IIB 

112TH CONGRESS 

2D SESSION H. R. 2578 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To amend the Wild and Scenic Rivers Act related to a 

segment of the Lower Merced River in California, and 

for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Conservation and Eco3 nomic Growth Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—LOWER MERCED RIVER 

Sec. 101. Lower Merced River. 

TITLE II—BONNEVILLE UNIT CLEAN HYDROPOWER 

FACILITATION ACT 

Sec. 201. Short title. 

Sec. 202. Diamond Fork System defined. 

Sec. 203. Cost allocations. 

Sec. 204. No purchase or market obligation; no costs assigned to power. 

Sec. 205. Prohibition on tax-exempt financing. 

Sec. 206. Reporting requirement. 

Sec. 207. PayGo. 

Sec. 208. Limitation on the use of funds. 

TITLE III—SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT 

FINALIZATION AND JOBS PROTECTION ACT 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Findings; purpose. 

Sec. 304. Selections in southeast Alaska. 

Sec. 305. Conveyances to Sealaska. 

Sec. 306. Miscellaneous. 

Sec. 307. Maps. 

TITLE IV—SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK 

BOUNDARY EXPANSION ACT 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Boundary expansion. 

TITLE V—WACO MAMMOTH NATIONAL MONUMENT 

ESTABLISHMENT ACT OF 2012 

Sec. 501. Short title. 

Sec. 502. Findings. 

Sec. 503. Definitions. 

Sec. 504. Waco Mammoth National Monument, Texas. 

Sec. 505. Administration of monument. 

Sec. 506. No buffer zones. 


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TITLE VI—NORTH CASCADES NATIONAL PARK ACCESS 

Sec. 601. Findings. 

Sec. 602. Authorization for boundary adjustments. 

TITLE VII—ENDANGERED SALMON AND FISHERIES PREDATION 

PREVENTION ACT 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. Taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other 

nonlisted fish species. 

Sec. 704. Sense of Congress. 

Sec. 705. Treaty rights of federally recognized Indian tribes. 

TITLE VIII—REAUTHORIZATION OF HERGER-FEINSTEIN QUINCY 

LIBRARY GROUP FOREST RECOVERY ACT 

Sec. 801. Reauthorization of Herger-Feinstein Quincy Library Group Forest 

Recovery Act. 

TITLE IX—YERINGTON LAND CONVEYANCE AND SUSTAINABLE 

DEVELOPMENT ACT 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Definitions. 

Sec. 904. Conveyances of land to City of Yerington, Nevada. 

Sec. 905. Release of the United States. 

TITLE X—PRESERVING ACCESS TO CAPE HATTERAS NATIONAL 

SEASHORE RECREATIONAL AREA ACT 

Sec. 1001. Short title. 

Sec. 1002. Reinstatement of Interim Management Strategy. 

Sec. 1003. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection. 

Sec. 1004. Inapplicability of final rule and consent degree. 

TITLE XI—GRAZING IMPROVEMENT ACT OF 2012 

Sec. 1101. Short title. 

Sec. 1102. Terms of grazing permits and leases. 

Sec. 1103. Renewal, transfer, and reissuance of grazing permits and leases. 

TITLE XII—TARGET PRACTICE AND MARKSMANSHIP TRAINING 

SUPPORT ACT 

Sec. 1201. Short title. 

Sec. 1202. Findings; purpose. 

Sec. 1203. Definition of public target range. 

Sec. 1204. Amendments to Pittman-Robertson Wildlife Restoration Act. 

Sec. 1205. Limits on liability. 

Sec. 1206. Sense of Congress regarding cooperation. 

TITLE XIII—CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY 

ACT OF 2012 


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Sec. 1301. Short title. 

Sec. 1302. Chesapeake Bay Crosscut Budget. 

Sec. 1303. Adaptive Management Plan. 

Sec. 1304. Independent Evaluator for the Chesapeake Bay Program. 

Sec. 1305. Definitions. 

TITLE XIV—NATIONAL SECURITY AND FEDERAL LANDS 

PROTECTION ACT 

Sec. 1401. Waiver of Federal laws with respect to border security actions on 

Department of the Interior and Department of Agriculture 

lands. 

1 TITLE I—LOWER MERCED RIVER 

2 SEC. 101. LOWER MERCED RIVER. 

3 (a) WILD AND SCENIC RIVERS ACT.—Section 

4 3(a)(62)(B)(i) of the Wild and Scenic Rivers Act (16 

5 U.S.C. 1274(a)(62)) is amended— 

6 (1) by striking ‘‘the normal maximum’’ the first 

7 place that it appears and all that follows through 

8 ‘‘April, 1990.’’ and inserting the following: ‘‘the 

9 boundary of FERC Project No. 2179 as it existed 

10 on July 18, 2011, consisting of a point approxi11 mately 2,480 feet downstream of the confluence with 

12 the North Fork of the Merced River, consisting of 

13 approximately 7.4 miles.’’; and 

14 (2) by striking ‘‘the normal maximum operating 

15 pool water surface level of Lake McClure’’ the sec16 ond time that it occurs and inserting ‘‘the boundary 

17 of FERC Project No. 2179 as it existed on July 18, 

18 2011, consisting of a point approximately 2,480 feet 

19 downstream of the confluence with the North Fork 

20 of the Merced River’’. 


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1 (b) EXCHEQUER PROJECT.—Section 3 of Public Law 

2 102–432 is amended by striking ‘‘Act:’’ and all that fol3 lows through the period and inserting ‘‘Act.’’. 

4 TITLE II—BONNEVILLE UNIT 

5 CLEAN HYDROPOWER FACILI6 TATION ACT 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Bonneville Unit Clean 

9 Hydropower Facilitation Act’’. 

10 SEC. 202. DIAMOND FORK SYSTEM DEFINED. 

11 For the purposes of this title, the term ‘‘Diamond 

12 Fork System’’ means the facilities described in chapter 4 

13 of the October 2004 Supplement to the 1988 Definite 

14 Plan Report for the Bonneville Unit. 

15 SEC. 203. COST ALLOCATIONS. 

16 Notwithstanding any other provision of law, in order 

17 to facilitate hydropower development on the Diamond 

18 Fork System, the amount of reimbursable costs allocated 

19 to project power in Chapter 6 of the Power Appendix in 

20 the October 2004 Supplement to the 1988 Bonneville Unit 

21 Definite Plan Report, with regard to power development 

22 upstream of the Diamond Fork System, shall be consid23 ered final costs as well as costs in excess of the total max24 imum repayment obligation as defined in section 211 of 

25 the Central Utah Project Completion Act of 1992 (Public 


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1 Law 102–575), and shall be subject to the same terms 

2 and conditions. 

3 SEC. 204. NO PURCHASE OR MARKET OBLIGATION; NO 

4 COSTS ASSIGNED TO POWER. 

5 Nothing in this title shall obligate the Western Area 

6 Power Administration to purchase or market any of the 

7 power produced by the Diamond Fork power plant and 

8 none of the costs associated with development of trans9 mission facilities to transmit power from the Diamond 

10 Fork power plant shall be assigned to power for the pur11 pose of Colorado River Storage Project ratemaking. 

12 SEC. 205. PROHIBITION ON TAX-EXEMPT FINANCING. 

13 No facility for the generation or transmission of hy14 droelectric power on the Diamond Fork System may be 

15 financed or refinanced, in whole or in part, with proceeds 

16 of any obligation— 

17 (1) the interest on which is exempt from the 

18 tax imposed under chapter 1 of the Internal Rev19 enue Code of 1986; or 

20 (2) with respect to which credit is allowable 

21 under subpart I or J of part IV of subchapter A of 

22 chapter 1 of such Code. 

23 SEC. 206. REPORTING REQUIREMENT. 

24 If, 24 months after the date of the enactment of this 

25 title, hydropower production on the Diamond Fork System 


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1 has not commenced, the Secretary of the Interior shall 

2 submit a report to the Committee on Natural Resources 

3 of the House of Representatives and the Committee on 

4 Energy and Natural Resources of the Senate stating this 

5 fact, the reasons such production has not yet commenced, 

6 and a detailed timeline for future hydropower production. 

7 SEC. 207. PAYGO. 

8 The budgetary effects of this title, for the purpose 

9 of complying with the Statutory Pay-As-You-Go Act of 

10 2010, shall be determined by reference to the latest state11 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 

12 for this title, submitted for printing in the Congressional 

13 Record by the Chairman of the House Budget Committee, 

14 provided that such statement has been submitted prior to 

15 the vote on passage. 

16 SEC. 208. LIMITATION ON THE USE OF FUNDS. 

17 The authority under the provisions of section 301 of 

18 the Hoover Power Plant Act of 1984 (Public Law 98–381; 

19 42 U.S.C. 16421a) shall not be used to fund any study 

20 or construction of transmission facilities developed as a 

21 result of this title. 


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1 TITLE III—SOUTHEAST ALASKA 

2 NATIVE LAND ENTITLEMENT 

3 FINALIZATION AND JOBS 

4 PROTECTION ACT 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Southeast Alaska Na7 tive Land Entitlement Finalization and Jobs Protection 

8 Act’’. 

9 SEC. 302. DEFINITIONS. 

10 In this title: 

11 (1) CONSERVATION SYSTEM UNIT.—The term 

12 ‘‘conservation system unit’’ has the meaning given 

13 the term in section 102 of the Alaska National In14 terest Lands Conservation Act (16 U.S.C. 3102). 

15 (2) SEALASKA.—The term ‘‘Sealaska’’ means 

16 the Sealaska Corporation, a Regional Native Cor17 poration created under the Alaska Native Claims 

18 Settlement Act (43 U.S.C. 1601 et seq.). 

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

20 the Secretary of the Interior. 

21 SEC. 303. FINDINGS; PURPOSE. 

22 (a) FINDINGS.—Congress finds that— 

23 (1)(A) in 1971, Congress enacted the Alaska 

24 Native Claims Settlement Act (43 U.S.C. 1601 et 

25 seq.) to recognize and settle the aboriginal claims of 


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1 Alaska Natives to land historically used by Alaska 

2 Natives for traditional, cultural, and spiritual pur3 poses; and 

4 (B) that Act declared that the land settlement 

5 ‘‘should be accomplished rapidly, with certainty, in 

6 conformity with the real economic and social needs 

7 of Natives’’; 

8 (2) the Alaska Native Claims Settlement Act 

9 (43 U.S.C. 1601 et seq.)— 

10 (A) authorized the distribution of approxi11 mately $1,000,000,000 and 44,000,000 acres of 

12 land to Alaska Natives; and 

13 (B) provided for the establishment of Na14 tive Corporations to receive and manage the 

15 funds and that land to meet the cultural, social, 

16 and economic needs of Native shareholders; 

17 (3) under section 12 of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1611), each Re19 gional Corporation, other than Sealaska (the Re20 gional Corporation for southeast Alaska), was au21 thorized to receive a share of land based on the pro22 portion that the number of Alaska Native share23 holders residing in the region of the Regional Cor24 poration bore to the total number of Alaska Native 

25 shareholders, or the relative size of the area to which 


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1 the Regional Corporation had an aboriginal land 

2 claim bore to the size of the area to which all Re3 gional Corporations had aboriginal land claims; 

4 (4)(A) Sealaska, the Regional Corporation for 

5 southeast Alaska, 1 of the Regional Corporations 

6 with the largest number of Alaska Native share7 holders, with more than 21 percent of all original 

8 Alaska Native shareholders, received less than 1 per9 cent of the lands set aside for Alaska Natives, and 

10 received no land under section 12 of the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1611); 

12 (B) the Tlingit and Haida Indian Tribes of 

13 Alaska was 1 of the entities representing the Alaska 

14 Natives of southeast Alaska before the date of enact15 ment of the Alaska Native Claims Settlement Act 

16 (43 U.S.C. 1601 et seq.); and 

17 (C) Sealaska did not receive land in proportion 

18 to the number of Alaska Native shareholders, or in 

19 proportion to the size of the area to which Sealaska 

20 had an aboriginal land claim, in part because of a 

21 United States Court of Claims cash settlement to 

22 the Tlingit and Haida Indian Tribes of Alaska in 

23 1968 for land previously taken to create the Tongass 

24 National Forest and Glacier Bay National Monu25 ment; 


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1 (5) the 1968 Court of Claims cash settlement 

2 of $7,500,000 did not— 

3 (A) adequately compensate the Alaska Na4 tives of southeast Alaska for the significant 

5 quantity of land and resources lost as a result 

6 of the creation of the Tongass National Forest 

7 and Glacier Bay National Monument or other 

8 losses of land and resources; or 

9 (B) justify the significant disparate treat10 ment of Sealaska under the Alaska Native 

11 Claims Settlement Act (43 U.S.C. 1611) in 

12 1971; 

13 (6)(A) while each other Regional Corporation 

14 received a significant quantity of land under sections 

15 12 and 14 of the Alaska Native Claims Settlement 

16 Act (43 U.S.C. 1611, 1613), Sealaska only received 

17 land under section 14(h) of that Act (43 U.S.C. 

18 1613(h)); 

19 (B) section 14(h) of the Alaska Native Claims 

20 Settlement Act (43 U.S.C. 1613(h)) authorized the 

21 Secretary to withdraw and convey 2,000,000-acres 

22 of ‘‘unreserved and unappropriated’’ public lands in 

23 Alaska from which Alaska Native selections could be 

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1 poration land, Native group land, and Native Allot2 ments; 

3 (C) under section 14(h)(8) of the Alaska Native 

4 Claims Settlement Act (43 U.S.C. 1613(h)(8)), after 

5 selections are made under paragraphs (1) through 

6 (7) of that section, the land remaining in the 

7 2,000,000-acre land pool is allocated based on the 

8 proportion that the original Alaska Native share9 holder population of a Regional Corporation bore to 

10 the original Alaska Native shareholder population of 

11 all Regional Corporations; 

12 (D) the only Native land entitlement of 

13 Sealaska derives from a proportion of leftover land 

14 remaining from the 2,000,000-acre land pool, esti15 mated as of the date of enactment of this Act at ap16 proximately 1,700,000 acres; 

17 (E) because at the time of enactment of the 

18 Alaska Native Claims Settlement Act (43 U.S.C. 

19 1601 et seq.) all public land in the Tongass National 

20 Forest had been reserved for purposes of creating 

21 the national forest, the Secretary was not able to 

22 withdraw any public land in the Tongass National 

23 Forest for selection by and conveyance to Sealaska; 

24 (F) at the time of enactment of the Alaska Na25 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 


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1 other public lands in southeast Alaska not located in 

2 the Tongass National Forest were not suitable for 

3 selection by and conveyance to Sealaska because 

4 such lands were located in Glacier Bay National 

5 Monument, were included in a withdrawal effected 

6 pursuant to section 17(d)(2) of that Act (43 U.S.C. 

7 1616(d)(2)) and slated to become part of the 

8 Wrangell-St. Elias National Park, or essentially con9 sisted of mountain tops; 

10 (G) Sealaska in 1975 requested that Congress 

11 amend the Alaska Native Claims Settlement Act (43 

12 U.S.C. 1601 et seq.) to permit the Regional Cor13 poration to select lands inside of the withdrawal 

14 areas established for southeast Alaska Native vil15 lages under section 16 of that Act (43 U.S.C. 1615); 

16 and 

17 (H) in 1976, Congress amended section 16 of 

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

19 1615) to allow Sealaska to select lands under section 

20 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) from 

21 land located inside, rather than outside, the with22 drawal areas established for southeast Alaska Native 

23 villages; 

24 (7) the 10 Alaska Native village withdrawal 

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1 tive communities of Yakutat, Hoonah, Angoon, 

2 Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, 

3 and Saxman; 

4 (8)(A) the existing conveyance requirements of 

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

6 1601 et seq.) for southeast Alaska limit the land eli7 gible for conveyance to Sealaska to the original with8 drawal areas surrounding 10 Alaska Native villages 

9 in southeast Alaska, which precludes Sealaska from 

10 selecting land located— 

11 (i) in any withdrawal area established for 

12 the Urban Corporations for Sitka and Juneau, 

13 Alaska; or 

14 (ii) outside the 10 Alaska Native village 

15 withdrawal areas; and 

16 (B) unlike other Regional Corporations, 

17 Sealaska is not authorized to request land located 

18 outside the withdrawal areas described in subpara19 graph (A) if the withdrawal areas are insufficient to 

20 complete the land entitlement of Sealaska under the 

21 Alaska Native Claims Settlement Act (43 U.S.C. 

22 1601 et seq.); 

23 (9)(A) the deadline for applications for selection 

24 of cemetery sites and historic places on land outside 

25 withdrawal areas established under section 14 of the 


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1 Alaska Native Claims Settlement Act (43 U.S.C. 

2 1613) was July 1, 1976; 

3 (B)(i) as of that date, the Bureau of Land 

4 Management notified Sealaska that the total entitle5 ment of Sealaska would be approximately 200,000 

6 acres; and 

7 (ii) Sealaska made entitlement allocation deci8 sions for cultural sites and economic development 

9 sites based on that original estimate; and 

10 (C) as a result of the Alaska Land Transfer Ac11 celeration Act (Public Law 108–452; 118 Stat. 

12 3575) and subsequent related determinations and 

13 actions of the Bureau of Land Management, it be14 came clear within the last decade that Sealaska will 

15 receive significantly more than 200,000 acres pursu16 ant to the Alaska Native Claims Settlement Act (43 

17 U.S.C. 1601 et seq.); 

18 (10) in light of the revised Bureau of Land 

19 Management estimate of the total number of acres 

20 that Sealaska will receive pursuant to the Alaska 

21 Native Claims Settlement Act (43 U.S.C. 1601 et 

22 seq.), and in consultation with Members of Alaska’s 

23 congressional delegation, Sealaska and its share24 holders believe that it is appropriate to allocate more 

25 of the entitlement of Sealaska to— 


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1 (A) the acquisition of places of sacred, cul2 tural, traditional, and historical significance; 

3 (B) the acquisition of sites with traditional 

4 and recreational use value and sites suitable for 

5 renewable energy development; and 

6 (C) the acquisition of lands that are not 

7 within the watersheds of Native and non-Native 

8 communities and are suitable economically and 

9 environmentally for natural resource develop10 ment; 

11 (11)(A) pursuant to section 11(a)(1) of the 

12 Alaska Native Claims Settlement Act (43 U.S.C. 

13 1610(a)(1)), Sealaska was not authorized to select 

14 under section 14(h)(1) of that Act (43 U.S.C. 

15 1613(h)(1)) any site within Glacier Bay National 

16 Park, despite the abundance of cultural sites within 

17 that Park; 

18 (B) Sealaska seeks cooperative agreements to 

19 ensure that cultural sites within Glacier Bay Na20 tional Park are subject to cooperative management 

21 by Sealaska, Village and Urban Corporations, and 

22 federally recognized tribes with ties to the cultural 

23 sites and history of the Park; and 

24 (C) Congress recognizes that there is an exist25 ing Memorandum of Understanding (MOU) between 


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1 the Park Service and the Hoonah Indian Associa2 tion, and does not intend to circumvent the MOU; 

3 rather the intent is to ensure that this and similar 

4 mechanisms for cooperative management in Glacier 

5 Bay are required by law; 

6 (12)(A) the cemetery sites and historic places 

7 conveyed to Sealaska pursuant to section 14(h)(1) of 

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

9 1613(h)(1)) are subject to a restrictive covenant not 

10 required by the Alaska Native Claims Settlement 

11 Act (43 U.S.C. 1601 et seq.) that hinders the ability 

12 of Sealaska to use the sites for cultural, educational, 

13 or research purposes for Alaska Natives and others; 

14 (B) historic sites managed by the Forest Serv15 ice are not subject to the limitations referred to in 

16 subparagraph (A); and 

17 (C) Alaska Natives of southeast Alaska should 

18 be permitted to use cemetery sites and historic 

19 places in a manner that is— 

20 (i) consistent with the sacred, cultural, tra21 ditional, or historic nature of the site; and 

22 (ii) not inconsistent with the management 

23 plans for adjacent public land; 

24 (13) 44 percent (820,000 acres) of the 10 Alas25 ka Native village withdrawal areas established under 


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

2 1601 et seq.) described in paragraphs (7) and (8) 

3 are composed of salt water and not available for se4 lection; 

5 (14) of land subject to the selection rights of 

6 Sealaska, 110,000 acres are encumbered by guber7 natorial consent requirements under the Alaska Na8 tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 

9 (15) in each withdrawal area, there exist factors 

10 that limit the ability of Sealaska to select sufficient 

11 land, and, in particular, economically viable land, to 

12 fulfill the land entitlement of Sealaska, including 

13 factors such as— 

14 (A) with respect to the Yakutat withdrawal 

15 area— 

16 (i) 46 percent of the area is salt 

17 water; 

18 (ii) 10 sections (6,400 acres) around 

19 the Situk Lake were restricted from selec20 tion, with no consideration provided for the 

21 restriction; and 

22 (iii)(I) 70,000 acres are subject to a 

23 gubernatorial consent requirement before 

24 selection; and 


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1 (II) Sealaska received no consider2 ation with respect to the consent restric3 tion; 

4 (B) with respect to the Hoonah withdrawal 

5 area, 51 percent of the area is salt water; 

6 (C) with respect to the Angoon withdrawal 

7 area— 

8 (i) 120,000 acres of the area is salt 

9 water; 

10 (ii) Sealaska received no consideration 

11 regarding the prohibition on selecting land 

12 from the 80,000 acres located within the 

13 Admiralty Island National Monument; and 

14 (iii)(I) the Village Corporation for 

15 Angoon was allowed to select land located 

16 outside the withdrawal area on Prince of 

17 Wales Island, subject to the condition that 

18 the Village Corporation shall not select 

19 land located on Admiralty Island; but 

20 (II) no alternative land adjacent to 

21 the out-of-withdrawal land of the Village 

22 Corporation was made available for selec23 tion by Sealaska; 

24 (D) with respect to the Kake withdrawal 

25 area— 


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1 (i) 64 percent of the area is salt 

2 water; and 

3 (ii) extensive timber harvesting by the 

4 Forest Service occurred in the area before 

5 1971 that significantly reduced the value 

6 of land available for selection by, and con7 veyance to, Sealaska; 

8 (E) with respect to the Kasaan withdrawal 

9 area— 

10 (i) 54 percent of the area is salt 

11 water; and 

12 (ii) the Forest Service previously har13 vested in the area; 

14 (F) with respect to the Klawock with15 drawal area— 

16 (i) the area consists of only 5 town17 ships, as compared to the usual withdrawal 

18 area of 9 townships, because of the prox19 imity of the Klawock withdrawal area to 

20 the Village of Craig, which reduces the se21 lection area by 92,160 acres; and 

22 (ii) the Klawock and Craig withdrawal 

23 areas are 35 percent salt water; 

24 (G) with respect to the Craig withdrawal 

25 area, the withdrawal area consists of only 6 


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1 townships, as compared to the usual withdrawal 

2 area of 9 townships, because of the proximity of 

3 the Craig withdrawal area to the Village of 

4 Klawock, which reduces the selection area by 

5 69,120 acres; 

6 (H) with respect to the Hydaburg with7 drawal area— 

8 (i) 36 percent of the area is salt 

9 water; and 

10 (ii) Sealaska received no consideration 

11 under the Haida Land Exchange Act of 

12 1986 (Public Law No. 99–664; 100 Stat. 

13 4303) for relinquishing selection rights to 

14 land within the withdrawal area that the 

15 Haida Corporation exchanged to the For16 est Service; 

17 (I) with respect to the Klukwan withdrawal 

18 area— 

19 (i) 27 percent of the area is salt 

20 water; and 

21 (ii) the withdrawal area is only 70,000 

22 acres, as compared to the usual withdrawal 

23 area of 207,360 acres, which reduces the 

24 selection area by 137,360 acres; and 


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1 (J) with respect to the Saxman withdrawal 

2 area— 

3 (i) 29 percent of the area is salt 

4 water; 

5 (ii) Sealaska received no consideration 

6 for the 50,576 acres within the withdrawal 

7 area adjacent to the first-class city of 

8 Ketchikan that were excluded from selec9 tion; 

10 (iii) Sealaska received no consider11 ation with respect to the 1977 amendment 

12 to the Alaska Native Claims Settlement 

13 Act (43 U.S.C. 1601 et seq.) requiring gu14 bernatorial consent for selection of 58,000 

15 acres in that area; and 

16 (iv) 23,888 acres are located within 

17 the Annette Island Indian Reservation for 

18 the Metlakatla Indian Tribe and are not 

19 available for selection; 

20 (16) the selection limitations and guidelines ap21 plicable to Sealaska under the Alaska Native Claims 

22 Settlement Act (43 U.S.C. 1601 et seq.)— 

23 (A) are inequitable and inconsistent with 

24 the purposes of that Act because there is insuf25 ficient land remaining in the withdrawal areas 


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1 to meet the traditional, cultural, and socio2 economic needs of the shareholders of Sealaska; 

3 and 

4 (B) make it difficult for Sealaska to se5 lect— 

6 (i) places of sacred, cultural, tradi7 tional, and historical significance; 

8 (ii) sites with traditional and recre9 ation use value and sites suitable for re10 newable energy development; and 

11 (iii) lands that meet the real economic 

12 needs of the shareholders of Sealaska; 

13 (17) unless Sealaska is allowed to select land 

14 outside designated withdrawal areas in southeast 

15 Alaska, Sealaska will not be able to— 

16 (A) complete the land entitlement selec17 tions of Sealaska under the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1601 et seq.) 

19 in a manner that meets the cultural, social, and 

20 economic needs of Native shareholders; 

21 (B) avoid land selections in watersheds 

22 that are the exclusive drinking water supply for 

23 regional communities, support world class salm24 on streams, have been identified as important 

25 habitat, or would otherwise be managed by the 


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1 Forest Service as roadless and old growth forest 

2 reserves; 

3 (C) secure ownership of places of sacred, 

4 cultural, traditional, and historical importance 

5 to the Alaska Natives of southeast Alaska; and 

6 (D) continue to support forestry jobs and 

7 economic opportunities for Alaska Natives and 

8 other residents of rural southeast Alaska; 

9 (18)(A) the rate of unemployment in southeast 

10 Alaska exceeds the statewide rate of unemployment 

11 on a non-seasonally adjusted basis; 

12 (B) in January 2011, the Alaska Department 

13 of Labor and Workforce Development reported the 

14 unemployment rate for the Prince of Wales—Outer 

15 Ketchikan census area at approximately 16.2 per16 cent; 

17 (C) in October 2007, the Alaska Department of 

18 Labor and Workforce Development projected popu19 lation losses between 1996 and 2030 for the Prince 

20 of Wales—Outer Ketchikan census area at 56.6 per21 cent; 

22 (D) official unemployment rates severely under23 report the actual level of regional unemployment, 

24 particularly in Native villages; and 


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1 (E) additional job losses will exacerbate out2 migration from Native and non-Native communities 

3 in southeast Alaska; 

4 (19) Sealaska has played, and is expected to 

5 continue to play, a significant role in the health of 

6 the southeast Alaska economy; 

7 (20) despite the small land base of Sealaska as 

8 compared to other Regional Corporations (less than 

9 1 percent of the total quantity of land allocated pur10 suant to the Alaska Native Claims Settlement Act 

11 (43 U.S.C. 1601 et seq.)), Sealaska has— 

12 (A) provided considerable benefits to Alas13 ka Native shareholders; 

14 (B) supported hundreds of jobs for Alaska 

15 Native shareholders and non-shareholders in 

16 southeast Alaska for more than 30 years; and 

17 (C) been a significant economic force in 

18 southeast Alaska; 

19 (21) pursuant to the revenue sharing provisions 

20 of section 7(i) of the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1606(i)), Sealaska has distrib22 uted more than $300,000,000 during the period be23 ginning on January 1, 1971, and ending on Decem24 ber 31, 2005, to Native Corporations throughout the 

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1 sources, which accounts for 42 percent of the total 

2 revenues shared under that section during that pe3 riod; 

4 (22) resource development operations main5 tained by Sealaska— 

6 (A) support hundreds of jobs in the south7 east Alaska region; 

8 (B) make timber available to local and do9 mestic sawmills and other wood products busi10 nesses such as guitar manufacturers; 

11 (C) support firewood programs for local 

12 communities; 

13 (D) support maintenance of roads utilized 

14 by local communities for subsistence and recre15 ation uses; 

16 (E) support development of new biomass 

17 energy opportunities in southeast Alaska, re18 ducing dependence on high-cost diesel fuel for 

19 the generation of energy; 

20 (F) provide start-up capital for innovative 

21 business models in southeast Alaska that create 

22 new opportunities for non-timber economic de23 velopment in the region, including support for 

24 renewable biomass initiatives, Alaska Native ar25 tisans, and rural mariculture farming; and 


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1 (G) support Native education and cultural 

2 and language preservation activities; 

3 (23) if the resource development operations of 

4 Sealaska cease on land appropriate for those oper5 ations, there will be a significant negative impact 

6 on— 

7 (A) southeast Alaska Native shareholders; 

8 (B) the cultural preservation activities of 

9 Sealaska; 

10 (C) the economy of southeast Alaska; and 

11 (D) the Alaska Native community that 

12 benefits from the revenue-sharing requirements 

13 under the Alaska Native claims Settlement Act 

14 (43 U.S.C. 1601 et seq.); 

15 (24) it is critical that the remaining land enti16 tlement conveyances to Sealaska under the Alaska 

17 Native Claims Settlement Act (43 U.S.C. 1601 et 

18 seq.) are fulfilled to continue to meet the economic, 

19 social, and cultural needs of the Alaska Native 

20 shareholders of southeast Alaska and the Alaska Na21 tive community throughout Alaska; 

22 (25) in order to realize cultural preservation 

23 goals while also diversifying economic opportunities, 

24 Sealaska should be authorized to select and receive 

25 conveyance of— 


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1 (A) sacred, cultural, traditional, and his2 toric sites and other places of traditional cul3 tural significance, including traditional and cus4 tomary trade and migration routes, to facilitate 

5 the perpetuation and preservation of Alaska 

6 Native culture and history; 

7 (B) other sites with traditional and recre8 ation use value and sites suitable for renewable 

9 energy development to facilitate appropriate 

10 tourism and outdoor recreation enterprises and 

11 renewable energy development for rural south12 east Alaska communities; and 

13 (C) lands that are suitable economically 

14 and environmentally for natural resource devel15 opment; 

16 (26) on completion of the conveyances of land 

17 of Sealaska to fulfill the full land entitlement of 

18 Sealaska under the Alaska Native Claims Settlement 

19 Act (43 U.S.C. 1601 et seq.), the encumbrances on 

20 327,000 acres of Federal land created by the with21 drawal of land for selection by Native Corporations 

22 in southeast Alaska should be removed, which will 

23 facilitate thorough and complete planning and effi24 cient management relating to national forest land in 

25 southeast Alaska by the Forest Service; 


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1 (27) although the Tribal Forest Protection Act 

2 (25 U.S.C. 3101 note; Public Law 108–278) defines 

3 the term ‘‘Indian tribe’’ to include Indian tribes 

4 under section 4 of the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 450b), a 

6 term which includes ‘‘any Alaska Native village or 

7 regional or village corporation as defined in or estab8 lished pursuant to the Alaska Native Claims Settle9 ment Act * * *’’, the Tribal Forest Protection Act 

10 does not define the term ‘‘Indian forest land or 

11 rangeland’’ to include lands owned by Alaska Native 

12 Corporations, including Sealaska, which are the pri13 mary Indian forest land owners in Alaska, and 

14 therefore, the Tribal Forest Protection Act should be 

15 amended in a manner that will— 

16 (A) permit Native Corporations, including 

17 Sealaska, as Indian forest land owners in Alas18 ka, to work with the Secretary of Agriculture 

19 under the Tribal Forest Protection Act to ad20 dress forest fire and insect infestation issues, 

21 including the spread of the spruce bark beetle 

22 in southeast and southcentral Alaska, which 

23 threaten the health of the Native forestlands; 

24 and 


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1 (B) ensure that Native Corporations, in2 cluding Sealaska, can participate in programs 

3 administered by the Secretary of Agriculture 

4 under the Tribal Forest Protection Act without 

5 including Native Corporations under the defini6 tion in that Act of ‘‘Indian forest land or range7 land’’ or otherwise amending that Act in a 

8 manner that validates, invalidates, or otherwise 

9 affects any claim regarding the existence of In10 dian country in the State of Alaska; and 

11 (28) the National Historic Preservation Act (16 

12 U.S.C. 470 et seq.) defines the term ‘‘Indian tribe’’ 

13 to include any ‘‘Native village, Regional Corporation 

14 or Village Corporation, as those terms are defined in 

15 section 3 of the Alaska Native Claims Settlement 

16 Act’’ but does not define the term ‘‘Tribal lands’’ to 

17 include lands owned by Alaska Native Corporations, 

18 thereby excluding from the National Historic Preser19 vation Act cemetery sites and historical places trans20 ferred to Native Corporations, including Sealaska, 

21 pursuant to the Alaska Native Claims Settlement 

22 Act, and therefore, the National Historic Preserva23 tion Act should be amended in a manner that will— 

24 (A) permit Native Corporations, including 

25 Sealaska, as owners of Indian cemetery sites 


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1 and historical places in Alaska, to work with 

2 the Secretary of the Interior under the National 

3 Historic Preservation Act to secure grants and 

4 other support to manage their own historic sites 

5 and programs pursuant to that Act; and 

6 (B) ensure that Native Corporations, in7 cluding Sealaska, can participate in programs 

8 administered by the Secretary of the Interior 

9 under the National Historic Preservation Act 

10 without including Native Corporations under 

11 the definition in that Act of ‘‘Tribal lands’’ or 

12 otherwise amending that Act in a manner that 

13 validates, invalidates, or otherwise affects any 

14 claim regarding the existence of Indian country 

15 in the State of Alaska. 

16 (b) PURPOSE.—The purpose of this title is to address 

17 the inequitable treatment of Sealaska by allowing Sealaska 

18 to select the remaining land entitlement of Sealaska under 

19 section 14 of the Alaska Native Claims Settlement Act (43 

20 U.S.C. 1613) from designated Federal land in southeast 

21 Alaska located outside the 10 southeast Alaska Native vil22 lage withdrawal areas in a manner that meets the cultural, 

23 social, and economic needs of Native shareholders, includ24 ing the need to maintain jobs supported by Sealaska in 

25 rural southeast Alaska communities. 


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1 SEC. 304. SELECTIONS IN SOUTHEAST ALASKA. 

2 (a) SELECTION BY SEALASKA.— 

3 (1) IN GENERAL.—Notwithstanding section 

4 14(h)(8) of the Alaska Native Claims Settlement Act 

5 (43 U.S.C. 1613(h)(8)), Sealaska is authorized to 

6 select and receive conveyance of the remaining land 

7 entitlement of Sealaska under that Act (43 U.S.C. 

8 1601 et seq.) from Federal land located in southeast 

9 Alaska from each category described in subsections 

10 (b) and (c). 

11 (2) TREATMENT OF LAND CONVEYED.—Land 

12 conveyed pursuant to this title are to be treated as 

13 land conveyed pursuant to the Alaska Native Claims 

14 Settlement Act (43 U.S.C. 1601 et seq.) subject to, 

15 but not limited to— 

16 (A) reservation of public easements across 

17 land pursuant to section 17(b) of the Alaska 

18 Native Claims Settlement Act (43 U.S.C. 

19 1616(b)); 

20 (B) valid existing rights pursuant to sec21 tion 14(g) of the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1613(g)); and 

23 (C) the land bank protections of section 

24 907(d) of the Alaska National Interest and 

25 Lands Conservation Act (43 U.S.C. 1636(d)). 


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1 (b) WITHDRAWAL OF LAND.—The following public 

2 land is withdrawn, subject to valid existing rights, from 

3 all forms of appropriation under public land laws, includ4 ing the mining and mineral leasing laws, and from selec5 tion under the Act of July 7, 1958 (commonly known as 

6 the ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; 

7 Public Law 85–508), and shall be available for selection 

8 by and conveyance to Sealaska to complete the remaining 

9 land entitlement of Sealaska under section 14(h)(8) of the 

10 Alaska Native Claims Settlement Act (43 U.S.C. 

11 1613(h)(8)): 

12 (1) Land identified on the maps dated Feb13 ruary 1, 2011, and labeled ‘‘Attachment A (Maps 1 

14 through 8)’’. 

15 (2) Sites with traditional, recreational, and re16 newable energy use value, as identified on the map 

17 entitled ‘‘Sites with Traditional, Recreational, and 

18 Renewable Energy Use Value’’, dated February 1, 

19 2011, and labeled ‘‘Attachment D’’, subject to the 

20 condition that not more than 5,000 acres shall be se21 lected for those purposes. 

22 (3) Sites identified on the map entitled ‘‘Tradi23 tional and Customary Trade and Migration Routes’’, 

24 dated February 1, 2011, and labeled ‘‘Attachment 

25 C’’, which includes an identification of— 


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1 (A) a conveyance of land 25 feet in width, 

2 together with 1-acre sites at each terminus and 

3 at 8 locations along the route, with the route, 

4 location, and boundaries of the conveyance de5 scribed on the map inset entitled ‘‘Yakutat to 

6 Dry Bay Trade and Migration Route’’ on the 

7 map entitled ‘‘Traditional and Customary 

8 Trade and Migration Routes’’, dated February 

9 1, 2011, and labeled ‘‘Attachment C’’; 

10 (B) a conveyance of land 25 feet in width, 

11 together with 1-acre sites at each terminus, 

12 with the route, location, and boundaries of the 

13 conveyance described on the map inset entitled 

14 ‘‘Bay of Pillars to Port Camden Trade and Mi15 gration Route’’ on the map entitled ‘‘Tradi16 tional and Customary Trade and Migration 

17 Routes’’, dated February 1, 2011, and labeled 

18 ‘‘Attachment C’’; and 

19 (C) a conveyance of land 25 feet in width, 

20 together with 1-acre sites at each terminus, 

21 with the route, location, and boundaries of the 

22 conveyance described on the map inset entitled 

23 ‘‘Portage Bay to Duncan Canal Trade and Mi24 gration Route’’ on the map entitled ‘‘Tradi25 tional and Customary Trade and Migration 


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1 Routes’’, dated February 1, 2011, and labeled 

2 ‘‘Attachment C’’. 

3 (c) SITES WITH SACRED, CULTURAL, TRADITIONAL, 

4 OR HISTORIC SIGNIFICANCE.—Subject to the criteria and 

5 procedures applicable to land selected pursuant to section 

6 14(h)(1) of the Alaska Native Claims Settlement Act (43 

7 U.S.C. 1613(h)(1)) and set forth in the regulations pro8 mulgated at section 2653.5 of title 43, Code of Federal 

9 Regulations (as in effect on the date of enactment of this 

10 Act), except as otherwise provided in this title— 

11 (1) Sealaska shall have a right to identify up to 

12 3,600 acres of sites with sacred, cultural, traditional, 

13 or historic significance, including archeological sites, 

14 cultural landscapes, and natural features having cul15 tural significance; and 

16 (2) on identification of the land by Sealaska 

17 under paragraph (1), the identified land shall be— 

18 (A) withdrawn, subject to valid existing 

19 rights, from all forms of appropriation under 

20 public land laws, including the mining and min21 eral leasing laws, and from selection under the 

22 Act of July 7, 1958 (commonly known as the 

23 ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 

24 21; Public Law 85–508); and 


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1 (B) available for selection by and convey2 ance to Sealaska to complete the remaining 

3 land entitlement of Sealaska under section 

4 14(h)(8) of the Alaska Native Claims Settle5 ment Act (43 U.S.C. 1613(h)(8)) subject to the 

6 conditions that— 

7 (i) no sites with sacred, cultural, tra8 ditional, or historic significance may be se9 lected from within a unit of the National 

10 Park System; and 

11 (ii) beginning on the date that is 15 

12 years after the date of enactment of this 

13 Act, Sealaska shall be limited to identi14 fying not more than 360 acres of sites with 

15 sacred, cultural, traditional, or historic sig16 nificance under this subsection. 

17 (d) FOREST DEVELOPMENT ROADS.—Sealaska shall 

18 receive from the United States, subject to all necessary 

19 State and Federal permits, nonexclusive easements to 

20 Sealaska to allow— 

21 (1) access on the forest development road and 

22 use of the log transfer site identified in paragraphs 

23 (3)(b), (3)(c) and (3)(d) of the patent numbered 50– 

24 85–0112 and dated January 4, 1985; 


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1 (2) access on the forest development road iden2 tified in paragraphs (2)(a) and (2)(b) of the patent 

3 numbered 50–92–0203 and dated February 24, 

4 1992; 

5 (3) access on the forest development road iden6 tified in paragraph (2)(a) of the patent numbered 

7 50–94–0046 and dated December 17, 1993; 

8 (4) access on the forest development roads and 

9 use of the log transfer facilities identified on the 

10 maps dated February 1, 2011, and labeled ‘‘Attach11 ment A (Maps 1 through 8)’’; 

12 (5) a reservation of a right to construct a new 

13 road to connect to existing forest development roads 

14 as generally identified on the maps identified in 

15 paragraph (4); and 

16 (6) access to and reservation of a right to con17 struct a new log transfer facility and log storage 

18 area at the location identified on the maps identified 

19 in paragraph (4). 

20 SEC. 305. CONVEYANCES TO SEALASKA. 

21 (a) TIMELINE FOR CONVEYANCE.— 

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

23 (3), and (4), the Secretary shall work with Sealaska 

24 to develop a mutually agreeable schedule to complete 

25 the conveyance of land to Sealaska under this title. 


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1 (2) FINAL PRIORITIES.—Consistent with the 

2 provisions of section 403 of the Alaska Land Trans3 fer Acceleration Act (43 U.S.C. 1611 note; Public 

4 Law 108–452), not later than 18 months after the 

5 date of enactment of this Act, Sealaska shall submit 

6 to the Secretary the final, irrevocable priorities for 

7 selection of land withdrawn under section 304(b)(1). 

8 (3) SUBSTANTIAL COMPLETION REQUIRED.— 

9 Not later than two years after the date of selection 

10 by Sealaska of land withdrawn under section 

11 304(b)(1), the Secretary shall substantially complete 

12 the conveyance of the land to Sealaska under this 

13 title. 

14 (4) EFFECT.—Nothing in this title shall inter15 fere with or cause any delay in the duty of the Sec16 retary to convey land to the State of Alaska under 

17 section 6 of the Act of July 7, 1958 (commonly 

18 known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. 

19 note prec. 21; Public Law 85–508). 

20 (b) EXPIRATION OF WITHDRAWALS.—On completion 

21 of the selection by Sealaska and the conveyances to 

22 Sealaska of land under subsection (a) in a manner that 

23 is sufficient to fulfill the land entitlement of Sealaska 

24 under section 14(h)(8) of the Alaska Native Claims Settle25 ment Act (43 U.S.C. 1613(h)(8))— 


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1 (1) the right of Sealaska to receive any land 

2 under that Act from within a withdrawal area estab3 lished under subsections (a) and (d) of section 16 of 

4 that Act shall be terminated; 

5 (2) the withdrawal areas set aside for selection 

6 by Native Corporations in southeast Alaska under 

7 subsections (a) and (d) of section 16 of that Act 

8 shall be rescinded; and 

9 (3) land located within a withdrawal area that 

10 is not conveyed to Sealaska or to a southeast Alaska 

11 Village Corporation or Urban Corporation shall be 

12 returned to the unencumbered management of the 

13 Forest Service as part of the Tongass National For14 est. 

15 (c) LIMITATION.—Sealaska shall not select or receive 

16 under this title any conveyance of land pursuant to para17 graph (1) or (2) of section 304(b) located within any con18 servation system unit. 

19 (d) APPLICABLE EASEMENTS AND PUBLIC AC20 CESS.— 

21 (1) IN GENERAL.—In addition to the reserva22 tion of public easements under section 304(a)(2)(A), 

23 the conveyance to Sealaska of land withdrawn pur24 suant to paragraphs (1) and (3) of section 304(b) 

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1 ignated under section 16(a) of the Alaska Native 

2 Claims Settlement Act (43 U.S.C. 1615(a)) shall be 

3 subject to— 

4 (A) a reservation for easements for public 

5 access on the public roads depicted on the maps 

6 dated February 1, 2011, and labeled ‘‘Attach7 ment A (Maps 1 through 8)’’; 

8 (B) a reservation for easements for public 

9 access on the temporary roads designated by 

10 the Forest Service as of the date of the enact11 ment of this Act for the public access trails de12 picted on the maps described in subparagraph 

13 (A); and 

14 (C) the right of noncommercial public ac15 cess for subsistence uses, consistent with title 

16 VIII of the Alaska National Interest Lands 

17 Conservation Act (16 U.S.C. 3111 et seq.), and 

18 recreational access, without liability to 

19 Sealaska, subject to— 

20 (i) the right of Sealaska to regulate 

21 access to ensure public safety, to protect 

22 cultural or scientific resources, and to pro23 vide environmental protection; and 

24 (ii) the condition that Sealaska shall 

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1 ance with State law, notices of the condi2 tions on use. 

3 (2) SACRED, CULTURAL, TRADITIONAL AND

4 HISTORIC SITES.—The conveyance to Sealaska of 

5 land withdrawn pursuant to section 304(c) that is 

6 located outside of a withdrawal area designated 

7 under section 16(a) of the Alaska Native Claims 

8 Settlement Act (43 U.S.C. 1615(a)) shall be subject 

9 to— 

10 (A) the right of public access across the 

11 conveyances where no reasonable alternative ac12 cess around the land is available without liabil13 ity to Sealaska; and 

14 (B) the right of Sealaska to regulate ac15 cess across the conveyances to ensure public 

16 safety, to protect cultural or scientific re17 sources, to provide environmental protection, or 

18 to prohibit activities incompatible with the use 

19 and enjoyment of the land by Sealaska, subject 

20 to the condition that Sealaska shall post on any 

21 applicable property, in accordance with State 

22 law, notices of any such condition. 

23 (3) TRADITIONAL AND CUSTOMARY TRADE AND

24 MIGRATION ROUTES.—The conveyance to Sealaska 

25 of land withdrawn pursuant to section 304(b)(3) 


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1 that is located outside of a withdrawal area des2 ignated under section 16(a) of the Alaska Native 

3 Claims Settlement Act (43 U.S.C. 1615(a)) shall be 

4 subject to a requirement that Sealaska provide pub5 lic access across such linear conveyances if an adja6 cent landowner or the public has a legal right to use 

7 the adjacent private or public land. 

8 (4) SITES WITH TRADITIONAL, RECREATIONAL, 

9 AND RENEWABLE ENERGY USE VALUE.—The con10 veyance to Sealaska of land withdrawn pursuant to 

11 section 304(b)(2) that is located outside of a with12 drawal area designated under section 16(a) of the 

13 Alaska Native Claims Settlement Act (43 U.S.C. 

14 1615(a)) shall be subject to— 

15 (A) the right of public access across the 

16 land without liability to Sealaska; and 

17 (B) the condition that public access across 

18 the land would not be unreasonably restricted 

19 or impaired. 

20 (5) EFFECT.—No right of access provided to 

21 any individual or entity (other than Sealaska) by 

22 this subsection— 

23 (A) creates any interest, other than an in24 terest retained by the United States, of such an 


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1 individual or entity in the land conveyed to 

2 Sealaska in excess of that right of access; or 

3 (B) provides standing in any review of, or 

4 challenge to, any determination by Sealaska 

5 with respect to the management or development 

6 of the applicable land. 

7 (e) CONDITIONS ON SACRED, CULTURAL, AND HIS8 TORIC SITES AND TRADITIONAL AND CUSTOMARY TRADE

9 AND MIGRATION ROUTES.—The conveyance to Sealaska 

10 of land withdrawn pursuant to sections 304(b)(3) and 

11 304(c)— 

12 (1) shall be subject to a covenant prohibiting 

13 any commercial timber harvest or mineral develop14 ment on the land; 

15 (2) shall allow use of the land as described in 

16 subsection (f); and 

17 (3) shall not be subject to any additional re18 strictive covenant based on cultural or historic val19 ues, or any other restriction, encumbrance, or ease20 ment, except as provided in sections 14(g) and 17(b) 

21 of the Alaska Native Claims Settlement Act (43 

22 U.S.C. 1613(g) and 1616(b)). 

23 (f) USES OF SACRED, CULTURAL, TRADITIONAL, 

24 AND HISTORIC SITES AND TRADITIONAL AND CUSTOMARY

25 TRADE AND MIGRATION ROUTES.—Any land conveyed to 


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1 Sealaska from land withdrawn pursuant to sections 

2 304(b)(3) and 304(c) may be used for— 

3 (1) preservation of cultural knowledge and tra4 ditions associated with the site; 

5 (2) historical, cultural, and scientific research 

6 and education; 

7 (3) public interpretation and education regard8 ing the cultural significance of the site to Alaska 

9 Natives; 

10 (4) protection and management of the site to 

11 preserve the natural and cultural features of the 

12 site, including cultural traditions, values, songs, sto13 ries, names, crests, and clan usage, for the benefit 

14 of future generations; and 

15 (5) site improvement activities for any purpose 

16 described in paragraphs (1) through (4), subject to 

17 the condition that the activities— 

18 (A) are consistent with the sacred, cul19 tural, traditional, or historic nature of the site; 

20 and 

21 (B) are not inconsistent with the manage22 ment plans for adjacent public land. 

23 (g) TERMINATION OF RESTRICTIVE COVENANTS.— 

24 (1) IN GENERAL.—Each restrictive covenant re25 garding cultural or historical values with respect to 


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1 any interim conveyance or patent for a historic or 

2 cemetery site issued to Sealaska pursuant to the 

3 Federal regulations contained in sections 2653.5(a) 

4 and 2653.11 of title 43, Code of Federal Regula5 tions (as in effect on the date of enactment of this 

6 Act), in accordance with section 14(h)(1) of the 

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

8 1613(h)(1)), terminates as a matter of law on the 

9 date of enactment of this Act. 

10 (2) REMAINING CONDITIONS.—Land subject to 

11 a covenant described in paragraph (1) on the day 

12 before the date of enactment of this Act shall be 

13 subject to the conditions described in subsection (e). 

14 (3) RECORDS.—Sealaska shall be responsible 

15 for recording with the land title recorders office of 

16 the State of Alaska any modification to an existing 

17 conveyance of land under section 14(h)(1) of the 

18 Alaska Native Claims Settlement Act (43 U.S.C. 

19 1613(h)(1)) as a result of this title. 

20 (h) CONDITIONS ON SITES WITH TRADITIONAL, 

21 RECREATIONAL, AND RENEWABLE ENERGY USE

22 VALUE.—Each conveyance of land to Sealaska from land 

23 withdrawn pursuant to section 304(b)(2) shall be subject 

24 to a covenant prohibiting any commercial timber harvest 

25 or mineral development. 


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1 (i) ESCROW FUNDS FOR WITHDRAWN LAND.—On 

2 the withdrawal by this title of land identified for selection 

3 by Sealaska, the escrow requirements of section 2 of Pub4 lic Law 94–204 (43 U.S.C. 1613 note), shall thereafter 

5 apply to the withdrawn land. 

6 (j) GUIDING AND OUTFITTING SPECIAL USE PER7 MITS OR AUTHORIZATIONS.— 

8 (1) IN GENERAL.—Consistent with the provi9 sions of section 14(g) of the Alaska Native Claims 

10 Settlement Act (43 U.S.C. 1613(g)), except as modi11 fied herein, on land conveyed to Sealaska from land 

12 withdrawn pursuant to sections 304(b)(1) and 

13 304(b)(2), an existing holder of a guiding or outfit14 ting special use permit or authorization issued by 

15 the Forest Service shall be entitled to its rights and 

16 privileges on the land for the remaining term of the 

17 permit, as of the date of conveyance to Sealaska, 

18 and for 1 subsequent 10-year renewal of the permit, 

19 subject to the condition that the rights shall be con20 sidered a valid existing right reserved pursuant to 

21 section 14(g) of the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1613(g)), and shall be man23 aged accordingly. 

24 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

25 Sealaska, with respect to the holder of a guiding or 


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1 outfitting special use permit or authorization under 

2 this subsection, and a permit holder referenced in 

3 this subsection, with respect to Sealaska, shall have 

4 an obligation to inform the other party of their re5 spective commercial activities before engaging in the 

6 activities on land, which has been conveyed to 

7 Sealaska under this title, subject to the permit or 

8 authorization. 

9 (3) NEGOTIATION OF NEW TERMS.—Nothing in 

10 this subsection precludes Sealaska and a permit 

11 holder under this subsection from negotiating new 

12 mutually agreeable permit terms that supersede the 

13 requirements of— 

14 (A) this subsection; 

15 (B) section 14(g) of the Alaska Native 

16 Claims Settlement Act (43 U.S.C. 1613(g)); or 

17 (C) any deed covenant. 

18 (4) LIABILITY.—Sealaska shall bear no liability 

19 regarding use and occupancy pursuant to special use 

20 permits or authorizations on land selected or con21 veyed pursuant to this title. 

22 SEC. 306. MISCELLANEOUS. 

23 (a) STATUS OF CONVEYED LAND.—Each conveyance 

24 of Federal land to Sealaska pursuant to this title, and 

25 each Federal action carried out to achieve the purpose of 


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1 this title, shall be considered to be conveyed or acted on, 

2 as applicable, pursuant to the Alaska Native Claims Set3 tlement Act (43 U.S.C. 1601 et seq.). 

4 (b) ENVIRONMENTAL MITIGATION AND INCEN5 TIVES.—Notwithstanding subsection (e) and (h) of section 

6 305, all land conveyed to Sealaska pursuant to the Alaska 

7 Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 

8 and this title shall be considered to be qualified to receive 

9 or participate in, as applicable— 

10 (1) any federally authorized carbon sequestra11 tion program, ecological services program, or envi12 ronmental mitigation credit; and 

13 (2) any other federally authorized environ14 mental incentive credit or program. 

15 (c) NO MATERIAL EFFECT ON FOREST PLAN.— 

16 (1) IN GENERAL.—Except as required by para17 graph (2), implementation of this title, including the 

18 conveyance of land to Sealaska, alone or in combina19 tion with any other factor, shall not require an 

20 amendment of, or revision to, the Tongass National 

21 Forest Land and Resources Management Plan be22 fore the first revision of that Plan scheduled to 

23 occur after the date of enactment of this Act. 

24 (2) BOUNDARY ADJUSTMENTS.—The Secretary 

25 of Agriculture shall implement any land ownership 


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1 boundary adjustments to the Tongass National For2 est Land and Resources Management Plan resulting 

3 from the implementation of this title through a tech4 nical amendment to that Plan. 

5 (d) TECHNICAL CORRECTIONS.— 

6 (1) TRIBAL FOREST PROTECTION.—Section 2 of 

7 the Tribal Forest Protection Act of 2004 (25 U.S.C. 

8 3115a) is amended by adding at the end a new sub9 section (h): 

10 ‘‘(h)(1) Land owned by an Alaska Native Corporation 

11 pursuant to the Alaska Native Claims Settlement Act (43 

12 U.S.C. 1601 et seq.) that is forest land or formerly had 

13 a forest cover or vegetative cover that is capable of res14 toration shall be eligible for agreements and contracts au15 thorized under this Act and administered by the Secretary. 

16 ‘‘(2) Nothing in this subsection validates, invalidates, 

17 or otherwise affects any claim regarding the existence of 

18 Indian country (as defined in section 1151 of title 18, 

19 United States Code) in the State of Alaska.’’. 

20 (2) NATIONAL HISTORIC PRESERVATION.—Sec21 tion 101(d) of the National Historic Preservation 

22 Act (16 U.S.C. 470a(d)), is amended by adding at 

23 the end a new paragraph (7): 

24 ‘‘(7)(A) Notwithstanding any other provision of law, 

25 an Alaska Native tribe, band, nation or other organized 


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1 group or community, including a Native village, Regional 

2 Corporation, or Village Corporation, shall be eligible to 

3 participate in all programs administered by the Secretary 

4 under this Act on behalf of Indian tribes, including, but 

5 not limited to, securing grants and other support to man6 age their own historic preservation sites and programs on 

7 lands held by the Alaska Native tribe, band, nation or 

8 other organized group or community, including a Native 

9 village, Regional Corporation, or Village Corporation. 

10 ‘‘(B) Nothing in this paragraph validates, invalidates, 

11 or otherwise affects any claim regarding the existence of 

12 Indian country (as defined in section 1151 of title 18, 

13 United States Code) in the State of Alaska.’’. 

14 (e) EFFECT ON ENTITLEMENT.—Nothing in this title 

15 shall have any effect upon the entitlement due to any Na16 tive Corporation, other than Sealaska, under— 

17 (1) the Alaska Native Claims Settlement Act 

18 (43 U.S.C. 1601 et seq.); or 

19 (2) the Alaska National Interest Lands Con20 servation Act (16 U.S.C. 3101 et seq.). 

21 SEC. 307. MAPS. 

22 (a) AVAILABILITY.—Each map referred to in this 

23 title shall be maintained on file in— 

24 (1) the office of the Chief of the Forest Service; 

25 and 


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1 (2) the office of the Secretary. 

2 (b) CORRECTIONS.—The Secretary or the Chief of 

3 the Forest Service may make any necessary correction to 

4 a clerical or typographical error in a map referred to in 

5 this title. 

6 (c) TREATMENT.—No map referred to in this title 

7 shall be considered to be an attempt by the Federal Gov8 ernment to convey any State or private land. 

9 TITLE IV—SAN ANTONIO MIS10 SIONS NATIONAL HISTORICAL 

11 PARK BOUNDARY EXPANSION 

12 ACT 

13 SEC. 401. SHORT TITLE. 

14 This title may be cited as the ‘‘San Antonio Missions 

15 National Historical Park Boundary Expansion Act’’. 

16 SEC. 402. FINDINGS. 

17 Congress finds that— 

18 (1) the San Antonio Missions National Histor19 ical Park is important to understanding the history 

20 and development of the City of San Antonio, Bexar 

21 County, the State of Texas, and the United States; 

22 (2) understanding the connection between the 

23 San Antonio River and the San Antonio Missions is 

24 critical to understanding mission life in colonial 

25 Texas; and 


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1 (3) the San Antonio Missions National Histor2 ical Park enjoys the strong support of the City of 

3 San Antonio, Bexar County, and their citizens and 

4 businesses. 

5 SEC. 403. BOUNDARY EXPANSION. 

6 Section 201(a) of Public Law 95–629 (16 U.S.C. 

7 410ee(a)) is amended— 

8 (1) by striking ‘‘In order’’ and inserting ‘‘(1) In 

9 order’’; 

10 (2) by striking ‘‘The park shall also’’ and in11 serting ‘‘(2) The park shall also’’; 

12 (3) by striking ‘‘After advising the’’ and insert13 ing ‘‘(5) After advising the’’; 

14 (4) by inserting after paragraph (2) (as so des15 ignated by paragraph (2) above) the following: 

16 ‘‘(3) The boundary of the park is further modi17 fied to include approximately 137 acres, as depicted 

18 on the map titled ‘San Antonio Missions National 

19 Historical Park Proposed Boundary Addition’, num20 bered 472/113,006A, and dated June 2012. The 

21 map shall be on file and available for inspection in 

22 the appropriate offices of the National Park Service, 

23 U.S. Department of the Interior. 

24 ‘‘(4) The Secretary may not acquire by con25 demnation any land or interest in land within the 


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1 boundaries of the park. The Secretary is authorized 

2 to acquire land and interests in land that are within 

3 the boundaries of the park pursuant to paragraph 

4 (3) by donation or exchange only (and in the case 

5 of an exchange, no payment may be made by the 

6 Secretary to any landowner). No private property or 

7 non-Federal public property shall be included within 

8 the boundaries of the park without the written con9 sent of the owner of such property. Nothing in this 

10 Act, the establishment of park, or the management 

11 plan of the park shall be construed to create buffer 

12 zones outside of the park. That an activity or use 

13 can be seen or heard from within the park shall not 

14 preclude the conduct of that activity or use outside 

15 the park.’’. 

16 TITLE V—WACO MAMMOTH NA17 TIONAL MONUMENT ESTAB18 LISHMENT ACT OF 2012 

19 SEC. 501. SHORT TITLE. 

20 This title may be cited as the ‘‘Waco Mammoth Na21 tional Monument Establishment Act of 2012’’. 

22 SEC. 502. FINDINGS. 

23 Congress finds that— 

24 (1) the Waco Mammoth Site area is located 

25 near the confluence of the Brazos River and the 


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1 Bosque River in central Texas, near the city of 

2 Waco; 

3 (2) after the discovery of bones emerging from 

4 eroding creek banks leading to the uncovering of 

5 portions of 5 mammoths, Baylor University began 

6 investigating the site in 1978; 

7 (3) several additional mammoth remains have 

8 been uncovered making the site the largest known 

9 concentration of mammoths dying from the same 

10 event; 

11 (4) the mammoth discoveries have received 

12 international attention; and 

13 (5) Baylor University and the city of Waco, 

14 Texas, have been working together— 

15 (A) to protect the site; and 

16 (B) to develop further research and edu17 cational opportunities at the site. 

18 SEC. 503. DEFINITIONS. 

19 In this title: 

20 (1) CITY.—The term ‘‘City’’ means the city of 

21 Waco, Texas. 

22 (2) MANAGEMENT PLAN.—The term ‘‘manage23 ment plan’’ means the management plan for the 

24 Monument prepared under section 505(c)(1). 


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1 (3) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Proposed Boundary Waco-Mammoth Na3 tional Monument’’, numbered T21/80,000, and 

4 dated April 2009. 

5 (4) MONUMENT.—The term ‘‘Monument’’ 

6 means the Waco Mammoth National Monument es7 tablished by section 504(a). 

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

9 the Secretary of the Interior. 

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

11 of Texas. 

12 (7) UNIVERSITY.—The term ‘‘University’’ 

13 means Baylor University in the State. 

14 SEC. 504. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. 

15 (a) ESTABLISHMENT.—There is established in the 

16 State, as a unit of the National Park System, the Waco 

17 Mammoth National Monument, as generally depicted on 

18 the map. 

19 (b) AVAILABILITY OF MAP.—The map shall be on file 

20 and available for public inspection in the appropriate of21 fices of the National Park Service. 

22 SEC. 505. ADMINISTRATION OF MONUMENT. 

23 (a) IN GENERAL.—The Secretary shall administer 

24 the Monument in accordance with— 

25 (1) this title; and 


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1 (2) any cooperative agreements entered into 

2 under subsection (b)(1). 

3 (b) AUTHORITIES OF SECRETARY.— 

4 (1) COOPERATIVE AGREEMENTS.—The Sec5 retary may enter into cooperative management 

6 agreements with the University and the City, in ac7 cordance with section 3(l) of Public Law 91–383 (16 

8 U.S.C. 1a–2(l)). 

9 (2) ACQUISITION OF LAND.—The Secretary 

10 may acquire by donation only from the City any land 

11 or interest in land owned by the City within the pro12 posed boundary of the Monument. 

13 (c) GENERAL MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Secretary, in 

16 consultation with the University and the City, shall 

17 complete a general management plan for the Monu18 ment. 

19 (2) INCLUSIONS.—The management plan shall 

20 include, at a minimum— 

21 (A) measures for the preservation of the 

22 resources of the Monument; 

23 (B) requirements for the type and extent 

24 of development and use of the Monument; 


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1 (C) identification of the capacity of the 

2 Monument for accommodating visitors; and 

3 (D) opportunities for involvement by the 

4 University, City, State, and other local and na5 tional entities in— 

6 (i) developing educational programs 

7 for the Monument; and 

8 (ii) developing and supporting the 

9 Monument. 

10 (d) PROHIBITION OF USE OF FEDERAL FUNDS.—No 

11 Federal funds may be used to pay the costs of— 

12 (1) carrying out a cooperative agreement under 

13 subsection (b)(1); 

14 (2) acquiring land for inclusion in the Monu15 ment under subsection (b)(2); 

16 (3) developing a visitor center for the Monu17 ment; 

18 (4) operating or maintaining the Monument; 

19 (5) constructing exhibits for the Monument; or 

20 (6) developing the general management plan 

21 under subsection (c). 

22 (e) USE OF NON-FEDERAL FUNDS.—Non-Federal 

23 funds may be used to pay any costs that may be incurred 

24 by the Secretary or the National Park Service in carrying 

25 out this section. 


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1 (f) EFFECT ON ELIGIBILITY FOR FINANCIAL ASSIST2 ANCE.—Nothing in this title affects the eligibility of the 

3 Monument for Federal grants or other forms of financial 

4 assistance that the Monument would have been eligible to 

5 apply for had National Park System status not been con6 ferred to the Monument under this title. 

7 (g) TERMINATION OF NATIONAL PARK SYSTEM STA8 TUS.— 

9 (1) IN GENERAL.—Designation of the Monu10 ment as a unit of the National Park System shall 

11 terminate if the Secretary determines that Federal 

12 funds are required to operate and maintain the 

13 Monument. 

14 (2) REVERSION.—If the designation of the 

15 Monument as a unit of the National Park System is 

16 terminated under paragraph (1), any land acquired 

17 by the Secretary from the City under subsection 

18 (b)(2) shall revert to the City. 

19 (h) PRIVATE PROPERTY PROTECTION.—No private 

20 property may be made part of the Monument without the 

21 written consent of the owner of that private property. 

22 SEC. 506. NO BUFFER ZONES. 

23 Nothing in this title, the establishment of national 

24 monument, or the management plan shall be construed 

25 create buffer zones outside of the national monument. 


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1 That an activity or use can be seen or heard from within 

2 the Monument shall not preclude the conduct of that activ3 ity or use outside the Monument. 

4 TITLE VI—NORTH CASCADES 

5 NATIONAL PARK ACCESS 

6 SEC. 601. FINDINGS. 

7 Congress finds as follows: 

8 (1) In 1988, 93 percent of the North Cascades 

9 National Park Complex was designated the Stephen 

10 Mather Wilderness. 

11 (2) A road corridor was deliberately excluded 

12 from the wilderness designation to provide for the 

13 continued use and maintenance of the upper 

14 Stehekin Valley Road. 

15 (3) The upper Stehekin Valley Road provides 

16 access to Stephen Mather Wilderness trailheads and 

17 North Cascades National Park from the Lake Che18 lan National Recreation Area. 

19 (4) Record flooding in 1995 and again in 2003 

20 caused severe damage to the upper Stehekin Valley 

21 Road and led to the closure of a 9.9-mile section of 

22 the road between Car Wash Falls and Cottonwood 

23 Camp. 

24 (5) The National Park Service currently does 

25 not have the flexibility to rebuild the upper Stehekin 


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1 Valley Road away from the Stehekin River due to 

2 the current location of the non-wilderness road cor3 ridor provided by Congress in 1988. 

4 (6) It is a high priority that the people of the 

5 United States, including families, the disabled, and 

6 the elderly, have reasonable access to the National 

7 Parks system and their public lands. 

8 (7) The 1995 Lake Chelan National Recreation 

9 Area General Management Plan calls for retaining 

10 vehicle access to Cottonwood Camp. 

11 (8) Tourism associated with the North Cas12 cades National Park Complex is an important part 

13 of the economy for rural communities in the area. 

14 (9) Additional management flexibility would 

15 allow the National Park Service to consider reten16 tion of the upper Stehekin Valley Road in a manner 

17 that provides for no net loss of wilderness. 

18 SEC. 602. AUTHORIZATION FOR BOUNDARY ADJUSTMENTS. 

19 The Washington Park Wilderness Act of 1988 (Pub20 lic Law 100–668) is amended by inserting after section 

21 206 the following: 

22 ‘‘SEC. 207. BOUNDARY ADJUSTMENTS FOR ROAD. 

23 ‘‘(a) IN GENERAL.—The Secretary may adjust the 

24 boundaries of the North Cascades National Park and the 

25 Stephen Mather Wilderness in order to provide a corridor 


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1 of not more than 100 feet in width along which the 

2 Stehekin Valley Road may be rebuilt— 

3 ‘‘(1) outside of the floodplain between milepost 

4 12.9 and milepost 22.8; 

5 ‘‘(2) within one mile of the route, on the date 

6 of the enactment of this section, of the Stehekin Val7 ley Road; 

8 ‘‘(3) within the boundaries of the North Cas9 cades National Park; and 

10 ‘‘(4) outside of the boundaries of the Stephen 

11 Mather Wilderness. 

12 ‘‘(b) NO NET LOSS OF LANDS.— 

13 ‘‘(1) IN GENERAL.—The boundary adjustments 

14 made under this section shall be such that equal 

15 amounts of federally owned acreage are exchanged 

16 between the Stephen Mather Wilderness and the 

17 North Cascades National Park, resulting in no net 

18 loss of acreage to either the Stephen Mather Wilder19 ness or the North Cascades National Park. 

20 ‘‘(2) STEHEKIN VALLEY ROAD LANDS.—The 

21 newly designated wilderness shall include the lands 

22 along the route of the Stehekin Valley Road that are 

23 replaced by the reconstruction. 

24 ‘‘(3) EQUALIZATION OF LAND.—If the lands de25 scribed in paragraph (2) contain fewer acres than 


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1 the corridor described in subsection (a), the Sec2 retary may designate additional Federal lands in the 

3 North Cascades National Park as wilderness, but 

4 such designation may not exceed the amount needed 

5 to equalize the exchange and these additional lands 

6 must be selected from lands that qualify as wilder7 ness under section 2(c) of the Wilderness Act (16 

8 U.S.C. 1131(c)). 

9 ‘‘(c) NO SALE OR ACQUISITION AUTHORIZED.— 

10 Nothing in this title authorizes the sale or acquisition of 

11 any land or interest in land. 

12 ‘‘(d) NO PRIORITY REQUIRED.—Nothing in this title 

13 shall be construed as requiring the Secretary to give this 

14 project precedence over the construction or repair of other 

15 similarly damaged roads in units of the National Park 

16 System.’’. 

17 TITLE VII—ENDANGERED SALM18 ON AND FISHERIES PREDA19 TION PREVENTION ACT 

20 SEC. 701. SHORT TITLE. 

21 This title may be cited as the ‘‘Endangered Salmon 

22 and Fisheries Predation Prevention Act’’. 

23 SEC. 702. FINDINGS. 

24 The Congress finds the following: 


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1 (1) There are 13 groups of salmon and 

2 steelhead that are listed as threatened species or en3 dangered species under the Endangered Species Act 

4 of 1973 that migrate through the lower Columbia 

5 River. 

6 (2) The people of the Northwest United States 

7 are united in their desire to restore healthy salmon 

8 and steelhead runs, as they are integral to the re9 gion’s culture and economy. 

10 (3) The Columbia River treaty tribes retain im11 portant rights with respect to salmon and steelhead. 

12 (4) Federal, State, and tribal governments have 

13 spent billions of dollars to assist the recovery of Co14 lumbia River salmon and steelhead populations. 

15 (5) One of the factors impacting salmonid pop16 ulations is increased predation by marine mammals, 

17 including California sea lions. 

18 (6) The population of California sea lions has 

19 increased 6-fold over the last 3 decades, and is cur20 rently greater than 250,000 animals. 

21 (7) In recent years, more than 1,000 California 

22 sea lions have been foraging in the lower 145 miles 

23 of the Columbia River up to Bonneville Dam during 

24 the peak spring salmonid run before returning to the 

25 California coast to mate. 


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1 (8) The percentage of the spring salmonid run 

2 that has been eaten or killed by California sea lions 

3 at Bonneville Dam has increased 7-fold since 2002. 

4 (9) In recent years, California sea lions have 

5 with greater frequency congregated near Bonneville 

6 Dam and have entered the fish ladders. 

7 (10) These California sea lions have not been 

8 responsive to extensive hazing methods employed 

9 near Bonneville Dam to discourage this behavior. 

10 (11) The process established under the 1994 

11 amendment to the Marine Mammal Protection Act 

12 of 1972 to address aggressive sea lion behavior is 

13 protracted and will not work in a timely enough 

14 manner to protect threatened and endangered 

15 salmonids in the near term. 

16 (12) In the interest of protecting Columbia 

17 River threatened and endangered salmonids, a tem18 porary expedited procedure is urgently needed to 

19 allow removal of the minimum number of California 

20 sea lions as is necessary to protect the passage of 

21 threatened and endangered salmonids in the Colum22 bia River and its tributaries. 

23 (13) On December 21, 2010, the independent 

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1 ommended lethally removing more of the California 

2 sea lions in 2011. 

3 (14) On August 18, 2011, the States of Wash4 ington, Oregon, and Idaho applied to the National 

5 Marine Fisheries Service, under section 

6 120(b)(1)(A) of the Marine Mammal Protection Act 

7 of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal re8 moval of sea lions that the States determined are 

9 having a ‘‘significant negative impact’’ on the recov10 ery of Columbia River and Snake River salmon and 

11 steelhead. 

12 (15) On September 12, 2011, the National Ma13 rine Fisheries Service announced it was accepting 

14 the States’ application for lethal removal of sea lions 

15 and that it would reconvene the Pinniped-Fishery 

16 Interaction Task Force to consider the States’ appli17 cation. This title will ensure the necessary authority 

18 for permits under the Marine Mammal Protection 

19 Act of 1972 to be issued in a timely fashion. 

20 (16) During a June 14, 2011, hearing, the 

21 Committee on Natural Resources of the House of 

22 Representatives received testimony from State and 

23 tribal witnesses expressing concern that significant 

24 pinniped predation of important Northwest fish re25 sources other than salmonids is severely impacting 


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1 fish stocks determined by both Federal and State 

2 fishery management agencies to be at low levels of 

3 abundance, and that this cannot be addressed by 

4 section 120 of the Marine Mammal Protection Act 

5 of 1972 (16 U.S.C. 1389), which as in effect before 

6 the enactment of this Act restricted control of preda7 tory pinnipeds’ impact only with respect to endan8 gered salmonids. 

9 SEC. 703. TAKING OF SEA LIONS ON THE COLUMBIA RIVER 

10 AND ITS TRIBUTARIES TO PROTECT ENDAN11 GERED AND THREATENED SPECIES OF SALM12 ON AND OTHER NONLISTED FISH SPECIES. 

13 Section 120 of the Marine Mammal Protection Act 

14 of 1972 (16 U.S.C. 1389) is amended by striking sub15 section (f) and inserting the following: 

16 ‘‘(f) TEMPORARY MARINE MAMMAL REMOVAL AU17 THORITY ON THE WATERS OF THE COLUMBIA RIVER OR

18 ITS TRIBUTARIES.— 

19 ‘‘(1) REMOVAL AUTHORITY.—Notwithstanding 

20 any other provision of this Act, the Secretary may 

21 issue a permit to an eligible entity authorizing the 

22 intentional lethal taking on the waters of the Colum23 bia River and its tributaries of sea lions that are 

24 part of a healthy population that is not listed as an 

25 endangered species or threatened species under the 


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1 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.), to protect endangered and threatened species 

3 of salmon and other nonlisted fish species. 

4 ‘‘(2) PERMIT PROCESS.— 

5 ‘‘(A) IN GENERAL.—An eligible entity may 

6 apply to the Secretary for a permit under this 

7 subsection. 

8 ‘‘(B) DEADLINE FOR CONSIDERATION OF

9 APPLICATION.—The Secretary shall approve or 

10 deny an application for a permit under this sub11 section by not later than 30 days after receiving 

12 the application. 

13 ‘‘(C) DURATION OF PERMIT.—A permit 

14 under this subsection shall be effective for no 

15 more than one year after the date it is issued, 

16 but may be renewed by the Secretary. 

17 ‘‘(3) LIMITATIONS.— 

18 ‘‘(A) LIMITATION ON PERMIT AUTHOR19 ITY.—Subject to subparagraph (B), a permit 

20 issued under this subsection shall not authorize 

21 the lethal taking of more than 10 sea lions dur22 ing the duration of the permit. 

23 ‘‘(B) LIMITATION ON ANNUAL TAKINGS.— 

24 The cumulative number of sea lions authorized 

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1 fect under this subsection shall not exceed one 

2 percent of the annual potential biological re3 moval level. 

4 ‘‘(4) DELEGATION OF PERMIT AUTHORITY.— 

5 Any eligible entity may delegate to any other eligible 

6 entity the authority to administer its permit author7 ity under this subsection. 

8 ‘‘(5) NEPA.—Section 102(2)(C) of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4332(2)(C)) shall not apply with respect to this sub11 section and the issuance of any permit under this 

12 subsection during the 5-year period beginning on the 

13 date of the enactment of this subsection. 

14 ‘‘(6) SUSPENSION OF PERMITTING AUTHOR15 ITY.—If, 5 years after enactment, the Secretary, 

16 after consulting with State and tribal fishery man17 agers, determines that lethal removal authority is no 

18 longer necessary to protect salmonid and other fish 

19 species from sea lion predation, may suspend the 

20 issuance of permits under this subsection. 

21 ‘‘(7) ELIGIBLE ENTITY DEFINED.—In this sub22 section, the term ‘eligible entity’ means each of the 

23 State of Washington, the State of Oregon, the State 

24 of Idaho, the Nez Perce Tribe, the Confederated 

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1 federated Tribes of the Warm Springs Reservation 

2 of Oregon, the Confederated Tribes and Bands of 

3 the Yakama Nation, and the Columbia River Inter4 Tribal Fish Commission.’’. 

5 SEC. 704. SENSE OF CONGRESS. 

6 It is the sense of the Congress that— 

7 (1) preventing predation by sea lions, recovery 

8 of listed salmonid stocks, and preventing future list9 ings of fish stocks in the Columbia River is a vital 

10 priority; 

11 (2) permit holders exercising lethal removal au12 thority pursuant to the amendment made by this 

13 title should be trained in wildlife management; and 

14 (3) the Federal Government should continue to 

15 fund lethal and nonlethal removal measures for pre16 venting such predation. 

17 SEC. 705. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN18 DIAN TRIBES. 

19 Nothing in this title or the amendment made by this 

20 title shall be construed to affect or modify any treaty or 

21 other right of any federally recognized Indian tribe. 


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1 TITLE VIII—REAUTHORIZATION 

2 OF HERGER-FEINSTEIN QUIN3 CY LIBRARY GROUP FOREST 

4 RECOVERY ACT 

5 SEC. 801. REAUTHORIZATION OF HERGER-FEINSTEIN QUIN6 CY LIBRARY GROUP FOREST RECOVERY ACT. 

7 (a) EXTENSION.—Subsection (g) of the Herger-Fein8 stein Quincy Library Group Forest Recovery Act (title IV 

9 of the Department of the Interior and Related Agencies 

10 Appropriations Act, 1999, as contained in section 101(e) 

11 of division A of Public Law 105–277; 16 U.S.C. 2104 

12 note) is amended to read as follows: 

13 ‘‘(g) TERM OF PILOT PROJECT.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall con15 duct the pilot project until the earlier of the fol16 lowing: 

17 ‘‘(A) September 30, 2019. 

18 ‘‘(B) The date on which the Secretary 

19 completes amendment or revision of the land 

20 and resource management plans for the Na21 tional Forest System lands included in the pilot 

22 project area. 

23 ‘‘(2) FOREST PLAN AMENDMENTS.—When the 

24 Regional Forester for Region 5 initiates the process 

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1 ment plans for the pilot project area, the process 

2 shall include preparation of at least one alternative 

3 that incorporates the pilot project and area designa4 tions under subsection (b), the resource management 

5 activities described in subsection (d), and other as6 pects of the Quincy Library Group Community Sta7 bility Proposal.’’. 

8 (b) EXPANSION OF PILOT PROJECT AREA.—Sub9 section (b) of the Herger-Feinstein Quincy Library Group 

10 Forest Recovery Act is amended by adding at the end the 

11 following new paragraph: 

12 ‘‘(3) EXPANSION OF PILOT PROJECT AREA.— 

13 The Secretary may expand the pilot project area to 

14 include all National Forest System lands within 

15 California or Nevada that lie within the Sierra Ne16 vada and Cascade Province, Lake Tahoe Basin Man17 agement Unit, Humboldt-Toiyabe National Forest, 

18 and Inyo National Forest. These lands may be man19 aged using the same strategy, guidelines and re20 source management activities outlined in this section 

21 or developed to meet local forest and community 

22 needs and conditions.’’. 

23 (c) ROADLESS AREA PROTECTION.—Subsection 

24 (c)(4) of the Herger-Feinstein Quincy Library Group For25 est Recovery Act is amended by adding at the end the 


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1 following new sentence: ‘‘However, those areas designated 

2 as ‘Deferred’ on the map, but located in Tehama County, 

3 south and west of Lassen Peak, are deemed to be des4 ignated as ‘Available for Group Selection’ and shall be 

5 managed accordingly under subsection (d).’’. 

6 (d) GROUP SELECTION REQUIREMENT.—Subpara7 graph (A) of subsection (d)(2) of the Herger-Feinstein 

8 Quincy Library Group Forest Recovery Act is amended 

9 to read as follows: 

10 ‘‘(A) GROUP SELECTION.—After Sep11 tember 30, 2012, group selection on an average 

12 acreage of .57 percent of the pilot project area 

13 land shall occur each year of the pilot project.’’. 

14 (e) FUNDING.—Subsection (f) of the Herger-Fein15 stein Quincy Library Group Forest Recovery Act is 

16 amended by striking paragraph (6) and redesignating 

17 paragraph (7) as paragraph (6). 

18 TITLE IX—YERINGTON LAND 

19 CONVEYANCE AND SUSTAIN20 ABLE DEVELOPMENT ACT 

21 SEC. 901. SHORT TITLE. 

22 This title may be cited as the ‘‘Yerington Land Con23 veyance and Sustainable Development Act’’. 

24 SEC. 902. FINDINGS. 

25 Congress finds that— 


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1 (1) the city of Yerington, Nevada, which has an 

2 unemployment rate of 16 percent, has the highest 

3 unemployment rate in the State of Nevada; 

4 (2) for over 4 years, the city of Yerington and 

5 Lyon County, Nevada, have been working with pri6 vate business partners to develop a sustainable de7 velopment plan that would enable all parties to ben8 efit from the use of private land adjacent to the city 

9 of Yerington for potential commercial and industrial 

10 development, mining activities, recreation opportuni11 ties, and the expansion of community and cultural 

12 events; 

13 (3) the sustainable development plan referred to 

14 in paragraph (2) requires the conveyance of certain 

15 Federal land administered by the Bureau of Land 

16 Management to the City for consideration in an 

17 amount equal to the fair market value of the Fed18 eral land; 

19 (4) the Federal land to be conveyed to the City 

20 under the sustainable development plan has very few 

21 environmental, historical, wildlife, or cultural re22 sources of value to the public, but is appropriate for 

23 responsible development; 

24 (5) the Federal land that would be conveyed to 

25 the City under the sustainable development plan— 


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1 (A) is adjacent to the boundaries of the 

2 City; and 

3 (B) would be used— 

4 (i) to enhance recreational, cultural, 

5 commercial, and industrial development op6 portunities in the City; 

7 (ii) for future economic development, 

8 regional use, and as an open space buffer 

9 to the City; and 

10 (iii) to allow the City to provide crit11 ical infrastructure services; 

12 (6) commercial and industrial development of 

13 the Federal land would enable the community to 

14 benefit from the transportation, power, and water 

15 infrastructure that would be put in place with the 

16 concurrent development of commercial and industrial 

17 operations; 

18 (7) the conveyance of the Federal land would— 

19 (A) help the City and County to grow; and 

20 (B) provide additional tax revenue to the 

21 City and County; 

22 (8) industrial and commercial development of 

23 the Federal land would create thousands of long24 term, high-paying jobs for the City and County; and 


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1 (9) the Lyon County Commission and the City 

2 unanimously approved resolutions in support of the 

3 conveyance of the Federal land because the convey4 ance would facilitate a sustainable model for long5 term economic and industrial development. 

6 SEC. 903. DEFINITIONS. 

7 In this title: 

8 (1) CITY.—The term ‘‘City’’ means the city of 

9 Yerington, Nevada. 

10 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

11 means the land located in Lyon County and Mineral 

12 County, Nevada, that is identified on the map as 

13 ‘‘City of Yerington Sustainable Development Con14 veyance Lands’’. 

15 (3) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Yerington Land Conveyance and Sustainable 

17 Development Act’’ and dated May 31, 2012. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 904. CONVEYANCES OF LAND TO CITY OF YERINGTON, 

21 NEVADA. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of enactment of this title, subject to valid existing 

24 rights, and notwithstanding the land use planning require25 ments of sections 202 and 203 of the Federal Land Policy 


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1 and Management Act of 1976 (43 U.S.C. 1712, 1713), 

2 the Secretary shall convey to the City, subject to the City’s 

3 agreement and in exchange for consideration in an amount 

4 equal to the fair market value of the Federal land, all 

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

6 the Federal land identified on the map. 

7 (b) APPRAISAL TO DETERMINE OF FAIR MARKET

8 VALUE.—The Secretary shall determine the fair market 

9 value of the Federal land to be conveyed— 

10 (1) in accordance with the Federal Land Policy 

11 and Management Act of 1976 (43 U.S.C. 1701 et 

12 seq.); and 

13 (2) based on an appraisal that is conducted in 

14 accordance with nationally recognized appraisal 

15 standards, including— 

16 (A) the Uniform Appraisal Standards for 

17 Federal Land Acquisition; and 

18 (B) the Uniform Standards of Professional 

19 Appraisal Practice. 

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

21 and available for public inspection in the appropriate of22 fices of the Bureau of Land Management. 

23 (d) APPLICABLE LAW.—Beginning on the date on 

24 which the Federal land is conveyed to the City, the devel25 opment of and conduct of activities on the Federal land 


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1 shall be subject to all applicable Federal laws (including 

2 regulations). 

3 (e) ADMINISTRATIVE COSTS.—The City shall be re4 sponsible for all survey, appraisal, and other administra5 tive costs associated with the conveyance of the Federal 

6 land to the City under this title. 

7 SEC. 905. RELEASE OF THE UNITED STATES. 

8 Upon making the conveyance under section 904, not9 withstanding any other provision of law, the United States 

10 is released from any and all liabilities or claims of any 

11 kind or nature arising from the presence, release, or threat 

12 of release of any hazardous substance, pollutant, contami13 nant, petroleum product (or derivative of a petroleum 

14 product of any kind), solid waste, mine materials or min15 ing related features (including tailings, overburden, waste 

16 rock, mill remnants, pits, or other hazards resulting from 

17 the presence of mining related features) on the Federal 

18 Land in existence on or before the date of the conveyance. 

19 TITLE X—PRESERVING ACCESS 

20 TO CAPE HATTERAS NA21 TIONAL SEASHORE REC22 REATIONAL AREA ACT 

23 SEC. 1001. SHORT TITLE. 

24 This title may be cited as the ‘‘Preserving Access to 

25 Cape Hatteras National Seashore Recreational Area Act’’. 


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1 SEC. 1002. REINSTATEMENT OF INTERIM MANAGEMENT 

2 STRATEGY. 

3 (a) MANAGEMENT.—After the date of the enactment 

4 of this title, Cape Hatteras National Seashore Rec5 reational Area shall be managed in accordance with the 

6 Interim Protected Species Management Strategy/Environ7 mental Assessment issued by the National Park Service 

8 on June 13, 2007, for the Cape Hatteras National Sea9 shore Recreational Area, North Carolina, unless the Sec10 retary of the Interior (hereafter in this title referred to 

11 as the ‘‘Secretary’’) issues a new final rule that meets the 

12 requirements set forth in section 1003. 

13 (b) RESTRICTIONS.—The Secretary shall not impose 

14 any additional restrictions on pedestrian or motorized ve15 hicular access to any portion of Cape Hatteras National 

16 Seashore Recreational Area for species protection beyond 

17 those in the Interim Management Strategy, other than as 

18 specifically authorized pursuant to section 1003 of this 

19 title. 

20 SEC. 1003. ADDITIONAL RESTRICTIONS ON ACCESS TO 

21 CAPE HATTERAS NATIONAL SEASHORE REC22 REATIONAL AREA FOR SPECIES PROTEC23 TION. 

24 (a) IN GENERAL.—If, based on peer-reviewed science 

25 and after public comment, the Secretary determines that 

26 additional restrictions on access to a portion of the Cape 


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1 Hatteras National Seashore Recreational Area are nec2 essary to protect species listed as endangered under the 

3 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

4 the Secretary may only restrict, by limitation, closure, 

5 buffer, or otherwise, pedestrian and motorized vehicular 

6 access for recreational activities for the shortest possible 

7 time and on the smallest possible portions of the Cape 

8 Hatteras National Seashore Recreational Area. 

9 (b) LIMITATION ON RESTRICTIONS.—Restrictions 

10 imposed under this section for protection of species listed 

11 as endangered under the Endangered Species Act of 1973 

12 (16 U.S.C. 1531 et seq.) shall not be greater than the 

13 restrictions in effect for that species at any other National 

14 Seashore. 

15 (c) CORRIDORS AROUND CLOSURES.—To the max16 imum extent possible, the Secretary shall designate pedes17 trian and vehicular corridors of minimal distance on the 

18 beach or interdunal area around closures implemented 

19 under this section to allow access to areas not closed. 

20 SEC. 1004. INAPPLICABILITY OF FINAL RULE AND CONSENT 

21 DEGREE. 

22 (a) FINAL RULE.—The final rule titled ‘‘Special Reg23 ulations, Areas of the National Park System, Cape Hat24 teras National Seashore—Off-Road Vehicle Management’’ 


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1 (77 Fed. Reg. 3123–3144) shall have no force or effect 

2 after the date of the enactment of this title. 

3 (b) CONSENT DECREE.—The April 30, 2008, consent 

4 decree filed in the United States District Court for the 

5 Eastern District of North Carolina regarding off-road ve6 hicle use at Cape Hatteras National Seashore in North 

7 Carolina shall not apply after the date of the enactment 

8 of this title. 

9 TITLE XI—GRAZING 

10 IMPROVEMENT ACT OF 2012 

11 SEC. 1101. SHORT TITLE. 

12 This title may be cited as the ‘‘Grazing Improvement 

13 Act of 2012’’. 

14 SEC. 1102. TERMS OF GRAZING PERMITS AND LEASES. 

15 Section 402 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1752) is amended— 

17 (1) by striking ‘‘ten years’’ each place it ap18 pears and inserting ‘‘20 years’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘or’’ at the end of each of 

21 paragraphs (1) and (2); 

22 (B) in paragraph (3), by striking the pe23 riod at the end and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(4) the initial environmental analysis under 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) regarding a grazing allotment, 

4 permit, or lease has not been completed.’’. 

5 SEC. 1103. RENEWAL, TRANSFER, AND REISSUANCE OF 

6 GRAZING PERMITS AND LEASES. 

7 Title IV of the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1751 et seq.) is amended by add9 ing at the end the following: 

10 ‘‘SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF 

11 GRAZING PERMITS AND LEASES. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) CURRENT GRAZING MANAGEMENT.—The 

14 term ‘current grazing management’ means grazing 

15 in accordance with the terms and conditions of an 

16 existing permit or lease and includes any modifica17 tions that are consistent with an applicable Depart18 ment of Interior resource management plan or De19 partment of Agriculture land use plan. 

20 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec21 retary concerned’ means— 

22 ‘‘(A) the Secretary of Agriculture, with re23 spect to National Forest System land; and 


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1 ‘‘(B) the Secretary of the Interior, with re2 spect to land under the jurisdiction of the De3 partment of the Interior. 

4 ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND

5 PENDING PROCESSING.—A grazing permit or lease issued 

6 by the Secretary of the Interior, or a grazing permit issued 

7 by the Secretary of Agriculture regarding National Forest 

8 System land, that expires, is transferred, or is waived shall 

9 be renewed or reissued under, as appropriate— 

10 ‘‘(1) section 402; 

11 ‘‘(2) section 19 of the Act of April 24, 1950 

12 (commonly known as the ‘Granger-Thye Act’; 16 

13 U.S.C. 580l); 

14 ‘‘(3) title III of the Bankhead-Jones Farm Ten15 ant Act (7 U.S.C. 1010 et seq.); or 

16 ‘‘(4) section 510 the California Desert Protec17 tion Act of 1994 (16 U.S.C. 410aaa–50). 

18 ‘‘(c) TERMS; CONDITIONS.—The terms and condi19 tions (except the termination date) contained in an ex20 pired, transferred, or waived permit or lease described in 

21 subsection (b) shall continue in effect under a renewed or 

22 reissued permit or lease until the date on which the Sec23 retary concerned completes the processing of the renewed 

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1 pired, transferred, or waived permit or lease, in compli2 ance with each applicable law. 

3 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA4 TION.—Notwithstanding subsection (c), a permit or lease 

5 described in subsection (b) may be cancelled, suspended, 

6 or modified in accordance with applicable law. 

7 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER

8 PROCESSING.—When the Secretary concerned has com9 pleted the processing of the renewed or reissued permit 

10 or lease that is the subject of the expired, transferred, or 

11 waived permit or lease, the Secretary concerned may 

12 renew or reissue the permit or lease for a term of 20 years 

13 after completion of processing. 

14 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

15 POLICY ACT OF 1969.—The renewal, reissuance, or trans16 fer of a grazing permit or lease by the Secretary concerned 

17 may, at their sole discretion, be categorically excluded 

18 from the requirement to prepare an environmental assess19 ment or an environmental impact statement if— 

20 ‘‘(1) the decision to renew, reissue, or transfer 

21 continues the current grazing management of the al22 lotment; 

23 ‘‘(2) monitoring of the allotment has indicated 

24 that the current grazing management has met, or 

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1 tives contained in the land use and resource manage2 ment plan of the allotment, as determined by the 

3 Secretary concerned; or 

4 ‘‘(3) the decision is consistent with the policy of 

5 the Department of the Interior or the Department 

6 of Agriculture, as appropriate, regarding extraor7 dinary circumstances. 

8 ‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI9 RONMENTAL ANALYSES.—The Secretary concerned, in the 

10 sole discretion of the Secretary concerned, shall determine 

11 the priority and timing for completing each required envi12 ronmental analysis regarding any grazing allotment, per13 mit, or lease based on the environmental significance of 

14 the allotment, permit, or lease and available funding for 

15 that purpose. 

16 ‘‘(h) NEPA EXEMPTIONS.—The National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

18 not apply to the following: 

19 ‘‘(1) Crossing and trailing authorizations of do20 mestic livestock. 

21 ‘‘(2) Transfer of grazing preference.’’. 


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1 TITLE XII—TARGET PRACTICE 

2 AND MARKSMANSHIP TRAIN3 ING SUPPORT ACT 

4 SEC. 1201. SHORT TITLE. 

5 This title may be cited as the ‘‘Target Practice and 

6 Marksmanship Training Support Act’’. 

7 SEC. 1202. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the use of firearms and archery equipment 

10 for target practice and marksmanship training ac11 tivities on Federal land is allowed, except to the ex12 tent specific portions of that land have been closed 

13 to those activities; 

14 (2) in recent years preceding the date of enact15 ment of this title, portions of Federal land have been 

16 closed to target practice and marksmanship training 

17 for many reasons; 

18 (3) the availability of public target ranges on 

19 non-Federal land has been declining for a variety of 

20 reasons, including continued population growth and 

21 development near former ranges; 

22 (4) providing opportunities for target practice 

23 and marksmanship training at public target ranges 

24 on Federal and non-Federal land can help— 


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1 (A) to promote enjoyment of shooting, rec2 reational, and hunting activities; and 

3 (B) to ensure safe and convenient locations 

4 for those activities; 

5 (5) Federal law in effect on the date of enact6 ment of this title, including the Pittman-Robertson 

7 Wildlife Restoration Act (16 U.S.C. 669 et seq.), 

8 provides Federal support for construction and ex9 pansion of public target ranges by making available 

10 to States amounts that may be used for construc11 tion, operation, and maintenance of public target 

12 ranges; and 

13 (6) it is in the public interest to provide in14 creased Federal support to facilitate the construction 

15 or expansion of public target ranges. 

16 (b) PURPOSE.—The purpose of this title is to facili17 tate the construction and expansion of public target 

18 ranges, including ranges on Federal land managed by the 

19 Forest Service and the Bureau of Land Management. 

20 SEC. 1203. DEFINITION OF PUBLIC TARGET RANGE. 

21 In this title, the term ‘‘public target range’’ means 

22 a specific location that— 

23 (1) is identified by a governmental agency for 

24 recreational shooting; 

25 (2) is open to the public; 


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1 (3) may be supervised; and 

2 (4) may accommodate archery or rifle, pistol, or 

3 shotgun shooting. 

4 SEC. 1204. AMENDMENTS TO PITTMAN-ROBERTSON WILD5 LIFE RESTORATION ACT. 

6 (a) DEFINITIONS.—Section 2 of the Pittman-Robert7 son Wildlife Restoration Act (16 U.S.C. 669a) is amend8 ed— 

9 (1) by redesignating paragraphs (2) through 

10 (8) as paragraphs (3) through (9), respectively; and 

11 (2) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) the term ‘public target range’ means a 

14 specific location that— 

15 ‘‘(A) is identified by a governmental agen16 cy for recreational shooting; 

17 ‘‘(B) is open to the public; 

18 ‘‘(C) may be supervised; and 

19 ‘‘(D) may accommodate archery or rifle, 

20 pistol, or shotgun shooting;’’. 

21 (b) EXPENDITURES FOR MANAGEMENT OF WILD22 LIFE AREAS AND RESOURCES.—Section 8(b) of the Pitt23 man-Robertson Wildlife Restoration Act (16 U.S.C. 

24 669g(b)) is amended— 


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1 (1) by striking ‘‘(b) Each State’’ and inserting 

2 the following: 

3 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD4 LIFE AREAS AND RESOURCES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), each State’’; 

7 (2) in paragraph (1) (as so designated), by 

8 striking ‘‘construction, operation,’’ and inserting 

9 ‘‘operation’’; 

10 (3) in the second sentence, by striking ‘‘The 

11 non-Federal share’’ and inserting the following: 

12 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

13 share’’; 

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

16 ‘‘(4) REGULATIONS.—The Secretary’’; and 

17 (5) by inserting after paragraph (1) (as des18 ignated by paragraph (1) of this subsection) the fol19 lowing: 

20 ‘‘(2) EXCEPTION.—Notwithstanding the limita21 tion described in paragraph (1), a State may pay up 

22 to 90 percent of the funds apportioned to it under 

23 section 669c(c) of this title to acquire land for, ex24 pand, or construct a public target range.’’. 


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1 (c) FIREARM AND BOW HUNTER EDUCATION AND

2 SAFETY PROGRAM GRANTS.—Section 10 of the Pittman3 Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) 

4 is amended— 

5 (1) in subsection (a), by adding at the end the 

6 following: 

7 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

8 Of the amount apportioned to a State for any fiscal 

9 year under section 4(b), the State may elect to allo10 cate not more than 10 percent, to be combined with 

11 the amount apportioned to the State under para12 graph (1) for that fiscal year, for acquiring land for, 

13 expanding, or constructing a public target range.’’; 

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) COST SHARING.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Federal share of the cost of any activ19 ity carried out using a grant under this section shall 

20 not exceed 75 percent of the total cost of the activ21 ity. 

22 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

23 EXPANSION.—The Federal share of the cost of ac24 quiring land for, expanding, or constructing a public 

25 target range in a State on Federal or non-Federal 


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1 land pursuant to this section or section 8(b) shall 

2 not exceed 90 percent of the cost of the activity.’’; 

3 and 

4 (3) in subsection (c)(1)— 

5 (A) by striking ‘‘Amounts made’’ and in6 serting the following: 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), amounts made’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(B) EXCEPTION.—Amounts provided for 

11 acquiring land for, constructing, or expanding a 

12 public target range shall remain available for 

13 expenditure and obligation during the 5-fiscal14 year period beginning on October 1 of the first 

15 fiscal year for which the amounts are made 

16 available.’’. 

17 SEC. 1205. LIMITS ON LIABILITY. 

18 (a) DISCRETIONARY FUNCTION.—For purposes of 

19 chapter 171 of title 28, United States Code (commonly 

20 referred to as the ‘‘Federal Tort Claims Act’’), any action 

21 by an agent or employee of the United States to manage 

22 or allow the use of Federal land for purposes of target 

23 practice or marksmanship training by a member of the 

24 public shall be considered to be the exercise or perform25 ance of a discretionary function. 


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1 (b) CIVIL ACTION OR CLAIMS.—Except to the extent 

2 provided in chapter 171 of title 28, United States Code, 

3 the United States shall not be subject to any civil action 

4 or claim for money damages for any injury to or loss of 

5 property, personal injury, or death caused by an activity 

6 occurring at a public target range that is— 

7 (1) funded in whole or in part by the Federal 

8 Government pursuant to the Pittman-Robertson 

9 Wildlife Restoration Act (16 U.S.C. 669 et seq.); or 

10 (2) located on Federal land. 

11 SEC. 1206. SENSE OF CONGRESS REGARDING COOPERA12 TION. 

13 It is the sense of Congress that, consistent with appli14 cable laws and regulations, the Chief of the Forest Service 

15 and the Director of the Bureau of Land Management 

16 should cooperate with State and local authorities and 

17 other entities to carry out waste removal and other activi18 ties on any Federal land used as a public target range 

19 to encourage continued use of that land for target practice 

20 or marksmanship training. 


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1 TITLE XIII—CHESAPEAKE BAY 

2 ACCOUNTABILITY AND RE3 COVERY ACT OF 2012 

4 SEC. 1301. SHORT TITLE. 

5 This title may be cited as the ‘‘Chesapeake Bay Ac6 countability and Recovery Act of 2012’’. 

7 SEC. 1302. CHESAPEAKE BAY CROSSCUT BUDGET. 

8 (a) CROSSCUT BUDGET.—The Director, in consulta9 tion with the Chesapeake Executive Council, the chief ex10 ecutive of each Chesapeake Bay State, and the Chesa11 peake Bay Commission, shall submit to Congress a finan12 cial report containing— 

13 (1) an interagency crosscut budget that dis14 plays— 

15 (A) the proposed funding for any Federal 

16 restoration activity to be carried out in the suc17 ceeding fiscal year, including any planned inter18 agency or intra-agency transfer, for each of the 

19 Federal agencies that carry out restoration ac20 tivities; 

21 (B) to the extent that information is avail22 able, the estimated funding for any State res23 toration activity to be carried out in the suc24 ceeding fiscal year; 


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1 (C) all expenditures for Federal restoration 

2 activities from the preceding 2 fiscal years, the 

3 current fiscal year, and the succeeding fiscal 

4 year; and 

5 (D) all expenditures, to the extent that in6 formation is available, for State restoration ac7 tivities during the equivalent time period de8 scribed in subparagraph (C); 

9 (2) a detailed accounting of all funds received 

10 and obligated by all Federal agencies for restoration 

11 activities during the current and preceding fiscal 

12 years, including the identification of funds which 

13 were transferred to a Chesapeake Bay State for res14 toration activities; 

15 (3) to the extent that information is available, 

16 a detailed accounting from each State of all funds 

17 received and obligated from a Federal agency for 

18 restoration activities during the current and pre19 ceding fiscal years; and 

20 (4) a description of each of the proposed Fed21 eral and State restoration activities to be carried out 

22 in the succeeding fiscal year (corresponding to those 

23 activities listed in subparagraphs (A) and (B) of 

24 paragraph (1)), including the— 

25 (A) project description; 


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1 (B) current status of the project; 

2 (C) Federal or State statutory or regu3 latory authority, programs, or responsible agen4 cies; 

5 (D) authorization level for appropriations; 

6 (E) project timeline, including benchmarks; 

7 (F) references to project documents; 

8 (G) descriptions of risks and uncertainties 

9 of project implementation; 

10 (H) adaptive management actions or 

11 framework; 

12 (I) coordinating entities; 

13 (J) funding history; 

14 (K) cost-sharing; and 

15 (L) alignment with existing Chesapeake 

16 Bay Agreement and Chesapeake Executive 

17 Council goals and priorities. 

18 (b) MINIMUM FUNDING LEVELS.—The Director shall 

19 only describe restoration activities in the report required 

20 under subsection (a) that— 

21 (1) for Federal restoration activities, have fund22 ing amounts greater than or equal to $100,000; and 

23 (2) for State restoration activities, have funding 

24 amounts greater than or equal to $50,000. 


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1 (c) DEADLINE.—The Director shall submit to Con2 gress the report required by subsection (a) not later than 

3 30 days after the submission by the President of the Presi4 dent’s annual budget to Congress. 

5 (d) REPORT.—Copies of the financial report required 

6 by subsection (a) shall be submitted to the Committees 

7 on Appropriations, Natural Resources, Energy and Com8 merce, and Transportation and Infrastructure of the 

9 House of Representatives and the Committees on Appro10 priations, Environment and Public Works, and Commerce, 

11 Science, and Transportation of the Senate. 

12 (e) EFFECTIVE DATE.—This section shall apply be13 ginning with the first fiscal year after the date of enact14 ment of this title for which the President submits a budget 

15 to Congress. 

16 SEC. 1303. ADAPTIVE MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this title, the Administrator, in con19 sultation with other Federal and State agencies, shall de20 velop an adaptive management plan for restoration activi21 ties in the Chesapeake Bay watershed that includes— 

22 (1) definition of specific and measurable objec23 tives to improve water quality, habitat, and fisheries; 

24 (2) a process for stakeholder participation; 


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1 (3) monitoring, modeling, experimentation, and 

2 other research and evaluation practices; 

3 (4) a process for modification of restoration ac4 tivities that have not attained or will not attain the 

5 specific and measurable objectives set forth under 

6 paragraph (1); and 

7 (5) a process for prioritizing restoration activi8 ties and programs to which adaptive management 

9 shall be applied. 

10 (b) IMPLEMENTATION.—The Administrator shall im11 plement the adaptive management plan developed under 

12 subsection (a). 

13 (c) UPDATES.—The Administrator shall update the 

14 adaptive management plan developed under subsection (a) 

15 every 2 years. 

16 (d) REPORT TO CONGRESS.— 

17 (1) IN GENERAL.—Not later than 60 days after 

18 the end of a fiscal year, the Administrator shall 

19 transmit to Congress an annual report on the imple20 mentation of the adaptive management plan required 

21 under this section for such fiscal year. 

22 (2) CONTENTS.—The report required under 

23 paragraph (1) shall contain information about the 

24 application of adaptive management to restoration 

25 activities and programs, including programmatic and 


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1 project level changes implemented through the proc2 ess of adaptive management. 

3 (3) EFFECTIVE DATE.—Paragraph (1) shall 

4 apply to the first fiscal year that begins after the 

5 date of enactment of this title. 

6 (e) INCLUSION OF PLAN IN ANNUAL ACTION PLAN

7 AND ANNUAL PROGRESS REPORT.—The Administrator 

8 shall ensure that the Annual Action Plan and Annual 

9 Progress Report required by section 205 of Executive 

10 Order No. 13508 includes the adaptive management plan 

11 outlined in subsection (a). 

12 SEC. 1304. INDEPENDENT EVALUATOR FOR THE CHESA13 PEAKE BAY PROGRAM. 

14 (a) IN GENERAL.—There shall be an Independent 

15 Evaluator for restoration activities in the Chesapeake Bay 

16 watershed, who shall review and report on restoration ac17 tivities and the use of adaptive management in restoration 

18 activities, including on such related topics as are suggested 

19 by the Chesapeake Executive Council. 

20 (b) APPOINTMENT.— 

21 (1) IN GENERAL.—The Independent Evaluator 

22 shall be appointed by the Administrator from among 

23 nominees submitted by the Chesapeake Executive 

24 Council. 


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1 (2) NOMINATIONS.—The Chesapeake Executive 

2 Council may submit to the Administrator 4 nomi3 nees for appointment to any vacancy in the office of 

4 the Independent Evaluator. 

5 (c) REPORTS.—The Independent Evaluator shall sub6 mit a report to the Congress every 2 years in the findings 

7 and recommendations of reviews under this section. 

8 (d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec9 tion, the term ‘‘Chesapeake Executive Council’’ has the 

10 meaning given that term by section 307 of the National 

11 Oceanic and Atmospheric Administration Authorization 

12 Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d). 

13 SEC. 1305. DEFINITIONS. 

14 In this title, the following definitions apply: 

15 (1) ADAPTIVE MANAGEMENT.—The term 

16 ‘‘adaptive management’’ means a type of natural re17 source management in which project and program 

18 decisions are made as part of an ongoing science19 based process. Adaptive management involves test20 ing, monitoring, and evaluating applied strategies 

21 and incorporating new knowledge into programs and 

22 restoration activities that are based on scientific 

23 findings and the needs of society. Results are used 

24 to modify management policy, strategies, practices, 

25 programs, and restoration activities. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (3) CHESAPEAKE BAY STATE.—The term 

5 ‘‘Chesapeake Bay State’’ or ‘‘State’’ means the 

6 States of Maryland, West Virginia, Delaware, and 

7 New York, the Commonwealths of Virginia and 

8 Pennsylvania, and the District of Columbia. 

9 (4) CHESAPEAKE BAY WATERSHED.—The term 

10 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 

11 Bay and the geographic area, as determined by the 

12 Secretary of the Interior, consisting of 36 tributary 

13 basins, within the Chesapeake Bay States, through 

14 which precipitation drains into the Chesapeake Bay. 

15 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec16 utive’’ means, in the case of a State or Common17 wealth, the Governor of each such State or Common18 wealth and, in the case of the District of Columbia, 

19 the Mayor of the District of Columbia. 

20 (6) DIRECTOR.—The term ‘‘Director’’ means 

21 the Director of the Office of Management and Budg22 et. 

23 (7) RESTORATION ACTIVITIES.—The term ‘‘res24 toration activities’’ means any Federal or State pro25 grams or projects that directly or indirectly protect, 


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1 conserve, or restore living resources, habitat, water 

2 resources, or water quality in the Chesapeake Bay 

3 watershed, including programs or projects that pro4 mote responsible land use, stewardship, and commu5 nity engagement in the Chesapeake Bay watershed. 

6 Restoration activities may be categorized as follows: 

7 (A) Physical restoration. 

8 (B) Planning. 

9 (C) Feasibility studies. 

10 (D) Scientific research. 

11 (E) Monitoring. 

12 (F) Education. 

13 (G) Infrastructure Development. 

14 TITLE XIV—NATIONAL SECURITY 

15 AND FEDERAL LANDS PRO16 TECTION ACT 

17 SEC. 1401. WAIVER OF FEDERAL LAWS WITH RESPECT TO 

18 BORDER SECURITY ACTIONS ON DEPART19 MENT OF THE INTERIOR AND DEPARTMENT 

20 OF AGRICULTURE LANDS. 

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

22 ‘‘National Security and Federal Lands Protection Act’’. 

23 (b) PROHIBITION ON SECRETARIES OF THE INTE24 RIOR AND AGRICULTURE.—The Secretary of the Interior 

25 or the Secretary of Agriculture shall not impede, prohibit, 


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1 or restrict activities of U.S. Customs and Border Protec2 tion on Federal land located within 100 miles of an inter3 national land border, that is under the jurisdiction of the 

4 Secretary of the Interior or the Secretary of Agriculture 

5 to prevent all unlawful entries into the United States, in6 cluding entries by terrorists, other unlawful aliens, instru7 ments of terrorism, narcotics, and other contraband 

8 through the international land borders of the United 

9 States. 

10 (c) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

11 BORDER PROTECTION.—U.S. Customs and Border Pro12 tection shall have access to Federal land under the juris13 diction of the Secretary of the Interior or the Secretary 

14 of Agriculture for purposes of conducting the following ac15 tivities on such land that assist in securing the inter16 national land borders of the United States: 

17 (1) Construction and maintenance of roads. 

18 (2) Construction and maintenance of fences. 

19 (3) Use of vehicles to patrol. 

20 (4) Installation, maintenance, and operation of 

21 surveillance equipment and sensors. 

22 (5) Use of aircraft. 

23 (6) Deployment of temporary tactical infra24 structure, including forward operating bases. 


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1 (d) CLARIFICATION RELATING TO WAIVER AUTHOR2 ITY.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law (including any termination date re5 lating to the waiver referred to in this subsection), 

6 the waiver by the Secretary of Homeland Security 

7 on April 1, 2008, under section 102(c)(1) of the Ille8 gal Immigration Reform and Immigrant Responsi9 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

10 104–208) of the laws described in paragraph (2) 

11 with respect to certain sections of the international 

12 border between the United States and Mexico and 

13 between the United States and Canada shall be con14 sidered to apply to all Federal land under the juris15 diction of the Secretary of the Interior or the Sec16 retary of Agriculture within 100 miles of the inter17 national land borders of the United States for the 

18 activities of U.S. Customs and Border Protection de19 scribed in subsection (c). 

20 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

21 referred to in paragraph (1) are limited to the Wil22 derness Act (16 U.S.C. 1131 et seq.), the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.), the Endangered Species Act of 1973 (16 

25 U.S.C. 1531 et seq.), the National Historic PreserVerDate Mar 15 2010 05:12 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H2578.RFS H2578

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1 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 

2 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

3 1906 (commonly known as the ‘‘Antiquities Act of 

4 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

5 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

6 Land Policy and Management Act of 1976 (43 

7 U.S.C. 1701 et seq.), the National Wildlife Refuge 

8 System Administration Act of 1966 (16 U.S.C. 

9 668dd et seq.), the Fish and Wildlife Act of 1956 

10 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co11 ordination Act (16 U.S.C. 661 et seq.), subchapter 

12 II of chapter 5, and chapter 7, of title 5, United 

13 States Code (commonly known as the ‘‘Administra14 tive Procedure Act’’), the National Park Service Or15 ganic Act (16 U.S.C. 1 et seq.), the General Au16 thorities Act of 1970 (Public Law 91–383) (16 

17 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 

18 of the National Parks and Recreation Act of 1978 

19 (Public Law 95–625, 92 Stat. 3467), and the Ari20 zona Desert Wilderness Act of 1990 (16 U.S.C. 

21 1132 note; Public Law 101–628). 

22 (e) PROTECTION OF LEGAL USES.—This section 

23 shall not be construed to provide— 

24 (1) authority to restrict legal uses, such as 

25 grazing, hunting, mining, or public-use recreational 


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1 and backcountry airstrips on land under the jurisdic2 tion of the Secretary of the Interior or the Secretary 

3 of Agriculture; 

4 (2) any additional authority to restrict legal ac5 cess to such land; or 

6 (3) any additional authority or access to private 

7 or State land. 

8 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

9 supersedes, replaces, negates, or diminishes treaties or 

10 other agreements between the United States and Indian 

11 tribes. 

12 (g) SUNSET.—This section shall have no force or ef13 fect after the end of the 5-year period beginning on the 

14 date of enactment of this Act. 

Passed the House of Representatives June 19, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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