the preference for subsistence uses and access to
subsistence resources provided under the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDA-
TION.
(a) DEFINITIONS.—As used in this section:
(1) AGENCY.—The term ‘‘agency’’—
(A) means any instrumentality of the Unit-
ed States, and any Government corporation (as
defined in section 9101(1) of title 31, United
States Code); and
(B) includes any element of an agency.
(2) ALASKA NATIVE CORPORATION.—The term
‘‘Alaska Native Corporation’’ has the same meaning
as is provided for ‘‘Native Corporation’’ in section
3(m) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(m)).
(3) FEDERAL
LANDS
OR
INTERESTS
THERE-
IN.—The term ‘‘Federal lands or interests therein’’
means any lands or properties owned by the United
States (A) which are administered by the Secretary,
or (B) which are subject to a lease to third parties,
or (C) which have been made available to the Sec-
retary for exchange under this section through the
concurrence of the director of the agency administer-
ing such lands or properties: Provided however, That
excluded from such lands shall be those lands which
are within an existing conservation system unit as
defined in section 102(4) of the Alaska National In-
terest Lands Conservation Act (16 U.S.C. 3102(4)),
and those lands the mineral interest for which are
currently under mineral lease.
(4) KONIAG.—The term ‘‘Koniag’’ means
Koniag, Incorporated, which is a regional Corpora-
tion.
(5) REGIONAL CORPORATION.—The term ‘‘Re-
gional Corporation’’ has the same meaning as is pro-
vided in section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g)).
(6) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of the In-
terior.
(7) SELECTION RIGHTS.—The term ‘‘selection
rights’’ means those rights granted to Koniag, pur-
suant to subsections (a) and (b) of section 12, and
section 14(h)(8), of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613(h)(8)), to re-
ceive title to the oil and gas rights and other inter-
ests in the subsurface estate of the approximately
275,000 acres of public lands in the State of Alaska
identified as ‘‘Koniag Selections’’ on the map enti-
tled ‘‘Koniag Interest Lands, Alaska Peninsula’’,
dated May 1989.
(b) VALUATION OF KONIAG SELECTION RIGHTS.—
(1) IN GENERAL.—Pursuant to paragraph (2)
of this subsection, the Secretary shall value the Se-
lection Rights which Koniag possesses within the
boundaries of Aniakchak National Monument and
Preserve, Alaska Peninsula National Wildlife Ref-
uge, and Becharof National Wildlife Refuge.
(2) VALUE.—
(A) IN GENERAL.—The value of the selec-
tion rights shall be equal to the fair market
value of—
(i) the oil and gas interests in the
lands or interests in lands that are the
subject of the selection rights; and
(ii) in the case of the lands or inter-
ests in lands for which Koniag is to receive
the entire subsurface estate, the subsurface
estate of the lands or interests in lands
that are the subject of the selection rights.
(B) APPRAISAL.—
(i) SELECTION OF APPRAISER.—
(I) IN GENERAL.—Not later than
90 days after the date of enactment of
this section the Secretary and Koniag
shall meet to select a qualified ap-
praiser to conduct an appraisal of the
selection rights. Subject to subclause
(II), the appraiser shall be selected by
the mutual agreement of the Sec-
retary and Koniag.
(II) FAILURE TO AGREE.—If the
Secretary and Koniag fail to agree on
an appraiser by the date that is 60
days after the date of the initial meet-
ing referred to in subclause (I), the
Secretary and Koniag shall, by the
date that is not later than 90 days
after the date of the initial meeting,
each designate an appraiser who is
qualified to perform the appraisal.
The 2 appraisers so identified shall
select a third qualified appraiser who
shall perform the appraisal.
(ii) STANDARDS
AND
METHODOL-
OGY.—The appraisal shall be conducted in
conformity with the standards of the Ap-
praisal Foundation (as defined in section
1121(9) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of
1989 (12 U.S.C. 3350(9)).
(iii) SUBMISSION OF APPRAISAL RE-
PORT.—Not later than 180 days after the
selection of an appraiser pursuant to
clause (i), the appraiser shall submit to the
Secretary and to Koniag a written ap-
praisal report specifying the value of the
selection rights and the methodology used
to arrive at the value.
(C) DETERMINATION OF VALUE.—
(i) DETERMINATION
BY
THE
SEC-
RETARY.—Not later than 60 days after the
date of the receipt of the appraisal report
under subparagraph (B)(iii), the Secretary
shall determine the value of the selection
rights and shall notify Koniag of the deter-
mination.
(ii) ALTERNATIVE
DETERMINATION
OF VALUE.—
(I) IN
GENERAL.—Subject to
subclause (II), if Koniag does not
agree with the value determined by
the Secretary under clause (i), the
procedures specified in section 206(d)
of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716
(d)) shall be used to establish the
value.
(II) AVERAGE
VALUE
LIMITA-
TION.—The average value per acre of
the selection rights shall not be less
than the value utilizing the risk ad-
justed discount cash flow methodol-
ogy, but in no event may exceed $300.
(c) KONIAG ACCOUNT.—
(1) IN
GENERAL.—(A) The Secretary shall
enter into negotiations for an agreement or agree-
ments to exchange Federal lands or interests therein
which are in the State of Alaska for the Selection
Rights.
(B) If the value of the Federal property to be
exchanged is less than the value of the Selection
Rights established in subsection (b), and if such
Federal property to be exchanged is not generating
receipts to the Federal Government in excess of
$1,000,000 per year, then the Secretary may ex-
change the Federal property for that portion of the
Selection Rights having a value equal to that of the
Federal property. The remaining selection rights
shall remain available for additional exchanges.
(C) For the purposes of any exchange to be
consummated under this section, if less than all the
selection rights are being exchanged, then the value
of the selection rights being exchanged shall be equal
to the number of acres of selection rights being ex-
changed multiplied by a fraction, the numerator of
which is the value of all the selection rights as deter-
mined pursuant to subsection (b) hereof and the de-
nominator of which is the total number of acres of
selection rights.
(2) ADDITIONAL
EXCHANGES.—If, after 10
years from the date of the enactment of this section,
the Secretary was unable to conclude such exchanges
as may be required to acquire all of the selection
rights, he shall conclude exchanges for the remaining
selection rights for such Federal property as may be
identified by Koniag, which property is available for
transfer to the administrative jurisdiction of the Sec-
retary under any provision of law and which prop-
erty, at the time of the proposed transfer to Koniag
is not generating receipts to the Federal Govern-
ment in excess of $1,000,000 per year. The Sec-
retary shall keep Koniag advised in a timely manner
as to which properties may be available for such
transfer. Upon receipt of such identification by
Koniag, the Secretary shall request in a timely man-
ner the transfer of such identified property to the
administrative jurisdiction of the Department of the
Interior. Such property shall not be subject to the
geographic limitations of section 206(b) of the Fed-
eral Land Policy and Management Act and may be
retained by the Secretary solely for purposes of
transferring it to Koniag to complete the exchange.
Should the value of the property so identified by
Koniag be in excess of the value of the remaining
selection rights, then Koniag shall have the option
of (A) declining to proceed with the exchange and
identifying other property, or (B) paying the dif-
ference in value between the property rights.
(d) CERTAIN CONVEYANCES.—In establishing a Set-
tlement Trust under section 39 of such Act (43 U.S.C.
1629c), Koniag may delegate, in whole or in part, the au-
thority granted to Koniag under subsection (b)(2) of such
section to any entity that Koniag may select without af-
fecting the status of the trust as a Settlement Trust under
such section.
SEC. 304. SNOWBASIN LAND EXCHANGE ACT.
(a) PURPOSE AND INTENT.—The purpose of this sec-
tion is to authorize and direct the Secretary to exchange
1,320 acres of federally-owned land within the Cache Na-
tional Forest in the State of Utah for lands of approxi-
mately equal value owned by the Sun Valley Company. It
is the intent of Congress that this exchange be completed
without delay within the period specified by subsection (d).
(b) DEFINITIONS.—As used in this section:
(1) The term ‘‘Sun Valley Company’’ means the
Sun Valley Company, a division of Sinclair Oil Cor-
poration, a Wyoming Corporation, or its successors
or assigns.
(2) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(c) EXCHANGE.—
(1) FEDERAL SELECTED LANDS.—(A) Not later
than 45 days after the final determination of value
of the Federal selected lands, the Secretary shall,
subject to this section, transfer all right, title, and
interest of the United States in and to the lands re-
ferred to in subparagraph (B) to the Sun Valley
Company.
(B) The lands referred to in subparagraph (A)
are certain lands within the Cache National Forest
in the State of Utah comprising 1,320 acres, more
or less, as generally depicted on the map entitled
‘‘Snowbasin Land Exchange—Proposed’’ and dated
October 1995.
(2) NON-FEDERAL
OFFERED
LANDS.—Upon
transfer of the Federal selected lands under para-
graph (1), and in exchange for those lands, the Sun
Valley Company shall simultaneously convey to the
Secretary all right, title and interest of the Sun Val-
ley Company in and to so much of the following of-
fered lands which have been previously identified by
the United States Forest Service as desirable by the
United States, or which are identified pursuant to
subparagraph (E) prior to the transfer of lands
under paragraph (1), as are of approximate equal
value to the Federal selected lands:
(A) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 640 acres and are generally depicted on
a map entitled ‘‘Lightning Ridge Offered
Lands’’, dated October 1995.
(B) Certain lands located within the Cache
National Forest in Weber County, Utah, which
comprise approximately 635 acres and are gen-
erally depicted on a map entitled ‘‘Wheeler
Creek Watershed Offered Lands—Section 2’’
dated October 1995.
(C) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, and lying immediately ad-
jacent to the outskirts of the City of Ogden,
Utah, which comprise approximately 800 acres
and are generally depicted on a map entitled
‘‘Taylor Canyon Offered Lands’’, dated October
1995.
(D) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 2,040 acres and are generally depicted
on a map entitled ‘‘North Fork Ogden River—
Devil’s Gate Valley’’, dated October 1995.
(E) Such additional offered lands in the
State of Utah as may be necessary to make the
values of the lands exchanged pursuant to this
section approximately equal, and which are ac-
ceptable to the Secretary.
(3) SUBSTITUTION
OF
OFFERED
LANDS.—If
one or more of the precise offered land parcels iden-
tified in subparagraphs (A) through (D) of para-
graph (2) is unable to be conveyed to the United
States due to appraisal or other reasons, or if the
Secretary and the Sun Valley Company mutually
agree and the Secretary determines that an alter-
native offered land package would better serve long
term public needs and objectives, the Sun Valley
Company may simultaneously convey to the United
States alternative offered lands in the State of Utah
acceptable to the Secretary in lieu of any or all of
the lands identified in subparagraphs (A) through
(D) of paragraph (2).
(4) VALUATION AND APPRAISALS.—(A) Values
of the lands to be exchanged pursuant to this section
shall be equal as determined by the Secretary utiliz-
ing nationally recognized appraisal standards and in
accordance with section 206 of the Federal Land
Policy and Management Act of 1976. The appraisal
reports shall be written to Federal standards as de-
fined in the Uniform Appraisal Standards for Fed-
eral Land Acquisitions. If, due to size, location, or
use of lands exchanged under this section, the values
are not exactly equal, they shall be equalized by the
payment of cash equalization money to the Secretary
or the Sun Valley Company as appropriate in ac-
cordance with section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(b)). In order to expedite the consummation of
the exchange directed by this section, the Sun Valley
Company shall arrange and pay for appraisals of the
offered and selected lands by a qualified appraiser
with experience in appraising similar properties and
who is mutually acceptable to the Sun Valley Com-
pany and the Secretary. The appraisal of the Fed-
eral selected lands shall be completed and submitted
to the Secretary for technical review and approval no
later than 120 days after the date of enactment of
this Act, and the Secretary shall make a determina-
tion of value not later than 30 days after receipt of
the appraisal. In the event the Secretary and the
Sun Valley Company are unable to agree to the ap-
praised value of a certain tract or tracts of land, the
appraisal, appraisals, or appraisal issues in dispute
and a final determination of value shall be resolved
through a process of bargaining or submission to ar-
bitration in accordance with section 206(d) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the
Federal selected lands, such appraisal shall—
(i) value the land in its unimproved state,
as a single entity for its highest and best use
as if in private ownership and as of the date of
enactment of this Act;
(ii) consider the Federal lands as an inde-
pendent property as though in the private mar-
ketplace and suitable for development to its
highest and best use;
(iii) consider in the appraisal any encum-
brance on the title anticipated to be in the con-
veyance to Sun Valley Company and reflect its
effect on the fair market value of the property;
and
(iv) not reflect any enhancement in value
to the Federal selected lands based on the exist-
ence of private lands owned by the Sun Valley
Company in the vicinity of the Snowbasin Ski
Resort, and shall assume that private lands
owned by the Sun Valley Company are not
available for use in conjunction with the Fed-
eral selected lands.
(d) GENERAL PROVISIONS RELATING TO THE EX-
CHANGE.—
(1) IN GENERAL.—The exchange authorized by
this section shall be subject to the following terms
and conditions:
(A) RESERVED
RIGHTS-OF-WAY.—In any
deed issued pursuant to subsection (c)(1), the
Secretary shall reserve in the United States a
right of reasonable access across the conveyed
property for public access and for administra-
tive purposes of the United States necessary to
manage adjacent federally-owned lands. The
terms of such reservation shall be prescribed by
the Secretary within 30 days after the date of
the enactment of this Act.
(B) RIGHT OF RESCISSION.—This section
shall not be binding on either the United States
or the Sun Valley Company if, within 30 days
after the final determination of value of the
Federal selected lands, the Sun Valley Company
submits to the Secretary a duly authorized and
executed resolution of the Company stating its
intention not to enter into the exchange author-
ized by this section.
(2) WITHDRAWAL.—Subject to valid existing
rights, effective on the date of enactment of this Act,
the Federal selected lands described in subsection
(c)(1) and all National Forest System lands cur-
rently under special use permit to the Sun Valley
Company at the Snowbasin Ski Resort are hereby
withdrawn from all forms of appropriation under the
public land laws (including the mining laws) and
from disposition under all laws pertaining to mineral
and geothermal leasing.
(3) DEED.—The conveyance of the offered
lands to the United States under this section shall
be by general warranty or other deed acceptable to
the Secretary and in conformity with applicable title
standards of the Attorney General of the United
States.
(4) STATUS OF LANDS.—Upon acceptance of
title by the Secretary, the land conveyed to the Unit-
ed States pursuant to this section shall become part
of the Wasatch or Cache National Forests as appro-
priate, and the boundaries of such National Forests
shall be adjusted to encompass such lands. Once
conveyed, such lands shall be managed in accordance
with the Act of March 1, 1911, as amended (com-
monly known as the ‘‘Weeks Act’’), and in accord-
ance with the other laws, rules and regulations ap-
plicable to National Forest System lands. This para-
graph does not limit the Secretary’s authority to ad-
just the boundaries pursuant to section 11 of the
Act of March 1, 1911 (‘‘Weeks Act’’). For the pur-
poses of section 7 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601–9), the
boundaries of the Wasatch and Cache National For-
ests, as adjusted by this section, shall be considered
to be boundaries of the forests as of January 1,
1965.
(e) PHASE FACILITY CONSTRUCTION
AND OPER-
ATION.—
(1) PHASE I FACILITY FINDING AND REVIEW.—
(A) The Congress has reviewed the Snowbasin Ski
Area Master Development Plan dated October 1995
(hereinafter in this subsection referred to as the
‘‘Master Plan’’). On the basis of such review, and re-
view of previously completed environmental and
other resource studies for the Snowbasin Ski Area,
Congress hereby finds that the ‘‘Phase I’’ facilities
referred to in the Master Plan to be located on Na-
tional Forest System land after consummation of the
land exchange directed by this section are limited in
size and scope, are reasonable and necessary to ac-
commodate the 2002 Olympics, and in some cases
are required to provide for the safety of skiing com-
petitors and spectators.
(B) Within 60 days after the date of enactment
of this Act, the Secretary and the Sun Valley Com-
pany shall review the Master Plan insofar as such
plan pertains to Phase I facilities which are to be
constructed and operated wholly or partially on Na-
tional Forest System lands retained by the Secretary
after consummation of the land exchange directed by
this section. The Secretary may modify such Phase
I facilities upon mutual agreement with the Sun Val-
ley Company or by imposing conditions pursuant to
paragraph (2) of this subsection.
(C) Within 90 days after the date of enactment
of this Act, the Secretary shall submit the reviewed
Master Plan on the Phase I facilities, including any
modifications made thereto pursuant to subpara-
graph (B), to the Committee on Energy and Natural
Resources of the United States Senate and the Com-
mittee on Resources of the United States House of
Representatives for a 30–day review period. At the
end of the 30–day period, unless otherwise directed
by Act of Congress, the Secretary may issue all nec-
essary authorizations for construction and operation
of such facilities or modifications thereof in accord-
ance with the procedures and provisions of para-
graph (2) of this subsection.
(2) PHASE I FACILITY APPROVAL, CONDITIONS,
AND TIMETABLE.—Within 120 days of receipt of an
application by the Sun Valley Company to authorize
construction and operation of any particular Phase
I facility, facilities, or group of facilities, the Sec-
retary, in consultation with the Sun Valley Com-
pany, shall authorize construction and operation of
such facility, facilities, or group of facilities, subject
to the general policies of the Forest Service pertain-
ing to the construction and operation of ski area fa-
cilities on National Forest System lands and subject
to reasonable conditions to protect National Forest
System resources. In providing authorization to con-
struct and operate a facility, facilities, or group of
facilities, the Secretary may not impose any condi-
tion that would significantly change the location,
size, or scope of the applied for Phase I facility un-
less—
(A) the modification is mutually agreed to
by the Secretary and the Sun Valley Company;
or
(B) the modification is necessary to protect
health and safety.
Nothing in this subsection shall be construed to af-
fect the Secretary’s responsibility to monitor and as-
sure compliance with the conditions set forth in the
construction and operation authorization.
(3) CONGRESSIONAL
DIRECTIONS.—Notwith-
standing any other provision of law, Congress finds
that consummation of the land exchange directed by
this section and all determinations, authorizations,
and actions taken by the Secretary pursuant to this
section pertaining to Phase I facilities on National
Forest System lands, or any modifications thereof,
to be nondiscretionary actions authorized and di-
rected by Congress and hence to comply with all pro-
cedural and other requirements of the laws of the
United States. Such determinations, authorizations,
and actions shall not be subject to administrative or
judicial review.
(f) 
NO
PRECEDENT.—Nothing 
in 
subsection
(c)(4)(B) of this section relating to conditions or limita-
tions on the appraisal of the Federal lands, or any provi-
sion of subsection (e), relating to the approval by the Con-
gress or the Forest Service of facilities on National Forest
System lands, shall be construed as a precedent for subse-
quent legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) FINDINGS.—Congress finds that—
(1) the Weyerhaeuser Company has offered to
the United States Government an exchange of lands
under which Weyerhaeuser would receive approxi-
Delta section of the North American Waterfowl
Management Plan;
(2) acquisition of the Arkansas Cossatot lands
by the United States will remove the lands in the
heart of a critical wetland ecosystem from sustained
timber production and other development;
(3) the acquisition of the Arkansas Ouachita
lands and the Oklahoma lands by the United States
for administration by the Forest Service will provide
an opportunity for enhancement of ecosystem man-
agement of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Okla-
homa lands have outstanding wildlife habitat and
important recreational values and should continue to
be made available for activities such as public hunt-
ing, fishing, trapping, nature observation, enjoy-
ment, education, and timber management whenever
these activities are consistent with applicable Fed-
eral laws and land and resource management plans;
these lands, especially in the riparian zones, also
harbor endangered, threatened and sensitive plants
and animals and the conservation and restoration of
these areas are important to the recreational and
educational public uses and will represent a valuable
ecological resource which should be conserved;
(5) the private use of the lands the United
States will convey to Weyerhaeuser will not conflict
with established management objectives on adjacent
Federal lands;
(6) the lands the United States will convey to
Weyerhaeuser as part of the exchange described in
paragraph (1) do not contain comparable fish, wild-
life, or wetland values;
(7) the values of all lands, mineral interests,
and oil and gas interests to be exchanged between
the United States and Weyerhaeuser are approxi-
mately equal in value; and
(8) the exchange of lands, mineral interests,
and oil and gas interests between Weyerhaeuser and
the United States is in the public interest.
(b) PURPOSE.—The purpose of this section is to au-
thorize and direct the Secretary of the Interior and the
Secretary of Agriculture, subject to the terms of this title,
to complete, as expeditiously as possible, an exchange of
lands, mineral interests, and oil and gas interests with
Weyerhaeuser that will provide environmental, land man-
agement, recreational, and economic benefits to the States
of Arkansas and Oklahoma and to the United States.
(c) DEFINITIONS.—As used in this section:
(1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean
the surface estate and any other interests therein ex-
cept for mineral interests and oil and gas interests.
(2) MINERAL INTERESTS.—The term ‘‘mineral
interests’’ means geothermal steam and heat and all
metals, ores, and minerals of any nature whatsoever,
except oil and gas interests, in or upon lands subject
to this title including, but not limited to, coal, lig-
nite, peat, rock, sand, gravel, and quartz.
(3) OIL AND GAS INTERESTS.—The term ‘‘oil
and gas interests’’ means all oil and gas of any na-
ture, including carbon dioxide, helium, and gas
taken from coal seams (collectively ‘‘oil and gas’’).
(4) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of the Interior and the Sec-
retary of Agriculture.
(5) 
WEYERHAEUSER.—The 
term
‘‘Weyerhaeuser’’ means Weyerhaeuser Company, a
company incorporated in the State of Washington.
(d) EXCHANGE OF LANDS AND MINERAL INTER-
ESTS.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law,
within 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall convey to
Weyerhaeuser, subject to any valid existing rights,
approximately 20,000 acres of Federal lands and
mineral interests in the State of Arkansas and ap-
proximately 28,000 acres of Federal lands and min-
eral interests in the State of Oklahoma as depicted
on maps entitled ‘‘Arkansas-Oklahoma Land Ex-
change—Federal Arkansas and Oklahoma Lands,’’
dated February 1996 and available for public inspec-
tion in appropriate offices of the Secretaries.
(2) OFFER AND ACCEPTANCE OF LANDS.—The
Secretary of Agriculture shall make the conveyance
to Weyerhaeuser if Weyerhaeuser conveys deeds of
title to the United States, subject to limitations and
the reservation described in subsection (e) and which
are acceptable to and approved by the Secretary of
Agriculture to the following—
(A) approximately 115,000 acres of lands
and mineral interests in the State of Oklahoma,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Okla-
homa Lands,’’ dated February 1996 and avail-
able for public inspection in appropriate offices
of the Secretaries;
(B) approximately 41,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Ouachita Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries; and
(C) approximately 25,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Cossatot Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries.
(e) EXCHANGE OF OIL AND GAS INTERESTS.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, at
the same time as the exchange for land and mineral
interests is carried out pursuant to this section, the
Secretary of Agriculture shall exchange all Federal
oil and gas interests, including existing leases and
other agreements, in the lands described in sub-
section (d)(1) for equivalent oil and gas interests, in-
cluding existing leases and other agreements, owned
by Weyerhaeuser in the lands described in sub-
section (d)(2).
(2) RESERVATION.—In addition to the ex-
change of oil and gas interests pursuant to para-
graph (1), Weyerhaeuser shall reserve oil and gas in-
terests in and under the lands depicted for reserva-
tion upon a map entitled Arkansas-Oklahoma Land
Exchange—Weyerhaeuser Oil and Gas Interest Res-
ervation Lands, dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries. Such reservation shall be subject to the
provisions of this title and the form of such reserva-
tion shall comply with the jointly agreed to Memo-
randum of Understanding between the Forest Serv-
ice and Weyerhaeuser dated March 27, 1996 and on
file with the Office of the Chief of the Forest Service
in Washington, D.C. and with the Committee on En-
ergy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives.
(f) GENERAL PROVISIONS.—
(1) MAPS CONTROLLING.—The acreage cited in
this section is approximate. In the case of a discrep-
ancy between the description of lands, mineral inter-
ests, or oil and gas interests to be exchanged pursu-
100
ant to subsections (d) and (e) and the lands, mineral
interests, or oil and gas interests depicted on a map
referred to in such subsection, the map shall control.
The maps referenced in this section shall be subject
to such minor corrections as may be agreed upon by
the Secretaries and Weyerhaeuser so long as the
Secretary of Agriculture notifies the Committee on
Energy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives of any such
minor corrections.
(2) FINAL
MAPS.—Not later than 180 days
after the conclusion of the exchange required by sub-
sections (d) and (e), the Secretaries shall transmit
maps accurately depicting the lands, mineral inter-
ests, and oil and gas interests conveyed and trans-
ferred pursuant to this section and the acreage and
boundary descriptions of such lands, mineral inter-
ests, and oil and gas interests to the Committees on
Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives.
(3) CANCELLATION.—If, before the exchange
has been carried out pursuant to subsections (d) and
(e), Weyerhaeuser provides written notification to
102
(1) ADDITION
TO
THE
SYSTEM.—Upon ap-
proval and acceptance of title by the Secretary of
Agriculture, the 156,000 acres of land conveyed to
the United States pursuant to subsection (d)(2)(A)
and (B) of this section shall be subject to the Act
of March 1, 1911 (commonly known as the Weeks
Law) (36 Stat. 961, as amended), and shall be ad-
ministered by the Secretary of Agriculture in accord-
ance with the laws and regulations pertaining to the
National Forest System.
(2) PLAN
AMENDMENTS.—No later than 12
months after the completion of the exchange re-
quired by this section, the Secretary of Agriculture
shall begin the process to amend applicable land and
resource management plans with public involvement
pursuant to section 6 of the Forest and Rangeland
Renewable Resource Planning Act of 1974, as
amended by the National Forest Management Act of
1976 (16 U.S.C. 1604): Provided, That no amend-
ment or revision of applicable land and resource
management plans shall be required prior to comple-
tion of the amendment process required by this
paragraph for the Secretary of Agriculture to au-
thorize or undertake activities consistent with forest
wide standards and guidelines and all other applica-
103
ble laws and regulations on lands conveyed to the
United States pursuant to subsection (d)(2)(A) and
(B).
(h) OTHER.—
(1) ADDITION
TO
THE
NATIONAL
WILDLIFE
REFUGE
SYSTEM.—Once acquired by the United
States, the 25,000 acres of land identified in sub-
section (d)(2)(C), the Arkansas Cossatot lands, shall
be managed by the Secretary of the Interior as a
component of the Cossatot National Wildlife Refuge
in accordance with the National Wildlife Refuge Sys-
tem Administration Act of 1966 (16 U.S.C. 668dd–
668ee).
(2) PLAN
PREPARATION.—Within 24 months
after the completion of the exchange required by this
section, the Secretary of the Interior shall prepare
and implement a single refuge management plan for
the Cossatot National Wildlife Refuge, as expanded
by this title. Such plans shall recognize the impor-
tant public purposes served by the nonconsumptive
activities, other recreational activities, and wildlife-
related public use, including hunting, fishing, and
trapping. The plan shall permit, to the maximum ex-
tent practicable, compatible uses to the extent that
they are consistent with sound wildlife management
104
and in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd–668ee) and other applicable laws. Any regu-
lations promulgated by the Secretary of the Interior
with respect to hunting, fishing, and trapping on
those lands shall, to the extent practicable, be con-
sistent with State fish and wildlife laws and regula-
tions. In preparing the management plan and regu-
lations, the Secretary of the Interior shall consult
with the Arkansas Game and Fish Commission.
(3) INTERIM USE OF LANDS.—
(A) IN GENERAL.—Except as provided in
paragraph (2), during the period beginning on
the date of the completion of the exchange of
lands required by this section and ending on the
first date of the implementation of the plan pre-
pared under paragraph (2), the Secretary of the
Interior shall administer all lands added to the
Cossatot National Wildlife Refuge pursuant to
this title in accordance with the National Wild-
life Refuge System Administration Act of 1966
(16 U.S.C. 668dd–668ee) and other applicable
laws.
(B) HUNTING SEASONS.—During the pe-
riod described in subparagraph (A), the dura-
105
tion of any hunting season on the lands de-
scribed in paragraph (1) shall comport with the
applicable State law.
(i) OUACHITA NATIONAL FOREST BOUNDARY AD-
JUSTMENT.—Upon acceptance of title by the Secretary of
Agriculture of the lands conveyed to the United States
pursuant to subsection (d)(2)(A) and (B), the boundaries
of the Ouachita National Forest shall be adjusted to en-
compass those lands conveyed to the United States gen-
erally depicted on the appropriate maps referred to in sub-
section (d). Nothing in this subsection shall limit the au-
thority of the Secretary of Agriculture to adjust the
boundary pursuant to section 11 of the Weeks Law of
March 1, 1911. For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9), the boundaries of the Ouachita National Forest,
as adjusted by this section, shall be considered to be the
boundaries of the Forest as of January 1, 1965.
(j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later
than 180 days after the date of enactment of this title,
the Secretary of Agriculture shall prepare a boundary de-
scription of the lands depicted on the map(s) referred to
in subsection (d)(2)(A) and (B). Such map(s) and bound-
ary description shall have the same force and effect as if
106
included in this Act, except that the Secretary of Agri-
culture may correct clerical and typographical errors.
SEC. 306. BIG THICKET NATIONAL PRESERVE.
(a) EXTENSION.—The last sentence of subsection (d)
of the first section of the Act entitled ‘‘An Act to authorize
the establishment of the Big Thicket National Preserve
in the State of Texas, and for other purposes’’, approved
October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ‘‘two years after date of enactment’’ and in-
serting ‘‘five years after the date of enactment’’.
(b) INDEPENDENT APPRAISAL.—Subsection (d) of
the first section of such Act (16 U.S.C. 698(d)) is further
amended by adding at the end the following: ‘‘The Sec-
retary, in considering the values of the private lands to
be exchanged under this subsection, shall consider inde-
pendent appraisals submitted by the owners of the private
lands.’’.
(c) LIMITATION.—Subsection (d) of the first section
of such Act (16 U.S.C. 698(d)), as amended by subsection
(b), is further amended by adding at the end the following:
‘‘The authority to exchange lands under this subsection
shall expire on July 1, 1998.’’.
(d) REPORTING REQUIREMENT.—Not later than 6
months after the date of the enactment of this Act and
every 6 months thereafter until the earlier of the con-
107
summation of the exchange or July 1, 1998, the Secretary
of the Interior and the Secretary of Agriculture shall each
submit a report to the Committee on Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate concerning the
progress in consummating the land exchange authorized
by the amendments made by Big Thicket National Pre-
serve Addition Act of 1993 (Public Law 103–46).
(e) 
LAND
EXCHANGE
IN
LIBERTY
COUNTY,
TEXAS.—If, within one year after the date of the enact-
ment of this Act—
(1) the owners of the private lands described in
subsection (f)(1) offer to transfer all their right,
title, and interest in and to such lands to the Sec-
retary of the Interior, and
(2) Liberty County, Texas, agrees to accept the
transfer of the Federal lands described in subsection
(f)(2),
the Secretary shall accept such offer of private lands and,
in exchange and without additional consideration, transfer
to Liberty County, Texas, all right, title, and interest of
the United States in and to the Federal lands described
in subsection (f)(2).
(f) LANDS DESCRIBED.—
108
(1) PRIVATE
LANDS.—The private lands de-
scribed in this paragraph are approximately 3.76
acres of lands located in Liberty County, Texas, as
generally depicted on the map entitled ‘‘Big Thicket
Lake Estates Access—Proposed’’.
(2) FEDERAL LANDS.—The Federal lands de-
scribed in this paragraph are approximately 2.38
acres of lands located in Menard Creek Corridor
Unit of the Big Thicket National Preserve, as gen-
erally depicted on the map referred to in paragraph
(1).
(g) ADMINISTRATION OF LANDS ACQUIRED BY THE
UNITED STATES.—The lands acquired by the Secretary
under subsection (e) shall be added to and administered
as part of the Menard Creek Corridor Unit of the Big
Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) LAND EXCHANGE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’) shall—
(A) acquire by exchange certain land and
interests in land owned by R-Y Timber, Inc.,
and its affiliates, successors, and assigns (re-
ferred to in this section as the ‘‘Corporation’’),
110
(i) CONVEYANCE.—On acceptance of
title to the Corporation’s land under sub-
paragraph (A) and on the effective date of
the document under paragraph (4), the
Secretary shall—
(I) convey to the Corporation,
subject to valid existing rights, by ex-
change deed, fee title to approximately
7,185 
acres 
in 
the 
Beaverhead-
Deerlodge National Forest; and
(II) grant to the Corporation the
right 
to 
harvest 
approximately
6,200,000 board feet of timber on cer-
tain land in the Beaverhead-Deerlodge
National Forest and approximately
4,000,000 board feet of timber on cer-
tain land in the Gallatin National
Forest, collectively referred to as the
harvest volume, as depicted on the
map described in subparagraph (A)
and subject to the terms and condi-
tions stated in the document under
paragraph (4).
(3) TIMBER HARVESTING.—
111
(A) IN GENERAL.—The timber harvest vol-
ume described in paragraph (2)(B)(i)(II) is in
addition to, and is not intended as an offset
against, the present or future planned timber
sale program for the Beaverhead-Deerlodge Na-
tional Forest or the Gallatin National Forest,
so long as the allowable sale quantity for each
national forest, respectively, is not exceeded for
the planning period.
(B) SBA SHARE.—The Forest Service
shall not reduce its Small Business Administra-
tion share of timber sale set-aside offerings in
the Beaverhead-Deerlodge National Forest or
the Gallatin National Forest by reason of the
land exchange under this subsection.
(C) MINIMUM
AND
MAXIMUM
ANNUAL
HARVESTS.—
(i) IN
GENERAL.—Subject to clause
(ii)—
(I) not less than 20 nor more
than 30 percent of the timber de-
scribed in paragraph (2)(B)(i)(II)
shall be made available by the end of
each fiscal year over a 4- or 5-year
period beginning with the first fiscal
112
year that begins after the date of en-
actment of this Act; and
(II) the Corporation shall be al-
lowed at least 3 years after the end of
each fiscal year in which to complete
the harvest of timber made available
for that fiscal year.
(ii) EXCEPTIONAL CIRCUMSTANCES.—
The timber harvest volumes specified in
clause (i) shall not be required in the case
of the occurrence of exceptional cir-
cumstances identified in the agreement
under paragraph (4). In the case of such
an occurrence that results in the making
available of less than 20 percent of the
timber for any fiscal year, the Secretary
shall provide compensation of equal value
to the Corporation in a form provided for
in the agreement under paragraph (4).
(4) LAND
EXCHANGE
SPECIFICATION
AGREE-
MENT.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, a document entitled ‘‘R-
Y/Forest Service Land Exchange Specifica-
113
tions’’ shall be jointly developed and agreed to
by the Corporation and the Secretary.
(B) DESCRIPTIONS OF LANDS TO BE EX-
CHANGED.—The document under subparagraph
(A) shall define the non-Federal and Federal
lands and interests in land to be exchanged and
include legal descriptions of the lands and inter-
ests in land and an agreement to harvest timber
on National Forest System land in accordance
with the standard timber contract specifica-
tions, section 251.14 of title 36, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this Act), and any other pertinent
conditions.
(C) SUBMISSION TO CONGRESS.—The doc-
ument under subparagraph (A)—
(i) upon its completion shall be sub-
mitted to the Committee on Energy and
Natural Resources of the Senate and the
Committee on Resources of the House of
Representatives; and
(ii) shall not take effect until 45 days
after the date of submission to both com-
mittees.
(D) DESIGN AND LAYOUT.—
114
(i) IN GENERAL.—The Forest Service
shall determine the timber sale design and
layout in consultation with the Corpora-
tion.
(ii) HARVEST
VOLUME.—Identifica-
tion of the timber harvest volume shall be
determined in accordance with Department
of Agriculture standards.
(iii) MONITORING.—The Forest Serv-
ice shall monitor harvest and post-harvest
activities to ensure compliance with the
terms and conditions of the document
under subparagraph (A).
(5) CONFLICT.—In case of conflict between the
map described in paragraph (2)(A) and the docu-
ment under paragraph (4), the map shall control.
(b) TITLE.—
(1) REVIEW OF TITLE.—Not later than 60 days
after receipt of title documents from the Corpora-
tion, the Secretary shall review the title for the non-
Federal land described in subsection (a)(2)(A) and
determine whether—
(A) title standards of the Department of
Justice applicable to Federal land acquisition
115
have been satisfied or the quality of title is oth-
erwise acceptable to the Secretary;
(B) all draft conveyances and closing docu-
ments have been received and approved;
(C) a current title commitment verifying
compliance with applicable title standards has
been issued to the Secretary; and
(D) the Corporation has complied with the
conditions imposed by this section.
(2) UNACCEPTABLE QUALITY OF TITLE.—If the
quality of title does not meet Federal standards and
is not otherwise acceptable to the Secretary, the Sec-
retary shall advise the Corporation regarding correc-
tive actions necessary to make an affirmative deter-
mination.
(3) CONVEYANCE
OF
TITLE.—The Secretary
shall accept the conveyance of land described in sub-
section (a)(2)(A) not later than 60 days after the
Secretary has made an affirmative determination of
quality of title.
(c) GENERAL PROVISIONS.—
(1) MAPS AND DOCUMENTS.—
(A) IN GENERAL.—The map described in
subsection (a)(2)(A) and the document under
subsection (a)(4) shall be subject to such minor
116
corrections as may be agreed upon by the Sec-
retary and the Corporation.
(B) PUBLIC AVAILABILITY.—The map de-
scribed in subsection (a)(2)(A) and the docu-
ment under subsection (a)(4) shall be on file
and available for public inspection in the appro-
priate offices of the Forest Service.
(2) NATIONAL FOREST SYSTEM LAND.—
(A) IN
GENERAL.—All land conveyed to
the United States under this section shall be
added to and administered as part of the Bea-
verhead-Deerlodge National Forest and shall be
administered by the Secretary in accordance
with the laws (including regulations) pertaining
to the National Forest System.
(B) WILDERNESS
STUDY
AREA
ACQUISI-
TIONS.—Land acquired under this section that
is located within the boundary of a wilderness
area in existence on the date of enactment of
this Act shall be included within the National
Wilderness Preservation System.
(3) VALUATION.—The values of the lands and
interests in land to be exchanged under this section
are deemed to be equal.
117
(4) LIABILITY FOR HAZARDOUS SUBSTANCES.—
The United States (including the departments, agen-
cies, and employees of the United States) shall not
be liable under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), or any
other Federal, State, or local law solely as a result
of the acquisition of an interest in the land described
in subsection (a)(2)(A) or because of circumstances
or events occurring before the acquisition, including
any release or threat of release of a hazardous sub-
stance.
(5) RELEASE FROM STUDY.—The land compris-
ing approximately 1,320 acres in the Beaverhead-
Deerlodge National Forest, as generally depicted on
the map entitled ‘‘West Pioneer Study Deletion—
Proposed’’, dated 1994, is released from study under
section 2(a)(1) of the Montana Wilderness Study
Act of 1977 (91 Stat. 1243).
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.
(a) CONVEYANCE
BY
THE SECRETARY
OF AGRI-
CULTURE.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (b), the Secretary of
118
Agriculture (hereinafter referred to as the ‘‘Sec-
retary’’) shall convey to the Orange County Council
of the Boy Scouts of America all right, title, and in-
terest of the United States in and to the parcel of
land described in paragraph (2) located in the Cleve-
land National Forest. The parcel conveyed by the
Secretary shall be subject to valid existing rights
and to any easements that the Secretary considers
necessary for public and administrative access.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) consists of not
more than 60 acres of land in Section 28, Township
9 South, Range 4 East, San Bernardino Meridian,
in the unincorporated territory of San Diego County,
California.
(b) CONVEYANCE BY THE BOY SCOUTS OF AMER-
ICA.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (a), the Orange County
Council of the Boy Scouts of America shall convey
to the United States all right, title, and interest to
the parcel of land described in paragraph (2). The
parcel conveyed under this subsection shall be sub-
ject to such valid existing rights of record as may be
acceptable to the Secretary, and the title to the par-
119
cel shall conform with the title approval standards
applicable to Federal land acquisitions.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) shall be approxi-
mately equal in value to the lands described in sub-
section (a)(2) and shall be at least the Southerly 94
acres of the Westerly 1⁄2 of Section 34, Township 9
South, Range 4 East, San Bernardino Meridian, in
the unincorporated territory of San Diego County,
California.
(c) BOUNDARY ADJUSTMENT.—Upon the completion
of the land exchange authorized under this section, the
Secretary shall adjust the boundaries of the Cleveland Na-
tional Forest to exclude the parcel conveyed by the Sec-
retary under subsection (a) and to include the parcel ob-
tained by the Secretary under subsection (b). For pur-
poses of section 7 of the Land and Water Conservation
Fund Act of 1964 (16 U.S.C. 460l–9), the boundary of
the Cleveland National Forest, as modified by this title,
shall be considered the boundary of the forest as of Janu-
ary 1, 1965.
(d) INCORPORATION INTO CLEVELAND NATIONAL
FOREST.—Upon acceptance of title by the Secretary, the
parcel obtained by the Secretary under subsection (b) shall
120
become part of the Cleveland National Forest and shall
be subject to all laws applicable to such national forest.
SEC. 309. SAND HOLLOW LAND EXCHANGE.
(a) DEFINITIONS.—As used in this section:
(1) DISTRICT.—The term ‘‘District’’ means the
Water Conservancy District of Washington County,
Utah.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) BULLOCH SITE.—The term ‘‘Bulloch Site’’
means the lands located in Kane County, Utah, ad-
jacent to Zion National Park, comprised of approxi-
mately 550 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(4) SAND
HOLLOW
SITE.—The term ‘‘Sand
Hollow Site’’ means the lands located in Washington
County, Utah, comprised of approximately 3,000
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
(5) QUAIL CREEK PIPELINE.—The term ‘‘Quail
Creek Pipeline’’ means the lands located in Wash-
ington County, Utah, comprised of approximately 40
121
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
(6) QUAIL
CREEK
RESERVOIR.—The term
‘‘Quail Creek Reservoir’’ means the lands located in
Washington County, Utah, comprised of approxi-
mately 480.5 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(7) SMITH PROPERTY.—The term ‘‘Smith Prop-
erty’’ means the lands located in Washington Coun-
ty, Utah, comprised of approximately 1,550 acres, as
generally depicted on a map entitled ‘‘Washington
County Water Conservancy District Exchange Pro-
posal’’ and dated May 30, 1996.
(b) EXCHANGE.—
(1) IN GENERAL.—Subject to the provisions of
this section, if within 18 months after the date of
the enactment of this Act, the Water Conservancy
District of Washington County, Utah, offers to
transfer to the United States all right, title, and in-
terest of the District in and to the Bulloch Site, the
Secretary of the Interior shall, in exchange, transfer
to the District all right, title, and interest of the
122
United States in and to the San Hollow Site, the
Quail Creek Pipeline and Quail Creek Reservoir,
subject to valid existing rights.
(2) WATER
RIGHTS
ASSOCIATED
WITH
THE
BULLOCH SITE.—The water rights associated with
the Bulloch Site shall be transferred to the United
States pursuant to Utah State law.
(3) WITHDRAWAL OF MINERAL INTERESTS.—
Subject to valid existing rights, the mineral interests
underlying the Sand Hollow Site, the Quail Creek
Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land
laws and from location, entry, and patent under the
mining laws of the United States, from the operation
of the mineral leasing laws of the United States,
from the operation of the Geothermal Steam Act of
1970, and from the operation of the Act of July 31,
1947, commonly known as the ‘‘Materials Act of
1947’’ (30 U.S.C. 601 et seq.).
(4) GRAZING.—The exchange of lands under
paragraph (1) shall be subject to agreement by the
District to continue to permit the grazing of domes-
tic livestock on the Sand Hollow Site under the
terms and conditions of existing Federal grazing
leases or permits, except that the District, upon ter-
123
minating any such lease or permit, shall fully com-
pensate the holder of the terminated lease or permit.
(c) EQUALIZATION OF VALUES.—The value of the
lands transferred out of Federal ownership under sub-
section (b) either shall be equal to the value of the lands
received by the Secretary under that section or, if not,
shall be equalized by—
(1) to the extent possible, transfer of all right,
title, and interest of the District in and to lands in
Washington County, Utah, and water rights of the
District associated thereto, which are within the
area providing habitat for the desert tortoise, as de-
termined by the Director of the Bureau of Land
Management;
(2) transfer of all right, title, and interest of
the District in and to lands in the Smith Site and
water rights of the District associated thereto; and
(3) the payment of money to the Secretary, to
the extent that lands and rights transferred under
paragraphs (1) and (2) are not sufficient to equalize
the values of the lands exchanged under subsection
(b)(1).
(d) MANAGEMENT
OF LANDS ACQUIRED
BY
THE
UNITED STATES.—Lands acquired by the Secretary under
this section shall be administered by the Secretary, acting
124
through the Director of the Bureau of Land Management,
in accordance with the provisions of law generally applica-
ble to the public lands, including the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) NATIONAL ENVIRONMENTAL POLICY ACT
OF
1976.—The exchange of lands under this section is not
subject to section 102 of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4322).
(f) VALUATION OF LANDS TO BE ACQUIRED BY THE
UNITED STATES IN WASHINGTON COUNTY, UTAH.—In
acquiring any lands and any interests in lands in Washing-
ton County, Utah, by purchase, exchange, donation or
other transfers of interest, the Secretary of the Interior
shall appraise, value, and offer to acquire such lands and
interests without regard to the presence of a species listed
as threatened or endangered or any proposed or actual
designation of such property as critical habitat for a spe-
cies listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZA-
TION FOR FISCAL YEARS 1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1748(a)) is amended by
striking out ‘‘October 1, 1978’’ and by inserting in lieu
thereof ‘‘October 1, 2002’’.
125
SEC. 311. LAND EXCHANGE WITH CITY OF GREELEY, COLO-
RADO, AND THE WATER SUPPLY AND STOR-
AGE COMPANY.
(a) LAND EXCHANGE.—
(1) IN GENERAL.—If the city of Greeley, Colo-
rado, and The Water Supply and Storage Company,
a Colorado mutual ditch company, offer to transfer
all their right, title, and interest in and to the Rock-
well Ranch property and Timberline Lake property,
and The Water Supply and Storage Company des-
ignated lands, all described in paragraph (2), the
Secretary of Agriculture shall, in exchange for such
property, transfer to the city and to the company, as
they each shall designate, all right, title, and interest
of the United States, including the mineral estate, in
and to the Federal lands described in paragraph (3)
within 12 months of the date of the city’s and com-
pany’s offer.
(2) CITY AND COMPANY LANDS.—
(A) The city and company lands to be ex-
changed under this subsection are these lands
depicted on maps entitled ‘‘Rockwell Ranch
Property Land Exchange’’ and ‘‘Timberline
Lake Property’’ and ‘‘Cameron Pass Lands’’
dated July 26, 1996.
126
(B) The Rockwell Ranch property is com-
prised of 4 parcels containing approximately
520 acres of lands.
(C) The Timberline Lake Property is a
parcel of approximately 10 acres located in the
Comanche Peak Wilderness which shall be con-
veyed by quit claim deed for the purposes of
eliminating any future title conflict between the
city of Greeley and the United States in regard
to the property.
(D) The Cameron Pass Lands consist of 2
parcels totaling approximately 178 acres owned
by The Water Supply and Storage Company.
(3) FEDERAL LANDS TO BE EXCHANGED.—The
Federal lands to be exchanged under this subsection
are those lands depicted on the maps referred to in
paragraph (2) as ‘‘Federal Exchange Lands’’. The
total area of Federal lands to be exchanged is ap-
proximately 1,176 acres, including approximately
447 acres occupied by the city and the company
under perpetual easements of the United States De-
partment of the Interior, Numbers D–028135 and
D–029149. The Federal lands to be exchanged in-
clude the following:
127
(A) All Federal land within the high water
contour lines of the following existing res-
ervoirs: Barnes Meadow, Chambers Lake, Co-
manche, Hourglass, Long Draw, Milton Sea-
man, Peterson Lake, and Twin Lakes, together
with their dams and structures. The high water
line is defined as the elevation at the dam crest
of each reservoir.
(B) A surcharge and operational access
area around each reservoir consisting of an av-
erage 50 foot horizontal projection from the
high water line and an average 100 foot hori-
zontal projection from the outer perimeter of all
dams and appurtenant structures, including but
not limited to, outlets, measuring devices, spill-
ways, wasteways, toe drains, canals, abutments,
and the Peterson Lake operations cabin, as
generally depicted on such map. The access
area to the east of Long Draw Reservoir will be
limited to the extent necessary to convey only
those lands within the boundary of the National
Forest.
(C) Those Federal lands which would be
occupied by an enlargement of Seaman Res-
ervoir to an approximate capacity of 43,000
128
acre feet (but not to exceed 50,000 acre feet),
including an average 50 foot horizontally pro-
jected buffer zone around the enlarged water
line and structures, and an 80–acre parcel of
Federal land south of Seaman Reservoir poten-
tially required for a downstream damsite on the
North Fork of the Cache la Poudre River, as
generally depicted on such map.
(b) TERMS AND CONDITIONS RELATING TO LAND
EXCHANGE.—The land exchange under subsection (a)
shall be processed in accordance with Forest Service Land
Exchange Regulations in part 254 of title 36, Code of
Federal Regulations, subpart A subject to the direction
in subsection (a) and the following terms and conditions:
(1) The United States shall grant perpetual ac-
cess easements to the city of Greeley and to The
Water Supply and Storage Company to the lands
conveyed by the United States under subsection (a)
as part of the consideration of this exchange. The
United States shall reserve easements for all des-
ignated roads and trails crossing any Federal lands
to be conveyed that are necessary to assure public
access to adjoining National Forest lands.
(2) The city of Greeley, Colorado, and The
Water Supply and Storage Company shall continue
129
to make the following facilities accessible to visitors
to the Roosevelt National Forest: Chambers, Long
Draw, Peterson, Barnes Meadow, Comanche, Sea-
man and Twin Lakes Reservoirs, under rules and re-
strictions as determined by the city and the com-
pany.
(3)(A) All special use permits and/or easements
or other instruments authorizing occupancy of the
Federal lands identified in subsection (a)(3) are re-
scinded upon completion of the exchange.
(B) The conditions specified in the December
28, 1994, and the January 4, 1995, easements for
Long Draw, Peterson Lake and Barnes Meadow
Reservoirs requiring a joint operations plan provid-
ing instream winter flows to the mainstream of the
Cache La Poudre River from Chambers Lake and
Barnes Meadow shall continue to be fulfilled regard-
less of land ownership unless mutually agreed other-
wise.
(C) No further consultation with the United
States Fish and Wildlife Service shall be required
for completion of this land exchange.
(D) 
No 
additional 
conditions, 
including
instream or bypass flow requirements, shall be re-
quired as a condition of this land exchange.
130
(4) The exchange under subsection (a) does not
include any water right owned by the city of Greeley,
Colorado, or The Water Supply and Storage Com-
pany, except as provided in paragraph (5).
(5) The city of Greeley’s one-half interest in the
following rights associated with the Rockwell Ranch
property, to wit: Rockwell Ditches No. 1 in the vol-
ume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s.,
No. 3 in the volume of 2.68 c.f.s., No. 4 in the vol-
ume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s.
and No. 6 in the volume of 2.5 c.f.s., diverting from
the South Fork of the Cache la Poudre River, and
its tributaries, Little Beaver Creek and the North
Fork of Little Beaver Creek, and all with the appro-
priation date of December 31, 1888, shall be dedi-
cated to the Colorado Water Conservation Board in
perpetuity for the instream flow program of the
State of Colorado upon completion of the exchange
in accordance with substantive and procedural re-
quirements of the laws of Colorado.
(6) The Federal Exchange Lands to be ex-
changed under subsection (a) shall be conveyed to
the city of Greeley and to The Water Supply and
Storage Company by means of a land exchange deed
issued by an authorized officer of the United States
131
Department of Agriculture, Forest Service, and not-
withstanding any other requirements of law, the Sec-
retary of Agriculture is authorized to conduct and
approve all cadastral surveys necessary for comple-
tion of the exchange.
(7) Values of the respective lands exchanged be-
tween the United States and the city of Greeley and
The Water Supply and Storage Company pursuant
to subsection (a) are deemed to be of approximately
equal value, without any need for cash equalization,
as based on statements of value prepared by a quali-
fied Forest Service Review Appraiser.
(8) It is recognized that some Federal lands to
be conveyed to the city of Greeley and The Water
Supply and Storage Company will create new hold-
ings in otherwise consolidated areas of Federal own-
ership. If the city or the company decide to perma-
nently discontinue reservoir operations on any of the
properties acquired through this exchange, the Unit-
ed States Forest Service, Arapaho-Roosevelt Na-
tional Forest Supervisor shall be advised of the in-
tent to perform nonreconstructive breaching of the
dam for purposes of permanently terminating res-
ervoir operations. Upon such notification, the United
States Forest Service will be afforded the oppor-
132
tunity to reacquire property at fair market value or
exchange or upon such other terms and conditions
as the parties may agree for a period of time not to
exceed one year.
(9) The Federal lands to be exchanged under
subsection (a), with the exception of the Seaman
Reservoir enlargement area and potential new
damsite below Seaman Reservoir on the North Fork
of the Cache la Poudre River, are already fully de-
veloped and authorized for occupancy by the city of
Greeley and The Water Supply and Storage Com-
pany. Therefore, this land exchange may be com-
pleted without further inventory or consultation
under the National Historic Preservation Act.
Should the city of Greeley seek enlargement of Sea-
man Reservoir or construction of a new dam on the
North Fork of the Poudre River below Seaman Res-
ervoir for a Seaman Reservoir Enlargement, the site
will be subject to all Federal statutes and regula-
tions applicable at the time of proposed construction.
(10) The Forest Service shall grant a 20–year
easement to the city of Greeley for use of the exist-
ing cabin in the north half of the southwest quarter
of Section 30, Township 8 North, Range 72 West.
The easement shall allow the use of the cabin, other
133
improvements, and access to the forest lands nearby.
The access road shall be available for city employees
to access the cabin for recreational purposes and to
the United States Forest Service for administrative
purposes.
(11) The Forest Service shall grant a 20–year
easement to the city of Greeley for use of approxi-
mately 1 acre of land under the existing cabin in the
vicinity of Jacks Gulch Campground on Pingree
Road as depicted on the attached map. The ease-
ment shall include the administrative use of the ac-
cess road to the cabin and the reservation of the use
of the cabin to those permitted under the existing
special use permit.
(c) ADMINISTRATION OF LANDS ACQUIRED BY THE
UNITED
STATES.—The Rockwell Ranch, Timberline
Lake, and Cameron Pass Lands acquired by the United
States under this section shall be added to and adminis-
tered as part of the Roosevelt National Forest. Those por-
tions of such property located within a wilderness area
shall be added to and administered as part of the wilder-
ness area.
(d) BOUNDARY MODIFICATION
OF
THE ARAPAHO
NATIONAL FOREST
AND ROOSEVELT NATIONAL FOR-
EST.—
134
(1) IN GENERAL.—In order to provide for more
efficient administration of certain Federal lands ad-
joining the Arapaho National Forest and Roosevelt
National Forest, the exterior boundary of the Arap-
aho Forest is hereby modified as shown on Depart-
ment of Agriculture, Forest Service map entitled
‘‘Boundary Modification, Arapaho National Forest’’
dated December 22, 1991, and the exterior bound-
ary of the Roosevelt Forest is hereby modified as
shown on Department of Agriculture, Forest Service
map entitled ‘‘Boundary Modification, Roosevelt Na-
tional Forest’’, dated August 15, 1995. The maps
and a legal description of the boundary changes
shall be on file and available for public inspection
in the offices of the Chief of the Forest Service and
appropriate field offices.
(2) 
ADMINISTRATION.—All 
Federal 
lands
brought within the boundary of the Arapaho Na-
tional Forest and Roosevelt National Forest by this
section are hereby added to the Arapaho National
Forest and Roosevelt National Forest, respectively,
and shall be administered in accordance with the
laws, rules, and regulations applicable to the Na-
tional Forest System.
135
(3) AVAILABILITY
OF
CERTAIN
LANDS.—For
the purpose of section 7 of the Land and Water
Conservation Act of 1965 (16 U.S.C. 460l–9), the
boundary of the Arapaho National Forest and Roo-
sevelt National Forest, as modified by this sub-
section, shall be treated as if it were the boundary
of that forest as of January 1, 1965.
SEC. 312. GATES OF THE ARCTIC NATIONAL PARK AND PRE-
SERVE LAND EXCHANGE AND BOUNDARY AD-
JUSTMENT.
(a) ACQUISITION
AND
EXCHANGE
AUTHORITY:
KILLIK RIVER ECOSYSTEM.—(1) The Secretary of the In-
terior (hereinafter in this section referred to as the ‘‘Sec-
retary’’) is authorized to acquire by exchange certain lands
which have been or may hereafter be conveyed to the Arc-
tic Slope Regional Corporation pursuant to the provisions
of the Alaska Native Claims Settlement Act and the State
of Alaska pursuant to the Alaska Statehood Act. These
lands consist of—
(A) approximately 1,270,000 acres of Arctic
Slope Regional Corporation lands and are depicted
on a map entitled ‘‘Arctic Slope Regional Corpora-
tion Killik River Ecosystem Lands’’, dated July
1996, appended to which is a legal description of
such lands; and
136
(B) up to 1,270,000 acres selected by the State
of Alaska pursuant to the Alaska Statehood Act,
consisting of—
(i) approximately 750,000 acres of State of
Alaska lands in the Killik River Ecosystem
which are depicted on a map entitled ‘‘Study of
Potential Addition of State of Alaska and Other
Lands, by Exchange, to the Gates of the Arctic
Park’’; and
(ii) the remainder being other State of
Alaska lands which are acceptable to the Sec-
retary.
The Killik River Ecosystem map and the Study of
Potential Addition map are on file at the Alaska Re-
gional Office of the National Park Service and the
offices of the Gates of the Arctic National Park and
Preserve in Fairbanks, Alaska.
(2) The private lands described in subparagraphs (A)
and (B)(i) of paragraph (1) may be acquired for addition
to the Gates of the Arctic National Preserve with the con-
sent of the owners, the Arctic Slope Regional Corporation,
or the State of Alaska, respectively. Upon acquisition by
the Secretary, such lands shall become, and be adminis-
tered as, a part of Gates of the Arctic National Preserve
to the same extent as if the lands were included within
137
the boundaries of the Preserve by the provisions of section
201(4) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3101 et seq.).
(b) ACQUISITION
AND
EXCHANGE
AUTHORITY:
OGOTORUK CREEK LANDS CONTAMINATED BY UNDIS-
CLOSED NUCLEAR TESTING.—(1) The Secretary of the
Interior is authorized to acquire by exchange certain addi-
tional lands which have been or may hereafter be conveyed
to the Arctic Slope Regional Corporation pursuant to the
provisions of the Alaska Native Claims Settlement Act.
These lands consist of approximately 204,860 acres and
are depicted on a map entitled ‘‘Arctic Slope Regional Cor-
poration Ogotoruk Creek Lands Contaminated by Undis-
closed Nuclear Testing’’, dated July 1996, appended to
which is a legal description of such lands. The Ogotoruk
Creek Lands map is on file at the Alaska State Office
of the Bureau of Land Management.
(2) The lands described in paragraph (1) were se-
lected by the Arctic Slope Regional Corporation under the
Alaska Native Claims Settlement Act for use as a trans-
portation corridor, without any disclosure by the Depart-
ment of the Interior that the southern portion of these
lands had been the subject of nuclear tests conducted by
the United States prior to selection by the Arctic Slope
Regional Corporation. The Arctic Slope Regional Corpora-
138
tion selected these lands with no knowledge of the nuclear
tests that had been conducted on these lands, and the
Inupiat Eskimo shareholders of the Arctic Slope Regional
Corporation believe that the radiation tests have caused
physical injury to some of the shareholders, and therefore
desire to exchange these lands. The private lands de-
scribed in paragraph (1) may be acquired by the Secretary
with the consent of the Arctic Slope Regional Corporation.
Upon acquisition by the Secretary, such lands shall be-
come public lands except that, to the extent such lands
are located within the exterior boundaries of the Alaska
Maritime National Wildlife Refuge—Chukchi Sea Unit,
such lands shall become, and be administered by the Sec-
retary as, a part of such unit of the National Wildlife Ref-
uge System.
(c) OTHER LANDS.—To facilitate the exchanges au-
thorized by this section, the Secretary is authorized to
make available to the Arctic Slope Regional Corporation
and to the State of Alaska lands, or interests therein, from
public lands within the 23,000,000 acre National Petro-
leum Reserve-Alaska. The Arctic Slope Regional Corpora-
tion was precluded from making land selections, under the
terms of the Alaska Native Claims Settlement Act, from
the National Petroleum Reserve-Alaska. The State of
Alaska was precluded from making land selections, under
139
the terms of the Alaska Statehood Act, from the National
Petroleum Reserve-Alaska. Since 1980, the Federal policy
with respect to the National Petroleum Reserve-Alaska
has been changed, and this area has been opened to oil
and gas leasing.
(d) WITHDRAWAL.—(1) To facilitate the land ex-
changes authorized by this section, the Secretary is au-
thorized to withdraw, subject to valid existing rights, from
all forms of appropriation under the public land laws, in-
cluding the mining and mineral leasing laws, lands identi-
fied for acquisition through an exchange under this section
by written notices submitted no later than 120 days after
enactment of this Act, to the Secretary by the Arctic Slope
Regional Corporation and the State of Alaska.
(2) The Arctic Slope Regional Corporation is author-
ized to identify by notice for withdrawal pursuant to para-
graph (1) not more than twice the number of acres of pri-
vate land identified for exchange in subsections (a) and
(b).
(3) The State of Alaska is authorized to identify by
notice for withdrawal pursuant to paragraph (1) not more
than twice the number of acres of State of Alaska land
identified for exchange in subsection (a).
(4) In the event of any overlap of lands identified for
withdrawal and potential acquisition by the Arctic Slope
140
Regional Corporation and the State of Alaska, the Sec-
retary shall request an identification by the Arctic Slope
Regional Corporation of one township of land (23,040
acres) within the area of overlap and such township shall
be available only for acquisition by the Arctic Slope Re-
gional Corporation. Thereafter, the Secretary shall request
an identification by the State of Alaska of one township
of land within the area of overlap and such township shall
be available only for acquisition by the State of Alaska.
Thereafter, the Secretary shall request alternating identi-
fications by the Arctic Slope Regional Corporation and by
the State of Alaska of one township of land within the
area of overlap until all lands within the area of overlap
shall have been identified by either the Arctic Slope Re-
gional Corporation or the State of Alaska.
(5) The withdrawal of lands required pursuant to
paragraph (1) shall terminate either upon the consumma-
tion of land exchanges with the Arctic Slope Regional Cor-
poration and the State of Alaska or upon the expiration
of a period of 3 years from the date of the withdrawal,
whichever first occurs: Provided, That the Secretary may
terminate the withdrawal of any lands withdrawn under
this subsection whenever the Secretary and the party iden-
tifying such lands for withdrawal mutually agree to ex-
clude such lands from further consideration for exchange
141
under this section; and: Provided further, That the Sec-
retary may conduct activities preparatory to leasing oil
and gas on lands withdrawn pursuant to this subsection.
(e) OTHER
LAWS.—Land exchanges authorized
under this section shall be consummated in accordance
with the provisions of this section, section 22(f) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1601,
1621(f)), and section 1302(h) of the Alaska National In-
terest Lands Conservation Act, and all of the lands, or
interests therein, conveyed to and received by the Arctic
Slope Regional Corporation pursuant to an exchange au-
thorized by subsections (a) and (b) of this section shall
be deemed conveyed and received pursuant to an exchange
under section 22(f) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601, 1621(f)).
(f) OTHER USES.—Subsistence, cultural, traditional,
and other uses of the Arctic Slope Regional Corporation’s
shareholders and local residents on the lands to be ac-
quired under subsections (a) and (b) shall continue to be
permitted.
(g) AUTHORIZATION.—There are hereby authorized
to be appropriated such sums as are necessary to carry
out the purposes of this section.
143
(7) the term ‘‘lands’’ means any lands, waters,
or interests therein;
(8) the term ‘‘Refuge’’ means the Kenai Na-
tional Wildlife Refuge;
(9) the term ‘‘Secretary’’ means the Secretary
of the Interior;
(10) the term ‘‘Service’’ means the United
States Fish and Wildlife Service; and
(11) the term ‘‘Terms and Conditions’’ means
the Terms and Conditions for Land Consolidation
and Management in the Cook Inlet Area, as clarified
on August 31, 1976, ratified by section 12 of Public
Law 94–204 (43 U.S.C. 1611 note).
(c) ACQUISITION OF LANDS.—
(1) OFFER TO KNA.—
(A) IN GENERAL.—Subject to the availabil-
ity of funds identified in paragraph (2)(C), no
later than 90 days after the date of enactment
of this Act, the Secretary shall offer to convey
to KNA the interests in land and rights set
forth in paragraph (2)(B), subject to valid ex-
isting rights, in turn for the conveyance by
KNA to the United States of the interests in
land or relinquishment of ANCSA selections set
forth in paragraph (2)(A). Payment for the
144
lands conveyed to the United States by KNA is
contingent upon KNA’s acceptance of the entire
conveyance outlined herein.
(B) LIMITATION.—The Secretary may not
convey any lands or make payment to KNA
under this section unless title to the lands to be
conveyed by KNA under this section has been
found by the United States to be sufficient in
accordance with the provisions of section 355 of
the Revised Statutes (40 U.S.C. 255).
(2) ACQUISITION LANDS.—
(A) LANDS
TO
BE
CONVEYED
TO
THE
UNITED STATES.—The lands to be conveyed by
KNA to the United States, or the valid selec-
tion rights under ANCSA to be relinquished, all
situated within the boundary of the Refuge, are
the following:
(i) The conveyance of approximately
803 acres located along and on islands
within the Kenai River, known as the
Stephanka Tract.
(ii) The conveyance of approximately
1,243 acres located along the Moose River,
known as the Moose River Patented Lands
Tract.
145
(iii) The relinquishment of—
(I) KNA’s selection known as the
Moose River Selected Tract, contain-
ing approximately 753 acres located
along the Moose River;
(II) KNA’s remaining ANCSA
entitlement 
of 
approximately 
454
acres; and
(III) all KNA’s remaining over
selections.
Upon completion of all relinquishments
specified in this paragraph, all KNA’s enti-
tlement shall be deemed to be extinguished
and the completion of this acquisition shall
satisfy all KNA’s ANCSA acreage entitle-
ment.
(iv) The conveyance of an access ease-
ment providing the United States and its
assigns access across KNA’s surface estate
in SW1⁄4 of section 21, T.6N., R.9W., Sew-
ard Meridian, Alaska.
(v) The conveyance of approximately
100 acres within the Beaver Creek Pat-
ented Tract, which is contiguous to lands
being retained by the United States contig-
146
uous to the Beaver Creek Patented Tract,
in exchange for 280 acres of Service lands
currently situated within the Beaver Creek
Selected Tract.
(B) LANDS TO BE CONVEYED TO KNA.—
The rights provided or lands to be conveyed by
the United States to KNA, are the following:
(i) The surface and subsurface estate
to approximately 5 acres, subject to res-
ervations of easements for existing roads
and utilities, located within the City of
Kenai, Alaska, identified as United States
Survey 1435, withdrawn by Executive
Order 2934, and known as the old Fish
and Wildlife Service Headquarters site.
(ii) The remaining subsurface estate
held by the United States to approximately
13,811 acres, including portions of the
Beaver Creek Selected Tract, and portions
of the Swanson River Road West Tract
and the Swanson River Road East Tract,
where the surface was previously or will be
conveyed to KNA pursuant to this section.
The conveyance of these subsurface inter-
ests shall be subject to the rights and obli-
147
gations of CIRI to the coal, oil, and gas,
and to all rights and obligations of CIRI,
its successors, and assigns would have
under paragraph 1(B) of the Terms and
Conditions, including the right to sand and
gravel, to construct facilities, to have
rights-of-way, and to otherwise develop its
subsurface interests.
(iii)(I) The nonexclusive right to use
sand and gravel which is reasonably nec-
essary for on-site development without
compensation or permit on those portions
of the Swanson River Road East Tract,
comprising approximately 1,738.04 acres;
where the entire subsurface of the land is
presently owned by the United States. The
United States shall retain the ownership of
all other sand and gravel located within the
subsurface and KNA shall not sell or dis-
pose of such sand and gravel.
(II) The right to excavate within the
subsurface estate as reasonably necessary
for structures, utilities, transportation sys-
tems, and other development of the surface
estate.
148
(iv) The nonexclusive right to excavate
within the subsurface estate as reasonably
necessary for structures, utilities, transpor-
tation systems, and other development of
the surface estate on the SW1⁄4 section 21,
T.6N., R.9W., Seward Meridian, Alaska,
where the entire subsurface of the land is
owned by the United States and which
public lands shall continue to be withdrawn
from mining following their removal from
the Refuge boundary under subsection
(d)(1)(A). The United States shall retain
the ownership of all other sand and gravel
located within the subsurface of this par-
cel.
(v) The surface estate of approxi-
mately 280 acres known as the Beaver
Creek Selected Tract. This tract shall be
conveyed to KNA in exchange for lands
conveyed to the United States as described
in paragraph (2)(A)(ii).
(C) PAYMENT.—The United States shall
make a total cash payment to KNA for the
above-described lands described in subpara-
graph (B) of $4,443,000, contingent upon the
149
appropriate approvals of the Federal or State of
Alaska EVOS Trustees (or both) necessary for
any expenditure of the EVOS settlement funds.
(D) NATIONAL
REGISTER
OF
HISTORIC
PLACES.—Upon completion of the acquisition
authorized in paragraph (1)(A), the Secretary
shall, at no cost to KNA, in coordination with
KNA, promptly undertake to nominate the
Stephanka Tract to the National Register of
Historic Places, in recognition of the archae-
ological artifacts from the original Dena’ina
Settlement. If the Department of the Interior
establishes a historical, cultural, or archaeologi-
cal interpretive site, KNA shall have the exclu-
sive right to operate a Dena’ina interpretive site
on the Stephanka Tract under the regulations
and policies of the department. If KNA declines
to operate such a site, the Department may do
so under its existing authorities. Prior to the
Department undertaking any archaeological ac-
tivities whatsoever on the Stephanka Tract,
KNA shall be consulted.
(d) GENERAL PROVISIONS.—
(1) REMOVAL OF KNA LANDS FROM THE NA-
TIONAL WILDLIFE REFUGE SYSTEM.—
150
(A) IN GENERAL.—Effective on the date of
closing for the Acquisition Lands identified in
subsection (c)(2)(B), all lands retained by or
conveyed to KNA pursuant to this section, and
the subsurface interests of CIRI underlying
such lands shall be automatically removed from
the National Wildlife Refuge System and shall
neither be considered as part of the Refuge nor
subject to any laws pertaining solely to lands
within the boundaries of the Refuge. The con-
veyance restrictions imposed by section 22(g) of
ANCSA (i) shall then be ineffective and cease
to apply to such interests of KNA and CIRI,
and (ii) shall not be applicable to the interests
received by KNA in accordance with subsection
(b)(2)(B) or to the CIRI interests underlying
them. The Secretary shall adjust the boundaries
of the Refuge so as to exclude all interests in
lands retained or received in exchange by KNA
in accordance with this section, including both
surface and subsurface, and shall also exclude
all interests currently held by CIRI. On lands
within the Swanson River Road East Tract, the
boundary adjustment shall only include the sur-
151
face estate where the subsurface estate is re-
tained by the United States.
(B) 
AGREEMENT.—(i) 
The 
Secretary,
KNA, and CIRI shall execute an agreement
within 45 days of the date of enactment of this
section which preserves CIRI’s rights under
paragraph 1(B)(1) of the Terms and Condi-
tions, addresses CIRI’s obligations under such
paragraph, and adequately addresses manage-
ment issues associated with the boundary ad-
justment set forth in this section and with the
differing interests in land resulting from enact-
ment of this section.
(ii) In the event that no agreement is exe-
cuted as provided for in clause (i), solely for the
purposes of administering CIRI’s rights and ob-
ligations under paragraph 1(B)(1) of the Terms
and Conditions, the Secretary and CIRI shall
be deemed to have retained their respective
rights and obligations with respect to CIRI’s
subsurface interests under the requirements of
the terms and Conditions in effect on June 18,
1996. Notwithstanding the boundary adjust-
ments made pursuant to this section, convey-
ances to KNA shall be deemed to remain sub-
152
ject to the Secretary’s and CIRI’s rights and
obligations under paragraph 1(B)(1) of the
Terms and Conditions.
(C) AUTHORIZATION.—The Secretary is
authorized to acquire by purchase or exchange,
on a willing seller basis only, any lands retained
by or conveyed to KNA. In the event that any
lands owned by KNA are subsequently acquired
by the United States, they shall be automati-
cally included in the Refuge System. The laws
and regulations applicable to Refuge lands shall
then apply to these lands and the Secretary
shall then adjust the boundaries accordingly.
(D) CERTAIN
CIRI
AND
KNA
RIGHTS.—
Nothing in this section is intended to enlarge or
diminish the authorities, rights, duties, obliga-
tions, or the property rights held by CIRI under
the Terms and Conditions, or otherwise except
as set forth in this section. In the event of the
purchase by the United States of any lands
from KNA in accordance with subsection
(c)(1)(C), the United States shall reassume
from KNA the rights it previously held under
the Terms and Conditions and the provisions in
153
any patent implementing section 22(g) of
ANCSA will again apply.
(E) CERTAIN IN-LIEU SUBSURFACE ENTI-
TLEMENT.—By virtue of implementation of this
section, CIRI is deemed entitled to 1,207 acres
of in-lieu subsurface entitlement under section
12(a)(1) of ANCSA. Such entitlement shall be
fulfilled 
in 
accordance 
with 
paragraph
1(B)(2)(A) of the Terms and Conditions.
(e) MAPS AND LEGAL DESCRIPTIONS.—Maps and a
legal description of the lands described above in subsection
(c)(2) shall be on file and available for public inspection
in the appropriate offices of the United States Department
of the Interior, and the Secretary shall, no later than 90
days after enactment of this section, prepare a legal de-
scription of the lands described in subsection (c)(2)(A)(v).
Such maps and legal description shall have the same force
and effect as if included in this section, except that the
Secretary may correct clerical and typographical errors.
(f) ACCEPTANCE.—KNA may accept the offer made
in this section by notifying the Secretary in writing of its
decision within 180 days of receipt of the offer. In the
event the offer is rejected, the Secretary shall notify the
Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources and
154
the Committee on Environment and Public Works of the
Senate.
(g) FINAL MAPS.—Not later than 120 days after the
conclusion of the acquisition authorized by subsection (c),
the Secretary shall transmit a final report and maps accu-
rately depicting the lands transferred and conveyed pursu-
ant to this section and the acreage and legal descriptions
of such lands to the Committee on Resources of the House
of Representatives and the Committee on Energy and
Natural Resources and the Committee on Environment
and Public Works of the Senate.
(h) ADJUSTMENTS TO NATIONAL WILDERNESS SYS-
TEM.—Upon acquisition of lands by the United States
pursuant to subsection (c)(2)(A), that portion of the
Stephanka Tract lying south and west of the Kenai River,
consisting of approximately 592 acres, shall be included
in and managed in accordance with the applicable provi-
sions of the Wilderness Act and ANILCA.
(i) DESIGNATION
OF LAKE TODATONEN SPECIAL
MANAGEMENT AREA.—To offset the removal of KNA
lands from the Refuge System, the Secretary is hereby au-
thorized to withdraw, subject to valid existing rights, and
to create as a special management unit for uses other than
Wilderness, including the protection of fish, wildlife, and
habitat, certain unappropriated and unreserved public
155
lands, totaling approximately 15,500 acres adjacent to the
west boundary of the Kanuti National Wildlife Refuge to
be known as the ‘‘Lake Todatonten Special Management
Area’’, from the 37,000 acres as depicted on the map enti-
tled Proposed: Lake Todatonten Special Management
Area, dated June 13, 1996, and to be managed by the
Bureau of Land Management. Such withdrawal shall not
include any validly selected land by the State of Alaska
or Alaska Native Corporation or any lands that the Sec-
retary determines has mineral potential based on surveys
conducted or to be conducted by the United States Geo-
logical Survey. Such withdrawals shall not occur, however,
until the Secretary has complied with the requirements of
subparagraphs (1) through (12) of paragraph 204(c)(2)
of FLPMA. The Secretary may study the remaining lands
within the area depicted on the map for future potential
withdrawal pursuant to section 204 of FLPMA.
(j) MANAGEMENT.—
(1) Such designation is subject to all valid ex-
isting rights including R.S. 2477 Rights-of-Way, as
well as the subsistence preferences provided under
title VIII of ANILCA.
(2)(A) The BLM shall establish the Lake
Todatonten Special Management Area Committee.
156
The membership of the Committee shall consist of
11 members as follows:
(i) Two residents each from the villages of
Alatna, Allakaket, Hughes, and Tanana.
(ii) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference,
and the State of Alaska.
(B) Members of the Committee shall serve with-
out pay.
(C) The BLM shall hold meetings of the Lake
Todatonten Special Management Area Committee at
least once per year to discuss management issues
within the Special Management Area. The BLM
shall not allow any new type of activity in the Spe-
cial Management Area without first conferring with
the Committee in a timely manner.
(k) ACCESS.—The Secretary shall allow the following:
(1) Private access for any purpose, including
economic development, to lands within the bound-
aries of the Special Management Area which are
owned by third parties or are held in trust by the
Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights
may be subject to restrictions issued by the BLM to
157
protect subsistence uses of Special Management
Area.
(2) Section 1110 of ANILCA shall apply to the
Special Management Area.
(l) SECRETARIAL ORDER AND MAPS.—The Secretary
shall file with the Committee on Resources of the United
States House of Representatives and the Committee and
Energy and Natural Resources of the United States Sen-
ate, the Secretarial Order and maps setting forth the
boundaries of the Area within 90 days of the completion
of the acquisition authorized by this section. Once estab-
lished, this Order may only be amended or revoked by Act
of Congress.
(m) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.
TITLE IV—RIVERS AND TRAILS
SEC. 401. CACHE LA POUDRE CORRIDOR.
(a) PURPOSE.—The purpose of this section is to des-
ignate the Cache La Poudre Corridor within the Cache
La Poudre River Basin and to provide for the interpreta-
tion, for the educational and inspirational benefit of
present and future generations, of the unique and signifi-
cant contributions to our national heritage of cultural and
158
historical lands, waterways, and structures within the
Area.
(b) DEFINITIONS.—As used in this section:
(1) COMMISSION.—The term ‘‘Commission’’
means the Cache La Poudre Corridor Commission
established by subsection (f)(1).
(2) CORRIDOR.—The term ‘‘Corridor’’ means
the Cache La Poudre Corridor established by section
401(c).
(3) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of Colorado.
(4) PLAN.—The term ‘‘Plan’’ means the inter-
pretation plan prepared by the Commission pursuant
to subsection (j)(1).
(5) POLITICAL SUBDIVISION OF THE STATE.—
The term ‘‘political subdivision of the State’’ means
a political subdivision of the State of Colorado, any
part of which is located in or adjacent to the Cor-
ridor, including a county, city, town, water conser-
vancy district, or special district.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(c) ESTABLISHMENT.—There is established in the
State of Colorado the Cache La Poudre Corridor.
159
(d) BOUNDARIES.—The boundaries of this Corridor
shall include those lands within the 100–year flood plain
of the Cache La Poudre River Basin, beginning at a point
where the Cache La Poudre River flows out of the Roo-
sevelt National Forest and continuing east along said
floodplain to a point one quarter of one mile west of the
confluence of the Cache La Poudre River and the South
Platte Rivers in Weld County, Colorado, comprising less
than 35,000 acres, and generally depicted as the 100–year
flood boundary on the Federal Flood Insurance maps list-
ed below:
(1) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0146B, April 2, 1979. United States De-
partment of Housing and Urban Development, Fed-
eral Insurance Administration.
(2) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0147B, April 2, 1979. United States De-
partment of Housing and Urban Development, Fed-
eral Insurance Administration.
(3) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0162B, April 2, 1979. United States De-
160
partment of Housing and Urban Development, Fed-
eral Insurance Administration.
(4) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0163C, March 18, 1986. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(5) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0178C, March 18, 1986. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(6) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080102 0002B, February 15, 1984. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(7) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0179C, March 18, 1986. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(8) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0193D, November 17, 1993. Federal Emer-
161
gency Management Agency, Federal Insurance Ad-
ministration.
(9) FLOOD
INSURANCE
RATE
MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0194D, November 17, 1993. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(10) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0208C, November 17, 1993. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(11) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080101 0221C, November 17, 1993. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(12) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0605D, September 27, 1991. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(13) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080264 0005A, September 27, 1991. Federal Emer-
162
gency Management Agency, Federal Insurance Ad-
ministration.
(14) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0608D, September 27, 1991. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(15) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0609C, September 28, 1982. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(16) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0628C, September 28, 1982. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
(17) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080184 0002B, July 16, 1979. United States De-
partment of Housing and Urban Development, Fed-
eral Insurance Administration.
(18) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0636C, September 28, 1982. Federal Emer-
163
gency Management Agency, Federal Insurance Ad-
ministration.
(19) FLOOD INSURANCE RATE MAP, LARIMER
COUNTY, 
COLORADO.—Community-Panel 
No.
080266 0637C, September 28, 1982. Federal Emer-
gency Management Agency, Federal Insurance Ad-
ministration.
As soon as practicable after the date of enactment of this
Act, the Secretary shall publish in the Federal Register
a detailed description and map of the boundaries of the
Corridor.
(e) PUBLIC ACCESS TO MAPS.—The maps shall be
on file and available for public inspection in—
(1) the offices of the Department of the Inte-
rior in Washington, District of Columbia, and Den-
ver, Colorado; and
(2) local offices of the city of Fort Collins,
Larimer Country, the city of Greeley, and Weld
County.
(f) ESTABLISHMENT OF THE CACHE LA POUDRE
CORRIDOR COMMISSION.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—There is established the
Cache La Poudre Corridor Commission.
164
(B) FUNCTION.—The Commission, in con-
sultation with appropriate Federal, State, and
local authorities, shall develop and implement
an integrated plan to interpret elements of the
history of water development within the Cor-
ridor.
(2) MEMBERSHIP.—The Commission shall be
composed of 15 members appointed not later than 6
months after the date of enactment of this title. Of
these 15 members—
(A) 1 member shall be a representative of
the Secretary of the Interior which member
shall be an ex officio member;
(B) 1 member shall be a representative of
the Forest Service, appointed by the Secretary
of Agriculture, which member shall be an ex
officio member;
(C) 3 members shall be recommended by
the Governor and appointed by the Secretary,
of whom—
(i) 1 member shall represent the
State;
(ii) 1 member shall represent Colo-
rado State University in Fort Collins; and
165
(iii) 1 member shall represent the
Northern Colorado Water Conservancy
District;
(iv) 6 members shall be representa-
tives of local governments who are rec-
ommended by the Governor and appointed
by the Secretary, of whom—
(I) 1 member shall represent the
city of Fort Collins;
(II) 2 members shall represent
Larimer County, 1 of which shall rep-
resent agriculture or irrigated water
interests;
(III) 1 member shall represent
the city of Greeley;
(IV) 2 members shall represent
Weld County, 1 of which shall rep-
resent agricultural or irrigated water
interests; and
(V) 1 member shall represent the
city of Loveland; and
(v) 3 members shall be recommended
by the Governor and appointed by the Sec-
retary, and shall—
(I) represent the general public;
166
(II) be citizens of the State; and
(III) reside within the Area.
(3) CHAIRPERSON.—The chairperson of the
Commission shall be elected by the members of the
Commission from among members appointed under
clauses (iiii), (iv), or (v) of subparagraph (A). The
chairperson shall be elected for a 2–year term.
(4) VACANCIES.—A vacancy on the Commission
shall be filled in the same manner in which the origi-
nal appointment was made.
(5) TERMS OF SERVICE.—
(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), each member of
the Commission shall be appointed for a term
of 3 years and may be reappointed.
(B) INITIAL MEMBERS.—The initial mem-
bers of the Commission first appointed under
paragraph (2)(A) shall be appointed as follows:
(i) 3–YEAR
TERMS.—The following
initial members shall serve for a 3–year
term:
(I) The representative of the Sec-
retary of the Interior.
(II) 1 representative of Weld
County.
167
(III) 1 representative of Larimer
County.
(IV) 1 representative of the city
of Loveland.
(V) 1 representative of the gen-
eral public.
(ii) 2–YEAR
TERMS.—The following
initial members shall serve for a 2–year
term:
(I) The representative of the
Forest Service.
(II) The representative of the
State.
(III) The representative of Colo-
rado State University.
(IV) The representative of the
Northern Colorado Water Conser-
vancy District.
(iii) 1–YEAR
TERMS.—The following
initial members shall serve for a 1–year
term:
(I) 1 representative of the city of
Fort Collins.
(II) 1 representative of Larimer
County.
168
(III) 1 representative of the city
of Greeley.
(IV) 1 representative of Weld
County.
(V) 1 representative of the gen-
eral public.
(C) PARTIAL TERMS.—
(i) FILLING VACANCIES.—A member
of the Commission appointed to fill a va-
cancy occurring before the expiration of
the term for which a predecessor was ap-
pointed shall be appointed only for the re-
mainder of their term.
(ii) EXTENDED SERVICE.—A member
of the Commission may serve after the ex-
piration of that member’s term until a suc-
cessor has taken office.
(6) COMPENSATION.—Members of the Commis-
sion shall receive no compensation for their service
on the Commission.
(7) TRAVEL
EXPENSES.—While away from
their homes or regular places of business in the per-
formance of services for the Commission, members
shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as per-
169
sons employed intermittently in the Government
service are allowed expenses under section 5703 of
title 5, United States Code.
(g) STAFF OF THE COMMISSION.—
(1) STAFF.—The Commission shall have the
power to appoint and fix the compensation of such
staff as may be necessary to carry out the duties of
the Commission.
(A) APPOINTMENT AND COMPENSATION.—
Staff appointed by the Commission—
(i) shall be appointed without regard
to the civil service laws and regulations;
and
(ii) shall be compensated without re-
gard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5,
United States Code, relating to classifica-
tion of positions and General Schedule pay
rates.
(2) EXPERTS AND CONSULTANTS.—Subject to
such rules as may be adopted by the Commission,
the Commission may procure temporary and inter-
mittent services to the same extent as is authorized
by section 3109(b) of title 5, United States Code, at
rates for individuals that do not exceed the daily
170
equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section
5316 of such title.
(3) STAFF OF OTHER AGENCIES.—
(A) FEDERAL.—Upon request of the Com-
mission, the head of a Federal agency may de-
tail, on a reimbursement basis, any of the per-
sonnel of the agency to the Commission to as-
sist the Commission in carrying out the Com-
mission’s duties. The detail shall be without
interruption or loss of civil service status or
privilege.
(B) 
ADMINISTRATIVE
SUPPORT
SERV-
ICES.—The Administrator of the General Serv-
ices Administration shall provide to the Com-
mission, on a reimbursable basis, such adminis-
trative support services as the Commission may
request.
(C) STATE.—The Commission may—
(i) accept the service of personnel de-
tailed from the State, State agencies, and
political subdivisions of the State; and
(ii) reimburse the State, State agency,
or political subdivision of the State for
such services.
171
(h) POWERS OF THE COMMISSION.—
(1) HEARINGS.—
(A) IN GENERAL.—The Commission may
hold such hearings, sit and act at such times
and places, take such testimony, and receive
such evidence as the Commission considers nec-
essary to carry out this title.
(B) SUBPOENAS.—The Commission may
not issue subpoenas or exercise any subpoena
authority.
(2) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the Federal Government.
(3) MATCHING FUNDS.—The Commission may
use its funds to obtain money from any source under
a program or law requiring the recipient of the
money to make a contribution in order to receive the
money.
(4) GIFTS.—
(A) IN GENERAL.—Except as provided in
subsection (e)(3), the Commission may, for the
purpose of carrying out its duties, seek, accept,
and dispose of gifts, bequests, or donations of
172
money, personal property, or services received
from any source.
(5) REAL PROPERTY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Commission may not ac-
quire real property or an interest in real prop-
erty.
(B) EXCEPTION.—Subject to subpara-
graph (C), the Commission may acquire real
property in the Corridor, and interests in real
property in the Corridor—
(i) by gift or device;
(ii) by purchase from a willing seller
with money that was given or bequeathed
to the Commission; or
(iii) by exchange.
(C) CONVEYANCE TO PUBLIC AGENCIES.—
Any real property or interest in real property
acquired by the Commission under subpara-
graph (B) shall be conveyed by the Commission
to an appropriate non-Federal public agency, as
determined by the Commission. The conveyance
shall be made—
(i) as soon as practicable after acqui-
sition;
173
(ii) without consideration; and
(iii) on the condition that the real
property or interest in real property so
conveyed is used in furtherance of the pur-
pose for which the Area is established.
(6) COOPERATIVE AGREEMENTS.—For the pur-
pose of carrying out the Plan, the Commission may
enter into cooperative agreements with Federal
agencies, State agencies, political subdivisions of the
State, and persons. Any such cooperative agreement
shall, at a minimum, establish procedures for provid-
ing notice to the Commission of any action that may
affect the implementation of the Plan.
(7) ADVISORY GROUPS.—The Commission may
establish such advisory groups as it considers nec-
essary to ensure open communication with, and as-
sistance from Federal agencies, State agencies, polit-
ical subdivisions of the State, and interested per-
sons.
(8) MODIFICATION OF PLANS.—
(A) IN GENERAL.—The Commission may
modify the Plan if the Commission determines
that such modification is necessary to carry out
this section.
174
(B) NOTICE.—No modification shall take
effect until—
(i) any Federal agency, State agency,
or political subdivision of the State that
may be affected by the modification re-
ceives adequate notice of, and an oppor-
tunity to comment on, the modification;
(ii) if the modification is significant,
as determined by the Commission, the
Commission has—
(I) provided adequate notice of
the modification by publication in the
area of the Corridor; and
(II) conducted a public hearing
with respect to the modification; and
(III) the Governor has approved
the modification.
(i) DUTIES OF THE COMMISSION.—
(1) PLAN.—The Commission shall prepare, ob-
tain approval for, implement, and support the Plan
in accordance with subsection (j).
(2) MEETINGS.—
(A) TIMING.—
(i) INITIAL MEETING.—The Commis-
sion shall hold its first meeting not later
175
than 90 days after the date on which its
last initial member is appointed.
(ii) SUBSEQUENT
MEETINGS.—After
the initial meeting, the Commission shall
meet at the call of the chairperson or 7 of
its members, except that the Commission
shall meet at least quarterly .
(B) QUORUM.—Ten members of the Com-
mission shall constitute a quorum, but a lesser
number of members may hold hearings.
(C) BUDGET.—The affirmative vote of not
less than 10 members of the Commission shall
be required to approve the budget of the Com-
mission.
(3) ANNUAL REPORTS.—Not later than May 15
of each year, following the year in which the mem-
bers of the Commission have been appointed, the
Commission shall publish and submit to the Sec-
retary and to the Governor, an annual report con-
cerning the Commission’s activities.
(j) PREPARATION, REVIEW, AND IMPLEMENTATION
OF THE PLAN.—
(1) PREPARATION OF PLAN.—
(A) IN GENERAL.—Not later than 2 years
after the Commission conducts its first meeting,
176
the Commission shall submit to the Governor
an Interpretation Plan.
(B) DEVELOPMENT.—In developing the
Plan, the Commission shall—
(i) consult on a regular basis with ap-
propriate officials of any Federal or State
agency, political subdivision of the State,
and local government that has jurisdiction
over or an ownership interest in land,
water, or water rights within the Area; and
(ii) conduct public hearings within the
Area for the purpose of providing inter-
ested persons the opportunity to testify
about matters to be addressed by the Plan.
(C) RELATIONSHIP TO EXISTING PLANS.—
The Plan—
(i) shall recognize any existing Fed-
eral, State, and local plans;
(ii) shall not interfere with the imple-
mentation, administration, or amendment
of such plans; and
(iii) to the extent feasible, shall seek
to coordinate the plans and present a uni-
fied interpretation plan for the Corridor.
(2) REVIEW OF PLAN.—
177
(A) IN GENERAL.—The Commission shall
submit the Plan to the Governor for his review.
(B) GOVERNOR.—The Governor may re-
view the Plan and if he concurs in the Plan,
may submit the Plan to the Secretary, together
with any recommendations.
(C) SECRETARY.—The Secretary shall ap-
prove or disapprove the Plan within 90 days. In
reviewing the Plan, the Secretary shall consider
the adequacy of—
(i) public participation; and
(ii) the Plan in interpreting, for the
educational and inspirational benefit of
present and future generations, the unique
and significant contributions to our na-
tional heritage of cultural and historical
lands, waterways, and structures within
the Corridor.
(3) DISAPPROVAL OF PLAN.—
(A) NOTIFICATION BY SECRETARY.—If the
Secretary disapproves the Plan, the Secretary
shall, not later than 60 days after the date of
disapproval, advise the Governor and the Com-
mission of the reasons for disapproval, together
with recommendations for revision.
178
(B) REVISION AND RESUBMISSION TO GOV-
ERNOR.—Not later than 90 days after receipt
of the notice of disapproval, the Commission
shall revise and resubmit the Plan to the Gov-
ernor for review.
(C) RESUBMISSION
TO
SECRETARY.—If
the Governor concurs in the revised Plan, he
may submit the revised Plan to the Secretary
who shall approve or disapprove the revision
within 60 days. If the Governor does not concur
in the revised Plan, he may resubmit it to the
Commission together with his recommendations
for further consideration and modification.
(4) IMPLEMENTATION
OF
PLAN.—After ap-
proval by the Secretary, the Commission shall imple-
ment and support the Plan as follows:
(A) CULTURAL RESOURCES.—
(i) IN
GENERAL.—The Commission
shall assist Federal agencies, State agen-
cies, political subdivisions of the State, and
nonprofit organizations in the conservation
and interpretation of cultural resources
within the Corridor.
(ii) EXCEPTION.—In providing the as-
sistance, the Commission shall in no way
179
infringe upon the authorities and policies
of a Federal agency, State agency, or polit-
ical subdivision of the State concerning the
administration and management of prop-
erty, water, or water rights held by such
agency, political subdivision, or private per-
sons or entities, or affect the jurisdiction
of the State of Colorado over any property,
water, or water rights within the Corridor.
(B) PUBLIC
AWARENESS.—The Commis-
sion shall assist in the enhancement of public
awareness of, and appreciation for, the histori-
cal, recreational, architectural, and engineering
structures in the Area, and the archaeological,
geological, and cultural resources and sites in
the Corridor—
(i) by encouraging private owners of
identified structures, sites, and resources
to adopt voluntary measures for the pres-
ervation of the identified structure, site, or
resource; and
(ii) by cooperating with Federal agen-
cies, State agencies, and political subdivi-
sions of the State in acquiring, on a willing
seller basis, any identified structure, site,
180
or resource which the Commission, with
the concurrence of the Governor, deter-
mines should be acquired and held by an
agency of the State.
(C) RESTORATION.—The Commission may
assist Federal agencies, State agencies, political
subdivisions of the State, and nonprofit organi-
zations in the restoration of any identified
structure or site in the Corridor with consent of
the owner. The assistance may include provid-
ing technical assistance for historic preserva-
tion, revitalization, and enhancement efforts.
(D) INTERPRETATION.—The Commission
shall assist in the interpretation of the histori-
cal, present, and future uses of the Corridor—
(i) by consulting with the Secretary
with respect to the implementation of the
Secretary’s duties under subsection (l);
(ii) by assisting the State and political
subdivisions of the State in establishing
and maintaining visitor orientation centers
and other interpretive exhibits within the
Corridor;
(iii) by encouraging voluntary co-
operation and coordination, with respect to
181
ongoing interpretive services in the Cor-
ridor, among Federal agencies, State agen-
cies, political subdivisions of the State,
nonprofit organizations, and private citi-
zens; and
(iv) by encouraging Federal agencies,
State agencies, political subdivisions of the
State, and nonprofit organizations to un-
dertake new interpretive initiatives with re-
spect to the Corridor.
(E) RECOGNITION.—The Commission shall
assist in establishing recognition for the Cor-
ridor by actively promoting the cultural, histori-
cal, natural, and recreational resources of the
Corridor on a community, regional, statewide,
national, and international basis.
(F) LAND EXCHANGES.—The Commission
shall assist in identifying and implementing
land exchanges within the State of Colorado by
Federal and State agencies that will expand
open space and recreational opportunities with-
in the flood plain of the Corridor.
(k) TERMINATION
OF TRAVEL EXPENSES PROVI-
SION.—Effective on the date that is 5 years after the date
on which the Secretary approves the Plan, members of the
182
Commission may no longer receive reimbursement for
travel expenses.
(l) DUTIES OF THE SECRETARY.—
(1) ACQUISITION
OF
LAND.—The Secretary
may acquire land and interests in land within the
Corridor that have been specifically identified by the
Commission for acquisition by the Federal Govern-
ment and that have been approved for such acquisi-
tion by the Governor and the political subdivision of
the State where the land is located by donation, pur-
chase with donated or appropriated funds, or ex-
change. Acquisition authority may only be used if
such lands cannot be acquired by donation or ex-
change. No land or interest in land may be acquired
without the consent of the owner.
(2) TECHNICAL
ASSISTANCE.—The Secretary
shall, upon the request of the Commission, provide
technical assistance to the Commission in the prepa-
ration and implementation of the Plan pursuant to
subsection (j).
(3) DETAIL.—Each fiscal year during the exist-
ence of the Commission, the Secretary shall detail to
the Commission, on a nonreimbursable basis, 2 em-
ployees of the Department of the Interior to enable
183
the Commission to carry out the Commission’s du-
ties under subsection (i).
(m) OTHER FEDERAL ENTITIES.—
(1) DUTIES.—Subject to subsection (a), a Fed-
eral entity conducting or supporting activities di-
rectly affecting the flow of the Cache La Poudre
River through the Corridor, or the natural resources
of the Corridor shall consult with the Commission
with respect to such activities;
(2) AUTHORIZATION.—
(A) IN GENERAL.—The Secretary or Ad-
ministrator of a Federal agency may acquire
land in the flood plain of the Corridor by ex-
change for other lands within such agency’s ju-
risdiction within the State of Colorado, based
on fair market value: Provided, That such lands
have been identified by the Commission for ac-
quisition by a Federal agency and the Governor
and the political subdivision of the State or the
owner where the lands are located concur in the
exchange. Land so acquired shall be used to ful-
fill the purpose for which the Corridor is estab-
lished.
(B) AUTHORIZATION
TO
CONVEY
PROP-
ERTY.—The Federal Property and Administra-
184
tive Services Act of 1949 shall not apply to any
property within the State of Colorado for the
Cache La Poudre Corridor.’’.
(n) EFFECT
ON
ENVIRONMENTAL
AND
OTHER
STANDARDS, 
RESTRICTIONS, 
AND
SAVINGS
PROVI-
SIONS.—
(1) EFFECT ON ENVIRONMENTAL AND OTHER
STANDARDS.—
(A) VOLUNTARY COOPERATION.—In carry-
ing out this section, the Commission and Sec-
retary shall emphasize voluntary cooperation.
(B) RULES, REGULATIONS, STANDARDS,
AND PERMIT PROCESSES.—Nothing in this sec-
tion shall be considered to impose or form the
basis for imposition of any environmental, occu-
pational, safety, or other rule, regulation,
standard, or permit process that is different
from those that would be applicable had the
Corridor not been established.
(C) ENVIRONMENTAL
QUALITY
STAND-
ARDS.—Nothing in this section shall be consid-
ered to impose the application or administration
of any Federal or State environmental quality
standard that is different from those that will
185
be applicable had the Corridor not been estab-
lished.
(D) WATER STANDARDS.—Nothing in this
section shall be considered to impose any Fed-
eral or State water use designation or water
quality standard upon uses of, or discharges to,
waters of the State or waters of the United
States, within or adjacent to the Corridor, that
is more restrictive than those that would be ap-
plicable had the Corridor not been established.
(E) PERMITTING OF FACILITIES.—Nothing
in the establishment of the Corridor shall
abridge, restrict, or alter any applicable rule,
regulation, standard, or review procedure for
permitting of facilities within or adjacent to the
Corridor.
(F) WATER FACILITIES.—Nothing in the
establishment of the Corridor shall affect the
continuing use and operation, repair, rehabilita-
tion, expansion, or new construction of water
supply facilities, water and wastewater treat-
ment facilities, stormwater facilities, public util-
ities, and common carriers.
(G) WATER AND WATER RIGHTS.—Noth-
ing in the establishment of the Corridor shall be
186
considered to authorize or imply the reservation
or appropriation of water or water rights for
any purpose.
(2) RESTRICTIONS ON COMMISSION AND SEC-
RETARY.—Nothing in this section shall be construed
to vest in the Commission or the Secretary the au-
thority to—
(A) require a Federal agency, State agen-
cy, political subdivision of the State, or private
person (including an owner of private property)
to participate in a project or program carried
out by the Commission or the Secretary under
the title;
(B) intervene as a party in an administra-
tive or judicial proceeding concerning the appli-
cation or enforcement of a regulatory authority
of a Federal agency, State agency, or political
subdivision of the State, including, but not lim-
ited to, authority relating to land use regula-
tion; environmental quality; licensing; permit-
ting; easements; private land development; or
other occupational or access issue;
(C) establish or modify a regulatory au-
thority of a Federal agency, State agency, or
187
political subdivision of the State, including au-
thority relating to—
(i) land use regulation;
(ii) environmental quality; or
(iii) pipeline or utility crossings;
(D) modify a policy of a Federal agency,
State agency, or political subdivision of the
State;
(E) attest in any manner the authority and
jurisdiction of the State with respect to the ac-
quisition of lands or water, or interest in lands
or water;
(F) vest authority to reserve or appro-
priate water or water rights in any entity for
any purpose;
(G) deny, condition, or restrict the con-
struction, repair, rehabilitation, or expansion of
water facilities, including stormwater, water,
and wastewater treatment facilities; or
(H) deny, condition, or restrict the exercise
of water rights in accordance with the sub-
stantive and procedural requirements of the
laws of the State.
(3) SAVINGS PROVISION.—Nothing in this sec-
tion shall diminish, enlarge, or modify a right of a
188
Federal agency, State agency, or political subdivision
of the State—
(A) to exercise civil and criminal jurisdic-
tion within the Corridor; or
(B) to tax persons, corporations, fran-
chises, or property, including minerals and
other interests in or on lands or waters within
the urban river corridor portions of the Cor-
ridor.
(4) ACCESS TO PRIVATE PROPERTY.—Nothing
in this section requires an owner of private property
to allow access to the property by the public.
(o) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated not to exceed $50,000 to the Commis-
sion to carry out this section.
(2) MATCHING FUNDS.—Funds may be made
available pursuant to this subsection only to the ex-
tent they are matched by equivalent funds or in-kind
contributions of services or materials from non-Fed-
eral sources.
SEC. 402. RIO PUERCO WATERSHED.
(a) MANAGEMENT PROGRAM.—
189
(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Director of the Bureau of
Land Management shall—
(A) in consultation with the Rio Puerco
Management Committee established by sub-
section (b)—
(i) establish a clearinghouse for re-
search and information on management
within the area identified as the Rio
Puerco Drainage Basin, as depicted on the
map entitled ‘‘the Rio Puerco Watershed’’
dated June 1994, including—
(I) current and historical natural
resource conditions; and
(II) data concerning the extent
and causes of watershed impairment;
and
(ii) establish an inventory of best
management practices and related mon-
itoring activities that have been or may be
implemented within the area identified as
the Rio Puerco Watershed Project, as de-
picted on the map entitled ‘‘the Rio Puerco
Watershed’’ dated June 1994; and
190
(B) provide support to the Rio Puerco
Management Committee to identify objectives,
monitor results of ongoing projects, and develop
alternative watershed management plans for the
Rio Puerco Drainage Basin, based on best man-
agement practices.
(2) RIO PUERCO MANAGEMENT REPORT.—
(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this Act, the Sec-
retary of the Interior, in consultation with the
Rio Puerco Management Committee, shall pre-
pare a report for the improvement of watershed
conditions in the Rio Puerco Drainage Basin
described in paragraph (1)(A).
(B) CONTENTS.—The report under sub-
paragraph (A) shall—
(i) identify reasonable and appropriate
goals and objectives for landowners and
managers in the Rio Puerco watershed;
(ii) describe potential alternative ac-
tions to meet the goals and objectives, in-
cluding proven best management practices
and costs associated with implementing the
actions;
191
(iii) recommend voluntary implemen-
tation of appropriate best management
practices on public and private lands;
(iv) provide for cooperative develop-
ment of management guidelines for main-
taining and improving the ecological, cul-
tural, and economic conditions on public
and private lands;
(v) provide for the development of
public participation and community out-
reach programs that would include propos-
als for—
(I) cooperative efforts with pri-
vate landowners to encourage imple-
mentation of best management prac-
tices within the watershed; and
(II) Involvement of private citi-
zens in restoring the watershed;
(vi) provide for the development of
proposals for voluntary cooperative pro-
grams among the members of the Rio
Puerco Management Committee to imple-
ment best management practices in a co-
ordinated, consistent, and cost-effective
manner;
192
(vii) provide for the encouragement of,
and support implementation of, best man-
agement practices on private lands; and
(viii) provide for the development of
proposals for a monitoring system that—
(I) builds on existing data avail-
able from private, Federal, and State
sources;
(II) provides for the coordinated
collection, evaluation, and interpreta-
tion of additional data as needed or
collected; and
(III) will provide information to
assess existing resource and socio-
economic conditions; identify priority
implementation actions; and assess
the effectiveness of actions taken.
(b) RIO PUERCO MANAGEMENT COMMITTEE.—
(1) ESTABLISHMENT.—There is established the
Rio Puerco Management Committee (referred to in
this section as the ‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall be
convened by a representative of the Bureau of Land
Management 
and 
shall 
include 
representatives
from—
193
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the De-
partment of Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife
Service;
(H) the Army Corps of Engineers;
(I) the Natural Resources Conservation
Service of the Department of Agriculture;
(J) the State of New Mexico, including the
New Mexico Environment Department of the
State Engineer;
(K) affected local soil and water conserva-
tion districts;
(L) the Elephant Butte Irrigation District;
(M) private landowners; and
(N) other interested citizens.
(3) DUTIES.—The Rio Puerco Management
Committee shall—
(A) advise the Secretary of the Interior,
acting through the Director of the Bureau of
Land Management, on the development and im-
194
plementation of the Rio Puerco Management
Program described in subsection (a); and
(B) serve as a forum for information about
activities that may affect or further the develop-
ment and implementation of the best manage-
ment practices described in subsection (a)
(4) TERMINATION.—The Committee shall ter-
minate on the date that is 10 years after the date
of enactment of this Act.
(c) REPORT.—Not later than the date that is 2 years
after the date of enactment of this Act, and biennially
thereafter, the Secretary of the Interior, in consultation
with the Rio Puerco Management Committee, shall trans-
mit to the Committee on Energy and Natural Resources
of the Senate and to the Committee on Resources of the
House of Representatives a report containing—
(1) a summary of activities of the management
program under subsection (a); and
(2) proposals for joint implementation efforts,
including funding recommendations.
(d) LOWER RIO GRANDE HABITAT STUDY.—
(1) IN GENERAL.—The Secretary of the Inte-
rior, in cooperation with appropriate State agencies,
shall conduct a study of the Rio Grande that—
195
(A) shall cover the distance from Caballo
Lake to Sunland Park, New Mexico; and
(B) may cover a greater distance.
(2) CONTENTS.—The study under paragraph
(1) shall include—
(A) a survey of the current habitat condi-
tions of the river and its riparian environment;
(B) identification of the changes in vegeta-
tion and habitat over the past 400 years and
the effect of the changes on the river and ripar-
ian area; and
(C) an assessment of the feasibility, bene-
fits, and problems associated with activities to
prevent further habitat loss and to restore habi-
tat through reintroduction or establishment of
appropriate native plant species.
(3) TRANSMITTAL.—Not later than 3 years
after the date on which funds are made available to
carry out this section, the Secretary of the Interior
shall transmit the study under paragraph (1) to the
Committee on Energy and Natural Resources of the
Senate and to the Committee on Resources of the
House of Representatives.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section a
196
total of $7,500,000 for the 10 fiscal years beginning after
the date of enactment of this Act.
SEC. 403. OLD SPANISH TRAIL.
Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(
) The Old Spanish Trail, beginning in Santa Fe,
New Mexico, proceeding through Colorado and Utah, and
ending in Los Angeles, California, and the Northern
Branch of the Old Spanish Trail, beginning near
Espanola, New Mexico, proceeding through Colorado, and
ending near Crescent Junction, Utah.’’.
SEC. 404. GREAT WESTERN SCENIC TRAIL.
Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(
) The Great Western Scenic Trail, a system of
trails to accommodate a variety of travel users in a cor-
ridor of approximately 3,100 miles in length extending
from the Arizona-Mexico border to the Idaho-Montana-
Canada border, following the approximate route depicted
on the map identified as ‘Great Western Trail Corridor,
1988’, which shall be on file and available for public in-
spection in the Office of the Chief of the Forest Service,
United States Department of Agriculture. The trail study
197
shall be conducted by the Secretary of Agriculture, in con-
sultation with the Secretary of the Interior, in accordance
with subsection (b) and shall include—
‘‘(A) the current status of land ownership and
current and potential use along the designated route;
‘‘(B) the estimated cost of acquisition of lands
or interests in lands, if any; and
‘‘(C) an examination of the appropriateness of
motorized trial use along the trail.’’.
SEC. 405. RS 2477.
No final rule or regulation of any agency of the Fed-
eral Government pertaining to the recognition, manage-
ment, or validity of a right-of-way pursuant to Revised
Statute 2477 (43 U.S.C. 932) shall take effect unless ex-
pressly authorized by an Act of Congress subsequent to
the date of enactment of this Act.
SEC. 406. HANFORD REACH PRESERVATION.
Section 2 of Public Law 100–605 is amended as fol-
lows:
(1) By striking ‘‘INTERIM’’ in the section
heading.
(2) By striking ‘‘For a period of eight years
after’’ and inserting ‘‘After’’ in subsection (a).
198
(3) By striking in subsection (b) ‘‘During the
eight year interim protection period, provided by this
section, all’’ and inserting ‘‘All’’.
SEC. 407. LAMPREY WILD AND SCENIC RIVER.
(a) DESIGNATION.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-
ing the following new paragraph at the end thereof:
‘‘(157) LAMPREY RIVER, NEW HAMPSHIRE.—The
11.5-mile segment extending from the southern Lee town
line to the confluence with the Piscassic River in the vicin-
ity of the Durham-Newmarket town line (hereinafter in
this paragraph referred to as the ‘segment’) as a rec-
reational river. The segment shall be administered by the
Secretary of the Interior through cooperative agreements
between the Secretary and the State of New Hampshire
and its relevant political subdivisions, namely the towns
of Durham, Lee, and Newmarket, pursuant to section
10(e) of this Act. The segment shall be managed in ac-
cordance with the Lamprey River Management Plan dated
January 10, 1995, and such amendments thereto as the
Secretary of the Interior determines are consistent with
this Act. Such plan shall be deemed to satisfy the require-
ments for a comprehensive management plan pursuant to
section 3(d) of this Act.’’.
(b) MANAGEMENT.—
199
(1) COMMITTEE.—The Secretary of the Interior
shall coordinate his management responsibilities
under this Act with respect to the segment des-
ignated by subsection (a) with the Lamprey River
Advisory Committee established pursuant to New
Hampshire RSA 483.
(2) LAND
MANAGEMENT.—The zoning ordi-
nances duly adopted by the towns of Durham, Lee,
and Newmarket, New Hampshire, including provi-
sions for conservation of shorelands, floodplains, and
wetlands associated with the segment, shall be
deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act, and
the provisions of that section, which prohibit Federal
acquisition of lands by condemnation, shall apply to
the segment designated by subsection (a). The au-
thority of the Secretary to acquire lands for the pur-
poses of this paragraph shall be limited to acquisi-
tion by donation or acquisition with the consent of
the owner thereof, and shall be subject to the addi-
tional criteria set forth in the Lamprey River Man-
agement Plan.
(c) UPSTREAM SEGMENT.—Upon request by the
town of Epping, which abuts an additional 12 miles of
river found eligible for designation as a recreational river,
200
the Secretary of the Interior shall offer assistance regard-
ing continued involvement of the town of Epping in the
implementation of the Lamprey River Management Plan
and in consideration of potential future addition of that
portion of the river within Epping as a component of the
Wild and Scenic Rivers System.
SEC. 408. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS
OF 1996.
(a) AMENDMENTS PERTAINING TO THE NEW RIVER
GORGE NATIONAL RIVER.—
(1) BOUNDARIES.—Section 1101 of the Na-
tional Parks and Recreation Act of 1978 (16 U.S.C.
460m–15) is amended by striking out ‘‘NERI–
80,023, 
dated 
January 
1987’’ 
and 
inserting
‘‘NERI–80,028A, dated March 1996’’.
(2) FISH AND WILDLIFE MANAGEMENT.—Sec-
tion 1106 of the National Parks and Recreation Act
of 1978 (16 U.S.C. 460m–20) is amended by adding
the following at the end thereof: ‘‘The Secretary
shall permit the State of West Virginia to undertake
fish stocking activities carried out by the State, in
consultation with the Secretary, on waters within the
boundaries of the national river. Nothing in this Act
shall be construed as affecting the jurisdiction of the
201
State of West Virginia with respect to fish and wild-
life.’’.
(3) CONFORMING AMENDMENTS.—Title XI of
the National Parks and Recreation Act of 1978 (16
U.S.C. 460m–15 and following) is amended by add-
ing the following new section at the end thereof:
‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
‘‘(a) COOPERATIVE AGREEMENTS.—The provisions
of section 202(e)(1) of the West Virginia National Interest
River Conservation Act of 1987 (16 U.S.C. 460ww–
1(e)(1)) shall apply to the New River Gorge National
River in the same manner and to the same extent as such
provisions apply to the Gauley River National Recreation
Area.
‘‘(b) REMNANT LANDS.—The provisions of the sec-
ond sentence of section 203(a) of the West Virginia Na-
tional Interest River Conservation Act of 1987 (16 U.S.C.
460ww–2(a)) shall apply to tracts of land partially within
the boundaries of the New River Gorge National River in
the same manner and to the same extent as such provi-
sions apply to tracts of land only partially within the
Gauley River National Recreation Area.’’.
(b) VISITOR CENTER.—The Secretary of the Interior
is authorized to construct a visitor center and such other
related facilities as may be deemed necessary to facilitate
202
visitor understanding and enjoyment of the New River
Gorge National River and the Gauley River National
Recreation Area in the vicinity of the confluence of the
New and Gauley Rivers. Such center and related facilities
are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or
Gauley River National Recreation Area unless a suitable
site is available within the boundaries of either unit.
(c) AMENDMENTS PERTAINING
TO
THE GAULEY
RIVER NATIONAL RECREATION AREA.—
(1) TECHNICAL AMENDMENT.—Section 205(c)
of the West Virginia National Interest River Con-
servation Act of 1987 (16 U.S.C. 460ww–4(c)) is
amended by adding the following at the end thereof:
‘‘If project construction is not commenced within the
time required in such license, or if such license is
surrendered at any time, such boundary modification
shall cease to have any force and effect.’’.
(2) GAULEY
ACCESS.—Section 202(e) of the
West Virginia National Interest River Conservation
Act of 1987 (16 U.S.C. 460ww–1(e)) is amended by
adding the following new paragraph at the end
thereof:
‘‘(4) ACCESS TO RIVER.—(A) In order to facili-
tate public safety, use, and enjoyment of the recre-
203
ation area, and to protect, to the maximum extent
feasible, the scenic and natural resources of the
area, the Secretary is authorized and directed to ac-
quire such lands or interests in lands and to take
such actions as are necessary to provide access by
noncommercial entities on the north side of the
Gauley River at the area known as Woods Ferry uti-
lizing existing roads and rights-of-way. Such actions
by the Secretary shall include the construction of
parking and related facilities in the vicinity of
Woods Ferry for noncommercial use on lands ac-
quired pursuant to paragraph (3) or on lands ac-
quired with the consent of the owner thereof within
the boundaries of the recreation area.
‘‘(B) If necessary, in the discretion of the Sec-
retary, in order to minimize environmental impacts,
including visual impacts, within portions of the
recreation area immediately adjacent to the river,
the Secretary may, by contract or otherwise, provide
transportation services for noncommercial visitors,
at reasonable cost, between such parking facilities
and the river.
‘‘(C) Nothing in subparagraph (A) shall affect
the rights of any person to continue to utilize, pur-
suant to a lease in effect on April 1, 1993, any right
204
of way acquired pursuant to such lease which au-
thorizes such person to use an existing road referred
to in subparagraph (A). Except as provided under
paragraph (2) relating to access immediately down-
stream of the Summersville project, until there is
compliance with this paragraph the Secretary is pro-
hibited from acquiring or developing any other river
access points within the recreation area.’’.
(d) AMENDMENTS PERTAINING TO THE BLUESTONE
NATIONAL SCENIC RIVER.—
(1) BOUNDARIES.—Section 3(a)(65) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))
is amended by striking out ‘‘WSR–BLU/20,000, and
dated January 1987’’ and inserting ‘‘BLUE–80,005,
dated May 1996’’.
(2) PUBLIC ACCESS.—Section 3(a)(65) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65))
is amended by adding the following at the end there-
of: ‘‘In order to provide reasonable public access and
vehicle parking for public use and enjoyment of the
river designated by this paragraph, consistent with
the preservation and enhancement of the natural
and scenic values of such river, the Secretary may,
with the consent of the owner thereof, negotiate a
memorandum of understanding or cooperative agree-
205
ment, or acquire not more than 10 acres of lands or
interests in such lands, or both, as may be necessary
to allow public access to the Bluestone River and to
provide, outside the boundary of the scenic river,
parking and related facilities in the vicinity of the
area known as Eads Mill.’’.
SEC. 409. TECHNICAL AMENDMENT TO THE WILD AND
SCENIC RIVERS ACT.
(a) NUMBERING OF PARAGRAPHS.—The unnumbered
paragraphs in section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)), relating to each of the following
river segments, are each amended by numbering such
paragraphs as follows:
Paragraph
River:
Number
East Fork of Jemez, New Mexico ......................................................
(109)
Pecos River, New Mexico ...................................................................
(110)
Smith River, California ......................................................................
(111)
Middle Fork Smith River, California .................................................
(112)
North Fork Smith River, California ..................................................
(113)
Siskiyou Fork Smith River, California ..............................................
(114)
South Fork Smith River, California ..................................................
(115)
Clarks Fork, Wyoming .......................................................................
(116)
Niobrara, Nebraska ...........................................................................
(117)
Missouri River, Nebraska and South Dakota ....................................
(118)
Bear Creek, Michigan ........................................................................
(119)
Black, Michigan .................................................................................
(120)
Carp, Michigan ..................................................................................
(121)
Indian, Michigan ................................................................................
(122)
Manistee, Michigan ............................................................................
(123)
Ontonagon, Michigan .........................................................................
(124)
Paint, Michigan ..................................................................................
(125)
Pine, Michigan ...................................................................................
(126)
Presque Isle, Michigan .......................................................................
(127)
Sturgeon, Hiawatha National Forest, Michigan ................................
(128)
Sturgeon, Ottawa National Forest, Michigan ...................................
(129)
East Branch of the Tahquamenon, Michigan ....................................
(130)
Whitefish, Michigan ...........................................................................
(131)
Yellow Dog, Michigan ........................................................................
(132)
Allegheny, Pennsylvania .....................................................................
(133)
Big Piney Creek, Arkansas ................................................................
(134)
206
Buffalo River, Arkansas ....................................................................
(135)
Cossatot River, Arkansas ...................................................................
(136)
Hurricane Creek, Arkansas ...............................................................
(137)
Little Missouri River, Arkansas .........................................................
(138)
Mulberry River, Arkansas ..................................................................
(139)
North Sylamore Creek, Arkansas ......................................................
(140)
Richland Creek, Arkansas ..................................................................
(141)
Sespe Creek, California ......................................................................
(142)
Sisquoc River, California ...................................................................
(143)
Big Sur River, California ...................................................................
(144)
Great Egg Harbor River, New Jersey ...............................................
(145)
The Maurice River, Middle Segment .................................................
(146)
The Maurice River, Middle Segment .................................................
(147)
The Maurice River, Upper Segment ..................................................
(148)
The Menantico Creek, Lower Segment ..............................................
(149)
The Menantico Creek, Upper Segment ..............................................
(150)
Manumuskin River, Lower Segment ..................................................
(151)
Manumuskin River, Upper Segment ..................................................
(152)
Muskee Creek, New Jersey ................................................................
(153)
Red River, Kentucky ..........................................................................
(154)
Rio Grande, New Mexico ...................................................................
(155)
Farmington River, Connecticut .........................................................
(156)
(b) STUDY RIVERS.—Section 5(a) of such Act is
amended as follows:
(1) Paragraph (106), relating to St. Mary’s,
Florida, is renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay
Creek, Delaware and Pennsylvania, is renumbered
as paragraph (113).
(3) The unnumbered paragraphs, relating to
each of the following rivers, are amended by num-
bering such paragraphs as follows:
Paragraph
River:
Number
Mills River, North Carolina .......................................................
(109)
Sudbury, Assabet, and Concord, Massachusetts ........................
(110)
Niobrara, Nebraska ....................................................................
(111)
Lamprey, New Hampshire .........................................................
(112)
Brule, Michigan and Wisconsin .................................................
(114)
Carp, Michigan ...........................................................................
(115)
Little Manistee, Michigan ..........................................................
(116)
White, Michigan .........................................................................
(117)
Ontonagon, Michigan .................................................................
(118)
207
Paint, Michigan ..........................................................................
(119)
Presque Isle, Michigan ...............................................................
(120)
Sturgeon, Ottawa National Forest, Michigan ............................
(121)
Sturgeon, Hiawatha National Forest, Michigan ........................
(122)
Tahquamenon, Michigan ............................................................
(123)
Whitefish, Michigan ...................................................................
(124)
Clarion, Pennsylvania .................................................................
(125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania ........
(126)
Piru Creek, California ................................................................
(127)
Little Sur River, California ........................................................
(128)
Matilija Creek, California ...........................................................
(129)
Lopez Creek, California .............................................................
(130)
Sespe Creek, California ..............................................................
(131)
North Fork Merced, California ..................................................
(132)
Delaware River, Pennsylvania and New Jersey .........................
(133)
New River, West Virginia and Virginia .....................................
(134)
Rio Grande, New Mexico ............................................................
(135)
SEC. 410. PROTECTION OF NORTH ST. VRAIN CREEK, COLO-
RADO.
(a) NORTH ST. VRAIN CREEK
AND ADJACENT
LANDS.—The Act of January 26, 1915, establishing
Rocky Mountain National Park (38 Stat. 798; 16 U.S.C.
191 and following), is amended by adding the following
new section at the end thereof:
‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.
‘‘Neither the Secretary of the Interior nor any other
Federal agency or officer may approve or issue any permit
for, or provide any assistance for, the construction of any
new dam, reservoir, or impoundment on any segment of
North St. Vrain Creek or its tributaries within the bound-
aries of Rocky Mountain National Park or on the main
stem of North St. Vrain Creek downstream to the point
at which the creek crosses the elevation 6,550 feet above
mean sea level. Nothing in this section shall be construed