H. R. 1105—200 
or by private insurance. In no case shall the Secretary make pay-
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for the District of Columbia for counsel in Cobell v. 
Kempthorne. 
SEC. 108. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
federally operated or federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 
SEC. 109. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 
SEC. 110. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, 
or interests therein including the use of all or part of any pier, 
dock, or landing within the State of New York and the State 
of New Jersey, for the purpose of operating and maintaining facili-
ties in the support of transportation and accommodation of visitors 
to Ellis, Governors, and Liberty Islands, and of other program 
and administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 
SEC. 111. Title 43 U.S.C. 1473, as amended by Public Law 
110–161, is further amended by deleting the phrase ‘‘in fiscal year 
2008 only’’ and inserting in lieu thereof ‘‘in fiscal years 2008 and 
2009 only’’. 
SEC. 112. No funds appropriated or otherwise made available 
to the Department of the Interior may be used, in relation to 
any proposal to store water for the purpose of export, for approval 
of any right-of-way or similar authorization on the Mojave National 
Preserve or lands managed by the Needles Field Office of the 
Bureau of Land Management, or for carrying out any activities 
associated with such right-of-way or similar approval. 
SEC. 113. The Secretary of the Interior may enter into coopera-
tive agreements with a State or political subdivision (including 
any agency thereof), or any not-for-profit organization if the agree-
ment will: (1) serve a mutual interest of the parties to the agreement 
in carrying out the programs administered by the Department 
of the Interior; and (2) all parties will contribute resources to 
the accomplishment of these objectives. At the discretion of the 
Secretary, such agreements shall not be subject to a competitive 
process. 
SEC. 114. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District and Ice Age National Scenic Trail 
may be used for a grant to a State, a local government, or any 
other land management entity for the acquisition of lands without 
regard to any restriction on the use of Federal land acquisition
H. R. 1105—201 
funds provided through the Land and Water Conservation Fund 
Act of 1965 as amended. 
SEC. 115. Sections 109 and 110 of the Federal Oil and Gas 
Royalty Management Act (30 U.S.C. 1719 and 1720) shall apply 
to any lease authorizing exploration for or development of coal, 
any other solid mineral, or any geothermal resource on any Federal 
or Indian lands and any lease, easement, right of way, or other 
agreement, regardless of form, for use of the Outer Continental 
Shelf or any of its resources under sections 8(k) or 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 
to the same extent as if such lease, easement, right of way, or 
other agreement, regardless of form, were an oil and gas lease, 
except that in such cases the term ‘‘royalty payment’’ shall include 
any payment required by such lease, easement, right of way or 
other agreement, regardless of form, or by applicable regulation. 
SEC. 116. The Pittsford National Fish Hatchery in Chittenden, 
Vermont is hereby renamed the Dwight D. Eisenhower National 
Fish Hatchery. 
SEC. 117. Section 6 of the Great Sand Dunes National Park 
and Preserve Act of 2000 (16 U.S.C. 410hhh–4) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) ESTABLISHMENT.—(1) When’’ and 
inserting the following: 
‘‘(a) ESTABLISHMENT AND PURPOSE.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—When’’; 
(B) in paragraph (2), by striking ‘‘(2) Such establish-
ment’’ and inserting the following: 
‘‘(B) EFFECTIVE DATE.—The establishment of the refuge 
under subparagraph (A)’’; and 
(C) by adding at the end the following: 
‘‘(2) PURPOSE.—The purpose of the Baca National Wildlife 
Refuge shall be to restore, enhance, and maintain wetland, 
upland, riparian, and other habitats for native wildlife, plant, 
and fish species in the San Luis Valley.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) REQUIREMENTS.—In administering the Baca National 
Wildlife Refuge, the Secretary shall, to the maximum extent 
practicable— 
‘‘(A) emphasize migratory bird conservation; and 
‘‘(B) take into consideration the role of the Refuge 
in broader landscape conservation efforts.’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) subject to any agreement in existence as of the date 
of enactment of this paragraph, and to the extent consistent 
with the purposes of the Refuge, use decreed water rights 
on the Refuge in approximately the same manner that the 
water rights have been used historically.’’.