amount necessary to equalize the values of the
non-Federal lands and the lands to be trans-
ferred out of Federal ownership. However, such
additional federally owned lands shall be limited
to those meeting the criteria for land exchanges
specified in the Targhee National Forest Land
and Resource Management Plan.
(2) PAYMENT OF MONEY.—The values may be
equalized by the payment of money as provided in
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716 (b)).
(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Federal lands’’ means the Fed-
eral lands described in subsection (d).
(2) The term ‘‘non-Federal lands’’ means the
non-Federal lands described in subsection (e).
(3) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Alaska National Interest Lands Con-
servation Act (94 Stat. 2371), enacted on December
2, 1980, established Gates of the Arctic National
Park and Preserve and Gates of the Arctic Wilder-
ness. The Village of Anaktuvuk Pass, located in the
highlands of the central Brooks Range is virtually
surrounded by these national park and wilderness
lands and is the only Native village located within
the boundary of a National Park System unit in
Alaska.
(2) Unlike most other Alaskan Native commu-
nities, the village of Anaktuvuk Pass is not located
on a major river, lake, or coastline that can be used
as a means of access. The residents of Anaktuvuk
pass have relied increasingly on snow machines in
winter and all-terrain vehicles in summer as their
primary means of access to pursue caribou and
other subsistence resources.
(3) In a 1983 land exchange agreement, linear
easements were reserved by the Inupiat Eskimo peo-
ple for use of all-terrain vehicles across certain na-
tional park lands, mostly along stream and river
banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsist-
ence resources while causing excessive environmental
impact from concentrated use.
(4) The National Park Service and the
Nunamiut Corporation initiated discussions in 1985
to address concerns over the use of all-terrain vehi-
cles on park and wilderness land. These discussions
resulted in an agreement, originally executed in
1992 and thereafter amended in 1993 and 1994,
among the National Park Service, Nunamiut Cor-
poration, the City of Anaktuvuk Pass, and Arctic
Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratifi-
cation by the Congress.
(b) RATIFICATION OF AGREEMENT.—
(1) RATIFICATION.—
(A) IN GENERAL.—The terms, conditions,
procedures, covenants, reservations, and other
provisions set forth in the document entitled
‘‘Donation, Exchange of Lands and Interests in
Lands and Wilderness Redesignation Agree-
ment Among Arctic Slope Regional Corpora-
tion, Nunamiut Corporation, City of Anaktuvuk
Pass and the United States of America’’ (here-
inafter referred to in this section as ‘‘the Agree-
ment’’), executed by the parties on December
17, 1992, as amended, are hereby incorporated
in this title, are ratified and confirmed, and set
forth the obligations and commitments of the
United States, Arctic Slope Regional Corpora-
tion, Nunamiut Corporation and the City of
Anaktuvuk Pass, as a matter of Federal law.
(B) LAND ACQUISITION.—Lands acquired
by the United States pursuant to the Agree-
ment shall be administered by the Secretary of
the Interior (hereinafter referred to as the
‘‘Secretary’’) as part of Gates of the Arctic Na-
tional Park and Preserve, subject to the laws
and regulations applicable thereto.
(2) MAPS.—The maps set forth as Exhibits C1,
C2, and D through I to the Agreement depict the
lands subject to the conveyances, retention of sur-
face access rights, access easements and all-terrain
vehicle easements. These lands are depicted in great-
er detail on a map entitled ‘‘Land Exchange Actions,
Proposed Anaktuvuk Pass Land Exchange and Wil-
derness Redesignation, Gates of the Arctic National
Park and Preserve’’, Map No. 185/80,039, dated
April 1994, and on file at the Alaska Regional Office
of the National Park Service and the offices of
Gates of the Arctic National Park and Preserve in
Fairbanks, Alaska. Written legal descriptions of
these lands shall be prepared and made available in
the above offices. In case of any discrepancies, Map
No. 185/80,039 shall be controlling.
(c) NATIONAL PARK SYSTEM WILDERNESS.—
(1) GATES OF THE ARCTIC WILDERNESS.—
(A) REDESIGNATION.—Section 701(2) of
the Alaska National Interest Lands Conserva-
tion Act (94 Stat. 2371, 2417) establishing the
Gates of the Arctic Wilderness is hereby
amended with the addition of approximately
56,825 acres of wilderness and the rescission of
approximately 73,993 acres as wilderness, thus
revising the Gates of the Arctic Wilderness to
approximately 7,034,832 acres.
(B) MAP.—The lands redesignated by sub-
paragraph (A) are depicted on a map entitled
‘‘Wilderness Actions, Proposed Anaktuvuk Pass
Land Exchange and Wilderness Redesignation,
Gates of the Arctic National Park and Pre-
serve’’, Map No. 185/80,040, dated April 1994,
and on file at the Alaska Regional Office of the
National Park Service and the office of Gates
of the Arctic National Park and Preserve in
Fairbanks, Alaska.
(2) NOATAK
NATIONAL
PRESERVE.—Section
201(8)(a) of the Alaska National Interest Land
Conservation Act (94 Stat. 2380) is amended by—
(A) striking ‘‘approximately six million
four hundred and sixty thousand acres’’ and in-
serting 
in 
lieu 
thereof 
‘‘approximately
6,477,168 acres’’; and
(B) inserting ‘‘and the map entitled
‘Noatak National Preserve and Noatak Wilder-
ness Addition’ dated September 1994’’ after
‘‘July 1980’’.
(3) NOATAK WILDERNESS.—Section 701(7) of
the Alaska National Interest Lands Conservation
Act (94 Stat. 2417) is amended by striking ‘‘ap-
proximately five million eight hundred thousand
acres’’ and inserting in lieu thereof ‘‘approximately
5,817,168 acres’’.
(d) CONFORMANCE WITH OTHER LAW.—
(1) ALASKA
NATIVE
CLAIMS
SETTLEMENT
ACT.—All of the lands, or interests therein, conveyed
to and received by Arctic Slope Regional Corporation
or Nunamiut Corporation pursuant to the Agree-
ment shall be deemed conveyed and received pursu-
ant to exchanges under section 22(f) of the Alaska
Native Claims Settlement Act, as amended (43
U.S.C. 1601, 1621(f)). All of the lands or interests
in lands conveyed pursuant to the Agreement shall
be conveyed subject to valid existing rights.
(2) ALASKA NATIONAL INTEREST LANDS CON-
SERVATION ACT.—Except to the extent specifically
set forth in this section or the Agreement, nothing
in this section or in the Agreement shall be con-
strued to enlarge or diminish the rights, privileges,
or obligations of any person, including specifically
the preference for subsistence uses and access to
subsistence resources provided under the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDA-
TION.
(a) DEFINITIONS.—As used in this section:
(1) AGENCY.—The term agency—
(A) means any instrumentality of the Unit-
ed States, and any Government corporation (as
defined in section 9101(1) of title 31, United
States Code); and
(B) includes any element of an agency.
(2) ALASKA NATIVE CORPORATION.—The Term
‘‘Alaska Native Corporation’’ has the same meaning
as is provided for ‘‘Native Corporation’’ in section
3(m) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(m)).
(3) FEDERAL LANDS OR INTEREST THEREIN.—
The term ‘‘Federal lands or interests therein’’
means any lands or properties owned by the United
States (A) which are administered by the Secretary,
or (B) which are subject to a lease to third parties,
or (C) which have been made available to the Sec-
retary for exchange under this section through the
concurrence of the director of the agency administer-
ing such lands or properties: Provided however, That
excluded from such lands shall be those lands which
are within an existing conservation system unit as
defined in section 102(4) of the Alaska National In-
terest Lands Conservation Act (16 U.S.C. 3102(4)),
and those lands the mineral interest for which are
currently under mineral lease.
(4) KONIAG.—The term ‘‘Koniag’’ means
Koniag, Incorporated, which is a regional Corpora-
tion.
(5) REGIONAL CORPORATION.—The term ‘‘Re-
gional Corporation’’ has the same meaning as is pro-
vided in section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g)).
(6) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of the In-
terior.
(7) SELECTION RIGHTS.—The term ‘‘selection
rights’’ means those rights granted to Koniag, and
confirmed as valid selections (within Koniag’s enti-
tlement) pursuant to subsections (a) and (b) of sec-
tion 12, and section 14(h)(8), of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611 and
1613(h)(8)), to receive title to the oil and gas rights
and other interests in the subsurface estate of the
approximately 275,000 acres of public lands in the
State of Alaska identified as ‘‘Koniag Selections’’ on
the map entitled ‘‘Koniag Interest Lands, Alaska
Peninsula’’, dated May 1989.
(b) VALUATION OF KONIAG SELECTION RIGHTS.—
(1) IN GENERAL.—Pursuant to paragraph (2)
of this subsection, the Secretary shall value the Se-
lection Rights which Koniag possesses within the
boundaries of Aniakchak National Monument and
Preserve, Alaska Peninsula National Wildlife Ref-
uge, and Becharof National Wildlife Refuge.
(2) VALUE.—
(A) IN GENERAL.—The value of the selec-
tion rights shall be equal to the fair market
value of—
(i) the oil and gas interests in the
lands or interests in lands that are the
subject of the selection rights; and
(ii) in the case of the lands or inter-
ests in lands for which Koniag is to receive
the entire subsurface estate, the subsurface
estate of the lands or interests in lands
that are the subject of the selection rights.
(B) APPRAISAL.—
(i) SELECTION OF APPRAISER.—
(I) IN GENERAL.—Not later than
90 days after the date of enactment of
this section the Secretary and Koniag
shall meet to select a qualified ap-
praiser to conduct an appraisal of the
selection rights. Subject to subclause
(II), the appraiser shall be selected by
the mutual agreement of the Sec-
retary and Koniag.
(II) FAILURE TO AGREE.—If the
Secretary and Koniag fail to agree on
an appraiser by the date that is 60
days after the date of the initial meet-
ing referred to in subclause (I), the
Secretary and Koniag shall, by the
date that is not later than 90 days
after the date of the initial meeting,
each designate an appraiser who is
qualified to perform the appraisal.
The 2 appraisers so identified shall
select a third qualified appraiser who
shall perform the appraisal.
(ii) STANDARDS
AND
METHODOL-
OGY.—The appraisal shall be conducted in
conformity with the standards of the Ap-
praisal Foundation (as defined in section
1121(9) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of
1989 (12 U.S.C. 3350(9)).
(iii) SUBMISSION OF APPRAISAL RE-
PORT.—Not later than 180 days after the
selection of an appraiser pursuant to
clause (i), the appraiser shall submit to the
Secretary and to Koniag a written ap-
praisal report specifying the value of the
selection rights and the methodology used
to arrive at the value.
(C) DETERMINATION OF VALUE.—
(i) DETERMINATION
BY
THE
SEC-
RETARY.—Not later than 60 days after the
date of the receipt of the appraisal report
under subparagraph (B)(iii), the Secretary
shall determine the value of the selection
rights and shall notify Koniag of the deter-
mination.
(ii) ALTERNATIVE
DETERMINATION
OF VALUE.—
(I) IN
GENERAL.—Subject to
subclause (II), if Koniag does not
agree with the value determined by
the Secretary under clause (i), the
procedures specified in section 206(d)
of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C.
1716(d)) shall be used to establish the
value.
(II) AVERAGE
VALUE
LIMITA-
TION.—The average value per acre of
the selection rights shall not be less
than the value utilizing the risk ad-
justed discount cash flow methodol-
ogy, but in no event may exceed $300.
(c) KONIAG ACCOUNT.—
(1) IN
GENERAL.—(A) The Secretary shall
enter into negotiations for an agreement or agree-
ments to exchange Federal lands or interests therein
which are in the State of Alaska for the Selection
Rights.
(B) If the value of the Federal property to be
exchanged is less than the value of the Selection
Rights established in subsection (b), and if such
Federal property to be exchanged is not generating
receipts to the Federal Government in excess of
$1,000,000 per year, then the Secretary may ex-
change the Federal property for that portion of the
Selection Rights having a value equal to that of the
Federal property. The remaining selection rights
shall remain available for additional exchanges.
(C) For the purposes of any exchange to be
consummated under this section, if less than all the
selection rights are being exchanged, then the value
of the selection rights being exchanged shall be equal
to the number of acres of selection rights being ex-
changed multiplied by a fraction, the numerator of
which is the value of all the selection rights as deter-
mined pursuant to subsection (b) hereof and the de-
nominator of which is the total number of acres of
selection rights.
(2) ADDITIONAL
EXCHANGES.—If, after 10
years from the date of the enactment of this section,
the Secretary was unable to conclude such exchanges
as may be required to acquire all of the selection
rights, he shall conclude exchanges for the remaining
selection rights for such Federal property as may be
identified by Koniag, which property is available for
transfer to the administrative jurisdiction of the Sec-
retary under any provision of law and which prop-
erty, at the time of the proposed transfer to Koniag
is not generating receipts of the Federal Government
in excess of $1,000,000 per year. The Secretary
shall keep Koniag advised in a timely manner as to
which properties may be available for such transfer.
Upon receipt of such identification by Koniag, the
Secretary shall request in a timely manner the
transfer of such identified property to the adminis-
trative jurisdiction of the Department of the Inte-
rior. Such property shall not be subject to the geo-
graphic limitations of section 206(b) of the Federal
Land Policy and Management Act and may be re-
tained by the Secretary solely for purposes of trans-
ferring it to Koniag to complete the exchange.
Should the value of the property so identified by
Koniag be in excess of the value of the remaining se-
lection rights, then Koniag shall have the option of
(A) declining to proceed with the exchange and iden-
tifying other property, or (B) paying the difference
in value between the property rights.
(3) REVENUES.—Any property received by
Koniag in an exchange entered into pursuant to
paragraph (1) or (2) shall be deemed to be an inter-
est in the subsurface for purposes of section 7(i) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.): Provided however, That should Koniag
make a payment to equalize the value in any such
exchange, then Koniag will be deemed to hold an un-
divided interest in the property equal in value to
such payment which interest shall not be subject to
the provisions of section 7(i) of that Act.
(d) AUTHORITY TO APPOINT AND REMOVE TRUST-
EE.—In establishing a Settlement Trust under section 39
of the Alaska Native Claims Settlement Act (43 U.S.C.
1629c), Koniag may delegate, in whole or in part, the au-
thority granted to Koniag under subsection (b)(2) of such
section to any entity that Koniag may select without af-
fecting the status of the trust as a Settlement Trust under
such section.
SEC. 304. SNOWBASIN LAND EXCHANGE ACT.
(a) PURPOSE AND INTENT.—The purpose of this sec-
tion is to authorize and direct the Secretary to exchange
1,320 acres of federally-owned land within the Cache Na-
tional Forest in the State of Utah for lands approximately
equal value owned by the Sun Valley Company. It is the
intent of Congress that this exchange be completed with-
out delay within the period specified by subsection (d).
(b) DEFINITIONS.—As used in this section:
(1) The term ‘‘Sun Valley Company’’ means the
Sun Valley Company, a division of Sinclair Oil Cor-
poration, a Wyoming Corporation, or its successors
or assigns.
(2) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(c) EXCHANGE.—
(1) FEDERAL SELECTED LANDS.—(A) Not later
than 45 days after the final determination of value
of the Federal selected lands, the Secretary shall,
subject to this section, transfer all right, title, and
interest of the United States in and to the lands re-
ferred to in subparagraph (B) to the Sun Valley
Company.
(B) The lands referred to in subparagraph (A)
are certain lands within the Cache National Forest
in the State of Utah comprising 1,320 acres, more
or less, as generally depicted on the map entitled
‘‘Snowbasin Land Exchange—Proposed’’ and dated
October 1995.
(2) NON-FEDERAL
OFFERED
LANDS.—Upon
transfer of the Federal selected lands under para-
graph (1), and in exchange for those lands, the Sun
Valley Company shall simultaneously convey to the
Secretary all right, title and interest of the Sun Val-
ley Company in and to so much of the following of-
fered lands which have been previously identified by
the United States Forest Service as desirable by the
United States, or which are identified pursuant to
subparagraph (E) prior to the transfer of lands
under paragraph (1), as are of approximate equal
value to the Federal selected lands:
(A) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 640 acres and are generally depicted on
a map entitled ‘‘Lightning Ridge Offered
Lands’’, dated October 1995.
(B) Certain lands located within the Cache
National Forest in Weber County, Utah, which
comprise approximately 635 acres and are gen-
erally depicted on a map entitled ‘‘Wheeler
Creek Watershed Offered Lands—Section 2’’
dated October 1995.
(C) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, and lying immediately ad-
jacent to the outskirts of the City of Ogden,
Utah, which comprise approximately 800 acres
and are generally depicted on a map entitled
‘‘Taylor Canyon Offered Lands’’, dated October
1995.
(D) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 2,040 acres and are generally depicted
on a map entitled ‘‘North Fork Ogden River—
Devil’s Gate Valley’’, dated October 1995.
(E) Such additional offered lands in the
State of Utah as may be necessary to make the
values of the lands exchanged pursuant to this
section approximately equal, and which are ac-
ceptable to the Secretary.
(3) SUBSTITUTION
OF
OFFERED
LANDS.—If
one or more of the precise offered land parcels iden-
tified in subparagraphs (A) through (D) of para-
graph (2) is unable to be conveyed to the United
States due to appraisal or other reasons, or if the
Secretary and the Sun Valley Company mutually
agree and the Secretary determines that an alter-
native offered land package would better serve long-
term public needs and objectives, the Sun Valley
Company may simultaneously convey to the United
States alternative offered lands in the State of Utah
acceptable to the Secretary in lieu of any or all of
the lands identified in subparagraphs (A) through
(D) of paragraph (2).
(4) VALUATION AND APPRAISALS.—(A) Values
of the lands to be exchanged pursuant to this section
shall be equal as determined by the Secretary utiliz-
ing nationally recognized appraisal standards and in
accordance with section 206 of the Federal Land
Policy and Management Act of 1976. The appraisal
reports shall be written to Federal standards as de-
fined in the Uniform Appraisal Standards for Fed-
eral Land Acquisitions. If, due to size, location, or
use of lands exchanged under this section, the values
are not exactly equal, they shall be equalized by the
payment of cash equalization money to the Secretary
or the Sun Valley Company as appropriate in ac-
cordance with section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(b)). In order to expedite the consummation of
the exchange directed by this section, the Sun Valley
Company shall arrange and pay for appraisals of the
offered and selected lands by a qualified appraiser
with experience in appraising similar properties and
who is mutually acceptable to the Sun Valley Com-
pany and the Secretary. The appraisal of the Fed-
eral selected lands shall be completed and submitted
to the Secretary for technical review and approval no
later than 120 days after the date of enactment of
this Act, and the Secretary shall make a determina-
tion of value not later than 30 days after receipt of
the appraisal. In the event the Secretary and the
Sun Valley Company are unable to agree to the ap-
praised value of a certain tract or tracts of land, the
appraisal, appraisals, or appraisal issues in dispute
and a final determination of value shall be resolved
through a process of bargaining or submission to ar-
bitration in accordance with section 206(d) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the
Federal selected lands, such appraisal shall—
(i) value the land in its unimproved state,
as a single entity for its highest and best use
as if in private ownership and as of the date of
enactment of this Act;
(ii) consider the Federal lands as an inde-
pendent property as though in the private mar-
ketplace and suitable for development to its
highest and best use;
(iii) consider in the appraisal any encum-
brance on the title anticipated to be in the con-
veyance to Sun Valley Company and reflect its
effect on the fair market value of the property;
and
(iv) not reflect any enhancement in value
to the Federal selected lands based on the exist-
ence of private lands owned by the Sun Valley
Company in the vicinity of the Snowbasin Ski
Resort, and shall assume that private lands
owned by the Sun Valley Company are not
available for use in conjunction with the Fed-
eral selected lands.
(d) GENERAL PROVISIONS RELATING TO THE EX-
CHANGE.—
(1) IN GENERAL.—The exchange authorized by
this section shall be subject to the following terms
and conditions:
(A) RESERVED
RIGHTS-OF-WAY.—In any
deed issued pursuant to subsection (c)(1), the
Secretary shall reserve in the United States a
right of reasonable access across the conveyed
property for public access and for administra-
tive purposes of the United States necessary to
manage adjacent federally-owned lands. The
terms of such reservation shall be prescribed by
the Secretary within 30 days after the date of
the enactment of this Act.
(B) RIGHT OF RESCISSION.—This section
shall not be binding on either the United States
or the Sun Valley Company if, within 30 days
after the final determination of value of the
Federal selected lands, the Sun Valley Company
submits to the Secretary a duly authorized and
executed resolution of the Company stating its
intention not to enter into the exchange author-
ized by this section.
(2) WITHDRAWAL.—Subject to valid existing
rights, effective on the date of enactment of this Act,
the Federal selected lands described in subsection
(c)(1) and all National Forest System lands cur-
rently under special use permit to the Sun Valley
Company at the Snowbasin Ski Resort are hereby
withdrawn from all forms of appropriation under the
public land laws (including the mining laws) and
from disposition under all laws pertaining to mineral
and geothermal leasing.
(3) DEED.—The conveyance of the offered
lands to the United States under this section shall
be by general warranty or other deed acceptable to
the Secretary and in conformity with applicable title
standards of the Attorney General of the United
States.
(4) STATUS OF LANDS.—Upon acceptance of
title by the Secretary, the land conveyed to the Unit-
ed States pursuant to this section shall become part
of the Wasatch or Cache National Forests as appro-
priate, and the boundaries of such National Forests
shall be adjusted to encompass such lands. Once
conveyed, such lands shall be managed in accordance
with the Act of March 1, 1911, as amended (com-
monly known as the ‘‘Weeks Act’’), and in accord-
ance with the other laws, rules and regulations ap-
plicable to National Forest System lands. This para-
graph does not limit the Secretary’s authority to ad-
just the boundaries pursuant to section 11 of the
Act of March 1, 1911 (‘‘Weeks Act’’). For the pur-
poses of section 7 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–9), the
boundaries of the Wasatch and Cache National For-
ests, as adjusted by this section, shall be considered
to be boundaries of the forests as of January 1,
1965.
(e) PHASE FACILITY CONSTRUCTION
AND OPER-
ATION.—
(1) PHASE I FACILITY FINDING AND REVIEW.—
(A) The Congress has reviewed the Snowbasin Ski
Area Master Development Plan dated October 1995
(hereafter in this subsection referred to as the
‘‘Master Plan’’). On the basis of such review, and re-
view of previously completed environmental and
other resource studies for the Snowbasin Ski Area,
Congress hereby finds that the ‘‘Phase I’’ facilities
referred to in the Master Plan to be located on Na-
tional Forest System land after consummation of the
land exchange directed by this section are limited in
size and scope, are reasonable and necessary to ac-
commodate the 2002 Olympics, and in some cases
are required to provide for the safety of skiing com-
petitors and spectators.
(B) Within 60 days after the date of enactment
of this Act, the Secretary and the Sun Valley Com-
pany shall review the Master Plan insofar as such
plan pertains to Phase I facilities which are to be
constructed and operated wholly or partially on Na-
tional Forest System lands retained by the Secretary
after consummation of the land exchange directed by
this section. The Secretary may modify such Phase
I facilities upon mutual agreement with the Sun Val-
ley Company or by imposing conditions pursuant to
paragraph (2) of this subsection.
(C) Within 90 days after the date of enactment
of this Act, the Secretary shall submit the reviewed
Master Plan on the Phase I facilities, including any
modifications made thereto pursuant to subpara-
graph (B), to the Committee on Energy and Natural
Resources of the United States Senate and the Com-
mittee on Resources of the United States House of
Representatives for a 30-day review period. At the
end of the 30-day period, unless otherwise directed
by Act of Congress, the Secretary may issue all nec-
essary authorizations for construction and operation
of such facilities or modifications thereof in accord-
ance with the procedures and provisions of para-
graph (2) of this subsection.
(2) PHASE I FACILITY APPROVAL, CONDITIONS,
AND TIMETABLE.—Within 120 days of receipt of an
application by the Sun Valley Company to authorize
construction and operation of any particular Phase
I facility, facilities, or group of facilities, the Sec-
retary, in consultation with the Sun Valley Com-
pany, shall authorize construction and operation of
such facility, facilities, or group of facilities, subject
to the general policies of the Forest Service pertain-
ing to the construction and operation of ski area fa-
cilities on National Forest System lands and subject
to reasonable conditions to protect National Forest
System resources. In providing authorization to con-
struct and operate a facility, facilities, or group of
facilities, the Secretary may not impose any condi-
tion that would significantly change the location,
size, or scope of the applied for Phase I facility un-
less—
(A) the modification is mutually agreed to
by the Secretary and the Sun Valley Company;
or
(B) the modification is necessary to protect
health and safety.
Nothing in this subsection shall be construed to af-
fect the Secretary’s responsibility to monitor and as-
sure compliance with the conditions set forth in the
construction and operation authorization.
(3) CONGRESSIONAL
DIRECTIONS.—Notwith-
standing any other provision of law, Congress finds
that consummation of the land exchange directed by
this section and all determinations, authorizations,
and actions taken by the Secretary pursuant to this
section pertaining to Phase I facilities on National
Forest System lands, or any modifications thereof,
to be nondiscretionary actions authorized and di-
rected by Congress and hence to comply with all pro-
cedural and other requirements of the laws of the
United States. Such determinations, authorizations,
and actions shall not be subject to administrative or
judicial review.
(f) 
NO
PRECEDENT.—Nothing 
in 
subsection
(c)(4)(B) of this section relating to conditions or limita-
tions on the appraisal of the Federal lands, or any provi-
sion of subsection (e), relating to the approval by the Con-
gress or the Forest Service of facilities on National Forest
System lands, shall be construed as a precedent for subse-
quent legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) FINDINGS.—Congress finds that:
(1) The Weyerhaeuser Company has offered to
the United States Government an exchange of lands
under which Weyerhaeuser would receive approxi-
mately 48,000 acres of Federal land in Arkansas
and Oklahoma and all mineral interests and oil and
gas interests pertaining to these exchanged lands in
which the United States Government has an interest
in return for conveying to the United States lands
owned by Weyerhaeuser consisting of approximately
181,000 acres of forested wetlands and other forest
land of public interest in Arkansas and Oklahoma
and all mineral interests and all oil and gas interests
pertaining to 48,000 acres of these 181,000 acres of
exchanged lands in which Weyerhaeuser has an in-
terest, consisting of—
(A) certain lands in Arkansas (Arkansas
Ouachita lands) located near Poteau Mountain,
Caney Creek Wilderness, Lake Ouachita, Little
Missouri Wild and Scenic River, Flatside Wil-
derness and the Ouachita National Forest;
(B) certain lands in Oklahoma (Oklahoma
lands) located near the McCurtain County Wil-
derness, the Broken Bow Reservoir, the Glover
River, and the Ouachita National Forest; and
(C) certain lands in Arkansas (Arkansas
Cossatot lands) located on the Little and
Cossatot Rivers and identified as the ‘‘Pond
Creek Bottoms’’ in the Lower Mississippi River
Delta section of the North American Waterfowl
Management Plan;
(2) acquisition of the Arkansas Cossatot lands
by the United States will remove the lands in the
heart of a critical wetland ecosystem from sustained
timber production and other development;
(3) the acquisition of the Arkansas Ouachita
lands and the Oklahoma lands by the United States
for administration by the Forest Service will provide
an opportunity for enhancement of ecosystem man-
agement of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Okla-
homa lands have outstanding wildlife habitat and
important recreational values and should continue to
be made available for activities such as public hunt-
ing, fishing, trapping, nature observation, enjoy-
ment, education, and timber management whenever
these activities are consistent with applicable Fed-
eral laws and land and resource management plans;
these lands, especially in the riparian zones, also
harbor endangered, threatened and sensitive plants
and animals and the conservation and restoration of
these areas are important to the recreational and
educational public uses and will represent a valuable
ecological resource which should be conserved;
(5) the private use of the lands the United
States will convey to Weyerhaeuser will not conflict
with established management objectives on adjacent
Federal lands;
(6) the lands the United States will convey to
Weyerhaeuser as part of the exchange described in
paragraph (1) do not contain comparable fish, wild-
life, or wetland values;
(7) the values of all lands, mineral interests,
and oil and gas interests to be exchanged between
the United States and Weyerhaeuser are approxi-
mately equal in value; and
(8) the exchange of lands, mineral interests,
and oil and gas interests between Weyerhaeuser and
the United States is in the public interest.
(b) PURPOSE.—The purpose of this section is to au-
thorize and direct the Secretary of the Interior and the
Secretary of Agriculture, subject to the terms of this title,
to complete, as expeditiously as possible, an exchange of
lands, mineral interests, and oil and gas interests with
Weyerhaeuser that will provide environmental, land man-
agement, recreational, and economic benefits to the States
of Arkansas and Oklahoma and to the United States.
(c) DEFINITIONS.—As used in this section:
(1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean
the surface estate and any other interests therein ex-
cept for mineral interests and oil and gas interests.
(2) MINERAL INTERESTS.—The term ‘‘mineral
interests’’ means geothermal steam and heat and all
metals, ores, and minerals of any nature whatsoever,
except oil and gas interests, in or upon lands subject
to this title including, but not limited to, coal, lig-
nite, peat, rock, sand, gravel, and quartz.
(3) OIL AND GAS INTERESTS.—The term ‘‘oil
and gas interests’’ means all oil and gas of any na-
ture, including carbon dioxide, helium, and gas
taken from coal seams (collectively ‘‘oil and gas’’).
(4) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of the Interior and the Sec-
retary of Agriculture.
(5) 
WEYERHAEUSER.—The 
term
‘‘Weyerhaeuser’’ means Weyerhaeuser Company, a
company incorporated in the State of Washington.
(d) EXCHANGE OF LANDS AND MINERAL INTER-
EST.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law,
within 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall convey to
Weyerhaeuser, subject to any valid existing rights,
approximately 20,000 acres of Federal lands and
mineral interests in the State of Arkansas and ap-
proximately 28,000 acres of Federal lands and min-
eral interests in the State of Oklahoma as depicted
on maps entitled ‘‘Arkansas-Oklahoma Land Ex-
change—Federal Arkansas and Oklahoma Lands,’’
dated February 1996 and available for public inspec-
tion in appropriate offices of the Secretaries.
(2) OFFER AND ACCEPTANCE OF LANDS.—The
Secretary of Agriculture shall make the conveyance
to Weyerhaeuser if Weyerhaeuser conveys deeds of
title to the United States, subject to limitations and
the reservation described in subsection (e) and which
are acceptable to and approved by the Secretary of
Agriculture to the following—
(A) approximately 115,000 acres of lands
and mineral interests in the State of Oklahoma,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Okla-
homa Lands,’’ dated February 1996 and avail-
able for public inspection in appropriate offices
of the Secretaries;
(B) approximately 41,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Ouachita Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries; and
(C) approximately 25,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Cossatot Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries.
(e) EXCHANGE OF OIL AND GAS INTERESTS.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, at
the same time as the exchange for land and mineral
interests is carried out pursuant to this section, the
Secretary of Agriculture shall exchange all Federal
oil and gas interests, including leases and other
agreements, in the lands described in subsection
(d)(1) for equivalent oil and gas interests, including
existing leases and other agreements, owned by
Weyerhaeuser in the lands described in subsection
(d)(2).
(2) RESERVATION.—In addition to the ex-
change of oil and gas interests pursuant to para-
graph (1), Weyerhaeuser shall reserve oil and gas in-
terests in and under the lands depicted for reserva-
tion upon a map entitled Arkansas-Oklahoma Land
Exchange—Weyerhaeuser Oil and Gas Interest Res-
ervation Lands, dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries. Such reservation shall be subject to the
provisions of this title and the form of such reserva-
tion shall comply with the jointly agreed to Memo-
randum of Understanding between the Forest Serv-
ice and Weyerhaeuser dated March 27, 1996 and on
file with the Office of the Chief of the Forest Service
in Washington, D.C. and with the Committee on En-
ergy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives.
(f) GENERAL PROVISIONS.—
(1) MAPS CONTROLLING.—The acreage cited in
this section is approximate. In the case of a discrep-
ancy between the description of lands, mineral inter-
ests, or oil and gas interests to be exchanged pursu-
ant to subsections (d) and (e) and the lands, mineral
interests, or oil and gas interests depicted on a map
referred to in such subsection, the map shall control.
The maps referenced in this section shall be subject
to such minor corrections as may be agreed upon by
the Secretaries and Weyerhaeuser so long as the
Secretary of Agriculture notifies the Committee on
Energy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives of any such
minor corrections.
(2) FINAL
MAPS.—Not later than 180 days
after the conclusion of the exchange required by sub-
sections (d) and (e), the Secretaries shall transmit
maps accurately depicting the lands, mineral inter-
ests, and oil and gas interests conveyed and trans-
ferred pursuant to this section and the acreage and
boundary descriptions of such lands, mineral inter-
ests, and oil and gas interests to the Committee on
Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives.
(3) CANCELLATION.—If, before the exchange
has been carried out pursuant to subsections (d) and
(e), Weyerhaeuser provides written notification to
the Secretaries that Weyerhauser no longer intends
to complete the exchange, with respect to the lands,
mineral interests, and oil and gas interests that
would otherwise be subject to exchange, the status
of such lands, mineral interests, and oil and gas in-
terests shall revert to the status of such lands, min-
eral interests, and oil and gas interests as of the day
before the date of enactment of this Act and shall
be managed in accordance with applicable law and
management plans.
(4) WITHDRAWAL.—Subject to valid existing
rights, the land and interests therein depicted for
conveyance to Weyerhauser on the maps referenced
in subsections (d) and (e) are withdrawn from all
forms of entry and appropriation under the public
land laws (including the mining laws) and from the
operation of mineral leasing and geothermal steam
leasing laws effective upon the date of the enactment
of this title. Such withdrawal shall terminate 45
days after completion of the exchange provided for
in subsections (d) and (e) or on the date of notifica-
tion by Weyerhauser of a decision not to complete
the exchange.
(g) NATIONAL FOREST SYSTEM.—
(1) ADDITION
TO
THE
SYSTEM.—Upon ap-
proval and acceptance of title by the Secretary of
Agriculture, the 156,000 acres of land conveyed to
the United States pursuant to subsection (d)(2) (A)
and (B) of this section shall be subject to the Act
of March 1, 1911 (commonly known as the Weeks
Law) (36 Stat. 961, as amended), and shall be ad-
ministered by the Secretary of Agriculture in accord-
ance with the laws and regulations pertaining to the
National Forest System.
(2) PLAN
AMENDMENTS.—No later than 12
months after the completion of the exchange re-
quired by this section, the Secretary of Agriculture
shall begin the process to amend applicable land and
resource management plans with public involvement
pursuant to section 6 of the Forest and Rangeland
Renewable Resource Planning Act of 1974, as
amended by the National Forest Management Act of
1976 (16 U.S.C. 1604): Provided, That no amend-
ment or revision of applicable land and resource
management plans shall be required prior to comple-
tion of the amendment process required by this
paragraph for the Secretary of Agriculture to au-
thorize or undertake activities consistent with forest
wide standards and guidelines and all other applica-
ble laws and regulations on lands conveyed to the
United States pursuant to subsection (d)(2) (A) and
(B).
(h) OTHER.—
(1) ADDITION
TO
THE
NATIONAL
WILDLIFE
REFUGE
SYSTEM.—Once acquired by the United
States, the 25,000 acres of land identified in sub-
section (d)(2)(C), the Arkansas Cossatot lands, shall
be managed by the Secretary of the Interior as a
component of the Cossatot National Wildlife Refuge
in accordance with the National Wildlife Refuge Sys-
tem Administration Act of 1996 (16 U.S.C. 668dd–
668ee).
(2) PLAN
PREPARATION.—Within 24 months
after the completion of the exchange required by this
section, the Secretary of the Interior shall prepare
and implement a single refuge management plan for
the Cossatot National Wildlife Refuge, as expanded
by this title. Such plans shall recognize the impor-
tant public purposes served by the nonconsumptive
activities, other recreational activities, and wildlife-
related public use, including hunting, fishing, and
trapping. The plan shall permit, to the maximum ex-
tent practicable, compatible uses to the extent that
they are consistent with sound wildlife management
and in accordance with the National Wildlife Refuge
System Administration Act of 1996 (16 U.S.C.
668dd–668ee) and other applicable laws. Any regu-
lations promulgated by the Secretary of the Interior
with respect to hunting, fishing, and trapping on
those lands shall, to the extent practicable, be con-
sistent with State fish and wildlife laws and regula-
tions. In preparing the management plan and regu-
lations, the Secretary of the Interior shall consult
with the Arkansas Game and Fish Commission.
(3) INTERIM USE OF LANDS.—
(A) IN GENERAL.—Except as provided in
paragraph (2) during the period beginning on
the date of the completion of the exchange of
lands required by this section and ending on the
first date of the implementation of the plan pre-
pared under paragraph (2), the Secretary of the
Interior shall administer all lands added to the
Cossatot National Wildlife Refuge pursuant to
this title in accordance with the National Wild-
life Refuge System Administration Act of 1966
(16 U.S.C. 668dd–668ee) and other applicable
laws.
(B) HUNTING SEASONS.—During the pe-
riod described in subparagraph (A), the dura-
tion of any hunting season on the lands de-
scribed in paragraph (1) shall comport with the
applicable State law.
(i) OUACHITA NATIONAL FOREST BOUNDARY AD-
JUSTMENT.—Upon acceptance of title by the Secretary of
Agriculture of the lands conveyed to the United States
pursuant to subsection (d)(2) (A) and (B), the boundaries
of the Ouachita National Forest shall be adjusted to en-
compass those lands conveyed to the United States gen-
erally depicted on the appropriate maps referred to in sub-
section (d). Nothing in this subsection shall limit the au-
thority of the Secretary of Agriculture to adjust the
boundary pursuant to section 11 of the Weeks Law of
March 1, 1911. For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9), the boundaries of the Ouachita National Forest,
as adjusted by this section, shall be considered to be the
boundaries of the Forest as of January 1, 1965.
(j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later
than 180 days after the date of enactment of this title,
the Secretary of Agriculture shall prepare a boundary de-
scription of the lands depicted on the map(s) referred to
in subsection (d)(2) (A) and (B). Such map(s) and bound-
ary description shall have the same force and effect as if
included in this Act, except that the Secretary of Agri-
culture may correct clerical and typographical errors.
100
SEC. 306. BIG THICKET NATIONAL PRESERVE.
(a) EXTENSION.—The last sentence of subsection (d)
of the first section of the Act entitled ‘‘An Act to authorize
the establishment of the Big Thicket National Preserve
in the State of Texas, and for other purposes’’, approved
October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ‘‘two years after date of enactment’’ and in-
serting ‘‘five years after the date of enactment’’.
(b) INDEPENDENT APPRAISAL.—Subsection (d) of
the first section of such Act (16 U.S.C. 698(d)) is further
amended by adding at the end the following: ‘‘The Sec-
retary, in considering the values of the private lands to
be exchanged under this subsection, shall consider inde-
pendent appraisals submitted by the owners of the private
lands.’’
(c) LIMITATION.—Subsection (d) of the first section
of such Act (16 U.S.C. 698(d)), as amended by subsection
(b), is further amended by adding at the end the following:
‘‘The authority to exchange lands under this subsection
shall expire on July 1, 1998.’’.
(d) REPORTING REQUIREMENT.—Not later than 6
months after the date of the enactment of this Act and
every 6 months thereafter until the earlier of the con-
summation of the exchange of July 1, 1998, the Secretary
of the Interior and the Secretary of Agriculture shall each
submit a report to the Committee on Resources of the
101
House of Representatives and the Committee on Energy
and Natural Resources of the Senate concerning the
progress in consummating the land exchange authorized
by the amendments made by the Big Thicket National
Preserve Addition Act of 1993 (Public Law 103–46).
(e) 
LAND
EXCHANGE
IN
LIBERTY
COUNTY,
TEXAS.—If, within one year after the date of the enact-
ment of this Act—
(1) the owners of the private lands described in
subsection (f)(1) offer to transfer all their right,
title, and interest in and to such lands to the Sec-
retary of the Interior, and
(2) Liberty County, Texas, agrees to accept the
transfer of the Federal lands described in subsection
(f)(2),
the Secretary shall accept such offer of private lands and,
in exchange and without additional consideration, transfer
to Liberty County, Texas, all right, title, and interest of
the United States in and to the Federal lands described
in subsection (f)(2).
(f) LANDS DESCRIBED.—
(1) PRIVATE
LANDS.—The private lands de-
scribed in this paragraph are approximately 3.76
acres of lands located in Liberty County, Texas, as
102
generally depicted on the map entitled ‘‘Big Thicket
Lake Estates Access—Proposed’’.
(2) FEDERAL LANDS.—The Federal lands de-
scribed in this paragraph are approximately 2.38
acres of lands located in Menard Creek Corridor
Unit of the Big Thicket National Preserve, as gen-
erally depicted on the map referred to in paragraph
(1).
(g) ADMINISTRATION OF LANDS ACQUIRED BY THE
UNITED STATES.—The lands acquired by the Secretary
under subsection (e) shall be added to and administered
as part of the Menard Creek Corridor Unit of the Big
Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) LAND EXCHANGE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’) shall—
(A) acquire by exchange certain land and
interests in land owned by R–Y Timber, Inc.,
and its affiliates, successors, and assigns (re-
ferred to in this section as the ‘‘Corporation’’),
located in the Lost Creek and Twin Lakes
areas of the Beaverhead-Deerlodge National
Forest, Montana; and
103
(B)(i) convey certain land and interests in
land owned by the United States and located in
the Beaverhead-Deerlodge National Forest and
the Gallatin National Forest, Montana, to the
Corporation; and
(ii) grant the right to harvest timber on
land in the Beaverhead-Deerlodge National
Forest and the Gallatin National Forest as
specified in the document under paragraph (4).
(2) OFFER AND ACCEPTANCE OF LAND.—
(A) NON-FEDERAL LAND.—If the Corpora-
tion offers to convey to the United States fee
title that is acceptable to the Secretary to ap-
proximately 17,567 acres of land owned by the
Corporation and available for exchange, as de-
picted on the map entitled ‘‘R–Y/Forest Service
Land Exchange Proposal’’, dated June 1996,
and described in the document under paragraph
(4), the Secretary shall accept a warranty deed
to the land.
(B) FEDERAL LAND.—
(i) CONVEYANCE.—On acceptance of
title to the Corporation’s land under sub-
paragraph (A) and on the effective date of
104
the document under paragraph (4), the
Secretary shall—
(I) convey to the Corporation,
subject to valid existing rights, by ex-
change deed, fee title to approximately
7,185 
acres 
in 
the 
Beaverhead-
Deerlodge National Forest; and
(II) grant to the Corporation the
right 
to 
harvest 
approximately
6,200,000 board feet of timber on cer-
tain land in the Beaverhead-Deerlodge
National Forest and approximately
4,000,000 board feet of timber on cer-
tain land in the Gallatin National
Forest, collectively referred to as the
harvest volume, as depicted on the
map described in subparagraph (A)
and subject to the terms and condi-
tions stated in the document under
paragraph (4).
(3) TIMBER HARVESTING.—
(A) IN GENERAL.—The timber harvest vol-
ume described in paragraph (2)(B)(i)(II) is in
addition to, and is not intended as an offset
against, the present or future planned timber
105
sale program for the Beaverhead-Deerlodge Na-
tional Forest or the Gallatin National Forest,
so long as the allowable sale quantity for each
national forest, respectively, is not exceeded for
the planning period.
(B) SBA SHARE.—The Forest Service
shall not reduce its Small Business Administra-
tion share of timber sale set-aside offerings in
the Beaverhead-Deerlodge National Forest or
the Gallatin National Forest by reason of the
land exchange under this subsection.
(C) MINIMUM
AND
MAXIMUM
ANNUAL
HARVESTS.—
(i) IN
GENERAL.—Subject to clause
(ii)—
(I) not less than 20 nor more
than 30 percent of the timber de-
scribed in paragraph (2)(B)(i)(II)
shall be made available by the end of
each fiscal year over a 4- or 5-year
period beginning with the first fiscal
year that begins after the date of en-
actment of this Act; and
(II) the Corporation shall be al-
lowed at least 3 years after the end of
106
each fiscal year in which to complete
the harvest of timber made available
for that fiscal year.
(ii) EXCEPTIONAL CIRCUMSTANCES.—
The timber harvest volumes specified in
clause (i) shall not be required in the case
of the occurrence of exceptional cir-
cumstances identified in the agreement
under paragraph (4). In the case of such
an occurrence that results in the making
available of less than 20 percent of the
timber for any fiscal year, the Secretary
shall provide compensation of equal value
to the Corporation in a form provided for
in the agreement under paragraph (4).
(4) LAND
EXCHANGE
SPECIFICATION
AGREE-
MENT.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, a document entitled ‘‘R–
Y/Forest Service Land Exchange Specifica-
tions’’ shall be jointly developed and agreed to
by the Corporation and the Secretary.
(B) DESCRIPTIONS OF LANDS TO BE EX-
CHANGED.—The document under subparagraph
(A) shall define the non-Federal and Federal
107
lands and interests in land to be exchanged and
include legal descriptions of the lands and inter-
ests in land and an agreement to harvest timber
on National Forest System land in accordance
with the standard timber contract specifica-
tions, section 251.14 of title 36, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this Act), and any other pertinent
conditions.
(C) SUBMISSION TO CONGRESS.—The doc-
ument under subparagraph (A)—
(i) upon its completion shall be sub-
mitted to the Committee on Energy and
Natural Resources of the Senate and the
Committee on Resources of the House of
Representatives; and
(ii) shall not take effect until 45 days
after the date of submission to both com-
mittees.
(D) DESIGN AND LAYOUT.—
(i) IN GENERAL.—The Forest Service
shall determine the timber sale design and
layout in consultation with the Corpora-
tion.
108
(ii) HARVEST
VOLUME.—Identifica-
tion of the timber harvest volume shall be
determined in accordance with Department
of Agriculture standards.
(iii) MONITORING.—The Forest Serv-
ice shall monitor harvest and post-harvest
activities to ensure compliance with the
terms and conditions of the document
under subparagraph (A).
(5) CONFLICT.—In case of conflict between the
map described in paragraph (2)(A) and the docu-
ment under paragraph (4), the map shall control.
(b) TITLE.—
(1) REVIEW OF TITLE.—Not later than 60 days
after receipt of title documents from the Corpora-
tion, the Secretary shall review the title for the non-
Federal land described in subsection (a)(2)(A) and
determine whether—
(A) title standards of the Department of
Justice applicable to Federal land acquisition
have been satisfied or the quality of title is oth-
erwise acceptable to the Secretary;
(B) all draft conveyances and closing docu-
ments have been received and approved;
109
(C) a current title commitment verifying
compliance with applicable title standards has
been issued to the Secretary; and
(D) the Corporation has complied with the
conditions imposed by this section.
(2) UNACCEPTABLE QUALITY OF TITLE.—If the
quality of title does not meet Federal standards and
is not otherwise acceptable to the Secretary, the Sec-
retary shall advise the Corporation regarding correc-
tive actions necessary to make an affirmative deter-
mination.
(3) CONVEYANCE
OF
TITLE.—The Secretary
shall accept the conveyance of land described in sub-
section (a)(2)(A) not later than 60 days after the
Secretary has made an affirmative determination of
quality of title.
(c) GENERAL PROVISIONS.—
(1) MAPS AND DOCUMENTS.—
(A) IN GENERAL.—The map described in
subsection (a)(2)(A) and the document under
subsection (a)(4) shall be subject to such minor
corrections as may be agreed upon by the Sec-
retary and the Corporation.
(B) PUBLIC AVAILABILITY.—The map de-
scribed in subsection (a)(2)(A) and the docu-
110
ment under subsection (a)(4) shall be on file
and available for public inspection in the appro-
priate offices of the Forest Service.
(2) NATIONAL FOREST SYSTEM LAND.—
(A) IN
GENERAL.—All land conveyed to
the United States under this section shall be
added to and administered as part of the Bea-
verhead-Deerlodge National Forest and shall be
administered by the Secretary in accordance
with the laws (including regulations) pertaining
to the National Forest System.
(B) WILDERNESS
STUDY
AREA
ACQUISI-
TIONS.—Land acquired under this section that
is located within the boundary of a wilderness
area in existence on the date of enactment of
this Act shall be included within the National
Wilderness Preservation System.
(3) VALUATION.—The values of the lands and
interests in land to be exchanged under this section
are deemed to be equal.
(4) LIABILITY FOR HAZARDOUS SUBSTANCES.—
The United States (including the departments, agen-
cies, and employees of the United States) shall not
be liable under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
111
(42 U.S.C. 9601 et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), or any
other Federal, State, or local law solely as a result
of the acquisition of an interest in the land described
in subsection (a)(2)(A) or because of circumstances
or events occurring before the acquisition, including
any release or threat of release of a hazardous sub-
stance.
(5) RELEASE FROM STUDY.—The land compris-
ing approximately 1.320 acres in the Beaverhead-
Deerlodge National Forest, as generally depicted on
the map entitled ‘‘West Pioneer Study Deletion—
Proposed’’, dated 1994, is released from study under
section 2(a)(1) of the Montana Wilderness Study
Act of 1977 (91 Stat. 1243).
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.
(a) CONVEYANCE
BY
THE SECRETARY
OF AGRI-
CULTURE.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (b), the Secretary of
Agriculture (hereinafter referred to as the ‘‘Sec-
retary’’) shall convey to the Orange County Council
of the Boy Scouts of America all right, title, and in-
terest of the United States in and to the parcel of
land described in paragraph (2) located in the Cleve-
112
land National Forest. The parcel conveyed by the
Secretary shall be subject to valid existing rights
and to any easements that the Secretary considers
necessary for public and administrative access.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) consists of not
more than 60 acres of land in Section 28, Township
9 South, Range 4 East, San Bernardino Meridian,
in the unincorporated territory of San Diego County,
California.
(b) CONVEYANCE BY THE BOY SCOUTS OF AMER-
ICA.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (a), the Orange County
Council of the Boy Scouts of America shall convey
to the United States all right, title, and interest to
the parcel of land described in paragraph (2). The
parcel conveyed under this subsection shall be sub-
ject to such valid existing rights of record as may be
acceptable to the Secretary, and the title to the par-
cel shall conform with the title approval standards
applicable to Federal land acquisitions.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) shall be approxi-
mately equal in value to the lands described in sub-
113
section (a)(2) and shall be at least the Southerly 94
acres of the Westerly 1⁄2 of Section 34, Township 9
South, Range 4 East, San Bernardino Meridian, in
the unincorporated territory of San Diego County,
California.
(c) BOUNDARY ADJUSTMENT.—Upon the completion
of the land exchange authorized under this section, the
Secretary shall adjust the boundaries of the Cleveland Na-
tional Forest to exclude the parcel conveyed by the Sec-
retary under subsection (a) and to include the parcel ob-
tained by the Secretary under subsection (b). For pur-
poses of section 7 of the Land and Water Conservation
Fund Act of 1964 (16 U.S.C. 460l–9), the boundary of
the Cleveland National Forest, as modified by this title,
shall be considered the boundary of the forest as of Janu-
ary 1, 1965.
(d) INCORPORATION INTO CLEVELAND NATIONAL
FOREST.—Upon acceptance of title by the Secretary, the
parcel obtained by the Secretary under subsection (b) shall
become part of the Cleveland National Forest and shall
be subject to all laws applicable to such national forest.
SEC. 309. SAND HOLLOW LAND EXCHANGE.
(a) DEFINITIONS.—As used in this section:
114
(1) DISTRICT.—The term ‘‘District’’ means the
Water Conservancy District of Washington County,
Utah.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) BULLOCH SITE.—The term ‘‘Bulloch Site’’
means the lands located in Kane County, Utah, ad-
jacent to Zion National Park, comprised of approxi-
mately 550 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(4) SAND
HOLLOW
SITE.—The term ‘‘Sand
Hollow Site’’ means the lands located in Washington
County, Utah, Comprised of approximately 3,000
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
(5) QUAIL CREEK PIPELINE.—The term ‘‘Quail
Creek Pipeline’’ means the lands located in Wash-
ington County, Utah, comprised of approximately 40
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
115
(6) QUAIL
CREEK
RESERVOIR.—The term
‘‘Quail Creek Reservoir’’ means the lands located in
Washington County, Utah, comprised of approxi-
mately 480.5 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(7) SMITH PROPERTY.—The term ‘‘Smith Prop-
erty’’ means the lands located in Washington Coun-
ty, Utah, comprised of approximately 1,550 acres as
generally depicted on a map entitled ‘‘Washington
County Water Conservancy District Exchange Pro-
posal’’ and dated May 30, 1996.
(b) EXCHANGE.—
(1) IN GENERAL.—Subject to the provisions of
this section, if within 18 months after the date of
the enactment of this Act, the Water Conservancy
District of Washington County, Utah, offers to
transfer to the United States all right, title, and in-
terest of the District in and to the Bulloch Site, the
Secretary of the Interior shall, in exchange, transfer
to the District all right, title, and interest of the
United States in and to the Sand Hollow Site, the
Quail Creek Pipeline and Quail Creek Reservoir,
subject to valid existing rights.
116
(2) WATER
RIGHTS
ASSOCIATED
WITH
THE
BULLOCH SITE.—The water rights associated with
the Bulloch Site shall be transferred to the United
States pursuant to Utah State law.
(3) WITHDRAWAL OF MINERAL INTERESTS.—
Subject to valid existing rights, the mineral interests
underlying the Sand Hollow Site, the Quail Creek
Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land
laws and from location, entry, and patent under the
mining laws of the United States, from the operation
of the mineral leasing laws of the United States,
from the operation of the Geothermal Steam Act of
1970, and from the operation of the Act of July 31,
1947, commonly known as the ‘‘Materials Act of
1947’’ (30 U.S.C. 601 et seq.).
(4) GRAZING.—The exchange of lands under
paragraph (1) shall be subject to agreement by the
District to continue to permit the grazing of domes-
tic livestock on the Sand Hollow Site under the
terms and conditions of existing Federal grazing
leases or permits, except that the District, upon ter-
minating any such lease or permit, shall fully com-
pensate the holder of the terminated lease or permit.
117
(c) EQUALIZATION OF VALUES.—The value of the
lands transferred out of Federal ownership under sub-
section (b) either shall be equal to the value of the lands
received by the Secretary under that section or, if not,
shall be equalized by—
(1) to the extent possible, transfer of all right,
title, and interest of the District in and to lands in
Washington County, Utah, and water rights of the
District associated thereto, which are within the
area providing habitat for the desert tortoise, as de-
termined by the Director of the Bureau of Land
Management;
(2) transfer of all right, title, and interest of
the District in and to lands in the Smith Site and
water rights of the District associated thereto; and
(3) the payment of money to the Secretary, to
the extent that lands and rights transferred under
paragraphs (1) and (2) are not sufficient to equalize
the values of the lands exchanged under subsection
(b)(1).
(d) MANAGEMENT
OF LANDS ACQUIRED
BY
THE
UNITED STATES.—Lands acquired by the Secretary under
this section shall be administered by the Secretary, acting
through the Director of the Bureau of Land Management,
in accordance with the provisions of law generally applica-
118
ble to the public lands, including the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) NATIONAL ENVIRONMENTAL POLICY ACT
OF
1976.—The exchange of lands under this section is not
subject to section 102 of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4322).
(f) VALUATION OF LANDS TO BE ACQUIRED BY THE
UNITED STATES IN WASHINGTON COUNTY, UTAH.—In
acquiring any lands and any interests in lands in Washing-
ton County, Utah, by purchase, exchange, donation or
other transfers of interest, the Secretary of the Interior
shall appraise, value, and offer to acquire such lands and
interests without regard to the presence of a species listed
as threatened or endangered or any proposed or actual
designation of such property as critical habitat for a spe-
cies listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZA-
TION FOR FISCAL YEARS 1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1748(a)) is amended by
striking out ‘‘October 1, 1978’’ and by inserting in lieu
thereof ‘‘October 1, 2002’’.
119
SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
(a) SHORT TITLE.—This section may be cited as the
‘‘Kenai Natives Association Equity Act Amendments of
1996’’.
(b) FINDINGS AND PURPOSE.—
(1) FINDINGS.—The Congress finds the follow-
ing:
(A) The United States Fish and Wildlife
Service and Kenai Natives Association, Inc.,
have agreed to transfers of certain land rights,
in and near the Kenai National Wildlife Refuge,
negotiated as directed by Public Law 102–458.
(B) The lands to be acquired by the Serv-
ice are within the area impacted by the Exxon
Valdez oil spill of 1989, and these lands in-
cluded important habitat for various species of
fish and wildlife for which significant injury re-
sulting from the spill has been documented
through the EVOS Trustee Council restoration
process. This analysis has indicated that these
lands generally have value for the restoration of
such injured natural resources as pink salmon,
dolly varden, bald eagles, river otters, and cul-
tural and archaeological resources. This analy-
sis has also indicated that these lands generally
have high value for the restoration of injured
120
species that rely on these natural resources, in-
cluding wilderness quality, recreation, tourism,
and subsistence.
(C) Restoration of the injured species will
benefit from acquisition and the prevention of
disturbances which may adversely affect their
recovery.
(D) It is in the public interest to complete
the conveyances provided for in this section.
(2) PURPOSE.—The purpose of this section is
to authorize and direct the Secretary, at the election
of KNA, to complete the conveyances provided for in
this section.
(c) DEFINITIONS.—For purposes of this section, the
term—
(1) ‘‘ANCSA’’ means the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
(2) ‘‘ANILCA’’ means the Alaska National In-
terest Lands Conservation Act (Public Law 96–487;
94 Stat. 2371 et seq.);
(3) ‘‘conservation system unit’’ has the same
meaning as in section 102(4) of ANILCA (16
U.S.C. 3102(4));
121
(4) ‘‘CIRI’’ means the Cook Inlet Region, Inc.,
a Native Regional Corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
(5) ‘‘EVOS’’ means the Exxon Valdez oil spill;
(6) ‘‘KNA’’ means the Kenai Natives Associa-
tion, Inc., an urban corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
(7) ‘‘lands’’ means any lands, waters, or inter-
ests therein;
(8) ‘‘Refuge’’ means the Kenai National Wild-
life Refuge;
(9) ‘‘Secretary’’ means the Secretary of the In-
terior;
(10) ‘‘Service’’ means the United States Fish
and Wildlife Service; and
(11) ‘‘Terms and Conditions’’ means the Terms
and Conditions for Land Consolidation and Manage-
ment in the Cook Inlet Area, as clarified on August
31, 1976, ratified by section 12 of Public Law 94–
204 (43 U.S.C. 1611 note).
(d) ACQUISITION OF LANDS.—
(1) OFFER TO KNA.—
(A) IN GENERAL.—Subject to the availabil-
ity of the funds identified in paragraph (2)(C),
no later than 90 days after the date of enact-
122
ment of this section, the Secretary shall offer to
convey to KNA the interests in land and rights
set forth in paragraph (2)(B), subject to valid
existing rights, in return for the conveyance by
KNA to the United States of the interests in
land or relinquishment of ANCSA selections set
forth in paragraph (2)(A). Payment for the
lands conveyed to the United States by KNA is
contingent upon KNA’s acceptance of the entire
conveyance outlined herein.
(B) LIMITATION.—The Secretary may not
convey any lands or make payment to KNA
under this section unless title to the lands to be
conveyed by KNA under this section has been
found by the United States to be sufficient in
accordance with the provisions of section 355 of
the Revised Statutes (40 U.S.C. 255).
(2) ACQUISITION LANDS.—
(A) LANDS
TO
BE
CONVEYED
TO
THE
UNITED STATES.—The lands to be conveyed by
KNA to the United States, or the valid selec-
tion rights under ANCSA to be relinquished, all
situated within the boundary of the Refuge, are
the following:
123
(i) The conveyance of approximately
803 acres located along and on islands
within the Kenai River, known as the
Stephanka Tract.
(ii) The conveyance of approximately
1,243 acres located along the Moose River,
known as the Moose River Patented Lands
Tract.
(iii) The relinquishment of KNA’s se-
lection known as the Moose River Selected
Tract, containing approximately 753 acres
located along the Moose River.
(iv) The relinquishment of KNA’s re-
maining ANCSA entitlement of approxi-
mately 454 acres.
(v) The relinquishment of all KNA’s
remaining overselections. Upon completion
of all relinquishments outlined above, all
KNA’s entitlement shall be deemed to be
extinguished and the completion of this ac-
quisition will satisfy all of KNA’s ANCSA
entitlement.
(vi) The conveyance of an access ease-
ment providing the United States and its
assigns access across KNA’s surface estate
124
in the SW1⁄4 of section 21, T. 6 N., R. 9
W., Seward Meridian, Alaska.
(vii) The conveyance of approximately
100 acres within the Beaver Creek Pat-
ented Tract, which is contiguous to lands
being retained by the United States contig-
uous to the Beaver Creek Patented Tract,
in exchange for 280 acres of Service lands
currently situated within the Beaver Creek
Selected Tract.
(B) LANDS TO BE CONVEYED TO KNA.—
The rights provided or lands to be conveyed by
the United States to KNA, are the following:
(i) The surface and subsurface estate
to approximately 5 acres, subject to res-
ervations of easements for existing roads
and utilities, located within the city of
Kenai, Alaska, identified as United States
Survey 1435, withdrawn by Executive
Order 2943 and known as the old Fish
and Wildlife Service Headquarters site.
(ii) The remaining subsurface estate
held by the United States to approximately
13,651 acres, including portions of the
Beaver Creek Patented Tract, the Beaver
125
Creek Selected Tract, and portions of the
Swanson River Road West Tract and the
Swanson River Road East Tract, where
the surface was previously or will be con-
veyed to KNA pursuant to this Act but ex-
cluding the SW1⁄4 of section 21, T. 6 N.,
R. 9 W, Seward Meridian, Alaska, which
will be retained by the United States. The
conveyance of these subsurface interests
will be subject to the rights of CIRI to the
coal, oil, gas, and to all rights CIRI, its
successors, and assigns would have under
paragraph 1(B) of the Terms and Condi-
tions, including the right to sand and grav-
el, to construct facilities, to have rights-of-
way, and to otherwise develop it subsurface
interests.
(iii)(I) The nonexclusive right to use
sand and gravel which is reasonably nec-
essary for on-site development without
compensation or permit on those portions
of the Swanson River Road East Tract,
comprising approximately 1,738.04 acres;
where the entire subsurface of the land is
presently owned by the United States. The
126
United States shall retain the ownership of
all other sand and gravel located within the
subsurface and KNA shall not sell or dis-
pose of such sand and gravel.
(II) The right to excavate within the
subsurface estate as reasonably necessary
for structures, utilities, transportation sys-
tems, and other development of the surface
estate.
(iv) The nonexclusive right to excavate
within the subsurface estate as reasonably
necessary for structures, utilities, transpor-
tation systems, and other development of
the surface estate on the SW1⁄4, section
21, T. 6 N., R. 9 W., Seward Meridian,
Alaska, where the entire subsurface of the
land is owned by the United States and
which public lands shall continue to be
withdrawn from mining following their re-
moval from the Refuge boundary under
paragraph (3)(A)(ii). The United States
shall retain the ownership of all other sand
and gravel located within the subsurface of
this parcel.
127
(v) The surface estate of approxi-
mately 280 acres known as the Beaver
Creek Selected Tract. This tract shall be
conveyed to KNA in exchange for lands
conveyed to the United States as described
in paragraph (2)(A)(ii).
(C) PAYMENT.—The United States shall
make a total cash payment to KNA for the
above-described lands of $4,443,000, contingent
upon the appropriate approvals of the Federal
or State of Alaska EVOS Trustees (or both)
necessary for any expenditure of the EVOS set-
tlement funds.
(D) NATIONAL
REGISTER
OF
HISTORIC
PLACES.—Upon completion of the acquisition
authorized in paragraph (1), the Secretary
shall, at no cost to KNA, in coordination with
KNA, promptly undertake to nominate the
Stephanka Tract to the National Register of
Historic Places, in recognition of the archae-
ological artifacts from the original Dena’ina
Settlement. If the Department of the Interior
establishes a historical, cultural, or archaeologi-
cal interpretive site, KNA shall have the exclu-
sive right to operate a Dena’ina interpretive site
128
on the Stephanka Tract under the regulations
and policies of the department. If KNA declines
to operate such a site, the department may do
so under its existing authorities. Prior to the
department undertaking any archaeological ac-
tivities whatsoever on the Stephanka Tract,
KNA shall be consulted.
(3) GENERAL PROVISIONS.—
(A) REMOVAL OF KNA LANDS FROM THE
NATIONAL WILDLIFE REFUGE SYSTEM.—
(i) Effective on the date of closing for
the Acquisition Lands identified in para-
graph (2)(B), all lands retained by or con-
veyed to KNA pursuant to this section,
and the subsurface interests of CIRI un-
derlying such lands shall be automatically
removed from the National Wildlife Refuge
System and shall neither be considered as
part of the Refuge nor subject to any laws
pertaining solely to lands within the
boundaries of the Refuge. The conveyance
restrictions imposed by section 22(g) of
ANCSA (i) shall then be ineffective and
cease to apply to such interests of KNA
and CIRI, and (ii) shall not be applicable
129
to the interests received by KNA in accord-
ance with paragraph (2)(B) or to the CIRI
interests underlying them. The Secretary
shall adjust the boundaries of the Refuge
so as to exclude all interests in lands re-
tained or received in exchange by KNA in
accordance with this section, including
both surface and subsurface, and shall also
exclude all interests currently held by
CIRI. On lands within the Swanson River
Road East Tract, the boundary adjustment
shall only include the surface estate where
the subsurface estate is retained by the
United States.
(ii)(I) The Secretary, KNA, and CIRI
shall execute an agreement within 45 days
of the date of enactment of this section
which preserves CIRI’s rights under para-
graph 1(B)(1) of the Terms and Condi-
tions, addresses CIRI’s obligations under
such paragraph, and adequately addresses
management issues associated with the
boundary adjustment set forth in this sec-
tion and with the differing interests in
130
land resulting from enactment of this sec-
tion.
(II) In the event that no agreement is
executed as provided for in subclause (I),
solely for the purposes of administering
CIRI’s rights under paragraph 1(B)(1) of
the Terms and Conditions, the Secretary
and CIRI shall be deemed to have retained
their respective rights and obligations with
respect to CIRI’s subsurface interests
under the requirements of the Terms and
Conditions in effect on June 18, 1996.
Notwithstanding the boundary adjustments
made pursuant to this section, conveyances
to KNA shall be deemed to remain subject
to the Secretary’s and CIRI’s rights and
obligations under paragraph 1(B)(1) of the
Terms and Conditions.
(iii) The Secretary is authorized to ac-
quire by purchase or exchange, on a willing
seller basis only, any lands retained by or
conveyed to KNA. In the event that any
lands owned by KNA are subsequently ac-
quired by the United States, they shall be
automatically included in the Refuge Sys-
131
tem. The laws and regulations applicable
to Refuge lands shall then apply to these
lands and the Secretary shall then adjust
the boundaries accordingly.
(iv) Nothing in this section is in-
tended to enlarge or diminish the authori-
ties, rights, duties, obligations, or the
property rights held by CIRI under the
Terms and Conditions, or otherwise except
as set forth in this section. In the event of
the purchase by the United States of any
lands from KNA in accordance with sub-
paragraph (A)(ii), the United States shall
reassume from KNA the rights it pre-
viously held under the Terms and Condi-
tions and the provisions in any patent im-
plementing section 22(g) of ANCSA will
again apply.
(v) By virtue of implementation of
this section, CIRI is deemed entitled to
1,207 acres of in-lieu subsurface entitle-
ment under section 12(a)(1) of ANCSA.
Such entitlement shall be fulfilled in ac-
cordance with paragraph 1(B)(2)(A) of the
Terms and Conditions.
132
(B) MAPS
AND
LEGAL
DESCRIPTIONS.—
Maps and a legal description of the lands de-
scribed above shall be on file and available for
public inspection in the appropriate offices of
the United States Department of the Interior,
and the Secretary shall, no later than 90 days
after enactment of this section, prepare a legal
description of the lands described in paragraph
(2)(A)(vii). Such maps and legal description
shall have the same force and effect as if in-
cluded in the section, except that the Secretary
may correct clerical and typographical errors.
(C) ACCEPTANCE.—KNA may accept the
offer made in this section by notifying the Sec-
retary in writing of its decision within 180 days
of receipt of the offer. In the event the offer is
rejected, the Secretary shall notify the Commit-
tee on Resources of the House of Representa-
tives and the Committee on Energy and Natu-
ral Resources and the Committee on Environ-
ment and Public Works of the Senate.
(D) FINAL
MAPS.—Not later than 120
days after the conclusion of the acquisition au-
thorized by paragraph (1), the Secretary shall
transmit a final report and maps accurately de-
133
picting the lands transferred and conveyed pur-
suant to this section and the acreage and legal
descriptions of such lands to the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Re-
sources and the Committee on Environment
and Public Works of the Senate.
(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYS-
TEM.—Upon acquisition of lands by the United States
pursuant to subsection (d)(2)(A), that portion of the
Stephanka Tract lying south and west of the Kenai River,
consisting of approximately 592 acres, shall be included
in and managed as part of the Kenai Wilderness and such
lands shall be managed in accordance with the applicable
provisions of the Wilderness Act and ANILCA.
(f) DESIGNATION OF LAKE TODATONTEN SPECIAL
MANAGEMENT AREA.—
(1) PURPOSE.—To balance the potential effects
on fish, wildlife, and habitat of the removal of KNA
lands from the Refuge System, the Secretary is
hereby directed to withdraw, subject to valid existing
rights, from location, entry, and patent under the
mining laws and to create as a special management
unit for the protection of fish, wildlife, and habitat,
certain unappropriated and unreserved public lands,
134
totaling approximately 37,000 acres adjacent to the
west boundary of the Kanuti National Wildlife Ref-
uge to be know as the ‘‘Lake Todatonten Special
Management Area’’, as depicted on the map entitled
‘‘Proposed: Lake Todatonten Special Management
Area’’, dated June 13, 1996, and to be managed by
the Bureau of Land Management.
(2) MANAGEMENT.—
(A) Such designation is subject to all valid
existing rights as well as the subsistence pref-
erences provided under title VIII of ANILCA.
Any lands conveyed to the State of Alaska shall
be removed from the Lake Todatonten Special
Management Area.
(B) The Secretary may permit any addi-
tional uses of the area, or grant easements, only
to the extent that such use, including leasing
under the mineral leasing laws, is determined to
not detract from nor materially interfere with
the purposes for which the Special Management
Area is established.
(C)(i) The BLM shall establish the Lake
Todatonten Special Management Area Commit-
tee. The membership of the Committee shall
consist of 11 members as follows:
135
(I) Two residents each from the vil-
lages of Alatna, Allakaket, Hughes, and
Tanana.
(II) One representative from each of
Doyon Corporation, the Tanana Chiefs
Conference, and the State of Alaska.
(ii) Members of the Committee shall serve
without pay.
(iii) The BLM shall hold meetings of the
Lake Todatonten Special Management Area
Committee at least once per year to discuss
management issues within the Special Manage-
ment Area. The BLM shall not allow any new
type of activity in the Special Management
Area without first conferring with the Commit-
tee in a timely manner.
(3) ACCESS.—The Secretary shall allow the fol-
lowing:
(A) Private access for any purpose, includ-
ing economic development, to lands within the
boundaries of the Special Management Area
which are owned by third parties or are held in
trust by the Secretary for third parties pursu-
ant to the Alaska Native Allotment Act (25
U.S.C. 336). Such rights may be subject to re-
136
strictions issued by the BLM to protect subsist-
ence uses of the Special Management Area.
(B) Existing public access across the Spe-
cial Management Area. Section 1110(a) of
ANILCA shall apply to the Special Manage-
ment Area.
(4) SECRETARIAL ORDER AND MAPS.—The Sec-
retary shall file with the Committee on Resources of
the House of Representatives and the Committee on
Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate,
the Secretarial Order and maps setting forth the
boundaries of the Area within 90 days of the com-
pletion of the acquisition authorized by this section.
Once established, this Order may only be amended
or revoked by Act of Congress.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of
this section.
TITLE IV—RIVERS AND TRAILS
SEC. 401. RIO PUERCO WATERSHED.
(a) MANAGEMENT PROGRAM.—
137
(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Director of the Bureau of
Land Management shall—
(A) in consultation with the Rio Puerco
Management Committee established by sub-
section (b)—
(i) establish a clearinghouse for re-
search and information on management
within the area identified as the Rio
Puerco Drainage Basin, as depicted on the
map entitled ‘‘the Rio Puerco Watershed’’
dated June 1994, including—
(I) current and historical natural
resource conditions; and
(II) data concerning the extent
and causes of watershed impairment;
and
(ii) establish an inventory of best
management practices and related mon-
itoring activities that have been or may be
implemented within the area identified as
the Rio Puerco Watershed Project, as de-
picted on the map entitled ‘‘the Rio Puerco
Watershed’’ dated June 1994; and
138
(B) provide support to the Rio Puerco
Management Committee to identify objectives,
monitor results of ongoing projects, and develop
alternative watershed management plans for the
Rio Puerco Drainage Basin, based on best man-
agement practices.
(2) RIO PUERCO MANAGEMENT REPORT.—
(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this Act, the Sec-
retary of the Interior, in consultation with the
Rio Puerco Management Committee, shall pre-
pare a report for the improvement of watershed
conditions in the Rio Puerco Drainage Basis
described in paragraph (1)(A).
(B) CONTENTS.—The report under sub-
paragraph (A) shall—
(i) identify reasonable and appropriate
goals and objectives for landowners and
managers in the Rio Puerco Watershed;
(ii) describe potential alternative ac-
tions to meet the goals and objectives, in-
cluding proven best management practices
and costs associated with implementing the
actions;
139
(iii) recommend voluntary implemen-
tation of appropriate best management
practices on public and private lands;
(iv) provide for cooperative develop-
ment of management guidelines for main-
taining and improving the ecological, cul-
tural, and economic conditions on public
and private lands;
(v) provide for the development of
public participation and community out-
reach programs that would include propos-
als for—
(I) cooperative efforts with pri-
vate landowners to encourage imple-
mentation of best management prac-
tices within the watershed; and
(II) involvement of private citi-
zens in restoring the watershed;
(vi) provide for the development of
proposals for voluntary cooperative pro-
grams among the members of the Rio
Puerco Management Committee to imple-
ment best management practices in a co-
ordinated, consistent, and cost-effective
manner;
140
(vii) provide for the encouragement of,
and support implementation of, best man-
agement practices on private lands; and
(viii) provide for the development of
proposals for a monitoring system that—
(I) builds on existing data avail-
able from private, Federal, and State
sources;
(II) provides for the coordinated
collection, evaluation, and interpreta-
tion of additional data as needed or
collected; and
(III) will provide information to
assess existing resource and socio-
economic conditions; identify priority
implementation actions; and assess
the effectiveness of actions taken.
(b) RIO PUERCO MANAGEMENT COMMITTEE.—
(1) ESTABLISHMENT.—There is established the
Rio Puerco Management Committee (referred to in
this section as the ‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall be
convened by a representative of the Bureau of Land
Management 
and 
shall 
include 
representatives
from—
141
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the De-
partment of Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife
Service;
(H) the Army Corps of Engineers;
(I) the Natural Resources Conservation
Service of the Department of Agriculture;
(J) the State of New Mexico, including the
New Mexico Environment Department of the
State Engineer;
(K) affected local soil and water conserva-
tion districts;
(L) the Elephant Butte Irrigation District;
(M) private landowners; and
(N) other interested citizens.
(3) DUTIES.—The Rio Puerco Management
Committee shall—
(A) advise the Secretary of the Interior,
acting through the Director of the Bureau of
Land Management, on the development and im-
142
plementation of the Rio Puerco Management
Program described in subsection (a); and
(B) serve as a forum for information about
activities that may affect or further the develop-
ment and implementation of the best manage-
ment practices described in subsection (a)
(4) TERMINATION.—The Committee shall ter-
minate on the date that is 10 years after the date
of enactment of this Act.
(c) REPORT.—Not later than the date that is 2 years
after the date of enactment of this Act, and biennially
thereafter, the Secretary of the Interior, in consultation
with the Rio Puerco Management Committee, shall trans-
mit to the Committee on Energy and Natural Resources
of the Senate and to the Committee on Resources of the
House of Representatives a report containing—
(1) a summary of activities of the management
program under subsection (a); and
(2) proposals for joint implementation efforts,
including funding recommendations.
(d) LOWER RIO GRANDE HABITAT STUDY.—
(1) IN GENERAL.—The Secretary of the Inte-
rior, in cooperation with appropriate State agencies,
shall conduct a study of the Rio Grande that—
143
(A) shall cover the distance from Caballo
Lake to Sunland Park, New Mexico; and
(B) may cover a greater distance.
(2) CONTENTS.—The study under paragraph
(1) shall include—
(A) a survey of the current habitat condi-
tions of the river and its riparian environment;
(B) identification of the changes in vegeta-
tion and habitat over the past 400 years and
the effect of the changes on the river and ripar-
ian area; and
(C) an assessment of the feasibility, bene-
fits, and problems associated with activities to
prevent further habitat loss and to restore habi-
tat through reintroduction or establishment of
appropriate native plant species.
(3) TRANSMITTAL.—Not later than 3 years
after the date on which funds are made available to
carry out this section, the Secretary of the Interior
shall transmit the study under paragraph (1) to the
Committee on Energy and Natural Resources of the
Senate and to the Committee on Resources of the
House of Representatives.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section a
144
total of $7,500,000 for the 10 fiscal years beginning after
the date of enactment of this Act.
SEC. 402. OLD SPANISH TRAIL.
Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(
) The Old Spanish Trail, beginning in Santa Fe,
New Mexico, proceeding through Colorado and Utah, and
ending in Los Angeles, California, and the Northern
Branch of the Old Spanish Trail, beginning near
Espanola, New Mexico, proceeding through Colorado, and
ending near Crescent Junction, Utah.’’.
SEC. 403. GREAT WESTERN SCENIC TRAIL.
Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(
) The Great Western Scenic Trail, a system of
trails to accommodate a variety of travel users in a cor-
ridor of approximately 3,100 miles in length extending
from the Arizona-Mexico border to the Idaho-Montana-
Canada border, following the approximate route depicted
on the map identified as ‘Great Western Trail Corridor,
1988’, which shall be on file and available for public in-
spection in the Office of the Chief of the Forest Service,
United States Department of Agriculture. The trail study
145
shall be conducted by the Secretary of Agriculture, in con-
sultation with the Secretary of the Interior, in accordance
with subsection (b) and shall include—
‘‘(A) the current status of land ownership and
current and potential use along the designated route;
‘‘(B) the estimated cost of acquisition of lands
or interests in lands, if any; and
‘‘(C) an examination of the appropriateness of
motorized trail use along the trail.’’.
SEC. 404. HANFORD REACH PRESERVATION.
Section 2 of Public Law 100–605 is amended as fol-
lows:
(1) By striking ‘‘INTERIM’’ in the section
heading.
(2) By striking ‘‘For a period of eight years
after’’ and inserting ‘‘After’’ in subsection (a).
(3) By striking in subsection (b) ‘‘During the
eight year interim protection period, provided by this
section, all’’ and inserting ‘‘All’’.
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) DESIGNATION.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-
ing the following new paragraph at the end thereof:
‘‘(
) LAMPREY RIVER, NEW HAMPSHIRE.—The
11.5-mile segment extending from the southern Lee town
146
line to the confluence with the Piscassic River in the vicin-
ity of the Durham-Newmarket town line (hereinafter in
this paragraph referred to as the ‘segment’) as a rec-
reational river. The segment shall be administered by the
Secretary of the Interior through cooperation agreements
between the Secretary and the State of New Hampshire
and its relevant political subdivisions, namely the towns
of Durham, Lee, and Newmarket, pursuant to section
10(e) of this Act. The segment shall be managed in ac-
cordance with the Lamprey River Management Plan dated
January 10, 1995, and such amendments thereto as the
Secretary of the Interior determines are consistent with
this Act. Such plan shall be deemed to satisfy the require-
ments for a comprehensive management plan pursuant to
section 3(d) of this Act.’’.
(b) MANAGEMENT.—
(1) COMMITTEE.—The Secretary of the Interior
shall coordinate his management responsibilities
under this Act with respect to the segment des-
ignated by subsection (a) with the Lamprey River
Advisory Committee established pursuant to New
Hampshire RSA 483.
(2) LAND
MANAGEMENT.—The zoning ordi-
nances duly adopted by the towns of Durham, Lee,
and Newmarket, New Hampshire, including provi-
147
sions for conservation of shorelands, floodplains, and
wetlands associated with the segment, shall be
deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act, and
the provisions of that section, which prohibit Federal
acquisition of lands by condemnation, shall apply to
the segment designated by subsection (a). The au-
thority of the Secretary to acquire lands for the pur-
poses of this paragraph shall be limited to acquisi-
tion by donation or acquisition with the consent of
the owner thereof, and shall be subject to the addi-
tional criteria set forth in the Lamprey River Man-
agement Plan.
(c) UPSTREAM SEGMENT.—Upon request by the
town of Epping, which abuts an additional 12 miles of
river found eligible for designation as a recreational river,
the Secretary of the Interior shall offer assistance regard-
ing continued involvement of the town of Epping in the
implementation of the Lamprey River Management Plan
and in consideration of potential future addition of that
portion of the river within Epping as a component of the
Wild and Scenic Rivers System.
148
SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS
OF 1996.
(a) AMENDMENTS PERTAINING TO THE NEW RIVER
GORGE NATIONAL RIVER.—
(1) BOUNDARIES.—Section 1101 of the Na-
tional Parks and Recreation Act of 1978 (16 U.S.C.
460m–15) is amended by striking out ‘‘NERI–
80,023, 
dated 
January 
1987’’ 
and 
inserting
‘‘NERI–80,028A, dated March 1996’’.
(2) FISH AND WILDLIFE MANAGEMENT.—Sec-
tion 1106 of the National Parks and Recreation Act
of 1978 (16 U.S.C. 460m–20) is amended by adding
the following at the end thereof: ‘‘The Secretary
shall permit the State of West Virginia to undertake
fish stocking activities carried out by the State, in
consultation with the Secretary, on waters within the
boundaries of the national river. Nothing in this Act
shall be construed as affecting the jurisdiction of the
State of West Virginia with respect to fish and wild-
life.’’.
(3) CONFORMING AMENDMENTS.—Title XI of
the National Parks and Recreation Act of 1978 (16
U.S.C. 460m–15 et seq.) is amended by adding the
following new section at the end thereof:
149
‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
‘‘(a) COOPERATIVE AGREEMENTS.—The provisions
of section 202(e)(1) of the West Virginia National Interest
River Conservation Act of 1987 (16 U.S.C. 460ww–
1(e)(1)) shall apply to the New River Gorge National
River in the same manner and to the same extent as such
provisions apply to the Gauley River National Recreation
Area.
‘‘(b) REMNANT LANDS.—The provisions of the sec-
ond sentence of section 203(a) of the West Virginia Na-
tional Interest River Conservation Act of 1987 (16 U.S.C.
460ww–2(a)) shall apply to tracts of land partially within
the boundaries of the New River Gorge National River in
the same manner and to the same extent as such provi-
sions apply to tracts of land only partially within the
Gauley River National Recreation Area.’’.
(b) VISITOR CENTER.—The Secretary of the Interior
is authorized to construct a visitor center and such other
related facilities as may be deemed necessary to facilitate
visitor understanding and enjoyment of the New River
Gorge National River and the Gauley River National
Recreation Area in the vicinity of the confluence of the
New and Gauley Rivers. Such center and related facilities
are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or
150
Gauley River National Recreation Area unless a suitable
site is available within the boundaries of either unit.
(c) AMENDMENTS PERTAINING
TO
THE GAULEY
RIVER NATIONAL RECREATION AREA.—
(1) TECHNICAL AMENDMENT.—Section 205(c)
of the West Virginia National Interest River Con-
servation Act of 1987 (16 U.S.C. 460ww–4(c)) is
amended by adding the following at the end thereof:
‘‘If project construction is not commenced within the
time required in such license, or if such license is
surrendered at any time, such boundary modification
shall cease to have any force and effect.’’.
(2) GAULEY
ACCESS.—Section 202(e) of the
West Virginia National Interest River Conservation
Act of 1987 (16 U.S.C. 460ww–1(e)) is amended by
adding the following new paragraph at the end
thereof:
‘‘(4) ACCESS TO RIVER.—(A) In order to facili-
tate public safety, use, and enjoyment of the recre-
ation area, and to protect, to the maximum extent
feasible, the scenic and natural resources of the
area, the Secretary is authorized and directed to ac-
quire such lands or interests in lands and to take
such actions as are necessary to provide access by
noncommercial entities on the north side of the
151
Gauley River at the area known as Woods Ferry uti-
lizing existing roads and rights-of-way. Such actions
by the Secretary shall include the construction of
parking and related facilities in the vicinity of
Woods Ferry for noncommercial use on lands ac-
quired pursuant to paragraph (3) or on lands ac-
quired with the consent of the owner thereof within
the boundaries of the recreation area.
‘‘(B) If necessary, in the discretion of the Sec-
retary, in order to minimize environmental impacts,
including visual impacts, within portions of the
recreation area immediately adjacent to the river,
the Secretary may, by contract or otherwise, provide
transportation services for noncommercial visitors,
at reasonable cost, between such parking facilities
and the river.
‘‘(C) Nothing in subparagraph (A) shall affect
the rights of any person to continue to utilize, pur-
suant to a lease in effect on April 1, 1993, any right
of way acquired pursuant to such lease which au-
thorizes such person to use an existing road referred
to in subparagraph (A). Except as provided under
paragraph (2) relating to access immediately down-
stream of the Summersville project, until there is
compliance with this paragraph the Secretary is pro-
152
hibited from acquiring or developing any other river
access points within the recreation area.’’.
(d) AMENDMENTS PERTAINING TO THE BLUESTONE
NATIONAL SCENIC RIVER.—
(1) BOUNDARIES.—Section 3(a)(65) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))
is amended by striking out ‘‘WSR–BLU/20,000, and
dated January 1987’’ and inserting ‘‘BLUE–80,005,
dated May 1996’’.
(2) PUBLIC ACCESS.—Section 3(a)(65) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))
is amended by adding the following at the end there-
of: ‘‘In order to provide reasonable public access and
vehicle parking for public use and enjoyment of the
river designated by this paragraph, consistent with
the preservation and enhancement of the natural
and scenic values of such river, the Secretary may,
with the consent of the owner thereof, negotiate a
memorandum of understanding or cooperative agree-
ment, or acquire not more than 10 acres of lands or
interests in such lands, or both, as may be necessary
to allow public access to the Bluestone River and to
provide, outside the boundary of the scenic river,
parking and related facilities in the vicinity of the
area known as Eads Mill.’’.
153
SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCE-
NIC RIVERS ACT.
(a) NUMBERING OF PARAGRAPHS.—The unnumbered
paragraphs in section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)), relating to each of the following
river segments, are each amended by numbering such
paragraphs as follows:
River:
Paragraph Number
East Fork of Jemez, New Mexico .............................................................
(109)
Pecos River, New Mexico ...........................................................................
(110)
Smith River, California ..............................................................................
(111)
Middle Fork Smith River, California ........................................................
(112)
North Fork Smith River, California ..........................................................
(113)
Siskiyou Fork Smith River, California ......................................................
(114)
South Fork Smith River, California ..........................................................
(115)
Clarks Fork, Wyoming ..............................................................................
(116)
Niobrara, Nebraska ...................................................................................
(117)
Missouri River, Nebraska and South Dakota ...........................................
(118)
Bear Creek, Michigan ................................................................................
(119)
Black, Michigan .........................................................................................
(120)
Carp, Michigan ..........................................................................................
(121)
Indian, Michigan ........................................................................................
(122)
Manistee, Michigan ....................................................................................
(123)
Ontonagon, Michigan .................................................................................
(124)
Paint, Michigan .........................................................................................
(125)
Pine, Michigan ...........................................................................................
(126)
Presque Isle, Michigan ..............................................................................
(127)
Sturgeon, Hiawatha National Forest, Michigan .......................................
(128)
Sturgeon, Ottawa National Forest, Michigan ...........................................
(129)
East Branch of the Tahquamenon, Michigan ...........................................
(130)
Whitefish, Michigan ...................................................................................
(131)
Yellow Dog, Michigan ................................................................................
(132)
Allegheny, Pennsylvania ............................................................................
(133)
Big Piney Creek, Arkansas .......................................................................
(134)
Buffalo River, Arkansas ............................................................................
(135)
Cossatot River, Arkansas ..........................................................................
(136)
Hurricane Creek, Arkansas .......................................................................
(137)
Little Missouri River, Arkansas ................................................................
(138)
Mulberry River, Arkansas .........................................................................
(139)
North Sylamore Creek, Arkansas ..............................................................
(140)
Richland Creek, Arkansas .........................................................................
(141)
Sespe Creek, California .............................................................................
(142)
Sisquoc River, California ...........................................................................
(143)
Big Sur River, California ..........................................................................
(144)
Great Egg Harbor River, New Jersey .......................................................
(145)
The Maurice River, Middle Segment .........................................................
(146)
The Maurice River, Middle Segment .........................................................
(147)
The Maurice River, Upper Segment ..........................................................
(148)
154
The Menantico Creek, Lower Segment .....................................................
(149)
The Menantico Creek, Upper Segment .....................................................
(150)
Manumuskin River, Lower Segment .........................................................
(151)
Manumuskin River, Upper Segment .........................................................
(152)
Muskee Creek, New Jersey ........................................................................
(153)
Red River, Kentucky .................................................................................
(154)
Rio Grande, New Mexico ...........................................................................
(155)
Farmington River, Connecticut .................................................................
(156)
(b) STUDY RIVERS.—Section 5(a) of such Act is
amended as follows:
(1) Paragraph (106), relating to St. Mary’s,
Florida, is renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay
Creek, Delaware and Pennsylvania, is renumbered
as paragraph (113).
(3) The unnumbered paragraphs, relating to
each of the following rivers, are amended by num-
bering such paragraphs as follows:
River:
Paragraph Number
Mills River, North Carolina .......................................................................
(109)
Sudbury, Assabet, and Concord, Massachusetts .......................................
(110)
Niobrara, Nebraska ...................................................................................
(111)
Lamprey, New Hampshire .........................................................................
(112)
Brule, Michigan and Wisconsin .................................................................
(114)
Carp, Michigan ..........................................................................................
(115)
Little Manistee, Michigan ..........................................................................
(116)
White, Michigan .........................................................................................
(117)
Ontonagon, Michigan .................................................................................
(118)
Paint, Michigan .........................................................................................
(119)
Presque Isle, Michigan ..............................................................................
(120)
Sturgeon, Ottawa National Forest, Michigan ...........................................
(121)
Sturgeon, Hiawatha National Forest, Michigan .......................................
(122)
Tahquamenon, Michigan ...........................................................................
(123)
Whitefish, Michigan ...................................................................................
(124)
Clarion, Pennsylvania ................................................................................
(125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania .......................
(126)
Piru Creek, California ...............................................................................
(127)
Little Sur River, California .......................................................................
(128)
Matilija Creek, California ..........................................................................
(129)
Lopez Creek, California .............................................................................
(130)
Sespe Creek, California .............................................................................
(131)
North Fork Merced, California .................................................................
(132)
Delaware River, Pennsylvania and New Jersey ........................................
(133)
155
New River, West Virginia and Virginia .....................................................
(134)
Rio Grande, New Mexico ...........................................................................
(135)
SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLO-
RADO.
(a) NORTH ST. VRAIN CREEK
AND ADJACENT
LANDS.—The Act of January 26, 1915, establishing
Rocky Mountain National Park (38 Stat. 798; 16 U.S.C.
191 et seq.), is amended by adding the following new sec-
tion at the end thereof:
‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.
‘‘Neither the Secretary of the Interior nor any other
Federal agency or officer may approve or issue any permit
for, or provide any assistance for, the construction of any
new dam, reservoir, or impoundment on any segment of
North St. Vrain Creek or its tributaries within the bound-
aries of Rocky Mountain National Park or on the main
stem of North St. Vrain Creek downstream to the point
at which the creek crosses the elevation 6,550 feet above
mean sea level. Nothing in this section shall be construed
to prevent the issuance of any permit for the construction
of a new water gauging station on North St. Vrain Creek
at the point of its confluence with Coulson Gulch.’’.
(b) ENCOURAGEMENT OF EXCHANGES.—
(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL
PARK.—Promptly following enactment of this Act,
the Secretary of the Interior shall seek to acquire by
156
donation or exchange those lands within the bound-
aries of Rocky Mountain National Park owned by
the city of Longmont, Colorado, that are referred to
in section 111(d) of the Act commonly referred to as
the ‘‘Colorado Wilderness Act of 1980’’ (Public Law
96–560; 94 Stat. 3272; 16 U.S.C. 192b–9(d)).
(2) OTHER
LANDS.—The Secretary of Agri-
culture shall immediately and actively pursue nego-
tiations with the city of Longmont, Colorado, con-
cerning the city’s proposed exchange of lands owned
by the city and located in and near Coulson Gulch
for other lands owned by the United States. The
Secretary shall report to Congress 2 calendar years
after the date of enactment of this Act, and every
2 years thereafter on the progress of such negotia-
tions until negotiations are complete.
TITLE V—HISTORIC AREAS AND
CIVIL RIGHTS
SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HIS-
TORIC TRAIL.
Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended by adding at the end thereof
the following new paragraph:
‘‘(
) The Selma to Montgomery National Historic
Trail, consisting of 54 miles of city streets and United
157
States Highway 80 from Brown Chapel A.M.E. Church
in Selma to the State Capitol Building in Montgomery,
Alabama, traveled by voting rights advocates during
March 1965 to dramatize the need for voting rights legis-
lation, as generally described in the report of the Secretary
of the Interior prepared pursuant to subsection (b) of this
section entitled ‘‘Selma to Montgomery’’ and dated April
1993. Maps depicting the route shall be on file and avail-
able for public inspection in the Office of the National
Park Service, Department of the Interior. The trail shall
be administered in accordance with this Act, including sec-
tion 7(h). The Secretary of the Interior, acting through
the National Park Service, which shall be the lead Federal
agency, shall cooperate with other Federal, State and local
authorities to preserve historic sites along the route, in-
cluding (but not limited to) the Edmund Pettus Bridge
and the Brown Chapel A.M.E. Church.’’.
SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) ESTABLISHMENT.—There is established the Van-
couver National Historic Reserve in the State of Washing-
ton (referred to in this section as the ‘‘Reserve’’), consist-
ing of the area described in the report entitled ‘‘Vancouver
National Historic Reserve Feasibility Study and Environ-
mental Assessment’’ published by the Vancouver Histori-
cal Assessment’’ published by the Vancouver Historical
158
Study Commission and dated April 1993 as authorized by
Public Law 101–523 (referred to in this section as the
‘‘Vancouver Historic Reserve Report’’).
(b) ADMINISTRATION.—(1) The Reserve shall be ad-
ministered through a general management plan developed
in accordance with this section, and approved by the Sec-
retary of the Interior and the Secretary of the Army.
(2) Not later than three years after the date of enact-
ment of this Act, the National Park Service shall submit
to the Secretaries a general management plan for the ad-
ministration of the Reserve.
(3) The general management plan shall be developed
by a Partnership comprised of a representative from the
National Park Service, a representative of the Historic
Preservation Office of the State of Washington, a rep-
resentative of the Department of the Army, and a rep-
resentative of the City of Vancouver, Washington.
(4) The general management plan shall be developed
in accordance with the specific findings and recommenda-
tions of the Vancouver Historic Reserve Report, along
with any other considerations not otherwise in conflict
with the Report, and shall include at a minimum a state-
ment of purpose, an interpretive plan, and an economic
plan for Pearson Field.
159
(5) The Reserve shall not be deemed to be a new unit
of the National Park System.
(c) NO LIMITATION ON FAA AUTHORITY.—The es-
tablishment of the Reserve shall not limit—
(1) the authority of the Federal Aviation Ad-
ministration over air traffic control, or aviation ac-
tivities at Pearson Airpark; or
(2) limit operations and airspace in the vicinity
of Portland International Airport.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $400,000 per year for
operational costs for each fiscal year following enactment
of this Act and $5,000,000 for development costs.
SEC.
503.
EXTENSION OF KALOKO-HONOKOHAU ADVI-
SORY COMMISSION.
(a) KALOKO-HONOKOHAU NATIONAL HISTORICAL
PARK.—Notwithstanding section 505(f)(7) of Public Law
95–625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O
Kaloko-Honokohau, the Advisory Commission for Kaloko-
Honokohau National Historical Park, is hereby re-estab-
lished in accordance with section 505(f), as amended by
paragraph (2) of this subsection.
(b) CONFORMING AMENDMENT.—Section 505(f)(7)
of Public Law 95–625 (16 U.S.C. 396d(7)), is amended
by striking ‘‘this Act’’ and inserting in lieu thereof, ‘‘the
160
Na Hoa Pili Kaloko-Honokohau Re-establishment Act of
1996’’.
SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC
PARK ACT.
Section 3(b) of the Boston National Historical Park
Act of 1974 (16 U.S.C. 410z–1(b)) is amended by insert-
ing ‘‘(1)’’ before the first sentence thereof and by adding
the following at the end thereof:
‘‘(2) The Secretary of the Interior is authorized to
enter into a cooperative agreement with the Boston Public
Library to provide for the distribution of informational
and interpretive materials relating to the park and to the
Freedom Trail.’’.
SEC. 505. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.
(a) INCLUSION
OF OTHER PROPERTIES.—Section
1601(c) of Public Law 96–607 (16 U.S.C. 410ll) is
amended to read as follows:
‘‘(c) ESTABLISHMENT.—To carry out the purposes of
this section there is hereby established the Women’s
Rights National Historical Park (hereinafter in this sec-
tion referred to as the ‘‘park’’). The park shall consist of
the following designated sites in Seneca Falls and Water-
loo, New York:
‘‘(1) Stanton House, 32 Washington Street,
Seneca Falls;
161
‘‘(2) dwelling, 30 Washington Street, Seneca
Falls;
‘‘(3) dwelling, 34 Washington Street, Seneca
Falls;
‘‘(4) lot, 26–28 Washington Street, Seneca
Falls;
‘‘(5) former Wesleyan Chapel, 126 Fall Street,
Seneca Falls;
‘‘(6) theater, 128 Fall Street, Seneca Falls;
‘‘(7) McClintock House, 16 East Williams
Street, Waterloo;
‘‘(8) Hunt House, 401 East Williams Street,
Waterloo;
‘‘(9) not to exceed 1 acre, plus improvements,
as determined by the Secretary, in Seneca Falls for
development of a maintenance facility;
‘‘(10) dwelling, 1 Seneca Street, Seneca Falls;
‘‘(11) dwelling, 10 Seneca Street, Seneca Falls;
‘‘(12) parcels adjacent to Wesleyan Chapel
Block, including Clinton Street, Fall Street, and
Mynderse Street, Seneca Falls; and
‘‘(13) dwelling, 12 East Williams Street, Water-
loo.’’.
‘‘(b) MISCELLANEOUS AMENDMENTS.—Section 1601
of Public Law 96–607 (16 U.S.C. 410ll) is amended by
162
redesignating subsection (i) as ‘‘(i)(1)’’ and inserting at
the end thereof the following new paragraph:
‘‘(2) In addition to those sums appropriated prior to
the date of enactment of this paragraph for land acquisi-
tion and development, there is hereby authorized to be ap-
propriated an additional $2,000,000.’’.
SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.
The legislative authority for the Black Revolutionary
War Patriots Foundation to establish a commemorative
work (as defined by the Commemorative Works Act (40
U.S.C. 1001 et seq.)) shall expire October 27, 1998, not-
withstanding the time period limitation specified in section
10(b) of that Act (40 U.S.C. 1010(b)).
SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES HISTORIC BUILDING RESTORATION
AND PRESERVATION.
(a) AUTHORITY
TO
MAKE
GRANTS.—From the
amounts made available to carry out the National Historic
Preservation Act, the Secretary of the Interior shall make
grants in accordance with this section to eligible histori-
cally black colleges and universities for the preservation
and restoration of historic buildings and structures on the
campus of these institutions.
(b) GRANT CONDITIONS.—Grants made under sub-
section (a) shall be subject to the condition that the grant-
163
ee covenants, for the period of time specified by the Sec-
retary, that—
(1) no alteration will be made in the property
with respect to which the grant is made without the
concurrence of the Secretary; and
(2) reasonable public access to the property
with respect to which the grant is made will be per-
mitted by the grantee for interpretive and edu-
cational purposes.
(c) MATCHING REQUIREMENT FOR BUILDINGS AND
STRUCTURES LISTED ON THE NATIONAL REGISTER OF
HISTORIC PLACES.—(1) Except as provided by paragraph
(2), the Secretary may obligate funds made available
under this section for a grant with respect to a building
or structure listed on, or eligible for listing on, the Na-
tional Register of Historic Places only if the grantee
agrees to match, from funds derived from non-Federal
sources, the amount of the grant with an amount that is
equal or greater than the grant.
(2) The Secretary may waive paragraph (1) with re-
spect to a grant if the Secretary determines from cir-
cumstances that an extreme emergency exists or that such
a waiver is in the public interest to assure the preservation
of historically significant resources.
164
(d) FUNDING PROVISION.—Pursuant to section 108
of the National Historic Preservation Act, $29,000,000
shall be made available to carry out the purposes of this
section. Of amounts made available pursuant to this sec-
tion, $5,000,000 shall be available for grants to Fisk Uni-
versity, $2,500,000 shall be available for grants to Knox-
ville College, $2,000,000 shall be available for grants to
Miles College, Alabama, $1,500,000 shall be available for
grants to Talladega College, Alabama, $1,550,000 shall
be available for grants to Selma University, Alabama,
$250,000 shall be available for grants to Stillman College,
Alabama, $200,000 shall be available for grants to
Concordia College, Alabama, $2,900,000 shall be available
for grants to Allen University, South Carolina, $1,000,000
shall be available for grants to Claflin College, South
Carolina, $2,000,000 shall be available for grants to Voor-
hees College, South Carolina, $1,000,000 shall be avail-
able for grants to Rust College, Mississippi, and
$3,000,000 shall be available for grants to Tougaloo Col-
lege, Mississippi.
(e) REGULATIONS.—The Secretary shall develop such
guidelines as may be necessary to carry out this section.
(f) DEFINITIONS.—For the purposes of this section:
(1) HISTORICALLY
BLACK
COLLEGES.—The
term ‘‘historically black colleges and universities’’
165
has the same meaning given the term ‘‘part B insti-
tution’’ by section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061).
(2) HISTORIC BUILDING AND STRUCTURES.—
The term ‘‘historic building and structures’’ means
a building or structure listed on, or eligible for list-
ing on, the National Register of Historic Places or
designated a National Historic Landmark.
SEC. 508.
MEMORIAL TO MARTIN LUTHER KING, JR.
(a) IN GENERAL.—The Secretary of the Interior is
authorized to permit the Alpha Phi Alpha Fraternity to
establish a memorial on lands under the administrative ju-
risdiction of the Secretary in the District of Columbia or
its environs to honor Martin Luther King, Jr., pursuant
to the Commemorative Works Act of 1986.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMO-
RATIVE WORKS.—The establishment of the memorial shall
be in accordance with the Act entitled ‘‘An Act to provide
standards for placement of commemorative works on cer-
tain Federal lands in the District of Columbia and its en-
virons, and for other purposes’’ approved November 14,
1986 (40 U.S.C. 1001 et seq.).
(c) PAYMENT OF EXPENSES.—The Alpha Phi Alpha
Fraternity shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the es-
166
tablishment of the memorial. No Federal funds may be
used to pay any expense of the establishment of the memo-
rial.
(d) DEPOSIT OF EXCESS FUNDS.—If, upon payment
of all expenses of the establishment of the memorial (in-
cluding the maintenance and preservation amount pro-
vided for in section 8(b) of the Act referred to in section
4401(b)), or upon expiration of the authority for the me-
morial under section 10(b) of that Act, there remains a
balance of funds received for the establishment of the me-
morial, the Alpha Phi Alpha Fraternity shall transmit the
amount of the balance to the Secretary of the Treasury
for deposit in the account provided for in section 8(b)(1)
of that Act.
SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVA-
TION REAUTHORIZATION.
(a) REAUTHORIZATION.—The last sentence of section
212(a) of the National Historic Preservation Act (16
U.S.C. 470 et seq.) is amended to read as follows: ‘‘There
are authorized to be appropriated for the purposes of this
title not to exceed $4,000,000 in each fiscal year 1997
through 2000.’’.
(b) REPORTING REQUIREMENTS.—Within 18 months
after the date of enactment of this Act, the Advisory
Council on Historic Preservation shall submit a report to
167
the appropriate congressional committees containing an
analysis of alternatives for modifying the regulatory proc-
ess for addressing impacts of Federal actions on nationally
significant historic properties, as well as alternatives for
future promulgation and oversight of regulations for im-
plementation of section 106 of the National Historic Pres-
ervation Act.
(c) TECHNICAL AMENDMENTS.—Title II of the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.)
is amended as follows:
(1) 
By 
striking 
‘‘appointed’’ 
in 
section
201(a)(4) and inserting ‘‘designated’’.
(2) By striking ‘‘and 10’’ in section 201(c) and
inserting ‘‘through (11)’’.
(3) By adding the following new section after
section 214:
‘‘SEC. 215. Subject to applicable conflict of interest
laws, the Council may receive reimbursements from State
and local agencies and others pursuant to agreements exe-
cuted in furtherance of the purposes of this Act.’’.
(4) By amending subsection (g) of section 205
to read as follows:
‘‘(g) Any Federal agency may provide the Council,
with or without reimbursement as may be agreed upon by
the Chairman and the agency, with such funds, personnel,
168
facilities and services under its jurisdiction and control as
may be needed by the Council to carry out its duties, to
the extent that such funds, personnel, facilities, and serv-
ices are requested by the Council and are otherwise avail-
able for the purpose. Any funds provided to the Council
pursuant to this subsection must be expended by the end
of the fiscal year following the fiscal year in which the
funds are received by the Council. To the extent of avail-
able appropriations, the Council may obtain by purchase,
rental, donation, or otherwise, such additional property fa-
cilities, and services as may be needed to carry out its
duties and may also receive donations of moneys for such
purpose, and the Executive Director is authorized, in his
discretion, to accept, hold, use, expend, and administer the
same for the purposes of this Act.’’.
SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
(a) PURPOSES.—The purposes of this section are—
(1) to preserve and interpret, for the edu-
cational and inspirational benefit of the public, the
contribution of our national heritage of certain his-
toric and cultural lands and edifices of the Great
Falls Historic District, with emphasis on harnessing
this unique urban environment for its educational
and recreational value; and
169
(2) to enhance economic and cultural redevelop-
ment within the District.
(b) DEFINITIONS.—In this section:
(1) DISTRICT.—The term ‘‘District’’ means the
Great Falls Historic District established by sub-
section (c).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) HISTORIC
INFRASTRUCTURE.—The term
‘‘historic infrastructure’’ means the District’s his-
toric raceway system, all four stories of the original
Colt Gun Mill, including belltower, and any other
structure that the Secretary determines to be eligible
for the National Register of Historic Places.
(c) GREAT FALLS HISTORIC DISTRICT.—
(1) ESTABLISHMENT.—There is established the
Great Falls Historic District in the city of Paterson,
in Passaic County, New Jersey.
(2) BOUNDARIES.—The boundaries of the Dis-
trict shall be the boundaries specified by the Great
Falls Historic District listed on the National Reg-
ister of Historic Places.
(d) DEVELOPMENT PLAN.—The Secretary may make
grants and enter into cooperative agreements with the
State of New Jersey, local governments, and private non-
170
profit entities under which the Secretary agrees to pay not
more than 50 percent of the costs of—
(1) preparation of a plan for the development of
historic, architectural, natural, cultural, and inter-
pretive resources within the District;
(2) implementation of projects approved by the
Secretary under the development plan; and
(3) a market analysis assessing the economic
development potential of the District and rec-
ommending steps to be taken to encourage economic
development and revitalization in a manner consist-
ent with the District’s historic character.
(e) RESTORATION, PRESERVATION, AND INTERPRE-
TATION OF PROPERTIES.—
(1) COOPERATIVE
AGREEMENTS.—The Sec-
retary may enter into cooperative agreements with
the State of New Jersey, local governments and non-
profit entities owning property within the District
under which the Secretary may—
(A) pay not more than 50 percent of the
cost of restoring, repairing, rehabilitating, and
improving historic infrastructure within the
District;
171
(B) provide technical assistance with re-
spect to the preservation and interpretation of
properties within the District; and
(C) mark and provide interpretation of
properties within the District.
(2) PROVISIONS.—A cooperative agreement
under paragraph (1) shall provide that—
(A) the Secretary shall have the right of
access at reasonable times to public portions of
the property for interpretive and other pur-
poses;
(B) no change or alteration may be made
in the property except with the agreement of
the property owner, the Secretary, and any
Federal agency that may have regulatory juris-
diction over the property; and
(C) any construction grant made under
this section shall be subject to an agreement
that provides that conversion, use, or disposal
of the project so assisted for purposes contrary
to the purposes of this section shall result in a
right of the United States to compensation
from the beneficiary of the grant, and that pro-
vides for a schedule for such compensation
172
based on the level of Federal investment and
the anticipated useful life of the project.
(3) APPLICATIONS.—
(A) IN GENERAL.—A property owner that
desires to enter into a cooperative agreement
under paragraph (1) shall submit to the Sec-
retary an application describing how the project
proposed to be funded will further the purposes
of the District.
(B) CONSIDERATION.—In making such
funds available under this subsection, the Sec-
retary shall give consideration to projects that
provide a greater leverage of Federal funds.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated from the Historic Pres-
ervation Fund authorized under the National Historic
Preservation Act to the Secretary to carry out this sec-
tion—
(1) $250,000 for grants and cooperative agree-
ments for the development plan under subsection
(d); and
(2) $50,000 for the provision of technical as-
sistance and $3,000,000 for the provision of other
assistance under cooperative agreements under sub-
section (e).
173
SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK
DISTRICT.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) the New Bedford National Historic
Landmark District and associated historic sites
as described in subsection (c)(2), including the
Schooner Ernestina, are National Historic
Landmarks and are listed on the National Reg-
ister of Historic Places as historic sites associ-
ated with the history of whaling in the United
States;
(B) the city of New Bedford was the 19th
century capital of the world’s whaling industry
and retains significant architectural features,
archival materials, and museum collections il-
lustrative of this period;
(C) New Bedford’s historic resources pro-
vide unique opportunities for illustrating and
interpreting the whaling industry’s contribution
to the economic, social, and environmental his-
tory of the United States and provide opportu-
nities for public use and enjoyment;
(D) during the nineteenth century, over
two thousand whaling voyages sailed out of
New Bedford to the Arctic region of Alaska,
174
and joined Alaska Natives from Barrow, Alaska
and other areas in the Arctic region in subsist-
ence whaling activities; and
(E) the National Park System presently
contains no sites commemorating whaling and
its contribution to American history.
(2) PURPOSES.—The purposes of this section
are—
(A) to help preserve, protect, and interpret
the resources within the areas described in sub-
section (c)(2), including architecture, setting,
and associated archival and museum collections;
(B) to collaborate with the city of New
Bedford and with associated historical, cultural,
and preservation organizations to further the
purposes of the park established under this sec-
tion; and
(C) to provide opportunities for the inspi-
rational benefit and education of the American
people.
(b) DEFINITIONS.—For the purposes of this sec-
tion—
(1) the term ‘‘park’’ means the New Bedford
Whaling National Historical Park established by
subsection (c); and
175
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior.
(c) NEW BEDFORD WHALING NATIONAL HISTORI-
CAL PARK.—
(1) ESTABLISHMENT.—In order to preserve for
the benefit and inspiration of the people of the Unit-
ed States as a national historical park certain dis-
tricts structures, and relics located in New Bedford,
Massachusetts, and associated with the history of
whaling and related social and economic themes in
America, there is established the New Bedford
Whaling National Historical Park.
(2) BOUNDARIES.—(A) The boundaries of the
park shall be those generally depicted on the map
numbered NAR–P49–80,000–4 and dated June
1994. Such map shall be on file and available for
public inspection in the appropriate offices of the
National Park Service. In case of any conflict be-
tween the descriptions set forth in clauses (i)
through (iv) and such map, such map shall govern.
The park shall include the following:
(i) The area included with the New Bed-
ford National Historic Landmark District,
known as the Bedford Landing Waterfront His-
toric District, as listed within the National Reg-
176
ister of Historic Places and in the Massachu-
setts State Register of Historic Places.
(ii) The National Historic Landmark
Schooner Ernestina, with its home port in New
Bedford.
(iii) The land along the eastern boundary
of the New Bedford National Historic Land-
mark District over the east side of MacArthur
Drive from the Route 6 overpass on the north
to an extension of School Street on the south.
(iv) The land north of Elm Street in New
Bedford, bounded by Acushnet Avenue on the
west, Route 6 (ramps) on the north, MacArthur
Drive on the east, and Elm Street on the south.
(B) In addition to the sites, areas, and relics re-
ferred to in subparagraph (A), the Secretary may
assist in the interpretation and preservation of each
of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of
land adjacent to the State Pier.
(iii) The Rotch-Jones-Duff House and
Garden Museum, located at 396 County Street.
(iv) The Wharfinger Building, located on
Piers 3 and 4.
177
(v) The Bourne Counting House, located
on Merrill’s Wharf.
(d) RELATED FACILITIES.—To ensure that the con-
tribution of Alaska Natives to the history of whaling in
the United States is fully recognized, the Secretary shall
provide—
(1) financial and other assistance to establish
links between the New Bedford Whaling National
Historical Park and the North Slope Borough Cul-
tural Center, located in Barrow, Alaska; and
(2) to provide appropriate assistance and fund-
ing for the North Slope Borough Cultural Center.
(e) ADMINISTRATION OF PARK.—
(1) IN GENERAL.—The park shall be adminis-
tered by the Secretary in accordance with this sec-
tion and the provisions of law generally applicable to
units of the National Park System, including the Act
entitled ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and
the Act of August 21, 1935 (49 Stat. 666; 16
U.S.C. 461–467).
(2) COOPERATIVE AGREEMENTS.—(A) The Sec-
retary may consult and enter into cooperative agree-
ments with interested entities and individuals to pro-
178
vide for the preservation, development, interpreta-
tion, and use of the park.
(B) Any payment made by the Secretary pursu-
ant to a cooperative agreement under this paragraph
shall be subject to an agreement that conversion,
use, or disposal of the project so assisted for pur-
poses contrary to the purposes of this section, as de-
termined by the Secretary, shall result in a right of
the United States to reimbursement of all funds
made available to such project or the proportion of
the increased value of the project attributable to
such funds as determined at the time of such con-
version, use, or disposal, whichever is greater.
(3) 
NON-FEDERAL
MATCHING
REQUIRE-
MENTS.—(A) Funds authorized to be appropriated
to the Secretary for the purposes of—
(i) cooperative agreements under para-
graph (2) shall be expended in the ratio of one
dollar of Federal funds for each four dollars of
funds contributed by non-Federal sources; and
(ii) construction, restoration, and rehabili-
tation of visitors and interpretive facilities
(other than annual operation and maintenance
costs) shall be expended in the ratio of one dol-
179
lar of Federal funds for each one dollar of
funds contributed by non-Federal sources.
(B) For the purposes of this paragraph, the
Secretary is authorized to accept from non-Federal
sources, and to utilize for purposes of this section,
any money so contributed. With the approval of the
Secretary, any donation of property, services, or
goods from a non-Federal source may be considered
as a contribution of funds from a non-Federal
source for the purposes of this paragraph.
(4) ACQUISITION OF REAL PROPERTY.—For the
purposes of the park, the Secretary may acquire only
by donation such lands, interests in lands, and im-
provements thereon within the park as are needed
for essential visitor contact and interpretive facili-
ties.
(5) OTHER
PROPERTY, FUNDS, AND
SERV-
ICES.—The Secretary may accept donated funds,
property, and services to carry out this section.
(e) GENERAL MANAGEMENT PLAN.—Not later than
the end of the second fiscal year beginning after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate a general management plan for the
180
park and shall implement such plan as soon as practically
possible. The plan shall be prepared in accordance with
section 12(b) of the Act of August 18, 1970 (16 U.S.C.
1a–7(b)) and other applicable law.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), there are authorized to be appropriated
such sums as may be necessary to carry out annual
operations and maintenance with respect to the park
and to carry out the activities under section 3(D).
(2) EXCEPTIONS.—In carrying out this sec-
tion—
(A) not more than $2,000,000 may be ap-
propriated for construction, restoration, and re-
habilitation of visitor and interpretive facilities,
and directional and visitor orientation signage;
(B) none of the funds authorized to be ap-
propriated by this section may be used for the
operation or maintenance of the Schooner
Ernestina; and
(C) not more than $50,000 annually of
Federal funds may be used for interpretive and
education programs for the Schooner Ernestina
pursuant to cooperative grants under subsection
(d)(2).
181
SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the town of Nicodemus, in Kansas, has
national significance as the only remaining
western town established by African-Americans
during the Reconstruction period following the
Civil War;
(B) the town of Nicodemus is symbolic of
the pioneer spirit of Afican-Americans who
dared to leave the only region they had been fa-
miliar with to seek personal freedom and the
opportunity to develop their talents and capa-
bilities; and
(C) the town of Nicodemus continues to be
a valuable African-American community.
(2) PURPOSES.—The purposes of this section
are—
(A) to preserve, protect, and interpret for
the benefit and enjoyment of present and future
generations, the remaining structures and loca-
tions that represent the history (including the
settlement and growth) of the town of
Nicodemus, Kansas; and
(B) to interpret the historical role of the
town of Nicodemus in the Reconstruction period
182
in the context of the experience of westward ex-
pansion in the United States.
(b) DEFINITIONS.—In this section:
(1) HISTORIC SITE.—The term ‘‘historic site’’
means the Nicodemus National Historic Site estab-
lished by subsection (c).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(c) ESTABLISHMENT OF NICODEMUS NATIONAL HIS-
TORIC SITE.—
(1) ESTABLISHMENT.—There is established the
Nicodemus National Historic Site in Nicodemus,
Kansas.
(2) DESCRIPTION.—
(A) IN GENERAL.—The historic site shall
consist of the first Baptist Church, the St.
Francis Hotel, the Nicodemus School District
Number 1, the African Methodist Episcopal
Church, and the Township Hall located within
the approximately 161.35 acres designated as
the Nicodemus National Landmark in the
Township of Nicodemus, Graham County, Kan-
sas, as registered on the National Register of
Historic Places pursuant to section 101 of the
National Historic Preservation Act (16 U.S.C.
183
470a), and depicted on a map entitled
‘‘Nicodemus National Historic Site’’, numbered
80,000 and dated August 1994.
(B) MAP AND BOUNDARY DESCRIPTION.—
The map referred to in subparagraph (A) and
accompanying boundary description shall be on
file and available for public inspection in the of-
fice of the Director of the National Park Serv-
ice and any other office of the National Park
Service that the Secretary determines to be an
appropriate location for filing the map and
boundary description.
(d) ADMINISTRATION OF THE HISTORIC SITE.—
(1) IN GENERAL.—The Secretary shall admin-
ister the historic site in accordance with this section
and the provisions of law generally applicable to
units of the National Park System, including the Act
entitled ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461
et seq.).
(2) COOPERATIVE
AGREEMENTS.—To further
the purposes of this section, the Secretary may enter
into a cooperative agreement with any interested in-
184
dividual, public or private agency, organization, or
institution.
(3) TECHNICAL
AND
PRESERVATION
ASSIST-
ANCE.—
(A) IN
GENERAL.—The Secretary may
provide to any eligible person described in sub-
paragraph (B) technical assistance for the pres-
ervation of historic structures of, the mainte-
nance of the cultural landscape of, and local
preservation planning for, the historic site.
(B) ELIGIBLE PERSONS.—The eligible per-
sons described in this subparagraph are—
(i) an owner of real property within
the boundary of the historic site, as de-
scribed in subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has en-
tered into an agreement with the Secretary
pursuant to paragraph (2).
(e) ACQUISITION OF REAL PROPERTY.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary is authorized to acquire by donation,
exchange, or purchase with funds made available by
donation or appropriation, such lands or interests in
lands as may be necessary to allow for the interpre-
185
tation, preservation, or restoration of the First Bap-
tist Church, the St. Francis Hotel, the Nicodemus
School District Number 1, the African Methodist
Episcopal Church, or the Township Hall, as de-
scribed in subsection (c)(2)(A), or any combination
thereof.
(2) LIMITATIONS.—
(A) ACQUISITION OF PROPERTY OWNED BY
THE STATE OF KANSAS.—Real property that is
owned by the State of Kansas or a political sub-
division of the State of Kansas that is acquired
pursuant to paragraph (1) may only be ac-
quired by donation.
(B) CONSENT OF OWNER REQUIRED.—No
real property may be acquired under this sub-
section without the consent of the owner of the
real property.
(f) GENERAL MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than the last day
of the third full fiscal year beginning after the date
of enactment of this Act, the Secretary shall, in con-
sultation with the officials described in paragraph
(2), prepare a general management plan for the his-
toric site.
186
(2) CONSULTATION.—In preparing the general
management plan, the Secretary shall consult with
an appropriate official of each of the following:
(A) The Nicodemus Historical Society.
(B) The Kansas Historical Society.
(C) Appropriate political subdivisions of
the State of Kansas that have jurisdiction over
all or a portion of the historic site.
(3) SUBMISSION
OF
PLAN
TO
CONGRESS.—
Upon the completion of the general management
plan, the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of
the House of Representatives.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Department of
the Interior such sums as are necessary to carry out this
section.
SEC. 513. UNALASKA.
(a) SHORT TITLE.—This section may be cited as the
‘‘Aleutian World War II National Historic Areas Act of
1996’’.
(b) PURPOSE.—The purpose of this section is to des-
ignate and preserve the Aleutian World War II National
Historic Area within lands owned by the Ounalaska Cor-
187
poration on the island of Amaknak, Alaska and to provide
for the interpretation, for the educational and inspira-
tional benefit of present and future generations, of the
unique and significant circumstances involving the history
of the Aleut people, and the role of the Aleut people and
the Aleutian Islands in the defense of the United States
in World War II.
(c) BOUNDARIES.—The Aleutian World War II Na-
tional Historic Area whall be comprised of areas on
Amaknak Island depicted on the map entitled ‘‘Aleutian
World War II National Historic Area’’.
(d) TERMS AND CONDITIONS.—Nothing in this sec-
tion shall—
(1) authorize the conveyance of lands between
the Ounalaska Corporation and the United States
Department of the Interior, nor remove land or
structures appurtenant to the land from the exclu-
sive control of the Ounalaska Corporation; or
(2) provide authority for the Department of the
Interior to assume the duties associated with the
daily operation for the historic area or any of its fa-
cilities or structures.
(e) TECHNICAL ASSISTANCE.—The Secretary of the
Interior may award grants and provide technical assist-
ance to the Ounalaska Corporation and the City of Un-
188
alaska to assist with the planning, development, and his-
toric preservation from any program funds authorized by
law for technical assistance, land use planning or historic
preservation.
SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.
(a) PURPOSE.—It is the purpose of this section—
(1) to assist in the effort to timely establish
within the District of Columbia a national memorial
to Japanese American patriotism in World War II;
and
(2) to improve management of certain parcels
of Federal real property located within the District
of Columbia,
by the transferring jurisdiction over such parcels to the
Architect of the Capitol, the Secretary of the Interior, and
the Government of the District of Columbia.
(b) TRANSFERS OF JURISDICTION.—
(1) IN GENERAL.—Effective on the date of the
enactment of this Act and notwithstanding any other
provision of law, jurisdiction over the parcels of Fed-
eral real property described in paragraph (2) is
transferred without additional consideration as pro-
vided by paragraph (2).
(2) SPECIFIC TRANSFERS.—
189
(A) TRANSFERS TO SECRETARY OF THE
INTERIOR.—
(i) IN
GENERAL.—Jurisdiction over
the following parcels is transferred to the
Secretary of the Interior:
(I) That triangle of Federal land,
including any contiguous sidewalks
and tree space, that is part of the
United States Capitol Grounds under
the jurisdiction of the Architect of the
Capitol bound by D Street, N.W.,
New Jersey Avenue, N.W., and Lou-
isiana Avenue, N.W., in square W632
in the District of Columbia, as shown
on the Map Showing Properties
Under Jurisdiction of the Architect of
the Capitol, dated November 8, 1994.
(II) That triangle of Federal
land, including any contiguous side-
walks and tree space, that is part of
the United States Capitol Grounds
under the jurisdiction of the Architect
of the Capitol bound by C Street,
N.W., First Street, N.W., and Louisi-
ana Avenue, N.W., in the District of
190
Columbia, as shown on the Map
Showing Properties Under Jurisdic-
tion of the Architect of the Capitol,
dated November 8, 1994.
(ii) LIMITATION.—The parcels trans-
ferred by clause (i) shall not include those
contiguous sidewalks abutting Louisiana
Avenue, N.W., which shall remain part of
the United States Capitol Grounds under
the jurisdiction of the Architect of the
Capitol.
(iii) CONSIDERATION
AS
MEMORIAL
SITE.—The parcels transferred by sub-
clause (I) of clause (i) may be considered
as a site for a national memorial to Japa-
nese American patriotism in World War II.
(B) TRANSFERS
TO
ARCHITECT
OF
THE
CAPITOL.—Jurisdiction over the following par-
cels is transferred to the Architect of the Cap-
itol:
(i) That portion of the triangle of
Federal land in Reservation No. 204 in the
District of Columbia under the jurisdiction
of the Secretary of the Interior, including
any contiguous sidewalks, bound by Con-
191
stitution Avenue, N.E., on the north, the
branch of Maryland Avenue, N.E., running
in a northeast direction on the west, the
major portion of Maryland Avenue, N.E.,
on the south, and 2nd Street, N.E., on the
east, including the contiguous sidewalks.
(ii) That irregular area of Federal
land in Reservation No. 204 in the District
of Columbia under the jurisdiction of the
Secretary of the Interior, including any
contiguous sidewalks, northeast of the real
property described in clause (i) bound by
Constitution Avenue, N.E., on the north,
the branch of Maryland Avenue, N.E., run-
ning to the northeast on the south, and the
private property on the west known as lot
7, in square 726.
(iii) The two irregularly shaped medi-
ans lying north and east of the property
described in clause (i), located between the
north and south curbs of Constitution Ave-
nue, N.E., west of its intersection with
Second Street, N.E., all as shown in Land
Record No. 268, dated November 22,
192
1957, in the Office of the Surveyor, Dis-
trict of Columbia, in Book 138, Page 58.
(iv) All sidewalks under the jurisdic-
tion of the District of Columbia abutting
on and contiguous to the land described in
clauses (i), (ii), and (iii).
(C) TRANSFERS TO DISTRICT OF COLUM-
BIA.—Jurisdiction over the following parcels is
transferred to the Government of the District of
Columbia:
(i) That portion of New Jersey Ave-
nue, N.W., between the northernmost point
of the intersection of New Jersey Avenue,
N.W., and D Street, N.W., and the north-
ernmost point of the intersection of New
Jersey Avenue, N.W., and Louisiana Ave-
nue, N.W., between squares 631 and
W632, which remains Federal property.
(ii) That portion of D Street, N.W.,
between its intersection with New Jersey
Avenue, N.W., and its intersection with
Louisiana Avenue, N.W., between squares
630 and W632, which remains Federal
property.
(c) MISCELLANEOUS.—
193
(1) COMPLIANCE WITH OTHER LAWS.—Compli-
ance with this section shall be deemed to satisfy the
requirements of all laws otherwise applicable to
transfers of jurisdiction over parcels of Federal real
property.
(2) LAW
ENFORCEMENT
RESPONSIBILITY.—
Law enforcement responsibility for the parcels of
Federal real property for which jurisdiction is trans-
ferred by subsection (b) shall be assumed by the per-
son acquiring such jurisdiction.
(3) UNITED STATES CAPITOL GROUNDS.—
(A) DEFINITION.—The first section of the
Act entitled ‘‘An Act to define the United
States Capitol Grounds, to regulate the use
thereof, and for other purposes’’, approved July
31, 1946 (40 U.S.C. 193a), is amended to in-
clude within the definition of the United States
Capitol Grounds the parcels of Federal real
property described in subsection (b)(2)(B).
(B) JURISDICTION OF CAPITOL POLICE.—
The United States Capitol Police shall have ju-
risdiction over the parcels of Federal real prop-
erty described in subsection (b)(2)(B) in ac-
cordance with section 9 of such Act of July 31,
1946 (40 U.S.C. 212a).
194
(4) EFFECT OF TRANSFERS.—A person relin-
quishing jurisdiction over a parcel of Federal real
property transferred by subsection (b) shall not re-
tain any interest in the parcel except as specifically
provided by this section.
SEC. 515. MANZANAR NATIONAL HISTORIC SITE.
(a) TERMINATION OF WITHDRAWALS.—
(1) UNAVAILABILITY OF CERTAIN LANDS.—The
Congress, by enacting the Act entitled ‘‘An Act to
establish the Manzanar National Historic Site in the
State of California, and for other purposes’’, ap-
proved March 3, 1992 (106 Stat. 40; Public Law
102–248), (1) provided for the protection and inter-
pretation of the historical, cultural, and natural re-
sources associated with the relocation of Japanese-
Americans during World War II and established the
Manzanar National Historic Site in the State of
California, and (2) authorized the Secretary of the
Interior to acquire lands or interests therein within
the boundary of the Historic Site by donation, pur-
chase with donated or appropriated funds, or by ex-
change. The public lands identified for disposal in
the Bureau of Land Management’s Bishop Resource
Area Resource Management Plan that could be
made available for exchange in support of acquiring
195
lands within the boundary of the Historic Site are
currently unavailable for this purpose because they
are withdrawn by an Act of Congress.
(2) TERMINATION OF WITHDRAWAL.—To pro-
vide a land base with which to allow land exchanges
in support of acquiring lands within the boundary of
the Manzanar National Historic Site, the withdrawal
of the following described lands is terminated and
such lands shall not be subject to the Act of March
4, 1931 (chapter 517; 46 Stat. 1530):
MOUNT DIABLO MERIDIAN
Township 2 North, Range 26 East
Section 7:
North half south half of lot 1 of southwest
quarter, north half south half of lot 2 of southwest
quarter, north half south half southeast quarter.
Township 4 South, Range 33 East
Section 31:
Lot 1 of southwest quarter, northwest quarter
northeast quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast
quarter southwest quarter, southwest quarter south-
east quarter.
196
Township 5 South, Range 33 East
Section 4:
West half of lot 1 of northwest quarter, west
half of lot 2 of northwest quarter.
Section 5:
East half of lot 1 of northeast quarter, east half
of lot 2 of northeast quarter.
Section 9:
Northwest quarter southwest quarter northeast
quarter.
Section 17:
Southeast quarter northwest quarter, northwest
quarter southeast quarter.
Section 22:
Lot 1 and 2.
Section 27:
Lot 2, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter south-
west quarter, northwest quarter southeast quarter.
Section 34:
Northeast quarter, northwest quarter, southeast
quarter.
Township 6 South, Range 31 East
Section 19:
East half northeast quarter southeast quarter.
197
Township 6 South, Range 33 East
Section 10:
East half southeast quarter.
Section 11:
Lot 1 and 2, west half northeast quarter, north-
west quarter, west half southwest quarter, northeast
quarter southwest quarter.
Section 14:
Lots 1 through 4, west half northeast quarter,
southeast quarter northwest quarter, northeast quar-
ter southwest quarter, northwest quarter southeast
quarter.
Township 7 South, Range 32 East
Section 23:
South half southwest quarter.
Section 25:
Lot 2, northeast quarter northwest quarter.
Township 7 South, Range 33 East
Section 30:
South half of lot 2 of northwest quarter, lot 1
and 2 of southwest quarter.
Section 31:
North half of lot 2 of northwest quarter, south-
east quarter northeast quarter, northeast quarter
southeast quarter.
198
Township 8 South, Range 33 East
Section 5:
Northwest quarter southwest quarter.
Township 13 South, Range 34 East
Section 1:
Lots 43, 46, and 49 through 51.
Section 2:
North half northwest quarter southeast quarter
southeast quarter.
Township 11 South, Range 35 East
Section 30:
Lots 1 and 2, east half northwest quarter, east
half southwest quarter, and west half southwest
quarter southeast quarter.
Section 31:
Lot 8, west half west half northeast quarter,
east half northwest quarter, and west half southeast
quarter.
Township 13 South, Range 35 East
Section 18:
South half of lot 2 of northwest quarter, lot 1
and 2 of southwest quarter, southwest quarter
northeast quarter, northwest quarter southeast quar-
ter.
Section 29:
199
Southeast quarter northeast quarter, northeast
quarter southeast quarter.
Township 13 South, Range 36 East
Section 17:
Southwest quarter northwest quarter, southwest
quarter.
Section 18:
South half of lot 1 of northwest quarter, lot 1
of southwest quarter, northeast quarter, southeast
quarter.
Section 19:
North half of lot 1 of northwest quarter, east
half northeast quarter, northwest quarter northeast
quarter.
Section 20:
Southwest quarter northeast quarter, northwest
quarter, northeast quarter southwest quarter, south-
east quarter.
Section 28:
Southwest quarter southwest quarter.
Section 29:
East half northeast quarter.
Section 33:
Northwest quarter northwest quarter, southeast
quarter northwest quarter.
200
Township 14 South, Range 36 East
Section 31:
Lots 1 and 2 of southwest quarter, southwest
quarter southeast quarter.
aggregating 5,630 acres, more or less.
(b) AVAILABILITY OF LANDS.—Upon enactment of
this Act, the lands specified in subsection (a) shall be open
to operation of the public land laws, including the mining
and mineral leasing laws, only after the Secretary of the
Interior has published a notice in the Federal Register
opening such lands.
(c) ADDITIONAL AREA.—Section 101 of Public Law
102–248 is amended by inserting in subsection (b) after
the second sentence ‘‘The site shall also include an addi-
tional area of approximately 300 acres as demarcated as
the new proposed boundaries in the map dated March 8,
1996, entitled ‘Manzanar National Historic Site Archae-
ological Base Map’.’’.
SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS
MEMORIAL GROVE AS NATIONAL MEMORIAL.
(a) RECOGNITION OF SIGNIFICANCE OF THE AIDS
MEMORIAL GROVE.—The Congress hereby recognizes the
significance of the AIDS Memorial Grove located in Gold-
en Gate Park in San Francisco, California, as a memo-
rial—
201
(1) dedicated to individuals who have died as a
result of acquired immune deficiency syndrome; and
(2) in support of individuals who are living with
acquired immune deficiency syndrome and their
loved ones and caregivers.
(b) DESIGNATION AS NATIONAL MEMORIAL.—Not
later than 90 days after the date of enactment of this Act,
the Secretary of the Interior shall designate the AIDS Me-
morial Grove as a national memorial.
TITLE VI—CIVIL AND
REVOLUTIONARY WAR SITES
SEC. 601. UNITED STATES CIVIL WAR CENTER.
(a) DESIGNATION.—The Civil War Center, located on
Raphael Semmes Drive at Louisiana State University in
Baton Rouge, Louisiana (hereafter in this section referred
to as the ‘‘center’’) shall be known and designated as the
‘‘United States Civil War Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, paper, record, map, or any other document of
the United States to the center referred to in subsection
(b) shall be deemed to be a reference to the ‘‘United States
Civil War Center’’.
(c) FLAGSHIP INSTITUTIONS.—The center and the
Civil War Institute of Gettysburg College, located at 233
North Washington Street in Gettysburg, Pennsylvania,
202
shall be the flagship institutions for planning the sesqui-
centennial commemoration of the Civil War.
SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.
(a) PURPOSE.—The purpose of this section is to pro-
vide for a center for the interpretation of the Siege and
Battle of Corinth and other Civil War actions in the Re-
gion and to enhance public understanding of the signifi-
cance of the Corinth Campaign in the Civil War relative
to the Western theater of operations, in cooperation with
State or local governmental entities and private organiza-
tions and individuals.
(b) ACQUISITION OF PROPERTY AT CORINTH, MIS-
SISSIPPI.—The Secretary of the Interior (referred to in
this title as the ‘‘Secretary’’) shall acquire by donation,
purchase with donated or appropriated funds, or ex-
change, such land and interests in land in the vicinity of
the Corinth Battlefield, in the State of Mississippi, as the
Secretary determines to be necessary for the construction
of an interpretive center to commemorate and interpret
the 1862 Civil War Siege and Battle of Corinth.
(c) PUBLICLY OWNED LAND.—Land and interests in
land owned by the State of Mississippi or a political sub-
division of the State of Mississippi may be acquired only
by donation.
(d) INTERPRETIVE CENTER AND MARKING.—
203
(1) INTERPRETIVE
CENTER.—The Secretary
shall construct, operate, and maintain on the prop-
erty acquired under subsection (b) a center for the
interpretation of the Siege and Battle of Corinth
and associated historical events for the benefit of the
public.
(2) MARKING.—The Secretary may mark sites
associated with the Siege and Battle of Corinth Na-
tional Historic Landmark, as designated on May 6,
1991, if the sites are determined by the Secretary to
be protected by State or local governmental agencies.
(3) ADMINISTRATION.—The land and interests
in land acquired, and the facilities constructed and
maintained pursuant to this section, shall be admin-
istered by the Secretary as a part of Shiloh National
Military Park, subject to the appropriate laws (in-
cluding regulations) applicable to the Park, the Act
entitled ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (16 U.S.C. 1 et seq.), and the Act entitled ‘‘An
Act to provide for the preservation of historic Amer-
ican sites, buildings, objects, and antiquities of na-
tional significance, and for other purposes’’, ap-
proved August 21, 1935 (16 U.S.C. 461 et seq.).
204
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $6,000,000 for develop-
ment to carry out this section.
SEC. 603. REVOLUTIONARY WAR AND WAR OF 1812 HIS-
TORIC PRESERVATION STUDY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Revolutionary War and War of 1812 Historic Preserva-
tion Study Act of 1996’’.
(b) FINDINGS.—The Congress finds that—
(1) Revolutionary War sites and War of 1812
sites provide a means for Americans to understand
and interpret the periods in American history during
which the Revolutionary War and War of 1812 were
fought;
(2) the historical integrity of many Revolution-
ary War sites and War of 1812 sites is at risk be-
cause many of the sites are located in regions that
are undergoing rapid urban or suburban develop-
ment; and
(3) it is important, for the benefit of the United
States, to obtain current information on the signifi-
cance of, threats to the integrity of, and alternatives
of the preservation and interpretation of Revolution-
ary War sites and War of 1812 sites.
(c) DEFINITIONS.—In this section:
205
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
(2) REVOLUTIONARY
WAR
SITE.—The term
‘‘Revolutionary War site’’ means a site or structure
situated in the United States that is thematically
tied with the nationally significant events that oc-
curred during the Revolutionary War.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) WAR
OF
1812
SITE.—The term ‘‘War of
1812 site’’ means a site or structure situated in the
United States that is thematically tied with the na-
tionally significant events that occurred during the
War of 1812.
(d) STUDY.—
(1) 
PREPARATION.—The 
Secretary, 
acting
through the Director, shall prepare a study of Revo-
lutionary War sites and War of 1812 sites.
(2) MATTERS TO BE ADDRESSED.—The study
under subsection (b) shall—
(A) identify Revolutionary War sites and
War of 1812 sites, including sites within units
of the National Park System in existence on the
date of enactment of this Act;
206
(B) determine the relative significance of
the sites;
(C) assess short- and long-term threats to
the integrity of the sites;
(D) provide alternatives for the preserva-
tion and interpretation of the sites by Federal,
State, and local governments, or other public or
private entities, including designation of the
sites as units of the National Park System; and
(E) research and propose land preservation
techniques.
(3) CONSULTATION.—During the preparation
of the study under paragraph (1), the Director shall
consult with—
(A) the Governor of each affected State;
(B) each affected unit of local government;
(C) State and local historic preservation
organizations;
(D) scholarly organizations; and
(E) such other interested parties as the
Secretary considers advisable.
(4) TRANSMITTAL
TO
CONGRESS.—Not later
than 2 years after the date on which funds are made
available to carry out the study under paragraph
(1), the Director shall transmit a report describing
207
the results of the study to the Committee on Re-
sources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate.
(5) REPORT.—If the Director submits a report
on the study to the Director of the Office of Man-
agement and Budget, the Secretary shall concur-
rently transmit copies of the report to the Commit-
tee on Resources of the House of Representatives
and the Committee on Energy and Natural Re-
sources of the Senate.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$750,000, to remain available until expended.
SEC. 604. AMERICAN BATTLEFIELD PROTECTION PRO-
GRAM.
(a) SHORT TITLE.—This section may be cited as the
‘‘American Battlefield Protection Act of 1996’’.
(b) PURPOSE.—The purpose of this section is to as-
sist citizens, public and private institutions, and govern-
ments at all levels in planning, interpreting, and protect-
ing sites where historic battles were fought on American
soil during the armed conflicts that shaped the growth and
development of the United States, in order that present
and future generations may learn and gain inspiration
208
from the ground where Americans made their ultimate
sacrifice.
(c) PRESERVATION ASSISTANCE.—
(1) IN
GENERAL.—Using the established na-
tional historic preservation program to the extent
practicable, the Secretary of the Interior, acting
through the American Battlefield Protection Pro-
gram, shall encourage, support, assist, recognize,
and work in partnership with citizens, Federal,
State, local, and tribal governments, other public en-
tities, educational institutions, and private nonprofit
organizations in identifying, researching, evaluating,
interpreting, and protecting historic battlefields and
associated sites on a National, State, and local level.
(2) FINANCIAL
ASSISTANCE.—To carry out
paragraph (1), the Secretary may use a cooperative
agreement, grant, contract, or other generally adopt-
ed means of providing financial assistance.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $3,000,000 annually to
carry out this section, to remain available until expended.
(e) REPEAL.—
(1) IN GENERAL.—This section is repealed as
of the date that is 10 years after the date of enact-
ment of this section.
209
(2) NO
EFFECT
ON
GENERAL
AUTHORITY.—
The Secretary may continue to conduct battlefield
studies in accordance with other authorities available
to the Secretary.
(3) UNOBLIGATED
FUNDS.—Any funds made
available under this section that remain unobligated
shall be credited to the general fund of the Treas-
ury.
SEC. 605. CHICKAMAUGA AND CHATTANOOGA NATIONAL
MILITARY PARKS.
Section 1(c) of the Act entitled ‘‘An Act to authorize
and direct the National Park Service to assist the State
of Georgia in relocating a highway affecting the Chicka-
mauga and Chattanooga National Military Park in Geor-
gia’’, approved December 24, 1987 (101 Stat. 1442), is
amended by striking ‘‘$30,000,000’’ and inserting
‘‘$51,900,000’’.
SEC. 606. SHENANDOAH VALLEY BATTLEFIELDS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Shenandoah Valley Battlefields National Historic Dis-
trict and Commission Act of 1996’’.
(b) CONGRESSIONAL FINDINGS.—The Congress finds
that—
210
(1) there are situated in the Shenandoah Valley
in the Commonwealth of Virginia the sites of several
key Civil War battles;
(2) certain sites, battlefields, structures, and
districts in the Shenandoah Valley are collectively of
national significance in the history of the Civil War;
(3) in 1992, the Secretary of the Interior issued
a comprehensive study of significant sites and struc-
tures associated with Civil War battles in the Shen-
andoah Valley, and found that many of the sites
within the Shenandoah Valley possess national sig-
nificance and retain a high degree of historical in-
tegrity;
(4) the preservation and interpretation of these
sites will make a vital contribution to the under-
standing of the heritage of the United States;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local gov-
ernment entities; and
(6) partnerships between Federal, State, and
local governments, the regional entities of such gov-
ernments, and the private sector offer the most ef-
fective opportunities for the enhancement and man-
211
agement of the Civil War battlefields and related
sites in the Shenandoah Valley.
(c) STATEMENT OF PURPOSE.—The purposes of this
section are to—
(1) preserve, conserve, and interpret the legacy
of the Civil War in the Shenandoah Valley;
(2) recognize and interpret important events
and geographic locations representing key Civil War
battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stone-
wall) Jackson campaign of 1862 and the decisive
campaigns of 1864;
(3) recognize and interpret the effect of the
Civil War on the civilian population of the Shen-
andoah Valley during the war and postwar recon-
struction period; and
(4) create partnerships among Federal, State,
and local governments, the regional entities of such
governments, and the private sector to preserve, con-
serve, enhance, and interpret the nationally signifi-
cant battlefields and related sites associated with the
Civil War in the Shenandoah Valley.
(d) DEFINITIONS.—As used in this section:
212
(1) The term ‘‘District’’ means the Shenandoah
Valley Battlefields National Historic District estab-
lished by section 5.
(2) The term ‘‘Commission’’ means the Shen-
andoah Valley Battlefields National Historic District
Commission established by section 9.
(3) The term ‘‘plan’’ means the Shenandoah
Valley Battlefields National Historic District Com-
mission plan approved by the Secretary under sec-
tion 6.
(4) The term ‘‘management entity’’ means a
unit of government or nonprofit organization des-
ignated by the plan to manage and administer the
District.
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) The term ‘‘Shenandoah Valley’’ means the
Shenandoah Valley in the Commonwealth of Vir-
ginia.
(e) SHENANDOAH
VALLEY
BATTLEFIELDS
NA-
TIONAL HISTORIC DISTRICT.—
(1) ESTABLISHMENT.—To carry out the pur-
poses of this section, there is hereby established the
Shenandoah Valley Battlefields National Historic
District in the Commonwealth of Virginia.
213
(2) BOUNDARIES.—(A) The corridor shall con-
sist of lands and interests therein as generally de-
picted on the map entitled ‘‘Shenandoah Valley Na-
tional Battlefields’’, numbered SHVA/80,000, and
dated April 1994.
(B) The District shall consist of historic trans-
portation routes linking the units depicted on the
map referred to in subparagraph (A).
(C) The map referred to in subparagraph (A)
shall be on file and available for public inspection in
the offices of the Commission, the management en-
tity, and in the appropriate offices of the National
Park Service.
(f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL
HISTORIC DISTRICT PLAN.—
(1) IN GENERAL.—The District shall be man-
aged and administered by the Commission and the
management entity in accordance with the purposes
of this Act and the Shenandoah Valley Battlefields
National Historic District plan developed by the
Commission and approved by the Secretary, as pro-
vided in this subsection.
(2) SPECIFIC PROVISIONS.—The plan shall in-
clude—
214
(A) an inventory which includes any prop-
erty in the District which should be preserved,
restored, managed, maintained, or acquired be-
cause of its national historic significance;
(B) provisions for the protection and inter-
pretation of the natural, cultural, and historic
resources of the District consistent with the
purposes of this section;
(C) provisions for the establishment of a
management entity which shall be a unit of gov-
ernment or a private nonprofit organization
that administers and manages the District con-
sistent with the plan, and possesses the legal
ability to—
(i) receive Federal funds and funds
from other units of government or other
organizations for use in preparing and im-
plementing the management plan;
(ii) disburse Federal funds to other
units of government or other nonprofit or-
ganizations for use in preparing and imple-
menting the plan;
(iii) enter into agreements with the
Federal, State, or other units of govern-
ment and nonprofit organizations;
215
(iv) acquire lands or interests therein
by gift or devise, or by purchase from a
willing seller using donated or appropriated
funds, or by donation and no lands or in-
terests therein may be acquired by con-
demnation; and
(v) make such reasonable and nec-
essary modifications to the plan which
shall be approved by the Secretary;
(D) recommendations to the Common-
wealth of Virginia (and political subdivisions
thereof) for the management, protection, and
interpretation of the natural, cultural, and his-
torical resources of the District;
(E) identification of appropriate partner-
ships between the Federal, State, and local gov-
ernments and regional entities, and the private
sector, in furtherance of the purposes of this
section;
(F) locations for visitor contact and major
interpretive facilities;
(G) provisions for implementing a continu-
ing program of interpretation and visitor edu-
cation concerning the resources and values of
the District;
216
(H) provisions for a uniform historical
marker and wayside exhibit program in the Dis-
trict, including a provision for marking, with
the consent of the owner, historic structures
and properties that are contained within the
historic core areas and contribute to the under-
standing of the District;
(I) recommendations for means of ensuring
continued local involvement and participation in
the management, protection, and development
of the District; and
(J) provisions for appropriate living history
demonstrations and battlefield reenactments.
(3) PREPARATION OF DRAFT PLAN.—(A) Not
later than 3 years after the date on which the Com-
mission conducts its first meeting, the Commission
shall submit to the Secretary a draft plan that meets
the requirements of paragraph (2).
(B) Prior to submitting the draft plan to the
Secretary, the Commission shall ensure that—
(i) the Commonwealth of Virginia, and any
political subdivision thereof that would be af-
fected by the plan, receives a copy of the draft
plan;
217
(ii) adequate notice of the availability of
the draft plan is provided through publication
in appropriate local newspapers in the area of
the District; and
(iii) at least 1 public hearing in the vicinity
of the District is conducted by the Commission
with respect to the draft plan.
(4) REVIEW
OF
THE
PLAN
BY
THE
SEC-
RETARY.—The Secretary shall review the draft plan
submitted under paragraph (3) and, not later than
90 days after the date on which the draft plan is
submitted, shall either—
(A) approve the draft plan as the plan if
the Secretary finds that the plan, when imple-
mented, would adequately protect the signifi-
cant historical and cultural resources of the
District; or
(B) reject the draft plan and advise the
Commission in writing of the reasons therefore
and indicate any recommendations for revisions
that would make the draft plan acceptable.
(g) DUTIES OF THE SECRETARY.—
(1) IN GENERAL.—The Secretary may award
grants, provide technical assistance and enter into
cooperative agreements with the Commission, man-
218
agement entity, other units of government, or other
persons to provide for the preservation and interpre-
tation of the natural, cultural, and historical re-
sources within the District.
(2) TECHNICAL
ASSISTANCE.—The Secretary
may make grants, provide technical assistance, and
enter into cooperative agreements for—
(A) the preparation and implementation of
the plan pursuant to subsection (f);
(B) interpretive and educational programs;
(C) acquiring lands or interests in lands
from willing sellers;
(D) capital projects and improvements un-
dertaken pursuant to the plan; and
(E) facilitating public access to historic re-
sources within the District.
(3) EARLY ACTIONS.—After enactment of this
Act but prior to approval of the plan, the Secretary
may provide technical and financial assistance for
early actions which are important to the purposes of
this Act and which protect and preserve resources in
imminent danger of irreversible damage but for the
fact of such early action.
(4) ACQUISITION
OF
LAND.—The Secretary
may acquire land and interests in lands from a will-
219
ing seller or donee within the District that have been
specifically identified by the Commission for acquisi-
tion by the Federal Government. No lands or inter-
ests therein may be acquired by condemnation.
(5) DETAIL.—Each fiscal year during the exist-
ence of the Commission and upon request of the
Commission, the Secretary shall detail to the Com-
mission, on a nonreimbursable basis, 2 employees of
the Department of the Interior to enable the Com-
mission to carry out the Commission’s duties under
section 9. Such detail shall be without interruption
or loss of civil service status, benefits, or privileges.
(6) REPORT.—Not later than 2 years after ap-
proval of the plan, the Secretary shall submit to
Congress a report recommending whether the Dis-
trict or components thereof meet the criteria for des-
ignation as a unit of the National Park Service.
(7) OTHER ASSISTANCE.—Nothing in this sec-
tion shall be deemed to prohibit the Secretary or
units of government from providing technical or fi-
nancial assistance under any other provision of law.
(h) SHENANDOAH
VALLEY
BATTLEFIELDS
NA-
TIONAL HISTORIC DISTRICT COMMISSION.—
220
(1) ESTABLISHMENT.—There is hereby estab-
lished the Shenandoah Valley Battlefields National
Historic District Commission.
(2) MEMBERSHIP.—The Commission shall be
composed of 19 members, to be appointed by the
Secretary as follows:
(A) 5 members representing local govern-
ments of communities in the vicinity of the Dis-
trict, appointed after the Secretary considers
recommendations made by appropriate local
governing bodies.
(B) 10 members representing property
owners within the District (1 member within
each unit of the battlefields).
(C) 1 member with demonstrated expertise
in historic preservation.
(D) 1 member who is a recognized histo-
rian with expertise in Civil War history.
(E) The Governor of Virginia, or a des-
ignee of the Governor, ex officio.
(F) The Director of the National Park
Service, or a designee of the Director, ex officio.
(3) APPOINTMENTS.—Members of the Commis-
sion shall be appointed for terms of 3 years. Any
member of the Commission appointed for a definite
221
term may serve after the expiration of the term until
the successor of the member is appointed.
(4) ELECTION OF OFFICERS.—The Commission
shall elect 1 of its members as Chairperson and 1
as Vice Chairperson. The Vice Chairperson shall
serve as Chairperson in the absence of the Chair-
person.
(5) VACANCY.—Any vacancy on the Commis-
sion shall be filled in the same manner in which the
original appointment was made, except that the Sec-
retary shall fill any vacancy within 30 days after the
vacancy occurs.
(6) QUORUM.—Any majority of the Commission
shall constitute a quorum.
(7) MEETINGS.—The Commission shall meet at
the call of the Chairperson or a majority of the
members of the Commission, but not less than quar-
terly. Notice of the Commission meetings and agen-
das for the meetings shall be published in local
newspapers that have a distribution throughout the
Shenandoah Valley. Meetings of the Commission
shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(8) STAFF OF THE COMMISSION.—The Commis-
sion shall have the power to appoint and fix the
222
compensation of such staff as may be necessary to
carry out its duties.
(9) ADMINISTRATIVE SUPPORT SERVICES.—The
Administrator of the General Services Administra-
tion shall provide to the Commission, without reim-
bursement, such administrative support services as
the Commission may request.
(10) FEDERAL
AGENCIES.—Upon request of
the Commission, the head of any Federal agency
may detail to the Commission or management entity,
without reimbursement, personnel of the agency to
assist the commission or management entity in car-
rying out its duties and such detail shall be without
interruption or loss of civil service status, benefits,
or privileges.
(11) SUBPOENAS.—The Commission may not
issue subpoenas or exercise any subpoena authority.
(12) EXPENSES.—Members of the Commission
shall serve without compensation, but the Secretary
may reimburse members for expenses reasonably in-
curred in carrying out the responsibilities of the
Commission under this Act.
(13) MAILS.—The Commission may use the
United States mails in the same manner and under
223
the same conditions as other departments and agen-
cies of the United States.
(14) GIFTS.—The Commission may, for pur-
poses of carrying out the duties of the Commission,
seek, accept, and dispose of gifts, bequests, or dona-
tions of money, personal or real property, or services
received from any source.
(15) TERMINATION.—The Commission shall
terminate at the expiration of the 45-day period be-
ginning on the date on which the Secretary approves
the plan under subsection (f)(4).
(i) DUTIES OF THE COMMISSION.—
(1) IN GENERAL.—The Commission shall—
(A) develop the plan and draft plan re-
ferred to in subsection (f), in consultation with
the Secretary;
(B) assist the Commonwealth of Virginia,
and any political subdivision thereof, in the
management, protection, and interpretation of
the natural, cultural, and historical resources
within the District, except that the Commission
shall in no way infringe upon the authorities
and policies of the Commonwealth of Virginia
or any political subdivision; and
224
(C) take appropriate action to encourage
protection of the natural, cultural, and historic
resources within the District by landowners,
local governments, organizations, and busi-
nesses.
(j) AUTHORIZATION OF APPROPRIATION.—
(1) IN
GENERAL.—From the amounts made
available to carry out the National Historic Preser-
vation Act, there are authorized to be appropriated
to the Commission not more than $250,000 annually
to remain available until expended.
(2) ASSISTANCE.—(A) From the amounts made
available to carry out the National Historic Preser-
vation Act, there are authorized to be appropriated
to the Secretary for grants and technical assistance
pursuant to subsections (g) (1), (2), and (3) not
more than $2,000,000 annually to remain available
until expended.
(B) The Federal share of any funds awarded
under subsection (g)(2) may not exceed the amount
of non-Federal funds provided for the preservation,
interpretation, planning, development, or implemen-
tation with respect to which the grant is awarded.
(3) LAND
ACQUISITION.—From the amounts
made available to carry out the National Historic
225
Preservation Act, there are authorized to be appro-
priated for land acquisition pursuant to subsection
(g)(4) not more than $2,000,000 annually to remain
available until expended.
(4) MANAGEMENT ENTITY.—From the amounts
made available to carry out the National Historic
Preservation Act, there are authorized to be appro-
priated to the management entity not more than
$500,000 annually to remain available until ex-
pended.
SEC. 607. WASHITA BATTLEFIELD.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) the Battle of the Washita, November
27, 1868, was one of the largest engagements
between Plains tribes and the United States
Army on the Southern Great Plains. The site is
a registered National Historic Landmark;
(B) Lt. Colonel George A. Custer, leading
the 7th United States Cavalry, attacked the
sleeping Cheyenne village of peace chief Black
Kettle. Custer’s attack resulted in more than
150 Indian casualties, many of them women
and children;
226
(C) the Battle of the Washita symbolizes
the struggle of the Southern Great Plains tribes
to maintain their traditional lifeways and not to
submit to reservation confinement; and
(D) the Washita battle site possesses a
high degree of integrity and the cultural land-
scape is essentially intact. The Cheyenne village
site has not been altered substantially except by
periodic flooding of the Washita River.
(2) PURPOSES.—The purposes of this section
are to—
(A) recognize the importance of the Battle
of the Washita as a nationally significant ele-
ment of frontier military history and as a sym-
bol of the struggles of the Southern Great
Plains tribes to maintain control of their tradi-
tional use areas; and
(B) establish the site of the Battle of the
Washita as a national historic site and provide
opportunities for American Indian groups in-
cluding the Cheyenne-Arapaho Tribe to be in-
volved in the formulation of plans and edu-
cational programs for the national historic site.
(b) ESTABLISHMENT.—
227
(1) IN GENERAL.—In order to provide for the
preservation and interpretation of the Battle of the
Washita, there is hereby established the Washita
Battlefield National Historic Site in the State of
Oklahoma (hereafter in this section referred to as
the ‘‘national historic site’’).
(2) BOUNDARY.—
(A) IN
GENERAL.—The national historic
site shall consist of—
(i) approximately 326 acres, as gen-
erally depicted on the map entitled
‘‘Washita Battlefield National Historic
Site’’, numbered 22,000A and dated 12/95;
and
(ii) the private lands subject to con-
servation easements referred to in sub-
section (d)(2).
(B) MAP.—The map referred to in sub-
paragraph (A)(i) shall be on file in the offices
of the Director of the National Park Service,
Department of the Interior, and other appro-
priate offices of the National Park Service. The
Secretary of the Interior (hereafter in this sec-
tion referred to as the ‘‘Secretary’’) may, from
time to time, make minor revisions in the
228
boundary of the national historic site in accord-
ance with section 7(c) of the Land and Water
Conservation Act of 1965 (16 U.S.C. 460l–4 et
seq.).
(c) ADMINISTRATION.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Director of the National Park Service,
shall manage the national historic site in accordance
with this section and the provisions of law generally
applicable to units of the National Park System, in-
cluding ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act
of August 21, 1935 (49 Stat. 666; U.S.C. 461–467).
(2) MANAGEMENT PURPOSES.—The Secretary
shall manage the national historic site for the follow-
ing purposes, among others:
(A) To protect and preserve the national
historic site, including the topographic features
important to the battle site, artifacts and other
physical remains of the battle, and the visual
scene as closely as possible as it was at the time
of the battle.
(B) To interpret the cultural and natural
resources of the historic site, providing for pub-
229
lic understanding and appreciation of the area
in such manner as to perpetuate these qualities
and values for future generations.
(3) CONSULTATION AND TRAINING.—The Sec-
retary, acting through the Director of the National
Park Service, shall consult regularly with the Chey-
enne-Arapaho Tribe on the formulation of the man-
agement plan provisions referred to in subsection
(e)(5) and on preparation of educational programs
provided to the public. The Secretary is authorized
to enter into cooperative agreements with the Chey-
enne-Arapaho Tribe, its subordinate boards, commit-
tees, enterprises, and traditional leaders to further
the purposes of this Act.
(d) ACQUISITION OF PROPERTY.—
(1) PARK BOUNDARIES.—Within the boundaries
of the national historic site, the Secretary is author-
ized to acquire lands and interests in lands by dona-
tion, purchase with donated or appropriated funds,
or exchange, except that—
(A) no lands or interests in lands within
the historic site may be acquired without the
consent of the owner thereof, and
230
(B) lands and interests in lands owned by
the State of Oklahoma or any political subdivi-
sion thereof may be acquired only by donation.
(2) CONSERVATION
EASEMENTS.—The Con-
gress finds that the State of Oklahoma, acting
through the Oklahoma Historical Society, will work
with local land owners to acquire and hold in per-
petuity conservation easements in the vicinity of the
national historic site as deemed necessary for the
visual and interpretive integrity of the site. The in-
tent of the easements will be to keep occupancy of
the land in private ownership and use of the land in
general agriculture.
(e) MANAGEMENT PLAN.—Within 5 years after the
date funds are made available for purposes of this section,
the Secretary, acting through the Director of the National
Park Service, shall prepare a general management plan
for the national historic site. The plan shall address, but
not be limited to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and
facilities that will be provided for public use, includ-
ing the location and cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
231
(5) Involvement by the Cheyenne-Arapaho
Tribe in the formulation of educational programs for
the national historic site.
(6) Involvement by the State of Oklahoma and
other local and national entities willing to share in
the responsibilities of developing and supporting the
national historic site.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
for land acquisition and development not more than
$5,000,000.
TITLE VII—FEES
SEC. 701. SKI AREA PERMIT RENTAL CHARGE.
(a) The Secretary of Agriculture shall charge a rental
charge for all ski area permits issued pursuant to section
3 of the National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.
1101, chapter 144; 16 U.S.C. 497), or the 9th through
20th paragraphs under the heading ‘‘SURVEYING THE
PUBLIC LANDS’’ under the heading ‘‘UNDER THE
DEPARTMENT OF THE INTERIOR’’ in the Act of
June 4, 1897 (30 Stat. 34, chapter 2), on National Forest
System lands. Permit rental charges for permits issued
pursuant to the National Forest Ski Area Permit Act of
1986 shall be calculated as set forth in subsection (b).
232
Permit rental charges for existing ski area permits issued
pursuant to the Act of March 4, 1915, and the Act of
June 4, 1897, shall be calculated in accordance with those
existing permits: Provided, That a permittee may, at the
permittee’s option, use the calculation method set forth
in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC)
shall be calculated by adding the permittee’s gross reve-
nues from lift ticket/year-round ski area use pass sales
plus revenue from ski school operations (LT+SS) and
multiplying such total by the slope transport feet percent-
age (STFP) on National Forest System land. That
amount shall be increased by the gross year-round revenue
from ancillary facilities (GRAF) physically located on na-
tional forest land, including all permittee or subpermittee
lodging, food service, rental shops, parking and other an-
cillary operations, to determine the adjusted gross revenue
(AGR) subject to the permit rental charge. The final rent-
al charge shall be calculated by multiplying the AGR by
the following percentages for each revenue bracket and
adding the total for each revenue bracket:
(A) 1.5 percent of all adjusted gross revenue
below $3,000,000;
(B) 2.5 percent for adjusted gross revenue be-
tween $3,000,000 and $15,000,000;
233
(C) 2.75 percent for adjusted gross revenue be-
tween $15,000,000 and $50,000,000; and
(D) 4.0 percent for the amount of adjusted
gross revenue that exceeds $50,000,000.
Utilizing the abbreviations indicated in this subsection the
ski area permit fee (SAPF) formula can be simply illus-
trated as:
SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS
(2) In cases where ski areas are only partially located
on national forest lands, the slope transport feet percent-
age on national forest land referred to in subsection (b)
shall be calculated as generally described in the Forest
Service Manual in effect as of January 1, 1992. Revenues
from Nordic ski operations shall be included or excluded
from the rental charge calculation according to the per-
centage of trails physically located on national forest land.
(3) In order to ensure that the rental charge remains
fair and equitable to both the United States and the ski
area permittees, the adjusted gross revenue figures for
each revenue bracket in paragraph (1) shall be adjusted
annually by the percent increase or decrease in the na-
tional Consumer Price Index for the preceding calendar
year. No later than 3 years after the date of enactment
of this Act and every 5 years thereafter the Secretary shall
submit to the Committee on Energy and Natural Re-
sources of the United States Senate and the Committee
234
on Resources of the United States House of Representa-
tives a report analyzing whether the ski area permit rental
charge legislated by this Act is returning a fair market
value rental to the United States together with any rec-
ommendations the Secretary may have for modifications
of the system.
(c) The rental charge set forth in subsection (b) shall
be due on June 1 of each year and shall be paid or prepaid
by the permittee on a monthly, quarterly, annual or other
schedule as determined appropriate by the Secretary in
consultation with the permittee. Unless mutually agreed
otherwise by the Secretary and the permittee, the payment
or prepayment schedule shall conform to the permittee’s
schedule in effect prior to enactment of this Act. To re-
duce costs to the permittee and the Forest Service, the
Secretary shall each year provide the permittee with a
standardized form and worksheets (including annual rent-
al charge calculation brackets and rates) to be used for
rental charge calculation and submitted with the rental
charge payment. Information provided on such forms shall
be compiled by the Secretary annually and kept in the Of-
fice of the Chief, United States Forest Service.
(d) The ski area permit rental charge set forth in this
section shall become effective on June 1, 1996 and cover
receipts retroactive to June 1, 1995: Provided, That if a
235
permittee has paid rental charges for the period June 1,
1995, to June 1, 1996, under the graduated rate rental
charge system formula in effect prior to the date of enact-
ment of this Act, such rental charges shall be credited to-
ward the new rental charge due on June 1, 1996. In order
to ensure increasing rental charge receipt levels to the
United States during transition from the graduated rate
rental charge system formula to the formula of this Act,
the rental charge paid by any individual permittee shall
be—
(1) for the 1995–1996 permit year, either the
rental charge paid for the preceding 1994–1995
base year or the rental charge calculated pursuant
to this Act, whichever is higher;
(2) for the 1996–1997 permit year, either the
rental charge paid for the 1994–1995 base year or
the rental charge calculated pursuant to this Act,
whichever is higher; and
(3) for the 1997–1998 permit year, either the
rental charge for the 1994–1995 base year or the
rental charge calculated pursuant to this Act, which-
ever is higher.
If an individual permittee’s adjusted gross revenue for the
1995–1996, 1996–1997, or 1997–1998 permit years falls
more than 10 percent below the 1994–1995 base year, the
236
rental charge paid shall be the rental charge calculated
pursuant to this Act.
(e) Under no circumstances shall revenue, or sub-
permittee revenue (other than lift ticket, area use pass,
or ski school sales) obtained from operations physically lo-
cated on non-national forest land be included in the ski
area permit rental charge calculation.
(f) To reduce administrative costs of ski area permit-
tees and the Forest Service the terms ‘‘revenue’’ and
‘‘sales’’, as used in this section, shall mean actual income
from sales and shall not include sales of operating equip-
ment, refunds, rent paid to the permittee by sublessees,
sponsor contributions to special events or any amounts at-
tributable to employee gratuities or employee lift tickets,
discounts, or other goods or services (except for bartered
goods and complimentary lift tickets) for which the per-
mittee does not receive money.
(g) In cases where an area of national forest land
is under a ski area permit but the permittee does not have
revenue or sales qualifying for rental charge payment pur-
suant to subsection (a), the permittee shall pay an annual
minimum rental charge of $2 for each national forest acre
under permit or a percentage of appraised land value, as
determined appropriate by the Secretary.
237
(h) Where the new rental charge provided for in sub-
section (b)(1) results in an increase in permit rental
charge greater than one-half of 1 percent of the permit-
tee’s adjusted gross revenue as determined under sub-
section (b)(1), the new rental charge shall be phased in
over a five-year period in a manner providing for increases
of approximately equal increments.
(i) To reduce Federal costs in administering the pro-
visions of this Act, the reissuance of a ski area permit
to provide activities similar in nature and amount to the
activities provided under the previous permit shall not con-
stitute a major Federal action for the purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4331
et seq.).
(j) Subject to valid existing rights, all lands located
within the boundaries of ski area permits issued prior to,
on or after the date of enactment of this Act pursuant
to authority of the Act of March 4, 1915 (38 Stat. 1101,
chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897,
or the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) are hereby and henceforth automatically
withdrawn from all forms of appropriation under the min-
ing laws and from disposition under all laws pertaining
to mineral and geothermal leasing and all amendments
thereto. Such withdrawal shall continue for the full term