H. R. 4818—260
‘‘that provides that (except in a case in which the proceeds of
a lease are provided to the Foundation to carry out the purposes
for which the Foundation was established), if the land described
in paragraph (3) is sold, leased, or otherwise conveyed by the
Foundation—’’.
SEC. 135. AMENDMENT OF THE SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977. (a) Section 402(b) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended
by striking ‘‘September 30, 2004’’ and inserting ‘‘June 30, 2005’’.
(b) Section 125 of Public Law 108–309 is hereby repealed.
SEC. 136. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facili-
ties in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
SEC. 137. ERNEST F. HOLLINGS ACE BASIN NATIONAL WILDLIFE
REFUGE. (a) REDESIGNATION.—The ACE Basin National Wildlife
Refuge in the State of South Carolina shall be known and des-
ignated as the ‘‘Ernest F. Hollings ACE Basin National Wildlife
Refuge’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the refuge
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Ernest F. Hollings ACE Basin National Wildlife Refuge’’.
SEC. 138. FINANCIAL
ASSISTANCE; FLOOD
INSURANCE. The
limitations on Federal expenditures or financial assistance in sec-
tion 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) and
the limitations on flood insurance coverage in section 1321(a) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall
not apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivi-
sion on Edisto Island, South Carolina, depicted on the reference
map entitled ‘‘John H. Chafee Coastal Barrier Resources System
Edisto Complex M09/M09P’’ dated January 24, 2003.
SEC. 139. (a) There is hereby released, without consideration,
all right, title, and interest of the United States in and to the
surface portion of that portion of the existing building located
at 615 North Burnett Road in Tipton, California, which encroaches
upon land that, subject to a reversionary interest, was conveyed
by the United States pursuant to the Act of July 27, 1866 (14
Stat. 292). The United States retains any subsurface mineral rights
held by the United States as of the date of the enactment of
this Act associated with that property. The Secretary of the Interior
shall execute and file in the appropriate office a deed of release,
amended deed, or other appropriate instrument effectuating the
release of interests made by this subsection.
(b) Section 314 of the National Parks and Recreation Act of
1978 (Public Law 95–625; 92 Stat. 3480) is amended—
(1) in subsection (c)(2), by striking ‘‘Such rights of use
and occupancy shall be for not more than twenty-five years
H. R. 4818—261
or for a term ending at the death of the owner or his or
her spouse, whichever is later.’’; and
(2) in subsection (d)(2)(B), by inserting ‘‘and to their heirs,
successors, and assigns’’ after ‘‘those persons who were lessees
or permittees of record on the date of enactment of this Act’’.
(c)(1) The first section of Public Law 99–338 is amended by
striking ‘‘one renewal’’ and inserting ‘‘3 renewals’’.
(2) Section 3 of Public Law 99–338 is amended to read as
follows:
‘‘SEC. 3. The permit shall contain the following provisions:
‘‘(1) A prohibition on expansion of the Kaweah Project
in Sequoia National Park.
‘‘(2) A requirement that an independent safety assessment
of the Kaweah Project be conducted, and that any deficiencies
identified as a result of the assessment would be corrected.
‘‘(3) A requirement that the Secretary prepare and submit
to Congress an update of the July 1983 report on the impact
of the operations of the Kaweah No. 3 facility on Sequoia
National Park.
‘‘(4) A requirement that the permittee pay the park com-
pensation as determined by the Secretary in consultation with
the permittee.
‘‘(5) Any other reasonable terms and conditions that the
Secretary of the Interior deems necessary and proper for the
management and care of Sequoia National Park and the pur-
poses for which it was established.’’.
(3) Public Law 99–338 is further amended by adding at the
end the following new section:
‘‘SEC. 4. The proceeds from any fees imposed pursuant to a
permit issued under this Act shall be retained by Sequoia National
Park and Kings Canyon National Park and shall be available,
without further appropriation, for resources protection, mainte-
nance, and other park operational needs.’’.
SEC. 140. (a) SHORT TITLE.—This section may be cited as the
‘‘Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness
Act’’.
(b) DEFINITIONS.—In this section:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Apostle
Islands Lakeshore Wilderness’’, numbered 633/80,058 and dated
September 17, 2004.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) HIGH-WATER
MARK.—The term ‘‘high-water mark’’
means the point on the bank or shore up to which the water,
by its presence and action or flow, leaves a distinct mark
indicated by erosion, destruction of or change in vegetation
or other easily recognizable characteristic.
(c) DESIGNATION OF APOSTLE ISLANDS NATIONAL LAKESHORE
WILDERNESS.—
(1) DESIGNATION.—Certain lands comprising approximately
33,500 acres within the Apostle Islands National Lakeshore,
as generally depicted on the map referred to in subsection
(b), are hereby designated as wilderness in accordance with
section 3(c) of the Wilderness Act (16 U.S.C. 1132), and there-
fore as components of the National Wilderness Preservation
System.
(2) MAP AND DESCRIPTION.—