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:

1 TITLE I—YOSEMITE NATIONAL

2 PARK AUTHORIZED PAYMENTS.

3 SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.

4 (a) IN GENERAL.—(1) For fiscal years 2005 through

5 2008, the Secretary of the Interior may provide funds to

6 the Bass Lake Joint Union Elementary School District and

7 the Mariposa Unified School District in the State of Cali8 fornia for educational services to students—
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1 (A) who are dependents of persons engaged in the

2 administration, operation, and maintenance of Yo3 semite National Park; or

4 (B) who live within or near the park upon real

5 property owned by the United States.

6 (2) The Secretary’s authority to make payments under

7 this section shall terminate if the State of California or

8 local education agencies do not continue to provide funding

9 to the schools referred to in subsection (a) at per student

10 levels that are no less than the amount provided in fiscal

11 year 2004.

12 (b) LIMITATION ON USE OF FUNDS.—Payments made

13 under this section shall only be used to pay public employ14 ees for educational services provided in accordance with

15 subsection (a). Payments may not be used for construction,

16 construction contracts, or major capital improvements.

17 (c) LIMITATION ON AMOUNT OF FUNDS.—Payments

18 made under this section shall not exceed the lesser of—

19 (1) $400,000 in any fiscal year; or

20 (2) the amount necessary to provide students de21 scribed in subsection (a) with educational services

22 that are normally provided and generally available to

23 students who attend public schools elsewhere in the

24 State of California.
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1 (d) SOURCE OF PAYMENTS.—(1) Except as otherwise

2 provided in this subsection, the Secretary may use funds

3 available to the National Park Service from appropriations,

4 donations, or fees.

5 (2) Funds from the following sources shall not be used

6 to make payments under this section:

7 (A) Any law authorizing the collection or ex8 penditure of entrance or use fees at units of the Na9 tional Park System, including the Land and Water

10 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et

11 seq.); the recreational fee demonstration program es12 tablished under section 315 of the Department of the

13 Interior and Related Agencies Appropriations Act,

14 1996 (16 U.S.C. 460l–6a note); and the National

15 Park Passport Program established under section 602

16 of the National Parks Omnibus Management Act of

17 1998 (16 U.S.C. 5992).

18 (B) Emergency appropriations for flood recovery

19 at Yosemite National Park.

20 (3)(A) The Secretary may use an authorized funding

21 source to make payments under this section only if the

22 funding available to Yosemite National Park from such

23 source (after subtracting any payments to the school dis24 tricts authorized under this section) is greater than or equal
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1 to the amount made available to the park for the prior fiscal

2 year, or in fiscal year 2004, whichever is greater.

3 (B) It is the sense of Congress that any payments made

4 under this section should not result in a reduction of funds

5 to Yosemite National Park from any specific funding

6 source, and that with respect to appropriated funds, fund7 ing levels should reflect annual increases in the park’s oper8 ating base funds that are generally made to units of the

9 National Park System.

10 SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LO11 CATED OUTSIDE THE BOUNDARIES OF YO12 SEMITE NATIONAL PARK.

13 (a) FUNDING AUTHORITY FOR TRANSPORTATION SYS14 TEMS AND EXTERNAL FACILITIES.—Section 814(c) of the

15 Omnibus Parks and Public Lands Management Act of 1996

16 (16 U.S.C. 346e) is amended—

17 (1) in the heading by inserting ‘‘AND YOSEMITE

18 NATIONAL PARK’’ after ‘‘ZION NATIONAL PARK’’;

19 (2) in the first sentence—

20 (A) by inserting ‘‘and Yosemite National

21 Park’’ after ‘‘Zion National Park’’; and

22 (B) by inserting ‘‘for transportation systems

23 or’’ after ‘‘appropriated funds’’; and

24 (3) in the second sentence by striking ‘‘facilities’’

25 and inserting ‘‘systems or facilities’’.
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1 (b) CLARIFYING AMENDMENT FOR TRANSPORTATION

2 FEE AUTHORITY.—Section 501 of the National Parks Om3 nibus Management Act of 1998 (16 U.S.C. 5981) is amend4 ed in the first sentence by striking ‘‘service contract’’ and

5 inserting ‘‘service contract, cooperative agreement, or other

6 contractual arrangement’’.

7 TITLE II—RANCHO CORRAL DE

8 TIERRA GOLDEN GATE NA9 TIONAL RECREATION AREA

10 BOUNDARY ADJUSTMENT

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Rancho Corral de Tier13 ra Golden Gate National Recreation Area Boundary Ad14 justment Act’’.

15 SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA,

16 CALIFORNIA.

17 (a) BOUNDARY ADJUSTMENT.—Section 2(a) of Public

18 Law 92–589 (16 U.S.C. 460bb–1(a)) is amended—

19 (1) by striking ‘‘The recreation area shall com20 prise’’ and inserting the following:

21 ‘‘(1) INITIAL LANDS.—The recreation area shall

22 comprise’’; and

23 (2) by striking ‘‘The following additional lands

24 are also’’ and all that follows through the period at
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1 the end of the subsection and inserting the following

2 new paragraphs:

3 ‘‘(2) ADDITIONAL LANDS.—In addition to the

4 lands described in paragraph (1), the recreation area

5 shall include the following:

6 ‘‘(A) The parcels numbered by the Assessor

7 of Marin County, California, 119–040–04, 119–

8 040–05, 119–040–18, 166–202–03, 166–010–06,

9 166–010–07, 166–010–24, 166–010–25, 119–

10 240–19, 166–010–10, 166–010–22, 119–240–03,

11 119–240–51, 119–240–52, 119–240–54, 166–

12 010–12, 166–010–13, and 119–235–10.

13 ‘‘(B) Lands and waters in San Mateo

14 County generally depicted on the map entitled

15 ‘Sweeney Ridge Addition, Golden Gate National

16 Recreation Area’, numbered NRA GG–80,000–A,

17 and dated May 1980.

18 ‘‘(C) Lands acquired under the Golden Gate

19 National Recreation Area Addition Act of 1992

20 (16 U.S.C. 460bb–1 note; Public Law 102–299).

21 ‘‘(D) Lands generally depicted on the map

22 entitled ‘Additions to Golden Gate National

23 Recreation Area’, numbered NPS–80–076, and

24 dated July 2000/PWR–PLRPC.
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1 ‘‘(E) Lands generally depicted on the map

2 entitled ‘Rancho Corral de Tierra Additions to

3 the Golden Gate National Recreation Area’,

4 numbered NPS–80,079E, and dated March 2004.

5 ‘‘(3) ACQUISITION LIMITATION.—The Secretary

6 may acquire land described in paragraph (2)(E) only

7 from a willing seller.’’.

8 (b) ADVISORY COMMISSION.—Section 5 of Public Law

9 92–589 (16 U.S.C. 460bb–4) is amended—

10 (1) by striking subsection (b) and inserting the

11 following new subsection:

12 ‘‘(b) MEMBERSHIP.—The Commission shall be com13 posed of 18 members appointed by the Secretary for terms

14 of five years each. In appointing such members, the Sec15 retary shall ensure that the interests of local, historic rec16 reational users of the recreation area are represented.’’; and

17 (2) in subsection (g), by striking ‘‘cease to exist

18 thirty years after the enactment of this Act’’ and in19 serting ‘‘terminate on December 31, 2014’’.

20 SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY

21 COMMISSION.

22 Section 105(h) of Public Law 102–248 (16 U.S.C. 461

23 note) is amended by striking ‘‘10 years after the date of

24 enactment of this title’’ and inserting ‘‘on December 31,

25 2013’’.
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1 TITLE III—OJITO WILDERNESS

2 SEC. 301. SHORT TITLE.

3 This title may be cited as the ‘‘Ojito Wilderness Act’’.

4 SEC. 302. DEFINITIONS.

5 In this title:

6 (1) PUEBLO.—The term ‘‘Pueblo’’ means the

7 Pueblo of Zia.

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

9 the Secretary of the Interior.

10 (3) STATE.—The term ‘‘State’’ means the State

11 of New Mexico.

12 (4) MAP.—The term ‘‘map’’ means the map enti13 tled ‘‘Ojito Wilderness Act’’ and dated October 1,

14 2004.

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

16 means the Ojito Wilderness designated under section

17 303(a).

18 SEC. 303. DESIGNATION OF THE OJITO WILDERNESS.

19 (a) IN GENERAL.—In furtherance of the purposes of

20 the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby

21 designated as wilderness, and, therefore, as a component of

22 the National Wilderness Preservation System, certain land

23 in the Albuquerque District-Bureau of Land Management,

24 New Mexico, which comprise approximately 11,183 acres,
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1 as generally depicted on the map, and which shall be known

2 as the ‘‘Ojito Wilderness’’.

3 (b) MAP AND LEGAL DESCRIPTION.—The map and a

4 legal description of the Wilderness shall—

5 (1) be filed by the Secretary with the Committee

6 on Energy and Natural Resources of the Senate and

7 the Committee on Resources of the House of Rep8 resentatives as soon as practicable after the date of the

9 enactment of this Act;

10 (2) have the same force and effect as if included

11 in this title, except that the Secretary may correct

12 clerical and typographical errors in the legal descrip13 tion and map; and

14 (3) be on file and available for public inspection

15 in the appropriate offices of the Bureau of Land

16 Management.

17 (c) MANAGEMENT OF WILDERNESS.—Subject to valid

18 existing rights, the Wilderness shall be managed by the Sec19 retary in accordance with the Wilderness Act (16 U.S.C.

20 1131 et seq.) and this title, except that, with respect to the

21 Wilderness, any reference in the Wilderness Act to the effec22 tive date of the Wilderness Act shall be deemed to be a ref23 erence to the date of the enactment of this Act.

24 (d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If ac25 quired by the United States, the following land shall become
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1 part of the Wilderness and shall be managed in accordance

2 with this title and other laws applicable to the Wilderness:

3 (1) Section 12 of township 15 north, range 01

4 west, New Mexico Principal Meridian.

5 (2) Any land within the boundaries of the Wil6 derness.

7 (e) MANAGEMENT OF LANDS TO BE ADDED.—The

8 lands generally depicted on the map as ‘‘Lands to be

9 Added’’ shall become part of the Wilderness if the United

10 States acquires, or alternative adequate access is available

11 to, section 12 of township 15 north, range 01 west.

12 (f) RELEASE.—The Congress hereby finds and directs

13 that the lands generally depicted on the map as ‘‘Lands

14 to be Released’’ have been adequately studied for wilderness

15 designation pursuant to section 603 of the Federal Land

16 Policy and Management Act of 1976 (43 U.S.C. 1782) and

17 no longer are subject to the requirement of section 603(c)

18 of such Act (43 U.S.C. 1782(c)) pertaining to the manage19 ment of wilderness study areas in a manner that does not

20 impair the suitability of such areas for preservation as wil21 derness.

22 (g) GRAZING.—Grazing of livestock in the Wilderness,

23 where established before the date of the enactment of this

24 Act, shall be administered in accordance with the provisions

25 of section 4(d)(4) of the Wilderness Act (16 U.S.C.
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1 1133(d)(4)) and the guidelines set forth in Appendix A of

2 the Report of the Committee on Interior and Insular Affairs

3 to accompany H.R. 2570 of the One Hundred First Con4 gress (H. Rept. 101–405).

5 (h) FISH AND WILDLIFE.—As provided in section

6 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth7 ing in this section shall be construed as affecting the juris8 diction or responsibilities of the State with respect to fish

9 and wildlife in the State.

10 (i) WATER RIGHTS.—

11 (1) FINDINGS.—Congress finds that—

12 (A) the land designated as Wilderness by

13 this title is arid in nature and is generally not

14 suitable for use or development of new water re15 source facilities; and

16 (B) because of the unique nature and hy17 drology of the desert land designated as wilder18 ness by this title, it is possible to provide for

19 proper management and protection of the wilder20 ness and other values of lands in ways different

21 from those used in other legislation.

22 (2) STATUTORY CONSTRUCTION.—Nothing in this

23 title—

24 (A) shall constitute or be construed to con25 stitute either an express or implied reservation
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1 by the United States of any water or water

2 rights with respect to the land designated as wil3 derness by this title;

4 (B) shall affect any water rights in the

5 State existing on the date of the enactment of

6 this Act, including any water rights held by the

7 United States;

8 (C) shall be construed as establishing a

9 precedent with regard to any future wilderness

10 designations;

11 (D) shall affect the interpretation of, or any

12 designation made pursuant to, any other Act; or

13 (E) shall be construed as limiting, altering,

14 modifying, or amending any of the interstate

15 compacts or equitable apportionment decrees that

16 apportion water among and between the State

17 and other States.

18 (3) NEW MEXICO WATER LAW.—The Secretary

19 shall follow the procedural and substantive require20 ments of the law of the State in order to obtain and

21 hold any water rights not in existence on the date of

22 enactment of this Act with respect to the wilderness

23 areas designated by this title.

24 (4) NEW PROJECTS.—
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1 (A) WATER RESOURCE FACILITY.—As used

2 in this subsection, the term ‘‘water resource

3 facility’’—

4 (i) means irrigation and pumping fa5 cilities, reservoirs, water conservation

6 works, aqueducts, canals, ditches, pipelines,

7 wells, hydropower projects, and trans8 mission and other ancillary facilities, and

9 other water diversion, storage, and carriage

10 structures; and

11 (ii) does not include wildlife guzzlers.

12 (B) RESTRICTION ON NEW WATER RE13 SOURCE FACILITIES.—Except as otherwise pro14 vided in this Act, on and after the date of the

15 enactment of this Act, neither the President nor

16 any other officer, employee, or agent of the

17 United States shall fund, assist, authorize, or

18 issue a license or permit for the development of

19 any new water resource facility within the wil20 derness area designated by this title.

21 (j) WITHDRAWAL.—Subject to valid existing rights, the

22 Wilderness, the lands to be added under subsection (e), and

23 lands identified on the map as the ‘‘BLM Lands Authorized

24 to be Acquired by the Pueblo of Zia’’ are withdrawn from—
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1 (1) all forms of entry, appropriation, and dis2 posal under the public land laws;

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

4 laws; and

5 (3) operation of the mineral leasing, mineral

6 materials, and geothermal leasing laws.

7 (k) EXCHANGE.—Not later than 3 years after the date

8 of the enactment of this Act, the Secretary shall seek to com9 plete an exchange for State land within the boundaries of

10 the Wilderness.

11 SEC. 304. LAND HELD IN TRUST.

12 (a) IN GENERAL.—Subject to valid existing rights and

13 the conditions under subsection (d), all right, title, and in14 terest of the United States in and to the lands (including

15 improvements, appurtenances, and mineral rights to the

16 lands) generally depicted on the map as ‘‘BLM Lands Au17 thorized to be Acquired by the Pueblo of Zia’’ shall, on re18 ceipt of consideration under subsection (c) and adoption

19 and approval of regulations under subsection (d), be de20 clared by the Secretary to be held in trust by the United

21 States for the Pueblo and shall be part of the Pueblo’s Res22 ervation.

23 (b) DESCRIPTION OF LANDS.—The boundary of the

24 lands authorized by this section for acquisition by the Pueb25 lo where generally depicted on the map as immediately ad-
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1 jacent to CR906, CR923, and Cucho Arroyo Road shall be

2 100 feet from the center line of the road.

3 (c) CONSIDERATION.—

4 (1) IN GENERAL.—In consideration for the con5 veyance authorized under subsection (a), the Pueblo

6 shall pay to the Secretary the amount that is equal

7 to the fair market value of the land conveyed, as sub8 ject to the terms and conditions in subsection (d), as

9 determined by an independent appraisal.

10 (2) APPRAISAL.—To determine the fair market

11 value, the Secretary shall conduct an appraisal paid

12 for by the Pueblo that is performed in accordance

13 with the Uniform Appraisal Standards for Federal

14 Land Acquisitions and the Uniform Standards of

15 Professional Appraisal Practice.

16 (3) AVAILABILITY.—Any amounts paid under

17 paragraph (1) shall be available to the Secretary,

18 without further appropriation and until expended, for

19 the acquisition from willing sellers of land or interests

20 in land in the State.

21 (d) PUBLIC ACCESS.—

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

23 declaration of trust and conveyance under subsection

24 (a) shall be subject to the continuing right of the pub25 lic to access the land for recreational, scenic, sci-
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1 entific, educational, paleontological, and conservation

2 uses, subject to any regulations for land management

3 and the preservation, protection, and enjoyment of the

4 natural characteristics of the land that are adopted

5 by the Pueblo and approved by the Secretary; Pro6 vided that the Secretary shall ensure that the rights

7 provided for in this paragraph are protected and that

8 a process for resolving any complaints by an ag9 grieved party is established.

10 (2) CONDITIONS.—Except as provided in sub11 section (f)—

12 (A) IN GENERAL.—The land conveyed under

13 subsection (a) shall be maintained as open space,

14 and the natural characteristics of the land shall

15 be preserved in perpetuity.

16 (B) PROHIBITED USES.—The use of motor17 ized vehicles (except on existing roads or as is

18 necessary for the maintenance and repair of fa19 cilities used in connection with grazing oper20 ations), mineral extraction, housing, gaming,

21 and other commercial enterprises shall be prohib22 ited within the boundaries of the land conveyed

23 under subsection (a).

24 (e) RIGHTS OF WAY.—
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1 (1) EXISTING RIGHTS OF WAY.—Nothing in this

2 section shall affect—

3 (A) any validly issued right-of-way, or the

4 renewal thereof; or

5 (B) the access for customary construction,

6 operation, maintenance, repair, and replacement

7 activities in any right-of-way issued, granted, or

8 permitted by the Secretary.

9 (2) NEW RIGHTS OF WAY AND RENEWALS.—

10 (A) IN GENERAL.—The Pueblo shall grant

11 any reasonable requests for rights-of-way for

12 utilities and pipelines over land acquired under

13 subsection (a) that is designated as the Rights14 of-Way corridor #1 as established in the Rio

15 Puerco Resource Management Plan in effect on

16 the date of the grant.

17 (B) ADMINISTRATION.—Any right-of-way

18 issued or renewed after the date of the enactment

19 of this Act over land authorized to be conveyed

20 by this section shall be administered in accord21 ance with the rules, regulations, and fee payment

22 schedules of the Department of the Interior, in23 cluding the Rio Puerco Resources Management

24 Plan in effect on the date of issuance or renewal

25 of the right-of-way.
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1 (f) JUDICIAL RELIEF.—

2 (1) IN GENERAL.—To enforce subsection (d), any

3 person may bring a civil action in the United States

4 District Court for the District of New Mexico seeking

5 declaratory or injunctive relief.

6 (2) SOVEREIGN IMMUNITY.—The Pueblo shall not

7 assert sovereign immunity as a defense or bar to a

8 civil action brought under paragraph (1).

9 (3) EFFECT.—Nothing in this section—

10 (A) authorizes a civil action against the

11 Pueblo for money damages, costs, or attorneys

12 fees; or

13 (B) except as provided in paragraph (2),

14 abrogates the sovereign immunity of the Pueblo.

15 TITLE IV—WIND CAVE NATIONAL

16 PARK BOUNDARY REVISION

17 SEC. 401. SHORT TITLE.

18 This title may be cited as the ‘‘Wind Cave National

19 Park Boundary Revision Act of 2004’’.

20 SEC. 402. DEFINITIONS.

21 In this title:

22 (1) MAP.—The term ‘‘map’’ means the map enti23 tled ‘‘Wind Cave National Park Boundary Revision’’,

24 numbered 108/80,030, and dated June 2002.
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1 (2) PARK.—The term ‘‘Park’’ means the Wind

2 Cave National Park in the State.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 (4) STATE.—The term ‘‘State’’ means the State

6 of South Dakota.

7 SEC. 403. LAND ACQUISITION.

8 (a) AUTHORITY.—

9 (1) IN GENERAL.—The Secretary may acquire

10 the land or interest in land described in subsection

11 (b)(1) for addition to the Park.

12 (2) MEANS.—An acquisition of land under para13 graph (1) may be made by donation, purchase from

14 a willing seller with donated or appropriated funds,

15 or exchange.

16 (b) BOUNDARY.—

17 (1) MAP AND ACREAGE.—The land referred to in

18 subsection (a)(1) shall consist of approximately 5,675

19 acres, as generally depicted on the map.

20 (2) AVAILABILITY OF MAP.—The map shall be on

21 file and available for public inspection in the appro22 priate offices of the National Park Service.

23 (3) REVISION.—The boundary of the Park shall

24 be adjusted to reflect the acquisition of land under

25 subsection (a)(1).
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1 SEC. 404. ADMINISTRATION.

2 (a) IN GENERAL.—The Secretary shall administer any

3 land acquired under section 403(a)(1) as part of the Park

4 in accordance with laws (including regulations) applicable

5 to the Park.

6 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION.—

7 (1) IN GENERAL.—The Secretary shall transfer

8 from the Director of the Bureau of Land Management

9 to the Director of the National Park Service adminis10 trative jurisdiction over the land described in para11 graph (2).

12 (2) MAP AND ACREAGE.—The land referred to in

13 paragraph (1) consists of the approximately 80 acres

14 of land identified on the map as ‘‘Bureau of Land

15 Management land’’.

16 SEC. 405. GRAZING.

17 (a) GRAZING PERMITTED.—Subject to any permits or

18 leases in existence as of the date of acquisition, the Sec19 retary may permit the continuation of livestock grazing on

20 land acquired under section 403(a)(1).

21 (b) LIMITATION.—Grazing under subsection (a) shall

22 be at not more than the level existing on the date on which

23 the land is acquired under section 403(a)(1).

24 (c) PURCHASE OF PERMIT OR LEASE.—The Secretary

25 may purchase the outstanding portion of a grazing permit

26 or lease on any land acquired under section 403(a)(1).
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1 (d) TERMINATION OF LEASES OR PERMITS.—The Sec2 retary may accept the voluntary termination of a permit

3 or lease for grazing on any acquired land.

4 TITLE V—BLUNT RESERVOIR

5 AND PIERRE CANAL LAND

6 CONVEYANCE

7 SEC. 501. SHORT TITLE.

8 This title may be cited as the ‘‘Blunt Reservoir and

9 Pierre Canal Land Conveyance Act of 2004’’.

10 SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL.

11 (a) DEFINITIONS.—In this section:

12 (1) BLUNT RESERVOIR FEATURE.—The term

13 ‘‘Blunt Reservoir feature’’ means the Blunt Reservoir

14 feature of the Oahe Unit, James Division, authorized

15 by the Act of August 3, 1968 (82 Stat. 624), as part

16 of the Pick-Sloan Missouri River Basin program.

17 (2) COMMISSION.—The term ‘‘Commission’’

18 means the Commission of Schools and Public Lands

19 of the State.

20 (3) NONPREFERENTIAL LEASE PARCEL.—The

21 term ‘‘nonpreferential lease parcel’’ means a parcel of

22 land that—

23 (A) was purchased by the Secretary for use

24 in connection with the Blunt Reservoir feature or

25 the Pierre Canal feature; and
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1 (B) was considered to be a nonpreferential

2 lease parcel by the Secretary as of January 1,

3 2001, and is reflected as such on the roster of

4 leases of the Bureau of Reclamation for 2001.

5 (4) PIERRE CANAL FEATURE.—The term ‘‘Pierre

6 Canal feature’’ means the Pierre Canal feature of the

7 Oahe Unit, James Division, authorized by the Act of

8 August 3, 1968 (82 Stat. 624), as part of the Pick9 Sloan Missouri River Basin program.

10 (5) PREFERENTIAL LEASEHOLDER.—The term

11 ‘‘preferential leaseholder’’ means a person or descend12 ant of a person that held a lease on a preferential

13 lease parcel as of January 1, 2001, and is reflected

14 as such on the roster of leases of the Bureau of Rec15 lamation for 2001.

16 (6) PREFERENTIAL LEASE PARCEL.—The term

17 ‘‘preferential lease parcel’’ means a parcel of land

18 that—

19 (A) was purchased by the Secretary for use

20 in connection with the Blunt Reservoir feature or

21 the Pierre Canal feature; and

22 (B) was considered to be a preferential lease

23 parcel by the Secretary as of January 1, 2001,

24 and is reflected as such on the roster of leases of

25 the Bureau of Reclamation for 2001.
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1 (7) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior, acting through the Com3 missioner of Reclamation.

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

5 of South Dakota, including a successor in interest of

6 the State.

7 (9) UNLEASED PARCEL.—The term ‘‘unleased

8 parcel’’ means a parcel of land that—

9 (A) was purchased by the Secretary for use

10 in connection with the Blunt Reservoir feature or

11 the Pierre Canal feature; and

12 (B) is not under lease as of the date of en13 actment of this Act.

14 (b) DEAUTHORIZATION.—The Blunt Reservoir feature

15 is deauthorized.

16 (c) ACCEPTANCE OF LAND AND OBLIGATIONS.—

17 (1) IN GENERAL.—As a condition of each convey18 ance under subsections (d)(5) and (e), respectively, the

19 State shall agree to accept—

20 (A) in ‘‘as is’’ condition, the portions of the

21 Blunt Reservoir Feature and the Pierre Canal

22 Feature that pass into State ownership;

23 (B) any liability accruing after the date of

24 conveyance as a result of the ownership, oper25 ation, or maintenance of the features referred to
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1 in subparagraph (A), including liability associ2 ated with certain outstanding obligations associ3 ated with expired easements, or any other right

4 granted in, on, over, or across either feature; and

5 (C) the responsibility that the Commission

6 will act as the agent for the Secretary in admin7 istering the purchase option extended to pref8 erential leaseholders under subsection (d).

9 (2) RESPONSIBILITIES OF THE STATE.—An out10 standing obligation described in paragraph (1)(B)

11 shall inure to the benefit of, and be binding upon, the

12 State.

13 (3) OIL, GAS, MINERAL AND OTHER OUT14 STANDING RIGHTS.—A conveyance to the State under

15 subsection (d)(5) or (e) or a sale to a preferential

16 leaseholder under subsection (d) shall be made subject

17 to—

18 (A) oil, gas, and other mineral rights re19 served of record, as of the date of enactment of

20 this Act, by or in favor of a third party; and

21 (B) any permit, license, lease, right-of-use,

22 or right-of-way of record in, on, over, or across

23 a feature referred to in paragraph (1)(A) that is

24 outstanding as to a third party as of the date of

25 enactment of this Act.
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1 (4) ADDITIONAL CONDITIONS OF CONVEYANCE TO

2 STATE.—A conveyance to the State under subsection

3 (d)(5) or (e) shall be subject to the reservations by the

4 United States and the conditions specified in section

5 1 of the Act of May 19, 1948 (chapter 310; 62 Stat.

6 240), as amended (16 U.S.C. 667b), for the transfer

7 of property to State agencies for wildlife conservation

8 purposes.

9 (d) PURCHASE OPTION.—

10 (1) IN GENERAL.—A preferential leaseholder

11 shall have an option to purchase from the Commis12 sion, acting as an agent for the Secretary, the pref13 erential lease parcel that is the subject of the lease.

14 (2) TERMS.—

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

16 subparagraph (B), a preferential leaseholder may

17 elect to purchase a parcel on one of the following

18 terms:

19 (i) Cash purchase for the amount that

20 is equal to—

21 (I) the value of the parcel deter22 mined under paragraph (4); minus

23 (II) ten percent of that value.

24 (ii) Installment purchase, with 10 per25 cent of the value of the parcel determined
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1 under paragraph (4) to be paid on the date

2 of purchase and the remainder to be paid

3 over not more than 30 years at 3 percent

4 annual interest.

5 (B) VALUE UNDER $10,000.—If the value of

6 the parcel is under $10,000, the purchase shall be

7 made on a cash basis in accordance with sub8 paragraph (A)(i).

9 (3) OPTION EXERCISE PERIOD.—

10 (A) IN GENERAL.—A preferential lease11 holder shall have until the date that is 5 years

12 after enactment of this Act to exercise the option

13 under paragraph (1).

14 (B) CONTINUATION OF LEASES.—Until the

15 date specified in subparagraph (A), a pref16 erential leaseholder shall be entitled to continue

17 to lease from the Secretary the parcel leased by

18 the preferential leaseholder under the same terms

19 and conditions as under the lease, as in effect as

20 of the date of enactment of this Act.

21 (4) VALUATION.—

22 (A) IN GENERAL.—The value of a pref23 erential lease parcel shall be its fair market

24 value for agricultural purposes determined by an

25 independent appraisal, exclusive of the value of
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1 private improvements made by the leaseholders

2 while the land was federally owned before the

3 date of the enactment of this Act, in conformance

4 with the Uniform Appraisal Standards for Fed5 eral Land Acquisition.

6 (B) FAIR MARKET VALUE.—Any dispute

7 over the fair market value of a property under

8 subparagraph (A) shall be resolved in accordance

9 with section 2201.4 of title 43, Code of Federal

10 Regulations.

11 (5) CONVEYANCE TO THE STATE.—

12 (A) IN GENERAL.—If a preferential lease13 holder fails to purchase a parcel within the pe14 riod specified in paragraph (3)(A), the Secretary

15 shall convey the parcel to the State of South Da16 kota Department of Game, Fish, and Parks.

17 (B) WILDLIFE HABITAT MITIGATION.—Land

18 conveyed under subparagraph (A) shall be used

19 by the South Dakota Department of Game, Fish,

20 and Parks for the purpose of mitigating the

21 wildlife habitat that was lost as a result of the

22 development of the Pick-Sloan project.

23 (6) USE OF PROCEEDS.—Proceeds of sales of

24 land under this title shall be deposited as miscella25 neous funds in the Treasury and such funds shall be
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1 made available, subject to appropriations, to the State

2 for the establishment of a trust fund to pay the coun3 ty taxes on the lands received by the State Depart4 ment of Game, Fish, and Parks under the bill.

5 (e) CONVEYANCE OF NONPREFERENTIAL LEASE PAR6 CELS AND UNLEASED PARCELS.—

7 (1) CONVEYANCE BY SECRETARY TO STATE.—

8 (A) IN GENERAL.—Not later than 1 year

9 after the date of enactment of this Act, the Sec10 retary shall convey to the South Dakota Depart11 ment of Game, Fish, and Parks the nonpref12 erential lease parcels and unleased parcels of the

13 Blunt Reservoir and Pierre Canal.

14 (B) WILDLIFE HABITAT MITIGATION.—Land

15 conveyed under subparagraph (A) shall be used

16 by the South Dakota Department of Game, Fish,

17 and Parks for the purpose of mitigating the

18 wildlife habitat that was lost as a result of the

19 development of the Pick-Sloan project.

20 (2) LAND EXCHANGES FOR NONPREFERENTIAL

21 LEASE PARCELS AND UNLEASED PARCELS.—

22 (A) IN GENERAL.—With the concurrence of

23 the South Dakota Department of Game, Fish,

24 and Parks, the South Dakota Commission of

25 Schools and Public Lands may allow a person to
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1 exchange land that the person owns elsewhere in

2 the State for a nonpreferential lease parcel or

3 unleased parcel at Blunt Reservoir or Pierre

4 Canal, as the case may be.

5 (B) PRIORITY.—The right to exchange non6 preferential lease parcels or unleased parcels

7 shall be granted in the following order or pri8 ority:

9 (i) Exchanges with current lessees for

10 nonpreferential lease parcels.

11 (ii) Exchanges with adjoining and ad12 jacent landowners for unleased parcels and

13 nonpreferential lease parcels not exchanged

14 by current lessees.

15 (C) EASEMENT FOR WATER CONVEYANCE

16 STRUCTURE.—As a condition of the exchange of

17 land of the Pierre Canal Feature under this

18 paragraph, the United States reserves a per19 petual easement to the land to allow for the right

20 to design, construct, operate, maintain, repair,

21 and replace a pipeline or other water conveyance

22 structure over, under, across, or through the

23 Pierre Canal feature.

24 (f) RELEASE FROM LIABILITY.—
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1 (1) IN GENERAL.—Effective on the date of con2 veyance of any parcel under this title, the United

3 States shall not be held liable by any court for dam4 ages of any kind arising out of any act, omission, or

5 occurrence relating to the parcel, except for damages

6 for acts of negligence committed by the United States

7 or by an employee, agent, or contractor of the United

8 States, before the date of conveyance.

9 (2) NO ADDITIONAL LIABILITY.—Nothing in this

10 section adds to any liability that the United States

11 may have under chapter 171 of title 28, United States

12 Code (commonly known as the ‘‘Federal Tort Claims

13 Act’’).

14 (g) REQUIREMENTS CONCERNING CONVEYANCE OF

15 LEASE PARCELS.—

16 (1) INTERIM REQUIREMENTS.—During the pe17 riod beginning on the date of enactment of this Act

18 and ending on the date of conveyance of the parcel,

19 the Secretary shall continue to lease each preferential

20 lease parcel or nonpreferential lease parcel to be con21 veyed under this section under the terms and condi22 tions applicable to the parcel on the date of enactment

23 of this Act.

24 (2) PROVISION OF PARCEL DESCRIPTIONS.—Not

25 later than 180 days after the date of enactment of this
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1 Act, the Secretary shall provide the State a full legal

2 description of all preferential lease parcels and non3 preferential lease parcels that may be conveyed under

4 this section.

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this title

7 $750,000 to reimburse the Secretary for expenses incurred

8 in implementing this title, and such sums as are necessary

9 to reimburse the Commission for expenses incurred imple10 menting this title, not to exceed 10 percent of the cost of

11 each transaction conducted under this title.

12 TITLE VI—HOLLOMAN AIR

13 FORCE BASE LAND EXCHANGE

14 SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN

15 VICINITY OF HOLLOMAN AIR FORCE BASE,

16 NEW MEXICO.

17 (a) CONVEYANCE OF PUBLIC LAND.—In exchange for

18 the land described in subsection (b), the Secretary of the

19 Interior shall convey to Randal, Jeffrey, and Timothy

20 Rabon of Otero County, New Mexico (in this section referred

21 to as the ‘‘Rabons’’), all right, title, and interest of the

22 United States in and to certain public land administered

23 by the Secretary through the Bureau of Land Management

24 consisting of a total of approximately 320 acres, as depicted

25 on the map entitled ‘‘Alamogordo Rabon Land Exchange’’
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1 and dated September 24, 2004, and more specifically de2 scribed as follows:

3 (1) SE1/4 of section 6, township 17 south, range

4 10 east, New Mexico principal meridian.

5 (2) N1/2N1/2 of section 7, township 17 south,

6 range 10 east, New Mexico principal meridian.

7 (b) CONSIDERATION.—As consideration for the convey8 ance of the real property under subsection (a), the Rabons

9 shall convey to the United States all right, title, and interest

10 held by the Rabons in and to three parcels of land depicted

11 on the map referred to in subsection (a), which consists of

12 approximately 241 acres, is contiguous to Holloman Air

13 Force Base, New Mexico, and is located within the required

14 safety zone surrounding munitions storage bunkers at the

15 installation. The Secretary shall assume jurisdiction over

16 the land acquired under this subsection. The three parcels

17 are more specifically described as follows:

18 (1) Lot 4 in the S1/2 of section 30, township 16

19 south, range 9 east, New Mexico principal meridian,

20 consisting of approximately 17.6 acres.

21 (2) E1/2SW1/4 of section 31, township 16 south,

22 range 9 east, New Mexico principal meridian, con23 sisting of approximately 80 acres.
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1 (3) Lots 1, 2, 3, and 4 of section 31, township

2 16 south, range 9 east, New Mexico principal merid3 ian, consisting of approximately 143 acres.

4 (c) INTERESTS INCLUDED IN EXCHANGE.—Subject to

5 valid existing rights, the land exchange under this section

6 shall include conveyance of all surface, subsurface, mineral,

7 and water rights in the lands.

8 (d) COMPLIANCE WITH EXISTING LAW.—(1) The Sec9 retary shall carry out the land exchange under this section

10 in the manner provided in section 206 of the Federal Land

11 Policy Management Act of 1976 (43 U.S.C. 1716). Notwith12 standing subsection (b) of such section, if necessary, a cash

13 equalization payment may be made in excess of 25 percent

14 of the appraised value the public land to be conveyed under

15 subsection (a).

16 (2) The cost of the appraisals performed as part of the

17 land exchange shall be borne by the Secretary.

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the land exchange under this section as

21 the Secretary considers appropriate to protect the interests

22 of the United States.
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1 TITLE VII—COMMONWEALTH OF

2 THE NORTHERN MARIANA IS3 LANDS

4 SEC. 701. COMMONWEALTH OF THE NORTHERN MARIANA

5 ISLANDS.

6 (a) IN GENERAL.—Section 19(b) of Public Law 99-

7 396 (48 U.S.C. 1469a–1) is amended by adding at the end

8 the following: ‘‘Amounts to be covered over pursuant to sec9 tion 703(b) of the Covenant to establish the Commonwealth

10 of the Northern Mariana Islands shall include the proceeds

11 of all taxes, fees, and other collections, including on estates

12 and gifts, derived from the Commonwealth or activities

13 therein or its inhabitants and residents, with the sole excep14 tion of taxes imposed under chapters 2 and 21 of the Inter15 nal Revenue Code of 1986, as specifically excluded under

16 703(b) of the Covenant, together with interest on any

17 amounts not covered over within 1 year of the date of re18 ceipt.’’.

19 (b) SETTLEMENT.—The Secretary of the Interior shall

20 review the analysis and methodology submitted by the Com21 monwealth of the Northern Mariana Islands for amounts

22 due under section 703(b) of the Covenant to Establish a

23 Commonwealth of the Northern Mariana Islands in Polit24 ical Union with the United States of America (90 Stat.

25 263) and shall negotiate with the Governor of the Common-
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1 wealth to reach a settlement for all past due sums set forth

2 in the analysis as well as other sums, such as excise taxes

3 and other collections applicable in or to the Commonwealth.

4 Any settlement shall be conditioned on the Commonwealth

5 executing a full and final release of any and all claims

6 under section 703(b) of the Covenant and submission of a

7 plan for the expenditure of all funds for essential infrastruc8 ture for education and water.

9 TITLE VIII—UNITED STATES10 MEXICO TRANSBOUNDARY

11 AQUIFER ASSESSMENT

12 SEC. 801. SHORT TITLE.

13 This title may be cited as the ‘‘United States-Mexico

14 Transboundary Aquifer Assessment Act’’.

15 SEC. 802. PURPOSE.

16 The purpose of this title is to direct the Secretary of

17 the Interior to establish a United States-Mexico

18 transboundary aquifer assessment program to—

19 (1) systematically assess priority transboundary

20 aquifers; and

21 (2) provide the scientific foundation necessary

22 for State and local officials to address pressing water

23 resource challenges in the United States-Mexico border

24 region.
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1 SEC. 803. DEFINITIONS.

2 In this title:

3 (1) AQUIFER.—The term ‘‘aquifer’’ means a sub4 surface water-bearing geologic formation from which

5 significant quantities of water may be extracted.

6 (2) BORDER STATE.—The term ‘‘Border State’’

7 means each of the States of Arizona, California, New

8 Mexico, and Texas.

9 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

10 means an Indian tribe, band, nation, or other orga11 nized group or community—

12 (A) that is recognized as eligible for the spe13 cial programs and services provided by the

14 United States to Indians because of their status

15 as Indians; and

16 (B) the reservation of which includes a

17 transboundary aquifer within the exterior bound18 aries of the reservation.

19 (4) PRIORITY TRANSBOUNDARY AQUIFER.—The

20 term ‘‘priority transboundary aquifer’’ means a

21 transboundary aquifer that has been designated for

22 study and analysis under the program.

23 (5) PROGRAM.—The term ‘‘program’’ means the

24 United States-Mexico transboundary aquifer assess25 ment program established under section 804(a).
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1 (6) RESERVATION.—The term ‘‘reservation’’

2 means land that has been set aside or that has been

3 acknowledged as having been set aside by the United

4 States for the use of an Indian tribe, the exterior

5 boundaries of which are more particularly defined in

6 a final tribal treaty, agreement, executive order, Fed7 eral statute, secretarial order, or judicial determina8 tion.

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

10 the Secretary of the Interior, acting through the Di11 rector of the United States Geological Survey.

12 (8) TRANSBOUNDARY AQUIFER.—The term

13 ‘‘transboundary aquifer’’ means an aquifer that

14 underlies the boundary between the United States and

15 Mexico.

16 (9) TRI-REGIONAL PLANNING GROUP.—The term

17 ‘‘Tri-Regional Planning Group’’ means the binational

18 planning group comprised of—

19 (A) the Junta Municipal de Agua y

20 Saneamiento de Ciudad Juarez;

21 (B) the El Paso Water Utilities Public

22 Service Board; and

23 (C) the Lower Rio Grande Water Users Or24 ganization.
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1 (10) WATER RESOURCES RESEARCH INSTI2 TUTES.—The term ‘‘water resources research insti3 tutes’’ means the institutes within the Border States

4 established under section 104 of the Water Resources

5 Research Act of 1984 (42 U.S.C. 10303).

6 SEC. 804. ESTABLISHMENT OF PROGRAM.

7 (a) IN GENERAL.—The Secretary, in consultation and

8 cooperation with the Border States, the water resources re9 search institutes, Sandia National Laboratories, and other

10 appropriate entities in the United States and Mexico, shall

11 carry out the United States-Mexico transboundary aquifer

12 assessment program to characterize, map, and model

13 transboundary groundwater resources along the United

14 States-Mexico border at a level of detail determined to be

15 appropriate for the particular aquifer.

16 (b) OBJECTIVES.—The objectives of the program are

17 to—

18 (1) develop and implement an integrated sci19 entific approach to assess transboundary groundwater

20 resources, including—

21 (A)(i) identifying fresh and saline

22 transboundary aquifers; and

23 (ii) prioritizing the transboundary aquifers

24 for further analysis by assessing—
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1 (I) the proximity of the transboundary

2 aquifer to areas of high population density;

3 (II) the extent to which the

4 transboundary aquifer is used;

5 (III) the susceptibility of the

6 transboundary aquifer to contamination;

7 and

8 (IV) any other relevant criteria;

9 (B) evaluating all available data and publi10 cations as part of the development of study plans

11 for each priority transboundary aquifer;

12 (C) creating a new, or enhancing an exist13 ing, geographic information system database to

14 characterize the spatial and temporal aspects of

15 each priority transboundary aquifer; and

16 (D) using field studies, including support

17 for and expansion of ongoing monitoring and

18 metering efforts, to develop—

19 (i) the additional data necessary to

20 adequately define aquifer characteristics;

21 and

22 (ii) scientifically sound groundwater

23 flow models to assist with State and local

24 water management and administration, in-
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1 cluding modeling of relevant groundwater

2 and surface water interactions;

3 (2) expand existing agreements, as appropriate,

4 between the United States Geological Survey, the Bor5 der States, the water resources research institutes, and

6 appropriate authorities in the United States and

7 Mexico, to—

8 (A) conduct joint scientific investigations;

9 (B) archive and share relevant data; and

10 (C) carry out any other activities consistent

11 with the program; and

12 (3) produce scientific products for each priority

13 transboundary aquifer that—

14 (A) are capable of being broadly distributed;

15 and

16 (B) provide the scientific information need17 ed by water managers and natural resource

18 agencies on both sides of the United States-Mex19 ico border to effectively accomplish the missions

20 of the managers and agencies.

21 (c) DESIGNATION OF PRIORITY TRANSBOUNDARY

22 AQUIFERS.—

23 (1) IN GENERAL.—For purposes of the program,

24 the Secretary shall designate as priority

25 transboundary aquifers—
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1 (A) the Hueco Bolson and Mesilla aquifers

2 underlying parts of Texas, New Mexico, and

3 Mexico; and

4 (B) the Santa Cruz River Valley aquifers

5 underlying Arizona and Sonora, Mexico.

6 (2) ADDITIONAL AQUIFERS.—The Secretary

7 shall, using the criteria under subsection (b)(1)(A)(ii),

8 evaluate and designate additional priority

9 transboundary aquifers.

10 (d) COOPERATION WITH MEXICO.—To ensure a com11 prehensive assessment of transboundary aquifers, the Sec12 retary shall, to the maximum extent practicable, work with

13 appropriate Federal agencies and other organizations to de14 velop partnerships with, and receive input from, relevant

15 organizations in Mexico to carry out the program.

16 (e) GRANTS AND COOPERATIVE AGREEMENTS.—The

17 Secretary may provide grants or enter into cooperative

18 agreements and other agreements with the water resources

19 research institutes and other Border State entities to carry

20 out the program.

21 SEC. 805. IMPLEMENTATION OF PROGRAM.

22 (a) COORDINATION WITH STATES, TRIBES, AND

23 OTHER ENTITIES.—The Secretary shall coordinate the ac24 tivities carried out under the program with—
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1 (1) the appropriate water resource agencies in

2 the Border States;

3 (2) any affected Indian tribes; and

4 (3) any other appropriate entities that are con5 ducting monitoring and metering activity with re6 spect to a priority transboundary aquifer.

7 (b) NEW ACTIVITY.—After the date of enactment of this

8 Act, the Secretary shall not initiate any new field studies

9 or analyses under the program before consulting with, and

10 coordinating the activity with, any Border State water re11 source agencies that have jurisdiction over the aquifer.

12 (c) STUDY PLANS; COST ESTIMATES.—

13 (1) IN GENERAL.—The Secretary shall work

14 closely with appropriate Border State water resource

15 agencies, water resources research institutes, and

16 other relevant entities to develop a study plan,

17 timeline, and cost estimate for each priority

18 transboundary aquifer to be studied under the pro19 gram.

20 (2) REQUIREMENTS.—A study plan developed

21 under paragraph (1) shall, to the maximum extent

22 practicable—

23 (A) integrate existing data collection and

24 analyses conducted with respect to the priority

25 transboundary aquifer;
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1 (B) if applicable, improve and strengthen

2 existing groundwater flow models developed for

3 the priority transboundary aquifer; and

4 (C) be consistent with appropriate State

5 guidelines and goals.

6 SEC. 806. EFFECT.

7 Nothing in this title affects—

8 (1) the jurisdiction or responsibility of a Border

9 State with respect to managing surface or ground10 water resources in the Border State; or

11 (2) the water rights of any person or entity

12 using water from a transboundary aquifer.

13 SEC. 807. REPORTS.

14 Not later than 5 years after the date of enactment of

15 this Act, and on completion of the program in fiscal year

16 2014, the Secretary shall submit to the appropriate water

17 resource agency in the Border States, an interim and final

18 report, respectively, that describes—

19 (1) any activities carried out under the program;

20 (2) any conclusions of the Secretary relating to

21 the status of transboundary aquifers; and

22 (3) the level of participation in the program of

23 entities in Mexico.
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1 SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this title $50,000,000 for the period

4 of fiscal years 2005 through 2014.

5 (b) DISTRIBUTION OF FUNDS.—Of the amounts made

6 available under subsection (a), 50 percent shall be made

7 available to the water resources research institutes to pro8 vide funding to appropriate entities in the Border States

9 (including Sandia National Laboratories, State agencies,

10 universities, the Tri-Regional Planning Group, and other

11 relevant organizations) and Mexico to conduct activities

12 under the program, including the binational collection and

13 exchange of scientific data.

14 TITLE IX—CASTILLO DE SAN

15 MARCOS NATIONAL MONUMENT

16 Subtitle A—Castillo de San Marcos

17 National Monument Preserva18 tion Act

19 SEC. 901. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Castillo de San

21 Marcos National Monument Preservation and Education

22 Act’’.

23 SEC. 902. VISITOR CENTER.

24 (a) AUTHORIZATION.—Subject to the availability of

25 appropriations and the project being prioritized in the Na26 tional Park Services 5-year, line-item construction pro-
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1 gram, the Secretary of the Interior (referred to in this sec2 tion as the ‘‘Secretary’’) may design and construct a Visitor

3 Center for the Castillo de San Marcos National Monument

4 (referred to in this section as the ‘‘Monument’’).

5 (b) PREFERRED ALTERNATIVE.—The Visitor Center

6 authorized in subsection (a) shall be located and constructed

7 in accordance with the Preferred Alternative identified in

8 the Record of Decision for the General Management Plan

9 for the Monument, expected to be signed in 2005.

10 SEC. 903. COOPERATIVE AGREEMENT.

11 The Secretary may enter into cooperative agreements

12 with the City of St. Augustine, Florida, the Colonial St.

13 Augustine Preservation Foundation, other Federal, State,

14 and local departments or agencies, academic institutions,

15 and non-profit entities for the planning and design, con16 struction, management, and operation of the Visitor Center.

17 SEC. 904. BOUNDARY EXPANSION.

18 (a) PROPERTY ACQUISITION.—If the Preferred Alter19 native for the Visitor Center authorized by section 902 is

20 located outside the boundary of the Monument, the Sec21 retary is authorized to acquire the site for the Visitor Cen22 ter, from willing sellers, by donation, purchase with do23 nated or appropriated funds, or by exchange.

24 (b) ADMINISTRATION OF NEWLY ACQUIRED LAND.—

25 Land added to the Monument pursuant to subsection (a)
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1 shall be administered by the Secretary in accordance with

2 applicable laws and regulations.

3 (c) BOUNDARY MODIFICATION.—The boundary of the

4 Monument shall be modified to reflect the acquisition of

5 land authorized in subsection (a) after completion of the

6 acquisition.

7 SEC. 905. PROJECT APPROVAL.

8 Prior to initiating any planning, design, or construc9 tion on the Visitor Center authorized by section 902, the

10 project must be reviewed and approved by the National

11 Park Service consistent with partnership construction

12 guidelines established by that agency.

13 Subtitle B—Castillo de San Marcos

14 National Monument Boundary

15 Modification

16 SEC. 911. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Castillo de San

18 Marcos National Monument Boundary Adjustment Act of

19 2004’’.

20 SEC. 912. FINDINGS.

21 Congress finds the following:

22 (1) The early defense lines for Fort Marion,

23 Florida, today known as the Castillo de San Marcos

24 National Monument, included defenses extending in a
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1 line due west to the Sebastian River, a distance of

2 about one half mile.

3 (2) In the 1830’s, during the Seminole Wars in

4 Florida, these defensive lines were maintained, but as

5 Florida became more settled they fell into disrepair

6 and/or became obsolete.

7 (3) In 1908 the War Department deeded much of

8 the property running west to the Sebastian River to

9 the St. Johns County Board of Public Instruction.

10 The portion of this property remaining in federal

11 ownership today is occupied by Orange Street, a City

12 of St. Augustine, Florida street.

13 (4) For nearly a century, the City of St. Augus14 tine has maintained and managed Orange Street, a

15 modern city street, and associated utilities in the Or16 ange Street corridor.

17 (5) Any archeological remains that are still

18 present on the property overlaid by Orange Street are

19 adequately protected by the City’s archeological ordi20 nances, and by the City having an archeologist on

21 staff.

22 (6) Although the city currently operates Orange

23 Street under a right-of-way from the National Park

24 Service, from a management perspective it is appro-
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1 priate for the City of St. Augustine to own Orange

2 Street.

3 SEC. 913. BOUNDARY ADJUSTMENT.

4 (a) CONVEYANCE OF LAND.—The Secretary of the Inte5 rior shall convey, without consideration, to the City of St.

6 Augustine, Florida, all right, title, and interest of the

7 United States in and to the lands known as Orange Street,

8 a portion of the Castillo de San Marcos National Monument

9 (Monument), consisting of approximately 3.1 acres, as

10 shown on the map entitled Castillo de San Marcos National

11 Monument Boundary Adjustment and Correction, num12 bered 343/80060, and dated April 2003. Upon completion

13 of the conveyance, the Secretary shall revise the boundary

14 of the Monument to exclude the land conveyed.

15 (b) BOUNDARY REVISION.—Effective on the date of the

16 enactment of this Act, the boundary of the Monument is

17 revised to include an area of approximately 0.45 acres, as

18 shown on the map identified in subsection (a). The Sec19 retary shall administer the lands included in the boundary

20 as part of the national monument in accordance with ap21 plicable laws and regulations.
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1 TITLE X—NORTHERN CALI2 FORNIA COASTAL WILD HER3 ITAGE WILDERNESS

4 SEC. 1001. SHORT TITLE.

5 This title may be cited as the ‘‘Northern California

6 Coastal Wild Heritage Wilderness Act’’.

7 SEC. 1002. DEFINITION OF SECRETARY.

8 In this title, the term ‘‘Secretary’’ means—

9 (1) with respect to land under the jurisdiction of

10 the Secretary of Agriculture, the Secretary of Agri11 culture; and

12 (2) with respect to land under the jurisdiction of

13 the Secretary of the Interior, the Secretary of the Inte14 rior.

15 SEC. 1003. DESIGNATION OF WILDERNESS AREAS.

16 In accordance with the Wilderness Act (16 U.S.C. 1131

17 et seq.), the following areas in the State of California are

18 designated as wilderness areas and as components of the

19 National Wilderness Preservation System:

20 (1) SNOW MOUNTAIN WILDERNESS ADDITION.—

21 (A) IN GENERAL.—Certain land in the

22 Mendocino National Forest, comprising approxi23 mately 23,312 acres, as generally depicted on the

24 maps described in subparagraph (B), is incor25 porated in and shall considered to be a part of
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1 the ‘‘Snow Mountain Wilderness’’, as designated

2 by section 101(a)(31) of the California Wilder3 ness Act of 1984 (16 U.S.C. 1132 note; Public

4 Law 98–425).

5 (B) DESCRIPTION OF MAPS.—The maps re6 ferred to in subparagraph (A) are—

7 (i) the map entitled ‘‘Skeleton Glade

8 Unit, Snow Mountain Proposed Wilderness

9 Addition, Mendocino National Forest’’ and

10 dated September 17, 2004; and

11 (ii) the map entitled ‘‘Bear Creek/

12 Deafy Glade Unit, Snow Mountain Wilder13 ness Addition, Mendocino National Forest’’

14 and dated September 17, 2004.

15 (2) SANHEDRIN WILDERNESS.—Certain land in

16 the Mendocino National Forest, comprising approxi17 mately 10,571 acres, as generally depicted on the map

18 entitled ‘‘Sanhedrin Proposed Wilderness, Mendocino

19 National Forest’’ and dated September 17, 2004,

20 which shall be known as the ‘‘Sanhedrin Wilderness’’.

21 (3) YUKI WILDERNESS.—Certain land in the

22 Mendocino National Forest and certain land admin23 istered by the Bureau of Land Management in Lake

24 and Mendocino Counties, California, together com25 prising approximately 54,087 acres, as generally de-
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1 picted on the map entitled ‘‘Yuki Proposed Wilder2 ness’’ and dated October 28, 2004, which shall be

3 known as the ‘‘Yuki Wilderness’’.

4 (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS AD5 DITION.—Certain land in the Mendocino National

6 Forest and certain land administered by the Bureau

7 of Land Management in Mendocino County, Cali8 fornia, together comprising approximately 25,806

9 acres, as generally depicted on the map entitled ‘‘Mid10 dle Fork Eel, Smokehouse and Big Butte Units, Yolla

11 Bolly-Middle Eel Proposed Wilderness Addition’’ and

12 dated October 28, 2004, is incorporated in and shall

13 considered to be a part of the Yolla Bolly-Middle Eel

14 Wilderness, as designated by section 3 of the Wilder15 ness Act (16 U.S.C. 1132).

16 (5) MAD RIVER BUTTES WILDERNESS.—Certain

17 land in the Six Rivers National Forest, comprising

18 approximately 6,494 acres, as generally depicted on

19 the map entitled ‘‘Mad River Buttes, Mad River Pro20 posed Wilderness’’ and dated September 17, 2004,

21 which shall be known as the ‘‘Mad River Buttes Wil22 derness’’.

23 (6) SISKIYOU WILDERNESS ADDITION.—

24 (A) IN GENERAL.—Certain land in the Six

25 Rivers National Forest, comprising approxi-
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1 mately 48,754 acres, as generally depicted on the

2 maps described in subparagraph (B), is incor3 porated in and shall be considered to be a part

4 of the Siskiyou Wilderness, as designated by sec5 tion 101(a)(30) of the California Wilderness Act

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

7 425).

8 (B) DESCRIPTION OF MAPS.—The maps re9 ferred to in subparagraph (A) are—

10 (i) the map entitled ‘‘Bear Basin Butte

11 Unit, Siskiyou Proposed Wilderness Addi12 tions, Six Rivers National Forest’’ and

13 dated October 28, 2004;

14 (ii) the map entitled ‘‘Blue Creek Unit,

15 Siskiyou Proposed Wilderness Addition, Six

16 Rivers National Forest’’ and dated October

17 28, 2004;

18 (iii) the map entitled ‘‘Blue Ridge

19 Unit, Siskiyou Proposed Wilderness Addi20 tion, Six Rivers National Forest’’ and dated

21 September 17, 2004;

22 (iv) the map entitled ‘‘Broken Rib

23 Unit, Siskiyou Proposed Wilderness Addi24 tion, Six Rivers National Forest’’ and dated

25 September 17, 2004; and
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1 (v) the map entitled ‘‘Wooly Bear

2 Unit, Siskiyou Proposed Wilderness Addi3 tion, Six Rivers National Forest’’ and dated

4 September 27, 2004.

5 (7) MOUNT LASSIC WILDERNESS.—Certain land

6 in the Six Rivers National Forest, comprising ap7 proximately 7,279 acres, as generally depicted on the

8 map entitled ‘‘Mt. Lassic Proposed Wilderness’’ and

9 dated September 17, 2004, which shall be known as

10 the ‘‘Mount Lassic Wilderness’’.

11 (8) TRINITY ALPS WILDERNESS ADDITION.—

12 (A) IN GENERAL.—Certain land in the Six

13 Rivers National Forest, comprising approxi14 mately 28,805 acres, as generally depicted on the

15 maps described in subparagraph (B) and which

16 is incorporated in and shall be considered to be

17 a part of the Trinity Alps Wilderness as des18 ignated by section 101(a)(34) of the California

19 Wilderness Act of 1984 (16 U.S.C. 1132 note;

20 Public Law 98–425).

21 (B) DESCRIPTION OF MAPS.—The maps re22 ferred to in subparagraph (A) are—

23 (i) the map entitled ‘‘Orleans Moun24 tain Unit (Boise Creek), Trinity Alps Pro-
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1 posed Wilderness Addition, Six Rivers Na2 tional Forest’’, and dated October 28, 2004;

3 (ii) the map entitled ‘‘East Fork Unit,

4 Trinity Alps Proposed Wilderness Addition,

5 Six Rivers National Forest’’ and dated Sep6 tember 17, 2004;

7 (iii) the map entitled ‘‘Horse Linto

8 Unit, Trinity Alps Proposed Wilderness Ad9 dition, Six Rivers National Forest’’ and

10 dated September 17, 2004; and

11 (iv) the map entitled ‘‘Red Cap Unit,

12 Trinity Alps Proposed Wilderness Addition,

13 Six Rivers National Forest’’ and dated Sep14 tember 17, 2004.

15 (9) UNDERWOOD WILDERNESS.—Certain land in

16 the Six Rivers National Forest, comprising approxi17 mately 2,977 acres, as generally depicted on the map

18 entitled ‘‘Underwood Proposed Wilderness, Six Rivers

19 National Forest’’ and dated September 17, 2004,

20 which shall be known as the ‘‘Underwood Wilderness’’.

21 (10) CACHE CREEK WILDERNESS.—Certain land

22 administered by the Bureau of Land Management in

23 Lake County, California, comprising approximately

24 30,870 acres, as generally depicted on the map enti25 tled ‘‘Cache Creek Wilderness Area’’ and dated Sep-
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1 tember 27, 2004, which shall be known as the ‘‘Cache

2 Creek Wilderness’’.

3 (11) CEDAR ROUGHS WILDERNESS.—Certain

4 land administered by the Bureau of Land Manage5 ment in Napa County, California, comprising ap6 proximately 6,350 acres, as generally depicted on the

7 map entitled ‘‘Cedar Roughs Wilderness Area’’ and

8 dated September 27, 2004, which shall be known as

9 the ‘‘Cedar Roughs Wilderness’’.

10 (12) SOUTH FORK EEL RIVER WILDERNESS.—

11 Certain land administered by the Bureau of Land

12 Management in Mendocino County, California, com13 prising approximately 12,915 acres, as generally de14 picted on the map entitled ‘‘South Fork Eel River

15 Wilderness Area and Elkhorn Ridge Potential Wilder16 ness’’ and dated September 27, 2004, which shall be

17 known as the ‘‘South Fork Eel River Wilderness’’.

18 (13) KING RANGE WILDERNESS.—

19 (A) IN GENERAL.—Certain land adminis20 tered by the Bureau of Land Management in

21 Humboldt and Mendocino Counties, California,

22 comprising approximately 42,585 acres, as gen23 erally depicted on the map entitled ‘‘King Range

24 Wilderness’’, and dated November 12, 2004,
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1 which shall be known as the ‘‘King Range Wil2 derness’’.

3 (B) APPLICABLE LAW.—With respect to the

4 wilderness designated by subparagraph (A), in

5 the case of a conflict between this title and Pub6 lic Law 91–476 (16 U.S.C. 460y et seq.), the

7 more restrictive provision shall control.

8 (14) ROCKS AND ISLANDS.—

9 (A) IN GENERAL.—All Federally-owned

10 rocks, islets, and islands (whether named or

11 unnamed and surveyed or unsurveyed) that are

12 located—

13 (i) not more than 3 geographic miles

14 off the coast of the King Range National

15 Conservation Area; and

16 (ii) above mean high tide.

17 (B) APPLICABLE LAW.—In the case of a

18 conflict between this title and Proclamation No.

19 7264 (65 Fed. Reg. 2821), the more restrictive

20 provision shall control.

21 SEC. 1004. ADMINISTRATION OF WILDERNESS AREAS.

22 (a) MANAGEMENT.—Subject to valid existing rights,

23 each area designated as wilderness by this title shall be ad24 ministered by the Secretary in accordance with the Wilder25 ness Act (16 U.S.C. 1131 et seq.), except that—
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1 (1) any reference in that Act to the effective date

2 shall be considered to be a reference to the date of en3 actment of this Act; and

4 (2) any reference in that Act to the Secretary of

5 Agriculture shall be considered to be a reference to the

6 Secretary that has jurisdiction over the wilderness.

7 (b) MAP AND DESCRIPTION.—

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

9 the date of enactment of this Act, the Secretary shall

10 file a map and a legal description of each wilderness

11 area designated by this title with—

12 (A) the Committee on Resources of the

13 House of Representatives; and

14 (B) the Committee on Energy and Natural

15 Resources of the Senate.

16 (2) FORCE OF LAW.—A map and legal descrip17 tion filed under paragraph (1) shall have the same

18 force and effect as if included in this title, except that

19 the Secretary may correct errors in the map and legal

20 description.

21 (3) PUBLIC AVAILABILITY.—Each map and legal

22 description filed under paragraph (1) shall be filed

23 and made available for public inspection in the ap24 propriate office of the Secretary.
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1 (c) INCORPORATION OF ACQUIRED LAND AND INTER2 ESTS.—Any land within the boundary of a wilderness area

3 designated by this title that is acquired by the Federal Gov4 ernment shall—

5 (1) become part of the wilderness area in which

6 the land is located; and

7 (2) be managed in accordance with this title, the

8 Wilderness Act (16 U.S.C. 1131 et seq.), and any

9 other applicable law.

10 (d) WITHDRAWAL.—Subject to valid rights in existence

11 on the date of enactment of this Act, the Federal land des12 ignated as wilderness by this title is withdrawn from all

13 forms of—

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

15 public land laws;

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

17 laws; and

18 (3) disposition under all laws pertaining to min19 eral and geothermal leasing or mineral materials.

20 (e) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVI21 TIES.—

22 (1) IN GENERAL.—The Secretary may take such

23 measures in the wilderness areas designated by this

24 title as are necessary for the control and prevention

25 of fire, insects, and diseases, in accordance with—
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1 (A) section 4(d)(1) of the Wilderness Act (16

2 U.S.C. 1133(d)(1)); and

3 (B) House Report No. 98–40 of the 98th

4 Congress.

5 (2) REVIEW.—Not later than 1 year after the

6 date of enactment of this Act, the Secretary shall re7 view existing policies applicable to the wilderness

8 areas designated by this title to ensure that author9 ized approval procedures for any fire management

10 measures allow a timely and efficient response to fire

11 emergencies in the wilderness areas.

12 (f) ACCESS TO PRIVATE PROPERTY.—

13 (1) IN GENERAL.—The Secretary shall provide

14 any owner of private property within the boundary

15 of a wilderness area designated by this title adequate

16 access to such property to ensure the reasonable use

17 and enjoyment of the property by the owner.

18 (2) KING RANGE WILDERNESS.—

19 (A) IN GENERAL.—Subject to subparagraph

20 (B), within the wilderness designated by section

21 1003(13), the access route depicted on the map

22 for private landowners shall also be available for

23 invitees of the private landowners.

24 (B) LIMITATION.—Nothing in subparagraph

25 (A) requires the Secretary to provide any access
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1 to the landowners or invitees beyond the access

2 that would be available if the wilderness had not

3 been designated.

4 (g) SNOW SENSORS AND STREAM GAUGES.—If the

5 Secretary determines that hydrologic, meteorologic, or cli6 matological instrumentation is appropriate to further the

7 scientific, educational, and conservation purposes of the

8 wilderness areas designated by this title, nothing in this

9 title prevents the installation and maintenance of the in10 strumentation within the wilderness areas.

11 (h) MILITARY ACTIVITIES.—Nothing in this title pre12 cludes low-level overflights of military aircraft, the designa13 tion of new units of special airspace, or the use or establish14 ment of military flight training routes over wilderness

15 areas designated by this title.

16 (i) LIVESTOCK.—Grazing of livestock and the mainte17 nance of existing facilities related to grazing in wilderness

18 areas designated by this title, where established before the

19 date of enactment of this Act, shall be permitted to continue

20 in accordance with—

21 (1) section 4(d)(4) of the Wilderness Act (16

22 U.S.C. 1133(d)(4)); and

23 (2) the guidelines set forth in Appendix A of the

24 report of the Committee on Interior and Insular Af-
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1 fairs of the House of Representatives accompanying

2 H.R. 2570 of the 101st Congress (H. Rept. 101–405).

3 (j) FISH AND WILDLIFE MANAGEMENT.—

4 (1) IN GENERAL.—In furtherance of the purposes

5 of the Wilderness Act (16 U.S.C. 1131 et seq.), the

6 Secretary may carry out management activities to

7 maintain or restore fish and wildlife populations and

8 fish and wildlife habitats in wilderness areas des9 ignated by this title if such activities are—

10 (A) consistent with applicable wilderness

11 management plans; and

12 (B) carried out in accordance with applica13 ble guidelines and policies.

14 (2) STATE JURISDICTION.—Nothing in this title

15 affects the jurisdiction of the State of California with

16 respect to fish and wildlife on the public land located

17 in the State.

18 (k) USE BY MEMBERS OF INDIAN TRIBES.—

19 (1) ACCESS.—In recognition of the past use of

20 wilderness areas designated by this title by members

21 of Indian tribes for traditional cultural and religious

22 purposes, the Secretary shall ensure that Indian tribes

23 have access to the wilderness areas for traditional cul24 tural and religious purposes.

25 (2) TEMPORARY CLOSURES.—
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1 (A) IN GENERAL.—In carrying out this sec2 tion, the Secretary, on request of an Indian

3 tribe, may temporarily close to the general public

4 1 or more specific portions of a wilderness area

5 to protect the privacy of the members of the In6 dian tribe in the conduct of the traditional cul7 tural and religious activities in the wilderness

8 area.

9 (B) REQUIREMENT.—Any closure under

10 subparagraph (A) shall be made in such a man11 ner as to affect the smallest practicable area for

12 the minimum period of time necessary for the

13 activity to be carried out.

14 (3) APPLICABLE LAW.—Access to the wilderness

15 areas under this subsection shall be in accordance

16 with—

17 (A) Public Law 95–341 (commonly known

18 as the ‘‘American Indian Religious Freedom

19 Act’’) (42 U.S.C. 1996 et seq.); and

20 (B) the Wilderness Act (16 U.S.C. 1131 et

21 seq.).

22 (l) ADJACENT MANAGEMENT.—

23 (1) IN GENERAL.—Nothing in this title creates

24 protective perimeters or buffer zones around any wil25 derness area designated by this title.
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1 (2) NONWILDERNESS ACTIVITIES.—The fact that

2 nonwilderness activities or uses can be seen or heard

3 from areas within a wilderness area designated by

4 this title shall not preclude the conduct of those activi5 ties or uses outside the boundary of the wilderness

6 area.

7 SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS.

8 (a) FINDING.—Congress finds that, for the purposes of

9 section 603 of the Federal Land Policy and Management

10 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness

11 study area described in subsection (b) that is not designated

12 as wilderness by this title or any previous Act has been ade13 quately studied for wilderness.

14 (b) DESCRIPTION OF STUDY AREAS.—The study areas

15 referred to in subsection (a) are—

16 (1) the King Range Wilderness Study Area;

17 (2) the Chemise Mountain Instant Study Area;

18 (3) the Red Mountain Wilderness Study Area;

19 (4) the Cedar Roughs Wilderness Study Area;

20 and

21 (5) those portions of the Rocky Creek/Cache

22 Creek Wilderness Study Area in Lake County, Cali23 fornia which are not in R. 5 W., T. 12 N., sec. 22,

24 Mount Diablo Meridian.
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1 (c) RELEASE.—Any portion of a wilderness study area

2 described in subsection (b) that is not designated as wilder3 ness by this title or any other Act enacted before the date

4 of enactment of this Act shall not be subject to section 603(c)

5 of the Federal Land Policy and Management Act of 1976

6 (43 U.S.C. 1782(c)).

7 SEC. 1006. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

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

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

10 land in the State administered by the Bureau of Land Man11 agement, compromising approximately 9,655 acres, as gen12 erally depicted on the map entitled South Fork Eel River

13 Wilderness Area and Elkhorn Ridge Potential Wilderness’’

14 and dated September 27, 2004, is designated as a potential

15 wilderness area.

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

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

18 manage the potential wilderness area as wilderness until

19 the potential wilderness area is designated as wilderness.

20 (c) ECOLOGICAL RESTORATION.—

21 (1) IN GENERAL.—For purposes of ecological res22 toration (including the elimination of non-native spe23 cies, removal of illegal, unused, or decommissioned

24 roads, repair of skid tracks, and any other activities

25 necessary to restore the natural ecosystems in the po-
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1 tential wilderness area), the Secretary may used mo2 torized equipment and mechanized transport in the

3 potential wilderness area until the potential wilder4 ness area is designated as wilderness.

5 (2) LIMITATION.—To the maximum extent prac6 ticable, the Secretary shall use the minimum tool or

7 administrative practice necessary to accomplish eco8 logical restoration with the least amount of adverse

9 impact on wilderness character and resources.

10 (d) WILDERNESS DESIGNATION.—

11 (1) IN GENERAL.—The potential wilderness area

12 shall be designated as wilderness and as a component

13 of the National Wilderness Preservation System on

14 the earlier of—

15 (A) the date on which the Secretary pub16 lishes in the Federal Register notice that the con17 ditions in the potential wilderness area that are

18 incompatible with the Wilderness Act (16 U.S.C.

19 1131 et seq.) have been removed; or

20 (B) the date that is 5 years after the date

21 of enactment of this Act.

22 (2) ADMINISTRATION.—On designation as wil23 derness under paragraph (1), the potential wilderness

24 area shall be—
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1 (A) known as the ‘‘Elkhorn Ridge Wilder2 ness’’; and

3 (B) administered in accordance with this

4 title and the Wilderness Act (16 U.S.C. 1131 et

5 seq.).

6 SEC. 1007. WILD AND SCENIC RIVER DESIGNATION.

7 (a) DESIGNATION OF BLACK BUTTE RIVER, CALI8 FORNIA.—Section 3(a) of the Wild and Scenic Rivers Act

9 (16 U.S.C. 1274(a)) is amended by adding at the end the

10 following:

11 ‘‘(ll) BLACK BUTTE RIVER, CALIFORNIA.—The

12 following segments of the Black Butte River in the

13 State of California, to be administered by the Sec14 retary of Agriculture:

15 ‘‘(A) The 16 miles of Black Butte River,

16 from the Mendocino County Line to its con17 fluence with Jumpoff Creek, as a wild river.

18 ‘‘(B) The 3.5 miles of Black Butte River

19 from its confluence with Jumpoff Creek to its

20 confluence with Middle Eel River, as a scenic

21 river.

22 ‘‘(C) The 1.5 miles of Cold Creek from the

23 Mendocino County Line to its confluence with

24 Black Butte River, as a wild river.’’.

25 (b) PLAN; REPORT.—
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1 (1) IN GENERAL.—Not later than 18 months

2 after the date of enactment of this Act, the Secretary

3 of Agriculture shall submit to Congress—

4 (A) a fire management plan for the Black

5 Butte River segments designated by the amend6 ment under subsection (a); and

7 (B) a report on the cultural and historic re8 sources within those segments.

9 (2) TRANSMITTAL TO COUNTY.—The Secretary of

10 Agriculture shall transmit to the Board of Super11 visors of Mendocino County, California, a copy of the

12 plan and report submitted under paragraph (1).

13 SEC. 1008. KING RANGE NATIONAL CONSERVATION AREA

14 BOUNDARY ADJUSTMENT.

15 Section 9 of Public Law 91–476 (16 U.S.C. 460y–8)

16 is amended by adding at the end the following:

17 ‘‘(d) In addition to the land described in subsections

18 (a) and (c), the land identified as the King Range National

19 Conservation Area Additions on the map entitled ‘King

20 Range Wilderness’ and dated November 12, 2004, is in21 cluded in the Area.’’.

22 TITLE XI—TRIBAL PARITY ACT

23 SEC. 1101. SHORT TITLE.

24 This title may be cited as the ‘‘Tribal Parity Act’’.
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1 SEC. 1102. FINDINGS.

2 Congress finds that—

3 (1) the Pick-Sloan Missouri River Basin Pro4 gram (authorized by section 9 of the Act of December

5 22, 1944 (commonly known as the ‘‘Flood Control Act

6 of 1944’’) (58 Stat. 891)), was approved to promote

7 the general economic development of the United

8 States;

9 (2) the Fort Randall and Big Bend dam and

10 reservoir projects in South Dakota—

11 (A) are major components of the Pick-Sloan

12 Missouri River Basin Program; and

13 (B) contribute to the national economy;

14 (3) the Fort Randall and Big Bend projects in15 undated the fertile bottom land of the Lower Brule

16 and Crow Creek Sioux Tribes, which greatly damaged

17 the economy and cultural resources of the Tribes;

18 (4) Congress has provided compensation to sev19 eral Indian tribes, including the Lower Brule and

20 Crow Creek Sioux Tribes, that border the Missouri

21 River and suffered injury as a result of 1 or more

22 Pick-Sloan Projects;

23 (5) the compensation provided to those Indian

24 tribes has not been consistent;

25 (6) Missouri River Indian tribes that suffered

26 injury as a result of 1 or more Pick-Sloan Projects
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1 should be adequately compensated for those injuries,

2 and that compensation should be consistent among the

3 Tribes; and

4 (7) the Lower Brule Sioux Tribe and the Crow

5 Creek Sioux Tribe, based on methodology determined

6 appropriate by the General Accounting Office, are en7 titled to receive additional compensation for injuries

8 described in paragraph (6), so as to provide parity

9 among compensation received by all Missouri River

10 Indian tribes.

11 SEC. 1103. LOWER BRULE SIOUX TRIBE.

12 Section 4(b) of the Lower Brule Sioux Tribe Infra13 structure Development Trust Fund Act (Public Law 105–

14 132; 111 Stat. 2565) is amended by striking ‘‘$39,300,000’’

15 and inserting ‘‘$186,822,140’’.

16 SEC. 1104. CROW CREEK SIOUX TRIBE.

17 Section 4(b) of the Crow Creek Sioux Tribe Infrastruc18 ture Development Trust Fund Act of 1996 (Public Law

19 104–223; 110 Stat. 3027) is amended by striking

20 ‘‘$27,500,000’’ and inserting ‘‘$105,917,853’’.

21 TITLE XII—REDWOOD NATIONAL

22 PARK BOUNDARY ADJUSTMENT

23 SEC. 1201. SHORT TITLE.

24 This title may be cited as the ‘‘Redwood National Park

25 Boundary Adjustment Act of 2004’’.
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1 SEC. 1202. REDWOOD NATIONAL PARK BOUNDARY ADJUST2 MENT.

3 Section 2(a) of the Act of Public Law 90–545 (16

4 U.S.C. 79b(a)) is amended—

5 (1) in the first sentence, by striking ‘‘(a) The

6 area’’ and all that follows through the period at the

7 end and inserting the following: ‘‘(a)(1) The Redwood

8 National Park consists of the land generally depicted

9 on the map entitled ‘Redwood National Park, Revised

10 Boundary’, numbered 167/60502, and dated Feb11 ruary, 2003.’’;

12 (2) by inserting after paragraph (1) (as des13 ignated by paragraph (1)) the following:

14 ‘‘(2) The map referred to in paragraph (1) shall be—

15 ‘‘(A) on file and available for public inspection

16 in the appropriate offices of the National Park Serv17 ice; and

18 ‘‘(B) provided by the Secretary of the Interior to

19 the appropriate officers of Del Norte and Humboldt

20 Counties, California.’’; and

21 (3) in the second sentence—

22 (A) by striking ‘‘The Secretary’’ and insert23 ing the following:

24 ‘‘(3) The Secretary’’; and

25 (B) by striking ‘‘one hundred and six thou26 sand acres’’ and inserting ‘‘133,000 acres’’.
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1 TITLE XIII—VALLES CALDERA

2 PRESERVATION

3 SEC. 1301. SHORT TITLE.

4 This title may be cited as the ‘‘Valles Caldera Preser5 vation Act of 2004’’.

6 SEC. 1302. AMENDMENTS TO THE VALLES CALDERA PRES7 ERVATION ACT.

8 (a) ACQUISITION OF OUTSTANDING MINERAL INTER9 ESTS.—Section 104(e) of the Valles Caldera Preservation

10 Act (16 U.S.C. 698v–2(e)) is amended—

11 (1) by striking ‘‘The acquisition’’ and inserting

12 the following:

13 ‘‘(1) IN GENERAL.—The acquisition’’;

14 (2) by striking ‘‘The Secretary’’ and inserting

15 the following:

16 ‘‘(2) ACQUISITION.—The Secretary’’;

17 (3) by striking ‘‘on a willing seller basis’’;

18 (4) by striking ‘‘Any such’’ and inserting the fol19 lowing:

20 ‘‘(3) ADMINISTRATION.—Any such’’; and

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

22 ‘‘(4) AVAILABLE FUNDS.—Any such interests

23 shall be acquired with available funds.

24 ‘‘(5) DECLARATION OF TAKING.—
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1 ‘‘(A) IN GENERAL.—If negotiations to ac2 quire the interests are unsuccessful by the date

3 that is 60 days after the date of enactment of

4 this paragraph, the Secretary shall acquire the

5 interests pursuant to section 3114 of title 40,

6 United States Code.

7 ‘‘(B) SOURCE OF FUNDS.—Any difference

8 between the sum of money estimated to be just

9 compensation by the Secretary and the amount

10 awarded shall be paid from the permanent judg11 ment appropriation under section 1304 of title

12 31, United States Code.’’.

13 (b) OBLIGATIONS AND EXPENDITURES.—Section

14 106(e) of the Valles Caldera Preservation Act (16 U.S.C.

15 698v–4(e)) is amended by adding at the end the following:

16 ‘‘(4) OBLIGATIONS AND EXPENDITURES.—Subject

17 to the laws applicable to Government corporations,

18 the Trust shall determine—

19 ‘‘(A) the character of, and the necessity for,

20 any obligations and expenditures of the Trust;

21 and

22 ‘‘(B) the manner in which obligations and

23 expenditures shall be incurred, allowed, and

24 paid.’’.
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1 (c) SOLICITATION OF DONATIONS.—Section 106(g) of

2 the Valles Caldera Preservation Act (16 U.S.C. 698v–4(g))

3 is amended by striking ‘‘The Trust may solicit’’ and insert4 ing ‘‘The members of the Board of Trustees, the executive

5 director, and 1 additional employee of the Trust in an exec6 utive position designated by the Board of Trustees or the

7 executive director may solicit’’.

8 (d) USE OF PROCEEDS.—Section 106(h)(1) of the

9 Valles Caldera Preservation Act (16 U.S.C. 698v–4(h)(1))

10 is amended by striking ‘‘subsection (g)’’ and inserting ‘‘sub11 section (g), from claims, judgments, or settlements arising

12 from activities occurring on the Baca Ranch or the Preserve

13 after October 27, 1999,’’.

14 SEC. 1303. BOARD OF TRUSTEES.

15 Section 107(e) of the Valles Caldera Preservation Act

16 (U.S.C. 698v–5(e)) is amended—

17 (1) in paragraph (2), by striking ‘‘Trustees’’ and

18 inserting ‘‘Except as provided in paragraph (3),

19 trustees’’; and

20 (2) in paragraph (3)—

21 (A) by striking ‘‘Trustees’’ and inserting the

22 following:

23 ‘‘(A) SELECTION.—Trustees’’; and

24 (B) by adding at the end the following:
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1 ‘‘(B) COMPENSATION.—On request of the

2 chair, the chair may be compensated at a rate

3 determined by the Board of Trustees, but not to

4 exceed the daily equivalent of the annual rate of

5 pay for level IV of the Executive Schedule under

6 section 5315 of title 5, United States Code, for

7 each day (including travel time) in which the

8 chair is engaged in the performance of duties of

9 the Board of Trustees.

10 ‘‘(C) MAXIMUM RATE OF PAY.—The total

11 amount of compensation paid to the chair for a

12 fiscal year under subparagraph (B) shall not ex13 ceed 25 percent of the annual rate of pay for

14 level IV of the Executive Schedule under section

15 5315 of title 5, United States Code.’’.

16 SEC. 1304. RESOURCE MANAGEMENT.

17 (a) PROPERTY DISPOSAL LIMITATIONS.—Section

18 108(c)(3) of the Valles Caldera Preservation Act (16 U.S.C.

19 698v–6(c)(3)) is amended—

20 (1) in the first sentence, by striking ‘‘The Trust

21 may not dispose’’ and inserting the following:

22 ‘‘(A) IN GENERAL.—The Trust may not dis23 pose’’;

24 (2) in the second sentence, by striking ‘‘The

25 Trust’’ and inserting the following:
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1 ‘‘(B) MAXIMUM DURATION.—The Trust’’;

2 (3) in the last sentence, by striking ‘‘Any such’’

3 and inserting the following:

4 ‘‘(C) TERMINATION.—The’’; and

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

6 ‘‘(D) EXCLUSIONS.—For the purposes of

7 this paragraph, the disposal of real property does

8 not include the sale or other disposal of forage,

9 forest products, or marketable renewable re10 sources.’’.

11 (b) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

12 Section 108(g) of the Valles Caldera Preservation Act (16

13 U.S.C. 698v–6(g)) is amended—

14 (1) in the first sentence, by striking ‘‘The Sec15 retary’’ and inserting the following:

16 ‘‘(1) LAW ENFORCEMENT.—

17 ‘‘(A) IN GENERAL.—The Secretary’’;

18 (2) in the second sentence, by striking ‘‘The

19 Trust’’ and inserting the following:

20 ‘‘(B) FEDERAL AGENCY.—The Trust’’; and

21 (3) by striking ‘‘At the request of the Trust’’ and

22 all that follows through the end of the paragraph and

23 inserting the following:

24 ‘‘(2) FIRE MANAGEMENT.—

25 ‘‘(A) NON-REIMBURSABLE SERVICES.—
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1 ‘‘(i) DEVELOPMENT OF PLAN.—The

2 Secretary shall, in consultation with the

3 Trust, develop a plan to carry out fire pre4 paredness, suppression, and emergency re5 habilitation services on the Preserve.

6 ‘‘(ii) CONSISTENCY WITH MANAGEMENT

7 PROGRAM.—The plan shall be consistent

8 with the management program developed

9 pursuant to subsection (d).

10 ‘‘(iii) COOPERATIVE AGREEMENT.—To

11 the extent generally authorized at other

12 units of the National Forest System, the

13 Secretary shall provide the services to be

14 carried out pursuant to the plan under a

15 cooperative agreement entered into between

16 the Secretary and the Trust.

17 ‘‘(B) REIMBURSABLE SERVICES.—To the ex18 tent generally authorized at other units of the

19 National Forest System, the Secretary may pro20 vide presuppression and nonemergency rehabili21 tation and restoration services for the Trust at

22 any time on a reimbursable basis.’’.
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1 TITLE XIV—CENTRAL NEVADA

2 RURAL CEMETERIES

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Central Nevada Rural

5 Cemeteries Act’’.

6 SEC. 1402. CONVEYANCE TO LANDER COUNTY, NEVADA.

7 (a) FINDINGS.—Congress finds that—

8 (1) the historical use by settlers and travelers

9 since the late 1800’s of the cemetery known as ‘‘King10 ston Cemetery’’ in Kingston, Nevada, predates incor11 poration of the land within the jurisdiction of the

12 Forest Service on which the cemetery is situated;

13 (2) it is appropriate that that use be continued

14 through local public ownership of the parcel rather

15 than through the permitting process of the Federal

16 agency;

17 (3) in accordance with Public Law 85–569 (com18 monly known as the ‘‘Townsite Act’’) (16 U.S.C.

19 478a), the Forest Service has conveyed to the Town of

20 Kingston 1.25 acres of the land on which historic

21 gravesites have been identified; and

22 (4) to ensure that all areas that may have un23 marked gravesites are included, and to ensure the

24 availability of adequate gravesite space in future

25 years, an additional parcel consisting of approxi-
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1 mately 8.75 acres should be conveyed to the county so

2 as to include the total amount of the acreage included

3 in the original permit issued by the Forest Service for

4 the cemetery.

5 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub6 ject to valid existing rights and the condition stated in sub7 section (e), the Secretary of Agriculture, acting through the

8 Chief of the Forest Service (referred to in this section as

9 the ‘‘Secretary’’), not later than 90 days after the date of

10 enactment of this Act, shall convey to Lander County, Ne11 vada (referred to in this section as the ‘‘county’’), for no

12 consideration, all right, title, and interest of the United

13 States in and to the parcel of land described in subsection

14 (c).

15 (c) DESCRIPTION OF LAND.—The parcel of land re16 ferred to in subsection (b) is the parcel of National Forest

17 System land (including any improvements on the land)

18 known as ‘‘Kingston Cemetery’’, consisting of approxi19 mately 10 acres and more particularly described as

SW1⁄4SE1⁄4SE1 20 ⁄4 of section 36, T. 16N., R. 43E., Mount

21 Diablo Meridian.

22 (d) EASEMENT.—At the time of the conveyance under

23 subsection (b), subject to subsection (e)(2), the Secretary

24 shall grant the county an easement allowing access for per25 sons desiring to visit the cemetery and other cemetery pur-
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1 poses over Forest Development Road #20307B, notwith2 standing any future closing of the road for other use.

3 (e) CONDITION ON USE OF LAND.—

4 (1) IN GENERAL.—The county (including its suc5 cessors) shall continue the use of the parcel conveyed

6 under subsection (b) as a cemetery.

7 (2) REVERSION.—If the Secretary, after notice to

8 the county and an opportunity for a hearing, makes

9 a finding that the county has used or permitted the

10 use of the parcel for any purpose other than the pur11 pose specified in paragraph (1), and the county fails

12 to discontinue that use—

13 (A) title to the parcel shall revert to the Sec14 retary, to be administered by the Secretary; and

15 (B) the easement granted to the county

16 under subsection (d) shall be revoked.

17 (3) WAIVER.—The Secretary may waive the ap18 plication of subparagraph (A) or (B) of paragraph

19 (2) if the Secretary determines that a waiver would

20 be in the best interests of the United States.

21 SEC. 1403. CONVEYANCE TO EUREKA COUNTY, NEVADA.

22 (a) FINDINGS.—Congress finds that—

23 (1) the historical use by settlers and travelers

24 since the late 1800’s of the cemetery known as ‘‘Maid25 en’s Grave Cemetery’’ in Beowawe, Nevada, predates
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1 incorporation of the land within the jurisdiction of

2 the Bureau of Land Management on which the ceme3 tery is situated; and

4 (2) it is appropriate that that use be continued

5 through local public ownership of the parcel rather

6 than through the permitting process of the Federal

7 agency.

8 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub9 ject to valid existing rights and the condition stated in sub10 section (e), the Secretary of the Interior, acting through the

11 Director of the Bureau of Land Management (referred to

12 in this section as the ‘‘Secretary’’), not later than 90 days

13 after the date of enactment of this Act, shall convey to Eure14 ka County, Nevada (referred to in this section as the ‘‘coun15 ty’’), for no consideration, all right, title, and interest of

16 the United States in and to the parcel of land described

17 in subsection (c).

18 (c) DESCRIPTION OF LAND.—The parcel of land re19 ferred to in subsection (b) is the parcel of public land (in20 cluding any improvements on the land) known as ‘‘Maid21 en’s Grave Cemetery’’, consisting of approximately 10 acres

and more particularly described as S1⁄2NE1⁄4SW1⁄4SW1 22 ⁄4,

N1⁄2SE1⁄4SW1⁄4SW1 23 ⁄4 of section 10, T.31N., R.49E., Mount

24 Diablo Meridian.
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1 (d) EASEMENT.—At the time of the conveyance under

2 subsection (b), subject to subsection (e)(2), the Secretary

3 shall grant the county an easement allowing access for per4 sons desiring to visit the cemetery and other cemetery pur5 poses over an appropriate access route consistent with cur6 rent access.

7 (e) CONDITION ON USE OF LAND.—

8 (1) IN GENERAL.—The county (including its suc9 cessors) shall continue the use of the parcel conveyed

10 under subsection (b) as a cemetery.

11 (2) REVERSION.—If the Secretary, after notice to

12 the county and an opportunity for a hearing, makes

13 a finding that the county has used or permitted the

14 use of the parcel for any purpose other than the pur15 pose specified in paragraph (1), and the county fails

16 to discontinue that use—

17 (A) title to the parcel shall revert to the Sec18 retary, to be administered by the Secretary; and

19 (B) the easement granted to the county

20 under subsection (d) shall be revoked.

21 (3) WAIVER.—The Secretary may waive the ap22 plication of subparagraph (A) or (B) of paragraph

23 (2) if the Secretary determines that a waiver would

24 be in the best interests of the United States.
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1 TITLE XV—DANDINI RESEARCH

2 PARK CONVEYANCE

3 SEC. 1501. SHORT TITLE.

4 This title may be cited as the ‘‘Dandini Research Park

5 Conveyance Act’’.

6 SEC. 1502. DEFINITIONS.

7 In this title:

8 (1) BOARD OF REGENTS.—The term ‘‘Board of

9 Regents’’ means the Board of Regents of the Univer10 sity and Community College System of Nevada.

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

12 the Secretary of the Interior.

13 SEC. 1503. CONVEYANCE TO THE UNIVERSITY AND COMMU14 NITY COLLEGE SYSTEM OF NEVADA.

15 (a) CONVEYANCE.—

16 (1) IN GENERAL.—The Secretary shall convey to

17 the Board of Regents, without consideration, all right,

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

19 approximately 467 acres of land located in Washoe

20 County, Nevada, patented to the University of Nevada

21 under the Act of June 14, 1926 (commonly known as

22 the ‘‘Recreation and Public Purposes Act’’) (43

23 U.S.C. 869 et seq.), and described in paragraph (2).

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

25 to in paragraph (1) is—
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1 (A) the parcel of land consisting of approxi2 mately 309.11 acres and more particularly de3 scribed as T. 20 N., R. 19 E., Sec. 25, lots 1, 2,

3, 4, 5, and 11, SE1⁄4NW1⁄4, NE1⁄4SW1 4 ⁄4, Mount

5 Diablo Meridian, Nevada; and

6 (B) the parcel of land consisting of approxi7 mately 158.22 acres and more particularly de8 scribed as T. 20 N., R. 19 E., Sec. 25, lots 6 and

7, SW1⁄4NE1⁄4, NW1⁄4SE1 9 ⁄4, Mount Diablo Merid10 ian, Nevada.

11 (b) COSTS.—The Board of Regents shall pay to the

12 United States an amount equal to the costs of the Secretary

13 associated with the conveyance under subsection (a)(1).

14 (c) CONDITIONS.—If the Board of Regents sells any

15 portion of the land conveyed to the Board of Regents under

16 subsection (a)(1)—

17 (1) the amount of consideration for the sale shall

18 reflect fair market value, as determined by an ap19 praisal; and

20 (2) the Board of Regents shall pay to the Sec21 retary an amount equal to the net proceeds of the

22 sale, for use by the Director of the Bureau of Land

23 Management in the State of Nevada, without further

24 appropriation.
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1 TITLE XVI—ACQUISITION OF

2 CERTAIN PROPERTY IN WASH3 INGTON COUNTY, UTAH

4 SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASH5 INGTON COUNTY, UTAH.

6 (a) DEFINITION OF OWNER.—In this section, the term

7 ‘‘owner’’ means an owner that is able to convey to the

8 United States clear title to property taken under this sec9 tion.

10 (b) TAKING OF PROPERTY.—Notwithstanding any

11 other provision of law, effective 30 days after the date of

12 enactment of this Act, there is vested in the United States

13 all right, title, and interest in and to, and the right to im14 mediate possession of certain land located in a master

15 planned community development in Washington County,

16 Utah, known as ‘‘PAHO’’, owned by Environmental Land

17 Technology, Ltd., Rocky Mountain Ventures, and James

18 Doyle, within the Red Cliffs Reserve in Washington County,

19 Utah, consisting of—

20 (A) the fee simple interest in approximately

21 1,516 acres of real property; and

22 (B) the fee simple interest in 34 acres of

23 real property adjacent to the Red Cliffs Reserve

24 owned by Environmental Land Technology, Ltd.

25 (c) JUST COMPENSATION.—
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1 (1) IN GENERAL.—The United States shall pay

2 the owner just compensation determined as of the date

3 of enactment of this Act.

4 (2) AMOUNT.—Payment of just compensation

5 shall be in the amount of—

6 (A) the valuation of the property deter7 mined by judgment awarded by a United States

8 Court of competent jurisdiction;

9 (B) interest from the date of enactment of

10 this Act; and

11 (C) any other costs and expenses, if any, as

12 determined by the court.

13 (3) INTEREST.—Interest under this subsection

14 shall be compounded in the same manner as under

15 subsection (b)(2)(B) of the first section of the Act of

16 April 17, 1954 (16 U.S.C. 429b(b)(2)(B)), except that

17 the reference in that provision to the date of enact18 ment of the Manassas National Battlefield Park

19 Amendments of 1988 shall be deemed to be a reference

20 to the date of enactment of this Act.

21 (4) SOURCE OF PAYMENT.—Payment of the

22 amount pursuant to this section shall be made from

23 the permanent judgment appropriation under section

24 1304 of title 31, United States Code.
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1 (5) FULL FAITH AND CREDIT.—The full faith

2 and credit of the United States is pledged to the pay3 ment of any judgment entered against the United

4 States with respect to the taking of property under

5 this section.

6 TITLE XVII—NORTHERN ARI7 ZONA LAND EXCHANGE AND

8 VERDE RIVER BASIN PART9 NERSHIP

10 SEC. 1701. SHORT TITLE.

11 This title may be cited as the ‘‘Northern Arizona Land

12 Exchange and Verde River Basin Partnership Act of 2004’’.

13 Subtitle A—Northern Arizona Land

14 Exchange

15 SEC. 1711. DEFINITIONS.

16 In this subtitle:

17 (1) CAMP.—The term ‘‘camp’’ means Camp

18 Pearlstein, Friendly Pines, Patterdale Pines, Pine

19 Summit, Sky Y, and Young Life Lost Canyon camps

20 in the State of Arizona.

21 (2) CITIES.—The term ‘‘cities’’ means the cities

22 of Flagstaff, Williams, and Camp Verde, Arizona.

23 (3) FEDERAL LAND.—The term ‘‘Federal land’’

24 means the land described in section 1714.
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1 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means the land described in section 1713.

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Agriculture.

5 (6) YAVAPAI RANCH.—The term ‘‘Yavapai

6 Ranch’’ means the Yavapai Ranch Limited Partner7 ship, an Arizona Limited Partnership, and the

8 Northern Yavapai, L.L.C., an Arizona Limited Li9 ability Company.

10 SEC. 1712. LAND EXCHANGE.

11 (a) IN GENERAL.—(1) Upon the conveyance by

12 Yavapai Ranch of title to the non-Federal land identified

13 in section 1713, the Secretary shall simultaneously convey

14 to Yavapai Ranch title to the Federal land identified in

15 section 1714.

16 (2) Title to the lands to be exchanged shall be in a

17 form acceptable to the Secretary and Yavapai Ranch.

18 (3) The Federal and non-Federal lands to be exchanged

19 under this subtitle may be modified prior to the exchange

20 as provided in this subtitle.

21 (4)(A) By mutual agreement, the Secretary and

22 Yavapai Ranch may make minor and technical corrections

23 to the maps and legal descriptions of the lands and interests

24 therein exchanged or retained under this subtitle, including
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1 changes, if necessary to conform to surveys approved by the

2 Bureau of Land Management.

3 (B) In the case of any discrepancy between a map and

4 legal description, the map shall prevail unless the Secretary

5 and Yavapai Ranch agree otherwise.

6 (b) EXCHANGE PROCESS.—(1) Except as otherwise

7 provided in this subtitle, the land exchange under subsection

8 (a) shall be undertaken in accordance with section 206 of

9 the Federal Land Policy and Management Act (43 U.S.C.

10 1716).

11 (2) Before completing the land exchange under this

12 subtitle, the Secretary shall perform any necessary land

13 surveys and pre-exchange inventories, clearances, reviews,

14 and approvals, including those relating to hazardous mate15 rials, threatened and endangered species, cultural and his16 toric resources, and wetlands and flood plains.

17 (c) EQUAL VALUE EXCHANGE.—(1) The value of the

18 Federal land and the non-Federal land shall be equal, or

19 equalized by the Secretary by adjusting the acreage of the

20 Federal land in accordance with paragraph (2).

21 (2) If the final appraised value of the Federal land

22 exceeds the final appraised value of the non-Federal land,

23 prior to making other adjustments, the Federal lands shall

24 be adjusted by deleting all or part of the parcels or portions

25 of the parcels in the following order:
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1 (A) A portion of the Camp Verde parcel de2 scribed in section 1714(a)(4), comprising approxi3 mately 316 acres, located in the Prescott National

4 Forest, and more particularly described as lots 1, 5,

and 6 of section 26, the NE1⁄4NE1 5 ⁄4 portion of section

26 and the N1⁄2N1 6 ⁄2 portion of section 27, Township

7 14 North, Range 4 East, Gila and Salt River Base

8 and Meridian, Yavapai County, Arizona.

9 (B) A portion of the Camp Verde parcel de10 scribed in section 1714(a)(4), comprising approxi11 mately 314 acres, located in the Prescott National

12 Forest, and more particularly described as lots 2, 7,

8, and 9 of section 26, the SE1⁄4NE1 13 ⁄4 portion of section 26, and the S1⁄2N1 14 ⁄2 of section 27, Township 14

15 North, Range 4 East, Gila and Salt River Base and

16 Meridian, Yavapai County, Arizona.

17 (C) Beginning at the south boundary of section

18 31, Township 20 North, Range 5 West, Gila and Salt

19 River Base and Meridian, Yavapai County, Arizona,

20 and sections 33 and 35, Township 20 North, Range

21 6 West, Gila and Salt River Base and Meridian,

22 Yavapai County, Arizona, by adding to the non-Federal land to be conveyed to the United States in 1 23 ⁄8-

24 section increments (E-W 64th line) while deleting

25 from the conveyance to Yavapai Ranch Federal land
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1 in the same incremental portions of section 32, Town2 ship 20 North, Range 5 West, Gila and Salt River

3 Base and Meridian, Yavapai County, Arizona, and

4 sections 32, 34, and 36 in Township 20 North, Range

5 6 West, Gila and Salt River Base and Meridian,

6 Yavapai County, Arizona, to establish a linear and

7 continuous boundary that runs east-to-west across the

8 sections.

9 (D) Any other parcels, or portions thereof, agreed

10 to by the Secretary and Yavapai Ranch.

11 (3) If any parcel of Federal land or non-Federal land

12 is not conveyed because of any reason, that parcel of land,

13 or portion thereof, shall be excluded from the exchange and

14 the remaining lands shall be adjusted as provided in this

15 subsection.

16 (4) If the value of the Federal land exceeds the value

17 of the non-Federal land by more than $50,000, the Sec18 retary and Yavapai Ranch shall, by mutual agreement, de19 lete additional Federal land from the exchange until the

20 value of the Federal land and non-Federal land is, to the

21 maximum extent practicable, equal.

22 (d) APPRAISALS.—(1) The value of the Federal land

23 and non-Federal land shall be determined by appraisals

24 prepared in accordance with the Uniform Appraisal Stand-
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1 ards for Federal Land Acquisitions and the Uniform

2 Standards of Professional Appraisal Practice.

3 (2)(A) After the Secretary has reviewed and approved

4 the final appraised values of the Federal land and non-Fed5 eral land to be exchanged, the Secretary shall not be re6 quired to reappraise or update the final appraised values

7 before the completion of the land exchange.

8 (B) This paragraph shall apply during the three-year

9 period following the approval by the Secretary of the final

10 appraised values of the Federal land and non-Federal land

11 unless the Secretary and Yavapai Ranch have entered into

12 an agreement to implement the exchange.

13 (3) During the appraisal process, the appraiser shall

14 determine the value of each parcel of Federal land and non15 Federal land (including the contributory value of each indi16 vidual section of the intermingled Federal and non-Federal

17 land of the property described in sections 103(a) and

18 104(a)(1)) as an assembled transaction.

19 (4)(A) To ensure the timely and full disclosure to the

20 public of the final appraised values of the Federal land and

21 non-Federal land, the Secretary shall provide public notice

22 of any appraisals approved by the Secretary and copies of

23 such appraisals shall be available for public inspection in

24 appropriate offices of the Prescott, Coconino, and Kaibab

25 National Forests.
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1 (B) The Secretary shall also provide copies of any ap2 proved appraisals to the cities and the owners of the camps

3 described in section 1711(1).

4 (e) CONTRACTING.—(1) If the Secretary lacks adequate

5 staff or resources to complete the exchange by the date speci6 fied in section 1716(c), Yavapai Ranch, subject to the agree7 ment of the Secretary, may contract with independent

8 third-party contractors to carry out any work necessary to

9 complete the exchange by that date.

10 (2) If, in accordance with this subsection, Yavapai

11 Ranch contracts with an independent third-party con12 tractor to carry out any work that would otherwise be per13 formed by the Secretary, the Secretary shall reimburse

14 Yavapai Ranch for the costs for the third-party contractors.

15 (f) EASEMENTS.—(1) The exchange of non-Federal and

16 Federal land under this subtitle shall be subject to any ease17 ments, rights-of-way, utility lines, and any other valid en18 cumbrances in existence on the date of enactment of this

19 subtitle, including acquired easements for water pipelines

20 as generally depicted on the map entitled ‘‘Yavapai Ranch

21 Land Exchange, YRLP Acquired Easements for Water

22 Lines’’ dated April 2002, and any other reservations that

23 may be agreed to by the Secretary and Yavapai Ranch.

24 (2) Upon completion of the land exchange under this

25 subtitle, the Secretary and Yavapai Ranch shall grant each
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1 other at no charge reciprocal easements for access and utili2 ties across, over, and through—

3 (A) the routes depicted on the map entitled

4 ‘‘Yavapai Ranch Land Exchange, Road and Trail

5 Easements, Yavapai Ranch Area’’ dated April 2002;

6 and

7 (B) any relocated routes that are agreed to by

8 the Secretary and Yavapai Ranch.

9 (3) An easement described in paragraph (2) shall be

10 unrestricted and non-exclusive in nature and shall run with

11 and benefit the land.

12 (g) CONVEYANCE OF FEDERAL LAND TO CITIES AND

13 CAMPS.—(1) Prior to the completion of the land exchange

14 between Yavapai Ranch and the Secretary, the cities and

15 the owners of the camps may enter into agreements with

16 Yavapai Ranch whereby Yavapai Ranch, upon completion

17 of the land exchange, will convey to the cities or the owners

18 of the camps the applicable parcel of Federal land or por19 tion thereof.

20 (2) If Yavapai Ranch and the cities or camp owners

21 have not entered into agreements in accordance with para22 graph (1), the Secretary shall, on notification by the cities

23 or owners of the camps no later than 30 days after the date

24 the relevant approved appraisal is made publicly available,

25 delete the applicable parcel or portion thereof from the land
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1 exchange between Yavapai Ranch and the United States as

2 follows:

3 (A) Upon request of the City of Flagstaff, Ari4 zona, the parcels, or portion thereof, described in sec5 tion 1714(a)(2).

6 (B) Upon request of the City of Williams, Ari7 zona, the parcels, or portion thereof, described in sec8 tion 1714(a)(3).

9 (C) Upon request of the City of Camp Verde, Ar10 izona, a portion of the parcel described in section

11 1714(a)(4), comprising approximately 514 acres lo12 cated southeast of the southeastern boundary of the I–

13 17 right-of-way, and more particularly described as

the SE1 14 ⁄4 portion of the southeast quarter of section

26, the E1⁄2 and the E1⁄2W1 15 ⁄2 portions of section 35,

16 and lots 5 through 7 of section 36, Township 14

17 North, Range 4 East, Gila and Salt River Base and

18 Meridian, Yavapai County, Arizona.

19 (D) Upon request of the owners of the Younglife

20 Lost Canyon camp, the parcel described in section

21 1714(a)(5).

22 (E) Upon request of the owner of Friendly Pines

23 Camp, Patterdale Pines Camp, Camp Pearlstein,

24 Pine Summit, or Sky Y Camp, as applicable, the cor25 responding parcel described in section 1714(a)(6).
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1 (3)(A) Upon request of the specific city or camp ref2 erenced in paragraph (2), the Secretary shall convey to such

3 city or camp all right, title, and interest of the United

4 States in and to the applicable parcel of Federal land or

5 portion thereof, upon payment of the fair market value of

6 the parcel and subject to any terms and conditions the Sec7 retary may require.

8 (B) A conveyance under this paragraph shall not re9 quire new administrative or environmental analyses or ap10 praisals beyond those prepared for the land exchange.

11 (4) A city or owner of a camp purchasing land under

12 this subsection shall reimburse Yavapai Ranch for any costs

13 incurred which are directly associated with surveys and ap14 praisals of the specific property conveyed.

15 (5) A conveyance of land under this subsection shall

16 not affect the timing of the land exchange.

17 (6) Nothing in this subsection limits the authority of

18 the Secretary or Yavapai Ranch to delete any of the parcels

19 referenced in this subsection from the land exchange.

20 (7)(A) The Secretary shall deposit the proceeds of any

21 sale under paragraph (2) in a special account in the fund

22 established under Public Law 90–171 (commonly known as

23 the ‘‘Sisk Act’’) (16 U.S.C. 484a).

24 (B) Amounts deposited under subparagraph (A) shall

25 be available to the Secretary, without further appropria-
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1 tion, to be used for the acquisition of land in the State of

2 Arizona for addition to the National Forest System, includ3 ing the land to be exchanged under this subtitle.

4 SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND.

5 (a) IN GENERAL.—The non-Federal land referred to

6 in this subtitle consists of approximately 35,000 acres of

7 privately-owned land within the boundaries of the Prescott

8 National Forest, as generally depicted on the map entitled

9 ‘‘Yavapai Ranch Land Exchange, Non-Federal Lands’’,

10 dated April 2002.

11 (b) EASEMENTS.—(1) The conveyance of non-Federal

12 land to the United States under section 1712 shall be subject

13 to the reservation of—

14 (A) water rights and perpetual easements that

15 run with and benefit the land retained by Yavapai

16 Ranch for—

17 (i) the operation, maintenance, repair, im18 provement, development, and replacement of not

19 more than 3 wells in existence on the date of en20 actment of this Act;

21 (ii) related storage tanks, valves, pumps,

22 and hardware; and

23 (iii) pipelines to point of use; and
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1 (B) easements for reasonable access to accomplish

2 the purposes of the easements described in subpara3 graph (A).

4 (2) Each easement for an existing well referred to in

5 paragraph (1) shall be 40 acres in area, and to the max6 imum extent practicable, centered on the existing well.

7 (3) The United States shall be entitled to one-half the

8 production of each existing or replacement well, not to ex9 ceed a total of 3,100,000 gallons of water annually for Na10 tional Forest System purposes.

11 (4) The locations of the easements and wells shall be

12 as generally depicted on the map entitled ‘‘Yavapai Ranch

13 Land Exchange, Reserved Easements for Water Lines and

14 Wells’’, dated April 2002.

15 SEC. 1714. DESCRIPTION OF FEDERAL LAND.

16 (a) IN GENERAL.—The Federal land referred to in this

17 subtitle consists of the following:

18 (1) Certain land comprising approximately

19 15,300 acres located in the Prescott National Forest,

20 as generally depicted on the map entitled ‘‘Yavapai

21 Ranch Land Exchange, Yavapai Ranch Area Federal

22 Lands’’, dated April 2002.

23 (2) Certain land located in the Coconino Na24 tional Forest—
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1 (A) comprising approximately 1,500 acres

2 as generally depicted on the map entitled

3 ‘‘Yavapai Ranch Land Exchange, Flagstaff Fed4 eral Lands Airport Parcel’’, dated April, 2002;

5 and

6 (B) comprising approximately 28.26 acres

7 in two separate parcels, as generally depicted on

8 the map entitled ‘‘Yavapai Ranch Land Ex9 change, Flagstaff Federal Lands Wetzel School

10 and Mt. Elden Parcels’’, dated September 2002.

11 (3) Certain land located in the Kaibab National

12 Forest, and referred to as the Williams Airport, Wil13 liams golf course, Williams Sewer, Buckskinner Park,

14 Williams Railroad, and Well parcels number 2, 3,

15 and 4, cumulatively comprising approximately 950

16 acres, as generally depicted on the map entitled

17 ‘‘Yavapai Ranch Land Exchange, Williams Federal

18 Lands’’, dated April 2002.

19 (4) Certain land located in the Prescott National

20 Forest, comprising approximately 2,200 acres, as gen21 erally depicted on the map entitled ‘‘Yavapai Ranch

22 Land Exchange, Camp Verde Federal Land General

23 Crook Parcel’’, dated April 2002.

24 (5) Certain land located in the Kaibab National

25 Forest, comprising approximately 237.5 acres, as gen-
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1 erally depicted on the map entitled ‘‘Yavapai Ranch

2 Land Exchange, Younglife Lost Canyon’’, dated April

3 2002.

4 (6) Certain land located in the Prescott National

5 Forest, including the ‘‘Friendly Pines’’, ‘‘Patterdale

6 Pines’’, ‘‘Camp Pearlstein’’, ‘‘Pine Summit’’, and

7 ‘‘Sky Y’’ camps, cumulatively comprising approxi8 mately 200 acres, as generally depicted on the map

9 entitled ‘‘Yavapai Ranch Land Exchange, Prescott

10 Federal Lands, Summer Youth Camp Parcels’’, dated

11 April 2002.

12 (b) CONDITION OF CONVEYANCE OF CAMP VERDE PAR13 CEL.—(1) To conserve water in the Verde Valley, Arizona,

14 and to minimize the adverse impacts from future develop15 ment of the Camp Verde General Crook parcel described in

16 subsection (a)(4) on current and future holders of water

17 rights in existence of the date of enactment of this subtitle

18 and the Verde River and National Forest System lands re19 tained by the United States, the United States shall limit

20 in perpetuity the use of water on the parcel by reserving

21 conservation easements that—

22 (A) run with the land;

23 (B) prohibit golf course development on the par24 cel;
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1 (C) require that any public park or greenbelt on

2 the parcel be watered with treated wastewater;

3 (D) limit total post-exchange water use on the

4 parcel to not more than 300 acre-feet of water per

5 year;

6 (E) provide that any water supplied by munici7 palities or private water companies shall count to8 wards the post-exchange water use limitation de9 scribed in subparagraph (D); and

10 (F) except for water supplied to the parcel by

11 municipal water service providers or private water

12 companies, require that any water used for the parcel

13 not be withdrawn from wells perforated in the satu14 rated Holocene alluvium of the Verde River.

15 (2) If Yavapai Ranch conveys the Camp Verde parcel

16 described in subsection (a)(4), or any portion thereof, the

17 terms of conveyance shall include a recorded and binding

18 agreement of the quantity of water available for use on the

19 land conveyed, as determined by Yavapai Ranch, except

20 that total water use on the Camp Verde parcel may not

21 exceed the amount specified in paragraph (1)(D).

22 (3) The Secretary may enter into a memorandum of

23 understanding with the State or political subdivision of the

24 State to enforce the terms of the conservation easement.
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1 SEC. 1715. STATUS AND MANAGEMENT OF LAND AFTER EX2 CHANGE.

3 (a) IN GENERAL.—Land acquired by the United

4 States under this subtitle shall become part of the Prescott

5 National Forest and shall be administered by the Secretary

6 in accordance with this subtitle and the laws applicable to

7 the National Forest System.

8 (b) GRAZING.—Where grazing on non-Federal land ac9 quired by the Secretary under this subtitle occurs prior to

10 the date of enactment of this Act, the Secretary may manage

11 the land to allow for continued grazing use, in accordance

12 with the laws generally applicable to domestic livestock

13 grazing on National Forest System land.

14 (c) TIMBER HARVESTING.—(1) After completion of the

15 land exchange under this subtitle, except as provided in

16 paragraph (2), commercial timber harvesting shall be pro17 hibited on the non-Federal land acquired by the United

18 States.

19 (2) Timber harvesting may be conducted on the non20 Federal land acquired under this subtitle if the Secretary

21 determines that such harvesting is necessary—

22 (A) to prevent or control fires, insects, and dis23 ease through forest thinning or other forest manage24 ment techniques;

25 (B) to protect or enhance grassland habitat, wa26 tershed values, native plants and wildlife species; or
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1 (C) to improve forest health.

2 SEC. 1716. MISCELLANEOUS PROVISIONS.

3 (a) REVOCATION OF ORDERS.—Any public orders

4 withdrawing any of the Federal land from appropriation

5 or disposal under the public land laws are revoked to the

6 extent necessary to permit disposal of the Federal land.

7 (b) WITHDRAWAL OF FEDERAL LAND.—Subject to

8 valid existing rights, the Federal land is withdrawn from

9 all forms of entry and appropriation under the public land

10 laws; location, entry, and patent under the mining laws;

11 and operation of the mineral leasing and geothermal leasing

12 laws, until the date on which the land exchange is com13 pleted.

14 (c) COMPLETION OF EXCHANGE.—It is the intent of

15 Congress that the land exchange authorized and directed

16 under this subtitle be completed not later than 18 months

17 after the date of enactment of this Act.

18 SEC. 1717. CONVEYANCE OF ADDITIONAL LAND.

19 (a) IN GENERAL—The Secretary shall convey to a per20 son that represents the majority of landowners with en21 croachments on the lot by quitclaim deed the parcel of land

22 described in subsection (b).

23 (b) DESCRIPTION OF LAND.—The parcel of land re24 ferred to in subsection (a) is lot 8 in section 11, T. 21 N.,
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1 R. 7 E., Gila and Salt River Base and Meridian, Coconino

2 County, Arizona.

3 (c) AMOUNT OF CONSIDERATION.—In exchange for the

4 land described in subsection (b), the person acquiring the

5 land shall pay to the Secretary consideration in the amount

6 of—

7 (1) $2500; plus

8 (2) any costs of re-monumenting the boundary of

9 land.

10 (d) TIMING.—(1) Not later than 90 days after the date

11 on which the Secretary receives a power of attorney executed

12 by the person acquiring the land, the Secretary shall convey

13 to the person the land described in subsection (b).

14 (2) If, by the date that is 270 days after the date of

15 enactment of this Act, the Secretary does not receive the

16 power of attorney described in paragraph (1)—

17 (A) the authority provided under this section

18 shall terminate; and

19 (B) any conveyance of the land shall be made

20 under Public Law 97–465 (16 U.S.C. 521c et seq.).

21 Subtitle B—Verde River Basin

22 Partnership

23 SEC. 1721. PURPOSE.

24 The purpose of this subtitle is to authorize assistance

25 for a collaborative and science-based water resource plan-
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1 ning and management partnership for the Verde River

2 Basin in the State of Arizona, consisting of members that

3 represent—

4 (1) Federal, State, and local agencies; and

5 (2) economic, environmental, and community

6 water interests in the Verde River Basin.

7 SEC. 1722. DEFINITIONS.

8 In this subtitle:

9 (1) DIRECTOR.—The term ‘‘Director’’ means the

10 Director of the Arizona Department of Water Re11 sources.

12 (2) PARTNERSHIP.—The term ‘‘Partnership’’

13 means the Verde River Basin Partnership.

14 (3) PLAN.—The term ‘‘plan’’ means the plan for

15 the Verde River Basin required by section 1724(a)(1).

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

17 the Secretary of Agriculture.

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

19 of Arizona.

20 (6) VERDE RIVER BASIN.—The term ‘‘Verde

21 River Basin’’ means the land area designated by the

22 Arizona Department of Water Resources as encom23 passing surface water and groundwater resources, in24 cluding drainage and recharge areas with a hydro25 logic connection to the Verde River.
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1 (7) WATER BUDGET.—The term ‘‘water budget’’

2 means the accounting of—

3 (A) the quantities of water leaving the

4 Verde River Basin—

5 (i) as discharge to the Verde River and

6 tributaries;

7 (ii) as subsurface outflow;

8 (iii) as evapotranspiration by riparian

9 vegetation;

10 (iv) as surface evaporation;

11 (v) for agricultural use; and

12 (vi) for human consumption; and

13 (B) the quantities of water replenishing the

14 Verde River Basin by precipitation, infiltration,

15 and subsurface inflows.

16 SEC. 1723. VERDE RIVER BASIN PARTNERSHIP.

17 (a) IN GENERAL.—The Secretary may participate in

18 the establishment of a partnership, to be known as the

19 ‘‘Verde River Basin Partnership’’, made up of Federal,

20 State, local governments, and other entities with respon21 sibilities and expertise in water to coordinate and cooperate

22 in the identification and implementation of comprehensive

23 science-based policies, projects, and management activities

24 relating to the Verde River Basin.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—On estab2 lishment of the Partnership, there are authorized to be ap3 propriated to the Secretary and the Secretary of the Interior

4 such sums as are necessary to carry out the activities of

5 the Partnership for each of fiscal years 2005 through 2009.

6 SEC. 1724. VERDE RIVER BASIN STUDIES.

7 (a) STUDIES.—

8 (1) IN GENERAL.—The Partnership shall prepare

9 a plan for conducting water resource studies in the

10 Verde River Basin that identifies—

11 (A) the primary study objectives to fulfill

12 water resource planning and management needs

13 for the Verde River Basin; and

14 (B) the water resource studies, hydrologic

15 models, surface and groundwater monitoring net16 works, and other analytical tools helpful in the

17 identification of long-term water supply manage18 ment options within the Verde River Basin.

19 (2) REQUIREMENTS.—At a minimum, the plan

20 shall—

21 (A) include a list of specific studies and

22 analyses that are needed to support Partnership

23 planning and management decisions;

24 (B) identify any ongoing or completed

25 water resource or riparian studies that are rel-
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1 evant to water resource planning and manage2 ment for the Verde River Basin;

3 (C) describe the estimated cost and duration

4 of the proposed studies and analyses; and

5 (D) designate as a study priority the com6 pilation of a water budget analysis for the Verde

7 Valley.

8 (b) VERDE VALLEY WATER BUDGET ANALYSIS.—

9 (1) IN GENERAL.—Subject to the availability of

10 appropriations, not later than 14 months after the

11 date of enactment of this Act, the Director of the U.S.

12 Geological Survey, in cooperation with the Director,

13 shall prepare and submit to the Partnership a report

14 that provides a water budget analysis of the portion

15 of the Verde River Basin within the Verde Valley.

16 (2) COMPONENTS.—The report submitted under

17 paragraph (1) shall include—

18 (A) a summary of the information available

19 on the hydrologic flow regime for the portion of

20 the Middle Verde River from the Clarkdale

21 streamgauging station to the city of Camp Verde

22 at United States Geological Survey Stream

23 Gauge 09506000;
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1 (B) with respect to the portion of the Middle

2 Verde River described in subparagraph (A), esti3 mates of—

4 (i) the inflow and outflow of surface

5 water and groundwater;

6 (ii) annual consumptive water use;

7 and

8 (iii) changes in groundwater storage;

9 and

10 (C) an analysis of the potential long-term

11 consequences of various water use scenarios on

12 groundwater levels and Verde River flows.

13 (c) PRELIMINARY REPORT AND RECOMMENDATIONS.—

14 .

15 (1) IN GENERAL.—Not later than 16 months

16 after the date of enactment of this Act, using the in17 formation provided in the report submitted under

18 subsection (b) and any other relevant information, the

19 Partnership shall submit to the Secretary, the Gov20 ernor of Arizona, and representatives of the Verde

21 Valley communities, a preliminary report that sets

22 forth the findings and recommendations of the Part23 nership regarding the long-term available water sup24 ply within the Verde Valley.
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1 (2) CONSIDERATION OF RECOMMENDATIONS.—

2 The Secretary may take into account the rec3 ommendations included in the report submitted under

4 paragraph (1) with respect to decisions affecting land

5 under the jurisdiction of the Secretary, including any

6 future sales or exchanges of Federal land in the Verde

7 River Basin after the date of enactment of this Act.

8 (3) EFFECT.—Any recommendations included in

9 the report submitted under paragraph (1) shall not

10 affect the land exchange process or the appraisals of

11 the Federal land and non-Federal land conducted

12 under sections 103 and 104.

13 SEC. 1725. VERDE RIVER BASIN PARTNERSHIP FINAL RE14 PORT.

15 Not later than 4 years after the date of enactment of

16 this Act, the Partnership shall submit to the Secretary and

17 the Governor of Arizona a final report that—

18 (1) includes a summary of the results of any

19 water resource assessments conducted under this sub20 title in the Verde River Basin;

21 (2) identifies any areas in the Verde River Basin

22 that are determined to have groundwater deficits or

23 other current or potential water supply problems;
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1 (3) identifies long-term water supply manage2 ment options for communities and water resources

3 within the Verde River Basin; and

4 (4) identifies water resource analyses and moni5 toring needed to support the implementation of man6 agement options.

7 SEC. 1726. MEMORANDUM OF UNDERSTANDING.

8 The Secretary (acting through the Chief of the Forest

9 Service) and the Secretary of the Interior, shall enter into

10 a memorandum of understanding authorizing the United

11 States Geological Survey to access Forest Service land (in12 cluding stream gauges, weather stations, wells, or other

13 points of data collection on the Forest Service land) to carry

14 out this subtitle.

15 SEC. 1727. EFFECT.

16 Nothing in this title diminishes or expands State or

17 local jurisdiction, responsibilities, or rights with respect to

18 water resource management or control.

19 TITLE XVIII—PACTOLA RES20 ERVOIR REALLOCATION AU21 THORIZATION ACT OF 2004

22 SEC. 1801. SHORT TITLE.

23 This title may be cited as the ‘‘Pactola Reservoir Re24 allocation Authorization Act of 2004’’.
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1 SEC. 1802. FINDINGS.

2 Congress finds that—

3 (1) it is appropriate to reallocate the costs of the

4 Pactola Dam and Reservoir, South Dakota, to reflect

5 increased demands for municipal, industrial, and fish

6 and wildlife purposes; and

7 (2) section 302 of the Department of Energy Or8 ganization Act (42 U.S.C. 7152) prohibits such a re9 allocation of costs without congressional approval.

10 SEC. 1803. REALLOCATION OF COSTS OF PACTOLA DAM AND

11 RESERVOIR, SOUTH DAKOTA.

12 The Secretary of the Interior may, as provided in the

13 contract of August 2001 entered into between Rapid City,

14 South Dakota, and the Rapid Valley Conservancy District,

15 reallocate, in a manner consistent with Federal reclamation

16 law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),

17 and Acts supplemental to and amendatory of that Act (43

18 U.S.C. 371 et seq.)), the construction costs of Pactola Dam

19 and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri

20 Basin Program, South Dakota, from irrigation purposes to

21 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
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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