235
SEC. 1807. NEW RIVER GORGE NATIONAL RIVER BOUNDARY 
MODIFICATIONS. 
(a) BOUNDARY MODIFICATION.—Section 1101 of the 
National Parks and Recreation Act of 1978 (16 U.S.C. 
460m–15) is amended by striking ‘‘NERI–80,028A, dated 
March 1996’’ and inserting ‘‘NERI 80,034, dated May 
2001’’. 
(b) LAND EXCHANGE.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall complete a fee simple land exchange in the 
vicinity of Beauty Mountain, Fayette County, West 
Virginia, to acquire a tract of land identified as 
NERI Tract Number 150–07 that lies adjacent to 
the boundary of the New River Gorge National 
River in exchange for a tract of land identified as 
NERI Tract Number 150–08 located within such 
boundary. 
(2) TREATMENT
OF
EXCHANGED
LANDS.—
Upon the completion of such land exchange—
(A) the land acquired by the United States 
in the exchange shall be included in the bound-
aries, and administered as part, of the New 
River Gorge National River; and 
(B) the land conveyed by the United 
States in the exchange shall be excluded from 
the boundaries, and shall not be administered
236
as part, of the New River Gorge National 
River. 
SEC. 1808. UNIVERSITY OF UTAH MUSEUM OF NATURAL 
HISTORY. 
(a) FINDINGS.—Congress finds that—
(1) the collection of the Utah Museum of Nat-
ural History in Salt Lake City, Utah, includes more 
than 1,000,000 archaeological, paleontological, zoo-
logical, geological, and botanical artifacts; 
(2) the collection of items housed by the Mu-
seum contains artifacts from land managed by—
(A) the Bureau of Land Management; 
(B) the Bureau of Reclamation; 
(C) the National Park Service; 
(D) the United States Fish and Wildlife 
Service; and 
(E) the Forest Service; 
(3) more than 75 percent of the Museum’s col-
lection was recovered from federally managed public 
land; and 
(4) the Museum has been designated by the leg-
islature of the State of Utah as the State museum 
of natural history. 
(b) DEFINITIONS.—In this title:
237
(1) MUSEUM.—The term ‘‘Museum’’ means the 
University of Utah Museum of Natural History in 
Salt Lake City, Utah. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(c) ASSISTANCE FOR MUSEUM.—The Secretary shall 
make a grant to the University of Utah in Salt Lake City, 
Utah, to pay the Federal share of the costs of construction 
of a new facility for the Museum, including the design, 
planning, furnishing, and equipping of the Museum. 
(d) GRANT REQUIREMENTS.—
(1) IN GENERAL.—To receive a grant under 
subsection (c), the Museum shall submit to the Sec-
retary a proposal for the use of the grant. 
(2) FEDERAL SHARE.—The Federal share of 
the costs described in subsection (c) shall not exceed 
25 percent. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$15,000,000, to remain available until expended. 
SEC. 1809. LOWER CONNECTICUT RIVER PARTNERSHIP 
ACT. 
(a) FINDINGS.—Congress finds the following: 
(1) The Connecticut River in the States of Con-
necticut and Massachusetts is a scenic region of cit-
238
ies and historic villages located in an internationally 
and nationally significant landscape of working 
farms, verdant forests, mountains, and broad fertile 
floodplains of New England’s longest river, the Con-
necticut River. 
(2) The Connecticut River and its tributaries 
provide outstanding fish and wildlife habitat, recre-
ation, and hydropower generation for the New Eng-
land region. 
(3) The Connecticut River has been recognized 
by Congress as part of the Silvio O. Conte National 
Fish and Wildlife Refuge, established by the Silvio 
O. Conte National Fish and Wildlife Refuge Act (16 
U.S.C. 668dd note; Public Law 102–212). 
(4) The demonstrated interest in stewardship of 
the River by the citizens living along the Connecticut 
River led to the Presidential designation of the River 
as one of 14 American Heritage Rivers on July 30, 
1998. 
(5) Where management of the River involves 
partnership with local communities and organiza-
tions, support for the partnership should be provided 
by the Secretary. 
(b) PURPOSE.—The purpose of this section is to au-
thorize the Secretary to provide to the States of Con-
239
necticut and Massachusetts technical and financial assist-
ance for management of the River in those States. 
(c) DEFINITIONS.—For the purpose of this section, 
the following definitions apply: 
(1) RIVER.—The term ‘‘River’’ means the Con-
necticut River. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means—
(A) the State of Connecticut; or 
(B) the State of Massachusetts. 
(d) ASSISTANCE FOR STATES.—
(1) IN GENERAL.—The Secretary may provide 
to the States technical and financial assistance in 
managing the River in cooperation and collaboration 
with local communities and regional planning agen-
cies, including assistance for the following: 
(A) Developing policies for water quality, 
flow management, and recreational boating for 
the River. 
(B) Developing protection plans for water 
quality in the River. 
(C) Developing a coordinated, collaborative 
approach on the part of the States for moni-
240
toring the quality of the River for human use 
and ecological health. 
(D) Restoring and protecting riverbanks to 
improve water quality and aquatic and riparian 
habitat for the River. 
(E) Encouraging and assisting commu-
nities, farmers, and riverfront landowners in—
(i) establishing and protecting ripar-
ian areas; and 
(ii) addressing nonpoint source pollu-
tion. 
(F) Encouraging and assisting commu-
nities in—
(i) protecting shoreland immediately 
along the River; and 
(ii) managing and treating stormwater 
runoff directly into the River. 
(G) In cooperation with and with the con-
sent of dam owners—
(i) evaluating the decommissioning of 
uneconomic dams along the River; and 
(ii) restoring natural riverine habitat 
immediately along the River. 
(H) Protecting and restoring the habitat of 
native trout, anadromous fisheries, and other
241
outstanding fish and wildlife resources within or 
on the River. 
(I) Developing and promoting locally 
planned, approved, and managed networks of 
water trails on the River. 
(J) Supporting local stewardship. 
(K) Encouraging public access to the River 
from towns and cities in the Valley. 
(e) ADMINISTRATIVE COSTS.—Not more than 10 per-
cent of the funds made available to any State under this 
section may be used for administrative costs. 
(f) COORDINATION WITH OTHER ENTITIES.—The 
Secretary shall encourage States receiving assistance 
under this section to work in coordination with units of 
local government and nonprofit organizations when car-
rying out activities listed in subsection (d). 
SEC. 1810. SPIRIT LAKE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The meander lines in the original surveys by 
John B. David, deputy surveyor, of two lakes in the 
State of Idaho, Spirit Lake, formerly known as Lake 
Tesemini, located in T. 53 N., R. 4 W., Boise Merid-
ian, and Twin Lakes, formerly known as Fish Lake, 
located in T. 52 N. and T. 53 N., R. 4 W., Boise
242
Meridian, do not reflect the current line of ordinary 
high water conditions. 
(2) All lands adjacent to the original meander 
lines have been patented. 
(b) PURPOSE.—The purpose of this section is to di-
rect the Secretary of the Interior to issue a recordable dis-
claimer of interest by the United States to any omitted 
lands or lands lying outside the record meander lines in 
the vicinity of the lakes referred to in subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) RECORDABLE DISCLAIMER OF INTEREST.—
The term ‘‘recordable disclaimer of interest’’ means 
a document recorded in the county clerk’s office or 
other such local office where real property docu-
ments are recorded, in which the United States dis-
claims any right, title, or interest to those lands 
found lying outside the recorded meander lines of 
the lakes referred to in section 1(a)(1), including 
omitted lands, if any. 
(2) OMITTED
LANDS.—The term ‘‘omitted 
lands’’ means those lands that were in place on the 
date of the original surveys referred to in subsection 
(a)(1) but were not included in the survey of the 
township and the meander lines of the water body 
due to gross error or fraud by the original surveyor.
243
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(d) SURVEYS.—The Secretary shall— 
(1) conduct a survey investigation of the condi-
tions along the lakeshores of Spirit Lake and Twin 
Lakes in the townships referenced in subsection (a); 
and 
(2) after the completion of the survey investiga-
tion, resurvey the original meander lines along the 
lakeshores, using the results of the survey investiga-
tion. 
(e) DISCLAIMER OF INTEREST IN LANDS ADJACENT 
TO SPIRIT LAKE AND TWIN LAKES, IDAHO.—Upon ac-
ceptance and approval of the surveys under subsection (d) 
by the Secretary, the Secretary shall—
(1) prepare a recordable disclaimer of interest 
with land descriptions, using the lot or tract num-
bers of the omitted lands, if any, and lands lying 
outside the record meander lines, as shown on the 
survey plats; and 
(2) record such recordable disclaimer of interest 
simultaneously with the filing of the surveys. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $400,000 
to carry out this section. Funds appropriated to carry out
244
the purposes of this section may be available without fiscal 
year limitation. 
SEC. 1811. CIVIL WAR BATTLEFIELD PRESERVATION ACT. 
(a) FINDINGS.—Congress finds the following: 
(1) Civil War battlefields provide a means for 
the people of the United States to understand a 
tragic period in the history of the United States. 
(2) According to the Report on the Nation’s 
Civil War Battlefields, prepared by the Civil War 
Sites Advisory Commission, and dated July 1993, of 
the 384 principal Civil War battlefields—
(A) almost 20 percent are lost or frag-
mented; 
(B) 17 percent are in poor condition; and 
(C) 60 percent have been lost or are in im-
minent danger of being fragmented by develop-
ment and lost as coherent historic sites. 
(b) PURPOSES.—The purposes of this section are—
(1) to act quickly and proactively to preserve 
and protect nationally significant Civil War battle-
fields through conservation easements and fee-simple 
purchases of those battlefields from willing sellers; 
and 
(2) to create partnerships among State and 
local governments, regional entities, and the private
245
sector to preserve, conserve, and enhance nationally 
significant Civil War battlefields. 
(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.—
The American Battlefield Protection Act of 1996 (16 
U.S.C. 469k) is amended—
(1) by redesignating subsection (d) as para-
graph (3) of subsection (c), and indenting appro-
priately; 
(2) in paragraph (3) of subsection (c) (as redes-
ignated by paragraph (1))—
(A) by striking ‘‘APPROPRIATIONS’’ and in-
serting ‘‘APPROPRIATIONS’’; and 
(B) by striking ‘‘section’’ and inserting 
‘‘subsection’’; 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) BATTLEFIELD
ACQUISITION
GRANT
PRO-
GRAM.—
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BATTLEFIELD
REPORT.—The term 
‘Battlefield Report’ means the document enti-
tled ‘Report on the Nation’s Civil War Battle-
fields’, prepared by the Civil War Sites Advi-
sory Commission, and dated July 1993.
246
‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi-
ble entity’ means a State or local government. 
‘‘(C) ELIGIBLE SITE.—The term ‘eligible 
site’ means a site—
‘‘(i) that is not within the exterior 
boundaries of a unit of the National Park 
System; and 
‘‘(ii) that is identified in the Battle-
field Report. 
‘‘(D) SECRETARY.—The term ‘Secretary’ 
means the Secretary of the Interior, acting 
through the American Battlefield Protection 
Program. 
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
tablish a battlefield acquisition grant program under 
which the Secretary may provide grants to eligible 
entities to pay the Federal share of the cost of ac-
quiring interests in eligible sites for the preservation 
and protection of those eligible sites. 
‘‘(3) NONPROFIT PARTNERS.—An eligible entity 
may acquire an interest in an eligible site using a 
grant under this subsection in partnership with a 
nonprofit organization. 
‘‘(4) NON-FEDERAL SHARE.—The non-Federal 
share of the total cost of acquiring an interest in an
247
eligible site under this subsection shall be not less 
than 50 percent. 
‘‘(5) LIMITATION ON LAND USE.—An interest 
in an eligible site acquired under this subsection 
shall be subject to section 6(f)(3) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 
460l–8(f)(3)). 
‘‘(6) REPORTS.—
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of the enactment of this subpara-
graph, the Secretary shall submit to Congress a 
report on the activities carried out under this 
subsection. 
‘‘(B) 
UPDATE
OF
BATTLEFIELD
RE-
PORT.—Not later than 2 years after the date of 
the enactment of this subsection, the Secretary 
shall submit to Congress a report that updates 
the Battlefield Report to reflect—
‘‘(i) preservation activities carried out 
at the 384 battlefields during the period 
between publication of the Battlefield Re-
port and the update; 
‘‘(ii) changes in the condition of the 
battlefields during that period; and
248
‘‘(iii) any other relevant developments 
relating to the battlefields during that pe-
riod. 
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated to the Secretary from the 
Land and Water Conservation Fund to provide 
grants under this subsection $10,000,000 for 
each of fiscal years 2004 through 2008. 
‘‘(B) 
UPDATE
OF
BATTLEFIELD
RE-
PORT.—There are authorized to be appro-
priated to the Secretary to carry out paragraph 
(6)(B), $500,000.’’; and 
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘as of’’ 
and all that follows through the period and in-
serting ‘‘on September 30, 2008.’’; and 
(B) in paragraph (2), by inserting ‘‘and 
provide battlefield acquisition grants’’ after 
‘‘studies’’. 
SEC. 1812. BLM REAUTHORIZATION. 
Section 318(a) of the Federal Lands Policy and Man-
agement Act of 1976 (43 U.S.C. 1748(a)) is amendment 
by striking ‘‘October 1, 2002’’ and inserting ‘‘October 1, 
2012’’.
249
SEC. 1813. UNION PACIFIC BIG BOY RELOCATON. 
(a) FINDINGS.—Congress finds the following: 
(1) During the early part of the 20th century, 
steam locomotives played a vital role in the econo-
mies of the West because they provided an effective 
means of mass transportation of freight. 
(2) Virtually all locomotives traveling east or 
west across America passed through Ogden, Utah, 
aptly dubbed the ‘‘Crossroads of the West’’. 
(3) 25 ‘‘Big Boy’’ steam locomotives were built 
in Schenectady, New York, by the American Loco-
motive Company, for the purpose of pulling long fast 
freight trains over the high grades of the Wasatch 
Mountains of Utah and Sherman Hill in Wyoming. 
The trains were delivered to Union Pacific in 1941 
and 1945. 
(4) Each Big Boy performed the work of three 
smaller engines, and was less expensive to transport 
freight than were smaller engines. 
(5) 
Each 
Big 
Boy 
traveled 
more 
than 
1,000,000 miles between Utah and Wyoming. 
(6) The last Big Boy was decommissioned in 
1962. 
(7) The year 2004 will mark the 80th anniver-
sary of the completion of Ogden Union Station, in
250
Utah, the western destination of the Big Boy loco-
motives. 
(8) The year 2019 will mark the 150th anniver-
sary of the driving of the Golden Spike that con-
nected the Central Pacific and Union Pacific rail-
roads, creating the world’s first transcontinental 
railroad. 
(9) Because the Big Boy played such an impor-
tant role in the economy and history of Utah, it 
should be represented at the sesquicentennial anni-
versary of the driving of the Golden Spike and the 
80th anniversary of the completion of Ogden Union 
Station. 
(10) Big Boy #4012 is the only one of the 25 
original Big Boys that is owned by the Federal Gov-
ernment and available to transport Ogden, Utah, for 
these events. 
(b) RELOCATION.—On or before January 1, 2004, 
the Secretary of the Interior shall relocate Union Pacific 
Big Boy #4012, located on the date of the enactment of 
this section at the Steamtown National Historic Site in 
Scranton, Pennsylvania, to the Crossroads of the West in 
Ogden, Utah, to remain in Ogden, Utah, until December 
31, 2019.
251
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $500,000 to carry out this 
section.
DIVISION B—FORESTS AND 
FOREST HEALTH
TITLE I—TONTO AND COCONINO 
NATIONAL FORESTS LAND EX-
CHANGE
SEC. 2101. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Certain private lands adjacent to the Mon-
tezuma Castle National Monument in Yavapai Coun-
ty, Arizona, are desirable for Federal acquisition to 
protect important riparian values along Beaver 
Creek and the scenic backdrop for the National 
Monument. 
(2) Certain other inholdings in the Coconino 
National Forest are desirable for Federal acquisition 
to protect important public values near Double 
Cabin Park. 
(3) Approximately 108 acres of land within the 
Tonto National Forest, northeast of Payson, Ari-
zona, are currently occupied by 45 residential cabins 
under special use permits from the Secretary of Ag-
riculture, and have been so occupied since the mid-
252
1950s, rendering such lands of limited use and en-
joyment potential for the general public. Such lands 
are, therefore, appropriate for transfer to the cabin 
owners in exchange for lands that will have higher 
public use values. 
(4) In return for the privatization of such en-
cumbered lands the Secretary of Agriculture has 
been offered approximately 495 acres of non-Federal 
land (known as the Q Ranch) within the Tonto Na-
tional Forest, east of Young, Arizona, in an area 
where the Secretary has completed previous land ex-
changes to consolidate public ownership of National 
Forest lands. 
(5) The acquisition of the Q Ranch non-Federal 
lands by the Secretary will greatly increase National 
Forest management efficiency and promote public 
access, use, and enjoyment of the area and sur-
rounding National Forest System lands. 
(b) PURPOSE.—The purpose of this title is to author-
ize, direct, facilitate, and expedite the consummation of 
the land exchanges set forth herein in accordance with the 
terms and conditions of this title. 
SEC. 2102. DEFINITIONS. 
As used in this title:
253
(1) DPSHA.—The term ‘‘DPSHA’’ means the 
Diamond Point Summer Homes Association, a non-
profit corporation in the State of Arizona. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means land to be conveyed into non-Federal owner-
ship under this title. 
(3) FLPMA.—The term ‘‘FLPMA’’ means the 
Federal Land Policy Management Act of 1976. 
(4) MCJV.—The term ‘‘MCJV’’ means the 
Montezuma Castle Land Exchange Joint Venture 
Partnership, an Arizona Partnership. 
(5) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means land to be conveyed to the Sec-
retary of Agriculture under this title. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, unless otherwise speci-
fied. 
SEC. 2103. MONTEZUMA CASTLE LAND EXCHANGE. 
(a) LAND EXCHANGE.—Upon receipt of a binding 
offer from MCJV to convey title acceptable to the Sec-
retary to the land described in subsection (b), the Sec-
retary shall convey to MCJV all right, title, and interest 
of the United States in and to the Federal land described 
in subsection (c).
254
(b) NON-FEDERAL.—The land described in this sub-
section is the following: 
(1) The approximately 157 acres of land adja-
cent to the Montezuma Castle National Monument, 
as generally depicted on the map entitled ‘‘Monte-
zuma Castle Contiguous Lands’’, dated May 2002. 
(2) Certain private land within the Coconino 
National Forest, Arizona, comprising approximately 
108 acres, as generally depicted on the map entitled 
‘‘Double Cabin Park Lands’’, dated September 
2002. 
(c) FEDERAL LAND.—The Federal land described in 
this subsection is the approximately 222 acres in the 
Tonto National Forest, Arizona, and surveyed as Lots 3, 
4, 8, 9, 10, 11, 16, 17, and Tract 40 in section 32, Town-
ship 11 North, Range 10 East, Gila and Salt River Merid-
ian, Arizona. 
(d) EQUAL VALUE EXCHANGE.—The values of the 
non-Federal and Federal land directed to be exchanged 
under this section shall be equal or equalized as deter-
mined by the Secretary through an appraisal performed 
by a qualified appraiser mutually agreed to by the Sec-
retary and MCJV and performed in conformance with the 
Uniform Appraisal Standards for Federal Land Acquisi-
tions (U.S. Department of Justice, December 2000), and
255
section 206(d) of the FLPMA (43 U.S.C. 1716(d)). If the 
values are not equal, the Secretary shall delete Federal 
lots from the conveyance to MCJV in the following order 
and priority, as necessary, until the values of Federal and 
non-Federal land are within the 25 percent cash equali-
zation limit of 206(b) of FLPMA: 
(1) Lot 3. 
(2) Lot 4. 
(3) Lot 9. 
(4) Lot 10. 
(5) Lot 11. 
(6) Lot 8. 
(e) CASH EQUALIZATION.—Any difference in value 
remaining after compliance with subsection (d) shall be 
equalized by the payment of cash to the Secretary or 
MCJV, as the circumstances dictate, in accordance with 
section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public 
Law 90–171 (16 U.S.C. 484a; commonly known as the 
‘‘Sisk Act’’) shall, without further appropriation, apply to 
any cash equalization payment received by the United 
States under this section. 
SEC. 2104. DIAMOND POINT—Q RANCH LAND EXCHANGE. 
(a) IN GENERAL.—Upon receipt of a binding offer 
from DPSHA to convey title acceptable to the Secretary 
to the land described in subsection (b), the Secretary shall
256
convey to DPSHA all right, title, and interest of the 
United States in and to the land described in subsection 
(c). 
(b) NON-FEDERAL LAND.—The land described in 
this subsection is the approximately 495 acres of non-Fed-
eral land generally depicted on the map entitled ‘‘Diamond 
Point Exchange—Q Ranch Non-Federal Lands’’, dated 
May 2002. 
(c) FEDERAL LAND.—The Federal land described in 
this subsection is the approximately 108 acres northeast 
of Payson, Arizona, as generally depicted on a map enti-
tled ‘‘Diamond Point Exchange—Federal Land’’, dated 
May 2002. 
(d) EQUAL VALUE EXCHANGE.—The values of the 
non-Federal and Federal land directed to be exchanged 
under this section shall be equal or equalized as deter-
mined by the Secretary through an appraisal performed 
by a qualified appraiser mutually agreed to by the Sec-
retary and DPSHA and in conformance with the Uniform 
Appraisal Standards for Federal Land Acquisitions (U.S. 
Department of Justice, December 2000), and section 
206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are 
not equal, they shall be equalized by the payment of cash 
to the Secretary or DPSHA pursuant to section 206(b) 
of FLPMA (43 U.S.C. 1716(b)). Public Law 90–171 (16
257
U.S.C. 484a; commonly known as the ‘‘Sisk Act’’) shall, 
without further appropriation, apply to any cash equali-
zation payment received by the United States under this 
section. 
(e) SPECIAL USE PERMIT TERMINATION.—Upon 
execution of the land exchange authorized by this section, 
all special use cabin permits on the Federal land shall be 
terminated. 
SEC. 2105. MISCELLANEOUS PROVISIONS. 
(a) EXCHANGE
TIMETABLE.—Not later than 6 
months after the Secretary receives an offer under section 
2103 or 2104, the Secretary shall execute the exchange 
under section 2103 or 2104, respectively, unless the Sec-
retary and MCJV or DPSHA, respectively, mutually agree 
to extend such deadline. 
(b) EXCHANGE PROCESSING.—Prior to executing the 
land exchanges authorized by this title, the Secretary shall 
perform any necessary land surveys and required 
preexchange clearances, reviews, and approvals relating to 
threatened and endangered species, cultural and historic 
resources, wetlands and floodplains and hazardous mate-
rials. If 1 or more of the Federal land parcels or lots, or 
portions thereof, cannot be transferred to MCJV or 
DPSHA due to hazardous materials, threatened or endan-
gered species, cultural or historic resources, or wetland
258
and flood plain problems, the parcel or lot, or portion 
thereof, shall be deleted from the exchange, and the values 
of the lands to be exchanged adjusted in accordance with 
subsections (d) and (e) of section 2103 or section 2104(d), 
as appropriate. In order to save administrative costs to 
the United States, the costs of performing such work, in-
cluding the appraisals required pursuant to this title, shall 
be paid by MCJV or DPSHA for the relevant property, 
except for the costs of any such work (including appraisal 
reviews and approvals) that the Secretary is required or 
elects to have performed by employees of the Department 
of Agriculture. 
(c) FEDERAL LAND RESERVATIONS AND ENCUM-
BRANCES.—The Secretary shall convey the Federal land 
under this title subject to valid existing rights, including 
easements, rights-of-way, utility lines and any other valid 
encumbrances on the Federal land as of the date of the 
conveyance under this title. If applicable to the land con-
veyed, the Secretary shall also retain any right of access 
as may be required by section 120(h) of the Comprehen-
sive Environmental Response, Compensation and Liability 
Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective 
action relating to hazardous substances as may be nec-
essary in the future.
259
(d) ADMINISTRATION
OF ACQUIRED LAND.—The 
land acquired by the Secretary pursuant to this title shall 
become part of the Tonto or Coconino National Forest, 
as appropriate, and be administered as such in accordance 
with the laws, rules, and regulations generally applicable 
to the National Forest System. Such land may be made 
available for domestic livestock grazing if determined ap-
propriate by the Secretary in accordance with the laws, 
rules, and regulations applicable thereto on National For-
est System land. 
(e) TRANSFER OF LAND TO PARK SERVICE.—Upon 
their acquisition by the United States, the ‘‘Montezuma 
Castle Contiguous Lands’’ identified in section 2103(d)(1) 
shall be transferred to the administrative jurisdiction of 
the National Park Service, and shall thereafter be perma-
nently incorporated in, and administered by the Secretary 
of the Interior as part of, the Montezuma Castle National 
Monument. 
TITLE II—OTHER LAND 
CONVEYANCES 
SEC. 2201. LAND CONVEYANCE AND SPECIAL USE AGREE-
MENT, FIVE MILE REGIONAL LEARNING CEN-
TER, CALIFORNIA. 
(a) CONVEYANCE.—The Secretary of Agriculture 
shall convey to the Clovis Unified School District of Cali-
260
fornia all right, title, and interest of the United States 
in and to a parcel of National Forest System land con-
sisting of 27.10 acres located within the southwest 1⁄4 of 
section 2, township 2 north, range 15 east, Mount Diablo 
base and meridian, California, which has been utilized as 
the Five Mile Regional Learning Center by the school dis-
trict since 1989 pursuant to a special use permit (Holder 
No. 2010–02) to provide natural resource conservation 
education to California youth. The conveyance shall in-
clude all structures, improvements, and personal property 
shown on original map #700602 and inventory dated Feb-
ruary 1, 1989. 
(b) SPECIAL USE AGREEMENT.—As soon as prac-
ticable after the date of the enactment of this Act, the 
Secretary shall enter into negotiations with the Clovis Uni-
fied School District to enter into a new special use permit 
for the approximately 100 acres of National Forest Sys-
tem land that, as of the date of the enactment of this Act, 
is being used by the school district pursuant to the permit 
described in subsection (a), but is not included in the con-
veyance under such subsection. 
(c) REVERSION.—In the event that the Clovis Unified 
School District discontinues its operation of the Five Mile 
Regional Learning Center, title to the real property con-
261
veyed under subsection (a) shall revert back to the United 
States. 
(d) COSTS AND MINERAL RIGHTS.—The conveyance 
under subsection (a) shall be for a nominal cost. Notwith-
standing such subsection, the conveyance does not include 
the transfer of mineral rights. 
SEC. 2202. LAND EXCHANGE, LOS PADRES NATIONAL FOR-
EST, CALIFORNIA. 
(a) EXCHANGE AUTHORIZED.—
(1) IN GENERAL.—If the United Water Con-
servation District of California (in this section re-
ferred to as the ‘‘District’’) conveys to the Secretary 
of Agriculture (in this section referred to as the 
‘‘Secretary’’) all of right, title, and interest of the 
District in and to the lands described in subsection 
(b)(1), the Secretary shall convey to the District, in 
exchange for such lands, all right, title, and interest 
of the United States in and to the National Forest 
System lands described in subsection (b)(2). 
(2) EXISTING RIGHTS.—The conveyance of Na-
tional Forest System lands under this section shall 
be subject to valid existing rights and to such terms, 
conditions, and reservations as may be required by 
this section or considered necessary by the Sec-
retary.
262
(3) TIME FOR EXCHANGE.—The Secretary and 
the District shall endeavor to complete the exchange 
in a timely manner. 
(b) EXCHANGE LANDS.—
(1) LANDS TO BE CONVEYED BY DISTRICT.—
The lands to be conveyed by the District under this 
section consist of approximately 340 acres as fol-
lows: 
(A) ‘‘Tract A’’—Approximately 40 acres, 
located in township 5 north, range 18 west, sec-
tion 16, NE1⁄4SE1⁄4, San Bernardino base and 
meridian. 
(B) ‘‘Tract B’’—Approximately 40 acres, 
located in township 5 north, range 18 west, sec-
tion 16, SE1⁄4NE1⁄4, San Bernardino base and 
meridian. 
(C) ‘‘Tract C’’—Approximately 80 acres, 
located in township 5 north, range 18 west, sec-
tion 16, S1⁄2SE1⁄4, San Bernardino base and 
meridian. 
(D) ‘‘Tract D’’—Approximately 160 acres, 
located in township 5 north, range 18 west, sec-
tion 21, NE1⁄4, San Bernardino base and me-
ridian.
263
(E) ‘‘Tract E’’—Approximately 20 acres, 
located in township 5 north, range 18 west, sec-
tion 15, N1⁄2SW1⁄4SW1⁄4, San Bernardino base 
and meridian. 
(2) LANDS TO BE CONVEYED BY SECRETARY.—
The National Forest System lands to be conveyed by 
the Secretary under this section consist of approxi-
mately 420 acres as follows: 
(A) ‘‘Tract 1’’—Approximately 80 acres, 
located in township 5 north, range 18 west, sec-
tion 10, E1⁄2SW1⁄4, San Bernardino base and 
meridian. 
(B) ‘‘Tract 2’’—Approximately 40 acres, 
located in township 5 north, range 18 west, sec-
tion 15, NE1⁄4NW1⁄4, San Bernardino base and 
meridian. 
(C) ‘‘Tract 3’’—Approximately 40 acres, 
located in township 5 north, range 18 west, sec-
tion 15, SW1⁄4SE1⁄4, San Bernardino base and 
meridian. 
(D) ‘‘Tract 4’’—Approximately 10 acres, 
located in township 5 north, range 18 west, sec-
tion 22, SW1⁄4SW1⁄4NE1⁄4, San Bernardino 
base and meridian.
264
(E) ‘‘Tract 5’’—Approximately 20 acres, 
located in township 5 north, range 18 west, sec-
tion 22, W1⁄2NW1⁄4SE1⁄4, San Bernardino base 
and meridian.
(F) ‘‘Tract 6’’—Approximately 40 acres, 
located in township 5 north, range 18 west, sec-
tion 22, SW1⁄4SE1⁄4, San Bernardino base and 
meridian.
(G) ‘‘Tract 7’’—Approximately 80 acres, 
located in township 5 north, range 18 west, sec-
tion 22, E1⁄2SW1⁄4, San Bernardino base and 
meridian. 
(H) ‘‘Tract 8’’—Approximately 20 acres, 
located in township 5 north, range 18 west, sec-
tion 22, N1⁄2NW1⁄4SW1⁄4, San Bernardino base 
and meridian. 
(I) ‘‘Tract 9’’—Approximately 80 acres, lo-
cated in township 5 north, range 18 west, sec-
tion 27, W1⁄2NE1⁄4, San Bernardino base and 
meridian. 
(J) ‘‘Tract 10’’—Approximately 10 acres, 
located in township 5 north, range 18 west, sec-
tion 27, NE1⁄4SW1⁄4NW1⁄4, San Bernardino 
base and meridian.
265
(3) CORRECTIONS TO LEGAL DESCRIPTIONS.—
By mutual agreement, the Secretary and the Dis-
trict may adjust the legal descriptions contained in 
this subsection to correct errors or to make minor 
adjustments in the lands to be exchanged. 
(c) PROCESSING OF LAND EXCHANGE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Secretary shall process the 
land exchange under this section in accordance with 
Forest Service land exchange regulations in subpart 
A of part 254 of title 36, Code of Federal Regula-
tions. 
(2) TITLE
STANDARDS.—The Secretary shall 
require that title to the District lands acquired by 
the Secretary under this section is in conformity 
with the title standards of the Attorney General of 
the United States. 
(d) EASEMENTS AND ACCESS.—
(1) RESERVATION.—In the conveyance of the 
National Forest System lands authorized by this 
section, the Secretary shall reserve easements for all 
roads and trails that the Secretary considers to be 
necessary or desirable to provide for administrative 
purposes and to ensure public access to National 
Forest System lands. In particular, the Secretary
266
shall reserve perpetual unrestricted rights of pedes-
trian access to the Potholes trailhead of the Los Pa-
dres National Forest. 
(2) ACCESSIBILITY.—In the case of the District 
lands acquired by the Secretary under this section, 
the Secretary shall provide reasonable access to pri-
vately owned inholdings consistent with section 
1323(a) of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3210(a)). 
(3) CONSTRUCTION
OF
PARKING
LOT.—As a 
condition on the receipt of National Forest System 
lands under this section, the District shall agree to 
construct a gravel parking area upon District lands 
for the Potholes trailhead of the Los Padres Na-
tional Forest, subject to the following requirements: 
(A) The District may reasonably regulate 
vehicular access to the trailhead in accordance 
with rules and regulations promulgated in ac-
cordance with applicable law. 
(B) Foot traffic to the trailhead shall be 
perpetual and unrestricted. 
(e) SPECIAL
USE
AUTHORIZATION
AND
EASE-
MENTS.—All special use authorizations and term ease-
ments issued by the Secretary with respect to the National 
Forest System lands described in subsection (b)(2) shall
267
not be renewed or reauthorized after the date of enact-
ment of this Act. 
(f) WATER RIGHTS.—The land exchange authorized 
by this section does not include any water rights owned 
by the District or the United States. 
(g) CASH EQUALIZATION.—
(1) LIMITS WAIVED.—The District or the Sec-
retary, as appropriate, may equalize the values of 
the lands to be exchanged under this section by a 
cash payment without regard to any statutory limit 
on the amount of such a cash equalization payment. 
(2) DISPOSITION
AND
USE
OF
FUNDS.—Any 
cash equalization payment received by the Secretary 
under this section shall be deposited into the fund 
established by Public Law 90–171 (commonly known 
as the ‘‘Sisk Act’’; 16 U.S.C. 484a). The payment 
shall be available to the Secretary for expenditure, 
without further appropriation, for the acquisition, 
construction, or improvement of administrative or 
recreational facilities for the Los Padres National 
Forest in Ventura County, Santa Barbara County, 
and San Luis Obispo County, California, or for the 
acquisition of land or interests in land in such coun-
ties.
268
(h) MANAGEMENT OF ACQUIRED LANDS.—The Dis-
trict lands acquired by the Secretary under this section 
shall be added to and administered as part of the Los Pa-
dres National Forest in accordance with the laws and reg-
ulations applicable to that national forest. 
SEC. 2203. COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD 
IN THE STATE OF OREGON. 
(a) DEFINITIONS.—In this section: 
(1) WEST
BUTTE
ROAD.—The term ‘‘West 
Butte Road’’ means the unpaved Bureau of Land 
Management road in the State of Oregon identified 
on the map as BLM Road 6520. 
(2) COUNTY.—The term ‘‘County’’ means each 
of Crook County and Deschutes County in the State 
of Oregon. 
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘West Butte Road Right of Way’’ dated July 
17, 2002. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management. 
(b) GRANT
TO COUNTIES.—Notwithstanding any 
other Act, and subject to subsection (d), the Secretary 
shall grant to each County a right-of-way to the West 
Butte Road.
269
(c) BOUNDARIES.—
(1) IN GENERAL.—Subject to paragraph (2), 
the rights-of-way granted under subsection (b) 
shall—
(A) extend in length from Reservoir Road 
in Crook County to United States Route 20 in 
Deschutes County, Oregon; and 
(B) shall extend in width 100 feet on each 
side of the centerline of West Butte Road. 
(2) MODIFICATIONS.—
(A) STATE ROADS.—
(i) IN GENERAL.—The Secretary shall 
amend the existing rights-of-way of each of 
the Counties as contained in their respec-
tive road case files to include the rights-of-
way granted under subsection (b). 
(ii) 
EFFECT.—The 
rights-of-way 
amended under clause (i) shall be subject 
to the common terms, conditions, and stip-
ulations identified in the Counties’ rights-
of-way grants that apply on the date of en-
actment of this Act. 
(iii) CONSIDERATION
OF
ENVIRON-
MENTAL CONCERNS.—Environmental con-
cerns associated with any development of
270
the West Butte Road shall be addressed by 
the County in meeting compliance require-
ments associated with State and Federal 
highway projects and the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) as administered by the Fed-
eral Highway Administration. 
(B) WEST BUTTE ROAD.—Notwithstanding 
any other Act, the Secretary shall provide for 
adjustment to the right-of-way width and align-
ment granted under subsection (b) in portions 
of the West Butte Road necessary for the road 
to meet applicable State and Federal highway 
standards. 
(d) RELINQUISHMENT
OF
RIGHT-OF-WAY.—The 
right-of-way granted to each County under subsection (b) 
shall be contingent upon the Counties relinquishing any 
right, title, or interest in and to any RS 2477 right-of-
way claim held by the Counties to the portion of the road 
known as George Millican Road that is located in the area 
described in subsection (c)(1).
271
SEC. 
2204. 
LAND 
CONVEYANCE, 
FARAWAY 
RANCH, 
MENDOCINO 
NATIONAL 
FOREST, 
CALI-
FORNIA. 
(a) CONVEYANCE REQUIRED.—Subject to subsection 
(b), the Secretary of Agriculture shall convey to the owner 
of the property known as the Faraway Ranch in Lake 
County, California (in this section referred to as the ‘‘re-
cipient’’), by quitclaim deed, all right, title, and interest 
of the United States in and to the following National For-
est System lands in Mendocino National Forest in Lake 
County, California: 
(1) ‘‘Faraway Ranch, Tract 39’’ (approximately 
15.8 acres) consisting of a portion of lot 6 of section 
4, township 18 north, range 10 west, Mount Diablo 
base and meridian, as generally depicted on the map 
entitled ‘‘Faraway Ranch, Tracts 39 and 40’’ and 
dated June 30, 2002. 
(2) ‘‘Faraway Ranch, Tract 40’’ (approximately 
105.1 acres) consisting of a portion of the N1⁄2SW1⁄4 
and lot 7 of section 4, and a portion of lots 15 and 
16 of section 5, township 18 north, range 10 west, 
Mount Diablo base and meridian, as generally de-
picted on the map entitled ‘‘Faraway Ranch, Tracts 
39 and 40’’ and dated June 30, 2002. 
(b) TIME FOR CONVEYANCE.—The Secretary shall 
make the conveyance under subsection (a) not later than
272
120 days after the date on which the recipient deposits 
sufficient funds with the Bureau of Land Management, 
California State Office, Branch of Geographic Services, to 
cover survey work costs and with the Forest Service, 
Mendocino National Forest, to cover Forest Service direct 
transaction costs described in subsection (e). 
(c) CORRECTIONS.—With the agreement of the re-
cipient, the Secretary may make minor corrections to the 
legal descriptions and map of the lands to be conveyed 
pursuant to this Act. 
(d) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the recipient shall pay to 
the Secretary an amount equal to the fair market value 
of the National Forest System lands conveyed under such 
subsection. The fair market value of such lands shall be 
determined by an appraisal that is acceptable to the Sec-
retary and conforms with the Federal appraisal standards, 
as defined in the Uniform Appraisal Standards for Fed-
eral Land Acquisitions developed by the Interagency Land 
Acquisition Conference. 
(e) PAYMENT OF COSTS.—All direct transaction costs 
associated with the conveyance under section (a), includ-
ing the costs of appraisal, title, and survey work, shall be 
paid by the recipient. 
(f) USE OF PROCEEDS.—
273
(1) DEPOSIT.—The Secretary shall deposit the 
amounts received by the Secretary as consideration 
under subsection (d) in the fund established by Pub-
lic Law 90–171 (commonly known as the Sisk Act; 
16 U.S.C. 484a). 
(2) USE.—Funds deposited under paragraph 
(1) shall be available to the Secretary until ex-
pended, without further appropriation—
(A) for the acquisition of land and inter-
ests in land for National Forest System pur-
poses in the State of California; and 
(B) for reimbursement of costs incurred by 
the Forest Service in making the conveyance 
under subsection (a). 
(3) STATUS
OF
ACQUIRED
LAND.—Notwith-
standing Public Law 85–862 (16 U.S.C. 521a), any 
lands acquired under paragraph (2)(A) shall be 
managed as lands acquired under the March 1, 1911 
(commonly known as the Weeks Act; 16 U.S.C. 480, 
500, 515 et seq.), regardless of whether any of the 
lands conveyed under subsection (a) were reserved 
from the public domain. 
(g) WITHDRAWAL.—Subject to valid existing rights, 
the lands to be conveyed under subsection (a) are hereby 
withdrawn from all forms of location, entry, and patent
274
under the public land laws and the mining and mineral 
leasing laws of the United States. 
SEC. 2205. CONVEYANCE OF REAL PROPERTY, DIXIE NA-
TIONAL FOREST, UTAH. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, subject to valid, existing 
rights, the Secretary of Agriculture shall convey to Kirk 
R. Harrison, who owns property in Pinto Valley, Utah, 
at fair market value, all right, title, and interest, including 
appurtenances, of the United States to—
(1) the land depicted on the Map as ‘‘Purchase 
A’’; and 
(2) the land depicted on the Map as ‘‘Purchase 
B’’. 
(b) MAP.—
(1) DEFINITION.—For the purposes of this sec-
tion, the term ‘‘Map’’ means the map entitled ‘‘Ex-
hibit G’’ and dated ‘‘September 10, 2002’’. 
(2) ON FILE.—The Map shall be kept on file 
and available for public inspection in the office of 
the Chief of the Forest Service. The Secretary of 
Agriculture may make technical corrections to the 
Map. 
(c) TREATMENT OF PROCEEDS.—All funds received 
pursuant to this section shall be deposited in the fund es-
275
tablished under section 8 of Public Law 90-171 (16 
U.S.C. 484a; commonly known as the ‘‘Sisk Act’’) and 
shall remain available to the Secretary of Agriculture until 
expended for the acquisition of lands and interests in land 
for inclusion in the Dixie National Forest. 
(d) APPRAISAL.—The Secretary shall determine the 
fair market value of the property conveyed by subsection 
(a) by using nationally recognized appraisal standards, in-
cluding, to the extent appropriate—
(1) the uniform appraisal standards for Federal 
land acquisitions; 
(2) the uniform standards of professional ap-
praisal practice; and 
(3) other applicable law. 
SEC. 2206. ELECTRICITY TRANSMISSION LINE RIGHT-OF-
WAY, CLEVELAND NATIONAL FOREST. 
(a) ISSUANCE.—Notwithstanding any other provision 
of Federal law, the Secretary of the Interior and the Sec-
retary of Agriculture shall issue all necessary grants, ease-
ments, permits, plan revisions or amendments, and other 
approvals to allow for the siting and construction of a 
high-voltage electricity transmission line right-of-way run-
ning approximately north to south through the Trabuco 
Ranger District of the Cleveland National Forest in the 
State of California and adjacent lands under the jurisdic-
276
tion of the Bureau of Land Management and the Forest 
Service. The right-of-way approvals shall provide all nec-
essary Federal authorization from the Secretaries of Agri-
culture and the Interior for the routing, construction, op-
eration, and maintenance of a 500 KV transmission line 
capable of meeting the region’s long-term electricity trans-
mission needs between the existing Valley-Serrano trans-
mission line to the north and the Telega-Escondido trans-
mission line to the south, and for connecting to future gen-
erating capacity that may be developed in the region. 
(b) PROTECTION OF WILDERNESS AREAS.—The Sec-
retary of the Interior and the Secretary of Agriculture 
shall not allow any portion of a transmission line right-
of-way corridor identified in subsection (a) to enter any 
identified wilderness area in existence as of the date of 
the enactment of this Act. 
(c) ENVIRONMENTAL
AND
ADMINISTRATIVE
RE-
VIEW.—Nothing in this section shall affect the applica-
bility of any environmental or administrative review re-
quired under other provision of laws, including the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
note) or the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). The Secretary of the Interior, acting 
through the Bureau of Land Management, shall be the 
lead Federal agency with overall responsibility to ensure
277
completion of required environmental and other reviews of 
the approvals to be issued under subsection (a). For the 
portions of the corridor on Forest Service land, the Sec-
retary of Agriculture shall complete all required environ-
mental reviews and administrative actions, in coordination 
with the Secretary of the Interior. It is anticipated that 
the right-of-way route through the Trabuco Ranger Dis-
trict of the Cleveland National Forest will make it unnec-
essary to construct regional transmission lines through 
heavily populated lands in the Temecula Valley. 
(d) TIME FOR REVIEW AND ISSUANCE.—Any Federal 
agency that conducts or participates in any environmental 
or administrative review of the approvals to be issued 
under subsection (a) shall work expeditiously, and com-
plete such review as soon as possible, taking full advantage 
of any ongoing governmental review processes for any 
similar or associated projects and proposals, and using all 
existing or ongoing studies, reports, and assessments to 
satisfy review requirements. The necessary grants, ease-
ments, permits, plan amendments and other approvals for 
the transmission line right-of-way shall be issued within 
60 days after the completion of the administrative and en-
vironmental review under subsection (c). 
(e) PRESERVING STATE AUTHORITY.—Nothing in 
this section shall affect the authority of the State of Cali-
278
fornia in making any decision regarding the siting or pub-
lic need for the transmission line described in subsection 
(a). 
(f) OTHER TERMS AND CONDITIONS.—The trans-
mission line right-of-way shall be subject to such terms 
and conditions as the Secretary of the Interior and the 
Secretary of Agriculture consider necessary, as a result 
of the environmental review under subsection (c), to pro-
tect the value of historic, cultural, tribal, and natural re-
sources under the jurisdiction of the Department of the 
Interior or the Department of Agriculture. 
SEC. 2207. LAND EXCHANGE, SAN ISABEL NATIONAL FOR-
EST, COLORADO. 
(a) EXCHANGE REQUIRED.—In exchange for the pri-
vate property described in subsection (b), the Secretary 
of Agriculture shall convey to E. Michael Senter of Buena 
Vista, Colorado (in this section referred to as the ‘‘recipi-
ent’’), all right, title, and interest of the United States 
in and to a parcel of real property consisting of approxi-
mately 2.2 acres in the San Isabel National Forest, Colo-
rado, as generally depicted on the map entitled ‘‘Senter 
Exchange’’ , dated September 20, 2002. The conveyance 
under this subsection shall be made upon the receipt by 
the Secretary of a binding offer for the conveyance of title
279
acceptable to the Secretary to the property described in 
subsection (b). 
(b) CONSIDERATION.—As consideration for the prop-
erty to be conveyed by the Secretary under subsection (a), 
the recipient shall convey to the Secretary a parcel of real 
property consisting of approximately 2.0 acres located 
within the boundaries of the San Isabel National Forest. 
This parcel is also generally depicted on the map referred 
to in subsection (a). 
(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The 
values of the properties to be exchanged under this section 
shall be equal or equalized as provided in subsection (d). 
The value of the properties shall be determined through 
an appraisal performed by a qualified appraiser mutually 
agreed to by the Secretary and the recipient. The ap-
praisal shall be performed in conformance with the Uni-
form Appraisal Standards for Federal Land Acquisitions 
(Department of Justice, December 2000) and shall be 
completed not later than 120 days after the date of the 
enactment of this Act. 
(d) CASH EQUALIZATION.—Any difference in the 
value of the properties to be exchanged under this section 
shall be equalized through the making of a cash equali-
zation payment. The Secretary shall deposit any cash 
equalization payment received by the Secretary under this
280
subsection in the fund established by Public Law 90-171 
(commonly known as the Sisk Act; 16 U.S.C. 484a). 
(e) PAYMENT OF COSTS.—All direct costs associated 
with the conveyances under this section, including the 
costs of appraisal, title, and survey work, shall be borne 
by the Secretary. 
(f) ADMINISTRATION
OF ACQUIRED LAND.—The 
property acquired by the Secretary under this section shall 
become part of the San Isabel National Forest and be ad-
ministered as such in accordance with the laws, rules, and 
regulations generally applicable to the National Forest 
System. 
TITLE III—WILDERNESS AREAS 
SEC. 2301. OPERATION AND MAINTENANCE OF CERTAIN 
WATER IMPOUNDMENT STRUCTURES IN THE 
EMIGRANT WILDERNESS, STANISLAUS NA-
TIONAL FOREST, CALIFORNIA. 
(a) COOPERATIVE AGREEMENT FOR MAINTENANCE 
AND OPERATION.—The Secretary of Agriculture shall 
enter into a cooperative agreement with a non-Federal en-
tity described in subsection (c), under which the entity will 
retain, maintain, and operate at private expense the water 
impoundment structures specified in subsection (b) that 
are located within the boundaries of the Emigrant Wilder-
ness in the Stanislaus National Forest, California, as des-
281
ignated by section 2(b) of Public Law 93–632 (88 Stat. 
2154; 16 U.S.C. 1132 note). 
(b) 
COVERED
WATER
IMPOUNDMENT
STRUC-
TURES.—The cooperative agreement required by sub-
section (a) shall cover the water impoundment structures 
located at the following: 
(1) Cow Meadow Lake. 
(2) Y-Meadow Lake. 
(3) Huckleberry Lake. 
(4) Long Lake. 
(5) Lower Buck Lake. 
(6) Leighton Lake. 
(7) High Emigrant Lake. 
(8) Emigrant Meadow Lake. 
(9) Middle Emigrant Lake. 
(10) Emigrant Lake. 
(11) Snow Lake. 
(12) Bigelow Lake. 
(c) ELIGIBLE ENTITY.—The following non-Federal 
entities are eligible to enter into the cooperative agreement 
under subsection (a): 
(1) A non-profit organization as defined in sec-
tion 501(c)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 501(c)(3)).
282
(2) The State of California or a political sub-
division of the State. 
(3) A private individual, organization, corpora-
tion, or other legal entity. 
(d) RESPONSIBILITIES OF THE SECRETARY.—
(1) MAP.—The Secretary of Agriculture shall 
prepare a map identifying the location, size, and 
type of each water impoundment structure covered 
by the cooperative agreement under subsection (a). 
(2) TERMS AND CONDITIONS OF AGREEMENT.—
The Secretary shall prescribe the terms and condi-
tions of the cooperative agreement, which shall set 
forth the rights and obligations of the Secretary and 
the non-Federal entity. At a minimum, the coopera-
tive agreement shall—
(A) require the non-Federal entity to oper-
ate and maintain the water impoundment struc-
tures covered by the agreement in accordance 
with a plan of operations approved by the Sec-
retary; 
(B) require approval by the Secretary of 
all operation and maintenance activities to be 
conducted by the non-Federal entity; 
(C) require the non-Federal entity to com-
ply with all applicable State and Federal envi-
283
ronmental, public health, and safety require-
ments; and 
(D) establish enforcement standards, in-
cluding termination of the cooperative agree-
ment for noncompliance by the non-Federal en-
tity with the terms and conditions. 
(3) COMPLIANCE.—The Secretary shall ensure 
that the non-Federal entity remains in compliance 
with the terms and conditions of this section and the 
cooperative agreement. 
(e) RESPONSIBILITIES OF THE NON-FEDERAL ENTI-
TY.—The non-Federal entity shall be responsible for—
(1) carrying out its operation and maintenance 
activities with respect to the water impoundment 
structures covered by the cooperative agreement 
under subsection (a) in conformance with this sec-
tion and the cooperative agreement; and 
(2) the costs associated with the maintenance 
and operation of the structures. 
(f) PROHIBITION ON USE OF MECHANIZED TRANS-
PORT AND MOTORIZED EQUIPMENT.—The non-Federal 
entity may not use mechanized transport or motorized 
equipment—
284
(1) to operate or maintain the water impound-
ment structures covered by the cooperative agree-
ment under subsection (a); or 
(2) to otherwise conduct activities in the Emi-
grant Wilderness pursuant to the cooperative agree-
ment. 
(g) EXPANSION OF AGREEMENT TO COVER ADDI-
TIONAL STRUCTURES.—In the case of the six water im-
poundment structures located within the boundaries of the 
Emigrant Wilderness, but not specified in subsection (b), 
the Secretary of Agriculture may expand the scope of the 
cooperative agreement under subsection (a), with the con-
sent of the State of California and the other party to the 
agreement, to include one or more of these structures, sub-
ject to the same terms and conditions as apply to the 
structures specified in subsection (b). 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Agri-
culture $20,000 to cover administrative costs incurred by 
the Secretary to comply with the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) in carrying out this section.
285
SEC. 2302. MOUNT NEBO WILDERNESS BOUNDARY ADJUST-
MENT. 
(a) LANDS REMOVED.—The boundary of the Mount 
Nebo Wilderness is adjusted to exclude the following: 
(1) MONUMENT SPRINGS.—The approximately 
8.4 acres of land depicted on the Map as ‘‘Monu-
ment Springs’’. 
(2) GARDNER
CANYON.—The approximately 
177.8 acres of land depicted on the Map as ‘‘Gard-
ner Canyon’’. 
(3) BIRCH
CREEK.—The approximately 5.0 
acres of land depicted on the Map as ‘‘Birch Creek’’. 
(4) INGRAM CANYON.—The approximately 15.4 
acres of land depicted on the Map as ‘‘Ingram Can-
yon’’. 
(5) WILLOW NORTH A.—The approximately 3.4 
acres of land depicted on the Map as ‘‘Willow North 
A’’. 
(6) WILLOW NORTH B.—The approximately 6.6 
acres of land depicted on the Map as ‘‘Willow North 
B’’. 
(7) WILLOW SOUTH.—The approximately 21.5 
acres of land depicted on the Map as ‘‘Willow 
South’’.
286
(8) 
MENDENHALL
CANYON.—The 
approxi-
mately 9.8 acres of land depicted on the Map as 
‘‘Mendenhall Canyon’’. 
(9) WASH
CANYON.—The approximately 31.4 
acres of land depicted on the Map as ‘‘Wash Can-
yon’’. 
(b) LANDS ADDED.—Subject to valid existing rights, 
the boundary of the Mount Nebo Wilderness is adjusted 
to include the approximately 293.2 acres of land depicted 
on the Map for addition to the Mount Nebo Wilderness. 
The Utah Wilderness Act of 1984 (Public Law 94–428) 
shall apply to the land added to the Mount Nebo Wilder-
ness pursuant to this subsection. 
(c) MAP.—
(1) DEFINITION.—For the purpose of this sec-
tion, the term ‘‘Map’’ means the map entitled ‘‘Mt. 
Nebo Wilderness Boundary Adjustment’’, numbered 
531, and dated May 29, 2001. 
(2) MAP ON FILE.—The Map and the final doc-
ument entitled ‘‘Mount Nebo, Proposed Boundary 
Adjustments, Parcel Descriptions (See Map #531)’’ 
and dated June 4, 2001, shall be on file and avail-
able for inspection in the office of the Chief of the 
Forest Service, Department of Agriculture.
287
(3) CORRECTIONS.—The Secretary of Agri-
culture may make technical corrections to the Map. 
(d) TECHNICAL
BOUNDARY
ADJUSTMENT.—The 
boundary of the Mount Nebo Wilderness is adjusted to 
exclude the approximately 21.26 acres of private property 
located in Andrews Canyon, Utah, and depicted on the 
Map as ‘‘Dale’’. 
SEC. 2303. BOUNDARY ADJUSTMENTS, MOUNT NAOMI WIL-
DERNESS. 
(a) LANDS REMOVED.—The boundary of the Mount 
Naomi Wilderness is adjusted to exclude the approxi-
mately 31 acres of land depicted on the Map as ‘‘Land 
Excluded’’. 
(b) LANDS ADDED.—Subject to valid existing rights, 
the boundary of the Mount Naomi Wilderness is adjusted 
to include the approximately 31 acres of land depicted on 
the Map as ‘‘Land Added’’. The Utah Wilderness Act of 
1984 (Public Law 98–428) shall apply to the land added 
to the Mount Naomi Wilderness pursuant to this sub-
section. 
(c) MAP.—
(1) DEFINITION.—For the purpose of this sec-
tion, the term ‘‘Map’’ means the map entitled ‘‘Mt. 
Naomi Wilderness Boundary Adjustment’’ and dated 
May 23, 2002.
288
(2) MAP ON FILE.—The Map shall be on file 
and available for inspection in the office of the Chief 
of the Forest Service, Department of Agriculture. 
(3) CORRECTIONS.—The Secretary of Agri-
culture may make technical corrections to the Map.
SEC. 2304. WILDERNESS DESIGNATION, CARIBBEAN NA-
TIONAL FOREST, PUERTO RICO. 
(a) EL TORO WILDERNESS.—In furtherance of the 
purposes of the Wilderness Act (16 U.S.C. 113 et seq.), 
the approximately 10,000 acres of land in the Caribbean 
National Forest/Luquillo Experimental Forest in the 
Commonwealth of Puerto Rico that were proposed for wil-
derness classification in the revised land and resource 
management plan for the Caribbean National Forest/
Luquillo Experimental Forest, approved April 17, 1997, 
are hereby designated as wilderness and, therefore, as a 
component of the National Wilderness Preservation Sys-
tem. The designated lands shall be known as the El Toro 
Wilderness. 
(b) WILDERNESS BOUNDARIES.—The El Toro Wil-
derness shall consist of those lands that were proposed for 
wilderness classification in the management plan referred 
to in subsection (a), except that the Secretary of Agri-
culture shall locate the boundaries of the wilderness area 
so that existing municipal water intakes will not be within
289
the wilderness boundaries and the boundaries shall be lo-
cated at least 600 feet west of Highway PR 191 from Kil-
ometer 6.5 to Kilometer 12.0. 
(c) MAP AND DESCRIPTION.—
(1) PREPARATION AND SUBMISSION.—As soon 
as practicable after the date of the enactment of this 
Act, the Secretary of Agriculture shall prepare a 
map and a boundary description of the El Toro Wil-
derness and submit the map and boundary descrip-
tion to the Committee on Resources of the House of 
Representatives and the Committee on Energy and 
Natural Resources of the Senate. The map and 
boundary description shall be on file and available 
for public inspection in the office of the Chief of the 
Forest Service. 
(2) TREATMENT.—The map and boundary de-
scription prepared under paragraph (1) shall have 
the same force and effect as if included in this sec-
tion. The Secretary may correct clerical and typo-
graphical errors in the map and description. 
(d) ADMINISTRATION.—Subject to valid existing 
rights, the Secretary of Agriculture shall administer the 
El Toro Wilderness in accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.) and this section. With respect 
to the El Toro Wilderness, any reference in the Wilderness
290
Act to the effective date of the Wilderness Act shall be 
deemed to be a reference to the date of the enactment 
of this Act. 
(e) SPECIAL MANAGEMENT CONSIDERATIONS.—Des-
ignation of the El Toro Wilderness, and the applicability 
of the Wilderness Act to the wilderness area, shall not be 
construed to prevent any of the following activities, subject 
to such conditions as the Secretary of Agriculture con-
siders desirable, within the boundaries of the wilderness 
area: 
(1) Installation and maintenance of hydrologic, 
meteorological, climatological, or atmospheric data 
collection and transmission facilities, or any com-
bination of such facilities, when the Secretary deter-
mines that—
(A) such facilities are essential to the sci-
entific research purposes of the Luquillo Exper-
imental Forest; and 
(B) the scale and scope of the facility de-
velopment are not detrimental to the wilderness 
characteristics of the wilderness area. 
(2) Construction and maintenance of nesting 
structures, observation blinds, and population moni-
toring platforms for threatened and endangered spe-
cies.
291
(3) Construction and maintenance of trails to 
such facilities as necessary for research purposes 
and for the recovery of threatened and endangered 
species. 
TITLE IV—DESIGNATIONS 
SEC. 2401. GUNN MCKAY NATURE PRESERVE. 
(a) DEFINITIONS.—For the purposes of this section: 
(1) PRESERVE.—The term ‘‘Preserve’’ means 
the Gunn McKay Nature Preserve as so designated 
by subsection (b). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(b) DESIGNATION.—The approximately 15 acres of 
National Forest System land generally depicted on the 
map entitled ‘‘Proposed Gunn McKay Nature Preserve’’ 
and dated March 2002, are hereby designated as the 
‘‘Gunn McKay Nature Preserve’’. 
(c) MANAGEMENT.—
(1) MANAGEMENT PLAN.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary, in consultation with the City of Hunts-
ville, Utah, and the Gunn McKay Nature Preserve 
Foundation, Inc., a nonprofit corporation, shall de-
velop a management plan for the Preserve.
292
(2) COOPERATIVE AGREEMENT.—The Secretary 
is authorized to enter into a cooperative agreement 
with the Gunn McKay Nature Preserve Foundation, 
Inc., for the management of the Preserve. 
(d) WITHDRAWAL.—Subject to valid existing rights, 
the Preserve is hereby withdrawn from all forms of loca-
tion, entry, and patent under the public land laws, and 
the mining and mineral leasing laws of the United States, 
including geothermal. 
SEC. 2402. JAMES V. HANSEN SHOSHONE NATIONAL TRAIL. 
(a) DEFINITIONS.—For the purposes of this section, 
the following definitions shall apply: 
(1) APPROPRIATE SECRETARY.—The term ‘‘ap-
propriate Secretary’’ means—
(A) the Secretary of Agriculture when re-
ferring to land under the jurisdiction of that 
Secretary; and 
(B) the Secretary of the Interior when re-
ferring to any land except that under the juris-
diction of the Secretary of Agriculture. 
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘James V. Hansen Shoshone National Trail’’ 
and dated April 5, 2002.
293
(3) TRAIL.—The term ‘‘Trail’’ means the sys-
tem of trails designated in subsection (b) as the 
James V. Hansen Shoshone National Trail. 
(b) DESIGNATION.—The trails that are open to mo-
torized use pursuant to applicable Federal and State law 
and are depicted on the Map as the Shoshone National 
Trail are hereby designated as the ‘‘James V. Hansen 
Shoshone National Trail’’. 
(c) MANAGEMENT.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the appropriate Secretary shall 
manage the Trail consistent with the requirements 
of a national recreation trail in accordance with—
(A) the National Trails System Act (16 
U.S.C. 1241 et seq.); and 
(B) other applicable laws and regulations 
for trails on Federal lands. 
(2) COOPERATION; AGREEMENTS.—The Sec-
retary of the Interior and the Secretary of Agri-
culture shall cooperate with the State of Utah De-
partment of Natural Resources and appropriate 
county governments in managing the Trail. The ap-
propriate Secretary shall make every reasonable ef-
fort to enter into cooperative agreements with the 
State of Utah Department of Natural Resources and
294
appropriate county governments (separately, collec-
tively, or in an any combination, as agreed by the 
parties) for management of the Trail. 
(3) PRIMARY PURPOSE.—The primary purpose 
of this section is to provide recreational trail oppor-
tunities for motorized vehicle use on the Trail. The 
Trail shall be managed in a manner that is con-
sistent with this purpose, ensures user safety, and 
minimizes user conflicts. 
(4) ADDITION OF TRAILS.—
(A) IN GENERAL.—The appropriate Sec-
retary may add trails to the Trail in accordance 
with the National Trails System Act and this 
section. The Secretary shall consider the Trail 
a national recreation trail for the purpose of 
making such additions. 
(B) REQUIREMENT
FOR
ADDITION
OF 
TRAILS ON NON-FEDERAL LAND.—If a trail to 
be added to the Trail is located on non-Federal 
land, the appropriate Secretary may add the 
trail only if the owner of the land upon which 
the trail is located has—
(i) consented to the addition of the 
trail to the Trail; and
295
(ii) entered into an agreement with 
the appropriate Secretary for management 
of the additional trail in a manner that is 
consistent with this section. 
(5) NOTICE OF OPEN ROUTES.—The Secretary 
of the Interior and the Secretary of Agriculture shall 
ensure that the public is adequately informed re-
garding the routes open for the Trail, including by 
appropriate signage along the Trail. 
(d) NO EFFECT ON NON-FEDERAL LAND AND IN-
TERESTS IN LAND.—Nothing in this section shall be con-
strued to affect ownership, management, or other rights 
related to any non-Federal land or interests in land, except 
as provided in an agreement related to that land entered 
into by the landowner under subsection (c)(4)(B)(ii). 
(e) ACQUISITION
OF LAND
AND INTERESTS
IN 
LAND.—The appropriate Secretary may acquire land and 
interests in land for the purposes of the Trail only from 
willing owners. 
(f) MAP ON FILE; UPDATED.—The Map shall be—
(1) kept on file at the appropriate offices of the 
Secretary of the Interior and the Secretary of Agri-
culture; and 
(2) updated by the appropriate Secretary when-
ever trails are added to the Trail.
296
TITLE V—MISCELLANEOUS 
SEC. 2501. COSTS OF REVIEWS FOR CONVEYANCES UNDER 
EDUCATION LAND GRANT ACT. 
Section 202 of the Education Land Grant Act (16 
U.S.C. 479a) is amended by adding at the end the fol-
lowing: 
‘‘(f) COSTS OF REVIEW.—The Secretary shall pay the 
costs of all action required under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) with respect to any conveyance under this 
section.’’. 
SEC. 2502. WILD AND SCENIC RIVER DESIGNATIONS, CARIB-
BEAN NATIONAL FOREST, PUERTO RICO. 
(a) FINDINGS.—The Congress finds the following: 
(1) In the revised land and resource manage-
ment plan for the Caribbean National Forest/
Luquillo Experimental Forest, approved April 17, 
1997, and the environmental impact statement pre-
pared as part of the plan, the Secretary of Agri-
culture examined the suitability of rivers within the 
Caribbean National Forest/Luquillo Experimental 
Forest for inclusion in the National Wild and Scenic 
Rivers System. 
(2) Based on such examination, the Rio Icacos, 
Rio Mameyes, and Rio de La Mina were found to be
297
free flowing waterways and to possess outstandingly 
remarkable 
scenic, 
recreational, 
geological, 
hydrological, biological, historical, and cultural val-
ues, and, therefore, to qualify for addition to the 
National Wild and Scenic Rivers System. 
(b) DESIGNATIONS.—Section 3(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-
ing at the end the following new paragraph: 
‘‘(ll) RIVERS OF CARIBBEAN NATIONAL FOREST, 
PUERTO RICO.—
‘‘(A) RIO MAMEYES.—The segment of approxi-
mately 4.5 miles from its headwaters in the Ban˜o de 
Oro Research Natural Area to the boundary of the 
Caribbean National Forest, to be administered by 
the Secretary of Agriculture as follows: 
‘‘(i) As a wild river from its headwaters in 
the Ban˜o de Oro Research Natural Area to the 
crossing point of Trail No. 24/11 (approxi-
mately 500 feet upstream from the confluence 
with the Rio de La Mina), a total of approxi-
mately 2.1 miles. 
‘‘(ii) As a scenic river from the crossing 
point of Trail No. 24/11 to the access point of 
Trail No. 7, a total of approximately 1.4 miles.
298
‘‘(iii) As a recreational river from the ac-
cess point of Trail No. 7 to the national forest 
boundary, a total of approximately 1.0 miles. 
‘‘(B) RIO DE LA MINA.—The segment of ap-
proximately 2.1 miles from its headwaters to its con-
fluence with the Rio Mameyes, to be administered by 
the Secretary of Agriculture as follows: 
‘‘(i) As a recreational river from its head-
waters in the El Yunque Recreation Area down-
stream to La Mina Falls, a total of approxi-
mately 0.9 miles. 
‘‘(ii) As a scenic river from La Mina falls 
downstream to its confluence with the Rio 
Mameyes, a total of approximately 1.2 miles. 
‘‘(C) RIO
ICACOS.—The segment of approxi-
mately 2.3 miles from its headwaters to the bound-
ary of the Caribbean National Forest, to be adminis-
tered by the Secretary of Agriculture as a scenic 
river.’’. 
(c) SPECIAL MANAGEMENT CONSIDERATIONS.—
(1) CERTAIN PERMITTED ACTIVITIES.—Subject 
to paragraph (2), the amendment made by the sub-
section (b) and the applicability of the Wild and Sce-
nic Rivers Act (16 U.S.C. 1271 et seq.) to the river 
segments added to the National Wild and Scenic
299
Rivers System by the amendment shall not be con-
strued to prevent any of the following activities with-
in the boundaries of the river segments: 
(A) Installation and maintenance of hydro-
logic, meteorological, climatological, or atmos-
pheric data collection and transmission facili-
ties, or any combination of such facilities, when 
the Secretary of Agriculture determines that 
such facilities are essential to the scientific re-
search purposes of the Luquillo Experimental 
Forest. 
(B) Construction and maintenance of nest-
ing structures, observation blinds, and popu-
lation monitoring platforms for threatened and 
endangered species. 
(C) Construction and maintenance of trails 
to such facilities as necessary for research pur-
poses and for the recovery of threatened and 
endangered species. 
(2) CONDITIONS.—The activities authorized by 
paragraph (1) shall be subject to such conditions as 
the Secretary considers desirable. The Secretary 
shall ensure that the scale and scope of such activi-
ties within the boundaries of a river segment added 
to the National Wild and Scenic Rivers System by
300
the amendment made by the subsection (b) are not 
detrimental to the characteristics of the river seg-
ment that merited its designation as a wild, scenic, 
or recreational river. 
(d) PRESERVATION OF COMMONWEALTH AUTHOR-
ITY.—Nothing in this section or the amendment made by 
this section shall be construed to limit the authority of 
the Commonwealth of Puerto Rico over waters and natural 
channels of public domain pursuant to the laws of the 
Commonwealth of Puerto Rico to the extent that such ju-
risdiction may be exercised without impairing the purposes 
of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.) or the administration of such Act.
DIVISION C—ENSURING WATER 
RESOURCES FOR THE FUTURE 
TITLE I—CONVEYANCES
Subtitle A—Fremont-Madison 
Irrigation Facilities Conveyance 
SEC. 3001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fremont-Madison 
Conveyance Act’’. 
SEC. 3002. CONVEYANCE OF FACILITIES. 
(a) CONVEYANCE REQUIREMENT.—The Secretary of 
the Interior shall convey to the Fremont-Madison Irriga-
tion District, Idaho, as soon as practicable after the date
301
of enactment of this Act and in accordance with all appli-
cable law and pursuant to the terms of the memorandum 
of agreement between the District and the Secretary (Con-
tract No. 1425–01–MA–10–3310). The Secretary shall in-
clude in the facilities conveyed under this section all right, 
title, and interest of the United States in and to the ca-
nals, laterals, drains, and other components of the water 
distribution and drainage system that is operated or main-
tained by the District for delivery of water to and drainage 
of water from lands within the boundaries of the District 
as they exist upon the date of enactment of this Act, con-
sistent with section 3007. 
(b) REPORT.—If the Secretary has not completed any 
conveyance required under this subtitle by September 13, 
2003, the Secretary shall, by no later than that date, sub-
mit a report to the Congress explaining the reasons that 
conveyance has not been completed and stating the date 
by which the conveyance will be completed. 
SEC. 3003. COSTS. 
(a) IN GENERAL.—The Secretary shall require, as a 
condition of the conveyance under section 3002, that the 
District pay the administrative costs of the conveyance 
and related activities, including the costs of any review 
required under the National Environmental Policy Act of
302
1969 (42 U.S.C. 4321 et seq.) as described in Contract 
No. 1425–01–MA–10–3310. 
(b) VALUE OF FACILITIES TO BE TRANSFERRED.—
In addition to subsection (a) the Secretary shall also re-
quire, as condition of the conveyance under section 3002, 
that the District pay to the United States the lesser of 
the net present value of the remaining obligations owed 
by the District to the United States with respect to the 
facilities conveyed, or $280,000. Amounts received by the 
United States under this subsection shall be deposited into 
the reclamation fund. 
SEC. 3004. TETON EXCHANGE WELLS. 
(a) CONTRACTS
AND PERMIT.—In conveying the 
Teton Exchange Wells under section 3002, the Secretary 
shall also convey to the District—
(1) Idaho Department of Water Resources per-
mit number 22–7022, including drilled wells under 
the permit, as described in Contract No. 1425–01–
MA–10–3310; and 
(2) all equipment appurtenant to such wells. 
(b) EXTENSION OF WATER SERVICE CONTRACT.—
The water service contract between the Secretary and the 
District (Contract No. 7–07–10–W0179, dated September 
16, 1977) is hereby extended and shall continue in full
303
force and effect until all conditions described in this sub-
title are fulfilled. 
SEC. 3005. NATIONAL ENVIRONMENTAL POLICY ACT OF 
1969. 
Prior to conveyance the Secretary shall complete all 
actions as may be required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
and all other applicable laws. 
SEC. 3006. LIABILITY. 
Effective on the date of the conveyance of the facili-
ties described in section 3002, the United States shall not 
be held liable by any court for damages of any kind arising 
out of any act, omission, or occurrence relating to the con-
veyed facilities, except for damages caused by acts of neg-
ligence committed by the United States or by its employ-
ees, agents, or contractors prior to the date of conveyance. 
Nothing in this section may be deemed to increase the li-
ability of the United States beyond that currently provided 
in chapter 171 of title 28, United States Code, popularly 
known as the Federal Tort Claims Act. 
SEC. 3007. WATER SUPPLY TO DISTRICT LANDS. 
The Secretary shall increase the number of acres 
within the District that are eligible to receive water from 
the Minidoka Project and the Teton Basin Projects to re-
304
flect the number of acres within the District as of the date 
of enactment of this Act, which includes lands annexed 
into the District prior to enactment of this Act as intended 
by the Teton Basin Project. This section does not in any 
way authorize the use of any additional Federal Reclama-
tion project water beyond that which is currently author-
ized under their existing water storage contracts and as 
allowed by State water law. 
SEC. 3008. EXISTING RIGHTS NOT AFFECTED. 
Nothing in this subtitle affects the rights of any per-
son except as provided in this subtitle. Any conveyance 
under this subtitle shall not affect or abrogate any provi-
sion of any contract executed by the United States or 
State law regarding any irrigation district’s right to use 
water developed in the facilities conveyed. 
SEC. 3009. DEFINITIONS. 
In this subtitle: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Fremont-Madison Irrigation District, an irrigation 
district organized under the law of the State of 
Idaho. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
305
Subtitle B—Humboldt Project Con-
veyance, Pershing County, Ne-
vada 
SEC. 3021. SHORT TITLE. 
This subtitle may be cited as the ‘‘Humboldt Project 
Conveyance Act’’. 
SEC. 3022. DEFINITIONS. 
For purposes of this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(3) PCWCD.—The term ‘‘PCWCD’’ means the 
Pershing County Water Conservation District, a 
public entity organized under the laws of the State 
of Nevada. 
(4) PERSHING COUNTY.—The term ‘‘Pershing 
County’’ means the Pershing County government, a 
political subunit of the State of Nevada. 
(5) LANDER
COUNTY.—The term ‘‘Lander 
County’’ means the Lander County government, a 
political subunit of the State of Nevada. 
SEC. 3023. AUTHORITY TO CONVEY TITLE. 
(a) IN GENERAL.—The Secretary shall, as soon as 
practicable after the date of enactment of this Act, convey,
306
all right, title, and interest in and to the lands and fea-
tures of the Humboldt Project, including all water rights 
for storage and diversion, to PCWCD, the State, Pershing 
County, and Lander County, consistent with the terms 
and conditions set forth in the Memorandum of Agree-
ment between PCWCD and Lander County dated January 
24, 2000, the Conceptual Agreement between PCWCD 
and the State dated October 18, 2001, and the Letter of 
Agreement between Pershing County and the State dated 
April 16, 2002. 
(b) COMPLIANCE WITH AGREEMENTS.—All parties 
to the conveyance under subsection (a) shall comply with 
the terms and conditions of the agreements cited in sub-
section (a). 
(c) REPORT.—If the conveyance required by this sec-
tion has not been completed within 18 months after the 
date of enactment of this Act, the Secretary shall submit 
a report to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate that describes—
(1) the status of the conveyance; 
(2) any obstacles to completion of the convey-
ance; and 
(3) the anticipated date for completion of the 
conveyance.
307
SEC. 3024. PAYMENT. 
(a) IN GENERAL.—As consideration for any convey-
ance required by section 3023, PCWCD shall pay to the 
United States the net present value of miscellaneous reve-
nues associated with the lands and facilities to be con-
veyed. 
(b) WITHDRAWN LANDS.—As consideration for any 
conveyance of withdrawn lands required by section 3023, 
the entity receiving title shall pay the United States (in 
addition to amounts paid under subsection (a)) the fair 
market value for any such lands conveyed that were with-
drawn from the public domain pursuant to the Secretarial 
Orders dated March 16, 1934, and April 6, 1956. 
(c) ADMINISTRATIVE COSTS.—Administrative costs 
for conveyance of any land or facility under this subtitle 
shall be paid in equal shares by the Secretary and the enti-
ty receiving title to the land or facility, except costs identi-
fied in subsections (d) and (e). 
(d) REAL ESTATE TRANSFER COSTS.—As a condi-
tion of any conveyance of any land or facility required by 
section 3023, costs of all boundary surveys, title searches, 
cadastral surveys, appraisals, and other real estate trans-
actions required for the conveyance shall be paid by the 
entity receiving title to the land or facility. 
(e) NEPA COSTS.—Costs associated with any review 
required under the National Environmental Policy Act of
308
1969 (42 U.S.C. 4231 et seq.) for conveyance of any land 
or facility under section 3023 shall be paid in equal shares 
by the Secretary and the entity receiving title to the land 
or facility. 
(f) STATE OF NEVADA.—The State shall not be re-
sponsible for any payments for land or facilities under this 
section. Any proposal by the State to reconvey to another 
entity land conveyed by the Secretary under this subtitle 
shall be pursuant to an agreement with the Secretary pro-
viding for fair market value to the United States for the 
lands, and for continued management of the lands for 
recreation, wildlife habitat, wetlands, or resource con-
servation. 
SEC. 3025. COMPLIANCE WITH OTHER LAWS. 
Following the conveyance required by section 3023, 
the district, the State, Pershing County, and Lander 
County shall, with respect to the interests conveyed, com-
ply with all requirements of Federal, State, and local law 
applicable to non-Federal water distribution systems. 
SEC. 3026. REVOCATION OF WITHDRAWALS. 
Effective on the date of the conveyance required by 
section 3023, the Secretarial Orders dated March 16, 
1934, and April 6, 1956, that withdrew public lands for 
the Rye Patch Reservoir and the Humboldt Sink, are here-
by revoked.
309
SEC. 3027. LIABILITY. 
Effective on the date of the conveyance required by 
section 3023, the United States shall not be held liable 
by any court for damages of any kind arising out of any 
act, omission, or occurrence relating to the Humboldt 
Project, except for damages caused by acts of negligence 
committed by the United States or by its employees or 
agents prior to the date of conveyance. Nothing in this 
section shall be considered to increase the liability of the 
United States beyond that currently provided in chapter 
171 of title 28, United States Code, popularly known as 
the Federal Tort Claims Act. 
SEC. 3028. NATIONAL ENVIRONMENTAL POLICY ACT. 
Prior to conveyance the Secretary shall complete all 
actions as may be required under the National Environ-
mental Policy Act of 1969 (U.S.C. 4321 et seq.). 
SEC. 3029. FUTURE BENEFITS. 
Upon conveyance of the lands and facilities by the 
Secretary under this subtitle, the Humboldt Project shall 
no longer be a Federal reclamation project and the district 
shall not be entitled to receive any future reclamation ben-
efits with respect to that project, except those benefits 
that would be available to other nonreclamation districts.
310
Subtitle C—Elephant Butte, New 
Mexico, Property Conveyance 
SEC. 3031. SHORT TITLE. 
This subtitle may be cited as the ‘‘Lease Lot Convey-
ance Act of 2002’’. 
SEC. 3032. FINDINGS. 
The Congress finds that the conveyance of the Prop-
erties to the Lessees for fair market value would have the 
beneficial results of—
(1) eliminating Federal payments in lieu of 
taxes and associated management expenditures in 
connection with the Government’s ownership of the 
Properties, while increasing local tax revenues from 
the new owners; 
(2) sustaining existing economic conditions in 
the vicinity of the Properties, while providing the 
new owners of the Properties the security to invest 
in permanent structures and improvements; and 
(3) adding needed jobs to the county in which 
the Properties are located and increasing revenue to 
the county and surrounding communities through 
property and gross receipt taxes, thereby increasing 
economic stability and a sustainable economy in one 
of the poorest counties in New Mexico.
311
SEC. 3033. DEFINITIONS. 
In this subtitle: 
(1) FAIR
MARKET
VALUE.—The term ‘‘fair 
market value’’ means, with respect to a parcel of 
property, the value of the property determined—
(A) without regard to improvements con-
structed by the Lessee of the property; 
(B) by an appraisal in accordance with the 
Uniform Standards for Federal Land Acquisi-
tions; and 
(C) by an appraiser approved by the Sec-
retary and the purchaser. 
(2) IRRIGATION DISTRICTS.—The term ‘‘Irriga-
tion Districts’’ means the Elephant Butte Irrigation 
District and the El Paso County Water Improve-
ment District No. 1. 
(3) LESSEE.—The term ‘‘Lessee’’ means the 
leaseholder of a Property on the date of enactment 
of this Act, and any heir, executor, or assign of the 
leaseholder with respect to that leasehold interest. 
(4) PROPERTY.—The term ‘‘Property’’ means 
any of the cabin sites comprising the Properties. 
(5) 
PROPERTIES.—The 
term 
‘‘Properties’’ 
means all the real property comprising 403 cabin 
sites under the administrative jurisdiction of the Bu-
reau of Reclamation that are located along the west-
312
ern portion of the reservoirs in Elephant Butte State 
Park and Caballo State Park, New Mexico, including 
easements, roads, and other appurtenances. The 
exact acreage and legal description of such real 
property shall be determined by the Secretary after 
consulting with the Purchaser. 
(6) 
PURCHASER.—The 
term 
‘‘Purchaser’’ 
means the Elephant Butte/Caballo Leaseholders As-
sociation, Inc., a nonprofit corporation established 
under the laws of New Mexico. 
(7) 
RESERVOIRS.—The 
term 
‘‘reservoirs’’ 
means the Elephant Butte Reservoir and the Caballo 
Reservoir in the State of New Mexico. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3034. CONVEYANCE OF PROPERTIES. 
(a) IN GENERAL.—The Secretary shall convey to the 
Purchaser in accordance with this subtitle, subject to valid 
existing rights, all right, title, and interest of the United 
States in and to the Properties and all appurtenances 
thereto, including specifically easements for—
(1) vehicular access to each Property; 
(2) drainage; and 
(3) access to and the use of all ramps, retaining 
walls, and other improvements for which access is
313
provided under the leases that apply to the Prop-
erties as of the date of the enactment of this Act. 
(b) CONSIDERATION.—As consideration for any con-
veyance under this section, the Secretary shall require the 
Purchaser to pay to the United States fair market value 
of the Properties. 
SEC. 3035. TERMS OF CONVEYANCE. 
(a) SPECIFIC CONDITIONS.—As conditions of any 
conveyance to the Purchaser under this subtitle, the Sec-
retary shall require the following: 
(1) LEASEHOLDERS’ OPTION.—The Purchaser 
shall grant to each Lessee of a Property an option—
(A) to purchase the Property at fair mar-
ket value; or 
(B) to continue leasing the Property on 
terms to be negotiated with the Purchaser. 
(2) ADMINISTRATIVE
COSTS.—Any reasonable 
administrative cost incurred by the Secretary inci-
dent to the conveyance under section 3036 shall be 
reimbursed by the Purchaser. 
(b) RESTRICTIVE USE COVENANT.—
(1) IN
GENERAL.—To maintain the unique 
character of the area in the vicinity of the Res-
ervoirs, the Secretary shall establish, by the terms of
314
conveyance, use restrictions to carry out paragraph 
(2) that—
(A) are appurtenant to, and run with, each 
Property; and 
(B) are binding upon each subsequent 
owner of each Property. 
(2) ACCESS TO RESERVOIRS.—The use restric-
tions required by paragraph (1) shall ensure that—
(A) public access to and along the shore-
line of the Reservoirs in existence on the date 
of enactment of this Act is not obstructed; 
(B) adequate public access to and along 
the shoreline of the Reservoirs is maintained; 
and 
(C) the operation of the Reservoirs by the 
Secretary or the Irrigation Districts shall not 
result in liability of the United States or the Ir-
rigation Districts for damages incurred, as a di-
rect or indirect result of such operation, by the 
owner of any Property conveyed under this sub-
title, including—
(i) damages for any loss of use or en-
joyment of a Property; and
315
(ii) damages resulting from any modi-
fications or construction of any reservoir 
dam. 
(c) TIMING.—
(1) IN GENERAL.—The Secretary shall convey 
the Properties under this subtitle as soon as prac-
ticable after the date of enactment of this Act and 
in accordance with all applicable law. 
(2) REPORT.—If the Secretary has not com-
pleted conveyance of the Properties to the Purchaser 
by the end of the 1-year period beginning on the 
date of the enactment of this Act, the Secretary 
shall, before the end of that period, submit a report 
to the Congress explaining the reasons that convey-
ance has not been completed and stating the date by 
which the conveyance will be completed. 
(d) REIMBURSEMENT OF PURCHASER’S COSTS.—The 
terms of conveyance shall authorize the Purchaser to re-
quire each Lessee to reimburse the Purchaser for a pro-
portionate share of the costs incurred by the Purchaser 
in completing the transactions pursuant to this subtitle, 
including any interest charges. 
SEC. 3036. RESOLUTION OF CLAIMS AND DISPUTES. 
After conveyance of the Properties to the Purchaser, 
if any Lessee has a dispute with or claim against the Pur-
316
chaser or any of its officers, directors, or members arising 
from the Properties, the Lessee shall promptly give writ-
ten notice of the dispute or claim to the Purchaser. If such 
notice is not provided to the Purchaser within 20 days 
after the date the Lessee knew or should have known of 
such dispute or claim, then any right of the Lessee for 
relief based on such dispute or claim shall be waived. If 
the Lessee and the Purchaser are unable to resolve the 
dispute or claim by mediation, the dispute or claim shall 
be resolved by binding arbitration. 
SEC. 3037. FEDERAL RECLAMATION LAW. 
No conveyance under this subtitle shall restrict or 
limit the authority or ability of the Secretary to fulfill the 
duties of the Secretary under the Act of June 17, 1902 
(32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.). 
Subtitle D—Miscellaneous
SEC. 3041. CONVEYANCE TO THE CITY OF FALLON, NEVADA. 
(a) CONVEYANCE.—
(1) IN GENERAL.—Subject to subsections (b) 
and (c), the Secretary of the Interior shall convey to 
the city of Fallon, Nevada, all right, title, and inter-
est of the United States in and to approximately 6.3 
acres of real property in the Newlands Reclamation 
Project, Nevada, generally known as ‘‘380 North
317
Taylor Street, Fallon, Nevada’’, and identified for 
disposition on the map entitled ‘‘Fallon Rail Freight 
Loading Facility’’. 
(2) MAP.—The map referred to in paragraph 
(1) shall be on file and available for public inspec-
tion in—
(A) the offices of the Commissioner of the 
Bureau of Reclamation; and 
(B) the offices of the Area Manager of the 
Bureau of Reclamation, Carson City, Nevada. 
(b) CONSIDERATION.—
(1) IN GENERAL.—The Secretary shall require 
that, as consideration for the conveyance under sub-
section (a), the city of Fallon, Nevada, shall pay to 
the United States an amount equal to the fair mar-
ket value of the real property, as determined—
(A) by an appraisal of the real property, 
conducted not later than 60 days after the date 
of enactment of this Act by an independent ap-
praiser approved by the Commissioner of Rec-
lamation and paid for by the city of Fallon, Ne-
vada; and 
(B) without taking into consideration the 
value of any structures or improvements on the 
property.
318
(2) CREDIT OF PROCEEDS.—The amount paid 
to the United States under paragraph (1) shall be 
credited, in accordance with section 204(c) of the 
Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 485(c)), to the appropriate fund in 
the Treasury relating to the Newlands Reclamation 
Project, Nevada. 
(c) LIABILITY.—The conveyance under subsection (a) 
shall not occur until such data as the Commissioner of 
Reclamation certifies that all liability issues relating to the 
property (including issues of environmental liability) have 
been resolved. 
SEC. 3042. LAND CONVEYANCE, TUPELO, OKLAHOMA. 
(a) CONVEYANCE REQUIRED.—Except as required by 
subsection (d), the Secretary of Energy shall convey, at 
fair market value, to Rural Enterprises of Oklahoma, In-
corporated, all right, title, and interest of the United 
States in and to a parcel of land, and any improvements 
thereto, consisting of approximately 6.3 acres of the facil-
ity of the Southwestern Power Administration in Tupelo, 
Oklahoma, for use in economic development within the 
service area of the Tri-County Indian Nations Community 
Development Corporation. 
(b) DESCRIPTION OF PARCEL.—The exact acreage 
and description of the parcel to be conveyed under sub-
319
section (a) shall be determined by a survey that is satisfac-
tory to the Secretary and to Rural Enterprises of Okla-
homa, Incorporated. 
(c) CONDITIONS OF CONVEYANCE.—As conditions of 
the conveyance under subsection (a), the Secretary shall 
require that Rural Enterprises of Oklahoma, Incor-
porated—
(1) agree to honor the terms of any lease of the 
parcel or portion thereof that is in existence on the 
date of the conveyance; and 
(2) agree to bear the costs of the conveyance, 
including the cost of the survey required by sub-
section (b) and the appraisal required by subsection 
(f). 
(d) EASEMENT.—Under the terms of the conveyance 
of the parcel under subsection (a), the Secretary shall re-
tain an easement to the parcel for the purpose of main-
taining a sewage connection to the electrical substation 
and lagoon facility located adjacent to the parcel. Such 
easement shall include telephone and telegraph rights. 
(e) UNDEPRECIATED
VALUE.—The Southwestern 
Power Administration is authorized to remove the 
undepreciated value of the facilities conveyed under sub-
section (a) from its repayable investment obligation.
320
(f) VALUATION OF LAND TO BE CONVEYED.—The 
fair market value of the land to be conveyed under sub-
section (a) shall be determined by an appraisal acceptable 
to the Secretary that is conducted by an appraiser agreed 
upon by the Secretary and Rural Enterprises of Okla-
homa, Incorporated, and conducted in accordance with—
(1) the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 
U.S.C. 4601; Public Law 91–646); 
(2) the Uniform Appraisal Standards for Fed-
eral Land Acquisition; and 
(3) the Uniform Standards of Professional Ap-
praisal Practice. 
TITLE 
II—JICARILLA 
APACHE 
RESERVATION RURAL WATER 
SYSTEM
SEC. 3201. SHORT TITLE. 
This title may be cited as the ‘‘Jicarilla Apache Res-
ervation Rural Water System Act’’. 
SEC. 3202. PURPOSES. 
The purposes of this title are as follows: 
(1) To ensure a safe and adequate rural, mu-
nicipal, and water supply and wastewater systems 
for the residents of the Jicarilla Apache Reservation
322
(B) the Bureau of Reclamation shall pro-
vide technical assistance and oversight responsi-
bility for such project. 
(4) To establish a process in which the Jicarilla 
Apache Nation shall assume title and responsibility 
for the ownership, operation, maintenance, and re-
placement of the system. 
SEC. 3203. DEFINITIONS. 
As used in this title: 
(1) BIA.—The term ‘‘BIA’’ means the Bureau 
of Indian Affairs, an agency within the Department 
of the Interior. 
(2) IRRIGATION.—The term ‘‘irrigation’’ means 
the commercial application of water to land for the 
purpose of establishing or maintaining commercial 
agriculture in order to produce field crops and vege-
tables for sale. 
(3) RECLAMATION.—The term ‘‘Reclamation’’ 
means the Bureau of Reclamation, an agency within 
the Department of the Interior. 
(4) REPORT.—The term ‘‘Report’’ means the 
report entitled ‘‘Planning Report/Environmental As-
sessment, Water and Wastewater Improvements, 
Jicarilla Apache Nation, Dulce, New Mexico’’, dated
323
September 2001, which was completed pursuant to 
Public Law 106–243. 
(5) RESERVATION.—The term ‘‘Reservation’’ 
means the Jicarilla Apache Reservation in the State 
of New Mexico, including all lands and interests in 
land that are held in trust by the United States for 
the Tribe. 
(6) RURAL
WATER
SUPPLY
PROJECT.—The 
term ‘‘Rural Water Supply Project’’ means a munic-
ipal, domestic, rural, and industrial water supply 
and wastewater facility area and project identified to 
serve a group of towns, communities, cities, tribal 
reservations, or dispersed farmsteads with access to 
clean, safe domestic and industrial water, to include 
the use of livestock.
(7) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Bu-
reau of Reclamation. 
(9) TRIBE.—The term ‘‘Tribe’’ means the 
Jicarilla Apache Nation.
324
SEC. 
3204. 
JICARILLA 
APACHE 
RESERVATION 
RURAL 
WATER SYSTEM. 
(a) CONSTRUCTION.—The Secretary, in consultation 
and collaboration with the Tribe, shall plan, design, and 
construct the Rural Water Supply Project to improve the 
water supply, delivery, and wastewater facilities to the 
town of Dulce, New Mexico, and surrounding communities 
for the purpose of providing the benefits of clean, safe, 
and reliable water supply, delivery, and wastewater facili-
ties. 
(b) SCOPE OF PROJECT.—The Rural Water Supply 
Project shall consist of the following: 
(1) Facilities to provide water supply, delivery, 
and wastewater services for the community of Dulce, 
the Mundo Ranch Development, and surrounding 
areas on the Reservation. 
(2) Pumping and treatment facilities located on 
the Reservation. 
(3) Distribution, collection, and treatment fa-
cilities to serve the needs of the Reservation, includ-
ing, but not limited to, construction, replacement, 
improvement, and repair of existing water and 
wastewater systems, including systems owned by in-
dividual tribal members and other residents on the 
Reservation. 
(4) Appurtenant buildings and access roads.
325
(5) Necessary property and property rights. 
(6) Such other electrical power transmission 
and distribution facilities, pipelines, pumping plants, 
and facilities as the Secretary deems necessary or 
appropriate to meet the water supply, economic, 
public health, and environmental needs of the Res-
ervation, including, but not limited to, water storage 
tanks, water lines, maintenance equipment, and 
other facilities for the Tribe on the Reservation. 
(c) COST SHARING.—
(1) TRIBAL SHARE.—Subject to paragraph (3) 
and subsection (d), the tribal share of the cost of the 
Rural Water Supply Project is comprised of the 
costs to design and initiate construction of the 
wastewater treatment plant, to replace the diversion 
structure on the Navajo River, and to construct raw 
water settling ponds, a water treatment plant, water 
storage plants, a water transmission pipeline, and 
distribution pipelines, and has been satisfied. 
(2) FEDERAL
SHARE.—Subject to paragraph 
(3) and subsection (d), the Federal share of the cost 
of the Rural Water Supply Project shall be all re-
maining costs of the project identified in the Report. 
(3) OPERATION AND MAINTENANCE.—The Fed-
eral share of the cost of operation and maintenance
326
of the Rural Water Supply Project shall continue to 
be available for operation and maintenance in ac-
cordance with the Indian Self-Determination Act, as 
set forth in this title. 
(d) OPERATION, MAINTENANCE, AND REPLACEMENT 
AFTER COMPLETION.—Upon determination by the Sec-
retary that the Rural Water Supply Project is substan-
tially complete, the Tribe shall assume responsibility for 
and liability related to the annual operation, maintenance, 
and replacement cost of the project in accordance with this 
title and the Operation, Maintenance, and Replacement 
Plan under chapter IV of the Report. 
SEC. 3205. GENERAL AUTHORITY. 
The Secretary is authorized to enter into contracts, 
grants, cooperative agreements, and other such agree-
ments and to promulgate such regulations as may be nec-
essary to carry out the purposes and provisions of this 
title and the Indian Self-Determination Act (Public Law 
93–638; 25 U.S.C. 450 et seq.). 
SEC. 3206. PROJECT REQUIREMENTS. 
(a) PLANS.—
(1) PROJECT PLAN.—Not later than 60 days 
after funds are made available for this purpose, the 
Secretary shall prepare a recommended project plan, 
which shall include a general map showing the loca-
327
tion of the proposed physical facilities, conceptual 
engineering drawings of structures, and general 
standards for design for the Rural Water Supply 
Project. 
(2) OM&R PLAN.—The Tribe shall develop an 
operation, maintenance, and replacement plan, which 
shall provide the necessary framework to assist the 
Tribe in establishing rates and fees for customers of 
the Rural Water Supply Project. 
(b) 
CONSTRUCTION
MANAGER.—The 
Secretary, 
through Reclamation and in consultation with the Tribe, 
shall select a project construction manager to work with 
the Tribe in the planning, design, and construction of the 
Rural Water Supply Project. 
(c) MEMORANDUM OF AGREEMENT.—The Secretary 
shall enter into a memorandum of agreement with the 
Tribe that commits Reclamation and BIA to a transition 
plan that addresses operations and maintenance of the 
Rural Water Supply Project while the facilities are under 
construction and after completion of construction. 
(d) OVERSIGHT.—The Secretary shall have oversight 
responsibility with the Tribe and its constructing entity 
and shall incorporate value engineering analysis as appro-
priate to the Rural Water Supply Project.
328
(e) TECHNICAL ASSISTANCE.—The Secretary shall 
provide such technical assistance as may be necessary to 
the Tribe to plan, develop, and construct the Rural Water 
Supply Project, including, but not limited to, operation 
and management training. 
(f) SERVICE AREA.—The service area of the Rural 
Water Supply Project shall be within the boundaries of 
the Reservation. 
(g) OTHER LAW.—The planning, design, construc-
tion, operation, and maintenance of the Rural Water Sup-
ply Project shall be subject to the provisions of the Indian 
Self-Determination Act (25 U.S.C. 450 et seq.). 
(h) REPORT.—During the year that construction of 
the Rural Water Supply Project begins and annually until 
such construction is completed, the Secretary, through 
Reclamation and in consultation with the Tribe, shall re-
port to Congress on the status of the planning, design, 
and construction of the Rural Water Supply Project.
(i) TITLE.—Title to the Rural Water Supply Project 
shall be held in trust for the Tribe by the United States 
and shall not be transferred or encumbered without a sub-
sequent Act of Congress. 
SEC. 3207. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $45,000,000 (January 2002
329
dollars) plus or minus such amounts, if any, as may be 
justified by reason of changes in construction costs as in-
dicated by engineering cost indexes applicable to the types 
of construction involved for the planning, design, and con-
struction of the Rural Water Supply Project as generally 
described in the Report dated September 2001. 
(b) CONDITIONS.—Funds may not be appropriated 
for the construction of any project authorized under this 
title until after—
(1) an appraisal investigation and a feasibility 
study have been completed by the Secretary and the 
Tribe; and 
(2) the Secretary has determined that the plan 
required by section 3206(a)(2) is completed. 
(c) NEPA.—The Secretary shall not obligate funds 
for construction until after the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) are met with respect to the Rural Water Supply 
Project. 
SEC. 3208. PROHIBITION ON USE OF FUNDS FOR IRRIGA-
TION PURPOSES. 
None of the funds made available to the Secretary 
for planning or construction of the Rural Water Supply 
Project may be used to plan or construct facilities used 
to supply water for the purposes of irrigation.
330
SEC. 3209. WATER RIGHTS. 
The water rights of the Tribe are part of and in-
cluded in the Jicarilla Apache Tribe Water Rights Settle-
ment Act (Public Law 102–441). These rights are adju-
dicated under New Mexico State law as a partial final 
judgment and decree entered in the Eleventh Judicial Dis-
trict Court of New Mexico. That Act and decree provide 
for sufficient water rights under ‘‘historic and existing 
uses’’ to supply water for the municipal water system. 
These water rights are recognized depletions within the 
San Juan River basin and no new depletions are associ-
ated with the Rural Water Supply Project. In consultation 
with the United States Fish and Wildlife Service, Rec-
lamation has determined that there shall be no significant 
impact to endangered species as a result of water deple-
tions associated with this project. No other water rights 
of the Tribe shall be impacted by the Rural Water Supply 
Project.
TITLE III—UPPER MISSISSIPPI 
RIVER BASIN PROTECTION
SEC. 3301. SHORT TITLE. 
This title may be cited as the ‘‘Upper Mississippi 
River Basin Protection Act of 2002’’.
SEC. 3302. DEFINITIONS. 
In this title:
331
(1) The terms ‘‘Upper Mississippi River Basin’’ 
and ‘‘Basin’’ mean the watershed portion of the 
Upper Mississippi River and Illinois River basins, 
from Cairo, Illinois, to the headwaters of the Mis-
sissippi River, in the States of Minnesota, Wis-
consin, Illinois, Iowa, and Missouri. The designation 
includes the Kaskaskia watershed along the Illinois 
River and the Meramec watershed along the Mis-
souri River. 
(2) The terms ‘‘Upper Mississippi River Stew-
ardship Initiative’’ and ‘‘Initiative’’ mean the activi-
ties authorized or required by this title to monitor 
nutrient and sediment loss in the Upper Mississippi 
River Basin. 
(3) The term ‘‘sound science’’ means a sci-
entific method that uses the best available technical 
and scientific information and techniques to identify 
and understand natural resource management needs 
and appropriate treatments, to implement conserva-
tion measures, and to assess the results of treat-
ments on natural resource health and sustainability 
in the Upper Mississippi River Basin.
332
SEC. 3303. RELIANCE ON SOUND SCIENCE. 
It is the policy of Congress that Federal investments 
in the Upper Mississippi River Basin must be guided by 
sound science. 
Subtitle A—Sediment and Nutrient 
Monitoring Network 
SEC. 3311. ESTABLISHMENT OF MONITORING NETWORK. 
(a) ESTABLISHMENT.—As part of the Upper Mis-
sissippi River Stewardship Initiative, the Secretary of the 
Interior shall establish a sediment and nutrient moni-
toring network for the Upper Mississippi River Basin for 
the purposes of—
(1) 
identifying 
and 
evaluating 
significant 
sources of sediment and nutrients in the Upper Mis-
sissippi River Basin; 
(2) quantifying the processes affecting mobiliza-
tion, transport, and fate of those sediments and nu-
trients on land and in water; 
(3) quantifying the transport of those sediments 
and nutrients to and through the Upper Mississippi 
River Basin; 
(4) recording changes to sediment and nutrient 
loss over time; 
(5) providing coordinated data to be used in 
computer modeling of the Basin, pursuant to section 
3321; and
333
(6) identifying major sources of sediment and 
nutrients within the Basin for the purpose of tar-
geting resources to reduce sediment and nutrient 
loss. 
(b) ROLE OF UNITED STATES GEOLOGICAL SUR-
VEY.—The Secretary of the Interior shall carry out this 
title acting through the office of the Director of the United 
States Geological Survey. 
(c) HEADQUARTERS.—Sediment and nutrient moni-
toring information shall be headquartered at the Upper 
Midwest Environmental Sciences Center in La Crosse, 
Wisconsin. 
SEC. 3312. DATA COLLECTION AND STORAGE RESPONSIBIL-
ITIES. 
(a) GUIDELINES FOR DATA COLLECTION AND STOR-
AGE.—The Secretary of the Interior shall establish guide-
lines for the effective design of data collection activities 
regarding sediment and nutrient monitoring, for the use 
of suitable and consistent methods for data collection, and 
for consistent reporting, data storage, and archiving prac-
tices. 
(b) RELEASE OF DATA.—Data resulting from sedi-
ment and nutrient monitoring in the Upper Mississippi 
River Basin shall be released to the public using generic 
station identifiers and hydrologic unit codes. In the case
334
of a monitoring station located on private lands, informa-
tion regarding the location of the station shall not be dis-
seminated without the landowner’s permission. 
(c) PROTECTION OF PRIVACY.—Data resulting from 
sediment and nutrient monitoring in the Upper Mis-
sissippi River Basin is not subject to the mandatory disclo-
sure provisions of section 552 of title V, United States 
Code, but may be released only as provided in subsection 
(b).
SEC. 3313. RELATIONSHIP TO EXISTING SEDIMENT AND NU-
TRIENT MONITORING. 
(a) INVENTORY.—To the maximum extent prac-
ticable, the Secretary of the Interior shall inventory the 
sediment and nutrient monitoring efforts, in existence as 
of the date of the enactment of this Act, of Federal, State, 
local, and nongovernmental entities for the purpose of cre-
ating a baseline understanding of overlap, data gaps, and 
redundancies. 
(b) INTEGRATION.—On the basis of the inventory, 
the Secretary of the Interior shall integrate the existing 
sediment and nutrient monitoring efforts, to the maximum 
extent practicable, into the sediment and nutrient moni-
toring network required by section 3311. 
(c) CONSULTATION AND USE OF EXISTING DATA.—
In carrying out this section, the Secretary of the Interior
335
shall make maximum use of data in existence as of the 
date of the enactment of this Act and of ongoing programs 
and efforts of Federal, State, tribal, local, and nongovern-
mental entities in developing the sediment and nutrient 
monitoring network required by section 3311. 
(d) COORDINATION WITH LOWER ESTUARY ASSESS-
MENT GROUP.—The Secretary of the Interior shall carry 
out this section in coordination with the Lower Estuary 
Assessment Group, as authorized by section 902 of the 
Estuaries and Clean Waters Act of 2000 (Public Law 
106–457; 33 U.S.C. 2901 note). 
SEC. 3314. COLLABORATION WITH OTHER PUBLIC AND PRI-
VATE MONITORING EFFORTS. 
To establish the sediment and nutrient monitoring 
network, the Secretary of the Interior shall collaborate, 
to the maximum extent practicable, with other Federal, 
State, tribal, local and private sediment and nutrient mon-
itoring programs that meet guidelines prescribed under 
section 3312(a), as determined by the Secretary. 
SEC. 3315. COST SHARE REQUIREMENTS. 
(a) REQUIRED COST SHARING.—The non-Federal 
sponsors of the sediment and nutrient monitoring network 
shall be responsible for not less than 25 percent of the 
costs of maintaining the network.
336
(b) IN-KIND CONTRIBUTIONS.—Up to 80 percent of 
the non-Federal share may be provided through in-kind 
contributions. 
(c) TREATMENT OF EXISTING EFFORTS.—A State or 
local monitoring effort, in existence as of the date of the 
enactment of this Act, that the Secretary of the Interior 
finds adheres to the guidelines prescribed under section 
3312(a) shall be deemed to satisfy the cost share require-
ments of this section. 
SEC. 3316. REPORTING REQUIREMENTS. 
The Secretary of the Interior shall report to Congress 
not later than 180 days after the date of the enactment 
of this Act on the development of the sediment and nutri-
ent monitoring network. 
SEC. 3317. NATIONAL RESEARCH COUNCIL ASSESSMENT. 
The National Research Council of the National Acad-
emy of Sciences shall conduct a comprehensive water re-
sources assessment of the Upper Mississippi River Basin.
Subtitle B—Computer Modeling 
and Research 
SEC. 3321. COMPUTER MODELING AND RESEARCH OF SEDI-
MENT AND NUTRIENT SOURCES. 
(a) MODELING PROGRAM REQUIRED.—As part of the 
Upper Mississippi River Stewardship Initiative, the Direc-
tor of the United States Geological Survey shall establish
337
a modeling program to identify significant sources of sedi-
ment and nutrients in the Upper Mississippi River Basin. 
(b) ROLE.—Computer modeling shall be used to iden-
tify subwatersheds which are significant sources of sedi-
ment and nutrient loss and shall be made available for 
the purposes of targeting public and private sediment and 
nutrient reduction efforts. 
(c) COMPONENTS.—Sediment and nutrient models 
for the Upper Mississippi River Basin shall include the 
following: 
(1) Models to relate nutrient loss to landscape, 
land use, and land management practices. 
(2) Models to relate sediment loss to landscape, 
land use, and land management practices. 
(3) Models to define river channel nutrient 
transformation processes. 
(d) COLLECTION
OF ANCILLARY INFORMATION.—
Ancillary information shall be collected in a GIS format 
to support modeling and management use of modeling re-
sults, including the following: 
(1) Land use data. 
(2) Soils data. 
(3) Elevation data. 
(4) Information on sediment and nutrient re-
duction improvement actions.
338
(5) Remotely sense data. 
(e) HEADQUARTERS.—Information developed by 
computer modeling shall be headquartered at the Upper 
Midwest Environmental Sciences Center in La Crosse, 
Wisconsin. 
SEC. 3322. USE OF ELECTRONIC MEANS TO DISTRIBUTE
INFORMATION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Director of the United States Geo-
logical Survey shall establish a system that uses the tele-
communications medium known as the Internet to provide 
information regarding the following: 
(1) Public and private programs designed to re-
duce sediment and nutrient loss in the Upper Mis-
sissippi River Basin. 
(2) Information on sediment and nutrient levels 
in the Upper Mississippi River and its tributaries. 
(3) Successful sediment and nutrient reduction 
projects. 
SEC. 3323. REPORTING REQUIREMENTS. 
(a) MONITORING
ACTIVITIES.—Commencing one 
year after the date of the enactment of this Act, the Direc-
tor of the United States Geological Survey shall provide 
to the Congress and make available to the public an an-
339
nual report regarding monitoring activities conducted in 
the Upper Mississippi River Basin. 
(b) MODELING ACTIVITIES.—Every three years, the 
Director of the United States Geological Survey shall pro-
vide to the Congress and make available to the public a 
progress report regarding modeling activities.
Subtitle C—Authorization of 
Appropriations 
SEC. 3331. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary of the Interior $6,250,000 each 
fiscal year to carry out this title. 
(b) WATER RESOURCE AND WATER QUALITY MAN-
AGEMENT ASSESSMENT.—There is authorized to be ap-
propriated $650,000 to allow the National Research Coun-
cil to perform the assessment required by section 3317.
TITLE 
IV—ROCKY 
BOY’S 
RES-
ERVATION 
RURAL 
WATER 
SYSTEM 
SEC. 3401. SHORT TITLE. 
This title may be cited as the ‘‘Rocky Boy’s/North 
Central Montana Regional Water System Act of 2002’’. 
SEC. 3402. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that—
340
(1) the water systems serving residents of the 
Rocky Boy’s Reservation in the State of Montana—
(A) do not meet minimum health and safe-
ty standards; 
(B) pose a threat to public health and 
safety; and 
(C) are inadequate to supply the water 
needs of the Chippewa Cree Tribe; 
(2) the United States has a trust responsibility 
to ensure that adequate and safe water supplies are 
available to meet the economic, environmental, water 
supply, and public health needs of the Reservation; 
(3) the entities administering the rural and mu-
nicipal water systems in North Central Montana are 
having difficulty complying with regulations promul-
gated under the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); and 
(4) Lake Elwell, near Chester, Montana, would 
provide the most available, reliable, and safe rural 
and municipal water supply for serving the needs of 
the Reservation and north central Montana. 
(b) PURPOSES.—The purposes of this title are—
(1) to ensure a safe and adequate rural, munic-
ipal, and industrial water supply for the residents of
341
the Rocky Boy’s Reservation in the State of Mon-
tana; 
(2) to assist the citizens residing in Chouteau, 
Hill, Liberty, Pondera, Teton, and Toole Counties, 
Montana, but outside the Reservation, in developing 
safe and adequate rural, municipal, and industrial 
water supplies; 
(3) to require the Secretary of the Interior, act-
ing through the Commissioner of Reclamation—
(A) to plan, design, and construct the core 
and noncore systems of the Rocky Boy’s/North 
Central Montana Regional Water System in the 
State of Montana; and 
(B) to operate, maintain, and replace the 
core system and the on-Reservation water dis-
tribution systems, including service connections 
to communities and individuals; and 
(4) to require the Secretary, at the request of 
the Chippewa Cree Tribe, to enter into a self-govern-
ance agreement with the Tribe under title IV of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 458aa et seq.), under which the 
Tribe will plan, design, construct, operate, maintain, 
and replace (including service connections to commu-
nities and individuals)—
342
(A) the core system of the water supply 
system; and 
(B) on-Reservation water distribution sys-
tems. 
SEC. 3403. DEFINITIONS. 
In this title: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the North Central Montana Regional Water Author-
ity established under State law to allow public agen-
cies to join together to secure and provide water for 
resale. 
(2) CORE SYSTEM.—The term ‘‘core system’’ 
means a component of the water system described in 
section 3404(a)(5) and the study. 
(3) NONCORE
SYSTEM.—The term ‘‘noncore 
system’’ means the rural water system for Chouteau, 
Hill, Liberty, Pondera, Teton, and Toole Counties, 
Montana, described in section 3405(c) and the 
study. 
(4) RESERVATION.—
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the Rocky Boy’s Reservation in the 
State. 
(B) INCLUSIONS.—The term ‘‘Reserva-
tion’’ includes all land and interests in land
343
that are held in trust by the United States for 
the Tribe (including future additions to the 
Reservation). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the 
Commissioner of Reclamation. 
(6) STATE.—The term ‘‘State’’ means the State 
of Montana. 
(7) STUDY.—The term ‘‘study’’ means the 
study entitled ‘‘North Central Montana Regional 
Water System Planning/Environmental Report’’ 
dated May 2000 (including the needs assessment, 
environmental report, and feasibility level study). 
(8) TRIBE.—The term ‘‘Tribe’’ means—
(A) the Chippewa Cree Tribe on the Res-
ervation; and
(B) all officers, agents, and departments of 
the Tribe. 
(9) WATER
SYSTEM.—The term ‘‘water sys-
tem’’ means— 
(A) the core system; and 
(B) on-Reservation water distribution sys-
tems.
344
SEC. 3404. ROCKY BOY’S RESERVATION RURAL WATER SYS-
TEM. 
(a) CORE SYSTEM.—
(1) IN GENERAL.—The Secretary shall plan, de-
sign, construct, operate, maintain, and replace the 
core system. 
(2) FEDERAL SHARE.—
(A) PLANNING, DESIGN, AND CONSTRUC-
TION.—The Federal share of the cost of plan-
ning, design, and construction of the core sys-
tem shall be—
(i) 100 percent; and 
(ii) funded through annual appropria-
tions to the Bureau of Reclamation. 
(B) OPERATION, MAINTENANCE, AND RE-
PLACEMENT.—The Federal share of the cost of 
operation, maintenance, and replacement of the 
core system shall be—
(i) 100 percent of the Tribe’s share of 
the total capacity of the core pipeline of 
the core system; and 
(ii) funded through annual appropria-
tions to the Bureau of Indian Affairs. 
(3) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of operation, maintenance, and re-
placement of the core shall be—
345
(A) prorated according to the nontribal 
users’ share of the total capacity of the core 
pipeline of the core system; and 
(B) fully reimbursable to the Secretary. 
(4) AGREEMENTS.—Federal funds made avail-
able to carry out this subsection may be obligated 
and expended only in accordance with an agreement 
entered into under subsection (c). 
(5) COMPONENTS.—The core system shall con-
sist of—
(A) intake, pumping, water storage, and 
treatment facilities located at Tiber Reservoir, 
with water obtained from Lake Elwell stored 
behind Tiber Dam, near Chester, Montana; 
(B) transmission pipelines, pumping sta-
tions, and storage reservoirs extending from 
Lake Elwell near Chester, Montana, approxi-
mately 60 miles east to the communities 
throughout the Reservation; 
(C) appurtenant buildings and access 
roads; 
(D) all property and property rights nec-
essary for the facilities described in this sub-
section; and
346
(E) electrical power transmission and dis-
tribution facilities necessary for services to core 
system facilities and noncore system facilities. 
(b) ON-RESERVATION WATER DISTRIBUTION SYS-
TEMS.—
(1) IN GENERAL.—The Secretary shall operate, 
maintain, and replace the water distribution systems 
of the Reservation. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of operation, maintenance, and replacement 
of a water distribution system on the Reservation 
shall be—
(A) 100 percent; and 
(B) funded through annual appropriations 
to the Bureau of Indian Affairs. 
(3) AGREEMENTS.—Federal funds made avail-
able to carry out this subsection may be obligated 
and expended only in accordance with an agreement 
entered into under subsection (c). 
(4) COMPONENTS.—The water distribution sys-
tems of the Reservation shall consist of—
(A) water systems in existence on the date 
of enactment of this Act that may be pur-
chased, improved, and repaired in accordance
347
with an agreement entered into under sub-
section (c); 
(B) water systems owned by individual 
members of the Tribe and other residents of the 
Reservation; 
(C) any water distribution system that is 
upgraded to current standards, disconnected 
from low-quality wells, or expanded to serve in-
creased demands; 
(D) interconnections; and 
(E) such other pipelines, pumping plants, 
power lines, and facilities as the Secretary de-
termines to be appropriate to meet the water 
supply, economic, public health, and environ-
mental needs of the Reservation, including 
water storage tanks, water lines, and other fa-
cilities for the Tribe and the villages, commu-
nities, and towns on the Reservation. 
(c) AGREEMENTS.—
(1) IN GENERAL.—At the request of the Tribe, 
the Secretary shall enter into a self-governance 
agreement under title IV of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
458aa et seq.) with the Tribe to, in accordance with 
this title—
348
(A) plan, design, construct, operate, main-
tain, and replace the core system; and 
(B) operate, maintain, and replace on-Res-
ervation water distribution systems. 
(2) PROJECT
OVERSIGHT
ADMINISTRATION.—
The amount of Federal funds that may be used to 
carry out paragraph (1)(A) shall not exceed the 
amount that is equal to 3 percent of the total field 
cost budget provided in the construction budget for 
the core system prepared by the Tribe and approved 
by the Secretary for the entire project construction 
period. 
(d) SERVICE AREA.—The service area of the core sys-
tem shall be the Reservation and those non-tribal commu-
nities and persons that are supplied with water directly 
from the core transmission line of the core system. 
(e) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the core system shall be planned and constructed 
to the extent necessary to meet the municipal, rural, and 
industrial water supply requirements of the service area 
of the core system as described in the study. 
(f) TITLE TO CORE SYSTEM.—Title to the core sys-
tem—
(1) shall be held in trust by the United States 
for the Tribe; and
349
(2) shall not be transferred unless a transfer is 
authorized by an Act of Congress enacted after the 
date of enactment of this Act. 
(g) TECHNICAL ASSISTANCE.—The Secretary shall 
provide such technical assistance as is necessary to enable 
the Tribe to plan, design, construct, operate, maintain, 
and replace the core system, including operation and man-
agement training. 
SEC. 3405. NONCORE SYSTEM. 
(a) IN GENERAL.—The Secretary shall enter into a 
cooperative agreement with the Authority to provide Fed-
eral funds for the planning, design, and construction of 
the noncore system in Chouteau, Hill, Liberty, Pondera, 
Teton, and Toole Counties, Montana, outside the Reserva-
tion. 
(b) FEDERAL SHARE.—
(1) PLANNING, DESIGN, AND CONSTRUCTION.—
The Federal share of the cost of planning, design, 
and construction of the noncore system shall be not 
more than 75 percent, as determined by the Sec-
retary. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—The cost of operation, maintenance, and re-
placement of the noncore system shall be fully reim-
bursable to the Secretary.
350
(3) COOPERATIVE AGREEMENT.—Federal funds 
made available to carry out this section may be obli-
gated and expended only in accordance with a coop-
erative agreement entered into under subsection (d). 
(c) COMPONENTS.—The components of the noncore 
system on which Federal funds may be obligated and ex-
pended under this section shall include—
(1) storage, pumping, and pipeline facilities; 
(2) appurtenant buildings and access roads; 
(3) all property and property rights necessary 
for the facilities described in this subsection; 
(4) electrical power transmission and distribu-
tion facilities necessary for service to noncore system 
facilities; 
(5) planning and design services for all such fa-
cilities; and 
(6) other facilities and services customary to 
the development of a rural water distribution system 
in the State. 
(d) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—At the request of the Chip-
pewa Cree Water Resources Subcommittee, the Sec-
retary shall enter into a cooperative agreement with 
the Authority to provide Federal assistance for the
351
planning, design, and construction of the noncore 
system. 
(2) MANDATORY PROVISIONS.—The cooperative 
agreement under paragraph (1) shall specify, in a 
manner that is acceptable to the Secretary, the 
Tribe, and the Authority—
(A) the responsibilities of each party to the 
agreement for—
(i) the final engineering report; 
(ii) engineering and design; 
(iii) construction; 
(iv) water conservation measures; and 
(v) administration of contracts relat-
ing to performance of the activities de-
scribed in clauses (i) through (iv); 
(B) the procedures and requirements for 
approval and acceptance of the design and con-
struction and for carrying out other activities 
described in subparagraph (A); and 
(C) the rights, responsibilities, and liabil-
ities of each party to the agreement. 
(3) PROJECT
OVERSIGHT
ADMINISTRATION.—
The amount of Federal funds that may be used to 
carry out paragraph (1) shall not exceed the amount 
that is equal to 3 percent of the total field cost
352
budget provided in the construction budget for the 
noncore system prepared by the Authority and ap-
proved by the Secretary for the entire project con-
struction period. 
(4) OVERSIGHT.—The Authority shall have 
oversight responsibility over the noncore system. 
(e) SERVICE AREA.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the service area of the noncore system 
shall be generally defined as the area—
(A) north of the Missouri River and 
Dutton, Montana; 
(B) south of the border between the 
United States and Canada; 
(C) west of Havre, Montana; and 
(D) east of Cut Bank, Montana. 
(2) EXCLUSIONS
FROM
SERVICE
AREA.—The 
service area of the noncore system shall not include 
the area inside the Reservation. 
(f) LIMITATION ON USE OF FEDERAL FUNDS.—The 
operation and maintenance expenses associated with non-
tribal water deliveries from the core system to the noncore 
system—
(1) shall not be a Federal responsibility; and 
(2) shall be borne by the noncore system.
353
(g) TITLE
TO NONCORE SYSTEM.—Title to the 
noncore system shall be held by the Authority. 
SEC. 3406. LIMITATION ON AVAILABILITY OF CONSTRUC-
TION FUNDS. 
The Secretary shall not obligate funds for construc-
tion of the core system or the noncore system until—
(1) the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
are met with respect to the core system and the 
noncore system; and 
(2) the date that is 90 days after the date of 
submission to Congress of a final engineering report 
approved by the Secretary. 
SEC. 3407. INTERCONNECTION CHARGES. 
The cost of interconnection of nontribal community 
water distribution systems and individual service systems 
to transmission lines of the core system and noncore sys-
tem shall be the responsibility of the entities receiving 
water from the transmission lines. 
SEC. 3408. NONDIMINISHMENT OF TIBER RESERVOIR ALLO-
CATION TO THE TRIBE. 
In providing for the delivery of water to the noncore 
system, the Secretary shall not diminish the 10,000 acre-
feet per year of water stored for the Tribe pursuant to 
section 201 of the Chippewa Cree Tribe of The Rocky
354
Boy’s Reservation Indian Reserved Water Rights Settle-
ment and Water Supply Enhancement Act of 1999 (Public 
Law 106–163; 113 Stat. 1789) in Lake Elwell, Lower 
Marias Unit, Upper Missouri Division, Pick-Sloan Mis-
souri Basin Program, Montana. 
SEC. 3409. USE OF PICK-SLOAN POWER. 
(a) IN GENERAL.—The Secretary shall authorize and 
provide for the use of power from the Pick-Sloan Eastern 
Division to start up and operate the water system and the 
noncore system. 
(b) RESERVATION OF POWER.—The Secretary shall 
reserve, and make available, for the purpose authorized 
by subsection (a)—
(1) during the irrigation season, Pick-Sloan 
Eastern Division power identified for future project 
use pumping; and 
(2) during the nonirrigation season, Pick-Sloan 
Eastern Division preference power, to the extent 
that the power is available. 
(c) RATE.—The rate for project use power made 
available under subsection (b) shall be—
(1) during the irrigation season, the project use 
pumping power rate; and 
(2) during the nonirrigation season, the whole-
sale firm power rate.
355
(d) ADDITIONAL POWER.—If power in addition to the 
power made available under subsection (b) is required to 
meet the pumping requirements of the service area of the 
water system and the noncore system, the Administrator 
of the Western Area Power Administration may purchase 
the necessary additional power under such terms and con-
ditions as the Administrator determines to be appropriate. 
(e) RECOVERY OF EXPENSES.—Expenses associated 
with power purchases under subsections (a) and (d) shall 
be included in the operation, maintenance, and replace-
ment costs and recovered in accordance with sections 
3404(a)(3)(B) and 3405(b)(2). 
SEC. 3410. WATER CONSERVATION PLAN. 
(a) IN GENERAL.—The Tribe and the Authority shall 
develop a water conservation plan that contains—
(1) a description of water conservation objec-
tives; 
(2) a description of appropriate water conserva-
tion measures; and 
(3) a time schedule for implementing the water 
conservation measures to meet the water conserva-
tion objectives. 
(b) PURPOSE.—The water conservation plan under 
subsection (a) shall be designed to ensure that users of 
water from the core system, on-Reservation water dis-
356
tribution systems, and the noncore system will use the best 
practicable technology and management techniques to con-
serve water. 
(c) PUBLIC PARTICIPATION.—Section 210(c) of the 
Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) 
shall apply to an activity authorized under this title. 
SEC. 3411. WATER RIGHTS. 
This title does not—
(1) impair the validity of or preempt any provi-
sion of State water law or any interstate compact 
governing water; 
(2) alter the right of any State to any appro-
priated share of the water of any body of surface or 
ground water, whether determined by any past or 
future interstate compact or by any past or future 
legislative or final judicial allocation; 
(3) preempt or modify any Federal or State law 
or interstate compact concerning water quality or 
disposal; 
(4) confer on any non-Federal entity the au-
thority to exercise any Federal right to the water of 
any stream or to any ground water resource; 
(5) affect any right of the Tribe to water, lo-
cated within or outside the external boundaries of 
the Reservation, based on a treaty, compact, Execu-
357
tive order, agreement, Act of Congress, aboriginal 
title, the decision in Winters v. United States, 207 
U.S. 564 (1908) (commonly known as the ‘‘Winters 
Doctrine’’), or other law; or 
(6) validate or invalidate any assertion of the 
existence, nonexistence, or extinguishment of any 
water right held or Indian water compact entered 
into by the Tribe or by any other Indian tribe or in-
dividual Indian under Federal or State law. 
SEC. 3412. AUTHORIZATION OF APPROPRIATIONS. 
(a) CORE SYSTEM.—There are authorized to be ap-
propriated—
(1) $120,000,000 for the planning, design, and 
construction of the core system; and 
(2) such sums as are necessary for the oper-
ation, maintenance, and replacement of the water 
system, including power costs of the Western Area 
Power Administration. 
(b) NONCORE SYSTEM.—There is authorized to be 
appropriated $60,000,000 for the planning, design, and 
construction of the noncore system. 
(c) COST INDEXING.—The sums authorized to be ap-
propriated under this section may be increased or de-
creased by such amounts as are justified by reason of ordi-
nary fluctuations in development costs incurred after July
358
1, 1997, as indicated by engineering cost indices applica-
ble for the type of construction involved.
TITLE V—KLAMATH BASIN 
AUTHORIZATIONS 
SEC. 3501. SHORT TITLE. 
This title may be cited as the ‘‘Klamath Basin Emer-
gency Operation and Maintenance Refund Act of 2002’’. 
SEC. 3502. QUALIFIED KLAMATH PROJECT ENTITY DE-
FINED. 
In this title, the term ‘‘qualified Klamath Project en-
tity’’ means an entity that—
(1) has executed a water supply contract with 
the United States for water from the Upper Klam-
ath Lake and the Klamath River of the Klamath 
Project pursuant to the reclamation laws, including 
the Act of June 17, 1902 (32 Stat. 388), and Acts 
amendatory thereof or supplementary thereto; 
(2) distributes water received under the con-
tract; 
(3) received a severely limited irrigation supply 
from the Upper Klamath Lake and the Klamath 
River based on the Bureau of Reclamation 2001 an-
nual operations plan dated April 6, 2001; and
359
(4) was not reimbursed for its operation and 
maintenance expenses for 2001 pursuant to State 
law. 
SEC. 3503. REFUND AND WAIVER OF ASSESSMENTS AND 
CHARGES FOR OPERATION AND MAINTE-
NANCE OF KLAMATH PROJECT. 
(a) IN GENERAL.—The Secretary of the Interior is 
authorized to pay to each qualified Klamath Project entity 
an amount equal to the amount assessed or charged to 
members of the qualified Klamath Project entity, or to 
other persons receiving water or drainage service from 
such an entity, for operation and maintenance of Klamath 
Project transferred and reserved works for 2001. 
(b) CONDITIONS.—Payment under this section may 
be made to a qualified Klamath Project entity only after 
the entity has—
(1) provided to the Secretary documentation 
satisfactory to the Bureau of Reclamation, dem-
onstrating the total amount assessed or charged to 
members of the entity or to persons receiving service 
from the entity; and 
(2) executed a binding agreement under which 
the funds paid to the entity under this section shall 
be distributed to each member of the entity or per-
sons receiving service from the entity in an amount
360
equal to the amount collected by the entity from the 
member or person for operation and maintenance for 
2001. 
(c) WAIVER
OF
REMAINING
AND
ADDITIONAL 
CHARGES.—The Secretary may waive any requirement 
that a qualified Klamath Project entity pay remaining or 
additional charges for operation and maintenance of 
Klamath Project reserved works for 2001. 
(d) PAYMENTS AND WAIVERS FOR INDIVIDUALS.—
The Secretary—
(1) may pay, to any individual within the Klam-
ath Project who holds a contract entered into pursu-
ant to the Act of February 21, 1911 (36 Stat. 925; 
43 U.S.C. 523–525), popularly known as the ‘‘War-
ren Act’’, and who is not within a district that re-
ceives a payment pursuant to subsection (a) and a 
waiver under subsection (c), an amount equal to the 
amount collected from such individual for operation 
and maintenance of Klamath Project reserved works 
for 2001; and 
(2) may forego collection from such individual 
of charges for operation and maintenance of such 
works for the remainder of 2001.
361
SEC. 3504. AUTHORIZATION OF APPROPRIATIONS. 
Amounts not paid by a qualified Klamath Project en-
tity to the Bureau of Reclamation for the operation and 
maintenance of the reserved works for 2001 shall be fund-
ed from the appropriations authorized by this title. Costs 
incurred by the Bureau of Reclamation in carrying out 
this title shall not be reimbursable. 
SEC. 3505. NO SUPPLEMENTAL OR ADDITIONAL BENEFIT. 
Activities under this title or funded pursuant to this 
title shall not be considered a supplemental or additional 
benefit under the Act of June 17, 1902 (82 Stat. 388), 
and all Acts amendatory thereof or supplementary thereto.
TITLE VI—CENTRAL UTAH 
PROJECT AMENDMENTS 
SEC. 3601. AMENDMENTS TO THE CENTRAL UTAH PROJECT 
COMPLETION ACT. 
(a) TREATMENT OF INVESTIGATION COSTS.—Section 
201(b) of the Central Utah Project Completion Act (106 
Stat. 4607) is amended following paragraph (2) by insert-
ing the following: ‘‘All amounts previously expended in 
planning and developing the projects and features de-
scribed in this subsection including amounts previously ex-
pended for investigation of power features in the Bonne-
ville Unit shall be considered non-reimbursable and non-
returnable.’’.
362
(b) CLARIFICATION OF SECRETARIAL RESPONSIBIL-
ITIES.—Section 201(e) of the Central Utah Project Com-
pletion Act (106 Stat. 4608) is amended—
(1) in the first sentence—
(A) by striking ‘‘identified in this Act’’ and 
inserting ‘‘identified in this title and the Act of 
April 11, 1956 (chapter 203; 70 Stat. 110 et 
seq.), popularly known as the Colorado River 
Storage Project Act,’’; 
(B) by inserting ‘‘relating to the Bonneville 
Unit of the Central Utah Project including 
oversight for all phases of the Bonneville Unit, 
the administration of all prior and future con-
tracts, operation and maintenance of previously 
constructed facilities’’ before ‘‘and may not del-
egate’’; 
(C) by striking ‘‘his responsibilities under 
this Act’’ and inserting ‘‘such responsibilities’’; 
and 
(D) by striking the period after ‘‘Reclama-
tion’’ and inserting: ‘‘, except through the pilot 
management program hereby authorized. The 
pilot management program will exist for a pe-
riod not to exceed 5 years and shall provide a 
mechanism for the Secretary and the District to
363
create a mutually acceptable organization with-
in the Bureau of Reclamation to assist the Sec-
retary in his responsibilities for the long-term 
management of the Bonneville Unit. Such pilot 
management program may be extended indefi-
nitely by mutual agreement between the Sec-
retary and the District.’’; 
(2) in the second sentence—
(A) by inserting ‘‘technical’’ before ‘‘serv-
ices’’; and 
(B) by inserting ‘‘for engineering and con-
struction work’’ before ‘‘on any project fea-
tures’’; and 
(3) by inserting at the end thereof the following 
new sentence: ‘‘These provisions shall not affect the 
responsibilities of the Bureau of Reclamation and 
the Western Area Power Administration regarding 
all matters relating to all Colorado River Storage 
Project power functions, including all matters affect-
ing the use of power revenues, power rates and rate-
making.’’. 
(c) MUNICIPAL AND INDUSTRIAL WATER.—Section 
202(a)(1)(B) of the Central Utah Project Completion Act 
(106 Stat. 4608) is amended in the last sentence by insert-
364
ing ‘‘and municipal and industrial water’’ after the word 
‘‘basin’’. 
(d) USE OF UNEXPENDED BUDGET AUTHORITY.—
Section 202(c) of the Central Utah Project Completion 
Act (106 Stat. 4611) is amended to read as follows: ‘‘The 
Secretary is authorized to utilize all unexpended budget 
authority for units of the Central Utah Project up to 
$300,000,000 and the balance of such budget authority 
in excess of this amount is deauthorized. Such 
$300,000,000 may be used to provide 65 percent Federal 
share pursuant to section 204, to acquire water and water 
rights for project purposes including instream flows, to 
complete project facilities authorized in this title and title 
III, to implement water conservation measures under sec-
tion 207, including use of reverse osmosis membrane tech-
nologies, water recycling, and conjunctive use, to stabilize 
high mountain lakes and appurtenant facilities, to develop 
power, and for other purposes. In addition, funds may be 
provided by the Commission for fish and wildlife purposes. 
The District shall comply with the provisions of sections 
202(a)(1), 205(b), and Title VI with respect to the fea-
tures to be provided for in this subsection.’’. 
(e) PREPAYMENT OF REPAYMENT.—Section 210 of 
the Central Utah Project Completion Act (106 Stat. 4624) 
is amended—
365
(1) in the second sentence—
(A) by inserting ‘‘or any additional or sup-
plemental repayment contract’’ after ‘‘1985,’’; 
and 
(B) by inserting ‘‘of the Central Utah 
Project’’ after ‘‘water delivery facilities’’; and 
(2) by striking ‘‘The District shall exercise’’ 
and all that follows through the end of that sen-
tence. 
SEC. 3602. USE OF PROJECT FACILITIES FOR NONPROJECT 
WATER. 
The Secretary of the Interior may enter into con-
tracts with the Provo River Water Users Association or 
any of its member unit contractors for water from Provo 
River, Utah, under the Act of February 21, 1911 (43 
U.S.C. 523), for—
(1) the impounding, storage, and carriage of 
nonproject water for domestic, municipal, industrial, 
and other beneficial purposes, using facilities associ-
ated with the Provo River Project, Utah; and 
(2) the exchange of water among Provo River 
Project contractors, for the purposes set forth in 
paragraph (1), using facilities associated with the 
Provo River Project, Utah.
366
TITLE 
VII—BUREAU 
OF 
REC-
LAMATION 
RECREATION 
PROJECTS 
SEC. 3701. SHORT TITLE. 
This title may be cited as the ‘‘Reclamation Recre-
ation Management Act of 2002’’. 
SEC. 
3702. 
AMENDMENTS 
TO 
THE 
FEDERAL 
WATER 
PROJECT RECREATION ACT. 
(a) CONGRESSIONAL POLICY.—The first section of 
the Federal Water Project Recreation Act (16 U.S.C. 
460l–12) is amended by striking ‘‘public bodies’’ and in-
serting ‘‘entities’’. 
(b) ALLOCATION OF COSTS.—Section 2 of the Fed-
eral Water Project Recreation Act (16 U.S.C. 460l–13) 
is amended—
(1) in subsection (a) by striking ‘‘, before au-
thorization of a project,’’; 
(2) in subsection (a), by striking ‘‘public bod-
ies’’ and inserting ‘‘entities’’ and by striking 
‘‘Projects authorized during the calendar year’’ and 
all that follows to the end of the subsection; 
(3) in subsection (b) by striking ‘‘non-Federal 
interests’’ each place it appears and inserting ‘‘non-
Federal entities’’; 
(4) in subsection (b)(2)—
367
(A) by striking ‘‘: Provided, That the 
source of repayment may be limited to’’ and in-
serting ‘‘. The source of repayment may in-
clude’’; and 
(B) by inserting ‘‘and retained’’ after ‘‘col-
lected’’; and 
(5) in subsection (b)(2) by adding at the end 
the following: ‘‘Fees and charges may be collected, 
retained and used by the non-Federal entities for op-
eration, maintenance, and replacement of recreation 
facilities on project lands and waters being managed 
by the non-Federal entities. As established by the 
Secretary, any excess revenues will be credited to the 
Reclamation Fund to remain available, without fur-
ther Act of appropriation, to support recreation de-
velopment and management of Bureau of Reclama-
tion land and water areas.’’. 
(c) RECREATION
AND FISH
AND WILDLIFE EN-
HANCEMENT.—Section 3 of the Federal Water Project 
Recreation Act (16 U.S.C. 460l–14) is amended—
(1) by striking subsection (a), redesignating 
subsection (b) as subsection (a), and inserting after 
subsection (a) (as so redesignated) the following: 
‘‘(b) In the absence of a non-Federal managing part-
ner, the Secretary of the Interior, acting through the Com-
368
missioner of Reclamation, is authorized, as a part of any 
water resource development project under the Secretary’s 
control heretofore or hereafter authorized or reauthorized, 
to investigate, plan, construct, replace, manage, operate 
and maintain or otherwise provide for public use and en-
joyment of project lands, facilities, and water areas in a 
manner coordinated with the other project purposes; the 
costs of which are nonreimbursable.’’; 
(2) in subsection (a) (as so redesignated)—
(A) by inserting ‘‘or enhance’’ after 
‘‘project construction to preserve’’; 
(B) by striking ‘‘enhancement potential’’ 
each place it appears and inserting ‘‘resources’’; 
(C) by striking ‘‘public bodies’’ each place 
it appears and inserting ‘‘entities’’; 
(D) by striking ‘‘public body’’ and insert-
ing ‘‘entity’’; and 
(E) by striking ‘‘or, in the absence thereof, 
will not detract from that potential’’; 
(3) in subsection (c)(1)(B) by striking ‘‘public 
body’’ each place it appears and inserting ‘‘entity’’; 
and 
(4) by adding at the end of subsection (c) the 
following:
369
‘‘(3) In the absence of a non-Federal managing part-
ner, the Secretary of the Interior, acting through the Com-
missioner of Reclamation, may modify or expand existing 
facilities, the costs of which are nonreimbursable.’’. 
(d) LEASE OF FACILITIES.—
(1) REPEAL.—Section 4 of the Federal Water 
Project Recreation Act (16 U.S.C. 460l–15) is re-
pealed, and sections 5 through 12 of such Act are 
redesignated as sections 4 through 11, respectively. 
(2) CONFORMING
AMENDMENT.—Section 6(e) 
of the Federal Water Project Recreation Act (16 
U.S.C. 460l–17(e)) is amended by striking ‘‘4, and 
5’’ and inserting ‘‘, and 4’’. 
(e) POST AUTHORIZATION DEVELOPMENT.—Section 
5 of the Federal Water Project Recreation Act (16 U.S.C. 
460l–16) is amended by striking ‘‘public bodies’’ and in-
serting ‘‘entities’’. 
(f) PROVISION
OF FACILITIES.—Section 7 of the 
Federal Water Project Recreation Act (16 U.S.C. 460l–
18) is amended—
(1) in subsection (e) by striking ‘‘and 5’’ and 
inserting ‘‘and between 3 and 4’’; 
(2) in subsection (g) by striking ‘‘3(b)’’ and in-
serting ‘‘3(a)’’; and
370
(3) in subsection (h) by striking ‘‘public bodies’’ 
and inserting ‘‘entities’’; and by striking ‘‘3(b)’’ and 
inserting ‘‘3(a)’’. 
(g) MISCELLANEOUS REPORTS.—Section 6 of the 
Federal Water Project Recreation Act (16 U.S.C. 460l–
17) is amended by adding at the end the following: 
‘‘(i) Amounts collected under section 2805 of Public 
Law 102–575 for admission to or recreation use of project 
land and waters shall be deposited in a special account 
in the Reclamation Fund and remain available to the 
Commissioner of Reclamation without further appropria-
tion until expended. Such funds may be used for the devel-
opment, reconstruction, replacement, management, and 
operation of recreation resources on project lands and wa-
ters with not less than 60 percent being used at the site 
from which the fees were collected.’’. 
(h) MANAGEMENT
FOR RECREATION, FISH
AND 
WILDLIFE, AND OTHER RESOURCES.—Section 7 of the 
Federal Water Project Recreation Act (16 U.S.C. 460l–
18) is amended—
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized, in conjunc-
tion with any water resource development project here-
371
tofore or hereafter constructed or which is otherwise under 
the Secretary’s control, to—
‘‘(1) investigate, plan, design, construct, re-
place, manage, operate, and maintain or otherwise 
provide for recreation and fish and wildlife enhance-
ment facilities and services, the costs of which may 
be nonreimbursable; 
‘‘(2) provide for public use and enjoyment of 
project lands, facilities, and water areas in a manner 
coordinated with the other project purposes, includ-
ing by entering into grants, cooperative agreements, 
and similar instruments with non-Federal entities, 
without cost sharing, for recreation projects and ac-
tivities; and 
‘‘(3) to acquire or otherwise make available 
such adjacent lands or interests therein as are nec-
essary for public recreation or fish and wildlife 
use.’’; 
(2) in subsection (b)—
(A) by inserting ‘‘, acting through the 
Commissioner of Reclamation,’’ after ‘‘the Sec-
retary of the Interior’’; 
(B) by inserting ‘‘and management’’ after 
‘‘administration’’; 
(C) by striking ‘‘lease’’; and
372
(D) by adding at the end the following: 
‘‘All such agreements or contracts for adminis-
tration or management shall identify the terms 
and conditions of administration, management, 
and use, approvals required from Bureau of 
Reclamation, and assure public access to 
project lands managed for recreation.’’; 
(3) by adding at the end the following: 
‘‘(d) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is also authorized to enter 
into agreements with other non-Federal entities for recre-
ation and concession management at Bureau of Reclama-
tion projects. All such agreements or contracts for man-
agement shall identify the terms and conditions of man-
agement and use, approvals required from the Bureau of 
Reclamation, and assure public access to project lands 
managed for recreation.’’; and 
‘‘(e) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized to approve 
the administration, management, and use of Bureau of 
Reclamation lands, waters, and the resources thereon by 
means of easements, leases, licenses, contracts, permits, 
and other forms of conveyance instruments. 
‘‘(f) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized to produce,
373
sell, or otherwise make available to the public: information 
about Bureau of Reclamation programs including publica-
tions, photographs, computer discs, maps, brochures, post-
ers, videos, and other memorabilia related to the Bureau 
of Reclamation, and the natural, historic, and cultural re-
sources of the area; and, other appropriate and suitable 
merchandise to enhance the public’s use of the area. In-
come from such sales shall be credited to the Reclamation 
Fund to remain available, without further Act of appro-
priation, to pay costs associated with the production and 
sale of items, and any remaining revenue shall be avail-
able, without further Act of appropriation, to support 
recreation development and management of Bureau of 
Reclamation land and water areas.’’. 
(i) DEFINITIONS.—Section 10 of the Federal Water 
Project Recreation Act (16 U.S.C. 460l–21) is amended 
by adding at the end the following: 
‘‘(f) The term ‘non-Federal entity’ means non-Fed-
eral public bodies, nonprofit organizations, Indian tribes, 
or entities within the private sector.’’. 
(j) AUTHORIZATION OF APPROPRIATIONS.—The Fed-
eral Water Project Recreation Act (16 U.S.C. 460l–12 et 
seq.) is amended by redesignating section 11 (as redesig-
nated by subsection (d) of this section) as section 12, and 
by inserting after section 10 the following:
374
‘‘SEC. 11. AVAILABILITY OF APPROPRIATIONS. 
‘‘Funds appropriated under this section may remain 
available until expended.’’. 
(k) LIMITATION ON APPLICATION.—This section and 
the amendments made by this section shall apply only to 
water resource development projects under the control of 
the Secretary of the Interior. 
SEC. 3703. RECREATIONAL FACILITIES AT LOST CREEK 
RESERVOIR. 
(a) CONSTRUCTION
OF FACILITIES.—As soon as 
practicable after funds are made available for this section, 
the Secretary of the Interior shall construct recreational 
facilities at Lost Creek Reservoir in Utah. 
(b) MAINTENANCE
AND OPERATION
OF FACILI-
TIES.—Construction of recreational facilities under sub-
section (a) shall begin only after the Secretary has entered 
into a cooperative agreement with the State of Utah that 
provides for the operation and maintenance of the rec-
reational facilities. 
(c) COST SHARING.—The Federal share of the cost 
of construction carried out under this section shall be 50 
percent. 
SEC. 3704. TECHNICAL CORRECTION. 
Section 1(g) of Public Law 107–69 (115 Stat. 595) 
is amended by striking ‘‘section 2(c)(1)’’ and inserting 
‘‘subsection (c)(1)’’.
375
SEC. 3705. AUTHORIZATION OF AUSTIN, TEXAS, WASTE-
WATER RECLAMATION AND REUSE PROJECT. 
(a) AUTHORIZATION OF PROJECT.—The Reclamation 
Wastewater and Groundwater Study and Facilities Act 
(Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND 
REUSE PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in coopera-
tion with the City of Austin Water and Wastewater Util-
ity, Texas, is authorized to participate in the planning (in-
cluding an appraisal and feasibility study), design, and 
construction of, and land acquisition for, a project to re-
claim and reuse wastewater, including degraded ground-
waters, within and outside of the service area of the City 
of Austin Water and Wastewater Utility, Texas. 
‘‘(b) COST SHARE.—The Federal share of the cost 
of the project authorized by this section shall not exceed 
25 percent of the total cost of the project. 
‘‘(c) LIMITATION.—The Secretary shall not provide 
funds for the operation and maintenance of the project 
authorized by this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 2 of Public Law 102–575 (106 Stat. 4600) is
376
amended by adding at the end of the items relating to 
chapter XVI the following:
‘‘Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.’’.
SEC. 
3706. 
WILLARD 
BAY 
RESERVOIR 
ENLARGEMENT 
STUDY. 
(a) AUTHORIZATION OF FEASIBILITY STUDY.—Pur-
suant to the reclamation laws, the Secretary of the Inte-
rior, through the Bureau of Reclamation, may conduct a 
feasibility study on raising the height of Arthur V. Wat-
kins Dam and thereby enlarging the Willard Bay Res-
ervoir for the development of additional storage to meet 
water supply needs within the Weber Basin Project area. 
The feasibility study shall include such environmental 
evaluation as required under the National Environmental 
Policy Act of 1969 and a cost allocation as required under 
the Reclamation Projects Act of 1939. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit a re-
port on the results of the study to the Congress for review 
and approval. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $2,000,000.
377
SEC. 3707. REAUTHORIZATION OF WATER DESALINATION 
ACT OF 1996. 
(a) AUTHORIZATION OF COOPERATIVE AND INTER-
AGENCY AGREEMENTS.—Section 3(a) of the Water De-
salination Act of 1996 (42 U.S.C. 10301 note) is amended 
in the first sentence by inserting ‘‘and cooperative and 
interagency agreements’’ after ‘‘contracts’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
8 of such Act is amended—
(1) in subsection (a) by striking ‘‘1997 through 
2002’’ and inserting ‘‘2003 through 2008’’; and 
(2) in subsection (b) by striking ‘‘$25,000,000 
for fiscal years 1997 through 2002’’ and inserting 
‘‘$25,000,000 for fiscal years 2003 through 2008’’.
TITLE VIII—MISCELLANEOUS 
SEC. 3801. MNI WICONI RURAL WATER SUPPLY PROJECT, 
SOUTH DAKOTA. 
Section 10(a) of the Mni Wiconi Project Act of 1988 
(Public Law 100–516; 102 Stat. 2571), as amended by 
section 813 of the Mni Wiconi Act Amendments of 1994 
(Public Law 103–434; 108 Stat. 4545), is amended—
(1) in the first sentence, by inserting ‘‘(based 
on October 1, 1992, price levels) and $58,800,000 
(based on October 1, 1997, price levels)’’ after 
‘‘$263,241,000’’;
378
(2) in the second sentence, by striking ‘‘2003’’ 
and inserting ‘‘2008’’; and 
(3) in the last sentence, by inserting ‘‘(with re-
spect to the $263,241,000), and October 1, 1997 
(with respect to the $58,800,000)’’ after ‘‘1992’’. 
SEC. 3802. COMPREHENSIVE STUDY OF THE RATHDRUM 
PRAIRIE/SPOKANE VALLEY AQUIFER. 
(a) IN GENERAL.—The Secretary of the Interior, in 
consultation with the State of Idaho and the State of 
Washington, shall conduct a comprehensive study of the 
Rathdrum Prairie/Spokane Valley Aquifer for the purpose 
of preparing a model of the aquifer and establishing for 
those States a mutually acceptable understanding of the 
aquifer as a ground water resource. 
(b) REPORT.—The Secretary shall submit to the Con-
gress a report on the findings and conclusions of the study 
by not later than 3 years after the date of the enactment 
of this Act. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For con-
ducting the study under this section there is authorized 
to be appropriated to the Secretary $3,500,000.
379
SEC. 3803. LOWER RIO GRANDE VALLEY WATER RE-
SOURCES 
CONSERVATION 
AND 
IMPROVE-
MENT. 
(a) AUTHORIZATION OF PROJECTS.—Section 4(a) of 
the Lower Rio Grande Valley Water Resources Conserva-
tion and Improvement Act of 2000 (Public Law 106–576; 
114 Stat. 3067) is amended by adding at the end the fol-
lowing: 
‘‘(5) In the United Irrigation District of Hi-
dalgo County, Texas, a pipeline and pumping system 
as identified in the Sigler, Winston, Greenwood, As-
sociates, Incorporated, study dated January 2001. 
‘‘(6) In the Cameron County, Texas, Irrigation 
District No. 2, proposed improvements to Canal C, 
as identified in the February 8, 2001, engineering 
report by Martin, Brown, and Perez. 
‘‘(7) In the Cameron County, Texas, Irrigation 
District No. 2, a proposed Canal C and Canal 13 
Inner Connect, as identified in the February 12, 
2001, engineering report by Martin, Brown, and 
Perez. 
‘‘(8) In Delta Lake Irrigation District of Hi-
dalgo and Willacy Counties, Texas, proposed water 
conservation projects, as identified by the AW Blair 
Engineering report of February 13, 2001.
380
‘‘(9) In the Hidalgo and Cameron County, 
Texas, Irrigation District No. 9, a proposed project 
to salvage spill water using automatic control of 
canal gates as identified in the AW Blair Engineer-
ing report dated February 14, 2001. 
‘‘(10) In the Brownsville Irrigation District of 
Cameron County, Texas, a proposed main canal re-
placement as outlined in the Holdar-Garcia & Asso-
ciates engineering report dated February 14, 2001. 
‘‘(11) In the Hidalgo County, Texas, Irrigation 
District No. 16, a proposed off-district pump station 
project as identified by the Melden & Hunt, Incor-
porated, engineering report dated February 14, 
2001. 
‘‘(12) In the Hidalgo County, Texas, Irrigation 
District No. 1, a proposed canal replacement of the 
North Branch East Main, as outlined in the Melden 
& Hunt, Incorporated, engineering analysis dated 
February, 2001. 
‘‘(13) In the Donna (Texas) Irrigation District, 
a proposed improvement project as identified by the 
Melden & Hunt, Incorporated, engineering analysis 
dated February 13, 2001. 
‘‘(14) In the Hudspeth County, Texas, Con-
servation and Reclamation District No. 1, the Alamo
381
Arroyo Pumping Plant water quality project as iden-
tified by the engineering report and drawings by 
Gebhard-Sarma and Associates dated July 1996 and 
the construction of a 1,000 acre-foot off-channel reg-
ulating reservoir for the capture and conservation of 
irrigation water, as identified in the engineering re-
port by AW Blair Engineering dated June 2002. 
‘‘(15) In the El Paso County, Texas, Water Im-
provement District No. 1, the Riverside Canal Im-
provement Project Phase I Reach A, a canal lining 
and water conservation project as identified by the 
engineering report by AW Blair Engineering dated 
June 2002. 
‘‘(16) In the Maverick County, Texas, Water 
Improvement and Control District No. 1, the con-
crete lining project of 12 miles of the Maverick Main 
Canal, identified in the engineering report by AW 
Blair Engineering dated June 2002. 
‘‘(17) In the Hidalgo County, Texas, Irrigation 
District No. 6, rehabilitation of 10.2 miles of con-
crete lining in the main canal between Lift Stations 
Nos. 2 and 3 as identified in the engineering report 
by AW Blair Engineering dated June 2002. 
‘‘(18) In the Hidalgo County, Texas, Irrigation 
District No. 2, Wisconsin Canal Improvements as
382
identified in the Sigler, Winston, Greenwood & Asso-
ciates, Incorporated, engineering report dated Feb-
ruary 2001. 
‘‘(19) In the Hidalgo County, Texas, Irrigation 
District No. 2, Lateral ‘A’ Canal Improvements as 
identified in the Sigler, Winston, Greenwood & Asso-
ciates, Incorporated, engineering report dated July 
25, 2001.’’. 
(b) AMENDMENTS TO THE LOWER RIO GRANDE VAL-
LEY WATER RESOURCES CONSERVATION AND IMPROVE-
MENT ACT
OF 2000.—The Lower Rio Grande Valley 
Water Resources Conservation and Improvement Act of 
2000 (Public Law 106–576; 114 Stat. 3065 et seq.) is 
further amended as follows: 
(1) Section 3(a) is amended in the first sen-
tence by striking ‘‘The Secretary’’ and all that fol-
lows through ‘‘in cooperation’’ and inserting ‘‘The 
Secretary, acting through the Bureau of Reclama-
tion, shall undertake a program under cooperative 
agreements’’. 
(2) Section 3(b) is amended to read as follows: 
‘‘(b) PROJECT REVIEW.—Project proposals shall be 
reviewed and evaluated under the guidelines set forth in 
the document published by the Bureau of Reclamation en-
titled ‘Guidelines for Preparing and Reviewing Proposals
383
for Water Conservation and Improvement Projects Under 
P.L. 106–576’, dated June 2001.’’. 
(3) Section 3(d) is amended by inserting before 
the period at the end the following: ‘‘, including op-
eration, maintenance, repair, and replacement’’. 
(4) Section 3(e) is amended by striking ‘‘the 
criteria established pursuant to this section’’ and in-
serting ‘‘the guidelines referred to in subsection 
(b)’’. 
(5) Subsection (f) of section 3 is amended by 
striking ‘‘to prepare’’ and all that follows through 
the end of the subsection and inserting ‘‘to have the 
Secretary prepare the reports required under this 
section. The Federal share of the cost of such prepa-
ration by the Secretary shall not exceed 50 percent 
of the total cost of such preparation.’’. 
(6) Section 3(g) is amended by striking 
‘‘$2,000,000’’ and inserting ‘‘$8,000,000’’. 
(7) Section 4(b) is amended—
(A) in the first sentence by striking ‘‘costs 
of any construction’’ and inserting ‘‘total 
project cost of any project’’; and 
(B) in the last sentence by inserting ‘‘the 
actual’’ before ‘‘funds’’.
384
(8) Section 4(c) is amended by striking 
‘‘$10,000,000’’ and inserting ‘‘$47,000,000 (2001 
dollars)’’.
SEC. 3804. AUTHORIZATION OF LAKEHAVEN, WASHINGTON, 
WASTEWATER 
RECLAMATION 
AND 
REUSE 
PROJECT. 
(a) AUTHORIZATION.—The Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public Law 
102–575, title XVI; 43 U.S.C. 390h et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 1635. LAKEHAVEN, WASHINGTON, WATER RECLAMA-
TION AND REUSE PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in coopera-
tion with the Lakehaven Utility District, Washington, is 
authorized to participate in the design, planning, and con-
struction of, and land acquisition for, a project to reclaim 
and reuse wastewater, including degraded groundwaters, 
within and outside of the service area of the Lakehaven 
Utility District. 
‘‘(b) COST SHARE.—The Federal share of the cost 
of the project authorized by this section shall not exceed 
25 percent of the total cost of the project. 
‘‘(c) LIMITATION.—The Secretary shall not provide 
funds for the operation and maintenance of the project 
authorized by this section.’’.
385
(b) CLERICAL AMENDMENT.—The table of sections 
in section 2 of such Act is amended by inserting after the 
item relating to section 1634 the following:
‘‘Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.’’.
SEC. 3805. TOM GREEN COUNTY WATER CONTROL AND IM-
PROVEMENT DISTRICT NO. 1; REPAYMENT 
PERIOD EXTENDED. 
The Secretary of the Interior may revise the repay-
ment contract with the Tom Green County Water Control 
and Improvement District No. 1 numbered 14–06–500–
369, by extending the period authorized for repayment of 
reimbursable constructions costs of the San Angelo project 
from 40 years to 50 years. 
SEC. 3806. SANTEE SIOUX TRIBE, NEBRASKA, WATER SYS-
TEM STUDY. 
(a) STUDY.—Pursuant to reclamation laws, the Sec-
retary of the Interior (hereafter in this section referred 
to as the ‘‘Secretary’’), through the Bureau of Reclama-
tion and in consultation with the Santee Sioux Tribe of 
Nebraska (hereafter in this section referred to as the 
‘‘Tribe’’), shall conduct a feasibility study to determine the 
most feasible method of developing a safe and adequate 
municipal, rural, and industrial water treatment and dis-
tribution system for the Santee Sioux Tribe of Nebraska 
that could serve the tribal community and adjacent com-
386
munities and incorporate population growth and economic 
development activities for a period of 40 years. 
(b) COOPERATIVE AGREEMENT.—At the request of 
the Tribe, the Secretary shall enter into a cooperative 
agreement with the Tribe for activities necessary to con-
duct the study required by subsection (a) regarding which 
the Tribe has unique expertise or knowledge. 
(c) REPORT.—Not later than 1 year after funds are 
made available to carry out this section, the Secretary 
shall transmit to Congress a report containing the results 
of the study required by subsection (a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $500,000 
to carry out this section. 
SEC. 3807. UPPER COLORADO RIVER FISH RECOVERY. 
Public Law 106–392 (114 Stat. 1602) is amended 
as follows: 
(1) Section 2(1) is amended by inserting ‘‘and 
extended by the Extension of the Cooperative Agree-
ment dated December 6, 2001,’’ after ‘‘September 
29, 1987,’’. 
(2) Section 3(a)(2) is amended by striking ‘‘fis-
cal year 2005’’ and inserting ‘‘fiscal year 2008’’. 
(3) Section 3(a)(3) is amended by striking ‘‘fis-
cal year 2007’’ and inserting ‘‘fiscal year 2008’’.
387
(4) Section 3(b) is amended—
(A) in paragraph (1) by striking ‘‘fiscal 
year 2005’’ and inserting ‘‘fiscal year 2008’’; 
and 
(B) in paragraph (2) by striking ‘‘fiscal 
year 2007’’ and inserting ‘‘fiscal year 2008’’. 
(5) Section 3(c)(1) is amended by striking 
‘‘with’’ and inserting ‘‘within’’.
SEC. 3808. INCREASE IN FEDERAL SHARE OF SAN GABRIEL 
BASIN DEMONSTRATION PROJECT. 
Section 1631(d)(2) of the Reclamation Projects Au-
thorization and Adjustment Act of 1992 (43 U.S.C. 390h–
13) is amended—
(1) by striking ‘‘In the case’’ and inserting ‘‘(A) 
Subject to subparagraph (B), in the case’’; and 
(2) by adding at the end the following: 
‘‘(B) In the case of the San Gabriel Basin demonstra-
tion project authorized by section 1614, the Federal share 
of the cost of such project may not exceed the sum deter-
mined by adding—
‘‘(i) the amount that applies to that project 
under subparagraph (A); and 
‘‘(ii) $12,500,000.’’.
388
DIVISION D—ENERGY AND 
MINERALS
SEC. 4101. REPEAL OF RESERVATION OF MINERAL RIGHTS, 
LIVINGSTON PARISH, LOUISIANA. 
(a) AMENDMENTS.—Section 102 of Public Law 102–
562 (106 Stat. 4234) is amended—
(1) by striking ‘‘(a) IN GENERAL.—’’; 
(2) by striking ‘‘and subject to the reservation 
in subsection (b),’’; and 
(3) by striking subsection (b). 
(b) IMPLEMENTATION OF AMENDMENT.—The Sec-
retary of the Interior shall execute the legal instruments 
necessary to effectuate the amendment made by sub-
section (a)(3). 
SEC. 4102. USE OF RECEIPTS FROM MINERAL LEASING AC-
TIVITIES ON CERTAIN NAVAL OIL SHALE RE-
SERVES. 
Section 7439 of title 10, United States Code, is 
amended—
(1) in subsection (f)(1), by striking the second 
sentence; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) USE OF RECEIPTS.—(1) The Secretary of the 
Interior may use, without further appropriation, not more
389
than $1,500,000 of the moneys covered into the Treasury 
under subsection (f)(1) to cover the cost of any additional 
analysis, site characterization, and geotechnical studies 
deemed necessary by the Secretary to support environ-
mental restoration, waste management, or environmental 
compliance with respect to Oil Shale Reserve Numbered 
3. Upon the completion of such studies, the Secretary of 
the Interior shall submit to Congress a report con-
taining—
‘‘(A) the results and conclusions of such stud-
ies; and 
‘‘(B) an estimate of the total cost of the Sec-
retary’s preferred alternative to address environ-
mental restoration, waste management, and environ-
mental compliance needs at Oil Shale Reserve Num-
bered 3. 
‘‘(2) If the cost estimate required by paragraph 
(1)(B) does not exceed the total of the moneys covered 
into the Treasury under subsection (f)(1) and remaining 
available for obligation as of the date of submission of the 
report under paragraph (1), the Secretary of the Interior 
may access such moneys, beginning 60 days after submis-
sion of the report and without further appropriation, to 
cover the costs of implementing the preferred alternative 
to address environmental restoration, waste management,
390
and environmental compliance needs at Oil Shale Reserve 
Numbered 3. If the cost estimate exceeds such available 
moneys, the Secretary of the Interior may only access such 
moneys as authorized by subsequent Act of Congress.’’. 
SEC. 4103. TREATMENT OF ABANDONED MINE RECLAMA-
TION FUND INTEREST. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any interest credited to the fund established 
by section 401 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1231) shall be trans-
ferred to the Combined Fund identified in section 
402(h)(2) of such Act (30 U.S.C. 1232(h)(2)), up to such 
amount as is estimated by the trustees of such Combined 
Fund to offset the amount of any deficit in net assets in 
the Combined Fund. 
(b) PROHIBITION ON OTHER TRANSFERS.—Except 
as provided in subsection (a), no principal amounts in or 
credited to the fund established by section 401 of the Sur-
face Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1231) may be transferred to the Combine Fund 
identified in section 402(h)(2) of such Act (30 U.S.C. 
1232(h)(2)). 
(c) LIMITATION.—This section shall cease to have 
any force and effect after September 30, 2004.
391
SEC. 4104. SENSE OF CONGRESS REGARDING FULL APPRO-
PRIATION 
OF 
THE 
STATE 
AND 
TRIBAL 
SHARES OF THE ABANDONED MINE REC-
LAMATION FUND. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Surface Mining Control and Reclama-
tion Act of 1977 (33 U.S.C. 1201 et seq.) created 
the Abandoned Mine Reclamation Fund capitalized 
with a reclamation fee assessed on every ton of do-
mestic coal production, for the purposes of pro-
tecting the environment by restoring lands and wa-
ters adversely affected by past mining practices. 
(2) Under the Act, each State and Indian tribe 
having a federally approved abandoned mine rec-
lamation program is to be allocated 50 percent of 
the reclamation fees collected in such State, or col-
lected with respect to Indian lands under the juris-
diction of such tribe, respectively, subject to appro-
priations. 
(3) By the end of March 2002, $6,400,000,000 
in reclamation fees had been deposited into the 
Abandoned Mine Reclamation Fund, but only 
$5,000,000,000 had been appropriated from the 
fund, 
leaving 
an 
unappropriated 
balance 
of 
$1,400,000,000.
392
(4) By the end of March 2002, the State and 
tribal share of the unappropriated balance in the 
Abandoned 
Mine 
Reclamation 
Fund 
was 
$876,000,000. 
(5) Of the unappropriated balance in the Aban-
doned Mine Reclamation Fund—
(A) the State of Alabama should have re-
ceived $15,000,000; 
(B) the State of Alaska should have re-
ceived $1,800,000; 
(C) the State of Arkansas should have re-
ceived $4,000; 
(D) the State of Colorado should have re-
ceived $19,300,000; 
(E) the State of Illinois should have re-
ceived $26,000,000; 
(F) the State of Iowa should have received 
$38,000; 
(G) the State of Kansas should have re-
ceived $393,000; 
(H) the State of Kentucky should have re-
ceived $109,800,000; 
(I) the State of Louisiana should have re-
ceived $1,100,000;
393
(J) the State of Maryland should have re-
ceived $2,600,000; 
(K) the State of Missouri should have re-
ceived $901,000; 
(L) the State of Montana should have re-
ceived $39,800,000; 
(M) the State of New Mexico should have 
received $18,200,200; 
(N) the State of North Dakota should have 
received $10,200,000; 
(O) the State of Ohio should have received 
$21,500,000; 
(P) the State of Oklahoma should have re-
ceived $1,900,000; 
(Q) the State of Pennsylvania should have 
received $51,600,000; 
(R) the State of Texas should have re-
ceived $17,300,000; 
(S) the State of Utah should have received 
$12,300,000; 
(T) the State of Virginia should have re-
ceived $23,200,000; 
(U) the State of West Virginia should have 
received $107,400,000;
394
(V) the State of Wyoming should have re-
ceived $323,900,000; 
(W) the Crow Tribe should have received 
$6,200,000; 
(X) the Hopi Tribe should have received 
$4,700,000; and 
(Y) the Navajo Tribe should have received 
$26,000,000. 
(6) Such States and tribes are being denied the 
use of the unappropriated balance in the Abandoned 
Mine Reclamation Fund for the benefit of their citi-
zenry and their environment. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Federal budget for fiscal year 2004 should 
keep faith with the goals of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) 
by providing to eligible States and Indian tribes their law-
ful share of the unappropriated balance in the Abandoned 
Mine Reclamation Fund so that they may further protect 
and enhance the environments of their States and tribal 
lands.
395
DIVISION 
E—WILDLIFE 
CON-
SERVATION 
AND 
SOUND 
OCEANS 
FISHERY 
MANAGE-
MENT 
TITLE 
I—MARINE 
FISHERIES 
CONSERVATION 
AND 
MAN-
AGEMENT. 
Subtitle A—Pacific Salmon Habitat 
Restoration Grants 
SEC. 5001. SHORT TITLE. 
This title may be cited as the ‘‘Pacific Salmon Recov-
ery Act’’. 
SEC. 5002. SALMON CONSERVATION AND SALMON HABITAT 
RESTORATION ASSISTANCE. 
(a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub-
ject to the availability of appropriations, the Secretary of 
Commerce shall provide financial assistance in accordance 
with this title to qualified States and qualified tribal gov-
ernments for salmon conservation and salmon habitat res-
toration activities. 
(b) ALLOCATION.—Of the amounts available to pro-
vide assistance under this section each fiscal year (after 
the application of section 5003(g)), the Secretary—
(1) shall allocate 85 percent among qualified 
States, in equal amounts; and
396
(2) shall allocate 15 percent among qualified 
tribal governments, in amounts determined by the 
Secretary. 
(c) TRANSFER.—
(1) IN GENERAL.—The Secretary shall prompt-
ly transfer—
(A) to a qualified State that has submitted 
a Conservation and Restoration Plan under sec-
tion 5003(a) amounts allocated to the qualified 
State under subsection (b)(1) of this section, 
unless the Secretary determines, within 30 days 
after the submittal of the plan to the Secretary, 
that the plan is inconsistent with the require-
ments of this title; and 
(B) to a qualified tribal government that 
has entered into a memorandum of under-
standing with the Secretary under section 
5003(b) amounts allocated to the qualified trib-
al government under subsection (b)(2) of this 
section. 
(2) TRANSFERS TO QUALIFIED STATES.—The 
Secretary shall make the transfer under paragraph 
(1)(A)—
397
(A) to the Washington State Salmon Re-
covery Board, in the case of amounts allocated 
to Washington; 
(B) to the Oregon State Watershed En-
hancement Board, in the case of amounts allo-
cated to Oregon; 
(C) to the California Department of Fish 
and Game for the California Coastal Salmon 
Recovery Program, in the case of amounts allo-
cated to California; 
(D) to the Governor of Alaska, in the case 
of amounts allocated to Alaska; and 
(E) to the Office of Species Conservation, 
in the case of amounts allocated to Idaho. 
(d) REALLOCATION.—
(1) 
AMOUNTS
ALLOCATED
TO
QUALIFIED 
STATES.—Amounts that are allocated to a qualified 
State for a fiscal year shall be reallocated under sub-
section (b)(1) among the other qualified States, if—
(A) the qualified State has not submitted 
a plan in accordance with section 5003(a) as of 
the end of the fiscal year; or 
(B) the amounts remain unobligated at the 
end of the subsequent fiscal year.
398
(2) AMOUNTS ALLOCATED TO QUALIFIED TRIB-
AL GOVERNMENTS.—Amounts that are allocated to a 
qualified tribal government for a fiscal year shall be 
reallocated under subsection (b)(2) among the other 
qualified tribal governments, if the qualified tribal 
government has not entered into a memorandum of 
understanding with the Secretary in accordance with 
section 5003(b) as of the end of the fiscal year. 
SEC. 5003. RECEIPT AND USE OF ASSISTANCE. 
(a) QUALIFIED STATE SALMON CONSERVATION AND 
RESTORATION PLAN.—
(1) IN GENERAL.—To receive assistance under 
this title, a qualified State shall develop and submit 
to the Secretary a Salmon Conservation and Salmon 
Habitat Restoration Plan. 
(2) CONTENTS.—Each Salmon Conservation 
and Salmon Restoration Plan shall, at a minimum—
(A) be consistent with other applicable 
Federal laws; 
(B) be consistent with the goal of salmon 
recovery; 
(C) except as provided in subparagraph 
(D), give priority to use of assistance under this 
section for projects that—
399
(i) provide a direct and demonstrable 
benefit to salmon or their habitat; 
(ii) provide the greatest benefit to 
salmon conservation and salmon habitat 
restoration relative to the cost of the 
projects; and 
(iii) conserve, and restore habitat, 
for—
(I) salmon that are listed as en-
dangered species or threatened spe-
cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); or 
(II) salmon that are given special 
protection under the laws or regula-
tions of the qualified State; 
(D) in the case of a plan submitted by a 
qualified State in which, as of the date of the 
enactment of this Act, there is no area at which 
a salmon species referred to in subparagraph 
(C)(iii)(I) spawns—
(i) give priority to use of assistance 
for projects referred to in subparagraph 
(C)(i) and (ii) that contribute to proactive
400
programs to conserve and enhance species 
of salmon that intermingle with, or are 
otherwise related to, species referred to in 
subparagraph (C)(iii)(I), which may in-
clude (among other matters)—
(I) salmon-related research, data 
collection, and monitoring; 
(II) salmon supplementation and 
enhancement; 
(III) salmon habitat restoration; 
(IV) increasing economic oppor-
tunities for salmon fishermen; and 
(V) national and international co-
operative habitat programs; and 
(ii) provide for revision of the plan 
within one year after any date on which 
any salmon species that spawns in the 
qualified State is listed as an endangered 
species or threatened species, proposed for 
such listing, or a candidate for such list-
ing, under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(E) establish specific goals and timelines 
for activities funded with such assistance;
401
(F) include measurable criteria by which 
such activities may be evaluated; 
(G) require that activities carried out with 
such assistance shall—
(i) be scientifically based; 
(ii) be cost effective; 
(iii) not be conducted on private land 
except with the consent of the owner of the 
land; and 
(iv) contribute to the conservation and 
recovery of salmon; 
(H) require that the qualified State main-
tain its aggregate expenditures of funds from 
non-Federal sources for salmon habitat restora-
tion programs at or above the average level of 
such expenditures in the 2 fiscal years pre-
ceding the date of the enactment of this Act; 
and 
(I) ensure that activities funded under this 
title are conducted in a manner in which, and 
in areas where, the State has determined that 
they will have long-term benefits. 
(3) SOLICITATION
OF
COMMENTS.—In pre-
paring a plan under this subsection a qualified State
402
shall seek comments on the plan from local govern-
ments in the qualified State. 
(b) TRIBAL MOU WITH SECRETARY.—
(1) IN GENERAL.—To receive assistance under 
this title, a qualified tribal government shall enter 
into a memorandum of understanding with the Sec-
retary regarding use of the assistance. 
(2) CONTENTS.—Each memorandum of under-
standing shall, at a minimum—
(A) be consistent with other applicable 
Federal laws; 
(B) be consistent with the goal of salmon 
recovery; 
(C) give priority to use of assistance under 
this title for activities that—
(i) provide a direct and demonstrable 
benefit to salmon or their habitat; 
(ii) provide the greatest benefit to 
salmon conservation and salmon habitat 
restoration relative to the cost of the 
projects; and 
(iii) conserve, and restore habitat, 
for—
(I) salmon that are listed as en-
dangered species or threatened spe-
403
cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); or 
(II) salmon that are given special 
protection under the ordinances or 
regulations of the qualified tribal gov-
ernment; 
(D) in the case of a memorandum of un-
derstanding entered into by a qualified tribal 
government for an area in which, as of the date 
of the enactment of this Act, there is no area 
at which a salmon species that is referred to in 
subparagraph (C)(iii)(I) spawns—
(i) give priority to use of assistance 
for projects referred to in subparagraph 
(C)(i) and (ii) that contribute to proactive 
programs 
described 
in 
subsection 
(a)(2)(D)(i); 
(ii) include a requirement that the 
memorandum shall be revised within 1 
year after any date on which any salmon 
species that spawns in the area is listed as 
an endangered species or threatened spe-
cies, proposed for such listing, or a can-
404
didate for such listing, under the Endan-
gered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(E) establish specific goals and timelines 
for activities funded with such assistance; 
(F) include measurable criteria by which 
such activities may be evaluated; 
(G) establish specific requirements for re-
porting to the Secretary by the qualified tribal 
government; 
(H) require that activities carried out with 
such assistance shall—
(i) be scientifically based; 
(ii) be cost effective; 
(iii) not be conducted on private land 
except with the consent of the owner of the 
land; and 
(iv) contribute to the conservation or 
recovery of salmon; and 
(I) require that the qualified tribal govern-
ment maintain its aggregate expenditures of 
funds from non-Federal sources for salmon 
habitat restoration programs at or above the 
average level of such expenditures in the 2 fis-
405
cal years preceding the date of the enactment 
of this Act. 
(c) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Assistance under this title 
may be used by a qualified State in accordance with 
a plan submitted by the State under subsection (a), 
or by a qualified tribal government in accordance 
with a memorandum of understanding entered into 
by the government under subsection (b), to carry out 
or make grants to carry out, among other activities, 
the following: 
(A) Watershed evaluation, assessment, and 
planning necessary to develop a site-specific and 
clearly prioritized plan to implement watershed 
improvements, including for making multi-year 
grants. 
(B) Salmon-related research, data collec-
tion, and monitoring, salmon supplementation 
and enhancement, and salmon habitat restora-
tion. 
(C) 
Maintenance 
and 
monitoring 
of 
projects completed with such assistance. 
(D) Technical training and education 
projects, including teaching private landowners 
about practical means of improving land and
406
water management practices to contribute to 
the conservation and restoration of salmon 
habitat. 
(E) Other activities related to salmon con-
servation and salmon habitat restoration. 
(2) 
USE
FOR
LOCAL
AND
REGIONAL 
PROJECTS.—Funds allocated to qualified States 
under this title shall be used for local and regional 
projects. 
(d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE 
OF JURISDICTION OF RECIPIENT.—Assistance under this 
section provided to a qualified State or qualified tribal 
government may be used for activities conducted outside 
the areas under its jurisdiction if the activity will provide 
conservation benefits to naturally produced salmon in 
streams of concern to the qualified State or qualified tribal 
government, respectively. 
(e) COST SHARING BY QUALIFIED STATES.—
(1) IN
GENERAL.—A qualified State shall 
match, in the aggregate, the amount of any financial 
assistance provided to the qualified State for a fiscal 
year under this title, in the form of monetary con-
tributions or in-kind contributions of services for 
projects carried out with such assistance. For pur-
poses of this paragraph, monetary contributions by
407
the State shall not be considered to include funds re-
ceived from other Federal sources. 
(2) LIMITATION ON REQUIRING MATCHING FOR 
EACH PROJECT.—The Secretary may not require a 
qualified State to provide matching funds for each 
project carried out with assistance under this title. 
(3) TREATMENT
OF
MONETARY
CONTRIBU-
TIONS.—For purposes of subsection (a)(2)(H), the 
amount of monetary contributions by a qualified 
State under this subsection shall be treated as ex-
penditures from non-Federal sources for salmon con-
servation and salmon habitat restoration programs. 
(f) COORDINATION OF ACTIVITIES.—
(1) IN
GENERAL.—Each qualified State and 
each qualified tribal government receiving assistance 
under this title is encouraged to carefully coordinate 
salmon conservation activities of its agencies to 
eliminate duplicative and overlapping activities. 
(2) CONSULTATION.—Each qualified State and 
qualified tribal government receiving assistance 
under this title shall consult with the Secretary to 
ensure there is no duplication in projects funded 
under this title. 
(g) LIMITATION ON ADMINISTRATIVE EXPENSES.—
408
(1) FEDERAL ADMINISTRATIVE EXPENSES.—Of 
the amount made available under this title each fis-
cal year, not more than 1 percent may be used by 
the Secretary for administrative expenses incurred in 
carrying out this title. 
(2) STATE AND TRIBAL ADMINISTRATIVE EX-
PENSES.—Of the amount allocated under this title 
to a qualified State or qualified tribal government 
each fiscal year, not more than 3 percent may be 
used by the qualified State or qualified tribal gov-
ernment, respectively, for administrative expenses in-
curred in carrying out this title. 
SEC. 5004. PUBLIC PARTICIPATION. 
(a) QUALIFIED STATE GOVERNMENTS.—Each quali-
fied State seeking assistance under this title shall establish 
a citizens advisory committee or provide another similar 
forum for local governments and the public to participate 
in obtaining and using the assistance. 
(b) 
QUALIFIED
TRIBAL
GOVERNMENTS.—Each 
qualified tribal government receiving assistance under this 
title shall hold public meetings to receive recommendations 
on the use of the assistance. 
SEC. 5005. CONSULTATION NOT REQUIRED. 
Consultation under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be
409
required based solely on the provision of financial assist-
ance under this title. 
SEC. 5006. REPORTS. 
(a) QUALIFIED STATES.—Each qualified State shall, 
by not later than December 31 of each year, submit to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Resources of the 
House of Representatives an annual report on the use of 
financial assistance received by the qualified State under 
this title. The report shall contain an evaluation of the 
success of this title in meeting the criteria listed in section 
5003(a)(2). 
(b) SECRETARY.—
(1) ANNUAL
REPORT
REGARDING
QUALIFIED 
TRIBAL GOVERNMENTS.—The Secretary shall, by not 
later than December 31 of each year, submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Re-
sources of the House of Representatives an annual 
report on the use of financial assistance received by 
qualified tribal governments under this title. The re-
port shall contain an evaluation of the success of 
this title in meeting the criteria listed in section 
5003(b)(2).
410
(2) BIANNUAL REPORT.—The Secretary shall, 
by not later than December 31 of the second year 
in which amounts are available to carry out this 
title, and of every second year thereafter, submit to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Re-
sources of the House of Representatives a biannual 
report on the use of funds allocated to qualified 
States under this title. The report shall review pro-
grams funded by the States and evaluate the success 
of this title in meeting the criteria listed in section 
5003(a)(2). 
SEC. 5007. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(2) QUALIFIED
STATE.—The term ‘‘qualified 
State’’ means each of the States of Alaska, Wash-
ington, Oregon, California, and Idaho. 
(3) QUALIFIED
TRIBAL
GOVERNMENT.—The 
term ‘‘qualified tribal government’’ means—
(A) a tribal government of an Indian tribe 
in Washington, Oregon, California, or Idaho
411
that the Secretary of Commerce, in consultation 
with the Secretary of the Interior, determines—
(i) is involved in salmon management 
and recovery activities under the Endan-
gered Species Act of 1973 (16 U.S.C. 
1531 et seq.); and 
(ii) has the management and organi-
zational capability to maximize the benefits 
of assistance provided under this title; and 
(B) a village corporation as defined in or 
established pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.) 
that the Secretary of Commerce, in consultation 
with the Secretary of the Interior, determines—
(i) is involved in salmon conservation 
and management; and 
(ii) has the management and organi-
zational capability to maximize the benefits 
of assistance provided under this title. 
(4) SALMON.—The term ‘‘salmon’’ means any 
naturally produced salmon or naturally produced 
trout of the following species: 
(A) Coho salmon (oncorhynchus kisutch). 
(B) 
Chinook 
salmon 
(oncorhynchus 
tshawytscha).
412
(C) Chum salmon (oncorhynchus keta). 
(D) 
Pink 
salmon 
(oncorhynchus 
gorbuscha). 
(E) Sockeye salmon (oncorhynchus nerka). 
(F) 
Steelhead 
trout 
(oncorhynchus 
mykiss). 
(G) Sea-run cutthroat trout (oncorhynchus 
clarki clarki). 
(H) For purposes of application of this 
title in Oregon—
(i) 
Lahontan 
cutthroat 
trout 
(oncorhnychus clarki henshawi); and 
(ii) Bull trout (salvelinus confluentus). 
(I) For purposes of application of this title 
in Washington and Idaho, Bull trout (salvelinus 
confluentus). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
SEC. 5008. REPORT REGARDING TREATMENT OF INTER-
NATIONAL 
FISHERY 
COMMISSION 
PEN-
SIONERS. 
The President shall—
(1) determine the number of United States citi-
zens who—
413
(A) served as employees of the Inter-
national Pacific Salmon Fisheries Commission 
or the International North Pacific Fisheries 
Commission; and 
(B) worked in Canada in the course of em-
ployment with that commission; 
(2) calculate for each such employee the dif-
ference between—
(A) the value, in United States currency, 
of the annuity payments made and to be made 
(determined by an actuarial valuation) by or on 
behalf of each such commission to the em-
ployee; and 
(B) the value, in Canadian currency, of 
such annuity payments; and 
(3) by not later than September 1, 2003, sub-
mit to the Committee on Resources of the House of 
Representatives and the Committee on Commerce, 
Science and Transportation of the Senate a report 
on the determinations and calculations made under 
paragraphs (1) and (2). 
SEC. 5009. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$200,000,000 for each of the fiscal years 2002, 2003, and
414
2004 to carry out this Act. Funds appropriated under this 
section may remain until expended. 
SEC. 5010. SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE. 
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT 
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial 
assistance provided under this title, it is the sense of the 
Congress that entities receiving such assistance should, in 
expending the assistance, purchase only equipment and 
products made in the United States. 
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In 
providing financial assistance under this title, the Sec-
retary shall provide to each recipient of the assistance a 
notice describing the statement made in subsection (a) by 
the Congress. 
(c) REPORT.—Any entity that receives funds under 
this title shall report any expenditures of such funds on 
items made outside of the United States to the Congress 
within 180 days of the expenditure. 
SEC. 5011. SENSE OF THE CONGRESS REGARDING BIPAR-
TISAN JULY 2000 GOALS. 
It is the sense of the Congress that the Congress sup-
ports the bipartisan July 2000 goals, objectives, and rec-
ommendations of the Governors of Idaho, Montana, Or-
415
egon and Washington to protect and restore salmon and 
other aquatic species to sustainable and harvestable levels 
while meeting the requirements of the Endangered Species 
Act of 1973, the Clean Water Act, the Pacific Northwest 
Electric Power Planning and Conservation Act, tribal 
treaty rights, and executive orders and while taking into 
account the need to preserve a sound economy in Alaska, 
California, Idaho, Montana, Oregon, and Washington. 
SEC. 5012. REPORT ON EFFECTS ON PACIFIC SALMON 
STOCKS OF CERTAIN TIMBER HARVESTING 
IN CANADA. 
The Secretary, in conjunction with other Federal 
agencies, shall by not later than December 31 of each year 
report to the Congress to the best of the ability of the 
Secretary regarding the effects on Pacific Salmon stocks 
of timber harvesting on publicly owned lands in British 
Columbia.
Subtitle B—Various Fisheries 
Conservation Reauthorizations
SEC. 5021. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fisheries Con-
servation Act of 2002’’.
416
SEC. 5022. REAUTHORIZATION AND AMENDMENT OF THE 
INTERJURISDICTIONAL FISHERIES ACT OF 
1986. 
(a) REAUTHORIZATION.—Section 308 of the Inter-
jurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is 
amended—
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) GENERAL APPROPRIATIONS.—There are author-
ized to be appropriated to the Department of Commerce 
for apportionment to carry out the purposes of this title—
‘‘(1) $4,900,000 for fiscal year 2002; 
‘‘(2) $5,400,000 for each of fiscal years 2003 
and 2004; and 
‘‘(3) $5,900,000 for each of fiscal years 2005 
and 2006.’’; and 
(2) in subsection (c) by striking ‘‘$700,000 for 
fiscal year 1997, and $750,000 for each of the fiscal 
years 1998, 1999, and 2000’’ and inserting 
‘‘$800,000 for fiscal year 2002, $850,000 for each 
of fiscal years 2003 and 2004, and $900,000 for 
each of fiscal years 2005 and 2006’’. 
(b) PURPOSES OF THE INTERJURISDICTIONAL FISH-
ERIES ACT OF 1986.—Section 302 of the Interjurisdic-
tional Fisheries Act of 1986 (16 U.S.C. 4101) is amended 
by striking ‘‘and’’ after the semicolon at the end of para-
417
graph (1), striking the period at the end of paragraph (2) 
and inserting ‘‘; and’’, and adding at the end the following: 
‘‘(3) to promote and encourage research in 
preparation for the implementation of the use of eco-
systems and interspecies approaches to the conserva-
tion and management of interjurisdictional fishery 
resources throughout their range.’’. 
SEC. 5023. REAUTHORIZATION AND AMENDMENT OF THE 
ANADROMOUS FISH CONSERVATION ACT. 
(a) REAUTHORIZATION.—Section 4 of the Anad-
romous Fish Conservation Act (16 U.S.C. 757d) is 
amended to read as follows: 
‘‘AUTHORIZATION OF APPROPRIATIONS 
‘‘SEC. 4. (a)(1) There are authorized to be appro-
priated to carry out the purposes of this Act not to exceed 
the following sums: 
‘‘(A) $4,500,000 for fiscal year 2002; 
‘‘(B) $4,750,000 for each of fiscal years 2003 
and 2004; and 
‘‘(C) $5,000,000 for each of fiscal years 2005 
and 2006. 
‘‘(2) Sums appropriated under this subsection are au-
thorized to remain available until expended. 
‘‘(b) Not more than $625,000 of the funds appro-
priated under this section in any one fiscal year shall be 
obligated in any one State.’’.
418
(b) RESEARCH ON AND USE OF ECOSYSTEMS AND 
INTERSPECIES
APPROACHES
TO
CONSERVATION
AND 
MANAGEMENT.—The first section of the Anadromous 
Fish Conservation Act (16 U.S.C. 757a) is amended in 
subsection (b) by inserting ‘‘(1)’’ after ‘‘(b)’’, and by add-
ing at the end the following: 
‘‘(2) In carrying out responsibilities under this sec-
tion, the Secretary shall conduct, promote, and encourage 
research in preparation for the implementation of the use 
of ecosystems and interspecies approaches to the conserva-
tion and management of anadromous and Great Lakes 
fishery resources.’’. 
SEC. 5024. REAUTHORIZATION OF THE ATLANTIC STRIPED 
BASS CONSERVATION ACT. 
Section 7(a) of the Atlantic Striped Bass Conserva-
tion Act (16 U.S.C. 1851 note) is amended by striking 
‘‘and 2003’’ and inserting ‘‘2003, 2004, 2005, and 2006’’. 
SEC. 5025. REAUTHORIZATION AND AMENDMENT OF THE 
ATLANTIC COASTAL FISHERIES COOPERA-
TIVE MANAGEMENT ACT. 
(a) REAUTHORIZATION.—Section 811(a) of the At-
lantic Coastal Fisheries Cooperative Management Act (16 
U.S.C. 5108) is amended by striking ‘‘2005’’ and insert-
ing ‘‘2006’’.