or lease for grazing on any acquired 
land.

       TITLE V--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Blunt Reservoir and Pierre Canal 
Land Conveyance Act of 2004''.

SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL.

    (a) Definitions.--In this section:
            (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
        feature'' means the Blunt Reservoir feature of the Oahe Unit, 
        James Division, authorized by the Act of August 3, 1968 (82 
        Stat. 624), as part of the Pick-Sloan Missouri River Basin 
        program.
            (2) Commission.--The term ``Commission'' means the 
        Commission of Schools and Public Lands of the State.
            (3) Nonpreferential lease parcel.--The term 
        ``nonpreferential lease parcel'' means a parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) was considered to be a nonpreferential lease 
                parcel by the Secretary as of January 1, 2001, and is 
                reflected as such on the roster of leases of the Bureau 
                of Reclamation for 2001.
            (4) Pierre canal feature.--The term ``Pierre Canal 
        feature'' means the Pierre Canal feature of the Oahe Unit, 
        James Division, authorized by the Act of August 3, 1968 (82 
        Stat. 624), as part of the Pick-Sloan Missouri River Basin 
        program.
            (5) Preferential leaseholder.--The term ``preferential 
        leaseholder'' means a person or descendant of a person that 
        held a lease on a preferential lease parcel as of January 1, 
        2001, and is reflected as such on the roster of leases of the 
        Bureau of Reclamation for 2001.
            (6) Preferential lease parcel.--The term ``preferential 
        lease parcel'' means a parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) was considered to be a preferential lease 
                parcel by the Secretary as of January 1, 2001, and is 
                reflected as such on the roster of leases of the Bureau 
                of Reclamation for 2001.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (8) State.--The term ``State'' means the State of South 
        Dakota, including a successor in interest of the State.
            (9) Unleased parcel.--The term ``unleased parcel'' means a 
        parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) is not under lease as of the date of enactment 
                of this Act.
    (b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
    (c) Acceptance of Land and Obligations.--
            (1) In general.--As a condition of each conveyance under 
        subsections (d)(5) and (e), respectively, the State shall agree 
        to accept--
                    (A) in ``as is'' condition, the portions of the 
                Blunt Reservoir Feature and the Pierre Canal Feature 
                that pass into State ownership;
                    (B) any liability accruing after the date of 
                conveyance as a result of the ownership, operation, or 
                maintenance of the features referred to in subparagraph 
                (A), including liability associated with certain 
                outstanding obligations associated with expired 
                easements, or any other right granted in, on, over, or 
                across either feature; and
                    (C) the responsibility that the Commission will act 
                as the agent for the Secretary in administering the 
                purchase option extended to preferential leaseholders 
                under subsection (d).
            (2) Responsibilities of the state.--An outstanding 
        obligation described in paragraph (1)(B) shall inure to the 
        benefit of, and be binding upon, the State.
            (3) Oil, gas, mineral and other outstanding rights.--A 
        conveyance to the State under subsection (d)(5) or (e) or a 
        sale to a preferential leaseholder under subsection (d) shall 
        be made subject to--
                    (A) oil, gas, and other mineral rights reserved of 
                record, as of the date of enactment of this Act, by or 
                in favor of a third party; and
                    (B) any permit, license, lease, right-of-use, or 
                right-of-way of record in, on, over, or across a 
                feature referred to in paragraph (1)(A) that is 
                outstanding as to a third party as of the date of 
                enactment of this Act.
            (4) Additional conditions of conveyance to state.--A 
        conveyance to the State under subsection (d)(5) or (e) shall be 
        subject to the reservations by the United States and the 
        conditions specified in section 1 of the Act of May 19, 1948 
        (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
        the transfer of property to State agencies for wildlife 
        conservation purposes.
    (d) Purchase Option.--
            (1) In general.--A preferential leaseholder shall have an 
        option to purchase from the Commission, acting as an agent for 
        the Secretary, the preferential lease parcel that is the 
        subject of the lease.
            (2) Terms.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a preferential leaseholder may elect to purchase a 
                parcel on one of the following terms:
                            (i) Cash purchase for the amount that is 
                        equal to--
                                    (I) the value of the parcel 
                                determined under paragraph (4); minus
                                    (II) ten percent of that value.
                            (ii) Installment purchase, with 10 percent 
                        of the value of the parcel determined under 
                        paragraph (4) to be paid on the date of 
                        purchase and the remainder to be paid over not 
                        more than 30 years at 3 percent annual 
                        interest.
                    (B) Value under $10,000.--If the value of the 
                parcel is under $10,000, the purchase shall be made on 
                a cash basis in accordance with subparagraph (A)(i).
            (3) Option exercise period.--
                    (A) In general.--A preferential leaseholder shall 
                have until the date that is 5 years after enactment of 
                this Act to exercise the option under paragraph (1).
                    (B) Continuation of leases.--Until the date 
                specified in subparagraph (A), a preferential 
                leaseholder shall be entitled to continue to lease from 
                the Secretary the parcel leased by the preferential 
                leaseholder under the same terms and conditions as 
                under the lease, as in effect as of the date of 
                enactment of this Act.
            (4) Valuation.--
                    (A) In general.--The value of a preferential lease 
                parcel shall be its fair market value for agricultural 
                purposes determined by an independent appraisal, 
                exclusive of the value of private improvements made by 
                the leaseholders while the land was federally owned 
                before the date of the enactment of this Act, in 
                conformance with the Uniform Appraisal Standards for 
                Federal Land Acquisition.
                    (B) Fair market value.--Any dispute over the fair 
                market value of a property under subparagraph (A) shall 
                be resolved in accordance with section 2201.4 of title 
                43, Code of Federal Regulations.
            (5) Conveyance to the state.--
                    (A) In general.--If a preferential leaseholder 
                fails to purchase a parcel within the period specified 
                in paragraph (3)(A), the Secretary shall convey the 
                parcel to the State of South Dakota Department of Game, 
                Fish, and Parks.
                    (B) Wildlife habitat mitigation.--Land conveyed 
                under subparagraph (A) shall be used by the South 
                Dakota Department of Game, Fish, and Parks for the 
                purpose of mitigating the wildlife habitat that was 
                lost as a result of the development of the Pick-Sloan 
                project.
            (6) Use of proceeds.--Proceeds of sales of land under this 
        title shall be deposited as miscellaneous funds in the Treasury 
        and such funds shall be made available, subject to 
        appropriations, to the State for the establishment of a trust 
        fund to pay the county taxes on the lands received by the State 
        Department of Game, Fish, and Parks under the bill.
    (e) Conveyance of Nonpreferential Lease Parcels and Unleased 
Parcels.--
            (1) Conveyance by secretary to state.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                convey to the South Dakota Department of Game, Fish, 
                and Parks the nonpreferential lease parcels and 
                unleased parcels of the Blunt Reservoir and Pierre 
                Canal.
                    (B) Wildlife habitat mitigation.--Land conveyed 
                under subparagraph (A) shall be used by the South 
                Dakota Department of Game, Fish, and Parks for the 
                purpose of mitigating the wildlife habitat that was 
                lost as a result of the development of the Pick-Sloan 
                project.
            (2) Land exchanges for nonpreferential lease parcels and 
        unleased parcels.--
                    (A) In general.--With the concurrence of the South 
                Dakota Department of Game, Fish, and Parks, the South 
                Dakota Commission of Schools and Public Lands may allow 
                a person to exchange land that the person owns 
                elsewhere in the State for a nonpreferential lease 
                parcel or unleased parcel at Blunt Reservoir or Pierre 
                Canal, as the case may be.
                    (B) Priority.--The right to exchange 
                nonpreferential lease parcels or unleased parcels shall 
                be granted in the following order or priority:
                            (i) Exchanges with current lessees for 
                        nonpreferential lease parcels.
                            (ii) Exchanges with adjoining and adjacent 
                        landowners for unleased parcels and 
                        nonpreferential lease parcels not exchanged by 
                        current lessees.
                    (C) Easement for water conveyance structure.--As a 
                condition of the exchange of land of the Pierre Canal 
                Feature under this paragraph, the United States 
                reserves a perpetual easement to the land to allow for 
                the right to design, construct, operate, maintain, 
                repair, and replace a pipeline or other water 
                conveyance structure over, under, across, or through 
                the Pierre Canal feature.
    (f) Release From Liability.--
            (1) In general.--Effective on the date of conveyance of any 
        parcel under this title, the United States shall not be held 
        liable by any court for damages of any kind arising out of any 
        act, omission, or occurrence relating to the parcel, except for 
        damages for acts of negligence committed by the United States 
        or by an employee, agent, or contractor of the United States, 
        before the date of conveyance.
            (2) No additional liability.--Nothing in this section adds 
        to any liability that the United States may have under chapter 
        171 of title 28, United States Code (commonly known as the 
        ``Federal Tort Claims Act'').
    (g) Requirements Concerning Conveyance of Lease Parcels.--
            (1) Interim requirements.--During the period beginning on 
        the date of enactment of this Act and ending on the date of 
        conveyance of the parcel, the Secretary shall continue to lease 
        each preferential lease parcel or nonpreferential lease parcel 
        to be conveyed under this section under the terms and 
        conditions applicable to the parcel on the date of enactment of 
        this Act.
            (2) Provision of parcel descriptions.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall provide the State a full legal description of all 
        preferential lease parcels and nonpreferential lease parcels 
        that may be conveyed under this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this title $750,000 to reimburse the 
Secretary for expenses incurred in implementing this title, and such 
sums as are necessary to reimburse the Commission for expenses incurred 
implementing this title, not to exceed 10 percent of the cost of each 
transaction conducted under this title.

            TITLE VI--HOLLOMAN AIR FORCE BASE LAND EXCHANGE

SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN VICINITY OF 
              HOLLOMAN AIR FORCE BASE, NEW MEXICO.

    (a) Conveyance of Public Land.--In exchange for the land described 
in subsection (b), the Secretary of the Interior shall convey to 
Randal, Jeffrey, and Timothy Rabon of Otero County, New Mexico (in this 
section referred to as the ``Rabons''), all right, title, and interest 
of the United States in and to certain public land administered by the 
Secretary through the Bureau of Land Management consisting of a total 
of approximately 320 acres, as depicted on the map entitled 
``Alamogordo Rabon Land Exchange'' and dated September 24, 2004, and 
more specifically described as follows:
            (1) SE1/4 of section 6, township 17 south, range 10 east, 
        New Mexico principal meridian.
            (2) N1/2N1/2 of section 7, township 17 south, range 10 
        east, New Mexico principal meridian.
    (b) Consideration.--As consideration for the conveyance of the real 
property under subsection (a), the Rabons shall convey to the United 
States all right, title, and interest held by the Rabons in and to 
three parcels of land depicted on the map referred to in subsection 
(a), which consists of approximately 241 acres, is contiguous to 
Holloman Air Force Base, New Mexico, and is located within the required 
safety zone surrounding munitions storage bunkers at the installation. 
The Secretary shall assume jurisdiction over the land acquired under 
this subsection. The three parcels are more specifically described as 
follows:
            (1) Lot 4 in the S1/2 of section 30, township 16 south, 
        range 9 east, New Mexico principal meridian, consisting of 
        approximately 17.6 acres.
            (2) E1/2SW1/4 of section 31, township 16 south, range 9 
        east, New Mexico principal meridian, consisting of 
        approximately 80 acres.
            (3) Lots 1, 2, 3, and 4 of section 31, township 16 south, 
        range 9 east, New Mexico principal meridian, consisting of 
        approximately 143 acres.
    (c) Interests Included in Exchange.--Subject to valid existing 
rights, the land exchange under this section shall include conveyance 
of all surface, subsurface, mineral, and water rights in the lands.
    (d) Compliance With Existing Law.--(1) The Secretary shall carry 
out the land exchange under this section in the manner provided in 
section 206 of the Federal Land Policy Management Act of 1976 (43 
U.S.C. 1716). Notwithstanding subsection (b) of such section, if 
necessary, a cash equalization payment may be made in excess of 25 
percent of the appraised value the public land to be conveyed under 
subsection (a).
    (2) The cost of the appraisals performed as part of the land 
exchange shall be borne by the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the land 
exchange under this section as the Secretary considers appropriate to 
protect the interests of the United States.

        TITLE VII--COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

SEC. 701. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

    (a) In General.--Section 19(b) of Public Law 99-396 (48 U.S.C. 
1469a-1) is amended by adding at the end the following: ``Amounts to be 
covered over pursuant to section 703(b) of the Covenant to establish 
the Commonwealth of the Northern Mariana Islands shall include the 
proceeds of all taxes, fees, and other collections, including on 
estates and gifts, derived from the Commonwealth or activities therein 
or its inhabitants and residents, with the sole exception of taxes 
imposed under chapters 2 and 21 of the Internal Revenue Code of 1986, 
as specifically excluded under 703(b) of the Covenant, together with 
interest on any amounts not covered over within 1 year of the date of 
receipt.''.
    (b) Settlement.--The Secretary of the Interior shall review the 
analysis and methodology submitted by the Commonwealth of the Northern 
Mariana Islands for amounts due under section 703(b) of the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America (90 Stat. 263) and shall 
negotiate with the Governor of the Commonwealth to reach a settlement 
for all past due sums set forth in the analysis as well as other sums, 
such as excise taxes and other collections applicable in or to the 
Commonwealth. Any settlement shall be conditioned on the Commonwealth 
executing a full and final release of any and all claims under section 
703(b) of the Covenant and submission of a plan for the expenditure of 
all funds for essential infrastructure for education and water.

   TITLE VIII--UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``United States-Mexico Transboundary 
Aquifer Assessment Act''.

SEC. 802. PURPOSE.

    The purpose of this title is to direct the Secretary of the 
Interior to establish a United States-Mexico transboundary aquifer 
assessment program to--
            (1) systematically assess priority transboundary aquifers; 
        and
            (2) provide the scientific foundation necessary for State 
        and local officials to address pressing water resource 
        challenges in the United States-Mexico border region.

SEC. 803. DEFINITIONS.

    In this title:
            (1) Aquifer.--The term ``aquifer'' means a subsurface 
        water-bearing geologic formation from which significant 
        quantities of water may be extracted.
            (2) Border state.--The term ``Border State'' means each of 
        the States of Arizona, California, New Mexico, and Texas.
            (3) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, band, nation, or other organized group or 
        community--
                    (A) that is recognized as eligible for the special 
                programs and services provided by the United States to 
                Indians because of their status as Indians; and
                    (B) the reservation of which includes a 
                transboundary aquifer within the exterior boundaries of 
                the reservation.
            (4) Priority transboundary aquifer.--The term ``priority 
        transboundary aquifer'' means a transboundary aquifer that has 
        been designated for study and analysis under the program.
            (5) Program.--The term ``program'' means the United States-
        Mexico transboundary aquifer assessment program established 
        under section 804(a).
            (6) Reservation.--The term ``reservation'' means land that 
        has been set aside or that has been acknowledged as having been 
        set aside by the United States for the use of an Indian tribe, 
        the exterior boundaries of which are more particularly defined 
        in a final tribal treaty, agreement, executive order, Federal 
        statute, secretarial order, or judicial determination.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (8) Transboundary aquifer.--The term ``transboundary 
        aquifer'' means an aquifer that underlies the boundary between 
        the United States and Mexico.
            (9) Tri-regional planning group.--The term ``Tri-Regional 
        Planning Group'' means the binational planning group comprised 
        of--
                    (A) the Junta Municipal de Agua y Saneamiento de 
                Ciudad Juarez;
                    (B) the El Paso Water Utilities Public Service 
                Board; and
                    (C) the Lower Rio Grande Water Users Organization.
            (10) Water resources research institutes.--The term ``water 
        resources research institutes'' means the institutes within the 
        Border States established under section 104 of the Water 
        Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 804. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary, in consultation and cooperation 
with the Border States, the water resources research institutes, Sandia 
National Laboratories, and other appropriate entities in the United 
States and Mexico, shall carry out the United States-Mexico 
transboundary aquifer assessment program to characterize, map, and 
model transboundary groundwater resources along the United States-
Mexico border at a level of detail determined to be appropriate for the 
particular aquifer.
    (b) Objectives.--The objectives of the program are to--
            (1) develop and implement an integrated scientific approach 
        to assess transboundary groundwater resources, including--
                    (A)(i) identifying fresh and saline transboundary 
                aquifers; and
                    (ii) prioritizing the transboundary aquifers for 
                further analysis by assessing--
                            (I) the proximity of the transboundary 
                        aquifer to areas of high population density;
                            (II) the extent to which the transboundary 
                        aquifer is used;
                            (III) the susceptibility of the 
                        transboundary aquifer to contamination; and
                            (IV) any other relevant criteria;
                    (B) evaluating all available data and publications 
                as part of the development of study plans for each 
                priority transboundary aquifer;
                    (C) creating a new, or enhancing an existing, 
                geographic information system database to characterize 
                the spatial and temporal aspects of each priority 
                transboundary aquifer; and
                    (D) using field studies, including support for and 
                expansion of ongoing monitoring and metering efforts, 
                to develop--
                            (i) the additional data necessary to 
                        adequately define aquifer characteristics; and
                            (ii) scientifically sound groundwater flow 
                        models to assist with State and local water 
                        management and administration, including 
                        modeling of relevant groundwater and surface 
                        water interactions;
            (2) expand existing agreements, as appropriate, between the 
        United States Geological Survey, the Border States, the water 
        resources research institutes, and appropriate authorities in 
        the United States and Mexico, to--
                    (A) conduct joint scientific investigations;
                    (B) archive and share relevant data; and
                    (C) carry out any other activities consistent with 
                the program; and
            (3) produce scientific products for each priority 
        transboundary aquifer that--
                    (A) are capable of being broadly distributed; and
                    (B) provide the scientific information needed by 
                water managers and natural resource agencies on both 
                sides of the United States-Mexico border to effectively 
                accomplish the missions of the managers and agencies.
    (c) Designation of Priority Transboundary Aquifers.--
            (1) In general.--For purposes of the program, the Secretary 
        shall designate as priority transboundary aquifers--
                    (A) the Hueco Bolson and Mesilla aquifers 
                underlying parts of Texas, New Mexico, and Mexico; and
                    (B) the Santa Cruz River Valley aquifers underlying 
                Arizona and Sonora, Mexico.
            (2) Additional aquifers.--The Secretary shall, using the 
        criteria under subsection (b)(1)(A)(ii), evaluate and designate 
        additional priority transboundary aquifers.
    (d) Cooperation With Mexico.--To ensure a comprehensive assessment 
of transboundary aquifers, the Secretary shall, to the maximum extent 
practicable, work with appropriate Federal agencies and other 
organizations to develop partnerships with, and receive input from, 
relevant organizations in Mexico to carry out the program.
    (e) Grants and Cooperative Agreements.--The Secretary may provide 
grants or enter into cooperative agreements and other agreements with 
the water resources research institutes and other Border State entities 
to carry out the program.

SEC. 805. IMPLEMENTATION OF PROGRAM.

    (a) Coordination With States, Tribes, and Other Entities.--The 
Secretary shall coordinate the activities carried out under the program 
with--
            (1) the appropriate water resource agencies in the Border 
        States;
            (2) any affected Indian tribes; and
            (3) any other appropriate entities that are conducting 
        monitoring and metering activity with respect to a priority 
        transboundary aquifer.
    (b) New Activity.--After the date of enactment of this Act, the 
Secretary shall not initiate any new field studies or analyses under 
the program before consulting with, and coordinating the activity with, 
any Border State water resource agencies that have jurisdiction over 
the aquifer.
    (c) Study Plans; Cost Estimates.--
            (1) In general.--The Secretary shall work closely with 
        appropriate Border State water resource agencies, water 
        resources research institutes, and other relevant entities to 
        develop a study plan, timeline, and cost estimate for each 
        priority transboundary aquifer to be studied under the program.
            (2) Requirements.--A study plan developed under paragraph 
        (1) shall, to the maximum extent practicable--
                    (A) integrate existing data collection and analyses 
                conducted with respect to the priority transboundary 
                aquifer;
                    (B) if applicable, improve and strengthen existing 
                groundwater flow models developed for the priority 
                transboundary aquifer; and
                    (C) be consistent with appropriate State guidelines 
                and goals.

SEC. 806. EFFECT.

    Nothing in this title affects--
            (1) the jurisdiction or responsibility of a Border State 
        with respect to managing surface or groundwater resources in 
        the Border State; or
            (2) the water rights of any person or entity using water 
        from a transboundary aquifer.

SEC. 807. REPORTS.

    Not later than 5 years after the date of enactment of this Act, and 
on completion of the program in fiscal year 2014, the Secretary shall 
submit to the appropriate water resource agency in the Border States, 
an interim and final report, respectively, that describes--
            (1) any activities carried out under the program;
            (2) any conclusions of the Secretary relating to the status 
        of transboundary aquifers; and
            (3) the level of participation in the program of entities 
        in Mexico.

SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $50,000,000 for the period of fiscal years 2005 through 
2014.
    (b) Distribution of Funds.--Of the amounts made available under 
subsection (a), 50 percent shall be made available to the water 
resources research institutes to provide funding to appropriate 
entities in the Border States (including Sandia National Laboratories, 
State agencies, universities, the Tri-Regional Planning Group, and 
other relevant organizations) and Mexico to conduct activities under 
the program, including the binational collection and exchange of 
scientific data.

           TITLE IX--CASTILLO DE SAN MARCOS NATIONAL MONUMENT

 Subtitle A--Castillo de San Marcos National Monument Preservation Act

SEC. 901. SHORT TITLE.

    This subtitle may be cited as the ``Castillo de San Marcos National 
Monument Preservation and Education Act''.

SEC. 902. VISITOR CENTER.

    (a) Authorization.--Subject to the availability of appropriations 
and the project being prioritized in the National Park Services 5-year, 
line-item construction program, the Secretary of the Interior (referred 
to in this section as the ``Secretary'') may design and construct a 
Visitor Center for the Castillo de San Marcos National Monument 
(referred to in this section as the ``Monument'').
    (b) Preferred Alternative.--The Visitor Center authorized in 
subsection (a) shall be located and constructed in accordance with the 
Preferred Alternative identified in the Record of Decision for the 
General Management Plan for the Monument, expected to be signed in 
2005.

SEC. 903. COOPERATIVE AGREEMENT.

    The Secretary may enter into cooperative agreements with the City 
of St. Augustine, Florida, the Colonial St. Augustine Preservation 
Foundation, other Federal, State, and local departments or agencies, 
academic institutions, and non-profit entities for the planning and 
design, construction, management, and operation of the Visitor Center.

SEC. 904. BOUNDARY EXPANSION.

    (a) Property Acquisition.--If the Preferred Alternative for the 
Visitor Center authorized by section 902 is located outside the 
boundary of the Monument, the Secretary is authorized to acquire the 
site for the Visitor Center, from willing sellers, by donation, 
purchase with donated or appropriated funds, or by exchange.
    (b) Administration of Newly Acquired Land.--Land added to the 
Monument pursuant to subsection (a) shall be administered by the 
Secretary in accordance with applicable laws and regulations.
    (c) Boundary Modification.--The boundary of the Monument shall be 
modified to reflect the acquisition of land authorized in subsection 
(a) after completion of the acquisition.

SEC. 905. PROJECT APPROVAL.

    Prior to initiating any planning, design, or construction on the 
Visitor Center authorized by section 902, the project must be reviewed 
and approved by the National Park Service consistent with partnership 
construction guidelines established by that agency.

     Subtitle B--Castillo de San Marcos National Monument Boundary 
                              Modification

SEC. 911. SHORT TITLE.

    This subtitle may be cited as the ``Castillo de San Marcos National 
Monument Boundary Adjustment Act of 2004''.

SEC. 912. FINDINGS.

    Congress finds the following:
            (1) The early defense lines for Fort Marion, Florida, today 
        known as the Castillo de San Marcos National Monument, included 
        defenses extending in a line due west to the Sebastian River, a 
        distance of about one half mile.
            (2) In the 1830's, during the Seminole Wars in Florida, 
        these defensive lines were maintained, but as Florida became 
        more settled they fell into disrepair and/or became obsolete.
            (3) In 1908 the War Department deeded much of the property 
        running west to the Sebastian River to the St. Johns County 
        Board of Public Instruction. The portion of this property 
        remaining in federal ownership today is occupied by Orange 
        Street, a City of St. Augustine, Florida street.
            (4) For nearly a century, the City of St. Augustine has 
        maintained and managed Orange Street, a modern city street, and 
        associated utilities in the Orange Street corridor.
            (5) Any archeological remains that are still present on the 
        property overlaid by Orange Street are adequately protected by 
        the City's archeological ordinances, and by the City having an 
        archeologist on staff.
            (6) Although the city currently operates Orange Street 
        under a right-of-way from the National Park Service, from a 
        management perspective it is appropriate for the City of St. 
        Augustine to own Orange Street.

SEC. 913. BOUNDARY ADJUSTMENT.

    (a) Conveyance of Land.--The Secretary of the Interior shall 
convey, without consideration, to the City of St. Augustine, Florida, 
all right, title, and interest of the United States in and to the lands 
known as Orange Street, a portion of the Castillo de San Marcos 
National Monument (Monument), consisting of approximately 3.1 acres, as 
shown on the map entitled Castillo de San Marcos National Monument 
Boundary Adjustment and Correction, numbered 343/80060, and dated April 
2003. Upon completion of the conveyance, the Secretary shall revise the 
boundary of the Monument to exclude the land conveyed.
    (b) Boundary Revision.--Effective on the date of the enactment of 
this Act, the boundary of the Monument is revised to include an area of 
approximately 0.45 acres, as shown on the map identified in subsection 
(a). The Secretary shall administer the lands included in the boundary 
as part of the national monument in accordance with applicable laws and 
regulations.

     TITLE X--NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Northern California Coastal Wild 
Heritage Wilderness Act''.

SEC. 1002. DEFINITION OF SECRETARY.

    In this title, the term ``Secretary'' means--
            (1) with respect to land under the jurisdiction of the 
        Secretary of Agriculture, the Secretary of Agriculture; and
            (2) with respect to land under the jurisdiction of the 
        Secretary of the Interior, the Secretary of the Interior.

SEC. 1003. DESIGNATION OF WILDERNESS AREAS.

    In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
following areas in the State of California are designated as wilderness 
areas and as components of the National Wilderness Preservation System:
            (1) Snow mountain wilderness addition.--
                    (A) In general.--Certain land in the Mendocino 
                National Forest, comprising approximately 23,312 acres, 
                as generally depicted on the maps described in 
                subparagraph (B), is incorporated in and shall 
                considered to be a part of the ``Snow Mountain 
                Wilderness'', as designated by section 101(a)(31) of 
                the California Wilderness Act of 1984 (16 U.S.C. 1132 
                note; Public Law 98-425).
                    (B) Description of maps.--The maps referred to in 
                subparagraph (A) are--
                            (i) the map entitled ``Skeleton Glade Unit, 
                        Snow Mountain Proposed Wilderness Addition, 
                        Mendocino National Forest'' and dated September 
                        17, 2004; and
                            (ii) the map entitled ``Bear Creek/Deafy 
                        Glade Unit, Snow Mountain Wilderness Addition, 
                        Mendocino National Forest'' and dated September 
                        17, 2004.
            (2) Sanhedrin wilderness.--Certain land in the Mendocino 
        National Forest, comprising approximately 10,571 acres, as 
        generally depicted on the map entitled ``Sanhedrin Proposed 
        Wilderness, Mendocino National Forest'' and dated September 17, 
        2004, which shall be known as the ``Sanhedrin Wilderness''.
            (3) Yuki wilderness.--Certain land in the Mendocino 
        National Forest and certain land administered by the Bureau of 
        Land Management in Lake and Mendocino Counties, California, 
        together comprising approximately 54,087 acres, as generally 
        depicted on the map entitled ``Yuki Proposed Wilderness'' and 
        dated October 28, 2004, which shall be known as the ``Yuki 
        Wilderness''.
            (4) Yolla bolly-middle eel wilderness addition.--Certain 
        land in the Mendocino National Forest and certain land 
        administered by the Bureau of Land Management in Mendocino 
        County, California, together comprising approximately 25,806 
        acres, as generally depicted on the map entitled ``Middle Fork 
        Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle Eel 
        Proposed Wilderness Addition'' and dated October 28, 2004, is 
        incorporated in and shall considered to be a part of the Yolla 
        Bolly-Middle Eel Wilderness, as designated by section 3 of the 
        Wilderness Act (16 U.S.C. 1132).
            (5) Mad river buttes wilderness.--Certain land in the Six 
        Rivers National Forest, comprising approximately 6,494 acres, 
        as generally depicted on the map entitled ``Mad River Buttes, 
        Mad River Proposed Wilderness'' and dated September 17, 2004, 
        which shall be known as the ``Mad River Buttes Wilderness''.
            (6) Siskiyou wilderness addition.--
                    (A) In general.--Certain land in the Six Rivers 
                National Forest, comprising approximately 48,754 acres, 
                as generally depicted on the maps described in 
                subparagraph (B), is incorporated in and shall be 
                considered to be a part of the Siskiyou Wilderness, as 
                designated by section 101(a)(30) of the California 
                Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
                98-425).
                    (B) Description of maps.--The maps referred to in 
                subparagraph (A) are--
                            (i) the map entitled ``Bear Basin Butte 
                        Unit, Siskiyou Proposed Wilderness Additions, 
                        Six Rivers National Forest'' and dated October 
                        28, 2004;
                            (ii) the map entitled ``Blue Creek Unit, 
                        Siskiyou Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated October 28, 
                        2004;
                            (iii) the map entitled ``Blue Ridge Unit, 
                        Siskiyou Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        17, 2004;
                            (iv) the map entitled ``Broken Rib Unit, 
                        Siskiyou Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        17, 2004; and
                            (v) the map entitled ``Wooly Bear Unit, 
                        Siskiyou Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        27, 2004.
            (7) Mount lassic wilderness.--Certain land in the Six 
        Rivers National Forest, comprising approximately 7,279 acres, 
        as generally depicted on the map entitled ``Mt. Lassic Proposed 
        Wilderness'' and dated September 17, 2004, which shall be known 
        as the ``Mount Lassic Wilderness''.
            (8) Trinity alps wilderness addition.--
                    (A) In general.--Certain land in the Six Rivers 
                National Forest, comprising approximately 28,805 acres, 
                as generally depicted on the maps described in 
                subparagraph (B) and which is incorporated in and shall 
                be considered to be a part of the Trinity Alps 
                Wilderness as designated by section 101(a)(34) of the 
                California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
                Public Law 98-425).
                    (B) Description of maps.--The maps referred to in 
                subparagraph (A) are--
                            (i) the map entitled ``Orleans Mountain 
                        Unit (Boise Creek), Trinity Alps Proposed 
                        Wilderness Addition, Six Rivers National 
                        Forest'', and dated October 28, 2004;
                            (ii) the map entitled ``East Fork Unit, 
                        Trinity Alps Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        17, 2004;
                            (iii) the map entitled ``Horse Linto Unit, 
                        Trinity Alps Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        17, 2004; and
                            (iv) the map entitled ``Red Cap Unit, 
                        Trinity Alps Proposed Wilderness Addition, Six 
                        Rivers National Forest'' and dated September 
                        17, 2004.
            (9) Underwood wilderness.--Certain land in the Six Rivers 
        National Forest, comprising approximately 2,977 acres, as 
        generally depicted on the map entitled ``Underwood Proposed 
        Wilderness, Six Rivers National Forest'' and dated September 
        17, 2004, which shall be known as the ``Underwood Wilderness''.
            (10) Cache creek wilderness.--Certain land administered by 
        the Bureau of Land Management in Lake County, California, 
        comprising approximately 30,870 acres, as generally depicted on 
        the map entitled ``Cache Creek Wilderness Area'' and dated 
        September 27, 2004, which shall be known as the ``Cache Creek 
        Wilderness''.
            (11) Cedar roughs wilderness.--Certain land administered by 
        the Bureau of Land Management in Napa County, California, 
        comprising approximately 6,350 acres, as generally depicted on 
        the map entitled ``Cedar Roughs Wilderness Area'' and dated 
        September 27, 2004, which shall be known as the ``Cedar Roughs 
        Wilderness''.
            (12) South fork eel river wilderness.--Certain land 
        administered by the Bureau of Land Management in Mendocino 
        County, California, comprising approximately 12,915 acres, as 
        generally depicted on the map entitled ``South Fork Eel River 
        Wilderness Area and Elkhorn Ridge Potential Wilderness'' and 
        dated September 27, 2004, which shall be known as the ``South 
        Fork Eel River Wilderness''.
            (13) King range wilderness.--
                    (A) In general.--Certain land administered by the 
                Bureau of Land Management in Humboldt and Mendocino 
                Counties, California, comprising approximately 42,585 
                acres, as generally depicted on the map entitled ``King 
                Range Wilderness'', and dated November 12, 2004, which 
                shall be known as the ``King Range Wilderness''.
                    (B) Applicable law.--With respect to the wilderness 
                designated by subparagraph (A), in the case of a 
                conflict between this title and Public Law 91-476 (16 
                U.S.C. 460y et seq.), the more restrictive provision 
                shall control.
            (14) Rocks and islands.--
                    (A) In general.--All Federally-owned rocks, islets, 
                and islands (whether named or unnamed and surveyed or 
                unsurveyed) that are located--
                            (i) not more than 3 geographic miles off 
                        the coast of the King Range National 
                        Conservation Area; and
                            (ii) above mean high tide.
                    (B) Applicable law.--In the case of a conflict 
                between this title and Proclamation No. 7264 (65 Fed. 
                Reg. 2821), the more restrictive provision shall 
                control.

SEC. 1004. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Management.--Subject to valid existing rights, each area 
designated as wilderness by this title shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
            (1) any reference in that Act to the effective date shall 
        be considered to be a reference to the date of enactment of 
        this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary that has jurisdiction over the wilderness.
    (b) Map and Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and a 
        legal description of each wilderness area designated by this 
        title with--
                    (A) the Committee on Resources of the House of 
                Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Force of law.--A map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        errors in the map and legal description.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be filed and made available for 
        public inspection in the appropriate office of the Secretary.
    (c) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of a wilderness area designated by this title that is 
acquired by the Federal Government shall--
            (1) become part of the wilderness area in which the land is 
        located; and
            (2) be managed in accordance with this title, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
        applicable law.
    (d) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land designated as wilderness by 
this title is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (e) Fire, Insect, and Disease Management Activities.--
            (1) In general.--The Secretary may take such measures in 
        the wilderness areas designated by this title as are necessary 
        for the control and prevention of fire, insects, and diseases, 
        in accordance with--
                    (A) section 4(d)(1) of the Wilderness Act (16 
                U.S.C. 1133(d)(1)); and
                    (B) House Report No. 98-40 of the 98th Congress.
            (2) Review.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall review existing 
        policies applicable to the wilderness areas designated by this 
        title to ensure that authorized approval procedures for any 
        fire management measures allow a timely and efficient response 
        to fire emergencies in the wilderness areas.
    (f) Access to Private Property.--
            (1) In general.--The Secretary shall provide any owner of 
        private property within the boundary of a wilderness area 
        designated by this title adequate access to such property to 
        ensure the reasonable use and enjoyment of the property by the 
        owner.
            (2) King range wilderness.--
                    (A) In general.--Subject to subparagraph (B), 
                within the wilderness designated by section 1003(13), 
                the access route depicted on the map for private 
                landowners shall also be available for invitees of the 
                private landowners.
                    (B) Limitation.--Nothing in subparagraph (A) 
                requires the Secretary to provide any access to the 
                landowners or invitees beyond the access that would be 
                available if the wilderness had not been designated.
    (g) Snow Sensors and Stream Gauges.--If the Secretary determines 
that hydrologic, meteorologic, or climatological instrumentation is 
appropriate to further the scientific, educational, and conservation 
purposes of the wilderness areas designated by this title, nothing in 
this title prevents the installation and maintenance of the 
instrumentation within the wilderness areas.
    (h) Military Activities.--Nothing in this title precludes low-level 
overflights of military aircraft, the designation of new units of 
special airspace, or the use or establishment of military flight 
training routes over wilderness areas designated by this title.
    (i) Livestock.--Grazing of livestock and the maintenance of 
existing facilities related to grazing in wilderness areas designated 
by this title, where established before the date of enactment of this 
Act, shall be permitted to continue in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the report of 
        the Committee on Interior and Insular Affairs of the House of 
        Representatives accompanying H.R. 2570 of the 101st Congress 
        (H. Rept. 101-405).
    (j) Fish and Wildlife Management.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
        carry out management activities to maintain or restore fish and 
        wildlife populations and fish and wildlife habitats in 
        wilderness areas designated by this title if such activities 
        are--
                    (A) consistent with applicable wilderness 
                management plans; and
                    (B) carried out in accordance with applicable 
                guidelines and policies.
            (2) State jurisdiction.--Nothing in this title affects the 
        jurisdiction of the State of California with respect to fish 
        and wildlife on the public land located in the State.
    (k) Use by Members of Indian Tribes.--
            (1) Access.--In recognition of the past use of wilderness 
        areas designated by this title by members of Indian tribes for 
        traditional cultural and religious purposes, the Secretary 
        shall ensure that Indian tribes have access to the wilderness 
        areas for traditional cultural and religious purposes.
            (2) Temporary closures.--
                    (A) In general.--In carrying out this section, the 
                Secretary, on request of an Indian tribe, may 
                temporarily close to the general public 1 or more 
                specific portions of a wilderness area to protect the 
                privacy of the members of the Indian tribe in the 
                conduct of the traditional cultural and religious 
                activities in the wilderness area.
                    (B) Requirement.--Any closure under subparagraph 
                (A) shall be made in such a manner as to affect the 
                smallest practicable area for the minimum period of 
                time necessary for the activity to be carried out.
            (3) Applicable law.--Access to the wilderness areas under 
        this subsection shall be in accordance with--
                    (A) Public Law 95-341 (commonly known as the 
                ``American Indian Religious Freedom Act'') (42 U.S.C. 
                1996 et seq.); and
                    (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
    (l) Adjacent Management.--
            (1) In general.--Nothing in this title creates protective 
        perimeters or buffer zones around any wilderness area 
        designated by this title.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within a 
        wilderness area designated by this title shall not preclude the 
        conduct of those activities or uses outside the boundary of the 
        wilderness area.

SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for the purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
any portion of a wilderness study area described in subsection (b) that 
is not designated as wilderness by this title or any previous Act has 
been adequately studied for wilderness.
    (b) Description of Study Areas.--The study areas referred to in 
subsection (a) are--
            (1) the King Range Wilderness Study Area;
            (2) the Chemise Mountain Instant Study Area;
            (3) the Red Mountain Wilderness Study Area;
            (4) the Cedar Roughs Wilderness Study Area; and
            (5) those portions of the Rocky Creek/Cache Creek 
        Wilderness Study Area in Lake County, California which are not 
        in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
    (c) Release.--Any portion of a wilderness study area described in 
subsection (b) that is not designated as wilderness by this title or 
any other Act enacted before the date of enactment of this Act shall 
not be subject to section 603(c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1782(c)).

SEC. 1006. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain public land in the State 
administered by the Bureau of Land Management, compromising 
approximately 9,655 acres, as generally depicted on the map entitled 
South Fork Eel River Wilderness Area and Elkhorn Ridge Potential 
Wilderness'' and dated September 27, 2004, is designated as a potential 
wilderness area.
    (b) Management.--Except as provided in subsection (c) and subject 
to valid existing rights, the Secretary shall manage the potential 
wilderness area as wilderness until the potential wilderness area is 
designated as wilderness.
    (c) Ecological Restoration.--
            (1) In general.--For purposes of ecological restoration 
        (including the elimination of non-native species, removal of 
        illegal, unused, or decommissioned roads, repair of skid 
        tracks, and any other activities necessary to restore the 
        natural ecosystems in the potential wilderness area), the 
        Secretary may used motorized equipment and mechanized transport 
        in the potential wilderness area until the potential wilderness 
        area is designated as wilderness.
            (2) Limitation.--To the maximum extent practicable, the 
        Secretary shall use the minimum tool or administrative practice 
        necessary to accomplish ecological restoration with the least 
        amount of adverse impact on wilderness character and resources.
    (d) Wilderness Designation.--
            (1) In general.--The potential wilderness area shall be 
        designated as wilderness and as a component of the National 
        Wilderness Preservation System on the earlier of--
                    (A) the date on which the Secretary publishes in 
                the Federal Register notice that the conditions in the 
                potential wilderness area that are incompatible with 
                the Wilderness Act (16 U.S.C. 1131 et seq.) have been 
                removed; or
                    (B) the date that is 5 years after the date of 
                enactment of this Act.
            (2) Administration.--On designation as wilderness under 
        paragraph (1), the potential wilderness area shall be--
                    (A) known as the ``Elkhorn Ridge Wilderness''; and
                    (B) administered in accordance with this title and 
                the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 1007. WILD AND SCENIC RIVER DESIGNATION.

    (a) Designation of Black Butte River, California.--Section 3(a) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 
at the end the following:
            ``(__) Black butte river, california.--The following 
        segments of the Black Butte River in the State of California, 
        to be administered by the Secretary of Agriculture:
                    ``(A) The 16 miles of Black Butte River, from the 
                Mendocino County Line to its confluence with Jumpoff 
                Creek, as a wild river.
                    ``(B) The 3.5 miles of Black Butte River from its 
                confluence with Jumpoff Creek to its confluence with 
                Middle Eel River, as a scenic river.
                    ``(C) The 1.5 miles of Cold Creek from the 
                Mendocino County Line to its confluence with Black 
                Butte River, as a wild river.''.
    (b) Plan; Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Agriculture shall 
        submit to Congress--
                    (A) a fire management plan for the Black Butte 
                River segments designated by the amendment under 
                subsection (a); and
                    (B) a report on the cultural and historic resources 
                within those segments.
            (2) Transmittal to county.--The Secretary of Agriculture 
        shall transmit to the Board of Supervisors of Mendocino County, 
        California, a copy of the plan and report submitted under 
        paragraph (1).

SEC. 1008. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.

    Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is amended by 
adding at the end the following:
    ``(d) In addition to the land described in subsections (a) and (c), 
the land identified as the King Range National Conservation Area 
Additions on the map entitled `King Range Wilderness' and dated 
November 12, 2004, is included in the Area.''.

                      TITLE XI--TRIBAL PARITY ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Tribal Parity Act''.

SEC. 1102. FINDINGS.

    Congress finds that--
            (1) the Pick-Sloan Missouri River Basin Program (authorized 
        by section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 891)), was 
        approved to promote the general economic development of the 
        United States;
            (2) the Fort Randall and Big Bend dam and reservoir 
        projects in South Dakota--
                    (A) are major components of the Pick-Sloan Missouri 
                River Basin Program; and
                    (B) contribute to the national economy;
            (3) the Fort Randall and Big Bend projects inundated the 
        fertile bottom land of the Lower Brule and Crow Creek Sioux 
        Tribes, which greatly damaged the economy and cultural 
        resources of the Tribes;
            (4) Congress has provided compensation to several Indian 
        tribes, including the Lower Brule and Crow Creek Sioux Tribes, 
        that border the Missouri River and suffered injury as a result 
        of 1 or more Pick-Sloan Projects;
            (5) the compensation provided to those Indian tribes has 
        not been consistent;
            (6) Missouri River Indian tribes that suffered injury as a 
        result of 1 or more Pick-Sloan Projects should be adequately 
        compensated for those injuries, and that compensation should be 
        consistent among the Tribes; and
            (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux 
        Tribe, based on methodology determined appropriate by the 
        General Accounting Office, are entitled to receive additional 
        compensation for injuries described in paragraph (6), so as to 
        provide parity among compensation received by all Missouri 
        River Indian tribes.

SEC. 1103. LOWER BRULE SIOUX TRIBE.

    Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act (Public Law 105-132; 111 Stat. 2565) is 
amended by striking ``$39,300,000'' and inserting ``$186,822,140''.

SEC. 1104. CROW CREEK SIOUX TRIBE.

    Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996 (Public Law 104-223; 110 Stat. 3027) 
is amended by striking ``$27,500,000'' and inserting ``$105,917,853''.

          TITLE XII--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Redwood National Park Boundary 
Adjustment Act of 2004''.

SEC. 1202. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.

    Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is 
amended--
            (1) in the first sentence, by striking ``(a) The area'' and 
        all that follows through the period at the end and inserting 
        the following: ``(a)(1) The Redwood National Park consists of 
        the land generally depicted on the map entitled `Redwood 
        National Park, Revised Boundary', numbered 167/60502, and dated 
        February, 2003.'';
            (2) by inserting after paragraph (1) (as designated by 
        paragraph (1)) the following:
    ``(2) The map referred to in paragraph (1) shall be--
            ``(A) on file and available for public inspection in the 
        appropriate offices of the National Park Service; and
            ``(B) provided by the Secretary of the Interior to the 
        appropriate officers of Del Norte and Humboldt Counties, 
        California.''; and
            (3) in the second sentence--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
    ``(3) The Secretary''; and
                    (B) by striking ``one hundred and six thousand 
                acres'' and inserting ``133,000 acres''.

                TITLE XIII--VALLES CALDERA PRESERVATION

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Valles Caldera Preservation Act of 
2004''.

SEC. 1302. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

    (a) Acquisition of Outstanding Mineral Interests.--Section 104(e) 
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is 
amended--
            (1) by striking ``The acquisition'' and inserting the 
        following:
            ``(1) In general.--The acquisition'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(2) Acquisition.--The Secretary'';
            (3) by striking ``on a willing seller basis'';
            (4) by striking ``Any such'' and inserting the following:
            ``(3) Administration.--Any such''; and
            (5) by adding at the end the following:
            ``(4) Available funds.--Any such interests shall be 
        acquired with available funds.
            ``(5) Declaration of taking.--
                    ``(A) In general.--If negotiations to acquire the 
                interests are unsuccessful by the date that is 60 days 
                after the date of enactment of this paragraph, the 
                Secretary shall acquire the interests pursuant to 
                section 3114 of title 40, United States Code.
                    ``(B) Source of funds.--Any difference between the 
                sum of money estimated to be just compensation by the 
                Secretary and the amount awarded shall be paid from the 
                permanent judgment appropriation under section 1304 of 
                title 31, United States Code.''.
    (b) Obligations and Expenditures.--Section 106(e) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at 
the end the following:
            ``(4) Obligations and expenditures.--Subject to the laws 
        applicable to Government corporations, the Trust shall 
        determine--
                    ``(A) the character of, and the necessity for, any 
                obligations and expenditures of the Trust; and
                    ``(B) the manner in which obligations and 
                expenditures shall be incurred, allowed, and paid.''.
    (c) Solicitation of Donations.--Section 106(g) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking 
``The Trust may solicit'' and inserting ``The members of the Board of 
Trustees, the executive director, and 1 additional employee of the 
Trust in an executive position designated by the Board of Trustees or 
the executive director may solicit''.
    (d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera 
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking 
``subsection (g)'' and inserting ``subsection (g), from claims, 
judgments, or settlements arising from activities occurring on the Baca 
Ranch or the Preserve after October 27, 1999,''.

SEC. 1303. BOARD OF TRUSTEES.

    Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
            (1) in paragraph (2), by striking ``Trustees'' and 
        inserting ``Except as provided in paragraph (3), trustees''; 
        and
            (2) in paragraph (3)--
                    (A) by striking ``Trustees'' and inserting the 
                following:
                    ``(A) Selection.--Trustees''; and
                    (B) by adding at the end the following:
                    ``(B) Compensation.--On request of the chair, the 
                chair may be compensated at a rate determined by the 
                Board of Trustees, but not to exceed the daily 
                equivalent of the annual rate of pay for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code, for each day (including travel 
                time) in which the chair is engaged in the performance 
                of duties of the Board of Trustees.
                    ``(C) Maximum rate of pay.--The total amount of 
                compensation paid to the chair for a fiscal year under 
                subparagraph (B) shall not exceed 25 percent of the 
                annual rate of pay for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.''.

SEC. 1304. RESOURCE MANAGEMENT.

    (a) Property Disposal Limitations.--Section 108(c)(3) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
            (1) in the first sentence, by striking ``The Trust may not 
        dispose'' and inserting the following:
                    ``(A) In general.--The Trust may not dispose'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Maximum duration.--The Trust'';
            (3) in the last sentence, by striking ``Any such'' and 
        inserting the following:
                    ``(C) Termination.--The''; and
            (4) by adding at the end the following:
                    ``(D) Exclusions.--For the purposes of this 
                paragraph, the disposal of real property does not 
                include the sale or other disposal of forage, forest 
                products, or marketable renewable resources.''.
    (b) Law Enforcement and Fire Management.--Section 108(g) of the 
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) Law enforcement.--
                    ``(A) In general.--The Secretary'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Federal agency.--The Trust''; and
            (3) by striking ``At the request of the Trust'' and all 
        that follows through the end of the paragraph and inserting the 
        following:
            ``(2) Fire management.--
                    ``(A) Non-reimbursable services.--
                            ``(i) Development of plan.--The Secretary 
                        shall, in consultation with the Trust, develop 
                        a plan to carry out fire preparedness, 
                        suppression, and emergency rehabilitation 
                        services on the Preserve.
                            ``(ii) Consistency with management 
                        program.--The plan shall be consistent with the 
                        management program developed pursuant to 
                        subsection (d).
                            ``(iii) Cooperative agreement.--To the 
                        extent generally authorized at other units of 
                        the National Forest System, the Secretary shall 
                        provide the services to be carried out pursuant 
                        to the plan under a cooperative agreement 
                        entered into between the Secretary and the 
                        Trust.
                    ``(B) Reimbursable services.--To the extent 
                generally authorized at other units of the National 
                Forest System, the Secretary may provide presuppression 
                and nonemergency rehabilitation and restoration 
                services for the Trust at any time on a reimbursable 
                basis.''.

               TITLE XIV--CENTRAL NEVADA RURAL CEMETERIES

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Central Nevada Rural Cemeteries 
Act''.

SEC. 1402. CONVEYANCE TO LANDER COUNTY, NEVADA.

    (a) Findings.--Congress finds that--
            (1) the historical use by settlers and travelers since the 
        late 1800's of the cemetery known as ``Kingston Cemetery'' in 
        Kingston, Nevada, predates incorporation of the land within the 
        jurisdiction of the Forest Service on which the cemetery is 
        situated;
            (2) it is appropriate that that use be continued through 
        local public ownership of the parcel rather than through the 
        permitting process of the Federal agency;
            (3) in accordance with Public Law 85-569 (commonly known as 
        the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has 
        conveyed to the Town of Kingston 1.25 acres of the land on 
        which historic gravesites have been identified; and
            (4) to ensure that all areas that may have unmarked 
        gravesites are included, and to ensure the availability of 
        adequate gravesite space in future years, an additional parcel 
        consisting of approximately 8.75 acres should be conveyed to 
        the county so as to include the total amount of the acreage 
        included in the original permit issued by the Forest Service 
        for the cemetery.
    (b) Conveyance on Condition Subsequent.--Subject to valid existing 
rights and the condition stated in subsection (e), the Secretary of 
Agriculture, acting through the Chief of the Forest Service (referred 
to in this section as the ``Secretary''), not later than 90 days after 
the date of enactment of this Act, shall convey to Lander County, 
Nevada (referred to in this section as the ``county''), for no 
consideration, all right, title, and interest of the United States in 
and to the parcel of land described in subsection (c).
    (c) Description of Land.--The parcel of land referred to in 
subsection (b) is the parcel of National Forest System land (including 
any improvements on the land) known as ``Kingston Cemetery'', 
consisting of approximately 10 acres and more particularly described as 
SW\1/4\SE\1/4\SE\1/4\ of section 36, T. 16N., R. 43E., Mount Diablo 
Meridian.
    (d) Easement.--At the time of the conveyance under subsection (b), 
subject to subsection (e)(2), the Secretary shall grant the county an 
easement allowing access for persons desiring to visit the cemetery and 
other cemetery purposes over Forest Development Road #20307B, 
notwithstanding any future closing of the road for other use.
    (e) Condition on Use of Land.--
            (1) In general.--The county (including its successors) 
        shall continue the use of the parcel conveyed under subsection 
        (b) as a cemetery.
            (2) Reversion.--If the Secretary, after notice to the 
        county and an opportunity for a hearing, makes a finding that 
        the county has used or permitted the use of the parcel for any 
        purpose other than the purpose specified in paragraph (1), and 
        the county fails to discontinue that use--
                    (A) title to the parcel shall revert to the 
                Secretary, to be administered by the Secretary; and
                    (B) the easement granted to the county under 
                subsection (d) shall be revoked.
            (3) Waiver.--The Secretary may waive the application of 
        subparagraph (A) or (B) of paragraph (2) if the Secretary 
        determines that a waiver would be in the best interests of the 
        United States.

SEC. 1403. CONVEYANCE TO EUREKA COUNTY, NEVADA.

    (a) Findings.--Congress finds that--
            (1) the historical use by settlers and travelers since the 
        late 1800's of the cemetery known as ``Maiden's Grave 
        Cemetery'' in Beowawe, Nevada, predates incorporation of the 
        land within the jurisdiction of the Bureau of Land Management 
        on which the cemetery is situated; and
            (2) it is appropriate that that use be continued through 
        local public ownership of the parcel rather than through the 
        permitting process of the Federal agency.
    (b) Conveyance on Condition Subsequent.--Subject to valid existing 
rights and the condition stated in subsection (e), the Secretary of the 
Interior, acting through the Director of the Bureau of Land Management 
(referred to in this section as the ``Secretary''), not later than 90 
days after the date of enactment of this Act, shall convey to Eureka 
County, Nevada (referred to in this section as the ``county''), for no 
consideration, all right, title, and interest of the United States in 
and to the parcel of land described in subsection (c).
    (c) Description of Land.--The parcel of land referred to in 
subsection (b) is the parcel of public land (including any improvements 
on the land) known as ``Maiden's Grave Cemetery'', consisting of 
approximately 10 acres and more particularly described as S\1/2\NE\1/
4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\SW\1/4\ of section 10, T.31N., 
R.49E., Mount Diablo Meridian.
    (d) Easement.--At the time of the conveyance under subsection (b), 
subject to subsection (e)(2), the Secretary shall grant the county an 
easement allowing access for persons desiring to visit the cemetery and 
other cemetery purposes over an appropriate access route consistent 
with current access.
    (e) Condition on Use of Land.--
            (1) In general.--The county (including its successors) 
        shall continue the use of the parcel conveyed under subsection 
        (b) as a cemetery.
            (2) Reversion.--If the Secretary, after notice to the 
        county and an opportunity for a hearing, makes a finding that 
        the county has used or permitted the use of the parcel for any 
        purpose other than the purpose specified in paragraph (1), and 
        the county fails to discontinue that use--
                    (A) title to the parcel shall revert to the 
                Secretary, to be administered by the Secretary; and
                    (B) the easement granted to the county under 
                subsection (d) shall be revoked.
            (3) Waiver.--The Secretary may waive the application of 
        subparagraph (A) or (B) of paragraph (2) if the Secretary 
        determines that a waiver would be in the best interests of the 
        United States.

               TITLE XV--DANDINI RESEARCH PARK CONVEYANCE

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Dandini Research Park Conveyance 
Act''.

SEC. 1502. DEFINITIONS.

    In this title:
            (1) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the University and Community College 
        System of Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 1503. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF 
              NEVADA.

    (a) Conveyance.--
            (1) In general.--The Secretary shall convey to the Board of 
        Regents, without consideration, all right, title, and interest 
        of the United States in and to the approximately 467 acres of 
        land located in Washoe County, Nevada, patented to the 
        University of Nevada under the Act of June 14, 1926 (commonly 
        known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 
        869 et seq.), and described in paragraph (2).
            (2) Description of land.--The land referred to in paragraph 
        (1) is--
                    (A) the parcel of land consisting of approximately 
                309.11 acres and more particularly described as T. 20 
                N., R. 19 E., Sec. 25, lots 1, 2, 3, 4, 5, and 11, 
                SE\1/4\NW\1/4\, NE\1/4\SW\1/4\, Mount Diablo Meridian, 
                Nevada; and
                    (B) the parcel of land consisting of approximately 
                158.22 acres and more particularly described as T. 20 
                N., R. 19 E., Sec. 25, lots 6 and 7, SW\1/4\NE\1/4\, 
                NW\1/4\SE\1/4\, Mount Diablo Meridian, Nevada.
    (b) Costs.--The Board of Regents shall pay to the United States an 
amount equal to the costs of the Secretary associated with the 
conveyance under subsection (a)(1).
    (c) Conditions.--If the Board of Regents sells any portion of the 
land conveyed to the Board of Regents under subsection (a)(1)--
            (1) the amount of consideration for the sale shall reflect 
        fair market value, as determined by an appraisal; and
            (2) the Board of Regents shall pay to the Secretary an 
        amount equal to the net proceeds of the sale, for use by the 
        Director of the Bureau of Land Management in the State of 
        Nevada, without further appropriation.

 TITLE XVI--ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH

SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.

    (a) Definition of Owner.--In this section, the term ``owner'' means 
an owner that is able to convey to the United States clear title to 
property taken under this section.
    (b) Taking of Property.--Notwithstanding any other provision of 
law, effective 30 days after the date of enactment of this Act, there 
is vested in the United States all right, title, and interest in and 
to, and the right to immediate possession of certain land located in a 
master planned community development in Washington County, Utah, known 
as ``PAHO'', owned by Environmental Land Technology, Ltd., Rocky 
Mountain Ventures, and James Doyle, within the Red Cliffs Reserve in 
Washington County, Utah, consisting of--
                    (A) the fee simple interest in approximately 1,516 
                acres of real property; and
                    (B) the fee simple interest in 34 acres of real 
                property adjacent to the Red Cliffs Reserve owned by 
                Environmental Land Technology, Ltd.
    (c) Just Compensation.--
            (1) In general.--The United States shall pay the owner just 
        compensation determined as of the date of enactment of this 
        Act.
            (2) Amount.--Payment of just compensation shall be in the 
        amount of--
                    (A) the valuation of the property determined by 
                judgment awarded by a United States Court of competent 
                jurisdiction;
                    (B) interest from the date of enactment of this 
                Act; and
                    (C) any other costs and expenses, if any, as 
                determined by the court.
            (3) Interest.--Interest under this subsection shall be 
        compounded in the same manner as under subsection (b)(2)(B) of 
        the first section of the Act of April 17, 1954 (16 U.S.C. 
        429b(b)(2)(B)), except that the reference in that provision to 
        the date of enactment of the Manassas National Battlefield Park 
        Amendments of 1988 shall be deemed to be a reference to the 
        date of enactment of this Act.
            (4) Source of payment.--Payment of the amount pursuant to 
        this section shall be made from the permanent judgment 
        appropriation under section 1304 of title 31, United States 
        Code.
            (5) Full faith and credit.--The full faith and credit of 
        the United States is pledged to the payment of any judgment 
        entered against the United States with respect to the taking of 
        property under this section.

   TITLE XVII--NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN 
                              PARTNERSHIP

SEC. 1701. SHORT TITLE.

    This title may be cited as the ``Northern Arizona Land Exchange and 
Verde River Basin Partnership Act of 2004''.

               Subtitle A--Northern Arizona Land Exchange

SEC. 1711. DEFINITIONS.

    In this subtitle:
            (1) Camp.--The term ``camp'' means Camp Pearlstein, 
        Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and Young 
        Life Lost Canyon camps in the State of Arizona.
            (2) Cities.--The term ``cities'' means the cities of 
        Flagstaff, Williams, and Camp Verde, Arizona.
            (3) Federal land.--The term ``Federal land'' means the land 
        described in section 1714.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the land described in section 1713.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Yavapai ranch.--The term ``Yavapai Ranch'' means the 
        Yavapai Ranch Limited Partnership, an Arizona Limited 
        Partnership, and the Northern Yavapai, L.L.C., an Arizona 
        Limited Liability Company.

SEC. 1712. LAND EXCHANGE.

    (a) In General.--(1) Upon the conveyance by Yavapai Ranch of title 
to the non-Federal land identified in section 1713, the Secretary shall 
simultaneously convey to Yavapai Ranch title to the Federal land 
identified in section 1714.
    (2) Title to the lands to be exchanged shall be in a form 
acceptable to the Secretary and Yavapai Ranch.
    (3) The Federal and non-Federal lands to be exchanged under this 
subtitle may be modified prior to the exchange as provided in this 
subtitle.
    (4)(A) By mutual agreement, the Secretary and Yavapai Ranch may 
make minor and technical corrections to the maps and legal descriptions 
of the lands and interests therein exchanged or retained under this 
subtitle, including changes, if necessary to conform to surveys 
approved by the Bureau of Land Management.
    (B) In the case of any discrepancy between a map and legal 
description, the map shall prevail unless the Secretary and Yavapai 
Ranch agree otherwise.
    (b) Exchange Process.--(1) Except as otherwise provided in this 
subtitle, the land exchange under subsection (a) shall be undertaken in 
accordance with section 206 of the Federal Land Policy and Management 
Act (43 U.S.C. 1716).
    (2) Before completing the land exchange under this subtitle, the 
Secretary shall perform any necessary land surveys and pre-exchange 
inventories, clearances, reviews, and approvals, including those 
relating to hazardous materials, threatened and endangered species, 
cultural and historic resources, and wetlands and flood plains.
    (c) Equal Value Exchange.--(1) The value of the Federal land and 
the non-Federal land shall be equal, or equalized by the Secretary by 
adjusting the acreage of the Federal land in accordance with paragraph 
(2).
    (2) If the final appraised value of the Federal land exceeds the 
final appraised value of the non-Federal land, prior to making other 
adjustments, the Federal lands shall be adjusted by deleting all or 
part of the parcels or portions of the parcels in the following order:
            (A) A portion of the Camp Verde parcel described in section 
        1714(a)(4), comprising approximately 316 acres, located in the 
        Prescott National Forest, and more particularly described as 
        lots 1, 5, and 6 of section 26, the NE\1/4\NE\1/4\ portion of 
        section 26 and the N\1/2\N\1/2\ portion of section 27, Township 
        14 North, Range 4 East, Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona.
            (B) A portion of the Camp Verde parcel described in section 
        1714(a)(4), comprising approximately 314 acres, located in the 
        Prescott National Forest, and more particularly described as 
        lots 2, 7, 8, and 9 of section 26, the SE\1/4\NE\1/4\ portion 
        of section 26, and the S\1/2\N\1/2\ of section 27, Township 14 
        North, Range 4 East, Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona.
            (C) Beginning at the south boundary of section 31, Township 
        20 North, Range 5 West, Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona, and sections 33 and 35, Township 20 
        North, Range 6 West, Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona, by adding to the non-Federal land to 
        be conveyed to the United States in \1/8\-section increments 
        (E-W 64th line) while deleting from the conveyance to Yavapai 
        Ranch Federal land in the same incremental portions of section 
        32, Township 20 North, Range 5 West, Gila and Salt River Base 
        and Meridian, Yavapai County, Arizona, and sections 32, 34, and 
        36 in Township 20 North, Range 6 West, Gila and Salt River Base 
        and Meridian, Yavapai County, Arizona, to establish a linear 
        and continuous boundary that runs east-to-west across the 
        sections.
            (D) Any other parcels, or portions thereof, agreed to by 
        the Secretary and Yavapai Ranch.
    (3) If any parcel of Federal land or non-Federal land is not 
conveyed because of any reason, that parcel of land, or portion 
thereof, shall be excluded from the exchange and the remaining lands 
shall be adjusted as provided in this subsection.
    (4) If the value of the Federal land exceeds the value of the non-
Federal land by more than $50,000, the Secretary and Yavapai Ranch 
shall, by mutual agreement, delete additional Federal land from the 
exchange until the value of the Federal land and non-Federal land is, 
to the maximum extent practicable, equal.
    (d) Appraisals.--(1) The value of the Federal land and non-Federal 
land shall be determined by appraisals prepared in accordance with the 
Uniform Appraisal Standards for Federal Land Acquisitions and the 
Uniform Standards of Professional Appraisal Practice.
    (2)(A) After the Secretary has reviewed and approved the final 
appraised values of the Federal land and non-Federal land to be 
exchanged, the Secretary shall not be required to reappraise or update 
the final appraised values before the completion of the land exchange.
    (B) This paragraph shall apply during the three-year period 
following the approval by the Secretary of the final appraised values 
of the Federal land and non-Federal land unless the Secretary and 
Yavapai Ranch have entered into an agreement to implement the exchange.
    (3) During the appraisal process, the appraiser shall determine the 
value of each parcel of Federal land and non-Federal land (including 
the contributory value of each individual section of the intermingled 
Federal and non-Federal land of the property described in sections 
103(a) and 104(a)(1)) as an assembled transaction.
    (4)(A) To ensure the timely and full disclosure to the public of 
the final appraised values of the Federal land and non-Federal land, 
the Secretary shall provide public notice of any appraisals approved by 
the Secretary and copies of such appraisals shall be available for 
public inspection in appropriate offices of the Prescott, Coconino, and 
Kaibab National Forests.
    (B) The Secretary shall also provide copies of any approved 
appraisals to the cities and the owners of the camps described in 
section 1711(1).
    (e) Contracting.--(1) If the Secretary lacks adequate staff or 
resources to complete the exchange by the date specified in section 
1716(c), Yavapai Ranch, subject to the agreement of the Secretary, may 
contract with independent third-party contractors to carry out any work 
necessary to complete the exchange by that date.
    (2) If, in accordance with this subsection, Yavapai Ranch contracts 
with an independent third-party contractor to carry out any work that 
would otherwise be performed by the Secretary, the Secretary shall 
reimburse Yavapai Ranch for the costs for the third-party contractors.
    (f) Easements.--(1) The exchange of non-Federal and Federal land 
under this subtitle shall be subject to any easements, rights-of-way, 
utility lines, and any other valid encumbrances in existence on the 
date of enactment of this subtitle, including acquired easements for 
water pipelines as generally depicted on the map entitled ``Yavapai 
Ranch Land Exchange, YRLP Acquired Easements for Water Lines'' dated 
April 2002, and any other reservations that may be agreed to by the 
Secretary and Yavapai Ranch.
    (2) Upon completion of the land exchange under this subtitle, the 
Secretary and Yavapai Ranch shall grant each other at no charge 
reciprocal easements for access and utilities across, over, and 
through--
            (A) the routes depicted on the map entitled ``Yavapai Ranch 
        Land Exchange, Road and Trail Easements, Yavapai Ranch Area'' 
        dated April 2002; and
            (B) any relocated routes that are agreed to by the 
        Secretary and Yavapai Ranch.
    (3) An easement described in paragraph (2) shall be unrestricted 
and non-exclusive in nature and shall run with and benefit the land.
    (g) Conveyance of Federal Land to Cities and Camps.--(1) Prior to 
the completion of the land exchange between Yavapai Ranch and the 
Secretary, the cities and the owners of the camps may enter into 
agreements with Yavapai Ranch whereby Yavapai Ranch, upon completion of 
the land exchange, will convey to the cities or the owners of the camps 
the applicable parcel of Federal land or portion thereof.
    (2) If Yavapai Ranch and the cities or camp owners have not entered 
into agreements in accordance with paragraph (1), the Secretary shall, 
on notification by the cities or owners of the camps no later than 30 
days after the date the relevant approved appraisal is made publicly 
available, delete the applicable parcel or portion thereof from the 
land exchange between Yavapai Ranch and the United States as follows:
            (A) Upon request of the City of Flagstaff, Arizona, the 
        parcels, or portion thereof, described in section 1714(a)(2).
            (B) Upon request of the City of Williams, Arizona, the 
        parcels, or portion thereof, described in section 1714(a)(3).
            (C) Upon request of the City of Camp Verde, Arizona, a 
        portion of the parcel described in section 1714(a)(4), 
        comprising approximately 514 acres located southeast of the 
        southeastern boundary of the I-17 right-of-way, and more 
        particularly described as the SE\1/4\ portion of the southeast 
        quarter of section 26, the E\1/2\ and the E\1/2\W\1/2\ portions 
        of section 35, and lots 5 through 7 of section 36, Township 14 
        North, Range 4 East, Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona.
            (D) Upon request of the owners of the Younglife Lost Canyon 
        camp, the parcel described in section 1714(a)(5).
            (E) Upon request of the owner of Friendly Pines Camp, 
        Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or Sky Y 
        Camp, as applicable, the corresponding parcel described in 
        section 1714(a)(6).
    (3)(A) Upon request of the specific city or camp referenced in 
paragraph (2), the Secretary shall convey to such city or camp all 
right, title, and interest of the United States in and to the 
applicable parcel of Federal land or portion thereof, upon payment of 
the fair market value of the parcel and subject to any terms and 
conditions the Secretary may require.
    (B) A conveyance under this paragraph shall not require new 
administrative or environmental analyses or appraisals beyond those 
prepared for the land exchange.
    (4) A city or owner of a camp purchasing land under this subsection 
shall reimburse Yavapai Ranch for any costs incurred which are directly 
associated with surveys and appraisals of the specific property 
conveyed.
    (5) A conveyance of land under this subsection shall not affect the 
timing of the land exchange.
    (6) Nothing in this subsection limits the authority of the 
Secretary or Yavapai Ranch to delete any of the parcels referenced in 
this subsection from the land exchange.
    (7)(A) The Secretary shall deposit the proceeds of any sale under 
paragraph (2) in a special account in the fund established under Public 
Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
    (B) Amounts deposited under subparagraph (A) shall be available to 
the Secretary, without further appropriation, to be used for the 
acquisition of land in the State of Arizona for addition to the 
National Forest System, including the land to be exchanged under this 
subtitle.

SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND.

    (a) In General.--The non-Federal land referred to in this subtitle 
consists of approximately 35,000 acres of privately-owned land within 
the boundaries of the Prescott National Forest, as generally depicted 
on the map entitled ``Yavapai Ranch Land Exchange, Non-Federal Lands'', 
dated April 2002.
    (b) Easements.--(1) The conveyance of non-Federal land to the 
United States under section 1712 shall be subject to the reservation 
of--
            (A) water rights and perpetual easements that run with and 
        benefit the land retained by Yavapai Ranch for--
                    (i) the operation, maintenance, repair, 
                improvement, development, and replacement of not more 
                than 3 wells in existence on the date of enactment of 
                this Act;
                    (ii) related storage tanks, valves, pumps, and 
                hardware; and
                    (iii) pipelines to point of use; and
            (B) easements for reasonable access to accomplish the 
        purposes of the easements described in subparagraph (A).
    (2) Each easement for an existing well referred to in paragraph (1) 
shall be 40 acres in area, and to the maximum extent practicable, 
centered on the existing well.
    (3) The United States shall be entitled to one-half the production 
of each existing or replacement well, not to exceed a total of 
3,100,000 gallons of water annually for National Forest System 
purposes.
    (4) The locations of the easements and wells shall be as generally 
depicted on the map entitled ``Yavapai Ranch Land Exchange, Reserved 
Easements for Water Lines and Wells'', dated April 2002.

SEC. 1714. DESCRIPTION OF FEDERAL LAND.

    (a) In General.--The Federal land referred to in this subtitle 
consists of the following:
            (1) Certain land comprising approximately 15,300 acres 
        located in the Prescott National Forest, as generally depicted 
        on the map entitled ``Yavapai Ranch Land Exchange, Yavapai 
        Ranch Area Federal Lands'', dated April 2002.
            (2) Certain land located in the Coconino National Forest--
                    (A) comprising approximately 1,500 acres as 
                generally depicted on the map entitled ``Yavapai Ranch 
                Land Exchange, Flagstaff Federal Lands Airport 
                Parcel'', dated April, 2002; and
                    (B) comprising approximately 28.26 acres in two 
                separate parcels, as generally depicted on the map 
                entitled ``Yavapai Ranch Land Exchange, Flagstaff 
                Federal Lands Wetzel School and Mt. Elden Parcels'', 
                dated September 2002.
            (3) Certain land located in the Kaibab National Forest, and 
        referred to as the Williams Airport, Williams golf course, 
        Williams Sewer, Buckskinner Park, Williams Railroad, and Well 
        parcels number 2, 3, and 4, cumulatively comprising 
        approximately 950 acres, as generally depicted on the map 
        entitled ``Yavapai Ranch Land Exchange, Williams Federal 
        Lands'', dated April 2002.
            (4) Certain land located in the Prescott National Forest, 
        comprising approximately 2,200 acres, as generally depicted on 
        the map entitled ``Yavapai Ranch Land Exchange, Camp Verde 
        Federal Land General Crook Parcel'', dated April 2002.
            (5) Certain land located in the Kaibab National Forest, 
        comprising approximately 237.5 acres, as generally depicted on 
        the map entitled ``Yavapai Ranch Land Exchange, Younglife Lost 
        Canyon'', dated April 2002.
            (6) Certain land located in the Prescott National Forest, 
        including the ``Friendly Pines'', ``Patterdale Pines'', ``Camp 
        Pearlstein'', ``Pine Summit'', and ``Sky Y'' camps, 
        cumulatively comprising approximately 200 acres, as generally 
        depicted on the map entitled ``Yavapai Ranch Land Exchange, 
        Prescott Federal Lands, Summer Youth Camp Parcels'', dated 
        April 2002.
    (b) Condition of Conveyance of Camp Verde Parcel.--(1) To conserve 
water in the Verde Valley, Arizona, and to minimize the adverse impacts 
from future development of the Camp Verde General Crook parcel 
described in subsection (a)(4) on current and future holders of water 
rights in existence of the date of enactment of this subtitle and the 
Verde River and National Forest System lands retained by the United 
States, the United States shall limit in perpetuity the use of water on 
the parcel by reserving conservation easements that--
            (A) run with the land;
            (B) prohibit golf course development on the parcel;
            (C) require that any public park or greenbelt on the parcel 
        be watered with treated wastewater;
            (D) limit total post-exchange water use on the parcel to 
        not more than 300 acre-feet of water per year;
            (E) provide that any water supplied by municipalities or 
        private water companies shall count towards the post-exchange 
        water use limitation described in subparagraph (D); and
            (F) except for water supplied to the parcel by municipal 
        water service providers or private water companies, require 
        that any water used for the parcel not be withdrawn from wells 
        perforated in the saturated Holocene alluvium of the Verde 
        River.
    (2) If Yavapai Ranch conveys the Camp Verde parcel described in 
subsection (a)(4), or any portion thereof, the terms of conveyance 
shall include a recorded and binding agreement of the quantity of water 
available for use on the land conveyed, as determined by Yavapai Ranch, 
except that total water use on the Camp Verde parcel may not exceed the 
amount specified in paragraph (1)(D).
    (3) The Secretary may enter into a memorandum of understanding with 
the State or political subdivision of the State to enforce the terms of 
the conservation easement.

SEC. 1715. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

    (a) In General.--Land acquired by the United States under this 
subtitle shall become part of the Prescott National Forest and shall be 
administered by the Secretary in accordance with this subtitle and the 
laws applicable to the National Forest System.
    (b) Grazing.--Where grazing on non-Federal land acquired by the 
Secretary under this subtitle occurs prior to the date of enactment of 
this Act, the Secretary may manage the land to allow for continued 
grazing use, in accordance with the laws generally applicable to 
domestic livestock grazing on National Forest System land.
    (c) Timber Harvesting.--(1) After completion of the land exchange 
under this subtitle, except as provided in paragraph (2), commercial 
timber harvesting shall be prohibited on the non-Federal land acquired 
by the United States.
    (2) Timber harvesting may be conducted on the non-Federal land 
acquired under this subtitle if the Secretary determines that such 
harvesting is necessary--
            (A) to prevent or control fires, insects, and disease 
        through forest thinning or other forest management techniques;
            (B) to protect or enhance grassland habitat, watershed 
        values, native plants and wildlife species; or
            (C) to improve forest health.

SEC. 1716. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders.--Any public orders withdrawing any of the 
Federal land from appropriation or disposal under the public land laws 
are revoked to the extent necessary to permit disposal of the Federal 
land.
    (b) Withdrawal of Federal Land.--Subject to valid existing rights, 
the Federal land is withdrawn from all forms of entry and appropriation 
under the public land laws; location, entry, and patent under the 
mining laws; and operation of the mineral leasing and geothermal 
leasing laws, until the date on which the land exchange is completed.
    (c) Completion of Exchange.--It is the intent of Congress that the 
land exchange authorized and directed under this subtitle be completed 
not later than 18 months after the date of enactment of this Act.

SEC. 1717. CONVEYANCE OF ADDITIONAL LAND.

    (a) In General--The Secretary shall convey to a person that 
represents the majority of landowners with encroachments on the lot by 
quitclaim deed the parcel of land described in subsection (b).
    (b) Description of Land.--The parcel of land referred to in 
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt 
River Base and Meridian, Coconino County, Arizona.
    (c) Amount of Consideration.--In exchange for the land described in 
subsection (b), the person acquiring the land shall pay to the 
Secretary consideration in the amount of--
            (1) $2500; plus
            (2) any costs of re-monumenting the boundary of land.
    (d) Timing.--(1) Not later than 90 days after the date on which the 
Secretary receives a power of attorney executed by the person acquiring 
the land, the Secretary shall convey to the person the land described 
in subsection (b).
    (2) If, by the date that is 270 days after the date of enactment of 
this Act, the Secretary does not receive the power of attorney 
described in paragraph (1)--
            (A) the authority provided under this section shall 
        terminate; and
            (B) any conveyance of the land shall be made under Public 
        Law 97-465 (16 U.S.C. 521c et seq.).

               Subtitle B--Verde River Basin Partnership

SEC. 1721. PURPOSE.

    The purpose of this subtitle is to authorize assistance for a 
collaborative and science-based water resource planning and management 
partnership for the Verde River Basin in the State of Arizona, 
consisting of members that represent--
            (1) Federal, State, and local agencies; and
            (2) economic, environmental, and community water interests 
        in the Verde River Basin.

SEC. 1722. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the Arizona Department of Water Resources.
            (2) Partnership.--The term ``Partnership'' means the Verde 
        River Basin Partnership.
            (3) Plan.--The term ``plan'' means the plan for the Verde 
        River Basin required by section 1724(a)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) State.--The term ``State'' means the State of Arizona.
            (6) Verde river basin.--The term ``Verde River Basin'' 
        means the land area designated by the Arizona Department of 
        Water Resources as encompassing surface water and groundwater 
        resources, including drainage and recharge areas with a 
        hydrologic connection to the Verde River.
            (7) Water budget.--The term ``water budget'' means the 
        accounting of--
                    (A) the quantities of water leaving the Verde River 
                Basin--
                            (i) as discharge to the Verde River and 
                        tributaries;
                            (ii) as subsurface outflow;
                            (iii) as evapotranspiration by riparian 
                        vegetation;
                            (iv) as surface evaporation;
                            (v) for agricultural use; and
                            (vi) for human consumption; and
                    (B) the quantities of water replenishing the Verde 
                River Basin by precipitation, infiltration, and 
                subsurface inflows.

SEC. 1723. VERDE RIVER BASIN PARTNERSHIP.

    (a) In General.--The Secretary may participate in the establishment 
of a partnership, to be known as the ``Verde River Basin Partnership'', 
made up of Federal, State, local governments, and other entities with 
responsibilities and expertise in water to coordinate and cooperate in 
the identification and implementation of comprehensive science-based 
policies, projects, and management activities relating to the Verde 
River Basin.
    (b) Authorization of Appropriations.--On establishment of the 
Partnership, there are authorized to be appropriated to the Secretary 
and the Secretary of the Interior such sums as are necessary to carry 
out the activities of the Partnership for each of fiscal years 2005 
through 2009.

SEC. 1724. VERDE RIVER BASIN STUDIES.

    (a) Studies.--
            (1) In general.--The Partnership shall prepare a plan for 
        conducting water resource studies in the Verde River Basin that 
        identifies--
                    (A) the primary study objectives to fulfill water 
                resource planning and management needs for the Verde 
                River Basin; and
                    (B) the water resource studies, hydrologic models, 
                surface and groundwater monitoring networks, and other 
                analytical tools helpful in the identification of long-
                term water supply management options within the Verde 
                River Basin.
            (2) Requirements.--At a minimum, the plan shall--
                    (A) include a list of specific studies and analyses 
                that are needed to support Partnership planning and 
                management decisions;
                    (B) identify any ongoing or completed water 
                resource or riparian studies that are relevant to water 
                resource planning and management for the Verde River 
                Basin;
                    (C) describe the estimated cost and duration of the 
                proposed studies and analyses; and
                    (D) designate as a study priority the compilation 
                of a water budget analysis for the Verde Valley.
    (b) Verde Valley Water Budget Analysis.--
            (1) In general.--Subject to the availability of 
        appropriations, not later than 14 months after the date of 
        enactment of this Act, the Director of the U.S. Geological 
        Survey, in cooperation with the Director, shall prepare and 
        submit to the Partnership a report that provides a water budget 
        analysis of the portion of the Verde River Basin within the 
        Verde Valley.
            (2) Components.--The report submitted under paragraph (1) 
        shall include--
                    (A) a summary of the information available on the 
                hydrologic flow regime for the portion of the Middle 
                Verde River from the Clarkdale streamgauging station to 
                the city of Camp Verde at United States Geological 
                Survey Stream Gauge 09506000;
                    (B) with respect to the portion of the Middle Verde 
                River described in subparagraph (A), estimates of--
                            (i) the inflow and outflow of surface water 
                        and groundwater;
                            (ii) annual consumptive water use; and
                            (iii) changes in groundwater storage; and
                    (C) an analysis of the potential long-term 
                consequences of various water use scenarios on 
                groundwater levels and Verde River flows.
    (c) Preliminary Report and Recommendations.--.
            (1) In general.--Not later than 16 months after the date of 
        enactment of this Act, using the information provided in the 
        report submitted under subsection (b) and any other relevant 
        information, the Partnership shall submit to the Secretary, the 
        Governor of Arizona, and representatives of the Verde Valley 
        communities, a preliminary report that sets forth the findings 
        and recommendations of the Partnership regarding the long-term 
        available water supply within the Verde Valley.
            (2) Consideration of recommendations.--The Secretary may 
        take into account the recommendations included in the report 
        submitted under paragraph (1) with respect to decisions 
        affecting land under the jurisdiction of the Secretary, 
        including any future sales or exchanges of Federal land in the 
        Verde River Basin after the date of enactment of this Act.
            (3) Effect.--Any recommendations included in the report 
        submitted under paragraph (1) shall not affect the land 
        exchange process or the appraisals of the Federal land and non-
        Federal land conducted under sections 103 and 104.

SEC. 1725. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.

    Not later than 4 years after the date of enactment of this Act, the 
Partnership shall submit to the Secretary and the Governor of Arizona a 
final report that--
            (1) includes a summary of the results of any water resource 
        assessments conducted under this subtitle in the Verde River 
        Basin;
            (2) identifies any areas in the Verde River Basin that are 
        determined to have groundwater deficits or other current or 
        potential water supply problems;
            (3) identifies long-term water supply management options 
        for communities and water resources within the Verde River 
        Basin; and
            (4) identifies water resource analyses and monitoring 
        needed to support the implementation of management options.

SEC. 1726. MEMORANDUM OF UNDERSTANDING.

    The Secretary (acting through the Chief of the Forest Service) and 
the Secretary of the Interior, shall enter into a memorandum of 
understanding authorizing the United States Geological Survey to access 
Forest Service land (including stream gauges, weather stations, wells, 
or other points of data collection on the Forest Service land) to carry 
out this subtitle.

SEC. 1727. EFFECT.

    Nothing in this title diminishes or expands State or local 
jurisdiction, responsibilities, or rights with respect to water 
resource management or control.

 TITLE XVIII--PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2004

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Pactola Reservoir Reallocation 
Authorization Act of 2004''.

SEC. 1802. FINDINGS.

    Congress finds that--
            (1) it is appropriate to reallocate the costs of the 
        Pactola Dam and Reservoir, South Dakota, to reflect increased 
        demands for municipal, industrial, and fish and wildlife 
        purposes; and
            (2) section 302 of the Department of Energy Organization 
        Act (42 U.S.C. 7152) prohibits such a reallocation of costs 
        without congressional approval.

SEC. 1803. REALLOCATION OF COSTS OF PACTOLA DAM AND RESERVOIR, SOUTH 
              DAKOTA.

    The Secretary of the Interior may, as provided in the contract of 
August 2001 entered into between Rapid City, South Dakota, and the 
Rapid Valley Conservancy District, reallocate, in a manner consistent 
with Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.)), the construction costs of Pactola Dam and 
Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin Program, South 
Dakota, from irrigation purposes to municipal, industrial, and fish and 
wildlife purposes.

            Amend the title so as to read: ``An Act to authorize the 
        Secretary of the Interior to provide supplemental funding and 
        other services that are necessary to assist certain local 
        school districts in the State of California in providing 
        educational services for students attending schools located 
        within Yosemite National Park, to authorize the Secretary of 
        the Interior to adjust the boundaries of the Golden Gate 
        National Recreation Area, and for other purposes.''.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 620

_______________________________________________________________________

                               AMENDMENTS
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