CONSTRUCTION OF VISITOR CENTER
SEC. 413. The Secretary is authorized to construct a
visitor center in the park for the purpose of providing infor-
mation through appropriate displays, printed material,
and other interpretive programs, about the resources of the
park.
ACQUISITION OF LANDS
SEC. 414. The Secretary is authorized to acquire all
lands and interest in lands within the boundary of the park
by donation, purchase, or exchange, except that—
(1) any lands or interests therein within the
boundary of the park which are owned by the State
of California, or any political subdivision thereof,
may be acquired only by donation or exchange except
for lands managed by the California State Lands
Commission; and
(2) lands or interests therein within the bound-
ary of the park which are not owned by the State of
California or any political subdivision thereof may be
acquired only with the consent of the owner thereof
unless the Secretary determines, after written notice
to the owner and after opportunity for comment, that
the property is being developed, or proposed to be de-
veloped, in a manner which is detrimental to the in-
tegrity of the park or which is otherwise incompatible
with the purposes of this title.
ACQUIRED LANDS BE MADE PART OF MOJAVE NATIONAL
PARK
SEC. 415. Any lands acquired by the Secretary under
this title shall become part of the Mojave National Park.
TITLE V—NATIONAL PARK WILDERNESS
DESIGNATION OF WILDERNESS
SEC. 501. The following lands are hereby designated
as wilderness in accordance with the Wilderness Act (78
Stat. 890; 16 U.S.C. 1131 et seq.) and shall be administered
by the Secretary of the Interior in accordance with the ap-
plicable provisions of the Wilderness Act:
(1) Death Valley National Park Wilderness, com-
prising approximately three million one hundred sev-
enty-nine thousand four hundred and eighteen acres,
as generally depicted on 23 maps entitled ‘‘Death Val-
ley National Park Boundary and Wilderness’’, num-
bered in the title one through twenty-three, and dated
May 1994 or prior, and three maps entitled ‘‘Death
Valley National Park Wilderness’’, numbered in the
title one through three, and dated May 1994 or prior,
and which shall be known as the Death Valley Wilder-
ness.
(2) Joshua Tree National Park Wilderness Addi-
tions, comprising approximately one hundred thirty-
one thousand seven hundred and eighty acres, as gen-
erally depicted on four maps entitled ‘‘Joshua Tree
National Park Boundary and Wilderness—Proposed’’,
numbered in the title one through four, and dated Oc-
tober 1991 or prior, and which are hereby incor-
porated in, and which shall be deemed to be a part
of the Joshua Tree Wilderness as designated by Public
Law 94–567.
(3) Mojave National Park Wilderness, compris-
ing approximately six hundred ninety-four thousand
acres, as generally depicted on ten maps entitled ‘‘Mo-
jave National Park Boundary and Wilderness—Pro-
posed’’, numbered in the title one through ten, and
dated May 1994 or prior, and seven maps entitled
‘‘Mojave National Park Wilderness—Proposed’’, num-
bered in the title one through seven, and dated May
1994 or prior, and which shall be known as the Mo-
jave Wilderness.
(4) Upon cessation of all uses prohibited by the
Wilderness Act and publication by the Secretary in
the Federal Register of notice of such cessation, poten-
tial wilderness, comprising approximately six thou-
sand eight hundred and forty acres, as described in
‘‘1988 Death Valley National Monument Draft Gen-
eral Management Plan Draft Environmental Impact
Statement’’ (hereafter in this title referred to as
‘‘Draft Plan’’) and as generally depicted on a map in
the Draft Plan entitled ‘‘Wilderness Plan Death Val-
ley National Monument’’, dated January 1988, shall
be deemed to be a part of the Death Valley Wilderness
as designated in paragraph (1). Lands identified in
the Draft Plan as potential wilderness shall be man-
aged by the Secretary insofar as practicable as wil-
derness until such time as said lands are designated
as wilderness.
FILING OF MAPS AND DESCRIPTIONS
SEC. 502. Maps and a legal description of the bound-
aries of the areas designated in section 501 of this title shall
be on file and available for public inspection in the Office
of the Director of the National Park Service, Department
of the Interior, and in the Office of the Superintendent of
each area designated in section 501. As soon as practicable
after this title takes effect, maps of the wilderness areas and
legal descriptions of their boundaries shall be filed with the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, and such maps and descriptions shall have
the same force and effect as if included in this title, except
that the Secretary may correct clerical and typographical
errors in such maps and descriptions.
ADMINISTRATION OF WILDERNESS AREAS
SEC. 503. The areas designated by section 501 of this
title as wilderness shall be administered by the Secretary
in accordance with the applicable provisions of the Wilder-
ness Act governing areas designated by that title as wilder-
ness, except that any reference in such provision to the effec-
tive date of the Wilderness Act shall be deemed to be a ref-
erence to the effective date of this title, and where appro-
priate, and reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary of the Interior.
TITLE VI—MISCELLANEOUS PROVISIONS
TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK
SEC. 601. Upon enactment of this title, the Secretary
of the Interior shall transfer to the State of California cer-
tain lands within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately twenty thousand five hundred acres, as gen-
erally depicted on two maps entitled ‘‘Red Rock Canyon
State Park Additions 1’’ and ‘‘Red Rock Canyon State
Park Additions 2’’, dated May 1991, for inclusion in the
State of California Park System. Should the State of Cali-
fornia cease to manage these lands as part of the State Park
System, ownership of the lands shall revert to the Depart-
ment of the Interior to be managed as part of the California
Desert Conservation Area to provide maximum protection
for the area’s scenic and scientific values.
DESERT LILY SANCTUARY
SEC. 602. (a) There is hereby established the Desert
Lily Sanctuary within the California Desert Conservation
Area, California, of the Bureau of Land Management, com-
prising approximately two thousand forty acres, as gen-
erally depicted on a map entitled ‘‘Desert Lily Sanctuary’’,
dated February 1986. The Secretary of the Interior shall
administer the area to provide maximum protection to the
desert lily.
(b) Subject to valid existing rights, Federal lands with-
in the sanctuary, and interests therein, are withdrawn from
disposition under the public land laws and from entry or
appropriation under the mining laws of the United States,
from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal Steam Act
of 1970.
LAND TENURE ADJUSTMENTS
SEC. 603. In preparing land tenure adjustment deci-
sions within the California Desert Conservation Area, of the
Bureau of Land Management, the Secretary shall give pri-
ority to consolidating Federal ownership within the na-
tional park units and wilderness areas designated by this
Act.
DISPOSAL PROHIBITION
SEC. 604. Notwithstanding any other provision of law,
the Secretary of the Interior and the Secretary of Agri-
culture may not dispose of any lands within the boundaries
of the wilderness or parks designated under this Act or
grant a right-of-way in any lands within the boundaries
of the wilderness designated under this Act. Further, none
of the lands within the boundaries of the wilderness or parks
designated under this Act shall be granted to or otherwise
made available for use by the Metropolitan Water District
and any other agencies or persons pursuant to the Boulder
Canyon Project Act (43 U.S.C. 617–619b) or any similar
acts.
MANAGEMENT OF NEWLY ACQUIRED LANDS
SEC. 605. Any lands within the boundaries of a wil-
derness area designated under this Act which are acquired
by the Federal Government shall become part of the wilder-
ness area within which they are located and shall be man-
aged in accordance with all the provisions of this Act and
other laws applicable to such wilderness area.
NATIVE AMERICAN USES
SEC. 606. In recognition of the past use of the parks
and wilderness areas designed under this Act by Indian
people for traditional cultural and religious purposes, the
Secretary shall ensure access to such parks and wilderness
areas by Indian people for such traditional cultural and
religious purposes. In implementing this section, the Sec-
retary, upon the request of an Indian tribe or Indian reli-
gious community, shall temporarily close to the general
public use of one or more specific portions of park or wilder-
ness areas in order to protect the privacy of traditional cul-
tural and religious activities in such areas by Indian peo-
ple. Such access shall be consistent with the purpose and
intent of Public Law 95–341 (42 U.S.C. 1996) commonly
referred to as the ‘‘American Indian Religious Freedom
Act’’, and with respect to areas designated as wilderness,
the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).
WATER RIGHTS
SEC. 607. (a) With respect to each wilderness area des-
ignated by this Act, Congress hereby reserves a quantity of
water sufficient to fulfill the purposes of this Act. The
priority date of such reserved water rights shall be the date
of enactment of this Act.
(b) The Secretary of the Interior and all other officers
of the United States shall take all steps necessary to protect
the rights reserved by this section, including the filing by
the Secretary of a claim for the quantification of such rights
in any present or future appropriate stream adjudication
in the courts of the State of California in which the United
States is or may be joined and which is conducted in ac-
cordance with section 208 of the Act of July 10, 1952 (66
Stat. 560, 43 U.S.C. 666; commonly referred to as the
McCarran Amendment).
(c) Nothing in this Act shall be construed as a relin-
quishment or reduction of any water rights reserved or ap-
propriated by the United States in the State of California
on or before the date of enactment of this Act.
(d) The Federal water rights reserved by this Act are
specific to the wilderness areas located in the State of Cali-
fornia designated under this Act. Nothing in this Act relat-
ed to the reserved Federal water rights shall be construed
as establishing a precedent with regard to any future des-
ignations, nor shall it constitute an interpretation of any
other Act or any designation made thereto.
STATE SCHOOL LANDS
SEC. 608. (a) Upon request of the California State
Lands Commission (hereinafter in this section referred to
as the ‘‘Commission’’), the Secretary shall enter into nego-
tiations for an agreement to exchange Federal lands or in-
terests therein on the list referred to in subsection (b)(2)
for California State School Lands (hereinafter in this sec-
tion referred to as ‘‘State School Lands’’) or interests there-
in which are located within the boundaries of one or more
of the wilderness areas or park units designated by this Act.
The Secretary shall negotiate in good faith to reach a land
exchange agreement consistent with the requirements of sec-
tion 206 of the Federal Land Policy and Management Act
of 1976.
(b) Within six months after the date of enactment of
this Act, the Secretary shall send to the Commission and
to the Committees a list of the following:
(1) The State School Lands or interests therein
(including mineral interests) which are located within
the boundaries of the wilderness areas or park units
designated by this Act.
(2) Lands under the Secretary’s jurisdiction to
be offered for exchange, including in the following pri-
ority:
(A) Lands with mineral interests, including
geothermal, which have the potential for commer-
cial development but which are not currently
under mineral lease or producing Federal min-
eral revenues.
(B) Federal lands in California managed
by the Bureau of Reclamation that the Secretary
determines are not needed for any Bureau of
Reclamation project.
(C) Any public lands in California that the
Secretary, pursuant to the Federal Land Policy
and Management Act of 1976, has determined to
be suitable for disposal through exchange.
(c)(1) If an agreement under this section is for an ex-
change involving five thousand acres or less of Federal land
or interests therein, or Federal lands valued at less than
$5,000,000, the Secretary may carry out the exchange in
accordance with the Federal Land Policy and Management
Act of 1976.
(2) If an agreement under this section is for an ex-
change involving more than five thousand acres of Federal
land or interests therein, or Federal land valued at more
than $5,000,000, the agreement shall be submitted to the
Committees, together with a report containing—
(A) a complete list and appraisal of the lands or
interests in lands proposed for exchange; and
(B) a determination that the State School Lands
proposed to be acquired by the United States do not
contain any hazardous waste, toxic waste, or radio-
active waste.
(d) An agreement submitted under subsection (c)(2)
shall not take effect unless approved by a joint resolution
enacted by the Congress.
(e) If exchanges of all of the State School Lands are
not completed by October 1, 2004, the Secretary shall adjust
the appraised value of any remaining inholdings consistent
with the provisions of section 206 of the Federal Land Man-
agement Policy Act of 1976. The Secretary shall establish
an account in the name of the Commission in the amount
of such appraised value. Title to the State School Lands
shall be transferred to the United States at the time such
account is credited.
(f) The Commission may use the credit in its account
to bid, as any other bidder, for excess or surplus Federal
property to be sold in the State of California in accordance
with the applicable laws and regulations of the Federal
agency offering such property for sale. The account shall
be adjusted to reflect successful bids under this section or
payments or forfeited deposits, penalties, or other costs as-
sessed to the bidder in the course of such sales. In the event
that the balance in the account has not been reduced to zero
by October 1, 2009, there are authorized to be appropriated
to the Secretary for payment to the California State Lands
Commission funds equivalent to the balance remaining in
the account as of October 1, 2009.
(g) As used in this section, the term ‘‘Committees’’
means the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natu-
ral Resources of the Senate.
EXCHANGES
SEC. 609. (a) Upon request of the Catellus Develop-
ment Corporation, its subsidiaries or successors in interest
(hereafter in this section referred to as ‘‘Catellus’’), the Sec-
retary shall enter into negotiations for an agreement or
agreements to exchange Federal lands or interests therein
on the list referred to in subsection (b)(2) of this section
for lands of Catellus or interests therein which are located
within the boundaries of one or more of the wilderness areas
or park units designated by this Act.
(b) Within six months after the date of enactment of
this Act, the Secretary shall send to Catellus and to the
Committees a list of the following:
(1) Lands of Catellus or interests therein (in-
cluding mineral interests) which are located within
the boundaries of the wilderness areas or park units
designated by this Act.
(2) Lands under the Secretary’s jurisdiction to
be offered for exchange, in the following priority:
(A) Lands, including lands with mineral
and geothermal interests, which have the poten-
tial for commercial development but which are
not currently under lease or producing Federal
revenues.
(B) Federal lands managed by the Bureau
of Reclamation that the Secretary determines are
not needed for any Bureau of Reclamation
project.
(C) Any public lands that the Secretary,
pursuant to the Federal Land Policy and Man-
agement Act of 1976, has determined to be suit-
able for disposal through exchange.
(c)(1) If an agreement under this section is for (A)
an exchange involving lands outside the State of California,
(B) more than 5,000 acres of Federal land or interests there-
in in California, or (C) Federal lands in any State valued
at more than $5,000,000, the Secretary shall provide to the
Committees a detailed report of each such land exchange
agreement.
(2) All land exchange agreements shall be consistent
with the Federal Land Policy and Management Act of 1976.
(3) Any report submitted to the Committees under this
subsection shall include the following:
(A) A complete list and appraisal of the lands
or interests in land proposed for exchange.
(B) A complete list of the lands, if any, to be ac-
quired by the United States which contain any haz-
ardous waste, toxic waste, or radioactive waste which
requires removal or remedial action under Federal or
State law, together with the estimated costs of any
such action.
(4) An agreement under this subsection shall not take
effect unless approved by a joint resolution enacted by the
Congress.
(d) The Secretary shall provide the California State
Lands Commission with a one hundred eighty-day right of
first refusal to exchange for any Federal lands or interests
therein, located in the State of California, on the list re-
ferred to in subsection (b)(2). Any lands with respect to
which a right of first refusal is not noticed within such pe-
riod or exercised under this subsection shall be available
to Catellus for exchange in accordance with this section.
(e) On January 3, 1999, the Secretary shall provide
to the Committees a list and appraisal consistent with the
Federal Land Policy and Management Act of 1976 of all
Catellus lands eligible for exchange under this section for
which an exchange has not been completed. With respect to
any of such lands for which an exchange has not been com-
pleted by October 1, 2004 (hereafter in this section referred
to as ‘‘remaining lands’’), the Secretary shall establish an
account in the name of Catellus (hereafter in this section
referred to as the ‘‘exchange account’’). Upon the transfer
of title by Catellus to all or a portion of the remaining lands
to the United States, the Secretary shall credit the exchange
account in the amount of the appraised value of the trans-
ferred remaining lands at the time of such transfer.
(f) Catellus may use the credit in its account to bid,
as any other bidder, for excess or surplus Federal property
to be sold in the State of California in accordance with
the applicable laws and regulations of the Federal agency
offering such property for sale. The account shall be ad-
justed to reflect successful bids under this section or pay-
ments or forfeited deposits, penalties, or other costs assessed
to the bidder in the course of such sales. Upon approval
by the Secretary in writing, the credits in Catellus’s ex-
change account may be transferred or sold in whole or in
part by Catellus to any other party, thereby vesting such
party with all the rights formerly held by Catellus. The ex-
change account shall be adjusted to reflect successful bids
under this section or payments or forfeited deposits, pen-
alties, or other costs assessed to the bidder in the course of
such sales.
(g)(1) The Secretary shall not accept title pursuant to
this section to any lands unless such title includes all right,
title, and interest in and to the fee estate.
(2) Notwithstanding paragraph (1), the Secretary may
accept title to any subsurface estate where the United States
holds title to the surface estate.
(3) This subsection does not apply to easements and
rights-of-way for utilities or roads.
(h) In no event shall the Secretary accept title under
this section to lands which contain any hazardous waste,
toxic waste, or radioactive waste which requires removal or
remedial action under Federal or State law unless such re-
medial action has been completed prior to the transfer.
(i) For purposes of the section, any appraisal shall be
consistent with the provisions of section 206 of the Federal
Land Policy and Management Act of 1976.
(j) As used in this section, the term ‘‘Committees’’
means the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natu-
ral Resources of the Senate.
TITLE VII—DEFINITIONS AND AUTHORIZATION
OF APPROPRIATIONS
DEFINITIONS
SEC. 701. For the purposes of this Act:
(1) The term ‘‘Secretary’’, unless specifically des-
ignated otherwise, means the Secretary of the Interior.
(2) The term ‘‘public lands’’ means any land
and interest in land owned by the United States and
administered by the Secretary of the Interior through
the Bureau of Land Management.
AUTHORIZATION OF APPROPRIATIONS
SEC. 702. There are hereby authorized to be appro-
priated such sums as may be necessary to carry out the
purposes of this Act.
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