297
ued by the Forest Service unless there is reasonable cause 
to terminate the agreement or permit, as determined by the 
Secretary. 
SEC. 344. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS. 
The maps of the land transferred by this subtitle shall 
be on file and available for public inspection in the appro-
priate offices of—
(1) the Bureau of Land Management; 
(2) the Forest Service; 
(3) the National Park Service; and 
(4) the United States Fish and Wildlife Service. 
Subtitle D—Public Conveyances 
SEC. 351. CONVEYANCE TO THE STATE OF NEVADA. 
(a) CONVEYANCE.—Notwithstanding section 202 of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712), the Secretary shall convey to the State, sub-
ject to valid existing rights, for no consideration, all right, 
title, and interest of the United States in and to the parcels 
of land described in subsection (b) if the State and the 
County enter into a written agreement supporting the con-
veyance. 
(b) DESCRIPTION OF LAND.—The parcels of land re-
ferred to in subsection (a) are—
(1) the approximately 6,281 acres of Bureau of 
Land Management land identified as ‘‘Steptoe Valley
298
Wildlife Management Area Expansion Proposal’’ on 
the map entitled ‘‘Ely, Nevada Area’’ and dated No-
vember 29, 2006; 
(2) the approximately 658 acres of Bureau of 
Land Management land identified as ‘‘Ward Charcoal 
Ovens Expansion’’ on the map entitled ‘‘Ely, Nevada 
Area’’ and dated November 29, 2006; and 
(3) the approximately 2,960 acres of Forest Serv-
ice identified as ‘‘Cave Lake State Park Expansion’’ 
on the map entitled ‘‘Ely, Nevada Area’’ and dated 
November 29, 2006. 
(c) COSTS.—Any costs relating to a conveyance under 
subsection (a), including costs for surveys and other admin-
istrative costs, shall be paid by the State. 
(d) USE OF LAND.—
(1) IN GENERAL.—Any parcel of land conveyed 
to the State under subsection (a) shall be used only 
for—
(A) the conservation of wildlife or natural 
resources; or 
(B) a public park. 
(2) FACILITIES.—Any facility on a parcel of 
land conveyed under subsection (a) shall be con-
structed and managed in a manner consistent with 
the uses described in paragraph (1).
299
(e) REVERSION.—If a parcel of land conveyed under 
subsection (a) is used in a manner that is inconsistent with 
the uses described in subsection (d), the parcel of land shall, 
at the discretion of the Secretary, revert to the United 
States. 
SEC. 352. CONVEYANCE TO WHITE PINE COUNTY, NEVADA. 
(a) IN GENERAL.—Notwithstanding section 202 of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712), the Secretary shall convey to the County, 
without consideration, all right, title, and interest of the 
United States in and to the parcels of land described in 
subsection (b). 
(b) DESCRIPTION OF LAND.—The parcels of land re-
ferred to in subsection (a) are—
(1) the approximately 1,551 acres of land identi-
fied on the map entitled ‘‘Ely, Nevada Area’’, dated 
November 29, 2006, as the Airport Expansion; and 
(2) the approximately 202 acres of land identi-
fied on the map entitled ‘‘Ely, Nevada Area’’, dated 
November 29, 2006, as the Industrial Park Expan-
sion. 
(c) AUTHORIZED USES.—
(1) AIRPORT EXPANSION.—The parcel of land de-
scribed in subsection (b)(1) shall be used by the Coun-
ty to expand the Ely Airport.
300
(2) INDUSTRIAL PARK EXPANSION.—The parcel 
of land described in subsection (b)(2) shall be used by 
the County to expand the White Pine County Indus-
trial Park. 
(3) USE OF CERTAIN LAND FOR NONRESIDENTIAL 
DEVELOPMENT.—
(A) IN GENERAL.—After conveyance to the 
County of the land described in subsection (b), 
the County may sell, lease, or otherwise convey 
any portion of the land conveyed for purposes of 
nonresidential development relating to the au-
thorized uses described in paragraphs (1) and 
(2). 
(B) METHOD OF SALE.—The sale, lease, or 
conveyance of land under subparagraph (A) shall 
be—
(i) through a competitive bidding proc-
ess; and 
(ii) for not less than fair market value. 
(C) DISPOSITION OF PROCEEDS.—The gross 
proceeds from the sale, lease, or conveyance of 
land under subparagraph (A) shall be distrib-
uted in accordance with section l12. 
(d) REVERSION.—If a parcel of land conveyed under 
subsection (a) is used in a manner that is inconsistent with
301
the use described for the parcel in paragraph (1), (2), or 
(3) of subsection (c), the parcel of land shall, at the discre-
tion of the Secretary, revert to the United States. 
Subtitle E—Silver State Off-
Highway Vehicle Trail 
SEC. 355. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. 
(a) STUDY.—
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall 
complete a study of routes (with emphasis on roads 
and trails in existence on the date of enactment of 
this Act) in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
the Silver State Off-Highway Vehicle Trail (referred 
to in this section as the ‘‘Trail’’). 
(2) PREFERRED
ROUTE.—Based on the study 
conducted under paragraph (1), the Secretary, in con-
sultation with the State, the County, and any inter-
ested persons, shall identify the preferred route for the 
Trail. 
(b) DESIGNATION OF TRAIL.—
(1) IN GENERAL.—Subject to paragraph (2), not 
later than 90 days after the date on which the study 
is completed under subsection (a), the Secretary shall 
designate the Trail.
302
(2) LIMITATIONS.—The Secretary shall designate 
the Trail only if the Secretary—
(A) determines that the route of the Trail 
would not have significant negative impacts on 
wildlife, natural or cultural resources, or tradi-
tional uses; and 
(B) ensures that the Trail designation—
(i) is an effort to extend the Silver 
State Off-Highway Vehicle Trail designated 
under section 401(b) of the Lincoln County 
Conservation, Recreation, and Development 
Act of 2004 (16 U.S.C. 1244 note; Public 
Law 108–424); and 
(ii) is limited to—
(I) 1 route that generally runs in 
a north-south direction; and 
(II) 1 potential spur running 
west. 
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage 
the Trail in a manner that—
(A) is consistent with any motorized and 
mechanized uses of the Trail that are authorized 
on the date of enactment of this Act under appli-
303
cable Federal and State laws (including regula-
tions); 
(B) ensures the safety of the individuals 
who use the Trail; and 
(C) does not damage sensitive wildlife habi-
tat, natural, or cultural resources. 
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 2 years 
after the date of designation of the Trail, the 
Secretary, in consultation with the State, the 
County, and any other interested persons, shall 
complete a management plan for the Trail. 
(B) COMPONENTS.—The management plan 
shall—
(i) describe the appropriate uses and 
management of the Trail; 
(ii) authorize the use of motorized and 
mechanized vehicles on the Trail; and 
(iii) describe actions carried out to pe-
riodically evaluate and manage the appro-
priate levels of use and location of the Trail 
to minimize environmental impacts and 
prevent damage to cultural resources from 
the use of the Trail. 
(3) MONITORING AND EVALUATION.—
304
(A) ANNUAL ASSESSMENT.—The Secretary 
shall annually assess—
(i) the effects of the use of off-highway 
vehicles on the Trail to minimize environ-
mental impacts and prevent damage to cul-
tural resources from the use of the Trail; 
and 
(ii) in consultation with the Nevada 
Department of Wildlife, the effects of the 
Trail on wildlife and wildlife habitat to 
minimize environmental impacts from the 
use of the Trail. 
(B) CLOSURE.—The Secretary, in consulta-
tion with the State and the County and subject 
to subparagraph (C), may temporarily close or 
permanently reroute a portion of the Trail if the 
Secretary determines that—
(i) the Trail is having an adverse im-
pact on—
(I) wildlife habitats; 
(II) natural resources; 
(III) cultural resources; or 
(IV) traditional uses; 
(ii) the Trail threatens public safety;
305
(iii) closure of the Trail is necessary to 
repair damage to the Trail; or 
(iv) closure of the Trail is necessary to 
repair resource damage. 
(C) REROUTING.—Any portion of the Trail 
that is temporarily closed may be permanently 
rerouted along existing roads and trails on pub-
lic land open to motorized use if the Secretary 
determines that rerouting the portion of the 
Trail would not significantly increase or de-
crease the length of the Trail. 
(D) NOTICE.—The Secretary shall provide 
information to the public with respect to any 
routes on the Trail that are closed under sub-
paragraph (B), including through the provision 
of appropriate signage along the Trail. 
(4) NOTICE OF OPEN ROUTES.—The Secretary 
shall ensure that visitors to the Trail have access to 
adequate notice relating to the routes on the Trail 
that are open through—
(A) the provision of appropriate signage 
along the Trail; and 
(B) the distribution of maps, safety edu-
cation materials, and any other information that 
the Secretary determines to be appropriate.
306
(d) NO EFFECT ON NON-FEDERAL LAND AND INTER-
ESTS IN LAND.—Nothing in this section affects the owner-
ship or management of, or other rights relating to, non-
Federal land or interests in non-Federal land. 
Subtitle F—Transfer of Land to Be 
Held in Trust for the Ely Sho-
shone Tribe. 
SEC. 361. TRANSFER OF LAND TO BE HELD IN TRUST FOR 
THE ELY SHOSHONE TRIBE. 
(a) IN GENERAL.—Subject to valid existing rights, all 
right, title, and interest of the United States in and to the 
land described in subsection (b)—
(1) shall be held in trust by the United States for 
the benefit of the Ely Shoshone Tribe (referred to in 
this section as the ‘‘Tribe’’); and 
(2) shall be part of the reservation of the Tribe. 
(b) DESCRIPTION OF LAND.—The land referred to in 
subsection (a) consists of parcels 1, 2, 3, and 4, totaling 
the approximately 3,526 acres of land that are identified 
on—
(1) the Ely, Nevada Area map dated November 
29, 2006; and 
(2) the Eastern White Pine County map dated 
November 29, 2006, as the ‘‘Ely Shoshone Expan-
sion’’.
307
(c) SURVEY.—Not later than 180 days after the date 
of enactment of this Act, the Bureau of Land Management 
shall complete a survey of the boundary lines to establish 
the boundaries of the trust land. 
(d) CONDITIONS.—
(1) GAMING.—Land taken into trust under sub-
section (a) shall not be—
(A) considered to have been taken into trust 
for gaming (as that term is used in the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.)); and 
(B) used for gaming. 
(2) TRUST LAND FOR CEREMONIAL USE.—With 
respect to the use of the land identified on the map 
as ‘‘Ely Shoshone Expansion’’ and marked as ‘‘3’’, 
the Tribe—
(A) shall limit the use of the surface of the 
land to traditional and customary uses and 
stewardship conservation for the benefit of the 
Tribe; and 
(B) shall not permit any permanent resi-
dential or recreational development on, or com-
mercial use of, the surface of the land, including 
commercial development or gaming.
308
(3) THINNING; LANDSCAPE RESTORATION.—With 
respect to land taken into trust under subsection (a), 
the Forest Service and the Bureau of Land Manage-
ment may, in consultation and coordination with the 
Tribe, carry out any thinning and other landscape 
restoration work on the trust land that is beneficial 
to the Tribe and the Forest Service or the Bureau of 
Land Management. 
Subtitle G—Eastern Nevada 
Landscape Restoration Project. 
SEC. 371. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) there is an increasing threat of wildfire in 
the Great Basin; 
(2) those wildfires—
(A) endanger homes and communities; 
(B) damage or destroy watersheds and soils; 
and 
(C) pose a serious threat to the habitat of 
threatened and endangered species; 
(3) forest land and rangeland in the Great Basin 
are degraded as a direct consequence of land manage-
ment practices (including practices to control and 
prevent wildfires) that disrupt the occurrence of fre-
309
quent low-intensity fires that have periodically re-
moved flammable undergrowth; and 
(4) additional scientific information is needed in 
the Great Basin for—
(A) the design, implementation, and adap-
tation of landscape-scale restoration treatments; 
and 
(B) the improvement of wildfire manage-
ment technology and practices. 
(b) PURPOSES.—The purposes of this subtitle are to—
(1) support the Great Basin Restoration Initia-
tive through the implementation of the Eastern Ne-
vada Landscape Restoration Project; and 
(2) ensure resilient and healthy ecosystems in the 
Great Basin by restoring native plant communities 
and natural mosaics on the landscape that function 
within the parameters of natural fire regimes. 
SEC. 372. DEFINITIONS. 
In this subtitle: 
(1) INITIATIVE.—The term ‘‘Initiative’’ means 
the Great Basin Restoration Initiative. 
(2) PROJECT.—The term ‘‘Project’’ means the 
Eastern Nevada Landscape Restoration Project au-
thorized under section l73(a).
310
(3) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means the Secretary of Agriculture and the Secretary 
of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
SEC. 373. RESTORATION PROJECT. 
(a) IN GENERAL.—In accordance with all applicable 
Federal laws, the Secretaries shall carry out the Eastern 
Nevada Landscape Restoration Project to—
(1) implement the Initiative; and 
(2) restore native rangelands and native wood-
land (including riparian and aspen communities) in 
White Pine and Lincoln Counties in the State. 
(b) GRANTS; COOPERATIVE AGREEMENT.—In carrying 
out the Project—
(1) the Secretaries may make grants to the East-
ern Nevada Landscape Coalition, the Great Basin In-
stitute, and other entities for the study and restora-
tion of rangeland and other land in the Great 
Basin—
(A) to assist in—
(i) reducing hazardous fuels; and 
(ii) restoring native rangeland and 
woodland; and 
(B) for other related purposes; and
311
(2) notwithstanding sections 6301 through 6308, 
of title 31, United States Code, the Director of the Bu-
reau of Land Management and the Chief of the Forest 
Service may enter into an agreement with the East-
ern Nevada Landscape Coalition, the Great Basin In-
stitute, and other entities to provide for the conduct 
of scientific analyses, hazardous fuels and mechanical 
treatments, and related work. 
(c) RESEARCH FACILITY.—The Secretaries may con-
duct a feasibility study on the potential establishment of 
an interagency science center, including a research facility 
and experimental rangeland in the eastern portion of the 
State. 
(d) FUNDING.—Section 4(e)(3)(A) of the Southern Ne-
vada Public Land Management Act of 1998 (Public Law 
105–263; 112 Stat. 2346; 116 Stat. 2007; 118 Stat. 2414) 
is amended—
(1) by redesignating clause (viii) as clause (ix); 
and 
(2) by inserting after clause (vii) the following: 
‘‘(viii) to carry out the Eastern Ne-
vada Landscape Restoration Project in 
White Pine County, Nevada and Lincoln 
County, Nevada; and’’.
312
Subtitle 
H—Amendments 
to 
the 
Southern Nevada Public Land 
Management Act of 1998
SEC. 381. FINDINGS. 
Section 2(a)(3) of the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105–263; 112 Stat. 
2343) is amended by inserting ‘‘the Sloan Canyon National 
Conservation Area,’’ before ‘‘and the Spring Mountains’’. 
SEC. 382. AVAILABILITY OF SPECIAL ACCOUNT. 
Section 4(e) of the Southern Nevada Public Land Man-
agement Act of 1998 (Public Law 105–263; 112 Stat. 2346; 
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414) is amend-
ed—
(1) in paragraph (3)—
(A) in subparagraph (A)—
(i) by striking ‘‘may be expended’’ and 
inserting ‘‘shall be expended’’; 
(ii) in clause (ii)—
(I) by inserting ‘‘, the Great 
Basin National Park,’’ after ‘‘the Red 
Rock Canyon National Conservation 
Area’’; 
(II) by inserting ‘‘and the Forest 
Service’’ after ‘‘the Bureau of Land 
Management’’; and
313
(III) by striking ‘‘Clark and Lin-
coln Counties’’ and inserting ‘‘Clark, 
Lincoln, and White Pine Counties’’; 
(iii) in clause (iii), by inserting ‘‘and 
implementation’’ before ‘‘of a multispecies 
habitat’’; 
(iv) in clause (iv), by striking ‘‘Clark 
and Lincoln Counties,’’ and inserting 
‘‘Clark, Lincoln, and White Pine Counties 
and Washoe County (subject to paragraph 
(4)),’’; 
(v) in clause (v), by striking ‘‘Clark 
and 
Lincoln 
Counties’’ 
and 
inserting 
‘‘Clark, Lincoln, and White Pine Counties’’; 
(vi) in clause (vii)—
(I) by striking ‘‘for development’’ 
and inserting ‘‘development’’; and 
(II) by striking ‘‘and’’ at the end; 
(vii) by redesignating clauses (viii) 
and (ix) (as amended by section l73(d)) 
as clauses (x) and (xi), respectively; and 
(viii) by inserting after clause (vii) the 
following: 
‘‘(viii) reimbursement of any costs in-
curred by the Bureau of Land Management
314
to clear debris from and protect land that 
is—
‘‘(I) located in the disposal bound-
ary described in subsection (a); and 
‘‘(II) reserved for affordable hous-
ing; 
‘‘(ix) development and implementation 
of comprehensive, cost-effective, multijuris-
dictional hazardous fuels reduction and 
wildfire prevention plans (including sus-
tainable biomass and biofuels energy devel-
opment and production activities) for the 
Lake Tahoe Basin (to be developed in con-
junction with the Tahoe Regional Planning 
Agency), the Carson Range in Douglas and 
Washoe Counties and Carson City in the 
State, and the Spring Mountains in the 
State, that are—
‘‘(I) subject to approval by the 
Secretary; and 
‘‘(II) not more than 10 years in 
duration;’’; and 
(B) by inserting after subparagraph (C) the 
following:
315
‘‘(D) TRANSFER REQUIREMENT.—Subject to 
such terms and conditions as the Secretary may 
prescribe, and notwithstanding any other provi-
sion of law—
‘‘(i) for amounts that have been au-
thorized for expenditure under subpara-
graph (A)(iv) but not transferred as of the 
date of enactment of this subparagraph, the 
Secretary shall, not later than 60 days after 
a request for funds from the applicable unit 
of local government or regional govern-
mental entity, transfer to the applicable 
unit of local government or regional govern-
mental entity the amount authorized for the 
expenditure; and 
‘‘(ii) for expenditures authorized under 
subparagraph (A)(iv) that are approved by 
the Secretary, the Secretary shall, not later 
than 60 days after a request for funds from 
the applicable unit of local government or 
regional governmental entity, transfer to the 
applicable unit of local government or re-
gional governmental entity the amount ap-
proved for expenditure.’’; and 
(2) by adding at the end the following:
316
‘‘(4) LIMITATION FOR WASHOE COUNTY.—Until 
December 31, 2011, Washoe County shall be eligible to 
nominate for expenditure amounts to acquire land 
(not to exceed 250 acres) and develop 1 regional park 
and natural area.’’. 
Subtitle I—Amendments to the Lin-
coln 
County 
Conservation, 
Recreation, 
and 
Development 
Act of 2004
SEC. 391. DISPOSITION OF PROCEEDS. 
Section 103(b)(2) of the Lincoln County Conservation, 
Recreation, and Development Act of 2004 (Public Law 108–
424; 118 Stat. 2405) is amended by inserting ‘‘education, 
planning,’’ after ‘‘social services,’’. 
Subtitle J—All American Canal 
Projects 
SEC. 395. ALL AMERICAN CANAL LINING PROJECT. 
(a) DUTIES OF THE SECRETARY.—Notwithstanding 
any other provision of law, upon the date of enactment of 
this Act, the Secretary shall, without delay, carry out the 
All American Canal Lining Project identified—
(1) as the preferred alternative in the record of 
decision for that project, dated July 29, 1994; and
317
(2) in the allocation agreement allocating water 
from the All American Canal Lining Project, entered 
into as of October 10, 2003. 
(b) DUTIES OF COMMISSIONER OF RECLAMATION.—
(1) IN GENERAL.—Subject to paragraph (2), if a 
State conducts a review or study of the implications 
of the All American Canal Lining Project as carried 
out under subsection (a), upon request from the Gov-
ernor of the State, the Commissioner of Reclamation 
shall cooperate with the State, to the extent prac-
ticable, in carrying out the review or study. 
(2) RESTRICTION OF DELAY.—A review or study 
conducted by a State under paragraph (1) shall not 
delay the carrying out by the Secretary of the All 
American Canal Lining Project. 
SEC. 396. REGULATED STORAGE WATER FACILITY. 
(a) CONSTRUCTION, OPERATION, AND MAINTENANCE 
OF FACILITY.—Notwithstanding any other provision of law, 
upon the date of enactment of this Act, the Secretary shall, 
without delay, pursuant to the Act of January 1, 1927 (44 
Stat. 1010, chapter 47) (commonly known as the ‘‘River 
and Harbor Act of 1927’’), as amended, design and provide 
for the construction, operation, and maintenance of a regu-
lated water storage facility (including all incidental works 
that are reasonably necessary to operate the storage facility)
318
to provide additional storage capacity to reduce nonstorable 
flows on the Colorado River below Parker Dam. 
(b) LOCATION OF FACILITY.—The storage facility (in-
cluding all incidental works) described in subsection (a) 
shall be located at or near the All American Canal. 
SEC. 397. APPLICATION OF LAW. 
The Treaty between the United States of America and 
Mexico relating to the utilization of waters of the Colorado 
and Tijuana Rivers and of the Rio Grande, and supple-
mentary protocol signed November 14, 1944, signed at 
Washington February 3, 1944 (59 Stat. 1219) is the exclu-
sive authority for identifying, considering, analyzing, or 
addressing impacts occurring outside the boundary of the 
United States of works constructed, acquired, or used within 
the territorial limits of the United States. 
TITLE IV—OTHER PROVISIONS 
SEC. 401. TOBACCO PERSONAL USE QUANTITY EXCEPTION 
TO NOT APPLY TO DELIVERY SALES. 
(a) DEFINITIONS.—Section 801 of the Tariff Act of 
1930 (19 U.S.C. 1681) is amended by adding at the end 
the following: 
‘‘(3) DELIVERY SALE.—The term ‘delivery sale’ 
means any sale of cigarettes or a smokeless tobacco 
product to a consumer if—
319
‘‘(A) the consumer submits the order for 
such sale by means of a telephone or other meth-
od of voice transmission, the mail, or the Inter-
net or other online service, or the seller is other-
wise not in the physical presence of the buyer 
when the request for purchase or order is made; 
or 
‘‘(B) the cigarettes or smokeless tobacco 
product is delivered by use of a common carrier, 
private delivery service, or the mail, or the seller 
is not in the physical presence of the buyer when 
the buyer obtains personal possession of the de-
livered cigarettes or smokeless tobacco product.’’. 
(b) INAPPLICABILITY
OF EXEMPTIONS FROM RE-
QUIREMENTS FOR ENTRY OF CERTAIN CIGARETTES AND 
SMOKELESS TOBACCO PRODUCTS.—Section 802(b)(1) of 
the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended 
by adding at the end the following new sentence: ‘‘The pre-
ceding sentence shall not apply to any cigarettes or smoke-
less tobacco products sold in connection with a delivery 
sale.’’. 
(c) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—
Section 802 of the Tariff Act of 1930 (19 U.S.C. 1681a) 
is amended by adding at the end the following new sub-
section:
320
‘‘(d) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—
A State, through its Attorney General, shall be entitled to 
obtain copies of any certification required under subsection 
(c) directly—
‘‘(1) upon request to the agency of the United 
States responsible for collecting such certification; or 
‘‘(2) upon request to the importer, manufacturer, 
or authorized official of such importer or manufac-
turer.’’. 
(d) ENFORCEMENT PROVISIONS.—Section 803(b) of 
the Tariff Act of 1930 (19 U.S.C. 1681b(b)) is amended—
(1) in the first sentence, by inserting before the 
period at the end the following: ‘‘, or to any State in 
which such tobacco product, cigarette papers, or tube 
is found’’; and 
(2) in the second sentence, by inserting ‘‘, or to 
any State,’’ after ‘‘the United States’’. 
(e) INCLUSION OF SMOKELESS TOBACCO.—
(1) Sections 802 and 803(a) of the Tariff Act of 
1930 (19 U.S.C. 1681a and 1681b(a)) (other than the 
last sentence of section 802(b)(1), as added by sub-
section (b) of this section) are further amended by in-
serting ‘‘or smokeless tobacco products’’ after ‘‘ciga-
rettes’’ each place it appears. 
(2) Section 802 of such Act is further amended—
321
(A) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘or 
section 4 of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (15 
U.S.C. 4403), as the case may be’’ after 
‘‘section 7 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1335a)’’; 
(ii) in paragraph (2), by inserting ‘‘or 
section 3 of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (15 
U.S.C. 4402), as the case may be,’’ after 
‘‘section 4 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1333)’’; and 
(iii) in paragraph (3), by inserting 
‘‘or section 3(d) of the Comprehensive 
Smokeless Tobacco Health Education Act of 
1986 (15 U.S.C. 4402(d)), as the case may 
be’’ after ‘‘section 4(c) of the Federal Ciga-
rette Labeling and Advertising Act (15 
U.S.C. 1333(c))’’; 
(B) in subsection (b)—
(i) in the heading of paragraph (1), by 
inserting ‘‘OR SMOKELESS TOBACCO PROD-
UCTS’’ after ‘‘CIGARETTES’’; and
322
(ii) in the heading of paragraphs (2) 
and (3), by inserting ‘‘OR SMOKELESS TO-
BACCO
PRODUCTS’’ after ‘‘CIGARETTES’’; 
and 
(C) in subsection (c)—
(i) in the heading, by inserting ‘‘OR 
SMOKELESS TOBACCO PRODUCT’’ after ‘‘CIG-
ARETTE’’; 
(ii) in paragraph (1), by inserting ‘‘or 
section 4 of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (15 
U.S.C. 4403), as the case may be’’ after 
‘‘section 7 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1335a)’’; 
(iii) in paragraph (2)(A), by inserting 
‘‘or section 3 of the Comprehensive Smoke-
less Tobacco Health Education Act of 1986 
(15 U.S.C. 4402), as the case may be,’’ after 
‘‘section 4 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1333)’’; and 
(iv) in paragraph (2)(B), by inserting 
‘‘or section 3(d) of the Comprehensive 
Smokeless Tobacco Health Education Act of 
1986 (15 U.S.C. 4402(d)), as the case may 
be’’ after ‘‘section 4(c) of the Federal Ciga-
323
rette Labeling and Advertising Act (15 
U.S.C. 1333(c))’’. 
(3) Section 803(b) of such Act, as amended by 
subsection (d)(1) of this section, is further amended 
by inserting ‘‘, or any smokeless tobacco product,’’ 
after ‘‘or tube’’ the first place it appears. 
(4)(A) The heading of title VIII of such Act is 
amended by inserting ‘‘AND SMOKELESS TO-
BACCO PRODUCTS’’ after ‘‘CIGARETTES’’. 
(B) The heading of section 802 of such Act is 
amended by inserting ‘‘AND SMOKELESS TOBACCO 
PRODUCTS’’ after ‘‘CIGARETTES’’. 
(f) APPLICATION OF CIVIL PENALTIES TO RELANDINGS 
OF TOBACCO PRODUCTS SOLD IN A DELIVERY SALE.—
(1) IN GENERAL.—Section 5761 of the Internal 
Revenue Code of 1986 (relating to civil penalties) is 
amended by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively, and inserting 
after subsection (c) the following new subsection: 
‘‘(d) PERSONAL USE QUANTITIES.—
‘‘(1) IN GENERAL.—No quantity of tobacco prod-
ucts other than the quantity referred to in paragraph 
(2) may be relanded or received as a personal use 
quantity.
324
‘‘(2) EXCEPTION
FOR
PERSONAL
USE
QUAN-
TITY.—Subsection (c) and section 5754 shall not 
apply to any person who relands or receives tobacco 
products in the quantity allowed entry free of tax and 
duty under chapter 98 of the Harmonized Tariff 
Schedule of the United States, and such person may 
voluntarily relinquish to the Secretary at the time of 
entry any excess of such quantity without incurring 
the penalty under subsection (c). 
‘‘(3) SPECIAL RULE FOR DELIVERY SALES.—
‘‘(A) IN
GENERAL.—Paragraph (2) shall 
not apply to any tobacco product sold in connec-
tion with a delivery sale. 
‘‘(B) DELIVERY
SALE.—For purposes of 
subparagraph (A), the term ‘delivery sale’ means 
any sale of a tobacco product to a consumer if—
‘‘(i) the consumer submits the order for 
such sale by means of a telephone or other 
method of voice transmission, the mail, or 
the Internet or other online service, or the 
seller is otherwise not in the physical pres-
ence of the buyer when the request for pur-
chase or order is made, or 
‘‘(ii) the tobacco product is delivered 
by use of a common carrier, private deliv-
325
ery service, or the mail, or the seller is not 
in the physical presence of the buyer when 
the buyer obtains personal possession of the 
tobacco product.’’. 
(2) CONFORMING AMENDMENTS.—
(A) Subsection (c) of section 5761 of such 
Code is amended by striking the last two sen-
tences. 
(B) Paragraph (1) of section 5754(c) of 
such Code is amended by striking ‘‘section 
5761(c)’’ and inserting ‘‘section 5761(d)’’. 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to goods entered, or with-
drawn from warehouse for consumption, on or after the 
15th day after the date of the enactment of this Act. 
SEC. 402. ETHANOL TARIFF SCHEDULE. 
Headings 9901.00.50 and 9901.00.52 of the Har-
monized Tariff Schedule of the United States are each 
amended in the effective period column by striking ‘‘10/1/
2007’’ each place it appears and inserting ‘‘1/1/2009’’.
326
SEC. 403. WITHDRAWAL OF CERTAIN FEDERAL LAND AND 
INTERESTS 
IN 
CERTAIN 
FEDERAL 
LAND 
FROM 
LOCATION, 
ENTRY, 
AND 
PATENT 
UNDER THE MINING LAWS AND DISPOSITION 
UNDER THE MINERAL AND GEOTHERMAL 
LEASING LAWS. 
(a) DEFINITIONS.—In this section: 
(1) BUREAU OF LAND MANAGEMENT LAND.—The 
term ‘‘Bureau of Land Management land’’ means the 
Bureau of Land Management land and any federally-
owned minerals located south of the Blackfeet Indian 
Reservation and east of the Lewis and Clark National 
Forest to the eastern edge of R. 8 W., beginning in 
T. 29 N. down to and including T. 19 N. and all of 
T. 18 N., R. 7 W. 
(2) ELIGIBLE FEDERAL LAND.—The term ‘‘eligi-
ble Federal land’’ means the Bureau of Land Manage-
ment land and the Forest Service land, as generally 
depicted on the map. 
(3) FOREST SERVICE LAND.—The term ‘‘Forest 
Service land’’ means—
(A) the Forest Service land and any feder-
ally-owned minerals located in the Rocky Moun-
tain Division of the Lewis and Clark National 
Forest, including the approximately 356,111 
acres of land made unavailable for leasing by the
327
August 28, 1997, Record of Decision for the 
Lewis and Clark National Forest Oil and Gas 
Leasing Environmental Impact Statement and 
that is located from T. 31 N. to T. 16 N. and 
R. 13 W. to R. 7 W.; and 
(B) the Forest Service land and any feder-
ally-owned minerals located within the Badger 
Two Medicine area of the Flathead National 
Forest, including—
(i) the land located in T. 29 N. from 
the western edge of R. 16 W. to the eastern 
edge of R. 13 W.; and 
(ii) the land located in T. 28 N., Rs. 
13 and 14 W. 
(4) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Rocky Mountain Front Mineral Withdrawal 
Area’’ and dated December 31, 2006. 
(b) WITHDRAWAL.—
(1) IN
GENERAL.—Subject to valid existing 
rights, the eligible Federal land (including any inter-
est in the eligible Federal land) is withdrawn from—
(A) all forms of location, entry, and patent 
under the mining laws; and 
(B) disposition under all laws relating to 
mineral and geothermal leasing.