In the Senate of the United States,
December 7, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 620) entitled ‘‘An Act to authorize the Secretary
of the Interior to provide supplemental funding and other
services that are necessary to assist the State of California
or local educational agencies in California in providing edu-
cational services for students attending schools located within
the Park. ’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
TITLE I—YOSEMITE NATIONAL
PARK AUTHORIZED PAYMENTS.
SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.
(a) IN GENERAL.—(1) For fiscal years 2005 through
2008, the Secretary of the Interior may provide funds to
the Bass Lake Joint Union Elementary School District and
the Mariposa Unified School District in the State of Cali-
fornia for educational services to students—
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(A) who are dependents of persons engaged in the
administration, operation, and maintenance of Yo-
semite National Park; or
(B) who live within or near the park upon real
property owned by the United States.
(2) The Secretary’s authority to make payments under
this section shall terminate if the State of California or
local education agencies do not continue to provide funding
to the schools referred to in subsection (a) at per student
levels that are no less than the amount provided in fiscal
year 2004.
(b) LIMITATION ON USE OF FUNDS.—Payments made
under this section shall only be used to pay public employ-
ees for educational services provided in accordance with
subsection (a). Payments may not be used for construction,
construction contracts, or major capital improvements.
(c) LIMITATION ON AMOUNT OF FUNDS.—Payments
made under this section shall not exceed the lesser of—
(1) $400,000 in any fiscal year; or
(2) the amount necessary to provide students de-
scribed in subsection (a) with educational services
that are normally provided and generally available to
students who attend public schools elsewhere in the
State of California.
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(d) SOURCE OF PAYMENTS.—(1) Except as otherwise
provided in this subsection, the Secretary may use funds
available to the National Park Service from appropriations,
donations, or fees.
(2) Funds from the following sources shall not be used
to make payments under this section:
(A) Any law authorizing the collection or ex-
penditure of entrance or use fees at units of the Na-
tional Park System, including the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et
seq.); the recreational fee demonstration program es-
tablished under section 315 of the Department of the
Interior and Related Agencies Appropriations Act,
1996 (16 U.S.C. 460l–6a note); and the National
Park Passport Program established under section 602
of the National Parks Omnibus Management Act of
1998 (16 U.S.C. 5992).
(B) Emergency appropriations for flood recovery
at Yosemite National Park.
(3)(A) The Secretary may use an authorized funding
source to make payments under this section only if the
funding available to Yosemite National Park from such
source (after subtracting any payments to the school dis-
tricts authorized under this section) is greater than or equal
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to the amount made available to the park for the prior fiscal
year, or in fiscal year 2004, whichever is greater.
(B) It is the sense of Congress that any payments made
under this section should not result in a reduction of funds
to Yosemite National Park from any specific funding
source, and that with respect to appropriated funds, fund-
ing levels should reflect annual increases in the park’s oper-
ating base funds that are generally made to units of the
National Park System.
SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LO-
CATED OUTSIDE THE BOUNDARIES OF YO-
SEMITE NATIONAL PARK.
(a) FUNDING AUTHORITY FOR TRANSPORTATION SYS-
TEMS AND EXTERNAL FACILITIES.—Section 814(c) of the
Omnibus Parks and Public Lands Management Act of 1996
(16 U.S.C. 346e) is amended—
(1) in the heading by inserting ‘‘AND YOSEMITE
NATIONAL PARK’’ after ‘‘ZION NATIONAL PARK’’;
(2) in the first sentence—
(A) by inserting ‘‘and Yosemite National
Park’’ after ‘‘Zion National Park’’; and
(B) by inserting ‘‘for transportation systems
or’’ after ‘‘appropriated funds’’; and
(3) in the second sentence by striking ‘‘facilities’’
and inserting ‘‘systems or facilities’’.
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(b) CLARIFYING AMENDMENT FOR TRANSPORTATION
FEE AUTHORITY.—Section 501 of the National Parks Om-
nibus Management Act of 1998 (16 U.S.C. 5981) is amend-
ed in the first sentence by striking ‘‘service contract’’ and
inserting ‘‘service contract, cooperative agreement, or other
contractual arrangement’’.
TITLE II—RANCHO CORRAL DE
TIERRA GOLDEN GATE NA-
TIONAL 
RECREATION 
AREA
BOUNDARY ADJUSTMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Rancho Corral de Tier-
ra Golden Gate National Recreation Area Boundary Ad-
justment Act’’.
SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA,
CALIFORNIA.
(a) BOUNDARY ADJUSTMENT.—Section 2(a) of Public
Law 92–589 (16 U.S.C. 460bb–1(a)) is amended—
(1) by striking ‘‘The recreation area shall com-
prise’’ and inserting the following:
‘‘(1) INITIAL LANDS.—The recreation area shall
comprise’’; and
(2) by striking ‘‘The following additional lands
are also’’ and all that follows through the period at
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the end of the subsection and inserting the following
new paragraphs:
‘‘(2) ADDITIONAL
LANDS.—In addition to the
lands described in paragraph (1), the recreation area
shall include the following:
‘‘(A) The parcels numbered by the Assessor
of Marin County, California, 119–040–04, 119–
040–05, 119–040–18, 166–202–03, 166–010–06,
166–010–07, 166–010–24, 166–010–25, 119–
240–19, 166–010–10, 166–010–22, 119–240–03,
119–240–51, 119–240–52, 119–240–54, 166–
010–12, 166–010–13, and 119–235–10.
‘‘(B) Lands and waters in San Mateo
County generally depicted on the map entitled
‘Sweeney Ridge Addition, Golden Gate National
Recreation Area’, numbered NRA GG–80,000–A,
and dated May 1980.
‘‘(C) Lands acquired under the Golden Gate
National Recreation Area Addition Act of 1992
(16 U.S.C. 460bb–1 note; Public Law 102–299).
‘‘(D) Lands generally depicted on the map
entitled ‘Additions to Golden Gate National
Recreation Area’, numbered NPS–80–076, and
dated July 2000/PWR–PLRPC.
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‘‘(E) Lands generally depicted on the map
entitled ‘Rancho Corral de Tierra Additions to
the Golden Gate National Recreation Area’,
numbered NPS–80,079E, and dated March 2004.
‘‘(3) ACQUISITION
LIMITATION.—The Secretary
may acquire land described in paragraph (2)(E) only
from a willing seller.’’.
(b) ADVISORY COMMISSION.—Section 5 of Public Law
92–589 (16 U.S.C. 460bb–4) is amended—
(1) by striking subsection (b) and inserting the
following new subsection:
‘‘(b) MEMBERSHIP.—The Commission shall be com-
posed of 18 members appointed by the Secretary for terms
of five years each. In appointing such members, the Sec-
retary shall ensure that the interests of local, historic rec-
reational users of the recreation area are represented.’’; and
(2) in subsection (g), by striking ‘‘cease to exist
thirty years after the enactment of this Act’’ and in-
serting ‘‘terminate on December 31, 2014’’.
SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY
COMMISSION.
Section 105(h) of Public Law 102–248 (16 U.S.C. 461
note) is amended by striking ‘‘10 years after the date of
enactment of this title’’ and inserting ‘‘on December 31,
2013’’.
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TITLE III—OJITO WILDERNESS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Ojito Wilderness Act’’.
SEC. 302. DEFINITIONS.
In this title:
(1) PUEBLO.—The term ‘‘Pueblo’’ means the
Pueblo of Zia.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) STATE.—The term ‘‘State’’ means the State
of New Mexico.
(4) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Ojito Wilderness Act’’ and dated October 1,
2004.
(5) 
WILDERNESS.—The 
term 
‘‘Wilderness’’
means the Ojito Wilderness designated under section
303(a).
SEC. 303. DESIGNATION OF THE OJITO WILDERNESS.
(a) IN GENERAL.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby
designated as wilderness, and, therefore, as a component of
the National Wilderness Preservation System, certain land
in the Albuquerque District-Bureau of Land Management,
New Mexico, which comprise approximately 11,183 acres,
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as generally depicted on the map, and which shall be known
as the ‘‘Ojito Wilderness’’.
(b) MAP AND LEGAL DESCRIPTION.—The map and a
legal description of the Wilderness shall—
(1) be filed by the Secretary with the Committee
on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives as soon as practicable after the date of the
enactment of this Act;
(2) have the same force and effect as if included
in this title, except that the Secretary may correct
clerical and typographical errors in the legal descrip-
tion and map; and
(3) be on file and available for public inspection
in the appropriate offices of the Bureau of Land
Management.
(c) MANAGEMENT OF WILDERNESS.—Subject to valid
existing rights, the Wilderness shall be managed by the Sec-
retary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this title, except that, with respect to the
Wilderness, any reference in the Wilderness Act to the effec-
tive date of the Wilderness Act shall be deemed to be a ref-
erence to the date of the enactment of this Act.
(d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If ac-
quired by the United States, the following land shall become
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part of the Wilderness and shall be managed in accordance
with this title and other laws applicable to the Wilderness:
(1) Section 12 of township 15 north, range 01
west, New Mexico Principal Meridian.
(2) Any land within the boundaries of the Wil-
derness.
(e) MANAGEMENT OF LANDS TO BE ADDED.—The
lands generally depicted on the map as ‘‘Lands to be
Added’’ shall become part of the Wilderness if the United
States acquires, or alternative adequate access is available
to, section 12 of township 15 north, range 01 west.
(f) RELEASE.—The Congress hereby finds and directs
that the lands generally depicted on the map as ‘‘Lands
to be Released’’ have been adequately studied for wilderness
designation pursuant to section 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782) and
no longer are subject to the requirement of section 603(c)
of such Act (43 U.S.C. 1782(c)) pertaining to the manage-
ment of wilderness study areas in a manner that does not
impair the suitability of such areas for preservation as wil-
derness.
(g) GRAZING.—Grazing of livestock in the Wilderness,
where established before the date of the enactment of this
Act, shall be administered in accordance with the provisions
of section 4(d)(4) of the Wilderness Act (16 U.S.C.
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1133(d)(4)) and the guidelines set forth in Appendix A of
the Report of the Committee on Interior and Insular Affairs
to accompany H.R. 2570 of the One Hundred First Con-
gress (H. Rept. 101–405).
(h) FISH
AND WILDLIFE.—As provided in section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth-
ing in this section shall be construed as affecting the juris-
diction or responsibilities of the State with respect to fish
and wildlife in the State.
(i) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as Wilderness by
this title is arid in nature and is generally not
suitable for use or development of new water re-
source facilities; and
(B) because of the unique nature and hy-
drology of the desert land designated as wilder-
ness by this title, it is possible to provide for
proper management and protection of the wilder-
ness and other values of lands in ways different
from those used in other legislation.
(2) STATUTORY CONSTRUCTION.—Nothing in this
title—
(A) shall constitute or be construed to con-
stitute either an express or implied reservation
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by the United States of any water or water
rights with respect to the land designated as wil-
derness by this title;
(B) shall affect any water rights in the
State existing on the date of the enactment of
this Act, including any water rights held by the
United States;
(C) shall be construed as establishing a
precedent with regard to any future wilderness
designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate
compacts or equitable apportionment decrees that
apportion water among and between the State
and other States.
(3) NEW MEXICO WATER LAW.—The Secretary
shall follow the procedural and substantive require-
ments of the law of the State in order to obtain and
hold any water rights not in existence on the date of
enactment of this Act with respect to the wilderness
areas designated by this title.
(4) NEW PROJECTS.—
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(A) WATER RESOURCE FACILITY.—As used
in this subsection, the term ‘‘water resource
facility’’—
(i) means irrigation and pumping fa-
cilities, 
reservoirs, 
water 
conservation
works, aqueducts, canals, ditches, pipelines,
wells, hydropower projects, and trans-
mission and other ancillary facilities, and
other water diversion, storage, and carriage
structures; and
(ii) does not include wildlife guzzlers.
(B) RESTRICTION
ON
NEW
WATER
RE-
SOURCE FACILITIES.—Except as otherwise pro-
vided in this Act, on and after the date of the
enactment of this Act, neither the President nor
any other officer, employee, or agent of the
United States shall fund, assist, authorize, or
issue a license or permit for the development of
any new water resource facility within the wil-
derness area designated by this title.
(j) WITHDRAWAL.—Subject to valid existing rights, the
Wilderness, the lands to be added under subsection (e), and
lands identified on the map as the ‘‘BLM Lands Authorized
to be Acquired by the Pueblo of Zia’’ are withdrawn from—
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(1) all forms of entry, appropriation, and dis-
posal under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(k) EXCHANGE.—Not later than 3 years after the date
of the enactment of this Act, the Secretary shall seek to com-
plete an exchange for State land within the boundaries of
the Wilderness.
SEC. 304. LAND HELD IN TRUST.
(a) IN GENERAL.—Subject to valid existing rights and
the conditions under subsection (d), all right, title, and in-
terest of the United States in and to the lands (including
improvements, appurtenances, and mineral rights to the
lands) generally depicted on the map as ‘‘BLM Lands Au-
thorized to be Acquired by the Pueblo of Zia’’ shall, on re-
ceipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be de-
clared by the Secretary to be held in trust by the United
States for the Pueblo and shall be part of the Pueblo’s Res-
ervation.
(b) DESCRIPTION OF LANDS.—The boundary of the
lands authorized by this section for acquisition by the Pueb-
lo where generally depicted on the map as immediately ad-
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jacent to CR906, CR923, and Cucho Arroyo Road shall be
100 feet from the center line of the road.
(c) CONSIDERATION.—
(1) IN GENERAL.—In consideration for the con-
veyance authorized under subsection (a), the Pueblo
shall pay to the Secretary the amount that is equal
to the fair market value of the land conveyed, as sub-
ject to the terms and conditions in subsection (d), as
determined by an independent appraisal.
(2) APPRAISAL.—To determine the fair market
value, the Secretary shall conduct an appraisal paid
for by the Pueblo that is performed in accordance
with the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(3) AVAILABILITY.—Any amounts paid under
paragraph (1) shall be available to the Secretary,
without further appropriation and until expended, for
the acquisition from willing sellers of land or interests
in land in the State.
(d) PUBLIC ACCESS.—
(1) IN GENERAL.—Subject to paragraph (2), the
declaration of trust and conveyance under subsection
(a) shall be subject to the continuing right of the pub-
lic to access the land for recreational, scenic, sci-
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entific, educational, paleontological, and conservation
uses, subject to any regulations for land management
and the preservation, protection, and enjoyment of the
natural characteristics of the land that are adopted
by the Pueblo and approved by the Secretary; Pro-
vided that the Secretary shall ensure that the rights
provided for in this paragraph are protected and that
a process for resolving any complaints by an ag-
grieved party is established.
(2) CONDITIONS.—Except as provided in sub-
section (f)—
(A) IN GENERAL.—The land conveyed under
subsection (a) shall be maintained as open space,
and the natural characteristics of the land shall
be preserved in perpetuity.
(B) PROHIBITED USES.—The use of motor-
ized vehicles (except on existing roads or as is
necessary for the maintenance and repair of fa-
cilities used in connection with grazing oper-
ations), mineral extraction, housing, gaming,
and other commercial enterprises shall be prohib-
ited within the boundaries of the land conveyed
under subsection (a).
(e) RIGHTS OF WAY.—
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(1) EXISTING RIGHTS OF WAY.—Nothing in this
section shall affect—
(A) any validly issued right-of-way, or the
renewal thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) NEW RIGHTS OF WAY AND RENEWALS.—
(A) IN GENERAL.—The Pueblo shall grant
any reasonable requests for rights-of-way for
utilities and pipelines over land acquired under
subsection (a) that is designated as the Rights-
of-Way corridor #1 as established in the Rio
Puerco Resource Management Plan in effect on
the date of the grant.
(B) ADMINISTRATION.—Any right-of-way
issued or renewed after the date of the enactment
of this Act over land authorized to be conveyed
by this section shall be administered in accord-
ance with the rules, regulations, and fee payment
schedules of the Department of the Interior, in-
cluding the Rio Puerco Resources Management
Plan in effect on the date of issuance or renewal
of the right-of-way.
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(f) JUDICIAL RELIEF.—
(1) IN GENERAL.—To enforce subsection (d), any
person may bring a civil action in the United States
District Court for the District of New Mexico seeking
declaratory or injunctive relief.
(2) SOVEREIGN IMMUNITY.—The Pueblo shall not
assert sovereign immunity as a defense or bar to a
civil action brought under paragraph (1).
(3) EFFECT.—Nothing in this section—
(A) authorizes a civil action against the
Pueblo for money damages, costs, or attorneys
fees; or
(B) except as provided in paragraph (2),
abrogates the sovereign immunity of the Pueblo.
TITLE IV—WIND CAVE NATIONAL
PARK BOUNDARY REVISION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Wind Cave National
Park Boundary Revision Act of 2004’’.
SEC. 402. DEFINITIONS.
In this title:
(1) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Wind Cave National Park Boundary Revision’’,
numbered 108/80,030, and dated June 2002.
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(2) PARK.—The term ‘‘Park’’ means the Wind
Cave National Park in the State.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) STATE.—The term ‘‘State’’ means the State
of South Dakota.
SEC. 403. LAND ACQUISITION.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary may acquire
the land or interest in land described in subsection
(b)(1) for addition to the Park.
(2) MEANS.—An acquisition of land under para-
graph (1) may be made by donation, purchase from
a willing seller with donated or appropriated funds,
or exchange.
(b) BOUNDARY.—
(1) MAP AND ACREAGE.—The land referred to in
subsection (a)(1) shall consist of approximately 5,675
acres, as generally depicted on the map.
(2) AVAILABILITY OF MAP.—The map shall be on
file and available for public inspection in the appro-
priate offices of the National Park Service.
(3) REVISION.—The boundary of the Park shall
be adjusted to reflect the acquisition of land under
subsection (a)(1).
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SEC. 404. ADMINISTRATION.
(a) IN GENERAL.—The Secretary shall administer any
land acquired under section 403(a)(1) as part of the Park
in accordance with laws (including regulations) applicable
to the Park.
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(1) IN GENERAL.—The Secretary shall transfer
from the Director of the Bureau of Land Management
to the Director of the National Park Service adminis-
trative jurisdiction over the land described in para-
graph (2).
(2) MAP AND ACREAGE.—The land referred to in
paragraph (1) consists of the approximately 80 acres
of land identified on the map as ‘‘Bureau of Land
Management land’’.
SEC. 405. GRAZING.
(a) GRAZING PERMITTED.—Subject to any permits or
leases in existence as of the date of acquisition, the Sec-
retary may permit the continuation of livestock grazing on
land acquired under section 403(a)(1).
(b) LIMITATION.—Grazing under subsection (a) shall
be at not more than the level existing on the date on which
the land is acquired under section 403(a)(1).
(c) PURCHASE OF PERMIT OR LEASE.—The Secretary
may purchase the outstanding portion of a grazing permit
or lease on any land acquired under section 403(a)(1).
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(d) TERMINATION OF LEASES OR PERMITS.—The Sec-
retary may accept the voluntary termination of a permit
or lease for grazing on any acquired land.
TITLE 
V—BLUNT 
RESERVOIR
AND 
PIERRE 
CANAL 
LAND
CONVEYANCE
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Blunt Reservoir and
Pierre Canal Land Conveyance Act of 2004’’.
SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL.
(a) DEFINITIONS.—In this section:
(1) BLUNT
RESERVOIR
FEATURE.—The term
‘‘Blunt Reservoir feature’’ means the Blunt Reservoir
feature of the Oahe Unit, James Division, authorized
by the Act of August 3, 1968 (82 Stat. 624), as part
of the Pick-Sloan Missouri River Basin program.
(2) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Commission of Schools and Public Lands
of the State.
(3) NONPREFERENTIAL
LEASE
PARCEL.—The
term ‘‘nonpreferential lease parcel’’ means a parcel of
land that—
(A) was purchased by the Secretary for use
in connection with the Blunt Reservoir feature or
the Pierre Canal feature; and
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(B) was considered to be a nonpreferential
lease parcel by the Secretary as of January 1,
2001, and is reflected as such on the roster of
leases of the Bureau of Reclamation for 2001.
(4) PIERRE CANAL FEATURE.—The term ‘‘Pierre
Canal feature’’ means the Pierre Canal feature of the
Oahe Unit, James Division, authorized by the Act of
August 3, 1968 (82 Stat. 624), as part of the Pick-
Sloan Missouri River Basin program.
(5) PREFERENTIAL
LEASEHOLDER.—The term
‘‘preferential leaseholder’’ means a person or descend-
ant of a person that held a lease on a preferential
lease parcel as of January 1, 2001, and is reflected
as such on the roster of leases of the Bureau of Rec-
lamation for 2001.
(6) PREFERENTIAL LEASE PARCEL.—The term
‘‘preferential lease parcel’’ means a parcel of land
that—
(A) was purchased by the Secretary for use
in connection with the Blunt Reservoir feature or
the Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001,
and is reflected as such on the roster of leases of
the Bureau of Reclamation for 2001.
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(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Com-
missioner of Reclamation.
(8) STATE.—The term ‘‘State’’ means the State
of South Dakota, including a successor in interest of
the State.
(9) UNLEASED
PARCEL.—The term ‘‘unleased
parcel’’ means a parcel of land that—
(A) was purchased by the Secretary for use
in connection with the Blunt Reservoir feature or
the Pierre Canal feature; and
(B) is not under lease as of the date of en-
actment of this Act.
(b) DEAUTHORIZATION.—The Blunt Reservoir feature
is deauthorized.
(c) ACCEPTANCE OF LAND AND OBLIGATIONS.—
(1) IN GENERAL.—As a condition of each convey-
ance under subsections (d)(5) and (e), respectively, the
State shall agree to accept—
(A) in ‘‘as is’’ condition, the portions of the
Blunt Reservoir Feature and the Pierre Canal
Feature that pass into State ownership;
(B) any liability accruing after the date of
conveyance as a result of the ownership, oper-
ation, or maintenance of the features referred to
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in subparagraph (A), including liability associ-
ated with certain outstanding obligations associ-
ated with expired easements, or any other right
granted in, on, over, or across either feature; and
(C) the responsibility that the Commission
will act as the agent for the Secretary in admin-
istering the purchase option extended to pref-
erential leaseholders under subsection (d).
(2) RESPONSIBILITIES OF THE STATE.—An out-
standing obligation described in paragraph (1)(B)
shall inure to the benefit of, and be binding upon, the
State.
(3) OIL, 
GAS, 
MINERAL
AND
OTHER
OUT-
STANDING RIGHTS.—A conveyance to the State under
subsection (d)(5) or (e) or a sale to a preferential
leaseholder under subsection (d) shall be made subject
to—
(A) oil, gas, and other mineral rights re-
served of record, as of the date of enactment of
this Act, by or in favor of a third party; and
(B) any permit, license, lease, right-of-use,
or right-of-way of record in, on, over, or across
a feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
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(4) ADDITIONAL CONDITIONS OF CONVEYANCE TO
STATE.—A conveyance to the State under subsection
(d)(5) or (e) shall be subject to the reservations by the
United States and the conditions specified in section
1 of the Act of May 19, 1948 (chapter 310; 62 Stat.
240), as amended (16 U.S.C. 667b), for the transfer
of property to State agencies for wildlife conservation
purposes.
(d) PURCHASE OPTION.—
(1) IN
GENERAL.—A preferential leaseholder
shall have an option to purchase from the Commis-
sion, acting as an agent for the Secretary, the pref-
erential lease parcel that is the subject of the lease.
(2) TERMS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), a preferential leaseholder may
elect to purchase a parcel on one of the following
terms:
(i) Cash purchase for the amount that
is equal to—
(I) the value of the parcel deter-
mined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 per-
cent of the value of the parcel determined
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under paragraph (4) to be paid on the date
of purchase and the remainder to be paid
over not more than 30 years at 3 percent
annual interest.
(B) VALUE UNDER $10,000.—If the value of
the parcel is under $10,000, the purchase shall be
made on a cash basis in accordance with sub-
paragraph (A)(i).
(3) OPTION EXERCISE PERIOD.—
(A) IN
GENERAL.—A preferential lease-
holder shall have until the date that is 5 years
after enactment of this Act to exercise the option
under paragraph (1).
(B) CONTINUATION OF LEASES.—Until the
date specified in subparagraph (A), a pref-
erential leaseholder shall be entitled to continue
to lease from the Secretary the parcel leased by
the preferential leaseholder under the same terms
and conditions as under the lease, as in effect as
of the date of enactment of this Act.
(4) VALUATION.—
(A) IN
GENERAL.—The value of a pref-
erential lease parcel shall be its fair market
value for agricultural purposes determined by an
independent appraisal, exclusive of the value of
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private improvements made by the leaseholders
while the land was federally owned before the
date of the enactment of this Act, in conformance
with the Uniform Appraisal Standards for Fed-
eral Land Acquisition.
(B) FAIR
MARKET
VALUE.—Any dispute
over the fair market value of a property under
subparagraph (A) shall be resolved in accordance
with section 2201.4 of title 43, Code of Federal
Regulations.
(5) CONVEYANCE TO THE STATE.—
(A) IN GENERAL.—If a preferential lease-
holder fails to purchase a parcel within the pe-
riod specified in paragraph (3)(A), the Secretary
shall convey the parcel to the State of South Da-
kota Department of Game, Fish, and Parks.
(B) WILDLIFE HABITAT MITIGATION.—Land
conveyed under subparagraph (A) shall be used
by the South Dakota Department of Game, Fish,
and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the
development of the Pick-Sloan project.
(6) USE
OF
PROCEEDS.—Proceeds of sales of
land under this title shall be deposited as miscella-
neous funds in the Treasury and such funds shall be
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made available, subject to appropriations, to the State
for the establishment of a trust fund to pay the coun-
ty taxes on the lands received by the State Depart-
ment of Game, Fish, and Parks under the bill.
(e) CONVEYANCE OF NONPREFERENTIAL LEASE PAR-
CELS AND UNLEASED PARCELS.—
(1) CONVEYANCE BY SECRETARY TO STATE.—
(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this Act, the Sec-
retary shall convey to the South Dakota Depart-
ment of Game, Fish, and Parks the nonpref-
erential lease parcels and unleased parcels of the
Blunt Reservoir and Pierre Canal.
(B) WILDLIFE HABITAT MITIGATION.—Land
conveyed under subparagraph (A) shall be used
by the South Dakota Department of Game, Fish,
and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the
development of the Pick-Sloan project.
(2) LAND
EXCHANGES
FOR
NONPREFERENTIAL
LEASE PARCELS AND UNLEASED PARCELS.—
(A) IN GENERAL.—With the concurrence of
the South Dakota Department of Game, Fish,
and Parks, the South Dakota Commission of
Schools and Public Lands may allow a person to
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exchange land that the person owns elsewhere in
the State for a nonpreferential lease parcel or
unleased parcel at Blunt Reservoir or Pierre
Canal, as the case may be.
(B) PRIORITY.—The right to exchange non-
preferential lease parcels or unleased parcels
shall be granted in the following order or pri-
ority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and ad-
jacent landowners for unleased parcels and
nonpreferential lease parcels not exchanged
by current lessees.
(C) EASEMENT
FOR
WATER
CONVEYANCE
STRUCTURE.—As a condition of the exchange of
land of the Pierre Canal Feature under this
paragraph, the United States reserves a per-
petual easement to the land to allow for the right
to design, construct, operate, maintain, repair,
and replace a pipeline or other water conveyance
structure over, under, across, or through the
Pierre Canal feature.
(f) RELEASE FROM LIABILITY.—
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(1) IN GENERAL.—Effective on the date of con-
veyance of any parcel under this title, the United
States shall not be held liable by any court for dam-
ages of any kind arising out of any act, omission, or
occurrence relating to the parcel, except for damages
for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United
States, before the date of conveyance.
(2) NO ADDITIONAL LIABILITY.—Nothing in this
section adds to any liability that the United States
may have under chapter 171 of title 28, United States
Code (commonly known as the ‘‘Federal Tort Claims
Act’’).
(g) REQUIREMENTS CONCERNING CONVEYANCE
OF
LEASE PARCELS.—
(1) INTERIM
REQUIREMENTS.—During the pe-
riod beginning on the date of enactment of this Act
and ending on the date of conveyance of the parcel,
the Secretary shall continue to lease each preferential
lease parcel or nonpreferential lease parcel to be con-
veyed under this section under the terms and condi-
tions applicable to the parcel on the date of enactment
of this Act.
(2) PROVISION OF PARCEL DESCRIPTIONS.—Not
later than 180 days after the date of enactment of this
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Act, the Secretary shall provide the State a full legal
description of all preferential lease parcels and non-
preferential lease parcels that may be conveyed under
this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this title
$750,000 to reimburse the Secretary for expenses incurred
in implementing this title, and such sums as are necessary
to reimburse the Commission for expenses incurred imple-
menting this title, not to exceed 10 percent of the cost of
each transaction conducted under this title.
TITLE VI—HOLLOMAN AIR
FORCE BASE LAND EXCHANGE
SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN
VICINITY OF HOLLOMAN AIR FORCE BASE,
NEW MEXICO.
(a) CONVEYANCE OF PUBLIC LAND.—In exchange for
the land described in subsection (b), the Secretary of the
Interior shall convey to Randal, Jeffrey, and Timothy
Rabon of Otero County, New Mexico (in this section referred
to as the ‘‘Rabons’’), all right, title, and interest of the
United States in and to certain public land administered
by the Secretary through the Bureau of Land Management
consisting of a total of approximately 320 acres, as depicted
on the map entitled ‘‘Alamogordo Rabon Land Exchange’’
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and dated September 24, 2004, and more specifically de-
scribed as follows:
(1) SE1/4 of section 6, township 17 south, range
10 east, New Mexico principal meridian.
(2) N1/2N1/2 of section 7, township 17 south,
range 10 east, New Mexico principal meridian.
(b) CONSIDERATION.—As consideration for the convey-
ance of the real property under subsection (a), the Rabons
shall convey to the United States all right, title, and interest
held by the Rabons in and to three parcels of land depicted
on the map referred to in subsection (a), which consists of
approximately 241 acres, is contiguous to Holloman Air
Force Base, New Mexico, and is located within the required
safety zone surrounding munitions storage bunkers at the
installation. The Secretary shall assume jurisdiction over
the land acquired under this subsection. The three parcels
are more specifically described as follows:
(1) Lot 4 in the S1/2 of section 30, township 16
south, range 9 east, New Mexico principal meridian,
consisting of approximately 17.6 acres.
(2) E1/2SW1/4 of section 31, township 16 south,
range 9 east, New Mexico principal meridian, con-
sisting of approximately 80 acres.
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(3) Lots 1, 2, 3, and 4 of section 31, township
16 south, range 9 east, New Mexico principal merid-
ian, consisting of approximately 143 acres.
(c) INTERESTS INCLUDED IN EXCHANGE.—Subject to
valid existing rights, the land exchange under this section
shall include conveyance of all surface, subsurface, mineral,
and water rights in the lands.
(d) COMPLIANCE WITH EXISTING LAW.—(1) The Sec-
retary shall carry out the land exchange under this section
in the manner provided in section 206 of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1716). Notwith-
standing subsection (b) of such section, if necessary, a cash
equalization payment may be made in excess of 25 percent
of the appraised value the public land to be conveyed under
subsection (a).
(2) The cost of the appraisals performed as part of the
land exchange shall be borne by the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the land exchange under this section as
the Secretary considers appropriate to protect the interests
of the United States.
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TITLE VII—COMMONWEALTH OF
THE NORTHERN MARIANA IS-
LANDS
SEC. 701. COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(a) IN GENERAL.—Section 19(b) of Public Law 99-
396 (48 U.S.C. 1469a–1) is amended by adding at the end
the following: ‘‘Amounts to be covered over pursuant to sec-
tion 703(b) of the Covenant to establish the Commonwealth
of the Northern Mariana Islands shall include the proceeds
of all taxes, fees, and other collections, including on estates
and gifts, derived from the Commonwealth or activities
therein or its inhabitants and residents, with the sole excep-
tion of taxes imposed under chapters 2 and 21 of the Inter-
nal Revenue Code of 1986, as specifically excluded under
703(b) of the Covenant, together with interest on any
amounts not covered over within 1 year of the date of re-
ceipt.’’.
(b) SETTLEMENT.—The Secretary of the Interior shall
review the analysis and methodology submitted by the Com-
monwealth of the Northern Mariana Islands for amounts
due under section 703(b) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Polit-
ical Union with the United States of America (90 Stat.
263) and shall negotiate with the Governor of the Common-
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(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the land described in section 1713.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(6) 
YAVAPAI
RANCH.—The 
term 
‘‘Yavapai
Ranch’’ means the Yavapai Ranch Limited Partner-
ship, an Arizona Limited Partnership, and the
Northern Yavapai, L.L.C., an Arizona Limited Li-
ability Company.
SEC. 1712. LAND EXCHANGE.
(a) IN
GENERAL.—(1) Upon the conveyance by
Yavapai Ranch of title to the non-Federal land identified
in section 1713, the Secretary shall simultaneously convey
to Yavapai Ranch title to the Federal land identified in
section 1714.
(2) Title to the lands to be exchanged shall be in a
form acceptable to the Secretary and Yavapai Ranch.
(3) The Federal and non-Federal lands to be exchanged
under this subtitle may be modified prior to the exchange
as provided in this subtitle.
(4)(A) By mutual agreement, the Secretary and
Yavapai Ranch may make minor and technical corrections
to the maps and legal descriptions of the lands and interests
therein exchanged or retained under this subtitle, including