Arizona Desert Wilderness Act of 1990
PL 101-628 (H.R.2570), enacted 11/28/1990

PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4469 
Public Law 101-628 
101st Congress 
An Act 
To provide for the designation of certain public lands as wilderness in the State of 
Arizona. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE.—Titles I through III of this Act may be 
cited as the "Arizona Desert Wilderness Act of 1990". 
TITLE I—DESIGNATION OF WILDERNESS AREAS TO BE 
ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT 
SEC. 101. DESIGNATION AND MANAGEMENT. 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act, the following public lands are hereby designated as wilder-
ness and therefore, as components of the National Wilderness 
Preservation System: 
(1) certain lands in Mohave County, Arizona, which comprise 
approximately 23,600 acres, as generally depicted on a map 
entitled "Mount Wilson Wilderness" and dated February 1990, 
and which shall be known as the Mount Wilson Wilderness; 
(2) certain lands in Mohave County, Arizona, which comprise 
approximately 31,070 acres, as generally depicted on a map 
entitled "Mount Tipton Wilderness" and dated February 1990, 
and which shall be known as the Mount Tipton Wilderness; 
(3) certain lands in Mohave County, Arizona, which comprise 
approximately 27,530 acres, as generally depicted on a map 
entitled "Mount Nutt Wilderness" and dated February 1990, 
and which shall be known as the Mount Nutt Wilderness: 
Provided, That the existing water- pipeline for the town of 
Oatman, together with the right of ingress and egress thereto, 
may be operated, maintained, and upgraded, subject to reason-
able requirements to protect wilderness values; 
(4) certain lands in Mohave County, Arizona, which comprise 
approximately 90,600 acres, as generally depicted on a map 
entitled "Warm Springs Wilderness" and dated February 1990, 
and which shall be known as the Warm Springs Wilderness; 
(5) certain lands in Mohave County, Arizona, which comprise 
approximately 15,900 acres, as generally depicted on a map 
entitled "Aubrey Peak Wilderness" and dated February 1990, 
and which shall be known as the Aubrey Peak Wilderness; 
(6) certain lands in La Paz County, Arizona, which comprise 
approximately 14,630 acres, as generallv depicted on a map 
entitled "East Cactus Plain Wilderness and dated February 
1990, and which shall be known as the East Cactus Plain 
Wilderness; 
(7) certain lands in Mohave and La Paz Counties, Arizona, 
which comprise approximately 41,600 acres, as generally de-
picted on a map entitled "Rawhide Mountains Wilderness" and 
Nov. 28, 1990 
[H.R. 2570] 
Arizona Desert 
Wilderness 
Act of 1990. 
16 u s e 460ddd 
note. 
National 
Wilderness 
Preservation 
System. 
16 u s e 1132 
note. 
104 STAT. 4470 
PUBLIC LAW 101-628—NOV. 28, 1990 
dated February 1990, and which shall be known as the Rawhide 
Mountains Wilderness; 
(8) certain lands in Mohave, Yavapai, and La Paz Counties, 
Arizona, which comprise approximately 126,760 acres, as gen-
erally depicted on a map entitled "Arrastra Mountain Wilder-
ness" and dated February 1990, and which shall be known as 
the Arrastra Mountain Wilderness; 
(9) certain lands in La Paz County, Arizona, which comprise 
approximately 25,287 acres, as generally depicted on a map 
entitled "Harcuvar Mountains Wilderness" and dated February 
1990, and which shall be known as the Harcuvar Mountains 
Wilderness; 
(10) certain lands in La Paz and Maricopa Counties, Arizona, 
which comprise approximately 22,865 acres, EIS generally de-
picted on a map entitled "Harquahala Mountains Wilderness" 
and dated February 1990, and which shall be known as the 
Harquahala Mountains Wilderness; 
(11) certain lands in Maricopa County, Arizona, which com-
prise approximately 20,600 acres, as generallv depicted on a 
map entitled "Big Horn Mountains Wilderness and dated Feb-
ruary 1990, and which shall be known as the Big Horn Moun-
tains Wilderness; 
(12) certain lands in Maricopa County, Arizona, which com-
prise approximately 30,170 acres, as generally depicted on a 
map entitled "Hummingbird Springs Wilderness" and dated 
February 1990, and which shall be known as the Hummingbird 
Springs Wilderness; 
(13) certain lands in La Paz, Yuma, and Maricopa Counties, 
Arizona, which comprise approximately 89,000 acres, as gen-
erally depicted on a map entitled "Eagletail Mountains Wilder-
ness" and dated February 1990, and which shall be known as 
the Eeigletail Mountains Wilderness; 
(14) certain lands in Maricopa County, Arizona, which com-
prise approximately 15,250 acres, £is generally depicted on a 
map entitled "Signal Mountain Wilderness" and dated Feb-
ruary 1990, and which shall be known as the Signal Mountains 
Wilderness; 
(15) certain lands in Maricopa County, Arizona, which com-
prise approximately 61,000 acres, as generally depicted on a 
map entitled "Woolsey Peak Wilderness" and dated February 
1990, and which shall be known as the Woolsey Peak 
Wilderness; 
(16) certain lands in Maricopa County, Arizona, which com-
prise approximately 14,500 acres, £is generally depicted on a 
map entitled "Sierra Estrella Wilderness" and dated February 
1990, and which shall be known as the Sierra Estrella 
Wilderness; 
(17) certain lands in Maricopa and Pinal Counties, Arizona, 
which comprise approximately 34,400 acres, as generally de-
picted on a map entitled "Table Top Wilderness" and dated 
February 1990, and which shall be known as the Table Top 
Wilderness; 
(18) certain lands in Pima County, Arizona, which comprise 
approximately 5,080 acres, as generally depicted on a map 
entitled "Coyote Mountains Wilderness 
and dated February 
1990, and which shall be known as the Coyote Mountains 
Wilderness; 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4471 
(19) certain lands in Pima County, Arizona, which comprise 
approximately 2,065 acres, as generally depicted on a map 
entitled "Baboquivari Peak Wilderness" and dated February 
1990, and which shall be known as the Baboquivari Peak 
Wilderness; 
(20) certain lands in Gila County, Arizona, which comprise 
approximately 9,201 acres, as generally depicted on a map 
entitled "Needle's Eye Wilderness" and dated February 1990, 
and which shall be known as the Needle's Eye Wilderness: 
Provided, That the right-of-way reserved by right-of-way res-
ervation A-16043 dated October 20, 1986, together with the 
right of ingress and egress thereto, shall not be affected by this 
Act, and the existing powerline utilizing such right-of-way may 
be operated, maintained, and upgraded, subject to reasonable 
requirements to protect wilderness values; 
(21) certain lands in Graham County, Arizona, which com-
prise approximately 6,590 acres, as generally depicted on a map 
entitled "North Santa Teresa Wilderness" and dated February 
1990, and which shall be known as the North Santa Teresa 
Wilderness; 
(22) certain lands in Graham (Uounty, Arizona, which com-
prise approximately 10,883 acres, as generally depicted on a 
map entitled "Fishhooks Wilderness" and dated February 1990, 
and which shall be known as the Fishhooks Wilderness; 
(23) certain lands in Cochise CJounty, Arizona, which comprise 
approximately 11,998 acres, as generally depicted on a map 
entitled "Dos Cabezas Mountains Wilderness and dated Feb-
ruary 1990, and which shall be known as the Dos Cabezas 
Mountains Wilderness; 
(24) certain lands in Graham and Cochise Counties, Arizona, 
which comprise approximately 6,600 acres, as generally de-
picted on a map entitled "Redfield Canyon Wilderness' and 
dated February 1990, and which shall be known as the Redfield 
Canyon Wilderness; 
(25) certain lands in La Paz C!ounty, Arizona, which comprise 
approximately 18,805 acres, as generally depicted on a map 
entitled "Gibraltar Mountain Wilderness and dated February 
1990, and which shall be known as the Gibraltar Mountain 
Wilderness; 
(26) certain lands in La Paz and Mohave Counties, Arizona, 
which comprise approximately 15,755 acres, as generally de-
picted on a map entitled "Swansea Wilderness 
and dated 
February 1990, and which shall be known as the Swansea 
Wilderness; 
(27) certain lands in LaPaz County, Arizona, which comprise 
approximately 29,095 acres, as generally depicted on a map 
entitled "Trigo Mountain Wilderness" and dated February 
1990, and which shall be known as the Trigo Mountain 
Wilderness; 
(28) certain lands in Yuma County, Arizona, which comprise 
approximately 8,855 acres, as generally depicted on a map 
entitled "Muggins Mountain Wilderness" and dated February 
1990, and which shall be known as the Muggins Mountain 
Wilderness; 
(29) certain lands in Yavapai and Maricopa Counties, Arizona, 
which comprise approximately 9,200 acres, as generally de-
picted on a map entitled "Hells Canyon Wilderness" and dated 
104 STAT. 4472 
PUBLIC LAW 101-628—NOV. 28, 1990 
February 1990, and which shall be known as the Hells Canyon 
Wilderness; 
(30) certain lands in Maricopa County, Arizona, which com-
prise approximately 63,600 acres, as generally depicted on a 
map entitled "North Maricopa Mountains Wilderness" and 
dated February 1990, and which shall be known as the North 
Maricopa Mountains Wilderness; 
(31) certain lands in Maricopa County, Arizona, which com-
prise approximately 60,800 acres, as generally depicted on a 
map entitled "South Maricopa Mountains Wilderness" and 
dated February 1990, and which shall be known as the South 
Maricopa Mountains Wilderness; 
(32) certain lands in Mohave County, Arizona, which comprise 
approximately 38,400 acres, as generally depicted on a map 
entitled "Wabayuma Peak Wilderness" and dated February 
1990, and which shall be known as the Wabayuma Peak 
Wilderness; 
(33) certain lands in Yavapai and Mohave Counties, Arizona, 
which comprise approximately 27,900 acres, as generally de-
picted on a map entitled "Upper Burro Creek Wilderness" and 
dated June 1990, and which shall be known as the Upper Burro 
Creek Wilderness; 
(34) certain lands in Yavapai County, Arizona, which com-
prise approximately 11,840 acres, as generally depicted on a 
map entitled "Hassayampa River Canyon Wilderness" and 
dated February 1990, and which shall be known as the 
Hassayampa River Canyon Wilderness; 
(35) certain lands in Pinal County, Arizona, which comprise 
approximately 5,800 acres, as generally depicted on a map 
entitled "White Canyon Wilderness" and dated February 1990, 
and which shall be known as the White Canyon Wilderness; 
(36) certain lands in Yavapai County, Arizona, which com-
prise approximately 8,700 acres, as generally depicted on a map 
entitled "Tres Alamos Wilderness" and dated February 199(), 
and which shall be known as the Tres Alamos Wilderness; 
(37) certain lands in Cochise, Greenlee, and Graham Counties, 
Arizona, which comprise approximately 19,650 acres, as gen-
erally depicted on a map entitled "Peloncillo Mountains Wilder-
ness" and dated February 1990, and which shall be known as 
the Peloncillo Mountains Wilderness; 
(38) certain lands in La Paz County, Arizona, which comprise 
approximately 21,680 acres, as generally depicted on a map 
entitled "New Water Mountains Wilderness' and dated Feb-
ruary 1990, and which shall be known as the New Water 
Mountains Wilderness; 
(39) certain lands in Pinal and Graham Counties, Arizona, 
which comprise approximately 12,711 acres, as generally de-
picted on a map entitled "Aravaipa Wilderness Additions" and 
dated February 1990, and which are hereby incorporated in and 
shall be deemed to be a part of the Aravaipa Canyon Wilderness 
(designated in Public Law 98-406, 98 Stat. 1491). 
(b) MANAGEMENT.—Subject to valid existing rights, the wilderness 
areas designated by this title shall be administered by the Secretary 
of the Interior (hereinafter in this title referred to as the "Sec-
retary") in accordance with the provisions of the Wilderness Act 
governing areas designated by that Act as wilderness, except that 
any reference in such provisions to the effective date of the Wilder-
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4473 
ness Act (or any similar reference) shall be deemed to be a reference 
to the date of enactment of this Act. 
(c) MAP AND LEGAL DESCRIPTION,—As soon as practicable after 
enactment of this Act, the Secretary shall file a map and a legal 
description of each wilderness area designated under this title with 
the Committee on Interior and Insular Affairs of the United States 
House of Representatives and with the Committee on Energy and 
Natural Resources of the United States Senate. Such map and 
description shall have the same force and effect as if included in this 
title, except that correction of clerical and typographical errors in 
such legal description and map may be made. Copies of such map 
and legal description shall be on file and available for public inspec-
tion in the Office of the Director, Bureau of Land Management, 
United States Department of the Interior, and in the appropriate 
office of the Bureau of Land Management in Arizona. 
(d) No BUFFER ZONES.—The Congress does not intend for the 
designation of wilderness areas in the State of Arizona pursuant to 
this title to lead to the creation of protective perimeters or buffer 
zones around any such wilderness area. The fact that nonwilderness 
activities or uses can be seen or heard from areas within a wilder-
ness shall not, of itself, preclude such activities or uses up to the 
boundary of the wilderness area. 
(e) FISH AND WILDUFE.—As provided in paragraph (7) of section 
4(d) of the Wilderness Act, nothing in this title or in the Wilderness 
Act shall be construed as affecting the jurisdiction or responsibilities 
of the State of Arizona with respect to wildlife and fish on the public 
lands located in that State. 
(f) LIVESTOCK.—(1) Grazing of livestock in wilderness areas des-
ignated by this title, where established prior to the date of the 
enactment of this Act, shall be administered in accordance with 
section 4(d)(4) of the Wilderness Act and the guidelines set forth in 
Appendix A of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred First Congress 
(H. Rept. 101-405). 
(2) The Secretary is directed to review all policies, practices, and 
regulations of the Bureau of Land Management regarding livestock 
grazing in Bureau of Land Management administered wilderness 
areas in Arizona in order to insure that such policies, practices, and 
regulations fully conform with and implement the intent of Con-
gress regarding grazing in such areas, as such intent is expressed in 
this title. 
(g) WATER.—(1) With respect to each wilderness area designated 
by this title, Congress hereby reserves a quantity of water sufficient 
to fulfill the purposes of this title. The priority date of such reserved 
rights shall be the date of enactment of this Act. 
(2) The Secretary and all other officers of the United States shall Claims, 
take steps necessary to protect the rights reserved by paragraph (1), 
including the filing by the Secretary of a claim for the quantification 
of such rights in any present or future appropriate stream adjudica-
tion in the courts of the State of Arizona in which the United States 
is or may be joined and which is conducted in accordance with the 
McCarran Amendment (43 U.S.C. 666). 
(3) Nothing in this title shall be construed as a relinquishment or 
reduction of any water rights reserved or appropriated by the 
United States in the State of Arizona on or before the date of 
enactment of this Act. 
104 STAT. 4474 
PUBLIC LAW 101-628—NOV. 28, 1990 
(4) The Federal water rights reserved by this title are specific to 
the wilderness areas located in the State of Arizona designated by 
this title. Nothing in this title related to reserved Federal water 
rights shall be construed as establishing a precedent with regard to 
any future designations, nor shall it constitute an interpretation of 
any other Act or any designation made pursuant thereto. 
(h) WILDLIFE MANAGEMENT.—In furtherance of the purposes and 
principles of the Wilderness Act, management activities to maintain 
or restore fish and wildlife populations and the habitats to support 
such populations may be carried out within wilderness areas des-
ignated by this title, where consistent with relevant wilderness 
management plans, in accordance with appropriate policies and 
guidelines such as those set forth in Appendix B of the Report of the 
Committee on Interior and Insular Affairs to accompany H.R. 2570 
of the One Hundred First Congress (H. Kept. 101-405). 
(i) MILITARY ACTIVITIES.—Nothing in this title shall preclude low 
level overflights of military aircraft, the designation of new units of 
special airspace, or the use or establishment of military flight 
training routes over wilderness areas designated by this title. 
(j) MINERAL EXCHANGES.—It is the intent of Congress that private 
mineral rights within wilderness areas designated by this title be 
acquired as expeditiously as possible by the Secretary using existing 
authority to acquire such rights by exchange. 
(k) BLACK ROCK WASH ROAD ACCESS.—(1) Section 101(a)(23) of the 
16 use 1132 
Arizona Wilderness Act of 1984 (98 Stat. 1487) is amended by 
^°^^- 
striking "the governmental agency having jurisdictional authority 
may authorize limited access to the area, for private and administra-
tive purposes, from U.S. Route 70 along Black Rock Wash to the 
vicinity of Black Rock; 
(2)(A) In order to permit adequate public and private access to 
Federal, State, and private lands on the east side of the Santa 
Teresa Mountains, the Secretary, acting through the Bureau of 
Indian Affairs, shall administer that portion of Black Rock Wash 
Road located within the boundaries of the San Carlos Apache 
Reservation so as to allow reasonable use of the road for private and 
administrative purposes and may permit limited public use of such 
road for the purpose of access to the public lands outside of the 
reservation boundary. 
(B) The Secretary, acting through the Bureau of Indian Affairs, is 
authorized, subject to the provisions of the Act of June 18, 1934, 
chapter 576, section 16 (25 U.S.C. 476; 48 Stat. 987), to enter into 
cooperative agreements with the Bureau of Land Management, the 
Forest Service, and Graham County, Arizona, for signing, fencing, 
and maintenance of the portion of Black Rock Wash Road referred 
to in paragraph (A). The entering into of cooperative agreements as 
authorized by this subsection shall not be construed in any way as a 
determination of the ownership of such portion of Black Rock Wash 
Road. 
Appropriation 
(3) There are authorized to be appropriated such sums as may be 
authorization. 
necessary to carry out this subsection. 
(1) ALAMO DAM.—Nothing in this title shall be construed to affect 
the operation for flood control purposes of the Alamo Dam located 
on the Bill Williams River. 
SEC. 102. AREAS RELEASED. 
Excepting for the Baker Canyon area (AZ-040-070), and the 
approximately 57,800 acres of public land as generally depicted on a 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4475 
map entitled "Cactus Plain Wilderness Study Area" dated Feb-
ruary, 1990, the Congress hereby finds and directs that all public 
lands in Arizona, administered by the Bureau of Land Management 
pursuant to the Federal Land Policy and Management Act of 1976 
not designated as wilderness by this title, or previous Acts of 
Congress, have been adequately studied for wilderness designation 
pursuant to section 603 of such Act and are no longer subject to the 
requirement of section 603(c) of such Act pertaining to the manage-
ment of wilderness study areas in a mgmner that does not impair the 
suitability of such areas for preservation as wilderness. 
TITLE II—DESIGNATION OF THE GILA BOX RIPARIAN 
NATIONAL CONSERVATION AREA 
Natural 
resources. 
SEC. 201. DESIGNATION AND MANAGEMENT. 
16 u s e 460ddd. 
(a) PURPOSES.—In order to conserve, protect, and enhance the Establishment, 
riparian and associated areas described in subsection (b) and the 
aquatic, wildlife, archeological, paleontological, scientific, cultural, 
recreational, educational, scenic, and other resources and values of 
such areas, there is hereby established the Gila Box Riparian Na-
tional Conservation Area (hereafter in this title referred to as the 
"conservation area"). 
(b) AREAS INCLUDED.—The conservation area shall consist of the 
public lands generally depicted on a map entitled "Gila Box Ripar-
ian National Conservation Area" dated February 1990, and compris-
ing approximately 20,900 acres. 
(c) MAP.—As soon as practicable after the date of enactment of 
this Act, a map and legal description of the conservation area shall 
be filed by the Secretary with the Committee on Interior and Insular 
Affairs of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States 
Senate. Such map shall have the same force and effect as if included 
in this section. Copies of such map shall be on file and available for 
public inspection in the Office of the Director of the Bureau of Land 
Management, Department of the Interior, and in the appropriate 
office of the Bureau of Land Management in Arizona. 
(d) MANAGEMENT OF CONSERVATION AREA.—(1) The Secretary shall 
manage the conservation area in a manner that conserves, protects 
and enhances its resources and values, including the resources and 
values specified in subsection (a), pursuant to the Federal Land 
Policy and Management Act of 1976 and other applicable law, 
including this title. 
(2) The Secretary shall allow only such uses of the conservation 
area as the Secretary finds will further the purposes for which the 
conservation area is established. Except where needed for adminis-
trative purposes or to respond to an emergency, use of motorized 
vehicles in the conservation area shall be permitted only on roads 
specifically designated for such use £is part of the management plan 
prepared pursuant to subsection (g). 
(e) WITHDRAWAL.—Subject to valid existing rights, all Federal 
lands within the conservation area are hereby withdrawn from all 
forms of entry, appropriation, or disposal under the public land 
laws; from location, entry, and patent under the United States 
mining laws; and from disposition under all laws pertaining to 
mineral and geothermal leasing, and all amendments thereto. 
104 STAT. 4476 
PUBLIC LAW 101-628—NOV. 28, 1990 
(f) WATER.—(1) Congress hereby reserves a quantity of water 
sufficient to fulfill the purposes, as specified in subsection (a), for 
which the conservation area is established. The priority date of this 
reserved right shall be the date of enactment of this Act. 
Claims. 
(2) The Secretary and all other officers of the United States shall 
take all steps necessary to protect the right reserved by paragraph 
(1), including the filing by the Secretary of a claim for the quan-
tification of such right in any present or future appropriate stream 
adjudication in the courts of the State of Arizona in which the 
United States is or may be joined and which is conducted in 
accordance with the McCarran Amendment (43 U.S.C. 666). 
(3) Nothing in this title shiall be construed as a relinquishment or 
reduction of any water rights reserved or appropriated by the 
United States in the State of Arizona on or before the date of 
enactment of this Act. 
(4) The Federal rights reserved by this title are specific to the 
conservation area located in the State of Arizona designated by this 
title. Nothing in this title related to reserved Federal water rights 
shall be construed as establishing a precedent with regard to any 
future designations, nor shall it constitute an interpretation of any 
other Act or any designation made pursuant thereto. 
(5) Nothing in this title shall be construed to impair or conflict 
with the implementation of the authorization contained in section 
304(f) of Public Law 90-537, approved September 30,1968. 
(g) MANAGEMENT PLAN.—(1) No later than two years after the 
date of enactment of this Act, the Secretary shall develop a com-
prehensive plan for the long-term management of the conservation 
area (hereinafter in this title referred to as the "management plan") 
in order to fulfill the purposes for which the conservation area is 
established. The management plan shall be developed with full 
public participation and shall include provisions designed to assure 
protection of the resources and values (including the resources and 
values specified in subsection (a)) of the conservation area. 
(2) The management plan shall include a discussion of the desir-
ability of the inclusion in the conservation area of additional lands, 
including the lands not in Federal ownership that are contiguous to 
the boundary of the conservation area (as depicted on the map 
referenced in subsection (b) or as hereafter adjusted pursuant to 
subsection (h)) and within the area extending two miles on either 
side of the centerline of Eagle Creek from the point where Eagle 
Creek crosses the southern boundary of the Apache National Forest 
to the confluence of Eagle Creek with the Gila River (this area is 
hereafter referred to in this title as the "Eagle Creek riparian 
area"). 
(3) In order to better implement the management plan, the Sec-
retary may enter into cooperative agreements with appropriate 
State and local agencies pursuant to section 307(b) of the Federal 
Land Policy and Management Act of 1976. 
(4) In order to assist in the development and implementation of 
the management plan, the Secretary may authorize appropriate 
research, including research concerning the environmental, bio-
logical, hydrological, cultural, and other characteristics, resources, 
and values of the conservation area, pursuant to section 307(a) of the 
Federal Land Policy and Management Act of 1976. 
(h) ACQUISITION AND BOUNDARY ADJUSTMENTS.—(1) Subject to the 
limitations set forth in paragraph (3), the Secretary is authorized to 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4477 
acquire non-Federal lands or interests therein within the boundaries 
of the conservation area or within the Eagle Creek riparian area. 
(2) The Secretary is authorized to adjust the boundaries of the 
conservation area so as to incorporate within the conservation area 
any lands or interests within the Eagle Creek riparian area that 
may be acquired after the date of enactment of this Act as well as 
public lands within that portion of the Eagle Creek riparian area 
west of the centerline of Eagle Creek that the Secretary finds 
appropriate in order to properly manage such acquired lands as part 
of the conservation area. Any lands or interests so incorporated 
shall be managed as part of the conservation area. 
(3) No lands or interests therein owned by the State of Arizona or 
any political subdivision of such State shall be acquired pursuant to 
th^ subsection except through donation or exchange, and no lands 
or interests within the conservation area or the Eagle Creek ripar-
ian area shall be acquired from any other party or entity except by 
donation, exchange, or purchase with the consent of the owner of 
such lands or interests. 
(i) No BUFFER ZONES.—The Congress does not intend for the 
establishment of the conservation area to lead to the creation of 
protective perimeters or buffer zones around the conservation area. 
The fact that there may be activities or uses on lands outside the 
conservation area that would not be permitted in the conservation 
area shall not preclude such activities or uses on such Isuids up to 
the boundary of the conservation area to the extent consistent with 
other applicable law. 
(j) ADVISORY COMMITTEE.—The Secretary shall establish an ad-
visory committee to advise the Secretary with respect to the 
preparation and implementation of the management plan. Such 
advisory committee shall consist of seven members appointed by the 
Secretary. One member shall be appointed from among rec-
ommendations submitted by the Governor of Arizona, one member 
shall be appointed from among recommendations submitted by the 
Graham County Board of Supervisors and one member shall be 
appointed from among recommendations submitted by the Greenlee 
County Board of Supervisors. The remaining members shall be 
persons recognized £is experts in wildlife conservation, riparian 
ecology, archeology, paleontology, or other disciplines directly re-
lated to the purposes for which the conservation area is established. 
(k) REPORT.—No later than five years gifter the date of enactment 
of this Act, and at least each ten years thereafter, the Secretary 
shall report to the Committee on Interior and Insular Affairs of the 
United States House of Representatives and the Committee on 
Energy and Natural Resources of the United States Senate on the 
implementation of this title, the condition of the resources and 
values of the conservation area, and the progress of the Secretary in 
achieving the purposes for which the conservation area is 
established. 
(1) ENFORCEMENT.—Any person who violates any regulation 
promulgated by the Secretary to implement the provisions of this 
title shedl be subject to a fine in accordance with applicable provi-
sions of the Sentencing Reform Act of 1984, or imprisonment of not 
more than 1 year, or both such fine and imprisonment. 
(m) AUTHORIZATION.—There are hereby authorized to be appro- Appropriation 
priated such sums as may be necessary to implement the provisions authorization, 
of this title. 
104 STAT. 4478 
PUBLIC LAW 101-628—NOV. 28, 1990 
National 
Wilderness 
Preservation 
System. 
16 u s e 1132 
note. 
TITLE III—DESIGNATION OF WILDERNESS AREAS TO BE 
ADMINISTERED BY THE UNITED STATES FISH AND 
WILDLIFE SERVICE 
SEC. 301. DESIGNATION AND MANAGEMENT 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act, the following lands are hereby designated as wilderness 
and therefore as components of the National Wilderness Preserva-
tion System: 
(1) certain lands in the Havasu National Wildlife Refuge, 
Arizona, which comprise approximately 14,606 acres, as gen-
erally depicted on a map entitled "Havasu Wilderness" and 
dated March 13, 1990, and which shall be known as the Havasu 
Wilderness; 
(2) certain lands in the Imperial National Wildlife Refuge, 
Arizona, which comprise approximately 9,220 acres, as gen-
erally depicted on a map entitled "Imperial Refuge Wilderness" 
and dated March 13, 1990, and which shall be known as the 
Imperial Refuge Wilderness; 
(3) certain lands in the Kofa National Wildlife Refuge, Ari-
zona, which comprise approximately 510,900 acres, and certain 
other public lands comprising approximately 5,300 acres which 
are hereby added to and incorporated within such refuge (and 
which shall be managed accordingly), all as generally depicted 
on a map entitled "Kofa Wilderness" and dated August 1, 1990, 
and which shall be known as the Kofa Wilderness; and 
(4) certain lands in the Cabeza Prieta National Wildlife 
Refuge, Arizona, which comprise approximately 803,418 acres, 
as generally depicted on a map entitled "Cabeza Prieta Wilder-
ness" and dated March 13, 1990, and which shall be known as 
the Cabeza Prieta Wilderness, 
(h) MANAGEMENT.—Subject to valid existing rights, the wilderness 
areas designated under this title shall be administered by the 
Secretary of the Interior (hereinafter in this title referred to as the 
"Secretary") in accordance with the provisions of the Wilderness 
Act governing areas designated by that Act as wilderness, except 
that any reference in such provisions to the effective date of the 
Wilderness Act (or any similar reference) shall be deemed to be a 
reference to the date of enactment of this title. 
(c) MAP AND LEGAL DESCRIPTION.—As soon as practicable after 
enactment of this title, the Secretary shall file a map and a legal 
description of each wilderness area designated under this section 
with the Committee on Interior and Insular Affairs and the Commit-
tee on Merchant Marine and Fisheries of the United States House of 
Representatives and with the Committee on Energy and Natural 
Resources and the Committee on Environment and Public Works of 
the United States Senate. Such map and description shall have the 
same force and effect as if included in this title, except that correc-
tion of clerical and typographical errors in such legal description 
and map may be made. Such map and legal description shall be on 
file and available for public inspection in the Office of the Director, 
United States Fish and Wildlife Service, United States Department 
of the Interior. 
(1)(A) With respect to each wilderness area designated by this 
title, and subject to the limitations set forth in subparagraph 
(B), Congress hereby reserves a quantity of water sufficient to 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4479 
fulfill the purposes of this title. The priority date of such 
reserved rights shall be the date of enactment of this Act. 
(B) With respect to the Havasu and Imperial wilderness areas 
designated by subsections (a)(1) and (a)(2) of this section, no 
rights to water of the Colorado River are reserved, either ex-
pressly, impliedly, or otherwise. 
(2) The Secretary and all other officers of the United States 
shall take all steps necessary to protect the rights reserved by 
paragraph (1), including the filing by the Secretary of a claim 
for the quantification of such rights in any present or future 
appropriate steam adjudication in the courts of the State of 
Arizona in which the United States is or may be joined and 
which is conducted in accordance with the McCarran Amend-
ment (43 U.S.C. 666). 
(3) Nothing in this title shall be construed as a relinquish-
ment or reduction of any water right reserved or appropriated 
by the United States in the State of Arizona on or before the 
date of enactment of this Act. 
(4) The Federal water rights reserved by this title are specific 
to the wilderness areas located in the State of Arizona des-
ignated by this title. Nothing in this title related to reserved 
Federal water rights shall be construed as establishing a prece-
dent with regard to any future designations, nor shall it con-
stitute an interpretation of any other Act or any designation 
made pursuant thereto. 
(e) No EFFECT ON COLORADO RIVER DAMS.—Nothing in this title 
shall be construed to affect the operation of federally owned dams 
located on the Colorado River in the Lower Basin. 
(f) MiUTARY ACTIVITIES.—Nothing in this title including the des-
ignation as wilderness of lands within the Cabeza Prieta National 
Wildlife Refuge, shall be construed as— 
(1) precluding or otherwise affecting continued low-level 
overflights by military aircraft over such refuge or the mainte-
nance of existing associated ground instrumentation, in accord-
ance with any applicable interagency agreements in effect on 
the date of enactment of this Act; or 
(2) precluding the Secretary of Defense from entering into 
new or renewed agreements with the Secretary concerning use 
by military aircraft of airspace over such refuge or the mainte-
nance of existing associated ground instrumentation, consistent 
with management of the refuge for the purpose for which such 
refuge was established and in accordance with laws applicable 
to the National Wildlife Refuge System. 
(g) LAW ENFORCEMENT BORDER ACTIVITIES.—Nothing in this title, 
including the designation as wilderness of lands within the Cabeza 
Prieta National Wildlife Refuge, shall be construed as— 
(1) precluding or otherwise affecting continued border oper-
ations by the Immigration and Naturalization Service, the Drug 
Enforcement Administration, or the United States Customs 
Service within such refuge, in accordance with any applicable 
interagency agreements in effect on the date of enactment of 
this Act; or 
(2) precluding the Attorney General of the United States or 
the Secretary of the Treasury from entering into new or re-
newed agreements with the Secretary concerning Immigration 
and Naturalization Service, Drug Enforcement Administration, 
or United States Customs Service border operations within such 
104 STAT. 4480 
PUBLIC LAW 101-628—NOV. 28, 1990 
refuge, consistent with management of the refuge for the pur-
pose for which such refuge was established, and in accordance 
with laws applicable to the National Wildlife Refuge System. 
SEC. 302. NO EFFECT ON UPPER BASIN. 
Nothing in titles I, II, or III of this Act shall amend, construe, 
supersede, or preempt any State law. Federal law, interstate com-
pact, or international treaty pertaining to the Colorado River 
(including its tributaries) in the Upper Basin, including, but not 
limited to, the appropriation, use, development, storage, regulation, 
allocation, conservation, exportation, or quality of those waters. 
Fort McDowell 
TITLE IV—FORT McDOWELL INDIAN COMMUNITY WATER 
Indian 
RIGHTS SETTLEMENT 
Community 
S f e m ^ e n t ^ 
SECTION 401. SHORT TITLE. 
of 1^^^- 
This title may be cited as the "Fort McDowell Indian Community 
?onTracS.^"* 
Water Rights Settlement Act of 1990". 
Claims. 
SEC. 402. CONGRESSIONAL FINDINGS AND DECLARATIONS. 
(a) The Congress finds that— 
(1) it is the policy of the United States, in fulfillment of its 
trust responsibility to Indian tribes, to promote Indian self-
determination and economic self-sufficiency, and to settle, wher-
ever possible, the water rights claims of Indian tribes without 
lengthy and costly litigation; 
(2) meaningful Indian self-determination and economic self-
sufficiency depend on development of viable Indian reservation 
economies; 
(3) quantification of rights to water and development of facili-
ties needed to utilize tribal water supplies effectively is essential 
to the development of viable Indian reservation economies, 
particularly in arid western States; 
(4) on September 15, 1903, the United States Government 
established a reservation for the Fort McDowell Indian Commu-
nity in Arizona north of the confluence of the Salt and Verde 
Rivers tributary to the Gila River; 
(5) the United States, as trustee for the Community, obtained 
water entitlements for the Community pursuant to the Kent 
Decree of 1910; however, continued uncertainty as to the full 
extent of the Community's entitlement to water has severely 
limited the Community's access to water and the financial 
resources necessary to develop its valuable agricultural lands 
and frustrated its efforts to reduce its dependence on Federal 
program funding and achieve meaningful self-determination 
and economic self-sufficiency; 
(6) proceedings to determine the full extent and nature of the 
Community's water rights and damages thereto are currently 
pending before the United States District Court in Arizona, the 
United States Claims Court, the Superior Court of the State of 
Arizona in and for Maricopa County, as part of the General 
Adjudication of the Gila River System and Source, and before 
various Federal agencies under the Federal Tort Claims Act; 
(7) recognizing that final resolution of pending litigation will 
take many years and entail great expense to all parties, con-
tinue economically and socially damaging limits to the Commu-
nity's access to water, prolong uncertainty as to the availability 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4481 
of water supplies and seriously impair the long-term economic 
planning and development of all parties, the Community and 
neighboring non-Indian communities have sought to settle dis-
putes over water and reduce the burdens of litigation; 
(8) after more than five years of negotiation, which included 
participation by representatives of the United States Govern-
ment, the Community and neighboring non-Indian communities 
of the Salt River Valley, who are all party to the General 
Adjudication of the Gila River System and Source, the parties 
have entered into an agreement to resolve all water rights 
claims between and amQng themselves, to quantify the Commu-
nity's entitlement to water, and to provide for the orderly 
development of the Community's lands; 
(9) pursuant to the agreement, the neighboring non-Indian 
communities will transfer rights to approximately twelve thou-
sand acre-feet of surface water to the Community; provide for 
the means of firming existing water supplies of the Community, 
and make substantial additional contributions to carry out the 
agreement's provisions; and 
(10) to advance the goals of Federal Indian policy and to fulfill 
the trust responsibility of the United States to the Community, 
it is appropriate that the United States participate in the 
implementation of the agreement and contribute funds for the 
rehabilitation and expansion of existing reservation irrigation 
facilities so as to enable the Community to utilize fully its water 
entitlements in developing a diverse, efficient reservation 
economy. 
03) Therefore, the Congress declares that the purposes of this Act 
are: (1) to approve, ratify and confirm the agreement entered into by 
the Community and its neighboring non-Indian communities, (2) to 
authorize and direct the Secretary of the Interior to execute and 
perform such agreement, and (3) to authorize the actions and appro-
priations necessary for the United States to fulfill its legal and trust 
obligations to the Community as provided in the agreement and this 
Act. 
SEC. 403. DEFINITIONS. 
For purposes of thi? Act— 
(a) "Agreement" means that agreement among the Fort 
McDowell Indian Community, the State of Arizona, the Salt 
River Project Agricultural Improvement and Power District, 
the Salt River Valley Water Users' Association, the Roosevelt 
Water Conservation District, the Arizona cities of Chandler, 
Glendale, Mesa, Phoenix, Scottsdale, and Tempe, and the Ari-
zona Town of Gilbert, and the Central Arizona Water Conserva-
tion District, together with all exhibits thereto, as the same is 
approved and executed by the Secretary of the Interior pursu-
ant to sections 411(d) and 412(a)(8) of this Act. 
(b) "CAP" means the Central Arizona Project, a reclamation 
project authorized under title III of the Colorado River Basin 
Project Act of 1968 (43 U.S.C. 1521 et seq.). 
(c) "CAWCD" means the Central Arizona Water Conservation 
District organized under the laws of the State of Arizona, which 
is the contractor under a contract with the United States, dated 
December 15, 1972, for the delivery of water and repayment of 
costs of the Central Arizona Project. 
104 STAT. 4482 
PUBLIC LAW 101-628—NOV. 28, 1990 
(d) "Community" means the Fort McDowell Indian Commu-
nity, a community of Yavapai Indians organized under section 
16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 
987, 25 U.S.C. 476), and duly recognized by the Secretary. 
(e) "HVID" means the Harquahala Valley Irrigation District, 
an irrigation district organized under the laws of the State of 
Arizona. 
(f) "Kent Decree" means the decree dated March 1, 1910, 
entered in Patrick T. Hurley versus Charles F. Abbott, and 
others, Case Numbered 4564, in the District Court of the Third 
Judicial District of the Territory of Arizona, in and for the 
County of Maricopa, and all decrees supplemental thereto. 
(g) "RWCD" means the Roosevelt Water Conservation Dis-
trict, an irrigation district organized under the laws of the State 
of Arizona. 
(h) "Secretary" means the Secretary of the United States 
Department of the Interior. 
(i) "SRP" means the Salt River Project Agricultural Improve-
ment and Power District, a political subdivision of the State of 
Arizona, and the Salt River Valley Water Users' Association, an 
Arizona corporation. 
SEC. 404. KENT DECREE REREGULATION. 
(a) To permit the Community to more fully utilize its water rights 
under the Kent Decree as provided in the Agreement and subsection 
(b) of this section, the agreement between the United States and the 
SRP dated June 3, 1935, as amended on November 26, 1935, relating 
to the Verde River Storage Works, and the agreement among the 
SRP, Phelps Dodge Corporation, and the Defense Plant Corporation 
dated March 1, 1944, including, but not limited to, the provisions of 
such agreements by which SRP saves and holds harmless the United 
States, and the rights of the United States and SRP to Verde River 
storage, are hereby ratified, confirmed and declared to be valid: 
Provided, however. That the priority date and quantification of these 
storage rights, and such other storage rights as may exist, shall be 
determined in an appropriate state proceeding in the State of 
Arizona. Nothing in this Act or the Agreement shall affect the 
validity or invalidity of any permit, right-of-way, license or grant 
held by Phelps Dodge Corporation for the utilization of land or 
water within the San Carlos Apache Reservation. 
(b) The Secretary is authorized and directed to contract with SRP, 
for a period of not more than twenty-five years from the date the 
authorizations contained in section 409(b) of this Act become effec-
tive, for the utilization of up to three thousand acre-feet of the 
existing storage right of the United States and SRP behind Bartlett 
and Horseshoe Dams on the Verde River for the reregulation of the 
Community's rights to water under the Kent Decree. This storage 
space shall be for seasonal regulation only, with no annual carry-
over past October 1. 
SEC. 405. RATIFICATION AND CONFIRMATION OF CONTRACTS. 
(a) The contract between the SRP and RWCD dated October 24, 
1924, together with all amendments thereto and any extension 
thereof entered into pursuant to the Agreement, is ratified, con-
firmed, and declared to be valid. 
03) The Secretary is authorized and directed to revise the sub-
contract of the RWCD agricultural water service from the CAP to 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4483 
include an addendum substantially in the form of exhibit "10.3.2" to 
the Agreement and to execute the subcontract as revised. Notwith-
standing any other provision of law, the Secretary shall approve the 
conversions of agricultural water to municipal and industrial uses 
authorized by the addendum at such time as the conditions authoriz-
ing such conversions, as set forth in the addendum, are found to 
exist. 
(c) The lands within the RWCD and the lands within the SRP 
shall be free from the ownership limitations of Federal reclamation 
law and all full cost pricing provisions of Federal law. 
(d) Neither SRP nor the RWCD shall become subject to the 
provisions of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et 
seq.) by virtue of either of their participation in the settlement or 
their execution and performance of the Agreement, including, but 
not limited to, any exchanges provided for in the Agreement. 
SEC. 406. OTHER WATER 
(a) The Secretary is authorized and directed to acquire for the 
Community thirteen thousand nine hundred thirty-three acre-feet of 
water from one or a combination of the following sources: 
(1) CAP water permanently relinquished by the HVID pursu-
ant to contract with the Secretary. 
(2) CAP municipal and industrigil water and CAP Indian 
priority water permanently relinquished by the City of Prescott, 
the 
Yavapai-Prescott 
Tribe, 
the 
Yavapai-Apache 
Indian 
Community of the Camp Verde Reservation, the Cottonwood 
Water Company or the Camp Verde Water Company pursuant 
to contract with the Secretary. Any water acquired by the 
Secretary pursuant to this section shall be acquired with the 
consent of the contracting entity and shall be assigned to the 
Community in partial satisfaction of the Secretary's obligation 
under this section. 
(3) In the event that the Secretary cannot acquire thirteen 
thousand nine hundred and thirty-three acre-feet of water, 
solely or in combination, from the sources identified in subsec-
tions (a)(1) and (a)(2) of this section, then the Secretary is 
authorized to acquire, from all water resources within the State 
of Arizona at the disposal of the United States, water in 
amounts necessary to meet the requirements of this section. 
HARQUAHALA VALLEY IRRIGATION DISTRICT 
(b) The Secretary is authorized to contract with the HVID for the 
permanent relinquishment of any portion of HVID's rights to CAP 
agricultural water. 
(1) The Secretary may use HVID water with its original CAP 
agricultural priority or may convert it, at the rate of one acre-
foot per CAP-eligible acre, to a maximum of thirty-three thou-
sand two hundred and sixty-three acre-feet of CAP Indian 
priority water. Up to thirteen thousand nine hundred and 
thirty-three acre-feet of such water shall be made available to 
the Community by contract with the Secretary. 
(2) As consideration for the fair value of water relinquished 
under subsection (b) of this section, the Secretary is authorized: 
(i) to credit the HVID with an appropriate share of its 
outstanding CAP distribution system debt, with such share 
' 
reflecting the relationship between the amount of HVID 
104 STAT. 4484 
PUBLIC LAW 101-628—NOV. 28, 1990 
CAP rights acquired by the Secretary and the total CAP 
allocation of the HVID; and 
(ii) to offset the annual repayment requirements of the 
CAWCD under repayment contract numbered 14-06-W-245 
in amounts which total the balance of the fair value of the 
water acquired and not accounted for under (i) above until 
such value is exhausted. 
(3) In the event that the Secretary acquires all or a part of the 
CAP water rights of the HVID, the following shall apply: 
(i) The Secretary is authorized to transfer title to existing 
Federal facilities within HVID that are no longer needed 
for CAP purposes to the CAWCD or to other non-Federal 
entities. 
(ii) The Secretary is authorized to approve or execute any 
agreements that are necessary to accomplish the transfer of 
HVID's CAP agricultural water rights to the Secretary for 
Indian water rights settlement purposes. As a condition of 
the transfer of such entitlement, the lands which are pur-
chased by non-Federal interests within HVID must be ex-
cluded from HVID. Except as provided for in Article 8.7 of 
the December 1, 1988, contract between the United States 
and CAWCD, the excluded lands shall not be entitled to a 
supply of CAP water for agricultural purposes and shall not 
be subject to the ownership limitations of Federal reclama-
tion law and all full cost pricing provisions of Federal law. 
(iii) The agreement implementing the transfer of HVID's 
CAP agricultural water rights to the Secretary shall pro-
vide that any lands which remain in HVID or its successor 
shall continue to be subject to the ownership limitations of 
Federal reclamation law and all full cost pricing provisions 
of Federal law as long as HVID, or its successor, has a 
Federal repayment obligation for the cost of the CAP dis-
tribution system. The agreement implementing the transfer 
shall provide that lands remaining in HVID, or its succes-
sor, will not bear costs of operation, maintenance, and 
replacement for the CAP distribution system greater than 
that which they would have in the absence of the transfer 
of HVID's CAP agricultural water rights. 
(4) Water acquired by the Secretary for the Fort McDowell 
Indian Community pursuant to this subsection shall be deliv-
ered to the Community as provided for in the Agreement. Any 
remaining water acquired by the Secretary pursuant to this 
subsection (b) shall be used only in the settlement of water 
rights claims of other Indian tribes having claims to the water 
in the Salt and Verde River system. 
VERDE RIVER WATERSHED 
(c) Providing that the Secretary first acquires at least seven 
thousand acre-feet of CAP water from one or more of the entities 
named in subsection (a)(2), of this section, the Secretary is au-
thorized to acquire, by purchase from willing sellers, land and water 
rights in the Big Chino Valley of the Verde River watershed, in an 
amount sufficient to replace all such water so acquired. 
(1) The Secretary shall not acquire any land or water rights in 
the Big Chino Valley of the Verde River watershed until he has 
completed a study to determine whether, through the construe-
PUBLIC LAW 101-628~-NOV. 28, 1990 
104 STAT. 4485 
tion of water diversion, collection, and conveyance facilities to 
deliver water to a point near Sullivan Lake in Yavapai County, 
Arizona (hereinafter referred to as the "Sullivan Lake delivery 
point"), the exercise of such water rights will not have an 
adverse affect on the flow or the biota of the Verde River and 
that such exercise is not likely to jeopardize the continued 
existence of Meda fulgida (spikedace) or any other threatened or 
endangered species. The Secretary shall make the study re- Public 
quired by this paragraph available to the public for inspection iMO"nation. 
and comment upon its completion. 
(2) The Secretary is authorized to enter into an agreement 
with the City of Prescott to reimburse the city for not to exceed 
$800,000 advanced to the Secretary by the city for the purpose 
of expediting completion of the study required in subsection 
(cXD of this section. 
(3) If the Secretary determines, based upon the findings of the 
study, that the exercise of water rights will not have an adverse 
effect on the flow or the biota of the Verde River and is not 
likely to jeopardize the continued existence of Meda fulgida 
(spikedace) or any other threatened or endangered species, the 
Secretary shall be authorized to acquire land in the Big Chino 
Valley and to construct diversion, collection, and conveyance 
facilities sufficient to deliver the water to the Sullivan Lake 
delivery point. 
(4) The Secretary shall develop and implement a continuous 
monitoring program to ensure that groundwater pumping from 
land acquired pursuant to this subsection (c) shall not adversely 
affect the flow or the biota of the Verde River and to ensure 
that it will not jeopardize the continued existence of Meda 
fulgida (spikedace) or any other threatened or endangered spe-
cies. The program shall be developed prior to and implemented 
concurrent with the construction of the facilities described in 
subsection (cX3) of this section. 
(d) If the Secretary acquires the CAP contract or subcontracts of 
the Yavapai-Apache Indian Community of the Camp Verde Reserva-
tion, the Cottonwood Water Company or the Camp Verde Water 
Company, the Secretary is authorized to construct water conveyance 
facilities from the Sullivan Lake delivery point to a point down-
stream on the Verde River. Subject to the study required in subsec-
tion (dXD of this section and all applicable law, the Secretary is 
further authorized to place into the Verde River at the point 
downstream an amount of water sufficient, including all losses, to 
replace the water assigned by such entity or entities pursuant to 
this subsection. 
(1) The Secretary shall not construct any water conveyance 
facilities from the Sullivan Lake delivery point to any point 
downstream on the Verde River to replace water assigned 
pursuant to subsection (aX2) of this section, until he has com-
pleted a study to determine whether the flow of the Verde River 
may be augmented without jeopardizing the continued existence 
of Meda fulgida (spikedace) or any other threatened or endan-
gered species and, if the flow of the Verde may be so augmented, 
at what point or points downstream from the Sullivan Lake 
delivery point such augmentation would be most appropriate. 
(2) The Secretary shall, in conjunction with arrangements for 
the delivery of water pursuant to this subsection (d), develop 
and implement a monitoring program to ensure that the aug-
104 STAT. 4486 
PUBLIC LAW 101-628—NOV. 28, 1990 
mentation of the Verde River will not jeopardize the continued 
existence of Meda fulgida (spikedace) or any other threatened or 
endangered species. 
(e) If the Secretary acquires the CAP contract or subcontract of 
the Yavapai-Prescott Tribe or the City of Prescott, the Secretary is 
authorized to construct water conveyance facilities from the Sulli-
van Lake delivery point to the City of Prescott's existing pumping 
facilities in the Little Chino Valley, Yavapai County, Arizona. If the 
Secretary constructs such water conveyance facilities, the City of 
Prescott shall repay the Secretary for the costs thereof. Nothing in 
this subsection shall be construed to prevent the City of Prescott 
from constructing such conveyance facilities itself. 
(1) The Secretary shall delivei water to the City of Prescott's 
existing pumping facilities or to such other point as the Sec-
retary and the City of Prescott may agree, in an amount 
sufficient, including all losses, to replace the water acquired 
from the City of Prescott and the Yavapai-Prescott Tribe. 
(2) The Secretary is authorized and directed to enter into such 
agreements as are necessary to ensure that the Yavapai-Pres-
cott Tribe will receive its share of the water to be developed by 
the Secretary pursuant to this subsection (e). Such agreement 
shall set forth the cost and other terms of delivery of such 
water. 
(3) The Secretary is authorized and directed, at the request of 
the Yavapai-Prescott Indian Tribe, to enter into and renew 
agreements granting the Yavapai-Prescott Indian Tribe long-
term grazing privileges on the land acquired by the Secretary 
pursuant to subsection (a)(2) of this section: Provided, That the 
exercise of such privileges by the Yavapai-Prescott Indian Tribe 
shall not interfere with the exercise of water rights upon such 
land except for water reasonably needed by the Yavapai-Pres-
cott Indian Tribe in connection with grazing. 
(f) The Secretary is authorized to contract to deliver replacement 
water to the entities identified in subsections (d) and (e) of this 
section which relinquish CAP water to the Secretary for the benefit 
of the Community. The replacement water shall be delivered by the 
Secretary at the Sullivan Lake delivery point unless otherwise 
agreed by the Secretary and the entity to receive the water. No 
replacement water may be delivered to any entity other than those 
identified in subsection (a)(2) of their section or their agents, and no 
replacement water may be used directly or indirectly outside 
Yavapai County, Arizona. 
(g) The entities which relinquish CAP water to the Community 
pursuant to subsection (a)(2) of this section shall not be required to 
repay costs incurred by the United States pursuant to subsections (c) 
and (c)(3) of this section. The entities identified in subsection (d) of 
this section, except for any entity which is an Indian tribe, shall 
repay the United States so much of the cost of the undertaking 
identified in subsection (d) as the entities and the United States 
shall agree. The costs of any undertaking pursuant to this subsec-
tion (g) allocated to an Indian tribe shall be nonreimbursable. 
(h) The Secretary is authorized and directed to study the sources 
and cost of the water supplies, other than those identified in this 
section, that can be used to satisfy the water rights of the Yavapai-
Prescott Indian Tribe and of the Yavapai-Apache Indian Commu-
nity of the Camp Verde Reservation. A separate study shall be made 
for each tribe. Each study shall be commenced within one hundred 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4487 
and eighty days after the enactment of this Act and shall be 
completed within one year after it is commenced. Copies of such 
studies shall be provided to the Committee on Interior and Insular 
Affairs of the United States House of Representatives and the Select 
Committee on Indian Affairs of the United States Senate. 
(i) If the Secretary acquires water for the Community pursuant to 
subsection (a)(2) of this section, then the Secretary shall exclude, for 
the purpose of determining the allocation and repayment of costs of 
the CAP as provided in Article 9.3 of Contract No. 14-06-W-245 
between the United States and CAWCD dated December 15, 1972, 
and any amendment or revision thereof, the costs associated with 
such water from CAWCD's repayment obligation and such costs 
shall be non-reimbursable. 
(j) The Secretary shall, in the exercise of the authorities provided 
in subsection (a) of this section, comply with all applicable environ-
mental law. 
(k) If the Secretary acquires at least seven thousand acre-feet of 
CAP water from the entities identified in subsection (a)(2) of this 
section, there is authorized to be appropriated not to exceed 
$30,000,000 to pay the costs of acquiring the land and water re-
sources identified in subsection (c) of this section and the costs 
allocable to the construction of diversion, collection, and conveyance 
facilities described in subsection (c); costs allocable to the construc-
tion or diversion, collection, and conveyance facilities shall be ad-
justed by such amounts, if any, as may be justified by reason of 
ordinary fluctuations in construction costs as indicated by engineer-
ing cost indices applicable to the types of construction involved 
therein. 
(1) There is authorized to be appropriated such sums as may be Appropriation 
necessary to provide for the studies required in subsections (c)(1), authorization. 
(d)(1), and (h) of this section and for the monitoring programs 
described in subsections (c)(4) and (d)(2) of this section. 
SEC. 407. WATER DELIVERY CONTRACT AMENDMENTS; WATER LEASE. 
(a) The Secretary is authorized and directed to amend the CAP 
water delivery contract between the United States and the commu-
nity dated December 11, 1980 (herein referred to £is the "Community 
CAP Delivery Contract"), as follows: 
(1) to extend the term of such contract to December 31, 2099, 
and to provide for its subsequent renewal upon terms and 
conditions to be agreed upon by the parties prior to the expira-
tion of the extended term thereof; 
(2) to authorize the Community to lease the CAP water to 
which the Community is entitled under the Community CAP 
Delivery Contract to the City of Phoenix under the terms and 
conditions of the Project Water lease set forth in exhibit 
"20.2.2" to the Agreement for a term commencing January 1, 
2001, and ending December 31, 2099. 
O
t
>
) Notwithstanding any other provision of law, the amendments 
to the Community CAP Delivery Contract set forth in exhibit 
"20.2.1" to the Agreement and the terms and conditions of the 
Project Water Lease set forth in exhibit "20.2.2" to the Agreement 
are hereby authorized, approved, and confirmed. 
(c) The United States shall not impose upon the Community the 
operation, maintenance and replacement charges described and set 
forth in section "6(b)" of the Community CAP Delivery Contract or 
any other charge with respect to CAP water delivered or required to 
39-194 O - 91 - 4 : QL 3 Part 6 
104 STAT. 4488 
PUBLIC LAW 101-628—NOV. 28, 1990 
be delivered to the City of Phoenix as lessee of the Project Water 
Lease herein authorized. 
(d) The Community and the Secretary shall lease to the City of 
Phoenix, for a term commencing on January 1, 2001, and ending 
December 2099, for consideration in an amount agreed to by the 
Community and the City to be paid by the City to the Community, 
upon those reflected in the Project Water Lease set forth in exhibit 
"20.2.2" to the Agreement, the four thousand three hundred acre-
feet of CAP water to which the Community is entitled under the 
Community CAP Delivery Contract. The Project Water Lease shall 
specifically provide that— 
(1) the City of Phoenix, in accordance with its obligations 
under the Project Water Leases, shall pay all operation, mainte-
nance and replacement costs of such water to the United States, 
or, if directed by the Secretary, to the CAWCD: Provided, That 
such payments shall not be commenced earlier than October 1, 
1999; 
(2) except as otherwise provided in the Project Water Lease, 
the City of Phoenix shall not be obligated to pay water service 
capital charges or municipal and industrial subcontract charges 
or any other charges or pajonent for such CAP water other than 
the operation, maintenance, and replacement costs and lease 
payments as set forth in this subsection. 
(e) For the purpose of determining the allocation and repayment 
of costs of the CAP £is provided in Article 9.3 of Contract Numbered 
14-06-W-245 shall be United States of America and the CAWCD 
dated December 15, 1972, and any amendment or revision thereof, 
the costs associated with the delivery of CAP water pursuant to the 
Project Water Lease referred to in subsection (d) shall be 
nonreimbursable, and such costs shall be excluded from CAWCD's 
repayment obligation. 
(f) Notwithstanding any other provision statutory of or common 
law, the Community may, with the approval of the Secretary, lease 
water provided to the Community under section 406 of this Act for 
its fair market value for a term not to exceed 100 years as provided 
in the Agreement but in no event for use outside Pima, Pinal or 
Maricopa Counties, State of Arizona. If some or all of the water 
provided to the Community under section 406 of this Act is CAP 
water, the provisions of subsections of (a), (b), (c), (d), and (e) of this 
section 407 shall apply to any lease of such water. 
(g) Except as authorized by this section, no water made available 
to the Community or its members pursuant to the Agreement may 
be sold, leased, transferred, or in any way used off the Commu-
nity's reservation. 
(h) If water is acquired from the Salt and Verde watershed 
pursuant to section (406Xa)(3), no such water may be sold, leased, 
transferred, or in any way be used off of the Community's reserva-
tion. 
SEC. 408. FORT McDOWELL INDIAN COMMUNITY DEVELOPMENT FUND; 
LOAN. 
(a) As soon as practicable, the Community shall establish the Fort 
McDowell Indian Community Development Fund into which shall 
be deposited— 
(1) by the Secretary, the funds appropriated pursuant to 
subsection (b) of this section; £uid 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4489 
(2) by the State of Arizona, $2,000,000 required by paragraph 
21.4 of the Agreement. 
O
b
) There is hereby authorized to be appropriated, together with 
Appropriation 
interest accruing from one year after the date of enactment of this 
authorization. 
Act at a rate determined by the Secretary of the Treasury taking 
into account the average market yield on outstanding Federal 
obligations of comparable maturity, $23,000,000 which the Secretary 
shall deposit into the Community Development Fund for the 
Community to use in the design and construction of facilities to put 
to beneficial use the Community's water entitlement and for other 
economic and community development on the Fort McDowell Indian 
Reservation. 
(c) As of the date the authorizations contained in section 40903) of 
this Act become effective, the Community, in its discretion, may use 
the Development Fund, principal and income, to fulfill the purposes 
of the Agreement and this title: Provided, That no amount of the 
Federal or State appropriations deposited into the Development 
Fund may be used to make per capita payments to members of the 
Community. 
(d) As of the date the authorizations contained in section 4090?) of 
this Act become effective— 
(1) the Secretary shall have no further duties or responsibil-
ities with respect to the administration of, or expenditures from, 
the Development Fund, and 
(2) the United States shall not be liable for any claim or cause 
of action arising from the Community's use and expenditure of 
moneys from the Development Fund. 
(e) The Secretary is authorized and directed to provide to the 
Community a loan pursuant to the Small Reclamation Projects Act 
(Ch. 972, 70 Stat. 1044, 43 U.S.C. 422a, as amended), in the amount of 
$13,000,000, to be repaid over a term of fifty years without interest, 
for the purpose of constructing facilities for the conveyance and 
delivery of water on the Fort McDowell Indian Reservation: Pro-
vided, That any requirements for qualifying for the loan are hereby 
waived, including, but not limited to, the provisions of section 3, 
40D)(2), 5(a) and 5(c) of the Small Reclamation Projects Act. 
(1) The Community shall establish an account into which the 
Community shall deposit $1,000,000. The principal and all ac-
crued income shall be retained in such fund until such time as 
the Community's obligation to repay the loan under subsection 
(e) is fulfilled. 
(2) No appropriations for the construction of the CAP made 
after the date of enactment of this Act shall be used to plan, 
design, construct, or operate any facilities on the Fort McDowell 
Indian Reservation. 
SEC. 409. SATISFACTION OF CLAIMS. 
(a) The benefits realized by the Community's members under this 
Act shall constitute full and complete satisfaction of all members' 
claims for water rights or injuries to water rights under Federal and 
State laws (including claims for water rights in ground water, 
surface water, and effluent) from time immemorial to the effective 
date of this Act, and for any and all future claims of water rights 
(including claims for water rights in ground water, surface water, 
and effluent) from and after the effective date of this Act. 
(b) The Community and the Secretary on behalf of the United 
States are authorized, as part of the performance of the obligations 
104 STAT. 4490 
PUBLIC LAW 101-628—NOV. 28, 1990 
under the Agreement, to execute a waiver and release of all present 
and future claims of water rights or injuries to water rights (includ-
ing water rights in ground water, surface water, and effluent), from 
time immemorial to the effective date of this Act, and any and all 
future claims of water rights (including water rights in ground 
water, surface water, and effluent), from and after the effective date 
of this Act, which the Community and its members may have, 
against the United States, the State of Arizona or any agency or 
political subdivision thereof, or any other person, corporation, or 
municipal corporation, arising under the laws of the United States 
or the State of Arizona. 
(c) Except as provided in paragraphs 19.2 and 19.5 of the Agree-
ment, the United States shall not assert any claim against the State 
of Arizona or any political subdivision thereof, or any other person, 
corporation, or municipal corporation, arising under the laws of the 
United States or the State of Arizona in its own right or on behalf of 
the Community based upon— 
(1) water rights or injuries to water rights of the Community 
and its members; or 
(2) water rights or injuries to water rights held by the United 
States on behalf of the Community and its members. 
(d) In the event the authorizations contained in subsection (b) of 
this section do not become effective pursuant to section 412(a), the 
Community shall retain the right to assert past and future water 
rights claims as tc all reservation lands. 
SEC. 410. ENVIRONMENTAL COMPLIANCE. 
(a) Execution of the settlement Agreement by the Secretary as 
provided for in section 411(d) shall not constitute major Federal 
action under the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321 et seq.). The Secretary is directed to carry out all 
necessary environmental compliance, except as specifically directed 
otherwise herein, during the implementation 
phase of this 
settlement. 
Appropriation 
(b) There is hereby authorized to be appropriated such sums as 
authorization. 
jjj^y |jg necessary to carry out all necessary environmental compli-
ance associated with this settlement, including mitigation measures 
adopted by the Secretary. 
(c) With respect to this settlement, the Bureau of Reclamation 
shall be designated as the lead agency in regard to environmental 
compliance, and shall coordinate and cooperate with the other 
affected Federal agencies as required under applicable environ-
mental laws. 
(d) Except as specifically set forth herein, the Secretary shall 
comply with all aspects of NEPA and the Endangered Species Act 
(ESA) (16 U.S.C. 1531 et seq.), and other applicable environmental 
acts and regulations in proceeding through the implementation 
phase of this settlement: Provided, however, That in regard to NEPA 
compliance, the Secretary is precluded from studying or considering 
alternatives to the Community's on-reservation agriculture develop-
ment plans which will be facilitated by the settlement, or performed 
under the Small Reclamation Projects loan made pursuant to sec-
tion 408(e). 
SEC. 411. MISCELLANEOUS PROVISIONS. 
(a) In the event any party to the Agreement should file a lawsuit 
in Federal District Court relating only and directly to the 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4491 
43 use 1522 
note. 
interpretation or enforcement of this title or the Agreement, 
naming the United States of America or the Community as parties, 
authorization is hereby granted to join the United States of America 
and/or the Community in any such Htigation, and any claim by the 
United States of America or the Community to sovereign immunity 
from such suit is hereby waived. 
(b) The United States of America shall make no claims for re-
imbursement of costs arising out of the implementation of this title 
or the Agreement against any lands within the Fort McDowell 
Indian Reservation, and no assessment shall be made with regard to 
such costs against such lands. 
(c) Water received by entities other than the Community pursuant 
to the Agreement shall not affect any future allocation or 
reallocation of the CAP supply. 
(d) To the extent the Agreement does not conflict with the provi-
sions of this title, such Agreement is hereby approved, ratified, and 
confirmed. The Secretary is authorized and directed to execute and 
perform such Agreement. The Secretary is further authorized to 
execute any amendments to the Agreement and perform any action 
required by any amendments to the Agreement which may be 
mutually agreed upon by the parties. 
(e) As of the date the authorizations contained in section 409(b) of 
this Act become effective, section 302(a) of the Colorado River Basin 
Project Act (43 U.S.C. 1522(a)) shall no longer apply to the 
Community. 
(f) An easement for the construction, operation and maintenance 
of the Community's water diversion system on and within the lands 
identified in the Community's special permit extension application 
dated July 12, 1990, filed with the United States Forest Service, 
Department of Agriculture, is hereby granted in perpetuity. 
(g) As of the date the authorizations contained in section 409(b) of Effective date. 
this Act and in section 10(b) of the Salt River Pima-Maricopa Indian 
Community Water Rights Settlement Act (102 Stat. 2549) become 
effective, subsection 404(a) of this Act shall become effective as to 
the Salt River Pima-Maricopa Indian Community and the United 
States. 
(h) Section 7(a) of the Salt River Pima-Maricopa Indian Commu-
nity Water Rights Act (102 Stat. 2549) is hereby amended by striking 
102 Stat. 2553. 
the date "1990" and inserting in lieu thereof "1991." 
SEC. 412. EFFECTIVE DATE. 
(a) The authorizations contained in section 409(b) of this Act shall 
become effective as of the date the Secretary causes to be published 
in the Federal Register a statement of findings that: 
(1) the Secretary has signed a contract with the SRP for the 
storage and reregulation of the Community's Kent Decree water 
pursuant to section 404; 
(2) the RWCD subcontract for agricultural water service from 
CAP has been revised and executed as provided in section 
405(b); 
(3) the Secretary has acquired water pursuant to section 406 
and made it available for delivery for the benefit of the 
Community; 
(4) the funds authorized by section 408(b) have been appro-
priated and deposited into the Community IDevelopment Fund; 
(5) the loan authorized by section 408(e) has been provided to 
the Community; 
Federal 
Register, 
publication. 
104 STAT. 4492 
PUBLIC LAW 101-628—NOV. 28, 1990 
Natural 
resources. 
16 u s e 460eee. 
(6) the State of Arizona has appropriated and deposited into 
the Community Development Fund the $2,000,000 required by 
paragraph 21.4 of the Agreement; 
(7) the stipulation which is attached to the Agreement as 
exhibit "19.5 ' has been approved; and 
(8) the Agreement has been modified to the extent it is in 
conflict with this title and has been executed by the Secretary. 
(b) If the actions described in paragraphs (1), (2), (3), (4), (5), (6), (7), 
and (8) of subsection (a) of this section have not occurred by Decem-
ber 31, 1993, sections 4, 5(a), and 503), if they have not theretofore 
become effective pursuant to the provisions of the Act of October 20, 
1988 (Public Law 100-512), and sections 407, 408(a), 408(b), 408(e), 
409(b), 409(c), 411(a), 411(b), 411(c), 411(d), 411(e) and 411(f) of this Act 
and any contracts entered into pursuant to those provisions shall 
not thereafter be effective, and any funds appropriated pursuant to 
section 408(b) of this Act shall revert to the Treasury, and any funds 
appropriated pursuant to paragraph 21.4 of the Agreement shall 
revert to the State of Arizona. 
SEC. 413. OTHER CLAIMS. 
Nothing in the Agreement or this title shall be construed in any 
way to quantify or otherwise adversely affect the land and water 
rights, claims or entitlements to water of any Arizona Indian tribe, 
band or community, other than the Community. 
TITLE V—NATIONAL PARK SYSTEM UNITS IN TEXAS 
SEC. 501. EXPANSION OF SAN ANTONIO MISSIONS NATIONAL HISTORICAL 
PARK. 
(a) EXPANSION.—Section 201(a) of the Act entitled "An Act to 
amend the Pennsylvania Avenue Development Corporation Act of 
1972; to provide for the establishment of the San Antonio Missions 
National Historical Park; and other purposes" (16 U.S.C. 410ee(a)) is 
amended by inserting after the first sentence the following: "The 
park shall also consist of the lands and interests therein within the 
area bounded by the line depicted as 'Proposed Boundary Extension' 
on the maps entitled 'San Antonio Missions National Historical 
Park', numbered 472-80,075, 472-80,076, 472-80,077, 472-80,078, 
472-80,079, 472-80,080, and 472-80,081 and dated June 7, 1990, 
which shall be on file and available for public inspection in the same 
manner as is such drawing.". 
(b) 
DEVELOPMENT OF ESSENTIAL PUBLIC FACILITIES.—Section 
201(f)(2) of such Act is amended by striking "not more than 
$500,000." and inserting "not more than $15,000,000.". 
SEC. 502. LAKE MEREDITH NATIONAL RECREATION AREA 
(a) ESTABLISHMENT.—In order to provide for public outdoor recre-
ation use and enjoyment of the lands and waters associated with 
Lake Meredith in the State of Texas, and to protect the scenic, 
scientific, cultural, and other values contributing to the public 
enjoyment of such lands and waters, there is hereby established the 
Lake Meredith National Recreation Area (hereafter in this Act 
referred to as the "recreation area"). 
O
b
) AREA INCLUDED.—The recreation area shall consist of the 
lands, waters, and interests therein within the area generally de-
picted on the map entitled "Lake Meredith National Recreation 
Area Boundary Map, 'Fee-Take Line'", numbered SWRO—80,023-A, 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4493 
and dated September 1990. The map shall be on file and available 
for public inspection in the offices of the National Park Service, 
Department of the Interior. The Secretary of the Interior (hereafter 
in this Act referred to as the "Secretary") may from time to time 
make minor revisions in the boundary of the recreation area. 
(c) TRANSFER.—(1) Except as provided in paragraph (2), the Fed-
eral lands, waters, and interests therein within the recreation area 
are hereby transferred to the National Park Service. 
(2) Those lands depicted on the map referred to in subsection (b) 
that are necessary for the continued operation, maintenance, and 
replacement of the Canadian River Project facilities and its pur-
poses of providing for municipal and industrial water supply and 
flood control shall remain under the jurisdiction of the Bureau of 
Reclamation. 
SEC. 503. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall administer the recreation 
area in accordance with this Act and the provisions of law generally 
applicable to units of the national park system, including the Act 
entitled "An Act to establish a National Park Service, and for other 
purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), 
and the Act of August 7, 1946 (60 Stat. 885). In the administration of 
such recreation area, the Secretary may utilize such statutory 
authority as may be available to him for the protection of natural 
and cultural resources as he deems necessary to carry out the 
purposes of this Act. 
(b) OPERATION OF CANADIAN RIVER PROJECT.—Nothing in this Act 
shall be construed to affect or interfere with the authority of the 
Secretary under the Act of December 29, 1950 (Public Law 81-898; 
43 U.S.C. 600b et seq.), to operate Sanford Dam and Lake Meredith 
in accordance with and for the purposes set forth in that Act. 
(c) LAND ACQUISITION.—Within the boundary of the recreation 
area, the Secretary may acquire lands and interests in lands by 
purchase with donated or appropriated funds, exchange, or transfer 
without reimbursement from any Federal agency. 
(d) CULTURAL RESOURCES.—The Secretary shall conduct a survey 
of the cultural resources in the immediate vicinity of the recreation 
area. The Secretary is authorized to enter into cooperative agree-
ments with public or private entities, including landowners, for the 
purpose of conducting the survey required by this subsection. Not 
later than three years after the date on which funds have been made 
available, the Secretary shall submit a report to the Committee on 
Interior and Insular Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the 
results of the survey required by this subsection. 
(e) HUNTING AND FISHING.—(1) The Secretary shall permit hunting 
and fishing on lands and waters under the Secretary's jurisdiction 
within the recreation area in accordance with applicable Federal 
and State law. The Secretary may designate zones where, and 
establish periods when, hunting or fishing will not be permitted for 
reasons of public safety, administration, fish and wildlife manage-
ment, or public use and enjoyment. 
(2) Except in emergencies any regulations issued by the Secretary 
under this subsection shall be put into effect only after consultation 
with the appropriate State agencies responsible for hunting and 
fishing activities. 
16 use 
460eee-l. 
Reports. 
104 STAT. 4494 
PUBLIC LAW 101-628—NOV. 28, 1990 
16 use 
460eee-2. 
Mexico. 
16 use 460fff. 
(f) COOPERATIVE AGREEMENTS.—For purposes of administering the 
recreation area, the Secretary may enter into cooperative agree-
ments with any Federal agency, the State of Texas, or any poUtical 
subdivision thereof, including the Canadian River Municipal Water 
Authority, for the rendering, on a reimbursable basis, of rescue, 
firefighting, law enforcement, fire preventive assistance, and other 
needs. The Secretary may enter into a cooperative agreement with 
the city of Fritch, Texas, to develop and operate a joint venture 
information center. Federal funds may be expended on non-Federal 
lands and improvements through cooperative agreements for the 
purpose of this section on a 50-50 matching basis. 
SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of sections 502 and 503 of this 
Act. 
SEC. 
5
0
5
. ESTABLISHMENT 
OF 
AMISTAD NATIONAL 
RECREATION 
AREA. 
(a) In order to— 
(1) provide for public outdoor recreation use and enjoyment of 
the lands and waters associated with the United States portion 
of the reservoir known as Lake Amistad, located on the bound-
ary between the State of Texas and Mexico, and 
(2) protect the scenic, scientific, cultural, and other value 
contributing to the public enjoyment of such lands and waters, 
there is hereby established the Amistad National Recreation Area 
(hereafter in this section and section 506 referred to as the "recre-
ation area"). 
OJ) The recreation area shall consist of the Federal lands, waters, 
and interests therein within the area generally depicted on the map 
entitled "Boundary Map, Proposed Amistad National Recreation 
Area", numbered 621/20,013-B, and dated July 1969. The map shall 
be on file and available for public inspection in the offices of the 
National Park Service, Department of the Interior. The Secretary of 
the Interior (hereafter in this Act referred to as the "Secretary") 
may from time to time make minor revisions in the boundary of the 
recreation area, but the total acreage of the recreation area may not 
exceed 58,500 acres. Within the boundary of the recreation area, the 
Secretary may acquire lands and interests in lands by purchase with 
donated or appropriated funds, exchange, or transfer without re-
imbursement from any Federal agency. 
16 use 460fff-l. 
SEC. 506. ADMINISTRATION. 
(a) The Secretary shall administer the recreation area in accord-
ance with applicable provisions of this Act and the provisions of law 
generally applicable to units of the national park system, including 
the Act entitled "An Act to establish a National Park Service, and 
for other purposes", approved August 25, 1916 (39 Stat. 535; 16 
U.S.C. 1, 2-4), and the Act of August 7, 1946 (60 Stat. 885). In the 
administration of such recreation area, the Secretary may utilize 
such statutory authority as may be available to him for the protec-
tion of natural and cultural resources as he deems necessary to 
carry out the purposes of this Act. Nothing in this Act shall be 
construed to amend or alter the responsibilities of the International 
Boundary and Water Commission, United States and Mexico, under 
any applicable treaty. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4495 
(b) The administration of the recreation area by the Secretary 
shall be subject to and in accordance with all applicable treaties, 
including the treaty between the United States and Mexico relating 
to the utilization of waters of the Colorado and Tijuana Rivers and 
the Rio Grande, entered into force November 8, 1945 (59 Stat. 1219, 
and in accordance with the Act of July 7, 1960 (Public Law 86-605; 
74 Stat. 360), and any commitment or agreement entered into 
pursuant to such treaty or Act, including (but not limited to) 
commitments or agreements relating to— 
(1) the demarcation and maintenance of boundaries; 
(2) the use, storage, and furnishing of water; 
(3) control of floods; 
(4) investigations relative to the operation of the Amistad 
Dam; and 
(5) the production of hydroelectric energy. 
(c) The Secretary shall conduct a survey of the cultural resources 
in the immediate vicinity of the recreation area. The Secretary is 
authorized to enter into cooperative agreements with public or 
private entities, including landowners, for the purpose of conducting 
the survey required by this subsection. Not later than two years 
after the date of enactment of this Act, the Secretary shall submit a 
report to the Committee on Interior and Insular Affairs- of the 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the Senate on the results of the survey required by 
this subsection. 
(d)(1) The Secretary shall permit hunting and fishing on lands and 
waters under the Secretary's jurisdiction within the recreation area 
in accordance with applicable Federal and State law. The Secretary 
may designate zones where, and establish periods when, hunting or 
fishing will not be permitted for reasons of public safety, administra-
tion, fish and wildlife management, or public use and enjoyment. 
(2) Except in emergencies any regulations issued by the Secretary 
under this subsection shall be put into effect only after consultation 
with the appropriate State agencies responsible for hunting and 
fishing activities. 
(e) For purposes of administering the recreation area, the Sec-
retary may enter into cooperative agreements with any Federal 
agency, the State of Texas, or any political subdivision thereof, for 
the rendering, on a reimbursable basis, of rescue, firefighting, and 
law enforcement and fire preventive assistance. 
SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of sections 505 and 506 of this 
Act. 
Reports. 
16 u s e 460fff-2. 
TITLE VI—UNDERGROUND RAILROAD STUDY 
SEC. 601. PURPOSE. 
The purpose of this title is to study the Underground Railroad, its 
routes and operations in order to preserve and interpret this aspect 
of American history. 
SEC. 602. (a) The Secretary of the Interior, acting through the 
Director of the National Park Service, shall conduct a study of 
alternatives for commemorating and interpreting the Underground 
Railroad, the approximate routes taken by slaves escaping to free-
Historic 
preservation. 
16 u s e la-5 
note. 
104 STAT. 4496 
PUBLIC LAW 101-628—NOV. 28, 1990 
Government 
publications. 
Appropriation 
authorization. 
dom before the conclusion of the Civil War. The study shall 
include— 
(1) the consideration of the establishment of a new unit of the 
national park system; 
(2) the consideration of the establishment of various appro-
priate designations for those routes and sites utilized by the 
Underground Railroad, and alternative means to link those 
sites, including in Canada and Mexico; 
(3) recommendations for cooperative arrangements with State 
and local governments, local historical organizations, and other 
entities; and 
(4) cost estimates for the alternatives, 
(b) The study shall be— 
(1) conducted with public involvement and in consultation 
with the advisory committee established by section 4, State and 
local officials, scholarly and other interested organizations and 
individuals, 
(2) completed no later than two years after the date on which 
funds are made available for the study, and 
(3) submitted to the Committee on Interior and Insular Af-
fairs of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 
SEC. 603. Within three years after the date of enactment of this 
Act, the Secretary of the Interior, acting through the Director of the 
National Park Service, shall prepare and publish an interpretive 
handbook on the Underground Railroad in the larger context of 
American antebellum society, including the history of slavery and 
abolitionism. 
SEC. 604. (a) The Secretary, upon funds being made available to 
carry out this title, shall establish the Underground Railroad Ad-
visory Committee (hereafter in this subsection referred to as the 
"Advisory Committee"). The Advisory Committee shall be composed 
of nine members, appointed by the Secretary of the Interior, of 
whom— 
(1) three shall have expertise in African-American History; 
(2) two shall have expertise in historic preservation; 
(3) one shall have expertise in American History; and 
(4) three shall be from the general public. 
The Advisory Committee shall designate one of its members as 
Chairperson. 
(b) The Secretary, or the Secretary's designee, shall from time to 
time, but at least on three occasions, meet and consult with the 
Advisory Committee on matters relating to the study conducted 
under section 2. 
(c) Members of the Advisory Committee shall serve without com-
pensation as such, but the Secretary may pay expenses reasonably 
incurred in carrying out their responsibilities under this Act on 
vouchers signed by the Chairperson, 
SEC. 605. There are authorized to be appropriated such sums as 
may be necessary to carry out this title. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4497 
TITLE VII—SUDBURY, ASSABET, AND CONCORD RIVERS 
STUDY 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Sudbury, Assabet, and Concord 
Wild and Scenic River Study Act". 
SEC. 702. FINDINGS. 
The Congress finds that— 
(1) The Sudbury, Assabet, and Concord Rivers in the Common-
wealth of Massachusetts possess resource values of national 
significance, including outstanding wildlife and ecological 
values, historic sites, and a cultural past important to America's 
literary heritage. 
(2) Portions of this study segment have been listed on the 
Nationwide Rivers Inventory by the National Park Service. 
(3) There is strong support among State and local officials and 
area residents and river users for a cooperative wild and scenic 
river study of the area. 
(4) In view of the longstanding Federal practice of assisting 
States and local governments in protecting, conserving, and 
enhancing rivers of national significance, the United States has 
an interest in assisting the Commonwealth of Massachusetts 
and the appropriate local governments in studying and develop-
ing a resource conservation and management plan for the river, 
consistent with the Wild and Scenic Rivers Act. 
SEC. 703. WILD AND SCENIC RIVER STUDY. 
(a) LISTING FOR STUDY.—Section 5(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(a)) is amended by adding the following new 
paragraph at the end thereof: 
"( ) SUDBURY, ASSABET, AND CONCORD, MASSACHUSSETS.—The seg-
ment of the Sudbury from the Danforth Street Bridge in the town of 
Framingham, to its confluence with the Assabet, the Assabet from 
1,000 feet downstream of the Damon Mill Dam in Concord to its 
confluence with the Sudbury and the Concord from the confluence 
of the Sudbury and Assabet downstream to the Route 3 Bridge in 
the town of Billerica. The study of such river segments shall be 
completed and the report submitted thereon not later than at the 
end of the third fiscal year beginning after the date of enactment of 
this paragraph.". 
SEC. 704. ADVISORY COMMITTEE. 
(a) APPOINTMENT.—At the earliest practicable date following the 
enactment of this Act, but not later than forty-five days after 
enactment, the Secretary of the Interior (hereinafter referred to as 
the "Secretary") shall establish the Sudbury, Assabet, and Concord 
Rivers Study Committee (hereinafter referred to as the "Commit-
tee"). The Secretary shall consult with the Committee on a regular 
basis during the conduct of the study required by section 3 of this 
Act (hereafter "the study") and the preparation and submission, 
pursuant to section 4 of the Wild and Scenic Rivers Act, of a report 
with respect to the river segments covered by the study. 
(b) MEMBERSHIP AND PROCEDURES.— 
(1) Membership on the Committee shall consist of 13 members 
appointed by the Secretary as follows: 
Sudbury, 
Assabet, and 
Concord Wild 
and Scenic River 
Study Act. 
Massachusetts. 
16 u s e 1271 
note. 
Reports. 
104 STAT. 4498 
PUBLIC LAW 101-628—NOV. 28, 1990 
(A) One member shall be appointed by the Secretary from 
the Fish and Wildlife Service. 
(B) Two members shall be appointed by the Secretary 
from a list of candidates supplied to the Secretary by the 
Governor of the Commonwealth of Massachusetts. 
(C) One member shall be appointed by the Secretary from 
a list of candidates supplied to the Secretary by the Sud-
bury Valley Trustees. 
(D) One member shall be appointed by the Secretary from 
a list of candidates supplied to the Secretary by the 
Organization for the Assabet River. 
(E) One member each shall be appointed by the Secretary 
from lists of candidates supplied to the Secretary by the 
Board of Selectmen or equivalent local governing body of 
each of the eight towns located within the area covered by 
the study. 
(2) The members of the Committee shall elect a chairman, 
vice chairman, and recording secretary from the membership at 
the first official meeting of the Committee. Official minutes 
shall be kept of each regular and special meeting of the 
Committee and shall be open for public inspection. 
(3) Any vacancy on the Committee shall be filled in the same 
manner in which the original appointment was made. Any 
member appointed to fill a vacancy occurring before the expira-
tion of the term for which his predecessor was appointed shall 
be appointed only for the remainder of such term. Vacancies in 
the membership of the Committee shall not affect its power to 
function if there remain sufficient members to constitute a 
quorum under paragraph (4) of this subsection. 
(4) A majority of the members of the Committee shall con-
stitute a quorum for all meetings. 
(5) The Committee shall advise the Secretary in conducting 
the study and concerning management alternatives should 
some or all of the river segments studied be included in the 
National Wild and Scenic Rivers System. 
(6) Members of the Committee shall serve without compensa-
tion but may be reimbursed by the Secretary for reasonable and 
necessary expenses incurred by them in the performance of 
their duties as members of the Committee. 
(7) The Committee may accept and utilize the services of 
voluntary, uncompensated personnel. 
(8) The Committee shall terminate upon the submission to the 
President, pursuant to section 4 of the Wild and Scenic Rivers 
Act, of the report with respect to the river segments covered by 
the study. 
Appropriation 
SEC. 705. AUTHORIZATION. 
There are hereby authorized to be appropriated such sums as may 
be necessary to carry out the purposes of this title. 
TITLE VIII—PRIVATE RELIEF PROVISIONS 
Leroy W. 
SEC. 801. (a) Notwithstanding any other provision of law, includ-
Shebal. 
ing but not limited to section 8 of the Wild and Scenic Rivers Act (16 
U.S.C. 1279) or any provision of the public land laws of the United 
States, the Secretary of the Interior (hereinafter in this title re-
ferred to as the "Secretary") shall survey and convey all right, title. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4499 
and interest of the United States to the property described in 
subsection (b) to Leroy W. Shebal in exchange for the sum of $650 in 
1965 dollars adjusted for inflation to 1990 dollars, or $3,000 dollars, 
whichever is less, and subject to the following conditions: 
(1) any deed of conveyance shall provide that existing 
improvements on such property shall not be substantially ex-
panded and the use of such property shall be limited to prior or 
current levels; and 
(2) the United States shall reserve a right of first refusal to 
reacquire such property at fair market value (as set forth in the 
Uniform Relocation Assistance and Land Acquisition Policies 
Act of 1970 (Public Law 91-646, 84 Stat. 1905)) upon a decision 
by Leroy W. Shebal to convey such property or upon his death: 
Provided, That such right shall be extinguished if not exercised 
by the Secretary by payment in full within one year from (i) the 
date on which Leroy W. Shebal notifies the Secretary in writing 
of his decision to convey the property, or (ii) the death of Leroy 
W. Shebal, whichever occurs first. 
(b) The property referred to in subsection (a) is the approximately 
five acres of land located at Township 8 North, Range 1 West, 
Section 36, west half of the southwest quarter, Fairbanks Meridian, 
and described in Small Tract Application No. F-021611, which is 
currently under permit to Leroy W. Shebal. 
SEC. 802. Section IIIOOJ) of the Alaska National Interest Lands 
Conservation Act (Public Law 96-487, 94 Stat. 2371) shall not apply 
to the property described in section 5010t)). 
SEC. 803. The provisions of this title shall be effective only if Leroy 
W. Shebal notifies the Secretary in writing within one year from the 
date of enactment of this Act of his intention to purchase from the 
United States the property described in section 801(b). 
SEC. 804. Notwithstanding any other provision of law, the Sec-
retary of the Interior shall convey to Mr. and Mrs. Kenneth Blevins 
of Kuna, Idaho, by quitclaim deed or other appropriate instrument 
and without consideration, all right, title, and interest of the United 
States, excluding oil, gas, and other mineral deposits, in and to a 
parcel of public land described as the East half. Southeast Quarter 
(Ey2SEy4) of Section 33, Township 2 North, Range 1 East, of the 
Boise Meridian in Ada County, Idaho. 
TITLE IX—CAMP W.G. WILLIAMS LAND EXCHANGE 
SEC. 901. SHORT TITLE AND DEFINITIONS. 
(a) SHORT TITLE.—This title may be cited as the "Camp W.G. 
Williams Land Exchange Act of 1989". 
O
t
>
) DEFINITIONS.—As used in this title— 
(1) The term "Secretary" means the Secretary of the Interior. 
(2) The term "camp boundaries" means the exterior bound-
aries of Camp W.G. Williams after enactment of this Act, in 
Utah and Salt Lake Counties, Utah, as generally depicted on 
the map referenced in section 902(a) of this Act. 
SEC. 902. EXCHANGE. 
(a) OFFERS.—Notwithstanding any other provision of law, as soon 
as possible but not later than six months after the date of enactment 
of this Act, the Secretary shall offer to exchange lands identified as 
"FEDERAL LANDS OFFERED FOR EXCHANGE" on a map entitled "PRO-
POSED EXCHANGE FOR CAMP W.G. WILLIAMS, UTAH", dated AugUSt 25, 
Mr. and Mrs. 
Kenneth 
Blevins. 
Camp W.G. 
Williams Land 
Exchange Act of 
1989. 
Utah. 
104 STAT. 4500 
PUBLIC LAW 101-628—NOV. 28, 1990 
1989 (hereinafter referred to as the "map"), to the owners of tracts 
of private lands identified as "PRIVATE LANDS TO BE ADDED TO CAMP 
W.G. WILUAMS BY EXCHANGE AND WITHDRAWAL" On SUCh map. If the 
owners of any or all of such tracts of private lands accept the offer 
within two years after the date of enactment of this Act, then the 
Secretary as soon as practicable shall convey to such owner or 
owners or their designee title to so much of the identified land as is 
approximately equal in value to such tracts of private land as are 
simultaneously conveyed to the United States. 
(b) Any lands, identified on the map as "FEDERAL LANDS OFFERED 
FOR EXCHANGE", not exchanged shall be returned to the public 
domain. 
SEC. 
9
0
3
. 
BUREAU 
OF 
LAND 
MANAGEMENT 
LANDS. 
Lands identified on the map as "PUBLIC LANDS AT CAMP W.G. 
WILLIAMS TO BE WITHDRAWN" shall be transferred to the Department 
of the Army. 
SEC. 904. ARMY LANDS. 
Subject to the provisions of section 907, lands identified on the 
map 
as "WITHDRAWN LANDS TO BE RETURNED TO PUBLIC DOMAIN" 
shall be transferred to the Department of the Interior, returned to 
the public domain and managed accordingly. 
SEC. 905. ACQUISITIONS. 
The Secretary, in accordance with applicable law, is authorized to 
acquire, solely by donation or exchange from a willing seller, lands 
that are identified as 2a and 2b on the map, and is directed to 
transfer such lands to the Department of the Army for the explicit 
purpose of addition to Camp W.G. Williams. The Secretary of the 
Army shall modify the camp boundaries so as to encompass lands 
acquired pursuant to this subsection. 
SEC. 
9
0
6
. 
DEPARTMENT 
OF 
THE ARMY 
LANDS. 
(a) All lands transferred, exchanged, or acquired by this Act 
within the camp boundaries shall immediately become a part of 
Camp W.G. Williams and shall be administered and managed by the 
Department of the Army in accordance with the same laws, regula-
tions, and executive orders applicable to the lands under the juris-
diction of the Department of the Army adjoining such acquired 
tracts. 
(b) Subject to valid existing rights, no lands owned by the United 
States within the camp boundaries shall be available for any form of 
settlement, sale, location, or entry under the general land laws, 
including the mining laws, but not the mineral or geothermal 
leasing laws, and such lands shall be administered and managed by 
the Department of the Army. 
Effective date. 
(c) The provisions of this section shall be effective for a period of 
twenty years after the date of enactment of this Act, unless at the 
end of such twenty-year period, the Secretary of the Army deter-
mines that such lands are still required for purposes of national 
security, in which case the provisions of this section shall be effec-
tive for a period of forty years after the date of enactment of this 
Act. 
SEC. 907. REVOCATION OF EXECUTIVE ORDER, ETC. 
(a) REVOCATION.—(1) Executive Order 1922 of April 24, 1914, shall 
be revoked, only insofar as it affects lands outside of the camp 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4501 
boundaries and only upon acceptance by the Secretary of an appro-
priate certification by the Secretary of the Army that such lands do 
not contain any hazardous materials or substances, as defined by 
applicable Federal law. Upon such revocation, affected lands shall 
be returned to the public domain and managed accordingly. 
(2) The Secretary of the Army shall perform all inspections and Reports, 
other actions necessary to make the certification required in para-
graph (1), and shall report his findings to the Secretary, within one 
year after the date of enactment of this Act. Thereafter the Sec-
retary of the Army shall hold harmless the Secretary for any 
liability associated with any hazardous materials or substances as 
defined by applicable Federal law that were placed upon or reason-
ably appear to have been placed upon the land prior to the return of 
the subject lands to the public domain. 
(b) LiABiUTY.—Upon the acquisition by the United States of any 
lands or interest in land pursuant to this title, any liability accruing 
to the United States as a result of such acquisition shall be deemed 
to vest in the United States Department of the Army. In no event 
shall liability vest in the Department of the Interior. 
SEC. 908. MAPS AND LEGAL DESCRIPTIONS. 
As soon as practicable after the date of enactment of this Act, the 
Secretary shall publish in the Federal Register a legal description of 
the lands proposed to be exchanged by this title and shall file such 
maps and the legal descriptions with the Committee on Energy and 
Natural Resources of the United States Senate and with the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives. 
Federal 
Register, 
publication. 
TITLE X—TECHNICAL AMENDMENT TO TITLE V OF THE 
ARIZONA-IDAHO CONSERVATION ACT OF 1988 
SEC. 1001. Title V of the Arizona-Idaho Conservation Act of 1988 
(Public Law 100-696; 102 Stat. 4571) is amended as follows— 
(a) Section 501 is amended by inserting after the parenthet- 
102 Stat. 4593. 
ical phrase and before the words "which the Secretary deems 
necessary" the words "or other appropriate lands as selected by 
the State of Arizona under section 28 of the Act of June 20,1910 
(30 Stat. 557, as amended by the Act of June 5, 1935, 49 Stat. 
1477)". 
5 
(b) Section 5020?) is amended by adding the following new 
102 Stat. 4593. 
sentence at the end thereof: "With the consent of the State of 
Arizona and to the extent that the lands referred to in subsec-
tion (a) of this section are acquired by eminent domain, the 
Secretary may use as compensation the lands described in 
sections 501, and 507 (a)(1) and (a)(2) of this Act, and such other 
lands as the Secretary determines necessary to constitute the 
fair market value of the State of Arizona lands acquired by 
eminent domain.". 
(c) Section 507(b) is redesignated as section 507(c), and the 
102 Stat. 4593. 
following new subsection (b) is added as follows: 
"(b) CONVEYANCE TO THE STATE OF ARIZONA.—The Federal lands 
described in section 506(a) of this Act may be conveyed to the State 
of Arizona by the Secretary to the extent such conveyance is nec-
essary to establish fair market value compensation for State lands 
described in section 502(a) acquired by eminent domain pursuant to 
section 502(b).". 
104 STAT. 4502 
PUBLIC LAW 101-628—NOV. 28, 1990 
Take Pride in 
America Act. 
Natural 
resources. 
Cultural 
resources. 
Decorations, 
medals, awards. 
16 u s e 4601 
note. 
16 u s e 4601. 
16 u s e 4602. 
16 u s e 4603. 
16 u s e 4604. 
TITLE XI—TAKE PRIDE IN AMERICA PROGRAM 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Take Pride in America Act". 
SEC. 1102, ESTABLISHMENT OF TAKE PRIDE IN AMERICA PROGRAM. 
(a) IN GENERAL.—There is hereby established the Take Pride in 
America Program within the Department of the Interior (herein-
after referred to as the "TPIA Program"). 
(b) PURPOSES.—The purposes of the TPIA Program shall include 
the following: 
(1) To establish and maintain a public awareness campaign in 
cooperation 
with 
public and 
private 
organizations 
and 
individuals— 
(A) to instill in the public the importance of the appro-
priate use of, and appreciation for Federal, State, and local 
lands, facilities, and natural and cultural resources; 
(B) to encourage an attitude of stewardship and respon-
sibility toward these lands, facilities, and resources; and 
(C) to promote participation by individuals, organizations, 
and communities of a conservation ethic in caring for these 
lands, facilities, and resources. 
(2) To conduct a national awards program to honor those 
individuals and entities which, in the opinion of the Secretary of 
the Interior (hereafter in this Act referred to as the "Sec-
retary"), have distinguished themselves in the activities de-
scribed in paragraph (1) of this subsection. 
SEC. 1103. GIFTS AND BEQUESTS. 
(a) AUTHORITY.—The Secretary may solicit, accept, hold, admin-
ister, invest in government securities, and use gifts and bequests of 
money and other personal property to aid or facilitate the purposes 
of the TPIA Program. Property so donated and accepted shall not be 
subject to sequestration. 
(b) ACCOUNTING.—The Secretary shall maintain a full accounting 
of such gifts and bequests. 
(c) TREATMENT OF DONATIONS, ETC.—For purposes of Federal law, 
property accepted pursuant to this section shall be considered as a 
gift, bequest, or devise to the United States. 
(d) USE OF PROPERTY.—Any property and the proceeds thereof 
shall be used as nearly as practicable in accordance with the terms 
of the gift or bequest. 
SEC. 1104. ADMINISTRATIVE SERVICES. 
The Secretary of the Interior shall provide such facilities, adminis-
trative services, personnel, and support to the TPIA Program as the 
Secretary determines is necessary and appropriate. 
SEC. 1105. VOLUNTEERS. 
(a) AUTHORITY TO USE VOLUNTEERS.—The Secretary is authorized 
to recruit, train, and accept the services of individuals or entities, 
without compensation, as volunteers for or in aid of the purposes of 
the TPIA Program, without regard to the provisions of title 5, 
United States Code, that govern appointments in the competitive 
service, and the provisions of chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, that relate to classification 
and General Schedule pay rates. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4503 
Ot)) INCIDENTAL EXPENSES.—The Secretary is authorized to provide 
for the incidental expenses of such volunteers, such as transpor-
tation, uniforms, lodging, or subsistence. 
(c) VOLUNTEERS' STATUS AS FEDERAL EMPLOYEES,—(1) Except as 
otherwise provided in this subsection, a volunteer shall not be 
deemed a Federal employee and shall not be subject to the provi-
sions of law relating to Federal employment, including those provi-
sions relating to hours of work, rates of compensation, leave, 
unemployment compensation, and Federal employee benefits. 
(2) For purposes of chapter 171 of title 28, United States Code 
(commonly referred to as the "Federal Tort Claims Act"), a volun-
teer under this subsection shall be considered an employee of the 
government (as defined in section 2671 of such title). 
(3) For purposes of subchapter I of chapter 81 of title 5, United 
States Code, relating to compensation to Federal employees for work 
injuries, a volunteer under this subsection shall be considered an 
employee (as defined in section 8101 of title 5, United States Code). 
SEC. 1106. AUTHORITY TO EXECUTE CONTRACTS. 
The Secretary is authorized to enter into contracts and coopera-
tive agreements and generally to do any and all lawful acts nec-
essary or appropriate to further the purposes of the TPIA Program. 
SEC. 1107. DISTRIBUTION OF APPROPRIATE ITEMS. 
The Secretary is authorized to distribute pamphlets and other 
such appropriate items in order to promote the purposes of the TPIA 
Program. 
SEC. 1108. SLOGAN AND LOGO. 
The "Take Pride in America" slogan and logo, which are reg-
istered by the Department of the Interior, and the goodwill associ-
ated with such slogan and logo, shall be administered pursuant to 
the TPIA Program. 
SEC. 1109. AUTHORIZATION OF APPROPRIATIONS. 
(a) DEPARTMENT OF THE INTERIOR.—There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
carry out the purposes of this title, not to exceed the amount 
expended for such purposes for fiscal year 1990. 
(b) OTHER FEDERAL AGENCIES.—There are authorized to be appro-
priated to other Federal departments and agencies such sums as 
may be necessary to carry out the provisions of any other Take 
Pride in America programs established by such departments or 
agencies. 
16 u s e 4605. 
16 u s e 4606. 
16 u s e 4607. 
16 u s e 4608. 
TITLE XII—CIVIL WAR AND OTHER STUDIES 
SEC. 1201. SHORT TITLE. 
' 
This title may be cited as the "Civil War Sites Study Act of 1990". 
SEC. 1202. DEFINITIONS. 
For the purposes of this title— 
(1) the term "Commission" means the Civil War Sites Ad-
visory Commission established in section 105; 
(2) the term "Secretary" means the Secretary of the Interior; 
and 
Civil War Sites 
Study Act of 
1990. 
Historic 
preservation. 
16 u s e la-5 
note. 
16 u s e la-5 
note. 
104 STAT. 4504 
PUBLIC LAW 101-628—NOV. 28, 1990 
(3) the term "Shenandoah Valley Civil War sites" means 
those sites and structures situated in the Shenandoah Valley in 
the Commonwealth of Virginia which are thematically tied 
with the nationally significant events that occurred in the 
region during the Civil War, including, but not limited to, 
General Thomas "Stonewall" Jackson's 1862 "Valley Cam-
paign" and General Philip Sheridan's 1864 campaign culminat-
ing in the battle of Cedar Creek on October 19,1864. 
16 use la-5 
SEC. 1203. FINDINGS. 
The Congress finds that— 
(1) many sites and structures associated with the Civil War 
which represent important means by which the Civil War may 
continue to be understood and interpreted by the public are 
located in regions which are undergoing rapid urban and subur-
ban development; and 
(2) it is important to obtain current information on the signifi-
cance of such sites, threats to their integrity, and alternatives 
for their preservation and interpretation for the benefit of the 
Nation. 
16 use la-5 
SEC. 1204. SHENANDOAH VALLEY CIVIL WAR SITES STUDY. 
(a) STUDY.—(1) The Secretary is authorized and directed to pre-
pare a study of Shenandoah Valley Civil War sites. Such study shall 
identify the sites, determine the relative significance of such sites, 
assess short- and long-term threats to their integrity, and provide 
alternatives for the preservation and interpretation of such sites by 
Federal, State, and local governments, or other public or private 
entities, as may be appropriate. Such alternatives may include, but 
shall not be limited to, designation as units of the National Park 
System or as affiliated areas. The study shall examine methods and 
make recommendations to continue current land use practices, such 
as agriculture, where feasible. 
(2) The Secretary shall designate at least two nationally recog-
nized Civil War historians to participate in the study required by 
paragraph (1). 
(3) The study shall include the views and recommendations of the 
National Park System Advisory Board. 
(b) TRANSMITTAL TO CONGRESS.—Not later than 1 year after the 
date that funds are made available for the study referred to in 
subsection (a), the Secretary shall transmit such study to the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the United States Senate. 
16 use la-5 
SEC. 1205. ESTABLISHMENT OF CIVIL WAR SITES ADVISORY COMMISSION. 
(a) IN GENERAL.—There is hereby established the Civil War Sites 
Advisory Commission. The Commission shall consist of thirteen 
members appointed as follows: 
(1) Twice individuals who are nationally recognized as experts 
and authorities on the history of the Civil War, and two individ-
uals who are nationally recognized as experts and authorities in 
historic preservation and land use planning, appointed by the 
Secretary. 
(2) The Director of the National Park Service or his or her 
designee. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4505 
(3) The chair of the Advisory Council on Historic Preserva-
tion, or his or her designee. 
(4) Three individuals appointed by the Speaker of the United 
States House of Representatives in consultation with the Chair-
man and Ranking Minority Member of the Committee on In-
terior and Insular Affairs. 
(5) Three individuals appointed by the President Pro Tempore 
of the United States Senate in consultation with the Chairman 
and Ranking Minority Member of the Committee on Energy 
and Natural Resources. 
(b) CHAIR.—The Commission shall elect a chair from among its 
members. 
(c) VACANCIES.—Vacancies occurring on the Commission shall not 
affect the authority of the remaining members of the Commission to 
carry out the functions of the Commission. Any vacancy in the 
Commission shall be promptly filled in the same manner in which 
the original appointment was made. 
(d) QUORUM.—A simple majority of Commission members shall 
constitute a quorum. 
(e) MEETINGS.—The Commission shall meet at least quarterly or 
upon the call of the chair or a majority of the members of the 
Commission. 
(f) COMPENSATION.—Members of the Commission shall serve with-
out compensation. Members of the Commission, when engaged in 
official Commission business, shall be entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in government service under sec-
tion 5703 of title 5, United States Code. 
(g) TERMINATION.—The Commission established pursuant to this 
section shall terminate 90 days after the transmittal of the report to 
Congress as provided in section 8(c). 
SEC. 1206. STAFF OF THE COMMISSION. 
16 USC la-5 
(a) EXECUTIVE DIRECTOR.—The Director of the National Park Serv-
ice, or his or her designee, shall serve as the Executive Director of 
the Commission. 
(h) STAFF.—The Director of the National Park Service shall, on a 
reimbursable basis, detail such staff as the Commission may require 
to carry out its duties. 
(c) STAFF OF OTHER AGENCIES.—Upon the request of the Commis-
sion, the head of any Federal agency may detail, on a reimbursable 
basis, any of the personnel of such agency to the Commission to 
assist the Commission in carrying out its duties. 
(d) EXPERTS AND CONSULTANTS.—Subject to such rules as may be 
adopted by the Commission, the Commission may procure tem-
porary and intermittent services to the same extent as authorized by 
section 310903) of title 5, United States Code, but at rates determined 
by the Commission to be reasonable. 
SEC. 1207. POWERS OF THE COMMISSION. 
16 USC la-5 
(a) IN GENERAL.—The Commission may for the purpose of carry-
ing out this title hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission may deem advisable. 
OJ) BYLAWS.—The Commission may make such bylaws, rules and 
regulations, consistent with this title, as it considers necessary to 
carry out its functions under this title. 
104 STAT. 4506 
PUBLIC LAW 101-628—NOV. 28, 1990 
(c) DELEGATION.—When so authorized by the Commission, any 
member or agent of the Commission may take any action which the 
Commission is authorized to take by this section. 
(d) MAILS.—The Commission may use the United States mails in 
the same manner and upon the same conditions as other depart-
ments and agencies of the United States. 
16 use la-5 
SEC. 1208. DUTIES OF THE COMMISSION. 
(a) PREPARATION OF STUDY.—The Commission shall prepare a 
study of historically significant sites and structures in the United 
States associated with the Civil War, other than Shenandoah Valley 
Civil War sites. Such study shall identify the sites, determine the 
relative significance of such sites, assess short- and long-term 
threats to their integrity, and provide alternatives for the preserva-
tion and interpretation of such sites by Federal, State and local 
governments, or other public or private entities, as may be appro-
priate. The Commission shall research and propose innovative open 
space and land preservation techniques. Such alternatives may 
include but shall not be limited to designation as units of the 
National Park System or as affiliated areas. The study may include 
existing units of the National Park System. 
(b) CONSULTATION.—During the preparation of the study referred 
to in subsection (a), the Commission shall consult with the Gov-
ernors of affected States, affected units of local government. State 
and local historic preservation organizations, scholarly organiza-
tions, and such other interested parties as the Commission deems 
advisable. 
(c) TRANSMITTAL TO THE SECRETARY AND CONGRESS.—Not later 
than 2 years after the date that funds are made available for the 
study referred to in subsection (a), the Commission shall transmit 
such study to the Secretary and the Committee on Interior and 
Insular Affairs of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United 
States Senate. 
(d) REPORT.—Whenever the Commission submits a report of the 
study to the Secretary or the Office of Management and Budget, it 
shall concurrently transmit copies of that report to the Committee 
on Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural Re-
sources of the United States Senate. 
16 use la-5 
SEC. 1209. REVISION OF THEMATIC FRAMEWORK. 
In coordination with the major scholarly and 
professional 
organizations associated with the disciplines of history, archeology, 
architecture, and closely related fields, the Secretary shall under-
take a complete revision of the National Park Service "Thematic 
Framework" to reflect current scholarship and research on (1) 
American history and culture, (2) historic and prehistoric archeol-
ogy, and (3) architecture. The revision shall be transmitted to the 
United States House of Representatives Committee on Interior and 
Insular Affairs and the United States Senate Committee on Energy 
and Natural Resources not later than 18 months after the date of 
enactment of this Act. In making such revision, the Secretary shall 
ensure that the full diversity of American history and prehistory are 
represented in the revised "Thematic Framework". 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4507 
SEC. 1210. AUTHORIZATION OF APPROPRIATIONS. 
16 USC la-5 
There are hereby authorized to be appropriated such sums not to "° ^' 
exceed $2,000,000 to carry out the purposes of this title. 
SEC. 1211. NATIONAL PARK SYSTEM ADVISORY BOARD. 
16 USC 463. 
Section 3 of the Act of August 21, 1935, entitled "An Act to 
provide for the preservation of historic American sites, buildings, 
objects, and antiquities of national significance, and for other pur-
poses" (16 U.S.C. 461-467; 49 Stat. 666 et seq.) is amended— 
(1) in the first sentence of subsection (a)— 
(A) by striking "twelve" and inserting "sixteen"; 
(B) by striking "United States," and inserting "United 
States who have a demonstrated commitment to the Na-
tional Park System,"; and 
(C) by striking "and natural science," and inserting 
"anthropology, biology, geology, and related disciplines,"; 
(2) by adding at the end of subsection (a) the following: "Such 
board shall also provide recommendations on the designation of 
national historic landmarks and national natural landmarks. 
Such board is strongly encouraged to consult with the major 
scholarly and professional organizations in the appropriate dis-
ciplines in making such recommendations."; 
(3) in the first sentence of subsection (b), by striking "1990" 
and inserting "1995"; and 
(4) in the second sentence of subsection Qo), by striking "In" 
and inserting "The provisions of section 14(b) of the Federal 
Advisory Committee Act (the Act of October 6, 1972; 86 Stat. 
776) are hereby waived with respect to the Board, but in". 
SEC. 1212. NATIONAL PARK SYSTEM ADVISORY COUNCIL. 
Section 3 of the Act of August 21, 1935, entitled "An Act to 
provide for the preservation of historic American sites, buildings, 
objects, and antiquities of national significance, and for other pur-
poses" (16 U.S.C. 461-467; 49 Stat. 666 et seq.) is amended by adding 
at the end the following: 
"(c) There is hereby established the National Park Service Ad-
visory Council (hereafter in this section referred to as the "advisory 
council") which shall provide advice and counsel to the National 
Park System Advisory Board. Membership on the advisory council 
shall be limited to those individuals whose term on the advisory 
board has expired. Such individuals may serve as long as they 
remain active except that not more than 12 members may serve on 
the advisory council at any one time. Members of the advisory 
council shall not have a vote on the National Park System Advisory 
Board. Members of the advisory council shall receive no salary but 
may be paid expenses incidental to travel when engaged in discharg-
ing their duties as members. Initially, the Secretary shall choose 12 
former members of the Advisory Board to constitute the advisory 
council. In so doing, the Secretary shall consider their professional 
expertise and demonstrated commitment to the National Park 
System and to the Advisory Board.". 
SEC. 1213. The Secretary of the Interior (hereafter in this title 
5^®P°^., „ 
referred to as the "Secretary") is authorized and directed to conduct 
^" ^°^ ^^ ^• 
a systematic and comprehensive review of certain aspects of the 
National Park System and to submit on a periodic basis but not 
later than every 3 years a report to the Committee on Interior and 
Insular Affairs and the Committee on Appropriations of the United 
104 STAT. 4508 
PUBLIC LAW 101-628—NOV. 28, 1990 
States House of Representatives and the Committee on Energy and 
Natural Resources and the Committee on Appropriations of the 
United States Senate on the findings of such review, together with 
such recommendations as the Secretary determines necessary. The 
first report shall be submitted no later than 3 years after the date of 
enactment of this Act. 
16 use la-lO. 
SEC. 1214. In conducting and preparing the report referred to in 
section 1, the Secretary shall consult with appropriate officials of 
affected Federal, State and local agencies, together with national, 
regional, and local organizations, including but not limited to hold-
ing such public hearings as the Secretary determines to be appro-
priate to provide a full opportunity for public comment. 
16 use la-11. 
SEC. 1215. The report shall contain— 
(a) A comprehensive listing of all authorized but unacquired 
lands within the exterior boundaries of each unit of the Na-
tional Park System as of the date of enactment. 
(b) A priority listing of all such unacquired parcels by individ-
ual park unit and for the National Park System as a whole. The 
list shall describe the acreage and ownership of each parcel, the 
estimated cost of acquisition for each parcel (subject to any 
statutory acquisition limitations for such lands), and the basis 
for such estimate. 
(c) An analysis and evaluation of the current and future needs 
of each unit of the National Park System for resource manage-
ment, interpretation, construction, operation and maintenance, 
personnel, housing, together with an estimate of the costs 
thereof. 
16 use la-12. 
SEC. 1216. Within one year after the date of enactment, the 
Secretary shall develop criteria to evaluate any proposed changes to 
the existing boundaries of individual park units including— 
(a) analysis of whether or not the existing boundary provides 
for the adequate protection and preservation of the natural, 
historic, cultural, scenic and recreational resources integral to 
the unit; 
(b) an evaluation of each parcel proposed for addition or 
deletion to the unit based on the analysis under paragraph (1); 
(c) an assessment of the impact of potential boundary adjust-
ments taking into consideration the factors in paragraph (c) as 
well as the effect of the adjustments on the local communities 
and surrounding area. 
^ 
16 use la-13. 
SEC. 1217. In proposing any boundary change after the date of 
enactment of this section, the Secretary shall— 
(a) consult with affected agencies of State and local govern-
ments surrounding communities, affected landowners and pri-
vate national, regional, and local organizations; 
(b) apply the criteria developed pursuant to section 1216 and 
accompany this proposal with a statement reflecting the results 
of the application of such criteria; 
(c) include with such proposal an estimate of the cost for 
acquisition of any parcels proposed for acquisition together with 
the basis for the estimate and a statement on the relative 
priority for the acquisition of each parcel within the priorities 
for acquisition of other lands for such unit and for the National 
Park System. 
PUBLIC LAW 101-628—NOV. 28, 1990 
104 STAT. 4509 
TITLE XIII 
SEC. 1301. This Act may be cited as the "Clarks Fork Wild and 
Scenic River Designation Act of 1990". 
SEC. 1302. DESIGNATION OF RIVER. 
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), 
£is amended, is further amended by adding at the end the following: 
"( ) CLARKS FORK, WYOMING.—(A) The twenty and five-tenths-
mile segment from the west boundary of section 3, township 56 
north, range 106 west at the Crandall Creek Bridge downstream to 
the north boundary of section 13, township 56 north, range 104 west 
at Clarks Fork Canyon; to be administered by the Secretary of 
Agriculture as a wild river. Notwithstanding subsection (b), the 
boundary of the segment shall include all land within four hundred 
and forty yards from the ordinary high water mark on both sides of 
the river. No land or interest in land may be acquired with respect 
to the segment without the consent of the owner thereof. For the 
purposes of carrjdng out this paragraph, there is authorized to be 
appropriated $500,000 for development and $750,000 for the acquisi-
tion of land and interests therein. 
"(B) Designation of a segment of the Clarks Fork by this para-
graph as a component of the Wild and Scenic Rivers System shall 
not be utilized in any Federal proceeding, whether concerning a 
license, permit, right-of-way, or any other Federal action, as a 
reason or basis to prohibit the development or operation of any 
water impoundment, diversion facility, or hydroelectric power and 
transmission facility located entirely downstream from the segment 
of the river designated by this paragraph: Provided, That water 
from any development shall not intrude upon such segment. Con-
gress finds that development of water impoundments, diversion 
facilities, and hydroelectric power and transmission facilities located 
entirely downstream from the segment of the river is not incompat-
ible with its designation as a component of the Wild and Scenic 
Rivers System. 
"(C) The Secretary of Agriculture is directed to apply for the 
quantification of the water right reserved by the inclusion of a 
portion of the Clarks Fork in the Wild and Scenic Rivers System in 
accordance with the procedural requirements of the laws of the 
State of Wyoming: Provided, That, notwithstanding any provision of 
the laws of the State of Wyoming otherwise applicable to the 
granting and exercise of water rights, the purposes for which the 
Clarks Fork is designated, as set forth in this Act and this para-
graph, are declared to be beneficial uses and the priority date of 
such right shall be the date of enactment of this paragraph. 
Clarks Fork 
Wild and Scenic 
River 
Designation Act 
of 1990. 
16 u s e 1271 
note. 
Appropriation 
authorization. 
104 STAT. 4510 
PUBLIC LAW 101-628—NOV. 28, 1990 
"(D) The comprehensive management plan developed under 
subsection (d) for the segment designated by this paragraph shall 
provide for all such measures as may be necessary in the control of 
fire, insects, and diseases to fully protect the values for which the 
segment is designated as a wild river.". 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—H.R. 2570 {See S. 3068): 
HOUSE REPORTS: No. 101-405 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-359 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Feb. 28, considered and passed House. 
Oct. 27, considered and psissed Senate, amended. House concurred in Senate 
amendment with an amendment. Senate concurred in House amendment.