600
been significant for the survivors, victims’ immediate 
families, and police, fire, rescue, recovery, and med-
ical personnel directly involved in this national trag-
edy. 
(2) America’s system of national parks, forests, 
and public lands provides significant opportunities to 
renew, refresh, and strengthen the physical, mental, 
and spiritual well-being of those who use them. 
(b) PURPOSE.—It is the purpose of this title to help 
those directly impacted by the tragic events of September 
11, 2001, by enhancing opportunities for the use of Amer-
ica’s national parks, forests, and public lands as a means 
of aiding in their recovery from the trauma associated with 
these tragic events. 
SEC. 7303. HOPE PASS. 
(a) ISSUANCE.—The Secretary of the Interior shall 
make available at no cost to qualified individuals a special 
entrance pass which shall be known as the ‘‘Hope Pass’’ 
and shall provide for free admission into any federally 
owned area which is operated and maintained by a Federal 
agency and used for outdoor recreation purposes. 
(b) QUALIFIED INDIVIDUALS.—A qualified individual 
shall be—
(1) an individual who was present at the World 
Trade Center, the Pentagon, or the site of the air-
601
craft crash at Shanksville, Pennsylvania, at the time, 
or in the immediate aftermath of the terrorist-re-
lated aircraft crashes of September 11, 2001; 
(2) an individual who had an immediate family 
member killed as a direct result of the terrorist-re-
lated aircraft crashes of September 11, 2001; or 
(3) any police, fire, rescue, recovery, or medical 
personnel who directly responded to the terrorist-re-
lated aircraft crashes of September 11, 2001. 
(c) CONDITIONS.—Each Hope Pass shall—
(1) be issued upon acceptance by the Secretary 
of the Interior of an application from a qualified ap-
plicant which shall include a signed statement attest-
ing to the applicant’s eligibility for the pass; 
(2) be valid for the life of the qualified pass 
holder; and 
(3) provide free admission to qualified pass 
holders and their immediate family when accom-
panied by the qualified pass holder. 
(d) NONELIGIBILITY.—No individual identified by 
the Attorney General of the United States to have been 
a participant or conspirator in the terrorist-related air-
craft crashes of September 11, 2001, or their family shall 
be eligible to receive a Hope Pass.
602
TITLE IV—CONTROL OF HARM-
FUL NONNATIVE SPECIES ON 
FEDERAL LANDS
SEC. 7401. SHORT TITLE. 
This title may be cited as the ‘‘Species Protection and 
Conservation of the Environment Act’’. 
SEC. 7402. PURPOSE. 
The purpose of this title is to control harmful non-
native species on Federal lands. 
SEC. 7403. DEFINITIONS. 
For the purposes of this title: 
(1) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate Committees’’ means the Committee on 
Resources of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate. 
(2) CONTROL.—The term ‘‘control’’ means, as 
appropriate, eradicating, suppressing, reducing, or 
managing harmful nonnative species populations, 
preventing the spread of harmful nonnative species 
from areas where they are present, and taking steps 
to restore native species and habitats to reduce the 
effects of harmful nonnative species.
603
(3) COUNCIL.—The term ‘‘Council’’ means the 
National Invasive Species Council created by Execu-
tive Order 13112 of February 3, 1999. 
(4) ENVIRONMENTAL SOUNDNESS.—The term 
‘‘environmental soundness’’ means the extent of in-
clusion of methods, efforts, actions, or programs to 
prevent or control infestations of harmful nonnative 
species, that—
(A) minimize adverse impacts to the struc-
ture and function of an ecosystem and adverse 
effects on nontarget species and ecosystems; 
and 
(B) emphasize integrated management 
techniques. 
(5) FEDERAL
LANDS.—The term ‘‘Federal 
lands’’ means all lands and waters that are owned 
and administered by the Department of the Interior 
or the National Forest Service or are held in trust 
by the Federal Government for an Indian tribe. 
(6) HARMFUL NONNATIVE SPECIES.—The term 
‘‘harmful nonnative species’’—
(A) subject to subparagraphs (B) and (C), 
means, with respect to a particular ecosystem in 
a particular region, any species, including its 
seeds, eggs, spores, or other biological material
604
capable of propagating that species, that is not 
native to that ecosystem and has a demon-
strable or potentially demonstrable negative en-
vironmental or economic impact in that region; 
(B) does not include any plant or plant 
product that can directly or indirectly injure or 
cause damage to crops (including nursery stock 
or plant products), livestock, poultry, or other 
interests of agriculture; and 
(C) does not include non-feral livestock. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(8) NATIONAL MANAGEMENT PLAN.—The term 
‘‘National Management Plan’’ means the manage-
ment plan referred to in section 5 of Executive 
Order 13112 of February 3, 1999, and entitled 
‘‘Meeting the Invasive Species Challenge’’. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Com-
605
monwealth of the Northern Mariana Islands, any 
other territory or possession of the United States, 
and any Indian tribe. 
SEC. 7404. ALDO LEOPOLD NATIVE HERITAGE GRANT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary may provide—
(1) a grant to any eligible applicant to carry 
out a qualified control project in accordance with 
this section; and 
(2) a grant to any State to carry out an assess-
ment project in accordance with this section to as-
sess, consistent with relevant State plans that have 
been developed in whole or in part for the conserva-
tion of fish, wildlife, and their habitats—
(A) the needs to restore, manage, or en-
hance native fish or wildlife and their natural 
habitats and processes in the State through 
control of harmful nonnative species; and 
(B) priorities for actions to address such 
needs. 
Such program shall be known as the ‘‘Aldo Leopold Native 
Heritage Grant Program’’. 
(b) FUNCTIONS OF THE SECRETARY.—
(1) IN GENERAL.—The Secretary shall—
606
(A) solicit, receive, review, evaluate, and 
approve applications for grants under this sec-
tion; 
(B) consult with the Council on the 
projects proposed for grants under this section, 
including regarding the priority of proposed 
projects for such grants; and 
(C) consult with the Council regarding the 
development of the database required under 
subsection (j). 
(2) ADVICE.—To obtain advice regarding pro-
posed grants under this section, including advice on 
the scientific merit, technical merit, and feasibility of 
a proposed grant, the Secretary shall consult with 
the advisory committee established under section 
3(b) of Executive Order 13112 of February 3, 1999. 
(3) DELEGATION
OF
AUTHORITY.—The Sec-
retary may delegate to another Federal instrumen-
tality the authority of the Secretary under this sec-
tion, other than the authority to approve applica-
tions for grants and make grants.
(c) FUNCTIONS
OF
THE COUNCIL.—The Council 
shall—
(1) consult with the Secretary to create criteria 
and guidelines for grants under this section;
607
(2) consult with the Secretary regarding wheth-
er proposed control projects are qualified control 
projects; and 
(3) carry out functions relating to monitoring 
control projects under subsection (j). 
(d) ELIGIBLE APPLICANT.—To be an eligible appli-
cant for purposes of subsection (a)(1), an applicant 
shall—
(1) be a State, local government, interstate or 
regional agency, or private person; and 
(2) have adequate personnel, funding, and au-
thority to carry out and monitor or maintain a con-
trol project. 
(e) QUALIFIED CONTROL PROJECT.—
(1) IN
GENERAL.—To be a qualified control 
project under this section, a project shall—
(A) control harmful nonnative species on 
the lands or waters on which it is conducted; 
(B) include a plan for monitoring the 
project area and maintaining effective control of 
harmful nonnative species after the completion 
of the project, that is consistent with standards 
for monitoring developed under subsection (j); 
(C) be conducted in partnership with a 
Federal agency; and
608
(D) be conducted on non-Federal lands or 
waters that, for purposes of carrying out the 
project, are under the control of the eligible ap-
plicant applying for the grant under this section 
and on adjacent Federal lands or waters admin-
istered by the Federal agency referred to in 
subparagraph (C), that are—
(i) administered for the long-term 
conservation of such lands and waters and 
the native fish and wildlife dependent 
thereon; and 
(ii) managed to prevent the future re-
introduction or dispersal of harmful non-
native species from the lands and waters 
on which the project is carried out. 
(2) OTHER
FACTORS
FOR
SELECTION
OF 
PROJECTS.—In ranking qualified control projects, 
the Secretary may consider the following: 
(A) The extent to which a project would 
address the operational backlog of the National 
Wildlife Refuge System attributed to nonnative 
species. 
(B) Whether a project will encourage in-
creased coordination and cooperation among 
one or more Federal agencies and State or local
609
government agencies or nongovernmental or 
other private entities to control harmful non-
native species. 
(C) Whether a project fosters public-pri-
vate partnerships and uses Federal resources to 
encourage increased private sector involvement, 
including consideration of the amount of private 
funds or in-kind contributions to control harm-
ful nonnative species. 
(D) The extent to which a project would 
aid the conservation of species that are listed 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(E) Whether a project includes pilot test-
ing or a demonstration of an innovative tech-
nology having the potential for improved cost-
effectiveness in controlling harmful nonnative 
species. 
(f) DISTRIBUTION OF CONTROL GRANT AWARDS.—
In making grants for control projects under this section 
the Secretary shall, to the greatest extent practicable, en-
sure—
(1) a balance of smaller and larger projects 
conducted with grants under this section; and
610
(2) an equitable geographic distribution of 
projects carried out with grants under this section, 
among all States within which such projects are pro-
posed to be conducted. 
(g) GRANT DURATION.—
(1) IN GENERAL.—Each grant under this sec-
tion shall be to provide funding for the Federal 
share of the cost of a project carried out with the 
grant for up to 2 fiscal years. 
(2) RENEWAL.—(A) If the Secretary, after re-
viewing the reports under subsection (h) regarding a 
control project, finds that the project is making sat-
isfactory progress, the Secretary may renew a grant 
under this section for the project for an additional 
3 fiscal years. 
(B) The Secretary may renew a grant under 
this section to implement the monitoring and main-
tenance plan required for a control project under 
subsection (e)(1)(B) for up to 5 fiscal years after 
the project is otherwise completed. 
(h) REPORTING BY GRANTEE.—
(1) IN GENERAL.—(A) A grantee carrying out 
a control project with a grant under this section 
shall report annually to the Secretary.
611
(B) A State carrying out assessment project 
with a grant under this section shall submit the as-
sessment to the Secretary no later than 24 months 
after the grant is awarded. 
(2) REPORT
CONTENTS.—Each report under 
this subsection shall include the following informa-
tion with respect to each project covered by the re-
port: 
(A) In the case of a control project—
(i) the information described in sub-
paragraphs (B), (D), and (F) of subsection 
(k)(2); and 
(ii) specific information on the meth-
ods and techniques used to control harmful 
nonnative species in the project area, in-
cluding any specific information on the 
methods and techniques used to restore 
native fish, wildlife, or their habitats in the 
project area. 
(B) A detailed report of the funding for 
the grant and the expenditures made.
(i) COST SHARING FOR PROJECTS.—
(1) FEDERAL SHARE.—Except as provided in 
paragraphs (2) and (3), the Federal share of the
612
cost of a project carried out with a grant under this 
section shall not exceed 75 percent of such cost.
(2) INNOVATIVE
TECHNOLOGY
COSTS.—The 
Federal share of the incremental additional cost of 
including in a control project any pilot testing or a 
demonstration of an innovative technology described 
in subsection (e)(2)(E) shall be 85 percent. 
(3) PROJECTS
ON
FEDERAL
LANDS
OR
WA-
TERS.—The Federal share of the cost of the portion 
of a control project funded with a grant under this 
section that is carried out on Federal lands or wa-
ters, including the cost of acquisition by the Federal 
Government of inholdings within Federal lands or 
waters for use for such a project, shall be 100 per-
cent. 
(4) 
APPLICATION
OF
IN-KIND
CONTRIBU-
TIONS.—The Secretary may apply to the non-Fed-
eral share of costs of a control project carried out 
with a grant under this section the fair market value 
of services or any other form of in-kind contribution 
to the project made by non-Federal interests that 
the Secretary determines to be an appropriate con-
tribution equivalent to the monetary amount re-
quired for the non-Federal share of the activity.
613
(5) DERIVATION
OF
NON-FEDERAL
SHARE.—
The non-Federal share of the cost of a control 
project carried out with a grant under this section 
may not be derived from a Federal grant program 
or other Federal funds. 
(j) MONITORING AND MAINTENANCE OF CONTROL 
GRANT PROJECTS.—
(1) REQUIREMENTS.—The Council, in consulta-
tion with the Secretary, shall develop requirements 
for the monitoring and maintenance of a control 
project to ensure that the requirements under sub-
sections (e)(1)(A) and (B) are achieved. 
(2) DATABASE OF GRANT PROJECT INFORMA-
TION.—The Council shall develop and maintain an 
appropriate database of information concerning con-
trol projects carried out with grants under this sub-
section, including information on project techniques, 
project completion, monitoring data, and other rel-
evant information. 
(3) USE OF EXISTING PROGRAMS.—The Council 
shall use existing programs within the Federal Gov-
ernment to create and maintain the database re-
quired under this subsection.
614
(4) PUBLIC AVAILABILITY.—The Council shall 
make the information collected and maintained 
under this subsection available to the public. 
(k) REPORTING BY SECRETARY.—
(1) IN GENERAL.—The Secretary shall, by not 
later than 2 years after the date of the enactment 
of this title and every 2 years thereafter, report to 
the appropriate Committees on the implementation 
of this section. 
(2) REPORT CONTENTS.—A report under para-
graph (1) shall include a biennial assessment of—
(A) trends in the population size and dis-
tribution of harmful nonnative species in the 
project area for each control project carried out 
with a grant under this section, and in the ad-
jacent areas as defined by the Secretary; 
(B) data on the number of acres of native 
fish and wildlife habitat restored, protected, or 
enhanced under this section, including descrip-
tions of, and partners involved with, control 
projects selected, in progress, and completed 
under this section with respect to those acres by 
Federal, State, and local agencies and other en-
tities;
615
(C) trends in the population size and dis-
tribution of native species in the project areas, 
and in adjacent areas as defined by the Sec-
retary; 
(D) an estimate of the long-term success of 
varying conservation techniques used in car-
rying out control projects with grants under 
this section; 
(E) an annual assessment of the status of 
control projects carried out with grants under 
this section, including an accounting of expendi-
tures by Federal, State, regional, and local gov-
ernment agencies and other entities to carry out 
such projects; 
(F) a review of the environmental sound-
ness of the control projects carried out with 
grants under this section; 
(G) a review of efforts made to maintain 
an appropriate database of grants under this 
section; and 
(H) a review of the geographical distribu-
tion of Federal money, matching funds, and in-
kind contributions for control projects carried 
out with grants under this section.
616
(l) COOPERATION OF NON-FEDERAL INTERESTS.—
The Secretary may not make a grant under this section 
for a control project on Federal lands before a non-Fed-
eral interest has entered into a written agreement with 
the Secretary under which the non-Federal interest agrees 
to—
(1) monitor and maintain the control project in 
accordance with the plan required under subsection 
(e)(1)(B); and 
(2) provide any other items of cooperation the 
Secretary considers necessary to carry out the 
project. 
SEC. 7405. CREATION OF A RAPID RESPONSE CAPABILITY 
TO HARMFUL NONNATIVE SPECIES. 
(a) ESTABLISHMENT.—The Secretary may provide fi-
nancial assistance to enable a rapid response to outbreaks 
of harmful nonnative species that are at a stage at which 
rapid eradication or control is possible, and ensure eradi-
cation or immediate control of the harmful nonnative spe-
cies. 
(b) REQUIREMENTS
FOR ASSISTANCE.—The Sec-
retary shall provide assistance under this section, at the 
request of the Governor of a State, to local and State 
agencies or nongovernmental entities for the eradication
617
of an immediate harmful nonnative species threat in the 
State only if—
(1) there is a demonstrated need for the assist-
ance; 
(2) the harmful nonnative species is considered 
to be an immediate threat to native fish, wildlife, or 
their habitats, as determined by the Secretary; and 
(3) the proposed response to such threat—
(A) is technically feasible; and 
(B) minimizes adverse impacts to the 
structure and function of an ecosystem and ad-
verse effects on non-target species and eco-
systems. 
(c) AMOUNT OF FINANCIAL ASSISTANCE.—The Sec-
retary shall determine the amount of financial assistance 
to be provided under this section with respect to an out-
break of a harmful nonnative species, subject to the avail-
ability of appropriations. 
(d) COST SHARE.—The Federal share of the cost of 
any activity carried out with assistance under this section 
may be up to 100 percent. 
(e) MONITORING AND REPORTING.—The Secretary 
shall—
(1) require that persons receiving assistance 
under this section report on activities carried out
618
with such assistance in the same manner as control 
project grantees under section 7404; and 
(2) monitor and report on activities carried out 
with assistance under this section in accordance with 
the requirements that apply with respect to control 
projects carried out with assistance under section 
7404. 
SEC. 7406. RELATIONSHIP TO OTHER AUTHORITIES. 
Nothing in this title affects authorities, responsibil-
ities, obligations, or powers of the Secretary under any 
other statute. 
SEC. 7407. AUTHORIZATION OF APPROPRIATIONS. 
(a) ALDO LEOPOLD NATIVE HERITAGE PROGRAM 
GRANTS.—There is authorized to be appropriated to the 
Secretary to carry out section 7404 $62,000,000 for each 
of fiscal years 2003 through 2008. 
(b) RAPID RESPONSE ASSISTANCE.—There is au-
thorized to be appropriated to the Secretary to carry out 
section 7405 $10,000,000 for each of fiscal years 2003 
through 2008. 
(c) MONITORING.—There is authorized to be appro-
priated to the Secretary to support the Council in its ac-
quisition, maintenance, and management of monitoring 
data on grant projects carried out under this title, 
$3,000,000 for each of fiscal years 2003 through 2008.
619
(d) CONTINUING AVAILABILITY.—Amounts appro-
priated under this title may remain available until ex-
pended. 
(e) ADMINISTRATIVE EXPENSES OF SECRETARY.—
Of amounts available each fiscal year to carry out this 
title, the Secretary may expend not more than 5 percent 
to pay the administrative expenses necessary to carry out 
this title, including such expenses incurred by the Council. 
TITLE V—GATEWAY 
COMMUNITIES
SEC. 7501. SHORT TITLE. 
This title may be cited as the ‘‘Gateway Communities 
Cooperation Act’’. 
SEC. 7502. IMPROVED RELATIONSHIP BETWEEN FEDERAL 
LAND MANAGERS AND GATEWAY COMMU-
NITIES 
TO 
SUPPORT 
COMPATIBLE 
LAND 
MANAGEMENT OF BOTH FEDERAL AND ADJA-
CENT LANDS. 
(a) FINDINGS.—The Congress finds the following: 
(1) Communities that are adjacent to or near 
Federal lands, including units of the National Park 
System, units of the National Wildlife Refuge Sys-
tem, units of the National Forest System, and lands 
administered by the Bureau of Land Management,
620
are vitally impacted by the management and public 
use of these Federal lands. 
(2) These communities, commonly known as 
gateway communities, fulfill an integral part in the 
mission of the Federal lands by providing necessary 
services, such as schools, roads, search and rescue, 
emergency, medical, provisioning, logistical support, 
living quarters, and drinking water and sanitary sys-
tems, for both visitors to the Federal lands and em-
ployees of Federal land management agencies. 
(3) Provision of these vital services by gateway 
communities is an essential ingredient for a mean-
ingful and enjoyable experience by visitors to the 
Federal lands because Federal land management 
agencies are unable to provide, or are prevented 
from providing, these services. 
(4) Gateway communities serve as an entry 
point for persons who visit the Federal lands and 
are ideal for establishment of visitor services, includ-
ing lodging, food service, fuel and auto repairs, 
emergency services, and visitor information. 
(5) Development in these gateway communities 
affect the management and protection of these Fed-
eral lands, depending on the extent to which advance
621
planning for the local development is coordinated be-
tween the communities and Federal land managers. 
(6) The planning and management decisions of 
Federal land managers can have unintended con-
sequences for gateway communities and the Federal 
lands, when the decisions are not adequately commu-
nicated to, or coordinated with, the elected officials 
and residents of gateway communities. 
(7) Experts in land management planning are 
available to Federal land managers, but persons with 
technical planning skills are often not readily avail-
able to gateway communities, particularly small 
gateway communities. 
(8) Gateway communities are often affected by 
the policies and actions of several Federal land agen-
cies and both the communities and the agencies 
would benefit from greater interagency coordination 
of those policies and actions. 
(9) Persuading gateway communities to make 
decisions and undertake actions in their communities 
that would also be in the best interest of the Federal 
lands is most likely to occur when such decision-
making and actions are built upon a foundation of 
cooperation and coordination.
622
(b) PURPOSE.—It is the purpose of this title to re-
quire Federal land managers to communicate, coordinate, 
and cooperate with gateway communities in order to—
(1) improve the relationships among Federal 
land managers, elected officials, and residents of 
gateway communities; 
(2) enhance the facilities and services in gate-
way communities available to visitors to Federal 
lands, when compatible with the management of 
these lands; and 
(3) result in better local land use planning and 
decisions by Federal land managers. 
(c) DEFINITIONS.—In this section: 
(1) GATEWAY COMMUNITY.—The term ‘‘gate-
way community’’ means a county, city, town, village, 
or other subdivision of a State, or a federally recog-
nized American Indian tribe or Alaska Native vil-
lage, that—
(A) is incorporated or recognized in a 
county or regional land use plan; and 
(B) a Federal land manager (or the head 
of the tourism office for the State) determines 
is significantly affected economically, socially, 
or environmentally by planning and manage-
623
ment decisions regarding Federal lands admin-
istered by that Federal land manager. 
(2) FEDERAL
LAND
AGENCIES.—The term 
‘‘Federal land agencies’’ means the National Park 
Service, United States Forest Service, United States 
Fish and Wildlife Service, and the Bureau of Land 
Management. 
(3) FEDERAL
LAND
MANAGER.—The term 
‘‘Federal land manager’’ means—
(A) the superintendent of a unit of the Na-
tional Park System; 
(B) the manager of a national wildlife ref-
uge; 
(C) the field office manager of a Bureau of 
Land Management area; or 
(D) the supervisor of a unit of the Na-
tional Forest System. 
(d) PARTICIPATION
IN FEDERAL PLANNING
AND 
LAND USE.—
(1) PARTICIPATION IN PLANNING.—The Fed-
eral land agencies shall provide for meaningful pub-
lic involvement at the earliest possible time by elect-
ed and appointed officials of governments of local 
gateway communities in the development of land use 
plans, programs, land use regulations, land use deci-
624
sions, transportation plans, general management 
plans, and any other plans, decisions, projects, or 
policies for Federal public lands under the jurisdic-
tion of these agencies that will have a significant im-
pact on these gateway communities. To facilitate 
such involvement, the Federal land agencies shall 
provide these officials, at the earliest possible time, 
with a summary in nontechnical language of the as-
sumptions, purposes, goals, and objectives of such a 
plan, decision, project, or policy and a description of 
any anticipated significant impact of the plan, deci-
sion, or policy on gateway communities. 
(2) EARLY NOTICE OF PROPOSED DECISIONS.—
To the extent practicable, the Federal land agencies 
shall provide local gateway communities with early 
public notice of proposed decisions of these agencies 
that may have a significant impact on gateway com-
munities. 
(3) TRAINING
SESSIONS.—The Federal land 
agencies shall offer training sessions for elected and 
appointed officials of gateway communities at which 
such officials can obtain a better understanding of—
(A) agency planning processes; and 
(B) the methods by which they can partici-
pate most meaningfully in the development of
625
the agency plans, decisions, and policies re-
ferred to in paragraph (1). 
(4) TECHNICAL ASSISTANCE.—At the request of 
the government of a gateway community, a Federal 
land agency shall assign, to the extent practicable, 
an agency employee or contractor to work with the 
community to develop data and analysis relevant to 
the preparation of agency plans, decisions, and poli-
cies referred to in paragraph (1). 
(5) REVIEW OF FEDERAL LAND MANAGEMENT 
PLANNING.—At the request of a gateway commu-
nity, and to the extent practicable, a Federal land 
manager shall assist the gateway community to con-
duct a review of land use, management, or transpor-
tation plans of the Federal land manager likely to 
affect the gateway community. 
(6) COORDINATION OF LAND USE.—To the ex-
tent consistent with the laws governing the adminis-
tration of the Federal public lands, a Federal land 
manager may enter into a cooperative agreement 
with a gateway community to provide for coordina-
tion between—
(A) the land use inventory, planning, and 
management activities for the Federal lands ad-
ministered by the Federal land manager; and
626
(B) the land use planning and manage-
ment activities of other Federal agencies, agen-
cies of the State in which the Federal lands are 
located, and local and tribal governments in the 
vicinity of the Federal lands. 
(7) INTERAGENCY COOPERATION AND COORDI-
NATION.—To the extent practicable, when the plans 
and activities of two or more Federal land agencies 
are anticipated to have a significant impact on a 
gateway community, the Federal land agencies in-
volved shall consolidate and coordinate their plans 
and planning processes to facilitate the participation 
of the gateway community in the planning processes. 
(8) TREATMENT AS COOPERATING AGENCIES.—
When a proposed action is determined to require the 
preparation of an environmental impact statement, 
the Federal land agencies shall, as soon as prac-
ticable, but not later than the scoping process, ac-
tively solicit the participation of gateway commu-
nities as cooperating agencies under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(e) GRANTS TO ASSIST GATEWAY COMMUNITIES.—
(1) GRANTS AUTHORIZED; PURPOSES.—A Fed-
eral land manager may make grants to an eligible
627
gateway community to enable the gateway commu-
nity—
(A) to participate in Federal land planning 
or management processes; 
(B) to obtain professional land use or 
transportation planning assistance necessary as 
a result of Federal action; 
(C) to address and resolve public infra-
structure impacts that are identified through 
these processes as a likely result of the Federal 
land management decisions and for which suffi-
cient funds are not otherwise available; and 
(D) to provide public information and in-
terpretive services about the Federal lands ad-
ministered by the Federal land manager and 
the gateway community. 
(2) ELIGIBLE GATEWAY COMMUNITIES.—To be 
eligible for a grant under this subsection, a gateway 
community may not have a population in excess of 
10,000 persons. 
(f) FUNDING SOURCES.—
(1) GENERAL AGENCY FUNDS.—A Federal land 
agency may use amounts available for the general 
operation of the agency to provide funds to Federal
628
land managers of that agency to make grants under 
subsection (e). 
(2) OTHER PLANNING OR PROJECT DEVELOP-
MENT FUNDS.—Funds available to a Federal land 
manager for planning, construction, or project devel-
opment may also be used to fund programs under 
subsection (d) and make grants under subsection 
(e). 
(3) COMBINATION
OF
FUNDS.—Federal land 
managers from different Federal land agencies may 
combine financial resources to make grants under 
subsection (e). 
TITLE 
VI—CLARIFICATION 
OF 
FAIR MARKET RENTAL VALUE 
DETERMINATIONS FOR PUB-
LIC 
LANDS 
AND 
FOREST 
SERVICE RIGHTS-OF-WAY
SEC. 7601. CLARIFICATION OF FAIR MARKET RENTAL 
VALUE 
DETERMINATIONS 
FOR 
PUBLIC 
LANDS AND FOREST SERVICE RIGHTS-OF-
WAY. 
(a) LINEAR
RIGHTS-OF-WAY
UNDER
FEDERAL 
LAND POLICY AND MANAGEMENT ACT.—Section 504 of 
the Federal Land Policy and Management Act of 1976
629
(43 U.S.C. 1764) is amended by adding at the end the 
following new subsection: 
‘‘(k) DETERMINATION OF FAIR MARKET VALUE OF 
LINEAR
RIGHTS-OF-WAY.—(1) 
Effective 
upon 
the 
issuance of the rules required by paragraph (2), for pur-
poses of subsection (g), the Secretary concerned shall de-
termine the fair market rental for the use of land encum-
bered by a linear right-of-way granted, issued, or renewed 
under this title using the valuation method described in 
paragraphs (2), (3), and (4). 
‘‘(2) Not later than one year after the date of enact-
ment of this subsection, and in accordance with this sub-
section, the Secretary of the Interior shall amend section 
2803.1–2 of title 43, Code of Federal Regulations, as in 
effect on the date of enactment, to revise the per acre rent-
al fee zone value schedule by State, county, and type of 
linear right-of-way use to reflect current values of land 
in each zone. The Secretary of Agriculture shall make the 
same revisions for linear rights-of-way granted, issued, or 
renewed under this title on National Forest System lands. 
‘‘(3) The Secretary concerned shall update annually 
the schedule revised under paragraph (2) by multiplying 
the current year’s rental per acre by the annual change, 
second quarter to the second quarter (June 30 to June 
30) in the Gross National Product Implicit Price Deflator
630
Index published in the Survey of Current Business of the 
Department of Commerce, Bureau of Economic Analysis. 
‘‘(4) Whenever the cumulative change in the index 
referred to in paragraph (3) exceeds 30 percent, or the 
change in the 3-year average of the 1-year Treasury inter-
est rate used to determine per acre rental fee zone values 
exceeds plus or minus 50 percent, the Secretary concerned 
shall conduct a review of the zones and rental per acre 
figures to determine whether the value of Federal land has 
differed sufficiently from the index referred to in para-
graph (3) to warrant a revision in the base zones and rent-
al per acre figures. If, as a result of the review, the Sec-
retary concerned determines that such a revision is war-
ranted, the Secretary concerned shall revise the base zones 
and rental per acre figures accordingly.’’. 
(b) RIGHTS-OF-WAY
UNDER
MINERAL
LEASING 
ACT.—Section 28(l) of the Mineral Leasing Act (30 
U.S.C. 185(l)) is amended by inserting before the period 
at the end the following: ‘‘using the valuation method de-
scribed in section 2803.1–2 of title 43, Code of Federal 
Regulations, as revised pursuant to section 504(k) of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1764(k))’’.
631
TITLE VII—INCREASE IN PEN-
ALTIES FOR VIOLATING FIRE 
REGULATIONS
SEC. 7701. PENALTIES FOR VIOLATION OF PUBLIC LAND 
FIRE REGULATIONS RESULTING IN PROP-
ERTY DAMAGE. 
(a) INCREASED PENALTIES ON INTERIOR LANDS.—
Notwithstanding section 303(a) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1733(a)) or 
section 3 of the Act of August 25, 1916 (16 U.S.C. 3), 
a violation of the rules regulating the use of fire by visitors 
and other users of lands administered by the Bureau of 
Land Management or National Park System lands shall 
be punished by a fine of not less than $1,000 or imprison-
ment for not more than one year, or both, if the violation 
results in damage to public or private property. 
(b) INCREASED PENALTIES ON NATIONAL FOREST 
SYSTEM LANDS.—Notwithstanding the eleventh undesig-
nated paragraph under the heading ‘‘SURVEYING
THE 
PUBLIC LANDS’’ of the Act of June 4, 1897 (16 U.S.C. 
551), a violation of the rules regulating the use of fire 
by visitors and other users of National Forest System 
lands shall be punished by a fine of not less than $1,000 
or imprisonment for not more than one year, or both, if
632
the violation results in damage to public or private prop-
erty. 
(c) USE OF COLLECTED FINES.—Any moneys re-
ceived by the United States as a result of a fine imposed 
for a violation of fire rules applicable to lands adminis-
tered by the Bureau of Land Management, National Park 
System lands, or National Forest System lands shall be 
available to the Secretary of the Interior or the Secretary 
of Agriculture, as the case may be, without further appro-
priation and until expended, for the purpose of conducting 
hazardous fuels reduction activities under the National 
Fire Plan. 
TITLE VIII—USE OF FINES IM-
POSED FOR VIOLATION OF 
FIRE RULES 
SEC. 7801. USE OF COLLECTED FINES. 
Any moneys received by the United States as a result 
of a fine imposed for a violation of fire rules applicable 
to lands administered by the Bureau of Land Manage-
ment, National Park System lands, or National Forest 
System lands shall be available to the Secretary of the In-
terior or the Secretary of Agriculture, as the case may 
be, without further appropriation and until expended, for 
the following purposes:
633
(1) To cover the cost to the United States of 
any improvement, protection, or rehabilitation work 
rendered necessary by the action that resulted in the 
fine. 
(2) To reimburse the affected agency for the 
cost of the response to the action that resulted in 
the fine, including investigations, damage assess-
ments, and legal actions. 
(3) To increase public awareness of rules, regu-
lations, and other requirements regarding the use of 
fire on public lands.
Æ