In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Vessel Interdiction 
Act of 2008''.

                     TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

    Congress finds and declares that operating or embarking in a 
submersible vessel or semi-submersible vessel without nationality and 
on an international voyage is a serious international problem, 
facilitates transnational crime, including drug trafficking, and 
terrorism, and presents a specific threat to the safety of maritime 
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible vessel or semi-submersible vessel 
              without nationality
    ``(a) Offense.--Whoever knowingly operates, or attempts or 
conspires to operate, by any means, or embarks in any submersible 
vessel or semi-submersible vessel that is without nationality and that 
is navigating or has navigated into, through, or from waters beyond the 
outer limit of the territorial sea of a single country or a lateral 
limit of that country's territorial sea with an adjacent country, with 
the intent to evade detection, shall be fined under this title, 
imprisoned not more than 15 years, or both.
    ``(b) Evidence of Intent To Evade Detection.--For purposes of 
subsection (a), the presence of any of the indicia described in 
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), 
of section 70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to evade 
detection.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section, including an 
attempt or conspiracy to commit such an offense.
    ``(d) Claim of Nationality or Registry.--A claim of nationality or 
registry under this section includes only--
            ``(1) possession on board the vessel and production of 
        documents evidencing the vessel's nationality as provided in 
        article 5 of the 1958 Convention on the High Seas;
            ``(2) flying its nation's ensign or flag; or
            ``(3) a verbal claim of nationality or registry by the 
        master or individual in charge of the vessel.
    ``(e) Affirmative Defenses.--
            ``(1) In general.--It is an affirmative defense to a 
        prosecution for a violation of subsection (a), which the 
        defendant has the burden to prove by a preponderance of the 
        evidence, that the submersible vessel or semi-submersible 
        vessel involved was, at the time of the offense--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The affirmative defenses 
        provided by this subsection are proved conclusively by the 
        production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for commerce, research, or 
                exploration.
    ``(f) Federal Activities Excepted.--Nothing in this section applies 
to lawfully authorized activities carried out by or at the direction of 
the United States Government.
    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 
of title 46 apply to offenses under this section in the same manner as 
they apply to offenses under section 70503 of such title.
    ``(h) Definitions.--In this section, the terms `submersible 
vessel', `semi-submersible vessel', `vessel of the United States', and 
`vessel without nationality' have the meaning given those terms in 
section 70502 of title 46.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2284 the following:

``2285. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines (including policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide adequate penalties 
for persons convicted of knowingly operating by any means or embarking 
in any submersible vessel or semi-submersible vessel in violation of 
section 2285 of title 18, United States Code.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offense described 
        in section 2285 of title 18, United States Code, and the need 
        for deterrence to prevent such offenses;
            (2) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a submersible vessel or semi-
                submersible vessel described in section 2285 of title 
                18, United States Code, to facilitate other felonies;
                    (B) the repeated use of a submersible vessel or 
                semi-submersible vessel described in section 2285 of 
                title 18, United States Code, to facilitate other 
                felonies, including whether such use is part of an 
                ongoing criminal organization or enterprise;
                    (C) whether the use of such a vessel involves a 
                pattern of continued and flagrant violations of section 
                2285 of title 18, United States Code;
                    (D) whether the persons operating or embarking in a 
                submersible vessel or semi-submersible vessel willfully 
                caused, attempted to cause, or permitted the 
                destruction or damage of such vessel or failed to heave 
                to when directed by law enforcement officers; and
                    (E) circumstances for which the sentencing 
                guidelines (and policy statements) provide sentencing 
                enhancements;
            (3) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines and policy statements, 
        and statutory provisions;
            (4) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (5) ensure that the sentencing guidelines and policy 
        statements adequately meet the purposes of sentencing set forth 
        in section 3553(a)(2) of title 18, United States Code.

                      TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) Finding and Declaration.--Section 70501 of title 46, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``that''; and
            (2) by striking ``States.'' and inserting ``States and (2) 
        operating or embarking in a submersible vessel or semi-
        submersible vessel without nationality and on an international 
        voyage is a serious international problem, facilitates 
        transnational crime, including drug trafficking, and terrorism, 
        and presents a specific threat to the safety of maritime 
        navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

    (a) In General.--Chapter 705 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70508. Operation of submersible vessel or semi-submersible 
              vessel without nationality
    ``(a) In General.--An individual may not operate by any means or 
embark in any submersible vessel or semi-submersible vessel that is 
without nationality and that is navigating or has navigated into, 
through, or from waters beyond the outer limit of the territorial sea 
of a single country or a lateral limit of that country's territorial 
sea with an adjacent country, with the intent to evade detection
    ``(b) Evidence of Intent To Evade Detection.--In any civil 
enforcement proceeding for a violation of subsection (a), the presence 
of any of the indicia described in paragraph (1)(A), (E), (F), or (G), 
or in paragraph (4), (5), or (6), of section 70507(b) may be 
considered, in the totality of the circumstances, to be prima facie 
evidence of intent to evade detection.
    ``(c) Defenses.--
            ``(1) In general.--It is a defense in any civil enforcement 
        proceeding for a violation of subsection (a) that the 
        submersible vessel or semi-submersible vessel involved was, at 
        the time of the violation--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The defenses provided by 
        this subsection are proved conclusively by the production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for research or 
                exploration.
    ``(d) Civil Penalty.--A person violating this section shall be 
liable to the United States for a civil penalty of not more than 
$1,000,000.''
    (b) Conforming Amendments.--
            (1) The chapter analysis for chapter 705 of title 46, 
        United States Code, is amended by inserting after the item 
        relating to section 70507 the following:

``70508. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.
            (2) Section 70504(b) of title 46, United States Code, is 
        amended by inserting ``or 70508'' after ``70503''.
            (3) Section 70505 of title 46, United States Code, is 
        amended by striking ``this title'' and inserting ``this title, 
        or against whom a civil enforcement proceeding is brought under 
        section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

    Section 70502 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(f) Semi-Submersible Vessel; Submersible Vessel.--In this 
chapter:
            ``(1) Semi-submersible vessel.--The term `semi-submersible 
        vessel' means any watercraft constructed or adapted to be 
        capable of operating with most of its hull and bulk under the 
        surface of the water, including both manned and unmanned 
        watercraft.
            ``(2) Submersible vessel.--The term `submersible vessel' 
        means a vessel that is capable of operating completely below 
        the surface of the water, including both manned and unmanned 
        watercraft.''.
Example Output: Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scientifically Identifying the Need 
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)(A)) is amended to read as follows:
            ``(A) may designate any habitat of a species that is 
        determined under paragraph (1) to be an endangered species or 
        threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) Use of Certain Data.--In any case in which the Secretary is 
required by this Act to use the best scientific and commercial data 
available, the Secretary, in evaluating comparable data, shall give 
greater weight to scientific or commercial data that is empirical or 
has been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Use of Sound Science in Listing.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(10) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.
    (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding 
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal 
Register with the notice of a proposed regulation pursuant to paragraph 
(5)(A)(i) a description of additional scientific and commercial data 
that would assist in the preparation of a recovery plan and--
            ``(i) invite any person to submit the data to the 
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take 
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall 
be considered by the recovery team and the Secretary in the preparation 
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the development of a recovery plan 
                        for a threatened species or endangered species 
                        under subsection (f); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a) or (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the referees selected 
        pursuant to this section shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the species in 
        question.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
                shall actively solicit and consider information from 
                the State agency in each affected State.''.
    (b) Opportunity to Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (a)) is further amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.
Example Output: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

Example Input: SECTION 1. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, band, nation, pueblo, or other organized group or 
        community, including any Alaska Native village or regional 
        corporation (as defined in or established pursuant to the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. TRANSFER OF BUREAU OF LAND MANAGEMENT LAND.

    (a) Required Offer.--
            (1) In general.--Subject to valid existing rights and 
        except as otherwise provided in this Act, the Secretary shall 
        offer to transfer all right, title, and interest of the United 
        States in and to all land and interests in land administered by 
        the Bureau of Land Management to the State in which the land 
        and interests are located.
            (2) Land and interests included.--The land and interests in 
        land referred to in paragraph (1) include--
                    (A) the fee simple interest, if the United States 
                owns both the surface and mineral rights;
                    (B) the mineral rights, if the surface estate is 
                owned by a non-Federal person, including a State or 
                political subdivision of a State; and
                    (C) water rights related to the land or interest in 
                land.
            (3) Exclusion of mineral interests underlying indian 
        reservations.--Paragraph (1) does not apply with respect to the 
        mineral interests underlying a surface estate held by the 
        United States in trust for an Indian tribe.
    (b) Offer Within 2 Years.--The offer required by subsection (a) to 
be made to a State shall be made to the Governor of the State not later 
than 2 years after the date of enactment of this Act.
    (c) Acceptance of Offer.--
            (1) All or nothing.--A State may accept an offer under 
        subsection (a) in its entirety but may not accept the offer in 
        part.
                    (B) reject the offer in its entirety.
            (2) Acceptance by the governor.--Acceptance by a State of 
        an offer under subsection (a) may be made only by the Governor 
        of the State, in writing, to the Secretary.
    (d) Effective Date of Transfer.--Any transfer of land under this 
Act shall be effective with respect to a State on the date that is 10 
years after the date on which the offer to the State is accepted.
    (e) Surveys.--The Secretary is not required to conduct a survey of 
any land prior to transferring the land under this Act.
    (f) Retention of Ownership by the State.--
            (1) Restrictive covenant.--
                    (A) In general.--An instrument by which land or an 
                interest in land is transferred under this Act shall 
                contain a restrictive covenant stating that the State 
                shall not convey any ownership interest in the land or 
                interest in land to any person (including a political 
                subdivision of the State) unless the Governor of the 
                State submits to the Secretary, at least 90 days before 
                the date of conveyance, a certification that--
                            (i) the land or interest in land will be 
                        conveyed in connection with a transaction or 
                        series of transactions in which there will be 
                        conveyed to the State land or an interest in 
                        land that is of at least equal value to the 
                        State; and
                            (ii) the ownership of that land or interest 
                        in land by the State will be subject to the 
                        same restrictive covenant.
                    (B) Breach.--Not later than 90 days after the date 
                on which the Secretary receives a certification under 
                paragraph (1), the Attorney General, at the request of 
                the Secretary, may bring an action in the United States 
                district court for the district in which the land is 
                located to enjoin a conveyance in breach of the 
                restrictive covenant.

SEC. 3. LEASES, PERMITS, AND UNPATENTED MINING CLAIMS.

    (a) Valid Leases and Permits.--A State to which land is transferred 
under this Act shall honor valid existing leases and permits on the 
land for the term of the lease or permit and shall manage the leases 
and permits in accordance with the other terms and conditions of the 
leases and permits.
    (b) Mining Claims.--
            (1) In general.--Except for mining claims for which the 
        holder is entitled to a patent as provided in paragraph (2), 
        after the date on which land subject to a mining claim is 
        transferred to a State under this Act, the validity and 
        continued existence of the mining claim shall be determined 
        under the law of the State to which the land was transferred 
        and shall be administered in accordance with the law of that 
        State.
            (2) Issuance of patent.--The holder of a mining claim is 
        entitled to the issuance of a patent in the case of a mining 
        claim on land transferred to a State under this Act in the same 
manner and degree to which the holder would have been entitled to prior 
to the date of the transfer if, as of the date of the transfer--
                    (A) a patent application was filed with the 
                Secretary; and
                    (B) the holder fully complied with--
                            (i) all requirements under sections 2325 
                        and 2326 of the Revised Statutes (30 U.S.C. 29 
                        and 30) for vein or lode claims;
                            (ii) all requirements under sections 2329, 
                        2330, 2331, and 2333 of the Revised Statutes 
                        (30 U.S.C. 35, 36, 37) for placer claims; and
                    (C) all requirements applicable to the patent 
                application for mill site claims.
    (c) Rights-of-Way.--A State to which land is transferred under this 
Act shall respect a right-of-way granted by the United States on the 
land in accordance with the terms and conditions of the right-of-way.

SEC. 4. MANAGEMENT OF LAND TRANSFERRED UNDER THIS ACT.

    (a) Wilderness.--Land transferred under this Act that has been 
designated by an Act of Congress as wilderness shall be managed by the 
State as wilderness in accordance with the requirements of the 
Wilderness Act (16 U.S.C. 1131 et seq.), the law that designated the 
land as wilderness, and any other Federal law that specifically 
provides for the management of the land, except that the State shall be 
substituted for the Secretary as the person with authority and 
responsibility to manage the land.
    (b) Military Uses.--
            (1) Continued use.--Land transferred under this Act that on 
        the date of transfer is subject to use for military purposes 
        shall continue to be subject to the same military uses.
            (2) Land subject to withdrawal.--
                    (A) In general.--In the case of land transferred to 
                a State under this Act that is subject to a withdrawal 
                from public use for military purposes, the State shall 
                respect the withdrawal and military use for the term of 
                the withdrawal and may not impose any fee or other 
                charge on the United States with respect to the 
                military purpose.
                    (B) Negotiation at end of term of withdrawal.--At 
                the end of the term of withdrawal, the Secretary of the 
                military department concerned, or the Secretary of 
                Defense, may negotiate with the Governor of the State 
                for the continued use of the land.
                    (C) Decontamination.--Land for which there is not a 
                continued military use shall be decontaminated by the 
                appropriate Secretary in accordance with the Act of 
                Congress that withdrew the land for military purposes 
                or the withdrawal order, if any.
    (c) Records.--
            (1) Holding by the secretary.--The Secretary shall continue 
        to hold all land records of the Secretary with respect to the 
        land transferred to a State under this Act.
            (2) Copies to the state.--The Secretary shall provide to 
        the State full copies of all applicable land records relating 
        to land transferred under this Act.
            (3) Availability to the public.--The Secretary shall make 
        such records available for public use as the Secretary 
        determines to be appropriate for public disclosure.
    (d) Indian Land.--The mineral interests described in section 
2(a)(3) shall be transferred from the administrative jurisdiction of 
the Bureau of Land Management and shall be held in trust for the Indian 
tribe for which the overlying surface estate is held in trust.
    (e) Continued Public Access.--A State to which land or an interest 
in land is transferred under this Act shall ensure that the public 
continues to have access to the land for the purposes of hunting, 
fishing, and other appropriate recreational activities, in accordance 
with applicable Federal and State laws and the principles of multiple 
use, to substantially the same extent as on the date of transfer.

SEC. 5. WATER RIGHTS.

    (a) In General.--The Secretary shall transfer to a State to which 
land is transferred under this Act all water rights of the United 
States associated with the land.
    (b) Certain Rights Not Affected.--A transfer of water rights under 
subsection (a) shall not be construed as--
            (1) affecting, impairing, diminishing, subordinating, or 
        enlarging--
                    (A) the rights of the United States or any State to 
                water under any international treaty, interstate 
                compact, or existing judicial decree;
                    (B) any obligation of the United States to Indians 
                or Indian tribes or any claim or right owned or held by 
                or for Indians or Indian tribes, including with respect 
                to any Indian water compact;
                    (C) any right to any quantity of water reserved or 
                used for governmental purposes or programs of the 
                United States at any time prior to the date of 
                enactment of this Act; or
                    (D) any license or permit issued before the date of 
                enactment of this Act; or
            (2) as a recognition, disclaimer, relinquishment, or 
        reduction of any water right of the United States reserved or 
        appropriated before the date of enactment of this Act.

SEC. 6. REDUCTION IN BUDGET AUTHORITY FOR THE BUREAU OF LAND 
              MANAGEMENT.

    (a) Cap on Obligations and Expenditures.--Beginning with the fiscal 
year in which this Act is enacted, not more than $800,000,000 may be 
obligated or expended in any fiscal year by the Bureau of Land 
Management in carrying out its duties, functions, and responsibilities 
under any provision of law.
    (b) Priority for Use of Fiscal Resources.--The Secretary shall give 
priority to expending amounts available to the Bureau of Land 
Management to land management activities and to carrying out this Act.
Example Output:
Requires the Secretary of the Interior to offer to transfer all right, title, and interest of the United States (including fee simple interest and mineral and water rights) in lands administered by the Bureau of Land Management (BLM) to the State in which such land and interests are located.  (Excludes mineral interests underlying a surface estate held in trust by the United States for an Indian tribe which interests shall be transferred from the BLM administrative jurisdiction to be held in trust for the Indian tribe for which the overlying surface estate is held in trust.) 
Permits a State to accept an offer only in its entirety.  Makes such a land transfer effective ten years after a State accepts the offer.  Restricts conveyance of such lands by a State. 
(Sec. 3) Requires a State to honor valid existing leases and permits on such lands and to manage the land in accordance with other terms and conditions of such leases and permits. 
Provides that, except for mining claims for which the holder is entitled to a patent as provided by this Act and under specified conditions, after the date on which land subject to a mining claim is transferred to a State, the validity and continued existence of such claim shall be determined under the law of the State to which the land was transferred and shall be administered in accordance with such State law. 
Requires a State to which land is transferred to respect a right- of-way granted by the United States on the land in accordance with the terms and conditions of the right-of-way. 
(Sec. 4) Requires transferred land:  (1) that has been designated by an Act of Congress as wilderness to be managed by the State as wilderness in accordance with the requirements of Federal laws that specifically provide for its management; (2) that is, on the date of transfer, subject to use for military purposes to continue to be subject to the same military uses; and (3) to continue to provide for the public access provided on the date of transfer. 
Sets forth provisions relating to the transfer of water rights on the transferred land. 
Limits BLM obligations and expenditures to $800 million beginning with the fiscal year in which this Act is enacted. 
Requires the Secretary to give priority to expending amounts available to the BLM for land management activities and carrying out this Act.