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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2578 Referred in Senate (RFS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conservation and Economic Growth 
Act''.

SEC. 2. TABLE OF CONTENTS.

    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.
             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

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.

                      TITLE I--LOWER MERCED RIVER

SEC. 101. LOWER MERCED RIVER.

    (a) Wild and Scenic Rivers Act.--Section 3(a)(62)(B)(i) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1274(a)(62)) is amended--
            (1) by striking ``the normal maximum'' the first place that 
        it appears and all that follows through ``April, 1990.'' and 
        inserting the following: ``the boundary of FERC Project No. 
        2179 as it existed on July 18, 2011, consisting of a point 
        approximately 2,480 feet downstream of the confluence with the 
        North Fork of the Merced River, consisting of approximately 7.4 
        miles.''; and
            (2) by striking ``the normal maximum operating pool water 
        surface level of Lake McClure'' the second time that it occurs 
        and inserting ``the boundary of FERC Project No. 2179 as it 
        existed on July 18, 2011, consisting of a point approximately 
        2,480 feet downstream of the confluence with the North Fork of 
        the Merced River''.
    (b) Exchequer Project.--Section 3 of Public Law 102-432 is amended 
by striking ``Act:'' and all that follows through the period and 
inserting ``Act.''.

      TITLE II--BONNEVILLE UNIT CLEAN HYDROPOWER FACILITATION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Bonneville Unit Clean Hydropower 
Facilitation Act''.

SEC. 202. DIAMOND FORK SYSTEM DEFINED.

    For the purposes of this title, the term ``Diamond Fork System'' 
means the facilities described in chapter 4 of the October 2004 
Supplement to the 1988 Definite Plan Report for the Bonneville Unit.

SEC. 203. COST ALLOCATIONS.

    Notwithstanding any other provision of law, in order to facilitate 
hydropower development on the Diamond Fork System, the amount of 
reimbursable costs allocated to project power in Chapter 6 of the Power 
Appendix in the October 2004 Supplement to the 1988 Bonneville Unit 
Definite Plan Report, with regard to power development upstream of the 
Diamond Fork System, shall be considered final costs as well as costs 
in excess of the total maximum repayment obligation as defined in 
section 211 of the Central Utah Project Completion Act of 1992 (Public 
Law 102-575), and shall be subject to the same terms and conditions.

SEC. 204. NO PURCHASE OR MARKET OBLIGATION; NO COSTS ASSIGNED TO POWER.

    Nothing in this title shall obligate the Western Area Power 
Administration to purchase or market any of the power produced by the 
Diamond Fork power plant and none of the costs associated with 
development of transmission facilities to transmit power from the 
Diamond Fork power plant shall be assigned to power for the purpose of 
Colorado River Storage Project ratemaking.

SEC. 205. PROHIBITION ON TAX-EXEMPT FINANCING.

    No facility for the generation or transmission of hydroelectric 
power on the Diamond Fork System may be financed or refinanced, in 
whole or in part, with proceeds of any obligation--
            (1) the interest on which is exempt from the tax imposed 
        under chapter 1 of the Internal Revenue Code of 1986; or
            (2) with respect to which credit is allowable under subpart 
        I or J of part IV of subchapter A of chapter 1 of such Code.

SEC. 206. REPORTING REQUIREMENT.

    If, 24 months after the date of the enactment of this title, 
hydropower production on the Diamond Fork System has not commenced, the 
Secretary of the Interior shall submit a report to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate stating this fact, the 
reasons such production has not yet commenced, and a detailed timeline 
for future hydropower production.

SEC. 207. PAYGO.

    The budgetary effects of this title, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this title, submitted for printing in the 
Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

SEC. 208. LIMITATION ON THE USE OF FUNDS.

    The authority under the provisions of section 301 of the Hoover 
Power Plant Act of 1984 (Public Law 98-381; 42 U.S.C. 16421a) shall not 
be used to fund any study or construction of transmission facilities 
developed as a result of this title.

 TITLE III--SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT FINALIZATION AND 
                          JOBS PROTECTION ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Southeast Alaska Native Land 
Entitlement Finalization and Jobs Protection Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Conservation system unit.--The term ``conservation 
        system unit'' has the meaning given the term in section 102 of 
        the Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3102).
            (2) Sealaska.--The term ``Sealaska'' means the Sealaska 
        Corporation, a Regional Native Corporation created under the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 303. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1)(A) in 1971, Congress enacted the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle 
        the aboriginal claims of Alaska Natives to land historically 
        used by Alaska Natives for traditional, cultural, and spiritual 
        purposes; and
            (B) that Act declared that the land settlement ``should be 
        accomplished rapidly, with certainty, in conformity with the 
        real economic and social needs of Natives'';
            (2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.)--
                    (A) authorized the distribution of approximately 
                $1,000,000,000 and 44,000,000 acres of land to Alaska 
                Natives; and
                    (B) provided for the establishment of Native 
                Corporations to receive and manage the funds and that 
                land to meet the cultural, social, and economic needs 
                of Native shareholders;
            (3) under section 12 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1611), each Regional Corporation, other than 
        Sealaska (the Regional Corporation for southeast Alaska), was 
        authorized to receive a share of land based on the proportion 
        that the number of Alaska Native shareholders residing in the 
        region of the Regional Corporation bore to the total number of 
        Alaska Native shareholders, or the relative size of the area to 
        which the Regional Corporation had an aboriginal land claim 
        bore to the size of the area to which all Regional Corporations 
        had aboriginal land claims;
            (4)(A) Sealaska, the Regional Corporation for southeast 
        Alaska, 1 of the Regional Corporations with the largest number 
        of Alaska Native shareholders, with more than 21 percent of all 
        original Alaska Native shareholders, received less than 1 
        percent of the lands set aside for Alaska Natives, and received 
        no land under section 12 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1611);
            (B) the Tlingit and Haida Indian Tribes of Alaska was 1 of 
        the entities representing the Alaska Natives of southeast 
        Alaska before the date of enactment of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.); and
            (C) Sealaska did not receive land in proportion to the 
        number of Alaska Native shareholders, or in proportion to the 
        size of the area to which Sealaska had an aboriginal land 
        claim, in part because of a United States Court of Claims cash 
        settlement to the Tlingit and Haida Indian Tribes of Alaska in 
        1968 for land previously taken to create the Tongass National 
        Forest and Glacier Bay National Monument;
            (5) the 1968 Court of Claims cash settlement of $7,500,000 
        did not--
                    (A) adequately compensate the Alaska Natives of 
                southeast Alaska for the significant quantity of land 
                and resources lost as a result of the creation of the 
                Tongass National Forest and Glacier Bay National 
                Monument or other losses of land and resources; or
                    (B) justify the significant disparate treatment of 
                Sealaska under the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1611) in 1971;
            (6)(A) while each other Regional Corporation received a 
        significant quantity of land under sections 12 and 14 of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        Sealaska only received land under section 14(h) of that Act (43 
        U.S.C. 1613(h));
            (B) section 14(h) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1613(h)) authorized the Secretary to withdraw 
        and convey 2,000,000-acres of ``unreserved and unappropriated'' 
        public lands in Alaska from which Alaska Native selections 
        could be made for historic sites, cemetery sites, Urban 
        Corporation land, Native group land, and Native Allotments;
            (C) under section 14(h)(8) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(8)), after selections are 
        made under paragraphs (1) through (7) of that section, the land 
        remaining in the 2,000,000-acre land pool is allocated based on 
        the proportion that the original Alaska Native shareholder 
        population of a Regional Corporation bore to the original 
        Alaska Native shareholder population of all Regional 
        Corporations;
            (D) the only Native land entitlement of Sealaska derives 
        from a proportion of leftover land remaining from the 
        2,000,000-acre land pool, estimated as of the date of enactment 
        of this Act at approximately 1,700,000 acres;
            (E) because at the time of enactment of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) all public land 
        in the Tongass National Forest had been reserved for purposes 
        of creating the national forest, the Secretary was not able to 
        withdraw any public land in the Tongass National Forest for 
        selection by and conveyance to Sealaska;
            (F) at the time of enactment of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) other public lands in 
        southeast Alaska not located in the Tongass National Forest 
        were not suitable for selection by and conveyance to Sealaska 
        because such lands were located in Glacier Bay National 
        Monument, were included in a withdrawal effected pursuant to 
        section 17(d)(2) of that Act (43 U.S.C. 1616(d)(2)) and slated 
        to become part of the Wrangell-St. Elias National Park, or 
        essentially consisted of mountain tops;
            (G) Sealaska in 1975 requested that Congress amend the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to 
        permit the Regional Corporation to select lands inside of the 
        withdrawal areas established for southeast Alaska Native 
        villages under section 16 of that Act (43 U.S.C. 1615); and
            (H) in 1976, Congress amended section 16 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1615) to allow Sealaska 
        to select lands under section 14(h)(8) of that Act (43 U.S.C. 
        1613(h)(8)) from land located inside, rather than outside, the 
        withdrawal areas established for southeast Alaska Native 
        villages;
            (7) the 10 Alaska Native village withdrawal areas in 
        southeast Alaska surround the Alaska Native communities of 
        Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, 
        Hydaburg, Klukwan, and Saxman;
            (8)(A) the existing conveyance requirements of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for 
        southeast Alaska limit the land eligible for conveyance to 
        Sealaska to the original withdrawal areas surrounding 10 Alaska 
        Native villages in southeast Alaska, which precludes Sealaska 
        from selecting land located--
                    (i) in any withdrawal area established for the 
                Urban Corporations for Sitka and Juneau, Alaska; or
                    (ii) outside the 10 Alaska Native village 
                withdrawal areas; and
            (B) unlike other Regional Corporations, Sealaska is not 
        authorized to request land located outside the withdrawal areas 
        described in subparagraph (A) if the withdrawal areas are 
        insufficient to complete the land entitlement of Sealaska under 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.);
            (9)(A) the deadline for applications for selection of 
        cemetery sites and historic places on land outside withdrawal 
        areas established under section 14 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613) was July 1, 1976;
            (B)(i) as of that date, the Bureau of Land Management 
        notified Sealaska that the total entitlement of Sealaska would 
        be approximately 200,000 acres; and
            (ii) Sealaska made entitlement allocation decisions for 
        cultural sites and economic development sites based on that 
        original estimate; and
            (C) as a result of the Alaska Land Transfer Acceleration 
        Act (Public Law 108-452; 118 Stat. 3575) and subsequent related 
        determinations and actions of the Bureau of Land Management, it 
        became clear within the last decade that Sealaska will receive 
        significantly more than 200,000 acres pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            (10) in light of the revised Bureau of Land Management 
        estimate of the total number of acres that Sealaska will 
        receive pursuant to the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.), and in consultation with Members of 
        Alaska's congressional delegation, Sealaska and its 
        shareholders believe that it is appropriate to allocate more of 
        the entitlement of Sealaska to--
                    (A) the acquisition of places of sacred, cultural, 
                traditional, and historical significance;
                    (B) the acquisition of sites with traditional and 
                recreational use value and sites suitable for renewable 
                energy development; and
                    (C) the acquisition of lands that are not within 
                the watersheds of Native and non-Native communities and 
                are suitable economically and environmentally for 
                natural resource development;
            (11)(A) pursuant to section 11(a)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was not 
        authorized to select under section 14(h)(1) of that Act (43 
        U.S.C. 1613(h)(1)) any site within Glacier Bay National Park, 
        despite the abundance of cultural sites within that Park;
            (B) Sealaska seeks cooperative agreements to ensure that 
        cultural sites within Glacier Bay National Park are subject to 
        cooperative management by Sealaska, Village and Urban 
        Corporations, and federally recognized tribes with ties to the 
        cultural sites and history of the Park; and
            (C) Congress recognizes that there is an existing 
        Memorandum of Understanding (MOU) between the Park Service and 
        the Hoonah Indian Association, and does not intend to 
        circumvent the MOU; rather the intent is to ensure that this 
        and similar mechanisms for cooperative management in Glacier 
        Bay are required by law;
            (12)(A) the cemetery sites and historic places conveyed to 
        Sealaska pursuant to section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a 
        restrictive covenant not required by the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) that hinders the 
        ability of Sealaska to use the sites for cultural, educational, 
        or research purposes for Alaska Natives and others;
            (B) historic sites managed by the Forest Service are not 
        subject to the limitations referred to in subparagraph (A); and
            (C) Alaska Natives of southeast Alaska should be permitted 
        to use cemetery sites and historic places in a manner that is--
                    (i) consistent with the sacred, cultural, 
                traditional, or historic nature of the site; and
                    (ii) not inconsistent with the management plans for 
                adjacent public land;
            (13) 44 percent (820,000 acres) of the 10 Alaska Native 
        village withdrawal areas established under the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) described in 
        paragraphs (7) and (8) are composed of salt water and not 
        available for selection;
            (14) of land subject to the selection rights of Sealaska, 
        110,000 acres are encumbered by gubernatorial consent 
        requirements under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.);
            (15) in each withdrawal area, there exist factors that 
        limit the ability of Sealaska to select sufficient land, and, 
        in particular, economically viable land, to fulfill the land 
        entitlement of Sealaska, including factors such as--
                    (A) with respect to the Yakutat withdrawal area--
                            (i) 46 percent of the area is salt water;
                            (ii) 10 sections (6,400 acres) around the 
                        Situk Lake were restricted from selection, with 
                        no consideration provided for the restriction; 
                        and
                            (iii)(I) 70,000 acres are subject to a 
                        gubernatorial consent requirement before 
                        selection; and
                            (II) Sealaska received no consideration 
                        with respect to the consent restriction;
                    (B) with respect to the Hoonah withdrawal area, 51 
                percent of the area is salt water;
                    (C) with respect to the Angoon withdrawal area--
                            (i) 120,000 acres of the area is salt 
                        water;
                            (ii) Sealaska received no consideration 
                        regarding the prohibition on selecting land 
                        from the 80,000 acres located within the 
                        Admiralty Island National Monument; and
                            (iii)(I) the Village Corporation for Angoon 
                        was allowed to select land located outside the 
                        withdrawal area on Prince of Wales Island, 
                        subject to the condition that the Village 
                        Corporation shall not select land located on 
                        Admiralty Island; but
                            (II) no alternative land adjacent to the 
                        out-of-withdrawal land of the Village 
                        Corporation was made available for selection by 
                        Sealaska;
                    (D) with respect to the Kake withdrawal area--
                            (i) 64 percent of the area is salt water; 
                        and
                            (ii) extensive timber harvesting by the 
                        Forest Service occurred in the area before 1971 
                        that significantly reduced the value of land 
                        available for selection by, and conveyance to, 
                        Sealaska;
                    (E) with respect to the Kasaan withdrawal area--
                            (i) 54 percent of the area is salt water; 
                        and
                            (ii) the Forest Service previously 
                        harvested in the area;
                    (F) with respect to the Klawock withdrawal area--
                            (i) the area consists of only 5 townships, 
                        as compared to the usual withdrawal area of 9 
                        townships, because of the proximity of the 
                        Klawock withdrawal area to the Village of 
                        Craig, which reduces the selection area by 
                        92,160 acres; and
                            (ii) the Klawock and Craig withdrawal areas 
                        are 35 percent salt water;
                    (G) with respect to the Craig withdrawal area, the 
                withdrawal area consists of only 6 townships, as 
                compared to the usual withdrawal area of 9 townships, 
                because of the proximity of the Craig withdrawal area 
                to the Village of Klawock, which reduces the selection 
                area by 69,120 acres;
                    (H) with respect to the Hydaburg withdrawal area--
                            (i) 36 percent of the area is salt water; 
                        and
                            (ii) Sealaska received no consideration 
                        under the Haida Land Exchange Act of 1986 
                        (Public Law No. 99-664; 100 Stat. 4303) for 
                        relinquishing selection rights to land within 
                        the withdrawal area that the Haida Corporation 
                        exchanged to the Forest Service;
                    (I) with respect to the Klukwan withdrawal area--
                            (i) 27 percent of the area is salt water; 
                        and
                            (ii) the withdrawal area is only 70,000 
                        acres, as compared to the usual withdrawal area 
                        of 207,360 acres, which reduces the selection 
                        area by 137,360 acres; and
                    (J) with respect to the Saxman withdrawal area--
                            (i) 29 percent of the area is salt water;
                            (ii) Sealaska received no consideration for 
                        the 50,576 acres within the withdrawal area 
                        adjacent to the first-class city of Ketchikan 
                        that were excluded from selection;
                            (iii) Sealaska received no consideration 
                        with respect to the 1977 amendment to the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1601 et seq.) requiring gubernatorial consent 
                        for selection of 58,000 acres in that area; and
                            (iv) 23,888 acres are located within the 
                        Annette Island Indian Reservation for the 
                        Metlakatla Indian Tribe and are not available 
                        for selection;
            (16) the selection limitations and guidelines applicable to 
        Sealaska under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)--
                    (A) are inequitable and inconsistent with the 
                purposes of that Act because there is insufficient land 
                remaining in the withdrawal areas to meet the 
                traditional, cultural, and socioeconomic needs of the 
                shareholders of Sealaska; and
                    (B) make it difficult for Sealaska to select--
                            (i) places of sacred, cultural, 
                        traditional, and historical significance;
                            (ii) sites with traditional and recreation 
                        use value and sites suitable for renewable 
                        energy development; and
                            (iii) lands that meet the real economic 
                        needs of the shareholders of Sealaska;
            (17) unless Sealaska is allowed to select land outside 
        designated withdrawal areas in southeast Alaska, Sealaska will 
        not be able to--
                    (A) complete the land entitlement selections of 
                Sealaska under the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1601 et seq.) in a manner that meets the 
                cultural, social, and economic needs of Native 
                shareholders;
                    (B) avoid land selections in watersheds that are 
                the exclusive drinking water supply for regional 
                communities, support world class salmon streams, have 
                been identified as important habitat, or would 
                otherwise be managed by the Forest Service as roadless 
                and old growth forest reserves;
                    (C) secure ownership of places of sacred, cultural, 
                traditional, and historical importance to the Alaska 
                Natives of southeast Alaska; and
                    (D) continue to support forestry jobs and economic 
                opportunities for Alaska Natives and other residents of 
                rural southeast Alaska;
            (18)(A) the rate of unemployment in southeast Alaska 
        exceeds the statewide rate of unemployment on a non-seasonally 
        adjusted basis;
            (B) in January 2011, the Alaska Department of Labor and 
        Workforce Development reported the unemployment rate for the 
        Prince of Wales--Outer Ketchikan census area at approximately 
        16.2 percent;
            (C) in October 2007, the Alaska Department of Labor and 
        Workforce Development projected population losses between 1996 
        and 2030 for the Prince of Wales--Outer Ketchikan census area 
        at 56.6 percent;
            (D) official unemployment rates severely underreport the 
        actual level of regional unemployment, particularly in Native 
        villages; and
            (E) additional job losses will exacerbate outmigration from 
        Native and non-Native communities in southeast Alaska;
            (19) Sealaska has played, and is expected to continue to 
        play, a significant role in the health of the southeast Alaska 
        economy;
            (20) despite the small land base of Sealaska as compared to 
        other Regional Corporations (less than 1 percent of the total 
        quantity of land allocated pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has--
                    (A) provided considerable benefits to Alaska Native 
                shareholders;
                    (B) supported hundreds of jobs for Alaska Native 
                shareholders and non-shareholders in southeast Alaska 
                for more than 30 years; and
                    (C) been a significant economic force in southeast 
                Alaska;
            (21) pursuant to the revenue sharing provisions of section 
        7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1606(i)), Sealaska has distributed more than $300,000,000 
        during the period beginning on January 1, 1971, and ending on 
        December 31, 2005, to Native Corporations throughout the State 
        of Alaska from the development of natural resources, which 
        accounts for 42 percent of the total revenues shared under that 
        section during that period;
            (22) resource development operations maintained by 
        Sealaska--
                    (A) support hundreds of jobs in the southeast 
                Alaska region;
                    (B) make timber available to local and domestic 
                sawmills and other wood products businesses such as 
                guitar manufacturers;
                    (C) support firewood programs for local 
                communities;
                    (D) support maintenance of roads utilized by local 
                communities for subsistence and recreation uses;
                    (E) support development of new biomass energy 
                opportunities in southeast Alaska, reducing dependence 
                on high-cost diesel fuel for the generation of energy;
                    (F) provide start-up capital for innovative 
                business models in southeast Alaska that create new 
                opportunities for non-timber economic development in 
                the region, including support for renewable biomass 
                initiatives, Alaska Native artisans, and rural 
                mariculture farming; and
                    (G) support Native education and cultural and 
                language preservation activities;
            (23) if the resource development operations of Sealaska 
        cease on land appropriate for those operations, there will be a 
        significant negative impact on--
                    (A) southeast Alaska Native shareholders;
                    (B) the cultural preservation activities of 
                Sealaska;
                    (C) the economy of southeast Alaska; and
                    (D) the Alaska Native community that benefits from 
                the revenue-sharing requirements under the Alaska 
                Native claims Settlement Act (43 U.S.C. 1601 et seq.);
            (24) it is critical that the remaining land entitlement 
        conveyances to Sealaska under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to 
        continue to meet the economic, social, and cultural needs of 
        the Alaska Native shareholders of southeast Alaska and the 
        Alaska Native community throughout Alaska;
            (25) in order to realize cultural preservation goals while 
        also diversifying economic opportunities, Sealaska should be 
        authorized to select and receive conveyance of--
                    (A) sacred, cultural, traditional, and historic 
                sites and other places of traditional cultural 
                significance, including traditional and customary trade 
                and migration routes, to facilitate the perpetuation 
                and preservation of Alaska Native culture and history;
                    (B) other sites with traditional and recreation use 
                value and sites suitable for renewable energy 
                development to facilitate appropriate tourism and 
                outdoor recreation enterprises and renewable energy 
                development for rural southeast Alaska communities; and
                    (C) lands that are suitable economically and 
                environmentally for natural resource development;
            (26) on completion of the conveyances of land of Sealaska 
        to fulfill the full land entitlement of Sealaska under the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
        the encumbrances on 327,000 acres of Federal land created by 
        the withdrawal of land for selection by Native Corporations in 
        southeast Alaska should be removed, which will facilitate 
        thorough and complete planning and efficient management 
        relating to national forest land in southeast Alaska by the 
        Forest Service;
            (27) although the Tribal Forest Protection Act (25 U.S.C. 
        3101 note; Public Law 108-278) defines the term ``Indian 
        tribe'' to include Indian tribes under section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b), a term which includes ``any Alaska Native village or 
        regional or village corporation as defined in or established 
        pursuant to the Alaska Native Claims Settlement Act * * *'', 
        the Tribal Forest Protection Act does not define the term 
        ``Indian forest land or rangeland'' to include lands owned by 
        Alaska Native Corporations, including Sealaska, which are the 
        primary Indian forest land owners in Alaska, and therefore, the 
        Tribal Forest Protection Act should be amended in a manner that 
        will--
                    (A) permit Native Corporations, including Sealaska, 
                as Indian forest land owners in Alaska, to work with 
                the Secretary of Agriculture under the Tribal Forest 
                Protection Act to address forest fire and insect 
                infestation issues, including the spread of the spruce 
                bark beetle in southeast and southcentral Alaska, which 
                threaten the health of the Native forestlands; and
                    (B) ensure that Native Corporations, including 
                Sealaska, can participate in programs administered by 
                the Secretary of Agriculture under the Tribal Forest 
                Protection Act without including Native Corporations 
                under the definition in that Act of ``Indian forest 
                land or rangeland'' or otherwise amending that Act in a 
                manner that validates, invalidates, or otherwise 
                affects any claim regarding the existence of Indian 
                country in the State of Alaska; and
            (28) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.) defines the term ``Indian tribe'' to include any 
        ``Native village, Regional Corporation or Village Corporation, 
        as those terms are defined in section 3 of the Alaska Native 
        Claims Settlement Act'' but does not define the term ``Tribal 
        lands'' to include lands owned by Alaska Native Corporations, 
        thereby excluding from the National Historic Preservation Act 
        cemetery sites and historical places transferred to Native 
        Corporations, including Sealaska, pursuant to the Alaska Native 
        Claims Settlement Act, and therefore, the National Historic 
        Preservation Act should be amended in a manner that will--
                    (A) permit Native Corporations, including Sealaska, 
                as owners of Indian cemetery sites and historical 
                places in Alaska, to work with the Secretary of the 
                Interior under the National Historic Preservation Act 
                to secure grants and other support to manage their own 
                historic sites and programs pursuant to that Act; and
                    (B) ensure that Native Corporations, including 
                Sealaska, can participate in programs administered by 
                the Secretary of the Interior under the National 
                Historic Preservation Act without including Native 
                Corporations under the definition in that Act of 
                ``Tribal lands'' or otherwise amending that Act in a 
                manner that validates, invalidates, or otherwise 
                affects any claim regarding the existence of Indian 
                country in the State of Alaska.
    (b) Purpose.--The purpose of this title is to address the 
inequitable treatment of Sealaska by allowing Sealaska to select the 
remaining land entitlement of Sealaska under section 14 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613) from designated Federal 
land in southeast Alaska located outside the 10 southeast Alaska Native 
village withdrawal areas in a manner that meets the cultural, social, 
and economic needs of Native shareholders, including the need to 
maintain jobs supported by Sealaska in rural southeast Alaska 
communities.

SEC. 304. SELECTIONS IN SOUTHEAST ALASKA.

    (a) Selection by Sealaska.--
            (1) In general.--Notwithstanding section 14(h)(8) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), 
        Sealaska is authorized to select and receive conveyance of the 
        remaining land entitlement of Sealaska under that Act (43 
        U.S.C. 1601 et seq.) from Federal land located in southeast 
        Alaska from each category described in subsections (b) and (c).
            (2) Treatment of land conveyed.--Land conveyed pursuant to 
        this title are to be treated as land conveyed pursuant to the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
        subject to, but not limited to--
                    (A) reservation of public easements across land 
                pursuant to section 17(b) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1616(b));
                    (B) valid existing rights pursuant to section 14(g) 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(g)); and
                    (C) the land bank protections of section 907(d) of 
                the Alaska National Interest and Lands Conservation Act 
                (43 U.S.C. 1636(d)).
    (b) Withdrawal of Land.--The following public land is withdrawn, 
subject to valid existing rights, from all forms of appropriation under 
public land laws, including the mining and mineral leasing laws, and 
from selection under the Act of July 7, 1958 (commonly known as the 
``Alaska Statehood Act'') (48 U.S.C. note prec. 21; Public Law 85-508), 
and shall be available for selection by and conveyance to Sealaska to 
complete the remaining land entitlement of Sealaska under section 
14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(h)(8)):
            (1) Land identified on the maps dated February 1, 2011, and 
        labeled ``Attachment A (Maps 1 through 8)''.
            (2) Sites with traditional, recreational, and renewable 
        energy use value, as identified on the map entitled ``Sites 
        with Traditional, Recreational, and Renewable Energy Use 
        Value'', dated February 1, 2011, and labeled ``Attachment D'', 
        subject to the condition that not more than 5,000 acres shall 
        be selected for those purposes.
            (3) Sites identified on the map entitled ``Traditional and 
        Customary Trade and Migration Routes'', dated February 1, 2011, 
        and labeled ``Attachment C'', which includes an identification 
        of--
                    (A) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus and at 8 locations 
                along the route, with the route, location, and 
                boundaries of the conveyance described on the map inset 
                entitled ``Yakutat to Dry Bay Trade and Migration 
                Route'' on the map entitled ``Traditional and Customary 
                Trade and Migration Routes'', dated February 1, 2011, 
                and labeled ``Attachment C'';
                    (B) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus, with the route, 
                location, and boundaries of the conveyance described on 
                the map inset entitled ``Bay of Pillars to Port Camden 
                Trade and Migration Route'' on the map entitled 
                ``Traditional and Customary Trade and Migration 
                Routes'', dated February 1, 2011, and labeled 
                ``Attachment C''; and
                    (C) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus, with the route, 
                location, and boundaries of the conveyance described on 
                the map inset entitled ``Portage Bay to Duncan Canal 
                Trade and Migration Route'' on the map entitled 
                ``Traditional and Customary Trade and Migration 
                Routes'', dated February 1, 2011, and labeled 
                ``Attachment C''.
    (c) Sites With Sacred, Cultural, Traditional, or Historic 
Significance.--Subject to the criteria and procedures applicable to 
land selected pursuant to section 14(h)(1) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(h)(1)) and set forth in the regulations 
promulgated at section 2653.5 of title 43, Code of Federal Regulations 
(as in effect on the date of enactment of this Act), except as 
otherwise provided in this title--
            (1) Sealaska shall have a right to identify up to 3,600 
        acres of sites with sacred, cultural, traditional, or historic 
        significance, including archeological sites, cultural 
        landscapes, and natural features having cultural significance; 
        and
            (2) on identification of the land by Sealaska under 
        paragraph (1), the identified land shall be--
                    (A) withdrawn, subject to valid existing rights, 
                from all forms of appropriation under public land laws, 
                including the mining and mineral leasing laws, and from 
                selection under the Act of July 7, 1958 (commonly known 
                as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 
                21; Public Law 85-508); and
                    (B) available for selection by and conveyance to 
                Sealaska to complete the remaining land entitlement of 
                Sealaska under section 14(h)(8) of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1613(h)(8)) subject to 
                the conditions that--
                            (i) no sites with sacred, cultural, 
                        traditional, or historic significance may be 
                        selected from within a unit of the National 
                        Park System; and
                            (ii) beginning on the date that is 15 years 
                        after the date of enactment of this Act, 
                        Sealaska shall be limited to identifying not 
                        more than 360 acres of sites with sacred, 
                        cultural, traditional, or historic significance 
                        under this subsection.
    (d) Forest Development Roads.--Sealaska shall receive from the 
United States, subject to all necessary State and Federal permits, 
nonexclusive easements to Sealaska to allow--
            (1) access on the forest development road and use of the 
        log transfer site identified in paragraphs (3)(b), (3)(c) and 
        (3)(d) of the patent numbered 50-85-0112 and dated January 4, 
        1985;
            (2) access on the forest development road identified in 
        paragraphs (2)(a) and (2)(b) of the patent numbered 50-92-0203 
        and dated February 24, 1992;
            (3) access on the forest development road identified in 
        paragraph (2)(a) of the patent numbered 50-94-0046 and dated 
        December 17, 1993;
            (4) access on the forest development roads and use of the 
        log transfer facilities identified on the maps dated February 
        1, 2011, and labeled ``Attachment A (Maps 1 through 8)'';
            (5) a reservation of a right to construct a new road to 
        connect to existing forest development roads as generally 
        identified on the maps identified in paragraph (4); and
            (6) access to and reservation of a right to construct a new 
        log transfer facility and log storage area at the location 
        identified on the maps identified in paragraph (4).

SEC. 305. CONVEYANCES TO SEALASKA.

    (a) Timeline for Conveyance.--
            (1) In general.--Subject to paragraphs (2), (3), and (4), 
        the Secretary shall work with Sealaska to develop a mutually 
        agreeable schedule to complete the conveyance of land to 
        Sealaska under this title.
            (2) Final priorities.--Consistent with the provisions of 
        section 403 of the Alaska Land Transfer Acceleration Act (43 
        U.S.C. 1611 note; Public Law 108-452), not later than 18 months 
        after the date of enactment of this Act, Sealaska shall submit 
        to the Secretary the final, irrevocable priorities for 
        selection of land withdrawn under section 304(b)(1).
            (3) Substantial completion required.--Not later than two 
        years after the date of selection by Sealaska of land withdrawn 
        under section 304(b)(1), the Secretary shall substantially 
        complete the conveyance of the land to Sealaska under this 
        title.
            (4) Effect.--Nothing in this title shall interfere with or 
        cause any delay in the duty of the Secretary to convey land to 
        the State of Alaska under section 6 of the Act of July 7, 1958 
        (commonly known as the ``Alaska Statehood Act'') (48 U.S.C. 
        note prec. 21; Public Law 85-508).
    (b) Expiration of Withdrawals.--On completion of the selection by 
Sealaska and the conveyances to Sealaska of land under subsection (a) 
in a manner that is sufficient to fulfill the land entitlement of 
Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1613(h)(8))--
            (1) the right of Sealaska to receive any land under that 
        Act from within a withdrawal area established under subsections 
        (a) and (d) of section 16 of that Act shall be terminated;
            (2) the withdrawal areas set aside for selection by Native 
        Corporations in southeast Alaska under subsections (a) and (d) 
        of section 16 of that Act shall be rescinded; and
            (3) land located within a withdrawal area that is not 
        conveyed to Sealaska or to a southeast Alaska Village 
        Corporation or Urban Corporation shall be returned to the 
        unencumbered management of the Forest Service as part of the 
        Tongass National Forest.
    (c) Limitation.--Sealaska shall not select or receive under this 
title any conveyance of land pursuant to paragraph (1) or (2) of 
section 304(b) located within any conservation system unit.
    (d) Applicable Easements and Public Access.--
            (1) In general.--In addition to the reservation of public 
        easements under section 304(a)(2)(A), the conveyance to 
        Sealaska of land withdrawn pursuant to paragraphs (1) and (3) 
        of section 304(b) that are located outside a withdrawal area 
        designated under section 16(a) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1615(a)) shall be subject to--
                    (A) a reservation for easements for public access 
                on the public roads depicted on the maps dated February 
                1, 2011, and labeled ``Attachment A (Maps 1 through 
                8)'';
                    (B) a reservation for easements for public access 
                on the temporary roads designated by the Forest Service 
                as of the date of the enactment of this Act for the 
                public access trails depicted on the maps described in 
                subparagraph (A); and
                    (C) the right of noncommercial public access for 
                subsistence uses, consistent with title VIII of the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3111 et seq.), and recreational access, without 
                liability to Sealaska, subject to--
                            (i) the right of Sealaska to regulate 
                        access to ensure public safety, to protect 
                        cultural or scientific resources, and to 
                        provide environmental protection; and
                            (ii) the condition that Sealaska shall post 
                        on any applicable property, in accordance with 
                        State law, notices of the conditions on use.
            (2) Sacred, cultural, traditional and historic sites.--The 
        conveyance to Sealaska of land withdrawn pursuant to section 
        304(c) that is located outside of a withdrawal area designated 
        under section 16(a) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1615(a)) shall be subject to--
                    (A) the right of public access across the 
                conveyances where no reasonable alternative access 
                around the land is available without liability to 
                Sealaska; and
                    (B) the right of Sealaska to regulate access across 
                the conveyances to ensure public safety, to protect 
                cultural or scientific resources, to provide 
                environmental protection, or to prohibit activities 
                incompatible with the use and enjoyment of the land by 
                Sealaska, subject to the condition that Sealaska shall 
                post on any applicable property, in accordance with 
                State law, notices of any such condition.
            (3) Traditional and customary trade and migration routes.--
        The conveyance to Sealaska of land withdrawn pursuant to 
        section 304(b)(3) that is located outside of a withdrawal area 
        designated under section 16(a) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1615(a)) shall be subject to a 
        requirement that Sealaska provide public access across such 
        linear conveyances if an adjacent landowner or the public has a 
        legal right to use the adjacent private or public land.
            (4) Sites with traditional, recreational, and renewable 
        energy use value.--The conveyance to Sealaska of land withdrawn 
        pursuant to section 304(b)(2) that is located outside of a 
        withdrawal area designated under section 16(a) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be 
        subject to--
                    (A) the right of public access across the land 
                without liability to Sealaska; and
                    (B) the condition that public access across the 
                land would not be unreasonably restricted or impaired.
            (5) Effect.--No right of access provided to any individual 
        or entity (other than Sealaska) by this subsection--
                    (A) creates any interest, other than an interest 
                retained by the United States, of such an individual or 
                entity in the land conveyed to Sealaska in excess of 
                that right of access; or
                    (B) provides standing in any review of, or 
                challenge to, any determination by Sealaska with 
                respect to the management or development of the 
                applicable land.
    (e) Conditions on Sacred, Cultural, and Historic Sites and 
Traditional and Customary Trade and Migration Routes.--The conveyance 
to Sealaska of land withdrawn pursuant to sections 304(b)(3) and 
304(c)--
            (1) shall be subject to a covenant prohibiting any 
        commercial timber harvest or mineral development on the land;
            (2) shall allow use of the land as described in subsection 
        (f); and
            (3) shall not be subject to any additional restrictive 
        covenant based on cultural or historic values, or any other 
        restriction, encumbrance, or easement, except as provided in 
        sections 14(g) and 17(b) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1613(g) and 1616(b)).
    (f) Uses of Sacred, Cultural, Traditional, and Historic Sites and 
Traditional and Customary Trade and Migration Routes.--Any land 
conveyed to Sealaska from land withdrawn pursuant to sections 304(b)(3) 
and 304(c) may be used for--
            (1) preservation of cultural knowledge and traditions 
        associated with the site;
            (2) historical, cultural, and scientific research and 
        education;
            (3) public interpretation and education regarding the 
        cultural significance of the site to Alaska Natives;
            (4) protection and management of the site to preserve the 
        natural and cultural features of the site, including cultural 
        traditions, values, songs, stories, names, crests, and clan 
        usage, for the benefit of future generations; and
            (5) site improvement activities for any purpose described 
        in paragraphs (1) through (4), subject to the condition that 
        the activities--
                    (A) are consistent with the sacred, cultural, 
                traditional, or historic nature of the site; and
                    (B) are not inconsistent with the management plans 
                for adjacent public land.
    (g) Termination of Restrictive Covenants.--
            (1) In general.--Each restrictive covenant regarding 
        cultural or historical values with respect to any interim 
        conveyance or patent for a historic or cemetery site issued to 
        Sealaska pursuant to the Federal regulations contained in 
        sections 2653.5(a) and 2653.11 of title 43, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act), in accordance with section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)), terminates as a 
        matter of law on the date of enactment of this Act.
            (2) Remaining conditions.--Land subject to a covenant 
        described in paragraph (1) on the day before the date of 
        enactment of this Act shall be subject to the conditions 
        described in subsection (e).
            (3) Records.--Sealaska shall be responsible for recording 
        with the land title recorders office of the State of Alaska any 
        modification to an existing conveyance of land under section 
        14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(1)) as a result of this title.
    (h) Conditions on Sites With Traditional, Recreational, and 
Renewable Energy Use Value.--Each conveyance of land to Sealaska from 
land withdrawn pursuant to section 304(b)(2) shall be subject to a 
covenant prohibiting any commercial timber harvest or mineral 
development.
    (i) Escrow Funds for Withdrawn Land.--On the withdrawal by this 
title of land identified for selection by Sealaska, the escrow 
requirements of section 2 of Public Law 94-204 (43 U.S.C. 1613 note), 
shall thereafter apply to the withdrawn land.
    (j) Guiding and Outfitting Special Use Permits or Authorizations.--
            (1) In general.--Consistent with the provisions of section 
        14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(g)), except as modified herein, on land conveyed to 
        Sealaska from land withdrawn pursuant to sections 304(b)(1) and 
        304(b)(2), an existing holder of a guiding or outfitting 
        special use permit or authorization issued by the Forest 
        Service shall be entitled to its rights and privileges on the 
        land for the remaining term of the permit, as of the date of 
        conveyance to Sealaska, and for 1 subsequent 10-year renewal of 
        the permit, subject to the condition that the rights shall be 
        considered a valid existing right reserved pursuant to section 
        14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(g)), and shall be managed accordingly.
            (2) Notice of commercial activities.--Sealaska, with 
        respect to the holder of a guiding or outfitting special use 
        permit or authorization under this subsection, and a permit 
        holder referenced in this subsection, with respect to Sealaska, 
        shall have an obligation to inform the other party of their 
        respective commercial activities before engaging in the 
        activities on land, which has been conveyed to Sealaska under 
        this title, subject to the permit or authorization.
            (3) Negotiation of new terms.--Nothing in this subsection 
        precludes Sealaska and a permit holder under this subsection 
        from negotiating new mutually agreeable permit terms that 
        supersede the requirements of--
                    (A) this subsection;
                    (B) section 14(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1613(g)); or
                    (C) any deed covenant.
            (4) Liability.--Sealaska shall bear no liability regarding 
        use and occupancy pursuant to special use permits or 
        authorizations on land selected or conveyed pursuant to this 
        title.

SEC. 306. MISCELLANEOUS.

    (a) Status of Conveyed Land.--Each conveyance of Federal land to 
Sealaska pursuant to this title, and each Federal action carried out to 
achieve the purpose of this title, shall be considered to be conveyed 
or acted on, as applicable, pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.).
    (b) Environmental Mitigation and Incentives.--Notwithstanding 
subsection (e) and (h) of section 305, all land conveyed to Sealaska 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) and this title shall be considered to be qualified to receive or 
participate in, as applicable--
            (1) any federally authorized carbon sequestration program, 
        ecological services program, or environmental mitigation 
        credit; and
            (2) any other federally authorized environmental incentive 
        credit or program.
    (c) No Material Effect on Forest Plan.--
            (1) In general.--Except as required by paragraph (2), 
        implementation of this title, including the conveyance of land 
        to Sealaska, alone or in combination with any other factor, 
        shall not require an amendment of, or revision to, the Tongass 
        National Forest Land and Resources Management Plan before the 
        first revision of that Plan scheduled to occur after the date 
        of enactment of this Act.
            (2) Boundary adjustments.--The Secretary of Agriculture 
        shall implement any land ownership boundary adjustments to the 
        Tongass National Forest Land and Resources Management Plan 
        resulting from the implementation of this title through a 
        technical amendment to that Plan.
    (d) Technical Corrections.--
            (1) Tribal forest protection.--Section 2 of the Tribal 
        Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended by 
        adding at the end a new subsection (h):
    ``(h)(1) Land owned by an Alaska Native Corporation pursuant to the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is 
forest land or formerly had a forest cover or vegetative cover that is 
capable of restoration shall be eligible for agreements and contracts 
authorized under this Act and administered by the Secretary.
    ``(2) Nothing in this subsection validates, invalidates, or 
otherwise affects any claim regarding the existence of Indian country 
(as defined in section 1151 of title 18, United States Code) in the 
State of Alaska.''.
            (2) National historic preservation.--Section 101(d) of the 
        National Historic Preservation Act (16 U.S.C. 470a(d)), is 
        amended by adding at the end a new paragraph (7):
    ``(7)(A) Notwithstanding any other provision of law, an Alaska 
Native tribe, band, nation or other organized group or community, 
including a Native village, Regional Corporation, or Village 
Corporation, shall be eligible to participate in all programs 
administered by the Secretary under this Act on behalf of Indian 
tribes, including, but not limited to, securing grants and other 
support to manage their own historic preservation sites and programs on 
lands held by the Alaska Native tribe, band, nation or other organized 
group or community, including a Native village, Regional Corporation, 
or Village Corporation.
    ``(B) Nothing in this paragraph validates, invalidates, or 
otherwise affects any claim regarding the existence of Indian country 
(as defined in section 1151 of title 18, United States Code) in the 
State of Alaska.''.
    (e) Effect on Entitlement.--Nothing in this title shall have any 
effect upon the entitlement due to any Native Corporation, other than 
Sealaska, under--
            (1) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.); or
            (2) the Alaska National Interest Lands Conservation Act (16 
        U.S.C. 3101 et seq.).

SEC. 307. MAPS.

    (a) Availability.--Each map referred to in this title shall be 
maintained on file in--
            (1) the office of the Chief of the Forest Service; and
            (2) the office of the Secretary.
    (b) Corrections.--The Secretary or the Chief of the Forest Service 
may make any necessary correction to a clerical or typographical error 
in a map referred to in this title.
    (c) Treatment.--No map referred to in this title shall be 
considered to be an attempt by the Federal Government to convey any 
State or private land.

   TITLE IV--SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY 
                             EXPANSION ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``San Antonio Missions National 
Historical Park Boundary Expansion Act''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) the San Antonio Missions National Historical Park is 
        important to understanding the history and development of the 
        City of San Antonio, Bexar County, the State of Texas, and the 
        United States;
            (2) understanding the connection between the San Antonio 
        River and the San Antonio Missions is critical to understanding 
        mission life in colonial Texas; and
            (3) the San Antonio Missions National Historical Park 
        enjoys the strong support of the City of San Antonio, Bexar 
        County, and their citizens and businesses.

SEC. 403. BOUNDARY EXPANSION.

    Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is 
amended--
            (1) by striking ``In order'' and inserting ``(1) In 
        order'';
            (2) by striking ``The park shall also'' and inserting ``(2) 
        The park shall also'';
            (3) by striking ``After advising the'' and inserting ``(5) 
        After advising the'';
            (4) by inserting after paragraph (2) (as so designated by 
        paragraph (2) above) the following:
            ``(3) The boundary of the park is further modified to 
        include approximately 137 acres, as depicted on the map titled 
        `San Antonio Missions National Historical Park Proposed 
        Boundary Addition', numbered 472/113,006A, and dated June 2012. 
        The map shall be on file and available for inspection in the 
        appropriate offices of the National Park Service, U.S. 
        Department of the Interior.
            ``(4) The Secretary may not acquire by condemnation any 
        land or interest in land within the boundaries of the park. The 
        Secretary is authorized to acquire land and interests in land 
        that are within the boundaries of the park pursuant to 
        paragraph (3) by donation or exchange only (and in the case of 
        an exchange, no payment may be made by the Secretary to any 
        landowner). No private property or non-Federal public property 
        shall be included within the boundaries of the park without the 
        written consent of the owner of such property. Nothing in this 
        Act, the establishment of park, or the management plan of the 
        park shall be construed to create buffer zones outside of the 
        park. That an activity or use can be seen or heard from within 
        the park shall not preclude the conduct of that activity or use 
        outside the park.''.

   TITLE V--WACO MAMMOTH NATIONAL MONUMENT ESTABLISHMENT ACT OF 2012

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Waco Mammoth National Monument 
Establishment Act of 2012''.

SEC. 502. FINDINGS.

    Congress finds that--
            (1) the Waco Mammoth Site area is located near the 
        confluence of the Brazos River and the Bosque River in central 
        Texas, near the city of Waco;
            (2) after the discovery of bones emerging from eroding 
        creek banks leading to the uncovering of portions of 5 
        mammoths, Baylor University began investigating the site in 
        1978;
            (3) several additional mammoth remains have been uncovered 
        making the site the largest known concentration of mammoths 
        dying from the same event;
            (4) the mammoth discoveries have received international 
        attention; and
            (5) Baylor University and the city of Waco, Texas, have 
        been working together--
                    (A) to protect the site; and
                    (B) to develop further research and educational 
                opportunities at the site.

SEC. 503. DEFINITIONS.

    In this title:
            (1) City.--The term ``City'' means the city of Waco, Texas.
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the Monument prepared under section 
        505(c)(1).
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Boundary Waco-Mammoth National Monument'', numbered 
        T21/80,000, and dated April 2009.
            (4) Monument.--The term ``Monument'' means the Waco Mammoth 
        National Monument established by section 504(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Texas.
            (7) University.--The term ``University'' means Baylor 
        University in the State.

SEC. 504. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.

    (a) Establishment.--There is established in the State, as a unit of 
the National Park System, the Waco Mammoth National Monument, as 
generally depicted on the map.
    (b) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.

SEC. 505. ADMINISTRATION OF MONUMENT.

    (a) In General.--The Secretary shall administer the Monument in 
accordance with--
            (1) this title; and
            (2) any cooperative agreements entered into under 
        subsection (b)(1).
    (b) Authorities of Secretary.--
            (1) Cooperative agreements.--The Secretary may enter into 
        cooperative management agreements with the University and the 
        City, in accordance with section 3(l) of Public Law 91-383 (16 
        U.S.C. 1a-2(l)).
            (2) Acquisition of land.--The Secretary may acquire by 
        donation only from the City any land or interest in land owned 
        by the City within the proposed boundary of the Monument.
    (c) General Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        University and the City, shall complete a general management 
        plan for the Monument.
            (2) Inclusions.--The management plan shall include, at a 
        minimum--
                    (A) measures for the preservation of the resources 
                of the Monument;
                    (B) requirements for the type and extent of 
                development and use of the Monument;
                    (C) identification of the capacity of the Monument 
                for accommodating visitors; and
                    (D) opportunities for involvement by the 
                University, City, State, and other local and national 
                entities in--
                            (i) developing educational programs for the 
                        Monument; and
                            (ii) developing and supporting the 
                        Monument.
    (d) Prohibition of Use of Federal Funds.--No Federal funds may be 
used to pay the costs of--
            (1) carrying out a cooperative agreement under subsection 
        (b)(1);
            (2) acquiring land for inclusion in the Monument under 
        subsection (b)(2);
            (3) developing a visitor center for the Monument;
            (4) operating or maintaining the Monument;
            (5) constructing exhibits for the Monument; or
            (6) developing the general management plan under subsection 
        (c).
    (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay 
any costs that may be incurred by the Secretary or the National Park 
Service in carrying out this section.
    (f) Effect on Eligibility for Financial Assistance.--Nothing in 
this title affects the eligibility of the Monument for Federal grants 
or other forms of financial assistance that the Monument would have 
been eligible to apply for had National Park System status not been 
conferred to the Monument under this title.
    (g) Termination of National Park System Status.--
            (1) In general.--Designation of the Monument as a unit of 
        the National Park System shall terminate if the Secretary 
        determines that Federal funds are required to operate and 
        maintain the Monument.
            (2) Reversion.--If the designation of the Monument as a 
        unit of the National Park System is terminated under paragraph 
        (1), any land acquired by the Secretary from the City under 
        subsection (b)(2) shall revert to the City.
    (h) Private Property Protection.--No private property may be made 
part of the Monument without the written consent of the owner of that 
private property.

SEC. 506. NO BUFFER ZONES.

    Nothing in this title, the establishment of national monument, or 
the management plan shall be construed create buffer zones outside of 
the national monument. That an activity or use can be seen or heard 
from within the Monument shall not preclude the conduct of that 
activity or use outside the Monument.

             TITLE VI--NORTH CASCADES NATIONAL PARK ACCESS

SEC. 601. FINDINGS.

    Congress finds as follows:
            (1) In 1988, 93 percent of the North Cascades National Park 
        Complex was designated the Stephen Mather Wilderness.
            (2) A road corridor was deliberately excluded from the 
        wilderness designation to provide for the continued use and 
        maintenance of the upper Stehekin Valley Road.
            (3) The upper Stehekin Valley Road provides access to 
        Stephen Mather Wilderness trailheads and North Cascades 
        National Park from the Lake Chelan National Recreation Area.
            (4) Record flooding in 1995 and again in 2003 caused severe 
        damage to the upper Stehekin Valley Road and led to the closure 
        of a 9.9-mile section of the road between Car Wash Falls and 
        Cottonwood Camp.
            (5) The National Park Service currently does not have the 
        flexibility to rebuild the upper Stehekin Valley Road away from 
        the Stehekin River due to the current location of the non-
        wilderness road corridor provided by Congress in 1988.
            (6) It is a high priority that the people of the United 
        States, including families, the disabled, and the elderly, have 
        reasonable access to the National Parks system and their public 
        lands.
            (7) The 1995 Lake Chelan National Recreation Area General 
        Management Plan calls for retaining vehicle access to 
        Cottonwood Camp.
            (8) Tourism associated with the North Cascades National 
        Park Complex is an important part of the economy for rural 
        communities in the area.
            (9) Additional management flexibility would allow the 
        National Park Service to consider retention of the upper 
        Stehekin Valley Road in a manner that provides for no net loss 
        of wilderness.

SEC. 602. AUTHORIZATION FOR BOUNDARY ADJUSTMENTS.

    The Washington Park Wilderness Act of 1988 (Public Law 100-668) is 
amended by inserting after section 206 the following:

``SEC. 207. BOUNDARY ADJUSTMENTS FOR ROAD.

    ``(a) In General.--The Secretary may adjust the boundaries of the 
North Cascades National Park and the Stephen Mather Wilderness in order 
to provide a corridor of not more than 100 feet in width along which 
the Stehekin Valley Road may be rebuilt--
            ``(1) outside of the floodplain between milepost 12.9 and 
        milepost 22.8;
            ``(2) within one mile of the route, on the date of the 
        enactment of this section, of the Stehekin Valley Road;
            ``(3) within the boundaries of the North Cascades National 
        Park; and
            ``(4) outside of the boundaries of the Stephen Mather 
        Wilderness.
    ``(b) No Net Loss of Lands.--
            ``(1) In general.--The boundary adjustments made under this 
        section shall be such that equal amounts of federally owned 
        acreage are exchanged between the Stephen Mather Wilderness and 
        the North Cascades National Park, resulting in no net loss of 
        acreage to either the Stephen Mather Wilderness or the North 
        Cascades National Park.
            ``(2) Stehekin valley road lands.--The newly designated 
        wilderness shall include the lands along the route of the 
        Stehekin Valley Road that are replaced by the reconstruction.
            ``(3) Equalization of land.--If the lands described in 
        paragraph (2) contain fewer acres than the corridor described 
        in subsection (a), the Secretary may designate additional 
        Federal lands in the North Cascades National Park as 
        wilderness, but such designation may not exceed the amount 
        needed to equalize the exchange and these additional lands must 
        be selected from lands that qualify as wilderness under section 
        2(c) of the Wilderness Act (16 U.S.C. 1131(c)).
    ``(c) No Sale or Acquisition Authorized.--Nothing in this title 
authorizes the sale or acquisition of any land or interest in land.
    ``(d) No Priority Required.--Nothing in this title shall be 
construed as requiring the Secretary to give this project precedence 
over the construction or repair of other similarly damaged roads in 
units of the National Park System.''.

  TITLE VII--ENDANGERED SALMON AND FISHERIES PREDATION PREVENTION ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Endangered Salmon and Fisheries 
Predation Prevention Act''.

SEC. 702. FINDINGS.

    The Congress finds the following:
            (1) There are 13 groups of salmon and steelhead that are 
        listed as threatened species or endangered species under the 
        Endangered Species Act of 1973 that migrate through the lower 
        Columbia River.
            (2) The people of the Northwest United States are united in 
        their desire to restore healthy salmon and steelhead runs, as 
        they are integral to the region's culture and economy.
            (3) The Columbia River treaty tribes retain important 
        rights with respect to salmon and steelhead.
            (4) Federal, State, and tribal governments have spent 
        billions of dollars to assist the recovery of Columbia River 
        salmon and steelhead populations.
            (5) One of the factors impacting salmonid populations is 
        increased predation by marine mammals, including California sea 
        lions.
            (6) The population of California sea lions has increased 6-
        fold over the last 3 decades, and is currently greater than 
        250,000 animals.
            (7) In recent years, more than 1,000 California sea lions 
        have been foraging in the lower 145 miles of the Columbia River 
        up to Bonneville Dam during the peak spring salmonid run before 
        returning to the California coast to mate.
            (8) The percentage of the spring salmonid run that has been 
        eaten or killed by California sea lions at Bonneville Dam has 
        increased 7-fold since 2002.
            (9) In recent years, California sea lions have with greater 
        frequency congregated near Bonneville Dam and have entered the 
        fish ladders.
            (10) These California sea lions have not been responsive to 
        extensive hazing methods employed near Bonneville Dam to 
        discourage this behavior.
            (11) The process established under the 1994 amendment to 
        the Marine Mammal Protection Act of 1972 to address aggressive 
        sea lion behavior is protracted and will not work in a timely 
        enough manner to protect threatened and endangered salmonids in 
        the near term.
            (12) In the interest of protecting Columbia River 
        threatened and endangered salmonids, a temporary expedited 
        procedure is urgently needed to allow removal of the minimum 
        number of California sea lions as is necessary to protect the 
        passage of threatened and endangered salmonids in the Columbia 
        River and its tributaries.
            (13) On December 21, 2010, the independent Pinniped-Fishery 
        Interaction Task Force recommended lethally removing more of 
        the California sea lions in 2011.
            (14) On August 18, 2011, the States of Washington, Oregon, 
        and Idaho applied to the National Marine Fisheries Service, 
        under section 120(b)(1)(A) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of 
        sea lions that the States determined are having a ``significant 
        negative impact'' on the recovery of Columbia River and Snake 
        River salmon and steelhead.
            (15) On September 12, 2011, the National Marine Fisheries 
        Service announced it was accepting the States' application for 
        lethal removal of sea lions and that it would reconvene the 
        Pinniped-Fishery Interaction Task Force to consider the States' 
        application. This title will ensure the necessary authority for 
        permits under the Marine Mammal Protection Act of 1972 to be 
        issued in a timely fashion.
            (16) During a June 14, 2011, hearing, the Committee on 
        Natural Resources of the House of Representatives received 
        testimony from State and tribal witnesses expressing concern 
        that significant pinniped predation of important Northwest fish 
        resources other than salmonids is severely impacting fish 
        stocks determined by both Federal and State fishery management 
        agencies to be at low levels of abundance, and that this cannot 
        be addressed by section 120 of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1389), which as in effect before the 
        enactment of this Act restricted control of predatory 
        pinnipeds' impact only with respect to endangered salmonids.

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.

    Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1389) is amended by striking subsection (f) and inserting the 
following:
    ``(f) Temporary Marine Mammal Removal Authority on the Waters of 
the Columbia River or Its Tributaries.--
            ``(1) Removal authority.--Notwithstanding any other 
        provision of this Act, the Secretary may issue a permit to an 
        eligible entity authorizing the intentional lethal taking on 
        the waters of the Columbia River and its tributaries of sea 
        lions that are part of a healthy population that is not listed 
        as an endangered species or threatened species under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), to 
        protect endangered and threatened species of salmon and other 
        nonlisted fish species.
            ``(2) Permit process.--
                    ``(A) In general.--An eligible entity may apply to 
                the Secretary for a permit under this subsection.
                    ``(B) Deadline for consideration of application.--
                The Secretary shall approve or deny an application for 
                a permit under this subsection by not later than 30 
                days after receiving the application.
                    ``(C) Duration of permit.--A permit under this 
                subsection shall be effective for no more than one year 
                after the date it is issued, but may be renewed by the 
                Secretary.
            ``(3) Limitations.--
                    ``(A) Limitation on permit authority.--Subject to 
                subparagraph (B), a permit issued under this subsection 
                shall not authorize the lethal taking of more than 10 
                sea lions during the duration of the permit.
                    ``(B) Limitation on annual takings.--The cumulative 
                number of sea lions authorized to be taken each year 
                under all permits in effect under this subsection shall 
                not exceed one percent of the annual potential 
                biological removal level.
            ``(4) Delegation of permit authority.--Any eligible entity 
        may delegate to any other eligible entity the authority to 
        administer its permit authority under this subsection.
            ``(5) NEPA.--Section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
        not apply with respect to this subsection and the issuance of 
        any permit under this subsection during the 5-year period 
        beginning on the date of the enactment of this subsection.
            ``(6) Suspension of permitting authority.--If, 5 years 
        after enactment, the Secretary, after consulting with State and 
        tribal fishery managers, determines that lethal removal 
        authority is no longer necessary to protect salmonid and other 
        fish species from sea lion predation, may suspend the issuance 
        of permits under this subsection.
            ``(7) Eligible entity defined.--In this subsection, the 
        term `eligible entity' means each of the State of Washington, 
        the State of Oregon, the State of Idaho, the Nez Perce Tribe, 
        the Confederated Tribes of the Umatilla Indian Reservation, the 
        Confederated Tribes of the Warm Springs Reservation of Oregon, 
        the Confederated Tribes and Bands of the Yakama Nation, and the 
        Columbia River Inter-Tribal Fish Commission.''.

SEC. 704. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) preventing predation by sea lions, recovery of listed 
        salmonid stocks, and preventing future listings of fish stocks 
        in the Columbia River is a vital priority;
            (2) permit holders exercising lethal removal authority 
        pursuant to the amendment made by this title should be trained 
        in wildlife management; and
            (3) the Federal Government should continue to fund lethal 
        and nonlethal removal measures for preventing such predation.

SEC. 705. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

    Nothing in this title or the amendment made by this title shall be 
construed to affect or modify any treaty or other right of any 
federally recognized Indian tribe.

 TITLE VIII--REAUTHORIZATION OF HERGER-FEINSTEIN QUINCY LIBRARY GROUP 
                          FOREST RECOVERY ACT

SEC. 801. REAUTHORIZATION OF HERGER-FEINSTEIN QUINCY LIBRARY GROUP 
              FOREST RECOVERY ACT.

    (a) Extension.--Subsection (g) of the Herger-Feinstein Quincy 
Library Group Forest Recovery Act (title IV of the Department of the 
Interior and Related Agencies Appropriations Act, 1999, as contained in 
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 
note) is amended to read as follows:
    ``(g) Term of Pilot Project.--
            ``(1) In general.--The Secretary shall conduct the pilot 
        project until the earlier of the following:
                    ``(A) September 30, 2019.
                    ``(B) The date on which the Secretary completes 
                amendment or revision of the land and resource 
                management plans for the National Forest System lands 
                included in the pilot project area.
            ``(2) Forest plan amendments.--When the Regional Forester 
        for Region 5 initiates the process to amend or revise the land 
        and resource management plans for the pilot project area, the 
        process shall include preparation of at least one alternative 
        that incorporates the pilot project and area designations under 
        subsection (b), the resource management activities described in 
        subsection (d), and other aspects of the Quincy Library Group 
        Community Stability Proposal.''.
    (b) Expansion of Pilot Project Area.--Subsection (b) of the Herger-
Feinstein Quincy Library Group Forest Recovery Act is amended by adding 
at the end the following new paragraph:
            ``(3) Expansion of pilot project area.--The Secretary may 
        expand the pilot project area to include all National Forest 
        System lands within California or Nevada that lie within the 
        Sierra Nevada and Cascade Province, Lake Tahoe Basin Management 
        Unit, Humboldt-Toiyabe National Forest, and Inyo National 
        Forest. These lands may be managed using the same strategy, 
        guidelines and resource management activities outlined in this 
        section or developed to meet local forest and community needs 
        and conditions.''.
    (c) Roadless Area Protection.--Subsection (c)(4) of the Herger-
Feinstein Quincy Library Group Forest Recovery Act is amended by adding 
at the end the following new sentence: ``However, those areas 
designated as `Deferred' on the map, but located in Tehama County, 
south and west of Lassen Peak, are deemed to be designated as 
`Available for Group Selection' and shall be managed accordingly under 
subsection (d).''.
    (d) Group Selection Requirement.--Subparagraph (A) of subsection 
(d)(2) of the Herger-Feinstein Quincy Library Group Forest Recovery Act 
is amended to read as follows:
                    ``(A) Group selection.--After September 30, 2012, 
                group selection on an average acreage of .57 percent of 
                the pilot project area land shall occur each year of 
                the pilot project.''.
    (e) Funding.--Subsection (f) of the Herger-Feinstein Quincy Library 
Group Forest Recovery Act is amended by striking paragraph (6) and 
redesignating paragraph (7) as paragraph (6).

  TITLE IX--YERINGTON LAND CONVEYANCE AND SUSTAINABLE DEVELOPMENT ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Yerington Land Conveyance and 
Sustainable Development Act''.

SEC. 902. FINDINGS.

    Congress finds that--
            (1) the city of Yerington, Nevada, which has an 
        unemployment rate of 16 percent, has the highest unemployment 
        rate in the State of Nevada;
            (2) for over 4 years, the city of Yerington and Lyon 
        County, Nevada, have been working with private business 
        partners to develop a sustainable development plan that would 
        enable all parties to benefit from the use of private land 
        adjacent to the city of Yerington for potential commercial and 
        industrial development, mining activities, recreation 
        opportunities, and the expansion of community and cultural 
        events;
            (3) the sustainable development plan referred to in 
        paragraph (2) requires the conveyance of certain Federal land 
        administered by the Bureau of Land Management to the City for 
        consideration in an amount equal to the fair market value of 
        the Federal land;
            (4) the Federal land to be conveyed to the City under the 
        sustainable development plan has very few environmental, 
        historical, wildlife, or cultural resources of value to the 
        public, but is appropriate for responsible development;
            (5) the Federal land that would be conveyed to the City 
        under the sustainable development plan--
                    (A) is adjacent to the boundaries of the City; and
                    (B) would be used--
                            (i) to enhance recreational, cultural, 
                        commercial, and industrial development 
                        opportunities in the City;
                            (ii) for future economic development, 
                        regional use, and as an open space buffer to 
                        the City; and
                            (iii) to allow the City to provide critical 
                        infrastructure services;
            (6) commercial and industrial development of the Federal 
        land would enable the community to benefit from the 
        transportation, power, and water infrastructure that would be 
        put in place with the concurrent development of commercial and 
        industrial operations;
            (7) the conveyance of the Federal land would--
                    (A) help the City and County to grow; and
                    (B) provide additional tax revenue to the City and 
                County;
            (8) industrial and commercial development of the Federal 
        land would create thousands of long-term, high-paying jobs for 
        the City and County; and
            (9) the Lyon County Commission and the City unanimously 
        approved resolutions in support of the conveyance of the 
        Federal land because the conveyance would facilitate a 
        sustainable model for long-term economic and industrial 
        development.

SEC. 903. DEFINITIONS.

    In this title:
            (1) City.--The term ``City'' means the city of Yerington, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the land 
        located in Lyon County and Mineral County, Nevada, that is 
        identified on the map as ``City of Yerington Sustainable 
        Development Conveyance Lands''.
            (3) Map.--The term ``map'' means the map entitled 
        ``Yerington Land Conveyance and Sustainable Development Act'' 
        and dated May 31, 2012.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

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

    (a) In General.--Not later than 90 days after the date of enactment 
of this title, subject to valid existing rights, and notwithstanding 
the land use planning requirements of sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
the Secretary shall convey to the City, subject to the City's agreement 
and in exchange for consideration in an amount equal to the fair market 
value of the Federal land, all right, title, and interest of the United 
States in and to the Federal land identified on the map.
    (b) Appraisal To Determine of Fair Market Value.--The Secretary 
shall determine the fair market value of the Federal land to be 
conveyed--
            (1) in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.); and
            (2) based on an appraisal that is conducted in accordance 
        with nationally recognized appraisal standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisition; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (d) Applicable Law.--Beginning on the date on which the Federal 
land is conveyed to the City, the development of and conduct of 
activities on the Federal land shall be subject to all applicable 
Federal laws (including regulations).
    (e) Administrative Costs.--The City shall be responsible for all 
survey, appraisal, and other administrative costs associated with the 
conveyance of the Federal land to the City under this title.

SEC. 905. RELEASE OF THE UNITED STATES.

    Upon making the conveyance under section 904, notwithstanding any 
other provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
on the Federal Land in existence on or before the date of the 
conveyance.

     TITLE X--PRESERVING ACCESS TO CAPE HATTERAS NATIONAL SEASHORE 
                         RECREATIONAL AREA ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Preserving Access to Cape Hatteras 
National Seashore Recreational Area Act''.

SEC. 1002. REINSTATEMENT OF INTERIM MANAGEMENT STRATEGY.

    (a) Management.--After the date of the enactment of this title, 
Cape Hatteras National Seashore Recreational Area shall be managed in 
accordance with the Interim Protected Species Management Strategy/
Environmental Assessment issued by the National Park Service on June 
13, 2007, for the Cape Hatteras National Seashore Recreational Area, 
North Carolina, unless the Secretary of the Interior (hereafter in this 
title referred to as the ``Secretary'') issues a new final rule that 
meets the requirements set forth in section 1003.
    (b) Restrictions.--The Secretary shall not impose any additional 
restrictions on pedestrian or motorized vehicular access to any portion 
of Cape Hatteras National Seashore Recreational Area for species 
protection beyond those in the Interim Management Strategy, other than 
as specifically authorized pursuant to section 1003 of this title.

SEC. 1003. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE HATTERAS NATIONAL 
              SEASHORE RECREATIONAL AREA FOR SPECIES PROTECTION.

    (a) In General.--If, based on peer-reviewed science and after 
public comment, the Secretary determines that additional restrictions 
on access to a portion of the Cape Hatteras National Seashore 
Recreational Area are necessary to protect species listed as endangered 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
Secretary may only restrict, by limitation, closure, buffer, or 
otherwise, pedestrian and motorized vehicular access for recreational 
activities for the shortest possible time and on the smallest possible 
portions of the Cape Hatteras National Seashore Recreational Area.
    (b) Limitation on Restrictions.--Restrictions imposed under this 
section for protection of species listed as endangered under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be 
greater than the restrictions in effect for that species at any other 
National Seashore.
    (c) Corridors Around Closures.--To the maximum extent possible, the 
Secretary shall designate pedestrian and vehicular corridors of minimal 
distance on the beach or interdunal area around closures implemented 
under this section to allow access to areas not closed.

SEC. 1004. INAPPLICABILITY OF FINAL RULE AND CONSENT DEGREE.

    (a) Final Rule.--The final rule titled ``Special Regulations, Areas 
of the National Park System, Cape Hatteras National Seashore--Off-Road 
Vehicle Management'' (77 Fed. Reg. 3123-3144) shall have no force or 
effect after the date of the enactment of this title.
    (b) Consent Decree.--The April 30, 2008, consent decree filed in 
the United States District Court for the Eastern District of North 
Carolina regarding off-road vehicle use at Cape Hatteras National 
Seashore in North Carolina shall not apply after the date of the 
enactment of this title.

               TITLE XI--GRAZING IMPROVEMENT ACT OF 2012

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Grazing Improvement Act of 2012''.

SEC. 1102. TERMS OF GRAZING PERMITS AND LEASES.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752) is amended--
            (1) by striking ``ten years'' each place it appears and 
        inserting ``20 years''; and
            (2) in subsection (b)--
                    (A) by striking ``or'' at the end of each of 
                paragraphs (1) and (2);
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) the initial environmental analysis under National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        regarding a grazing allotment, permit, or lease has not been 
        completed.''.

SEC. 1103. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    Title IV of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751 et seq.) is amended by adding at the end the following:

``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    ``(a) Definitions.--In this section:
            ``(1) Current grazing management.--The term `current 
        grazing management' means grazing in accordance with the terms 
        and conditions of an existing permit or lease and includes any 
        modifications that are consistent with an applicable Department 
        of Interior resource management plan or Department of 
        Agriculture land use plan.
            ``(2) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Department of the 
                Interior.
    ``(b) Renewal, Transfer, Reissuance, and Pending Processing.--A 
grazing permit or lease issued by the Secretary of the Interior, or a 
grazing permit issued by the Secretary of Agriculture regarding 
National Forest System land, that expires, is transferred, or is waived 
shall be renewed or reissued under, as appropriate--
            ``(1) section 402;
            ``(2) section 19 of the Act of April 24, 1950 (commonly 
        known as the `Granger-Thye Act'; 16 U.S.C. 580l);
            ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
        U.S.C. 1010 et seq.); or
            ``(4) section 510 the California Desert Protection Act of 
        1994 (16 U.S.C. 410aaa-50).
    ``(c) Terms; Conditions.--The terms and conditions (except the 
termination date) contained in an expired, transferred, or waived 
permit or lease described in subsection (b) shall continue in effect 
under a renewed or reissued permit or lease until the date on which the 
Secretary concerned completes the processing of the renewed or reissued 
permit or lease that is the subject of the expired, transferred, or 
waived permit or lease, in compliance with each applicable law.
    ``(d) Cancellation; Suspension; Modification.--Notwithstanding 
subsection (c), a permit or lease described in subsection (b) may be 
cancelled, suspended, or modified in accordance with applicable law.
    ``(e) Renewal Transfer Reissuance After Processing.--When the 
Secretary concerned has completed the processing of the renewed or 
reissued permit or lease that is the subject of the expired, 
transferred, or waived permit or lease, the Secretary concerned may 
renew or reissue the permit or lease for a term of 20 years after 
completion of processing.
    ``(f) Compliance With National Environmental Policy Act of 1969.--
The renewal, reissuance, or transfer of a grazing permit or lease by 
the Secretary concerned may, at their sole discretion, be categorically 
excluded from the requirement to prepare an environmental assessment or 
an environmental impact statement if--
            ``(1) the decision to renew, reissue, or transfer continues 
        the current grazing management of the allotment;
            ``(2) monitoring of the allotment has indicated that the 
        current grazing management has met, or has satisfactorily 
        progressed towards meeting, objectives contained in the land 
        use and resource management plan of the allotment, as 
        determined by the Secretary concerned; or
            ``(3) the decision is consistent with the policy of the 
        Department of the Interior or the Department of Agriculture, as 
        appropriate, regarding extraordinary circumstances.
    ``(g) Priority and Timing for Completing Environmental Analyses.--
The Secretary concerned, in the sole discretion of the Secretary 
concerned, shall determine the priority and timing for completing each 
required environmental analysis regarding any grazing allotment, 
permit, or lease based on the environmental significance of the 
allotment, permit, or lease and available funding for that purpose.
    ``(h) NEPA Exemptions.--The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
            ``(1) Crossing and trailing authorizations of domestic 
        livestock.
            ``(2) Transfer of grazing preference.''.

    TITLE XII--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Target Practice and Marksmanship 
Training Support Act''.

SEC. 1202. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the use of firearms and archery equipment for target 
        practice and marksmanship training activities on Federal land 
        is allowed, except to the extent specific portions of that land 
        have been closed to those activities;
            (2) in recent years preceding the date of enactment of this 
        title, portions of Federal land have been closed to target 
        practice and marksmanship training for many reasons;
            (3) the availability of public target ranges on non-Federal 
        land has been declining for a variety of reasons, including 
        continued population growth and development near former ranges;
            (4) providing opportunities for target practice and 
        marksmanship training at public target ranges on Federal and 
        non-Federal land can help--
                    (A) to promote enjoyment of shooting, recreational, 
                and hunting activities; and
                    (B) to ensure safe and convenient locations for 
                those activities;
            (5) Federal law in effect on the date of enactment of this 
        title, including the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), provides Federal support for 
        construction and expansion of public target ranges by making 
        available to States amounts that may be used for construction, 
        operation, and maintenance of public target ranges; and
            (6) it is in the public interest to provide increased 
        Federal support to facilitate the construction or expansion of 
        public target ranges.
    (b) Purpose.--The purpose of this title is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.

SEC. 1203. DEFINITION OF PUBLIC TARGET RANGE.

    In this title, the term ``public target range'' means a specific 
location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.

SEC. 1204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
    (b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended--
            (1) by striking ``(b) Each State'' and inserting the 
        following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
            (2) in paragraph (1) (as so designated), by striking 
        ``construction, operation,'' and inserting ``operation'';
            (3) in the second sentence, by striking ``The non-Federal 
        share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
            (4) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(4) Regulations.--The Secretary''; and
            (5) by inserting after paragraph (1) (as designated by 
        paragraph (1) of this subsection) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the funds 
        apportioned to it under section 669c(c) of this title to 
        acquire land for, expand, or construct a public target 
        range.''.
    (c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h-1) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
            (3) in subsection (c)(1)--
                    (A) by striking ``Amounts made'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.

SEC. 1205. LIMITS ON LIABILITY.

    (a) Discretionary Function.--For purposes of chapter 171 of title 
28, United States Code (commonly referred to as the ``Federal Tort 
Claims Act''), any action by an agent or employee of the United States 
to manage or allow the use of Federal land for purposes of target 
practice or marksmanship training by a member of the public shall be 
considered to be the exercise or performance of a discretionary 
function.
    (b) Civil Action or Claims.--Except to the extent provided in 
chapter 171 of title 28, United States Code, the United States shall 
not be subject to any civil action or claim for money damages for any 
injury to or loss of property, personal injury, or death caused by an 
activity occurring at a public target range that is--
            (1) funded in whole or in part by the Federal Government 
        pursuant to the Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669 et seq.); or
            (2) located on Federal land.

SEC. 1206. SENSE OF CONGRESS REGARDING COOPERATION.

    It is the sense of Congress that, consistent with applicable laws 
and regulations, the Chief of the Forest Service and the Director of 
the Bureau of Land Management should cooperate with State and local 
authorities and other entities to carry out waste removal and other 
activities on any Federal land used as a public target range to 
encourage continued use of that land for target practice or 
marksmanship training.

   TITLE XIII--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT OF 2012

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Accountability and 
Recovery Act of 2012''.

SEC. 1302. CHESAPEAKE BAY CROSSCUT BUDGET.

    (a) Crosscut Budget.--The Director, in consultation with the 
Chesapeake Executive Council, the chief executive of each Chesapeake 
Bay State, and the Chesapeake Bay Commission, shall submit to Congress 
a financial report containing--
            (1) an interagency crosscut budget that displays--
                    (A) the proposed funding for any Federal 
                restoration activity to be carried out in the 
                succeeding fiscal year, including any planned 
                interagency or intra-agency transfer, for each of the 
                Federal agencies that carry out restoration activities;
                    (B) to the extent that information is available, 
                the estimated funding for any State restoration 
                activity to be carried out in the succeeding fiscal 
                year;
                    (C) all expenditures for Federal restoration 
                activities from the preceding 2 fiscal years, the 
                current fiscal year, and the succeeding fiscal year; 
                and
                    (D) all expenditures, to the extent that 
                information is available, for State restoration 
                activities during the equivalent time period described 
                in subparagraph (C);
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies for restoration activities 
        during the current and preceding fiscal years, including the 
        identification of funds which were transferred to a Chesapeake 
        Bay State for restoration activities;
            (3) to the extent that information is available, a detailed 
        accounting from each State of all funds received and obligated 
        from a Federal agency for restoration activities during the 
        current and preceding fiscal years; and
            (4) a description of each of the proposed Federal and State 
        restoration activities to be carried out in the succeeding 
        fiscal year (corresponding to those activities listed in 
        subparagraphs (A) and (B) of paragraph (1)), including the--
                    (A) project description;
                    (B) current status of the project;
                    (C) Federal or State statutory or regulatory 
                authority, programs, or responsible agencies;
                    (D) authorization level for appropriations;
                    (E) project timeline, including benchmarks;
                    (F) references to project documents;
                    (G) descriptions of risks and uncertainties of 
                project implementation;
                    (H) adaptive management actions or framework;
                    (I) coordinating entities;
                    (J) funding history;
                    (K) cost-sharing; and
                    (L) alignment with existing Chesapeake Bay 
                Agreement and Chesapeake Executive Council goals and 
                priorities.
    (b) Minimum Funding Levels.--The Director shall only describe 
restoration activities in the report required under subsection (a) 
that--
            (1) for Federal restoration activities, have funding 
        amounts greater than or equal to $100,000; and
            (2) for State restoration activities, have funding amounts 
        greater than or equal to $50,000.
    (c) Deadline.--The Director shall submit to Congress the report 
required by subsection (a) not later than 30 days after the submission 
by the President of the President's annual budget to Congress.
    (d) Report.--Copies of the financial report required by subsection 
(a) shall be submitted to the Committees on Appropriations, Natural 
Resources, Energy and Commerce, and Transportation and Infrastructure 
of the House of Representatives and the Committees on Appropriations, 
Environment and Public Works, and Commerce, Science, and Transportation 
of the Senate.
    (e) Effective Date.--This section shall apply beginning with the 
first fiscal year after the date of enactment of this title for which 
the President submits a budget to Congress.

SEC. 1303. ADAPTIVE MANAGEMENT PLAN.

    (a) In General.--Not later than 1 year after the date of enactment 
of this title, the Administrator, in consultation with other Federal 
and State agencies, shall develop an adaptive management plan for 
restoration activities in the Chesapeake Bay watershed that includes--
            (1) definition of specific and measurable objectives to 
        improve water quality, habitat, and fisheries;
            (2) a process for stakeholder participation;
            (3) monitoring, modeling, experimentation, and other 
        research and evaluation practices;
            (4) a process for modification of restoration activities 
        that have not attained or will not attain the specific and 
        measurable objectives set forth under paragraph (1); and
            (5) a process for prioritizing restoration activities and 
        programs to which adaptive management shall be applied.
    (b) Implementation.--The Administrator shall implement the adaptive 
management plan developed under subsection (a).
    (c) Updates.--The Administrator shall update the adaptive 
management plan developed under subsection (a) every 2 years.
    (d) Report to Congress.--
            (1) In general.--Not later than 60 days after the end of a 
        fiscal year, the Administrator shall transmit to Congress an 
        annual report on the implementation of the adaptive management 
        plan required under this section for such fiscal year.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information about the application of adaptive 
        management to restoration activities and programs, including 
        programmatic and project level changes implemented through the 
        process of adaptive management.
            (3) Effective date.--Paragraph (1) shall apply to the first 
        fiscal year that begins after the date of enactment of this 
        title.
    (e) Inclusion of Plan in Annual Action Plan and Annual Progress 
Report.--The Administrator shall ensure that the Annual Action Plan and 
Annual Progress Report required by section 205 of Executive Order No. 
13508 includes the adaptive management plan outlined in subsection (a).

SEC. 1304. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.

    (a) In General.--There shall be an Independent Evaluator for 
restoration activities in the Chesapeake Bay watershed, who shall 
review and report on restoration activities and the use of adaptive 
management in restoration activities, including on such related topics 
as are suggested by the Chesapeake Executive Council.
    (b) Appointment.--
            (1) In general.--The Independent Evaluator shall be 
        appointed by the Administrator from among nominees submitted by 
        the Chesapeake Executive Council.
            (2) Nominations.--The Chesapeake Executive Council may 
        submit to the Administrator 4 nominees for appointment to any 
        vacancy in the office of the Independent Evaluator.
    (c) Reports.--The Independent Evaluator shall submit a report to 
the Congress every 2 years in the findings and recommendations of 
reviews under this section.
    (d) Chesapeake Executive Council.--In this section, the term 
``Chesapeake Executive Council'' has the meaning given that term by 
section 307 of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567; 15 U.S.C. 1511d).

SEC. 1305. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Adaptive management.--The term ``adaptive management'' 
        means a type of natural resource management in which project 
        and program decisions are made as part of an ongoing science-
        based process. Adaptive management involves testing, 
        monitoring, and evaluating applied strategies and incorporating 
        new knowledge into programs and restoration activities that are 
        based on scientific findings and the needs of society. Results 
        are used to modify management policy, strategies, practices, 
        programs, and restoration activities.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Chesapeake bay state.--The term ``Chesapeake Bay 
        State'' or ``State'' means the States of Maryland, West 
        Virginia, Delaware, and New York, the Commonwealths of Virginia 
        and Pennsylvania, and the District of Columbia.
            (4) Chesapeake bay watershed.--The term ``Chesapeake Bay 
        watershed'' means the Chesapeake Bay and the geographic area, 
        as determined by the Secretary of the Interior, consisting of 
        36 tributary basins, within the Chesapeake Bay States, through 
        which precipitation drains into the Chesapeake Bay.
            (5) Chief executive.--The term ``chief executive'' means, 
        in the case of a State or Commonwealth, the Governor of each 
        such State or Commonwealth and, in the case of the District of 
        Columbia, the Mayor of the District of Columbia.
            (6) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (7) Restoration activities.--The term ``restoration 
        activities'' means any Federal or State programs or projects 
        that directly or indirectly protect, conserve, or restore 
        living resources, habitat, water resources, or water quality in 
        the Chesapeake Bay watershed, including programs or projects 
        that promote responsible land use, stewardship, and community 
        engagement in the Chesapeake Bay watershed. Restoration 
        activities may be categorized as follows:
                    (A) Physical restoration.
                    (B) Planning.
                    (C) Feasibility studies.
                    (D) Scientific research.
                    (E) Monitoring.
                    (F) Education.
                    (G) Infrastructure Development.

     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.

    (a) Short Title.--This section may be cited as the ``National 
Security and Federal Lands Protection Act''.
    (b) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border, that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture to prevent all unlawful 
entries into the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and other 
contraband through the international land borders of the United States.
    (c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have access to Federal land 
under the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture for purposes of conducting the following 
activities on such land that assist in securing the international land 
borders of the United States:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of fences.
            (3) Use of vehicles to patrol.
            (4) Installation, maintenance, and operation of 
        surveillance equipment and sensors.
            (5) Use of aircraft.
            (6) Deployment of temporary tactical infrastructure, 
        including forward operating bases.
    (d) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture 
        within 100 miles of the international land borders of the 
        United States for the activities of U.S. Customs and Border 
        Protection described in subsection (c).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (e) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture;
            (2) any additional authority to restrict legal access to 
        such land; or
            (3) any additional authority or access to private or State 
        land.
    (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.
    (g) Sunset.--This section shall have no force or effect after the 
end of the 5-year period beginning on the date of enactment of this 
Act.

            Passed the House of Representatives June 19, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```