350
tional Park Service. Such proceeds shall be deposited
into the special fund established for maintenance
and operation of quarters.
(19) DEFINITIONS.—For purposes of this sub-
section:
(A) The term ‘‘field employee’’ means—
(i) an employee of the National Park
Service who is exclusively assigned by the
National Park Service to perform duties at
a field unit, and the members of their fam-
ily; and
(ii) other individuals who are author-
ized to occupy Government quarters under
section 5911 of title 5, United States
Code, and for whom there is no feasible al-
ternative to the provision of Government
housing, and the members of their family.
(B) The term ‘‘land management agency’’
means the National Park Service, Department
of the Interior.
(C) The term ‘‘primary resource values’’
means resources which are specifically men-
tioned in the enabling legislation for that field
unit or other resource value recognized under
Federal statute.
351
(D) The term ‘‘quarters’’ means quarters
owned or leased by the Government.
(E) The term ‘‘seasonal quarters’’ means
quarters typically occupied by field employees
who are hired on assignments of 6 months or
less.
(b) MINOR BOUNDARY REVISION AUTHORITY.—Sec-
tion 7(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–9(c)) is amended as follows:
(1) In the first sentence, by striking ‘‘Commit-
tee on Natural’’ and inserting ‘‘Committee on’’.
(2)(A) By striking ‘‘: Provided, however,’’ and
all that follows through ‘‘1965’’; and
(B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by in-
serting at the end the following:
‘‘(2) For the purposes of clause (i) of paragraph (1),
in all cases except the case of technical boundary revisions
(resulting from such causes as survey error or changed
road alignments), the authority of the Secretary under
such clause (i) shall apply only if each of the following
conditions is met:
‘‘(A) The sum of the total acreage of lands, wa-
ters, and interests therein to be added to the area
and the total such acreage to be deleted from the
area is not more than 5 percent of the total Federal
352
acreage authorized to be included in the area and is
less than 200 acres in size.
‘‘(B) The acquisition, if any, is not a major
Federal action significantly affecting the quality of
the human environment, as determined by the Sec-
retary.
‘‘(C) The sum of the total appraised value of
the lands, water, and interest therein to be added to
the area and the total appraised value of the lands,
waters, and interests therein to be deleted from the
area does not exceed $750,000.
‘‘(D) The proposed boundary revision is not an
element of a more comprehensive boundary modifica-
tion proposal.
‘‘(E) The proposed boundary has been subject
to a public review and comment period.
‘‘(F) The Director of the National Park Service
obtains written consent for the boundary modifica-
tion from all property owners whose lands, water, or
interests therein, or a portion of whose lands, water,
or interests therein, will be added to or deleted from
the area by the boundary modification.
‘‘(G) The lands are adjacent to other Federal
lands administered by the Director of the National
Park Service.
353
Minor boundary revisions involving only deletions of acre-
age owned by the Federal Government and administered
by the National Park Service may be made only by Act
of Congress.’’.
(c) AUTHORIZATION FOR PARK FACILITIES TO BE
LOCATED OUTSIDE THE BOUNDARIES OF ZION NATIONAL
PARK.—In order to facilitate the administration of Zion
National Park, the Secretary of the Interior is authorized,
under such terms and conditions as he may deem advis-
able, to expend donated or appropriated funds for the es-
tablishment of essential facilities for park administration
and visitor use outside the boundaries, but within the vi-
cinity, of the park. Such facilities and the use thereof shall
be in conformity with approved plans for the park. The
Secretary shall use existing facilities wherever feasible.
Such facilities may only be constructed by the Secretary
upon a finding that the location of such facilities would—
(1) avoid undue degradation of natural or cul-
tural resources within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Govern-
ment.
The Secretary is authorized to enter into cooperative
agreements with State or local governments or private en-
tities to undertake the authority granted under this sub-
354
section. The Secretary is encouraged to identify and utilize
funding sources to supplement any Federal funding used
for these facilities.
(d) ELIMINATION
OF
UNNECESSARY
CONGRES-
SIONAL REPORTING REQUIREMENTS.—
(1) REPEALS.—The following provisions are
hereby repealed:
(A) Section 302(c) of the Act entitled ‘‘An
Act to authorize the establishment of the Chat-
tahoochee River National Recreation Area in
the State of Georgia, and for other purposes’’
(Public Law 95–344; 92 Stat. 478; 16 U.S.C.
2302(c)).
(B) Section 503 of the Act of December
19, 1980 (Public Law 96–550; 94 Stat. 3228;
16 U.S.C. 410ii–2).
(C) Subsections (b) and (c) of section 4 of
the Act of October 15, 1982 (Public Law 97–
335; 96 Stat. 1628; 16 U.S.C. 341 note).
(D) Section 7 of Public Law 89–671 (96
Stat. 1457; 16 U.S.C. 284f).
(E) Section 3(c) of the National Trails
System Act (Public Law 90–543; 82 Stat. 919;
16 U.S.C. 1242(c)).
355
(F) Section 4(b) of the Act of October 24,
1984 (Public Law 98–540; 98 Stat. 2720; 16
U.S.C. 1a–8).
(G) Section 106(b) of the National Visitor
Center Facilities Act of 1968 (Public Law 90–
264; 82 Stat. 44; 40 U.S.C. 805(b)).
(H) Section 6(f)(7) of the Act of Septem-
ber 3, 1964 (Public Law 88–578; 78 Stat. 900;
16 U.S.C. 460l–8(f)(7)).
(I) Subsection (b) of section 8 of the Act
of August 18, 1970 (Public Law 91–383; 90
Stat. 1940; 16 U.S.C. 1a–5(b)).
(J) The last sentence of section 10(a)(2) of
the National Trails System Act (Public Law
90–543; 82 Stat. 926; 16 U.S.C. 1249(a)(2)).
(K) Section 4 of the Act of October 31,
1988 (Public Law 100–573; 102 Stat. 2891; 16
U.S.C. 460o note).
(L) Section 104(b) of the Act of November
19, 1988 (Public Law 100–698; 102 Stat.
4621).
(M) Section 1015(b) of the Urban Park
and Recreation Recovery Act of 1978 (Public
Law 95–625; 92 Stat. 3544; 16 U.S.C.
2514(b)).
356
(N) Section 105 of the Act of August 13,
1970 (Public Law 91–378; 16 U.S.C. 1705).
(O) Section 307(b) of the National His-
toric Preservation Act (Public Law 89–665; 16
U.S.C. 470w–6(b)).
(2) AMENDMENTS.—The following provisions
are amended:
(A) Section 10 of the Archaeological Re-
sources Protection Act of 1979, by striking the
last sentence of subsection (c) (Public Law 96–
95; 16 U.S.C. 470ii(c)).
(B) Section 5(c) of the Act of June 27,
1960 (Public Law 86–523; 16 U.S.C. 469a–
3(c); 74 Stat. 220), by inserting a period after
‘‘Act’’ and striking ‘‘and shall submit’’ and all
that follows.
(C) Section 7(a)(3) of the Act of Septem-
ber 3, 1964 (Public Law 88–578; 78 Stat. 903;
16 U.S.C. 460l–9(a)(3)), by striking the last
sentence.
(D) Section 111 of the Petroglyph Na-
tional Monument Establishment Act of 1990
(Public Law 101–313; 104 Stat. 278), by strik-
ing the second sentence.
357
(E) Section 307(a) of the National His-
toric Preservation Act (Public Law 89–665; 16
U.S.C. 470w–6(a)) is amended by striking the
first and second sentences.
(F) Section 101(a)(1)(B) of the National
Historic Preservation Act (Public Law 89–665;
16 U.S.C. 470(a) by inserting a period after
‘‘Register’’ the last place such term appears
and by striking ‘‘and submitted’’ and all that
follows.
(e) SENATE CONFIRMATION OF THE DIRECTOR OF
THE NATIONAL PARK SERVICE.—
(1) IN GENERAL.—The first section of the Act
entitled ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1; commonly referred
to as the ‘‘National Park Service Organic Act’’), is
amended in the first sentence by striking ‘‘who shall
be appointed by the Secretary’’ and all that follows
and inserting ‘‘who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The Director shall have substantial experience
and demonstrated competence in land management
and natural or cultural resource conservation. The
Director shall select two Deputy Directors. The first
358
Deputy Director shall have responsibility for Na-
tional Park Service operations, and the second Dep-
uty Director shall have responsibility for other pro-
grams assigned to the National Park Service.’’.
(2) EFFECTIVE DATE AND APPLICATION.—The
amendment made by subsection (a) shall take effect
on February 1, 1997, and shall apply with respect
to the individual (if any) serving as the Director of
the National Park Service on that date.
(f) NATIONAL PARK SYSTEM ADVISORY BOARD AU-
THORIZATION.—
(1) 
NATIONAL
PARK
SYSTEM
ADVISORY
BOARD.—Section 3 of the Act of August 21, 1935
(49 Stat. 667; 16 U.S.C. 463) is amended as fol-
lows:
(A) In subsection (a) by striking the first
3 sentences and inserting in lieu thereof:
‘‘There is hereby established a National Park
System Advisory Board, whose purpose shall be
to advise the Director of the National Park
Service on matters relating to the National
Park Service, the National Park System, and
programs administered by the National Park
Service. The Board shall advise the Director on
matters submitted to the Board by the Director
359
as well as any other issues identified by the
Board. Members of the Board shall be ap-
pointed on a staggered term basis by the Sec-
retary for a term not to exceed 4 years and
shall serve at the pleasure of the Secretary. The
Board shall be comprised of no more than 12
persons, appointed from among citizens of the
United States having a demonstrated commit-
ment to the mission of the National Park Serv-
ice. Board members shall be selected to rep-
resent various geographic regions, including
each of the administrative regions of the Na-
tional Park Service. At least 6 of the members
shall have outstanding expertise in one or more
of the following fields: history, archeology, an-
thropology, historical or landscape architecture,
biology, ecology, geology, marine science, or so-
cial science. At least 4 of the members shall
have outstanding expertise and prior experience
in the management of national or State parks
or protected areas, or national or cultural re-
sources management. The remaining members
shall have outstanding expertise in one or more
of the areas described above or in another pro-
fessional or scientific discipline, such as finan-
360
cial management, recreation use management,
land use planning or business management, im-
portant to the mission of the National Park
Service. At least one individual shall be a locally
elected official from an area adjacent to a park.
The Board shall hold its first meeting by no
later than 60 days after the date on which all
members of the Advisory Board who are to be
appointed have been appointed. Any vacancy in
the Board shall not affect its powers, but shall
be filled in the same manner in which the origi-
nal appointment was made. The Board may
adopt such rules as may be necessary to estab-
lish its procedures and to govern the manner of
its operations, organization, and personnel. All
members of the Board shall be reimbursed for
travel and per diem in lieu of subsistence ex-
penses during the performance of duties of the
Board while away from home or their regular
place of business, in accordance with sub-
chapter 1 of chapter 57 of title 5, United States
Code. With the exception of travel and per diem
as noted above, a member of the Board who is
otherwise an officer or employee of the United
361
States Government shall serve on the Board
without additional compensation.’’.
(B) By redesignating subsections (b) and
(c) as (f) and (g) and by striking from the first
sentence of subsection (f), as so redesignated
‘‘1995’’ and inserting in lieu thereof ‘‘2006’’.
(C) By adding the following new sub-
sections after subsection (a):
‘‘(b)(1) The Secretary is authorized to hire 2 full-
time staffers to meet the needs of the Advisory Board.
‘‘(2) Service of an individual as a member of the
Board shall not be considered as service or employment
bringing such individual within the provisions of any Fed-
eral law relating to conflicts of interest or otherwise im-
posing restrictions, requirements, or penalties in relation
to the employment of persons, the performance of services,
or the payment or receipt of compensation in connection
with claims, proceedings, or matters involving the United
States. Service as a member of the Board, or as an em-
ployee of the Board, shall not be considered service in an
appointive or elective position in the Government for pur-
poses of section 8344 of title 5, United States Code, or
comparable provisions of Federal law.
‘‘(c)(1) Upon request of the Director, the Board is
authorized to—
362
‘‘(A) hold such hearings and sit and act at such
times,
‘‘(B) take such testimony,
‘‘(C) have such printing and binding done,
‘‘(D) enter into such contracts and other ar-
rangements,
‘‘(E) make such expenditures, and
‘‘(F) take such other actions,
as the Board may deem advisable. Any member of the
Board may administer oaths or affirmations to witnesses
appearing before the Board.
‘‘(2) The Board may establish committees or sub-
committees. Any such subcommittees or committees shall
be chaired by a voting member of the Board.
‘‘(d) The provisions of the Federal Advisory Commit-
tee Act shall apply to the Board established under this
section with the exception of section 14(b).
‘‘(e)(1) The Board is authorized to secure directly
from any office, department, agency, establishment, or in-
strumentality of the Federal Government such information
as the Board may require for the purpose of this section,
and each such officer, department, agency, establishment,
or instrumentality is authorized and directed to furnish,
to the extent permitted by law, such information, sugges-
363
tions, estimates, and statistics directly to the Board, upon
request made by a member of the Board.
‘‘(2) Upon the request of the Board, the head of any
Federal department, agency, or instrumentality is author-
ized to make any of the facilities and services of such de-
partment, agency, or instrumentality to the Board, on a
nonreimbursable basis, to assist the Board in carrying out
its duties under this section.
‘‘(3) The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies in the United States.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Na-
tional Park System Advisory Board $200,000 per
year to carry out the provisions of section 3 of the
Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.
463).
(3) EFFECTIVE
DATE.—This subsection shall
take effect on December 7, 1997.
(g) CHALLENGE COST-SHARE AGREEMENT AUTHOR-
ITY.—
(1) DEFINITIONS.—For purposes of this sub-
section:
(A) The term ‘‘challenge cost-share agree-
ment’’ means any agreement entered into be-
364
tween the Secretary and any cooperator for the
purpose of sharing costs or services in carrying
out authorized functions and responsibilities of
the Secretary of the Interior with respect to any
unit or program of the National Park System
(as defined in section 2(a) of the Act of August
8, 1953 (16 U.S.C. 1c(a))), any affiliated area,
or any designated National Scenic or Historic
Trail.
(B) The term ‘‘cooperator’’ means any
State or local government, public or private
agency, organization, institution, corporation,
individual, or other entity.
(2) CHALLENGE COST-SHARE AGREEMENTS.—
The Secretary of the Interior is authorized to nego-
tiate and enter into challenge cost-share agreements
with cooperators.
(3) USE OF FEDERAL FUNDS.—In carrying out
challenge cost-share agreements, the Secretary of
the Interior is authorized to provide the Federal
funding share from any funds available to the Na-
tional Park Service.
(h) COST RECOVERY FOR DAMAGE TO NATIONAL
PARK RESOURCES.—Public Law 101–337 is amended as
follows:
365
(1) In section 1 (16 U.S.C. 19jj), by amending
subsection (d) to read as follows:
‘‘(d) ‘Park system resource’ means any living or non-
living resource that is located within the boundaries of a
unit of the National Park System, except for resources
owned by a non-Federal entity.’’.
(2) In section 1 (16 U.S.C. 19jj) by adding at
the end thereof the following:
‘‘(g) ‘Marine or aquatic park system resource’ means
any living or non-living part of a marine or aquatic regi-
men within or is a living part of a marine or aquatic regi-
men within the boundaries of a unit of the National Park
System, except for resources owned by a non-Federal en-
tity.’’.
(3) In section 2(b) (16 U.S.C. 19jj–1(b)), by in-
serting ‘‘any marine or aquatic park resource’’ after
‘‘any park system resource’’.
SEC. 816. MINERAL KING ADDITION PERMITS.
Paragraph (2) of section 314(d) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 45f(d)) is
amended by adding at the end the following:
‘‘(C)(i) Notwithstanding subparagraphs (A) and (B),
until the date of the death of the last cabin permittee of
record on the date of enactment of this Act, the Secretary
may renew or extend permits or leases continued under
366
subparagraph (A) or (B) to the heirs of lessees or permit-
tees (including heirs to whom such leases or permits have
been renewed or extended) who have died prior to the en-
actment of this subparagraph or may die after its enact-
ment in the same manner (including by requiring the pay-
ment of annual fees based on fair market value) as leases
or permits may be renewed or extended under subpara-
graph (B), unless—
‘‘(I) the permit or lease is incompatible with the
protection of the parks resources; or
‘‘(II) the land occupied under the leases or per-
mit will be used for some other park purpose in ac-
cordance with the comprehensive management plan
prepared under subsection (e), and the Secretary
has available sufficient funds to carry out such use.
‘‘(ii) For the purposes of this subparagraph, the term
‘heirs’ means—
‘‘(I) those family members of the deceased per-
mittee or lessee, designated by the permittee or les-
see, in a manner prescribed by the Secretary, as
heirs eligible for renewals or extensions under this
subparagraph, and
‘‘(II) in the absence of such designation, those
family members of the deceased permittee or lessee
367
who are entitled to inherit the estate of the permit-
tee or lessee.’’.
SEC. 817. WILLIAM B. SMULLIN VISITOR CENTER.
(a) DESIGNATION.—The Bureau of Land Manage-
ment’s visitors center in Rand, Oregon is hereby des-
ignated as the ‘‘William B. Smullin Visitor Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, document, record, map, or other document of
the United States to the visitor center referred to in sub-
section (a) shall be deemed to be a reference to the ‘‘Wil-
liam B. Smullin Visitor Center’’.
SEC. 818. CALUMET ECOLOGICAL PARK.
(a) FEASIBILITY STUDY.—
(1) IN
GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Sec-
retary of the Interior shall conduct a study of the
feasibility of establishing an urban ecological park to
be known as ‘‘Calumet Ecological Park’’, in the
Lake Calumet area situated between the Illinois and
Michigan Canal National Heritage Corridor and the
Indiana Dunes National Lakeshore.
(2) PARTICULARS OF STUDY.—The study under
paragraph (1) shall include consideration of the fol-
lowing:
368
(A) The suitability of establishing a park
in the Lake Calumet area that—
(i) conserves and protects the wealth
of natural resources threatened by develop-
ment and pollution in the Lake Calumet
area; and
(ii) consists of a number of nonadja-
cent sites forming green corridors between
the Illinois and Michigan Canal National
Heritage Corridor and the Indiana Dunes
National Lakeshore, that are based on the
lakes and waterways in the area.
(B) The long term future use of the Lake
Calumet area.
(C) Ways in which a Calumet Ecological
Park would—
(i) benefit and enhance the cultural,
historical, and natural resources of the
Lake Calumet area; and
(ii) preserve natural lands and habi-
tats in the Lake Calumet area and north-
west Indiana.
(3) REPORT.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall
369
submit to the Congress a report containing findings
and recommendations of a study under this section.
SEC. 819. ACQUISITION OF CERTAIN PROPERTY ON SANTA
CRUZ ISLAND.
Section 202 of Public Law 96–199 (16 U.S.C. 410ff–
1) is amended by adding the following new subsection at
the end thereof:
‘‘(e)(1) Notwithstanding any other provision of law,
effective 90 days after the date of enactment of this sub-
section, all right, title, and interest in and to, and the right
to immediate possession of, the real property on the east-
ern end of Santa Cruz Island which is known as the
Gherini Ranch is hereby vested in the United States, ex-
cept for the reserved rights of use and occupancy set forth
in Instrument No. 90–027494 recorded in the Official
Records of the County of Santa Barbara, California.
‘‘(2) The United States shall pay just compensation
to the owners of any real property taken pursuant to this
subsection, determined as of the date of taking. The full
faith and credit of the United States is hereby pledged
to the payment of any judgment entered against the Unit-
ed States with respect to the taking of such property. Pay-
ment shall be in the amount of the agreed negotiated value
of such real property plus interest or the valuation of such
real property awarded by judgment plus interest. Interest
370
shall accrue from the date of taking to the date of pay-
ment. Interest shall be compounded quarterly and com-
puted at the rate applicable for the period involved, as de-
termined by the Secretary of the Treasury on the basis
of the current average market yield on outstanding mar-
ketable obligations of the United States of comparable ma-
turities from the date of enactment of this subsection to
the last day of the month preceding the date on which
payment is made.
‘‘(3) In the absence of a negotiated settlement, or an
action by the owner, within 1 year after the date of enact-
ment of this subsection, the Secretary shall initiate a pro-
ceeding, seeking in a court of competent jurisdiction a de-
termination of just compensation with respect to the tak-
ing of such property.
‘‘(4) The Secretary shall not allow any unauthorized
use of the lands to be acquired under this subsection, ex-
cept that the Secretary shall permit the orderly termi-
nation of all current activities and the removal of any
equipment, facilities, or personal property.’’.
TITLE IX—HERITAGE AREAS
SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERIT-
AGE CORRIDOR.
(a) BOUNDARY CHANGES.—Section 2 of the Act enti-
tled ‘‘An Act to establish the Blackstone River Valley Na-
371
tional Heritage Corridor in Massachusetts and Rhode Is-
land’’, approved November 10, 1986 (Public Law 99–647;
16 U.S.C. 461 note), is amended by striking the first sen-
tence and inserting the following new sentence: ‘‘The
boundaries shall include the lands and water generally de-
picted on the map entitled ‘Blackstone River Valley Na-
tional Heritage Corridor Boundary Map’, numbered
BRV–80–80,011, and dated May 2, 1993.’’.
(b) TERMS.—Section 3(c) of the Act entitled ‘‘An Act
to establish the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island’’, approved
November 10, 1986 (Public Law 99–647; 16 U.S.C. 461
note), is amended by inserting before the period at the
end the following: ‘‘, but may continue to serve after the
expiration of this term until a successor has been ap-
pointed’’.
(c) REVISION OF PLAN.—Section 6 of the Act enti-
tled ‘‘An Act to establish the Blackstone River Valley Na-
tional Heritage Corridor in Massachusetts and Rhode Is-
land’’, approved November 10, 1986 (Public Law 99–647;
16 U.S.C. 461 note), is amended by adding at the end
the following new subsection:
‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year
after the date of the enactment of this subsection, the
Commission, with the approval of the Secretary, shall re-
372
vise the Cultural Heritage and Land Management Plan.
The revision shall address the boundary change and shall
include a natural resource inventory of areas or features
that should be protected, restored, managed, or acquired
because of their contribution to the understanding of na-
tional cultural landscape values.
‘‘(2) No changes other than minor revisions may be
made in the approved plan as amended without the ap-
proval of the Secretary. The Secretary shall approve or
disapprove any proposed change in the plan, except minor
revisions, in accordance with subsection (b).’’.
(d) EXTENSION OF COMMISSION.—Section 7 of the
Act entitled ‘‘An Act to establish the Blackstone River
Valley National Heritage Corridor in Massachusetts and
Rhode Island’’, approved November 10, 1986 (Public Law
99–647; 16 U.S.C. 461 note), is amended to read as fol-
lows:
‘‘SEC. 7. TERMINATION OF COMMISSION.
‘‘The Commission shall terminate on the date that
is 10 years after the date of enactment of this section.’’.
(e) IMPLEMENTATION OF PLAN.—Subsection (c) of
section 8 of the Act entitled ‘‘An Act to establish the
Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island’’, approved November
373
10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is
amended to read as follows:
‘‘(c) IMPLEMENTATION.—(1) To assist in the imple-
mentation of the Cultural Heritage and Land Manage-
ment Plan in a manner consistent with purposes of this
Act, the Secretary is authorized to undertake a limited
program of financial assistance for the purpose of provid-
ing funds for the preservation and restoration of struc-
tures on or eligible for inclusion on the National Register
of Historic Places within the Corridor which exhibit na-
tional significance or provide a wide spectrum of historic,
recreational, or environmental education opportunities to
the general public.
‘‘(2) To be eligible for funds under this section, the
Commission shall submit an application to the Secretary
that includes—
‘‘(A) a 10-year development plan including
those resource protection needs and projects critical
to maintaining or interpreting the distinctive char-
acter of the Corridor; and
‘‘(B) specific descriptions of annual work pro-
grams that have been assembled, the participating
parties, roles, cost estimates, cost-sharing, or cooper-
ative agreements necessary to carry out the develop-
ment plan.
374
‘‘(3) Funds made available pursuant to this sub-
section shall not exceed 50 percent of the total cost of the
work programs.
‘‘(4) In making the funds available, the Secretary
shall give priority to projects that attract greater non-Fed-
eral funding sources.
‘‘(5) Any payment made for the purposes of conserva-
tion or restoration of real property or structures shall be
subject to an agreement either—
‘‘(A) to convey a conservation or preservation
easement to the Department of Environmental Man-
agement or to the Historic Preservation Commis-
sion, as appropriate, of the State in which the real
property or structure is located; or
‘‘(B) that conversion, use, or disposal of the re-
sources so assisted for purposes contrary to the pur-
poses of this Act, as determined by the Secretary,
shall result in a right of the United States for reim-
bursement of all funds expended upon such re-
sources or the proportion of the increased value of
the resources attributable to such funds as deter-
mined at the time of such conversion, use, or dis-
posal, whichever is greater.
‘‘(6) The authority to determine that a conversion,
use, or disposal of resources has been carried out contrary
376
(1) in subsection (a), by striking ‘‘$350,000’’
and inserting ‘‘$650,000’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) DEVELOPMENT FUNDS.—For fiscal years 1996,
1997, and 1998, there is authorized to be appropriated
to carry out section 8(c) not to exceed $5,000,000.’’.
SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HER-
ITAGE CORRIDOR.
The Illinois and Michigan Canal National Heritage
Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461
note) is amended by inserting after section 117 the follow-
ing new section:
‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.
‘‘The Commission shall undertake a study to deter-
mine whether the Joliet Army Ammunition Plant and the
Calumet-Sag and Chicago Sanitary and Ship Canals
should be added to the corridor. The study shall specifi-
cally examine the relationship between the purposes of this
Act and the areas proposed for study and shall identify
any specific resources which are related to the purposes
for which the corridor was established. The study shall
propose boundaries which provide for the inclusion of any
related resources within the corridor. The Commission
shall submit the study to the Secretary and the appro-
377
priate congressional committees. Upon receipt of the
study, the Secretary shall determine which lands (if any)
should be added to the corridor and shall so notify the
appropriate congressional committees.’’.
SEC. 903. FEASIBILITY STUDY OF THE CHAMPLAIN VALLEY
AND THE UPPER HUDSON RIVER VALLEY.
The Secretary of the Interior shall conduct a feasibil-
ity study to determine whether the Champlain Valley and
the Upper Hudson River Valley in the State of New York
should be designated as a heritage area. The study shall
evaluate important conflicts which occurred between 1609
and 1865 and to identify the natural and cultural re-
sources associated with these conflicts. The study shall be
completed within two years after funds are made available.
TITLE X—MISCELLANEOUS
Subtitle A—Tallgrass Prairie
National Preserve
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ‘‘Tallgrass Prairie
National Preserve Act of 1996’’.
SEC. 1002. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) of the 400,000 square miles of tallgrass
prairie that once covered the North American Con-
378
tinent, less than 1 percent remains, primarily in the
Flint Hills of Kansas;
(2) in 1991, the National Park Service con-
ducted a special resource study of the Spring Hill
Ranch, located in the Flint Hills of Kansas;
(3) the study concludes that the Spring Hill
Ranch—
(A) is a nationally significant example of
the once vast tallgrass ecosystem, and includes
buildings listed on the National Register of His-
toric Places pursuant to section 101 of the Na-
tional Historic Preservation Act (16 U.S.C.
470a) that represent outstanding examples of
Second Empire and other 19th Century archi-
tectural styles; and
(B) is suitable and feasible as a potential
addition to the National Park System; and
(4) the National Park Trust, which owns the
Spring Hill Ranch, has agreed to permit the Na-
tional Park Service—
(A) to purchase a portion of the ranch, as
specified in this subtitle; and
(B) to manage the ranch in order to—
379
(i) conserve the scenery, natural and
historic objects, and wildlife of the ranch;
and
(ii) provide for the enjoyment of the
ranch in such a manner and by such
means as will leave the scenery, natural
and 
historic 
objects, 
and 
wildlife
unimpaired for the enjoyment of future
generations.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to preserve, protect, and interpret for the
public an example of a tallgrass prairie ecosystem on
the Spring Hill Ranch, located in the Flint Hills of
Kansas; and
(2) to preserve and interpret for the public the
historic and cultural values represented on the
Spring Hill Ranch.
SEC. 1003. DEFINITIONS.
In this subtitle:
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee es-
tablished under section 1007.
(2) PRESERVE.—The term ‘‘Preserve’’ means
the Tallgrass Prairie National Preserve established
by section 1004.
380
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) TRUST.—The term ‘‘Trust’’ means the Na-
tional Park Trust, Inc., a District of Columbia non-
profit corporation, or any successor-in-interest.
SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAIRIE NA-
TIONAL PRESERVE.
(a) IN GENERAL.—In order to provide for the preser-
vation, restoration, and interpretation of the Spring Hill
Ranch area of the Flint Hills of Kansas, for the benefit
and enjoyment of present and future generations, there
is established the Tallgrass Prairie National Preserve.
(b) DESCRIPTION.—The Preserve shall consist of the
lands and interests in land, including approximately
10,894 acres, generally depicted on the map entitled
‘‘Boundary Map, Flint Hills Prairie National Monument’’
numbered NM–TGP 80,000 and dated June 1994, more
particularly described in the deed filed at 8:22 a.m. of
June 3, 1994, with the Office of the Register of Deeds
in Chase County, Kansas, and recorded in Book L–106
at pages 328 through 339, inclusive. In the case of any
difference between the map and the legal description, the
legal description shall govern, except that if, as a result
of a survey, the Secretary determines that there is a dis-
crepancy with respect to the boundary of the Preserve that
381
may be corrected by making minor changes to the map,
the Secretary shall make changes to the map as appro-
priate, and the boundaries of the Preserve shall be ad-
justed accordingly. The map shall be on file and available
for public inspection in the appropriate offices of the Na-
tional Park Service of the Department of the Interior.
SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.
(a) IN GENERAL.—The Secretary shall administer
the Preserve in accordance with this subtitle, the coopera-
tive agreements described in subsection (f)(1), and the
provisions of law generally applicable to units of the Na-
tional Park System, including the Act entitled ‘‘An Act
to establish a National Park Service, and for other pur-
poses’’, approved August 25, 1916 (16 U.S.C. 1, 2
through 4) and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461 et seq.).
(b) APPLICATION OF REGULATIONS.—With the con-
sent of a private owner of land within the boundaries of
the Preserve, the regulations issued by the Secretary con-
cerning the National Park Service that provide for the
proper use, management, and protection of persons, prop-
erty, and natural and cultural resources shall apply to the
private land.
(c) FACILITIES.—For purposes of carrying out the
duties of the Secretary under this subtitle relating to the
382
Preserve, the Secretary may, with the consent of a land-
owner, directly or by contract, construct, reconstruct, re-
habilitate, or develop essential buildings, structures, and
related facilities including roads, trails, and other interpre-
tive facilities on real property that is not owned by the
Federal Government and is located within the Preserve.
(d) LIABILITY.—
(1) LIABILITY OF THE UNITED STATES AND ITS
OFFICERS
AND
EMPLOYEES.—Except as otherwise
provided in this subsection, the liability of the
United States is subject to the terms and conditions
of the Federal Tort Claims Act, as amended, 28
U.S.C. 2671 et seq., with respect to the claims aris-
ing by virtue of the Secretary’s administration of the
Preserve pursuant to this Act.
(2) LIABILITY OF LANDOWNERS.—
(A) The Secretary of the Interior is au-
thorized, under such terms and conditions as he
deems appropriate, to include in any coopera-
tive agreement entered into in accordance with
subsection (f)(1) an indemnification provision
by which the United States agrees to hold
harmless, defend and indemnify the landowner
in full from and against any suit, claim, de-
mand or action, liability, judgment, cost or
383
other fee arising out of any claim of personal
injury or property damage that occurs in con-
nection with the operation of the Preserve
under the agreement: Provided, however, That
indemnification shall not exceed $3 million per
claimant per occurrence.
(B) The indemnification provision author-
ized by subparagraph (A) shall not include
claims for personal injury or property damage
proximately caused by the wanton or willful
misconduct of the landowner.
(e) UNIT OF THE NATIONAL PARK SYSTEM.—The
Preserve shall be a unit of the National Park System for
all purposes, including the purpose of exercising authority
to charge entrance and admission fees under section 4 of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a).
(f) AGREEMENTS AND DONATIONS.—
(1) AGREEMENTS.—The Secretary may expend
Federal funds for the cooperative management of
private property within the Preserve for research, re-
source management (including pest control and nox-
ious weed control, fire protection, and the restora-
tion of buildings), and visitor protection and use.
384
(2) DONATIONS.—The Secretary may accept,
retain, and expend donations of funds, property
(other than real property), or services from individ-
uals, foundations, corporations, or public entities for
the purposes of providing programs, services, facili-
ties, or technical assistance that further the pur-
poses of this subtitle.
(g) GENERAL MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than the end of
the third full fiscal year beginning after the date of
enactment of this Act, the Secretary shall prepare
and submit to the Committee on Energy and Natu-
ral Resources of the Senate and the Committee on
Resources of the House of Representatives a general
management plan for the Preserve.
(2) CONSULTATION.—In preparing the general
management plan, the Secretary, acting through the
Director of the National Park Service, shall consult
with—
(A)(i) appropriate officials of the Trust;
and
(ii) the Advisory Committee; and
(B) adjacent landowners, appropriate offi-
cials of nearby communities, the Kansas De-
partment of Wildlife and Parks, and the Kan-
385
sas Historical Society, and other interested par-
ties.
(3) CONTENT OF PLAN.—The general manage-
ment plan shall provide for the following:
(A) 
Maintaining 
and 
enhancing 
the
tallgrass prairie within the boundaries of the
Preserve.
(B) Public access and enjoyment of the
property that is consistent with the conserva-
tion and proper management of the historical,
cultural, and natural resources of the ranch.
(C) Interpretive and educational programs
covering the natural history of the prairie, the
cultural history of Native Americans, and the
legacy of ranching in the Flint Hills region.
(D) Provisions requiring the application of
applicable State law concerning the mainte-
nance of adequate fences within the boundaries
of the Preserve. In any case in which an activ-
ity of the National Park Service requires fences
that exceed the legal fence standard otherwise
applicable to the Preserve, the National Park
Service shall pay the additional cost of con-
structing and maintaining the fences to meet
the applicable requirements for that activity.
386
(E) Provisions requiring the Secretary to
comply with applicable State noxious weed, pes-
ticide, and animal health laws.
(F) Provisions requiring compliance with
applicable State water laws and Federal and
State waste disposal laws (including regula-
tions) and any other applicable law.
(G) Provisions requiring the Secretary to
honor each valid existing oil and gas lease for
lands within the boundaries of the Preserve (as
described in section 1004(b)) that is in effect
on the date of enactment of this Act.
(H) Provisions requiring the Secretary to
offer to enter into an agreement with each indi-
vidual who, as of the date of enactment of this
Act, holds rights for cattle grazing within the
boundaries of the Preserve (as described in sec-
tion 1004(b)).
(4) HUNTING
AND
FISHING.—The Secretary
may allow hunting and fishing on Federal lands
within the Preserve.
(5) FINANCIAL ANALYSIS.—As part of the de-
velopment of the general management plan, the Sec-
retary shall prepare a financial analysis indicating
how the management of the Preserve may be fully
387
supported through fees, private donations, and other
forms of non-Federal funding.
SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.
(a) IN GENERAL.—The Secretary shall acquire, by
donation, not more than 180 acres of real property within
the boundaries of the Preserve (as described in section
1004(b)) and the improvements on the real property.
(b) PAYMENTS IN LIEU OF TAXES.—For the pur-
poses of payments made under chapter 69 of title 31,
United States Code, the real property described in sub-
section (a)(1) shall be deemed to have been acquired for
the purposes specified in section 6904(a) of that title.
(c) PROHIBITIONS.—No property may be acquired
under this section without the consent of the owner of the
property. The United States may not acquire fee owner-
ship of any lands within the Preserve other than lands
described in this section.
SEC. 1007. ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—There is established an advi-
sory committee to be known as the ‘‘Tallgrass Prairie Na-
tional Preserve Advisory Committee’’.
(b) DUTIES.—The Advisory Committee shall advise
the Secretary and the Director of the National Park Serv-
ice concerning the development, management, and inter-
pretation of the Preserve. In carrying out those duties,
389
Education Act of 1965 (20 U.S.C. 1141(a))) in the
State of Kansas.
(d) TERMS.—
(1) IN GENERAL.—Each member of the Advi-
sory Committee shall be appointed to serve for a
term of 3 years, except that the initial members
shall be appointed as follows:
(A) Four members shall be appointed, one
each from paragraphs (1), (2), (3), and (4) of
subsection (c), to serve for a term of 3 years.
(B) Four members shall be appointed, one
each from paragraphs (1), (2), (3), and (4) of
subsection (c), to serve for a term of 4 years.
(C) Five members shall be appointed, one
each from paragraphs (1) through (5) of sub-
section (c), to serve for a term of 5 years.
(2) REAPPOINTMENT.—Each member may be
reappointed to serve a subsequent term.
(3) EXPIRATION.—Each member shall continue
to serve after the expiration of the term of the mem-
ber until a successor is appointed.
(4) VACANCIES.—A vacancy on the Advisory
Committee shall be filled in the same manner as an
original appointment is made. The member ap-
390
pointed to fill the vacancy shall serve until the expi-
ration of the term in which the vacancy occurred.
(e) CHAIRPERSON.—The members of the Advisory
Committee shall select 1 of the members to serve as Chair-
person.
(f) MEETINGS.—Meetings of the Advisory Committee
shall be held at the call of the Chairperson or the majority
of the Advisory Committee. Meetings shall be held at such
locations and in such a manner as to ensure adequate op-
portunity for public involvement. In compliance with the
requirements of the Federal Advisory Committee Act (5
U.S.C. App.), the Advisory Committee shall choose an ap-
propriate means of providing interested members of the
public advance notice of scheduled meetings.
(g) QUORUM.—A majority of the members of the Ad-
visory Committee shall constitute a quorum.
(h) COMPENSATION.—Each member of the Advisory
Committee shall serve without compensation, except that
while engaged in official business of the Advisory Commit-
tee, the member shall be entitled to travel expenses, in-
cluding per diem in lieu of subsistence in the same manner
as persons employed intermittently in Government service
under section 5703 of title 5, United States Code.
391
(i) CHARTER.—The rechartering provisions of section
14(b) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Committee.
SEC. 1008. RESTRICTION ON AUTHORITY.
Nothing in this subtitle shall give the Secretary au-
thority to regulate lands outside the land area acquired
by the Secretary under section 1006(a).
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the De-
partment of the Interior such sums as are necessary to
carry out this subtitle.
Subtitle B—Sterling Forest
SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.
(a) FUNDING.—The Secretary of the Interior is au-
thorized to provide funding to the Palisades Interstate
Park Commission to be used for the acquisition of lands
and interests in lands within the area generally depicted
on the map entitled ‘‘Boundary Map, Sterling Forest Re-
serve’’, numbered SFR–60,001 and dated July 1, 1994.
There are authorized to be appropriated for purposes of
this section not more than $17,500,000. No funds made
available under this section may be used for the acquisi-
tion of any lands or interest in lands without the consent
of the owner thereof.
392
(b) LAND EXCHANGE.—The Secretary of the Interior
is authorized to exchange unreserved unappropriated Fed-
eral lands under the administrative jurisdiction of the Sec-
retary for the lands comprising approximately 2,220 acres
depicted on the map entitled ‘‘Sterling Forest, Proposed
Sale of Sterling Forest Lands’’ and dated July 25, 1996.
The Secretary shall consult with the Governor of any State
in which such unreserved unappropriated lands are located
prior to carrying out such exchange. The lands acquired
by the Secretary under this section shall be transferred
to the Palisades Interstate Park Commission to be in-
cluded within the Sterling Forest Reserve. The lands ex-
changed under this section shall be of equal value, as de-
termined by the Secretary utilizing nationally recognized
appraisal standards. The authority to exchange lands
under this section shall expire on the date 18 months after
the date of enactment of this Act.
Subtitle C—Additional Provisions
SEC. 1021. BLACK CANYON OF THE GUNNISON NATIONAL
PARK COMPLEX.
(a) ESTABLISHMENT OF BLACK CANYON OF THE
GUNNISON NATIONAL PARK.—
(1) There is hereby established the Black Can-
yon of the Gunnison National Park (hereinafter re-
ferred to as the ‘‘park’’) in the State of Colorado.
393
The Black Canyon National Monument is abolished
as such, and all lands and interests therein are here-
by incorporated within and made part of the Black
Canyon of the Gunnison National Park. Any ref-
erence to the Black Canyon of the Gunnison Na-
tional Monument shall be deemed a reference to
Black Canyon of the Gunnison National Park, and
any funds available for the purposes of the monu-
ment shall be available for purposes of the park.
(2) The Secretary of the Interior (hereinafter
referred to as the ‘‘Secretary’’) acting through the
Director of the National Park Service shall manage
the park, subject to valid existing rights, in accord-
ance with this subsection and under the provisions
of law generally applicable to units of the National
Park System, including but not limited to the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et
seq.), the Act of August 21, 1935 (49 Stat. 666; 16
U.S.C. 461 et seq.), and other applicable provisions
of law.
(b) ESTABLISHMENT OF THE GUNNISON GORGE NA-
TIONAL CONSERVATION AREA.—
(1) There is hereby established the Gunnison
Gorge National Conservation Area (hereinafter re-
ferred to as the ‘‘conservation area’’) in the State of
394
Colorado, consisting of approximately 64,139 acres
as generally depicted on the map entitled ‘‘Black
Canyon of the Gunnison National Park Complex—
Map No. 9, dated July 29, 1996’’ (hereinafter re-
ferred to as the ‘‘map’’).
(2) The Secretary, acting through the Director
of the Bureau of Land Management, shall manage
the conservation area, subject to valid existing
rights, in accordance with this subsection, the Fed-
eral Land Management and Policy Act of 1976, and
other applicable provisions of law.
(3) In addition to the use of motorized vehicles
on established roadways, the use of motorized vehi-
cles in the conservation area shall be allowed to the
extent compatible, in accordance with existing off-
highway vehicle designations as described in the cur-
rent approved management plan, or as part of the
comprehensive plan prepared pursuant to this sub-
section.
(4) If no later than 5 years after the date of
enactment of this Act the United States acquires,
from willing sellers only, lands that are depicted on
the map as private lands within the conservation
area as established by this section, such lands upon
their acquisition by the United States shall be in-
395
cluded in and managed as part of the conservation
area.
(5) In furtherance of the purposes of the Wil-
derness Act (16 U.S.C. 1131 et seq.) certain lands
in the conservation area comprised of approximately
22,111 acres, as generally depicted on the map, and
which shall be known as the Gunnison Gorge Wilder-
ness.
(6) That portion of the Gunnison Gorge Wilder-
ness Study Area (Uncompahgre Basin Wilderness
Final Environmental Impact Statement, 1989) not
designated as wilderness by this Act, is no longer
subject to the terms and conditions contained in sec-
tion 603 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1782) for management
of wilderness study areas in a manner that does not
impair the suitability of such areas for preservation,
and shall be managed for multiple use or other val-
ues in accordance with land use plans developed pur-
suant to section 202 of the Federal Land Policy and
Management Act of 1976.
(7) Nothing in this subsection or any other Act
shall constitute either an express or implied Federal
reservation of water or water rights for any purpose
396
arising from the designation of areas as wilderness
by this subsection.
(c) ESTABLISHMENT OF THE CURECANTI NATIONAL
RECREATION AREA, AND THE DENVER AND RIO GRANDE
RAILROAD NATIONAL HISTORIC SITE.—
(1) In order to conserve the scenic, natural, his-
toric, archaeological, wildlife, and fishery resources,
and to provide for the public use and enjoyment of
the land withdrawn or acquired for, and the water
areas created by the Wayne N. Aspinall Unit of the
Colorado River Storage Project, there is hereby es-
tablished the Curecanti National Recreation Area
(hereinafter referred to as the ‘‘recreation area’’) in
the State of Colorado. The recreation area shall con-
sist of the lands and waters within the area des-
ignated ‘‘Curecanti National Recreation Area’’ as
depicted on the map.
(2) The Secretary, acting through the Director
of the National Park Service, shall manage the
recreation area, subject to valid existing rights, in
accordance with this subsection and under provisions
of law generally applicable to units of the National
Park System including but not limited to the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (49 Stat. 666;
397
16 U.S.C. 461 et seq.), and other applicable provi-
sions of law, except as otherwise provided in this
subsection.
(3) The establishment of the recreation area
and land transfer of administration under subsection
(a) and (b) shall not affect or interfere with the va-
lidity of existing rights, including withdrawals, ac-
quisitions and conveyances, made before the date of
enactment of this section for reclamation or power
purposes. Subject to their respective authorities
under the Colorado River Storage Project Act of
1956 (42 U.S.C. 620 et seq.) and the Uncompahgre
Project, operation, maintenance, and management of
all facilities and improvements on and the manage-
ment of lands occupied by dams, structures, admin-
istrative areas, or other facilities shall be the respon-
sibility of the Secretary and the Secretary of En-
ergy, acting through the Commissioner of the Bu-
reau of Reclamation and the Western Area Power
Administration. Such lands shall be delineated
through a joint agreement among the Bureau of
Reclamation, the National Park Service, and the
Western Area Power Administration. The Secretary
may enter into additional agreements which address
sharing of jurisdiction and authorities on the delin-
398
eated lands. All lands within the recreation area
which have been withdrawn or acquired by the Unit-
ed States for reclamation purposes shall remain sub-
ject to the purposes and uses established under the
Colorado River Storage Project Act of 1956 (42
U.S.C. 620 et seq.) and the Uncompahgre Project as
originally authorized by the Secretary as the Gunni-
son Project on March 14, 1903 under the provisions
of the Reclamation Act of October 17, 1902 (32
Stat. 388, 43 U.S.C. 391), as amended. The Sec-
retary, acting through the Bureau of Reclamation,
may exclude any area from the recreation area for
reclamation or power purposes upon determining
that it is in the national interest to do so.
(4) Subject to valid existing rights, all Federal
lands and interests within the national recreation
area administered by the Bureau of Land Manage-
ment are withdrawn from disposition under the pub-
lic land laws from location, entry, and patent under
the mining laws of the United States, from the oper-
ation of mineral leasing laws of the United States,
and from operation of the Geothermal Steam Act of
1970, and the administrative jurisdiction of such
lands is transferred to the National Park Service
upon enactment of this section.
399
(5) Within the recreation area there is hereby
established, subject to the provisions of this sub-
section, the Denver and Rio Grande National His-
toric Site (hereinafter referred to as the ‘‘historic
site’’) consisting of the Denver and Rio Grande roll-
ing stock and train trestle at Cimarron, as depicted
on the map. The Secretary may include those por-
tions of the historic railroad bed within the bound-
aries of the historic site which would serve to en-
hance or contribute to the interpretation of the de-
velopment of the railroad and its role in the develop-
ment of western Colorado.
(6) The Secretary is authorized to convey to the
city of Gunnison, Colorado, or to such public agency
as the Secretary deems appropriate, for an amount
not to exceed fair market appraised value, the land
known as the Riverway Tract in section 8, township
49 north, range 1 west, New Mexico principal merid-
ian.
(7) The Secretary is authorized, upon a finding
that it is not needed for public purposes, to convey
without consideration by quit claim deed all right,
title, and interest in the United States in and to
parcels of ten acres or less which are encroached
upon, as of the date of this section, by improvements
400
occupied or used to such person or persons under
claim or color of title by persons to whom no ad-
vance notice was given that such improvements en-
croached or would encroach upon such parcels, and
who in good faith relied upon an erroneous survey,
title search or other land description indicating there
was not such encroachment. Such lands so conveyed
shall be deleted from the national recreation area.
(8) The Secretary shall complete an official
boundary survey of the areas depicted on the map
within three years of the date of this subsection.
(9) If no later than 3 years after the date of
enactment of this title the United States acquires
lands comprising approximately 520 acres adjacent
to Colorado Highway 92 and the Curecanti National
Recreation Area as designated by this title and as
generally depicted on a map entitled ‘‘Hall Property,
Colorado’’, dated September, 1996, such lands upon
their acquisition by the United States from willing
sellers only shall be included in and managed as part
of such recreation area.
(d) THE ESTABLISHMENT OF THE BLACK CANYON
OF THE GUNNISON NATIONAL PARK COMPLEX.—
(1) There is hereby established the Black Can-
yon of the Gunnison National Park Complex (herein-
402
agement, shall manage the conservation area in ac-
cordance with this subsection, and other applicable
provisions of law.
(3) The Secretary of Agriculture, acting
through the Chief of the Forest Service shall man-
age, subject to valid existing rights, those portions
of the forest that have been included in the complex
in accordance with the laws, rules, and regulations
pertaining to the National Forest System and this
subsection.
(4) The Secretaries shall manage the areas
under their jurisdiction within the complex in a con-
sistent manner, and are authorized to share person-
nel, equipment, and other resources to reduce or
eliminate duplication of effort.
(5) Within four years following the date of en-
actment of this section, the Secretary shall develop
and transmit to the Committee on Energy and Nat-
ural Resources of the United States Senate and to
the Committee on Resources of the United States
House of Representatives a comprehensive plan for
the long-range protection and management of the
complex. The plan shall describe the appropriate
uses and management of the complex consistent with
the provisions of this section. The plan may incor-
403
porate appropriate decisions contained in any cur-
rent management or activity plan for the complex.
The plan may also incorporate appropriate wildlife
habitat management or other plans that have been
prepared for the lands within or adjacent to the
complex, and shall be prepared in close consultation
with appropriate Federal agencies and agencies of
the State of Colorado and shall use information de-
veloped in previous studies of the lands within or ad-
jacent to the complex.
(e) WATER RIGHTS.—Nothing in this section, nor in
any action taken pursuant thereto under any other Act,
shall constitute an express or implied reservation of water
for any purpose. Nothing in this section, nor any actions
taken pursuant thereto shall affect any existing water
rights, including, but not limited to, any water rights held
by the United States prior to the date of enactment of
this section. Any water rights that the Secretary deter-
mines are necessary for the purposes of this section shall
be acquired under the procedural and substantive require-
ments of the laws of the State of Colorado.
(f) RECREATIONAL
AND MULTIPLE-USE ACTIVI-
TIES.—
(1) In carrying out this section, in addition to
other related activities that may be permitted pursu-
404
ant to this section, the Secretaries shall provide for
general recreation and multiple use activities that
are considered appropriate and compatible within
the areas of their respective jurisdiction, including,
but not limited to, swimming, fishing, boating, raft-
ing, hiking, horseback riding, camping and picnick-
ing. The Secretaries shall also provide for certain
multiple use activities, subject to valid existing
rights, including grazing; and the maintenance of ex-
isting designated roads, stock driveways, and utility
rights-of-way. Within the boundaries of the recre-
ation area the Secretary may also provide for off-
road vehicle use below high water levels, on frozen
lake surfaces, and on related designated access
routes; and other such uses as the Secretary may
deem appropriate.
(2) The Secretaries shall permit hunting, fish-
ing, noncommercial taking of fresh-water crusta-
ceans, and trapping on the lands and waters under
the Secretaries jurisdiction in accordance with appli-
cable laws and regulations of the United States and
the State of Colorado, except that the Secretaries,
after consultation with the Colorado Division of
Wildlife, may issue regulations designating zones
where and establishing periods when no hunting or
405
trapping shall be permitted for reasons of public
safety, administration, or public use and enjoyment.
Subject to valid existing rights, hunting and trap-
ping will not be allowed within the boundaries of the
park.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are hereby authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 1022. NATIONAL PARK FOUNDATION.
(a) The Act entitled ‘‘An Act to establish the Na-
tional Park Foundation’’, approved December 18, 1967
(16 U.S.C. 19e–19n), is amended—
(1) in section 1—
(A) by striking ‘‘therein’’ and inserting in
lieu thereof ‘‘therein, and to develop and imple-
ment means of securing funds from the private
sector, to enhance funding for the National
Park System without supplanting appropriated
funds otherwise available for the National Park
System,’’; and
(B) by striking ‘‘to accept and administer
such gifts’’;
(2) in section 3—
(A) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and
(B) by inserting at the end:
406
‘‘(b)(1) In furtherance of the purposes of this Act,
the Foundation shall have exclusive authority to license
or authorize persons to use such trademarks, tradenames,
signs, symbols, emblems, insignia, logos, likenesses or slo-
gans that are or may be in the future adopted and owned
by the Foundation, and for which the Foundation has filed
an application or applications with the United States Pat-
ent and Trademark Office, for the purposes of represent-
ing, promoting or advertising for commercial purposes or
pecuniary gain that an individual, company, or particular
good or service is an official sponsor or official supporter
of the National Park System or National Park Service.
‘‘(2) The authority provided in paragraph (1) shall
be subject to the following conditions:
‘‘(A) The criteria and guidelines for the com-
petitive issuance and the maintenance of a license or
authorization, and the issuance of each license or
authorization, shall be subject to the prior written
approval of the Secretary as being appropriate to the
image of the National Park System and consistent
with the management policies and practices of the
National Park Service, and such approval authority
may not be delegated. Criteria and guidelines devel-
oped under this paragraph shall be printed in the
407
Federal Register and shall not take effect until 60
days after the date of publication.
‘‘(B) For good cause, the Secretary of the Inte-
rior may, after consultation with the Foundation,
terminate any license or authorization granted pur-
suant to this subsection.
‘‘(C) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an
individual, company, or particular good or service to
represent, promote, or advertise, and no person may
represent or imply, for commercial purposes or for
pecuniary gain that it is an official sponsor or offi-
cial supporter of any individual unit of the National
Park System.
‘‘(D) The advertisements and promotional ac-
tivities undertaken by a licensee or authorized per-
son shall be appropriate to the image of the Na-
tional Park System and consistent with the manage-
ment policies and practices of the National Park
Service.
‘‘(E) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an
individual, company, or particular good or service to
represent that it is endorsed by the National Park
Service.
408
‘‘(F) Any license or authorization issued pursu-
ant to this subsection shall be for a term not to ex-
ceed 5 years and shall not grant any right or pref-
erence of renewal.
‘‘(G) Nothing in this Act shall in any way re-
strict the authority of the President to manage
White House matters or restrict or preclude the
Statue of Liberty—Ellis Island Foundation, Inc.
(the ‘‘Statue of Liberty Foundation’’), so long as its
activities are authorized by a Memorandum of
Agreement with the Secretary of the Interior, from
raising donations for the restoration of the Statue of
Liberty and Ellis Island by, among other things, of-
fering to any third parties exclusive rights to any
trademark, tradename, sign, symbol, insignia, em-
blem, logo, likeness, or slogan owned by the Statue
of Liberty Foundation.
‘‘(H) Activities of the Foundation undertaken
pursuant to this Act, including the licensing or au-
thorizing of official sponsors and official supporters
of the National Park System or National Park Serv-
ice by the Foundation, shall not preclude charitable
organizations or cooperating associations from con-
ducting fundraising activities or selling merchandise
to generate support for a unit or units of the Na-
409
tional Park System or the National Park Service, so
long as such activities do not convey a right to be
considered as an official sponsor or official supporter
of such unit or units as prohibited by subparagraph
(B) or of the National Park System or National
Park Service.
‘‘(c)(1) No license or authorization referred to in sub-
section (b) shall grant any person any right or authority
to market, advertise, display, sell, or promote, any goods,
products or services in any unit of the National Park Sys-
tem or in any related facility operated outside the bound-
aries of any unit, or to advertise or promote that it is an
official sponsor or official supporter within the meaning
of subsection (b) in any such unit or related facility.
‘‘(2) No license or authorization may be granted to
any person—
‘‘(A) that is in litigation against the Depart-
ment of the Interior; or
‘‘(B) that has had a judgment rendered against
it by a court of law for a violation of any Federal
environmental law during the previous 5 years; or
‘‘(C) which would create a conflict of interest or
the appearance thereof between the Department of
the Interior and such person.’’.
(3) in section 4—
410
(A) by inserting ‘‘and section 8(b)’’ be-
tween ‘‘transfer’’ and the comma;
(B) 
by 
inserting 
‘‘license,’’ 
between
‘‘lease,’’ and ‘‘invest’’; and
(C) by striking ‘‘any business, nor shall the
Foundation’’ and inserting in lieu thereof
‘‘business for pecuniary profit or gain, except
for the purposes set forth in this Act; operate
any commercial establishment or enterprise
within any unit of the National Park System;
engage in any lobbying activities as defined in
section 3(7) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(7)) concerning the man-
agement of the National Park System; or’’;
(4) in section 8—
(A) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and
(B) by inserting at the end:
‘‘(b) All of the income in the Foundation, net of rea-
sonable operating expenses, any contributions to local gov-
ernment pursuant to subsection (a), and reserves deter-
mined necessary or appropriate by the Board, shall be pro-
vided to or for the benefit of the National Park Service:
Provided, That all such net income derived from the li-
censes and authorizations referred to in section 3(b) shall
be expended in accordance with policies and priorities of
411
the National Park Service on programs, projects, or activi-
ties that benefit the National Park System or National
Park Service as identified by the Secretary in consultation
with the Foundation: Provided further, That no person
designated as an official sponsor or supporter pursuant
to section 3(b) shall be permitted to direct or stipulate
how fees paid for such designated are to be expended.’’;
(5) in section 10—
(A) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’;
and
(B) by inserting at the end:
‘‘(b) Within 30 days of the execution of each license
or authorization referred to in section 3(b), the Founda-
tion shall transmit a copy thereof to the Committee on
Resources of the United States House of Representatives
and the Committee on Energy and Natural Resources of
the United States Senate.
‘‘(c) No later than 5 years after the date of enact-
ment of this subsection, the Secretary of the Interior shall
submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natu-
ral Resources of the United States Senate a report assess-
ing the cost, effectiveness, and effects of the licensing and
authorization program established pursuant to section
412
3(b). The report shall include, but not be limited to, as-
sessments of the effect of such program on—
‘‘(1) visitation levels in the National Park Sys-
tem;
‘‘(2) the image of the National Park System;
‘‘(3) achievement of the needs and priorities of
the National Park Service;
‘‘(4) appropriations for the National Park Sys-
tem;
‘‘(5) the costs of the Foundation and the Sec-
retary of the Interior to administer the program.’’;
and
(6) at the end, by inserting:
‘‘SEC. 11. Whoever, without the authorization of the
Foundation, uses for purposes of trade, to induce the sale
of any good or service, to promote any commercial activity,
or for other commercial purpose the name of the Founda-
tion or any trademark, tradename, sign, symbol, emblem,
insignia, logo, likeness, or slogan referred to in section
3(b)(1), or any facsimile or simulation thereof tending to
cause confusion, to cause mistake, to deceive, or to suggest
falsely that an individual, company, or particular good or
service is an official sponsor or official supporter of the
National Park System or National Park Service, shall be
subject to suit in a civil action by the Foundation for the
413
remedies provided in the Act of July 5, 1946, 60 Stat.
427 (15 U.S.C. sec. 1051 et. seq.).’’.
(b) Section 1 of Public Law 88–504 (36 U.S.C.
1101), as amended, is further amended by adding at the
end, ‘‘(78) The National Park Foundation.’’.
SEC. 1023. RECREATION LAKES.
(a) FINDINGS AND PURPOSES.—The Congress finds
that the Federal Government, under the authority of the
Reclamation Act and other statutes, has developed man-
made lakes and reservoirs that have become a powerful
magnet for diverse recreational activities and that such ac-
tivities contribute to the well-being of families and individ-
uals and the economic viability of local communities. The
Congress further finds that in order to further the pur-
poses of the Land and Water Conservation Fund, the
President should appoint an advisory commission to re-
view the current and anticipated demand for recreational
opportunities at federally-managed manmade lakes and
reservoirs through creative partnerships involving Federal,
State and local governments and the private sector and
to develop alternatives for enhanced recreational use of
such facilities.
(b) COMMISSION.—The Land and Water Conserva-
tion Fund Act of 1965 (Public Law 88–578, 78 Stat. 897)
is amended by adding at the end the following new section:
414
‘‘SEC. 13. (a) The President shall appoint an advisory
commission to review the opportunities for enhanced op-
portunities for water based recreation which shall submit
a report to the President and to the Committee on Energy
and Natural Resources of the Senate and in the House
of Representatives to the Committee on Transportation
and Infrastructure and the Committee on Resources of the
House of Representatives within one year from the date
of enactment of this section.
‘‘(b) The members of the Commission shall include—
‘‘(1) the Secretary of the Interior, or his des-
ignee;
‘‘(2) the Secretary of the Army, or his designee;
‘‘(3) the Chairman of the Tennessee Valley Au-
thority, or his designee;
‘‘(4) the Secretary of Agriculture, or his des-
ignee;
‘‘(5) a person nominated by the National Gov-
ernor’s Association; and
‘‘(6) four persons familiar with the interests of
the recreation and tourism industry, conservation
and recreation use, Indian tribes, and local govern-
ments, at least one of whom shall be familiar with
the economics and financing of recreation related in-
frastructure.
415
‘‘(c) The President shall appoint one member to serve
as Chairman. Any vacancy on the Commission shall be
filled in the same manner as the original appointment.
Members of the Commission shall serve without compensa-
tion but shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the perform-
ance of their duties. The Secretary of the Interior shall
provide all financial, administrative, and staffing require-
ments for the Commission, including office space, furnish-
ings, and equipment. The heads of other Federal agencies
are authorized, at the request of the Commission, to pro-
vide such information or personnel, to the extent per-
mitted by law and within the limits of available funds, to
the Commission as may be useful to accomplish the pur-
poses of this section.
‘‘(d) The Commission may hold such hearings, sit
and act at such times and places, take such testimony,
and receive such evidence as it deems advisable: Provided,
That, to the maximum extent possible, the Commission
shall use existing data and research. The Commission is
authorized to use the United States mail in the same man-
ner and upon the same conditions as other departments
and agencies of the United States.
‘‘(e) The report shall review the extent of water relat-
ed recreation at Federal manmade lakes and reservoirs
416
and shall develop alternatives to enhance the opportunities
for such use by the public. In developing the report, the
Commission shall—
‘‘(1) review the extent to which recreation com-
ponents identified in specific authorizations associ-
ated with individual federal manmade lakes and res-
ervoirs have been accomplished,
‘‘(2) evaluate the feasibility of enhancing recre-
ation opportunities at federally-managed lakes and
reservoirs under existing statutes,
‘‘(3) consider legislative changes that would en-
hance recreation opportunities consistent with and
subject to the achievement of the authorized pur-
poses of federal water projects, and
‘‘(4) make recommendations on alternatives for
enhanced recreation opportunities including, but not
limited to, the establishment of a National Recre-
ation Lake System under which specific lakes would
receive national designation and which would be
managed 
through 
innovative 
partnership-based
agreements between federal agencies, State and local
units of government, and the private sector.
Any such alternatives shall be consistent with and subject
to the authorized purposes for any manmade lakes and
417
reservoirs and shall emphasize private sector initiatives in
concert with State and local units of government.’’.
SEC. 1024. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND
FOSSIL FOREST PROTECTION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest
Protection Act’’.
(b) WILDERNESS DESIGNATION.—Section 102 of the
San Juan Basin Wilderness Protection Act of 1984 (98
Stat. 3155) is amended—
(1) in subsection (a)—
(A) by striking ‘‘wilderness, and, there-
fore,’’ and all that follows through ‘‘System—
’’ and inserting ‘‘wilderness areas, and as one
component of the National Wilderness Preser-
vation System, to be known as the ‘Bisti/De-
Na-Zin Wilderness’—’’;
(B) in paragraph (1), by striking ‘‘, and
which shall be known as the Bisti Wilderness;
and’’ and inserting a semicolon;
(C) in paragraph (2), by striking ‘‘, and
which shall be known as the De-Na-Zin Wilder-
ness.’’ and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
418
‘‘(3) certain lands in the Farmington District of
the Bureau of Land Management, New Mexico,
which comprise approximately 16,525 acres, as gen-
erally depicted on a map entitled ‘Bisti/De-Na-Zin
Wilderness 
Amendment 
Proposal’, 
dated 
May
1992.’’;
(2) in the first sentence of subsection (c), by in-
serting after ‘‘of this Act’’ the following: ‘‘with re-
gard to the areas described in paragraphs (1) and
(2) of subsection (a), and as soon as practicable
after the date of enactment of subsection (a)(3) with
regard to the area described in subsection (a)(3)’’;
(3) in subsection (d), by inserting after ‘‘of this
Act’’ the following: ‘‘with regard to the areas de-
scribed in paragraphs (1) and (2) of subsection (a),
and where established prior to the date of enactment
of subsection (a)(3) with regard to the area de-
scribed in subsection (a)(3)’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e)(1) Subject to valid existing rights, the lands de-
scribed in subsection (a)(3) are withdrawn from all forms
of appropriation under the mining laws and from disposi-
tion under all laws pertaining to mineral leasing, geo-
thermal leasing, and mineral material sales.
419
‘‘(2) The Secretary of the Interior may issue coal
leases in New Mexico in exchange for any preference right
coal lease application within the area described in sub-
section (a)(3). Such exchanges shall be made in accord-
ance with applicable existing laws and regulations relating
to coal leases after a determination has been made by the
Secretary that the applicant is entitled to a preference
right lease and that the exchange is in the public interest.
‘‘(3) Operations on oil and gas leases issued prior to
the date of enactment of subsection (a)(3) shall be subject
to the applicable provisions of Group 3100 of title 43,
Code of Federal Regulations (including section 3162.5–
1), and such other terms, stipulations, and conditions as
the Secretary of the Interior considers necessary to avoid
significant disturbance of the land surface or impairment
of the ecological, educational, scientific, recreational, sce-
nic, and other wilderness values of the lands described in
subsection (a)(3) in existence on the date of enactment
of subsection (a)(3). In order to satisfy valid existing
rights on the lands described in subsection (a)(3), the Sec-
retary of the Interior may exchange any oil and gas lease
within this area for an unleased parcel outside this area
of like mineral estate and with similar appraised mineral
values.’’.
420
(c) EXCHANGES FOR STATE LANDS.—Section 104 of
the San Juan Basin Wilderness Protection Act of 1984
(98 Stat. 3156) is amended—
(1) in the first sentence of subsection (b), by in-
serting after ‘‘of this Act’’ the following: ‘‘with re-
gard to the areas described in paragraphs (1) and
(2) of subsection (a), and not later than 120 days
after the date of enactment of subsection (a)(3) with
regard to the area described in subsection (a)(3)’’;
(2) in subsection (c), by inserting before the pe-
riod the following: ‘‘with regard to the areas de-
scribed in paragraphs (1) and (2) of subsection (a),
and as of the date of enactment of subsection (a)(3)
with regard to the area described in subsection
(a)(3)’’; and
(3) in the last sentence of subsection (d), by in-
serting before the period the following: ‘‘with regard
to the areas described in paragraphs (1) and (2) of
subsection (a), and not later than 2 years after the
date of enactment of subsection (a)(3) with regard
to the area described in subsection (a)(3)’’.
(d) EXCHANGES FOR INDIAN LANDS.—Section 105
of the San Juan Basin Wilderness Protection Act of 1984
(98 Stat. 3157) is amended by adding at the end the fol-
lowing new subsection:
421
‘‘(d)(1) The Secretary of the Interior shall exchange
any lands held in trust for the Navajo Tribe by the Bureau
of Indian Affairs that are within the boundary of the area
described in subsection (a)(3).
‘‘(2) The lands shall be exchanged for lands within
New Mexico approximately equal in value that are selected
by the Navajo Tribe.
‘‘(3) After the exchange, the lands selected by the
Navajo Tribe shall be held in trust by the Secretary of
the Interior in the same manner as the lands described
in paragraph (1).’’.
(e) FOSSIL FOREST RESEARCH NATURAL AREA.—
Section 103 of the San Juan Basin Wilderness Protection
Act of 1984 (98 Stat. 3156) is amended to read as follows:
‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.
‘‘(a) ESTABLISHMENT.—To conserve and protect
natural values and to provide scientific knowledge, edu-
cation, and interpretation for the benefit of future genera-
tions, there is established the Fossil Forest Research Nat-
ural Area (referred to in this section as the ‘Area’), con-
sisting of the approximately 2,770 acres in the Farming-
ton District of the Bureau of Land Management, New
Mexico, as generally depicted on a map entitled ‘Fossil
Forest’, dated June 1983.
‘‘(b) MAP AND LEGAL DESCRIPTION.—
422
‘‘(1) IN
GENERAL.—As soon as practicable
after the date of enactment of this paragraph, the
Secretary of the Interior shall file a map and legal
description of the Area with the Committee on En-
ergy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives.
‘‘(2) FORCE AND EFFECT.—The map and legal
description described in paragraph (1) shall have the
same force and effect as if included in this Act.
‘‘(3) TECHNICAL
CORRECTIONS.—The Sec-
retary of the Interior may correct clerical, typo-
graphical, and cartographical errors in the map and
legal description subsequent to filing the map pursu-
ant to paragraph (1).
‘‘(4) PUBLIC INSPECTION.—The map and legal
description shall be on file and available for public
inspection in the Office of the Director of the Bu-
reau of Land Management, Department of the Inte-
rior.
‘‘(c) MANAGEMENT.—
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Director of the Bureau of
Land Management, shall manage the Area—
423
‘‘(A) to protect the resources within the
Area; and
‘‘(B) in accordance with this Act, the Fed-
eral Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), and other applicable
provisions of law.
‘‘(2) MINING.—
‘‘(A) WITHDRAWAL.—Subject to valid ex-
isting rights, the lands within the Area are
withdrawn from all forms of appropriation
under the mining laws and from disposition
under all laws pertaining to mineral leasing,
geothermal leasing, and mineral material sales.
‘‘(B) COAL
PREFERENCE
RIGHTS.—The
Secretary of the Interior is authorized to issue
coal leases in New Mexico in exchange for any
preference right coal lease application within
the Area. Such exchanges shall be made in ac-
cordance with applicable existing laws and regu-
lations relating to coal leases after a determina-
tion has been made by the Secretary that the
applicant is entitled to a preference right lease
and that the exchange is in the public interest.
‘‘(C) OIL
AND
GAS
LEASES.—Operations
on oil and gas leases issued prior to the date of
424
enactment of this paragraph shall be subject to
the applicable provisions of Group 3100 of title
43, Code of Federal Regulations (including sec-
tion 3162.5–1), and such other terms, stipula-
tions, and conditions as the Secretary of the In-
terior considers necessary to avoid significant
disturbance of the land surface or impairment
of the natural, educational, and scientific re-
search values of the Area in existence on the
date of enactment of this paragraph.
‘‘(3) GRAZING.—Livestock grazing on lands
within the Area may not be permitted.
‘‘(d) INVENTORY.—Not later than 3 full fiscal years
after the date of enactment of this subsection, the Sec-
retary of the Interior, acting through the Director of the
Bureau of Land Management, shall develop a baseline in-
ventory of all categories of fossil resources within the
Area. After the inventory is developed, the Secretary shall
conduct monitoring surveys at intervals specified in the
management plan developed for the Area in accordance
with subsection (e).
‘‘(e) MANAGEMENT PLAN.—
‘‘(1) IN
GENERAL.—Not later than 5 years
after the date of enactment of this Act, the Sec-
retary of the Interior shall develop and submit to the
425
Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of
the House of Representatives a management plan
that describes the appropriate uses of the Area con-
sistent with this Act.
‘‘(2) CONTENTS.—The management plan shall
include—
‘‘(A) a plan for the implementation of a
continuing cooperative program with other
agencies and groups for—
‘‘(i) laboratory and field interpreta-
tion; and
‘‘(ii) public education about the re-
sources and values of the Area (including
vertebrate fossils);
‘‘(B) provisions for vehicle management
that are consistent with the purpose of the Area
and that provide for the use of vehicles to the
minimum extent necessary to accomplish an in-
dividual scientific project;
‘‘(C) procedures for the excavation and col-
lection of fossil remains, including botanical fos-
sils, and the use of motorized and mechanical
equipment to the minimum extent necessary to
accomplish an individual scientific project; and
426
‘‘(D) mitigation and reclamation standards
for activities that disturb the surface to the det-
riment of scenic and environmental values.’’.
SEC. 1025. OPAL CREEK WILDERNESS AND SCENIC RECRE-
ATION AREA.
(a) DEFINITIONS.—In this section:
(1) BULL OF THE WOODS WILDERNESS.—The
term ‘‘Bull of the Woods Wilderness’’ means the
land designated as wilderness by section 3(4) of the
Oregon Wilderness Act of 1984 (Public Law 98–
328; 16 U.S.C. 1132 note).
(2) OPAL
CREEK
WILDERNESS.—The term
‘‘Opal Creek Wilderness’’ means certain land in the
Willamette National Forest in the State of Oregon
comprising approximately 12,800 acres, as generally
depicted on the map entitled ‘‘Proposed Opal Creek
Wilderness and Scenic Recreation Area’’, dated July
1996.
(3) SCENIC
RECREATION
AREA.—The term
‘‘Scenic Recreation Area’’ means the Opal Creek
Scenic Recreation Area, comprising approximately
13,000 acres, as generally depicted on the map enti-
tled ‘‘Proposed Opal Creek Wilderness and Scenic
Recreation Area’’, dated July 1996 and established
under subsection (c)(1)(C).
427
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(b) PURPOSES.—The purposes of this section are—
(1) to establish a wilderness and scenic recre-
ation area to protect and provide for the enhance-
ment of the natural, scenic, recreational, historic
and cultural resources of the area in the vicinity of
Opal Creek;
(2) to protect and support the economy of the
communities in the Santiam Canyon; and
(3) to provide increased protection for an im-
portant drinking water source for communities
served by the North Santiam River.
(c) ESTABLISHMENT OF OPAL CREEK WILDERNESS
AND SCENIC RECREATION AREA.—
(1) ESTABLISHMENT.—On a determination by
the Secretary under paragraph (2)—
(A) the Opal Creek Wilderness, as depicted
on the map described in subsection (a)(2), is
hereby designated as wilderness, subject to the
provisions of the Wilderness Act of 1964, shall
become a component of the National Wilderness
System, and shall be known as the Opal Creek
Wilderness;
428
(B) the part of the Bull of the Woods Wil-
derness that is located in the Willamette Na-
tional Forest shall be incorporated into the
Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal
Creek Scenic Recreation Area in the Willamette
National Forest in the State of Oregon, com-
prising approximately 13,000 acres, as gen-
erally depicted on the map described in sub-
section (a)(3).
(2) CONDITIONS.—The designations in para-
graph (1) shall not take effect unless the Secretary
makes a determination, not later than 2 years after
the date of enactment of this title, that the following
conditions have been met:
(A) the following have been donated to the
United States in an acceptable condition and
without encumbrances:
(i) all right, title, and interest in the
following patented parcels of land—
(I) Santiam Number 1, mineral
survey number 992, as described in
patent number 39–92–0002, dated
December 11, 1991;
429
(II) Ruth Quartz Mine Number
2, mineral survey number 994, as de-
scribed in patent number 39–91–
0012, dated February 12, 1991;
(III) Morning Star Lode, mineral
survey number 993, as described in
patent number 36–91–0011, dated
February 12, 1991;
(ii) all right, title, and interest held by
any entity other than the Times Mirror
Land and Timber Company, its successors
and assigns, in and to lands located in sec-
tion 18, township 8 south, range 5 east,
Marion County, Oregon, Eureka numbers
6, 7, 8, and 13 mining claims; and
(iii) an easement across the Hewitt,
Starvation, and Poor Boy Mill Sites, min-
eral survey number 990, as described in
patent number 36–91–0017, dated May 9,
1991. In the sole discretion of the Sec-
retary, such easement may be limited to
administrative use if an alternative access
route, adequate and appropriate for public
use, is provided.
430
(B) a binding agreement has been executed
by the Secretary and the owners of record as of
March 29, 1996, of the following interests,
specifying the terms and conditions for the dis-
position of such interests to the United States
Government—
(i) the lode mining claims known as
Princess Lode, Black Prince Lode, and
King Number 4 Lode, embracing portions
of sections 29 and 32, township 8 south,
range 5 east, Willamette Meridian, Marion
County, Oregon, the claims being more
particularly described in the field notes
and depicted on the plat of mineral survey
number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1,
mineral survey number 994, as described
in patent number 39–91–0012, dated Feb-
ruary 12, 1991.
(3) ADDITIONS TO THE WILDERNESS AND SCE-
NIC RECREATION AREAS.—
(A) Lands or interests in lands conveyed to
the United States under this subsection shall be
included in and become part of, as appropriate,
431
Opal Creek Wilderness or the Opal Creek Sce-
nic Recreation Area.
(B) On acquiring all or substantially all of
the land located in section 36, township 8
south, range 4 east, of the Willamette Meridian,
Marion County, Oregon, commonly known as
the Rosboro section by exchange, purchase from
a willing seller, or by donation, the Secretary
shall expand the boundary of the Scenic Recre-
ation Area to include such land.
(C) On acquiring all or substantially all of
the land located in section 18, township 8
south, range 5 east, Marion County, Oregon,
commonly known as the Times Mirror property,
by exchange, purchase from a willing seller, or
by donation, such land shall be included in and
become a part of the Opal Creek Wilderness.
(d) ADMINISTRATION OF THE SCENIC RECREATION
AREA.—
(1) IN GENERAL.—The Secretary shall admin-
ister the Scenic Recreation Area in accordance with
this section and the laws (including regulations) ap-
plicable to the National Forest System.
(2) OPAL CREEK MANAGEMENT PLAN.—
432
(A) IN GENERAL.—Not later than 2 years
after the date of establishment of the Scenic
Recreation Area, the Secretary, in consultation
with the advisory committee established under
subsection (e)(1), shall prepare a comprehensive
Opal Creek Management Plan (Management
Plan) for the Scenic Recreation Area.
(B) INCORPORATION
IN
LAND
AND
RE-
SOURCE MANAGEMENT PLAN.—Upon its com-
pletion, the Opal Creek Management Plan shall
become part of the land and resource manage-
ment plan for the Willamette National Forest
and supersede any conflicting provision in such
land and resource management plan.Nothing in
this paragraph shall be construed to supersede
the requirements of the Endangered Species
Act or the National Forest Management Act or
regulations promulgated under those Acts, or
any other law.
(C) REQUIREMENTS.—The Opal Creek
Management Plan shall provide for a broad
range of land uses, including—
(i) recreation;
433
(ii) harvesting of nontraditional forest
products, such as gathering mushrooms
and material to make baskets; and
(iii) educational and research opportu-
nities.
(D) PLAN AMENDMENTS.—The Secretary
may amend the Opal Creek Management Plan
as the Secretary may determine to be nec-
essary, consistent with the procedures and pur-
poses of this section.
(3) CULTURAL
AND
HISTORIC
RESOURCE
IN-
VENTORY.—
(A) IN GENERAL.—Not later than 1 year
after the date of establishment of the Scenic
Recreation Area, the Secretary shall review and
revise the inventory of the cultural and historic
resources on the public land in the Scenic
Recreation Area developed pursuant to the Or-
egon Wilderness Act of 1984 (Public Law 98–
328; 16 U.S.C. 1132).
(B) INTERPRETATION.—Interpretive activi-
ties shall be developed under the management
plan in consultation with State and local his-
toric preservation organizations and shall in-
clude a balanced and factual interpretation of
434
the cultural, ecological, and industrial history of
forestry and mining in the Scenic Recreation
Area.
(4) TRANSPORTATION PLANNING.—
(A) IN GENERAL.—Except as provided in
this subparagraph, motorized vehicles shall not
be permitted in the Scenic Recreation Area.To
maintain reasonable motorized and other access
to recreation sites and facilities in existence on
the date of enactment of this title, the Sec-
retary shall prepare a transportation plan for
the Scenic Recreation Area that—
(i) evaluates the road network within
the Scenic Recreation Area to determine
which roads should be retained and which
roads should be closed;
(ii) provides guidelines for transpor-
tation and access consistent with this sec-
tion;
(iii) considers the access needs of per-
sons with disabilities in preparing the
transportation plan for the Scenic Recre-
ation Area;
(iv) allows forest road 2209 beyond
the gate to the Scenic Recreation Area, as
435
depicted on the map described in sub-
section (a)(2), to be used by motorized ve-
hicles only for administrative purposes and
for access by private inholders, subject to
such terms and conditions as the Secretary
may determine to be necessary; and
(v) restricts construction or improve-
ment of forest road 2209 beyond the gate
to the Scenic Recreation Area to maintain-
ing the character of the road as it existed
upon the date of enactment of this Act,
which shall not include paving or widening.
In order to comply with subsection (f)(2), the Sec-
retary may make improvements to forest road 2209
and its bridge structures consistent with the char-
acter of the road as it existed on the date of enact-
ment of this Act.
(5) HUNTING AND FISHING.—
(A) IN
GENERAL.—Subject to applicable
Federal and State law, the Secretary shall per-
mit hunting and fishing in the Scenic Recre-
ation Area.
(B) LIMITATION.—The Secretary may des-
ignate zones in which, and establish periods
when, no hunting or fishing shall be permitted
436
for reasons of public safety, administration, or
public use and enjoyment of the Scenic Recre-
ation Area.
(C) CONSULTATION.—Except during an
emergency, as determined by the Secretary, the
Secretary shall consult with the Oregon State
Department of Fish and Wildlife before issuing
any regulation under this subsection.
(6) TIMBER CUTTING.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall prohibit the cut-
ting and/or selling of trees in the Scenic Recre-
ation Area.
(B) PERMITTED CUTTING.—
(i) IN
GENERAL.—Subject to clause
(ii), the Secretary may allow the cutting of
trees in the Scenic Recreation Area only—
(I) for public safety, such as to
control the continued spread of a for-
est fire in the Scenic Recreation Area
or on land adjacent to the Scenic
Recreation Area;
(II) for activities related to ad-
ministration of the Scenic Recreation
437
Area, consistent with the Opal Creek
Management Plan; or
(III) for removal of hazard trees
along trails and roadways.
(ii) SALVAGE SALES.—The Secretary
may not allow a salvage sale in the Scenic
Recreation Area.
(7) WITHDRAWAL.
(A) subject to valid existing rights, all
lands in the scenic recreation area are with-
drawn from—
(i) any form of entry, appropriation,
or disposal under the public land laws;
(ii) location, entry, and patent under
the mining laws; and
(iii) disposition under the mineral and
geothermal leasing laws.
(8) BORNITE PROJECT.—
(A) Nothing in this section shall be con-
strued to interfere with or approve any explo-
ration, mining, or mining-related activity in the
Bornite Project Area, depicted on the map de-
scribed in subsection (a)(3), conducted in ac-
cordance with applicable laws.
438
(B) Nothing in this section shall be con-
strued to interfere with the ability of the Sec-
retary to approve and issue, or deny, special use
permits in connection with exploration, mining,
and mining-related activities in the Bornite
Project Area.
(C) Motorized vehicles, roads, structures,
and utilities (including but not limited to power
lines and water lines) may be allowed inside the
Scenic Recreation Area to serve the activities
conducted on land within the Bornite Project.
(D) After the date of enactment of this
Act, no patent shall be issued for any mining
claim under the general mining laws located
within the Bornite Project Area.
(9) WATER IMPOUNDMENTS.—Notwithstanding
the Federal Power Act (16 U.S.C. 791a et seq.), the
Federal Energy Regulatory Commission may not li-
cense the construction of any dam, water conduit,
reservoir, powerhouse, transmission line, or other
project work in the Scenic Recreation Area, except
as may be necessary to comply with the provisions
of paragraph (8) with regard to the Bornite Project.
(10) RECREATION.—
439
(A) RECOGNITION.—Congress recognizes
recreation as an appropriate use of the Scenic
Recreation Area.
(B) MINIMUM LEVELS.—The management
plan shall permit recreation activities at not less
than the levels in existence on the date of en-
actment of this Act.
(C) HIGHER
LEVELS.—The management
plan may provide for levels of recreation use
higher than the levels in existence on the date
of enactment of this Act if such uses are con-
sistent with the protection of the resource val-
ues of Scenic Recreation Area.
(D) The management plan may include
public trail access through section 28, township
8 south, range 5 east, Willamette Meridian, to
Battle Axe Creek, Opal Pool and other areas in
the Opal Creek Wilderness and the Opal Creek
Scenic Recreation Area.
(11) PARTICIPATION.—So that the knowledge,
expertise, and views of all agencies and groups may
contribute affirmatively to the most sensitive present
and future use of the Scenic Recreation Area and its
various subareas for the benefit of the public:
440
(A) ADVISORY
COUNCIL.—The Secretary
shall consult on a periodic and regular basis
with the advisory council established under sub-
section (e) with respect to matters relating to
management of the Scenic Recreation Area.
(B) PUBLIC
PARTICIPATION.—The Sec-
retary shall seek the views of private groups, in-
dividuals, and the public concerning the Scenic
Recreation Area.
(C) OTHER
AGENCIES.—The Secretary
shall seek the views and assistance of, and co-
operate with, any other Federal, State, or local
agency with any responsibility for the zoning,
planning, or natural resources of the Scenic
Recreation Area.
(D) NONPROFIT AGENCIES AND ORGANIZA-
TIONS.—The Secretary shall seek the views of
any nonprofit agency or organization that may
contribute information or expertise about the
resources and the management of the Scenic
Recreation Area.
(e) ADVISORY COUNCIL.—
(1) ESTABLISHMENT.—Not later than 90 days
after the establishment of the Scenic Recreation
441
Area, the Secretary shall establish an advisory coun-
cil for the Scenic Recreation Area.
(2) MEMBERSHIP.—The advisory council shall
consist of not more than 13 members, of whom—
(A) 1 member shall represent Marion
County, Oregon, and shall be designated by the
governing body of the county;
(B) 1 member shall represent the State of
Oregon and shall be designated by the Governor
of Oregon;
(C) 1 member shall represent the City of
Salem, and shall be designated by the mayor of
Salem, Oregon;
(D) 1 member from a city within a 25 mile
radius of the Opal Creek Scenic Recreation
Area, to be designated by the Governor of the
State of Oregon from a list of candidates pro-
vided by the mayors of the cities located within
a 25 mile radius of the Opal Creek Scenic
Recreation Area; and
(E) not more than 9 members shall be ap-
pointed by the Secretary from among persons
who, individually or through association with a
national or local organization, have an interest
in the administration of the Scenic Recreation
442
Area, including, but not limited to, representa-
tives of the timber industry, environmental or-
ganizations, the mining industry, inholders in
the Opal Creek Wilderness and Scenic Recre-
ation Area, economic development interests and
Indian tribes.
(3) STAGGERED TERMS.—Members of the advi-
sory council shall serve for staggered terms of 3
years.
(4) CHAIRMAN.—The Secretary shall designate
1 member of the advisory council as chairman.
(5) VACANCIES.—The Secretary shall fill a va-
cancy on the advisory council in the same manner as
the original appointment.
(6) COMPENSATION.—Members of the advisory
council shall receive no compensation for their serv-
ice on the advisory council.
(f) GENERAL PROVISIONS.—
(1) LAND ACQUISITION.—
(A) IN
GENERAL.—Subject to the other
provisions of this section, the Secretary may ac-
quire any lands or interests in land in the Sce-
nic Recreation Area or the Opal Creek Wilder-
ness that the Secretary determines are needed
to carry out this section.
443
(B) PUBLIC LAND.—Any lands or interests
in land owned by a State or a political subdivi-
sion of a State may be acquired only by dona-
tion or exchange.
(C) CONDEMNATION.—Within the bound-
aries of the Opal Creek Wilderness or the Sce-
nic Recreation Area, the Secretary may not ac-
quire any privately owned land or interest in
land without the consent of the owner unless
the Secretary finds that—
(i) the nature of land use has changed
significantly, or the landowner has dem-
onstrated intent to change the land use
significantly, from the use that existed on
the date of the enactment of this Act; and
(ii) acquisition by the Secretary of the
land or interest in land is essential to en-
sure use of the land or interest in land in
accordance with the purposes of this title
or the management plan prepared under
subsection (d)(2).
(D) Nothing in this section shall be con-
strued to enhance or diminish the condemnation
authority available to the Secretary outside the
444
boundaries of the Opal Creek Wilderness or the
Scenic Recreation Area.
(2) ENVIRONMENTAL RESPONSE ACTIONS AND
COST RECOVERY.—
(A) RESPONSE ACTIONS.—Nothing in this
section shall limit the authority of the Secretary
or a responsible party to conduct an environ-
mental response action in the Scenic Recreation
Area in connection with the release, threatened
release, or cleanup of a hazardous substance,
pollutant, or contaminant, including a response
action conducted under the Comprehensive En-
vironmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) LIABILITY.—Nothing in this section
shall limit the authority of the Secretary or a
responsible party to recover costs related to the
release, threatened release, or cleanup of any
hazardous substance or pollutant or contami-
nant in the Scenic Recreation Area.
(3) MAPS AND DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable
after the date of enactment of this Act, the Sec-
retary shall file a map and a boundary descrip-
tion for the Opal Creek Wilderness and for the
445
Scenic Recreation Area with the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Re-
sources of the Senate.
(B) FORCE AND EFFECT.—The boundary
description and map shall have the same force
and effect as if the description and map were
included in this section, except that the Sec-
retary may correct clerical and typographical
errors in the boundary description and map.
(C) AVAILABILITY.—The map and bound-
ary description shall be on file and available for
public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture.
(4) SAVINGS PROVISION.—Nothing in this sec-
tion shall interfere with any activity for which a spe-
cial use permit has been issued, has not been re-
voked, and has not expired, before the date of enact-
ment of this Act, subject to the terms of the permit.
(g) ROSBORO LAND EXCHANGE.—
(1) 
AUTHORIZATION.—Notwithstanding 
any
other law, if the Rosboro Lumber Company (referred
to in this subsection as ‘‘Rosboro’’) offers and con-
veys marketable title to the United States to the
land described in paragraph (2), the Secretary of
446
Agriculture shall convey all right, title and interest
held by the United States to sufficient lands de-
scribed in paragraph (3) to Rosboro, in the order in
which they appear in this subsection, as necessary to
satisfy the equal value requirements of paragraph
(4).
(2) LAND TO BE OFFERED BY ROSBORO.—The
land referred to in paragraph (1) as the land to be
offered by Rosboro shall comprise Section 36, Town-
ship 8 South, Range 4 East, Willamette Meridian.
(3) LAND TO BE CONVEYED BY THE UNITED
STATES.—The land referred to in paragraph (1) as
the land to be conveyed by the United States shall
comprise 
sufficient 
land 
from 
the 
following
prioritized list to be of equal value under paragraph
(4):
(A) Section 5, Township 17 South, Range
4 East, Lot 7 (37.63 acres);
(B) Section 2, Township 17 South, Range
4 East, Lot 3 (29.28 acres);
(C) Section 13, Township 17 South, Range
4 East, S1⁄2 SE1⁄4 (80 acres);
(D) Section 2, Township 17 South, Range
4 East, SW1⁄4 SW1⁄4 (40 acres);
447
(E) Section 2, Township 17 South, Range
4 East, NW1⁄4 SE1⁄4 (40 acres);
(F) Section 8, Township 17 South, Range
4 East, SE1⁄4 SW1⁄4 (40 acres);
(G) Section 11, Township 17 South, Range
4 East, W1⁄2 NW1⁄4 (80 acres);
(4) EQUAL VALUE.—The land and interests in
land exchanged under this subsection shall be of
equal market value as determined by nationally rec-
ognized appraisal standards, including, to the extent
appropriate, the Uniform Standards for Federal
Land Acquisition, the Uniform Standards of Profes-
sional Appraisal Practice, or shall be equalized by
way of payment of cash pursuant to the provisions
of section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)), and
other applicable law. The appraisal shall consider ac-
cess costs for the parcels involved.
(5) TIMETABLE.—
(A) The exchange directed by this sub-
section shall be consummated not later than
120 days after the date Rosboro offers and con-
veys the property described in paragraph (2) to
the United States.
448
(B) The authority provided by this sub-
section shall lapse if Rosboro fails to offer the
land described in paragraph (2) within 2 years
after the date of enactment of this Act.
(6) CHALLENGE.—Rosboro shall have the right
to challenge in United States District Court for the
District of Oregon a determination of marketability
under paragraph (1) and a determination of value
for the lands described in paragraphs (2) and (3) by
the Secretary of Agriculture. The court shall have
the authority to order the Secretary to complete the
transaction contemplated in this subsection.
(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as are necessary to carry out this subsection.
(h) DESIGNATION OF ELKHORN CREEK AS A WILD
AND SCENIC RIVER.—Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at
the end the following:
‘‘( )(A) ELKHORN CREEK.—The 6.4-mile segment
traversing federally administered lands from that point
along the Willamette National Forest boundary on the
common section line between Sections 12 and 13, Town-
ship 9 South, Range 4 East, Willamette Meridian, to that
point where the segment leaves Federal ownership along
449
the Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian,
in the following classes:
‘‘(i) a 5.8-mile wild river area, extending from
that point along the Willamette National Forest
boundary on the common section line between Sec-
tions 12 and 13, Township 9 South, Range 4 East,
Willamette Meridian, to its confluence with Buck
Creek in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to be administered as
agreed on by the Secretaries of Agriculture and the
Interior, or as directed by the President; and
‘‘(ii) a 0.6-mile scenic river area, extending
from the confluence with Buck Creek in Section 1,
Township 9 South, Range 3 East, Willamette Merid-
ian, to that point where the segment leaves Federal
ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to be administered by
the Secretary of Interior, or as directed by the
President.
‘‘(B) Notwithstanding section 3(b) of this Act, the
lateral boundaries of both the wild river area and the sce-
nic river area along Elkhorn Creek shall include an aver-
450
age of not more than 640 acres per mile measured from
the ordinary high water mark on both sides of the river.’’.
(i) ECONOMIC DEVELOPMENT.—
(1) ECONOMIC
DEVELOPMENT
PLAN.—As a
condition for receiving funding under paragraph (2),
the State of Oregon, in consultation with Marion
County, Oregon, and the Secretary of Agriculture,
shall develop a plan for economic development
projects for which grants under this subsection may
be used in a manner consistent with this section and
to benefit local communities in the vicinity of the
Opal Creek area. Such plan shall be based on an
economic opportunity study and other appropriate
information.
(2) FUNDS
PROVIDED
TO
THE
STATES
FOR
GRANTS.—Upon completion of the Opal Creek Man-
agement Plan, and receipt of the plan referred to in
paragraph (1), the Secretary shall provide, subject
to appropriations, $15,000,000 to the State of Or-
egon. Such funds shall be used to make grants or
loans for economic development projects that further
the purposes of this section and benefit the local
communities in the vicinity of the Opal Creek area.
(3) REPORT.—The State of Oregon shall—
451
(A) prepare and provide the Secretary and
Congress with an annual report on the use of
the funds made available under this subsection;
(B) make available to the Secretary and to
Congress, upon request, all accounts, financial
records, and other information related to grants
and loans made available pursuant to this sub-
section; and
(C) as loans are repaid, make additional
grants and loans with the money made available
for obligation by such repayments.
SEC. 1026. UPPER KLAMATH BASIN ECOLOGICAL RESTORA-
TION PROJECTS.
(a) DEFINITIONS.—In this section:
(1) ECOSYSTEM
RESTORATION
OFFICE.—The
term ‘‘Ecosystem Restoration Office’’ means the
Klamath Basin Ecosystem Restoration Office oper-
ated cooperatively by the United States Fish and
Wildlife Service, Bureau of Reclamation, Bureau of
Land Management, and Forest Service.
(2) WORKING
GROUP.—The term ‘‘Working
Group’’ means the Upper Klamath Basin Working
Group, established before the date of enactment of
this title, consisting of members nominated by their
represented groups, including—
452
(A) 3 tribal members;
(B) 1 representative of the city of Klamath
Falls, Oregon;
(C) 1 representative of Klamath County,
Oregon;
(D) 1 representative of institutions of
higher education in the Upper Klamath Basin;
(E) 4 representatives of the environmental
community, including at least one such rep-
resentative from the State of California with in-
terests in the Klamath Basin National Wildlife
Refuge Complex;
(F) 4 representatives of local businesses
and industries, including at least one represent-
ative of the forest products industry and one
representative of the ocean commercial fishing
industry and/or the recreational fishing industry
based in either Oregon or California;
(G) 4 representatives of the ranching and
farming community, including representatives
of Federal lease-land farmers and ranchers and
of private land farmers and ranchers in the
Upper Klamath Basin;
(H) 2 representatives from State of Or-
egon agencies with authority and responsibility
453
in the Klamath River Basin, including one from
the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources De-
partment;
(I) 4 representatives from the local com-
munity; and
(J) One representative each from the fol-
lowing Federal resource management agencies
in the Upper Klamath Basin: Fish and Wildlife
Service, Bureau of Reclamation, Bureau of
Land Management, Bureau of Indian Affairs,
Forest Service, Natural Resources Conservation
Service, National Marine Fisheries Service and
Ecosystem Restoration Office.
(K) One representative of the Klamath
County Soil and Water Conservation District.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) TASK
FORCE.—The term ‘‘Task Force’’
means the Klamath River Basin Fisheries Task
Force as established by the Klamath River Basin
Fishery Resource Restoration Act (Public Law 99–
552, 16 U.S.C. 460ss–3, et.seq.).
(5) COMPACT COMMISSION.—The term ‘‘Com-
pact Commission’’ means the Klamath River Basin
454
Compact Commission created pursuant to the Klam-
ath River Compact Act of 1954.
(6) CONSENSUS.—The term ‘‘consensus’’ means
a unanimous agreement by the Working Group
members present and consisting of at least a
quorum at a regularly scheduled business meeting.
(7) QUORUM.—The term ‘‘quorum’’ means one
more than half of those qualified Working Group
members appointed and eligible to serve.
(8) TRINITY TASK FORCE.—The term ‘‘Trinity
Task Force’’ means the Trinity River Restoration
Task Force created by Public Law 98–541, as
amended by Public Law 104–143.
(b) IN GENERAL.—
(1) The Working Group through the Ecosystem
Restoration Office, with technical assistance from
the Secretary, will propose ecological restoration
projects, 
economic 
development 
and 
stability
projects, and projects designed to reduce the impacts
of drought conditions to be undertaken in the Upper
Klamath Basin based on a consensus of the Working
Group membership.
(2) The Secretary shall pay, to the greatest ex-
tent feasible, up to 50 percent of the cost of per-
forming any project approved by the Secretary or his
455
designee, up to a total amount of $1,000,000 during
each of fiscal years 1997 through 2001.
(3) Funds made available under this title
through the Department of the Interior or the De-
partment of Agriculture shall be distributed through
the Ecosystem Restoration Office.
(4) The Ecosystem Restoration Office may uti-
lize not more than 15 percent of all Federal funds
administered under this section for administrative
costs relating to the implementation of this section.
(5) All funding recommendations developed by
the Working Group shall be based on a consensus of
Working Group members.
(c) COORDINATION.—(1) The Secretary shall formu-
late a cooperative agreement among the Working Group,
the Task Force, the Trinity Task Force and the Compact
Commission for the purposes of ensuring that projects
proposed and funded through the Working Group are con-
sistent with other basin-wide fish and wildlife restoration
and conservation plans, including but not limited to plans
developed by the Task Force and the Compact Commis-
sion;
(2) To the greatest extent practicable, the Working
Group shall provide notice to, and accept input from, two
members each of the Task Force, the Trinity Task Force,
456
and the Compact Commission, so appointed by those enti-
ties, for the express purpose of facilitating better commu-
nication and coordination regarding additional basin-wide
fish and wildlife and ecosystem restoration and planning
efforts. The roles and relationships of the entities involved
shall be clarified in the cooperative agreement.
(d) PUBLIC MEETINGS.—The Working Group shall
conduct all meetings subject to Federal open meeting and
public participation laws. The chartering requirements of
the Federal Advisory Committee Act (5 U.S.C. App.) are
hereby deemed to have been met by this section.
(e) TERMS AND VACANCIES.— Working Group mem-
bers shall serve for three-year terms, beginning on the
date of enactment of this title. Vacancies which occur for
any reason after the date of enactment of this title shall
be filled by direct appointment of the governor of the State
of Oregon, in consultation with the Secretary of the Inte-
rior and the Secretary of Agriculture, in accordance with
nominations from the appropriate groups, interests, and
government agencies outlined in subsection (a)(2).
(f) RIGHTS, DUTIES
AND
AUTHORITIES
UNAF-
FECTED.—The Working Group will supplement, rather
than replace, existing efforts to manage the natural re-
sources of the Klamath Basin. Nothing in this section af-
457
fects any legal right, duty or authority of any person or
agency, including any member of the working group.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 1997 through 2002.
SEC. 1027. DESCHUTES BASIN ECOSYSTEM RESTORATION
PROJECTS.
(a) DEFINITIONS.—In this section:
(1) WORKING
GROUP.—The term ‘‘Working
Group’’ means the Deschutes River Basin Working
Group established before the date of enactment of
this title, consisting of members nominated by their
represented groups, including—
(A) 5 representatives of private interests
including one each from hydroelectric produc-
tion, livestock grazing, timber, land develop-
ment, and recreation/tourism;
(B) 4 representatives of private interests
including two each from irrigated agriculture
and the environmental community;
(C) 2 representatives from the Confed-
erated Tribes of the Warm Springs Reservation
of Oregon;
(D) 2 representatives from Federal agen-
cies with authority and responsibility in the
458
Deschutes River Basin, including one from the
Department of the Interior and one from the
Agriculture Department;
(E) 2 representatives from the State of Or-
egon agencies with authority and responsibility
in the Deschutes River Basin, including one
from the Oregon Department of Fish and Wild-
life and one from the Oregon Water Resources
Department; and
(F) 4 representatives from county or city
governments within the Deschutes River Basin
county and/or city governments.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) FEDERAL AGENCIES.—The term ‘‘Federal
agencies’’ means agencies and departments of the
United States, including, but not limited to, the Bu-
reau of Reclamation, Bureau of Indian Affairs, Bu-
reau of Land Management, Fish and Wildlife Serv-
ice, Forest Service, Natural Resources Conservation
Service, Farm Services Agency, the National Marine
Fisheries Service, and the Bonneville Power Admin-
istration.
(4) CONSENSUS.—The term ‘‘consensus’’ means
a unanimous agreement by the Working Group
459
members present and constituting at least a quorum
at a regularly scheduled business meeting.
(5) QUORUM.—The term ‘‘quorum’’ means one
more than half of those qualified Working Group
members appointed and eligible to serve.
(b) IN GENERAL.—
(1) The Working Group will propose ecological
restoration projects on both Federal and non-Fed-
eral lands and waters to be undertaken in the
Deschutes River Basin based on a consensus of the
Working Group, provided that such projects, when
involving Federal land or funds, shall be proposed to
the Bureau of Reclamation in the Department of the
Interior and any other Federal agency with affected
land or funds.
(2) The Working Group will accept donations,
grants or other funds and place such funds received
into a trust fund, to be expended on ecological res-
toration projects which, when involving Federal land
or funds, are approved by the affected Federal agen-
cy.
(3) The Bureau of Reclamation shall pay from
funds authorized under subsection (h) of this title
up to 50 percent of the cost of performing any
project proposed by the Working Group and ap-
460
proved by the Secretary, up to a total amount of
$1,000,000 during each of the fiscal years 1997
through 2001.
(4) Non-Federal contributions to project costs
for purposes of computing the Federal matching
share under paragraph (3) of this subsection may
include in-kind contributions.
(5) Funds authorized in subsection (h) of this
section shall be maintained in and distributed by the
Bureau of Reclamation in the Department of the In-
terior. The Bureau of Reclamation shall not expend
more than 5 percent of amounts appropriated pursu-
ant to subsection (h) for Federal administration of
such appropriations pursuant to this section.
(6) The Bureau of Reclamation is authorized to
provide by grant to the Working Group not more
than 5 percent of funds appropriated pursuant to
subsection (h) of this title for not more than 50 per-
cent of administrative costs relating to the imple-
mentation of this section.
(7) The Federal agencies with authority and re-
sponsibility in the Deschutes River Basin shall pro-
vide technical assistance to the Working Group and
shall designate representatives to serve as members
of the Working Group.
461
(8) All funding recommendations developed by
the Working Group shall be based on a consensus of
the Working Group members.
(c) PUBLIC
NOTICE
AND
PARTICIPATION.—The
Working Group shall conduct all meetings subject to appli-
cable open meeting and public participation laws. The ac-
tivities of the Working Group and the Federal agencies
pursuant to the provisions of this title are exempt from
the provisions of 5 U.S.C. App. 2 1–15.
(d) PRIORITIES.—The Working Group shall give pri-
ority to voluntary market-based economic incentives for
ecosystem restoration including, but not limited to, water
leases and purchases; land leases and purchases; tradable
discharge permits; and acquisition of timber, grazing, and
land development rights to implement plans, programs,
measures, and projects.
(e) TERMS AND VACANCIES.—Members of the Work-
ing Group representing governmental agencies or entities
shall be named by the represented government. Members
of the Working Group representing private interests shall
be named in accordance with the articles of incorporation
and bylaws of the Working Group. Representatives from
Federal agencies will serve for terms of 3 years.Vacancies
which occur for any reason after the date of enactment
of this title shall be filled in accordance with this title.
462
(f) ADDITIONAL PROJECTS.—Where existing author-
ity and appropriations permit, Federal agencies may con-
tribute to the implementation of projects recommended by
the Working Group and approved by the Secretary.
(g) RIGHTS, DUTIES
AND
AUTHORITIES
UNAF-
FECTED.—The Working Group will supplement, rather
than replace, existing efforts to manage the natural re-
sources of the Deschutes Basin. Nothing in this title af-
fects any legal right, duty or authority of any person or
agency, including any member of the working group.
(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2001.
SEC. 1028. MOUNT HOOD CORRIDOR LAND EXCHANGE.
(a) AUTHORIZATION.—Notwithstanding any other
law, if Longview Fibre Company (referred to in this sec-
tion as ‘‘Longview’’) offers and conveys title that is accept-
able to the United States to some or all of the land de-
scribed in subsection (b), the Secretary of the Interior (re-
ferred to in this section as the ‘‘Secretary’’) shall convey
to Longview title to some or all of the land described in
subsection (c), as necessary to satisfy the requirements of
subsection (d).
(b) LAND TO BE OFFERED BY LONGVIEW.—The
land referred to in subsection (a) as the land to be offered
463
by Longview are those lands depicted on the map entitled
‘‘Mt. Hood Corridor Land Exchange Map’’, dated July 18,
1996.
(c) LAND TO BE CONVEYED BY THE SECRETARY.—
The land referred to in subsection (a) as the land to be
conveyed by the Secretary are those lands depicted on the
map entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,
dated July 18, 1996.
(d) EQUAL VALUE.—The land and interests in land
exchanged under this section shall be of equal market
value as determined by nationally recognized appraisal
standards, including, to the extent appropriate, the Uni-
form Standards for Federal Land Acquisition, the Uni-
form Standards of Professional Appraisal Practice, or
shall be equalized by way of payment of cash pursuant
to the provisions of section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(d)),
and other applicable law.
(e) REDESIGNATION OF LAND TO MAINTAIN REVE-
NUE FLOW.—So as to maintain the current flow of reve-
nue from land subject to the Act entitled ‘‘An Act relating
to the revested Oregon and California Railroad and recon-
veyed Coos Bay Wagon Road grant land situated in the
State of Oregon’’, approved August 28, 1937 (43 U.S.C.
1181a et seq.), the Secretary may redesignate public do-
464
main land located in and west of Range 9 East, Willam-
ette Meridian, Oregon, as land subject to that Act.
(f) TIMETABLE.—The exchange directed by this sec-
tion shall be consummated not later than 1 year after the
date of enactment of this title.
(g) WITHDRAWAL OF LANDS.—All lands managed by
the Department of the Interior, Bureau of Land Manage-
ment, located in Townships 2 and 3 South, Ranges 6 and
7 East, Willamette Meridian, which can be seen from the
right-of-way of U.S. Highway 26, (in this section, such
lands are referred to as the ‘‘Mt. Hood Corridor Lands’’),
shall be managed primarily for the protection or enhance-
ment of scenic qualities. Management prescriptions for
other resource values associated with these lands shall be
planned and conducted for purposes other than timber
harvest, so as not to impair the scenic qualities of the
area.
(h) TIMBER CUTTING.—Timber harvest may be con-
ducted on Mt. Hood Corridor Lands following a resource-
damaging catastrophic event. Such cutting may only be
conducted to achieve the following resource management
objectives, in compliance with the current land use plans—
(1) to maintain safe conditions for the visiting
public;
465
(2) to control the continued spread of forest
fire;
(3) for activities related to administration of
the Mt. Hood Corridor Lands; or
(4) for removal of hazard trees along trails and
roadways.
(i) ROAD CLOSURE.—The forest road gate located on
Forest Service Road 2503, located in T. 2 S., R. 6 E.,
sec. 14, shall remain closed and locked to protect resources
and prevent illegal dumping and vandalism. Access to this
road shall be limited to—
(1) Federal and State officers and employees
acting in an official capacity;
(2) employees and contractors conducting au-
thorized activities associated with the telecommuni-
cation sites located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes,
except that all motorized vehicles will be prohibited.
(j) NEPA EXEMPTION.—Notwithstanding any other
provision of law, the National Environmental Policy Act
of 1969 (Public Law 91–190) shall not apply to this sec-
tion.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
466
SEC. 1029. CREATION OF THE COQUILLE FOREST.
The Coquille Restoration Act (Public Law 101–42)
is amended by inserting at the end of section 5 the follow-
ing:
‘‘(d) Creation of the Coquille Forest.
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Coquille Forest’ means
certain lands in Coos County, Oregon, compris-
ing approximately 5,400 acres, as generally de-
picted on the map entitled ‘Coquille Forest Pro-
posal’, dated July 8, 1996.
‘‘(B) The term ‘Secretary’ means the Sec-
retary of Interior.
‘‘(C) The term ‘the tribe’ means the
Coquille Tribe of Coos County, Oregon.
‘‘(2) MAP.—The map described in paragraph
(1)(A), and such additional legal descriptions which
are applicable, shall be placed on file at the local
District Office of the Bureau of Land Management,
the Agency Office of the Bureau of Indian Affairs,
and with the Senate Committee on Energy and Nat-
ural Resources and the House Committee on Re-
sources.
‘‘(3) INTERIM PERIOD.—From the date of en-
actment of this subsection until two years after the
467
date of enactment of this subsection, the Bureau of
Land Management shall—
‘‘(A) retain Federal jurisdiction for the
management of lands designated under this
subsection as the Coquille Forest and continue
to distribute revenues from such lands in a
manner consistent with existing law; and
‘‘(B) prior to advertising, offering or
awarding any timber sale contract on lands des-
ignated under this subsection as the Coquille
Forest, obtain the approval of the Assistant
Secretary for Indian Affairs, acting on behalf of
and in consultation with the Tribe.
‘‘(4) TRANSITION
PLANNING
AND
DESIGNA-
TION.—
‘‘(A) During the two-year interim period
provided for in paragraph (3), the Assistant
Secretary for Indian Affairs, acting on behalf of
and in consultation with Tribe, is authorized to
initiate development of a forest management
plan for the Coquille Forest. The Secretary,
acting through the director of the Bureau of
Land Management, shall cooperate and assist
in the development of such plan and in the
transition of forestry management operations
468
for the Coquille Forest to the Assistant Sec-
retary for Indian Affairs.
‘‘(B) Two years after the date of enact-
ment of this subsection, the Secretary shall take
the 
lands 
identified 
under 
subparagraph
(d)(1)(A) into trust, and shall hold such lands
in trust, in perpetuity, for the Coquille Tribe.
Such lands shall be thereafter designated as the
Coquille Forest.
‘‘(5) MANAGEMENT.—The Secretary of Interior,
acting through the Assistant Secretary for Indian
Affairs shall manage the Coquille Forest under ap-
plicable forestry laws and in a manner consistent
with the standards and guidelines of Federal forest
plans on adjacent or nearby Federal lands. The Sec-
retary shall otherwise manage the Coquille Forest in
accordance with the laws pertaining to the manage-
ment of Indian Trust lands and shall, except as pro-
vided in subparagraph (C), distribute revenues in ac-
cordance with Public Law 101–630, 25 U.S.C.
3107.
‘‘(A) Unprocessed logs harvested from the
Coquille Forest shall be subject to the same
Federal statutory restrictions on export to for-
469
eign Nations that apply to unprocessed logs
harvested from Federal lands.
‘‘(B) Notwithstanding any other provision
of law, all sales of timber from land subject to
this subsection shall be advertised, offered and
awarded according to competitive bidding prac-
tices, with sales being awarded to the highest
responsible bidder.
‘‘(C) So as to maintain the current flow of
revenue from land subject to the Act entitled
‘‘An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay
Wagon Road grant land situated in the State of
Oregon’’ (the O&C Act), approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary
shall redesignate, from public domain lands
within the Tribe’s service area, as defined in
this Act, certain lands to be subject to the O&C
Act. Lands redesignated under this subpara-
graph shall not exceed lands sufficient to con-
stitute equivalent timber value as compared to
lands constituting the Coquille Forest.
‘‘(6) INDIAN SELF-DETERMINATION ACT AGREE-
MENT.—No sooner than 2 years after the date of en-
actment of this subsection, the Secretary may, upon
470
a satisfactory showing of management competence
and pursuant to the Indian Self-Determination Act
(25 U.S.C. 450 et seq.), enter into a binding Indian
self-determination agreement (agreement) with the
Coquille Indian Tribe. Such agreement may provide
for the tribe to carry out all or a portion of the for-
est management for the Coquille Forest.
‘‘(A) Prior to entering such an agreement,
and as a condition of maintaining such an
agreement, the Secretary must find that the
Coquille Tribe has entered into a binding
memorandum of agreement (MOA) with the
State of Oregon, as required under paragraph
(7), and with the 18 Oregon counties as re-
quired by paragraph (8).
‘‘(B) The authority of the Secretary to re-
scind the Indian self-determination agreement
shall not be encumbered.
‘‘(i) The Secretary shall rescind the
agreement upon a demonstration that the
tribe and the State of Oregon or the 18
Oregon counties are no longer engaged in
a memorandum of agreement as required
under paragraph (7).
471
‘‘(ii) The Secretary may rescind the
agreement on a showing that the Tribe has
managed the Coquille Forest in a manner
inconsistent with this subsection, or the
tribe is no longer managing, or capable of
managing, the Coquille Forest in a manner
consistent with this subsection.
‘‘(7) MEMORANDUM OF AGREEMENT WITH OR-
EGON.—The Coquille Tribe shall enter into a memo-
randum of agreement (MOA) with the State of Or-
egon relating to the establishment and management
of the Coquille Forest. The MOA shall include, but
not be limited to, the terms and conditions for man-
aging the Coquille Forest in a manner consistent
with paragraph (5) of this subsection, preserving
public access, advancing jointly-held resource man-
agement goals, achieving tribal restoration objectives
and establishing a coordinated management frame-
work. Further, provisions set forth in the MOA shall
be consistent with Federal trust responsibility re-
quirements applicable to Indian trust lands and
paragraph (5) of this subsection.
‘‘(8) PUBLIC
ACCESS.—The Coquille Forest
shall remain open to public access for purposes of
hunting, fishing, recreation and transportation, ex-
472
cept when closure is required by state or Federal
law, or when the Coquille Indian Tribe and the State
of Oregon agree in writing that restrictions on ac-
cess are necessary or appropriate to prevent harm to
natural resources, cultural resources or environ-
mental quality: Provided, That the State of Oregon’s
agreement shall not be required when immediate ac-
tion is necessary to protect archaeological resources.
‘‘(9) JURISDICTION.—
‘‘(A) The United States District Court for
the District of Oregon shall have jurisdiction
over actions against the Secretary arising out of
claims that this subsection has been violated.
Consistent with existing precedents on standing
to sue, any affected citizen may bring suit
against the Secretary for violations of this sub-
section, except that suit may not be brought
against the Secretary for claims that the MOA
has been violated. The court has the authority
to hold unlawful and set aside actions pursuant
to this subsection that are arbitrary and capri-
cious, an abuse of discretion, or otherwise an
abuse of law.
‘‘(B) The United States District Court for
the District of Oregon shall have jurisdiction
473
over actions between the State of Oregon, or
the 18 Oregon counties, and the tribe arising
out of claims of breach of the MOA.
‘‘(C) Unless otherwise provided for by law,
remedies available under this subsection shall
be limited to equitable relief and shall not in-
clude damages.
‘‘(10) STATE REGULATORY AND CIVIL JURIS-
DICTION.—In addition to the jurisdiction described
in paragraph (7) of this subsection, the State of Or-
egon may exercise exclusive regulatory civil jurisdic-
tion, including but not limited to adoption and en-
forcement of administrative rules and orders, over
the following subjects:
‘‘(A) Management, allocation and adminis-
tration of fish and wildlife resources, including
but not limited to establishment and enforce-
ment of hunting and fishing seasons, bag limits,
limits on equipment and methods, issuance of
permits and licenses, and approval or dis-
approval of hatcheries, game farms, and other
breeding facilities: Provided, That nothing here-
in shall be construed to permit the State of Or-
egon to manage fish or wildlife habitat on
Coquille Forest lands.
474
‘‘(B) Allocation and administration of
water rights, appropriation of water and use of
water.
‘‘(C) Regulation of boating activities, in-
cluding equipment and registration require-
ments, and protection of the public’s right to
use the waterways for purposes of boating or
other navigation.
‘‘(D) Fills and removals from waters of the
State, as defined in Oregon law.
‘‘(E) Protection and management of the
State’s proprietary interests in the beds and
banks of navigable waterways.
‘‘(F) Regulation of mining, mine reclama-
tion activities, and exploration and drilling for
oil and gas deposits.
‘‘(G) Regulation of water quality, air qual-
ity (including smoke management), solid and
hazardous waste, and remediation of releases of
hazardous substances.
‘‘(H) Regulation of the use of herbicides
and pesticides.
‘‘(I) Enforcement of public health and
safety standards, including standards for the
protection of workers, well construction and
475
codes governing the construction of bridges,
buildings, and other structures.
‘‘(J) Other subject where State authority
is provided for except that, in the event of a
conflict between Federal and State law under
this subsection, Federal law shall control.
‘‘(11) SAVINGS CLAUSE; STATE AUTHORITY.—
‘‘(A) Nothing in this subsection shall be
construed to grant tribal authority over private
or State-owned lands.
‘‘(B) To the extent that the State of Or-
egon is regulating the foregoing areas pursuant
to a delegated Federal authority or a Federal
program, nothing in this subsection shall be
construed to enlarge or diminish the State’s au-
thority under such law.
‘‘(C) Where both the State of Oregon and
the United States are regulating, nothing here-
in shall be construed to alter their respective
authorities.
‘‘(D) To the extent that Federal law au-
thorizes the Coquille Indian Tribe to assume
regulatory authority over an area, nothing here-
in shall be construed to enlarge or diminish the
tribe’s authority to do so under such law.
476
‘‘(E) Unless and except to the extent that
the tribe has assumed jurisdiction over the
Coquille Forest pursuant to Federal law, or
otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and au-
thority to enforce its laws addressing the sub-
jects listed in paragraph (10) of this subsection
on the Coquille Forest against the Coquille In-
dian Tribe, its members and all other persons
and entities, in the same manner and with the
same remedies and protections and appeal
rights as otherwise provided by general Oregon
law. Where the State of Oregon and Coquille
Indian Tribe agree regarding the exercise of
tribal civil regulatory jurisdiction over activities
on the Coquille Forest lands, the tribe may ex-
ercise such jurisdiction as is agreed upon.
‘‘(12) In the event of a conflict between Federal
and State law under this subsection, Federal law
shall control.’’.
SEC. 1030. BULL RUN PROTECTION.
(a) AMENDMENTS TO PUBLIC LAW 95–200.—
(1) The first sentence of section 2(a) of Public
Law 95–200 is amended by striking ‘‘2(b)’’ and in-
serting in lieu thereof ‘‘2(c)’’.
477
(2) The first sentence of section 2(b) of Public
Law 95–200 is amended after ‘‘the policy set forth
in subsection (a)’’ by inserting ‘‘and (b)’’.
(3) Subsections (b), (c), (d), and (e) of section
2 of Public Law 95–200 are redesignated as sub-
sections (c), (d), (e), and (f), respectively.
(4) Section 2 of Public Law 95–200 is amended
by inserting after subsection (a) the following new
subsection:
‘‘(b) TIMBER CUTTING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of Agriculture shall prohibit the cut-
ting of trees in that part of the unit consisting of
the hydrographic boundary of the Bull Run River
Drainage, including certain lands within the unit
and located below the headworks of the city of Port-
land, Oregon’s water storage and delivery project,
and as depicted in a map dated July 22, 1996, and
entitled ‘Bull Run River Drainage’.
‘‘(2) PERMITTED CUTTING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Agriculture shall
prohibit the cutting of trees in the area de-
scribed in subparagraph (1).
478
‘‘(B) PERMITTED
CUTTING.—Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
subparagraph (1)—
‘‘(i) for the protection or enhancement
of water quality in the area described in
subparagraph (1); or
‘‘(ii) for the protection, enhancement,
or maintenance of water quantity available
from the area described in subparagraph
(1); or
‘‘(iii) for the construction, expansion,
protection or maintenance of municipal
water supply facilities; or
‘‘(iv) for the construction, expansion,
protection or maintenance of facilities for
the transmission of energy through and
over the unit or previously authorized hy-
droelectric 
facilities 
or 
hydroelectric
projects associated with municipal water
supply facilities.
‘‘(C) SALVAGE SALES.—The Secretary of
Agriculture may not authorize a salvage sale in
the area described in subparagraph (1).’’.
479
(b) REPORT TO CONGRESS.—The Secretary of Agri-
culture shall, in consultation with the city of Portland and
other affected parties, undertake a study of that part of
the Little Sandy Watershed that is within the unit (herein-
after referred to as the ‘‘study area’’). The study shall
determine—
(1) the impact of management activities within
the study area on the quality of drinking water pro-
vided to the Portland Metropolitan area;
(2) the identity and location of certain ecologi-
cal features within the study area, including late
successional forest characteristics, aquatic and ter-
restrial wildlife habitat, significant hydrological val-
ues, or other outstanding natural features; and
(3) the location and extent of any significant
cultural or other values within the study area.
(c) RECOMMENDATIONS.—The study referred to in
subsection (b) shall include both legislative and regulatory
recommendations to Congress on the future management
of the study area. In formulating such recommendations,
the Secretary shall consult with the city of Portland and
other affected parties.
(d) EXISTING DATA AND PROCESSES.—To the great-
est extent possible, the Secretary shall use existing data
and processes to carry out the study and report.
480
(e) SUBMISSION TO CONGRESS.—The study referred
to in subsection (b) shall be submitted to the Senate Com-
mittees on Energy and Natural Resources and Agriculture
and the House Committees on Resources and Agriculture
not later than one year from the date of enactment of this
section.
(f) MORATORIUM.—The Secretary is prohibited from
advertising, offering or awarding any timber sale within
the study area for a period of two years after the date
of enactment of this section.
(g) WATER RIGHTS.—Nothing in this section shall
in any way affect any State or Federal law governing ap-
propriation, use of or Federal right to water on or flowing
through National Forest System lands. Nothing in this
section is intended to influence the relative strength of
competing claims to the waters of the Little Sandy River.
Nothing in this section shall be construed to expand or
diminish Federal, State, or local jurisdiction, responsibil-
ity, interests, or rights in water resources development or
control, including rights in and current uses of water re-
sources in the unit.
(h) OTHER LANDS IN UNIT.—Lands within the Bull
Run Management Unit, as defined in Public Law 95–200,
but not contained within the Bull Run River Drainage,
as described in the amendment made by subsection (a)(4)
481
of this section and as depicted on the map dated July 22,
1996, and entitled ‘‘Bull Run River Drainage’’, shall con-
tinue to be managed in accordance with Public Law 95–
200.
SEC. 1031. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act of 1964, certain lands within the
boundaries of the Oregon Islands National Wildlife Ref-
uge, Oregon, comprising approximately 95 acres and as
generally depicted on a map entitled ‘‘Oregon Island Wil-
derness Additions—Proposed’’ dated August 1996, are
hereby designated as wilderness. The map shall be on file
and available for public inspection in the offices of the
Fish and Wildlife Service, Department of Interior.
(b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—
All other federally owned named, unnamed, surveyed and
unsurveyed rocks, reefs, islets and islands lying within
three geographic miles off the coast of Oregon and above
mean high tide, not currently designated as wilderness and
also within the Oregon Islands National Wildlife Refuge
boundaries under the administration of the U.S. Fish and
Wildlife Service, Department of Interior, as designated by
Executive Order 7035, Proclamation 2416, Public Land
Orders 4395, 4475 and 6287, and Public Laws 91–504
and 95–450, are hereby designated as wilderness.
482
(c) AREAS UNDER BLM JURISDICTION.—All feder-
ally owned named, unnamed, surveyed and unsurveyed
rocks, reefs, islets and islands lying within three geo-
graphic miles off the coast of Oregon and above mean high
tide, and presently under the jurisdiction of the Bureau
of Land Management, except Chiefs Island, are hereby
designated as wilderness, shall become part of the Oregon
Islands National Wildlife Refuge and the Oregon Islands
Wilderness and shall be under the jurisdiction of the
United States Fish and Wildlife Service, Department of
the Interior.
(d) MAP AND DESCRIPTION.—As soon as practicable
after this Act takes effect, a map of the wilderness area
and a description of its boundaries shall be filed with the
Senate Committee on Energy and Natural Resources and
the House Committee on Resources, and such map shall
have the same force and effect as if included in this sec-
tion: Provided, however, That correcting clerical and typo-
graphical errors in the map and land descriptions may be
made.
(e) ORDER 6287.—Public Land Order 6287 of June
16, 1982, which withdrew certain rocks, reefs, islets, and
islands lying within three geographical miles off the coast
of Oregon and above mean high tide, including the 95
acres described in subsection (a), as an addition to the
483
Oregon Islands National Wildlife Refuge is hereby made
permanent.
SEC. 1032. UMPQUA RIVER LAND EXCHANGE STUDY: POL-
ICY AND DIRECTION.
(a) IN GENERAL.—The Secretaries of the Interior
and Agriculture (Secretaries) are hereby authorized and
directed to consult, coordinate and cooperate with the
Umpqua Land Exchange Project (ULEP), affected units
and agencies of State and local government, and, as ap-
propriate, the World Forestry Center and National Fish
and Wildlife Foundation, to assist ULEP’s ongoing efforts
in studying and analyzing land exchange opportunities in
the Umpqua River basin and to provide scientific, tech-
nical, research, mapping and other assistance and infor-
mation to such entities. Such consultation, coordination
and cooperation shall at a minimum include, but not be
limited to—
(1) working with ULEP to develop or assemble
comprehensive scientific and other information (in-
cluding comprehensive and integrated mapping) con-
cerning the Umpqua River basin’s resources of for-
est, plants, wildlife, fisheries (anadromous and
other), recreational opportunities, wetlands, riparian
habitat and other physical or natural resources;
484
(2) working with ULEP to identify general or
specific areas within the basin where land exchanges
could promote consolidation of forestland ownership
for long-term, sustained timber production; protec-
tion and restoration of habitat for plants, fish and
wildlife (including any federally listed threatened or
endangered species); protection of drinking water
supplies; recovery of threatened and endangered spe-
cies; protection and restoration of wetlands, riparian
lands and other environmentally sensitive areas; con-
solidation of land ownership for improved public ac-
cess and a broad array of recreational uses; and con-
solidation of land ownership to achieve management
efficiency and reduced costs of administration; and
(3) developing a joint report for submission to
the Congress which discusses land exchange oppor-
tunities in the basin and outlines either a specific
land exchange proposal or proposals which may
merit consideration by the Secretaries or the Con-
gress, or ideas and recommendations for new au-
thorizations, direction, or changes in existing law or
policy to expedite and facilitate the consummation of
beneficial land exchanges in the basin via adminis-
trative means.
485
(b) MATTERS FOR SPECIFIC STUDY.—In analyzing
land exchange opportunities with ULEP, the Secretaries
shall give priority to assisting ULEP’s ongoing efforts in:
(1) studying, identifying, and mapping areas
where the consolidation of land ownership via land
exchanges could promote the goals of long term spe-
cies and watershed protection and utilization, includ-
ing but not limited to the goals of the Endangered
Species Act of 1973 more effectively than current
land ownership patterns and whether any changes in
law or policy applicable to such lands after con-
summation of an exchange would be advisable or
necessary to achieve such goals;
(2) studying, identifying and mapping areas
where land exchanges might be utilized to better sat-
isfy the goals of sustainable timber harvest, includ-
ing studying whether changes in existing law or pol-
icy applicable to such lands after consummation of
an exchange would be advisable or necessary to
achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing
law or policy, to insure that combined post-exchange
revenues to units of local government from State
and local property, severance and other taxes or lev-
486
ies and shared Federal land receipts will approxi-
mate pre-exchange revenues;
(4) identifying issues and studying whether pos-
sible changes in law, special appraisal instruction, or
changes in certain Federal appraisal procedures
might be advisable or necessary to facilitate the ap-
praisal of potential exchange lands which may have
special characteristics or restrictions affecting land
values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or
policy, for achieving land exchanges without reduc-
ing the net supply of timber available to small busi-
nesses;
(6) identifying, mapping, and recommending
potential changes in land use plans, land classifica-
tions, or other actions which might be advisable or
necessary to expedite, facilitate or consummate land
exchanges in certain areas;
(7) analyzing potential sources for new or en-
hanced Federal, State, or other funding to promote
improved resource protection, species recovery, and
management in the basin; and
(8) identifying and analyzing whether increased
efficiency and better land and resource management
487
could occur through either consolidation of Federal
forest management under one agency or exchange of
lands between the Forest Service and Bureau of
Land Management.
(c) REPORT TO CONGRESS.—No later than February
1, 1998, ULEP and the Secretaries shall submit a joint
report to the Committee on Resources of the United
States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Sen-
ate concerning their studies, findings, recommendations,
mapping and other activities conducted pursuant to this
section.
(d) AUTHORIZATION OF APPROPRIATIONS.—In fur-
therance of the purposes of this section, there is hereby
authorized to be appropriated the sum of $2,000,000, to
remain available until expended.
SEC. 1033. BOSTON HARBOR ISLANDS RECREATION AREA.
(a) PURPOSES.—The purposes of this section are—
(1) to preserve for public use and enjoyment
the lands and waters that comprise the Boston Har-
bor Islands National Recreation Area;
(2) to manage the recreation area in partner-
ship with the private sector, the Commonwealth of
Massachusetts, municipalities surrounding Massa-
chusetts and Cape Cod Bays, the Thompson Island
488
Outward Bound Education Center, and Trustees of
Reservations, and with historical, business, cultural,
civic, recreational and tourism organizations;
(3) to improve access to the Boston Harbor Is-
lands through the use of public water transportation;
and
(4) to provide education and visitor information
programs to increase public understanding of and
appreciation for the natural and cultural resources
of the Boston Harbor Islands, including the history
of Native American use and involvement.
(b) DEFINITIONS.—For the purposes of this sec-
tion—
(1) the term recreation area means the Boston
Harbor Islands National Recreation Area established
by subsection (c); and
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior.
(c) BOSTON HARBOR ISLANDS NATIONAL RECRE-
ATION AREA.—
(1) ESTABLISHMENT.—In order to preserve for
the benefit and inspiration of the people of the Unit-
ed States as a national recreation area certain lands
located in Massachusetts Bay, there is established as
501
nership shall submit the plan to the Secretary, who
shall approve or disapprove the plan within 90 days.
In reviewing the plan the Secretary shall consider
each of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation
from State and local officials.
(iii) The adequacy of regulatory and finan-
cial tools that are in place to implement the
plan.
(B) If the Secretary disapproves the plan, the
Secretary shall within 60 days after the date of such
disapproval, advise the Partnership in writing of the
reasons therefore, together with recommendations
for revision. Within 90 days of receipt of such notice
of disapproval, the Partnership shall revise and re-
submit the plan to the Secretary who shall approve
or disapprove the revision within 60 days.
(5) INTERIM PROGRAM.—Prior to adoption of
the Partnership’s plan, the Secretary and the Part-
nership shall assist the owners and managers of
lands and waters within the recreation area to en-
sure that existing programs, services, and activities
that promote the purposes of this section are sup-
ported.