IIB 
112TH CONGRESS 
2D SESSION 
H. R. 2578 
IN THE SENATE OF THE UNITED STATES 
JUNE 20, 2012 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To amend the Wild and Scenic Rivers Act related to a 
segment of the Lower Merced River in California, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Conservation and Eco-
nomic 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. 
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TITLE VI—NORTH CASCADES NATIONAL PARK ACCESS 
Sec. 601. Findings. 
Sec. 602. Authorization for boundary adjustments. 
TITLE VII—ENDANGERED SALMON AND FISHERIES PREDATION 
PREVENTION ACT 
Sec. 701. Short title. 
Sec. 702. Findings. 
Sec. 703. Taking of sea lions on the Columbia River and its tributaries to pro-
tect 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 Sea-
shore Recreational Area for species protection. 
Sec. 1004. Inapplicability of final rule and consent degree. 
TITLE XI—GRAZING IMPROVEMENT ACT OF 2012 
Sec. 1101. Short title. 
Sec. 1102. Terms of grazing permits and leases. 
Sec. 1103. Renewal, transfer, and reissuance of grazing permits and leases. 
TITLE XII—TARGET PRACTICE AND MARKSMANSHIP TRAINING 
SUPPORT ACT 
Sec. 1201. Short title. 
Sec. 1202. Findings; purpose. 
Sec. 1203. Definition of public target range. 
Sec. 1204. Amendments to Pittman-Robertson Wildlife Restoration Act. 
Sec. 1205. Limits on liability. 
Sec. 1206. Sense of Congress regarding cooperation. 
TITLE XIII—CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY 
ACT OF 2012 
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Sec. 1301. Short title. 
Sec. 1302. Chesapeake Bay Crosscut Budget. 
Sec. 1303. Adaptive Management Plan. 
Sec. 1304. Independent Evaluator for the Chesapeake Bay Program. 
Sec. 1305. Definitions. 
TITLE XIV—NATIONAL SECURITY AND FEDERAL LANDS 
PROTECTION ACT 
Sec. 1401. Waiver of Federal laws with respect to border security actions on 
Department of the Interior and Department of Agriculture 
lands. 
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 approxi-
mately 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 sec-
ond 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’’. 
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(b) EXCHEQUER PROJECT.—Section 3 of Public Law 
102–432 is amended by striking ‘‘Act:’’ and all that fol-
lows through the period and inserting ‘‘Act.’’. 
TITLE 
II—BONNEVILLE 
UNIT 
CLEAN HYDROPOWER FACILI-
TATION 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 consid-
ered final costs as well as costs in excess of the total max-
imum repayment obligation as defined in section 211 of 
the Central Utah Project Completion Act of 1992 (Public 
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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 trans-
mission facilities to transmit power from the Diamond 
Fork power plant shall be assigned to power for the pur-
pose of Colorado River Storage Project ratemaking. 
SEC. 205. PROHIBITION ON TAX-EXEMPT FINANCING. 
No facility for the generation or transmission of hy-
droelectric 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 Rev-
enue 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 
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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 state-
ment 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. 
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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 Na-
tive 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 In-
terest Lands Conservation Act (16 U.S.C. 3102). 
(2) SEALASKA.—The term ‘‘Sealaska’’ means 
the Sealaska Corporation, a Regional Native Cor-
poration 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 
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the Regional Corporation had an aboriginal land 
claim bore to the size of the area to which all Re-
gional 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 share-
holders, with more than 21 percent of all original 
Alaska Native shareholders, received less than 1 per-
cent of the lands set aside for Alaska Natives, and 
received no land under section 12 of the Alaska Na-
tive 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 enact-
ment 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 Monu-
ment; 
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(5) the 1968 Court of Claims cash settlement 
of $7,500,000 did not— 
(A) adequately compensate the Alaska Na-
tives 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 treat-
ment 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 Cor-
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poration land, Native group land, and Native Allot-
ments; 
(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 share-
holder 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, esti-
mated as of the date of enactment of this Act at ap-
proximately 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 Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 
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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 con-
sisted 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 Cor-
poration to select lands inside of the withdrawal 
areas established for southeast Alaska Native vil-
lages 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 with-
drawal areas established for southeast Alaska Native 
villages; 
(7) the 10 Alaska Native village withdrawal 
areas in southeast Alaska surround the Alaska Na-
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tive 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 eli-
gible for conveyance to Sealaska to the original with-
drawal 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 subpara-
graph (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 
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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 entitle-
ment of Sealaska would be approximately 200,000 
acres; and 
(ii) Sealaska made entitlement allocation deci-
sions for cultural sites and economic development 
sites based on that original estimate; and 
(C) as a result of the Alaska Land Transfer Ac-
celeration Act (Public Law 108–452; 118 Stat. 
3575) and subsequent related determinations and 
actions of the Bureau of Land Management, it be-
came clear within the last decade that Sealaska will 
receive significantly more than 200,000 acres pursu-
ant 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 share-
holders believe that it is appropriate to allocate more 
of the entitlement of Sealaska to— 
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(A) the acquisition of places of sacred, cul-
tural, 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 develop-
ment; 
(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 Na-
tional 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 exist-
ing Memorandum of Understanding (MOU) between 
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the Park Service and the Hoonah Indian Associa-
tion, 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 Serv-
ice 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, tra-
ditional, 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 Alas-
ka Native village withdrawal areas established under 
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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 se-
lection; 
(14) of land subject to the selection rights of 
Sealaska, 110,000 acres are encumbered by guber-
natorial consent requirements under the Alaska Na-
tive 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 selec-
tion, with no consideration provided for the 
restriction; and 
(iii)(I) 70,000 acres are subject to a 
gubernatorial consent requirement before 
selection; and 
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(II) Sealaska received no consider-
ation with respect to the consent restric-
tion; 
(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 selec-
tion by Sealaska; 
(D) with respect to the Kake withdrawal 
area— 
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(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 con-
veyance 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 har-
vested in the area; 
(F) with respect to the Klawock with-
drawal area— 
(i) the area consists of only 5 town-
ships, as compared to the usual withdrawal 
area of 9 townships, because of the prox-
imity of the Klawock withdrawal area to 
the Village of Craig, which reduces the se-
lection 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 
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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 with-
drawal 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 For-
est 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 
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(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 selec-
tion; 
(iii) Sealaska received no consider-
ation with respect to the 1977 amendment 
to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) requiring gu-
bernatorial 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 ap-
plicable 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 insuf-
ficient land remaining in the withdrawal areas 
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to meet the traditional, cultural, and socio-
economic needs of the shareholders of Sealaska; 
and 
(B) make it difficult for Sealaska to se-
lect— 
(i) places of sacred, cultural, tradi-
tional, and historical significance; 
(ii) sites with traditional and recre-
ation use value and sites suitable for re-
newable 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 selec-
tions 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 salm-
on streams, have been identified as important 
habitat, or would otherwise be managed by the 
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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 per-
cent; 
(C) in October 2007, the Alaska Department of 
Labor and Workforce Development projected popu-
lation losses between 1996 and 2030 for the Prince 
of Wales—Outer Ketchikan census area at 56.6 per-
cent; 
(D) official unemployment rates severely under-
report the actual level of regional unemployment, 
particularly in Native villages; and 
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(E) additional job losses will exacerbate out-
migration 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 pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.)), Sealaska has— 
(A) provided considerable benefits to Alas-
ka 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 Settle-
ment Act (43 U.S.C. 1606(i)), Sealaska has distrib-
uted more than $300,000,000 during the period be-
ginning on January 1, 1971, and ending on Decem-
ber 31, 2005, to Native Corporations throughout the 
State of Alaska from the development of natural re-
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sources, which accounts for 42 percent of the total 
revenues shared under that section during that pe-
riod; 
(22) resource development operations main-
tained by Sealaska— 
(A) support hundreds of jobs in the south-
east Alaska region; 
(B) make timber available to local and do-
mestic sawmills and other wood products busi-
nesses such as guitar manufacturers; 
(C) support firewood programs for local 
communities; 
(D) support maintenance of roads utilized 
by local communities for subsistence and recre-
ation uses; 
(E) support development of new biomass 
energy opportunities in southeast Alaska, re-
ducing 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 de-
velopment in the region, including support for 
renewable biomass initiatives, Alaska Native ar-
tisans, and rural mariculture farming; and 
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(G) support Native education and cultural 
and language preservation activities; 
(23) if the resource development operations of 
Sealaska cease on land appropriate for those oper-
ations, 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 enti-
tlement 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 Na-
tive 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— 
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(A) sacred, cultural, traditional, and his-
toric sites and other places of traditional cul-
tural significance, including traditional and cus-
tomary trade and migration routes, to facilitate 
the perpetuation and preservation of Alaska 
Native culture and history; 
(B) other sites with traditional and recre-
ation use value and sites suitable for renewable 
energy development to facilitate appropriate 
tourism and outdoor recreation enterprises and 
renewable energy development for rural south-
east Alaska communities; and 
(C) lands that are suitable economically 
and environmentally for natural resource devel-
opment; 
(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 with-
drawal of land for selection by Native Corporations 
in southeast Alaska should be removed, which will 
facilitate thorough and complete planning and effi-
cient management relating to national forest land in 
southeast Alaska by the Forest Service; 
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(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 estab-
lished pursuant to the Alaska Native Claims Settle-
ment 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 pri-
mary 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 Alas-
ka, to work with the Secretary of Agriculture 
under the Tribal Forest Protection Act to ad-
dress 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 
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(B) ensure that Native Corporations, in-
cluding Sealaska, can participate in programs 
administered by the Secretary of Agriculture 
under the Tribal Forest Protection Act without 
including Native Corporations under the defini-
tion in that Act of ‘‘Indian forest land or range-
land’’ or otherwise amending that Act in a 
manner that validates, invalidates, or otherwise 
affects any claim regarding the existence of In-
dian 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 Preser-
vation Act cemetery sites and historical places trans-
ferred to Native Corporations, including Sealaska, 
pursuant to the Alaska Native Claims Settlement 
Act, and therefore, the National Historic Preserva-
tion Act should be amended in a manner that will— 
(A) permit Native Corporations, including 
Sealaska, as owners of Indian cemetery sites 
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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, in-
cluding 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 vil-
lage withdrawal areas in a manner that meets the cultural, 
social, and economic needs of Native shareholders, includ-
ing the need to maintain jobs supported by Sealaska in 
rural southeast Alaska communities. 
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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 sec-
tion 14(g) of the Alaska Native Claims Settle-
ment 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)). 
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(b) WITHDRAWAL OF LAND.—The following public 
land is withdrawn, subject to valid existing rights, from 
all forms of appropriation under public land laws, includ-
ing the mining and mineral leasing laws, and from selec-
tion 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 Feb-
ruary 1, 2011, and labeled ‘‘Attachment A (Maps 1 
through 8)’’. 
(2) Sites with traditional, recreational, and re-
newable 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 se-
lected for those purposes. 
(3) Sites identified on the map entitled ‘‘Tradi-
tional and Customary Trade and Migration Routes’’, 
dated February 1, 2011, and labeled ‘‘Attachment 
C’’, which includes an identification of— 
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(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 de-
scribed 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 Mi-
gration Route’’ on the map entitled ‘‘Tradi-
tional 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 Mi-
gration Route’’ on the map entitled ‘‘Tradi-
tional and Customary Trade and Migration 
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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 pro-
mulgated 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 cul-
tural 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 min-
eral 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 
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(B) available for selection by and convey-
ance to Sealaska to complete the remaining 
land entitlement of Sealaska under section 
14(h)(8) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1613(h)(8)) subject to the 
conditions that— 
(i) no sites with sacred, cultural, tra-
ditional, or historic significance may be se-
lected 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 identi-
fying not more than 360 acres of sites with 
sacred, cultural, traditional, or historic sig-
nificance 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; 
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(2) access on the forest development road iden-
tified 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 iden-
tified 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 ‘‘Attach-
ment 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 con-
struct 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. 
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(2) FINAL
PRIORITIES.—Consistent with the 
provisions of section 403 of the Alaska Land Trans-
fer 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 inter-
fere with or cause any delay in the duty of the Sec-
retary 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 Settle-
ment Act (43 U.S.C. 1613(h)(8))— 
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(1) the right of Sealaska to receive any land 
under that Act from within a withdrawal area estab-
lished 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 For-
est. 
(c) LIMITATION.—Sealaska shall not select or receive 
under this title any conveyance of land pursuant to para-
graph (1) or (2) of section 304(b) located within any con-
servation system unit. 
(d) APPLICABLE
EASEMENTS
AND
PUBLIC
AC-
CESS.— 
(1) IN GENERAL.—In addition to the reserva-
tion of public easements under section 304(a)(2)(A), 
the conveyance to Sealaska of land withdrawn pur-
suant to paragraphs (1) and (3) of section 304(b) 
that are located outside a withdrawal area des-
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ignated 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 ‘‘Attach-
ment 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 enact-
ment of this Act for the public access trails de-
picted on the maps described in subparagraph 
(A); and 
(C) the right of noncommercial public ac-
cess 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 pro-
vide environmental protection; and 
(ii) the condition that Sealaska shall 
post on any applicable property, in accord-
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ance with State law, notices of the condi-
tions 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 ac-
cess around the land is available without liabil-
ity to Sealaska; and 
(B) the right of Sealaska to regulate ac-
cess across the conveyances to ensure public 
safety, to protect cultural or scientific re-
sources, 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) 
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that is located outside of a withdrawal area des-
ignated 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 pub-
lic access across such linear conveyances if an adja-
cent 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 con-
veyance to Sealaska of land withdrawn pursuant to 
section 304(b)(2) that is located outside of a with-
drawal 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 in-
terest retained by the United States, of such an 
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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 HIS-
TORIC 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 develop-
ment on the land; 
(2) shall allow use of the land as described in 
subsection (f); and 
(3) shall not be subject to any additional re-
strictive covenant based on cultural or historic val-
ues, or any other restriction, encumbrance, or ease-
ment, 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 
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Sealaska from land withdrawn pursuant to sections 
304(b)(3) and 304(c) may be used for— 
(1) preservation of cultural knowledge and tra-
ditions associated with the site; 
(2) historical, cultural, and scientific research 
and education; 
(3) public interpretation and education regard-
ing 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, sto-
ries, 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, cul-
tural, traditional, or historic nature of the site; 
and 
(B) are not inconsistent with the manage-
ment plans for adjacent public land. 
(g) TERMINATION OF RESTRICTIVE COVENANTS.— 
(1) IN GENERAL.—Each restrictive covenant re-
garding cultural or historical values with respect to 
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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 Regula-
tions (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. 
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(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 Pub-
lic Law 94–204 (43 U.S.C. 1613 note), shall thereafter 
apply to the withdrawn land. 
(j) GUIDING AND OUTFITTING SPECIAL USE PER-
MITS OR AUTHORIZATIONS.— 
(1) IN GENERAL.—Consistent with the provi-
sions of section 14(g) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(g)), except as modi-
fied 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 outfit-
ting 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 con-
sidered a valid existing right reserved pursuant to 
section 14(g) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1613(g)), and shall be man-
aged accordingly. 
(2) NOTICE
OF
COMMERCIAL
ACTIVITIES.— 
Sealaska, with respect to the holder of a guiding or 
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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 re-
spective 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 con-
veyed 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 
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this title, shall be considered to be conveyed or acted on, 
as applicable, pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.). 
(b) ENVIRONMENTAL
MITIGATION
AND
INCEN-
TIVES.—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 sequestra-
tion program, ecological services program, or envi-
ronmental mitigation credit; and 
(2) any other federally authorized environ-
mental incentive credit or program. 
(c) NO MATERIAL EFFECT ON FOREST PLAN.— 
(1) IN GENERAL.—Except as required by para-
graph (2), implementation of this title, including the 
conveyance of land to Sealaska, alone or in combina-
tion with any other factor, shall not require an 
amendment of, or revision to, the Tongass National 
Forest Land and Resources Management Plan be-
fore 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 
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boundary adjustments to the Tongass National For-
est Land and Resources Management Plan resulting 
from the implementation of this title through a tech-
nical 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 sub-
section (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 res-
toration shall be eligible for agreements and contracts au-
thorized 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.—Sec-
tion 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 
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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 man-
age 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 Na-
tive 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 Con-
servation 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 
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(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 Gov-
ernment to convey any State or private land. 
TITLE IV—SAN ANTONIO MIS-
SIONS 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 Histor-
ical 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 
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(3) the San Antonio Missions National Histor-
ical 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 in-
serting ‘‘(2) The park shall also’’; 
(3) by striking ‘‘After advising the’’ and insert-
ing ‘‘(5) After advising the’’; 
(4) by inserting after paragraph (2) (as so des-
ignated by paragraph (2) above) the following: 
‘‘(3) The boundary of the park is further modi-
fied to include approximately 137 acres, as depicted 
on the map titled ‘San Antonio Missions National 
Historical Park Proposed Boundary Addition’, num-
bered 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 con-
demnation any land or interest in land within the 
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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 con-
sent 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 NA-
TIONAL MONUMENT ESTAB-
LISHMENT ACT OF 2012 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Waco Mammoth Na-
tional 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 
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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 edu-
cational 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 ‘‘manage-
ment plan’’ means the management plan for the 
Monument prepared under section 505(c)(1). 
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(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Proposed Boundary Waco-Mammoth Na-
tional Monument’’, numbered T21/80,000, and 
dated April 2009. 
(4) 
MONUMENT.—The 
term 
‘‘Monument’’ 
means the Waco Mammoth National Monument es-
tablished 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 of-
fices 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 
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(2) any cooperative agreements entered into 
under subsection (b)(1). 
(b) AUTHORITIES OF SECRETARY.— 
(1) COOPERATIVE
AGREEMENTS.—The Sec-
retary may enter into cooperative management 
agreements with the University and the City, in ac-
cordance 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 pro-
posed 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 Monu-
ment. 
(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; 
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(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 na-
tional 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 Monu-
ment under subsection (b)(2); 
(3) developing a visitor center for the Monu-
ment; 
(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. 
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(f) EFFECT ON ELIGIBILITY FOR FINANCIAL ASSIST-
ANCE.—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 con-
ferred to the Monument under this title. 
(g) TERMINATION OF NATIONAL PARK SYSTEM STA-
TUS.— 
(1) IN GENERAL.—Designation of the Monu-
ment 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. 
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That an activity or use can be seen or heard from within 
the Monument shall not preclude the conduct of that activ-
ity 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 Che-
lan 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 
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Valley Road away from the Stehekin River due to 
the current location of the non-wilderness road cor-
ridor 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 Cas-
cades 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 reten-
tion 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 (Pub-
lic 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 
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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 Val-
ley Road; 
‘‘(3) within the boundaries of the North Cas-
cades 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 Wilder-
ness 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 de-
scribed in paragraph (2) contain fewer acres than 
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the corridor described in subsection (a), the Sec-
retary 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 wilder-
ness 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 SALM-
ON AND FISHERIES PREDA-
TION 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: 
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(1) There are 13 groups of salmon and 
steelhead that are listed as threatened species or en-
dangered 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 re-
gion’s culture and economy. 
(3) The Columbia River treaty tribes retain im-
portant rights with respect to salmon and steelhead. 
(4) Federal, State, and tribal governments have 
spent billions of dollars to assist the recovery of Co-
lumbia River salmon and steelhead populations. 
(5) One of the factors impacting salmonid pop-
ulations 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 cur-
rently 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. 
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(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 tem-
porary 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 Colum-
bia River and its tributaries. 
(13) On December 21, 2010, the independent 
Pinniped-Fishery 
Interaction 
Task 
Force 
rec-
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ommended lethally removing more of the California 
sea lions in 2011. 
(14) On August 18, 2011, the States of Wash-
ington, 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 re-
moval of sea lions that the States determined are 
having a ‘‘significant negative impact’’ on the recov-
ery of Columbia River and Snake River salmon and 
steelhead. 
(15) On September 12, 2011, the National Ma-
rine 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’ appli-
cation. 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 re-
sources other than salmonids is severely impacting 
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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 preda-
tory pinnipeds’ impact only with respect to endan-
gered salmonids. 
SEC. 703. TAKING OF SEA LIONS ON THE COLUMBIA RIVER 
AND ITS TRIBUTARIES TO PROTECT ENDAN-
GERED AND THREATENED SPECIES OF SALM-
ON AND OTHER NONLISTED FISH SPECIES. 
Section 120 of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1389) is amended by striking sub-
section (f) and inserting the following: 
‘‘(f) TEMPORARY MARINE MAMMAL REMOVAL AU-
THORITY 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 Colum-
bia 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 
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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 sub-
section 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
AUTHOR-
ITY.—Subject to subparagraph (B), a permit 
issued under this subsection shall not authorize 
the lethal taking of more than 10 sea lions dur-
ing 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 ef-
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fect under this subsection shall not exceed one 
percent of the annual potential biological re-
moval level. 
‘‘(4) DELEGATION
OF
PERMIT
AUTHORITY.— 
Any eligible entity may delegate to any other eligible 
entity the authority to administer its permit author-
ity under this subsection. 
‘‘(5) NEPA.—Section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not apply with respect to this sub-
section 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
AUTHOR-
ITY.—If, 5 years after enactment, the Secretary, 
after consulting with State and tribal fishery man-
agers, 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 sub-
section, 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 Con-
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federated 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 list-
ings of fish stocks in the Columbia River is a vital 
priority; 
(2) permit holders exercising lethal removal au-
thority 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 pre-
venting such predation. 
SEC. 705. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN-
DIAN 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. 
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TITLE 
VIII—REAUTHORIZATION 
OF HERGER-FEINSTEIN QUIN-
CY LIBRARY GROUP FOREST 
RECOVERY ACT 
SEC. 801. REAUTHORIZATION OF HERGER-FEINSTEIN QUIN-
CY LIBRARY GROUP FOREST RECOVERY ACT. 
(a) EXTENSION.—Subsection (g) of the Herger-Fein-
stein 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 con-
duct the pilot project until the earlier of the fol-
lowing: 
‘‘(A) September 30, 2019. 
‘‘(B) The date on which the Secretary 
completes amendment or revision of the land 
and resource management plans for the Na-
tional 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 manage-
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ment plans for the pilot project area, the process 
shall include preparation of at least one alternative 
that incorporates the pilot project and area designa-
tions under subsection (b), the resource management 
activities described in subsection (d), and other as-
pects of the Quincy Library Group Community Sta-
bility Proposal.’’. 
(b) EXPANSION OF PILOT PROJECT AREA.—Sub-
section (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 Ne-
vada and Cascade Province, Lake Tahoe Basin Man-
agement Unit, Humboldt-Toiyabe National Forest, 
and Inyo National Forest. These lands may be man-
aged using the same strategy, guidelines and re-
source 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 For-
est Recovery Act is amended by adding at the end the 
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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 des-
ignated as ‘Available for Group Selection’ and shall be 
managed accordingly under subsection (d).’’. 
(d) GROUP SELECTION REQUIREMENT.—Subpara-
graph (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 
Sep-
tember 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-Fein-
stein 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 SUSTAIN-
ABLE DEVELOPMENT ACT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Yerington Land Con-
veyance and Sustainable Development Act’’. 
SEC. 902. FINDINGS. 
Congress finds that— 
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(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 pri-
vate business partners to develop a sustainable de-
velopment plan that would enable all parties to ben-
efit from the use of private land adjacent to the city 
of Yerington for potential commercial and industrial 
development, mining activities, recreation opportuni-
ties, 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 Fed-
eral land; 
(4) the Federal land to be conveyed to the City 
under the sustainable development plan has very few 
environmental, historical, wildlife, or cultural re-
sources 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— 
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(A) is adjacent to the boundaries of the 
City; and 
(B) would be used— 
(i) to enhance recreational, cultural, 
commercial, and industrial development op-
portunities 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 crit-
ical 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 
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(9) the Lyon County Commission and the City 
unanimously approved resolutions in support of the 
conveyance of the Federal land because the convey-
ance 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 Con-
veyance Lands’’. 
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘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 require-
ments of sections 202 and 203 of the Federal Land Policy 
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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 of-
fices of the Bureau of Land Management. 
(d) APPLICABLE LAW.—Beginning on the date on 
which the Federal land is conveyed to the City, the devel-
opment of and conduct of activities on the Federal land 
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shall be subject to all applicable Federal laws (including 
regulations). 
(e) ADMINISTRATIVE COSTS.—The City shall be re-
sponsible for all survey, appraisal, and other administra-
tive 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, not-
withstanding 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, contami-
nant, petroleum product (or derivative of a petroleum 
product of any kind), solid waste, mine materials or min-
ing 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 
NA-
TIONAL 
SEASHORE 
REC-
REATIONAL AREA ACT 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Preserving Access to 
Cape Hatteras National Seashore Recreational Area Act’’. 
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SEC. 1002. REINSTATEMENT OF INTERIM MANAGEMENT 
STRATEGY. 
(a) MANAGEMENT.—After the date of the enactment 
of this title, Cape Hatteras National Seashore Rec-
reational Area shall be managed in accordance with the 
Interim Protected Species Management Strategy/Environ-
mental Assessment issued by the National Park Service 
on June 13, 2007, for the Cape Hatteras National Sea-
shore Recreational Area, North Carolina, unless the Sec-
retary 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 ve-
hicular 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 REC-
REATIONAL AREA FOR SPECIES PROTEC-
TION. 
(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 
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Hatteras National Seashore Recreational Area are nec-
essary 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 max-
imum extent possible, the Secretary shall designate pedes-
trian 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 Reg-
ulations, Areas of the National Park System, Cape Hat-
teras National Seashore—Off-Road Vehicle Management’’ 
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(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 ve-
hicle 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 Manage-
ment Act of 1976 (43 U.S.C. 1752) is amended— 
(1) by striking ‘‘ten years’’ each place it ap-
pears 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 pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(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 add-
ing 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 modifica-
tions that are consistent with an applicable Depart-
ment of Interior resource management plan or De-
partment of Agriculture land use plan. 
‘‘(2) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means— 
‘‘(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
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‘‘(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the De-
partment 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 Ten-
ant Act (7 U.S.C. 1010 et seq.); or 
‘‘(4) section 510 the California Desert Protec-
tion Act of 1994 (16 U.S.C. 410aaa–50). 
‘‘(c) TERMS; CONDITIONS.—The terms and condi-
tions (except the termination date) contained in an ex-
pired, 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 Sec-
retary concerned completes the processing of the renewed 
or reissued permit or lease that is the subject of the ex-
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pired, transferred, or waived permit or lease, in compli-
ance with each applicable law. 
‘‘(d) 
CANCELLATION; 
SUSPENSION; 
MODIFICA-
TION.—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 com-
pleted 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 trans-
fer 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 assess-
ment or an environmental impact statement if— 
‘‘(1) the decision to renew, reissue, or transfer 
continues the current grazing management of the al-
lotment; 
‘‘(2) monitoring of the allotment has indicated 
that the current grazing management has met, or 
has satisfactorily progressed towards meeting, objec-
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tives contained in the land use and resource manage-
ment 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 extraor-
dinary circumstances. 
‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI-
RONMENTAL ANALYSES.—The Secretary concerned, in the 
sole discretion of the Secretary concerned, shall determine 
the priority and timing for completing each required envi-
ronmental analysis regarding any grazing allotment, per-
mit, or lease based on the environmental significance of 
the allotment, permit, or lease and available funding for 
that purpose. 
‘‘(h) NEPA EXEMPTIONS.—The National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
not apply to the following: 
‘‘(1) Crossing and trailing authorizations of do-
mestic livestock. 
‘‘(2) Transfer of grazing preference.’’. 
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TITLE 
XII—TARGET 
PRACTICE 
AND MARKSMANSHIP TRAIN-
ING 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 ac-
tivities on Federal land is allowed, except to the ex-
tent specific portions of that land have been closed 
to those activities; 
(2) in recent years preceding the date of enact-
ment 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— 
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(A) to promote enjoyment of shooting, rec-
reational, and hunting activities; and 
(B) to ensure safe and convenient locations 
for those activities; 
(5) Federal law in effect on the date of enact-
ment of this title, including the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669 et seq.), 
provides Federal support for construction and ex-
pansion of public target ranges by making available 
to States amounts that may be used for construc-
tion, operation, and maintenance of public target 
ranges; and 
(6) it is in the public interest to provide in-
creased Federal support to facilitate the construction 
or expansion of public target ranges. 
(b) PURPOSE.—The purpose of this title is to facili-
tate 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; 
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(3) may be supervised; and 
(4) may accommodate archery or rifle, pistol, or 
shotgun shooting. 
SEC. 1204. AMENDMENTS TO PITTMAN-ROBERTSON WILD-
LIFE RESTORATION ACT. 
(a) DEFINITIONS.—Section 2 of the Pittman-Robert-
son Wildlife Restoration Act (16 U.S.C. 669a) is amend-
ed— 
(1) by redesignating paragraphs (2) through 
(8) as paragraphs (3) through (9), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) the term ‘public target range’ means a 
specific location that— 
‘‘(A) is identified by a governmental agen-
cy 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 WILD-
LIFE AREAS AND RESOURCES.—Section 8(b) of the Pitt-
man-Robertson Wildlife Restoration Act (16 U.S.C. 
669g(b)) is amended— 
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(1) by striking ‘‘(b) Each State’’ and inserting 
the following: 
‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD-
LIFE AREAS AND RESOURCES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 Sec-
retary’’ and inserting the following: 
‘‘(4) REGULATIONS.—The Secretary’’; and 
(5) by inserting after paragraph (1) (as des-
ignated by paragraph (1) of this subsection) the fol-
lowing: 
‘‘(2) EXCEPTION.—Notwithstanding the limita-
tion 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, ex-
pand, or construct a public target range.’’. 
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(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 allo-
cate not more than 10 percent, to be combined with 
the amount apportioned to the State under para-
graph (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 para-
graph (2), the Federal share of the cost of any activ-
ity carried out using a grant under this section shall 
not exceed 75 percent of the total cost of the activ-
ity. 
‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 
EXPANSION.—The Federal share of the cost of ac-
quiring land for, expanding, or constructing a public 
target range in a State on Federal or non-Federal 
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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 in-
serting 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 perform-
ance of a discretionary function. 
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(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 COOPERA-
TION. 
It is the sense of Congress that, consistent with appli-
cable 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 activi-
ties on any Federal land used as a public target range 
to encourage continued use of that land for target practice 
or marksmanship training. 
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TITLE 
XIII—CHESAPEAKE 
BAY 
ACCOUNTABILITY 
AND 
RE-
COVERY ACT OF 2012 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Chesapeake Bay Ac-
countability and Recovery Act of 2012’’. 
SEC. 1302. CHESAPEAKE BAY CROSSCUT BUDGET. 
(a) CROSSCUT BUDGET.—The Director, in consulta-
tion with the Chesapeake Executive Council, the chief ex-
ecutive of each Chesapeake Bay State, and the Chesa-
peake Bay Commission, shall submit to Congress a finan-
cial report containing— 
(1) an interagency crosscut budget that dis-
plays— 
(A) the proposed funding for any Federal 
restoration activity to be carried out in the suc-
ceeding fiscal year, including any planned inter-
agency or intra-agency transfer, for each of the 
Federal agencies that carry out restoration ac-
tivities; 
(B) to the extent that information is avail-
able, the estimated funding for any State res-
toration activity to be carried out in the suc-
ceeding fiscal year; 
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(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 in-
formation is available, for State restoration ac-
tivities during the equivalent time period de-
scribed 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 res-
toration 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 pre-
ceding fiscal years; and 
(4) a description of each of the proposed Fed-
eral 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; 
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(B) current status of the project; 
(C) Federal or State statutory or regu-
latory authority, programs, or responsible agen-
cies; 
(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 fund-
ing amounts greater than or equal to $100,000; and 
(2) for State restoration activities, have funding 
amounts greater than or equal to $50,000. 
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(c) DEADLINE.—The Director shall submit to Con-
gress the report required by subsection (a) not later than 
30 days after the submission by the President of the Presi-
dent’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 Com-
merce, and Transportation and Infrastructure of the 
House of Representatives and the Committees on Appro-
priations, Environment and Public Works, and Commerce, 
Science, and Transportation of the Senate. 
(e) EFFECTIVE DATE.—This section shall apply be-
ginning with the first fiscal year after the date of enact-
ment 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 con-
sultation with other Federal and State agencies, shall de-
velop an adaptive management plan for restoration activi-
ties in the Chesapeake Bay watershed that includes— 
(1) definition of specific and measurable objec-
tives to improve water quality, habitat, and fisheries; 
(2) a process for stakeholder participation; 
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(3) monitoring, modeling, experimentation, and 
other research and evaluation practices; 
(4) a process for modification of restoration ac-
tivities 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 activi-
ties and programs to which adaptive management 
shall be applied. 
(b) IMPLEMENTATION.—The Administrator shall im-
plement 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 imple-
mentation 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 
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project level changes implemented through the proc-
ess 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 CHESA-
PEAKE 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 ac-
tivities 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. 
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(2) NOMINATIONS.—The Chesapeake Executive 
Council may submit to the Administrator 4 nomi-
nees for appointment to any vacancy in the office of 
the Independent Evaluator. 
(c) REPORTS.—The Independent Evaluator shall sub-
mit a report to the Congress every 2 years in the findings 
and recommendations of reviews under this section. 
(d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec-
tion, 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 re-
source management in which project and program 
decisions are made as part of an ongoing science- 
based process. Adaptive management involves test-
ing, 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. 
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(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 exec-
utive’’ means, in the case of a State or Common-
wealth, the Governor of each such State or Common-
wealth 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 Budg-
et. 
(7) RESTORATION ACTIVITIES.—The term ‘‘res-
toration activities’’ means any Federal or State pro-
grams or projects that directly or indirectly protect, 
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conserve, or restore living resources, habitat, water 
resources, or water quality in the Chesapeake Bay 
watershed, including programs or projects that pro-
mote responsible land use, stewardship, and commu-
nity 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 PRO-
TECTION ACT 
SEC. 1401. WAIVER OF FEDERAL LAWS WITH RESPECT TO 
BORDER SECURITY ACTIONS ON DEPART-
MENT 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 INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
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or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of an inter-
national 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, in-
cluding entries by terrorists, other unlawful aliens, instru-
ments 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 Pro-
tection shall have access to Federal land under the juris-
diction of the Secretary of the Interior or the Secretary 
of Agriculture for purposes of conducting the following ac-
tivities on such land that assist in securing the inter-
national 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 infra-
structure, including forward operating bases. 
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(d) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating 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 Ille-
gal Immigration Reform and Immigrant Responsi-
bility 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 con-
sidered to apply to all Federal land under the juris-
diction of the Secretary of the Interior or the Sec-
retary of Agriculture within 100 miles of the inter-
national land borders of the United States for the 
activities of U.S. Customs and Border Protection de-
scribed in subsection (c). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness 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 Preser-
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HR 2578 RFS
vation 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 Co-
ordination 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 ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities 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 Ari-
zona 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 
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and backcountry airstrips on land under the jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture; 
(2) any additional authority to restrict legal ac-
cess 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 ef-
fect 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. 
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