211
and Management Act of 1976 (43 U.S.C. 1712) to man-
age the areas designated as wilderness by this title.
SEC. 533. LIVESTOCK.
Grazing of livestock in areas designated as wilderness
by this title, where such grazing is established before the
date of the enactment of this Act—
(1) may not be reduced, increased, or with-
drawn, except based solely on scientific analyses of
range conditions; and
(2) shall be administered in accordance with
section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)) and the guidelines set forth in House
Report 96–1126.
SEC. 534. WILDERNESS RELEASE.
(a) FINDING.—The Congress finds and directs that
public lands administered by the Bureau of Land Manage-
ment within the conservation area in the County of
Emery, Utah, that are depicted on the map entitled ‘‘San
Rafael Swell National Heritage/Conservation Area Pro-
posed’’, dated June 12, 1998, have been adequately stud-
ied for wilderness designation pursuant to section 603 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782).
(b) RELEASE.—Any public lands administered by the
Bureau of Land Management within the conservation area
212
in the County of Emery, Utah, that are depicted on the
map entitled ‘‘San Rafael Swell National Heritage/Con-
servation Area Proposed’’, dated June 12, 1998, and that
are not designated as wilderness by this title are no longer
subject to section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)). Such lands
shall be managed for public uses as defined in section
103(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702(c)) and in accordance with land
management plans adopted pursuant to section 202 of
such Act (43 U.S.C. 1712) and this title.
Subtitle D—Other Special Manage-
ment Areas Within Conservation
Area
SEC. 541. SAN RAFAEL SWELL DESERT BIGHORN SHEEP
MANAGEMENT AREA.
(a) ESTABLISHMENT AND PURPOSES.—
(1) ESTABLISHMENT.—There is hereby estab-
lished in the conservation area the San Rafael Swell
Desert Bighorn Sheep Management Area (in this
section referred to as the ‘‘management area’’).
(2) PURPOSES.—The purposes of the manage-
ment area are the following:
(A) To provide for the prudent manage-
ment of Desert Bighorn Sheep and their habi-
213
tat in the Sid’s Mountain area of the conserva-
tion area.
(B) To provide opportunities for watchable
wildlife, hunting, and scientific study of Desert
Bighorn Sheep and their habitat.
(C) To provide a seed source for other
Desert Bighorn Sheep herds, and a gene pool to
protect genetic diversity within the Desert Big-
horn Sheep species.
(D) To provide educational opportunities
to the public regarding Desert Big Horn Sheep
and their environs.
(E) To maintain the natural qualities of
the lands and habitat of the management area
to the extent practicable with prudent manage-
ment of desert bighorn sheep.
(b) AREA INCLUDED.—The management area shall
consist of approximately 73,909 acres of federally owned
lands and interests therein managed by the Bureau of
Land Management as generally depicted on the map enti-
tled ‘‘San Rafael Swell National Heritage/Conservation
Area Proposed’’, dated June 12, 1998.
(c) MANAGEMENT AND USE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the management area and use
214
of the management area shall be subject to all re-
quirements and restrictions that apply to the con-
servation area.
(2) 
MECHANIZED
TRAVEL.—The 
Secretary
shall not allow any mechanized travel in the manage-
ment area, except—
(A) mechanized travel that is in accord-
ance with the plan; and
(B) mechanized travel by personnel of the
Utah Division of Wildlife Resources and the
Bureau of Land Management, including over-
flights of aircraft and landings of helicopters,
may be allowed as needed to manage the Desert
Bighorn Sheep and their habitat.
(3) DESERT BIGHORN SHEEP MANAGEMENT.—
The Secretary and the Utah Division of Wildlife Re-
sources may use such management tools as are
needed to provide for the sustainability of the Desert
Bighorn Sheep herd and the range resource of the
management area, including animal transplanting
(both into and out of the management area), hunt-
ing, water development, fencing, surveys, prescribed
fire, control of noxious or invading weeds, and pred-
ator control.
215
(4) WILDLIFE VIEWING.—The Secretary, in co-
operation with the State of Utah and the Advisory
Council, shall manage the management area to pro-
vide opportunities for the public to view Desert Big-
horn Sheep in their natural habitat. However, the
Secretary may restrict mechanized and nonmecha-
nized visitation to sensitive areas during critical sea-
sons as needed to provide for the proper manage-
ment of the Desert Bighorn Sheep herd of the man-
agement area.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall include
a management plan for the management area in the
management plan for the conservation area under
section 523.
(2) CONTENTS.—The management plan for the
management area shall establish goals and manage-
ment steps to be taken within the management area
to achieve the purposes of the management area
under subsection (a)(2).
(3) PARTICIPATION.—The Secretary shall co-
operate with the Utah Division of Wildlife Resources
and the Advisory Council in developing the manage-
ment plan for the management area.
(e) FACILITIES.—
216
(1) IN GENERAL.—The Secretary may estab-
lish, operate, and maintain in the management area
such facilities as are needed to provide for the man-
agement and safety of recreational users of the man-
agement area.
(2) VIEWING SITES.—Facilities under this sub-
section may include improved sheep viewing sites
around the periphery of the management area, if
such sites do not interfere with the proper manage-
ment of the sheep and their habitat.
(f) DEVELOPMENT OF HERITAGE SITES.—This sec-
tion shall not be construed to preclude the utilization, en-
hancement, and maintenance of national heritage area
sites in the management area, if such activities do not con-
flict with the purposes of the management area under sub-
section (a).
SEC. 542. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.
(a) DESIGNATION AND PURPOSES.—The Secretary
shall designate areas in the conservation area as semi-
primitive nonmotorized use areas. The purposes of the
semi-primitive areas are the following:
(1) To provide opportunities for isolation from
the sights and sounds of man.
(2) To provide opportunities to have a high de-
gree of interaction with the natural environment.
217
(3) To provide opportunities for recreational
users to practice outdoor skills in settings that
present moderate challenge and risk.
(b) AREA INCLUDED.—The semi-primitive areas shall
consist generally of approximately 120,695 acres of feder-
ally owned lands and interests therein located in the con-
servation area that are managed by the Bureau of Land
Management, as generally depicted on the map entitled
‘‘San Rafael Swell National Heritage/Conservation Area
Proposed’’, dated June 12, 1998.
(c) MANAGEMENT AND USE.—Except as otherwise
provided in this section, semi-primitive areas shall be sub-
ject to all requirements and restrictions that apply to the
conservation area.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall include
a management plan for the semi-primitive areas in
the management plan for the conservation area
under section 523.
(2) CONTENTS.—The management plans for
the semi-primitive areas shall establish goals and
management steps to be taken within the semi-
primitive areas to achieve the purposes under sub-
section (a).
218
(e) DEVELOPMENT OF HERITAGE SITES.—This sec-
tion shall not be construed to preclude the utilization, en-
hancement, and maintenance of national heritage area
sites in any semi-primitive area, if such activities do not
conflict with the purposes of the semi-primitive areas
under subsection (a).
SEC. 543. SCENIC VISUAL AREA OF CRITICAL ENVIRON-
MENTAL CONCERN.
(a) DESIGNATION
AND PURPOSE.—The Secretary
shall designate areas in the conservation area as a scenic
visual area of critical environmental concern (in this sec-
tion referred to as the ‘‘scenic visual ACEC’’). The pur-
pose of the scenic visual ACEC is to preserve the scenic
value of the Interstate Route 70 corridor within the con-
servation area.
(b) AREA INCLUDED.—The scenic visual ACEC shall
consist generally of approximately 27,670 acres of lands
and interests therein located in the conservation area bor-
dering Interstate Route 70 that are managed by the Bu-
reau of Land Management, as generally depicted on the
map entitled ‘‘San Rafael Swell National Heritage/Con-
servation Area Proposed’’, dated June 12, 1998.
(c) MANAGEMENT AND USE.—Except as otherwise
provided in this section, the scenic visual ACEC shall be
subject to all requirements and restrictions that apply to
219
the conservation area, and shall be managed to protect
scenic values in accordance with the Bureau of Land Man-
agement document entitled ‘‘San Rafael Resource Man-
agement Plan, Utah, Moab District, San Rafael Resource
Area, 1991’’.
Subtitle E—General Management
Provisions
SEC. 551. LIVESTOCK GRAZING.
(a) AREAS OTHER THAN WILDERNESS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), the Secretary shall permit domestic live-
stock grazing in areas of the conservation area
where grazing was established before the enactment
of this Act. Grazing in such areas may not be re-
duced, increased, or withdrawn, except based solely
on scientific analyses of range conditions.
(2) COMPLIANCE WITH APPLICABLE REQUIRE-
MENTS.—Except as provided in subsection (b), any
livestock grazing on public lands within the con-
servation area and activities the Secretary deter-
mines necessary to carry out proper and practical
grazing management programs on such public lands
(such as animal damage control activities), shall be
managed in accordance with the Act of June 28,
1934 (43 U.S.C. 315 et seq.; commonly referred to
220
as the ‘‘Taylor Grazing Act’’), section 402 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752), other laws applicable to such use
and programs on the public lands, and the manage-
ment plan for the conservation area.
(3) CERTAIN
WATER
FACILITIES
NOT
AF-
FECTED.—Nothing in this title shall affect the main-
tenance, repair, replacement, or improvement of, or
ingress to or egress from, water catchment, storage,
and conveyance facilities in existence before the date
of the enactment of this Act that are associated with
livestock or wildlife purposes, whether located within
or outside of the boundaries of areas designated as
part of the conservation area under this title.
(b) WILDERNESS.—Subsection (a) shall not apply to
any wilderness designated by this title.
SEC. 552. CULTURAL AND PALEONTOLOGICAL RESOURCES.
The Secretary shall allow for the discovery of, shall
protect, and may interpret, cultural or paleontological re-
sources located within areas designated as part of the con-
servation area, to the extent consistent with the other pro-
visions of this title governing management of those areas.
SEC. 553. LAND EXCHANGES RELATING TO SCHOOL AND IN-
STITUTIONAL TRUST LANDS.
(a) EXCHANGE AUTHORIZED.—
221
(1) IDENTIFICATION OF LANDS AND INTERESTS
BY STATE.—Not later than 1 year after the date of
enactment of this Act, the Governor of the State of
Utah may identify, describe, and notify the Sec-
retary of any school and institutional trust lands the
value or economic potential of which may be dimin-
ished by establishment of the conservation area
under this title, and that the State would like to ex-
change for other Federal lands or interests in land
within the State of Utah.
(2) OFFER BY SECRETARY.—Not later than 1
year after the date of receipt of notification under
subsection (a), and after seeking the advice of the
Governor of the State of Utah on potential lands for
exchange, the Secretary shall transmit to the Gov-
ernor a list of Federal lands or interests in lands
within the State of Utah that the Secretary believes
are approximately equivalent in value to the lands
described in subsection (a) of this section, and shall
offer such lands for exchange to the State for the
lands described in subsection (a).
(b) ENSURING EQUIVALENT VALUE.—
(1) IN GENERAL.—In preparing the list under
subsection (a)(2), the Secretary shall take all steps
as are necessary and reasonable to ensure that the
222
State of Utah agrees that the lands offered by the
Secretary are approximately equivalent in value to
the lands identified and described by the State under
subsection (a)(1).
(2) ACCOUNTING FOR REVENUE SHARING.—If
the State of Utah shares revenue from the prop-
erties to be acquired by the State under this section,
the value of such properties shall be the value other-
wise established under this section, reduced by a
percentage that represents the Federal revenue shar-
ing obligation. The amount of such reduction shall
not be considered a property right of the State of
Utah.
(c) PUBLIC INTEREST.—The exchange of lands in-
cluded in the list prepared under subsection (a)(2) shall
be construed as satisfying the provisions of section 206(a)
of the Federal Land Policy and Management Act of 1976
requiring that exchanges of lands be in the public interest.
(d) DEFINITIONS.—As used in this section:
(1) 
SCHOOL
AND
INSTITUTIONAL
TRUST
LANDS.—The term ‘‘school and institutional trust
lands’’ means those properties granted by the United
States in the Utah Enabling Act to the State of
Utah in trust, and other lands that under State law
must be managed for the benefit of the public school
223
system or the institutions of the State that are des-
ignated by the Utah Enabling Act, that are located
in the conservation area.
(2) UTAH
ENABLING
ACT.—The term ‘‘Utah
Enabling Act’’ means the Act entitled ‘‘An Act to
enable the people of Utah to form a constitution and
State government, and to be admitted into the
Union on an equal footing with the original States’’,
approved July 16, 1894 (chapter 138; 28 Stat. 107).
SEC. 554. WATER RIGHTS.
(a) FINDINGS.—The Congress finds the following:
(1) The San Rafael Swell region of Utah is a
high desert climate with little annual precipitation
and scarce water resources.
(2) In order to preserve the limited amount of
water available to wildlife, the State of Utah has
granted to the Division of Wildlife Resources an in-
stream flow right in the San Rafael River.
(3) This preserved right will guarantee that
wetland and riparian habitats within the San Rafael
region will be protected for designations such as wil-
derness, semi-primitive areas, bighorn sheep, and
other Federal land needs within the San Rafael
Swell region.
224
(b) NO FEDERAL RESERVATION.—Nothing in this
title or any other Act of Congress shall constitute or be
construed to constitute either an express or implied Fed-
eral reservation of water or water rights for any purpose
arising from the designation of areas as part of the con-
servation area or as a wilderness or semi-primitive area
under this title.
(c) ACQUISITION AND EXERCISE OF WATER RIGHTS
UNDER UTAH LAW.—The United States may acquire and
exercise such water rights as it deems necessary to carry
out its responsibilities on any lands designated as part of
the conservation area under this title pursuant to the sub-
stantive and procedural requirements of the State of Utah.
Nothing in this title shall be construed to authorize the
use of eminent domain by the United States to acquire
water rights for such lands. Within areas designated as
part of the conservation area under this title, all rights
to water granted under the laws of the State of Utah may
be exercised in accordance with the substantive and proce-
dural requirements of the State of Utah.
(d) EXERCISE
OF
WATER
RIGHTS
GENERALLY
UNDER UTAH LAWS.—Nothing in this title shall be con-
strued to limit the exercise of water rights as provided
under the laws of the State of Utah.
225
(e) COLORADO RIVER.—Nothing in this title shall be
construed to affect the operation of any existing private,
local, State, or federally owned dam, reservoir, or other
water works on the Colorado River or its tributaries.
Nothing in this title shall alter, amend, construe, super-
sede, or preempt any local, State, or Federal law; any ex-
isting private, local, or State agreement; or any interstate
compact or international treaty pertaining to the waters
of the Colorado River or its tributaries.
SEC. 555. MISCELLANEOUS.
(a) STATE FISH AND WILDLIFE MANAGEMENT.—In
accordance with section 4(d)(7) of the Wilderness Act (16
U.S.C. 1131(d)(7)), nothing in this title shall be construed
as affecting the jurisdiction or responsibilities of the State
of Utah with respect to fish and wildlife management ac-
tivities, including water development, predator control,
transplanting animals, stocking fish, hunting, fishing, and
trapping.
(b) PROHIBITION OF BUFFER ZONES.—The Con-
gress does not intend that the designation of an area by
this title as part of the conservation area or a wilderness
or semi-primitive area lead to the creation of protective
perimeters or buffer zones around the area. It is the inten-
tion of the Congress that any protective perimeter or buff-
er zone be located wholly within such an area. The fact
226
that nonconforming activities or uses can be seen or heard
from land within such an area shall not, of itself, preclude
such activities or uses up to the boundary of the area.
Nonconforming activities that occur outside of the bound-
aries of such an area designated by this title shall not be
taken into account in assessing unnecessary and undue
degradation of such an area.
(c) ROADS AND RIGHTS-OF-WAY AS BOUNDARIES.—
Unless depicted otherwise on a map referred to in this
title, where roads form the boundaries of an area des-
ignated as part of the conservation area or a wilderness
or semi-primitive area under this title, the boundary of
the area shall be set back from the center line of the road
as follows:
(1) A setback that corresponds with the bound-
ary of the right-of-way for Interstate 70.
(2) 150 feet for high standard roads.
(3) 100 feet for roads classified as County
Class B roads.
(4) 50 feet for roads equivalent to County Class
D roads.
(d) ACCESS.—
(1) REASONABLE ACCESS ALLOWED.—Subject
to valid existing rights, reasonable access shall be al-
lowed to existing improvements, structures, and fa-
227
cilities, including those related to water and grazing
resources, which are within the conservation area or
a wilderness or semi-primitive area designated under
this title, whether located on Federal or non-Federal
lands, in order that they may be operated, main-
tained, repaired, modified, or replaced as necessary.
(2) REASONABLE ACCESS DEFINED.—For the
purposes of this subsection, the term ‘‘reasonable ac-
cess’’ means right of entry and includes access by
motorized transport when necessarily, customarily,
or historically employed on routes in existence as of
the date of the enactment of this Act.
(e) LAND ACQUISITION
BY EXCHANGE
OR PUR-
CHASE.—The Secretary shall offer to acquire from non-
governmental entities lands and interests in lands located
within or adjacent to the conservation area or a wilderness
or semi-primitive area designated under this title. Lands
may be acquired under this subsection only by exchange
or purchase from willing sellers.
(f) RIGHTS-OF-WAY.—
(1) RIGHT-OF-WAY CLAIMS NOT AFFECTED.—
Nothing in this title, including any reference to or
depiction on the map entitled ‘‘San Rafael Swell Na-
tional Heritage/Conservation Area Proposed’’, dated
June 12, 1998, affects any right-of-way claim that
228
arose under section 2477 of the Revised Statutes
(43 U.S.C. 932).
(2) DEPICTIONS
NOT
DETERMINATIVE.—Any
depiction or lack of depiction of a highway, road,
right-of-way, or trail on the map entitled ‘‘San
Rafael Swell National Heritage/Conservation Area
Proposed’’, dated June 12, 1998, shall not be con-
sidered in any determination under section 2477 of
the Revised Statutes (43 U.S.C. 932) of whether or
not such highway, road, right-of-way, or trail exists.
229
TITLE VI—NATIONAL PARKS
SEC. 601. PROVISION FOR ROADS IN PICTURED ROCKS NA-
TIONAL LAKESHORE.
Section 6 of the Act of October 15, 1966, entitled
‘‘An Act to establish in the State of Michigan the Pictured
Rocks National Lakeshore, and for other purposes’’ (16
U.S.C. 460s–5), is amended as follows:
(1) In subsection (b)(1) by striking ‘‘including
a scenic shoreline drive’’ and inserting ‘‘including
appropriate improvements to Alger County Road H–
58’’.
(2) By adding at the end the following new sub-
section:
‘‘(c) PROHIBITION OF CERTAIN CONSTRUCTION.—A
scenic shoreline drive may not be constructed in the Pic-
tured Rocks National Lakeshore.’’.
SEC. 602. EXPANSION OF ARCHES NATIONAL PARK, UTAH.
(a) IN GENERAL.—
(1) BOUNDARY EXPANSION.—Subsection (a) of
the first section of Public Law 92–155 (16 U.S.C.
272; 85 Stat. 422) is amended as follows:
(A) By inserting after the first sentence
the following new sentence: ‘‘Effective on the
date of the enactment of this sentence, the
boundary of the park shall also include the area
230
consisting of approximately 3,140 acres and
known as the ‘Lost Spring Canyon Addition’, as
depicted on the map entitled ‘Boundary Map,
Arches National Park, Lost Spring Canyon Ad-
dition’, numbered 138/60,000–B, and dated
April 1997.’’.
(B) In the last sentence, by striking ‘‘Such
map’’ and inserting ‘‘Such maps’’.
(2) INCLUSION OF LAND IN PARK.—Section 2
of Public Law 92–155 (16 U.S.C. 272a) is amended
by adding at the end the following new sentences:
‘‘As soon as possible after the date of the enactment
of this sentence, the Secretary of the Interior shall
transfer jurisdiction over the Federal lands con-
tained in the Lost Spring Canyon Addition from the
Bureau of Land Management to the National Park
Service. The Lost Spring Canyon addition shall be
administered in accordance with the laws and regu-
lations applicable to the park.’’.
(3) PROTECTION OF EXISTING GRAZING PER-
MIT.—Section 3 of Public Law 92–155 (16 U.S.C.
272b) is amended as follows:
(A) By inserting ‘‘(a) IN GENERAL.—’’ be-
fore ‘‘Where’’.
231
(B) By adding at the end the following
new subsection:
‘‘(b) EXISTING LEASES, PERMITS, OR LICENSES.—(1)
In the case of any grazing lease, permit, or license with
respect to lands within the Lost Spring Canyon Addition
that was issued before the date of the enactment of this
subsection, the Secretary of the Interior shall, subject to
periodic renewal, continue such lease, permit, or license
for a period of time equal to the lifetime of the permittee
as of that date and any direct descendants of the permit-
tee born before that date. Any such grazing lease, permit,
or license shall be permanently retired at the end of such
period. Pending the expiration of such period, the permit-
tee (or a descendant of the permittee who holds the lease,
permit, or license) shall be entitled to periodically renew
the lease, permit, or license, subject to such limitations,
conditions, or regulations as the Secretary may prescribe.
‘‘(2) Any such grazing lease, permit, or license may
be sold during the period specified in paragraph (1) only
on the condition that the purchaser shall, immediately
upon such acquisition, permanently retire such lease, per-
mit, or license. Nothing in this subsection shall affect
other provisions concerning leases, permits, or licenses
under the Taylor Grazing Act.
232
‘‘(3) Any portion of any grazing lease, permit, or li-
cense with respect to lands within the Lost Spring Canyon
Addition shall be administered by the National Park Serv-
ice.’’.
(4) WITHDRAWAL FROM MINERAL ENTRY AND
LEASING; PIPELINE
MANAGEMENT.—Section 5 of
Public Law 92–155 (16 U.S.C. 272d) is amended by
adding at the end the following new subsection:
‘‘(c) WITHDRAWAL FROM MINERAL ENTRY AND LEAS-
ING; PIPELINE MANAGEMENT.—(1) Subject to valid exist-
ing rights, Federal lands within the Lost Spring Canyon
Addition are hereby appropriated and withdrawn from
entry, location, selection, leasing, or other disposition
under the public land laws, including the mineral leasing
laws.
‘‘(2) The inclusion of the Lost Spring Canyon Addi-
tion in the park shall not affect the operation or mainte-
nance by the Northwest Pipeline Corporation (or its suc-
cessors or assigns) of the natural gas pipeline and related
facilities located in the Lost Spring Canyon Addition on
the date of the enactment of this subsection.’’.
(5) EFFECT ON SCHOOL TRUST LANDS.—
(A) FINDINGS.—The Congress finds the
following:
233
(i) A parcel of State school trust
lands, more specifically described as sec-
tion 16, township 23 south, range 22 east,
of the Salt Lake base and meridian, is par-
tially contained within the Lost Spring
Canyon Addition included within the
boundaries of Arches National Park by the
amendment by subsection (a).
(ii) The parcel was originally granted
to the State of Utah for the purpose of
generating revenue for the public schools
through the development of natural and
other resources located on the parcel.
(iii) It is in the interest of the State
of Utah and the United States for the par-
cel to be exchanged for Federal lands of
equivalent value outside the Lost Spring
Canyon Addition, in order to permit Fed-
eral management of all lands within the
Lost Spring Canyon Addition.
(B) LAND
EXCHANGE.—Public Law 92–
155 is amended by adding at the end the fol-
lowing new section:
234
‘‘SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST
LANDS.
‘‘(a) EXCHANGE REQUIREMENT.—If, not later than
one year after the date of the enactment of this section,
and in accordance with this section, the State of Utah of-
fers to transfer all right, title and interest of the State
in and to the parcel of school trust lands described in sub-
section (b)(1) to the United States, the Secretary of the
Interior shall accept the offer on behalf of the United
States and, within 180 days after the date of such accept-
ance, transfer to the State of Utah all right, title and in-
terest of the United States in and to the parcel of land
described in subsection (b)(2). Title to the State lands
shall be transferred at the same time as conveyance of
title to the Federal lands by the Secretary of the Interior.
The exchange of lands under this section shall be subject
to valid existing rights, and each party shall succeed to
the rights and obligations of the other party with respect
to any lease, right-of-way, or permit encumbering the ex-
changed lands.
‘‘(b) DESCRIPTION OF PARCELS.—
‘‘(1) STATE
CONVEYANCE.—The parcel of
school trust lands to be conveyed by the State of
Utah under subsection (a) is section 16, township 23
south, range 22 east of the Salt Lake base and me-
ridian.
235
‘‘(2) FEDERAL
CONVEYANCE.—The parcel of
Federal lands to be conveyed by the Secretary of the
Interior consists of approximately 639 acres and is
identified as lots 1 through 12 located in the
S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1⁄2 of section 1, town-
ship 25 south, range 18 east, Salt Lake base and
meridian.
‘‘(3) EQUIVALENT VALUE.—The Federal lands
described in paragraph (2) are of equivalent value to
the State school trust lands described in paragraph
(1).
‘‘(c) MANAGEMENT BY STATE.—At least 60 days be-
fore undertaking or permitting any surface disturbing ac-
tivities to occur on the lands acquired by the State under
this section, the State shall consult with the Utah State
Office of the Bureau of Land Management concerning the
extent and impact of such activities on Federal lands and
resources and conduct, in a manner consistent with Fed-
eral laws, inventory, mitigation, and management activi-
ties in connection with any archaeological, paleontological,
and cultural resources located on the acquired lands. To
the extent consistent with applicable law governing the use
and disposition of State school trust lands, the State shall
preserve existing grazing, recreational, and wildlife uses
of the acquired lands. Nothing in this subsection shall be
236
construed to preclude the State from authorizing or under-
taking surface or mineral activities authorized by existing
or future land management plans for the acquired lands.
‘‘(d) IMPLEMENTATION.—Administrative actions nec-
essary to implement the land exchange described in this
section shall be completed within 180 days after the date
of the enactment of this section.’’.
SEC. 603. MICCOSUKEE RESERVED AREA.
(a) FINDINGS.—Congress finds the following:
(1) Since 1964, the Miccosukee Tribe of Indi-
ans of Florida have lived and governed their own af-
fairs on a strip of land on the northern edge of the
Everglades National Park pursuant to permits from
the National Park Service and other legal authority.
The current permit expires in 2014.
(2) Since the commencement of the Tribe’s per-
mitted use and occupancy of the Special Use Permit
Area, the Tribe’s membership has grown, as have
the needs and desires of the Tribe and its members
for modern housing, governmental and administra-
tive facilities, schools and cultural amenities, and re-
lated structures.
(3) The United States, the State of Florida, the
Miccosukee Tribe, and the Seminole Tribe of Florida
are participating in a major intergovernmental effort
237
to restore the South Florida ecosystem, including
the restoration of the environment of the Park.
(4) The Special Use Permit Area is located
within the northern boundary of the Park, which is
critical to the protection and restoration of the Ever-
glades, as well as to the cultural values of the
Miccosukee Tribe.
(5) The interests of both the Miccosukee Tribe
and the United States would be enhanced by a fur-
ther delineation of the rights and obligations of each
with respect to the Special Use Permit Area and to
the Park as a whole.
(6) The amount and location of land allocated
to the Tribe fulfills the purposes of the Park.
(b) PURPOSES.—The purposes of this section are as
follows:
(1) To replace the special use permit with a
legal framework under which the Tribe can live per-
manently and govern the Tribe’s own affairs in a
modern community within the Park.
(2) To protect the Park outside the boundaries
of the Miccosukee Reserved Area from adverse ef-
fects of structures or activities within that area, and
to support restoration of the South Florida eco-
238
system, including restoring the environment of the
Park.
(c) DEFINITIONS.—For purposes of this section:
(1) EVERGLADES.—The term ‘‘Everglades’’
means the areas within the Florida Water Conserva-
tion Areas, Everglades National Park, and Big Cy-
press National Preserve.
(2) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ means an agency, as that term is defined
in section 551(1) of title 5, United States Code.
(3) MICCOSUKEE RESERVED AREA; MRA.—The
term ‘‘Miccosukee Reserved Area’’ or ‘‘MRA’’
means, notwithstanding any other provision of law
and subject to the limitations specified in subsection
(l) of this section, the portion of the Everglades Na-
tional Park described as follows: ‘‘Beginning at the
western boundary of Everglades National Park at
the west line of sec. 20, T. 54 S., R. 35 E., thence
E. following the Northern boundary of said Park in
T. 54 S., Rs. 35 and 36 E., to a point in sec. 19,
T. 54 S., R. 36 E., 500 feet west of the existing
road known as Seven Miles Road, thence 500 feet
south from said road, thence west paralleling the
Park boundary for 3,200 feet, thence south for 600
feet, thence west, paralleling the Park boundary to
239
the west line of sec. 20, T. 54 S., R. 35 E., thence
N. 1,100 feet to the point of beginning.’’.
(4) PARK.—The term ‘‘Park’’ means the Ever-
glades National Park, including any additions to
that Park.
(5) PERMIT.—The term ‘‘permit’’, unless other-
wise specified, means any federally issued permit, li-
cense, certificate of public convenience and necessity,
or other permission of any kind.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the designee of the
Secretary.
(7) SOUTH
FLORIDA
ECOSYSTEM.—The term
‘‘South Florida ecosystem’’ has the meaning given
that term in section 528(a)(4) of the Water Re-
sources Development Act of 1996 (Public Law 104–
303).
(8) SPECIAL
USE
PERMIT
AREA.—The term
‘‘special use permit area’’ means the area of 333.3
acres on the northern boundary of the Park reserved
for the use, occupancy, and governance of the Tribe
under a special use permit before the date of enact-
ment of this Act.
(9) TRIBE.—The term ‘‘Tribe’’, unless other-
wise specified, means the Miccosukee Tribe of Indi-
240
ans of Florida, a tribe of American Indians recog-
nized by the United States and organized under sec-
tion 16 of the Act of June 18, 1934 (48 Stat. 987;
25 U.S.C. 476), and recognized by the State of Flor-
ida pursuant to chapter 285, Florida Statutes.
(10) TRIBAL.—The term ‘‘tribal’’ means of or
pertaining to the Miccosukee Tribe of Indians of
Florida.
(11) TRIBAL
CHAIRMAN.—The term ‘‘tribal
chairman’’ means the duly elected chairman of the
Miccosukee Tribe of Indians of Florida, or the des-
ignee of that chairman.
(d) SPECIAL USE PERMIT TERMINATED.—
(1) TERMINATION.—The special use permit
dated February 1, 1973, issued by the Secretary to
the Tribe, and any amendments to that permit, are
terminated.
(2) EXPANSION
OF
SPECIAL
USE
PERMIT
AREA.—The special use permit area shall be ex-
panded pursuant to this section and known as the
Miccosukee Reserved Area.
(3) GOVERNANCE OF AFFAIRS IN MICCOSUKEE
RESERVED AREA.—Subject to the provisions of this
section and other applicable Federal law, the Tribe
241
shall govern its own affairs in the MRA as though
the MRA were a Federal Indian reservation.
(e) PERPETUAL USE AND OCCUPANCY.—The Tribe
shall have the exclusive right to use and develop the MRA
in perpetuity in a manner consistent with this section for
purposes of the administration, education, housing, and
cultural activities of the Tribe, including commercial serv-
ices necessary to support those purposes.
(f) INDIAN COUNTRY STATUS.—The MRA shall be—
(1) considered to be Indian Country (as that
term is defined in section 1151 of title 18, United
States Code); and
(2) treated as a federally recognized Indian res-
ervation solely for purposes of—
(A) determining the authority of the Tribe
to govern its own affairs within the MRA; and
(B) the eligibility of the Tribe and its
members for any Federal health, education, em-
ployment, economic assistance, revenue sharing,
or social welfare programs, or any other similar
Federal program for which Indians are eligible
because of their—
(i) status as Indians; and
(ii) residence on or near an Indian
reservation.
242
(g) EXCLUSIVE
FEDERAL
JURISDICTION
PRE-
SERVED.—The exclusive Federal legislative jurisdiction as
applied to the MRA as in effect on the date of enactment
of this Act shall be preserved. The Act of August 15,
1953, 67 Stat. 588, chapter 505 and the amendments
made by that Act, including section 1162 of title 18,
United States Code, as added by that Act and section
1360 of title 28, United States Code, as added by that
Act, shall not apply with respect to the MRA.
(h) OTHER RIGHTS PRESERVED.—Nothing in this
section shall affect any rights of the Tribe under Federal
law, including the right to use other lands or waters within
the Park for other purposes, including, fishing, boating,
hiking, camping, cultural activities, or religious observ-
ances.
(i) ENVIRONMENTAL PROTECTION AND ACCESS RE-
QUIREMENTS.—
(1) IN GENERAL.—The MRA shall remain with-
in the boundaries of the Park and be a part of the
Park in a manner consistent with this section.
(2) COMPLIANCE
WITH
APPLICABLE
LAWS.—
The Tribe shall be responsible for compliance with
all applicable laws, except as specifically exempted
by this section.
243
(3) PREVENTION
OF
DEGRADATION; ABATE-
MENT.—
(A) PREVENTION OF DEGRADATION.—The
Tribe shall prevent and abate any significant
degradation of the quality of surface or ground-
water that is released into other parts of the
Park, as follows:
(i) With respect to water entering the
MRA which fails to meet applicable water
quality standards approved under the
Clean Water Act by the Federal Govern-
ment, actions of the Tribe shall not further
degrade water quality. The Tribe shall not
be responsible for improving the water
quality.
(ii) With respect to water entering the
MRA which meets water quality standards
approved under the Clean Water Act by
the Federal Government, the Tribe shall
not cause the water to fail to comply with
applicable water quality standards.
(B) PREVENTION AND ABATEMENT.—The
Tribe shall prevent and abate any significant
disruption of the restoration or preservation of
the quantity, timing, or distribution of surface
244
or groundwater that would enter the MRA and
flow, directly or indirectly, into other parts of
the Park, but only to the extent that such dis-
ruption is caused by conditions, activities, or
structures within the MRA.
(C) PREVENTION OF SIGNIFICANT PROPA-
GATION OF EXOTIC PLANTS AND ANIMALS.—
The Tribe shall prevent significant propagation
of exotic plants or animals outside the MRA.
(D) PUBLIC ACCESS TO CERTAIN AREAS
OF
THE
PARK.—The Tribe shall not impede
public access to those areas of the Park outside
the boundaries of the MRA, and to and from
the Big Cypress National Preserve, except that
the Tribe shall not be required to allow individ-
uals who are not members of the Tribe access
to the MRA other than Federal employees,
agents, officers, and officials (as provided in
this section).
(E) PREVENTION OF SIGNIFICANT CUMU-
LATIVE ADVERSE ENVIRONMENTAL IMPACTS.—
The Tribe shall prevent and abate any signifi-
cant cumulative adverse environmental impact
on the Park outside the MRA resulting from
development or other activities within the MRA.
245
(i) PROCEDURES.—Not later than 12
months after the date of enactment of this
Act, the Tribe shall develop, publish, and
implement procedures that shall ensure
adequate public notice and opportunity to
comment on major tribal actions within the
MRA that may contribute to a significant
cumulative adverse impact on the Ever-
glades ecosystem.
(ii) WRITTEN
NOTICE.—The proce-
dures in clause (i) shall include timely
written notice to the Secretary and consid-
eration of the Secretary’s comments.
(F) WATER QUALITY STANDARDS.—
(i) IN GENERAL.—Not later than 12
months after the date of enactment of this
Act, the Tribe shall adopt and comply with
water quality standards within the MRA
that are at least as protective as the stand-
ards approved under the Clean Water Act
by the Federal Government for the area
encompassed by Everglades National Park.
(ii) EFFECT OF FAILURE TO ADOPT
OR PRESCRIBE STANDARDS.—In the event
the Tribe fails to adopt water quality
246
standards referred to in clause (i) or fails
to revise its own standards within the 12-
month period beginning on the date on
which any changes to water quality stand-
ards of the State of Florida are made to
ensure that the standards of the Tribe are
at least as protective as the standards of
the State of Florida, the standards of the
State of Florida shall be deemed to apply
to the Tribe until such time as the Tribe
adopts standards that meet the require-
ments of this subparagraph.
(G) NATURAL
EASEMENTS.—The Tribe
shall not engage in any construction, develop-
ment, or improvement in any area that is des-
ignated as a natural easement.
(j) HEIGHT RESTRICTIONS.—
(1) RESTRICTIONS.—Except as provided in
paragraphs (2) through (4), no structure con-
structed within the MRA shall exceed the height of
45 feet or exceed 2 stories, except that a structure
within the government center, whichis that portion
of the MRA whose road frontage is occupied by a
government building onthe date of the enactment of
this Act, shall not exceed the height of 70 feet.
247
(2) EXCEPTIONS.—The following types of struc-
tures are exempt from the restrictions of this section
to the extent necessary for the health, safety, or wel-
fare of the tribal members, and for the utility of the
structures:
(A) Water towers or standpipes.
(B) Radio towers.
(C) Utility lines.
(3) WAIVER.—The Secretary may waive the re-
strictions of this subsection if the Secretary finds
that the needs of the Tribe for the structure that is
taller than structure allowed under the restrictions
would outweigh the adverse effects to the Park or its
visitors.
(4) GRANDFATHER CLAUSE.—Any structure ap-
proved by the Secretary before to the date of enact-
ment of this Act, and for which construction com-
mences not later than 12 months after the date of
enactment of this Act, shall not be subject to the
provisions of this subsection.
(5) MEASUREMENT.—The heights specified in
this subsection shall be measured from mean sea
level.
(k) OTHER CONDITIONS.—
248
(1) GAMING.—No class II or class III gaming
(as those terms are defined in section 4 (7) and (8)
of the Indian Gaming Regulatory Act (25 U.S.C.
2703 (7) and (8)) shall be conducted within the
MRA.
(2) AVIATION.—
(A) IN GENERAL.—No commercial aviation
may be conducted from or to the MRA.
(B) EMERGENCY
OPERATORS.—Takeoffs
and landings of aircraft shall be allowed for
emergency operations and administrative use by
the Tribe or the United States, including re-
source management and law enforcement.
(C) STATE
AGENCIES
AND
OFFICIALS.—
The Tribe may permit the State of Florida, as
agencies or municipalities of the State of Flor-
ida to provide for takeoffs or landings of air-
craft on the MRA for emergency operations or
administrative purposes.
(3) VISUAL QUALITY.—
(A) IN GENERAL.—In the planning, use,
and development of the MRA by the Tribe, the
Tribe shall consider the quality of the visual ex-
perience from the Shark River Valley visitor use
area, including limitations on the height and lo-
249
cations of billboards or other commercial signs
or other advertisements visible from the Shark
Valley visitor center, tram road, or observation
tower.
(B) 
EXEMPTION
OF
MARKINGS.—The
Tribe may exempt markings on a water tower
or standpipe that merely identify the Tribe.
(l) EASEMENTS AND RANGER STATION.—Notwith-
standing any other provision of this section:
(1) NATURAL EASEMENTS.—The use and occu-
pancy of the MRA by the Tribe shall be perpetually
subject to natural easements on parcels of land that
are—
(A) bounded on the north and south by the
boundaries of the MRA, specified in the legal
description under subsection (c); and
(B) bounded on the east and west by
boundaries than run north and south per-
pendicular to the northern and southern bound-
aries of the MRA, as follows:
(i) easement #1, being 443 feet wide
with western boundary 525 feet, and east-
ern boundary 970 feet, east of the western
boundary of the MRA;
250
(ii) easement #2, being 443 feet wide
with western boundary 3637 feet, and
eastern boundary 4080 feet, east of the
western boundary of the MRA;
(iii) easement #3, being 320 feet wide
with western boundary 5380 feet, and
eastern boundary 5700 feet, east of the
western boundary of the MRA;
(iv) easement #4, being 290 feet wide
with western boundary 6020 feet, and
eastern boundary 6310 feet, east of the
western boundary of the MRA;
(v) easement #5, being 290 feet wide
with western boundary 8160 feet, and
eastern boundary 8460 feet, east of the
western boundary of the MRA; and
(vi) easement #6, being 312 feet wide
with western boundary 8920 feet, and
eastern boundary 9232 feet, east of the
western boundary of the MRA.
(2) EXTENT OF EASEMENTS.—The aggregate
extent of the east-west parcels of lands subject to
easements under this paragraph shall not exceed
2,100 linear feet.
251
(3) USE OF EASEMENTS.—The Secretary in his
discretion may use the natural easements specified
in paragraphs (1) and (2) to fulfill the hydrological
and other environmental objectives of Everglades
National Park.
(4) ADDITIONAL REQUIREMENTS.—In addition
to providing for the easements specified in para-
graphs (1) and (2), the Tribe shall not impair or im-
pede the continued function of the water control
structures designated as ‘‘S–12A’’ and ‘‘S–12B’’, lo-
cated north of the MRA on the Tamiami Trail and
any existing water flows under the Old Tamiami
Trail.
(5) USE BY DEPARTMENT OF THE INTERIOR.—
The Department of the Interior shall have a right,
in perpetuity, to use and occupy, and to have access
to, the Tamiami Ranger Station presently located
within the MRA, except that the pad on which such
station is constructed shall not be increased in size
without the consent of the Tribe.
(m) 
GOVERNMENT-TO-GOVERNMENT
AGREE-
MENTS.—The Secretary and the tribal chairman shall
make reasonable, good faith efforts to implement the re-
quirements of this section. Those efforts may include gov-
ernment-to-government consultations, and the develop-
252
ment of standards of performance and monitoring proto-
cols.
(n) FEDERAL MEDIATION AND CONCILIATION SERV-
ICE.—If the Secretary and the tribal chairman both be-
lieve that they cannot reach agreement on any significant
issue relating to the implementation of the requirements
of this section, the Secretary and the tribal chairman may
jointly request that the Federal Mediation and Concilia-
tion Service assist them in reaching a satisfactory agree-
ment.
(o) 60-DAY TIME LIMIT.—The Federal Mediation
and Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period not
to exceed 60 days beginning on the date on which the Fed-
eral Mediation and Conciliation Service receives the re-
quest for assistance, unless the Secretary and the tribal
chairman agree to an extension of period of time.
(p) OTHER RIGHTS PRESERVED.—The facilitated
dispute resolution specified in this section shall not preju-
dice any right of the parties to—
(1) commence an action in a court of the
United States at any time; or
(2) any other resolution process that is not pro-
hibited by law.
253
(q) NO GENERAL APPLICABILITY.—Nothing in this
section creates any right, interest, privilege, or immunity
affecting any other Tribe or any other park or Federal
lands.
(r) NONINTERFERENCE WITH FEDERAL AGENTS.—
(1) IN GENERAL.—Federal employees, agents,
officers, and officials shall have a right of access to
the MRA—
(A) to monitor compliance with the provi-
sions of this section; and
(B) for other purposes, as though it were
a Federal Indian reservation.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this section shall authorize the Tribe or members or
agents of the Tribe to interfere with any Federal
employee, agent, officer, or official in the perform-
ance of official duties (whether within or outside the
boundaries of the MRA) except that nothing in this
paragraph may prejudice any right under the Con-
stitution of the United States.
(s) FEDERAL PERMITS.—
(1) IN GENERAL.—No Federal permit shall be
issued to the Tribe for any activity or structure that
would be inconsistent with this section.
254
(2) CONSULTATIONS.—Any Federal agency con-
sidering an application for a permit for construction
or activities on the MRA shall consult with, and con-
sider the advice, evidence, and recommendations of
the Secretary before issuing a final decision.
(3) RULE OF CONSTRUCTION.—Except as oth-
erwise specifically provided in this section, nothing
in this section supersedes any requirement of any
other applicable Federal law.
(t) VOLUNTEER PROGRAMS AND TRIBAL INVOLVE-
MENT.—The Secretary may establish programs that foster
greater involvement by the Tribe with respect to the Park.
Those efforts may include internships and volunteer pro-
grams with tribal schoolchildren and with adult tribal
members.
(u) SAVING ECOSYSTEM RESTORATION.—
(1) IN GENERAL.—Nothing in this section shall
be construed to amend or prejudice the authority of
the United States to design, construct, fund, oper-
ate, permit, remove, or degrade canals, levees,
pumps, impoundments, wetlands, flow ways, or other
facilities, structures, or systems, for the restoration
or protection of the South Florida ecosystem pursu-
ant to Federal laws.
(2) GROUNDWATER.—
255
(A) IN GENERAL.—The Secretary may use
all or any part of the MRA lands to the extent
necessary to restore or preserve the quality,
quantity, timing, or distribution of surface or
groundwater, if other reasonable alternative
measures to achieve the same purpose are im-
practical.
(B) USE OF LANDS.—The Secretary may
use lands referred to in subparagraph (A) ei-
ther under an agreement with the tribal chair-
man or upon an order of the United States dis-
trict court for the district in which the MRA is
located, upon petition by the Secretary and
finding by the court that—
(i) the proposed actions of the Sec-
retary are necessary; and
(ii) other reasonable alternative meas-
ures are impractical.
(3) COSTS.—
(A) IN GENERAL.—In the event the Sec-
retary exercises the authority granted the Sec-
retary under paragraph (2), the United States
shall be liable to the Tribe or the members of
the Tribe for—
256
(i) cost of modification, removal, relo-
cation, or reconstruction of structures law-
fully erected in good faith on the MRA;
and
(ii) loss of use of the affected land
within the MRA.
(B) PAYMENT
OF
COMPENSATION.—Any
compensation paid under subparagraph (A)
shall be paid as cash payments with respect to
taking structures and other fixtures and in the
form of rights to occupy similar land adjacent
to the MRA with respect to taking land.
(4) RULE OF CONSTRUCTION.—Subsections (2)
and (3) shall not apply to natural easements speci-
fied in subsection (l)(1) and (2).
(v) PARTIES HELD HARMLESS.—
(1) UNITED STATES HELD HARMLESS.—
(A) IN
GENERAL.—Subject to subpara-
graph (B) with respect to any tribal member,
tribal employee, tribal contractor, tribal enter-
prise, or any person residing within the MRA,
notwithstanding any other provision of law, the
United States (including an officer, agent, or
employee of the United States), shall not be lia-
ble for any action or failure to act by the Tribe
257
(including an officer, employee, or member of
the Tribe), including any failure to perform any
of the obligations of the Tribe under this sec-
tion.
(B) RULE OF CONSTRUCTION.—Nothing in
this section shall be construed to alter any li-
ability or other obligation that the United
States may have under section 2 of the Indian
Self-Determination and Education Assistance
Act (25 U.S.C. 450).
(2) TRIBE HELD HARMLESS.—Notwithstanding
any other provision of law, the Tribe and the mem-
bers of the Tribe shall not be liable for any injury,
loss, damage, or harm that—
(A) occurs with respect to the MRA; and
(B) is caused by an action or failure to act
by the United States, or the officer, agent, or
employee of the United States (including the
failure to perform any obligation of the United
States under this section).
(w) COOPERATIVE AGREEMENTS.—Nothing in this
section shall alter the authority of the Secretary and the
Tribe to enter into any cooperative agreement, including
any agreement concerning law enforcement, emergency re-
sponse, or resource management.
258
(x) WATER RIGHTS.—Nothing in this section shall
enhance or diminish any water rights of the Tribe, or
members of the Tribe, or the United States (with respect
to the Park).
(y) ENFORCEMENT.—
(1) ACTIONS
BROUGHT
BY
ATTORNEY
GEN-
ERAL.—The Attorney General may bring a civil ac-
tion in the United States district court for the dis-
trict in which the MRA is located, to enjoin the
Tribe from violating any provision of this section.
(2) ACTION BROUGHT BY TRIBE.—The Tribe
may bring a civil action in the United States district
court for the district in which the MRA is located
enjoin the United States from violating any provi-
sion of this section.
SEC. 604. CUMBERLAND ISLAND.
(a) BOUNDARY
ADJUSTMENTS
FOR
LAND
EX-
CHANGE.—
(1) 
EXCLUSION
OF
CERTAIN
CONVEYED
LANDS.—If a proposed land exchange described in
subsection (b) is agreed to by the Secretary of the
Interior, any lands to be conveyed by the United
States as part of the land exchange shall be excluded
from the boundaries of the Cumberland Island Wil-
259
derness or the potential wilderness area if the lands
contain improvements.
(2) INCLUSION
OF
ACQUIRED
LANDS.—All
lands acquired by the United States as part of the
land exchange described in subsection (b) shall be
included in, and managed as part of, the Cum-
berland Island Wilderness. Upon acquisition of the
lands, the Secretary of the Interior shall adjust the
boundaries of the Cumberland Island Wilderness to
include the acquired lands.
(b) DESCRIPTION OF LAND EXCHANGE.—The land
exchange referred to in subsection (a) is a land exchange
with regard to Cumberland Island National Seashore and
Cumberland Island Wilderness that is being negotiated by
the Secretary of the Interior with the Nature Conservancy
and High Point, Inc., for the purpose of acquiring pri-
vately owned lands on Cumberland Island, which have sub-
stantial wilderness characteristics, in exchange for Federal
lands (or rights or interests therein) located at the north
end of the island.
(c) TREATMENT OF MAIN ROAD.—
(1) FINDINGS.—Congress finds the following:
(A) The main road at Cumberland Island
National Seashore is included on the register of
national historic places.
260
(B) The continued existence and use of the
main road, as well as a spur road that provides
access to Plum Orchard mansion at Cum-
berland Island National Seashore, is necessary
for maintenance and access to the natural, cul-
tural, and historical resources of Cumberland
Island National Seashore.
(C) The preservation of the main road is
not only lawful, but also mandated under sec-
tion 4(a)(3) of the Wilderness Act (16 U.S.C.
1133(a)(3)).
(D) The inclusion of these roads both on
the register of national historic places and in
the Cumberland Island Wilderness or potential
wilderness area is incompatible and causes com-
peting mandates on the Secretary of the Inte-
rior for management.
(2) EXCLUSION FROM WILDERNESS.—The main
road on Cumberland Island (as described on the reg-
ister of national historic places), the spur road that
provides access to Plum Orchard mansion, and the
area extending 10 feet on each side of the center line
of both roads are hereby excluded from the bound-
aries of the Cumberland Island Wilderness and the
potential wilderness area.
261
(3) EFFECT OF EXCLUSION.—Nothing in this
subsection shall be construed to affect the inclusion
of the main road on the register of national historic
places or the authority of the Secretary of the Inte-
rior to impose reasonable restrictions, subject to
valid existing rights, on the use of the main road or
spur road to minimize any adverse impacts on the
Cumberland Island Wilderness or the potential wil-
derness area.
(d) RESTORATION OF PLUM ORCHARD MANSION.—
(1) RESTORATION REQUIRED.—Using funds ap-
propriated pursuant to the authorization of appro-
priations in paragraph (4), the Secretary of the In-
terior shall restore Plum Orchard mansion at Cum-
berland Island National Seashore so that the condi-
tion of the restored mansion is at least equal to the
condition of the mansion when it was donated to the
United States. The Secretary shall endeavor to col-
lect donations of money and in-kind contributions
for the purpose of restoring structures within the
Plum Orchard historic district.
(2) SUBSEQUENT
MAINTENANCE.—The Sec-
retary of the Interior shall endeavor to enter into an
agreement with public persons, private persons, or
262
both, to provide for the maintenance of Plum Or-
chard mansion following its restoration.
(3) RESTORATION PLAN.—Not later than 270
days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a
comprehensive plan for the repair, stabilization, res-
toration, and subsequent maintenance of Plum Or-
chard mansion to the condition the mansion was in
when acquired by the United States.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated such sums as
are necessary for the restoration and maintenance of
Plum Orchard mansion under this subsection.
(e) ARCHAEOLOGICAL AND HISTORIC SITES.—The
Secretary of the Interior shall identify, document, and pro-
tect archaeological sites located on Federal land within
Cumberland Island National Seashore. The Secretary
shall prepare and implement a plan to preserve designated
national historic sites within the seashore.
(f) DESIGNATION
OF
ADDITIONAL
WILDERNESS
AREA.—
(1) DESIGNATION.—In furtherance of the pur-
poses of the Wilderness Act (16 U.S.C. 1131 et
seq.), a parcel of Federal lands within Cumberland
Island National Seashore, which comprises approxi-
263
mately ll acres on the southern portion of Cum-
berland Island, as depicted on the map entitled
‘‘Cumberland Island Wilderness Addition, Pro-
posed’’, dated llll, 1998, is hereby designated
as wilderness and therefore as a component of the
National Wilderness Preservation System.
(2) ADMINISTRATION.—The parcel designated
by paragraph (1) shall be administered by the Sec-
retary of the Interior in accordance with the Wilder-
ness Act as part of the Cumberland Island Wilder-
ness. The Secretary shall adjust the boundaries of
the Cumberland Island Wilderness to include the
parcel.
(3) EXISTING
RIGHTS
AND
USES.—The des-
ignation of the wilderness area under paragraph (1)
shall be subject to valid existing rights of the des-
ignated parcel.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Cumberland Island National
Seashore’’ means the national seashore established
under Public Law 92–536 (16 U.S.C. 459i et seq.).
(2) The term ‘‘Cumberland Island Wilderness’’
means the wilderness area in the Cumberland Island
National Seashore designated by section 2 of Public
Law 97–250 (96 Stat. 709; 16 U.S.C. 1132 note).
264
(3) The term ‘‘potential wilderness area’’ means
the potential wilderness area in the Cumberland Is-
land National Seashore designated by such section
2.
SEC. 605. STUDIES OF POTENTIAL NATIONAL PARK SYSTEM
UNITS IN HAWAII.
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Director of the National Park Service,
shall undertake feasibility studies regarding the establish-
ment of National Park System units in the following areas
in the State of Hawaii:
(1) Island of Maui: The shoreline area known
as ‘‘North Beach’’, immediately north of the present
resort hotels at Kaanapali Beach, in the Lahaina
district in the area extending from the beach inland
to the main highway.
(2) Island of Lanai: The mountaintop area
known as ‘‘Hale’’ in the central part of the island.
(3) Island of Kauai: The shoreline area from
‘‘Anini Beach’’ to ‘‘Makua Tunnels’’ on the north
coast of this island.
(4) Island of Molokai: The ‘‘Halawa Valley’’ on
the eastern end of the island, including its shoreline,
cove and lookout/access roadway.
265
(b) KALAUPAPA SETTLEMENT BOUNDARIES.—The
studies conducted under this section shall include a study
of the feasibility of extending the present National His-
toric Park boundaries at Kalaupapa Settlement eastward
to Halawa Valley along the island’s north shore.
(c) REPORT.—A report containing the results of the
studies under this section shall be submitted to the Con-
gress promptly upon completion.
SEC. 606. CONGRESSIONAL REVIEW OF NATIONAL MONU-
MENT STATUS AND CONSULTATION.
Section 2 of the Act of June 8, 1906 (Chapter 3060;
34 Stat. 225; 16 U.S.C. 431; commonly referred to as the
‘‘Antiquities Act’’), is amended by adding at the end the
following: ‘‘A proclamation of the President under this
section that results in the designation of a total acreage
in excess of 50,000 acres in a single State in a single cal-
endar year as a national monument may not be issued
until 30 days after the President has transmitted the pro-
posed proclamation to the Governor of the State in which
such acreage is located and solicited such Governor’s writ-
ten comments, and any such proclamation shall cease to
be effective on the date 2 years after issuance unless the
Congress has approved such proclamation by the enact-
ment of a law.’’.
266
SEC. 607. SANTA CRUZ ISLAND, ADDITIONAL RIGHTS OF
USE AND OCCUPANCY.
Section 202(e) of Public Law 96–199 (16 U.S.C.
410ff–1(e)) is amended by adding the following at the end
thereof:
‘‘(5) In the case of the real property referred to in
paragraph (1), in addition to the rights of use and occu-
pancy reserved under paragraph (1) and set forth in In-
strument 90–027494, upon the enactment of this para-
graph, the Secretary shall grant identical rights of use and
occupancy to Mr. Francis Gherini of Ventura, California,
the previous owner of the real property, and to each of
the two grantors identified in Instrument No. 92–102117
recorded in the Official Records of the County of Santa
Barbara, California. The use and occupancy rights grant-
ed to Mr. Francis Gherini shall be for a term of 25 years
from the date of the enactment of this paragraph. The
Secretary shall grant such rights without consideration
and shall execute and record such instruments as nec-
essary to vest such rights in such individuals as promptly
as practicable, but no later than 90 days, after the enact-
ment of this paragraph.’’.
SEC. 608. ACQUISITION OF WARREN PROPERTY FOR MOR-
RISTOWN NATIONAL HISTORICAL PARK.
The Act entitled ‘‘An Act to provide for the establish-
ment of the Morristown National Historical Park in the
267
State of New Jersey, and for other purposes’’, approved
March 2, 1933 (chapter 182; 16 U.S.C. 409 et seq.), is
amended by adding at the end the following new section:
‘‘SEC. 8. (a) In addition to any other lands or interest
authorized to be acquired for inclusion in Morristown Na-
tional Historical Park, and notwithstanding the first pro-
viso of the first section of this Act, the Secretary of the
Interior may acquire by purchase, donation, purchase with
appropriated funds, or otherwise, not to exceed 15 acres
of land and interests therein comprising the property
known as the Warren Property or Mount Kimble. The
Secretary may expend such sums as may be necessary for
such acquisition.
‘‘(b) Any lands or interests acquired under this sec-
tion shall be included in and administered as part of the
Morristown National Historical Park.’’.
SEC. 609. AMENDMENT OF LAND AND WATER CONSERVA-
TION FUND ACT OF 1965 REGARDING TREAT-
MENT OF RECEIPTS AT CERTAIN PARKS.
Section 4(i)(1)(B) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601–6a(i)(1)(B)) is
amended by inserting the following after the second sen-
tence: ‘‘Notwithstanding subparagraph (A), in any fiscal
year, the Secretary of the Interior shall also withhold from
the special account 100 percent of the fees and charges
268
collected in connection with any unit of the national park
system at which entrance or admission fees cannot be col-
lected by reason of deed restrictions, and the amounts so
withheld shall be retained by the Secretary and shall be
available, without further appropriation, for expenditure
by the Secretary for purpose of such park system unit.’’.
SEC. 610. CHATTAHOOCHEE RIVER NATIONAL RECREATION
AREA.
(a) FINDINGS.—The Congress finds that:
(1) The Chattahoochee River National Recre-
ation Area is a nationally significant resource and
the national recreation area has been adversely af-
fected by land use changes occurring within and out-
side its boundaries.
(2) The population of the metropolitan Atlanta
area continues to expand northward, leaving dwin-
dling opportunities to protect the scenic, recreation,
natural, and historic values of the 2,000-foot wide
corridor adjacent to each bank of the Chattahoochee
River and its impoundments in the 48-mile segment
known as the area of national concern.
(3) The State of Georgia has enacted the Met-
ropolitan River Protection Act in order to ensure the
protection of the corridor located within 2,000 feet
of each bank of the Chattahoochee River, or the
269
100-year flood plain, whichever is greater, and such
corridor includes the area of national concern.
(4) Visitor use of the Chattahoochee River Na-
tional Recreation Area has shifted dramatically since
the establishment of the national recreation area
from waterborne to water-related and land-based ac-
tivities.
(5) The State of Georgia and its political sub-
divisions along the Chattahoochee River have indi-
cated their willingness to join in cooperative efforts
with the United States of America to link existing
units of the national recreation area with a series of
linear corridors to be established within the area of
national concern and elsewhere on the river and pro-
vided Congress appropriates certain funds in support
of such effort, funding from the State, its political
subdivisions, private foundations, corporate entities,
private individuals, and other sources will be avail-
able to fund more than half of the estimated cost of
such cooperative effort.
(b) PURPOSES.—The purposes of this section are
to—
(1) increase the level of protection of the re-
maining open spaces within the area of national con-
cern along the Chattahoochee River and to enhance
270
visitor enjoyment of such areas by adding land-based
links between existing units of the national recre-
ation area;
(2) assure that the national recreation area is
managed to standardize acquisition, planning, de-
sign, construction, and operation of the linear cor-
ridors; and
(3) authorize the appropriation of Federal
funds to cover a portion of the costs of the Federal,
State, local, and private cooperative effort to add ad-
ditional areas to the Chattahoochee River National
Recreation Area in order to establish a series of lin-
ear corridors linking existing units of the national
recreation area and to protect other undeveloped
portions of the Chattahoochee River corridor.
(c) AMENDMENTS TO CHATTAHOOCHEE NRA ACT.—
The Act of August 15, 1978, entitled ‘‘An Act to authorize
the establishment of the Chattahoochee River National
Recreation Area in the State of Georgia, and for other
purposes’’ (Public Law 95–344; 16 U.S.C. 460ii–2(b)) is
amended as follows:
(1) Section 101 is amended as follows:
(A) By inserting after ‘‘map entitled
‘Boundary Map, Chattahoochee River National
Recreation Area’, numbered Chat–20,003 and
271
dated September 1984’’ the following: ‘‘and on
the maps entitled ‘Chattahoochee River Na-
tional Recreation Area, Interim Boundary Map
#1, #2, and #3, dated lll’’.
(B) By amending the fourth sentence to
read as follows: ‘‘After July 1, 1999, the Sec-
retary of the Interior (in this Act referred to as
the ‘Secretary’) may modify the boundaries of
the recreation area to include other lands within
the river corridor of the Chattahoochee River by
submitting a revised map or other boundary de-
scription to the Congress. Such revised bound-
aries shall take effect on the date 6 months
after the date of such submission unless, within
such 6-month period, the Congress adopts a
Joint Resolution disapproving such revised
boundaries. Such revised map or other bound-
ary description shall be prepared by the Sec-
retary after consultation with affected land-
owners and with the State of Georgia and af-
fected political subdivisions.’’.
(C) By striking out ‘‘may not exceed ap-
proximately 6,800 acres.’’ and inserting ‘‘may
not exceed 10,000 acres.’’.
(2) Section 102(f) is repealed.
272
(3) Section 103(b) is amended to read as fol-
lows:
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary is
authorized to enter into cooperative agreements with the
State, its political subdivisions, and other entities to as-
sure standardized acquisition, planning, design, construc-
tion, and operation of the national recreation area.’’.
(4) Section 105(a) is amended to read as fol-
lows:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS; ACCEPT-
ANCE OF DONATIONS.—In addition to funding and the do-
nation of lands and interests in lands provided by the
State of Georgia, local government authorities, private
foundations, corporate entities, and individuals, and fund-
ing that may be available pursuant to the settlement of
litigation, there is hereby authorized to be appropriated
for land acquisition not more than $25,000,000 for fiscal
years after fiscal year 1998. The Secretary is authorized
to accept the donation of funds and lands or interests in
lands to carry out this Act.’’.
(5) Section 105(c) (16 U.S.C. 460ii–4(c)) is
amended by adding the following at the end thereof:
‘‘The Secretary shall submit a new plan within 3
years after the enactment of this sentence to provide
for the protection, enhancement, enjoyment, develop-
273
ment, and use of areas added to the national recre-
ation area. During the preparation of the revised
plan the Secretary shall seek and encourage the par-
ticipation of the State of Georgia and its affected
political subdivisions, private landowners, interested
citizens, public officials, groups, agencies, edu-
cational institutions, and others.’’.
(6) Section 102(a) (16 U.S.C. 460ii–1(a)) is
amended by inserting the following before the period
at the end of the first sentence: ‘‘, except that lands
and interests in lands within the Addition Area de-
picted on the map referred to in section 101 may
not be acquired without the consent of the owner
thereof’’.
274
TITLE VII—REAUTHORIZATIONS
SEC. 701. REAUTHORIZATION OF NATIONAL HISTORIC
PRESERVATION ACT.
The National Historic Preservation Act (16 U.S.C.
470 and following; Public Law 89–665) is amended as fol-
lows:
(1) In the third sentence of section 101(a)(6)
(16 U.S.C. 470a(a)(6)) by striking ‘‘shall review’’
and inserting ‘‘may review’’ and by striking ‘‘shall
determine’’ and inserting ‘‘determine’’.
(2) Section 101(e)(2) (16 U.S.C. 470a(e)(2)) is
amended to read as follows:
‘‘(2) The Secretary may administer grants to the Na-
tional Trust for Historic Preservation in the United
States, chartered by an Act of Congress approved October
26, 1949 (63 Stat. 947), consistent with the purposes of
its charter and this Act.’’.
(3) Section 102 (16 U.S.C. 470b) is amended
by redesignating subsection (e) as subsection (f) and
by redesignating subsection (d), as added by section
4009(3) of Public Law 102–575, as subsection (e).
(4) Section 101(b)(1) (16 U.S.C. 470a(b)(1)) is
amended by adding the following at the end thereof:
‘‘For purposes of subparagraph (A), the State and Indian
tribe shall be solely responsible for determining which pro-
275
fessional employees, are necessary to carry out the duties
of the State or tribe, consistent with standards developed
by the Secretary.’’.
(5) Section 107 (16 U.S.C. 470g) is amended
to read as follows:
‘‘SEC. 107. Nothing in this Act shall be construed
to be applicable to the White House and its grounds, the
Supreme Court building and its grounds, or the United
States Capitol and its related buildings and grounds as
depicted on the map entitled ‘Map Showing Properties
Under the Jurisdiction of the Architect of the Capitol’ and
dated November 6, 1996, which shall be on file in the of-
fice of the Secretary of the Interior.’’.
(6) Section 108 (16 U.S.C. 470h) is amended
by striking ‘‘1997’’ and inserting ‘‘2004’’.
(7) Section 110(a)(1) (16 U.S.C. 470h–2(a)(1))
is amended by inserting the following before the pe-
riod at the end of the second sentence: ‘‘, especially
those located in central business areas. When locat-
ing Federal facilities, Federal agencies shall give
first consideration to historic properties in historic
districts. If no such property is operationally appro-
priate and economically prudent, then Federal agen-
cies shall consider other developed or undeveloped
sites within historic districts. Federal agencies shall
276
then consider historic properties outside of historic
districts, if no suitable site within a district exists.
Any rehabilitation or construction that is undertaken
pursuant to this Act must be architecturally compat-
ible with the character of the surrounding historic
district or properties’’.
(8) The first sentence of section 110(l) (16
U.S.C. 470h–2(l)) is amended by striking ‘‘with the
Council’’ and inserting ‘‘pursuant to regulations
issued by the Council’’.
(9) The last sentence of section 212(a) (16
U.S.C. 470t(a)) is amended by striking ‘‘2000’’ and
inserting ‘‘2004’’.
SEC. 702. REAUTHORIZATION OF DELAWARE WATER GAP
NATIONAL RECREATION AREA CITIZEN ADVI-
SORY COMMISSION.
Section 5 of Public Law 101–573 (16 U.S.C. 460o
note) is amended by striking ‘‘10’’ and inserting ‘‘20’’.
SEC. 703. COASTAL HERITAGE TRAIL ROUTE IN NEW JER-
SEY.
Public Law 100–515 (102 Stat. 2563; 16 U.S.C.
1244 note) is amended as follows:
(1) In subsection (b)(1) of section 6 by striking
‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.
277
(2) In subsection (c) of section 6 by striking
‘‘five’’ and inserting ‘‘10’’.
(3) In the second sentence of section 2 by in-
serting ‘‘including sites in the Township of
Woodbridge, New Jersey,’’ after ‘‘cultural sites’’.
SEC. 704. EXTENSION OF AUTHORIZATION FOR UPPER
DELAWARE CITIZENS ADVISORY COUNCIL.
The last sentence of paragraph (1) of section 704(f)
of the National Parks and Recreation Act of 1978 (16
U.S.C. 1274 note) is amended by striking ‘‘20’’ and in-
serting ‘‘30’’.
278
TITLE VIII—RIVERS AND TRAILS
SEC. 801. NATIONAL DISCOVERY TRAILS.
(a) NATIONAL
TRAILS
SYSTEM
ACT
AMEND-
MENTS.—
(1) NATIONAL
DISCOVERY
TRAILS
ESTAB-
LISHED.—
(A) IN GENERAL.—Section 3(a) of the Na-
tional Trails System Act (16 U.S.C. 1242(a)) is
amended by inserting after paragraph (4) the
following:
‘‘(5)(A) National discovery trails, established as
provided in section 5, which will be extended, contin-
uous, interstate trails so located as to provide for
outstanding outdoor recreation and travel and to
connect representative examples of America’s trails
and communities. National discovery trails should
provide for the conservation and enjoyment of sig-
nificant natural, cultural, and historic resources as-
sociated with each trail and should be so located as
to 
represent 
metropolitan, 
urban, 
rural, 
and
backcountry regions of the Nation. Any such trail
may be designated on Federal lands and, with the
consent of the owner thereof, on any non-Federal
lands. The consent of the owner shall be obtained in
the form of a written agreement, which shall include
279
such terms and conditions as the parties to the
agreement consider advisable, and may include pro-
visions regarding the discontinuation of the trail des-
ignation. The Congress does not intend for the es-
tablishment of a national discovery trail to lead to
the creation of protective perimeters or buffer zones
adjacent to a national discovery trail. The fact that
there may be activities or uses on lands adjacent to
the trail that would not be permitted on the trail
shall not preclude such activities or uses on such
lands adjacent to the trail to the extent consistent
with other applicable law. Nothing in this Act may
be construed to impose or permit the imposition of
any landowner on the use of any non-Federal lands
without the consent of the owner. Neither the des-
ignation of a national discovery trail nor any plan
related thereto shall affect, or be considered, in the
granting or denial of a right-of-way or any condi-
tions relating thereto.
‘‘(B) The appropriate Secretary for each na-
tional discovery trail shall administer the trail in co-
operation with a competent trailwide volunteer-based
organization. Where national discovery trails are
congruent with other local, State, national scenic, or
national historic trails, the designation of the discov-
280
ery trail shall not in any way diminish the values
and significance for which these trails were estab-
lished.’’.
(B) FEASIBILITY
REQUIREMENTS; COOP-
ERATIVE
MANAGEMENT
REQUIREMENT.—Sec-
tion 5(b) of such Act (16 U.S.C. 1244(b)) is
amended by adding at the end the following
new paragraph:
‘‘(12) For purposes of this subsection, a trail
shall not be considered feasible and desirable for
designation as a national discovery trail unless it
meets all of the following criteria:
‘‘(A) The trail must link to one or more
areas within the boundaries of a metropolitan
area (as those boundaries are determined under
section 134(c) of title 23, United States Code).
It should also join with other trails, tying the
National Trails System to significant recreation
and resources areas.
‘‘(B) The trail must be supported by at
least one competent trailwide volunteer-based
organization. Each trail shall have extensive
local and trailwide support by the public, by
user groups, and by affected State and local
governments.
281
‘‘(C) The trail must be extended and pass
through more than one State. At a minimum,
it should be a continuous, walkable route. Na-
tional discovery trails are specifically exempted
from the provisions of sections 7(g) of this Act.
‘‘(D) The appropriate Secretary shall ob-
tain written consent from affected landowners
prior to entering nonpublic lands for the pur-
poses of conducting any surveys or studies of
nonpublic lands for purposes of this Act. Pro-
vided, before any designation or establishment
of any discovery trail provided by this Act, the
appropriate Secretary must ensure written noti-
fication to all nonpublic landowners on which a
designated trail crosses or abuts nonpublic
lands. Furthermore, any nonpublic landowner
that has property crossed by or abutting land
designated under this Act, if trespassing should
occur by travelers on the National Discovery
Trail, has the right to request and subsequently
require the appropriate Secretary to coordinate
with State and local officials to ensure to the
maximum extent feasible that no further tres-
passing should occur on such nonpublic land.’’.
282
(2) DESIGNATION OF THE AMERICAN DISCOV-
ERY TRAIL AS A NATIONAL DISCOVERY TRAIL.—
Section 5(a) of such Act (16 U.S.C. 1244(a)) is
amended as follows:
(A) By redesignating the paragraph relat-
ing to the California National Historic Trail as
paragraph (18).
(B) By redesignating the paragraph relat-
ing to the Pony Express National Historic Trail
as paragraph (19).
(C) By redesignating the paragraph relat-
ing to the Selma to Montgomery National His-
toric Trail as paragraph (20).
(D) By adding at the end the following:
‘‘(21) The American Discovery Trail, a trail of ap-
proximately 6,000 miles extending from Cape Henlopen
State Park in Delaware to Point Reyes National Seashore
in California, extending westward through Delaware,
Maryland, the District of Columbia, West Virginia, Ohio,
and Kentucky, where near Cincinnati it splits into two
routes. The Northern Midwest route traverses Ohio, Indi-
ana, Illinois, Iowa, Nebraska, and Colorado, and the
Southern Midwest route traverses Indiana, Illinois, Mis-
souri, Kansas, and Colorado. After the two routes rejoin
in Denver, Colorado, the route continues through Colo-
283
rado, Utah, Nevada, and California. The trail is generally
described in Volume 2 of the National Park Service fea-
sibility study dated June 1995 which shall be on file and
available for public inspection in the office of the Director
of the National Park Service, Department of the Interior,
the District of Columbia. The American Discovery Trail
shall be administered by the Secretary of the Interior in
cooperation with at least one competent trailwide volun-
teer-based organization, affected land managing agencies
and State and local governments as appropriate. No lands
or interests outside the exterior boundaries of federally ad-
ministered areas may be acquired by the Federal Govern-
ment solely for the American Discovery Trail. The Amer-
ican Discovery Trail is specifically exempted from the pro-
visions of subsection (e), (f), and (g) of section 7.’’.
(3) COMPREHENSIVE
NATIONAL
DISCOVERY
TRAIL PLAN.—Section 5 of such Act (16 U.S.C.
1244) is further amended by adding at the end the
following new subsection:
‘‘(g) Within 3 complete fiscal years after the date of
enactment of any law designating a national discovery
trail, the responsible Secretary shall submit a comprehen-
sive plan for the protection, management, development,
and use of the Federal portions of the trail, and provide
technical assistance to States and local units of govern-
284
ment and private landowners, as requested, for nonfederal
portions of the trail, to the Committee on Resources of
the United States House of Representatives and the Com-
mittee on Energy and Natural Resources of the United
States Senate. In developing a comprehensive manage-
ment plan for a national discovery trail, the responsible
Secretary shall cooperate to the fullest practicable extent
with the organizations sponsoring the trail. The respon-
sible Secretary shall ensure that the comprehensive plan
does not conflict with existing agency direction and shall
consult with the affected land managing agencies, the Gov-
ernors of the affected States, affected county and local po-
litical jurisdictions, and local organizations maintaining
components of the trail. Components of the comprehensive
plan include—
‘‘(1) policies, objectives and practices to be ob-
served in the administration and management of the
trail, including the identification of all significant
natural, historical, and cultural resources to be pre-
served, model agreements necessary for joint trail
administration among and between interested par-
ties, and an identified carrying capacity for critical
segments of the trail and procedures for implemen-
tation, where appropriate;
285
‘‘(2) strategies for trail protection to retain the
values for which the trail is being established and
recognized by the Federal Government;
‘‘(3) general and site-specific trail-related devel-
opment, including anticipated costs; and
‘‘(4) the process to be followed to implement
the trail marking authorities in section 7(c) con-
forming to approved trail logo or emblem require-
ments.’’.
(b) CONFORMING
AMENDMENTS.—The National
Trails System Act is amended:
(1) In section 2(b) (16 U.S.C. 1241(b)), by
striking ‘‘scenic and historic’’ and inserting ‘‘scenic,
historic, and discovery’’.
(2) In the section heading to section 5 (16
U.S.C. 1244), by striking ‘‘AND
NATIONAL
HIS-
TORIC’’ and inserting ‘‘, NATIONAL HISTORIC, AND
NATIONAL DISCOVERY’’.
(3) In section 5(a) (16 U.S.C. 1244(a)), in the
matter preceding paragraph (1)—
(A) by striking ‘‘and national historic’’ and
inserting ‘‘, national historic, and national dis-
covery’’; and
286
(B) by striking ‘‘and National Historic’’
and inserting ‘‘, National Historic, and Na-
tional Discovery’’.
(4) In section 5(b) (16 U.S.C. 1244(b)), in the
matter preceding paragraph (1), by striking ‘‘or na-
tional historic’’ and inserting ‘‘, national historic, or
national discovery’’.
(5) In section 5(b)(3) (16 U.S.C. 1244(b)(3)),
by striking ‘‘or national historic’’ and inserting ‘‘,
national historic, or national discovery’’.
(6) In section 7(a)(2) (16 U.S.C. 1246(a)(2)),
by striking ‘‘and national historic’’ and inserting ‘‘,
national historic, and national discovery’’.
(7) In section 7(b) (16 U.S.C. 1246(b)), by
striking ‘‘or national historic’’ each place such term
appears and inserting ‘‘, national historic, or na-
tional discovery’’.
(8) In section 7(c) (16 U.S.C. 1246(c))—
(A) by striking ‘‘scenic or national his-
toric’’ each place it appears and inserting ‘‘sce-
nic, national historic, or national discovery’’;
(B) in the second proviso, by striking ‘‘sce-
nic, or national historic’’ and inserting ‘‘scenic,
national historic, or national discovery’’; and
287
(C) by striking ‘‘, and national historic’’
and inserting ‘‘, national historic, and national
discovery’’.
(9) In section 7(d) (16 U.S.C. 1246(d)), by
striking ‘‘or national historic’’ and inserting ‘‘na-
tional historic, or national discovery’’.
(10) In section 7(e) (16 U.S.C. 1246(e)), by
striking ‘‘or national historic’’ each place such term
appears and inserting ‘‘, national historic, or na-
tional discovery’’.
(11) In section 7(f)(2) (16 U.S.C. 1246(f)(2)),
by striking ‘‘National Scenic or Historic Trail’’ and
inserting ‘‘national scenic, historic, or discovery
trail’’.
(12) In section 7(h)(1) (16 U.S.C. 1246(h)(1)),
by striking ‘‘or national historic’’ and inserting ‘‘na-
tional historic, or national discovery’’.
(13) In section 7(i) (16 U.S.C. 1246(i)), by
striking ‘‘or national historic’’ and inserting ‘‘na-
tional historic, or national discovery’’.
SEC. 802. LINCOLN NATIONAL HISTORIC TRAIL.
(a) POTENTIAL ADDITION.—Section 5(a) of the Na-
tional Trails System Act (16 U.S.C. 1276(a)) is amended
by adding the following new paragraph at the end thereof:
288
‘‘(
) The Lincoln National Historic Trail, a
trail of approximately 350 miles extending from
Lake Michigan to the Mississippi River, as generally
described in ‘The Proposal’ in the Department of
the Interior report entitled ‘Illinois Trail, National
Trail Feasibility Study and Environmental Assess-
ment’, dated September 1987, with an extension of
the water route down the Mississippi River to con-
nect with the Lewis and Clark National Historic
Trail near Wood River, Illinois. A map generally de-
picting the route shall be on file and available for
public inspection in the Office of the Director of the
National Park Service, Washington, District of Co-
lumbia. The trail shall be administered by the Sec-
retary of the Interior.’’.
(b) DESIGNATION.—Section 3(a) of the National
Trails System Act (16 U.S.C. 1274(a)) is amended by
adding the following new paragraph at the end thereof:
‘‘( ) SUDBURY, ASSABET, AND CONCORD RIV-
ERS, MASSACHUSETTS.—The 29 miles of river seg-
ments in Massachusetts, as follows:
‘‘(A) The 14.9 mile segment of the Sud-
bury river beginning at the Danforth Street
bridge in the town of Framington, downstream
to Route 2 bridge in Concord, as a scenic river.
289
‘‘(B) The 1.7 mile segment of the Sudbury
River from the Route 2 bridge downstream to
its confluence with the Assabet River at Egg
Rock, as a recreational river.
‘‘(C) The 4.4 mile segment of the Assabet
River beginning 1,000 feet downstream from
the Damon Mill Dam in the town of Concord,
to its confluence with the Sudbury River at Egg
Rock in Concord, as a recreational river.
‘‘(D) The 8.0 mile segment of the Concord
River from Egg Rock at the confluence of the
Sudbury and Assabet Rivers downstream to the
Route 3 bridge in the town of Billerica, as a
recreational river.
The segments referred to in subparagraphs (A)
through (D) shall be administered by the Secretary
of the Interior in cooperation with the SUASCO
River Stewardship Council provided for in the plan
through cooperative agreements under section 10(e)
between the Secretary and the Commonwealth of
Massachusetts and its relevant political subdivisions
(including the towns of Framingham, Wayland, Sud-
bury, Lincoln, Concord, Carlisle, Bedford, and Bil-
lerica). The segments shall be managed in accord-
ance with the plan entitled ‘Sudbury, Assabet and
290
Concord Wild and Scenic River Study, River Con-
servation Plan’ dated March 16, 1995. The plan is
deemed to satisfy the requirement for a comprehen-
sive management plan under subsection (d) of this
section.’’.
SEC. 803. ASSISTANCE TO THE NATIONAL HISTORIC TRAILS
INTERPRETIVE CENTER.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds and de-
clares the following:
(A) The city of Casper, Wyoming, is na-
tionally significant as the only geographic loca-
tion in the western United States where 4 con-
gressionally recognized historic trails (the Or-
egon Trail, the Mormon Trail, the California
Trail, and the Pony Express Trail), the Bridger
Trail, the Bozeman Trail, and many Indian
routes converged.
(B) The historic trails that passed through
the Casper area are a distinctive part of the na-
tional character and possess important histori-
cal and cultural values representing themes of
migration, settlement, transportation, and com-
merce that shaped the landscape of the West.
291
(C) The Bureau of Land Management has
not yet established a historic trails interpretive
center in Wyoming or in any adjacent State to
educate and focus national attention on the his-
tory of the mid-19th century immigrant trails
that crossed public lands in the Intermountain
West.
(D) At the invitation of the Bureau of
Land Management, the city of Casper and the
National Historic Trails Foundation, Inc. (a
nonprofit corporation established under the
laws of the State of Wyoming) entered into a
memorandum of understanding in 1992, and
have since signed an assistance agreement in
1993 and a cooperative agreement in 1997, to
create, manage, and sustain a National Historic
Trails Interpretive Center to be located in Cas-
per, Wyoming, to professionally interpret the
historic trails in the Casper area for the benefit
of the public.
(E) The National Historic Trails Interpre-
tive Center authorized by this section is consist-
ent with the purposes and objectives of the Na-
tional Trails System Act (16 U.S.C. 1241 et
seq.), which directs the Secretary of the Interior
292
to protect, interpret, and manage the remnants
of historic trails on public lands.
(F) The State of Wyoming effectively
joined the partnership to establish the National
Historic Trails Interpretive Center through a
legislative allocation of supporting funds, and
the citizens of the city of Casper have increased
local taxes to meet their financial obligations
under the assistance agreement and the cooper-
ative agreement referred to in paragraph (4).
(G) The National Historic Trails Founda-
tion, Inc. has secured most of the $5,000,000
of non-Federal funding pledged by State and
local governments and private interests pursu-
ant to the cooperative agreement referred to in
subparagraph (D).
(H) The Bureau of Land Management has
completed the engineering and design phase of
the National Historic Trails Interpretive Cen-
ter, and the National Historic Trails Founda-
tion, Inc. is ready for Federal financial and
technical assistance to construct the Center
pursuant to the cooperative agreement referred
to in subparagraph (D).
293
(2) PURPOSES.—The purposes of this section
are the following:
(A) To recognize the importance of the his-
toric trails that passed through the Casper, Wy-
oming, area as a distinctive aspect of American
heritage worthy of interpretation and preserva-
tion.
(B) To assist the city of Casper, Wyoming,
and the National Historic Trails Foundation,
Inc. in establishing the National Historic Trails
Interpretive Center to memorialize and inter-
pret the significant role of those historic trails
in the history of the United States.
(C) To highlight and showcase the Bureau
of Land Management’s stewardship of public
lands in Wyoming and the West.
(b) NATIONAL
HISTORIC
TRAILS
INTERPRETIVE
CENTER.—
(1) ESTABLISHMENT.—The Secretary of the In-
terior, acting through the Director of the Bureau of
Land Management (in this section referred to as the
‘‘Secretary’’), shall establish in Casper, Wyoming, a
center for the interpretation of the historic trails in
the vicinity of Casper, including the Oregon Trail,
the Mormon Trail, the California Trail, and the
294
Pony Express Trail, the Bridger Trail, the Bozeman
Trail, and various Indian routes. The center shall be
known as the National Historic Trails Interpretive
Center (in this section referred to as the ‘‘Center’’).
(2) FACILITIES.—The Secretary, subject to the
availability of appropriations, shall construct, oper-
ate, and maintain facilities for the Center—
(A) on land provided by the city of Casper,
Wyoming;
(B) in cooperation with the city of Casper
and the National Historic Trails Interpretive
Center Foundation, Inc. (a nonprofit corpora-
tion established under the laws of the State of
Wyoming); and
(C) in accordance with—
(i) the Memorandum of Understand-
ing entered into on March 4, 1993, by the
city, the foundation, and the Wyoming
State Director of the Bureau of Land
Management; and
(ii) the cooperative agreement between
the foundation and the Wyoming State Di-
rector of the Bureau of Land Management,
numbered K910A970020.
295
(3) DONATIONS.—Notwithstanding any other
provision of law, the Secretary may accept, retain,
and expend donations of funds, property, or services
from individuals, foundations, corporations, or public
entities for the purpose of development and oper-
ation of the Center.
(4) ENTRANCE FEE.—Notwithstanding section
4 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–6a), the Secretary may—
(A) collect an entrance fee from visitors to
the Center; and
(B) use amounts received by the United
States from that fee for expenses of operation
of the Center.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary $5,000,000 to carry out this section.
296
TITLE IX—HAZARDOUS FUELS
REDUCTION
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Community Protection
and Hazardous Fuels Reduction Act of 1998’’.
SEC. 902. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Management of Federal lands has been
characterized by large cyclical variations in fire sup-
pression policies, timber harvesting levels, and the
attention paid to commodity and noncommodity val-
ues.
(2) Forests on Federal lands are experiencing
significant disease epidemics and insect infestations.
(3) The combination of inconsistent manage-
ment and natural effects has resulted in a hazardous
fuels buildup on Federal lands that threatens cata-
strophic wildfire.
(4) While the long-term effect of catastrophic
wildfire on forests and forest systems is a matter of
debate, there should be no question that catastrophic
wildfire must be prevented in areas of the Federal
lands where wildlands abut, or are located in close
proximity to, communities, residences, and other pri-
vate and public facilities on non-Federal lands.
298
(8) In a period of fiscal austerity characterized
by shrinking budgets and personnel levels, Congress
must provide the Secretary of Agriculture and the
Secretary of the Interior with innovative tools to ac-
complish the required reduction in hazardous fuels
buildup and undertake other forest management
projects in the wildland/urban interface areas on the
Federal lands at least cost.
(b) PURPOSE.—The purpose of this title is to provide
new authority and innovative tools to the Secretary of Ag-
riculture and the Secretary of the Interior to safeguard
communities, lives, and property by reducing or eliminat-
ing the threat of catastrophic wildfire, and to undertake
needed forest management projects, in wildland/urban
interface areas on Federal lands.
SEC. 903. DEFINITIONS.
As used in this title:
(1) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) federally managed lands administered
by the Bureau of Land Management under the
Secretary of the Interior; and
(B) federally managed lands administered
by the Secretary of Agriculture.
299
(2) FOREST
MANAGEMENT
PROJECT.—The
term ‘‘forest management project’’ means a project,
including riparian zone enhancement, habitat im-
provement, forage removal by livestock grazing or
mechanical means, and soil stabilization or other
water quality improvement project, designed to pro-
tect one or more noncommodity resources on or in
close proximity to Federal lands.
(3) LAND
MANAGEMENT
PLAN.—The term
‘‘land management plan’’ means the following:
(A) With respect to Federal lands de-
scribed in paragraph (1)(A), a land use plan
prepared by the Bureau of Land Management
pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands de-
scribed in paragraph (1)(B), a land and re-
source management plan (or if no final plan is
in effect, a draft land and resource manage-
ment plan) prepared by the Forest Service pur-
suant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
300
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) with respect to the Federal lands de-
scribed in paragraph (1)(A), the Secretary of
the Interior; and
(B) with respect to the Federal lands de-
scribed in paragraph (1)(B), the Secretary of
Agriculture.
(5) WILDLAND/URBAN INTERFACE AREA.—The
term ‘‘wildland/urban interface area’’ means the line,
area, or zone where structures and other human de-
velopment meet or intermingle with undeveloped
wildland or vegetative fuel.
(6) CONGRESSIONAL COMMITTEES.—The term
‘‘congressional committees’’ means the Committee
on Resources and the Committee on Agriculture of
the House of Representatives and the Committee on
Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Sen-
ate.
(7) HAZARDOUS
FUELS
BUILDUP.—The term
‘‘hazardous fuels buildup’’ means that level of fuels
accumulation, within a fire regime, in which an igni-
tion with the right combination of weather and topo-
graphic conditions can result in—
301
(A) a dangerous exposure of risk to fire-
fighters and the public;
(B) a high potential to cause risk of loss
to key components that define ecological re-
sources, capital investments, and private prop-
erty; or
(C) both subparagraphs (A) and (B).
(8) FUELS.—The term ‘‘fuels’’ includes forage,
woody debris, duff, needle cast, brush, dead or dying
understory, and dead or dying overstory.
Subtitle A—Management of
Wildland/Urban Interface Areas
SEC. 911. IDENTIFICATION OF WILDLAND/URBAN INTER-
FACE AREAS.
On or before September 30 of each year, each Dis-
trict Manager of the Bureau of Land Management and
each Forest Supervisor of the Forest Service shall identify
those areas on Federal lands within the jurisdiction of the
District Manager or Forest Supervisor that the District
Manager or Forest Supervisor determines—
(1) meet the definition of wildland/urban inter-
face areas; and
(2) have hazardous fuels buildups and other
forest management needs that warrant the use of
302
forest management projects as provided in section
912.
SEC. 912. CONTRACTING TO REDUCE HAZARDOUS FUELS
AND 
UNDERTAKE 
FOREST 
MANAGEMENT
PROJECTS IN WILDLAND/URBAN INTERFACE
AREAS.
(a) CONTRACTING AUTHORITY.—
(1) IN GENERAL.—The Secretary concerned is
authorized to enter into contracts under this section
for the sale of forest products in a wildland/urban
interface area identified under section 911 for the
purpose of reducing hazardous fuels buildups in the
area.
(2) INCLUSION
OF
FOREST
MANAGEMENT
PROJECTS.—Subject to paragraph (3), the Secretary
concerned may require, as a condition of any sale of
forest products referred to in paragraph (1), that
the purchaser of such products undertake one or
more forest management projects in the wildland/
urban interface area.
(3) CONDITIONS
ON
INCLUSION.—The Sec-
retary concerned may include a forest management
project as a condition in a contract for the sale of
forest products referred to in paragraph (1) only
when the Secretary determines that—
303
(A) the forest management project is con-
sistent with the applicable land management
plan; and
(B) the objectives of the forest manage-
ment project can be accomplished most cost ef-
ficiently and effectively when the project is per-
formed as part of the sale contract.
(b) FINANCING AND SUPPLEMENTAL FUNDING.—
(1) FOREST MANAGEMENT CREDITS.—The fi-
nancing of a forest management project required as
a condition of a contract for a sale authorized by
subsection (a) shall be accomplished through the in-
clusion in the contract of a provision for amortiza-
tion of the cost of the forest management project
through the issuance of forest management credits
to the purchaser. Such forest management credits
shall offset the cost of the required forest manage-
ment project against the purchaser’s payment for
forest products.
(2) USE OF APPROPRIATED FUNDS.—The Sec-
retary concerned may use appropriated funds to as-
sist the purchaser to undertake a forest management
project required as a condition of a contract author-
ized by subsection (a) if such funds are provided
from the resource function or functions that directly
304
benefit from the performance of the project and are
available from the annual appropriation for such
function or functions during the fiscal year in which
the sale is offered. The amount of assistance to be
provided for each forest management project shall be
included in the prospectus, and published in the ad-
vertisement, for the sale.
(c) DETERMINATION
OF
FOREST
MANAGEMENT
CREDITS.—Prior to the advertisement of a sale authorized
by subsection (a), the Secretary concerned shall determine
the amount of forest management credits to be allocated
to each forest management project to be required as a con-
dition of the sale contract. A description of the forest man-
agement project, and the amount of the forest manage-
ment credits allocated to the project, shall be included in
the prospectus, and published in the advertisement, for the
sale.
(d) TRANSFER
OF FOREST MANAGEMENT CRED-
ITS.—The Secretary concerned may permit a purchaser
that holds forest management credits earned by the pur-
chaser as part of a sale authorized by subsection (a), but
not used in connection with that sale, to transfer the forest
management credits to another sale authorized by sub-
section (a) if—
305
(1) the subsequent sale is also purchased by
that purchaser; and
(2) the sale parcel is located on Federal lands
under that Secretary’s jurisdiction.
(e) TREATMENT OF FOREST MANAGEMENT CREDITS
AS MONEYS RECEIVED.—
(1) BUREAU OF LAND MANAGEMENT LANDS.—
In the case of Federal lands described in section
903(1)(A), all amounts earned by or allowed to any
purchaser of a sale authorized by subsection (a) in
the form of forest management credits shall be con-
sidered to be money received for purposes of title II
of the Act of August 28, 1937 (50 Stat. 875; 43
U.S.C. 1181f), the first section of the Act of May
24, 1939 (53 Stat. 753; 43 U.S.C. 1181f–1), or
other applicable law concerning the distribution of
receipts from the sale of forest products on such
lands.
(2) FOREST SYSTEM LANDS.—In the case of
Federal lands described in section 903(1)(B), all
amounts earned by or allowed to any purchaser of
a sale authorized by subsection (a) in the form of
forest management credits shall be considered to be
money received for purposes of the sixth paragraph
under the heading ‘‘FOREST SERVICE’’ in the Act
306
of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and
section 13 of the Act of March 1, 1911 (36 Stat.
963; commonly known as the Weeks Act; 16 U.S.C.
500).
(f) COST CONSIDERATIONS.—Because of the strong
concern for the safety of human life and property and the
protection of water quality, air quality, and wildlife habi-
tat, a sale authorized by subsection (a) shall not be pre-
cluded because the costs of the sale may exceed the reve-
nues derived from the sale, nor shall such sales be consid-
ered in any calculations concerning the revenue effects of
the forest products sales program for the Federal lands
or units of the Federal lands.
(g) LIMITATION ON CREDITS.—Each Secretary con-
cerned may utilize the authority in this section for up to
$75,000,000 per fiscal year.
SEC. 913. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the prepara-
tion and offering of contracts, and the performance of for-
est management projects, pursuant to section 912 to de-
termine the effectiveness of such contracts and forest
management projects in achieving the purpose of this title.
SEC. 914. REPORTING REQUIREMENTS.
(a) ANNUAL REPORT.—Not later than 90 days after
the end of each full fiscal year in which contracts are en-
307
tered into under section 912, the Secretary concerned shall
submit to the congressional committees a report, which
shall provide for the Federal lands within the jurisdiction
of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas
identified on or before September 30 of the previous
fiscal year pursuant to section 911.
(2) A summary of all contracts entered into,
and all forest management projects performed, pur-
suant to section 912 during the preceding fiscal
year;
(3) A discussion of any delays in excess of three
months encountered during the preceding fiscal year,
and likely to occur in the fiscal year in which the re-
port is submitted, in preparing and offering the
sales, and in performing the forest management
projects, pursuant to section 912.
(4) The results of the monitoring required by
section 913 of the contracts authorized, and the for-
est management projects performed, pursuant to
section 912.
(5) Any anticipated problems in the implemen-
tation of this subtitle.
(b) FOUR YEAR REPORT.—The fourth report pre-
pared by the Secretary concerned under subsection (a)
308
shall contain, in addition to the matters required by sub-
section (a), the following:
(1) An assessment by the Secretary concerned
regarding whether the contracting authority pro-
vided in section 912 should be reauthorized beyond
the period specified in section 915(a).
(2) If reauthorization is warranted, such rec-
ommendations as the Secretary concerned considers
appropriate regarding changes in such authority to
better achieve the purpose of this title.
SEC. 915. TERMINATION OF AUTHORITY.
(a) TERMINATION DATE.—The authority of the Sec-
retary concerned to offer sales of forest products pursuant
to section 912, and to require the purchasers of such prod-
ucts to undertake forest management projects as a condi-
tion of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring
after the date of the enactment of this Act.
(b) EFFECT ON EXISTING SALES.—Any contract for
a sale of forest products pursuant to section 912 entered
into before the end of the period specified in subsection
(a), and still in effect at the end of such period, shall re-
main in effect after the end of such period pursuant to
the terms of the contract.
309
(c) EFFECT ON EXISTING FOREST MANAGEMENT
CREDITS.—If any forest management credits from a sale
of forest products pursuant to section 912 are not used
before the end of the period specified in subsection (a),
and no law providing authority to offer sales pursuant to
section 912 after such period is enacted by Congress, such
credits may be used after such period in any sale of forest
products that is authorized by another law, is purchased
by the purchaser of the sale in which the credits were
earned, and is conducted by the Secretary concerned who
had jurisdiction over the sale in which the credits were
earned.
Subtitle B—Miscellaneous
Provisions
SEC. 921. REGULATIONS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary concerned shall prescribe
such regulations as are necessary and appropriate to im-
plement this title.
SEC. 922. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
the first five fiscal years beginning after the date of the
enactment of this Act such sums as may be necessary to
carry out this title.
310
TITLE X—MISCELLANEOUS
PROVISIONS
SEC. 1001. AUTHORITY TO ESTABLISH MAHATMA GANDHI
MEMORIAL.
(a) IN GENERAL.—The Government of India may es-
tablish a memorial to honor Mahatma Gandhi on the Fed-
eral land in the District of Columbia.
(b) COOPERATIVE AGREEMENTS.—The Secretary of
the Interior or any other head of a Federal agency may
enter into cooperative agreements with the Government of
India to maintain features associated with the memorial.
(c) COMPLIANCE WITH STANDARDS FOR COMMEMO-
RATIVE WORKS.—The establishment of the memorial shall
be in accordance with the Commemorative Works Act (40
U.S.C. 1001 et seq.), except that sections 2(c) and 6(b)
of that Act shall not apply with respect to the memorial.
(d) LIMITATION ON PAYMENT OF EXPENSES.—The
Government of the United States shall not pay any ex-
pense of the establishment of the memorial or its mainte-
nance.
SEC. 1002. ESTABLISHMENT OF THE NATIONAL CAVE AND
KARST RESEARCH INSTITUTE IN NEW MEX-
ICO.
(a) PURPOSES.—The purposes of this section are—
(1) to further the science of speleology;
311
(2) to centralize and standardize speleological
information;
(3) to foster interdisciplinary cooperation in
cave and karst research programs;
(4) to promote public education;
(5) to promote national and international co-
operation in protecting the environment for the ben-
efit of cave and karst landforms; and
(6) to promote and develop environmentally
sound and sustainable resource management prac-
tices.
(b) ESTABLISHMENT OF THE INSTITUTE.—
(1) IN GENERAL.—The Secretary of the Inte-
rior (referred to in this section as the ‘‘Secretary’’),
acting through the Director of the National Park
Service, shall establish the National Cave and Karst
Research Institute (referred to in this section as the
‘‘Institute’’).
(2) PURPOSES.—The Institute shall, to the ex-
tent practicable, further the purposes of this section.
(3) LOCATION.—The Institute shall be located
in the vicinity of Carlsbad Caverns National Park,
in the State of New Mexico. The Institute shall not
be located inside the boundaries of Carlsbad Caverns
National Park.
312
(c) ADMINISTRATION OF THE INSTITUTE.—
(1) MANAGEMENT.—The Institute shall be
jointly administered by the National Park Service
and a public or private agency, organization, or in-
stitution, as determined by the Secretary.
(2) GUIDELINES.—The Institute shall be oper-
ated and managed in accordance with the study pre-
pared by the National Park Service pursuant to sec-
tion 203 of Public Law 101–578 (16 U.S.C. 4310
note).
(3) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—The Secretary may enter into a contract or
cooperative agreement with a public or private agen-
cy, organization, or institution to carry out this sec-
tion.
(4) FACILITY.—
(A) LEASING OR ACQUIRING A FACILITY.—
The Secretary may lease or acquire a facility
for the Institute.
(B) CONSTRUCTION
OF
A
FACILITY.—If
the Secretary determines that a suitable facility
is not available for a lease or acquisition under
subparagraph (A), the Secretary may construct
a facility for the Institute.
313
(5) ACCEPTANCE
OF
GRANTS
AND
TRANS-
FERS.—To carry out this section, the Secretary may
accept—
(A) a grant or donation from a private
person; or
(B) a transfer of funds from another Fed-
eral agency.
(d) FUNDING.—
(1) MATCHING
FUNDS.—The Secretary may
spend only such amount of Federal funds to carry
out this section as is matched by an equal amount
of funds from non-Federal sources.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out this section.
SEC. 1003. GUADALUPE-HIDALGO TREATY LAND CLAIMS.
(a) DEFINITIONS AND FINDINGS.—
(1) DEFINITIONS.—For purposes of this sec-
tion:
(A) COMMISSION.—The term ‘‘Commis-
sion’’ means the Guadalupe-Hidalgo Treaty
Land Claims Commission established under
subsection (b).
(B) TREATY
OF
GUADALUPE-HIDALGO.—
The term ‘‘Treaty of Guadalupe-Hidalgo’’
314
means the Treaty of Peace, Friendship, Limits,
and Settlement (Treaty of Guadalupe Hidalgo),
between the United States and the Republic of
Mexico, signed February 2, 1848 (TS 207; 9
Bevans 791).
(C) ELIGIBLE
DESCENDANT.—The term
‘‘eligible descendant’’ means a descendant of a
person who—
(i) was a Mexican citizen before the
Treaty of Guadalupe-Hidalgo;
(ii) was a member of a community
land grant; and
(iii) became a United States citizen
within ten years after the effective date of
the Treaty of Guadalupe-Hidalgo, May 30,
1848, pursuant to the terms of the Treaty.
(D) COMMUNITY LAND GRANT.—The term
‘‘community land grant’’ means a village, town,
settlement, or pueblo consisting of land held in
common (accompanied by lesser private allot-
ments) by three or more families under a grant
from the King of Spain (or his representative)
before the effective date of the Treaty of Cor-
dova, August 24, 1821, or from the authorities
of the Republic of Mexico before May 30, 1848,
315
in what became the State of New Mexico, re-
gardless of the original character of the grant.
(E) RECONSTITUTED.—The term ‘‘recon-
stituted’’, with regard to a valid community
land grant, means restoration to full status as
a municipality with rights properly belonging to
a municipality under State law and the right of
local self-government.
(2) FINDINGS.—Congress finds the following:
(A) New Mexico has a unique history re-
garding the acquisition of ownership of land as
a result of the substantial number of Spanish
and Mexican land grants that were an integral
part of the colonization and growth of New
Mexico before the United States acquired the
area 
in 
the 
Treaty 
of 
Guadalupe-
Hidalgo.
(B) Various provisions of the Treaty of
Guadalupe-Hidalgo have not yet been fully im-
plemented in the spirit of Article VI, section 2,
of the Constitution of the United States.
(C) Serious questions regarding the prior
ownership of lands in the State of New Mexico,
particularly certain public lands, still exist.
316
(D) Congressionally established land claim
commissions have been used in the past to suc-
cessfully examine disputed land possession
questions.
(b) ESTABLISHMENT AND MEMBERSHIP OF COMMIS-
SION.—
(1) ESTABLISHMENT.—There is established a
commission to be known as the ‘‘Guadalupe-Hidalgo
Treaty Land Claims Commission’’.
(2) NUMBER
AND
APPOINTMENT
OF
MEM-
BERS.—The Commission shall be composed of 5
members appointed by the President by and with the
advice and consent of the Senate. At least 2 of the
members of the Commission shall be selected from
among persons who are eligible descendants.
(3) TERMS.—Each member shall be appointed
for the life of the Commission. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(4) COMPENSATION.—Members shall each be
entitled to receive the daily equivalent of level V of
the Executive Schedule for each day (including trav-
el time) during which they are engaged in the actual
performance of duties vested in the Commission.
(c) EXAMINATION OF LAND CLAIMS.—
317
(1) SUBMISSION OF LAND CLAIMS PETITIONS.—
Any 3 (or more) eligible descendants who are also
descendants of the same community land grant may
file with the Commission a petition on behalf of
themselves and all other descendants of that commu-
nity land grant seeking a determination of the valid-
ity of the land claim that is the basis for the peti-
tion.
(2) DEADLINE FOR SUBMISSION.—To be con-
sidered by the Commission, a petition under para-
graph (1) must be received by the Commission not
later than 5 years after the date of the enactment
of this Act.
(3) ELEMENTS OF PETITION.—A petition under
paragraph (1) shall be made under oath and shall
contain the following:
(A) The names and addresses of the eligi-
ble descendants who are petitioners.
(B) The fact that the land involved in the
petition was a community land grant at the
time of the effective date of the Guadalupe-Hi-
dalgo Treaty.
(C) The extent of the community land
grant, to the best of the knowledge of the peti-
tioners, accompanied with a survey or, if a sur-
318
vey is not feasible to them, a sketch map there-
of.
(D) The fact that the petitioners reside, or
intend to settle upon, the community land
grant.
(E) All facts known to petitioners concern-
ing the community land grant, together with
copies of all papers in regard thereto available
to petitioners.
(4) PETITION HEARING.—At one or more des-
ignated locations in the State of New Mexico, the
Commission shall hold a hearing upon each petition
timely submitted under paragraph (1), at which
hearing all persons having an interest in the land in-
volved in the petition shall have the right, upon no-
tice, to appear as a party.
(5) SUBPOENA POWER.—
(A) IN GENERAL.—The Commission may
issue subpoenas requiring the attendance and
testimony of witnesses and the production of
any evidence relating to any petition submitted
under paragraph (1). The attendance of wit-
nesses and the production of evidence may be
required from any place within the United
319
States at any designated place of hearing within
the State of New Mexico.
(B) FAILURE TO OBEY A SUBPOENA.—If a
person refuses to obey a subpoena issued under
this paragraph, the Commission may apply to a
United States district court for an order requir-
ing that person to appear before the Commis-
sion to give testimony, produce evidence, or
both, relating to the matter under investigation.
The application may be made within the judicial
district where the hearing is conducted or where
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the Commission shall be served in the
manner provided for subpoenas issued by a
United States district court under the Federal
Rules of Civil Procedure for the United States
district courts.
(D) SERVICE OF PROCESS.—All process of
any court to which application is to be made
under subparagraph (B) may be served in the
judicial district in which the person required to
be served resides or may be found.
320
(6) DECISION.—On the basis of the facts con-
tained in a petition submitted under paragraph (1),
and the hearing held with regard to the petition, the
Commission shall determine the validity of the com-
munity land grant described in the petition. The de-
cision shall include a recommendation of the Com-
mission regarding whether the community land
grant should be reconstituted and its lands restored.
(7) PROTECTION
OF
NON-FEDERAL
PROP-
ERTY.—The decision of the Commission regarding
the validity of a petition submitted under paragraph
(1) shall not affect the ownership, title, or rights of
owners of any non-Federal lands covered by the peti-
tion. Any recommendation of the Commission under
paragraph (6) regarding whether a community land
grant should be reconstituted and its lands restored
may not address non-Federal lands. In the case of
a valid petition covering lands held in non-Federal
ownership, the Commission shall modify the rec-
ommendation under paragraph (6) to recommend
the substitution of comparable Federal lands in the
State of New Mexico for the lands held in non-Fed-
eral ownership.
(d) COMMUNITY LAND GRANT STUDY CENTER.—To
assist the Commission in the performance of its activities
321
under subsection (c), the Commission shall establish a
Community Land Grant Study Center at the Onate Cen-
ter in Alcalde, New Mexico. The Commission shall be
charged with the responsibility of directing the research,
study, and investigations necessary for the Commission to
perform its duties under this section.
(e) MISCELLANEOUS POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commis-
sion considers appropriate. The Commission may ad-
minister oaths or affirmations to witnesses appear-
ing before it.
(2) POWERS OF MEMBERS AND AGENTS.—Any
member or agent of the Commission may, if author-
ized by the Commission, take any action which the
Commission is authorized to take by this subsection.
(3) GIFTS, BEQUESTS, AND
DEVISES.—The
Commission may accept, use, and dispose of gifts,
bequests, or devises of services or property, both real
and personal, for the purpose of aiding or facilitat-
ing the work of the Commission.
(4) MAILS.—The Commission may use the
United States mails in the same manner and under
322
the same conditions as other departments and agen-
cies of the United States.
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its responsibilities under this section.
(6) IMMUNITY.—The Commission is an agency
of the United States for the purpose of part V of
title 18, United States Code (relating to immunity
of witnesses).
(f) REPORT.—As soon as practicable after reaching
its last decision under subsection (c), the Commission
shall submit to the President and the Congress a report
containing each decision, including the recommendation of
the Commission regarding whether certain community
land grants should be reconstituted, so that the Congress
may act upon the recommendations.
(g) TERMINATION.—The Commission shall terminate
on 180 days after submitting its final report under sub-
section (f).
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1999 through 2007 for the purpose of carrying
323
out the activities of the Commission and to establish and
operate the Community Land Grant Study Center under
subsection (d).
SEC. 1004. OTAY MOUNTAIN WILDERNESS.
(a) FINDINGS.—The Congress finds and declares the
following:
(1) The public lands within the Otay Mountain
region of California are one of the last remaining
pristine locations in western San Diego County,
California.
(2) This rugged mountain adjacent to the
United States-Mexico border is internationally
known for its diversity of unique and sensitive
plants.
(3) This area plays a critical role in San
Diego’s multi-species conservation plan, a national
model made for maintaining biodiversity.
(4) Due to its proximity to the international
border, this area is the focus of important law en-
forcement and border interdiction efforts necessary
to curtail illegal immigration and protect the area’s
wilderness values.
(5) The illegal immigration traffic, combined
with the rugged topography, also presents unique
324
fire management challenges for protecting lives and
resources.
(b) DESIGNATION.—In furtherance of the purposes
of the Wilderness Act (16 U.S.C. 1131 et seq.), certain
public lands in the California Desert District of the Bu-
reau of Land Management, California, comprising ap-
proximately 18,500 acres as generally depicted on a map
entitled ‘‘Otay Mountain Wilderness’’ and dated May 7,
1998, are hereby designated as wilderness and therefore
as a component of the National Wilderness Preservation
System, which shall be known as the Otay Mountain Wil-
derness.
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, a map and a legal
description for the Wilderness Area shall be filed by
the Secretary with the Committee on Energy and
Natural Resources of the Senate and the Committee
on Resources of the House of Representatives. Such
map and legal description shall have the same force
and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and
typographical errors in such legal description and
map. Such map and legal description for the Wilder-
ness Area shall be on file and available for public in-
325
spection in the offices of the Director and California
State Director, Bureau of Land Management, De-
partment of the Interior.
(2) UNITED STATES-MEXICO BORDER.—In car-
rying out this subsection, the Secretary shall ensure
that the southern boundary of the Wilderness Area
is 100 feet north of the trail depicted on the map
referred to in paragraph (1) and is at least 100 feet
from the United States-Mexico international border.
(e) WILDERNESS REVIEW.—The Congress hereby
finds and directs that all the public lands not designated
wilderness within the boundaries of the Southern Otay
Mountain Wilderness Study Area (CA–060–029) and the
Western Otay Mountain Wilderness Study Area (CA–060–
028) managed by the Bureau of Land Management and
reported to the Congress in 1991, have been adequately
studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782), and are no longer subject to the re-
quirements contained in section 603(c) of that Act per-
taining to the management of wilderness study areas in
a manner that does not impair the suitability of such areas
for preservation as wilderness.
(f) ADMINISTRATION OF WILDERNESS AREA.—
326
(1) IN
GENERAL.—Subject to valid existing
rights and to paragraph (2), the Wilderness Area
shall be administered by the Secretary in accordance
with the provisions of the Wilderness Act (16 U.S.C.
1131 et seq.), except that—
(A) any reference in such provisions to the
effective date of the Wilderness Act is deemed
to be a reference to the effective date of this
Act; and
(B) any reference in such provisions to the
Secretary of Agriculture is deemed to be a ref-
erence to the Secretary of the Interior.
(2) BORDER ENFORCEMENT, DRUG INTERDIC-
TION, AND WILDLAND FIRE PROTECTION.—Because
of the proximity of the Wilderness Area to the
United States-Mexico international border, drug
interdiction, border operations, and wildland fire
management operations are common management
actions throughout the area encompassing the Wil-
derness Area. This section recognizes the need to
continue such management actions so long as such
management actions are conducted in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.)
and are subject to such conditions as the Secretary
considers appropriate.
327
(g) FURTHER ACQUISITIONS.—Any lands within the
boundaries of the Wilderness Area that are acquired by
the United States after the date of enactment of this Act
shall become part of the Wilderness Area and shall be
managed in accordance with all the provisions of this sec-
tion and other laws applicable to such a wilderness.
(h) NO BUFFER ZONES.—The Congress does not in-
tend for the designation of the Wilderness Area by this
section to lead to the creation of protective perimeters or
buffer zones around the Wilderness Area. The fact that
nonwilderness activities or uses can be seen or heard from
areas within the Wilderness Area shall not, of itself, pre-
clude such activities or uses up to the boundary of the
Wilderness Area.
(i) DEFINITIONS.—As used in this section:
(1) PUBLIC LANDS.—The term ‘‘public lands’’
has the same meaning as that term has in section
103(e) of the Federal Land Policy and Management
Act of 1976.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) WILDERNESS AREA.—The term ‘‘Wilderness
Area’’ means the Otay Mountain Wilderness des-
ignated by subsection (b).
328
SEC. 1005. ACQUISITION AND MANAGEMENT OF WILCOX
RANCH, UTAH, FOR WILDLIFE HABITAT.
(a) FINDINGS.—Congress finds the following:
(1) The lands within the Wilcox Ranch in east-
ern Utah are prime habitat for wild turkeys, eagles,
hawks, bears, cougars, elk, deer, bighorn sheep, and
many other important species, and Range Creek
within the Wilcox Ranch could become a blue ribbon
trout stream.
(2) These lands also contain a great deal of un-
disturbed cultural and archeological resources, in-
cluding ancient pottery, arrowheads, and rock homes
constructed centuries ago.
(3) These lands, while comprising only approxi-
mately 3,800 acres, control access to over 75,000
acres of Federal lands under the jurisdiction of the
Bureau of Land Management.
(4) Acquisition of the Wilcox Ranch would ben-
efit the people of the United States by preserving
and enhancing important wildlife habitat, ensuring
access to lands of the Bureau of Land Management,
and protecting priceless archeological and cultural
resources.
(5) These lands, if acquired by the United
States, can be managed by the Utah Division of
329
Wildlife Resources at no additional expense to the
Federal Government.
(b) ACQUISITION OF LANDS.—As soon as practicable,
after the date of the enactment of this Act, the Secretary
of the Interior shall acquire, through purchase, the Wilcox
Ranch located in Emery County, in eastern Utah.
(c) FUNDS FOR PURCHASE.—The Secretary of the
Interior is authorized to use not more than $5,000,000
from the land and water conservation fund established
under section 2 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–5) for the purchase of the
Wilcox Ranch under subsection (b).
(d) MANAGEMENT OF LANDS.—Upon payment by the
State of Utah of one-half of the purchase price of the
Wilcox Ranch to the United States, or transfer by the
State of Utah of lands of the same such value to the
United States, the Secretary of the Interior shall transfer
to the State of Utah all right, title, and interest of the
United States in and to those Wilcox Ranch lands ac-
quired under subsection (b) for management by the State
Division of Wildlife Resources for wildlife habitat and pub-
lic access.
330
SEC. 1006. ACQUISITION OF MINERAL AND GEOTHERMAL
INTERESTS WITHIN MOUNT ST. HELENS NA-
TIONAL VOLCANIC MONUMENT.
(a) FINDINGS.—Congress finds the following:
(1) The Act entitled ‘‘An Act to designate the
Mount St. Helens National Volcanic Monument in
the State of Washington, and for other purposes’’,
approved August 26, 1982 (96 Stat. 301; 16 U.S.C.
431 note), required the United States to acquire all
land and interests in land in the Mount St. Helens
National Volcanic Monument.
(2) The Act directed the Secretary of Agri-
culture to acquire the surface interests and the min-
eral and geothermal interests by separate exchanges
and expressed the sense of Congress that the ex-
changes be completed by November 24, 1982, and
August 26, 1983, respectively.
(3) The surface interests exchange was con-
summated timely, but the exchange of all mineral
and geothermal interests has not yet been completed
a decade and a half after the enactment of the Act.
(b) PURPOSE.—The purpose of this section is to pro-
vide for the expeditious completion of the previously man-
dated Federal acquisition of certain private mineral and
geothermal interests within the Mount St. Helens Na-
tional Volcanic Monument.
331
(c) ACQUISITION.—Section 3 of the Act entitled ‘‘An
Act to designate the Mount St. Helens National Volcanic
Monument in the State of Washington, and for other pur-
poses’’, approved August 26, 1982 (Public Law 97–243;
96 Stat. 302; 16 U.S.C. 431 note), is amended—
(1) in subsection (a), by striking ‘‘and except
that the Secretary may acquire mineral and geo-
thermal interests only by exchange. It is the sense
of the Congress that in the case of mineral and geo-
thermal interests such exchanges should be com-
pleted within one year after the date of enactment
of the Act’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(g) EXPEDITIOUS COMPLETION
OF EXCHANGES
FOR MINERAL AND GEOTHERMAL INTERESTS.—
‘‘(1) DEFINITION
OF
HOLDER.—In this sub-
section, the term ‘holder’ means a company referred
to in subsection (c) or its assigns or successors.
‘‘(2) EXCHANGE REQUIRED.—Within 60 days
after the date of enactment of this subsection, the
Secretary of the Interior shall acquire by exchange
the mineral and geothermal interests in the Monu-
ment of each holder.
‘‘(3) MONETARY CREDITS.—
332
‘‘(A) ISSUANCE.—In exchange for all min-
eral and geothermal interests acquired by the
Secretary of the Interior from each holder
under paragraph (2), the Secretary of the Inte-
rior shall issue to each such holder monetary
credits with a value of $2,100,000 that may be
used for the payment of—
‘‘(i) not more than 50 percent of the
bonus or other payments made by success-
ful bidders in any sales of mineral, oil, gas,
or geothermal leases under the Mineral
Leasing Act (30 U.S.C. 181 et seq.), the
Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et
seq.) in the contiguous 48 States;
‘‘(ii) not more than 10 percent of the
bonus or other payments made by success-
ful bidders in any sales of mineral, oil, gas,
or geothermal leases in Alaska under the
laws specified in clause (i);
‘‘(iii) not more than 50 percent of any
royalty, rental, or advance royalty payment
made to the United States to maintain any
mineral, oil or gas, or geothermal lease in
333
the contiguous 48 States issued under the
laws specified in clause (i); or
‘‘(iv) not more than 10 percent of any
royalty, rental, or advance royalty payment
made to the United States to maintain any
mineral, oil or gas, or geothermal lease in
Alaska issued under the laws specified in
clause (i).
‘‘(B) VALUE OF CREDITS.—The total cred-
its of $4,200,000 in value issued under sub-
paragraph (A) are deemed to equal the fair
market value of all mineral and geothermal in-
terests to be conveyed by exchange under para-
graph (2).
‘‘(4) ACCEPTANCE OF CREDITS.—The Secretary
of the Interior shall accept credits issued under
paragraph (3)(A) in the same manner as cash for
the payments described in such paragraph. The use
of the credits shall be subject to the laws (including
regulations) governing such payments, to the extent
the laws are consistent with this subsection.
‘‘(5) TREATMENT OF CREDITS FOR DISTRIBU-
TION TO STATES.—All amounts in the form of cred-
its accepted by the Secretary of the Interior under
paragraph (4) for the payments described in para-
334
graph (3)(A) shall be considered to be money re-
ceived for the purpose of section 35 of the Mineral
Leasing Act (30 U.S.C. 191) and section 20 of the
Geothermal Steam Act of 1970 (30 U.S.C. 1019).
‘‘(6) EXCHANGE ACCOUNT.—
‘‘(A) ESTABLISHMENT.—Notwithstanding
any other provision of law, not later than 30
days after the completion of the exchange with
a holder required by paragraph (2), the Sec-
retary of the Interior shall establish an ex-
change account for that holder for the monetary
credits issued to that holder under paragraph
(3). The account for a holder shall be estab-
lished with the Minerals Management Service of
the Department of the Interior and have an ini-
tial balance of credits equal to $2,100,000.
‘‘(B) USE OF CREDITS.—The credits in a
holder’s account shall be available to the holder
for the purposes specified in paragraph (3)(A).
The Secretary of the Interior shall adjust the
balance of credits in the account to reflect cred-
its accepted by the Secretary of the Interior
pursuant to paragraph (4).
‘‘(C) TRANSFER OR SALE OF CREDITS.—
335
‘‘(i) TRANSFER
OR
SALE
AUTHOR-
IZED.—A holder may transfer or sell any
credits in the holder’s account to another
person.
‘‘(ii) USE
OF
TRANSFERRED
CRED-
ITS.—Credits transferred or sold under
clause (i) may be used in accordance with
this subsection only by a person that is
qualified to bid on, or that holds, a min-
eral, oil, or gas lease under the Mineral
Leasing Act (30 U.S.C. 181 et seq.), the
Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
‘‘(iii) NOTIFICATION.—Within 30 days
after the transfer or sale of any credits by
a holder, that holder shall notify the Sec-
retary of the Interior of the transfer or
sale. The transfer or sale of any credit
shall not be considered valid until the Sec-
retary of the Interior has received the noti-
fication required under this clause.
‘‘(D) TIME LIMIT ON USE OF CREDITS.—
On the date that is 5 years after the date on
336
which an account is created under subpara-
graph (A) for a holder, the Secretary of the In-
terior shall terminate that holder’s account.
Any credits that originated in the terminated
account and have not been used as of the termi-
nation date, including any credits transferred or
sold under subparagraph (C), shall become un-
usable.
‘‘(7) TITLE TO INTERESTS.—On the date of the
establishment of an exchange account for a holder
under paragraph (6)(A), title to any mineral and
geothermal interests that are held by the holder and
are to be acquired by the Secretary of the Interior
under paragraph (2) shall transfer to the United
States.
‘‘(h) IDENTIFICATION OF OTHER INTERESTS.—With-
in 180 days after the date of the enactment of this sub-
section, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report—
‘‘(1) identifying any other non-Federal property
interests within the boundaries of the Monument;
and
337
‘‘(2) containing the recommendations of the
Secretary regarding whether acquisition of any such
interests may be warranted to avoid future manage-
ment problems in connection with the Monument.’’.
SEC. 1007. OPERATION AND MAINTENANCE OF EXISTING
DAMS AND WEIRS, EMIGRANT WILDERNESS,
STANISLAUS NATIONAL FOREST, CALIFOR-
NIA.
The Secretary of Agriculture shall enter into an
agreement with a non-Federal entity, under which the en-
tity will retain, maintain, and operate at private expense
the 18 concrete dams and weirs located within the bound-
aries of the Emigrant Wilderness in the Stanislaus Na-
tional Forest, California, as designated by section 2(b) of
Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note).
The Secretary shall require the entity to operate and
maintain the dams and weirs at the level of operation and
maintenance that applied to such dams and weirs before
January 3, 1975.
SEC. 1008. DEMONSTRATION RESOURCE MANAGEMENT
PROJECT, STANISLAUS NATIONAL FOREST,
CALIFORNIA, TO ENHANCE AND PROTECT
THE GRANITE WATERSHED.
(a) RESOURCE MANAGEMENT CONTRACT AUTHOR-
IZED.—The Secretary of Agriculture may enter into a con-
338
tract with a single private contractor to perform multiple
resource management activities on Federal lands within
the Stanislaus National Forest in the State of California
for the purpose of demonstrating enhanced ecosystem
health and water quality, and significantly reducing the
risk of catastrophic wildfire, in the Granite watershed at
a reduced cost to the Government. The contract shall be
for a term of five years.
(b) AUTHORIZED MANAGEMENT ACTIVITIES.—The
types of resource management activities performed under
the contract shall include the following:
(1) Reduction of forest fuel loads through the
use of precommercial and commercial thinning and
prescribed burns in the Granite watershed.
(2) Monitoring of ecosystem health and water
quality in the Granite watershed.
(3) Monitoring of the presence of wildlife in the
area in which management activities are performed
and the effect of the activities on wildlife presence.
(4) Such other resource management activities
as the Secretary considers appropriate to dem-
onstrate enhanced ecosystem health and water qual-
ity in the Granite watershed.
(c) COMPLIANCE WITH FEDERAL LAW AND SPOT-
TED OWL GUIDELINES.—All resource management activi-
339
ties performed under the contract shall be performed in
a manner consistent with applicable Federal law and the
standards and guidelines for the conservation of the Cali-
fornia spotted owl (as set forth in the California Spotted
Owl Sierran Province Interim Guidelines or the subse-
quently issued final guidelines, whichever is in effect).
(d) FUNDING.—
(1) SOURCES OF FUNDS.—To provide funds for
the resource management activities to be performed
under the contract, the Secretary may use—
(A) funds appropriated to carry out this
section;
(B) funds specifically provided to the For-
est Service to implement projects to dem-
onstrate enhanced water quality and protect
aquatic and upland resources;
(C) excess funds that are allocated for the
administration 
and 
management 
of 
the
Stanislaus National Forest, California;
(D) hazardous fuels reduction funds allo-
cated for Region 5 of the Forest Service; and
(E) a contract provision allowing the cost
of performing authorized management activities
described in subsection (b) to be offset by the
340
values owed to the United States for any forest
products removed by the contractor.
(2) 
PROHIBITION
ON
USE
OF
CERTAIN
FUNDS.—Except as provided in paragraph (1), the
Secretary may not carry out the contract using
funds appropriated for any other unit of the Na-
tional Forest System.
(3) CONDITIONS ON FUNDS TRANSFERS.—Any
transfer of funds under paragraph (1) may be made
only in accordance with the procedures concerning
notice to, and review by, the Committee on Appro-
priations of the House of Representatives and the
Committee on Appropriations of the Senate that are
applied by the Secretary in the case of a transfer of
funds between appropriations.
(e) ACCEPTANCE AND USE OF STATE FUNDS.—The
Secretary may accept and use funds provided by the State
of California to assist in the implementation of the con-
tract under this section.
(f) REPORTING REQUIREMENTS.—Not later than
February 28 of each year during the term of the contract,
the Secretary shall submit to Congress a report describ-
ing—
341
(1) the resource management activities per-
formed under the contract during the period covered
by the report;
(2) the source and amount of funds used under
subsection (d) to carry out the contract; and
(3) the resource management activities to be
performed under the contract during the calendar
year in which the report is submitted.
(g) RELATIONSHIP TO OTHER LAWS.—Nothing in
this section exempts the contract, or resource management
activities to be performed under the contract, from any
Federal environmental law.
SEC. 1009. EAST TEXAS BLOWDOWN-NEPA PARITY.
(a) IN GENERAL.—The Secretary of Agriculture may
remove dead, downed, or severely root-sprung trees in
areas described in subsection (b) in accordance with the
alternative arrangements approved by the Council on En-
vironmental Quality for National Forests and Grasslands
in Texas, as set forth in a letter from the Chairman of
the Council on Environmental Quality to the Deputy Chief
of the National Forest System dated March 10, 1998.
(b) AREAS DESCRIBED.—The areas referred to in
subsection (a) are the following:
(1) Approximately 20,000 acres of blowdown
forest in the Routt National Forest, Colorado.
342
(2) Approximately 700 acres of blowdown forest
in the Rio Grande National Forest, Colorado.
(3) Approximately 50,000 acres of bark beetle
infested forest in the Dixie National Forest, Utah.
(4) Approximately 25,000 acres of insect and
fuel-loading conditions on National Forest System
lands in the Tahoe Basin, California.
(5) Approximately 28,000 acres of fire-dam-
aged, dead, and dying trees in the Malheur National
Forest, Oregon.
(6) Approximately 10,000 acres of gypsy moth
infestation in the Allegheny National Forest, Penn-
sylvania.
(7) Approximately 5,000 acres of severely ice
damaged forests in the White Mountain National
Forest, New Hampshire, and the Green Mountain
National Forest, Vermont.
(8) Approximately 10,000 acres of severe
Mountain pine beetle damaged forests in the Pan-
handle National Forest, Nezperce National Forest,
and Boise National Forest, Idaho.
(9) Approximately 10,000 acres of severely ice
damaged forests in the Daniel Boone National For-
est, Kentucky.
343
(10) Approximately 15,000 acres of fire-dam-
aged, dead, and dying trees in the Osceola National
Forest and Apalachica National Forest, Florida.
(c) OTHER FORESTS.—
(1) REQUIREMENT TO REQUEST ALTERNATIVE
ARRANGEMENTS.—The Secretary of Agriculture or
the Secretary of the Interior, respectively, shall
promptly request the Council on Environmental
Quality to approve alternative arrangements under
part 1506.11 of title 40, Code of Federal Regula-
tions, authorizing removal of dead, downed, or se-
verely root-sprung trees on any national forest or
public domain lands where premature mortality is
expected as a result of catastrophic forest conditions.
(2) CONSIDERATION OF REQUESTS.—Upon re-
ceipt of a request under paragraph (1), the Council
on Environmental Quality shall promptly consider
and approve or disapprove the request.
(3) REGULATIONS.—The Chairman of the
Council on Environmental Quality shall, by not later
than 180 days after the date of the enactment of
this Act, issue regulations—
(A) governing the approval of alternative
arrangements under part 1506.11 of title 40,
344
Code of Federal Regulations, pursuant to re-
quests under paragraph (1); and
(B) establishing criteria under which those
requests will be considered and approved or dis-
approved.
SEC. 1010. EXEMPTION FOR NOT-FOR-PROFIT ENTITIES
FROM STRICT LIABILITY FOR RECOVERY OF
FIRE SUPPRESSION COSTS.
Section 504(h) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1764(h)) is amended by
adding at the end the following new paragraph:
‘‘(3) In the regulations required under this sub-
section, the Secretary concerned may not impose liability
without fault for fire suppression costs incurred by the
United States with respect to a right-of-way under this
title if the holder of the right-of-way is a not-for-profit
entity, including a not-for-profit entity that uses the right-
of-way for the delivery of electricity to parties having an
equity interest in the not-for-profit entity.’’.
SEC. 1011. STUDY OF IMPROVED OUTDOOR RECREATIONAL
ACCESS FOR PERSONS WITH DISABILITIES.
(a) STUDY REQUIRED.—The Secretary of Agriculture
and the Secretary of the Interior shall jointly provide for
the conduct of a study to consider ways to improve the
access of persons with disabilities to outdoor recreational
345
opportunities (such as fishing, hunting, shooting, trap-
ping, wildlife viewing, hiking, boating, and camping) that
are made available to the public on the Federal lands de-
scribed in subsection (b).
(b) COVERED FEDERAL LANDS.—The Federal lands
referred to in subsection (a) are the following:
(1) National Forest System lands.
(2) Units of the National Park System.
(3) Areas in the National Wildlife Refuge Sys-
tem.
(4) Lands administered by the Bureau of Land
Management.
(c) PERFORMANCE BY INDEPENDENT ENTITY.—To
conduct the study under this section, the Secretaries shall
select an independent entity in the private sector that has
demonstrated expertise in issues regarding improved ac-
cess for persons with disabilities. The Secretaries shall
consult with the National Council on Disability regarding
the selection of the independent entity.
(d) REPORT ON STUDY.—Not later than 18 months
after the date of the enactment of this Act, the entity con-
ducting the study shall submit to the Secretaries and the
Congress a report that sets forth the results of the study.
346
SEC. 1012. COMMUNICATION SITE.
(a) IN GENERAL.—The site located directly below In-
spiration Point within the San Jacinto Ranger District of
the San Bernardino National Forest, California, on which
communications facilities are located on August 1, 1998,
is hereby designated to be used for communication pur-
poses by the persons who operate such communications
facilities on such data and their successors or assigns until
such time as such persons, successors, or assigns no longer
require the use of such site and provide written notice to
that effect to the Forest Service.
(b) LIMITATION.—Nothing in this subsection (a)
shall be construed to—
(1) excuse such persons, successors, or assigns
from complying with requirements of law or regula-
tion that do not unreasonably or unduly restrict the
continued use of such site;
(2) require the site to be made available to
other persons for communications use or other pur-
poses; and
(3) require dedication of the site for continued
use for communications purposes after the notice re-
ferred to in subsection (a).
347
SEC. 1013. AMENDMENT OF THE OUTER CONTINENTAL
SHELF LANDS ACT.
Section 8(k)(2)(B) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(k)(2)(B)) is amended by
striking ‘‘an agency of the Federal Government’’ and in-
serting ‘‘a Federal, State, or local government agency’’.
SEC. 1014. LEASING OF CERTAIN RESERVED MINERAL IN-
TERESTS.
(a) APPLICATION OF MINERAL LEASING ACT.—Not-
withstanding the provisions of section 4 of the 1964 Public
Land Sale Act (P.L. 88–608, 78 Stat. 988), the Federal
reserved mineral interests in lands conveyed under that
Act by United States land patents No. 49–71–0059 and
No. 49–71–0065 shall be subject to the operation of the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) ENTRY.—Any person who acquires any lease
under the Mineral Leasing Act for the interests referred
to in subsection (a) may exercise the right to enter re-
served to the United States and persons authorized by the
United States in the patents conveying the lands described
in subsection (a) by occupying so much of the surface
thereof as may be required for all purposes reasonably in-
cident to the exploration for, and extraction and removal
of, the leased minerals by either of the following means:
(1) By securing the written consent or waiver
of the patentee.
348
(2) In the absence of such consent or waiver, by
posting a bond or other financial guarantee with the
Secretary of the Interior in an amount sufficient to
insure—
(A) the completion of reclamation pursuant
to the Secretary’s requirements under the Min-
eral Leasing Act, and
(B) the payment to the surface owner
for—
(i) any damages to crops and tangible
improvements of the surface owner that re-
sult from activities under the mineral
lease, and
(ii) any permanent loss of income to
the surface owner due to loss or impair-
ment of grazing use, or of other uses of
the land by the surface owner at the time
of commencement of activities under the
mineral lease.
(c) LANDS
COVERED
BY
PATENT
NO. 49–71–
0065.—In the case of the lands in United States patent
No. 49–71–0065, the preceding provisions of this section
take effect January 1, 1997.
349
SEC. 1015. OIL AND GAS WELLS IN WAYNE NATIONAL FOR-
EST, OHIO.
(a) AUTHORITY.—The Secretary of the Interior may
enter into noncompetitive oil and gas production and rec-
lamation contracts in accordance with this section with op-
erators of wells in the Wayne National Forest in the State
of Ohio who meet the criteria of section 17(b)(3)(A) of
the Act of February 25, 1920 (30 U.S.C. 226(b)(3)(A))
pursuant to private land mineral leases which were in ef-
fect on and after the date of the enactment of this section,
subject to the same laws and regulations that applied to
those private land mineral leases.
(b) ADDITIONAL DRILLING.—No contract under this
section may authorize deeper completions or additional
drilling.
(c) BONDING.—
(1) WAIVER
OF FEDERAL
BONDING.—Each
contract under this section shall require the contrac-
tor to provide a Federal oil and gas bond to ensure
complete and timely reclamation of the former lease
tract in accordance with the regulations of the Bu-
reau of Land Management and the Forest Service,
unless the Secretary of the Interior accepts in lieu
thereof assurances from the Ohio Department of
Natural Resources, Division of Oil and Gas, that—
350
(A) the contractor has duly satisfied the
bonding requirements of the State of Ohio; and
following inspection of operator performance,
the Ohio Department of Natural Resources is
not opposed to such waiver of Federal bonding
requirements;
(B) the United States of America is enti-
tled to apply for and receive funding under the
provision of section 1509.071 of the Ohio Re-
vised Code so as to properly plug and restore
oil and gas sites and lease tracts; and
(C) during the 2 years prior to the date on
which the contract is entered into no less than
20 percent of Ohio State severance tax revenues
has been allocated to the State of Ohio Orphan
Well Fund.
(2) CONTINUED COMPLIANCE WITH 20 PERCENT
REQUIREMENT.—In entering into any contract under
this section, the Secretary of the Interior shall re-
serve the right to require the contractor to comply
with all Federal oil and gas bonding requirements
applicable to Federal oil and gas leases under the
regulations of the Bureau of Land Management and
the Forest Service whenever the Secretary finds that
less than 20 percent of Ohio State severance tax rev-
351
enues has been allocated to the State of Ohio Or-
phan Well Fund.
SEC. 1016. MEMORIAL TO MR. BENJAMIN BANNEKER IN
THE DISTRICT OF COLUMBIA.
(a) MEMORIAL
AUTHORIZED.—The Washington
Interdependence Council of the District of Columbia is au-
thorized to establish a memorial in the District of Colum-
bia to honor and commemorate the accomplishments of
Mr. Benjamin Banneker.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMO-
RATIVE WORKS.—The establishment of the memorial shall
be in accordance with the Commemorative Works Act (40
U.S.C. 1001 et seq.).
(c) PAYMENT
OF
EXPENSES.—The Washington
Interdependence Council shall be solely responsible for ac-
ceptance of contributions for, and payment of the expenses
of, the establishment of the memorial. No Federal funds
may be used to pay any expense of the establishment of
the memorial.
(d) DEPOSIT OF EXCESS FUNDS.—If, upon payment
of all expenses of the establishment of the memorial (in-
cluding the maintenance and preservation amount re-
quired under section 8(b) of the Commemorative Works
Act (40 U.S.C. 1008(b))), or upon expiration of the au-
thority for the memorial under section 10(b) of such Act
352
(40 U.S.C. 1010(b)), there remains a balance of funds re-
ceived for the establishment of the memorial, the Washing-
ton Interdependence Council shall transmit the amount of
the balance to the Secretary of the Treasury for deposit
in the account provided for in section 8(b)(1) of such Act
(40 U.S.C. 1008(b)(1)).
353
TITLE 
XI—AMENDMENTS 
AND
TECHNICAL 
CORRECTIONS
TO 1996 OMNIBUS PARKS ACT
SEC. 1100. REFERENCE TO OMNIBUS PARKS AND PUBLIC
LANDS MANAGEMENT ACT OF 1996.
In this title, the term ‘‘Omnibus Parks Act’’ means
the Omnibus Parks and Public Lands Management Act
of 1996 (Public Law 104–333; 110 Stat. 4093).
Subtitle A—Technical Corrections
to the Omnibus Parks Act
SEC. 1101. PRESIDIO OF SAN FRANCISCO.
Title I of division I of the Omnibus Parks Act (16
U.S.C. 460bb note) is amended as follows:
(1) In section 101(2) (110 Stat. 4097), by
striking ‘‘the Presidio is’’ and inserting ‘‘the Pre-
sidio was’’.
(2) In section 103(b)(1) (110 Stat. 4099), by
striking ‘‘other lands administrated by the Sec-
retary.’’ in the last sentence and inserting ‘‘other
lands administered by the Secretary.’’.
(3) In section 105(a)(2) (110 Stat. 4104), by
striking ‘‘in accordance with section 104(h) of this
title.’’ and inserting ‘‘in accordance with section
104(i) of this title.’’.
354
SEC. 1102. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of division I of the Omnibus Parks
Act (110 Stat. 4110; 16 U.S.C. 81p) is amended by strik-
ing ‘‘depicted on the map dated August 1993, numbered
333/80031A,’’ and inserting ‘‘depicted on the map dated
August 1996, numbered 333/80331B,’’.
SEC. 1103. MERCED IRRIGATION DISTRICT.
Section 218(a) of division I of the Omnibus Parks
Act (110 Stat. 4113) is amended by striking ‘‘this Act’’
and inserting ‘‘this section’’.
SEC. 1104. BIG THICKET NATIONAL PRESERVE.
Section 306 of division I of the Omnibus Parks Act
(110 Stat. 4132; 16 U.S.C. 698 note) is amended as fol-
lows:
(1) In subsection (d), by striking ‘‘until the ear-
lier of the consummation of the exchange of July 1,
1998,’’ and inserting ‘‘until the earlier of the con-
summation of the exchange or July 1, 1998,’’.
(2) In subsection (f)(2), by striking ‘‘Menard
Creek’’ and inserting ‘‘the Mendard Creek’’.
(3) In subsection (g), by striking ‘‘Menard
Creek’’ and inserting ‘‘Mendard Creek’’.
SEC. 1105. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
Section 311 of division I of the Omnibus Parks Act
(110 Stat. 4139) is amended as follows:
355
(1) In subsection (d)(2)(B)(ii), by striking ‘‘W,
Seward Meridian’’ and inserting ‘‘W., Seward Merid-
ian’’.
(2) In subsection (f)(1), by striking ‘‘to be
know’’ and inserting ‘‘to be known’’.
SEC. 1106. LAMPREY WILD AND SCENIC RIVER.
(a) TECHNICAL CORRECTION.—Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C 1274(a)), as
amended by section 405(a) of division I of the Omnibus
Parks Act (110 Stat. 4149), is amended in the second sen-
tence of the unnumbered paragraph relating to the Lam-
prey River, New Hampshire, by striking ‘‘through co-
operation agreements’’ and inserting ‘‘through cooperative
agreements’’.
(b) CROSS REFERENCE.—Section 405(b)(1) of divi-
sion I of the Omnibus Parks Act (110 Stat. 4149; 16
U.S.C. 1274 note) is amended by striking ‘‘this Act’’ and
inserting ‘‘the Wild and Scenic Rivers Act’’.
SEC. 1107. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of division I of the Omnibus Parks
Act (110 Stat. 4154; 16 U.S.C. 461 note) is amended by
striking ‘‘by the Vancouver Historical Assessment’ pub-
lished’’.
356
SEC. 1108. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508 of division I of the Omnibus Parks Act
(110 Stat. 4157, 40 U.S.C. 1003 note) is amended as fol-
lows:
(1) In subsection (a), by striking ‘‘of 1986’’ and
inserting ‘‘(40 U.S.C. 1001 et seq.)’’;.
(2) In subsection (b), by striking ‘‘the Act’’ and
all that follows through ‘‘1986’’ and inserting ‘‘the
Commemorative Works Act’’.
(3) In subsection (d), by striking ‘‘the Act re-
ferred to in section 4401(b))’’ and inserting ‘‘the
Commemorative Works Act)’’.
SEC. 1109. ADVISORY COUNCIL ON HISTORIC PRESERVA-
TION.
The first sentence of section 205(g) of the National
Historic Preservation Act (16 U.S.C. 470m(g)), as amend-
ed by section 509(c) of division I of the Omnibus Parks
Act (110 Stat. 4157), is amended by striking ‘‘for the pur-
pose.’’ and inserting ‘‘for that purpose.’’.
SEC. 1110. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of division I of the Omnibus Parks
Act (110 Stat. 4158; 16 U.S.C. 461 note) is amended by
striking ‘‘the contribution of our national heritage’’ and
inserting ‘‘the contribution to our national heritage’’.
357
SEC. 1111. NEW BEDFORD WHALING NATIONAL HISTORICAL
PARK.
(a) Section 511 of division I of the Omnibus Parks
Act (110 Stat. 4159; 16 U.S.C. 410ddd) is amended as
follows:
(1) In the section heading, by striking ‘‘NA-
TIONAL
HISTORIC
LANDMARK
DISTRICT’’ and
inserting ‘‘WHALING
NATIONAL
HISTORICAL
PARK’’.
(2) In subsection (c)—
(A) in paragraph (1), by striking ‘‘certain
districts structures, and relics’’ and inserting
‘‘certain districts, structures, and relics’’; and
(B) in paragraph (2)(A)(i), by striking
‘‘The area included with the New Bedford Na-
tional Historic Landmark District, known as
the’’ and inserting ‘‘The area included within
the New Bedford Historic District (a National
Landmark District), also known as the’’.
(3) In subsection (d)(2), by striking ‘‘to pro-
vide’’.
(4) By redesignating the second subsection (e)
and subsection (f) as subsections (f) and (g), respec-
tively.
(5) In subsection (g), as so redesignated—
358
(A) in paragraph (1), by striking ‘‘section
3(D).’’ and inserting ‘‘subsection (d).’’; and
(B) in paragraph (2)(C), by striking ‘‘co-
operative grants under subsection (d)(2).’’ and
inserting ‘‘cooperative agreements under sub-
section (e)(2).’’.
SEC. 1112. NICODEMUS NATIONAL HISTORIC SITE.
Section 512(a)(1)(B) of division I of the Omnibus
Parks Act (110 Stat. 4163; 16 U.S.C. 461 note) is amend-
ed by striking ‘‘Afican-Americans’’ and inserting ‘‘Afri-
can-Americans’’.
SEC. 1113. UNALASKA.
Section 513(c) of division I of the Omnibus Parks
Act (110 Stat. 4165; 16 U.S.C. 461 note) is amended by
striking ‘‘whall be comprised’’ and inserting ‘‘shall be com-
prised’’.
SEC. 1114. REVOLUTIONARY WAR AND WAR OF 1812 HIS-
TORIC PRESERVATION STUDY.
Section 603(d)(2) of division I of the Omnibus Parks
Act (110 Stat. 4172; 16 U.S.C. 1a–5 note) is amended
by striking ‘‘subsection (b) shall—’’ and inserting ‘‘para-
graph (1) shall—’’.
359
SEC. 1115. SHENANDOAH VALLEY BATTLEFIELDS.
Section 606 of division I of the Omnibus Parks Act
(110 Stat. 4175; 16 U.S.C. 461 note) is amended as fol-
lows:
(1) In subsection (d)—
(A) in paragraph (1), by striking ‘‘section
5.’’ and inserting ‘‘subsection (e).’’;
(B) in paragraph (2), by striking ‘‘section
9.’’ and inserting ‘‘subsection (h).’’; and
(C) in paragraph (3), by striking ‘‘Com-
mission plan approved by the Secretary under
section 6.’’ and inserting ‘‘plan developed and
approved under subsection (f).’’.
(2) In subsection (f)(1), by striking ‘‘this Act’’
and inserting ‘‘this section’’.
(3) In subsection (g)—
(A) in paragraph (3), by striking ‘‘pur-
poses of this Act’’ and inserting ‘‘purposes of
this section’’; and
(B) in paragraph (5), by striking ‘‘section
9.’’ and inserting ‘‘subsection (i).’’.
(4) In subsection (h)(12), by striking ‘‘this
Act’’ and inserting ‘‘this section’’.
SEC. 1116. WASHITA BATTLEFIELD.
Section 607 of division I of the Omnibus Parks Act
(110 Stat. 4181; 16 U.S.C. 461 note) is amended—
360
(1) in subsection (c)(3), by striking ‘‘this Act’’
and inserting ‘‘this section’’; and
(2) in subsection (d)(2), by striking ‘‘local land
owners’’ and inserting ‘‘local landowners’’.
SEC. 1117. SKI AREA PERMIT RENTAL CHARGE.
Section 701 of division I of the Omnibus Parks Act
(110 Stat 4182; 16 U.S.C. 497c) is amended as follows:
(1) In subsection (b)(3), by striking ‘‘legislated
by this Act’’ and inserting ‘‘required by this sec-
tion’’.
(2) In subsection (d)—
(A) in the matter preceding paragraph (1),
by striking ‘‘formula of this Act’’ and inserting
‘‘formula of this section’’;
(B) in paragraphs (1), (2), and (3), by
striking ‘‘this Act’’ each place it appears and
inserting ‘‘this section’’; and
(C) in the sentence below paragraph (3)—
(i) by inserting ‘‘adjusted gross reve-
nue for the’’ before ‘‘1994–1995 base
year’’; and
(ii) by striking ‘‘this Act’’ and insert-
ing ‘‘this section’’.
(3) In subsection (f)—
362
SEC. 1119. ROBERT J. LAGOMARSINO VISITOR CENTER.
Section 809(b) of division I of the Omnibus Parks
Act (110 Stat. 4189; 16 U.S.C. 410ff note) is amended
by striking ‘‘section 301’’ and inserting ‘‘subsection (a)’’.
SEC. 1120. NATIONAL PARK SERVICE ADMINISTRATIVE RE-
FORM.
(a) TECHNICAL CORRECTIONS.—Section 814 of divi-
sion I of the Omnibus Parks Act (110 Stat. 4190) is
amended as follows:
(1) In subsection (a) (16 U.S.C. 17o note)—
(A) in paragraph (6), by striking ‘‘this
Act’’ and inserting ‘‘this section’’;
(B) in paragraph (7)(B), by striking
‘‘COMPTETITIVE
LEASING.—’’ and inserting
‘‘COMPETITIVE LEASING.—’’;
(C) in paragraph (9), by striking ‘‘granted
by statue’’ and inserting ‘‘granted by statute’’;
(D) in paragraph (11)(B)(ii), by striking
‘‘more cost effective’’ and inserting ‘‘more cost-
effective’’;
(E) in paragraph (13), by striking ‘‘para-
graph (13),’’ and inserting ‘‘paragraph (12),’’;
and
(F) in paragraph (18), by striking ‘‘under
paragraph (7)(A)(i)(I), any lease under para-
graph (11)(B), and any lease of seasonal quar-
363
ters under subsection (l),’’ and inserting ‘‘under
paragraph (7)(A) and any lease under para-
graph (11)’’.
(2) In subsection (d)(2)(E), by striking ‘‘is
amended’’.
(b) CHANGE TO PLURAL.—Section 7(c)(2) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–9(c)(2)), as added by section 814(b) of the
Omnibus Parks Act (110 Stat. 4194), is amended as fol-
lows:
(1) In subparagraph (C), by striking ‘‘lands,
water, and interest therein’’ and inserting ‘‘lands,
waters, and interests therein’’.
(2) In subparagraph (F), by striking ‘‘lands,
water, or interests therein, or a portion of whose
lands, water, or interests therein,’’ and inserting
‘‘lands, waters, or interests therein, or a portion of
whose lands, waters, or interests therein,’’.
SEC. 1121. BLACKSTONE RIVER VALLEY NATIONAL HERIT-
AGE CORRIDOR.
Section 6(d)(2) of the Act entitled ‘‘An Act to estab-
lish the Blackstone River Valley National Heritage Cor-
ridor in Massachusetts and Rhode Island’’, approved No-
vember 10, 1986 (Public Law 99–647; 16 U.S.C. 461
note), as added by section 901(c) of division I of the Om-
364
nibus Parks Act (110 Stat. 4202), is amended by striking
‘‘may be made in the approval plan’’ and inserting ‘‘may
be made in the approved plan’’.
SEC. 1122. TALLGRASS PRAIRIE NATIONAL PRESERVE.
Subtitle A of title X of division I of the Omnibus
Parks Act is amended as follows:
(1) In section 1002(a)(4)(A) (110 Stat. 4204;
16 U.S.C. 689u(a)(4)(A)), by striking ‘‘to purchase’’
and inserting ‘‘to acquire’’.
(2) In section 1004(b) (110 Stat. 4205; 16
U.S.C. 689u–2(b)), by striking ‘‘of June 3, 1994,’’
and inserting ‘‘on June 3, 1994,’’.
(3) In section 1005 (110 Stat. 4205; 16 U.S.C.
689u–3)—
(A) in subsection (d)(1), by striking ‘‘this
Act’’ and inserting ‘‘this subtitle’’; and
(B) in subsection (g)(3)(A), by striking
‘‘the tall grass prairie’’ and inserting ‘‘the
tallgrass prairie’’.
SEC. 1123. RECREATION LAKES.
(a) TECHNICAL CORRECTIONS.—Section 1021(a) of
division I of the Omnibus Parks Act (110 Stat. 4210; 16
U.S.C. 460l–10e note) is amended as follows:
(1) By striking ‘‘manmade lakes’’ both places it
appears and inserting ‘‘man-made lakes’’.
365
(2) By striking ‘‘for recreational opportunities
at federally-managed’’ and inserting ‘‘for rec-
reational opportunities at federally managed’’.
(b) ADVISORY COMMISSION.—Section 13 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–10e), as added by section 1021(b) of the Omnibus
Parks Act (110 Stat. 4210), is amended as follows:
(1) In subsection (b)(6), by striking ‘‘recreation
related infrastructure.’’ and inserting ‘‘recreation-re-
lated infrastructure.’’.
(2) In subsection (e)—
(A) by striking ‘‘water related recreation’’
in the first sentence and inserting ‘‘water-relat-
ed recreation’’;
(B) in paragraph (2), by striking ‘‘at fed-
erally-managed lakes’’ and inserting ‘‘at feder-
ally managed lakes’’; and
(C) by striking ‘‘manmade lakes’’ each
place it appears and inserting ‘‘man-made
lakes’’.
SEC. 1124. FOSSIL FOREST PROTECTION.
Section 103 of the San Juan Basin Wilderness Pro-
tection Act of 1984 (43 U.S.C. 178), as amended by sec-
tion 1022(e) of the Omnibus Parks Act (110 Stat. 4213),
is amended as follows:
366
(1) In subsections (b)(1) and (e)(1), by striking
‘‘Committee on Natural Resources’’ and inserting
‘‘Committee on Resources’’.
(2) In subsection (e)(1), by striking ‘‘this Act’’
and inserting ‘‘this subsection’’.
SEC. 1125. OPAL CREEK WILDERNESS AND SCENIC RECRE-
ATION AREA.
Section 1023(c)(1)(A) of division I of the Omnibus
Parks Act (110 Stat. 4215; 16 U.S.C. 545b(c)(1)(A)) is
amended by striking ‘‘of 1964’’.
SEC. 1126. BOSTON HARBOR ISLANDS NATIONAL RECRE-
ATION AREA.
Section 1029 of division I of the Omnibus Parks Act
(110 Stat. 4232; 16 U.S.C. 460kkk) is amended as fol-
lows:
(1) In the section heading, by striking
‘‘RECREATION AREA’’ and inserting ‘‘NATIONAL
RECREATION AREA’’.
(2) In subsection (e)(3)(B), by striking ‘‘sub-
sections (b) (3), (4), (5), (6), (7), (8), (9), and
(10).’’ and inserting ‘‘subparagraphs (C), (D), (E),
(F), (G), (H), (I), and (J) of paragraph (2).’’.
(3) In subsection (f)(2)(A)(i), by striking ‘‘prof-
it sector roles’’ and inserting ‘‘private-sector roles’’.
367
(4) In subsection (g)(1), by striking ‘‘and reve-
nue raising activities.’’ and inserting ‘‘and revenue-
raising activities.’’.
SEC. 1127. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3(b)(1) of Public Law 100–479 (16 U.S.C.
410oo–2(b)(1)), as added by section 1030 of the Omnibus
Parks Act (110 Stat. 4238), is amended by striking ‘‘and
visitors’ center’’ and inserting ‘‘and visitor center’’.
SEC. 1128. REGULATION OF FISHING IN CERTAIN WATERS
OF ALASKA.
Section 1035 of division I of the Omnibus Parks Act
(110 Stat. 2240) is amended as follows:
(1) In the section heading, by striking ‘‘REGU-
LATIONS’’ and inserting ‘‘REGULATION’’.
(2) In subsection (c), by striking ‘‘this Act’’ and
inserting ‘‘this section’’.
SEC. 1129. NATIONAL COAL HERITAGE AREA.
Title I of division II of the Omnibus Parks Act (16
U.S.C. 461 note) is amended as follows:
(1) In section 104(4) (110 Stat. 4244), by
striking ‘‘history preservation’’ and inserting ‘‘his-
toric preservation’’.
(2) In section 105 (110 Stat. 4244), by striking
‘‘paragraphs (2) and (5) of section 104’’ and insert-
ing ‘‘paragraph (2) of section 104’’.
368
(3) In section 106(a)(3) (110 Stat. 4244), by
striking ‘‘or Secretary’’ and inserting ‘‘or the Sec-
retary’’.
SEC. 1130. TENNESSEE CIVIL WAR HERITAGE AREA.
Title II of division II of the Omnibus Parks Act (16
U.S.C. 461 note) is amended as follows:
(1) In section 201(b)(4) (110 Stat. 4245), by
striking ‘‘and associated sites associated’’ and insert
‘‘and sites associated’’.
(2) In section 207(a) (110 Stat. 4248), by
striking ‘‘as provide for’’ and inserting ‘‘as provided
for’’.
SEC. 1131. AUGUSTA CANAL NATIONAL HERITAGE AREA.
Section 301(1) of division II of the Omnibus Parks
Act (110 Stat. 4249; 16 U.S.C. 461 note) is amended by
striking ‘‘National Historic Register of Historic Places,’’
and inserting ‘‘National Register of Historic Places,’’.
SEC. 1132. ESSEX NATIONAL HERITAGE AREA.
Section 501(8) of division II of the Omnibus Parks
Act (110 Stat. 4257; 16 U.S.C. 461 note) is amended by
striking ‘‘a visitors’ center’’ and inserting ‘‘a visitor cen-
ter’’.
369
SEC. 1133. OHIO & ERIE CANAL NATIONAL HERITAGE COR-
RIDOR.
Title VIII of division II of the Omnibus Parks Act
(16 U.S.C. 461 note) is amended as follows:
(1) In section 805(b)(2) (110 Stat. 4269), by
striking ‘‘One individuals,’’ and inserting ‘‘One indi-
vidual,’’.
(2) In section 808(a)(3)(A) (110 Stat. 4279),
by striking ‘‘from the Committee.’’ and inserting
‘‘from the Committee,’’.
Subtitle B—Other Amendments to
Omnibus Parks Act
SEC. 1151. BLACK REVOLUTIONARY WAR PATRIOTS MEMO-
RIAL EXTENSION.
Section 506 of division I of the Omnibus Parks Act
(40 U.S.C. 1003 note; 110 Stat. 4155) is amended by
striking ‘‘October 27, 1998’’ and inserting ‘‘October 27,
2003’’.
370
TITLE XII—DUTCH JOHN FED-
ERAL 
PROPERTY 
DISPOSI-
TION AND ASSISTANCE
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Dutch John Federal
Property Disposition and Assistance Act of 1998’’.
SEC. 1202. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1)(A) Dutch John, Utah, was founded by the
Secretary of the Interior in 1958 on Bureau of Rec-
lamation land as a community to house personnel,
administrative offices, and equipment for project
construction and operation of the Flaming Gorge
Dam and Reservoir as authorized by the Act of
April 11, 1956 (70 Stat. 105, chapter 203; 43
U.S.C. 620 et seq.); and
(B) permanent structures (including houses, ad-
ministrative offices, equipment storage and mainte-
nance buildings, and other public buildings and fa-
cilities) were constructed and continue to be owned
and maintained by the Secretary of the Interior;
(2)(A) Bureau of Reclamation land surrounding
the Flaming Gorge Reservoir (including the Dutch
John community) was included within the bound-
aries of the Flaming Gorge National Recreation
371
Area in 1968 under Public Law 90–540 (16 U.S.C.
460v et seq.);
(B) Public Law 90–540 assigned responsibility
for administration, protection, and development of
the Flaming Gorge National Recreation Area to the
Secretary of Agriculture and provided that lands and
waters needed or used for the Colorado River Stor-
age Project would continue to be administered by
the Secretary of the Interior; and
(C) most structures within the Dutch John
community (including the schools and public build-
ings within the community) occupy lands adminis-
tered by the Secretary of Agriculture;
(3)(A) the Secretary of Agriculture and the
Secretary of the Interior are unnecessarily burdened
with the cost of continuing to provide basic services
and facilities and building maintenance and with the
administrative costs of operating the Dutch John
community; and
(B) certain structures and lands are no longer
essential to management of the Colorado River Stor-
age Project or to management of the Flaming Gorge
National Recreation Area;
(4)(A) residents of the community are inter-
ested in purchasing the homes they currently rent
372
from the Secretary of the Interior and the land on
which the homes are located;
(B) Daggett County, Utah, is interested in re-
ducing the financial burden the County experiences
in providing local government support services to a
community that produces little direct tax revenue be-
cause of Federal ownership; and
(C) a withdrawal of the role of the Federal Gov-
ernment in providing basic direct community serv-
ices to Dutch John would require local government
to provide the services at a substantial cost;
(5)(A) residents of the Dutch John community
are interested in self-government of the community;
and
(B) with growing demands for additional com-
mercial recreation services for visitors to the Flam-
ing Gorge National Recreation Area and Ashley Na-
tional Forest, there are opportunities for private eco-
nomic development, but few private lands are avail-
able for the services; and
(6) the privatization and disposal to local gov-
ernment of certain lands in and surrounding Dutch
John would be in the public interest.
(b) PURPOSES.—The purposes of this title are—
373
(1) to privatize certain lands in and surround-
ing Dutch John, Utah;
(2) to transfer jurisdiction of certain Federal
property between the Secretary of Agriculture and
the Secretary of the Interior;
(3) to improve the Flaming Gorge National
Recreation Area;
(4) to dispose of certain residential units, public
buildings, and facilities;
(5) to provide interim financial assistance to
local government to defray the cost of providing
basic governmental services;
(6) to achieve efficiencies in operation of the
Flaming Gorge Dam and Reservoir and the Flaming
Gorge National Recreation Area;
(7) to reduce long-term Federal outlays; and
(8) to serve the interests of the residents of
Dutch John and Daggett County, Utah, and the
general public.
SEC. 1203. DEFINITIONS.
In this title:
(1) SECRETARY OF AGRICULTURE.—The term
‘‘Secretary of Agriculture’’ means the Secretary of
Agriculture, acting through the Chief of the Forest
Service.
374
(2) SECRETARY OF THE INTERIOR.—The term
‘‘Secretary of the Interior’’ means the Secretary of
the Interior, acting through the Commissioner of the
Bureau of Reclamation.
SEC. 1204. DISPOSITION OF CERTAIN LANDS AND PROP-
ERTIES.
(a) IN GENERAL.—Lands, structures, and commu-
nity infrastructure facilities within or associated with
Dutch John, Utah, that have been identified by the Sec-
retary of Agriculture or the Secretary of the Interior as
unnecessary for support of the agency of the respective
Secretary shall be transferred or disposed of in accordance
with this title.
(b) LAND DESCRIPTION.—Except as provided in sub-
section (e), the Secretary of Agriculture and the Secretary
of the Interior shall dispose of (in accordance with this
title) approximately 2,450 acres within or associated with
the Dutch John, Utah, community in the NW1⁄4 NW1⁄4,
S1⁄2 NW1⁄4, and S1⁄2 of Section 1, the S1⁄2 of Section 2,
10 acres more or less within the NE1⁄4 SW1⁄4 of Section
3, Sections 11 and 12, the N1⁄2 of Section 13, and the
E1⁄2 NE1⁄4 of Section 14 of Township 2 North, Range 22
East, Salt Lake Base and Meridian, that have been deter-
mined to be available for transfer by the Secretary of Agri-
culture and the Secretary of the Interior, respectively.
375
(c) INFRASTRUCTURE FACILITIES AND LAND.—Ex-
cept as provided in subsection (e), the Secretary of the
Interior shall dispose of (in accordance with this title)
community infrastructure facilities and land that have
been determined to be available for transfer by the Sec-
retary of the Interior, including the following:
(1) The fire station, sewer systems, sewage la-
goons, water systems (except as provided in sub-
section (e)(3)), old post office, electrical and natural
gas distribution systems, hospital building, streets,
street lighting, alleys, sidewalks, parks, and commu-
nity buildings located within or serving Dutch John,
including fixtures, equipment, land, easements,
rights-of-way, or other property primarily used for
the operation, maintenance, replacement, or repair
of a facility referred to in this paragraph.
(2) The Dutch John Airport, comprising ap-
proximately 25 acres, including runways, roads,
rights-of-way, and appurtenances to the Airport,
subject to such monitoring and remedial action by
the United States as is necessary.
(3) The lands on which are located the Dutch
John public schools, which comprise approximately
10 acres.
376
(d) OTHER PROPERTIES AND FACILITIES.—The Sec-
retary of Agriculture and the Secretary of the Interior
shall dispose of (in accordance with this title) the other
properties and facilities that have been determined to be
available for transfer or disposal by the Secretary of Agri-
culture and the Secretary of the Interior, respectively, in-
cluding the following:
(1) Certain residential units occupied on the
date of enactment of this Act, as determined by the
Secretary of the Interior.
(2) Certain residential units unoccupied on the
date of enactment of this Act, as determined by the
Secretary of the Interior.
(3) Lots within the Dutch John community
that are occupied on the date of enactment of this
Act by privately owned modular homes under lease
agreements with the Secretary of the Interior.
(4) Unoccupied platted lots within the Dutch
John community.
(5) The land, comprising approximately 3.8
acres, on which is located the Church of Jesus
Christ of Latter Day Saints, within Block 9, of the
Dutch John community.
377
(6) The lands for which special use permits,
easements, or rights-of-way for commercial uses
have been issued by the Forest Service.
(7) The lands on which are located the offices,
3 employee residences, warehouses, and facilities of
the Utah Division of Wildlife Resources, as de-
scribed in the survey required under section 1207,
including yards and land defined by fences in exist-
ence on the date of enactment of this Act.
(8) The Dutch John landfill site, subject to
such monitoring and remedial action by the United
States as is necessary, with responsibility for mon-
itoring and remediation being shared by the Sec-
retary of Agriculture and the Secretary of the Inte-
rior proportionate to their historical use of the site.
(9) Such fixtures and furnishing in existence
and in place on the date of enactment of this Act
as are mutually determined by Daggett County, the
Secretary of Agriculture, and the Secretary of the
Interior to be necessary for the full use of properties
or facilities disposed of under this title.
(10) Such other properties or facilities at Dutch
John that the Secretary of Agriculture or the Sec-
retary of the Interior determines are not necessary
to achieve the mission of the respective Secretary
378
and the disposal of which would be consistent with
this title.
(e) RETAINED PROPERTIES.—Except to the extent
the following properties are determined by the Secretary
of Agriculture or the Secretary of the Interior to be avail-
able for disposal, the Secretary of Agriculture and the Sec-
retary of the Interior shall retain for their respective use
the following:
(1) All buildings and improvements located
within the industrial complex of the Bureau of Rec-
lamation, including the maintenance shop, 40 indus-
trial garages, 2 warehouses, the equipment storage
building, the flammable equipment storage building,
the hazardous waste storage facility, and the prop-
erty on which the buildings and improvements are
located.
(2) 17 residences under the jurisdiction of the
Secretary of the Interior and the Secretary of Agri-
culture, of which—
(A) 15 residences shall remain under the
jurisdiction of the Secretary of the Interior; and
(B) 2 residences shall remain under the ju-
risdiction of the Secretary of Agriculture.
(3) The Dutch John water system raw water
supply line and return line between the power plant
379
and the water treatment plant, pumps and pumping
equipment, and any appurtenances and rights-of-way
to the line and other facilities, with the retained fa-
cilities to be operated and maintained by the United
States with pumping costs and operation and main-
tenance costs of the pumps to be included as a cost
to Daggett County in a water service contract.
(4) The heliport and associated real estate, con-
sisting of approximately 20 acres, which shall re-
main under the jurisdiction of the Secretary of Agri-
culture.
(5) The Forest Service warehouse complex and
associated real estate, consisting of approximately 2
acres, which shall remain under the jurisdiction of
the Secretary of Agriculture.
(6) The Forest Service office complex and asso-
ciated real estate, which shall remain under the ju-
risdiction of the Secretary of Agriculture.
(7) The United States Post Office, pursuant to
Forest Service Special Use Permit No. 1073, which
shall be transferred to the jurisdiction of the United
States Postal Service pursuant to section 1206(d).
SEC. 1205. REVOCATION OF WITHDRAWALS.
In the case of lands and properties transferred under
section 1204, effective on the date of transfer to the Sec-