238
of the permit and any modification, reissuance, or renewal
thereof. Unless the Secretary requests otherwise of the
Secretary of the Interior, such withdrawal shall be can-
celed automatically upon expiration or other termination
of the permit and the land automatically restored to all
appropriation not otherwise restricted under the public
land laws.
SEC. 702. DELAWARE WATER GAP.
(a) IN GENERAL.—Effective at noon on September
30, 2005, the use of Highway 209 within Delaware Water
Gap National Recreation Area by commercial vehicles,
when such use is not connected with the operation of the
recreation area, is prohibited, except as provided in sub-
section (b).
(b) LOCAL BUSINESS USE PROTECTED.—Subsection
(a) does not apply with respect to the use of commercial
vehicles to serve businesses located within or in the vicinity
of the recreation area, as determined by the Secretary.
(c) CONFORMING PROVISIONS.—
(1) Paragraphs (1) through (3) of the third un-
designated paragraph under the heading ‘‘ADMIN-
ISTRATIVE PROVISIONS’’ in chapter VII of title
I of Public Law 98–63 (97 Stat. 329) are repealed,
effective September 30, 2005.
239
(2) Prior to noon on September 30, 2005, the
Secretary shall collect and utilize a commercial use
fee from commercial vehicles in accordance with
paragraphs (1) through (3) of such third undesig-
nated paragraph. Such fee shall not exceed $25 per
trip.
SEC. 703. GLACIER BAY NATIONAL PARK.
Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–
2(g)) is amended by: striking ‘‘and park programs’’ and
inserting the following at the end: ‘‘Sixty percent of the
fees paid by permittees for the privilege of entering into
Glacier Bay for the period beginning on the first full fiscal
year following the date of enactment of this sentence shall
be deposited into a special account and that such funds
shall be available—
‘‘(1) to the extent determined necessary, to ac-
quire and preposition necessary and adequate emer-
gency response equipment to prevent harm or the
threat of harm to aquatic park resources from per-
mittees; and
‘‘(2) to conduct investigations to quantify any
effect of permittees’ activity on wildlife and other
natural resource values of Glacier Bay National
Park. The investigations provided for in this sub-
section shall be designed to provide information of
240
value to the Secretary, in determining any appro-
priate limitations on permittees’ activity in Glacier
Bay. The Secretary may not impose any additional
permittee operating conditions in the areas of air,
water, and oil pollution beyond those determined and
enforced by other appropriate agencies. When com-
petitively awarding permits to enter Glacier Bay, the
Secretary may take into account the relative impact
particular permittees will have on park values and
resources, provided that no operating conditions or
limitations relating to noise abatement shall be im-
posed unless the Secretary determines, based on the
weight of the evidence from all available studies in-
cluding verifiable scientific information from the in-
vestigations provided for in this subsection, that
such limitations or conditions are necessary to pro-
tect park values and resources. Fees paid by certain
permittees for the privilege of entering into Glacier
Bay shall not exceed $5 per passenger. For the pur-
poses of this subsection, ‘certain permittee’ shall
mean a permittee which provides overnight accom-
modations for at least 500 passengers for an itin-
erary of at least 3 nights, and ‘permittee’ shall mean
a concessionaire providing visitor services within
Glacier Bay. Nothing in this subsection authorizes
241
the Secretary to require additional categories of per-
mits in, or otherwise increase the number of permits
to enter Glacier Bay National Park.’’.
TITLE 
VIII—MISCELLANEOUS
ADMINISTRATIVE AND MAN-
AGEMENT PROVISIONS
SEC. 801. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limi-
tation on the expenditure of funds for park buildings)
under the heading ‘‘MISCELLANEOUS OBJECTS, DE-
PARTMENT OF THE INTERIOR’’, which appears
under the heading ‘‘UNDER THE DEPARTMENT OF
THE INTERIOR’’, as contained in the first section of
the Act of August 24, 1912 (37 Stat. 460), as amended
(16 U.S.C. 451), is hereby repealed.
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF
CHILDREN.
The first section of the Act of August 7, 1946 (16
U.S.C. 17j–2), is amended by adding at the end the follow-
ing:
‘‘(j) Provide transportation for children in nearby
communities to and from any unit of the National Park
System used in connection with organized recreation and
interpretive programs of the National Park Service.’’.
242
SEC. 803. FERAL BURROS AND HORSES.
(a) VEHICLES AND AIRCRAFT.—Section 9 of the Act
of December 15, 1971 (16 U.S.C. 1338a), is amended by
adding at the end thereof the following: ‘‘Nothing in this
title shall be deemed to limit the authority of the Secretary
in the management of units of the National Park System,
and the Secretary may, without regard either to the provi-
sions of this title, or the provisions of section 47(a) of title
18, United States Code, use motor vehicles, fixed-wing air-
craft, or helicopters, or to contract for such use, in fur-
therance of the management of the National Park System,
and section 47(a) of title 18, United States Code, shall
be applicable to such use.’’.
(b) OZARK NATIONAL SCENIC RIVERWAYS.—Section
7 of the Act entitled ‘‘An Act to provide for the establish-
ment of the Ozark National Scenic Riverways in the State
of Missouri, and for other purposes’’, approved August 27,
1964 (16 U.S.C. 460m–6), is amended to read as follows:
‘‘SEC. 7. (a) The Secretary, in accordance with this
section, shall allow free-roaming horses in the Ozark Na-
tional Scenic Riverways. Within 180 days after enactment
of this section, the Secretary shall enter into an agreement
with the Missouri Wild Horse League or another qualified
nonprofit entity to provide for management of free-roam-
ing horses. The agreement shall provide for cost-effective
management of the horses and limit Federal expenditures
243
to the costs of monitoring the agreement. The Secretary
shall issue permits for adequate pastures to accommodate
the historic population level of the free-roaming horse
herd, which shall be not less than the number of horses
in existence on the date of the enactment of this section
nor more than 50.
‘‘(b) The Secretary may not remove, or assist in, or
permit the removal of any free-roaming horses from Fed-
eral lands within the boundary of the Ozark National Sce-
nic Riverways unless—
‘‘(1) the entity with whom the Secretary has
entered into the agreement under subsection (a), fol-
lowing notice and a 90-day response period, substan-
tially fails to meet the terms and conditions of the
agreement;
‘‘(2) the number of free-roaming horses exceeds
50; or
‘‘(3) in the case of an emergency or to protect
public health and safety, as defined in the agree-
ment.
‘‘(c) Nothing in this section shall be construed as cre-
ating liability for the United States for any damages
caused by the free-roaming horses to property located in-
side or outside the boundaries of the Ozark National Sce-
nic Riverways.’’.
244
SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTE-
RIOR RELATING TO MUSEUMS.
(a) FUNCTIONS.—The Act entitled ‘‘An Act to in-
crease the public benefits from the National Park System
by facilitating the management of museum properties re-
lating thereto, and for other purposes’’ approved July 1,
1955 (16 U.S.C. 18f), is amended—
(1) in subsection (b) of the first section, by
striking out ‘‘from such donations and bequests of
money’’; and
(2) by adding at the end thereof the following:
‘‘SEC. 2. ADDITIONAL FUNCTIONS.
‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.—In ad-
dition to the functions specified in the first section of this
Act, the Secretary of the Interior may perform the follow-
ing functions in such manner as he shall consider to be
in the public interest:
‘‘(1) Transfer museum objects and museum col-
lections that the Secretary determines are no longer
needed for museum purposes to qualified Federal
agencies, including the Smithsonian Institution, that
have programs to preserve and interpret cultural or
natural heritage, and accept the transfer of museum
objects and museum collections for the purposes of
this Act from any other Federal agency, without re-
imbursement. The head of any other Federal agency
245
may transfer, without reimbursement, museum ob-
jects and museum collections directly to the adminis-
trative jurisdiction of the Secretary of the Interior
for the purpose of this Act.
‘‘(2) Convey museum objects and museum col-
lections that the Secretary determines are no longer
needed for museum purposes, without monetary con-
sideration but subject to such terms and conditions
as the Secretary deems necessary, to private institu-
tions exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 and
to non-Federal governmental entities if the Secretary
determines that the recipient is dedicated to the
preservation and interpretation of natural or cultural
heritage and is qualified to manage the property,
prior to any conveyance under this subsection.
‘‘(3) Destroy or cause to be destroyed museum
objects and museum collections that the Secretary
determines to have no scientific, cultural, historic,
educational, esthetic, or monetary value.
‘‘(b) REVIEW AND APPROVAL.—The Secretary shall
ensure that museum collections are treated in a careful
and deliberate manner that protects the public interest.
Prior to taking any action under subsection (a), the Sec-
retary shall establish a systematic review and approval
246
process, including consultation with appropriate experts,
that meets the highest standards of the museum profes-
sion for all actions taken under this section.’’.
(b) APPLICATION AND DEFINITIONS.—The Act enti-
tled ‘‘An Act to increase the public benefits from the Na-
tional Park System by facilitating the management of mu-
seum properties relating thereto, and for other purposes’’
approved July 1, 1955 (16 U.S.C. 18f), as amended by
subsection (a), is further amended by adding the following
after section 2:
‘‘SEC. 3. APPLICATION AND DEFINITIONS.
‘‘(a) APPLICATION.—Authorities in this Act shall be
available to the Secretary of the Interior with regard to
museum objects and museum collections that were under
the administrative jurisdiction of the Secretary for the
purposes of the National Park System before the date of
enactment of this section as well as those museum objects
and museum collections that may be acquired on or after
such date.
‘‘(b) DEFINITION.—For the purposes of this Act, the
terms ‘museum objects’ and ‘museum collections’ mean
objects that are eligible to be or are made part of a mu-
seum, library, or archive collection through a formal proce-
dure, such as accessioning. Such objects are usually mov-
able and include but are not limited to prehistoric and his-
247
toric artifacts, works of art, books, documents, photo-
graphs, and natural history specimens.’’.
SEC. 805. VOLUNTEERS IN PARKS INCREASE.
Section 4 of the Volunteers in the Parks Act of 1969
(16 U.S.C. 18j) is amended by striking out ‘‘$1,000,000’’
and inserting in lieu thereof ‘‘$3,500,000’’.
SEC. 806. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C.
169i–169–1) is amended by striking the terms ‘‘Federal
Lands Cleanup Day’’ each place it appears and inserting
‘‘Carl Garner Federal Lands Cleanup Day’’.
SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA.
Section 4 of the Act of June 26, 1936 (ch. 844; 49
Stat. 1979), is amended by striking ‘‘: Provided, That’’
and all that follows and inserting a period.
SEC. 808. LAURA C. HUDSON VISITOR CENTER.
(a) DESIGNATION.—The visitor center at Jean La-
fitte National Historical Park, located at 419 Rue Decatur
in New Orleans, Louisiana, is hereby designated as the
‘‘Laura C. Hudson Visitor Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, paper, record, map, or any 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 ‘‘Laura
C. Hudson Visitor Center’’.
248
SEC. 809. ROBERT J. LAGOMARSINO VISITOR CENTER.
(a) DESIGNATION.—The visitor center at the Channel
Islands National Park, California, is designated as the
‘‘Robert J. Lagomarsino 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 sec-
tion 301 is deemed to be a reference to the ‘‘Robert J.
Lagomarsino Visitor Center’’.
SEC. 810. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED
BOUNDARY OF ROCKY MOUNTAIN NATIONAL
PARK.
The Secretary of the Interior is authorized to collect
and expend donated funds and expend appropriated funds
for the operation and maintenance of a visitor center to
be constructed for visitors to and administration of Rocky
Mountain National Park with private funds on privately
owned lands located outside the boundary of the park.
SEC. 811. DAYTON AVIATION.
Section 201(b) of the Dayton Aviation Heritage Pres-
ervation Act of 1992 (Public Law 102–419, approved Oc-
tober 16, 1992), is amended as follows:
(1) In paragraph (2), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
249
(2) In paragraph (4), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(3) In paragraph (5), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(4) In paragraph (6), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(5) In paragraph (7), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
SEC. 812. PROHIBITION ON CERTAIN TRANSFERS OF NA-
TIONAL FOREST LANDS.
After the date of the enactment of this Act the Sec-
retary of Agriculture shall not transfer (by exchange or
otherwise) any lands owned by the United States and
managed by the Secretary as part of the Angeles National
Forest to any person unless the instrument of conveyance
contains a restriction, enforceable by the Secretary, on the
future use of such land prohibiting the use of any portion
of such land as a solid waste landfill. Such restriction shall
be promptly enforced by the Secretary when and if a viola-
tion of the restriction occurs.
250
SEC. 813. GRAND LAKE CEMETERY.
(a) AGREEMENT.—Notwithstanding any other law,
not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall enter into an
appropriate form of agreement with the town of Grand
Lake, Colorado, authorizing the town to maintain perma-
nently, under appropriate terms and conditions, a ceme-
tery within the boundaries of the Rocky Mountain Na-
tional Park.
(b) CEMETERY BOUNDARIES.—The cemetery shall be
comprised of approximately 5 acres of land, as generally
depicted on the map entitled ‘‘Grand Lake Cemetery’’ and
dated February 1995.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—The
Secretary of the Interior shall place the map described in
subsection (b) on file, and make the map available for pub-
lic inspection, in the headquarters office of the Rocky
Mountain National Park.
(d) LIMITATION.—The cemetery shall not be ex-
tended beyond the boundaries of the cemetery shown on
the map described in subsection (b).
SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE RE-
FORM.
(a) NATIONAL PARK SERVICE HOUSING IMPROVE-
MENT.—
251
(1) PURPOSES.—The purposes of this section
are—
(A) to develop where necessary an ade-
quate supply of quality housing units for field
employees of the National Park Service within
a reasonable time frame;
(B) to expand the alternatives available for
construction and repair of essential Government
housing;
(C) to rely on the private sector to finance
or supply housing in carrying out this section,
to the maximum extent possible, in order to re-
duce the need for Federal appropriations;
(D) to ensure that adequate funds are
available to provide for long-term maintenance
needs of field employee housing; and
(E) to eliminate unnecessary Government
housing and locate such housing as is required
in a manner such that primary resource values
are not impaired.
(2) GENERAL
AUTHORITY.—To enhance the
ability of the Secretary of the Interior (hereafter in
this subsection referred to as ‘‘the Secretary’’), act-
ing through the Director of the National Park Serv-
ice, to effectively manage units of the National Park
252
System, the Secretary is authorized where necessary
and justified to make available employee housing, on
or off the lands under the administrative jurisdiction
of the National Park Service, and to rent or lease
such housing to field employees of the National Park
Service at rates based on the reasonable value of the
housing in accordance with requirements applicable
under section 5911 of title 5, United States Code.
(3) REVIEW AND REVISION OF HOUSING CRI-
TERIA.—Upon the enactment of this Act, the Sec-
retary shall review and revise the existing criteria
under which housing is provided to employees of the
National Park Service. Specifically, the Secretary
shall examine the existing criteria with respect to
what circumstances the National Park Service re-
quires an employee to occupy Government quarters
to provide necessary services, protect Government
property, or because of a lack of availability of non-
Federal housing in the geographic area.
(4) SUBMISSION OF REPORT.—A report detail-
ing the results of the revisions required by para-
graph (3) shall be submitted to the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate not later than 180 days after the date of the
253
enactment of this Act. The report shall include jus-
tifications for keeping, or for changing, each of the
criteria or factors used by the Department of the In-
terior with regard to the provision of housing to em-
ployees of the National Park Service.
(5) REVIEW OF CONDITION OF AND COSTS RE-
LATING TO HOUSING.—Using the revised criteria de-
veloped under paragraph (3), the Secretary shall un-
dertake a review, for each unit of the National Park
System, of existing government-owned housing pro-
vided to employees of the National Park Service.
The review shall include an assessment of the phys-
ical condition of such housing and the suitability of
such housing to effectively carry out the missions of
the Department of the Interior and the National
Park Service. For each unit of such housing, the
Secretary shall determine whether the unit is needed
and justified. The review shall include estimates of
the cost of bringing each unit that is needed and
justified into usable condition that meets all applica-
ble legal housing requirements or, if the unit is de-
termined to be obsolete but is still warranted to
carry out the missions of the Department of the In-
terior and the National Park Service, the cost of re-
placing the unit.
254
(6) AUTHORIZATION
FOR
HOUSING
AGREE-
MENTS.—For those units of the National Park Sys-
tem for which the review required by paragraphs (3)
and (5) has been completed, the Secretary is author-
ized, pursuant to the authorities contained in this
subsection and subject to the appropriation of nec-
essary funds in advance, to enter into housing agree-
ments with housing entities under which such hous-
ing entities may develop, construct, rehabilitate, or
manage housing, located on or off public lands, for
rent or lease to National Park Service employees
who meet the housing eligibility criteria developed by
the Secretary pursuant to this Act.
(7) JOINT
PUBLIC-PRIVATE
SECTOR
HOUSING
PROGRAMS.—
(A) LEASE TO BUILD PROGRAM.—Subject
to the appropriation of necessary funds in ad-
vance, the Secretary may—
(i) lease Federal land and interests in
land to qualified persons for the construc-
tion of field employee quarters for any pe-
riod not to exceed 50 years; and
(ii) lease developed and undeveloped
non-Federal land for providing field em-
ployee quarters.
255
(B) COMPTETITIVE LEASING.—Each lease
under subparagraph (A)(i) shall be awarded
through the use of publicly advertised, competi-
tively bid, or competitively negotiated contract-
ing procedures.
(C) TERMS AND CONDITIONS.—Each lease
under subparagraph (A)(i)—
(i) shall stipulate whether operation
and maintenance of field employee quar-
ters is to be provided by the lessee, field
employees or the Federal Government;
(ii) shall require that the construction
and rehabilitation of field employee quar-
ters be done in accordance with the re-
quirements of the National Park Service
and local applicable building codes and in-
dustry standards;
(iii) shall contain such additional
terms and conditions as may be appro-
priate to protect the Federal interest, in-
cluding limits on rents the lessee may
charge field employees for the occupancy of
quarters, conditions on maintenance and
repairs, and agreements on the provision of
256
charges for utilities and other infrastruc-
ture; and
(iv) may be granted at less than fair
market value if the Secretary determines
that such lease will improve the quality
and availability of field employee quarters
available.
(D) 
CONTRIBUTIONS
BY
UNITED
STATES.—The Secretary may make payments,
subject to appropriations, or contributions in
kind either in advance of or on a continuing
basis to reduce the costs of planning, construc-
tion, or rehabilitation of quarters on or off Fed-
eral lands under a lease under this paragraph.
(8) RENTAL GUARANTEE PROGRAM.—
(A) GENERAL AUTHORITY.—Subject to the
appropriation of necessary funds in advance,
the Secretary may enter into a lease to build
arrangement as set forth in paragraph (7) with
further agreement to guarantee the occupancy
of field employee quarters constructed or reha-
bilitated under such lease. A guarantee made
under this paragraph shall be in writing.
(B) LIMITATIONS.—The Secretary may not
guarantee—
257
(i) the occupancy of more than 75
percent of the units constructed or reha-
bilitated under such lease; and
(ii) at a rental rate that exceeds the
rate based on the reasonable value of the
housing in accordance with requirements
applicable under section 5911 of title 5,
United States Code.
In no event shall outstanding guarantees be in
excess of $3,000,000.
(C) RENTAL
TO
GOVERNMENT
EMPLOY-
EES.—A guarantee may be made under this
subsection only if the lessee agrees to permit
the Secretary to utilize for housing purposes
any units for which the guarantee is made.
(D) FAILURE TO MAINTAIN A SATISFAC-
TORY
LEVEL
OF
OPERATION
AND
MAINTE-
NANCE.—The lease shall be null and void if the
lessee fails to maintain a satisfactory level of
operation and maintenance.
(9) JOINT
DEVELOPMENT
AUTHORITY.—The
Secretary may use authorities granted by statue in
combination with one another in the furtherance of
providing where necessary and justified affordable
field employee housing.
258
(10) CONTRACTS
FOR
THE
MANAGEMENT
OF
FIELD EMPLOYEE QUARTERS.—
(A) GENERAL AUTHORITY.—Subject to the
appropriation of necessary funds in advance,
the Secretary may enter into contracts of any
duration for the management, repair, and main-
tenance of field employee quarters.
(B) TERMS AND CONDITIONS.—Any such
contract shall contain such terms and condi-
tions as the Secretary deems necessary or ap-
propriate to protect the interests of the United
States and assure that necessary quarters are
available to field employees.
(11) LEASING OF SEASONAL EMPLOYEE QUAR-
TERS.—
(A) GENERAL
AUTHORITY.—Subject to
subparagraph (B), the Secretary may lease
quarters at or near a unit of the national park
system for use as seasonal quarters for field
employees. The rent charged to field employees
under such a lease shall be a rate based on the
reasonable value of the quarters in accordance
with requirements applicable under section
5911 of title 5, United States Code.
259
(B) LIMITATION.—The Secretary may only
issue a lease under subparagraph (A) if the
Secretary finds that there is a shortage of ade-
quate and affordable seasonal quarters at or
near such unit and that—
(i) the requirement for such seasonal
field employee quarters is temporary; or
(ii) leasing would be more cost effec-
tive than construction of new seasonal field
employee quarters.
(C) UNRECOVERED COSTS.—The Secretary
may pay the unrecovered costs of leasing sea-
sonal quarters under this paragraph from an-
nual appropriations for the year in which such
lease is made.
(12) SURVEY
OF
EXISTING
FACILITIES.—The
Secretary shall—
(A) complete a condition assessment for all
field employee housing, including the physical
condition of such housing and the necessity and
suitability of such housing for carrying out the
agency mission, using existing information; and
(B) develop an agency-wide priority listing,
by structure, identifying those units in greatest
260
need for repair, rehabilitation, replacement, or
initial construction.
(13) USE OF HOUSING-RELATED FUNDS.—Ex-
penditure of any funds authorized and appropriated
for new construction, repair, or rehabilitation of
housing under this section shall follow the housing
priority listing established by the agency under para-
graph (13), in sequential order, to the maximum ex-
tent practicable.
(14) ANNUAL BUDGET SUBMITTAL.—The Presi-
dent’s proposed budget to Congress for the first fis-
cal year beginning after enactment of this Act, and
for each subsequent fiscal year, shall include identi-
fication of nonconstruction funds to be spent for Na-
tional Park Service housing maintenance and oper-
ations which are in addition to rental receipts col-
lected.
(15) STUDY OF HOUSING ALLOWANCES.—With-
in 12 months after the date of enactment of this
Act, the Secretary shall conduct a study to deter-
mine the feasibility of providing eligible employees of
the National Park Service with housing allowances
rather than Government housing. The study shall
specifically examine the feasibility of providing rent-
al allowances to temporary and lower paid perma-
261
nent employees. Whenever the Secretary submits a
copy of such study to the Office of Management and
Budget, he shall concurrently transmit copies of the
report to the Resources Committee of the United
States House of Representatives and the Committee
on Energy and Natural Resources of the United
States Senate.
(16) STUDY
OF
SALE
OF
EMPLOYEE
HOUS-
ING.—Within 18 months of the date of the enact-
ment of the Act, the Secretary shall complete a
study of the sale of Government quarters to a coop-
erative consisting of field employees. The Secretary
shall examine the potential benefits to the Govern-
ment as well as the employees and any risks associ-
ated with such a program.
(17) GENERAL PROVISIONS.—
(A) CONSTRUCTION LIMITATIONS ON FED-
ERAL LANDS.—The Secretary may not utilize
any lands for the purposes of providing field
employee housing under this section which will
impact primary resource values of the area or
adversely affect the mission of the agency.
(B) RENTAL RATES.—To the extent prac-
ticable, the Secretary shall establish rental rates
for all quarters occupied by field employees of
262
the National Park Service that are based on the
reasonable value of the quarters in accordance
with requirements applicable under section
5911 of title 5, United States Code.
(C) EXEMPTION FROM LEASING REQUIRE-
MENTS.—The provisions of section 5 of the Act
of July 15, 1968 (82 Stat. 354, 356; 16 U.S.C.
460l–22), and section 321 of the Act of June
30, 1932 (40 U.S.C. 303b; 47 Stat. 412), shall
not apply to leases issued by the Secretary
under this section.
(18) PROCEEDS.—The proceeds from any lease
under paragraph (7)(A)(i)(I), any lease under para-
graph (11)(B), and any lease of seasonal quarters
under subsection (l), shall be retained by the Na-
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
263
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.
(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:
264
(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
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,
265
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.
‘‘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-
266
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-
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-
267
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)).
(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)).
268
(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; 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)).
(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
269
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.
(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. 470a) by inserting a period after
‘‘Register’’ the last place such term appears
and by striking ‘‘and submitted’’ and all that
follows.
270
(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
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.
271
(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
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-
272
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 1 or more of
the following fields: history, archeology, anthro-
pology, historical or landscape architecture, bi-
ology, ecology, geology, marine science, or social
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 1 or more of
the areas described above or in another profes-
sional or scientific discipline, such as financial
management, recreation use management, land
use planning or business management, impor-
tant to the mission of the National Park Serv-
ice. At least 1 individual shall be a locally elect-
ed 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 mem-
bers of the Advisory Board who are to be ap-
pointed have been appointed. Any vacancy in
273
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
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.
274
‘‘(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—
‘‘(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 ad-
275
minister oaths or affirmations to witnesses appear-
ing 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-
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.
276
‘‘(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-
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,
277
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:
(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.’’.
278
(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. 815. 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. 816. 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
279
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:
(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—
280
(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
submit to the Congress a report containing findings
and recommendations of a study under this section.
SEC. 817. 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.
281
‘‘(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
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.
282
‘‘(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.’’.
SEC. 818. NATIONAL PARK AGREEMENTS.
Section 3 of the Act entitled ‘‘An Act to improve the
administration of the National Park System by the Sec-
retary of the Interior, and to clarify the authorities appli-
cable to the system, and for other purposes’’ approved Au-
gust 18, 1970 (16 U.S.C. 1a–2), is amended—
(1) in paragraph (i), by striking the period at
the end thereof and inserting in lieu thereof ‘‘; and’’;
and
(2) by adding at the end thereof the following:
‘‘(j) Enter into cooperative agreements with public or
private educational institutions, States, and their political
subdivisions, for the purpose of developing adequate, co-
ordinated, cooperative research and training programs
concerning the resources of the National Park System,
and, pursuant to any such agreements, to accept from and
make available to the cooperator such technical and sup-
port staff, financial assistance for mutually agreed upon
research projects, supplies and equipment, facilities, and
administrative services relating to cooperative research
283
units as the Secretary deems appropriate; except that this
paragraph shall not waive any requirements for research
projects that are subject to the Federal procurement regu-
lations.’’.
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-
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’’.
284
(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-
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 approval plan as amended without the ap-
proval of the Secretary. The Secretary shall approve or
disapprove any proposed changes 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
285
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
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—
286
‘‘(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.
‘‘(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-
287
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
to the purposes of this Act in violation of an agreement
entered into under paragraph (5)(A) shall be solely at the
discretion of the Secretary.’’.
(f) LOCAL AUTHORITY.—Section 5 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 adding at the end the
following new subsection:
‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY
NOT AFFECTED.—Nothing in this Act shall be construed
to affect or to authorize the Commission to interfere
with—
‘‘(1) the rights of any person with respect to
private property; or
288
‘‘(2) any local zoning ordinance or land use
plan of the Commonwealth of Massachusetts or any
political subdivision of the Commonwealth.’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provisions of law regarding limitations
on funding for heritage areas, section 10 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), as amended, is further amended:
(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 year 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:
289
‘‘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-
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.’’.
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-
290
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 the subtitle; and
(B) to manage the ranch in order to—
291
(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.
292
(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
293
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
294
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 Unit-
ed 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 arising by
virtue of the Secretary’s administration of the Pre-
serve 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
295
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) AGREEMENT 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.
296
(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-
297
partment of Wildlife and Parks, the Kansas
Historical Society, and other interested parties.
(3) CONTENT OF PLAN.—The general manage-
ment plan shall provide for the following:
(A) Maintaining and enhancing the tall
grass prairie within the boundaries of the Pre-
serve.
(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.
298
(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
299
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,
300
the Advisory Committee shall provide timely advice to the
Secretary and the Director during the preparation of the
general management plan under section 1005(g).
(c) MEMBERSHIP.—The Advisory Committee shall
consist of 13 members, who shall be appointed by the Sec-
retary as follows:
(1) Three members shall be representatives of
the Trust.
(2) Three members shall be representatives of
local landowners, cattle ranchers, or other agricul-
tural interests.
(3) Three members shall be representatives of
conservation or historic preservation interests.
(4)(A) One member shall be selected from a list
of persons recommended by the Chase County Com-
mission in the State of Kansas.
(B) One member shall be selected from a list of
persons recommended by appropriate officials of
Strong City, Kansas, and Cottonwood Falls, Kansas.
(C) One member shall be selected from a list of
persons recommended by the Governor of the State
of Kansas.
(5) One member shall be a range management
specialist representing institutions of higher edu-
cation (as defined in section 1201(a) of the Higher
301
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-
302
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.
303
(i) CHARTER.—The rechartering provisions of section
14(b) of the Federal Advisory Committee Act (15 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 interests in lands without the consent
of the owner thereof.
304
(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. 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-
305
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:
‘‘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 to the Commit-
tee on Transportation and Infrastructure and the Com-
mittee on Resources of the House of Representatives with-
in 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;
306
‘‘(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.
‘‘(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
307
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
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
reservoirs 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
308
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
reservoirs and shall emphasize private sector initiatives in
concert with State and local units of government.’’.
SEC. 1022. 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—
309
’’ 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:
‘‘(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)’’;
310
(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.
‘‘(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–
311
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.’’.
(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)
312
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:
‘‘(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).’’.
313
(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.—
‘‘(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.
314
‘‘(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—
‘‘(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
315
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
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.
316
‘‘(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
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 use 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—
317
‘‘(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
‘‘(D) mitigation and reclamation standards
for activities that disturb the surface to the det-
riment of scenic and environmental values.’’.
SEC. 1023. 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
318
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).
(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;
319
(2) to protect and support the economy of the
communities of 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;
(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-
320
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;
(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;
321
(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.
(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
322
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,
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.
323
(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 Time 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.—
(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.—Upon its completion,
the Opal Creek Management Plan shall become
part of the land and resource management plan
324
for the Willamette National Forest and super-
sede 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 regula-
tions 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;
(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.—
325
(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
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—
326
(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
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.
327
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
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-
328
ting and/or selling of trees in the Scenic Res-
ervation 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
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—
329
(i) any form of entry, appropriation,
or disposal under the public lands 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.
(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.
330
(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) RECREATIONS.—
(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-
331
sistent with the protection of the resource val-
ues of the 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 Ax 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:
(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
332
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
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;
333
(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
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.
334
(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.
(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—
335
(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
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
336
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
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.
337
(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 activity for which a special
use permit has been issued, has not been revoked,
and has not expired, before the date of enactment 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
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.
338
(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 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, S1⁄2SE1⁄4 (80 acres);
(D) Section 2, Township 17 South, Range
4 East, SW1⁄4SW1⁄4 (40 acres);
(E) Section 2, Township 17 South, Range
4 East, NW1⁄4SE1⁄4 (40 acres);
(F) Section 8, Township 17 South, Range
4 East, SE1⁄4SW1⁄4 (40 acres);
(G) Section 11, Township 17 South, Range
4 East, W1⁄2NW1⁄4 (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
339
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.
(B) The authority provided by this sub-
section shall lapse of 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 the United States District Court for
the District of Oregon a determination of market-
ability 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 com-
340
plete the transaction contemplated in this sub-
section.
(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
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
341
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-
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
342
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—
(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.
343
SEC.
1024.
UPPER KLAMATH BASIN ECOLOGICAL RES-
TORATION 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—
(A) three tribal members;
(B) one representative of the City of Klam-
ath Falls, Oregon;
(C) one representative of Klamath County,
Oregon;
(D) one representative of institutions of
higher education in the Upper Klamath Basin;
(E) four representatives of the environ-
mental community, including at least one such
representative from the State of California with
interests in the Klamath Basin National Wild-
life Refuge Complex;
345
Service, National Marine Fisheries Service and
Ecosystem Restoration Office; and
(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
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
346
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
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.
347
(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,
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
348
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
Interior 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-
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. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION
PROJECTS.
(a) DEFINITIONS.—In this section:
(1) WORKING
GROUP.—The term ‘‘Working
Group’’ means the Deschutes River Basin Working
349
Group established before the date of enactment of
this title, consisting of members nominated by their
represented groups, including—
(A) five representatives of private interests
including one each from hydroelectric produc-
tion, livestock grazing, timber, land develop-
ment, and recreation/tourism;
(B) four representatives of private inter-
ests including two each from irrigated agri-
culture and the environmental community;
(C) two representatives from the Confed-
erated Tribes of the Warm Springs Reservation
of Oregon;
(D) two representatives from Federal
agencies with authority and responsibility in the
Deschutes River Basin, including one from the
Department of the Interior and one from the
Agriculture Department;
(E) two representatives from the State of
Oregon agencies with authority and responsibil-
ity 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
350
(F) four 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
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
351
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-
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
352
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 administration 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.
(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
353
the provisions of title 5, United States Code, Appendix 2,
sections 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.
(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-
354
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. 1026. BULL RUN PROTECTION.—
(a) AMENDMENTS TO PUBLIC LAW 95–200.—
(1) The first sentence of section 2(a) of the
Public Law 95–200 is amended by striking ‘‘2(b)’’
and inserting in lieu thereof ‘‘2(c)’’.
(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
355
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).
‘‘(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);
‘‘(ii) for the protection, enhancement,
or maintenance of water quantity available
from the area described in subparagraph
(1);
‘‘(iii) for the construction, expansion,
protection or maintenance of municipal
water supply facilities; or
356
‘‘(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).’’.
(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
357
(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 exiting data
and processes to carry out the study and report.
(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
358
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)
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. 1027. 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.
359
(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 United States
Fish and Wildlife Service, Department of Interior, as des-
ignated 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 wil-
derness.
(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 Islands, 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 Unit-
ed 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
360
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
Oregon Islands National Wildlife Refuge is hereby made
permanent.
SEC. 1028. 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-
361
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;
(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
362
(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.
(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-
363
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 ensure that combined post-exchange
revenues to units of local government from State
and local property, severance and other taxes or lev-
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;
364
(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
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
365
authorized to be appropriated the sum of $2,000,000, to
remain available until expended.
SEC. 1029. 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
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—
366
(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
a unit of the National Park System the Boston Har-
bor Islands National Recreation Area.
(2) BOUNDARIES.—(A) The recreation area
shall be comprised of the lands, waters, and sub-
merged lands generally depicted on the map entitled
‘‘Proposed Boston Harbor Islands NRA’’, numbered
BOHA 80,002, and dated September 1996. Such
map shall be on file and available for public inspec-
tion in the appropriate offices of the National Park
Service. After advising the Committee on Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate, in
writing, the Secretary may make minor revisions of
the boundaries of the recreation area when necessary
367
by publication of a revised drawing or other bound-
ary description in the Federal Register.
(B) The recreation area shall include the follow-
ing:
(i) The areas depicted on the map ref-
erence in subparagraph (A).
(ii) Landside points required for access,
visitor services, and administration in the city
of Boston along its Harborwalk and at Long
Wharf, Fan Pier, John F. Kennedy Library,
and the Custom House; Charlestown Navy
Yard; Old Northern Avenue Bridge; the city of
Quincy at Squantum Point/Marina Bay, the
Fore River Shipyard, and Town River; the
Town of Hingham at Hewitt’s Cove; the Town
of Hull; the city of Salem at Salem National
Historic Site; and the city of Lynn at the Herit-
age State Park.
(d) ADMINISTRATION OF RECREATION AREA.—
(1) IN GENERAL.—The recreation area shall be
administered in partnership by the Secretary, the
Commonwealth of Massachusetts, City of Boston
and its applicable subdivisions and others in accord-
ance with the provisions of law generally applicable
to units of the National Park System, including the
368
Act entitled ‘‘An Act to establish a National Park
Service, and for other purposes’’, approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4),
and the Act of August 21, 1935 (49 Stat. 666; 16
U.S.C. 461–467) as amended and supplemented and
in accordance with the integrated management plan
specified in subsection (f).
(2) STATE AND LOCAL JURISDICTION.—Noth-
ing in this section shall be construed to diminish, en-
large, or modify any right of the Commonwealth of
Massachusetts or any political subdivision thereof, to
exercise civil and criminal jurisdiction or to carry
out State laws, rules, and regulations within the
recreation area, including those relating to fish and
wildlife, or to tax persons, corporations, franchises,
or private property on the lands and waters included
in the recreation area.
(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary may consult and enter into cooperative agree-
ments with the Commonwealth of Massachusetts or
its political subdivisions to acquire from and provide
to the Commonwealth or its political subdivisions
goods and services to be used in the cooperative
management of lands within the recreation area, if
the Secretary determines that appropriations for
369
that purpose are available and the agreement is in
the best interest of the United States.
(4) CONSTRUCTION
OF
FACILITIES
ON
NON-
FEDERAL LANDS.—In order to facilitate the admin-
istration of the recreation area, the Secretary is au-
thorized, subject to the appropriation of necessary
funds in advance, to construct essential administra-
tive or visitor use facilities on non-Federal public
lands within the recreation area. Such facilities and
the use thereof shall be in conformance with applica-
ble plans
(5) OTHER
PROPERTY, FUNDS, AND
SERV-
ICES.—The Secretary may accept and use donated
funds, property, and services to carry out this sec-
tion.
(6) RELATIONSHIP OF RECREATION AREA TO
BOSTON-LOGAN INTERNATIONAL AIRPORT.—With re-
spect to the recreation area, the present and future
maintenance, operation, improvement and use of
Boston-Logan International Airport and associated
flight patterns from time to time in effect shall not
be deemed to constitute the use of publicly owned
land of a public park, recreation area, or other re-
source within the meaning of section 303(c) of title
49, United States Code, and shall not be deemed to
370
have a significant effect on natural, scenic, and
recreation assets within the meaning of section
47101(h)(2) of title 49, United States Code.
(7) MANAGEMENT IN ACCORDANCE WITH INTE-
GRATED MANAGEMENT PLAN.—The Secretary shall
preserve, interpret, manage, and provide educational
and recreational uses for the recreation area, in con-
sultation with the owners and managers of lands in
the recreation area, in accordance with the inte-
grated management plan.
(e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTAB-
LISHMENT.—
(1) ESTABLISHMENT.—There is hereby estab-
lished the Boston Harbor Islands Partnership whose
purpose shall be to coordinate the activities of Fed-
eral, State, and local authorities and the private sec-
tor in the development and implementation of an in-
tegrated resource management plan for the recre-
ation area.
(2) MEMBERSHIP.—The Partnership shall be
composed of 13 members, as follows:
(A) One individual, appointed by the Sec-
retary, to represent the National Park Service.
371
(B) One individual, appointed by the Sec-
retary of Transportation, to represent the Unit-
ed States Coast Guard.
(C) Two individuals, appointed by the Sec-
retary, after consideration of recommendations
by the Governor of Massachusetts, to represent
the Department of Environmental Management
and the Metropolitan District Commission.
(D) One individual, appointed by the Sec-
retary, after consideration of recommendations
by the Chair, to represent the Massachusetts
Port Authority.
(E) One individual, appointed by the Sec-
retary, after consideration of recommendations
by the Chair, to represent the Massachusetts
Water Resources Authority.
(F) One individual, appointed by the Sec-
retary, after consideration of recommendations
by the Mayor of Boston, to represent the Office
of Environmental Services of the City of Bos-
ton.
(G) One individual, appointed by the Sec-
retary, after consideration of recommendations
by the Chair, to represent the Boston Redevel-
opment Authority.
372
(H) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the President of the Thompson Island Out-
ward Bound Education Center, to represent the
Center.
(I) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the Chair, to represent the Trustees of Res-
ervations.
(J) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the President of the Island Alliance, to rep-
resent the Alliance, a nonprofit organization
whose sole purpose is to provide financial sup-
port for the Boston Harbor Islands National
Recreation Area.
(K) Two individuals, appointed by the Sec-
retary, to represent the Boston Harbor Islands
Advisory Council, established in subsection (g).
(3) TERMS OF OFFICE; REAPPOINTMENT.—(A)
Members of the Partnership shall serve for terms of
three years. Any member may be reappointed for
one additional 3-year term.
(B) The Secretary shall appoint the first mem-
bers of the Partnership within 30 days after the
373
date on which the Secretary has received all of the
recommendations for appointment pursuant to sub-
sections (b) (3), (4), (5), (6), (7), (8), (9), and (10).
(C) A member may serve after the expiration of
his or her term until a successor has been appointed.
(4) COMPENSATION.—Members of the Partner-
ship shall serve without pay, but while away from
their homes or regular places of business in the per-
formance of services for the Partnership, members
shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as per-
sons employed intermittently in the Government
service are allowed expenses under section 5703 of
title 5, United States Code.
(5) ELECTION OF OFFICERS.—The Partnership
shall elect one of its members as Chairperson and
one as Vice Chairperson. The term of office of the
Chairperson and Vice Chairperson shall be one year.
The Vice Chairperson shall serve as chairperson in
the absence of the Chairperson.
(6) VACANCY.—Any vacancy on the Partnership
shall be filled in the same manner in which the origi-
nal appointment was made.
374
(7) MEETINGS.—The Partnership shall meet at
the call of the Chairperson or a majority of its mem-
bers.
(8) QUORUM.—A majority of the Partnership
shall constitute a quorum.
(9) STAFF OF THE PARTNERSHIP.—The Sec-
retary shall provide the Partnership with such staff
and technical assistance as the Secretary, after con-
sultation with the Partnership, considers appropriate
to enable the Partnership to carry out its duties.
The Secretary may accept the services of personnel
detailed from the Commonwealth of Massachusetts,
any political subdivision of the Commonwealth or
any entity represented on the Partnership.
(10) HEARINGS.—The Partnership may hold
such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as
the Partnership may deem appropriate.
(11) DONATIONS.—Nothwithstanding any other
provision of law, the Partnership may seek and ac-
cept donations of funds, property, or services from
individuals, foundations, corporations, and other pri-
vate and public entities for the purpose of carrying
out this section.
375
(12) USE OF FUNDS TO OBTAIN MONEY.—The
Partnership may use its funds to obtain money from
any source under any program or law requiring the
recipient of such money to make a contribution in
order to receive such money.
(13) MAILS.—The Partnership may use the
United States mails in the same manner and upon
the same conditions as other departments and agen-
cies of the United States.
(14) OBTAINING PROPERTY.—The Partnership
may obtain by purchase, rental, donation, or other-
wise, such property, facilities, and services as may
be needed to carry out its duties, except that the
Partnership may not acquire any real property or in-
terest in real property.
(15) COOPERATIVE
AGREEMENTS.—For pur-
poses of carrying out the plan described in sub-
section (f), the Partnership may enter into coopera-
tive agreements with the Commonwealth of Massa-
chusetts, any political subdivision thereof, or with
any organization or person.
(f) INTEGRATED RESOURCE MANAGEMENT PLAN.—
(1) IN GENERAL.—Within three years after the
date of enactment of this Act, the Partnership shall
submit to the Secretary a management plan for the
376
recreation area to be developed and implemented by
the Partnership.
(2) CONTENTS OF PLAN.—The plan shall in-
clude (but not be limited to) each of the following:
(A) A program providing for coordinated
administration of the recreation area with pro-
posed assignment of responsibilities to the ap-
propriate governmental unit at the Federal,
State, and local levels, and nonprofit organiza-
tions, including each of the following:
(i) A plan to finance and support the
public improvements and services rec-
ommended in the plan, including allocation
of non-Federal matching requirements set
forth in subsection (h)(2) and a delineation
of profit sector roles and responsibilities.
(ii) A program for the coordination
and consolidation, to the extent feasible, of
activities that may be carried out by Fed-
eral, State, and local agencies having juris-
diction over land and waters within the
recreation area, including planning and
regulatory responsibilities.
(B) Policies and programs for the follow-
ing purposes:
377
(i) Enhancing public outdoor rec-
reational opportunities in the recreation
area.
(ii) Conserving, protecting, and main-
taining the scenic, historical, cultural, nat-
ural and scientific values of the islands.
(iii) Developing educational opportuni-
ties in the recreation area.
(iv) Enhancing public access to the Is-
lands, including development of transpor-
tation networks.
(v) Identifying potential sources of
revenue from programs or activities carried
out within the recreation area.
(vi) Protecting and preserving Native
American burial grounds connected with
the King Philip’s War internment period
and other periods.
(C) A policy statement that recognizes ex-
isting economic activities within the recreation
area.
(3) DEVELOPMENT
OF
PLAN.—In developing
the plan, the Partnership shall—
(A) consult on a regular basis with appro-
priate officials of any local government or Fed-
378
eral or State agency which has jurisdiction over
lands and waters within the recreation area;
(B) consult with interested conservation,
business, professional, and citizen organiza-
tions; and
(C) conduct public hearings or meetings
for the purposes of providing interested persons
with the opportunity to testify with respect to
matters to be addressed by the plan.
(4) APPROVAL OF PLAN.—(A) The Partnership
shall submit the plan to the Governor of Massachu-
setts for review. The Governor shall have 90 days to
review and make any recommendations. After con-
sidering the Governor’s recommendations, the Part-
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.
379
(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.
(g) BOSTON HARBOR ISLANDS ADVISORY COUN-
CIL.—
(1) ESTABLISHMENT.—The Secretary, acting
through the Director of the National Park Service,
shall establish an advisory committee to be known as
the Boston Harbor Islands Advisory Council. The
purpose of the Advisory Council shall be to represent
various groups with interests in the recreation area
and make recommendations to the Boston Harbor
Islands Partnership on issues related to the develop-
380
ment and implementation of the integrated resource
management plan developed under subsection (f).
The Advisory Council is encouraged to establish
committees relating to specific recreation area man-
agement issues, including (but not limited to) edu-
cation, tourism, transportation, natural resources,
cultural and historic resources, and revenue raising
activities. Participation on any such committee shall
not be limited to members of the Advisory Council.
(2) MEMBERSHIP.—The Advisory Council shall
consist of not fewer than 18 individuals, to be ap-
pointed by the Secretary, acting through the Direc-
tor of the National Park Service. The Secretary
shall appoint no fewer than three individuals to rep-
resent each of the following categories of entities:
municipalities; educational and cultural institutions;
environmental organizations; business and commer-
cial entities, including those related to transpor-
tation, tourism and the maritime industry; and Bos-
ton Harbor-related advocacy organizations; and or-
ganizations representing Native American interests.
(3) PROCEDURES.—Each meeting of the Advi-
sory Council and its committees shall be open to the
public.
381
(4) FACA.—The provisions of section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.),
are hereby waived with respect to the Advisory
Council.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to
carry out this section, provided that no funds may
be appropriated for land acquisition.
(2) MATCHING
REQUIREMENT.—Amounts ap-
propriated in any fiscal year to carry out this section
may only be expended on a matching basis in a ra-
tion of at least three non-Federal dollars to every
Federal dollar. The non-Federal share of the match
may be in the form of cash, services, or in-kind con-
tributions, fairly valued.
SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3 of the Act of October 8, 1988, entitled ‘‘An
Act to create a national park at Natchez, Mississippi’’ (16
U.S.C. 410oo et seq.), is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ after
‘‘SEC. 3.’’; and
(2) by adding at the end the following:
‘‘(b) BUILDING FOR JOINT USE BY THE SECRETARY
AND THE CITY OF NATCHEZ.—
382
‘‘(1) 
CONTRIBUTION
TOWARD
CONSTRUC-
TION.—The Secretary may enter into an agreement
with the City of Natchez under which the Secretary
agrees to pay not to exceed $3,000,000 toward the
planning and construction by the City of Natchez of
a structure to be partially used by the Secretary as
an administrative headquarters, administrative site,
and visitors’ center for Natchez National Historical
Park.
‘‘(2) USE FOR SATISFACTION OF MATCHING RE-
QUIREMENTS.—The amount of payment under para-
graph (1) may be available for matching Federal
grants authorized under other law notwithstanding
any limitations in any such law.
‘‘(3) AGREEMENT.—Prior to the execution of
an agreement under paragraph (1), and subject to
the appropriation of necessary funds in advance, the
Secretary may enter into a contract, lease, coopera-
tive agreement, or other appropriate form of agree-
ment with the City of Natchez providing for the use
and occupancy of a portion of the structure con-
structed under paragraph (1) (including appropriate
use of the land on which it is situated), at no cost
to the Secretary (except maintenance, utility, and
other operational costs), for a period of 50 years,
383
with an option for renewal by the Secretary for an
additional 50 years.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $3,000,000
to carry out this subsection.’’.
SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIM-
BER SALE.
(a) IN GENERAL.—Notwithstanding the provisions of
the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and
the requirements of section 5402.0–6 of title 43, Code of
Federal Regulations, the Secretary of the Interior, acting
through the Bureau of Land Management, is authorized
to substitute, without competition, a contract for timber
identified for harvest located on public lands administered
by the Bureau of Land Management in the State of Cali-
fornia of comparable value for the following terminated
timber contract: Elkhorn Ridge Timber Sale, Contract No.
CA–050–TS–88–01.
(b) DISCLAIMER.—Nothing in this section shall be
construed as changing any law or policy of the Federal
Government beyond the timber sale substitution specified
in this section.
SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.
(a) IN GENERAL.—Section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
384
1764(g)) is amended by striking ‘‘financed pursuant to the
Rural Electrification Act of 1936, as amended,’’ in the
last sentence and inserting ‘‘eligible for financing pursu-
ant to the Rural Electrification Act of 1936, as amended,
determined without regard to any application requirement
under that Act,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to rights-of-way
leases held on or after the date of enactment of this Act.
SEC. 1033. FEDERAL BOROUGH RECOGNITION.
(a) Section 6901(2) of title 31, United States Code,
is amended to read as follows:
‘‘(2)(A) ‘unit of general local government’
means—
‘‘(i) a county (or parish), township, bor-
ough, or city where the city is independent of
any other unit of general local government,
that—
‘‘(I) is within the class or classes of
such political subdivision in a State that
the Secretary of the Interior, in his discre-
tion, determines to be the principal pro-
vider or providers of governmental services
within the State; and
385
‘‘(II) is a unit of general government,
as determined by the Secretary of the Inte-
rior on the basis of the same principles as
were used by the Secretary of Commerce
on January 1, 1983, for general statistical
purposes;
‘‘(ii) any area in Alaska that is within the
boundaries of a census area used by the Sec-
retary of Commerce in the decennial census,
but that is not included within the boundary of
a governmental entity described under clause
(i);
‘‘(iii) the District of Columbia;
‘‘(iv) the Commonwealth of Puerto Rico;
‘‘(v) Guam; and
‘‘(vi) the Virgin Islands.
‘‘(B) the term ‘governmental services’ includes,
but is not limited to, those services that relate to
public safety, the environment, housing, social serv-
ices, transportation, and governmental administra-
tion.’’.
(b) PAYMENT IN LIEU OF TAXES.—Section 6902(a)
of title 31, United States Code, is amended to read as
follows:
386
‘‘(a)(1) Except as provided in paragraph (2), the Sec-
retary of the Interior shall make a payment for each fiscal
year to each unit of general local government in which en-
titlement land is located as set forth in this chapter. A
unit of general local government may use the payment for
any governmental purpose.
‘‘(2) For each unit of general local government de-
scribed in section 6901(2)(A)(ii), the Secretary of the In-
terior shall make a payment for each fiscal year to the
State of Alaska for entitlement land located within such
unit as set forth in this chapter. The State of Alaska shall
distribute such payment to home rule cities and general
law cities (as such cities are defined by the State) located
within the boundaries of the unit of general local govern-
ment for which the payment was received. Such cities may
use monies received under this paragraph for any govern-
mental purpose.’’.
SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.
Notwithstanding any other provision of law, any of
the Alaska Native Village Corporations of Tyonek Native
Corporation, Ninilchik Native Association, Inc., Knikatnu
Inc., Seldovia Native Association, Inc., Chikaloon Moose
Creek Native Association, Inc., and the Alaska Native Re-
gional Corporation, Cook Inlet Region, Inc. may com-
mence litigation at any time within 12 months of enact-
387
ment of this Act in Federal District Court for Alaska to
challenge any determination by the Department of the In-
terior that such native corporations will not receive con-
veyance of lands described in ‘‘Appendix C’’ of the Defi-
ciency Agreement dated August 31, 1976.
SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS
OF ALASKA.
(a) IN GENERAL.—Local residents who are descend-
ants of Katmai residents who lived in the Naknek Lake
and River Drainage shall be permitted, subject to reason-
able regulations established by the Secretary of the Inte-
rior, to continue their traditional fishery for red fish with-
in Katmai National Park (the national park and national
preserve redesignated, established, and expanded under
section 202(2) of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 410hh–1)).
(b) RED FISH DEFINED.—For the purposes of sub-
section (a), the term ‘‘red fish’’ means spawned-out sock-
eye salmon that has no significant commercial value.
(c) TITLE.—No provision of this section shall be con-
strued to invalidate or validate or in any other way affect
any claim by the State of Alaska to title to any or all
submerged lands, nor shall any actions taken pursuant to
or in accordance with this Act operate under any provision
or principle of the law to bar the State of Alaska from
388
asserting at any time its claim of title to any or all of
the submerged lands.
(d) JURISDICTION.—Nothing in this section nor in
any actions taken pursuant to this section shall be con-
strued as expanding or diminishing Federal or State juris-
diction, responsibility, interests, or rights in management,
regulation, or control over waters of the State of Alaska
or submerged lands under any provision of Federal or
State law.
SEC. 1036. CREDIT FOR RECONVEYANCE.
Within 24 months after the date of the enactment
of this Act, the Cape Fox Corporation may transfer all
or part of its right, title, and interest in and to the ap-
proximately 320-acre parcel that includes Beaver Falls
Hydroelectric power-house site to the United States as
part of an equal value exchange.
SEC. 1037. RADIO SITE REPORT.
The Secretary of Agriculture (1) shall have a period
of 180 days from the date of enactment of this Act to
review management of Inspiration Point, San Bernadino
National Forest, make determination whether the contin-
ued presence of the KATY–FM antenna on the site is in
the public interest, and report the determination with the
reasons therefor to the Committee on Energy and Natural
Resources, United States Senate, and the Committee on
389
Resources, House of Representatives, and (2) shall take
no action within such period which causes or results in,
directly or indirectly, the removal of the antenna from the
site.
TITLE 
XI—CALIFORNIA 
BAY
DELTA ENVIRONMENTAL EN-
HANCEMENT
SEC. 1101. PROGRAM FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—For each
of the fiscal years 1998, 1999, and 2000, there are author-
ized to be appropriated an additional $143,300,000 for
both—
(1) the initial Federal share of the cost of de-
veloping and implementing that portion of an eco-
system protection plan for the Bay-Delta, referred to
as ‘‘the Category III program’’ emanating out of the
document entitled ‘‘Principles for Agreement on
Bay-Delta Standards between the State of California
and the Federal Government’’, dated December 15,
1994, and
(2) the initial Federal share of the cost of de-
veloping and implementing the ecosystem restoration
elements of the long-term CALFED Bay-Delta Pro-
gram, pursuant to the cost sharing agreement re-
quired by section 78684.10 of California Senate Bill
390
900, Chapter 135, Statutes of 1996, signed by the
Governor of California on July 11, 1996.
Funds appropriated pursuant to this section shall remain
available until expended and shall be administered in ac-
cordance with procedures established by CALFED Bay-
Delta Program until Congress authorizes another entity
that is recommended by CALFED Bay-Delta Program to
carry out this section.
(b) TREATMENT OF FUNDS.—Funds authorized to be
appropriated pursuant to this section to those agencies
that are currently or subsequently become participants in
the CALFED Bay-Delta Program shall be in addition to
the baseline funding levels established pursuant to sub-
section (e), for currently authorized projects and programs
under the Central Valley Project Improvement Act (title
XXXIV of Public Law 102–575) and other currently au-
thorized Federal programs for the purpose of Bay-Delta
ecosystem protection and restoration.
(c) LONG-TERM SOLUTION.—Nothing in this section
shall be deemed to diminish the Federal interest in and
responsibility for working with the State of California
through the CALFED Bay-Delta Program in developing,
funding, and implementing a balanced, long-term solution
to the problems of ecosystem quality, water quality, water
supply and reliability, and system vulnerability affecting
391
the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed in California. Participation in such long-term
solution shall only be undertaken pursuant to authoriza-
tion provided by law other than this section, and shall be
based on the equitable allocation of program costs among
beneficiary groups that the CALFED Bay-Delta programs
shall develop.
(d) ACTIVITIES.—To the extent not otherwise author-
ized, those agencies and departments that are currently
or subsequently become participants in the CALFED Bay-
Delta Program are hereby authorized to undertake the ac-
tivities and programs for which Federal cost sharing is
provided by this section. The United States shall imme-
diately initiate coordinated consultations and negotiations
with the State of California to expeditiously execute the
cost-sharing agreement required by section 78684.10 of
California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996.
Such activities shall include, but not be limited to, plan-
ning, design, technical assistance, and construction for
ecosystem restoration programs and projects.
(e) BUDGET CROSSCUT.—The Office of Management
and Budget is directed to submit to the House and Senate
Committees on Appropriations, as part of the President’s
Fiscal Year 1998 Budget, an interagency budget crosscut
392
that displays Federal spending for fiscal years 1993
through 1998 on ecosystem restoration and other purposes
in the Bay-Delta region, separately showing funding pro-
vided previously or requested under both pre-existing au-
thorities and new authorities granted by this section.
(f) EFFECTIVE DATE.—Subsections (a) through (d)
of this section shall take effect on the date of passage of
California State Proposition 204.
DIVISION II
TITLE I—NATIONAL COAL
HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Coal Herit-
age Area Act of 1996’’.
SEC. 102. FINDINGS.
(a) FINDINGS.—The Congress finds as follows:
(1) Certain events that led to the development
of southern West Virginia’s coalfields during the lat-
ter part of the 19th Century and the early part of
the current century are of national historic and cul-
tural significance in terms of their contribution to
the industrialization of the United States, the orga-
nization of workers into trade unions, and the
unique culture of the Appalachian Region.
393
(2) It is in the national interest to preserve and
protect physical remnants of this era for the edu-
cation and benefit of present and future generations.
(3) There is a need to provide assistance for the
preservation and promotion of those vestiges of
southern West Virginia’s coal heritage which have
outstanding cultural, historic, and architectural
value.
SEC. 103. ESTABLISHMENT.
(a) IN GENERAL.—For the purpose of preserving and
interpreting for the educational and inspirational benefit
of present and future generations certain lands and struc-
tures with unique and significant historic and cultural
value associated with the coal mining heritage of the State
of West Virginia and the Nation, there is hereby estab-
lished the National Coal Heritage Area (hereafter in this
title referred to as the ‘‘Area’’).
(b) BOUNDARIES.—The Area shall be comprised of
the counties in the State of West Virginia that are the
subject of the study by the National Park Service, dated
1993, entitled ‘‘A Coal Mining Heritage Study: Southern
West Virginia’’ conducted pursuant to title VI of Public
Law 100–699.
(c) ADMINISTRATION.—The Area shall be adminis-
tered in accordance with this title.
394
SEC. 104. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereafter in this title
referred to as the ‘‘Secretary’’) is authorized to enter into
a contractual agreement with the Governor of the State
of West Virginia, acting through the Division of Culture
and History and the Division of Tourism and Parks, pur-
suant to which the Secretary shall assist the State of West
Virginia, its units of local government, and nonprofit orga-
nizations in each of the following:
(1) The development and implementation of in-
tegrated cultural, historical, and land resource man-
agement policies and programs in order to retain,
enhance, and interpret the significant values of the
lands, water, and structures of the Area.
(2) The preservation, restoration, maintenance,
operation, interpretation, and promotion of build-
ings, structures, facilities, sites, and points of inter-
est for public use that possess cultural, historical,
and architectural values associated with the coal
mining heritage of the Area.
(3) The coordination of activities by Federal,
State, and local governments and private businesses
and organizations in order to further historic preser-
vation and compatible economic revitalization.
(4) The development of guidelines and stand-
ards for projects, consistent with standards estab-
395
lished by the National Park Service, for the preser-
vation and restoration of historic properties, includ-
ing interpretative methods, that will further history
preservation in the region.
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under para-
graphs (2) and (5) of section 104 shall include those set
forth in appendix D of the study by the National Park
Service, dated 1993, entitled ‘‘A Coal Mining Heritage
Study: Southern West Virginia’’, conducted pursuant to
title VI of Public Law 100–699. Priority consideration
shall be given to those sites listed as ‘‘Conservation Prior-
ities’’ and ‘‘Important Historic Resources’’ as depicted on
the map entitled ‘‘Study Area: Historic Resources’’ in
such study.
SEC. 106. COAL HERITAGE MANAGEMENT PLAN.
(a) IN
GENERAL.—Pursuant to the contractual
agreement referred to in section 104, within three years
after the date of enactment of this title, the Governor of
the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and
Parks, shall submit to the Secretary a Coal Heritage Man-
agement Plan for the Area. The plan shall at a mini-
mum—
396
(1) set forth the integrated cultural, historical,
and land resource management policies and pro-
grams referred to in section 104;
(2) describe the guidelines and standards for
projects referred to in section 104; and
(3) set forth the responsibilities of the State of
West Virginia, units of local government, nonprofit
entities, or Secretary to administer any properties
acquired pursuant to section 104.
(b) PLAN APPROVAL.—The Secretary shall approve
the plan submitted under subsection (a) unless he deter-
mines that it would meet the objectives of this title.
SEC. 107. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title may not exceed 50 percent of the total
cost of any assistance or grant provided or authorized
under this title.
397
TITLE II—TENNESSEE CIVIL
WAR HERITAGE AREA
SEC. 201. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there are situated in the State of Tennessee
the sites of several key Civil War battles, campaigns,
and engagements;
(2) certain sites, battlefields, structures, and
areas in Tennessee are collectively of national sig-
nificance in the history of the Civil War;
(3) the Civil War Sites Advisory Commission,
established by Congress in 1991, identified 38 sites
in Tennessee as significant;
(4) the preservation and interpretation of these
sites will make an important contribution to the un-
derstanding of the heritage of the United States;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local gov-
ernment entities; and
(6) partnerships between Federal, State, and
local governments and their regional entities, and
the private sector, offer the most effective opportuni-
ties for the enhancement and management of the
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Civil War battlefields and related sites located in
Tennessee.
(b) PURPOSES.—The purposes of this title are—
(1) to preserve, conserve, and interpret the leg-
acy of the Civil War in Tennessee;
(2) to recognize and interpret important events
and geographic locations representing key Civil War
battles, campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the
Civil War on the civilian population of Tennessee
during the war and postwar reconstruction period;
and
(4) to create partnerships among Federal,
State, and local governments and their regional enti-
ties, and the private sector to preserve, conserve, en-
hance, and interpret the battlefields and associated
sites associated with the Civil War in Tennessee.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘national heritage area’’ means
the Tennessee Civil War Heritage Area as des-
ignated pursuant to section 203.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
399
(3) The term ‘‘compact’’ means the compact
approved under section 204.
(4) The term ‘‘management plan’’ means the
management plan submitted under section 205.
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) DESIGNATION.—Upon publication by the Sec-
retary in the Federal Register of notice that a compact
regarding the Tennessee Civil War Heritage Area has
been approved by the Secretary in accordance with this
title, there is hereby designated the Tennessee Civil War
Heritage Area.
(b) BOUNDARIES.—The Tennessee Civil War Herit-
age Area shall be comprised of areas of the State of Ten-
nessee depicted on the map entitled ‘‘Tennessee Civil War
Heritage Area’’. The map shall be on file and available
for public inspection in the office of the Director of the
National Park Service.
(c) ADMINISTRATION.—The national heritage area
shall be administrated in accordance with the compact and
the management plan.
SEC. 204. COMPACT.
(a) COMPACT.—The compact referred to in section
203(a) shall include information relating to the objectives
and management of the area proposed for designation as
400
the national heritage area. Such information shall include
(but not be limited to) each of the following:
(1) A delineation of the boundaries of the pro-
posed national heritage area.
(2) A discussion of the goals and objectives of
the proposed national heritage area, including an ex-
planation of the approach proposed by the partners
referred to in paragraph (4), to conservation and in-
terpretation of resources.
(3) An identification and description of the
management entity that will administer the proposed
national heritage area.
(4) A list of the initial partners to be involved
in developing and implementing the management
plan for the proposed national heritage area, and a
statement of the financial commitment of the part-
ners.
(5) A description of the role of the State of
Tennessee.
(b) PREPARATION OF AND ACTIONS CALLED FOR IN
COMPACT.—The compact shall be prepared with public
participation. Actions called for in the compact shall be
likely to be initiated within a reasonable time after des-
ignation of the proposed national heritage area and shall
401
ensure effective implementation of the State and local as-
pects of the compact.
(c) APPROVAL AND DISAPPROVAL OF COMPACTS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Governor of Tennessee, shall approve
or disapprove the proposed compact not later than
90 days after receiving such compact.
(2) PROCEDURES IF DISAPPROVED.—If the Sec-
retary disapproves a proposed compact, the Sec-
retary shall advise, in writing, of the reasons for the
disapproval and shall make recommendations for re-
visions of the proposed compact. The Secretary shall
approve or disapprove a proposed revision to such a
compact within 90 days after the date on which the
revision is submitted to the Secretary.
SEC. 205. MANAGEMENT.
(a) MANAGEMENT PLANS.—A management plan sub-
mitted under this title for the national heritage area shall
present comprehensive recommendations for the conserva-
tion, funding, management, and development of the area.
The management plan shall—
(1) be prepared with public participation;
(2) take into consideration existing Federal,
State, county, and local plans and involve residents,