Omnibus Public Land Management Act of 2009
PL 111-11 (H.R.146), enacted 03/30/2009

123 STAT. 991 
PUBLIC LAW 111–11—MAR. 30, 2009 
Public Law 111–11 
111th Congress 
An Act 
To designate certain land as components of the National Wilderness Preservation 
System, to authorize certain programs and activities in the Department of the 
Interior and the Department of Agriculture, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Omnibus 
Public Land Management Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 
SYSTEM 
Subtitle A—Wild Monongahela Wilderness 
Sec. 1001. Designation of wilderness, Monongahela National Forest, West Virginia. 
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela Na-
tional Forest. 
Sec. 1003. Monongahela National Forest boundary confirmation. 
Sec. 1004. Enhanced Trail Opportunities. 
Subtitle B—Virginia Ridge and Valley Wilderness 
Sec. 1101. Definitions. 
Sec. 1102. Designation of additional National Forest System land in Jefferson Na-
tional Forest as wilderness or a wilderness study area. 
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson 
National Forest, Virginia. 
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, 
Virginia. 
Sec. 1105. Trail plan and development. 
Sec. 1106. Maps and boundary descriptions. 
Sec. 1107. Effective date. 
Subtitle C—Mt. Hood Wilderness, Oregon 
Sec. 1201. Definitions. 
Sec. 1202. Designation of wilderness areas. 
Sec. 1203. Designation of streams for wild and scenic river protection in the Mount 
Hood area. 
Sec. 1204. Mount Hood National Recreation Area. 
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek. 
Sec. 1206. Land exchanges. 
Sec. 1207. Tribal provisions; planning and studies. 
Subtitle D—Copper Salmon Wilderness, Oregon 
Sec. 1301. Designation of the Copper Salmon Wilderness. 
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon. 
Sec. 1303. Protection of tribal rights. 
Subtitle E—Cascade-Siskiyou National Monument, Oregon 
Sec. 1401. Definitions. 
Omnibus 
Public Land 
Management Act 
of 2009. 
16 USC 1 note. 
Mar. 30, 2009 
[H.R. 146] 
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123 STAT. 992 
PUBLIC LAW 111–11—MAR. 30, 2009 
Sec. 1402. Voluntary grazing lease donation program. 
Sec. 1403. Box R Ranch land exchange. 
Sec. 1404. Deerfield land exchange. 
Sec. 1405. Soda Mountain Wilderness. 
Sec. 1406. Effect. 
Subtitle F—Owyhee Public Land Management 
Sec. 1501. Definitions. 
Sec. 1502. Owyhee Science Review and Conservation Center. 
Sec. 1503. Wilderness areas. 
Sec. 1504. Designation of wild and scenic rivers. 
Sec. 1505. Land identified for disposal. 
Sec. 1506. Tribal cultural resources. 
Sec. 1507. Recreational travel management plans. 
Sec. 1508. Authorization of appropriations. 
Subtitle G—Sabinoso Wilderness, New Mexico 
Sec. 1601. Definitions. 
Sec. 1602. Designation of the Sabinoso Wilderness. 
Subtitle H—Pictured Rocks National Lakeshore Wilderness 
Sec. 1651. Definitions. 
Sec. 1652. Designation of Beaver Basin Wilderness. 
Sec. 1653. Administration. 
Sec. 1654. Effect. 
Subtitle I—Oregon Badlands Wilderness 
Sec. 1701. Definitions. 
Sec. 1702. Oregon Badlands Wilderness. 
Sec. 1703. Release. 
Sec. 1704. Land exchanges. 
Sec. 1705. Protection of tribal treaty rights. 
Subtitle J—Spring Basin Wilderness, Oregon 
Sec. 1751. Definitions. 
Sec. 1752. Spring Basin Wilderness. 
Sec. 1753. Release. 
Sec. 1754. Land exchanges. 
Sec. 1755. Protection of tribal treaty rights. 
Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California 
Sec. 1801. Definitions. 
Sec. 1802. Designation of wilderness areas. 
Sec. 1803. Administration of wilderness areas. 
Sec. 1804. Release of wilderness study areas. 
Sec. 1805. Designation of wild and scenic rivers. 
Sec. 1806. Bridgeport Winter Recreation Area. 
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest. 
Sec. 1808. Ancient Bristlecone Pine Forest. 
Subtitle L—Riverside County Wilderness, California 
Sec. 1851. Wilderness designation. 
Sec. 1852. Wild and scenic river designations, Riverside County, California. 
Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto 
Mountains National Monument. 
Subtitle M—Sequoia and Kings Canyon National Parks Wilderness, California 
Sec. 1901. Definitions. 
Sec. 1902. Designation of wilderness areas. 
Sec. 1903. Administration of wilderness areas. 
Sec. 1904. Authorization of appropriations. 
Subtitle N—Rocky Mountain National Park Wilderness, Colorado 
Sec. 1951. Definitions. 
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado. 
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects. 
Sec. 1954. East Shore Trail Area. 
Sec. 1955. National forest area boundary adjustments. 
Sec. 1956. Authority to lease Leiffer tract. 
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123 STAT. 993 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle O—Washington County, Utah 
Sec. 1971. Definitions. 
Sec. 1972. Wilderness areas. 
Sec. 1973. Zion National Park wilderness. 
Sec. 1974. Red Cliffs National Conservation Area. 
Sec. 1975. Beaver Dam Wash National Conservation Area. 
Sec. 1976. Zion National Park wild and scenic river designation. 
Sec. 1977. Washington County comprehensive travel and transportation manage-
ment plan. 
Sec. 1978. Land disposal and acquisition. 
Sec. 1979. Management of priority biological areas. 
Sec. 1980. Public purpose conveyances. 
Sec. 1981. Conveyance of Dixie National Forest land. 
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute Indians. 
Sec. 1983. Authorization of appropriations. 
TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS 
Subtitle A—National Landscape Conservation System 
Sec. 2001. Definitions. 
Sec. 2002. Establishment of the National Landscape Conservation System. 
Sec. 2003. Authorization of appropriations. 
Subtitle B—Prehistoric Trackways National Monument 
Sec. 2101. Findings. 
Sec. 2102. Definitions. 
Sec. 2103. Establishment. 
Sec. 2104. Administration. 
Sec. 2105. Authorization of appropriations. 
Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area 
Sec. 2201. Definitions. 
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Con-
servation Area. 
Sec. 2203. Management of the Conservation Area. 
Sec. 2204. Authorization of appropriations. 
Subtitle D—Snake River Birds of Prey National Conservation Area 
Sec. 2301. Snake River Birds of Prey National Conservation Area. 
Subtitle E—Dominguez-Escalante National Conservation Area 
Sec. 2401. Definitions. 
Sec. 2402. Dominguez-Escalante National Conservation Area. 
Sec. 2403. Dominguez Canyon Wilderness Area. 
Sec. 2404. Maps and legal descriptions. 
Sec. 2405. Management of Conservation Area and Wilderness. 
Sec. 2406. Management plan. 
Sec. 2407. Advisory council. 
Sec. 2408. Authorization of appropriations. 
Subtitle F—Rio Puerco Watershed Management Program 
Sec. 2501. Rio Puerco Watershed Management Program. 
Subtitle G—Land Conveyances and Exchanges 
Sec. 2601. Carson City, Nevada, land conveyances. 
Sec. 2602. Southern Nevada limited transition area conveyance. 
Sec. 2603. Nevada Cancer Institute land conveyance. 
Sec. 2604. Turnabout Ranch land conveyance, Utah. 
Sec. 2605. Boy Scouts land exchange, Utah. 
Sec. 2606. Douglas County, Washington, land conveyance. 
Sec. 2607. Twin Falls, Idaho, land conveyance. 
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada. 
Sec. 2609. Park City, Utah, land conveyance. 
Sec. 2610. Release of reversionary interest in certain lands in Reno, Nevada. 
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria. 
TITLE III—FOREST SERVICE AUTHORIZATIONS 
Subtitle A—Watershed Restoration and Enhancement 
Sec. 3001. Watershed restoration and enhancement agreements. 
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123 STAT. 994 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle B—Wildland Firefighter Safety 
Sec. 3101. Wildland firefighter safety. 
Subtitle C—Wyoming Range 
Sec. 3201. Definitions. 
Sec. 3202. Withdrawal of certain land in the Wyoming range. 
Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in 
the Wyoming range. 
Subtitle D—Land Conveyances and Exchanges 
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska. 
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana. 
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Ex-
change. 
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico. 
Sec. 3305. Kittitas County, Washington, land conveyance. 
Sec. 3306. Mammoth Community Water District use restrictions. 
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah. 
Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness. 
Sec. 3309. Sandia pueblo land exchange technical amendment. 
Subtitle E—Colorado Northern Front Range Study 
Sec. 3401. Purpose. 
Sec. 3402. Definitions. 
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study. 
TITLE IV—FOREST LANDSCAPE RESTORATION 
Sec. 4001. Purpose. 
Sec. 4002. Definitions. 
Sec. 4003. Collaborative Forest Landscape Restoration Program. 
Sec. 4004. Authorization of appropriations. 
TITLE V—RIVERS AND TRAILS 
Subtitle A—Additions to the National Wild and Scenic Rivers System 
Sec. 5001. Fossil Creek, Arizona. 
Sec. 5002. Snake River Headwaters, Wyoming. 
Sec. 5003. Taunton River, Massachusetts. 
Subtitle B—Wild and Scenic Rivers Studies 
Sec. 5101. Missisquoi and Trout Rivers Study. 
Subtitle C—Additions to the National Trails System 
Sec. 5201. Arizona National Scenic Trail. 
Sec. 5202. New England National Scenic Trail. 
Sec. 5203. Ice Age Floods National Geologic Trail. 
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail. 
Sec. 5205. Pacific Northwest National Scenic Trail. 
Sec. 5206. Trail of Tears National Historic Trail. 
Subtitle D—National Trail System Amendments 
Sec. 5301. National Trails System willing seller authority. 
Sec. 5302. Revision of feasibility and suitability studies of existing national historic 
trails. 
Sec. 5303. Chisholm Trail and Great Western Trails Studies. 
Subtitle E—Effect of Title 
Sec. 5401. Effect. 
TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS 
Subtitle A—Cooperative Watershed Management Program 
Sec. 6001. Definitions. 
Sec. 6002. Program. 
Sec. 6003. Effect of subtitle. 
Subtitle B—Competitive Status for Federal Employees in Alaska 
Sec. 6101. Competitive status for certain Federal employees in the State of Alaska. 
Subtitle C—Wolf Livestock Loss Demonstration Project 
Sec. 6201. Definitions. 
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123 STAT. 995 
PUBLIC LAW 111–11—MAR. 30, 2009 
Sec. 6202. Wolf compensation and prevention program. 
Sec. 6203. Authorization of appropriations. 
Subtitle D—Paleontological Resources Preservation 
Sec. 6301. Definitions. 
Sec. 6302. Management. 
Sec. 6303. Public awareness and education program. 
Sec. 6304. Collection of paleontological resources. 
Sec. 6305. Curation of resources. 
Sec. 6306. Prohibited acts; criminal penalties. 
Sec. 6307. Civil penalties. 
Sec. 6308. Rewards and forfeiture. 
Sec. 6309. Confidentiality. 
Sec. 6310. Regulations. 
Sec. 6311. Savings provisions. 
Sec. 6312. Authorization of appropriations. 
Subtitle E—Izembek National Wildlife Refuge Land Exchange 
Sec. 6401. Definitions. 
Sec. 6402. Land exchange. 
Sec. 6403. King Cove Road. 
Sec. 6404. Administration of conveyed lands. 
Sec. 6405. Failure to begin road construction. 
Sec. 6406. Expiration of legislative authority. 
TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS 
Subtitle A—Additions to the National Park System 
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey. 
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site. 
Sec. 7003. River Raisin National Battlefield Park. 
Subtitle B—Amendments to Existing Units of the National Park System 
Sec. 7101. Funding for Keweenaw National Historical Park. 
Sec. 7102. Location of visitor and administrative facilities for Weir Farm National 
Historic Site. 
Sec. 7103. Little River Canyon National Preserve boundary expansion. 
Sec. 7104. Hopewell Culture National Historical Park boundary expansion. 
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjust-
ment. 
Sec. 7106. Minute Man National Historical Park. 
Sec. 7107. Everglades National Park. 
Sec. 7108. Kalaupapa National Historical Park. 
Sec. 7109. Boston Harbor Islands National Recreation Area. 
Sec. 7110. Thomas Edison National Historical Park, New Jersey. 
Sec. 7111. Women’s Rights National Historical Park. 
Sec. 7112. Martin Van Buren National Historic Site. 
Sec. 7113. Palo Alto Battlefield National Historical Park. 
Sec. 7114. Abraham Lincoln Birthplace National Historical Park. 
Sec. 7115. New River Gorge National River. 
Sec. 7116. Technical corrections. 
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio. 
Sec. 7118. Fort Davis National Historic Site. 
Subtitle C—Special Resource Studies 
Sec. 7201. Walnut Canyon study. 
Sec. 7202. Tule Lake Segregation Center, California. 
Sec. 7203. Estate Grange, St. Croix. 
Sec. 7204. Harriet Beecher Stowe House, Maine. 
Sec. 7205. Shepherdstown battlefield, West Virginia. 
Sec. 7206. Green McAdoo School, Tennessee. 
Sec. 7207. Harry S Truman Birthplace, Missouri. 
Sec. 7208. Battle of Matewan special resource study. 
Sec. 7209. Butterfield Overland Trail. 
Sec. 7210. Cold War sites theme study. 
Sec. 7211. Battle of Camden, South Carolina. 
Sec. 7212. Fort San Gero
´nimo, Puerto Rico. 
Subtitle D—Program Authorizations 
Sec. 7301. American Battlefield Protection Program. 
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123 STAT. 996 
PUBLIC LAW 111–11—MAR. 30, 2009 
Sec. 7302. Preserve America Program. 
Sec. 7303. Save America’s Treasures Program. 
Sec. 7304. Route 66 Corridor Preservation Program. 
Sec. 7305. National Cave and Karst Research Institute. 
Subtitle E—Advisory Commissions 
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission. 
Sec. 7402. Cape Cod National Seashore Advisory Commission. 
Sec. 7403. Concessions Management Advisory Board. 
Sec. 7404. St. Augustine 450th Commemoration Commission. 
TITLE VIII—NATIONAL HERITAGE AREAS 
Subtitle A—Designation of National Heritage Areas 
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado. 
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado. 
Sec. 8003. South Park National Heritage Area, Colorado. 
Sec. 8004. Northern Plains National Heritage Area, North Dakota. 
Sec. 8005. Baltimore National Heritage Area, Maryland. 
Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New Hamp-
shire. 
Sec. 8007. Mississippi Hills National Heritage Area. 
Sec. 8008. Mississippi Delta National Heritage Area. 
Sec. 8009. Muscle Shoals National Heritage Area, Alabama. 
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska. 
Subtitle B—Studies 
Sec. 8101. Chattahoochee Trace, Alabama and Georgia. 
Sec. 8102. Northern Neck, Virginia. 
Subtitle C—Amendments Relating to National Heritage Corridors 
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. 
Sec. 8202. Delaware And Lehigh National Heritage Corridor. 
Sec. 8203. Erie Canalway National Heritage Corridor. 
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor. 
Subtitle D—Effect of Title 
Sec. 8301. Effect on access for recreational activities. 
TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS 
Subtitle A—Feasibility Studies 
Sec. 9001. Snake, Boise, and Payette River systems, Idaho. 
Sec. 9002. Sierra Vista Subwatershed, Arizona. 
Sec. 9003. San Diego Intertie, California. 
Subtitle B—Project Authorizations 
Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon. 
Sec. 9102. Madera Water Supply Enhancement Project, California. 
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico. 
Sec. 9104. Rancho California Water District project, California. 
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado. 
Sec. 9106. Rio Grande Pueblos, New Mexico. 
Sec. 9107. Upper Colorado River endangered fish programs. 
Sec. 9108. Santa Margarita River, California. 
Sec. 9109. Elsinore Valley Municipal Water District. 
Sec. 9110. North Bay Water Reuse Authority. 
Sec. 9111. Prado Basin Natural Treatment System Project, California. 
Sec. 9112. Bunker Hill Groundwater Basin, California. 
Sec. 9113. GREAT Project, California. 
Sec. 9114. Yucaipa Valley Water District, California. 
Sec. 9115. Arkansas Valley Conduit, Colorado. 
Subtitle C—Title Transfers and Clarifications 
Sec. 9201. Transfer of McGee Creek pipeline and facilities. 
Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification. 
Sec. 9203. Goleta Water District Water Distribution System, California. 
Subtitle D—San Gabriel Basin Restoration Fund 
Sec. 9301. Restoration Fund. 
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123 STAT. 997 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle E—Lower Colorado River Multi-Species Conservation Program 
Sec. 9401. Definitions. 
Sec. 9402. Implementation and water accounting. 
Sec. 9403. Enforceability of program documents. 
Sec. 9404. Authorization of appropriations. 
Subtitle F—Secure Water 
Sec. 9501. Findings. 
Sec. 9502. Definitions. 
Sec. 9503. Reclamation climate change and water program. 
Sec. 9504. Water management improvement. 
Sec. 9505. Hydroelectric power assessment. 
Sec. 9506. Climate change and water intragovernmental panel. 
Sec. 9507. Water data enhancement by United States Geological Survey. 
Sec. 9508. National water availability and use assessment program. 
Sec. 9509. Research agreement authority. 
Sec. 9510. Effect. 
Subtitle G—Aging Infrastructure 
Sec. 9601 Definitions. 
Sec. 9602. Guidelines and inspection of project facilities and technical assistance to 
transferred works operating entities. 
Sec. 9603. Extraordinary operation and maintenance work performed by the Sec-
retary. 
Sec. 9604. Relationship to Twenty-First Century Water Works Act. 
Sec. 9605. Authorization of appropriations. 
TITLE X—WATER SETTLEMENTS 
Subtitle A—San Joaquin River Restoration Settlement 
PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT 
Sec. 10001. Short title. 
Sec. 10002. Purpose. 
Sec. 10003. Definitions. 
Sec. 10004. Implementation of settlement. 
Sec. 10005. Acquisition and disposal of property; title to facilities. 
Sec. 10006. Compliance with applicable law. 
Sec. 10007. Compliance with Central Valley Project Improvement Act. 
Sec. 10008. No private right of action. 
Sec. 10009. Appropriations; Settlement Fund. 
Sec. 10010. Repayment contracts and acceleration of repayment of construction 
costs. 
Sec. 10011. California Central Valley Spring Run Chinook salmon. 
PART II—STUDY TO DEVELOP WATER PLAN; REPORT 
Sec. 10101. Study to develop water plan; report. 
PART III—FRIANT DIVISION IMPROVEMENTS 
Sec. 10201. Federal facility improvements. 
Sec. 10202. Financial assistance for local projects. 
Sec. 10203. Authorization of appropriations. 
Subtitle B—Northwestern New Mexico Rural Water Projects 
Sec. 10301. Short title. 
Sec. 10302. Definitions. 
Sec. 10303. Compliance with environmental laws. 
Sec. 10304. No reallocation of costs. 
Sec. 10305. Interest rate. 
PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC 
LAW 87–483 
Sec. 10401. Amendments to the Colorado River Storage Project Act. 
Sec. 10402. Amendments to Public Law 87–483. 
Sec. 10403. Effect on Federal water law. 
PART II—RECLAMATION WATER SETTLEMENTS FUND 
Sec. 10501. Reclamation Water Settlements Fund. 
PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT 
Sec. 10601. Purposes. 
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123 STAT. 998 
PUBLIC LAW 111–11—MAR. 30, 2009 
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project. 
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water. 
Sec. 10604. Project contracts. 
Sec. 10605. Navajo Nation Municipal Pipeline. 
Sec. 10606. Authorization of conjunctive use wells. 
Sec. 10607. San Juan River Navajo Irrigation Projects. 
Sec. 10608. Other irrigation projects. 
Sec. 10609. Authorization of appropriations. 
PART IV—NAVAJO NATION WATER RIGHTS 
Sec. 10701. Agreement. 
Sec. 10702. Trust Fund. 
Sec. 10703. Waivers and releases. 
Sec. 10704. Water rights held in trust. 
Subtitle C—Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights 
Settlement 
Sec. 10801. Findings. 
Sec. 10802. Purposes. 
Sec. 10803. Definitions. 
Sec. 10804. Approval, ratification, and confirmation of agreement; authorization. 
Sec. 10805. Tribal water rights. 
Sec. 10806. Duck Valley Indian Irrigation Project. 
Sec. 10807. Development and Maintenance Funds. 
Sec. 10808. Tribal waiver and release of claims. 
Sec. 10809. Miscellaneous. 
TITLE XI—UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS 
Sec. 11001. Reauthorization of the National Geologic Mapping Act of 1992. 
Sec. 11002. New Mexico water resources study. 
TITLE XII—OCEANS 
Subtitle A—Ocean Exploration 
PART I—EXPLORATION 
Sec. 12001. Purpose. 
Sec. 12002. Program established. 
Sec. 12003. Powers and duties of the Administrator. 
Sec. 12004. Ocean exploration and undersea research technology and infrastructure 
task force. 
Sec. 12005. Ocean Exploration Advisory Board. 
Sec. 12006. Authorization of appropriations. 
PART II—NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009 
Sec. 12101. Short title. 
Sec. 12102. Program established. 
Sec. 12103. Powers of program director. 
Sec. 12104. Administrative structure. 
Sec. 12105. Research, exploration, education, and technology programs. 
Sec. 12106. Competitiveness. 
Sec. 12107. Authorization of appropriations. 
Subtitle B—Ocean and Coastal Mapping Integration Act 
Sec. 12201. Short title. 
Sec. 12202. Establishment of program. 
Sec. 12203. Interagency committee on ocean and coastal mapping. 
Sec. 12204. Biannual reports. 
Sec. 12205. Plan. 
Sec. 12206. Effect on other laws. 
Sec. 12207. Authorization of appropriations. 
Sec. 12208. Definitions. 
Subtitle C—Integrated Coastal and Ocean Observation System Act of 2009 
Sec. 12301. Short title. 
Sec. 12302. Purposes. 
Sec. 12303. Definitions. 
Sec. 12304. Integrated coastal and ocean observing system. 
Sec. 12305. Interagency financing and agreements. 
Sec. 12306. Application with other laws. 
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123 STAT. 999 
PUBLIC LAW 111–11—MAR. 30, 2009 
Sec. 12307. Report to Congress. 
Sec. 12308. Public-private use policy. 
Sec. 12309. Independent cost estimate. 
Sec. 12310. Intent of Congress. 
Sec. 12311. Authorization of appropriations. 
Subtitle D—Federal Ocean Acidification Research and Monitoring Act of 2009 
Sec. 12401. Short title. 
Sec. 12402. Purposes. 
Sec. 12403. Definitions. 
Sec. 12404. Interagency subcommittee. 
Sec. 12405. Strategic research plan. 
Sec. 12406. NOAA ocean acidification activities. 
Sec. 12407. NSF ocean acidification activities. 
Sec. 12408. NASA ocean acidification activities. 
Sec. 12409. Authorization of appropriations. 
Subtitle E—Coastal and Estuarine Land Conservation Program 
Sec. 12501. Short title. 
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation Program. 
TITLE XIII—MISCELLANEOUS 
Sec. 13001. Management and distribution of North Dakota trust funds. 
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation Mitigation Act 
of 2000. 
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act. 
Sec. 13004. Additional Assistant Secretary for Department of Energy. 
Sec. 13005. Lovelace Respiratory Research Institute. 
Sec. 13006. Authorization of appropriations for National Tropical Botanical Garden. 
TITLE XIV—CHRISTOPHER AND DANA REEVE PARALYSIS ACT 
Sec. 14001. Short title. 
Subtitle A—Paralysis Research 
Sec. 14101. Activities of the National Institutes of Health with respect to research 
on paralysis. 
Subtitle B—Paralysis Rehabilitation Research and Care 
Sec. 14201. Activities of the National Institutes of Health with respect to research 
with implications for enhancing daily function for persons with paral-
ysis. 
Subtitle C—Improving Quality of Life for Persons With Paralysis and Other 
Physical Disabilities 
Sec. 14301. Programs to improve quality of life for persons with paralysis and other 
physical disabilities. 
TITLE XV—SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION 
Sec. 15101. Laboratory and support space, Edgewater, Maryland. 
Sec. 15102. Laboratory space, Gamboa, Panama. 
Sec. 15103. Construction of greenhouse facility. 
TITLE I—ADDITIONS TO THE NATIONAL 
WILDERNESS PRESERVATION SYSTEM 
Subtitle A—Wild Monongahela Wilderness 
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL 
FOREST, WEST VIRGINIA. 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act (16 U.S.C. 1131 et seq.), the following Federal lands 
within the Monongahela National Forest in the State of West Vir-
ginia are designated as wilderness and as either a new component 
of the National Wilderness Preservation System or as an addition 
16 USC 1132 
note. 
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123 STAT. 1000 
PUBLIC LAW 111–11—MAR. 30, 2009 
to an existing component of the National Wilderness Preservation 
System: 
(1) Certain Federal land comprising approximately 5,144 
acres, as generally depicted on the map entitled ‘‘Big Draft 
Proposed Wilderness’’ and dated March 11, 2008, which shall 
be known as the ‘‘Big Draft Wilderness’’. 
(2) Certain Federal land comprising approximately 11,951 
acres, as generally depicted on the map entitled ‘‘Cranberry 
Expansion Proposed Wilderness’’ and dated March 11, 2008, 
which shall be added to and administered as part of the Cran-
berry Wilderness designated by section 1(1) of Public Law 97– 
466 (96 Stat. 2538). 
(3) Certain Federal land comprising approximately 7,156 
acres, as generally depicted on the map entitled ‘‘Dolly Sods 
Expansion Proposed Wilderness’’ and dated March 11, 2008, 
which shall be added to and administered as part of the Dolly 
Sods Wilderness designated by section 3(a)(13) of Public Law 
93–622 (88 Stat. 2098). 
(4) Certain Federal land comprising approximately 698 
acres, as generally depicted on the map entitled ‘‘Otter Creek 
Expansion Proposed Wilderness’’ and dated March 11, 2008, 
which shall be added to and administered as part of the Otter 
Creek Wilderness designated by section 3(a)(14) of Public Law 
93–622 (88 Stat. 2098). 
(5) Certain Federal land comprising approximately 6,792 
acres, as generally depicted on the map entitled ‘‘Roaring Plains 
Proposed Wilderness’’ and dated March 11, 2008, which shall 
be known as the ‘‘Roaring Plains West Wilderness’’. 
(6) Certain Federal land comprising approximately 6,030 
acres, as generally depicted on the map entitled ‘‘Spice Run 
Proposed Wilderness’’ and dated March 11, 2008, which shall 
be known as the ‘‘Spice Run Wilderness’’. 
(b) MAPS AND LEGAL DESCRIPTION.— 
(1) FILING AND AVAILABILITY.—As soon as practicable after 
the date of the enactment of this Act, the Secretary of Agri-
culture, acting through the Chief of the Forest Service, shall 
file with the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a map and legal description of each 
wilderness area designated or expanded by subsection (a). The 
maps and legal descriptions shall be on file and available 
for public inspection in the office of the Chief of the Forest 
Service and the office of the Supervisor of the Monongahela 
National Forest. 
(2) FORCE AND EFFECT.—The maps and legal descriptions 
referred to in this subsection shall have the same force and 
effect as if included in this subtitle, except that the Secretary 
may correct errors in the maps and descriptions. 
(c) ADMINISTRATION.—Subject to valid existing rights, the Fed-
eral lands designated as wilderness by subsection (a) shall be 
administered by the Secretary in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.). The Secretary may continue to 
authorize the competitive running event permitted from 2003 
through 2007 in the vicinity of the boundaries of the Dolly Sods 
Wilderness addition designated by paragraph (3) of subsection (a) 
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123 STAT. 1001 
PUBLIC LAW 111–11—MAR. 30, 2009 
and the Roaring Plains West Wilderness Area designated by para-
graph (5) of such subsection, in a manner compatible with the 
preservation of such areas as wilderness. 
(d) EFFECTIVE DATE
OF WILDERNESS ACT.—With respect to 
the Federal lands designated as wilderness by subsection (a), any 
reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the 
effective date of the Wilderness Act shall be deemed to be a ref-
erence to the date of the enactment of this Act. 
(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects 
the jurisdiction or responsibility of the State of West Virginia with 
respect to wildlife and fish. 
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDER-
NESS, MONONGAHELA NATIONAL FOREST. 
(a) BOUNDARY ADJUSTMENT.—The boundary of the Laurel Fork 
South Wilderness designated by section 1(3) of Public Law 97– 
466 (96 Stat. 2538) is modified to exclude two parcels of land, 
as generally depicted on the map entitled ‘‘Monongahela National 
Forest Laurel Fork South Wilderness Boundary Modification’’ and 
dated March 11, 2008, and more particularly described according 
to the site-specific maps and legal descriptions on file in the office 
of the Forest Supervisor, Monongahela National Forest. The general 
map shall be on file and available for public inspection in the 
Office of the Chief of the Forest Service. 
(b) MANAGEMENT.—Federally owned land delineated on the 
maps referred to in subsection (a) as the Laurel Fork South Wilder-
ness, as modified by such subsection, shall continue to be adminis-
tered by the Secretary of Agriculture in accordance with the Wilder-
ness Act (16 U.S.C. 1131 et seq.). 
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMA-
TION. 
(a) IN GENERAL.—The boundary of the Monongahela National 
Forest is confirmed to include the tracts of land as generally 
depicted on the map entitled ‘‘Monongahela National Forest 
Boundary Confirmation’’ and dated March 13, 2008, and all Federal 
lands under the jurisdiction of the Secretary of Agriculture, acting 
through the Chief of the Forest Service, encompassed within such 
boundary shall be managed under the laws and regulations per-
taining to the National Forest System. 
(b) LAND AND WATER CONSERVATION FUND.—For the purposes 
of section 7 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l–9), the boundaries of the Monongahela 
National Forest, as confirmed by subsection (a), shall be considered 
to be the boundaries of the Monongahela National Forest as of 
January 1, 1965. 
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 
(a) PLAN.— 
(1) IN GENERAL.—The Secretary of Agriculture, in consulta-
tion with interested parties, shall develop a plan to provide 
for enhanced nonmotorized recreation trail opportunities on 
lands not designated as wilderness within the Monongahela 
National Forest. 
(2) NONMOTORIZED RECREATION TRAIL DEFINED.—For the 
purposes of this subsection, the term ‘‘nonmotorized recreation 
16 USC 1132 
note. 
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123 STAT. 1002 
PUBLIC LAW 111–11—MAR. 30, 2009 
trail’’ means a trail designed for hiking, bicycling, and eques-
trian use. 
(b) REPORT.—Not later than two years after the date of the 
enactment of this Act, the Secretary of Agriculture shall submit 
to Congress a report on the implementation of the plan required 
under subsection (a), including the identification of priority trails 
for development. 
(c) CONSIDERATION OF CONVERSION OF FOREST ROADS TO REC-
REATIONAL USES.—In considering possible closure and decommis-
sioning of a Forest Service road within the Monongahela National 
Forest after the date of the enactment of this Act, the Secretary 
of Agriculture, in accordance with applicable law, may consider 
converting the road to nonmotorized uses to enhance recreational 
opportunities within the Monongahela National Forest. 
Subtitle B—Virginia Ridge and Valley 
Wilderness 
SEC. 1101. DEFINITIONS. 
In this subtitle: 
(1) SCENIC
AREAS.—The term ‘‘scenic areas’’ means the 
Seng Mountain National Scenic Area and the Bear Creek 
National Scenic Area. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM 
LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS 
OR A WILDERNESS STUDY AREA. 
(a) DESIGNATION
OF WILDERNESS.—Section 1 of Public Law 
100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), 
is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘System—’’ and inserting ‘‘System:’’; 
(2) by striking ‘‘certain’’ each place it appears and inserting 
‘‘Certain’’; 
(3) in each of paragraphs (1) through (6), by striking the 
semicolon at the end and inserting a period; 
(4) in paragraph (7), by striking ‘‘; and’’ and inserting 
a period; and 
(5) by adding at the end the following: 
‘‘(9) Certain land in the Jefferson National Forest com-
prising approximately 3,743 acres, as generally depicted on 
the map entitled ‘Brush Mountain and Brush Mountain East’ 
and dated May 5, 2008, which shall be known as the ‘Brush 
Mountain East Wilderness’. 
‘‘(10) Certain land in the Jefferson National Forest com-
prising approximately 4,794 acres, as generally depicted on 
the map entitled ‘Brush Mountain and Brush Mountain East’ 
and dated May 5, 2008, which shall be known as the ‘Brush 
Mountain Wilderness’. 
‘‘(11) Certain land in the Jefferson National Forest com-
prising approximately 4,223 acres, as generally depicted on 
the map entitled ‘Seng Mountain and Raccoon Branch’ and 
dated April 28, 2008, which shall be known as the ‘Raccoon 
Branch Wilderness’. 
16 USC 546b 
note. 
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123 STAT. 1003 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(12) Certain land in the Jefferson National Forest com-
prising approximately 3,270 acres, as generally depicted on 
the map entitled ‘Stone Mountain’ and dated April 28, 2008, 
which shall be known as the ‘Stone Mountain Wilderness’. 
‘‘(13) Certain land in the Jefferson National Forest com-
prising approximately 8,470 acres, as generally depicted on 
the map entitled ‘Garden Mountain and Hunting Camp Creek’ 
and dated April 28, 2008, which shall be known as the ‘Hunting 
Camp Creek Wilderness’. 
‘‘(14) Certain land in the Jefferson National Forest com-
prising approximately 3,291 acres, as generally depicted on 
the map entitled ‘Garden Mountain and Hunting Camp Creek’ 
and dated April 28, 2008, which shall be known as the ‘Garden 
Mountain Wilderness’. 
‘‘(15) Certain land in the Jefferson National Forest com-
prising approximately 5,476 acres, as generally depicted on 
the map entitled ‘Mountain Lake Additions’ and dated April 
28, 2008, which is incorporated in the Mountain Lake Wilder-
ness designated by section 2(6) of the Virginia Wilderness Act 
of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 
‘‘(16) Certain land in the Jefferson National Forest com-
prising approximately 308 acres, as generally depicted on the 
map entitled ‘Lewis Fork Addition and Little Wilson Creek 
Additions’ and dated April 28, 2008, which is incorporated 
in the Lewis Fork Wilderness designated by section 2(3) of 
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 
Public Law 98–586). 
‘‘(17) Certain land in the Jefferson National Forest com-
prising approximately 1,845 acres, as generally depicted on 
the map entitled ‘Lewis Fork Addition and Little Wilson Creek 
Additions’ and dated April 28, 2008, which is incorporated 
in the Little Wilson Creek Wilderness designated by section 
2(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 
note; Public Law 98–586). 
‘‘(18) Certain land in the Jefferson National Forest com-
prising approximately 2,219 acres, as generally depicted on 
the map entitled ‘Shawvers Run Additions’ and dated April 
28, 2008, which is incorporated in the Shawvers Run Wilderness 
designated by paragraph (4). 
‘‘(19) Certain land in the Jefferson National Forest com-
prising approximately 1,203 acres, as generally depicted on 
the map entitled ‘Peters Mountain Addition’ and dated April 
28, 2008, which is incorporated in the Peters Mountain Wilder-
ness designated by section 2(7) of the Virginia Wilderness Act 
of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 
‘‘(20) Certain land in the Jefferson National Forest com-
prising approximately 263 acres, as generally depicted on the 
map entitled ‘Kimberling Creek Additions and Potential Wilder-
ness Area’ and dated April 28, 2008, which is incorporated 
in the Kimberling Creek Wilderness designated by section 2(2) 
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 
Public Law 98–586).’’. 
(b) DESIGNATION OF WILDERNESS STUDY AREA.—The Virginia 
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 
586) is amended— 
(1) in the first section, by inserting ‘‘as’’ after ‘‘cited’’; and 
(2) in section 6(a)— 
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123 STAT. 1004 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) by striking ‘‘certain’’ each place it appears and 
inserting ‘‘Certain’’; 
(B) in each of paragraphs (1) and (2), by striking the 
semicolon at the end and inserting a period; 
(C) in paragraph (3), by striking ‘‘; and’’ and inserting 
a period; and 
(D) by adding at the end the following: 
‘‘(5) Certain land in the Jefferson National Forest com-
prising approximately 3,226 acres, as generally depicted on 
the map entitled ‘Lynn Camp Creek Wilderness Study Area’ 
and dated April 28, 2008, which shall be known as the ‘Lynn 
Camp Creek Wilderness Study Area’.’’. 
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDER-
NESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA. 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson 
National Forest comprising approximately 349 acres, as generally 
depicted on the map entitled ‘‘Kimberling Creek Additions and 
Potential Wilderness Area’’ and dated April 28, 2008, is designated 
as a potential wilderness area for incorporation in the Kimberling 
Creek Wilderness designated by section 2(2) of the Virginia Wilder-
ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 
(b) MANAGEMENT.—Except as provided in subsection (c) and 
subject to valid existing rights, the Secretary shall manage the 
potential wilderness area in accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.). 
(c) ECOLOGICAL RESTORATION.— 
(1) IN
GENERAL.—For purposes of ecological restoration 
(including the elimination of nonnative species, removal of 
illegal, unused, or decommissioned roads, and any other activity 
necessary to restore the natural ecosystems in the potential 
wilderness area), the Secretary may use motorized equipment 
and mechanized transport in the potential wilderness area 
until the date on which the potential wilderness area is incor-
porated into the Kimberling Creek Wilderness. 
(2) LIMITATION.—To the maximum extent practicable, the 
Secretary shall use the minimum tool or administrative practice 
necessary to accomplish ecological restoration with the least 
amount of adverse impact on wilderness character and 
resources. 
(d) WILDERNESS DESIGNATION.—The potential wilderness area 
shall be designated as wilderness and incorporated in the 
Kimberling Creek Wilderness on the earlier of— 
(1) the date on which the Secretary publishes in the Federal 
Register notice that the conditions in the potential wilderness 
area that are incompatible with the Wilderness Act (16 U.S.C. 
1131 et seq.) have been removed; or 
(2) the date that is 5 years after the date of enactment 
of this Act. 
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFER-
SON NATIONAL FOREST, VIRGINIA. 
(a) ESTABLISHMENT.—There are designated as National Scenic 
Areas— 
16 USC 546b. 
Federal Register, 
publication. 
Notice. 
Effective date. 
16 USC 1132 
note. 
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123 STAT. 1005 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) certain National Forest System land in the Jefferson 
National Forest, comprising approximately 5,192 acres, as gen-
erally depicted on the map entitled ‘‘Seng Mountain and Rac-
coon Branch’’ and dated April 28, 2008, which shall be known 
as the ‘‘Seng Mountain National Scenic Area’’; and 
(2) certain National Forest System land in the Jefferson 
National Forest, comprising approximately 5,128 acres, as gen-
erally depicted on the map entitled ‘‘Bear Creek’’ and dated 
April 28, 2008, which shall be known as the ‘‘Bear Creek 
National Scenic Area’’. 
(b) PURPOSES.—The purposes of the scenic areas are— 
(1) to ensure the protection and preservation of scenic 
quality, water quality, natural characteristics, and water 
resources of the scenic areas; 
(2) consistent with paragraph (1), to protect wildlife and 
fish habitat in the scenic areas; 
(3) to protect areas in the scenic areas that may develop 
characteristics of old-growth forests; and 
(4) consistent with paragraphs (1), (2), and (3), to provide 
a variety of recreation opportunities in the scenic areas. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall administer the scenic 
areas in accordance with— 
(A) this subtitle; and 
(B) 
the 
laws 
(including 
regulations) 
generally 
applicable to the National Forest System. 
(2) AUTHORIZED USES.—The Secretary shall only allow uses 
of the scenic areas that the Secretary determines will further 
the purposes of the scenic areas, as described in subsection 
(b). 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall develop as an 
amendment to the land and resource management plan for 
the Jefferson National Forest a management plan for the scenic 
areas. 
(2) EFFECT.—Nothing in this subsection requires the Sec-
retary to revise the land and resource management plan for 
the Jefferson National Forest under section 6 of the Forest 
and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604). 
(e) ROADS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), after 
the date of enactment of this Act, no roads shall be established 
or constructed within the scenic areas. 
(2) LIMITATION.—Nothing in this subsection denies any 
owner of private land (or an interest in private land) that 
is located in a scenic area the right to access the private 
land. 
(f) TIMBER HARVEST.— 
(1) IN
GENERAL.—Except as provided in paragraphs (2) 
and (3), no harvesting of timber shall be allowed within the 
scenic areas. 
(2) EXCEPTIONS.—The Secretary may authorize harvesting 
of timber in the scenic areas if the Secretary determines that 
the harvesting is necessary to— 
(A) control fire; 
Deadline. 
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123 STAT. 1006 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) provide for public safety or trail access; or 
(C) control insect and disease outbreaks. 
(3) FIREWOOD FOR PERSONAL USE.—Firewood may be har-
vested for personal use along perimeter roads in the scenic 
areas, subject to any conditions that the Secretary may impose. 
(g) INSECT AND DISEASE OUTBREAKS.—The Secretary may con-
trol insect and disease outbreaks— 
(1) to maintain scenic quality; 
(2) to prevent tree mortality; 
(3) to reduce hazards to visitors; or 
(4) to protect private land. 
(h) VEGETATION MANAGEMENT.—The Secretary may engage in 
vegetation manipulation practices in the scenic areas to maintain 
the visual quality and wildlife clearings in existence on the date 
of enactment of this Act. 
(i) MOTORIZED VEHICLES.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
motorized vehicles shall not be allowed within the scenic areas. 
(2) EXCEPTIONS.—The Secretary may authorize the use of 
motorized vehicles— 
(A) to carry out administrative activities that further 
the purposes of the scenic areas, as described in subsection 
(b); 
(B) to assist wildlife management projects in existence 
on the date of enactment of this Act; and 
(C) during deer and bear hunting seasons— 
(i) on Forest Development Roads 49410 and 84b; 
and 
(ii) on the portion of Forest Development Road 
6261 designated on the map described in subsection 
(a)(2) as ‘‘open seasonally’’. 
(j) WILDFIRE SUPPRESSION.—Wildfire suppression within the 
scenic areas shall be conducted— 
(1) in a manner consistent with the purposes of the scenic 
areas, as described in subsection (b); and 
(2) using such means as the Secretary determines to be 
appropriate. 
(k) WATER.—The Secretary shall administer the scenic areas 
in a manner that maintains and enhances water quality. 
(l) WITHDRAWAL.—Subject to valid existing rights, all Federal 
land in the scenic areas is withdrawn from— 
(1) location, entry, and patent under the mining laws; 
and 
(2) operation of the mineral leasing and geothermal leasing 
laws. 
SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 
(a) TRAIL PLAN.—The Secretary, in consultation with interested 
parties, shall establish a trail plan to develop— 
(1) in a manner consistent with the Wilderness Act (16 
U.S.C. 1131 et seq.), hiking and equestrian trails in the wilder-
ness areas designated by paragraphs (9) through (20) of section 
1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added 
by section 1102(a)(5)); and 
(2) nonmotorized recreation trails in the scenic areas. 
(b) IMPLEMENTATION REPORT.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall submit to 
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123 STAT. 1007 
PUBLIC LAW 111–11—MAR. 30, 2009 
Congress a report that describes the implementation of the trail 
plan, including the identification of priority trails for development. 
(c) SUSTAINABLE TRAIL REQUIRED.—The Secretary shall develop 
a sustainable trail, using a contour curvilinear alignment, to provide 
for nonmotorized travel along the southern boundary of the Raccoon 
Branch Wilderness established by section 1(11) of Public Law 100– 
326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)) con-
necting to Forest Development Road 49352 in Smyth County, Vir-
ginia. 
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall file with the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Natural Resources and the Committee on Agriculture of the 
House of Representatives maps and boundary descriptions of— 
(1) the scenic areas; 
(2) the wilderness areas designated by paragraphs (9) 
through (20) of section 1 of Public Law 100–326 (16 U.S.C. 
1132 note) (as added by section 1102(a)(5)); 
(3) the wilderness study area designated by section 6(a)(5) 
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 
Public Law 98–586) (as added by section 1102(b)(2)(D)); and 
(4) the potential wilderness area designated by section 
1103(a). 
(b) FORCE AND EFFECT.—The maps and boundary descriptions 
filed under subsection (a) shall have the same force and effect 
as if included in this subtitle, except that the Secretary may correct 
any minor errors in the maps and boundary descriptions. 
(c) AVAILABILITY OF MAP AND BOUNDARY DESCRIPTION.—The 
maps and boundary descriptions filed under subsection (a) shall 
be on file and available for public inspection in the Office of the 
Chief of the Forest Service. 
(d) CONFLICT.—In the case of a conflict between a map filed 
under subsection (a) and the acreage of the applicable areas speci-
fied in this subtitle, the map shall control. 
SEC. 1107. EFFECTIVE DATE. 
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) 
to the effective date of that Act shall be considered to be a reference 
to the date of enactment of this Act for purposes of administering— 
(1) the wilderness areas designated by paragraphs (9) 
through (20) of section 1 of Public Law 100–326 (16 U.S.C. 
1132 note) (as added by section 1102(a)(5)); and 
(2) the potential wilderness area designated by section 
1103(a). 
Subtitle C—Mt. Hood Wilderness, Oregon 
SEC. 1201. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(2) STATE.—The term ‘‘State’’ means the State of Oregon. 
16 USC 460uuu 
note. 
16 USC 546b–1. 
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123 STAT. 1008 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 
(a) DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDER-
NESS AREAS.—In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the State of Oregon are des-
ignated as wilderness areas and as components of the National 
Wilderness Preservation System: 
(1) BADGER CREEK WILDERNESS ADDITIONS.—Certain Fed-
eral land managed by the Forest Service, comprising approxi-
mately 4,140 acres, as generally depicted on the maps entitled 
‘‘Badger Creek Wilderness—Badger Creek Additions’’ and 
‘‘Badger Creek Wilderness—Bonney Butte’’, dated July 16, 
2007, which is incorporated in, and considered to be a part 
of, the Badger Creek Wilderness, as designated by section 3(3) 
of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 
98 Stat. 273). 
(2) BULL OF THE WOODS WILDERNESS ADDITION.—Certain 
Federal land managed by the Forest Service, comprising 
approximately 10,180 acres, as generally depicted on the map 
entitled ‘‘Bull of the Woods Wilderness—Bull of the Woods 
Additions’’, dated July 16, 2007, which is incorporated in, and 
considered to be a part of, the Bull of the Woods Wilderness, 
as designated by section 3(4) of the Oregon Wilderness Act 
of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). 
(3) CLACKAMAS WILDERNESS.—Certain Federal land man-
aged by the Forest Service, comprising approximately 9,470 
acres, as generally depicted on the maps entitled ‘‘Clackamas 
Wilderness—Big Bottom’’, ‘‘Clackamas Wilderness—Clackamas 
Canyon’’, 
‘‘Clackamas 
Wilderness—Memaloose 
Lake’’, 
‘‘Clackamas Wilderness—Sisi Butte’’, and ‘‘Clackamas Wilder-
ness—South Fork Clackamas’’, dated July 16, 2007, which shall 
be known as the ‘‘Clackamas Wilderness’’. 
(4) MARK
O. HATFIELD
WILDERNESS
ADDITIONS.—Certain 
Federal land managed by the Forest Service, comprising 
approximately 25,960 acres, as generally depicted on the maps 
entitled ‘‘Mark O. Hatfield Wilderness—Gorge Face’’ and ‘‘Mark 
O. Hatfield Wilderness—Larch Mountain’’, dated July 16, 2007, 
which is incorporated in, and considered to be a part of, the 
Mark O. Hatfield Wilderness, as designated by section 3(1) 
of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 
98 Stat. 273). 
(5) MOUNT HOOD WILDERNESS ADDITIONS.—Certain Federal 
land managed by the Forest Service, comprising approximately 
18,450 acres, as generally depicted on the maps entitled ‘‘Mount 
Hood Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilderness— 
Elk Cove/Mazama’’, ‘‘Richard L. Kohnstamm Memorial Area’’, 
‘‘Mount Hood Wilderness—Sand Canyon’’, ‘‘Mount Hood Wilder-
ness—Sandy Additions’’, ‘‘Mount Hood Wilderness—Twin 
Lakes’’, and ‘‘Mount Hood Wilderness—White River’’, dated July 
16, 2007, and the map entitled ‘‘Mount Hood Wilderness— 
Cloud Cap’’, dated July 20, 2007, which is incorporated in, 
and considered to be a part of, the Mount Hood Wilderness, 
as designated under section 3(a) of the Wilderness Act (16 
U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered 
American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 
Stat. 43). 
(6) ROARING
RIVER
WILDERNESS.—Certain Federal land 
managed by the Forest Service, comprising approximately 
16 USC 1132 
note. 
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123 STAT. 1009 
PUBLIC LAW 111–11—MAR. 30, 2009 
36,550 acres, as generally depicted on the map entitled ‘‘Roaring 
River Wilderness—Roaring River Wilderness’’, dated July 16, 
2007, which shall be known as the ‘‘Roaring River Wilderness’’. 
(7) SALMON-HUCKLEBERRY
WILDERNESS
ADDITIONS.—Cer-
tain Federal land managed by the Forest Service, comprising 
approximately 16,620 acres, as generally depicted on the maps 
entitled ‘‘Salmon-Huckleberry Wilderness—Alder Creek Addi-
tion’’, ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Addi-
tion’’, ‘‘Salmon-Huckleberry Wilderness—Hunchback Moun-
tain’’, ‘‘Salmon-Huckleberry Wilderness—Inch Creek’’, ‘‘Salmon- 
Huckleberry 
Wilderness—Mirror 
Lake’’, 
and 
‘‘Salmon- 
Huckleberry Wilderness—Salmon River Meadows’’, dated July 
16, 2007, which is incorporated in, and considered to be a 
part of, the Salmon-Huckleberry Wilderness, as designated by 
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 
1132 note; 98 Stat. 273). 
(8) LOWER WHITE RIVER WILDERNESS.—Certain Federal land 
managed by the Forest Service and Bureau of Land Manage-
ment, comprising approximately 2,870 acres, as generally 
depicted on the map entitled ‘‘Lower White River Wilderness— 
Lower White River’’, dated July 16, 2007, which shall be known 
as the ‘‘Lower White River Wilderness’’. 
(b) RICHARD L. KOHNSTAMM MEMORIAL AREA.—Certain Federal 
land managed by the Forest Service, as generally depicted on the 
map entitled ‘‘Richard L. Kohnstamm Memorial Area’’, dated July 
16, 2007, is designated as the ‘‘Richard L. Kohnstamm Memorial 
Area’’. 
(c) POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS 
AREAS.— 
(1) ROARING RIVER POTENTIAL WILDERNESS AREA.— 
(A) IN GENERAL.—In furtherance of the purposes of 
the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal 
land managed by the Forest Service, comprising approxi-
mately 900 acres identified as ‘‘Potential Wilderness’’ on 
the map entitled ‘‘Roaring River Wilderness’’, dated July 
16, 2007, is designated as a potential wilderness area. 
(B) MANAGEMENT.—The potential wilderness area des-
ignated by subparagraph (A) shall be managed in accord-
ance with section 4 of the Wilderness Act (16 U.S.C. 1133). 
(C) DESIGNATION
AS
WILDERNESS.—On the date on 
which the Secretary publishes in the Federal Register 
notice that the conditions in the potential wilderness area 
designated by subparagraph (A) are compatible with the 
Wilderness Act (16 U.S.C. 1131 et seq.), the potential 
wilderness shall be— 
(i) designated as wilderness and as a component 
of the National Wilderness Preservation System; and 
(ii) incorporated into the Roaring River Wilderness 
designated by subsection (a)(6). 
(2) ADDITION
TO
THE
MOUNT
HOOD
WILDERNESS.—On 
completion of the land exchange under section 1206(a)(2), cer-
tain Federal land managed by the Forest Service, comprising 
approximately 1,710 acres, as generally depicted on the map 
entitled ‘‘Mount Hood Wilderness—Tilly Jane’’, dated July 20, 
2007, shall be incorporated in, and considered to be a part 
of, the Mount Hood Wilderness, as designated under section 
3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged 
Effective date. 
Federal Register, 
publication. 
Notice. 
16 USC 1132 
note. 
16 USC 431 note. 
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123 STAT. 1010 
PUBLIC LAW 111–11—MAR. 30, 2009 
by section 3(d) of the Endangered American Wilderness Act 
of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection 
(a)(5). 
(3) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS.— 
On acquisition by the United States, the approximately 160 
acres of land identified as ‘‘Land to be acquired by USFS’’ 
on the map entitled ‘‘Hunchback Mountain Land Exchange, 
Clackamas County’’, dated June 2006, shall be incorporated 
in, and considered to be a part of, the Salmon-Huckleberry 
Wilderness, as designated by section 3(2) of the Oregon Wilder-
ness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and 
enlarged by subsection (a)(7). 
(d) MAPS AND LEGAL DESCRIPTIONS.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
a legal description of each wilderness area and potential wilder-
ness area designated by this section, with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The maps and legal descriptions filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct typographical errors in the maps and legal descriptions. 
(3) PUBLIC AVAILABILITY.—Each map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Forest Service 
and Bureau of Land Management. 
(4) DESCRIPTION OF LAND.—The boundaries of the areas 
designated as wilderness by subsection (a) that are immediately 
adjacent to a utility right-of-way or a Federal Energy Regu-
latory Commission project boundary shall be 100 feet from 
the boundary of the right-of-way or the project boundary. 
(e) ADMINISTRATION.— 
(1) IN GENERAL.—Subject to valid existing rights, each area 
designated as wilderness by this section shall be administered 
by the Secretary that has jurisdiction over the land within 
the wilderness, in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), except that— 
(A) any reference in that Act to the effective date 
shall be considered to be a reference to the date of enact-
ment of this Act; and 
(B) any reference in that Act to the Secretary of Agri-
culture shall be considered to be a reference to the Sec-
retary that has jurisdiction over the land within the wilder-
ness. 
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land within the boundary of a wilderness area designated 
by this section that is acquired by the United States shall— 
(A) become part of the wilderness area in which the 
land is located; and 
(B) be managed in accordance with this section, the 
Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
applicable law. 
(f) BUFFER ZONES.— 
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123 STAT. 1011 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—As provided in the Oregon Wilderness 
Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress 
does not intend for designation of wilderness areas in the 
State under this section to lead to the creation of protective 
perimeters or buffer zones around each wilderness area. 
(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that 
nonwilderness activities or uses can be seen or heard from 
within a wilderness area shall not, of itself, preclude the activi-
ties or uses up to the boundary of the wilderness area. 
(g) FISH AND WILDLIFE.—Nothing in this section affects the 
jurisdiction or responsibilities of the State with respect to fish 
and wildlife. 
(h) FIRE, INSECTS, AND DISEASES.—As provided in section 4(d)(1) 
of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness 
areas designated by this section, the Secretary that has jurisdiction 
over the land within the wilderness (referred to in this subsection 
as the ‘‘Secretary’’) may take such measures as are necessary to 
control fire, insects, and diseases, subject to such terms and condi-
tions as the Secretary determines to be desirable and appropriate. 
(i) WITHDRAWAL.—Subject to valid rights in existence on the 
date of enactment of this Act, the Federal land designated as 
wilderness by this section is withdrawn from all forms of— 
(1) entry, appropriation, or disposal under the public land 
laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) disposition under all laws pertaining to mineral and 
geothermal leasing or mineral materials. 
SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER 
PROTECTION IN THE MOUNT HOOD AREA. 
(a) WILD
AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD 
NATIONAL FOREST.— 
(1) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) is amended by adding at the end the 
following: 
‘‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON.—The 4.2- 
mile segment of the South Fork Clackamas River from its 
confluence with the East Fork of the South Fork Clackamas 
to its confluence with the Clackamas River, to be administered 
by the Secretary of Agriculture as a wild river. 
‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile segment of 
Eagle Creek from its headwaters to the Mount Hood National 
Forest boundary, to be administered by the Secretary of Agri-
culture as a wild river. 
‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment 
of the Middle Fork Hood River from the confluence of Clear 
and Coe Branches to the north section line of section 11, town-
ship 1 south, range 9 east, to be administered by the Secretary 
of Agriculture as a scenic river. 
‘‘(174) SOUTH FORK ROARING RIVER, OREGON.—The 4.6-mile 
segment of the South Fork Roaring River from its headwaters 
to its confluence with Roaring River, to be administered by 
the Secretary of Agriculture as a wild river. 
‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile segment of 
the Zig Zag River from its headwaters to the Mount Hood 
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123 STAT. 1012 
PUBLIC LAW 111–11—MAR. 30, 2009 
Wilderness boundary, to be administered by the Secretary of 
Agriculture as a wild river. 
‘‘(176) FIFTEENMILE CREEK, OREGON.— 
‘‘(A) 
IN
GENERAL.—The 
11.1-mile 
segment 
of 
Fifteenmile Creek from its source at Senecal Spring to 
the southern edge of the northwest quarter of the northwest 
quarter of section 20, township 2 south, range 12 east, 
to be administered by the Secretary of Agriculture in the 
following classes: 
‘‘(i) The 2.6-mile segment from its source at Senecal 
Spring to the Badger Creek Wilderness boundary, as 
a wild river. 
‘‘(ii) The 0.4-mile segment from the Badger Creek 
Wilderness boundary to the point 0.4 miles down-
stream, as a scenic river. 
‘‘(iii) The 7.9-mile segment from the point 0.4 miles 
downstream of the Badger Creek Wilderness boundary 
to the western edge of section 20, township 2 south, 
range 12 east as a wild river. 
‘‘(iv) The 0.2-mile segment from the western edge 
of section 20, township 2 south, range 12 east, to 
the southern edge of the northwest quarter of the 
northwest quarter of section 20, township 2 south, 
range 12 east as a scenic river. 
‘‘(B) INCLUSIONS.—Notwithstanding section 3(b), the 
lateral boundaries of both the wild river area and the 
scenic river area along Fifteenmile Creek shall include 
an average of not more than 640 acres per mile measured 
from the ordinary high water mark on both sides of the 
river. 
‘‘(177) EAST
FORK
HOOD
RIVER, OREGON.—The 13.5-mile 
segment of the East Fork Hood River from Oregon State High-
way 35 to the Mount Hood National Forest boundary, to be 
administered by the Secretary of Agriculture as a recreational 
river. 
‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8-mile segment 
of the Collawash River from the headwaters of the East Fork 
Collawash to the confluence of the mainstream of the Collawash 
River with the Clackamas River, to be administered by the 
Secretary of Agriculture in the following classes: 
‘‘(A) The 11.0-mile segment from the headwaters of 
the East Fork Collawash River to Buckeye Creek, as a 
scenic river. 
‘‘(B) The 6.8-mile segment from Buckeye Creek to the 
Clackamas River, as a recreational river. 
‘‘(179) FISH
CREEK, OREGON.—The 13.5-mile segment of 
Fish Creek from its headwaters to the confluence with the 
Clackamas River, to be administered by the Secretary of Agri-
culture as a recreational river.’’. 
(2) EFFECT.—The amendments made by paragraph (1) do 
not affect valid existing water rights. 
(b) PROTECTION FOR HOOD RIVER, OREGON.—Section 13(a)(4) 
of the ‘‘Columbia River Gorge National Scenic Area Act’’ (16 U.S.C. 
544k(a)(4)) is amended by striking ‘‘for a period not to exceed 
twenty years from the date of enactment of this Act,’’. 
16 USC 1274 
note. 
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123 STAT. 1013 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. 
(a) DESIGNATION.—To provide for the protection, preservation, 
and enhancement of recreational, ecological, scenic, cultural, water-
shed, and fish and wildlife values, there is established the Mount 
Hood National Recreation Area within the Mount Hood National 
Forest. 
(b) BOUNDARY.—The Mount Hood National Recreation Area 
shall consist of certain Federal land managed by the Forest Service 
and Bureau of Land Management, comprising approximately 34,550 
acres, as generally depicted on the maps entitled ‘‘National Recre-
ation Areas—Mount Hood NRA’’, ‘‘National Recreation Areas— 
Fifteenmile Creek NRA’’, and ‘‘National Recreation Areas— 
Shellrock Mountain’’, dated February 2007. 
(c) MAP AND LEGAL DESCRIPTION.— 
(1) SUBMISSION OF LEGAL DESCRIPTION.—As soon as prac-
ticable after the date of enactment of this Act, the Secretary 
shall file a map and a legal description of the Mount Hood 
National Recreation Area with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct typographical errors in the map and the legal descrip-
tion. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Forest Service. 
(d) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall— 
(A) administer the Mount Hood National Recreation 
Area— 
(i) in accordance with the laws (including regula-
tions) and rules applicable to the National Forest 
System; and 
(ii) consistent with the purposes described in sub-
section (a); and 
(B) only allow uses of the Mount Hood National Recre-
ation Area that are consistent with the purposes described 
in subsection (a). 
(2) APPLICABLE LAW.—Any portion of a wilderness area 
designated by section 1202 that is located within the Mount 
Hood National Recreation Area shall be administered in accord-
ance with the Wilderness Act (16 U.S.C. 1131 et seq.). 
(e) TIMBER.—The cutting, sale, or removal of timber within 
the Mount Hood National Recreation Area may be permitted— 
(1) to the extent necessary to improve the health of the 
forest in a manner that— 
(A) maximizes the retention of large trees— 
(i) as appropriate to the forest type; and 
(ii) to the extent that the trees promote stands 
that are fire-resilient and healthy; 
(B) improves the habitats of threatened, endangered, 
or sensitive species; or 
16 USC 460uuu. 
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123 STAT. 1014 
PUBLIC LAW 111–11—MAR. 30, 2009 
(C) maintains or restores the composition and structure 
of the ecosystem by reducing the risk of uncharacteristic 
wildfire; 
(2) to accomplish an approved management activity in fur-
therance of the purposes established by this section, if the 
cutting, sale, or removal of timber is incidental to the manage-
ment activity; or 
(3) for de minimus personal or administrative use within 
the Mount Hood National Recreation Area, where such use 
will not impair the purposes established by this section. 
(f) ROAD CONSTRUCTION.—No new or temporary roads shall 
be constructed or reconstructed within the Mount Hood National 
Recreation Area except as necessary— 
(1) to protect the health and safety of individuals in cases 
of an imminent threat of flood, fire, or any other catastrophic 
event that, without intervention, would cause the loss of life 
or property; 
(2) to conduct environmental cleanup required by the 
United States; 
(3) to allow for the exercise of reserved or outstanding 
rights provided for by a statute or treaty; 
(4) to prevent irreparable resource damage by an existing 
road; or 
(5) to rectify a hazardous road condition. 
(g) WITHDRAWAL.—Subject to valid existing rights, all Federal 
land within the Mount Hood National Recreation Area is withdrawn 
from— 
(1) all forms of entry, appropriation, or disposal under 
the public land laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) disposition under all laws relating to mineral and geo-
thermal leasing. 
(h) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 
(1) IN GENERAL.—Administrative jurisdiction over the Fed-
eral land described in paragraph (2) is transferred from the 
Bureau of Land Management to the Forest Service. 
(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) is the approximately 130 acres of land administered 
by the Bureau of Land Management that is within or adjacent 
to the Mount Hood National Recreation Area and that is identi-
fied as ‘‘BLM Lands’’ on the map entitled ‘‘National Recreation 
Areas—Shellrock Mountain’’, dated February 2007. 
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, 
AND CULTUS CREEK. 
(a) CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGE-
MENT UNIT.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—On completion of the land exchange 
under section 1206(a)(2), there shall be established a spe-
cial resources management unit in the State consisting 
of certain Federal land managed by the Forest Service, 
as generally depicted on the map entitled ‘‘Crystal Springs 
Watershed Special Resources Management Unit’’, dated 
June 2006 (referred to in this subsection as the ‘‘map’’), 
to be known as the ‘‘Crystal Springs Watershed Special 
16 USC 539n. 
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123 STAT. 1015 
PUBLIC LAW 111–11—MAR. 30, 2009 
Resources Management Unit’’ (referred to in this subsection 
as the ‘‘Management Unit’’). 
(B) EXCLUSION OF CERTAIN LAND.—The Management 
Unit does not include any National Forest System land 
otherwise covered by subparagraph (A) that is designated 
as wilderness by section 1202. 
(C) WITHDRAWAL.— 
(i) IN GENERAL.—Subject to valid rights in exist-
ence on the date of enactment of this Act, the Federal 
land designated as the Management Unit is withdrawn 
from all forms of— 
(I) entry, appropriation, or disposal under the 
public land laws; 
(II) location, entry, and patent under the 
mining laws; and 
(III) disposition under all laws pertaining to 
mineral and geothermal leasing or mineral mate-
rials. 
(ii) EXCEPTION.—Clause (i)(I) does not apply to 
the parcel of land generally depicted as ‘‘HES 151’’ 
on the map. 
(2) PURPOSES.—The purposes of the Management Unit 
are— 
(A) to ensure the protection of the quality and quantity 
of the Crystal Springs watershed as a clean drinking water 
source for the residents of Hood River County, Oregon; 
and 
(B) to allow visitors to enjoy the special scenic, natural, 
cultural, and wildlife values of the Crystal Springs water-
shed. 
(3) MAP AND LEGAL DESCRIPTION.— 
(A) SUBMISSION OF LEGAL DESCRIPTION.—As soon as 
practicable after the date of enactment of this Act, the 
Secretary shall file a map and a legal description of the 
Management Unit with— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(B) FORCE OF LAW.—The map and legal description 
filed under subparagraph (A) shall have the same force 
and effect as if included in this subtitle, except that the 
Secretary may correct typographical errors in the map 
and legal description. 
(C) PUBLIC AVAILABILITY.—The map and legal descrip-
tion filed under subparagraph (A) shall be on file and 
available for public inspection in the appropriate offices 
of the Forest Service. 
(4) ADMINISTRATION.— 
(A) IN GENERAL.—The Secretary shall— 
(i) administer the Management Unit— 
(I) in accordance with the laws (including regu-
lations) and rules applicable to units of the 
National Forest System; and 
(II) consistent with the purposes described in 
paragraph (2); and 
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123 STAT. 1016 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) only allow uses of the Management Unit that 
are consistent with the purposes described in para-
graph (2). 
(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS 
AND PRIMARY PUBLIC ROADS.—To protect the water quality, 
water quantity, and scenic, cultural, natural, and wildlife 
values of the Management Unit, the Secretary may conduct 
fuel reduction and forest health management treatments 
to maintain and restore fire-resilient forest structures con-
taining late successional forest structure characterized by 
large trees and multistoried canopies, as ecologically appro-
priate, on National Forest System land in the Management 
Unit— 
(i) in any area located not more than 400 feet 
from structures located on— 
(I) National Forest System land; or 
(II) private land adjacent to National Forest 
System land; 
(ii) in any area located not more than 400 feet 
from the Cooper Spur Road, the Cloud Cap Road, or 
the Cooper Spur Ski Area Loop Road; and 
(iii) on any other National Forest System land 
in the Management Unit, with priority given to activi-
ties that restore previously harvested stands, including 
the removal of logging slash, smaller diameter mate-
rial, and ladder fuels. 
(5) PROHIBITED
ACTIVITIES.—Subject to valid existing 
rights, the following activities shall be prohibited on National 
Forest System land in the Management Unit: 
(A) New road construction or renovation of existing 
non-System roads, except as necessary to protect public 
health and safety. 
(B) Projects undertaken for the purpose of harvesting 
commercial timber (other than activities relating to the 
harvest of merchantable products that are byproducts of 
activities conducted to further the purposes described in 
paragraph (2)). 
(C) Commercial livestock grazing. 
(D) The placement of new fuel storage tanks. 
(E) Except to the extent necessary to further the pur-
poses described in paragraph (2), the application of any 
toxic chemicals (other than fire retardants), including pes-
ticides, rodenticides, or herbicides. 
(6) FOREST ROAD CLOSURES.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary may provide for the closure or gating 
to the general public of any Forest Service road within 
the Management Unit. 
(B) EXCEPTION.—Nothing in this subsection requires 
the Secretary to close the road commonly known as ‘‘Cloud 
Cap Road’’, which shall be administered in accordance with 
otherwise applicable law. 
(7) PRIVATE LAND.— 
(A) EFFECT.—Nothing in this subsection affects the 
use of, or access to, any private property within the area 
identified on the map as the ‘‘Crystal Springs Zone of 
Contribution’’ by— 
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123 STAT. 1017 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) the owners of the private property; and 
(ii) guests to the private property. 
(B) COOPERATION.—The Secretary is encouraged to 
work with private landowners who have agreed to cooperate 
with the Secretary to further the purposes of this sub-
section. 
(8) ACQUISITION OF LAND.— 
(A) IN
GENERAL.—The Secretary may acquire from 
willing landowners any land located within the area identi-
fied on the map as the ‘‘Crystal Springs Zone of Contribu-
tion’’. 
(B) INCLUSION
IN
MANAGEMENT
UNIT.—On the date 
of acquisition, any land acquired under subparagraph (A) 
shall be incorporated in, and be managed as part of, the 
Management Unit. 
(b) PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK.— 
(1) IN GENERAL.—The Secretary shall manage the Federal 
land administered by the Forest Service described in paragraph 
(2) in a manner that preserves the natural and primitive char-
acter of the land for recreational, scenic, and scientific use. 
(2) DESCRIPTION OF LAND.—The Federal land referred to 
in paragraph (1) is— 
(A) the approximately 1,580 acres, as generally 
depicted on the map entitled ‘‘Upper Big Bottom’’, dated 
July 16, 2007; and 
(B) the approximately 280 acres identified as ‘‘Cultus 
Creek’’ on the map entitled ‘‘Clackamas Wilderness—South 
Fork Clackamas’’, dated July 16, 2007. 
(3) MAPS AND LEGAL DESCRIPTIONS.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file maps 
and legal descriptions of the Federal land described in 
paragraph (2) with— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(B) FORCE OF LAW.—The maps and legal descriptions 
filed under subparagraph (A) shall have the same force 
and effect as if included in this subtitle, except that the 
Secretary may correct typographical errors in the maps 
and legal descriptions. 
(C) PUBLIC AVAILABILITY.—Each map and legal descrip-
tion filed under subparagraph (A) shall be on file and 
available for public inspection in the appropriate offices 
of the Forest Service. 
(4) USE OF LAND.— 
(A) IN GENERAL.—Subject to valid existing rights, with 
respect to the Federal land described in paragraph (2), 
the Secretary shall only allow uses that are consistent 
with the purposes identified in paragraph (1). 
(B) PROHIBITED USES.—The following shall be prohib-
ited on the Federal land described in paragraph (2): 
(i) Permanent roads. 
(ii) Commercial enterprises. 
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123 STAT. 1018 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iii) Except as necessary to meet the minimum 
requirements for the administration of the Federal land 
and to protect public health and safety— 
(I) the use of motor vehicles; or 
(II) the establishment of temporary roads. 
(5) WITHDRAWAL.—Subject to valid existing rights, the Fed-
eral land described in paragraph (2) is withdrawn from— 
(A) all forms of entry, appropriation, or disposal under 
the public land laws; 
(B) location, entry, and patent under the mining laws; 
and 
(C) disposition under all laws relating to mineral and 
geothermal leasing. 
SEC. 1206. LAND EXCHANGES. 
(a) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.— 
(1) DEFINITIONS.—In this subsection: 
(A) COUNTY.—The term ‘‘County’’ means Hood River 
County, Oregon. 
(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means 
the map entitled ‘‘Cooper Spur/Government Camp Land 
Exchange’’, dated June 2006. 
(C) FEDERAL LAND.—The term ‘‘Federal land’’ means 
the approximately 120 acres of National Forest System 
land in the Mount Hood National Forest in Government 
Camp, Clackamas County, Oregon, identified as ‘‘USFS 
Land to be Conveyed’’ on the exchange map. 
(D) MT. 
HOOD
MEADOWS.—The term ‘‘Mt. Hood 
Meadows’’ means the Mt. Hood Meadows Oregon, Limited 
Partnership. 
(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 
means— 
(i) the parcel of approximately 770 acres of private 
land at Cooper Spur identified as ‘‘Land to be acquired 
by USFS’’ on the exchange map; and 
(ii) any buildings, furniture, fixtures, and equip-
ment at the Inn at Cooper Spur and the Cooper Spur 
Ski Area covered by an appraisal described in para-
graph (2)(D). 
(2) COOPER
SPUR-GOVERNMENT
CAMP
LAND
EXCHANGE.— 
(A) CONVEYANCE OF LAND.—Subject to the provisions 
of this subsection, if Mt. Hood Meadows offers to convey 
to the United States all right, title, and interest of Mt. 
Hood Meadows in and to the non-Federal land, the Sec-
retary shall convey to Mt. Hood Meadows all right, title, 
and interest of the United States in and to the Federal 
land (other than any easements reserved under subpara-
graph (G)), subject to valid existing rights. 
(B) COMPLIANCE WITH EXISTING LAW.—Except as other-
wise provided in this subsection, the Secretary shall carry 
out the land exchange under this subsection in accordance 
with section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716). 
(C) CONDITIONS ON ACCEPTANCE.— 
(i) TITLE.—As a condition of the land exchange 
under this subsection, title to the non-Federal land 
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123 STAT. 1019 
PUBLIC LAW 111–11—MAR. 30, 2009 
to be acquired by the Secretary under this subsection 
shall be acceptable to the Secretary. 
(ii) TERMS AND CONDITIONS.—The conveyance of 
the Federal land and non-Federal land shall be subject 
to such terms and conditions as the Secretary may 
require. 
(D) APPRAISALS.— 
(i) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary and Mt. 
Hood Meadows shall select an appraiser to conduct 
an appraisal of the Federal land and non-Federal land. 
(ii) REQUIREMENTS.—An appraisal under clause (i) 
shall be conducted in accordance with nationally recog-
nized appraisal standards, including— 
(I) the Uniform Appraisal Standards for Fed-
eral Land Acquisitions; and 
(II) the Uniform Standards of Professional 
Appraisal Practice. 
(E) SURVEYS.— 
(i) IN
GENERAL.—The exact acreage and legal 
description of the Federal land and non-Federal land 
shall be determined by surveys approved by the Sec-
retary. 
(ii) COSTS.—The responsibility for the costs of any 
surveys conducted under clause (i), and any other 
administrative costs of carrying out the land exchange, 
shall be determined by the Secretary and Mt. Hood 
Meadows. 
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.— 
It is the intent of Congress that the land exchange under 
this subsection shall be completed not later than 16 months 
after the date of enactment of this Act. 
(G) RESERVATION OF EASEMENTS.—As a condition of 
the conveyance of the Federal land, the Secretary shall 
reserve— 
(i) a conservation easement to the Federal land 
to protect existing wetland, as identified by the Oregon 
Department of State Lands, that allows equivalent wet-
land mitigation measures to compensate for minor wet-
land encroachments necessary for the orderly develop-
ment of the Federal land; and 
(ii) a trail easement to the Federal land that 
allows— 
(I) nonmotorized use by the public of existing 
trails; 
(II) roads, utilities, and infrastructure facilities 
to cross the trails; and 
(III) improvement or relocation of the trails 
to accommodate development of the Federal land. 
(b) PORT OF CASCADE LOCKS LAND EXCHANGE.— 
(1) DEFINITIONS.—In this subsection: 
(A) EXCHANGE MAP.—The term ‘‘exchange map’’ means 
the map entitled ‘‘Port of Cascade Locks/Pacific Crest 
National Scenic Trail Land Exchange’’, dated June 2006. 
(B) FEDERAL LAND.—The term ‘‘Federal land’’ means 
the parcel of land consisting of approximately 10 acres 
of National Forest System land in the Columbia River 
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123 STAT. 1020 
PUBLIC LAW 111–11—MAR. 30, 2009 
Gorge National Scenic Area identified as ‘‘USFS Land to 
be conveyed’’ on the exchange map. 
(C) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 
means the parcels of land consisting of approximately 40 
acres identified as ‘‘Land to be acquired by USFS’’ on 
the exchange map. 
(D) PORT.—The term ‘‘Port’’ means the Port of Cascade 
Locks, Cascade Locks, Oregon. 
(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST 
NATIONAL SCENIC TRAIL.— 
(A) CONVEYANCE OF LAND.—Subject to the provisions 
of this subsection, if the Port offers to convey to the United 
States all right, title, and interest of the Port in and 
to the non-Federal land, the Secretary shall, subject to 
valid existing rights, convey to the Port all right, title, 
and interest of the United States in and to the Federal 
land. 
(B) COMPLIANCE WITH EXISTING LAW.—Except as other-
wise provided in this subsection, the Secretary shall carry 
out the land exchange under this subsection in accordance 
with section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716). 
(3) CONDITIONS ON ACCEPTANCE.— 
(A) TITLE.—As a condition of the land exchange under 
this subsection, title to the non-Federal land to be acquired 
by the Secretary under this subsection shall be acceptable 
to the Secretary. 
(B) TERMS AND CONDITIONS.—The conveyance of the 
Federal land and non-Federal land shall be subject to such 
terms and conditions as the Secretary may require. 
(4) APPRAISALS.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall select an 
appraiser to conduct an appraisal of the Federal land and 
non-Federal land. 
(B) REQUIREMENTS.—An appraisal under subparagraph 
(A) shall be conducted in accordance with nationally recog-
nized appraisal standards, including— 
(i) the Uniform Appraisal Standards for Federal 
Land Acquisitions; and 
(ii) 
the 
Uniform 
Standards 
of 
Professional 
Appraisal Practice. 
(5) SURVEYS.— 
(A) IN GENERAL.—The exact acreage and legal descrip-
tion of the Federal land and non-Federal land shall be 
determined by surveys approved by the Secretary. 
(B) COSTS.—The responsibility for the costs of any 
surveys conducted under subparagraph (A), and any other 
administrative costs of carrying out the land exchange, 
shall be determined by the Secretary and the Port. 
(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is 
the intent of Congress that the land exchange under this sub-
section shall be completed not later than 16 months after 
the date of enactment of this Act. 
(c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND BOUNDARY 
ADJUSTMENT.— 
(1) DEFINITIONS.—In this subsection: 
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123 STAT. 1021 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) COUNTY.—The term ‘‘County’’ means Clackamas 
County, Oregon. 
(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means 
the map entitled ‘‘Hunchback Mountain Land Exchange, 
Clackamas County’’, dated June 2006. 
(C) FEDERAL LAND.—The term ‘‘Federal land’’ means 
the parcel of land consisting of approximately 160 acres 
of National Forest System land in the Mount Hood National 
Forest identified as ‘‘USFS Land to be Conveyed’’ on the 
exchange map. 
(D) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 
means the parcel of land consisting of approximately 160 
acres identified as ‘‘Land to be acquired by USFS’’ on 
the exchange map. 
(2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— 
(A) CONVEYANCE OF LAND.—Subject to the provisions 
of this paragraph, if the County offers to convey to the 
United States all right, title, and interest of the County 
in and to the non-Federal land, the Secretary shall, subject 
to valid existing rights, convey to the County all right, 
title, and interest of the United States in and to the Federal 
land. 
(B) COMPLIANCE WITH EXISTING LAW.—Except as other-
wise provided in this paragraph, the Secretary shall carry 
out the land exchange under this paragraph in accordance 
with section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716). 
(C) CONDITIONS ON ACCEPTANCE.— 
(i) TITLE.—As a condition of the land exchange 
under this paragraph, title to the non-Federal land 
to be acquired by the Secretary under this paragraph 
shall be acceptable to the Secretary. 
(ii) TERMS AND CONDITIONS.—The conveyance of 
the Federal land and non-Federal land shall be subject 
to such terms and conditions as the Secretary may 
require. 
(D) APPRAISALS.— 
(i) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall select 
an appraiser to conduct an appraisal of the Federal 
land and non-Federal land. 
(ii) REQUIREMENTS.—An appraisal under clause (i) 
shall be conducted in accordance with nationally recog-
nized appraisal standards, including— 
(I) the Uniform Appraisal Standards for Fed-
eral Land Acquisitions; and 
(II) the Uniform Standards of Professional 
Appraisal Practice. 
(E) SURVEYS.— 
(i) IN
GENERAL.—The exact acreage and legal 
description of the Federal land and non-Federal land 
shall be determined by surveys approved by the Sec-
retary. 
(ii) COSTS.—The responsibility for the costs of any 
surveys conducted under clause (i), and any other 
administrative costs of carrying out the land exchange, 
shall be determined by the Secretary and the County. 
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123 STAT. 1022 
PUBLIC LAW 111–11—MAR. 30, 2009 
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.— 
It is the intent of Congress that the land exchange under 
this paragraph shall be completed not later than 16 months 
after the date of enactment of this Act. 
(3) BOUNDARY ADJUSTMENT.— 
(A) IN GENERAL.—The boundary of the Mount Hood 
National Forest shall be adjusted to incorporate— 
(i) any land conveyed to the United States under 
paragraph (2); and 
(ii) the land transferred to the Forest Service by 
section 1204(h)(1). 
(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The 
Secretary shall administer the land described in subpara-
graph (A)— 
(i) in accordance with— 
(I) the Act of March 1, 1911 (commonly known 
as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 
(II) any laws (including regulations) applicable 
to the National Forest System; and 
(ii) subject to sections 1202(c)(3) and 1204(d), as 
applicable. 
(C) LAND AND WATER CONSERVATION FUND.—For the 
purposes of section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of 
the Mount Hood National Forest modified by this para-
graph shall be considered to be the boundaries of the 
Mount Hood National Forest in existence as of January 
1, 1965. 
(d) CONDITIONS ON DEVELOPMENT OF FEDERAL LAND.— 
(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FED-
ERAL LAND.— 
(A) IN GENERAL.—As a condition of each of the convey-
ances of Federal land under this section, the Secretary 
shall include in the deed of conveyance a requirement 
that applicable construction activities and alterations shall 
be conducted in accordance with— 
(i) nationally recognized building and property 
maintenance codes; and 
(ii) nationally recognized codes for development 
in the wildland-urban interface and wildfire hazard 
mitigation. 
(B) APPLICABLE LAW.—To the maximum extent prac-
ticable, the codes required under subparagraph (A) shall 
be consistent with the nationally recognized codes adopted 
or referenced by the State or political subdivisions of the 
State. 
(C) ENFORCEMENT.—The requirements under subpara-
graph (A) may be enforced by the same entities otherwise 
enforcing codes, ordinances, and standards. 
(2) COMPLIANCE WITH CODES ON FEDERAL LAND.—The Sec-
retary shall ensure that applicable construction activities and 
alterations undertaken or permitted by the Secretary on 
National Forest System land in the Mount Hood National 
Forest are conducted in accordance with— 
(A) nationally recognized building and property mainte-
nance codes; and 
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123 STAT. 1023 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) nationally recognized codes for development in the 
wildland-urban interface development and wildfire hazard 
mitigation. 
(3) EFFECT
ON
ENFORCEMENT
BY
STATES
AND
POLITICAL 
SUBDIVISIONS.—Nothing in this subsection alters or limits the 
power of the State or a political subdivision of the State to 
implement or enforce any law (including regulations), rule, 
or standard relating to development or fire prevention and 
control. 
SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES. 
(a) TRANSPORTATION PLAN.— 
(1) IN GENERAL.—The Secretary shall seek to participate 
in the development of an integrated, multimodal transportation 
plan developed by the Oregon Department of Transportation 
for the Mount Hood region to achieve comprehensive solutions 
to transportation challenges in the Mount Hood region— 
(A) to promote appropriate economic development; 
(B) to preserve the landscape of the Mount Hood region; 
and 
(C) to enhance public safety. 
(2) ISSUES
TO
BE
ADDRESSED.—In participating in the 
development of the transportation plan under paragraph (1), 
the Secretary shall seek to address— 
(A) transportation alternatives between and among 
recreation areas and gateway communities that are located 
within the Mount Hood region; 
(B) establishing park-and-ride facilities that shall be 
located at gateway communities; 
(C) establishing intermodal transportation centers to 
link public transportation, parking, and recreation destina-
tions; 
(D) creating a new interchange on Oregon State High-
way 26 located adjacent to or within Government Camp; 
(E) designating, maintaining, and improving alter-
native routes using Forest Service or State roads for— 
(i) providing emergency routes; or 
(ii) improving access to, and travel within, the 
Mount Hood region; 
(F) the feasibility of establishing— 
(i) a gondola connection that— 
(I) connects Timberline Lodge to Government 
Camp; and 
(II) is located in close proximity to the site 
of the historic gondola corridor; and 
(ii) an intermodal transportation center to be 
located in close proximity to Government Camp; 
(G) burying power lines located in, or adjacent to, 
the Mount Hood National Forest along Interstate 84 near 
the City of Cascade Locks, Oregon; and 
(H) creating mechanisms for funding the implementa-
tion of the transportation plan under paragraph (1), 
including— 
(i) funds provided by the Federal Government; 
(ii) public-private partnerships; 
(iii) incremental tax financing; and 
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123 STAT. 1024 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iv) other financing tools that link transportation 
infrastructure improvements with development. 
(b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.— 
(1) IN GENERAL.—The Secretary shall prepare a report on, 
and implementation schedule for, the vegetation management 
strategy (including recommendations for biomass utilization) 
for the Mount Hood National Forest being developed by the 
Forest Service. 
(2) SUBMISSION TO CONGRESS.— 
(A) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit the 
report to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(B) IMPLEMENTATION SCHEDULE.—Not later than 1 year 
after the date on which the vegetation management 
strategy referred to in paragraph (1) is completed, the 
Secretary shall submit the implementation schedule to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(c) LOCAL AND TRIBAL RELATIONSHIPS.— 
(1) MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Secretary, in consultation with 
Indian tribes with treaty-reserved gathering rights on land 
encompassed by the Mount Hood National Forest and in 
a manner consistent with the memorandum of under-
standing entered into between the Department of Agri-
culture, the Bureau of Land Management, the Bureau of 
Indian Affairs, and the Confederated Tribes and Bands 
of the Warm Springs Reservation of Oregon, dated April 
25, 2003, as modified, shall develop and implement a 
management plan that meets the cultural foods obligations 
of the United States under applicable treaties, including 
the Treaty with the Tribes and Bands of Middle Oregon 
of June 25, 1855 (12 Stat. 963). 
(B) EFFECT.—This paragraph shall be considered to 
be consistent with, and is intended to help implement, 
the gathering rights reserved by the treaty described in 
subparagraph (A). 
(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN 
TRIBES.— 
(A) TREATY RIGHTS.—Nothing in this subtitle alters, 
modifies, enlarges, diminishes, or abrogates the treaty 
rights of any Indian tribe, including the off-reservation 
reserved rights secured by the Treaty with the Tribes and 
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 
(B) TRIBAL LAND.—Nothing in this subtitle affects land 
held in trust by the Secretary of the Interior for Indian 
tribes or individual members of Indian tribes or other 
land acquired by the Army Corps of Engineers and adminis-
tered by the Secretary of the Interior for the benefit of 
Indian tribes and individual members of Indian tribes. 
(d) RECREATIONAL USES.— 
Deadline. 
Reports. 
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123 STAT. 1025 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING 
GROUP.—The Secretary may establish a working group for the 
purpose of providing advice and recommendations to the Forest 
Service on planning and implementing recreation enhance-
ments in the Mount Hood National Forest. 
(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO 
RECREATIONAL USES.—In considering a Forest Service road in 
the Mount Hood National Forest for possible closure and 
decommissioning after the date of enactment of this Act, the 
Secretary, in accordance with applicable law, shall consider, 
as an alternative to decommissioning the road, converting the 
road to recreational uses to enhance recreational opportunities 
in the Mount Hood National Forest. 
(3) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABIL-
ITIES.—The Secretary, in consultation with the public, may 
design and construct a trail at a location selected by the Sec-
retary in Mount Hood National Forest suitable for use by 
persons with disabilities. 
Subtitle D—Copper Salmon Wilderness, 
Oregon 
SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS. 
(a) DESIGNATION.—Section 3 of the Oregon Wilderness Act of 
1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘eight 
hundred fifty-nine thousand six hundred acres’’ and inserting 
‘‘873,300 acres’’; 
(2) in paragraph (29), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(30) certain land in the Siskiyou National Forest, com-
prising approximately 13,700 acres, as generally depicted on 
the map entitled ‘Proposed Copper Salmon Wilderness Area’ 
and dated December 7, 2007, to be known as the ‘Copper 
Salmon Wilderness’.’’. 
(b) MAPS AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary of Agriculture (referred 
to in this subtitle as the ‘‘Secretary’’) shall file a map and 
a legal description of the Copper Salmon Wilderness with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct typographical errors in the map and legal description. 
(3) BOUNDARY.—If the boundary of the Copper Salmon 
Wilderness shares a border with a road, the Secretary may 
only establish an offset that is not more than 150 feet from 
the centerline of the road. 
(4) PUBLIC AVAILABILITY.—Each map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Forest Service. 
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123 STAT. 1026 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, 
OREGON. 
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(76)) is amended— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘19-mile segment’’ and inserting ‘‘29-mile segment’’; 
(2) in subparagraph (A), by striking ‘‘; and’’ and inserting 
a period; and 
(3) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B)(i) The approximately 0.6-mile segment of the 
North Fork Elk from its source in sec. 21, T. 33 S., R. 
12 W., Willamette Meridian, downstream to 0.01 miles 
below Forest Service Road 3353, as a scenic river. 
‘‘(ii) The approximately 5.5-mile segment of the North 
Fork Elk from 0.01 miles below Forest Service Road 3353 
to its confluence with the South Fork Elk, as a wild river. 
‘‘(C)(i) The approximately 0.9-mile segment of the 
South Fork Elk from its source in the southeast quarter 
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, down-
stream to 0.01 miles below Forest Service Road 3353, as 
a scenic river. 
‘‘(ii) The approximately 4.2-mile segment of the South 
Fork Elk from 0.01 miles below Forest Service Road 3353 
to its confluence with the North Fork Elk, as a wild river.’’. 
SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 
(a) IN GENERAL.—Nothing in this subtitle shall be construed 
as diminishing any right of any Indian tribe. 
(b) MEMORANDUM
OF UNDERSTANDING.—The Secretary shall 
seek to enter into a memorandum of understanding with the 
Coquille Indian Tribe regarding access to the Copper Salmon 
Wilderness to conduct historical and cultural activities. 
Subtitle E—Cascade-Siskiyou National 
Monument, Oregon 
SEC. 1401. DEFINITIONS. 
In this subtitle: 
(1) BOX R RANCH LAND EXCHANGE MAP.—The term ‘‘Box 
R Ranch land exchange map’’ means the map entitled ‘‘Proposed 
Rowlett Land Exchange’’ and dated June 13, 2006. 
(2) BUREAU
OF
LAND
MANAGEMENT
LAND.—The term 
‘‘Bureau of Land Management land’’ means the approximately 
40 acres of land administered by the Bureau of Land Manage-
ment identified as ‘‘Rowlett Selected’’, as generally depicted 
on the Box R Ranch land exchange map. 
(3) DEERFIELD LAND EXCHANGE MAP.—The term ‘‘Deerfield 
land exchange map’’ means the map entitled ‘‘Proposed Deer-
field-BLM Property Line Adjustment’’ and dated May 1, 2008. 
(4) DEERFIELD PARCEL.—The term ‘‘Deerfield parcel’’ means 
the approximately 1.5 acres of land identified as ‘‘From Deer-
field to BLM’’, as generally depicted on the Deerfield land 
exchange map. 
(5) FEDERAL PARCEL.—The term ‘‘Federal parcel’’ means 
the approximately 1.3 acres of land administered by the Bureau 
16 USC 431 note. 
16 USC 1274 
note. 
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123 STAT. 1027 
PUBLIC LAW 111–11—MAR. 30, 2009 
of Land Management identified as ‘‘From BLM to Deerfield’’, 
as generally depicted on the Deerfield land exchange map. 
(6) GRAZING
ALLOTMENT.—The term ‘‘grazing allotment’’ 
means any of the Box R, Buck Lake, Buck Mountain, Buck 
Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, 
Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, 
North Cove Creek, and Soda Mountain grazing allotments in 
the State. 
(7) GRAZING LEASE.—The term ‘‘grazing lease’’ means any 
document authorizing the use of a grazing allotment for the 
purpose of grazing livestock for commercial purposes. 
(8) LANDOWNER.—The term ‘‘Landowner’’ means the owner 
of the Box R Ranch in the State. 
(9) LESSEE.—The term ‘‘lessee’’ means a livestock operator 
that holds a valid existing grazing lease for a grazing allotment. 
(10) LIVESTOCK.—The term ‘‘livestock’’ does not include 
beasts of burden used for recreational purposes. 
(11) MONUMENT.—The term ‘‘Monument’’ means the Cas-
cade-Siskiyou National Monument in the State. 
(12) ROWLETT PARCEL.—The term ‘‘Rowlett parcel’’ means 
the parcel of approximately 40 acres of private land identified 
as ‘‘Rowlett Offered’’, as generally depicted on the Box R Ranch 
land exchange map. 
(13) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(14) STATE.—The term ‘‘State’’ means the State of Oregon. 
(15) WILDERNESS.—The term ‘‘Wilderness’’ means the Soda 
Mountain Wilderness designated by section 1405(a). 
(16) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 
the map entitled ‘‘Soda Mountain Wilderness’’ and dated May 
5, 2008. 
SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM. 
(a) EXISTING GRAZING LEASES.— 
(1) DONATION OF LEASE.— 
(A) ACCEPTANCE BY SECRETARY.—The Secretary shall 
accept any grazing lease that is donated by a lessee. 
(B) TERMINATION.—The Secretary shall terminate any 
grazing lease acquired under subparagraph (A). 
(C) NO NEW GRAZING LEASE.—Except as provided in 
paragraph (3), with respect to each grazing lease donated 
under subparagraph (A), the Secretary shall— 
(i) not issue any new grazing lease within the 
grazing allotment covered by the grazing lease; and 
(ii) ensure a permanent end to livestock grazing 
on the grazing allotment covered by the grazing lease. 
(2) DONATION OF PORTION OF GRAZING LEASE.— 
(A) IN GENERAL.—A lessee with a grazing lease for 
a grazing allotment partially within the Monument may 
elect to donate only that portion of the grazing lease that 
is within the Monument. 
(B) ACCEPTANCE BY SECRETARY.—The Secretary shall 
accept the portion of a grazing lease that is donated under 
subparagraph (A). 
(C) MODIFICATION OF LEASE.—Except as provided in 
paragraph (3), if a lessee donates a portion of a grazing 
lease under subparagraph (A), the Secretary shall— 
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123 STAT. 1028 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) reduce the authorized grazing level and area 
to reflect the donation; and 
(ii) modify the grazing lease to reflect the reduced 
level and area of use. 
(D) AUTHORIZED
LEVEL.—To ensure that there is a 
permanent reduction in the level and area of livestock 
grazing on the land covered by a portion of a grazing 
lease donated under subparagraph (A), the Secretary shall 
not allow grazing to exceed the authorized level and area 
established under subparagraph (C). 
(3) COMMON ALLOTMENTS.— 
(A) IN GENERAL.—If a grazing allotment covered by 
a grazing lease or portion of a grazing lease that is donated 
under paragraph (1) or (2) also is covered by another 
grazing lease that is not donated, the Secretary shall reduce 
the grazing level on the grazing allotment to reflect the 
donation. 
(B) AUTHORIZED
LEVEL.—To ensure that there is a 
permanent reduction in the level of livestock grazing on 
the land covered by the grazing lease or portion of a grazing 
lease donated under paragraph (1) or (2), the Secretary 
shall not allow grazing to exceed the level established 
under subparagraph (A). 
(b) LIMITATIONS.—The Secretary— 
(1) with respect to the Agate, Emigrant Creek, and Siskiyou 
allotments in and near the Monument— 
(A) shall not issue any grazing lease; and 
(B) shall ensure a permanent end to livestock grazing 
on each allotment; and 
(2) shall not establish any new allotments for livestock 
grazing that include any Monument land (whether leased or 
not leased for grazing on the date of enactment of this Act). 
(c) EFFECT
OF DONATION.—A lessee who donates a grazing 
lease or a portion of a grazing lease under this section shall be 
considered to have waived any claim to any range improvement 
on the associated grazing allotment or portion of the associated 
grazing allotment, as applicable. 
SEC. 1403. BOX R RANCH LAND EXCHANGE. 
(a) IN GENERAL.—For the purpose of protecting and consoli-
dating Federal land within the Monument, the Secretary— 
(1) may offer to convey to the Landowner the Bureau 
of Land Management land in exchange for the Rowlett parcel; 
and 
(2) if the Landowner accepts the offer— 
(A) the Secretary shall convey to the Landowner all 
right, title, and interest of the United States in and to 
the Bureau of Land Management land; and 
(B) the Landowner shall convey to the Secretary all 
right, title, and interest of the Landowner in and to the 
Rowlett parcel. 
(b) SURVEYS.— 
(1) IN GENERAL.—The exact acreage and legal description 
of the Bureau of Land Management land and the Rowlett 
parcel shall be determined by surveys approved by the Sec-
retary. 
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123 STAT. 1029 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) COSTS.—The responsibility for the costs of any surveys 
conducted under paragraph (1), and any other administrative 
costs of carrying out the land exchange, shall be determined 
by the Secretary and the Landowner. 
(c) CONDITIONS.—The conveyance of the Bureau of Land 
Management land and the Rowlett parcel under this section shall 
be subject to— 
(1) valid existing rights; 
(2) title to the Rowlett parcel being acceptable to the Sec-
retary and in conformance with the title approval standards 
applicable to Federal land acquisitions; 
(3) such terms and conditions as the Secretary may require; 
and 
(4) except as otherwise provided in this section, any laws 
(including regulations) applicable to the conveyance and 
acquisition of land by the Bureau of Land Management. 
(d) APPRAISALS.— 
(1) IN GENERAL.—The Bureau of Land Management land 
and the Rowlett parcel shall be appraised by an independent 
appraiser selected by the Secretary. 
(2) REQUIREMENTS.—An appraisal conducted under para-
graph (1) shall be conducted in accordance with— 
(A) the Uniform Appraisal Standards for Federal Land 
Acquisitions; and 
(B) the Uniform Standards of Professional Appraisal 
Practice. 
(3) APPROVAL.—The appraisals conducted under this sub-
section shall be submitted to the Secretary for approval. 
(e) GRAZING ALLOTMENT.—As a condition of the land exchange 
authorized under this section, the lessee of the grazing lease for 
the Box R grazing allotment shall donate the Box R grazing lease 
in accordance with section 1402(a)(1). 
SEC. 1404. DEERFIELD LAND EXCHANGE. 
(a) IN GENERAL.—For the purpose of protecting and consoli-
dating Federal land within the Monument, the Secretary— 
(1) may offer to convey to Deerfield Learning Associates 
the Federal parcel in exchange for the Deerfield parcel; and 
(2) if Deerfield Learning Associates accepts the offer— 
(A) the Secretary shall convey to Deerfield Learning 
Associates all right, title, and interest of the United States 
in and to the Federal parcel; and 
(B) Deerfield Learning Associates shall convey to the 
Secretary all right, title, and interest of Deerfield Learning 
Associates in and to the Deerfield parcel. 
(b) SURVEYS.— 
(1) IN GENERAL.—The exact acreage and legal description 
of the Federal parcel and the Deerfield parcel shall be deter-
mined by surveys approved by the Secretary. 
(2) COSTS.—The responsibility for the costs of any surveys 
conducted under paragraph (1), and any other administrative 
costs of carrying out the land exchange, shall be determined 
by the Secretary and Deerfield Learning Associates. 
(c) CONDITIONS.— 
(1) IN
GENERAL.—The conveyance of the Federal parcel 
and the Deerfield parcel under this section shall be subject 
to— 
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123 STAT. 1030 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) valid existing rights; 
(B) title to the Deerfield parcel being acceptable to 
the Secretary and in conformance with the title approval 
standards applicable to Federal land acquisitions; 
(C) such terms and conditions as the Secretary may 
require; and 
(D) except as otherwise provided in this section, any 
laws (including regulations) applicable to the conveyance 
and acquisition of land by the Bureau of Land Manage-
ment. 
(d) APPRAISALS.— 
(1) IN
GENERAL.—The Federal parcel and the Deerfield 
parcel shall be appraised by an independent appraiser selected 
by the Secretary. 
(2) REQUIREMENTS.—An appraisal conducted under para-
graph (1) shall be conducted in accordance with— 
(A) the Uniform Appraisal Standards for Federal Land 
Acquisitions; and 
(B) the Uniform Standards of Professional Appraisal 
Practice. 
(3) APPROVAL.—The appraisals conducted under this sub-
section shall be submitted to the Secretary for approval. 
SEC. 1405. SODA MOUNTAIN WILDERNESS. 
(a) DESIGNATION.—In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), approximately 24,100 acres of Monument 
land, as generally depicted on the wilderness map, is designated 
as wilderness and as a component of the National Wilderness 
Preservation System, to be known as the ‘‘Soda Mountain Wilder-
ness’’. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon 
as practicable after the date of enactment of this Act, the 
Secretary shall file a map and legal description of the Wilder-
ness with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE AND EFFECT.— 
(A) IN GENERAL.—The map and legal description filed 
under paragraph (1) shall have the same force and effect 
as if included in this subtitle, except that the Secretary 
may correct any clerical or typographical error in the map 
or legal description. 
(B) NOTIFICATION.—The Secretary shall submit to Con-
gress notice of any changes made in the map or legal 
description under subparagraph (A), including notice of 
the reason for the change. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Bureau of 
Land Management. 
(c) ADMINISTRATION OF WILDERNESS.— 
16 USC 1132 
note. 
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123 STAT. 1031 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN
GENERAL.—Subject to valid existing rights, the 
Wilderness shall be administered by the Secretary in accord-
ance with the Wilderness Act (16 U.S.C. 1131 et seq.), except 
that— 
(A) any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be considered to be a 
reference to the date of enactment of this Act; and 
(B) any reference in that Act to the Secretary of Agri-
culture shall be considered to be a reference to the Sec-
retary of the Interior. 
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES.— 
Except as provided by Presidential Proclamation Number 7318, 
dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness 
areas designated by this subtitle, the Secretary may take such 
measures in accordance with section 4(d)(1) of the Wilderness 
Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, 
insects, and diseases, subject to such terms and conditions 
as the Secretary determines to be desirable and appropriate. 
(3) LIVESTOCK.—Except as provided in section 1402 and 
by Presidential Proclamation Number 7318, dated June 9, 2000 
(65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, 
if established before the date of enactment of this Act, shall 
be permitted to continue subject to such reasonable regulations 
as are considered necessary by the Secretary in accordance 
with— 
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(B) the guidelines set forth in Appendix A of the report 
of the Committee on Interior and Insular Affairs of the 
House of Representatives accompanying H.R. 2570 of the 
101st Congress (H. Rept. 101–405). 
(4) FISH AND WILDLIFE MANAGEMENT.—In accordance with 
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
nothing in this subtitle affects the jurisdiction of the State 
with respect to fish and wildlife on public land in the State. 
(5) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land or interest in land within the boundary of the Wilder-
ness that is acquired by the United States shall— 
(A) become part of the Wilderness; and 
(B) be managed in accordance with this subtitle, the 
Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
applicable law. 
SEC. 1406. EFFECT. 
Nothing in this subtitle— 
(1) affects the authority of a Federal agency to modify 
or terminate grazing permits or leases, except as provided 
in section 1402; 
(2) authorizes the use of eminent domain; 
(3) creates a property right in any grazing permit or lease 
on Federal land; 
(4) establishes a precedent for future grazing permit or 
lease donation programs; or 
(5) affects the allocation, ownership, interest, or control, 
in existence on the date of enactment of this Act, of any water, 
water right, or any other valid existing right held by the United 
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123 STAT. 1032 
PUBLIC LAW 111–11—MAR. 30, 2009 
States, an Indian tribe, a State, or a private individual, partner-
ship, or corporation. 
Subtitle F—Owyhee Public Land 
Management 
SEC. 1501. DEFINITIONS. 
In this subtitle: 
(1) ACCOUNT.—The term ‘‘account’’ means the Owyhee Land 
Acquisition Account established by section 1505(b)(1). 
(2) COUNTY.—The term ‘‘County’’ means Owyhee County, 
Idaho. 
(3) OWYHEE FRONT.—The term ‘‘Owyhee Front’’ means the 
area of the County from Jump Creek on the west to Mud 
Flat Road on the east and draining north from the crest of 
the Silver City Range to the Snake River. 
(4) PLAN.—The term ‘‘plan’’ means a travel management 
plan for motorized and mechanized off-highway vehicle recre-
ation prepared under section 1507. 
(5) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 
given the term in section 103(e) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1702(e)). 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State of Idaho. 
(8) TRIBES.—The term ‘‘Tribes’’ means the Shoshone Paiute 
Tribes of the Duck Valley Reservation. 
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER. 
(a) ESTABLISHMENT.—The Secretary, in coordination with the 
Tribes, State, and County, and in consultation with the University 
of Idaho, Federal grazing permittees, and public, shall establish 
the Owyhee Science Review and Conservation Center in the County 
to conduct research projects to address natural resources manage-
ment issues affecting public and private rangeland in the County. 
(b) PURPOSE.—The purpose of the center established under 
subsection (a) shall be to facilitate the collection and analysis of 
information to provide Federal and State agencies, the Tribes, the 
County, private landowners, and the public with information on 
improved rangeland management. 
SEC. 1503. WILDERNESS AREAS. 
(a) WILDERNESS AREAS DESIGNATION.— 
(1) IN GENERAL.—In accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.), the following areas in the State are 
designated as wilderness areas and as components of the 
National Wilderness Preservation System: 
(A) BIG JACKS CREEK WILDERNESS.—Certain land com-
prising approximately 52,826 acres, as generally depicted 
on the map entitled ‘‘Little Jacks Creek and Big Jacks 
Creek Wilderness’’ and dated May 5, 2008, which shall 
be known as the ‘‘Big Jacks Creek Wilderness’’. 
(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.—Certain 
land comprising approximately 89,996 acres, as generally 
depicted on the map entitled ‘‘Bruneau-Jarbidge Rivers 
16 USC 1132 
note. 
Idaho. 
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123 STAT. 1033 
PUBLIC LAW 111–11—MAR. 30, 2009 
Wilderness’’ and dated December 15, 2008, which shall 
be known as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. 
(C) LITTLE JACKS CREEK WILDERNESS.—Certain land 
comprising approximately 50,929 acres, as generally 
depicted on the map entitled ‘‘Little Jacks Creek and Big 
Jacks Creek Wilderness’’ and dated May 5, 2008, which 
shall be known as the ‘‘Little Jacks Creek Wilderness’’. 
(D) NORTH FORK OWYHEE WILDERNESS.—Certain land 
comprising approximately 43,413 acres, as generally 
depicted on the map entitled ‘‘North Fork Owyhee and 
Pole Creek Wilderness’’ and dated May 5, 2008, which 
shall be known as the ‘‘North Fork Owyhee Wilderness’’. 
(E) OWYHEE
RIVER
WILDERNESS.—Certain land com-
prising approximately 267,328 acres, as generally depicted 
on the map entitled ‘‘Owyhee River Wilderness’’ and dated 
May 5, 2008, which shall be known as the ‘‘Owyhee River 
Wilderness’’. 
(F) POLE CREEK WILDERNESS.—Certain land comprising 
approximately 12,533 acres, as generally depicted on the 
map entitled ‘‘North Fork Owyhee and Pole Creek Wilder-
ness’’ and dated May 5, 2008, which shall be known as 
the ‘‘Pole Creek Wilderness’’. 
(2) MAPS AND LEGAL DESCRIPTIONS.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a map and legal description for 
each area designated as wilderness by this subtitle. 
(B) EFFECT.—Each map and legal description sub-
mitted under subparagraph (A) shall have the same force 
and effect as if included in this subtitle, except that the 
Secretary may correct minor errors in the map or legal 
description. 
(C) AVAILABILITY.—Each map and legal description 
submitted under subparagraph (A) shall be available in 
the appropriate offices of the Bureau of Land Management. 
(3) RELEASE OF WILDERNESS STUDY AREAS.— 
(A) IN GENERAL.—Congress finds that, for the purposes 
of section 603(c) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1782(c)), the public land in 
the County administered by the Bureau of Land Manage-
ment has been adequately studied for wilderness designa-
tion. 
(B) RELEASE.—Any public land referred to in subpara-
graph (A) that is not designated as wilderness by this 
subtitle— 
(i) is no longer subject to section 603(c) of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)); and 
(ii) shall be managed in accordance with the 
applicable land use plan adopted under section 202 
of that Act (43 U.S.C. 1712). 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—Subject to valid existing rights, each area 
designated as wilderness by this subtitle shall be administered 
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123 STAT. 1034 
PUBLIC LAW 111–11—MAR. 30, 2009 
by the Secretary in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), except that— 
(A) any reference in that Act to the effective date 
shall be considered to be a reference to the date of enact-
ment of this Act; and 
(B) any reference in that Act to the Secretary of Agri-
culture shall be considered to be a reference to the Sec-
retary of the Interior. 
(2) WITHDRAWAL.—Subject to valid existing rights, the Fed-
eral land designated as wilderness by this subtitle is withdrawn 
from all forms of— 
(A) entry, appropriation, or disposal under the public 
land laws; 
(B) location, entry, and patent under the mining laws; 
and 
(C) disposition under the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(3) LIVESTOCK.— 
(A) IN GENERAL.—In the wilderness areas designated 
by this subtitle, the grazing of livestock in areas in which 
grazing is established as of the date of enactment of this 
Act shall be allowed to continue, subject to such reasonable 
regulations, policies, and practices as the Secretary con-
siders necessary, consistent with section 4(d)(4) of the 
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
described in Appendix A of House Report 101–405. 
(B) INVENTORY.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall conduct an 
inventory of existing facilities and improvements associated 
with grazing activities in the wilderness areas and wild 
and scenic rivers designated by this subtitle. 
(C) FENCING.—The Secretary may construct and main-
tain fencing around wilderness areas designated by this 
subtitle as the Secretary determines to be appropriate to 
enhance wilderness values. 
(D) DONATION OF GRAZING PERMITS OR LEASES.— 
(i) ACCEPTANCE
BY
SECRETARY.—The Secretary 
shall accept the donation of any valid existing permits 
or leases authorizing grazing on public land, all or 
a portion of which is within the wilderness areas des-
ignated by this subtitle. 
(ii) TERMINATION.—With respect to each permit 
or lease donated under clause (i), the Secretary shall— 
(I) terminate the grazing permit or lease; and 
(II) except as provided in clause (iii), ensure 
a permanent end to grazing on the land covered 
by the permit or lease. 
(iii) COMMON ALLOTMENTS.— 
(I) IN
GENERAL.—If the land covered by a 
permit or lease donated under clause (i) is also 
covered by another valid existing permit or lease 
that is not donated under clause (i), the Secretary 
shall reduce the authorized grazing level on the 
land covered by the permit or lease to reflect the 
donation of the permit or lease under clause (i). 
(II) AUTHORIZED LEVEL.—To ensure that there 
is a permanent reduction in the level of grazing 
Deadline. 
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123 STAT. 1035 
PUBLIC LAW 111–11—MAR. 30, 2009 
on the land covered by a permit or lease donated 
under clause (i), the Secretary shall not allow 
grazing use to exceed the authorized level estab-
lished under subclause (I). 
(iv) PARTIAL DONATION.— 
(I) IN GENERAL.—If a person holding a valid 
grazing permit or lease donates less than the full 
amount of grazing use authorized under the permit 
or lease, the Secretary shall— 
(aa) reduce the authorized grazing level 
to reflect the donation; and 
(bb) modify the permit or lease to reflect 
the revised level of use. 
(II) AUTHORIZED LEVEL.—To ensure that there 
is a permanent reduction in the authorized level 
of grazing on the land covered by a permit or 
lease donated under subclause (I), the Secretary 
shall not allow grazing use to exceed the author-
ized level established under that subclause. 
(4) ACQUISITION OF LAND AND INTERESTS IN LAND.— 
(A) IN GENERAL.—Consistent with applicable law, the 
Secretary may acquire land or interests in land within 
the boundaries of the wilderness areas designated by this 
subtitle by purchase, donation, or exchange. 
(B) INCORPORATION OF ACQUIRED LAND.—Any land or 
interest in land in, or adjoining the boundary of, a wilder-
ness area designated by this subtitle that is acquired by 
the United States shall be added to, and administered 
as part of, the wilderness area in which the acquired land 
or interest in land is located. 
(5) TRAIL PLAN.— 
(A) IN
GENERAL.—The Secretary, after providing 
opportunities for public comment, shall establish a trail 
plan that addresses hiking and equestrian trails on the 
land designated as wilderness by this subtitle, in a manner 
consistent with the Wilderness Act (16 U.S.C. 1131 et 
seq.). 
(B) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report that describes the implementation of 
the trail plan. 
(6) OUTFITTING
AND
GUIDE
ACTIVITIES.—Consistent with 
section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 
commercial services (including authorized outfitting and guide 
activities) are authorized in wilderness areas designated by 
this subtitle to the extent necessary for activities that fulfill 
the recreational or other wilderness purposes of the areas. 
(7) ACCESS TO PRIVATE PROPERTY.—In accordance with sec-
tion 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Sec-
retary shall provide any owner of private property within the 
boundary of a wilderness area designated by this subtitle ade-
quate access to the property. 
(8) FISH AND WILDLIFE.— 
(A) IN GENERAL.—Nothing in this subtitle affects the 
jurisdiction of the State with respect to fish and wildlife 
on public land in the State. 
(B) MANAGEMENT ACTIVITIES.— 
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123 STAT. 1036 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) IN GENERAL.—In furtherance of the purposes 
and principles of the Wilderness Act (16 U.S.C. 1131 
et seq.), the Secretary may conduct any management 
activities that are necessary to maintain or restore 
fish and wildlife populations and habitats in the wilder-
ness areas designated by this subtitle, if the manage-
ment activities are— 
(I) 
consistent 
with 
relevant 
wilderness 
management plans; and 
(II) conducted in accordance with appropriate 
policies, such as the policies established in 
Appendix B of House Report 101–405. 
(ii) INCLUSIONS.—Management activities under 
clause (i) may include the occasional and temporary 
use of motorized vehicles, if the use, as determined 
by the Secretary, would promote healthy, viable, and 
more naturally distributed wildlife populations that 
would enhance wilderness values while causing the 
minimum impact necessary to accomplish those tasks. 
(C) EXISTING
ACTIVITIES.—Consistent with section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
in accordance with appropriate policies, such as those 
established in Appendix B of House Report 101–405, the 
State may use aircraft (including helicopters) in the wilder-
ness areas designated by this subtitle to survey, capture, 
transplant, monitor, and provide water for wildlife popu-
lations, including bighorn sheep, and feral stock, feral 
horses, and feral burros. 
(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—Con-
sistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary may take any measures that the 
Secretary determines to be necessary to control fire, insects, 
and diseases, including, as the Secretary determines appro-
priate, the coordination of those activities with a State or 
local agency. 
(10) ADJACENT MANAGEMENT.— 
(A) IN GENERAL.—The designation of a wilderness area 
by this subtitle shall not create any protective perimeter 
or buffer zone around the wilderness area. 
(B) NONWILDERNESS ACTIVITIES.—The fact that non-
wilderness activities or uses can be seen or heard from 
areas within a wilderness area designated by this subtitle 
shall not preclude the conduct of those activities or uses 
outside the boundary of the wilderness area. 
(11) MILITARY
OVERFLIGHTS.—Nothing in this subtitle 
restricts or precludes— 
(A) low-level overflights of military aircraft over the 
areas designated as wilderness by this subtitle, including 
military overflights that can be seen or heard within the 
wilderness areas; 
(B) flight testing and evaluation; or 
(C) the designation or creation of new units of special 
use airspace, or the establishment of military flight training 
routes, over the wilderness areas. 
(12) WATER RIGHTS.— 
(A) IN GENERAL.—The designation of areas as wilder-
ness by subsection (a) shall not create an express or implied 
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123 STAT. 1037 
PUBLIC LAW 111–11—MAR. 30, 2009 
reservation by the United States of any water or water 
rights for wilderness purposes with respect to such areas. 
(B) EXCLUSIONS.—This paragraph does not apply to 
any components of the National Wild and Scenic Rivers 
System designated by section 1504. 
SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is 
amended by adding at the end the following: 
‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of Battle 
Creek from the confluence of the Owyhee River to the upstream 
boundary of the Owyhee River Wilderness, to be administered 
by the Secretary of the Interior as a wild river. 
‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 miles of Big 
Jacks Creek from the downstream border of the Big Jacks 
Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point 
at which it enters the NW 1⁄4 of sec. 26, T. 10 S., R. 2 E., 
Boise Meridian, to be administered by the Secretary of the 
Interior as a wild river. 
‘‘(182) BRUNEAU RIVER, IDAHO.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the 39.3-mile segment of the Bruneau River from the 
downstream boundary of the Bruneau-Jarbidge Wilderness 
to the upstream confluence with the west fork of the 
Bruneau River, to be administered by the Secretary of 
the Interior as a wild river. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
the 0.6-mile segment of the Bruneau River at the Indian 
Hot Springs public road access shall be administered by 
the Secretary of the Interior as a recreational river. 
‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.—The approxi-
mately 0.35 miles of the West Fork of the Bruneau River 
from the confluence with the Jarbidge River to the downstream 
boundary of the Bruneau Canyon Grazing Allotment in the 
SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 
administered by the Secretary of the Interior as a wild river. 
‘‘(184) COTTONWOOD
CREEK, IDAHO.—The 2.6 miles of 
Cottonwood Creek from the confluence with Big Jacks Creek 
to the upstream boundary of the Big Jacks Creek Wilderness, 
to be administered by the Secretary of the Interior as a wild 
river. 
‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile segment of Deep 
Creek from the confluence with the Owyhee River to the 
upstream boundary of the Owyhee River Wilderness in sec. 
30, T. 12 S., R. 2 W., Boise Meridian, to be administered 
by the Secretary of the Interior as a wild river. 
‘‘(186) DICKSHOOTER
CREEK, IDAHO.—The 9.25 miles of 
Dickshooter Creek from the confluence with Deep Creek to 
a point on the stream 1⁄4 mile due west of the east boundary 
of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered 
by the Secretary of the Interior as a wild river. 
‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of 
Duncan Creek from the confluence with Big Jacks Creek 
upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., 
Boise Meridian, to be administered by the Secretary of the 
Interior as a wild river. 
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123 STAT. 1038 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(188) JARBIDGE
RIVER, IDAHO.—The 28.8 miles of the 
Jarbidge River from the confluence with the West Fork Bruneau 
River to the upstream boundary of the Bruneau-Jarbidge Rivers 
Wilderness, to be administered by the Secretary of the Interior 
as a wild river. 
‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 miles of Little 
Jacks Creek from the downstream boundary of the Little Jacks 
Creek Wilderness, upstream to the mouth of OX Prong Creek, 
to be administered by the Secretary of the Interior as a wild 
river. 
‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.—The following 
segments of the North Fork of the Owyhee River, to be adminis-
tered by the Secretary of the Interior: 
‘‘(A) The 5.7-mile segment from the Idaho-Oregon State 
border to the upstream boundary of the private land at 
the Juniper Mt. Road crossing, as a recreational river. 
‘‘(B) The 15.1-mile segment from the upstream 
boundary of the North Fork Owyhee River recreational 
segment designated in paragraph (A) to the upstream 
boundary of the North Fork Owyhee River Wilderness, 
as a wild river. 
‘‘(191) OWYHEE RIVER, IDAHO.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
67.3 miles of the Owyhee River from the Idaho-Oregon 
State border to the upstream boundary of the Owyhee 
River Wilderness, to be administered by the Secretary of 
the Interior as a wild river. 
‘‘(B) ACCESS.—The Secretary of the Interior shall allow 
for continued access across the Owyhee River at Crutchers 
Crossing, subject to such terms and conditions as the Sec-
retary of the Interior determines to be necessary. 
‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon 
from the confluence of the Owyhee River to the upstream 
boundary of the Owyhee River Wilderness, to be administered 
by the Secretary of the Interior as a wild river. 
‘‘(193) SHEEP
CREEK, IDAHO.—The 25.6 miles of Sheep 
Creek from the confluence with the Bruneau River to the 
upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, 
to be administered by the Secretary of the Interior as a wild 
river. 
‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the 31.4-mile segment of the South Fork of the Owyhee 
River upstream from the confluence with the Owyhee River 
to the upstream boundary of the Owyhee River Wilderness 
at the Idaho–Nevada State border, to be administered by 
the Secretary of the Interior as a wild river. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
the 1.2-mile segment of the South Fork of the Owyhee 
River from the point at which the river enters the southern-
most boundary to the point at which the river exits the 
northernmost boundary of private land in sec. 25 and 26, 
T. 14 S., R. 5 W., Boise Meridian, shall be administered 
by the Secretary of the Interior as a recreational river. 
‘‘(195) WICKAHONEY
CREEK, IDAHO.—The 1.5 miles of 
Wickahoney Creek from the confluence of Big Jacks Creek 
to the upstream boundary of the Big Jacks Creek Wilderness, 
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123 STAT. 1039 
PUBLIC LAW 111–11—MAR. 30, 2009 
to be administered by the Secretary of the Interior as a wild 
river.’’. 
(b) BOUNDARIES.—Notwithstanding section 3(b) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river 
segment designated as a component of the National Wild and Scenic 
Rivers System under this subtitle shall extend not more than the 
shorter of— 
(1) an average distance of 1⁄4 mile from the high water 
mark on both sides of the river segment; or 
(2) the distance to the nearest confined canyon rim. 
(c) LAND ACQUISITION.—The Secretary shall not acquire any 
private land within the exterior boundary of a wild and scenic 
river corridor without the consent of the owner. 
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 
(a) IN GENERAL.—Consistent with applicable law, the Secretary 
may sell public land located within the Boise District of the Bureau 
of Land Management that, as of July 25, 2000, has been identified 
for disposal in appropriate resource management plans. 
(b) USE OF PROCEEDS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law (other than a law that specifically provides for a proportion 
of the proceeds of a land sale to be distributed to any trust 
fund of the State), proceeds from the sale of public land under 
subsection (a) shall be deposited in a separate account in the 
Treasury of the United States to be known as the ‘‘Owyhee 
Land Acquisition Account’’. 
(2) AVAILABILITY.— 
(A) IN
GENERAL.—Amounts in the account shall be 
available to the Secretary, without further appropriation, 
to purchase land or interests in land in, or adjacent to, 
the wilderness areas designated by this subtitle, including 
land identified as ‘‘Proposed for Acquisition’’ on the maps 
described in section 1503(a)(1). 
(B) APPLICABLE LAW.—Any purchase of land or interest 
in land under subparagraph (A) shall be in accordance 
with applicable law. 
(3) APPLICABILITY.—This subsection applies to public land 
within the Boise District of the Bureau of Land Management 
sold on or after January 1, 2008. 
(4) ADDITIONAL AMOUNTS.—If necessary, the Secretary may 
use additional amounts appropriated to the Department of the 
Interior, subject to applicable reprogramming guidelines. 
(c) TERMINATION OF AUTHORITY.— 
(1) IN GENERAL.—The authority provided under this section 
terminates on the earlier of— 
(A) the date that is 10 years after the date of enactment 
of this Act; or 
(B) the date on which a total of $8,000,000 from the 
account is expended. 
(2) AVAILABILITY OF AMOUNTS.—Any amounts remaining 
in the account on the termination of authority under this section 
shall be— 
(A) credited as sales of public land in the State; 
(B) transferred to the Federal Land Disposal Account 
established under section 206(a) of the Federal Land Trans-
action Facilitation Act (43 U.S.C. 2305(a)); and 
16 USC 1274 
note. 
16 USC 1274 
note. 
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123 STAT. 1040 
PUBLIC LAW 111–11—MAR. 30, 2009 
(C) used in accordance with that subtitle. 
SEC. 1506. TRIBAL CULTURAL RESOURCES. 
(a) COORDINATION.—The Secretary shall coordinate with the 
Tribes in the implementation of the Shoshone Paiute Cultural 
Resource Protection Plan. 
(b) AGREEMENTS.—The Secretary shall seek to enter into agree-
ments with the Tribes to implement the Shoshone Paiute Cultural 
Resource Protection Plan to protect cultural sites and resources 
important to the continuation of the traditions and beliefs of the 
Tribes. 
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 
(a) IN GENERAL.—In accordance with the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary 
shall, in coordination with the Tribes, State, and County, prepare 
1 or more travel management plans for motorized and mechanized 
off-highway vehicle recreation for the land managed by the Bureau 
of Land Management in the County. 
(b) INVENTORY.—Before preparing the plan under subsection 
(a), the Secretary shall conduct resource and route inventories 
of the area covered by the plan. 
(c) LIMITATION TO DESIGNATED ROUTES.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
plan shall limit recreational motorized and mechanized off- 
highway vehicle use to a system of designated roads and trails 
established by the plan. 
(2) EXCEPTION.—Paragraph (1) shall not apply to snowmo-
biles. 
(d) TEMPORARY LIMITATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), until 
the date on which the Secretary completes the plan, all rec-
reational motorized and mechanized off-highway vehicle use 
shall be limited to roads and trails lawfully in existence on 
the day before the date of enactment of this Act. 
(2) EXCEPTION.—Paragraph (1) shall not apply to— 
(A) snowmobiles; or 
(B) areas specifically identified as open, closed, or lim-
ited in the Owyhee Resource Management Plan. 
(e) SCHEDULE.— 
(1) OWYHEE
FRONT.—It is the intent of Congress that, 
not later than 1 year after the date of enactment of this Act, 
the Secretary shall complete a transportation plan for the 
Owyhee Front. 
(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE 
COUNTY.—It is the intent of Congress that, not later than 
3 years after the date of enactment of this Act, the Secretary 
shall complete a transportation plan for Bureau of Land 
Management land in the County outside the Owyhee Front. 
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Deadline. 
Transportation 
plan. 
Deadline. 
Transportation 
plan. 
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123 STAT. 1041 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle G—Sabinoso Wilderness, New 
Mexico 
SEC. 1601. DEFINITIONS. 
In this subtitle: 
(1) MAP.—The term ‘‘map’’ means the map entitled 
‘‘Sabinoso Wilderness’’ and dated September 8, 2008. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 
(a) IN GENERAL.—In furtherance of the purposes of the Wilder-
ness Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres 
of land under the jurisdiction of the Taos Field Office Bureau 
of Land Management, New Mexico, as generally depicted on the 
map, is designated as wilderness and as a component of the 
National Wilderness Preservation System, to be known as the 
‘‘Sabinoso Wilderness’’. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
a legal description of the Sabinoso Wilderness with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct any clerical and typographical errors in the map and 
legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Bureau of 
Land Management. 
(c) ADMINISTRATION OF WILDERNESS.— 
(1) IN
GENERAL.—Subject to valid existing rights, the 
Sabinoso Wilderness shall be administered by the Secretary 
in accordance with this subtitle and the Wilderness Act (16 
U.S.C. 1131 et seq.), except that— 
(A) any reference in the Wilderness Act to the effective 
date of that Act shall be considered to be a reference 
to the date of enactment of this Act; and 
(B) any reference in the Wilderness Act to the Sec-
retary of Agriculture shall be considered to be a reference 
to the Secretary of the Interior. 
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land or interest in land within the boundary of the 
Sabinoso Wilderness that is acquired by the United States 
shall— 
(A) become part of the Sabinoso Wilderness; and 
(B) be managed in accordance with this subtitle and 
any other laws applicable to the Sabinoso Wilderness. 
16 USC 1132 
note. 
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123 STAT. 1042 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) GRAZING.—The grazing of livestock in the Sabinoso 
Wilderness, if established before the date of enactment of this 
Act, shall be administered in accordance with— 
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(B) the guidelines set forth in Appendix A of the report 
of the Committee on Interior and Insular Affairs of the 
House of Representatives accompanying H.R. 2570 of the 
101st Congress (H. Rept. 101–405). 
(4) FISH AND WILDLIFE.—In accordance with section 4(d)(7) 
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
subtitle affects the jurisdiction of the State with respect to 
fish and wildlife in the State. 
(5) ACCESS.— 
(A) IN GENERAL.—In accordance with section 5(a) of 
the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall 
continue to allow private landowners adequate access to 
inholdings in the Sabinoso Wilderness. 
(B) CERTAIN LAND.—For access purposes, private land 
within T. 16 N., R. 23 E., secs. 17 and 20 and the N1⁄2 
of sec. 21, N.M.M., shall be managed as an inholding in 
the Sabinoso Wilderness. 
(d) WITHDRAWAL.—Subject to valid existing rights, the land 
generally depicted on the map as ‘‘Lands Withdrawn From Mineral 
Entry’’ and ‘‘Lands Released From Wilderness Study Area & With-
drawn From Mineral Entry’’ is withdrawn from— 
(1) all forms of entry, appropriation, and disposal under 
the public land laws, except disposal by exchange in accordance 
with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716); 
(2) location, entry, and patent under the mining laws; 
and 
(3) operation of the mineral materials and geothermal 
leasing laws. 
(e) RELEASE
OF WILDERNESS STUDY AREAS.—Congress finds 
that, for the purposes of section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands 
within the Sabinoso Wilderness Study Area not designated as 
wilderness by this subtitle— 
(1) have been adequately studied for wilderness designation 
and are no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
and 
(2) shall be managed in accordance with applicable law 
(including subsection (d)) and the land use management plan 
for the surrounding area. 
Subtitle H—Pictured Rocks National 
Lakeshore Wilderness 
SEC. 1651. DEFINITIONS. 
In this subtitle: 
(1) LINE OF DEMARCATION.—The term ‘‘line of demarcation’’ 
means the point on the bank or shore at which the surface 
waters of Lake Superior meet the land or sand beach, regardless 
of the level of Lake Superior. 
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123 STAT. 1043 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pic-
tured Rocks National Lakeshore Beaver Basin Wilderness 
Boundary’’, numbered 625/80,051, and dated April 16, 2007. 
(3) NATIONAL LAKESHORE.—The term ‘‘National Lakeshore’’ 
means the Pictured Rocks National Lakeshore. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) WILDERNESS.—The term ‘‘Wilderness’’ means the Beaver 
Basin Wilderness designated by section 1652(a). 
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 
(a) IN GENERAL.—In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), the land described in subsection (b) is des-
ignated as wilderness and as a component of the National Wilder-
ness Preservation System, to be known as the ‘‘Beaver Basin Wilder-
ness’’. 
(b) DESCRIPTION OF LAND.—The land referred to in subsection 
(a) is the land and inland water comprising approximately 11,740 
acres within the National Lakeshore, as generally depicted on the 
map. 
(c) BOUNDARY.— 
(1) LINE OF DEMARCATION.—The line of demarcation shall 
be the boundary for any portion of the Wilderness that is 
bordered by Lake Superior. 
(2) SURFACE WATER.—The surface water of Lake Superior, 
regardless of the fluctuating lake level, shall be considered 
to be outside the boundary of the Wilderness. 
(d) MAP AND LEGAL DESCRIPTION.— 
(1) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service. 
(2) LEGAL DESCRIPTION.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Rep-
resentatives a legal description of the boundary of the Wilder-
ness. 
(3) FORCE AND EFFECT.—The map and the legal description 
submitted under paragraph (2) shall have the same force and 
effect as if included in this subtitle, except that the Secretary 
may correct any clerical or typographical errors in the map 
and legal description. 
SEC. 1653. ADMINISTRATION. 
(a) MANAGEMENT.—Subject to valid existing rights, the Wilder-
ness shall be administered by the Secretary in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 
(1) any reference in that Act to the effective date of that 
Act shall be considered to be a reference to the date of enact-
ment of this Act; and 
(2) with respect to land administered by the Secretary, 
any reference in that Act to the Secretary of Agriculture shall 
be considered to be a reference to the Secretary. 
(b) USE OF ELECTRIC MOTORS.—The use of boats powered by 
electric motors on Little Beaver and Big Beaver Lakes may con-
tinue, subject to any applicable laws (including regulations). 
16 USC 1132 
note. 
16 USC 1132 
note. 
16 USC 1132 
note. 
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123 STAT. 1044 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 1654. EFFECT. 
Nothing in this subtitle— 
(1) modifies, alters, or affects any treaty rights; 
(2) alters the management of the water of Lake Superior 
within the boundary of the Pictured Rocks National Lakeshore 
in existence on the date of enactment of this Act; or 
(3) prohibits— 
(A) the use of motors on the surface water of Lake 
Superior adjacent to the Wilderness; or 
(B) the beaching of motorboats at the line of demarca-
tion. 
Subtitle I—Oregon Badlands Wilderness 
SEC. 1701. DEFINITIONS. 
In this subtitle: 
(1) DISTRICT.—The term ‘‘District’’ means the Central 
Oregon Irrigation District. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State of Oregon. 
(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 
the map entitled ‘‘Badlands Wilderness’’ and dated September 
3, 2008. 
SEC. 1702. OREGON BADLANDS WILDERNESS. 
(a) DESIGNATION.—In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), the approximately 29,301 acres of Bureau 
of Land Management land in the State, as generally depicted on 
the wilderness map, is designated as wilderness and as a component 
of the National Wilderness Preservation System, to be known as 
the ‘‘Oregon Badlands Wilderness’’. 
(b) ADMINISTRATION OF WILDERNESS.— 
(1) IN
GENERAL.—Subject to valid existing rights, the 
Oregon Badlands Wilderness shall be administered by the Sec-
retary in accordance with the Wilderness Act (16 U.S.C. 1131 
et seq.), except that— 
(A) any reference in the Wilderness Act to the effective 
date of that Act shall be considered to be a reference 
to the date of enactment of this Act; and 
(B) any reference in the Wilderness Act to the Sec-
retary of Agriculture shall be considered to be a reference 
to the Secretary of the Interior. 
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land or interest in land within the boundary of the Oregon 
Badlands Wilderness that is acquired by the United States 
shall— 
(A) become part of the Oregon Badlands Wilderness; 
and 
(B) be managed in accordance with this subtitle, the 
Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
applicable law. 
(3) GRAZING.—The grazing of livestock in the Oregon Bad-
lands Wilderness, if established before the date of enactment 
of this Act, shall be permitted to continue subject to such 
16 USC 1132 
note. 
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123 STAT. 1045 
PUBLIC LAW 111–11—MAR. 30, 2009 
reasonable regulations as are considered necessary by the Sec-
retary in accordance with— 
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(B) the guidelines set forth in Appendix A of the report 
of the Committee on Interior and Insular Affairs of the 
House of Representatives accompanying H.R. 2570 of the 
101st Congress (H. Rept. 101–405). 
(4) ACCESS TO PRIVATE PROPERTY.—In accordance with sec-
tion 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Sec-
retary shall provide any owner of private property within the 
boundary of the Oregon Badlands Wilderness adequate access 
to the property. 
(c) POTENTIAL WILDERNESS.— 
(1) IN GENERAL.—In furtherance of the purposes of the 
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain 
Federal land managed by the Bureau of Land Management 
with a width of 25 feet, as generally depicted on the wilderness 
map as ‘‘Potential Wilderness’’, is designated as potential 
wilderness. 
(2) INTERIM MANAGEMENT.—The potential wilderness des-
ignated by paragraph (1) shall be managed in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.), except that the 
Secretary may allow nonconforming uses that are authorized 
and in existence on the date of enactment of this Act to continue 
in the potential wilderness. 
(3) DESIGNATION AS WILDERNESS.—On the date on which 
the Secretary publishes in the Federal Register notice that 
any nonconforming uses in the potential wilderness designated 
by paragraph (1) that are permitted under paragraph (2) have 
terminated, the potential wilderness shall be— 
(A) designated as wilderness and as a component of 
the National Wilderness Preservation System; and 
(B) incorporated into the Oregon Badlands Wilderness. 
(d) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
legal description of the Oregon Badlands Wilderness with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct typographical errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Bureau of 
Land Management. 
SEC. 1703. RELEASE. 
(a) FINDING.—Congress finds that, for the purposes of section 
603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)), the portions of the Badlands wilderness study 
area that are not designated as the Oregon Badlands Wilderness 
Federal Register, 
publication. 
Notice. 
16 USC 1132 
note. 
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123 STAT. 1046 
PUBLIC LAW 111–11—MAR. 30, 2009 
or as potential wilderness have been adequately studied for wilder-
ness or potential wilderness designation. 
(b) RELEASE.—Any public land described in subsection (a) that 
is not designated as wilderness by this subtitle— 
(1) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
and 
(2) shall be managed in accordance with the applicable 
land use plan adopted under section 202 of that Act (43 U.S.C. 
1712). 
SEC. 1704. LAND EXCHANGES. 
(a) CLARNO LAND EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (c) 
through (e), if the landowner offers to convey to the United 
States all right, title, and interest of the landowner in and 
to the non-Federal land described in paragraph (2)(A), the 
Secretary shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the Landowner all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 239 acres 
of non-Federal land identified on the wilderness map as 
‘‘Clarno to Federal Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 209 acres of Federal 
land identified on the wilderness map as ‘‘Federal Govern-
ment to Clarno’’. 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(b) DISTRICT EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (c) 
through (e), if the District offers to convey to the United States 
all right, title, and interest of the District in and to the non- 
Federal land described in paragraph (2)(A), the Secretary 
shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the District all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 527 acres 
of non-Federal land identified on the wilderness map as 
‘‘COID to Federal Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 697 acres of Federal 
land identified on the wilderness map as ‘‘Federal Govern-
ment to COID’’. 
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123 STAT. 1047 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(c) APPLICABLE LAW.—Except as otherwise provided in this 
section, the Secretary shall carry out the land exchanges under 
this section in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716). 
(d) VALUATION, APPRAISALS, AND EQUALIZATION.— 
(1) IN GENERAL.—The value of the Federal land and the 
non-Federal land to be conveyed in a land exchange under 
this section— 
(A) shall be equal, as determined by appraisals con-
ducted in accordance with paragraph (2); or 
(B) if not equal, shall be equalized in accordance with 
paragraph (3). 
(2) APPRAISALS.— 
(A) IN GENERAL.—The Federal land and the non-Fed-
eral land to be exchanged under this section shall be 
appraised by an independent, qualified appraiser that is 
agreed to by the Secretary and the owner of the non- 
Federal land to be exchanged. 
(B) REQUIREMENTS.—An appraisal under subparagraph 
(A) shall be conducted in accordance with— 
(i) the Uniform Appraisal Standards for Federal 
Land Acquisitions; and 
(ii) 
the 
Uniform 
Standards 
of 
Professional 
Appraisal Practice. 
(3) EQUALIZATION.— 
(A) IN
GENERAL.—If the value of the Federal land 
and the non-Federal land to be conveyed in a land exchange 
under this section is not equal, the value may be equalized 
by— 
(i) making a cash equalization payment to the 
Secretary or to the owner of the non-Federal land, 
as appropriate, in accordance with section 206(b) of 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716(b)); or 
(ii) reducing the acreage of the Federal land or 
the non-Federal land to be exchanged, as appropriate. 
(B) CASH EQUALIZATION PAYMENTS.—Any cash equali-
zation payments received by the Secretary under subpara-
graph (A)(i) shall be— 
(i) deposited in the Federal Land Disposal Account 
established by section 206(a) of the Federal Land 
Transaction Facilitation Act (43 U.S.C. 2305(a)); and 
(ii) used in accordance with that Act. 
(e) CONDITIONS OF EXCHANGE.— 
(1) IN GENERAL.—The land exchanges under this section 
shall be subject to such terms and conditions as the Secretary 
may require. 
(2) COSTS.—As a condition of a conveyance of Federal land 
and non-Federal land under this section, the Federal Govern-
ment and the owner of the non-Federal land shall equally 
share all costs relating to the land exchange, including the 
costs of appraisals, surveys, and any necessary environmental 
clearances. 
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123 STAT. 1048 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) VALID EXISTING RIGHTS.—The exchange of Federal land 
and non-Federal land under this section shall be subject to 
any easements, rights-of-way, and other valid rights in exist-
ence on the date of enactment of this Act. 
(f) COMPLETION OF LAND EXCHANGE.—It is the intent of Con-
gress that the land exchanges under this section shall be completed 
not later than 2 years after the date of enactment of this Act. 
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. 
Nothing in this subtitle alters, modifies, enlarges, diminishes, 
or abrogates the treaty rights of any Indian tribe, including the 
off-reservation reserved rights secured by the Treaty with the Tribes 
and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 
Subtitle J—Spring Basin Wilderness, 
Oregon 
SEC. 1751. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) STATE.—The term ‘‘State’’ means the State of Oregon. 
(3) TRIBES.—The term ‘‘Tribes’’ means the Confederated 
Tribes of the Warm Springs Reservation of Oregon. 
(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 
the map entitled ‘‘Spring Basin Wilderness with Land Exchange 
Proposals’’ and dated September 3, 2008. 
SEC. 1752. SPRING BASIN WILDERNESS. 
(a) DESIGNATION.—In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau 
of Land Management land in the State, as generally depicted on 
the wilderness map, is designated as wilderness and as a component 
of the National Wilderness Preservation System, to be known as 
the ‘‘Spring Basin Wilderness’’. 
(b) ADMINISTRATION OF WILDERNESS.— 
(1) IN GENERAL.—Subject to valid existing rights, the Spring 
Basin Wilderness shall be administered by the Secretary in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
except that— 
(A) any reference in the Wilderness Act to the effective 
date of that Act shall be considered to be a reference 
to the date of enactment of this Act; and 
(B) any reference in the Wilderness Act to the Sec-
retary of Agriculture shall be considered to be a reference 
to the Secretary of the Interior. 
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land or interest in land within the boundary of the Spring 
Basin Wilderness that is acquired by the United States shall— 
(A) become part of the Spring Basin Wilderness; and 
(B) be managed in accordance with this Act, the Wilder-
ness Act (16 U.S.C. 1131 et seq.), and any other applicable 
law. 
(3) GRAZING.—The grazing of livestock in the Spring Basin 
Wilderness, if established before the date of enactment of this 
Act, shall be permitted to continue subject to such reasonable 
16 USC 1132 
note. 
Deadline. 
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123 STAT. 1049 
PUBLIC LAW 111–11—MAR. 30, 2009 
regulations as are considered necessary by the Secretary, in 
accordance with— 
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(B) the guidelines set forth in Appendix A of the report 
of the Committee on Interior and Insular Affairs of the 
House of Representatives accompanying H.R. 2570 of the 
101st Congress (H. Rept. 101–405). 
(c) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
a legal description of the Spring Basin Wilderness with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this section, except that the Secretary may correct 
any typographical errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Bureau of 
Land Management. 
SEC. 1753. RELEASE. 
(a) FINDING.—Congress finds that, for the purposes of section 
603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)), the portions of the Spring Basin wilderness 
study area that are not designated by section 1752(a) as the Spring 
Basin Wilderness in the following areas have been adequately 
studied for wilderness designation: 
(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1⁄2. 
(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4. 
(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1⁄2 of the S 1⁄2. 
(b) RELEASE.—Any public land described in subsection (a) that 
is not designated as wilderness by this subtitle— 
(1) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
and 
(2) shall be managed in accordance with the applicable 
land use plan adopted under section 202 of that Act (43 U.S.C. 
1712). 
SEC. 1754. LAND EXCHANGES. 
(a) CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION 
LAND EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (e) 
through (g), if the Tribes offer to convey to the United States 
all right, title, and interest of the Tribes in and to the non- 
Federal land described in paragraph (2)(A), the Secretary 
shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the Tribes all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
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123 STAT. 1050 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 4,480 
acres of non-Federal land identified on the wilderness map 
as ‘‘Lands proposed for transfer from the CTWSIR to the 
Federal Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 4,578 acres of Fed-
eral land identified on the wilderness map as ‘‘Lands pro-
posed for transfer from the Federal Government to 
CTWSIR’’. 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(4) WITHDRAWAL.—Subject to valid existing rights, the land 
acquired by the Secretary under this subsection is withdrawn 
from all forms of— 
(A) entry, appropriation, or disposal under the public 
land laws; 
(B) location, entry, and patent under the mining laws; 
and 
(C) disposition under any law relating to mineral and 
geothermal leasing or mineral materials. 
(b) MCGREER LAND EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (e) 
through (g), if the landowner offers to convey to the United 
States all right, title, and interest of the landowner in and 
to the non-Federal land described in paragraph (2)(A), the 
Secretary shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the landowner all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 18 acres 
of non-Federal land identified on the wilderness map as 
‘‘Lands proposed for transfer from McGreer to the Federal 
Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 327 acres of Federal 
land identified on the wilderness map as ‘‘Lands proposed 
for transfer from the Federal Government to McGreer’’. 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(c) KEYS LAND EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (e) 
through (g), if the landowner offers to convey to the United 
States all right, title, and interest of the landowner in and 
to the non-Federal land described in paragraph (2)(A), the 
Secretary shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the landowner all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
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123 STAT. 1051 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 180 acres 
of non-Federal land identified on the wilderness map as 
‘‘Lands proposed for transfer from Keys to the Federal 
Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 187 acres of Federal 
land identified on the wilderness map as ‘‘Lands proposed 
for transfer from the Federal Government to Keys’’. 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(d) BOWERMAN LAND EXCHANGE.— 
(1) CONVEYANCE
OF
LAND.—Subject to subsections (e) 
through (g), if the landowner offers to convey to the United 
States all right, title, and interest of the landowner in and 
to the non-Federal land described in paragraph (2)(A), the 
Secretary shall— 
(A) accept the offer; and 
(B) on receipt of acceptable title to the non-Federal 
land, convey to the landowner all right, title, and interest 
of the United States in and to the Federal land described 
in paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 32 acres 
of non-Federal land identified on the wilderness map as 
‘‘Lands proposed for transfer from Bowerman to the Federal 
Government’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is the approximately 24 acres of Federal 
land identified on the wilderness map as ‘‘Lands proposed 
for transfer from the Federal Government to Bowerman’’. 
(3) SURVEYS.—The exact acreage and legal description of 
the Federal land and non-Federal land described in paragraph 
(2) shall be determined by surveys approved by the Secretary. 
(e) APPLICABLE LAW.—Except as otherwise provided in this 
section, the Secretary shall carry out the land exchanges under 
this section in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716). 
(f) VALUATION, APPRAISALS, AND EQUALIZATION.— 
(1) IN GENERAL.—The value of the Federal land and the 
non-Federal land to be conveyed in a land exchange under 
this section— 
(A) shall be equal, as determined by appraisals con-
ducted in accordance with paragraph (2); or 
(B) if not equal, shall be equalized in accordance with 
paragraph (3). 
(2) APPRAISALS.— 
(A) IN GENERAL.—The Federal land and the non-Fed-
eral land to be exchanged under this section shall be 
appraised by an independent, qualified appraiser that is 
agreed to by the Secretary and the owner of the non- 
Federal land to be exchanged. 
(B) REQUIREMENTS.—An appraisal under subparagraph 
(A) shall be conducted in accordance with— 
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123 STAT. 1052 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) the Uniform Appraisal Standards for Federal 
Land Acquisitions; and 
(ii) 
the 
Uniform 
Standards 
of 
Professional 
Appraisal Practice. 
(3) EQUALIZATION.— 
(A) IN
GENERAL.—If the value of the Federal land 
and the non-Federal land to be conveyed in a land exchange 
under this section is not equal, the value may be equalized 
by— 
(i) making a cash equalization payment to the 
Secretary or to the owner of the non-Federal land, 
as appropriate, in accordance with section 206(b) of 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716(b)); or 
(ii) reducing the acreage of the Federal land or 
the non-Federal land to be exchanged, as appropriate. 
(B) CASH EQUALIZATION PAYMENTS.—Any cash equali-
zation payments received by the Secretary under subpara-
graph (A)(i) shall be— 
(i) deposited in the Federal Land Disposal Account 
established by section 206(a) of the Federal Land 
Transaction Facilitation Act (43 U.S.C. 2305(a)); and 
(ii) used in accordance with that Act. 
(g) CONDITIONS OF EXCHANGE.— 
(1) IN GENERAL.—The land exchanges under this section 
shall be subject to such terms and conditions as the Secretary 
may require. 
(2) COSTS.—As a condition of a conveyance of Federal land 
and non-Federal land under this section, the Federal Govern-
ment and the owner of the non-Federal land shall equally 
share all costs relating to the land exchange, including the 
costs of appraisals, surveys, and any necessary environmental 
clearances. 
(3) VALID EXISTING RIGHTS.—The exchange of Federal land 
and non-Federal land under this section shall be subject to 
any easements, rights-of-way, and other valid rights in exist-
ence on the date of enactment of this Act. 
(h) COMPLETION OF LAND EXCHANGE.—It is the intent of Con-
gress that the land exchanges under this section shall be completed 
not later than 2 years after the date of enactment of this Act. 
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. 
Nothing in this subtitle alters, modifies, enlarges, diminishes, 
or abrogates the treaty rights of any Indian tribe, including the 
off-reservation reserved rights secured by the Treaty with the Tribes 
and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 
Subtitle K—Eastern Sierra and Northern 
San Gabriel Wilderness, California 
SEC. 1801. DEFINITIONS. 
In this subtitle: 
(1) FOREST.—The term ‘‘Forest’’ means the Ancient 
Bristlecone Pine Forest designated by section 1808(a). 
16 USC 460vvv 
note. 
Deadline. 
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123 STAT. 1053 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) RECREATION AREA.—The term ‘‘Recreation Area’’ means 
the Bridgeport Winter Recreation Area designated by section 
1806(a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means— 
(A) with respect to land under the jurisdiction of the 
Secretary of Agriculture, the Secretary of Agriculture; and 
(B) with respect to land under the jurisdiction of the 
Secretary of the Interior, the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State of California. 
(5) TRAIL.—The term ‘‘Trail’’ means the Pacific Crest 
National Scenic Trail. 
SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 
In accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), the following areas in the State are designated as wilderness 
and as components of the National Wilderness Preservation System: 
(1) HOOVER WILDERNESS ADDITIONS.— 
(A) IN
GENERAL.—Certain land in the Humboldt- 
Toiyabe and Inyo National Forests, comprising approxi-
mately 79,820 acres and identified as ‘‘Hoover East Wilder-
ness Addition,’’ ‘‘Hoover West Wilderness Addition’’, and 
‘‘Bighorn Proposed Wilderness Addition’’, as generally 
depicted on the maps described in subparagraph (B), is 
incorporated in, and shall be considered to be a part of, 
the Hoover Wilderness. 
(B) DESCRIPTION OF MAPS.—The maps referred to in 
subparagraph (A) are— 
(i) the map entitled ‘‘Humboldt-Toiyabe National 
Forest Proposed Management’’ and dated September 
17, 2008; and 
(ii) the map entitled ‘‘Bighorn Proposed Wilderness 
Additions’’ and dated September 23, 2008. 
(C) EFFECT.—The designation of the wilderness under 
subparagraph (A) shall not affect the ongoing activities 
of the adjacent United States Marine Corps Mountain War-
fare Training Center on land outside the designated wilder-
ness, in accordance with the agreement between the Center 
and the Humboldt-Toiyabe National Forest. 
(2) OWENS RIVER HEADWATERS WILDERNESS.—Certain land 
in the Inyo National Forest, comprising approximately 14,721 
acres, as generally depicted on the map entitled ‘‘Owens River 
Headwaters Proposed Wilderness’’ and dated September 16, 
2008, which shall be known as the ‘‘Owens River Headwaters 
Wilderness’’. 
(3) JOHN MUIR WILDERNESS ADDITIONS.— 
(A) IN GENERAL.—Certain land in the Inyo National 
Forest and certain land administered by the Bureau of 
Land Management in Inyo County, California, comprising 
approximately 70,411 acres, as generally depicted on the 
maps described in subparagraph (B), is incorporated in, 
and shall be considered to be a part of, the John Muir 
Wilderness. 
(B) DESCRIPTION OF MAPS.—The maps referred to in 
subparagraph (A) are— 
(i) the map entitled ‘‘John Muir Proposed Wilder-
ness Addition (1 of 5)’’ and dated September 23, 2008; 
16 USC 1132 
note. 
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123 STAT. 1054 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) the map entitled ‘‘John Muir Proposed Wilder-
ness Addition (2 of 5)’’ and dated September 23, 2008; 
(iii) the map entitled ‘‘John Muir Proposed Wilder-
ness Addition (3 of 5)’’ and dated October 31, 2008; 
(iv) the map entitled ‘‘John Muir Proposed Wilder-
ness Addition (4 of 5)’’ and dated September 16, 2008; 
and 
(v) the map entitled ‘‘John Muir Proposed Wilder-
ness Addition (5 of 5)’’ and dated September 16, 2008. 
(C) BOUNDARY REVISION.—The boundary of the John 
Muir Wilderness is revised as depicted on the map entitled 
‘‘John Muir Wilderness—Revised’’ and dated September 16, 
2008. 
(4) ANSEL ADAMS WILDERNESS ADDITION.—Certain land in 
the Inyo National Forest, comprising approximately 528 acres, 
as generally depicted on the map entitled ‘‘Ansel Adams Pro-
posed Wilderness Addition’’ and dated September 16, 2008, 
is incorporated in, and shall be considered to be a part of, 
the Ansel Adams Wilderness. 
(5) WHITE MOUNTAINS WILDERNESS.— 
(A) IN GENERAL.—Certain land in the Inyo National 
Forest and certain land administered by the Bureau of 
Land Management in Mono County, California, comprising 
approximately 229,993 acres, as generally depicted on the 
maps described in subparagraph (B), which shall be known 
as the ‘‘White Mountains Wilderness’’. 
(B) DESCRIPTION OF MAPS.—The maps referred to in 
subparagraph (A) are— 
(i) the map entitled ‘‘White Mountains Proposed 
Wilderness-Map 1 of 2 (North)’’ and dated September 
16, 2008; and 
(ii) the map entitled ‘‘White Mountains Proposed 
Wilderness-Map 2 of 2 (South)’’ and dated September 
16, 2008. 
(6) GRANITE MOUNTAIN WILDERNESS.—Certain land in the 
Inyo National Forest and certain land administered by the 
Bureau of Land Management in Mono County, California, com-
prising approximately 34,342 acres, as generally depicted on 
the map entitled ‘‘Granite Mountain Wilderness’’ and dated 
September 19, 2008, which shall be known as the ‘‘Granite 
Mountain Wilderness’’. 
(7) MAGIC
MOUNTAIN
WILDERNESS.—Certain land in the 
Angeles National Forest, comprising approximately 12,282 
acres, as generally depicted on the map entitled ‘‘Magic Moun-
tain Proposed Wilderness’’ and dated December 16, 2008, which 
shall be known as the ‘‘Magic Mountain Wilderness’’. 
(8) PLEASANT VIEW RIDGE WILDERNESS.—Certain land in 
the Angeles National Forest, comprising approximately 26,757 
acres, as generally depicted on the map entitled ‘‘Pleasant 
View Ridge Proposed Wilderness’’ and dated December 16, 2008, 
which shall be known as the ‘‘Pleasant View Ridge Wilderness’’. 
SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS. 
(a) MANAGEMENT.—Subject to valid existing rights, the Sec-
retary shall administer the wilderness areas and wilderness addi-
tions designated by this subtitle in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.), except that— 
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123 STAT. 1055 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) any reference in that Act to the effective date shall 
be considered to be a reference to the date of enactment of 
this Act; and 
(2) any reference in that Act to the Secretary of Agriculture 
shall be considered to be a reference to the Secretary that 
has jurisdiction over the land. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
legal description of each wilderness area and wilderness addi-
tion designated by this subtitle with— 
(A) the Committee on Natural Resources of the House 
of Representatives; and 
(B) the Committee on Energy and Natural Resources 
of the Senate. 
(2) FORCE OF LAW.—Each map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct any errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—Each map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Secretary. 
(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 
land (or interest in land) within the boundary of a wilderness 
area or wilderness addition designated by this subtitle that is 
acquired by the Federal Government shall— 
(1) become part of the wilderness area in which the land 
is located; and 
(2) be managed in accordance with this subtitle, the Wilder-
ness Act (16 U.S.C. 1131 et seq.), and any other applicable 
law. 
(d) WITHDRAWAL.—Subject to valid rights in existence on the 
date of enactment of this Act, any Federal land designated as 
a wilderness area or wilderness addition by this subtitle is with-
drawn from— 
(1) all forms of entry, appropriation, or disposal under 
the public land laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) disposition under laws relating to mineral and geo-
thermal leasing or mineral materials. 
(e) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 
(1) IN GENERAL.—The Secretary may take such measures 
in a wilderness area or wilderness addition designated by this 
subtitle as are necessary for the control of fire, insects, and 
diseases in accordance with section 4(d)(1) of the Wilderness 
Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 
98th Congress. 
(2) FUNDING PRIORITIES.—Nothing in this subtitle limits 
funding for fire and fuels management in the wilderness areas 
and wilderness additions designated by this subtitle. 
(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGE-
MENT PLANS.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall amend the local fire 
management plans that apply to the land designated as a 
wilderness area or wilderness addition by this subtitle. 
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123 STAT. 1056 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) ADMINISTRATION.—Consistent with paragraph (1) and 
other applicable Federal law, to ensure a timely and efficient 
response to fire emergencies in the wilderness areas and wilder-
ness additions designated by this subtitle, the Secretary shall— 
(A) not later than 1 year after the date of enactment 
of this Act, establish agency approval procedures (including 
appropriate delegations of authority to the Forest Super-
visor, District Manager, or other agency officials) for 
responding to fire emergencies; and 
(B) enter into agreements with appropriate State or 
local firefighting agencies. 
(f) ACCESS TO PRIVATE PROPERTY.—The Secretary shall provide 
any owner of private property within the boundary of a wilderness 
area or wilderness addition designated by this subtitle adequate 
access to the property to ensure the reasonable use and enjoyment 
of the property by the owner. 
(g) MILITARY ACTIVITIES.—Nothing in this subtitle precludes— 
(1) low-level overflights of military aircraft over the wilder-
ness areas or wilderness additions designated by this subtitle; 
(2) the designation of new units of special airspace over 
the wilderness areas or wilderness additions designated by 
this subtitle; or 
(3) the use or establishment of military flight training 
routes over wilderness areas or wilderness additions designated 
by this subtitle. 
(h) LIVESTOCK.—Grazing of livestock and the maintenance of 
existing facilities relating to grazing in wilderness areas or wilder-
ness additions designated by this subtitle, if established before 
the date of enactment of this Act, shall be permitted to continue 
in accordance with— 
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(2) the guidelines set forth in Appendix A of the report 
of the Committee on Interior and Insular Affairs of the House 
of Representatives accompanying H.R. 2570 of the 101st Con-
gress (H. Rept. 101–405). 
(i) FISH AND WILDLIFE MANAGEMENT.— 
(1) IN GENERAL.—In furtherance of the purposes of the 
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
carry out management activities to maintain or restore fish 
and wildlife populations and fish and wildlife habitats in wilder-
ness areas or wilderness additions designated by this subtitle 
if the activities are— 
(A) consistent with applicable wilderness management 
plans; and 
(B) carried out in accordance with applicable guidelines 
and policies. 
(2) STATE JURISDICTION.—Nothing in this subtitle affects 
the jurisdiction of the State with respect to fish and wildlife 
on public land located in the State. 
(j) HORSES.—Nothing in this subtitle precludes horseback riding 
in, or the entry of recreational or commercial saddle or pack stock 
into, an area designated as wilderness or as a wilderness addition 
by this subtitle— 
(1) in accordance with section 4(d)(5) of the Wilderness 
Act (16 U.S.C. 1133(d)(5)); and 
Contracts. 
Deadline. 
Procedures. 
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123 STAT. 1057 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) subject to any terms and conditions determined to be 
necessary by the Secretary. 
(k) OUTFITTER AND GUIDE USE.—Outfitter and guide activities 
conducted under permits issued by the Forest Service on the addi-
tions to the John Muir, Ansel Adams, and Hoover wilderness areas 
designated by this subtitle shall be in addition to any existing 
limits established for the John Muir, Ansel Adams, and Hoover 
wilderness areas. 
(l) TRANSFER TO THE FOREST SERVICE.— 
(1) WHITE MOUNTAINS WILDERNESS.—Administrative juris-
diction over the approximately 946 acres of land identified 
as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’ 
on the maps described in section 1802(5)(B) is transferred from 
the Bureau of Land Management to the Forest Service to 
be managed as part of the White Mountains Wilderness. 
(2) JOHN
MUIR
WILDERNESS.—Administrative jurisdiction 
over the approximately 143 acres of land identified as ‘‘Transfer 
of Administrative Jurisdiction from BLM to FS’’ on the maps 
described in section 1802(3)(B) is transferred from the Bureau 
of Land Management to the Forest Service to be managed 
as part of the John Muir Wilderness. 
(m) TRANSFER
TO
THE BUREAU
OF LAND MANAGEMENT.— 
Administrative jurisdiction over the approximately 3,010 acres of 
land identified as ‘‘Land from FS to BLM’’ on the maps described 
in section 1802(6) is transferred from the Forest Service to the 
Bureau of Land Management to be managed as part of the Granite 
Mountain Wilderness. 
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS. 
(a) FINDING.—Congress finds that, for purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1782), any portion of a wilderness study area described in subsection 
(b) that is not designated as a wilderness area or wilderness addi-
tion by this subtitle or any other Act enacted before the date 
of enactment of this Act has been adequately studied for wilderness. 
(b) DESCRIPTION OF STUDY AREAS.—The study areas referred 
to in subsection (a) are— 
(1) the Masonic Mountain Wilderness Study Area; 
(2) the Mormon Meadow Wilderness Study Area; 
(3) the Walford Springs Wilderness Study Area; and 
(4) the Granite Mountain Wilderness Study Area. 
(c) RELEASE.—Any portion of a wilderness study area described 
in subsection (b) that is not designated as a wilderness area or 
wilderness addition by this subtitle or any other Act enacted before 
the date of enactment of this Act shall not be subject to section 
603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)). 
SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS. 
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended 
by adding at the end the following: 
‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The following seg-
ments of the Amargosa River in the State of California, to 
be administered by the Secretary of the Interior: 
‘‘(A) The approximately 4.1-mile segment of the 
Amargosa River from the northern boundary of sec. 7, 
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123 STAT. 1058 
PUBLIC LAW 111–11—MAR. 30, 2009 
T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa 
Hot Springs road crossing, as a scenic river. 
‘‘(B) The approximately 8-mile segment of the 
Amargosa River from 100 feet downstream of the Tecopa 
Hot Springs Road crossing to 100 feet upstream of the 
Old Spanish Trail Highway crossing near Tecopa, as a 
scenic river. 
‘‘(C) The approximately 7.9-mile segment of the 
Amargosa River from the northern boundary of sec. 16, 
T. 20 N., R. 7 E., to .25 miles upstream of the confluence 
with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a 
wild river. 
‘‘(D) The approximately 4.9-mile segment of the 
Amargosa River from .25 miles upstream of the confluence 
with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 
feet upstream of the Dumont Dunes access road crossing 
in sec. 32, T. 19 N., R. 7 E., as a recreational river. 
‘‘(E) The approximately 1.4-mile segment of the 
Amargosa River from 100 feet downstream of the Dumont 
Dunes access road crossing in sec. 32, T. 19 N., R. 7 
E., as a recreational river. 
‘‘(197) OWENS RIVER HEADWATERS, CALIFORNIA.—The fol-
lowing segments of the Owens River in the State of California, 
to be administered by the Secretary of Agriculture: 
‘‘(A) The 2.3-mile segment of Deadman Creek from 
the 2-forked source east of San Joaquin Peak to the con-
fluence with the unnamed tributary flowing north into 
Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a 
wild river. 
‘‘(B) The 2.3-mile segment of Deadman Creek from 
the unnamed tributary confluence in sec. 12, T. 3 S., R. 
26 E., to the Road 3S22 crossing, as a scenic river. 
‘‘(C) The 4.1-mile segment of Deadman Creek from 
the Road 3S22 crossing to .25 miles downstream of the 
Highway 395 crossing, as a recreational river. 
‘‘(D) The 3-mile segment of Deadman Creek from .25 
miles downstream of the Highway 395 crossing to 100 
feet upstream of Big Springs, as a scenic river. 
‘‘(E) The 1-mile segment of the Upper Owens River 
from 100 feet upstream of Big Springs to the private prop-
erty boundary in sec. 19, T. 2 S., R. 28 E., as a recreational 
river. 
‘‘(F) The 4-mile segment of Glass Creek from its 2- 
forked source to 100 feet upstream of the Glass Creek 
Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 
E., as a wild river. 
‘‘(G) The 1.3-mile segment of Glass Creek from 100 
feet upstream of the trailhead parking area in sec. 29 
to the end of Glass Creek Road in sec. 21, T. 2 S., R. 
27 E., as a scenic river. 
‘‘(H) The 1.1-mile segment of Glass Creek from the 
end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., 
to the confluence with Deadman Creek, as a recreational 
river. 
‘‘(198) COTTONWOOD
CREEK, CALIFORNIA.—The following 
segments of Cottonwood Creek in the State of California: 
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123 STAT. 1059 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(A) The 17.4-mile segment from its headwaters at 
the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National 
Forest boundary at the east section line of sec 3, T. 6 
S., R. 36 E., as a wild river to be administered by the 
Secretary of Agriculture. 
‘‘(B) The 4.1-mile segment from the Inyo National 
Forest boundary to the northern boundary of sec. 5, T.4 
S., R. 34 E., as a recreational river, to be administered 
by the Secretary of the Interior. 
‘‘(199) PIRU CREEK, CALIFORNIA.—The following segments 
of Piru Creek in the State of California, to be administered 
by the Secretary of Agriculture: 
‘‘(A) The 3-mile segment of Piru Creek from 0.5 miles 
downstream of Pyramid Dam at the first bridge crossing 
to the boundary of the Sespe Wilderness, as a recreational 
river. 
‘‘(B) The 4.25-mile segment from the boundary of the 
Sespe Wilderness to the boundary between Los Angeles 
and Ventura Counties, as a wild river.’’. 
(b) EFFECT.—The designation of Piru Creek under subsection 
(a) shall not affect valid rights in existence on the date of enactment 
of this Act. 
SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. 
(a) DESIGNATION.—The approximately 7,254 acres of land in 
the Humboldt-Toiyabe National Forest identified as the ‘‘Bridgeport 
Winter Recreation Area’’, as generally depicted on the map entitled 
‘‘Humboldt-Toiyabe National Forest Proposed Management’’ and 
dated September 17, 2008, is designated as the Bridgeport Winter 
Recreation Area. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map and 
legal description of the Recreation Area with— 
(A) the Committee on Natural Resources of the House 
of Representatives; and 
(B) the Committee on Energy and Natural Resources 
of the Senate. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct any errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Forest Service. 
(c) MANAGEMENT.— 
(1) INTERIM
MANAGEMENT.—Until completion of the 
management plan required under subsection (d), and except 
as provided in paragraph (2), the Recreation Area shall be 
managed in accordance with the Toiyabe National Forest Land 
and Resource Management Plan of 1986 (as in effect on the 
day of enactment of this Act). 
(2) USE OF SNOWMOBILES.—The winter use of snowmobiles 
shall be allowed in the Recreation Area— 
(A) during periods of adequate snow coverage during 
the winter season; and 
16 USC 460vvv. 
16 USC 1274 
note. 
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123 STAT. 1060 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) subject to any terms and conditions determined 
to be necessary by the Secretary. 
(d) MANAGEMENT PLAN.—To ensure the sound management 
and enforcement of the Recreation Area, the Secretary shall, not 
later than 1 year after the date of enactment of this Act, undergo 
a public process to develop a winter use management plan that 
provides for— 
(1) adequate signage; 
(2) a public education program on allowable usage areas; 
(3) measures to ensure adequate sanitation; 
(4) a monitoring and enforcement strategy; and 
(5) measures to ensure the protection of the Trail. 
(e) ENFORCEMENT.—The Secretary shall prioritize enforcement 
activities in the Recreation Area— 
(1) to prohibit degradation of natural resources in the 
Recreation Area; 
(2) to prevent interference with nonmotorized recreation 
on the Trail; and 
(3) to reduce user conflicts in the Recreation Area. 
(f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The Secretary 
shall establish an appropriate snowmobile crossing point along the 
Trail in the area identified as ‘‘Pacific Crest Trail Proposed Crossing 
Area’’ on the map entitled ‘‘Humboldt-Toiyable National Forest 
Proposed Management’’ and dated September 17, 2008— 
(1) in accordance with— 
(A) the National Trails System Act (16 U.S.C. 1241 
et seq.); and 
(B) any applicable environmental and public safety 
laws; and 
(2) subject to the terms and conditions the Secretary deter-
mines to be necessary to ensure that the crossing would not— 
(A) interfere with the nature and purposes of the Trail; 
or 
(B) harm the surrounding landscape. 
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE 
NATIONAL FOREST. 
Certain land in the Humboldt-Toiyabe National Forest, com-
prising approximately 3,690 acres identified as ‘‘Pickel Hill Manage-
ment Area’’, as generally depicted on the map entitled ‘‘Humboldt- 
Toiyabe National Forest Proposed Management’’ and dated Sep-
tember 17, 2008, shall be managed in a manner consistent with 
the non-Wilderness forest areas immediately surrounding the Pickel 
Hill Management Area, including the allowance of snowmobile use. 
SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 
(a) DESIGNATION.—To conserve and protect the Ancient 
Bristlecone Pines by maintaining near-natural conditions and to 
ensure the survival of the Pines for the purposes of public enjoyment 
and scientific study, the approximately 31,700 acres of public land 
in the State, as generally depicted on the map entitled ‘‘Ancient 
Bristlecone Pine Forest—Proposed’’ and dated July 16, 2008, is 
designated as the ‘‘Ancient Bristlecone Pine Forest’’. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable, but not later 
than 3 years after the date of enactment of this Act, the 
Secretary shall file a map and legal description of the Forest 
with— 
Deadline. 
16 USC 539o. 
Deadline. 
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123 STAT. 1061 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) the Committee on Natural Resources of the House 
of Representatives; and 
(B) the Committee on Energy and Natural Resources 
of the Senate. 
(2) FORCE OF LAW.—The map and legal description filed 
under paragraph (1) shall have the same force and effect as 
if included in this subtitle, except that the Secretary may 
correct any errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Forest Service. 
(c) MANAGEMENT.— 
(1) IN
GENERAL.—The Secretary shall administer the 
Forest— 
(A) in a manner that— 
(i) protect the resources and values of the area 
in accordance with the purposes for which the Forest 
is established, as described in subsection (a); and 
(ii) promotes the objectives of the applicable 
management plan (as in effect on the date of enactment 
of this Act), including objectives relating to— 
(I) the protection of bristlecone pines for public 
enjoyment and scientific study; 
(II) the recognition of the botanical, scenic, 
and historical values of the area; and 
(III) the maintenance of near-natural condi-
tions by ensuring that all activities are subordinate 
to 
the 
needs 
of 
protecting 
and 
preserving 
bristlecone pines and wood remnants; and 
(B) in accordance with the National Forest Manage-
ment Act of 1976 (16 U.S.C. 1600 et seq.), this section, 
and any other applicable laws. 
(2) USES.— 
(A) IN GENERAL.—The Secretary shall allow only such 
uses of the Forest as the Secretary determines would fur-
ther the purposes for which the Forest is established, as 
described in subsection (a). 
(B) SCIENTIFIC RESEARCH.—Scientific research shall be 
allowed in the Forest in accordance with the Inyo National 
Forest Land and Resource Management Plan (as in effect 
on the date of enactment of this Act). 
(3) WITHDRAWAL.—Subject to valid existing rights, all Fed-
eral land within the Forest is withdrawn from— 
(A) all forms of entry, appropriation or disposal under 
the public land laws; 
(B) location, entry, and patent under the mining laws; 
and 
(C) disposition under all laws relating to mineral and 
geothermal leasing or mineral materials. 
Subtitle L—Riverside County Wilderness, 
California 
SEC. 1851. WILDERNESS DESIGNATION. 
(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Sec-
retary’’ means— 
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123 STAT. 1062 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) with respect to land under the jurisdiction of the Sec-
retary of Agriculture, the Secretary of Agriculture; and 
(2) with respect to land under the jurisdiction of the Sec-
retary of the Interior, the Secretary of the Interior. 
(b) DESIGNATION
OF
WILDERNESS, CLEVELAND
AND
SAN 
BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, 
AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, 
CALIFORNIA.— 
(1) DESIGNATIONS.— 
(A) AGUA TIBIA WILDERNESS ADDITIONS.—In accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
land in the Cleveland National Forest and certain land 
administered by the Bureau of Land Management in River-
side County, California, together comprising approximately 
2,053 acres, as generally depicted on the map titled ‘‘Pro-
posed Addition to Agua Tibia Wilderness’’, and dated May 
9, 2008, is designated as wilderness and is incorporated 
in, and shall be deemed to be a part of, the Agua Tibia 
Wilderness designated by section 2(a) of Public Law 93– 
632 (88 Stat. 2154; 16 U.S.C. 1132 note). 
(B) CAHUILLA MOUNTAIN WILDERNESS.—In accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
land in the San Bernardino National Forest, California, 
comprising 
approximately 
5,585 
acres, 
as 
generally 
depicted on the map titled ‘‘Cahuilla Mountain Proposed 
Wilderness’’, and dated May 1, 2008, is designated as 
wilderness and, therefore, as a component of the National 
Wilderness Preservation System, which shall be known 
as the ‘‘Cahuilla Mountain Wilderness’’. 
(C) SOUTH FORK SAN JACINTO WILDERNESS.—In accord-
ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
certain land in the San Bernardino National Forest, Cali-
fornia, comprising approximately 20,217 acres, as generally 
depicted on the map titled ‘‘South Fork San Jacinto Pro-
posed Wilderness’’, and dated May 1, 2008, is designated 
as wilderness and, therefore, as a component of the 
National Wilderness Preservation System, which shall be 
known as the ‘‘South Fork San Jacinto Wilderness’’. 
(D) SANTA ROSA WILDERNESS ADDITIONS.—In accord-
ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
certain land in the San Bernardino National Forest, Cali-
fornia, and certain land administered by the Bureau of 
Land Management in Riverside County, California, com-
prising approximately 2,149 acres, as generally depicted 
on the map titled ‘‘Santa Rosa-San Jacinto National Monu-
ment Expansion and Santa Rosa Wilderness Addition’’, 
and dated March 12, 2008, is designated as wilderness 
and is incorporated in, and shall be deemed to be a part 
of, the Santa Rosa Wilderness designated by section 
101(a)(28) of Public Law 98–425 (98 Stat. 1623; 16 U.S.C. 
1132 note) and expanded by paragraph (59) of section 102 
of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 
note). 
(E) BEAUTY
MOUNTAIN
WILDERNESS.—In accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
land administered by the Bureau of Land Management 
in Riverside County, California, comprising approximately 
16 USC 1132 
note. 
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123 STAT. 1063 
PUBLIC LAW 111–11—MAR. 30, 2009 
15,621 acres, as generally depicted on the map titled 
‘‘Beauty Mountain Proposed Wilderness’’, and dated April 
3, 2007, is designated as wilderness and, therefore, as 
a component of the National Wilderness Preservation 
System, which shall be known as the ‘‘Beauty Mountain 
Wilderness’’. 
(F) JOSHUA TREE NATIONAL PARK WILDERNESS ADDI-
TIONS.—In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), certain land in Joshua Tree National Park, 
comprising approximately 36,700 acres, as generally 
depicted on the map numbered 156/80,055, and titled 
‘‘Joshua Tree National Park Proposed Wilderness Addi-
tions’’, and dated March 2008, is designated as wilderness 
and is incorporated in, and shall be deemed to be a part 
of, the Joshua Tree Wilderness designated by section 1(g) 
of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note). 
(G) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS.—In 
accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), certain land administered by the Bureau of Land 
Management in Riverside County, California, comprising 
approximately 4,635 acres, as generally depicted on the 
map titled ‘‘Orocopia Mountains Proposed Wilderness Addi-
tion’’, and dated May 8, 2008, is designated as wilderness 
and is incorporated in, and shall be deemed to be a part 
of, the Orocopia Mountains Wilderness as designated by 
paragraph (44) of section 102 of Public Law 103–433 (108 
Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness 
boundaries established by this subsection in Township 7 
South, Range 13 East, exclude— 
(i) a corridor 250 feet north of the centerline of 
the Bradshaw Trail; 
(ii) a corridor 250 feet from both sides of the center-
line of the vehicle route in the unnamed wash that 
flows between the Eagle Mountain Railroad on the 
south and the existing Orocopia Mountains Wilderness 
boundary; and 
(iii) a corridor 250 feet from both sides of the 
centerline of the vehicle route in the unnamed wash 
that flows between the Chocolate Mountain Aerial 
Gunnery Range on the south and the existing Orocopia 
Mountains Wilderness boundary. 
(H) PALEN/MCCOY WILDERNESS ADDITIONS.—In accord-
ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
certain land administered by the Bureau of Land Manage-
ment in Riverside County, California, comprising approxi-
mately 22,645 acres, as generally depicted on the map 
titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, and 
dated May 8, 2008, is designated as wilderness and is 
incorporated in, and shall be deemed to be a part of, 
the Palen/McCoy Wilderness as designated by paragraph 
(47) of section 102 of Public Law 103–433 (108 Stat. 4472; 
16 U.S.C. 1132 note). 
(I) PINTO MOUNTAINS WILDERNESS.—In accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
administered by the Bureau of Land Management in River-
side County, California, comprising approximately 24,404 
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acres, as generally depicted on the map titled ‘‘Pinto Moun-
tains Proposed Wilderness’’, and dated February 21, 2008, 
is designated as wilderness and, therefore, as a component 
of the National Wilderness Preservation System, which 
shall be known as the ‘‘Pinto Mountains Wilderness’’. 
(J) CHUCKWALLA MOUNTAINS WILDERNESS ADDITIONS.— 
In accordance with the Wilderness Act (16 U.S.C. 1131 
et seq.), certain land administered by the Bureau of Land 
Management in Riverside County, California, comprising 
approximately 12,815 acres, as generally depicted on the 
map titled ‘‘Chuckwalla Mountains Proposed Wilderness 
Addition’’, and dated May 8, 2008, is designated as wilder-
ness and is incorporated in, and shall be deemed to be 
a part of the Chuckwalla Mountains Wilderness as des-
ignated by paragraph (12) of section 102 of Public Law 
103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). 
(2) MAPS AND DESCRIPTIONS.— 
(A) IN GENERAL.—As soon as practicable after the date 
of the enactment of this Act, the Secretary shall file a 
map and legal description of each wilderness area and 
wilderness addition designated by this section with the 
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate. 
(B) FORCE OF LAW.—A map and legal description filed 
under subparagraph (A) shall have the same force and 
effect as if included in this section, except that the Sec-
retary may correct errors in the map and legal description. 
(C) PUBLIC AVAILABILITY.—Each map and legal descrip-
tion filed under subparagraph (A) shall be filed and made 
available for public inspection in the appropriate office 
of the Secretary. 
(3) UTILITY FACILITIES.—Nothing in this section prohibits 
the construction, operation, or maintenance, using standard 
industry practices, of existing utility facilities located outside 
of the wilderness areas and wilderness additions designated 
by this section. 
(c) JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.— 
(1) DESIGNATION OF POTENTIAL WILDERNESS.—Certain land 
in the Joshua Tree National Park, comprising approximately 
43,300 acres, as generally depicted on the map numbered 156/ 
80,055, and titled ‘‘Joshua Tree National Park Proposed Wilder-
ness Additions’’, and dated March 2008, is designated potential 
wilderness and shall be managed by the Secretary of the 
Interior insofar as practicable as wilderness until such time 
as the land is designated as wilderness pursuant to paragraph 
(2). 
(2) DESIGNATION
AS
WILDERNESS.—The land designated 
potential wilderness by paragraph (1) shall be designated as 
wilderness and incorporated in, and be deemed to be a part 
of, the Joshua Tree Wilderness designated by section 1(g) of 
Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effec-
tive upon publication by the Secretary of the Interior in the 
Federal Register of a notice that— 
(A) all uses of the land within the potential wilderness 
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) 
have ceased; and 
Effective date. 
Federal Register, 
publication. 
Notice. 
16 USC 1132 
note. 
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123 STAT. 1065 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) sufficient inholdings within the boundaries of the 
potential wilderness have been acquired to establish a 
manageable wilderness unit. 
(3) MAP AND DESCRIPTION.— 
(A) IN GENERAL.—As soon as practicable after the date 
on which the notice required by paragraph (2) is published 
in the Federal Register, the Secretary shall file a map 
and legal description of the land designated as wilderness 
and potential wilderness by this section with the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources 
of the Senate. 
(B) FORCE OF LAW.—The map and legal description 
filed under subparagraph (A) shall have the same force 
and effect as if included in this section, except that the 
Secretary may correct errors in the map and legal descrip-
tion. 
(C) PUBLIC AVAILABILITY.—Each map and legal descrip-
tion filed under subparagraph (A) shall be filed and made 
available for public inspection in the appropriate office 
of the Secretary. 
(d) ADMINISTRATION OF WILDERNESS.— 
(1) MANAGEMENT.—Subject to valid existing rights, the land 
designated as wilderness or as a wilderness addition by this 
section shall be administered by the Secretary in accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 
(A) any reference in that Act to the effective date 
of that Act shall be deemed to be a reference to— 
(i) the date of the enactment of this Act; or 
(ii) in the case of the wilderness addition des-
ignated by subsection (c), the date on which the notice 
required by such subsection is published in the Federal 
Register; and 
(B) any reference in that Act to the Secretary of Agri-
culture shall be deemed to be a reference to the Secretary 
that has jurisdiction over the land. 
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land within the boundaries of a wilderness area or wilder-
ness addition designated by this section that is acquired by 
the United States shall— 
(A) become part of the wilderness area in which the 
land is located; and 
(B) be managed in accordance with this section, the 
Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
applicable law. 
(3) WITHDRAWAL.—Subject to valid rights in existence on 
the date of enactment of this Act, the land designated as 
wilderness by this section is withdrawn from all forms of— 
(A) entry, appropriation, or disposal under the public 
land laws; 
(B) location, entry, and patent under the mining laws; 
and 
(C) disposition under all laws pertaining to mineral 
and geothermal leasing or mineral materials. 
(4) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 
(A) IN GENERAL.—The Secretary may take such meas-
ures in a wilderness area or wilderness addition designated 
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123 STAT. 1066 
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by this section as are necessary for the control of fire, 
insects, and diseases in accordance with section 4(d)(1) 
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House 
Report 98–40 of the 98th Congress. 
(B) FUNDING PRIORITIES.—Nothing in this section limits 
funding for fire and fuels management in the wilderness 
areas and wilderness additions designated by this section. 
(C) REVISION
AND
DEVELOPMENT
OF
LOCAL
FIRE 
MANAGEMENT PLANS.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall amend the 
local fire management plans that apply to the land des-
ignated as a wilderness area or wilderness addition by 
this section. 
(D) ADMINISTRATION.—Consistent with subparagraph 
(A) and other applicable Federal law, to ensure a timely 
and efficient response to fire emergencies in the wilderness 
areas and wilderness additions designated by this section, 
the Secretary shall— 
(i) not later than 1 year after the date of enactment 
of this Act, establish agency approval procedures 
(including appropriate delegations of authority to the 
Forest Supervisor, District Manager, or other agency 
officials) for responding to fire emergencies; and 
(ii) enter into agreements with appropriate State 
or local firefighting agencies. 
(5) GRAZING.—Grazing of livestock in a wilderness area 
or wilderness addition designated by this section shall be 
administered in accordance with the provisions of section 4(d)(4) 
of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
set forth in House Report 96–617 to accompany H.R. 5487 
of the 96th Congress. 
(6) NATIVE AMERICAN USES AND INTERESTS.— 
(A) ACCESS AND USE.—To the extent practicable, the 
Secretary shall ensure access to the Cahuilla Mountain 
Wilderness by members of an Indian tribe for traditional 
cultural purposes. In implementing this paragraph, the 
Secretary, upon the request of an Indian tribe, may tempo-
rarily close to the general public use of one or more specific 
portions of the wilderness area in order to protect the 
privacy of traditional cultural activities in such areas by 
members of the Indian tribe. Any such closure shall be 
made to affect the smallest practicable area for the min-
imum period necessary for such purposes. Such access shall 
be consistent with the purpose and intent of Public Law 
95–341 (42 U.S.C. 1996), commonly referred to as the Amer-
ican Indian Religious Freedom Act, and the Wilderness 
Act (16 U.S.C. 1131 et seq.). 
(B) INDIAN
TRIBE
DEFINED.—In this paragraph, the 
term ‘‘Indian tribe’’ means any Indian tribe, band, nation, 
or other organized group or community of Indians which 
is recognized as eligible by the Secretary of the Interior 
for the special programs and services provided by the 
United States to Indians because of their status as Indians. 
(7) MILITARY
ACTIVITIES.—Nothing in this section pre-
cludes— 
Contracts. 
Deadline. 
Procedures. 
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123 STAT. 1067 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) low-level overflights of military aircraft over the 
wilderness areas or wilderness additions designated by this 
section; 
(B) the designation of new units of special airspace 
over the wilderness areas or wilderness additions des-
ignated by this section; or 
(C) the use or establishment of military flight training 
routes over wilderness areas or wilderness additions des-
ignated by this section. 
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE 
COUNTY, CALIFORNIA. 
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) (as amended by section 1805) is amended by adding at 
the end the following new paragraphs: 
‘‘(200) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The fol-
lowing segments of the North Fork San Jacinto River in the State 
of California, to be administered by the Secretary of Agriculture: 
‘‘(A) The 2.12-mile segment from the source of the North 
Fork San Jacinto River at Deer Springs in Mt. San Jacinto 
State Park to the State Park boundary, as a wild river. 
‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State 
Park boundary to the Lawler Park boundary in section 26, 
township 4 south, range 2 east, San Bernardino meridian, 
as a scenic river. 
‘‘(C) The 0.68-mile segment from the Lawler Park boundary 
to its confluence with Fuller Mill Creek, as a recreational 
river. 
‘‘(D) The 2.15-mile segment from its confluence with Fuller 
Mill Creek to .25 miles upstream of the 5S09 road crossing, 
as a wild river. 
‘‘(E) The 0.6-mile segment from .25 miles upstream of the 
5S09 road crossing to its confluence with Stone Creek, as a 
scenic river. 
‘‘(F) The 2.91-mile segment from the Stone Creek con-
fluence to the northern boundary of section 17, township 5 
south, range 2 east, San Bernardino meridian, as a wild river. 
‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The following seg-
ments of Fuller Mill Creek in the State of California, to be adminis-
tered by the Secretary of Agriculture: 
‘‘(A) The 1.2-mile segment from the source of Fuller Mill 
Creek in the San Jacinto Wilderness to the Pinewood property 
boundary in section 13, township 4 south, range 2 east, San 
Bernardino meridian, as a scenic river. 
‘‘(B) The 0.9-mile segment in the Pine Wood property, as 
a recreational river. 
‘‘(C) The 1.4-mile segment from the Pinewood property 
boundary in section 23, township 4 south, range 2 east, San 
Bernardino meridian, to its confluence with the North Fork 
San Jacinto River, as a scenic river. 
‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile seg-
ment of Palm Canyon Creek in the State of California from the 
southern boundary of section 6, township 7 south, range 5 east, 
San Bernardino meridian, to the San Bernardino National Forest 
boundary in section 1, township 6 south, range 4 east, San 
Contracts. 
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123 STAT. 1068 
PUBLIC LAW 111–11—MAR. 30, 2009 
Bernardino meridian, to be administered by the Secretary of Agri-
culture as a wild river, and the Secretary shall enter into a coopera-
tive management agreement with the Agua Caliente Band of 
Cahuilla Indians to protect and enhance river values. 
‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment 
of Bautista Creek in the State of California from the San Bernardino 
National Forest boundary in section 36, township 6 south, range 
2 east, San Bernardino meridian, to the San Bernardino National 
Forest boundary in section 2, township 6 south, range 1 east, 
San Bernardino meridian, to be administered by the Secretary 
of Agriculture as a recreational river.’’. 
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA 
AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT. 
(a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO 
MOUNTAINS NATIONAL MONUMENT.—Section 2 of the Santa Rosa 
and San Jacinto Mountains National Monument Act of 2000 (Public 
Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended 
by adding at the end the following new subsection: 
‘‘(e) EXPANSION
OF BOUNDARIES.—In addition to the land 
described in subsection (c), the boundaries of the National Monu-
ment shall include the following lands identified as additions to 
the National Monument on the map titled ‘Santa Rosa-San Jacinto 
National Monument Expansion and Santa Rosa Wilderness Addi-
tion’, and dated March 12, 2008: 
‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’. 
‘‘(2) The ‘Snow Creek Area Monument Expansion’. 
‘‘(3) The ‘Tahquitz Peak Area Monument Expansion’. 
‘‘(4) The ‘Southeast Area Monument Expansion’, which is 
designated as wilderness in section 512(d), and is thus incor-
porated into, and shall be deemed part of, the Santa Rosa 
Wilderness.’’. 
(b) TECHNICAL AMENDMENTS
TO
THE SANTA ROSA
AND SAN 
JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.—Section 
7(d) of the Santa Rosa and San Jacinto Mountains National Monu-
ment Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 
431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a majority 
of the appointed’’. 
Subtitle M—Sequoia and Kings Canyon 
National Parks Wilderness, California 
SEC. 1901. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) STATE.—The term ‘‘State’’ means the State of California. 
SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 
In accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), the following areas in the State are designated as wilderness 
areas and as components of the National Wilderness Preservation 
System: 
(1) JOHN KREBS WILDERNESS.— 
(A) DESIGNATION.—Certain land in Sequoia and Kings 
Canyon National Parks, comprising approximately 39,740 
16 USC 1132 
note. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
acres of land, and 130 acres of potential wilderness addi-
tions as generally depicted on the map numbered 102/ 
60014b, titled ‘‘John Krebs Wilderness’’, and dated Sep-
tember 16, 2008. 
(B) EFFECT.—Nothing in this paragraph affects— 
(i) the cabins in, and adjacent to, Mineral King 
Valley; or 
(ii) the private inholdings known as ‘‘Silver City’’ 
and ‘‘Kaweah Han’’. 
(C) POTENTIAL WILDERNESS ADDITIONS.—The designa-
tion of the potential wilderness additions under subpara-
graph (A) shall not prohibit the operation, maintenance, 
and repair of the small check dams and water impound-
ments on Lower Franklin Lake, Crystal Lake, Upper Mon-
arch Lake, and Eagle Lake. The Secretary is authorized 
to allow the use of helicopters for the operation, mainte-
nance, and repair of the small check dams and water 
impoundments on Lower Franklin Lake, Crystal Lake, 
Upper Monarch Lake, and Eagle Lake. The potential 
wilderness additions shall be designated as wilderness and 
incorporated into the John Krebs Wilderness established 
by this section upon termination of the non-conforming 
uses. 
(2) SEQUOIA-KINGS CANYON WILDERNESS ADDITION.—Certain 
land in Sequoia and Kings Canyon National Parks, California, 
comprising approximately 45,186 acres as generally depicted 
on the map titled ‘‘Sequoia-Kings Canyon Wilderness Addition’’, 
numbered 102/60015a, and dated March 10, 2008, is incor-
porated in, and shall be considered to be a part of, the Sequoia- 
Kings Canyon Wilderness. 
(3) RECOMMENDED
WILDERNESS.—Land in Sequoia and 
Kings Canyon National Parks that was managed as of the 
date of enactment of this Act as recommended or proposed 
wilderness but not designated by this section as wilderness 
shall continue to be managed as recommended or proposed 
wilderness, as appropriate. 
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. 
(a) IN GENERAL.—Subject to valid existing rights, each area 
designated as wilderness by this subtitle shall be administered 
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), except that any reference in the Wilderness Act 
to the effective date of the Wilderness Act shall be considered 
to be a reference to the date of enactment of this Act. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon 
as practicable, but not later than 3 years, after the date of 
enactment of this Act, the Secretary shall file a map and 
legal description of each area designated as wilderness by this 
subtitle with— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(2) FORCE AND EFFECT.—The map and legal description 
filed under paragraph (1) shall have the same force and effect 
as if included in this subtitle, except that the Secretary may 
Deadline. 
16 USC 1132 
note. 
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123 STAT. 1070 
PUBLIC LAW 111–11—MAR. 30, 2009 
correct any clerical or typographical error in the map or legal 
description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the Office of the Secretary. 
(c) 
HYDROLOGIC, 
METEOROLOGIC, 
AND
CLIMATOLOGICAL 
DEVICES, FACILITIES, AND ASSOCIATED EQUIPMENT.—The Secretary 
shall continue to manage maintenance and access to hydrologic, 
meteorologic, and climatological devices, facilities and associated 
equipment consistent with House Report 98–40. 
(d) AUTHORIZED ACTIVITIES OUTSIDE WILDERNESS.—Nothing in 
this subtitle precludes authorized activities conducted outside of 
an area designated as wilderness by this subtitle by cabin owners 
(or designees) in the Mineral King Valley area or property owners 
or lessees (or designees) in the Silver City inholding, as identified 
on the map described in section 1902(1)(A). 
(e) HORSEBACK RIDING.—Nothing in this subtitle precludes 
horseback riding in, or the entry of recreational or commercial 
saddle or pack stock into, an area designated as wilderness by 
this subtitle— 
(1) in accordance with section 4(d)(5) of the Wilderness 
Act (16 U.S.C. 1133(d)(5)); and 
(2) subject to any terms and conditions determined to be 
necessary by the Secretary. 
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Subtitle N—Rocky Mountain National Park 
Wilderness, Colorado 
SEC. 1951. DEFINITIONS. 
In this subtitle: 
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky 
Mountain National Park Wilderness Act of 2007’’ and dated 
September 2006. 
(2) PARK.—The term ‘‘Park’’ means Rocky Mountain 
National Park located in the State of Colorado. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) TRAIL.—The term ‘‘Trail’’ means the East Shore Trail 
established under section 1954(a). 
(5) WILDERNESS.—The term ‘‘Wilderness’’ means the wilder-
ness designated by section 1952(a). 
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLO-
RADO. 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness 
and as a component of the National Wilderness Preservation System 
approximately 249,339 acres of land in the Park, as generally 
depicted on the map. 
(b) MAP AND BOUNDARY DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall— 
16 USC 1132 
note. 
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(A) prepare a map and boundary description of the 
Wilderness; and 
(B) submit the map and boundary description prepared 
under subparagraph (A) to the Committee on Energy and 
Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives. 
(2) AVAILABILITY; FORCE OF LAW.—The map and boundary 
description submitted under paragraph (1)(B) shall— 
(A) be on file and available for public inspection in 
appropriate offices of the National Park Service; and 
(B) have the same force and effect as if included in 
this subtitle. 
(c) INCLUSION OF POTENTIAL WILDERNESS.— 
(1) IN GENERAL.—On publication in the Federal Register 
of a notice by the Secretary that all uses inconsistent with 
the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on 
the land identified on the map as a ‘‘Potential Wilderness 
Area’’, the land shall be— 
(A) included in the Wilderness; and 
(B) administered in accordance with subsection (e). 
(2) BOUNDARY DESCRIPTION.—On inclusion in the Wilder-
ness of the land referred to in paragraph (1), the Secretary 
shall modify the map and boundary description submitted under 
subsection (b) to reflect the inclusion of the land. 
(d) EXCLUSION
OF CERTAIN LAND.—The following areas are 
specifically excluded from the Wilderness: 
(1) The Grand River Ditch (including the main canal of 
the Grand River Ditch and a branch of the main canal known 
as the Specimen Ditch), the right-of-way for the Grand River 
Ditch, land 200 feet on each side of the center line of the 
Grand River Ditch, and any associated appurtenances, struc-
tures, buildings, camps, and work sites in existence as of June 
1, 1998. 
(2) Land owned by the St. Vrain & Left Hand Water 
Conservancy District, including Copeland Reservoir and the 
Inlet Ditch to the Reservoir from North St. Vrain Creek, com-
prising approximately 35.38 acres. 
(3) Land owned by the Wincenstsen-Harms Trust, com-
prising approximately 2.75 acres. 
(4) Land within the area depicted on the map as the 
‘‘East Shore Trail Area’’. 
(e) ADMINISTRATION.—Subject to valid existing rights, any land 
designated as wilderness under this section or added to the Wilder-
ness after the date of enactment of this Act under subsection 
(c) shall be administered by the Secretary in accordance with this 
subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except 
that— 
(1) any reference in the Wilderness Act (16 U.S.C. 1131 
et seq.) to the effective date of that Act shall be considered 
to be a reference to the date of enactment of this Act, or 
the date on which the additional land is added to the Wilder-
ness, respectively; and 
(2) any reference in the Wilderness Act (16 U.S.C. 1131 
et seq.) to the Secretary of Agriculture shall be considered 
to be a reference to the Secretary. 
(f) WATER RIGHTS.— 
(1) FINDINGS.—Congress finds that— 
Effective date. 
Federal Register, 
publication. 
Notice. 
16 USC 1132 
note. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(A) the United States has existing rights to water 
within the Park; 
(B) the existing water rights are sufficient for the 
purposes of the Wilderness; and 
(C) based on the findings described in subparagraphs 
(A) and (B), there is no need for the United States to 
reserve or appropriate any additional water rights to fulfill 
the purposes of the Wilderness. 
(2) EFFECT.—Nothing in this subtitle— 
(A) constitutes an express or implied reservation by 
the United States of water or water rights for any purpose; 
or 
(B) modifies or otherwise affects any existing water 
rights held by the United States for the Park. 
(g) FIRE, INSECT, AND DISEASE CONTROL.—The Secretary may 
take such measures in the Wilderness as are necessary to control 
fire, insects, and diseases, as are provided for in accordance with— 
(1) the laws applicable to the Park; and 
(2) the Wilderness Act (16 U.S.C. 1131 et seq.). 
SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON 
PROJECTS. 
(a) CONDITIONAL WAIVER OF STRICT LIABILITY.—During any 
period in which the Water Supply and Storage Company (or any 
successor in interest to the company with respect to the Grand 
River Ditch) operates and maintains the portion of the Grand 
River Ditch in the Park in compliance with an operations and 
maintenance agreement between the Water Supply and Storage 
Company and the National Park Service, the provisions of para-
graph (6) of the stipulation approved June 28, 1907— 
(1) shall be suspended; and 
(2) shall not be enforceable against the Company (or any 
successor in interest). 
(b) AGREEMENT.—The agreement referred to in subsection (a) 
shall— 
(1) ensure that— 
(A) Park resources are managed in accordance with 
the laws generally applicable to the Park, including— 
(i) the Act of January 26, 1915 (16 U.S.C. 191 
et seq.); and 
(ii) the National Park Service Organic Act (16 
U.S.C. 1 et seq.); 
(B) Park land outside the right-of-way corridor remains 
unimpaired consistent with the National Park Service 
management policies in effect as of the date of enactment 
of this Act; and 
(C) any use of Park land outside the right-of-way cor-
ridor (as of the date of enactment of this Act) shall be 
permitted only on a temporary basis, subject to such terms 
and conditions as the Secretary determines to be necessary; 
and 
(2) include stipulations with respect to— 
(A) flow monitoring and early warning measures; 
(B) annual and periodic inspections; 
(C) an annual maintenance plan; 
(D) measures to identify on an annual basis capital 
improvement needs; and 
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123 STAT. 1073 
PUBLIC LAW 111–11—MAR. 30, 2009 
(E) the development of plans to address the needs 
identified under subparagraph (D). 
(c) LIMITATION.—Nothing in this section limits or otherwise 
affects— 
(1) the liability of any individual or entity for damages 
to, loss of, or injury to any resource within the Park resulting 
from any cause or event that occurred before the date of enact-
ment of this Act; or 
(2) Public Law 101–337 (16 U.S.C. 19jj et seq.), including 
the defenses available under that Act for damage caused— 
(A) solely by— 
(i) an act of God; 
(ii) an act of war; or 
(iii) an act or omission of a third party (other 
than an employee or agent); or 
(B) by an activity authorized by Federal or State law. 
(d) COLORADO-BIG
THOMPSON
PROJECT
AND
WINDY
GAP 
PROJECT.— 
(1) IN GENERAL.—Nothing in this subtitle, including the 
designation of the Wilderness, prohibits or affects current and 
future operation and maintenance activities in, under, or 
affecting the Wilderness that were allowed as of the date of 
enactment of this Act under the Act of January 26, 1915 (16 
U.S.C. 191), relating to the Alva B. Adams Tunnel or other 
Colorado–Big Thompson Project facilities located within the 
Park. 
(2) ALVA
B. ADAMS
TUNNEL.—Nothing in this subtitle, 
including the designation of the Wilderness, prohibits or 
restricts the conveyance of water through the Alva B. Adams 
Tunnel for any purpose. 
(e) RIGHT-OF-WAY.—Notwithstanding the Act of March 3, 1891 
(43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), 
the right of way for the Grand River Ditch shall not be terminated, 
forfeited, or otherwise affected as a result of the water transported 
by the Grand River Ditch being used primarily for domestic pur-
poses or any purpose of a public nature, unless the Secretary 
determines that the change in the main purpose or use adversely 
affects the Park. 
(f) NEW RECLAMATION PROJECTS.—Nothing in the first section 
of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed 
to allow development in the Wilderness of any reclamation project 
not in existence as of the date of enactment of this Act. 
(g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in 
this section reduces or limits the authority of the Secretary to 
manage land and resources within the Park under applicable law. 
SEC. 1954. EAST SHORE TRAIL AREA. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall establish within the East 
Shore Trail Area in the Park an alignment line for a trail, to 
be known as the ‘‘East Shore Trail’’, to maximize the opportunity 
for sustained use of the Trail without causing— 
(1) harm to affected resources; or 
(2) conflicts among users. 
(b) BOUNDARIES.— 
(1) IN GENERAL.—After establishing the alignment line for 
the Trail under subsection (a), the Secretary shall— 
Deadline. 
Determination. 
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123 STAT. 1074 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) identify the boundaries of the Trail, which shall 
not extend more than 25 feet east of the alignment line 
or be located within the Wilderness; and 
(B) modify the map of the Wilderness prepared under 
section 1952(b)(1)(A) so that the western boundary of the 
Wilderness is 50 feet east of the alignment line. 
(2) ADJUSTMENTS.—To the extent necessary to protect Park 
resources, the Secretary may adjust the boundaries of the Trail, 
if the adjustment does not place any portion of the Trail within 
the boundary of the Wilderness. 
(c) INCLUSION IN WILDERNESS.—On completion of the construc-
tion of the Trail, as authorized by the Secretary— 
(1) any portion of the East Shore Trail Area that is not 
traversed by the Trail, that is not west of the Trail, and 
that is not within 50 feet of the centerline of the Trail shall 
be— 
(A) included in the Wilderness; and 
(B) managed as part of the Wilderness in accordance 
with section 1952; and 
(2) the Secretary shall modify the map and boundary 
description 
of 
the 
Wilderness 
prepared 
under 
section 
1952(b)(1)(A) to reflect the inclusion of the East Shore Trail 
Area land in the Wilderness. 
(d) EFFECT.—Nothing in this section— 
(1) requires the construction of the Trail along the align-
ment line established under subsection (a); or 
(2) limits the extent to which any otherwise applicable 
law or policy applies to any decision with respect to the 
construction of the Trail. 
(e) RELATION TO LAND OUTSIDE WILDERNESS.— 
(1) IN GENERAL.—Except as provided in this subsection, 
nothing in this subtitle affects the management or use of any 
land not included within the boundaries of the Wilderness 
or the potential wilderness land. 
(2) MOTORIZED
VEHICLES
AND
MACHINERY.—No use of 
motorized vehicles or other motorized machinery that was not 
permitted on March 1, 2006, shall be allowed in the East 
Shore Trail Area except as the Secretary determines to be 
necessary for use in— 
(A) constructing the Trail, if the construction is author-
ized by the Secretary; or 
(B) maintaining the Trail. 
(3) MANAGEMENT OF LAND BEFORE INCLUSION.—Until the 
Secretary authorizes the construction of the Trail and the use 
of the Trail for non-motorized bicycles, the East Shore Trail 
Area shall be managed— 
(A) to protect any wilderness characteristics of the 
East Shore Trail Area; and 
(B) to maintain the suitability of the East Shore Trail 
Area for inclusion in the Wilderness. 
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS. 
(a) INDIAN PEAKS WILDERNESS BOUNDARY ADJUSTMENT.—Sec-
tion 3(a) of the Indian Peaks Wilderness Area, the Arapaho National 
Recreation Area and the Oregon Islands Wilderness Area Act (16 
U.S.C. 1132 note; Public Law 95–450) is amended— 
16 USC 1132 
note. 
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123 STAT. 1075 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) by striking ‘‘seventy thousand acres’’ and inserting 
‘‘74,195 acres’’; and 
(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and 
dated May 2007’’. 
(b) ARAPAHO NATIONAL RECREATION AREA BOUNDARY ADJUST-
MENT.—Section 4(a) of the Indian Peaks Wilderness Area, the 
Arapaho National Recreation Area and the Oregon Islands Wilder-
ness Area Act (16 U.S.C. 460jj(a)) is amended— 
(1) by striking ‘‘thirty-six thousand two hundred thirty- 
five acres’’ and inserting ‘‘35,235 acres’’; and 
(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and 
dated May 2007’’. 
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 
(a) IN GENERAL.—Section 3(k) of Public Law 91–383 (16 U.S.C. 
1a–2(k)) shall apply to the parcel of land described in subsection 
(b). 
(b) DESCRIPTION OF THE LAND.—The parcel of land referred 
to in subsection (a) is the parcel of land known as the ‘‘Leiffer 
tract’’ that is— 
(1) located near the eastern boundary of the Park in 
Larimer County, Colorado; and 
(2) administered by the National Park Service. 
Subtitle O—Washington County, Utah 
SEC. 1971. DEFINITIONS. 
In this subtitle: 
(1) BEAVER
DAM
WASH
NATIONAL
CONSERVATION
AREA 
MAP.—The term ‘‘Beaver Dam Wash National Conservation 
Area Map’’ means the map entitled ‘‘Beaver Dam Wash 
National Conservation Area’’ and dated December 18, 2008. 
(2) CANAAN
MOUNTAIN
WILDERNESS
MAP.—The term 
‘‘Canaan Mountain Wilderness Map’’ means the map entitled 
‘‘Canaan Mountain Wilderness’’ and dated June 21, 2008. 
(3) COUNTY.—The term ‘‘County’’ means Washington 
County, Utah. 
(4) NORTHEASTERN
WASHINGTON
COUNTY
WILDERNESS 
MAP.—The term ‘‘Northeastern Washington County Wilderness 
Map’’ means the map entitled ‘‘Northeastern Washington 
County Wilderness’’ and dated November 12, 2008. 
(5) NORTHWESTERN
WASHINGTON
COUNTY
WILDERNESS 
MAP.—The term ‘‘Northwestern Washington County Wilderness 
Map’’ means the map entitled ‘‘Northwestern Washington 
County Wilderness’’ and dated June 21, 2008. 
(6) RED CLIFFS NATIONAL CONSERVATION AREA MAP.—The 
term ‘‘Red Cliffs National Conservation Area Map’’ means the 
map entitled ‘‘Red Cliffs National Conservation Area’’ and dated 
November 12, 2008. 
(7) SECRETARY.—The term ‘‘Secretary’’ means— 
(A) with respect to land under the jurisdiction of the 
Secretary of Agriculture, the Secretary of Agriculture; and 
(B) with respect to land under the jurisdiction of the 
Secretary of the Interior, the Secretary of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State of Utah. 
16 USC 460www 
note. 
Applicability. 
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123 STAT. 1076 
PUBLIC LAW 111–11—MAR. 30, 2009 
(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT 
MAP.—The term ‘‘Washington County Growth and Conservation 
Act Map’’ means the map entitled ‘‘Washington County Growth 
and Conservation Act Map’’ and dated November 13, 2008. 
SEC. 1972. WILDERNESS AREAS. 
(a) ADDITIONS
TO
NATIONAL
WILDERNESS
PRESERVATION 
SYSTEM.— 
(1) ADDITIONS.—Subject to valid existing rights, the fol-
lowing land in the State is designated as wilderness and as 
components of the National Wilderness Preservation System: 
(A) BEARTRAP CANYON.—Certain Federal land managed 
by the Bureau of Land Management, comprising approxi-
mately 40 acres, as generally depicted on the Northeastern 
Washington County Wilderness Map, which shall be known 
as the ‘‘Beartrap Canyon Wilderness’’. 
(B) BLACKRIDGE.—Certain Federal land managed by 
the Bureau of Land Management, comprising approxi-
mately 13,015 acres, as generally depicted on the North-
eastern Washington County Wilderness Map, which shall 
be known as the ‘‘Blackridge Wilderness’’. 
(C) CANAAN MOUNTAIN.—Certain Federal land in the 
County managed by the Bureau of Land Management, 
comprising approximately 44,531 acres, as generally 
depicted on the Canaan Mountain Wilderness Map, which 
shall be known as the ‘‘Canaan Mountain Wilderness’’. 
(D) COTTONWOOD CANYON.—Certain Federal land man-
aged by the Bureau of Land Management, comprising 
approximately 11,712 acres, as generally depicted on the 
Red Cliffs National Conservation Area Map, which shall 
be known as the ‘‘Cottonwood Canyon Wilderness’’. 
(E) COTTONWOOD FOREST.—Certain Federal land man-
aged by the Forest Service, comprising approximately 2,643 
acres, as generally depicted on the Red Cliffs National 
Conservation Area Map, which shall be known as the 
‘‘Cottonwood Forest Wilderness’’. 
(F) COUGAR CANYON.—Certain Federal land managed 
by the Bureau of Land Management, comprising approxi-
mately 10,409 acres, as generally depicted on the North-
western Washington County Wilderness Map, which shall 
be known as the ‘‘Cougar Canyon Wilderness’’. 
(G) DEEP CREEK.—Certain Federal land managed by 
the Bureau of Land Management, comprising approxi-
mately 3,284 acres, as generally depicted on the North-
eastern Washington County Wilderness Map, which shall 
be known as the ‘‘Deep Creek Wilderness’’. 
(H) DEEP CREEK NORTH.—Certain Federal land man-
aged by the Bureau of Land Management, comprising 
approximately 4,262 acres, as generally depicted on the 
Northeastern Washington County Wilderness Map, which 
shall be known as the ‘‘Deep Creek North Wilderness’’. 
(I) DOC’S PASS.—Certain Federal land managed by the 
Bureau of Land Management, comprising approximately 
17,294 acres, as generally depicted on the Northwestern 
Washington County Wilderness Map, which shall be known 
as the ‘‘Doc’s Pass Wilderness’’. 
16 USC 1132 
note. 
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123 STAT. 1077 
PUBLIC LAW 111–11—MAR. 30, 2009 
(J) GOOSE CREEK.—Certain Federal land managed by 
the Bureau of Land Management, comprising approxi-
mately 98 acres, as generally depicted on the Northeastern 
Washington County Wilderness Map, which shall be known 
as the ‘‘Goose Creek Wilderness’’. 
(K) LAVERKIN CREEK.—Certain Federal land managed 
by the Bureau of Land Management, comprising approxi-
mately 445 acres, as generally depicted on the Northeastern 
Washington County Wilderness Map, which shall be known 
as the ‘‘LaVerkin Creek Wilderness’’. 
(L) RED
BUTTE.—Certain Federal land managed by 
the Bureau of Land Management, comprising approxi-
mately 1,537 acres, as generally depicted on the North-
eastern Washington County Wilderness Map, which shall 
be known as the ‘‘Red Butte Wilderness’’. 
(M) RED MOUNTAIN.—Certain Federal land managed 
by the Bureau of Land Management, comprising approxi-
mately 18,729 acres, as generally depicted on the Red 
Cliffs National Conservation Area Map, which shall be 
known as the ‘‘Red Mountain Wilderness’’. 
(N) SLAUGHTER
CREEK.—Certain Federal land man-
aged by the Bureau of Land Management, comprising 
approximately 3,901 acres, as generally depicted on the 
Northwestern Washington County Wilderness Map, which 
shall be known as the ‘‘Slaughter Creek Wilderness’’. 
(O) TAYLOR
CREEK.—Certain Federal land managed 
by the Bureau of Land Management, comprising approxi-
mately 32 acres, as generally depicted on the Northeastern 
Washington County Wilderness Map, which shall be known 
as the ‘‘Taylor Creek Wilderness’’. 
(2) MAPS AND LEGAL DESCRIPTIONS.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a map and legal description of 
each wilderness area designated by paragraph (1). 
(B) FORCE AND EFFECT.—Each map and legal descrip-
tion submitted under subparagraph (A) shall have the same 
force and effect as if included in this subtitle, except that 
the Secretary may correct any clerical or typographical 
errors in the map or legal description. 
(C) AVAILABILITY.—Each map and legal description 
submitted under subparagraph (A) shall be available in 
the appropriate offices of— 
(i) the Bureau of Land Management; and 
(ii) the Forest Service. 
(b) ADMINISTRATION OF WILDERNESS AREAS.— 
(1) MANAGEMENT.—Subject to valid existing rights, each 
area designated as wilderness by subsection (a)(1) shall be 
administered by the Secretary in accordance with the Wilder-
ness Act (16 U.S.C. 1131 et seq.), except that— 
(A) any reference in the Wilderness Act to the effective 
date of that Act shall be considered to be a reference 
to the date of enactment of this Act; and 
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123 STAT. 1078 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) any reference in the Wilderness Act to the Sec-
retary of Agriculture shall be considered to be a reference 
to the Secretary that has jurisdiction over the land. 
(2) LIVESTOCK.—The grazing of livestock in each area des-
ignated as wilderness by subsection (a)(1), where established 
before the date of enactment of this Act, shall be permitted 
to continue— 
(A) subject to such reasonable regulations, policies, 
and practices that the Secretary considers necessary; and 
(B) in accordance with— 
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(ii) the guidelines set forth in Appendix A of the 
report of the Committee on Interior and Insular Affairs 
of the House of Representatives accompanying H.R. 
2570 of the 101st Congress (H.Rep. 101–405) and H.R. 
5487 of the 96th Congress (H. Rept. 96–617). 
(3) WILDFIRE, INSECT, AND
DISEASE
MANAGEMENT.—In 
accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary may take such measures in each 
area designated as wilderness by subsection (a)(1) as the Sec-
retary determines to be necessary for the control of fire, insects, 
and diseases (including, as the Secretary determines to be 
appropriate, the coordination of those activities with a State 
or local agency). 
(4) BUFFER ZONES.— 
(A) IN
GENERAL.—Nothing in this section creates a 
protective perimeter or buffer zone around any area des-
ignated as wilderness by subsection (a)(1). 
(B) ACTIVITIES
OUTSIDE
WILDERNESS.—The fact that 
an activity or use on land outside any area designated 
as wilderness by subsection (a)(1) can be seen or heard 
within the wilderness shall not preclude the activity or 
use outside the boundary of the wilderness. 
(5) MILITARY
OVERFLIGHTS.—Nothing in this section 
restricts or precludes— 
(A) low-level overflights of military aircraft over any 
area designated as wilderness by subsection (a)(1), 
including military overflights that can be seen or heard 
within any wilderness area; 
(B) flight testing and evaluation; or 
(C) the designation or creation of new units of special 
use airspace, or the establishment of military flight training 
routes over any wilderness area. 
(6) ACQUISITION
AND
INCORPORATION
OF
LAND
AND 
INTERESTS IN LAND.— 
(A) ACQUISITION
AUTHORITY.—In accordance with 
applicable laws (including regulations), the Secretary may 
acquire any land or interest in land within the boundaries 
of the wilderness areas designated by subsection (a)(1) 
by purchase from willing sellers, donation, or exchange. 
(B) INCORPORATION.—Any land or interest in land 
acquired by the Secretary under subparagraph (A) shall 
be incorporated into, and administered as a part of, the 
wilderness area in which the land or interest in land is 
located. 
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123 STAT. 1079 
PUBLIC LAW 111–11—MAR. 30, 2009 
(7) NATIVE
AMERICAN
CULTURAL
AND
RELIGIOUS
USES.— 
Nothing in this section diminishes— 
(A) the rights of any Indian tribe; or 
(B) any tribal rights regarding access to Federal land 
for tribal activities, including spiritual, cultural, and tradi-
tional food-gathering activities. 
(8) CLIMATOLOGICAL DATA COLLECTION.—In accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to 
such terms and conditions as the Secretary may prescribe, 
the Secretary may authorize the installation and maintenance 
of hydrologic, meteorologic, or climatological collection devices 
in the wilderness areas designated by subsection (a)(1) if the 
Secretary determines that the facilities and access to the facili-
ties are essential to flood warning, flood control, or water res-
ervoir operation activities. 
(9) WATER RIGHTS.— 
(A) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion— 
(i) shall constitute or be construed to constitute 
either an express or implied reservation by the United 
States of any water or water rights with respect to 
the land designated as wilderness by subsection (a)(1); 
(ii) shall affect any water rights in the State 
existing on the date of enactment of this Act, including 
any water rights held by the United States; 
(iii) shall be construed as establishing a precedent 
with regard to any future wilderness designations; 
(iv) shall affect the interpretation of, or any des-
ignation made pursuant to, any other Act; or 
(v) shall be construed as limiting, altering, modi-
fying, or amending any of the interstate compacts or 
equitable apportionment decrees that apportion water 
among and between the State and other States. 
(B) STATE WATER LAW.—The Secretary shall follow the 
procedural and substantive requirements of the law of the 
State in order to obtain and hold any water rights not 
in existence on the date of enactment of this Act with 
respect to the wilderness areas designated by subsection 
(a)(1). 
(10) FISH AND WILDLIFE.— 
(A) JURISDICTION OF STATE.—Nothing in this section 
affects the jurisdiction of the State with respect to fish 
and wildlife on public land located in the State. 
(B) AUTHORITY OF SECRETARY.—In furtherance of the 
purposes and principles of the Wilderness Act (16 U.S.C. 
1131 et seq.), the Secretary may carry out management 
activities to maintain or restore fish and wildlife popu-
lations (including activities to maintain and restore fish 
and wildlife habitats to support the populations) in any 
wilderness area designated by subsection (a)(1) if the activi-
ties are— 
(i) consistent with applicable wilderness manage-
ment plans; and 
(ii) carried out in accordance with— 
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); 
and 
Determination. 
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123 STAT. 1080 
PUBLIC LAW 111–11—MAR. 30, 2009 
(II) 
applicable 
guidelines 
and 
policies, 
including applicable policies described in Appendix 
B of House Report 101–405. 
(11) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to 
paragraph (12), the Secretary may authorize structures and 
facilities, including existing structures and facilities, for wildlife 
water development projects, including guzzlers, in the wilder-
ness areas designated by subsection (a)(1) if— 
(A) the structures and facilities will, as determined 
by the Secretary, enhance wilderness values by promoting 
healthy, viable, and more naturally distributed wildlife 
populations; and 
(B) the visual impacts of the structures and facilities 
on the wilderness areas can reasonably be minimized. 
(12) COOPERATIVE AGREEMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall enter 
into a cooperative agreement with the State that specifies the 
terms and conditions under which wildlife management activi-
ties in the wilderness areas designated by subsection (a)(1) 
may be carried out. 
(c) RELEASE OF WILDERNESS STUDY AREAS.— 
(1) FINDING.—Congress finds that, for the purposes of sec-
tion 603 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1782), the public land in the County adminis-
tered by the Bureau of Land Management has been adequately 
studied for wilderness designation. 
(2) RELEASE.—Any public land described in paragraph (1) 
that is not designated as wilderness by subsection (a)(1)— 
(A) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)); and 
(B) shall be managed in accordance with applicable 
law and the land management plans adopted under section 
202 of that Act (43 U.S.C. 1712). 
(d) TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL 
PARK SERVICE.—Administrative jurisdiction over the land identified 
as the Watchman Wilderness on the Northeastern Washington 
County Wilderness Map is hereby transferred to the National Park 
Service, to be included in, and administered as part of Zion National 
Park. 
SEC. 1973. ZION NATIONAL PARK WILDERNESS. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means certain 
Federal land— 
(A) that is— 
(i) located in the County and Iron County, Utah; 
and 
(ii) managed by the National Park Service; 
(B) consisting of approximately 124,406 acres; and 
(C) as generally depicted on the Zion National Park 
Wilderness Map and the area added to the park under 
section 1972(d). 
(2) WILDERNESS AREA.—The term ‘‘Wilderness Area’’ means 
the Zion Wilderness designated by subsection (b)(1). 
16 USC 1132 
note. 
16 USC 346a–6. 
Deadline. 
Determination. 
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123 STAT. 1081 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) ZION NATIONAL PARK WILDERNESS MAP.—The term ‘‘Zion 
National Park Wilderness Map’’ means the map entitled ‘‘Zion 
National Park Wilderness’’ and dated April 2008. 
(b) ZION NATIONAL PARK WILDERNESS.— 
(1) DESIGNATION.—Subject to valid existing rights, the Fed-
eral land is designated as wilderness and as a component 
of the National Wilderness Preservation System, to be known 
as the ‘‘Zion Wilderness’’. 
(2) INCORPORATION OF ACQUIRED LAND.—Any land located 
in the Zion National Park that is acquired by the Secretary 
through a voluntary sale, exchange, or donation may, on the 
recommendation of the Secretary, become part of the Wilder-
ness Area, in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.). 
(3) MAP AND LEGAL DESCRIPTION.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a map and legal description of 
the Wilderness Area. 
(B) FORCE AND EFFECT.—The map and legal description 
submitted under subparagraph (A) shall have the same 
force and effect as if included in this Act, except that 
the Secretary may correct any clerical or typographical 
errors in the map or legal description. 
(C) AVAILABILITY.—The map and legal description sub-
mitted under subparagraph (A) shall be available in the 
appropriate offices of the National Park Service. 
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 
(a) PURPOSES.—The purposes of this section are— 
(1) to conserve, protect, and enhance for the benefit and 
enjoyment of present and future generations the ecological, 
scenic, wildlife, recreational, cultural, historical, natural, edu-
cational, and scientific resources of the National Conservation 
Area; and 
(2) to protect each species that is— 
(A) located in the National Conservation Area; and 
(B) listed as a threatened or endangered species on 
the list of threatened species or the list of endangered 
species published under section 4(c)(1) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(c)(1)). 
(b) DEFINITIONS.—In this section: 
(1) HABITAT CONSERVATION PLAN.—The term ‘‘habitat con-
servation plan’’ means the conservation plan entitled ‘‘Wash-
ington County Habitat Conservation Plan’’ and dated February 
23, 1996. 
(2) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the National Conservation 
Area developed by the Secretary under subsection (d)(1). 
(3) NATIONAL CONSERVATION AREA.—The term ‘‘National 
Conservation Area’’ means the Red Cliffs National Conservation 
Area that— 
(A) consists of approximately 44,725 acres of public 
land in the County, as generally depicted on the Red Cliffs 
National Conservation Area Map; and 
16 USC 460www. 
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123 STAT. 1082 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) is established by subsection (c). 
(4) PUBLIC USE PLAN.—The term ‘‘public use plan’’ means 
the use plan entitled ‘‘Red Cliffs Desert Reserve Public Use 
Plan’’ and dated June 12, 2000, as amended. 
(5) RESOURCE
MANAGEMENT
PLAN.—The term ‘‘resource 
management plan’’ means the management plan entitled ‘‘St. 
George Field Office Resource Management Plan’’ and dated 
March 15, 1999, as amended. 
(c) ESTABLISHMENT.—Subject to valid existing rights, there is 
established in the State the Red Cliffs National Conservation Area. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act and in accordance with paragraph 
(2), the Secretary shall develop a comprehensive plan for the 
long-term management of the National Conservation Area. 
(2) CONSULTATION.—In developing the management plan 
required under paragraph (1), the Secretary shall consult 
with— 
(A) appropriate State, tribal, and local governmental 
entities; and 
(B) members of the public. 
(3) INCORPORATION OF PLANS.—In developing the manage-
ment plan required under paragraph (1), to the extent con-
sistent with this section, the Secretary may incorporate any 
provision of— 
(A) the habitat conservation plan; 
(B) the resource management plan; and 
(C) the public use plan. 
(e) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the National 
Conservation Area— 
(A) in a manner that conserves, protects, and enhances 
the resources of the National Conservation Area; and 
(B) in accordance with— 
(i) the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); 
(ii) this section; and 
(iii) any other applicable law (including regula-
tions). 
(2) USES.—The Secretary shall only allow uses of the 
National Conservation Area that the Secretary determines 
would further a purpose described in subsection (a). 
(3) MOTORIZED VEHICLES.—Except in cases in which motor-
ized vehicles are needed for administrative purposes, or to 
respond to an emergency, the use of motorized vehicles in 
the National Conservation Area shall be permitted only on 
roads designated by the management plan for the use of motor-
ized vehicles. 
(4) GRAZING.—The grazing of livestock in the National Con-
servation Area, where established before the date of enactment 
of this Act, shall be permitted to continue— 
(A) subject to— 
(i) such reasonable regulations, policies, and prac-
tices as the Secretary considers necessary; and 
(ii) applicable law; and 
(B) in a manner consistent with the purposes described 
in subsection (a). 
Deadline. 
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123 STAT. 1083 
PUBLIC LAW 111–11—MAR. 30, 2009 
(5) WILDLAND FIRE OPERATIONS.—Nothing in this section 
prohibits the Secretary, in cooperation with other Federal, 
State, and local agencies, as appropriate, from conducting 
wildland fire operations in the National Conservation Area, 
consistent with the purposes of this section. 
(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 
land or interest in land that is located in the National Conservation 
Area that is acquired by the United States shall— 
(1) become part of the National Conservation Area; and 
(2) be managed in accordance with— 
(A) the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.); 
(B) this section; and 
(C) any other applicable law (including regulations). 
(g) WITHDRAWAL.— 
(1) IN GENERAL.—Subject to valid existing rights, all Fed-
eral land located in the National Conservation Area are with-
drawn from— 
(A) all forms of entry, appropriation, and disposal 
under the public land laws; 
(B) location, entry, and patenting under the mining 
laws; and 
(C) operation of the mineral leasing, mineral materials, 
and geothermal leasing laws. 
(2) ADDITIONAL LAND.—If the Secretary acquires additional 
land that is located in the National Conservation Area after 
the date of enactment of this Act, the land is withdrawn from 
operation of the laws referred to in paragraph (1) on the date 
of acquisition of the land. 
(h) EFFECT.—Nothing in this section prohibits the authorization 
of the development of utilities within the National Conservation 
Area if the development is carried out in accordance with— 
(1) each utility development protocol described in the 
habitat conservation plan; and 
(2) any other applicable law (including regulations). 
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA. 
(a) PURPOSE.—The purpose of this section is to conserve, pro-
tect, and enhance for the benefit and enjoyment of present and 
future generations the ecological, scenic, wildlife, recreational, cul-
tural, historical, natural, educational, and scientific resources of 
the Beaver Dam Wash National Conservation Area. 
(b) DEFINITIONS.—In this section: 
(1) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the National Conservation 
Area developed by the Secretary under subsection (d)(1). 
(2) NATIONAL CONSERVATION AREA.—The term ‘‘National 
Conservation Area’’ means the Beaver Dam Wash National 
Conservation Area that— 
(A) consists of approximately 68,083 acres of public 
land in the County, as generally depicted on the Beaver 
Dam Wash National Conservation Area Map; and 
(B) is established by subsection (c). 
(c) ESTABLISHMENT.—Subject to valid existing rights, there is 
established in the State the Beaver Dam Wash National Conserva-
tion Area. 
(d) MANAGEMENT PLAN.— 
16 USC 460xxx. 
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123 STAT. 1084 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act and in accordance with paragraph 
(2), the Secretary shall develop a comprehensive plan for the 
long-term management of the National Conservation Area. 
(2) CONSULTATION.—In developing the management plan 
required under paragraph (1), the Secretary shall consult 
with— 
(A) appropriate State, tribal, and local governmental 
entities; and 
(B) members of the public. 
(3) MOTORIZED VEHICLES.—In developing the management 
plan required under paragraph (1), the Secretary shall incor-
porate the restrictions on motorized vehicles described in sub-
section (e)(3). 
(e) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the National 
Conservation Area— 
(A) in a manner that conserves, protects, and enhances 
the resources of the National Conservation Area; and 
(B) in accordance with— 
(i) the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); 
(ii) this section; and 
(iii) any other applicable law (including regula-
tions). 
(2) USES.—The Secretary shall only allow uses of the 
National Conservation Area that the Secretary determines 
would further the purpose described in subsection (a). 
(3) MOTORIZED VEHICLES.— 
(A) IN GENERAL.—Except in cases in which motorized 
vehicles are needed for administrative purposes, or to 
respond to an emergency, the use of motorized vehicles 
in the National Conservation Area shall be permitted only 
on roads designated by the management plan for the use 
of motorized vehicles. 
(B) ADDITIONAL REQUIREMENT RELATING TO CERTAIN 
AREAS LOCATED IN THE NATIONAL CONSERVATION AREA.— 
In addition to the requirement described in subparagraph 
(A), with respect to the areas designated on the Beaver 
Dam Wash National Conservation Area Map as ‘‘Des-
ignated Road Areas’’, motorized vehicles shall be permitted 
only on the roads identified on such map. 
(4) GRAZING.—The grazing of livestock in the National Con-
servation Area, where established before the date of enactment 
of this Act, shall be permitted to continue— 
(A) subject to— 
(i) such reasonable regulations, policies, and prac-
tices as the Secretary considers necessary; and 
(ii) applicable law (including regulations); and 
(B) in a manner consistent with the purpose described 
in subsection (a). 
(5) WILDLAND FIRE OPERATIONS.—Nothing in this section 
prohibits the Secretary, in cooperation with other Federal, 
State, and local agencies, as appropriate, from conducting 
wildland fire operations in the National Conservation Area, 
consistent with the purposes of this section. 
Deadline. 
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123 STAT. 1085 
PUBLIC LAW 111–11—MAR. 30, 2009 
(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 
land or interest in land that is located in the National Conservation 
Area that is acquired by the United States shall— 
(1) become part of the National Conservation Area; and 
(2) be managed in accordance with— 
(A) the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.); 
(B) this section; and 
(C) any other applicable law (including regulations). 
(g) WITHDRAWAL.— 
(1) IN GENERAL.—Subject to valid existing rights, all Fed-
eral land located in the National Conservation Area is with-
drawn from— 
(A) all forms of entry, appropriation, and disposal 
under the public land laws; 
(B) location, entry, and patenting under the mining 
laws; and 
(C) operation of the mineral leasing, mineral materials, 
and geothermal leasing laws. 
(2) ADDITIONAL LAND.—If the Secretary acquires additional 
land that is located in the National Conservation Area after 
the date of enactment of this Act, the land is withdrawn from 
operation of the laws referred to in paragraph (1) on the date 
of acquisition of the land. 
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNA-
TION. 
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended 
by adding at the end the following: 
‘‘(204) ZION
NATIONAL
PARK, UTAH.—The approximately 
165.5 miles of segments of the Virgin River and tributaries 
of the Virgin River across Federal land within and adjacent 
to Zion National Park, as generally depicted on the map entitled 
‘Wild and Scenic River Segments Zion National Park and 
Bureau of Land Management’ and dated April 2008, to be 
administered by the Secretary of the Interior in the following 
classifications: 
‘‘(A) TAYLOR CREEK.—The 4.5-mile segment from the 
junction of the north, middle, and south forks of Taylor 
Creek, west to the park boundary and adjacent land rim- 
to-rim, as a scenic river. 
‘‘(B) NORTH
FORK
OF
TAYLOR
CREEK.—The segment 
from the head of North Fork to the junction with Taylor 
Creek and adjacent land rim-to-rim, as a wild river. 
‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The segment 
from the head of Middle Fork on Bureau of Land Manage-
ment land to the junction with Taylor Creek and adjacent 
land rim-to-rim, as a wild river. 
‘‘(D) SOUTH
FORK
OF
TAYLOR
CREEK.—The segment 
from the head of South Fork to the junction with Taylor 
Creek and adjacent land rim-to-rim, as a wild river. 
‘‘(E) TIMBER
CREEK
AND
TRIBUTARIES.—The 3.1-mile 
segment from the head of Timber Creek and tributaries 
of Timber Creek to the junction with LaVerkin Creek and 
adjacent land rim-to-rim, as a wild river. 
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123 STAT. 1086 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment begin-
ning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land 
Management land, southwest through Zion National Park, 
and ending at the south end of T. 40 S., R. 12 W., sec. 
7, and adjacent land 1⁄2-mile wide, as a wild river. 
‘‘(G) WILLIS CREEK.—The 1.9-mile segment beginning 
on Bureau of Land Management land in the SWSW sec. 
27, T. 38 S., R. 11 W., to the junction with LaVerkin 
Creek in Zion National Park and adjacent land rim-to- 
rim, as a wild river. 
‘‘(H) BEARTRAP CANYON.—The 2.3-mile segment begin-
ning on Bureau of Management land in the SWNW sec. 
3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek 
and the segment from the headwaters north of Long Point 
to the junction with LaVerkin Creek and adjacent land 
rim-to-rim, as a wild river. 
‘‘(I) HOP VALLEY CREEK.—The 3.3-mile segment begin-
ning at the southern boundary of T. 39 S., R. 11 W., 
sec. 20, to the junction with LaVerkin Creek and adjacent 
land 1⁄2-mile wide, as a wild river. 
‘‘(J) CURRENT CREEK.—The 1.4-mile segment from the 
head of Current Creek to the junction with LaVerkin Creek 
and adjacent land rim-to-rim, as a wild river. 
‘‘(K) CANE
CREEK.—The 0.6-mile segment from the 
head of Smith Creek to the junction with LaVerkin Creek 
and adjacent land 1⁄2-mile wide, as a wild river. 
‘‘(L) SMITH
CREEK.—The 1.3-mile segment from the 
head of Smith Creek to the junction with LaVerkin Creek 
and adjacent land 1⁄2-mile wide, as a wild river. 
‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.—The seg-
ment of the Left Fork from the junction with Wildcat 
Canyon to the junction with Right Fork, from the head 
of Right Fork to the junction with Left Fork, and from 
the junction of the Left and Right Forks southwest to 
Zion National Park boundary and adjacent land rim-to- 
rim, as a wild river. 
‘‘(N) WILDCAT CANYON (BLUE CREEK).—The segment of 
Blue Creek from the Zion National Park boundary to the 
junction with the Right Fork of North Creek and adjacent 
land rim-to-rim, as a wild river. 
‘‘(O) LITTLE
CREEK.—The segment beginning at the 
head of Little Creek to the junction with the Left Fork 
of North Creek and adjacent land 1⁄2-mile wide, as a wild 
river. 
‘‘(P) RUSSELL GULCH.—The segment from the head of 
Russell Gulch to the junction with the Left Fork of North 
Creek and adjacent land rim-to-rim, as a wild river. 
‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment from the 
Lower Kolob Plateau to the junction with the Left Fork 
of North Creek and adjacent land rim-to-rim, as a scenic 
river. 
‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the 
junction with the left fork of North Creek and adjacent 
land 1⁄2-mile, as a scenic river. 
‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile segment from 
the head of Wolf Springs Wash to the junction with Pine 
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123 STAT. 1087 
PUBLIC LAW 111–11—MAR. 30, 2009 
Spring Wash and adjacent land 1⁄2-mile wide, as a scenic 
river. 
‘‘(T) KOLOB
CREEK.—The 5.9-mile segment of Kolob 
Creek beginning in T. 39 S., R. 10 W., sec. 30, through 
Bureau of Land Management land and Zion National Park 
land to the junction with the North Fork of the Virgin 
River and adjacent land rim-to-rim, as a wild river. 
‘‘(U) OAK CREEK.—The 1-mile stretch of Oak Creek 
beginning in T. 39 S., R. 10 W., sec. 19, to the junction 
with Kolob Creek and adjacent land rim-to-rim, as a wild 
river. 
‘‘(V) GOOSE CREEK.—The 4.6-mile segment of Goose 
Creek from the head of Goose Creek to the junction with 
the North Fork of the Virgin River and adjacent land 
rim-to-rim, as a wild river. 
‘‘(W) DEEP
CREEK.—The 5.3-mile segment of Deep 
Creek beginning on Bureau of Land Management land 
at the northern boundary of T. 39 S., R. 10 W., sec. 23, 
south to the junction of the North Fork of the Virgin 
River and adjacent land rim-to-rim, as a wild river. 
‘‘(X) NORTH
FORK
OF
THE
VIRGIN
RIVER.—The 10.8- 
mile segment of the North Fork of the Virgin River begin-
ning on Bureau of Land Management land at the eastern 
border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava 
and adjacent land rim-to-rim, as a wild river. 
‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.—The 8-mile 
segment of the North Fork of the Virgin River from Temple 
of Sinawava south to the Zion National Park boundary 
and adjacent land 1⁄2-mile wide, as a recreational river. 
‘‘(Z) IMLAY CANYON.—The segment from the head of 
Imlay Creek to the junction with the North Fork of the 
Virgin River and adjacent land rim-to-rim, as a wild river. 
‘‘(AA) ORDERVILLE
CANYON.—The segment from the 
eastern boundary of Zion National Park to the junction 
with the North Fork of the Virgin River and adjacent 
land rim-to-rim, as a wild river. 
‘‘(BB) MYSTERY CANYON.—The segment from the head 
of Mystery Canyon to the junction with the North Fork 
of the Virgin River and adjacent land rim-to-rim, as a 
wild river. 
‘‘(CC) ECHO CANYON.—The segment from the eastern 
boundary of Zion National Park to the junction with the 
North Fork of the Virgin River and adjacent land rim- 
to-rim, as a wild river. 
‘‘(DD) BEHUNIN CANYON.—The segment from the head 
of Behunin Canyon to the junction with the North Fork 
of the Virgin River and adjacent land rim-to-rim, as a 
wild river. 
‘‘(EE) HEAPS
CANYON.—The segment from the head 
of Heaps Canyon to the junction with the North Fork 
of the Virgin River and adjacent land rim-to-rim, as a 
wild river. 
‘‘(FF) BIRCH CREEK.—The segment from the head of 
Birch Creek to the junction with the North Fork of the 
Virgin River and adjacent land 1⁄2-mile wide, as a wild 
river. 
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123 STAT. 1088 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(GG) OAK CREEK.—The segment of Oak Creek from 
the head of Oak Creek to where the forks join and adjacent 
land 1⁄2-mile wide, as a wild river. 
‘‘(HH) OAK CREEK.—The 1-mile segment of Oak Creek 
from the point at which the 2 forks of Oak Creek join 
to the junction with the North Fork of the Virgin River 
and adjacent land 1⁄2-mile wide, as a recreational river. 
‘‘(II) CLEAR
CREEK.—The 6.4-mile segment of Clear 
Creek from the eastern boundary of Zion National Park 
to the junction with Pine Creek and adjacent land rim- 
to-rim, as a recreational river. 
‘‘(JJ) PINE CREEK .—The 2-mile segment of Pine Creek 
from the head of Pine Creek to the junction with Clear 
Creek and adjacent land rim-to-rim, as a wild river. 
‘‘(KK) PINE CREEK.—The 3-mile segment of Pine Creek 
from the junction with Clear Creek to the junction with 
the North Fork of the Virgin River and adjacent land 
rim-to-rim, as a recreational river. 
‘‘(LL) EAST FORK OF THE VIRGIN RIVER.—The 8-mile 
segment of the East Fork of the Virgin River from the 
eastern 
boundary 
of 
Zion 
National 
Park 
through 
Parunuweap Canyon to the western boundary of Zion 
National Park and adjacent land 1⁄2-mile wide, as a wild 
river. 
‘‘(MM) SHUNES CREEK.—The 3-mile segment of Shunes 
Creek from the dry waterfall on land administered by 
the Bureau of Land Management through Zion National 
Park to the western boundary of Zion National Park and 
adjacent land 1⁄2-mile wide as a wild river.’’. 
(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the 
United States acquires any non-Federal land within or adjacent 
to Zion National Park that includes a river segment that is contig-
uous to a river segment of the Virgin River designated as a wild, 
scenic, or recreational river by paragraph (204) of section 3(a) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added 
by subsection (a)), the acquired river segment shall be incorporated 
in, and be administered as part of, the applicable wild, scenic, 
or recreational river. 
(c) SAVINGS CLAUSE.—The amendment made by subsection (a) 
does not affect the agreement among the United States, the State, 
the Washington County Water Conservancy District, and the Kane 
County Water Conservancy District entitled ‘‘Zion National Park 
Water Rights Settlement Agreement’’ and dated December 4, 1996. 
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND 
TRANSPORTATION MANAGEMENT PLAN. 
(a) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means— 
(A) with respect to land managed by the Bureau of 
Land Management, the Secretary; and 
(B) with respect to land managed by the Forest Service, 
the Secretary of Agriculture. 
(3) TRAIL.—The term ‘‘trail’’ means the High Desert Off- 
Highway Vehicle Trail designated under subsection (c)(1)(A). 
16 USC 1274 
note. 
16 USC 1274 
note. 
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123 STAT. 1089 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) TRAVEL MANAGEMENT PLAN.—The term ‘‘travel manage-
ment plan’’ means the comprehensive travel and transportation 
management plan developed under subsection (b)(1). 
(b) COMPREHENSIVE TRAVEL
AND TRANSPORTATION MANAGE-
MENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, in accordance with the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
and other applicable laws (including regulations), the Secretary, 
in consultation with appropriate Federal agencies and State, 
tribal, and local governmental entities, and after an opportunity 
for public comment, shall develop a comprehensive travel 
management plan for the land managed by the Bureau of 
Land Management in the County— 
(A) to provide to the public a clearly marked network 
of roads and trails with signs and maps to promote— 
(i) public safety and awareness; and 
(ii) enhanced recreation and general access 
opportunities; 
(B) to help reduce in the County growing conflicts 
arising from interactions between— 
(i) motorized recreation; and 
(ii) the important resource values of public land; 
(C) to promote citizen-based opportunities for— 
(i) the monitoring and stewardship of the trail; 
and 
(ii) trail system management; and 
(D) to support law enforcement officials in promoting— 
(i) compliance with off-highway vehicle laws 
(including regulations); and 
(ii) effective deterrents of abuses of public land. 
(2) SCOPE; CONTENTS.—In developing the travel manage-
ment plan, the Secretary shall— 
(A) in consultation with appropriate Federal agencies, 
State, tribal, and local governmental entities (including 
the County and St. George City, Utah), and the public, 
identify 1 or more alternatives for a northern transpor-
tation route in the County; 
(B) ensure that the travel management plan contains 
a map that depicts the trail; and 
(C) designate a system of areas, roads, and trails for 
mechanical and motorized use. 
(c) DESIGNATION OF TRAIL.— 
(1) DESIGNATION.— 
(A) IN
GENERAL.—As a component of the travel 
management plan, and in accordance with subparagraph 
(B), the Secretary, in coordination with the Secretary of 
Agriculture, and after an opportunity for public comment, 
shall designate a trail (which may include a system of 
trails)— 
(i) for use by off-highway vehicles; and 
(ii) to be known as the ‘‘High Desert Off-Highway 
Vehicle Trail’’. 
(B) REQUIREMENTS.—In designating the trail, the Sec-
retary shall only include trails that are— 
(i) as of the date of enactment of this Act, author-
ized for use by off-highway vehicles; and 
Deadline. 
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123 STAT. 1090 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) located on land that is managed by the Bureau 
of Land Management in the County. 
(C) NATIONAL FOREST LAND.—The Secretary of Agri-
culture, in coordination with the Secretary and in accord-
ance with applicable law, may designate a portion of the 
trail on National Forest System land within the County. 
(D) MAP.—A map that depicts the trail shall be on 
file and available for public inspection in the appropriate 
offices of— 
(i) the Bureau of Land Management; and 
(ii) the Forest Service. 
(2) MANAGEMENT.— 
(A) IN GENERAL.—The Secretary concerned shall man-
age the trail— 
(i) in accordance with applicable laws (including 
regulations); 
(ii) to ensure the safety of citizens who use the 
trail; and 
(iii) in a manner by which to minimize any damage 
to sensitive habitat or cultural resources. 
(B) 
MONITORING; 
EVALUATION.—To 
minimize 
the 
impacts of the use of the trail on environmental and cul-
tural resources, the Secretary concerned shall— 
(i) annually assess the effects of the use of off- 
highway vehicles on— 
(I) the trail; and 
(II) land located in proximity to the trail; and 
(ii) in consultation with the Utah Department of 
Natural Resources, annually assess the effects of the 
use of the trail on wildlife and wildlife habitat. 
(C) CLOSURE.—The Secretary concerned, in consulta-
tion with the State and the County, and subject to subpara-
graph (D), may temporarily close or permanently reroute 
a portion of the trail if the Secretary concerned determines 
that— 
(i) the trail is having an adverse impact on— 
(I) wildlife habitats; 
(II) natural resources; 
(III) cultural resources; or 
(IV) traditional uses; 
(ii) the trail threatens public safety; or 
(iii) closure of the trail is necessary— 
(I) to repair damage to the trail; or 
(II) to repair resource damage. 
(D) REROUTING.—Any portion of the trail that is tempo-
rarily closed by the Secretary concerned under subpara-
graph (C) may be permanently rerouted along any road 
or trail— 
(i) that is— 
(I) in existence as of the date of the closure 
of the portion of the trail; 
(II) located on public land; and 
(III) open to motorized use; and 
(ii) if the Secretary concerned determines that 
rerouting the portion of the trail would not significantly 
increase or decrease the length of the trail. 
Deadlines. 
Assessments. 
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123 STAT. 1091 
PUBLIC LAW 111–11—MAR. 30, 2009 
(E) NOTICE OF AVAILABLE ROUTES.—The Secretary, in 
coordination with the Secretary of Agriculture, shall ensure 
that visitors to the trail have access to adequate notice 
relating to the availability of trail routes through— 
(i) the placement of appropriate signage along the 
trail; and 
(ii) the distribution of maps, safety education mate-
rials, and other information that the Secretary con-
cerned determines to be appropriate. 
(3) EFFECT.—Nothing in this section affects the ownership, 
management, or other rights relating to any non-Federal land 
(including any interest in any non-Federal land). 
SEC. 1978. LAND DISPOSAL AND ACQUISITION. 
(a) IN GENERAL.—Consistent with applicable law, the Secretary 
of the Interior may sell public land located within Washington 
County, Utah, that, as of July 25, 2000, has been identified for 
disposal in appropriate resource management plans. 
(b) USE OF PROCEEDS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law (other than a law that specifically provides for a portion 
of the proceeds of a land sale to be distributed to any trust 
fund of the State), proceeds from the sale of public land under 
subsection (a) shall be deposited in a separate account in the 
Treasury to be known as the ‘‘Washington County, Utah Land 
Acquisition Account’’. 
(2) AVAILABILITY.— 
(A) IN
GENERAL.—Amounts in the account shall be 
available to the Secretary, without further appropriation, 
to purchase from willing sellers lands or interests in land 
within the wilderness areas and National Conservation 
Areas established by this subtitle. 
(B) APPLICABILITY.—Any purchase of land or interest 
in land under subparagraph (A) shall be in accordance 
with applicable law. 
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 
(a) IN GENERAL.—In accordance with applicable Federal laws 
(including regulations), the Secretary of the Interior shall— 
(1) identify areas located in the County where biological 
conservation is a priority; and 
(2) undertake activities to conserve and restore plant and 
animal species and natural communities within such areas. 
(b) GRANTS; COOPERATIVE AGREEMENTS.—In carrying out sub-
section (a), the Secretary of the Interior may make grants to, 
or enter into cooperative agreements with, State, tribal, and local 
governmental entities and private entities to conduct research, 
develop scientific analyses, and carry out any other initiative 
relating to the restoration or conservation of the areas. 
SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 
(a) IN
GENERAL.—Notwithstanding the land use planning 
requirements of sections 202 and 203 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712, 1713), upon the 
request of the appropriate local governmental entity, as described 
below, the Secretary shall convey the following parcels of public 
land without consideration, subject to the provisions of this section: 
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123 STAT. 1092 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) TEMPLE QUARRY.—The approximately 122-acre parcel 
known as ‘‘Temple Quarry’’ as generally depicted on the Wash-
ington County Growth and Conservation Act Map as ‘‘Parcel 
B’’, to the City of St. George, Utah, for open space and public 
recreation purposes. 
(2) HURRICANE CITY SPORTS PARK.—The approximately 41- 
acre parcel as generally depicted on the Washington County 
Growth and Conservation Act Map as ‘‘Parcel C’’, to the City 
of Hurricane, Utah, for public recreation purposes and public 
administrative offices. 
(3) WASHINGTON COUNTY SCHOOL DISTRICT.—The approxi-
mately 70-acre parcel as generally depicted on the Washington 
County Growth and Conservation Act Map as ‘‘Parcel D’’, to 
the Washington County Public School District for use for public 
school and related educational and administrative purposes. 
(4) WASHINGTON COUNTY JAIL.—The approximately 80-acre 
parcel as generally depicted on the Washington County Growth 
and Conservation Act Map as ‘‘Parcel E’’, to Washington 
County, Utah, for expansion of the Purgatory Correctional 
Facility. 
(5) HURRICANE EQUESTRIAN PARK.—The approximately 40- 
acre parcel as generally depicted on the Washington County 
Growth and Conservation Act Map as ‘‘Parcel F’’, to the City 
of Hurricane, Utah, for use as a public equestrian park. 
(b) MAP
AND LEGAL DESCRIPTIONS.—As soon as practicable 
after the date of enactment of this Act, the Secretary shall finalize 
legal descriptions of the parcels to be conveyed under this section. 
The Secretary may correct any minor errors in the map referenced 
in subsection (a) or in the applicable legal descriptions. The map 
and legal descriptions shall be on file and available for public 
inspection in the appropriate offices of the Bureau of Land Manage-
ment. 
(c) REVERSION.— 
(1) IN GENERAL.—If any parcel conveyed under this section 
ceases to be used for the public purpose for which the parcel 
was conveyed, as described in subsection (a), the land shall, 
at the discretion of the Secretary based on his determination 
of the best interests of the United States, revert to the United 
States. 
(2) RESPONSIBILITY OF LOCAL GOVERNMENTAL ENTITY.—If 
the Secretary determines pursuant to paragraph (1) that the 
land should revert to the United States, and if the Secretary 
determines that the land is contaminated with hazardous 
waste, the local governmental entity to which the land was 
conveyed shall be responsible for remediation of the contamina-
tion. 
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND. 
(a) DEFINITIONS.—In this section: 
(1) COVERED FEDERAL LAND.—The term ‘‘covered Federal 
land’’ means the approximately 66.07 acres of land in the 
Dixie National Forest in the State, as depicted on the map. 
(2) LANDOWNER.—The term ‘‘landowner’’ means Kirk R. 
Harrison, who owns land in Pinto Valley, Utah. 
(3) MAP.—The term ‘‘map’’ means the map entitled 
‘‘Conveyance of Dixie National Forest Land’’ and dated 
December 18, 2008. 
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123 STAT. 1093 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(b) CONVEYANCE.— 
(1) IN GENERAL.—The Secretary may convey to the land-
owner all right, title, and interest of the United States in 
and to any of the covered Federal land (including any improve-
ments or appurtenances to the covered Federal land) by sale 
or exchange. 
(2) LEGAL
DESCRIPTION.—The exact acreage and legal 
description of the covered Federal land to be conveyed under 
paragraph (1) shall be determined by surveys satisfactory to 
the Secretary. 
(3) CONSIDERATION.— 
(A) IN GENERAL.—As consideration for any conveyance 
by sale under paragraph (1), the landowner shall pay to 
the Secretary an amount equal to the fair market value 
of any Federal land conveyed, as determined under 
subparagraph (B). 
(B) APPRAISAL.—The fair market value of any Federal 
land that is conveyed under paragraph (1) shall be deter-
mined by an appraisal acceptable to the Secretary that 
is performed in accordance with— 
(i) the Uniform Appraisal Standards for Federal 
Land Acquisitions; 
(ii) 
the 
Uniform 
Standards 
of 
Professional 
Appraisal Practice; and 
(iii) any other applicable law (including regula-
tions). 
(4) DISPOSITION AND USE OF PROCEEDS.— 
(A) DISPOSITION
OF
PROCEEDS.—The Secretary shall 
deposit the proceeds of any sale of land under paragraph 
(1) in the fund established under Public Law 90–171 (com-
monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 
(B) USE
OF
PROCEEDS.—Amounts deposited under 
subparagraph (A) shall be available to the Secretary, with-
out further appropriation and until expended, for the 
acquisition of real property or interests in real property 
for inclusion in the Dixie National Forest in the State. 
(5) ADDITIONAL
TERMS
AND
CONDITIONS.—The Secretary 
may require any additional terms and conditions for any 
conveyance under paragraph (1) that the Secretary determines 
to be appropriate to protect the interests of the United States. 
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF 
PAIUTE INDIANS. 
(a) DEFINITIONS.—In this section: 
(1) PARCEL A.—The term ‘‘Parcel A’’ means the parcel that 
consists of approximately 640 acres of land that is— 
(A) managed by the Bureau of Land Management; 
(B) located in Washington County, Utah; and 
(C) depicted on the map entitled ‘‘Washington County 
Growth and Conservation Act Map’’. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) TRIBE.—The term ‘‘Tribe’’ means the Shivwits Band 
of Paiute Indians of the State of Utah. 
(b) PARCEL TO BE HELD IN TRUST.— 
25 USC 766 note. 
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123 STAT. 1094 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—At the request of the Tribe, the Secretary 
shall take into trust for the benefit of the Tribe all right, 
title, and interest of the United States in and to Parcel A. 
(2) SURVEY; LEGAL DESCRIPTION.— 
(A) SURVEY.—Not later than 180 days after the date 
of enactment of this Act, the Secretary, acting through 
the Director of the Bureau of Land Management, shall 
complete a survey of Parcel A to establish the boundary 
of Parcel A. 
(B) LEGAL DESCRIPTION OF PARCEL A.— 
(i) IN
GENERAL.—Upon the completion of the 
survey under subparagraph (A), the Secretary shall 
publish in the Federal Register a legal description 
of— 
(I) the boundary line of Parcel A; and 
(II) Parcel A. 
(ii) TECHNICAL CORRECTIONS.—Before the date of 
publication of the legal descriptions under clause (i), 
the Secretary may make minor corrections to correct 
technical and clerical errors in the legal descriptions. 
(iii) EFFECT.—Effective beginning on the date of 
publication of the legal descriptions under clause (i), 
the legal descriptions shall be considered to be the 
official legal descriptions of Parcel A. 
(3) EFFECT.—Nothing in this section— 
(A) affects any valid right in existence on the date 
of enactment of this Act; 
(B) enlarges, impairs, or otherwise affects any right 
or claim of the Tribe to any land or interest in land other 
than to Parcel A that is— 
(i) based on an aboriginal or Indian title; and 
(ii) in existence as of the date of enactment of 
this Act; or 
(C) constitutes an express or implied reservation of 
water or a water right with respect to Parcel A. 
(4) LAND TO BE MADE A PART OF THE RESERVATION.—Land 
taken into trust pursuant to this section shall be considered 
to be part of the reservation of the Tribe. 
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
TITLE II—BUREAU OF LAND 
MANAGEMENT AUTHORIZATIONS 
Subtitle A—National Landscape 
Conservation System 
SEC. 2001. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) SYSTEM.—The term ‘‘system’’ means the National Land-
scape Conservation System established by section 2002(a). 
16 USC 7201. 
Effective date. 
Federal Register, 
publication. 
Deadline. 
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123 STAT. 1095 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CON-
SERVATION SYSTEM. 
(a) ESTABLISHMENT.—In order to conserve, protect, and restore 
nationally significant landscapes that have outstanding cultural, 
ecological, and scientific values for the benefit of current and future 
generations, there is established in the Bureau of Land Manage-
ment the National Landscape Conservation System. 
(b) COMPONENTS.—The system shall include each of the fol-
lowing areas administered by the Bureau of Land Management: 
(1) Each area that is designated as— 
(A) a national monument; 
(B) a national conservation area; 
(C) a wilderness study area; 
(D) a national scenic trail or national historic trail 
designated as a component of the National Trails System; 
(E) a component of the National Wild and Scenic Rivers 
System; or 
(F) a component of the National Wilderness Preserva-
tion System. 
(2) Any area designated by Congress to be administered 
for conservation purposes, including— 
(A) the Steens Mountain Cooperative Management and 
Protection Area; 
(B) the Headwaters Forest Reserve; 
(C) the Yaquina Head Outstanding Natural Area; 
(D) public land within the California Desert Conserva-
tion Area administered by the Bureau of Land Management 
for conservation purposes; and 
(E) any additional area designated by Congress for 
inclusion in the system. 
(c) MANAGEMENT.—The Secretary shall manage the system— 
(1) in accordance with any applicable law (including regula-
tions) relating to any component of the system included under 
subsection (b); and 
(2) in a manner that protects the values for which the 
components of the system were designated. 
(d) EFFECT.— 
(1) IN GENERAL.—Nothing in this subtitle enhances, dimin-
ishes, or modifies any law or proclamation (including regula-
tions relating to the law or proclamation) under which the 
components of the system described in subsection (b) were 
established or are managed, including— 
(A) the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3101 et seq.); 
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); 
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 
et seq.); 
(D) the National Trails System Act (16 U.S.C. 1241 
et seq.); and 
(E) the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.). 
(2) FISH AND WILDLIFE.—Nothing in this subtitle shall be 
construed as affecting the authority, jurisdiction, or responsi-
bility of the several States to manage, control, or regulate 
fish and resident wildlife under State law or regulations, 
including the regulation of hunting, fishing, trapping and rec-
reational shooting on public land managed by the Bureau of 
16 USC 7202. 
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123 STAT. 1096 
PUBLIC LAW 111–11—MAR. 30, 2009 
Land Management. Nothing in this subtitle shall be construed 
as limiting access for hunting, fishing, trapping, or recreational 
shooting. 
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Subtitle B—Prehistoric Trackways 
National Monument 
SEC. 2101. FINDINGS. 
Congress finds that— 
(1) in 1987, a major deposit of Paleozoic Era fossilized 
footprint megatrackways was discovered in the Robledo Moun-
tains in southern New Mexico; 
(2) the trackways contain footprints of numerous amphib-
ians, reptiles, and insects (including previously unknown spe-
cies), plants, and petrified wood dating back approximately 
280,000,000 years, which collectively provide new opportunities 
to understand animal behaviors and environments from a time 
predating the dinosaurs; 
(3) title III of Public Law 101–578 (104 Stat. 2860)— 
(A) provided interim protection for the site at which 
the trackways were discovered; and 
(B) directed the Secretary of the Interior to— 
(i) prepare a study assessing the significance of 
the site; and 
(ii) based on the study, provide recommendations 
for protection of the paleontological resources at the 
site; 
(4) the Bureau of Land Management completed the Paleo-
zoic Trackways Scientific Study Report in 1994, which 
characterized the site as containing ‘‘the most scientifically 
significant Early Permian tracksites’’ in the world; 
(5) despite the conclusion of the study and the recommenda-
tions for protection, the site remains unprotected and many 
irreplaceable trackways specimens have been lost to vandalism 
or theft; and 
(6) designation of the trackways site as a National Monu-
ment would protect the unique fossil resources for present 
and future generations while allowing for public education and 
continued scientific research opportunities. 
SEC. 2102. DEFINITIONS. 
In this subtitle: 
(1) MONUMENT.—The term ‘‘Monument’’ means the Pre-
historic Trackways National Monument established by section 
2103(a). 
(2) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 
given the term ‘‘public lands’’ in section 103 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1702). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
New Mexico. 
16 USC 431 note. 
16 USC 7203. 
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123 STAT. 1097 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 2103. ESTABLISHMENT. 
(a) IN GENERAL.—In order to conserve, protect, and enhance 
the unique and nationally important paleontological, scientific, edu-
cational, scenic, and recreational resources and values of the public 
land described in subsection (b), there is established the Prehistoric 
Trackways National Monument in the State of New Mexico. 
(b) DESCRIPTION
OF LAND.—The Monument shall consist of 
approximately 5,280 acres of public land in Don
˜a Ana County, 
New Mexico, as generally depicted on the map entitled ‘‘Prehistoric 
Trackways National Monument’’ and dated December 17, 2008. 
(c) MAP; LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall prepare and submit 
to Congress an official map and legal description of the Monu-
ment. 
(2) CORRECTIONS.—The map and legal description sub-
mitted under paragraph (1) shall have the same force and 
effect as if included in this subtitle, except that the Secretary 
may correct any clerical or typographical errors in the legal 
description and the map. 
(3) CONFLICT BETWEEN MAP AND LEGAL DESCRIPTION.—In 
the case of a conflict between the map and the legal description, 
the map shall control. 
(4) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—Copies 
of the map and legal description shall be on file and available 
for public inspection in the appropriate offices of the Bureau 
of Land Management. 
(d) MINOR BOUNDARY ADJUSTMENTS.—If additional paleontolog-
ical resources are discovered on public land adjacent to the Monu-
ment after the date of enactment of this Act, the Secretary may 
make minor boundary adjustments to the Monument to include 
the resources in the Monument. 
SEC. 2104. ADMINISTRATION. 
(a) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the Monu-
ment— 
(A) in a manner that conserves, protects, and enhances 
the resources and values of the Monument, including the 
resources and values described in section 2103(a); and 
(B) in accordance with— 
(i) this subtitle; 
(ii) the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); and 
(iii) other applicable laws. 
(2) NATIONAL
LANDSCAPE
CONSERVATION
SYSTEM.—The 
Monument shall be managed as a component of the National 
Landscape Conservation System. 
(b) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall develop a com-
prehensive management plan for the long-term protection and 
management of the Monument. 
(2) COMPONENTS.—The management plan under paragraph 
(1)— 
(A) shall— 
Deadline. 
New Mexico. 
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123 STAT. 1098 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) describe the appropriate uses and management 
of the Monument, consistent with the provisions of 
this subtitle; and 
(ii) allow for continued scientific research at the 
Monument during the development of the management 
plan; and 
(B) may— 
(i) incorporate any appropriate decisions contained 
in any current management or activity plan for the 
land described in section 2103(b); and 
(ii) use information developed in studies of any 
land within or adjacent to the Monument that were 
conducted before the date of enactment of this Act. 
(c) AUTHORIZED USES.—The Secretary shall only allow uses 
of the Monument that the Secretary determines would further 
the purposes for which the Monument has been established. 
(d) INTERPRETATION, EDUCATION, AND SCIENTIFIC RESEARCH.— 
(1) IN GENERAL.—The Secretary shall provide for public 
interpretation of, and education and scientific research on, the 
paleontological resources of the Monument, with priority given 
to exhibiting and curating the resources in Don
˜a Ana County, 
New Mexico. 
(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 
into cooperative agreements with appropriate public entities 
to carry out paragraph (1). 
(e) SPECIAL MANAGEMENT AREAS.— 
(1) IN GENERAL.—The establishment of the Monument shall 
not change the management status of any area within the 
boundary of the Monument that is— 
(A) designated as a wilderness study area and managed 
in accordance with section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782(c)); or 
(B) managed as an area of critical environment con-
cern. 
(2) CONFLICT OF LAWS.—If there is a conflict between the 
laws applicable to the areas described in paragraph (1) and 
this subtitle, the more restrictive provision shall control. 
(f) MOTORIZED VEHICLES.— 
(1) IN GENERAL.—Except as needed for administrative pur-
poses or to respond to an emergency, the use of motorized 
vehicles in the Monument shall be allowed only on roads and 
trails designated for use by motorized vehicles under the 
management plan prepared under subsection (b). 
(2) PERMITTED EVENTS.—The Secretary may issue permits 
for special recreation events involving motorized vehicles within 
the boundaries of the Monument— 
(A) to the extent the events do not harm paleontological 
resources; and 
(B) subject to any terms and conditions that the Sec-
retary determines to be necessary. 
(g) WITHDRAWALS.—Subject to valid existing rights, any Federal 
land within the Monument and any land or interest in land that 
is acquired by the United States for inclusion in the Monument 
after the date of enactment of this Act are withdrawn from— 
(1) entry, appropriation, or disposal under the public land 
laws; 
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123 STAT. 1099 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) location, entry, and patent under the mining laws; 
and 
(3) operation of the mineral leasing laws, geothermal 
leasing laws, and minerals materials laws. 
(h) GRAZING.—The Secretary may allow grazing to continue 
in any area of the Monument in which grazing is allowed before 
the date of enactment of this Act, subject to applicable laws 
(including regulations). 
(i) WATER RIGHTS.—Nothing in this subtitle constitutes an 
express or implied reservation by the United States of any water 
or water rights with respect to the Monument. 
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Subtitle C—Fort Stanton-Snowy River 
Cave National Conservation Area 
SEC. 2201. DEFINITIONS. 
In this subtitle: 
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ 
means the Fort Stanton-Snowy River Cave National Conserva-
tion Area established by section 2202(a). 
(2) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan developed for the Conservation 
Area under section 2203(c). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director of the Bureau 
of Land Management. 
SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER 
CAVE NATIONAL CONSERVATION AREA. 
(a) ESTABLISHMENT; PURPOSES.—There is established the Fort 
Stanton-Snowy River Cave National Conservation Area in Lincoln 
County, New Mexico, to protect, conserve, and enhance the unique 
and nationally important historic, cultural, scientific, archaeological, 
natural, and educational subterranean cave resources of the Fort 
Stanton-Snowy River cave system. 
(b) AREA INCLUDED.—The Conservation Area shall include the 
area within the boundaries depicted on the map entitled ‘‘Fort 
Stanton-Snowy River Cave National Conservation Area’’ and dated 
December 15, 2008. 
(c) MAP AND LEGAL DESCRIPTION.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall submit to Congress 
a map and legal description of the Conservation Area. 
(2) EFFECT.—The map and legal description of the Con-
servation Area shall have the same force and effect as if 
included in this subtitle, except that the Secretary may correct 
any minor errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal description 
of the Conservation Area shall be available for public inspection 
in the appropriate offices of the Bureau of Land Management. 
16 USC 
460yyy–1. 
16 USC 460yyy. 
New Mexico. 
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123 STAT. 1100 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. 
(a) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the Con-
servation Area— 
(A) in a manner that conserves, protects, and enhances 
the resources and values of the Conservation Area, 
including the resources and values described in section 
2202(a); and 
(B) in accordance with— 
(i) this subtitle; 
(ii) the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); and 
(iii) any other applicable laws. 
(2) USES.—The Secretary shall only allow uses of the Con-
servation Area that are consistent with the protection of the 
cave resources. 
(3) REQUIREMENTS.—In administering the Conservation 
Area, the Secretary shall provide for— 
(A) the conservation and protection of the natural and 
unique features and environs for scientific, educational, 
and other appropriate public uses of the Conservation Area; 
(B) public access, as appropriate, while providing for 
the protection of the cave resources and for public safety; 
(C) the continuation of other existing uses or other 
new uses of the Conservation Area that do not impair 
the purposes for which the Conservation Area is estab-
lished; 
(D) management of the surface area of the Conserva-
tion Area in accordance with the Fort Stanton Area of 
Critical Environmental Concern Final Activity Plan dated 
March, 2001, or any amendments to the plan, consistent 
with this subtitle; and 
(E) scientific investigation and research opportunities 
within the Conservation Area, including through partner-
ships with colleges, universities, schools, scientific institu-
tions, researchers, and scientists to conduct research and 
provide educational and interpretive services within the 
Conservation Area. 
(b) WITHDRAWALS.—Subject to valid existing rights, all Federal 
surface and subsurface land within the Conservation Area and 
all land and interests in the land that are acquired by the United 
States after the date of enactment of this Act for inclusion in 
the Conservation Area, are withdrawn from— 
(1) all forms of entry, appropriation, or disposal under 
the general land laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) operation under the mineral leasing and geothermal 
leasing laws. 
(c) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall develop a com-
prehensive plan for the long-term management of the Conserva-
tion Area. 
(2) PURPOSES.—The management plan shall— 
(A) describe the appropriate uses and management 
of the Conservation Area; 
Deadline. 
16 USC 
460yyy–2. 
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123 STAT. 1101 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) incorporate, as appropriate, decisions contained in 
any other management or activity plan for the land within 
or adjacent to the Conservation Area; 
(C) take into consideration any information developed 
in studies of the land and resources within or adjacent 
to the Conservation Area; and 
(D) provide for a cooperative agreement with Lincoln 
County, New Mexico, to address the historical involvement 
of the local community in the interpretation and protection 
of the resources of the Conservation Area. 
(d) RESEARCH AND INTERPRETIVE FACILITIES.— 
(1) IN
GENERAL.—The Secretary may establish facilities 
for— 
(A) the conduct of scientific research; and 
(B) the interpretation of the historical, cultural, sci-
entific, archaeological, natural, and educational resources 
of the Conservation Area. 
(2) COOPERATIVE AGREEMENTS.—The Secretary may, in a 
manner consistent with this subtitle, enter into cooperative 
agreements with the State of New Mexico and other institutions 
and organizations to carry out the purposes of this subtitle. 
(e) WATER RIGHTS.—Nothing in this subtitle constitutes an 
express or implied reservation of any water right. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Subtitle D—Snake River Birds of Prey 
National Conservation Area 
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION 
AREA. 
(a) RENAMING.—Public Law 103–64 is amended— 
(1) in section 2(2) (16 U.S.C. 460iii–1(2)), by inserting 
‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National 
Conservation Area’’; and 
(2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting 
‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National 
Conservation Area’’. 
(b) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the Snake 
River Birds of Prey National Conservation Area shall be deemed 
to be a reference to the Morley Nelson Snake River Birds of Prey 
National Conservation Area. 
(c) TECHNICAL CORRECTIONS.—Public Law 103–64 is further 
amended— 
(1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking 
‘‘(hereafter referred to as the ‘conservation area’)’’; and 
(2) in section 4 (16 U.S.C. 460iii–3)— 
(A) in subsection (a)(2), by striking ‘‘Conservation Area’’ 
and inserting ‘‘conservation area’’; and 
(B) in subsection (d), by striking ‘‘Visitors Center’’ and 
inserting ‘‘visitors center’’. 
16 USC 460iii 
note. 
16 USC 
460yyy–3. 
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123 STAT. 1102 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle E—Dominguez-Escalante National 
Conservation Area 
SEC. 2401. DEFINITIONS. 
In this subtitle: 
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ 
means the Dominguez-Escalante National Conservation Area 
established by section 2402(a)(1). 
(2) COUNCIL.—The term ‘‘Council’’ means the Dominguez- 
Escalante National Conservation Area Advisory Council estab-
lished under section 2407. 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan developed under section 2406. 
(4) MAP.—The term ‘‘Map’’ means the map entitled 
‘‘Dominguez-Escalante National Conservation Area’’ and dated 
September 15, 2008. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State of Colorado. 
(7) WILDERNESS.—The term ‘‘Wilderness’’ means the 
Dominguez Canyon Wilderness Area designated by section 
2403(a). 
SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—There is established the Dominguez- 
Escalante National Conservation Area in the State. 
(2) AREA INCLUDED.—The Conservation Area shall consist 
of approximately 209,610 acres of public land, as generally 
depicted on the Map. 
(b) PURPOSES.—The purposes of the Conservation Area are 
to conserve and protect for the benefit and enjoyment of present 
and future generations— 
(1) the unique and important resources and values of the 
land, including the geological, cultural, archaeological, paleon-
tological, natural, scientific, recreational, wilderness, wildlife, 
riparian, historical, educational, and scenic resources of the 
public land; and 
(2) the water resources of area streams, based on seasonally 
available flows, that are necessary to support aquatic, riparian, 
and terrestrial species and communities. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the Con-
servation Area— 
(A) as a component of the National Landscape Con-
servation System; 
(B) in a manner that conserves, protects, and enhances 
the resources and values of the Conservation Area 
described in subsection (b); and 
(C) in accordance with— 
(i) the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); 
(ii) this subtitle; and 
(iii) any other applicable laws. 
(2) USES.— 
16 USC 
460zzz–1. 
16 USC 460zzz. 
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123 STAT. 1103 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) IN GENERAL.—The Secretary shall allow only such 
uses of the Conservation Area as the Secretary determines 
would further the purposes for which the Conservation 
Area is established. 
(B) USE OF MOTORIZED VEHICLES.— 
(i) IN
GENERAL.—Except as provided in clauses 
(ii) and (iii), use of motorized vehicles in the Conserva-
tion Area shall be allowed— 
(I) before the effective date of the management 
plan, only on roads and trails designated for use 
of motor vehicles in the management plan that 
applies on the date of the enactment of this Act 
to the public land in the Conservation Area; and 
(II) after the effective date of the management 
plan, only on roads and trails designated in the 
management plan for the use of motor vehicles. 
(ii) ADMINISTRATIVE
AND
EMERGENCY
RESPONSE 
USE.—Clause (i) shall not limit the use of motor 
vehicles in the Conservation Area for administrative 
purposes or to respond to an emergency. 
(iii) LIMITATION.—This subparagraph shall not 
apply to the Wilderness. 
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA. 
(a) IN GENERAL.—In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.), the approximately 66,280 acres of public land 
in Mesa, Montrose, and Delta Counties, Colorado, as generally 
depicted on the Map, is designated as wilderness and as a compo-
nent of the National Wilderness Preservation System, to be known 
as the ‘‘Dominguez Canyon Wilderness Area’’. 
(b) ADMINISTRATION OF WILDERNESS.—The Wilderness shall be 
managed by the Secretary in accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.) and this subtitle, except that— 
(1) any reference in the Wilderness Act to the effective 
date of that Act shall be considered to be a reference to the 
date of enactment of this Act; and 
(2) any reference in the Wilderness Act to the Secretary 
of Agriculture shall be considered to be a reference to the 
Secretary of the Interior. 
SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall file a map and a legal descrip-
tion of the Conservation Area and the Wilderness with— 
(1) the Committee on Energy and Natural Resources of 
the Senate; and 
(2) the Committee on Natural Resources of the House of 
Representatives. 
(b) FORCE AND EFFECT.—The Map and legal descriptions filed 
under subsection (a) shall have the same force and effect as if 
included in this subtitle, except that the Secretary may correct 
clerical and typographical errors in the Map and legal descriptions. 
(c) PUBLIC AVAILABILITY.—The Map and legal descriptions filed 
under subsection (a) shall be available for public inspection in 
the appropriate offices of the Bureau of Land Management. 
16 USC 
460zzz–3. 
16 USC 
460zzz–2. 
16 USC 1132 
note. 
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123 STAT. 1104 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS. 
(a) WITHDRAWAL.—Subject to valid existing rights, all Federal 
land within the Conservation Area and the Wilderness and all 
land and interests in land acquired by the United States within 
the Conservation Area or the Wilderness is withdrawn from— 
(1) all forms of entry, appropriation, or disposal under 
the public land laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) operation of the mineral leasing, mineral materials, 
and geothermal leasing laws. 
(b) GRAZING.— 
(1) GRAZING IN CONSERVATION AREA.—Except as provided 
in paragraph (2), the Secretary shall issue and administer 
any grazing leases or permits in the Conservation Area in 
accordance with the laws (including regulations) applicable to 
the issuance and administration of such leases and permits 
on other land under the jurisdiction of the Bureau of Land 
Management. 
(2) GRAZING IN WILDERNESS.—The grazing of livestock in 
the Wilderness, if established as of the date of enactment 
of this Act, shall be permitted to continue— 
(A) subject to any reasonable regulations, policies, and 
practices that the Secretary determines to be necessary; 
and 
(B) in accordance with— 
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(ii) the guidelines set forth in Appendix A of the 
report of the Committee on Interior and Insular Affairs 
of the House of Representatives accompanying H.R. 
2570 of the 101st Congress (H. Rept. 101–405). 
(c) NO BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this subtitle creates a protec-
tive perimeter or buffer zone around the Conservation Area. 
(2) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact that 
an activity or use on land outside the Conservation Area can 
be seen or heard within the Conservation Area shall not pre-
clude the activity or use outside the boundary of the Conserva-
tion Area. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—The Secretary may acquire non-Federal 
land within the boundaries of the Conservation Area or the 
Wilderness only through exchange, donation, or purchase from 
a willing seller. 
(2) MANAGEMENT.—Land acquired under paragraph (1) 
shall— 
(A) become part of the Conservation Area and, if 
applicable, the Wilderness; and 
(B) be managed in accordance with this subtitle and 
any other applicable laws. 
(e) FIRE, INSECTS, AND DISEASES.—Subject to such terms and 
conditions as the Secretary determines to be desirable and appro-
priate, the Secretary may undertake such measures as are nec-
essary to control fire, insects, and diseases— 
(1) in the Wilderness, in accordance with section 4(d)(1) 
of the Wilderness Act (16 U.S.C. 1133(d)(1)); and 
Contracts. 
Permits. 
16 USC 
460zzz–4. 
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123 STAT. 1105 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) except as provided in paragraph (1), in the Conservation 
Area in accordance with this subtitle and any other applicable 
laws. 
(f) ACCESS.—The Secretary shall continue to provide private 
landowners adequate access to inholdings in the Conservation Area. 
(g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In accordance with 
any applicable laws and subject to such terms and conditions as 
the Secretary determines to be desirable and appropriate, the Sec-
retary may prescribe measures to control nonnative invasive plants 
and noxious weeds within the Conservation Area. 
(h) WATER RIGHTS.— 
(1) EFFECT.—Nothing in this subtitle— 
(A) affects the use or allocation, in existence on the 
date of enactment of this Act, of any water, water right, 
or interest in water; 
(B) affects any vested absolute or decreed conditional 
water right in existence on the date of enactment of this 
Act, including any water right held by the United States; 
(C) affects any interstate water compact in existence 
on the date of enactment of this Act; 
(D) authorizes or imposes any new reserved Federal 
water rights; or 
(E) shall be considered to be a relinquishment or reduc-
tion of any water rights reserved or appropriated by the 
United States in the State on or before the date of enact-
ment of this Act. 
(2) WILDERNESS WATER RIGHTS.— 
(A) IN GENERAL.—The Secretary shall ensure that any 
water rights within the Wilderness required to fulfill the 
purposes of the Wilderness are secured in accordance with 
subparagraphs (B) through (G). 
(B) STATE LAW.— 
(i) PROCEDURAL REQUIREMENTS.—Any water rights 
within the Wilderness for which the Secretary pursues 
adjudication shall be adjudicated, changed, and 
administered in accordance with the procedural 
requirements and priority system of State law. 
(ii) ESTABLISHMENT OF WATER RIGHTS.— 
(I) IN GENERAL.—Except as provided in sub-
clause (II), the purposes and other substantive 
characteristics of the water rights pursued under 
this paragraph shall be established in accordance 
with State law. 
(II) EXCEPTION.—Notwithstanding subclause 
(I) and in accordance with this subtitle, the Sec-
retary may appropriate and seek adjudication of 
water rights to maintain surface water levels and 
stream flows on and across the Wilderness to fulfill 
the purposes of the Wilderness. 
(C) DEADLINE.—The Secretary shall promptly, but not 
earlier than January 2009, appropriate the water rights 
required to fulfill the purposes of the Wilderness. 
(D) REQUIRED
DETERMINATION.—The Secretary shall 
not pursue adjudication for any instream flow water rights 
unless the Secretary makes a determination pursuant to 
subparagraph (E)(ii) or (F). 
(E) COOPERATIVE ENFORCEMENT.— 
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123 STAT. 1106 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) IN GENERAL.—The Secretary shall not pursue 
adjudication of any Federal instream flow water rights 
established under this paragraph if— 
(I) the Secretary determines, upon adjudica-
tion of the water rights by the Colorado Water 
Conservation Board, that the Board holds water 
rights sufficient in priority, amount, and timing 
to fulfill the purposes of the Wilderness; and 
(II) the Secretary has entered into a perpetual 
agreement with the Colorado Water Conservation 
Board to ensure the full exercise, protection, and 
enforcement of the State water rights within the 
Wilderness to reliably fulfill the purposes of the 
Wilderness. 
(ii) ADJUDICATION.—If the Secretary determines 
that the provisions of clause (i) have not been met, 
the Secretary shall adjudicate and exercise any Federal 
water rights required to fulfill the purposes of the 
Wilderness in accordance with this paragraph. 
(F) INSUFFICIENT
WATER
RIGHTS.—If the Colorado 
Water Conservation Board modifies the instream flow 
water rights obtained under subparagraph (E) to such a 
degree that the Secretary determines that water rights 
held by the State are insufficient to fulfill the purposes 
of the Wilderness, the Secretary shall adjudicate and exer-
cise Federal water rights required to fulfill the purposes 
of the Wilderness in accordance with subparagraph (B). 
(G) FAILURE TO COMPLY.—The Secretary shall promptly 
act to exercise and enforce the water rights described in 
subparagraph (E) if the Secretary determines that— 
(i) the State is not exercising its water rights con-
sistent with subparagraph (E)(i)(I); or 
(ii) the agreement described in subparagraph 
(E)(i)(II) is not fulfilled or complied with sufficiently 
to fulfill the purposes of the Wilderness. 
(3) WATER RESOURCE FACILITY.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law and subject to subparagraph (B), beginning on the 
date of enactment of this Act, neither the President nor 
any other officer, employee, or agent of the United States 
shall fund, assist, authorize, or issue a license or permit 
for the development of any new irrigation and pumping 
facility, reservoir, water conservation work, aqueduct, 
canal, ditch, pipeline, well, hydropower project, trans-
mission, other ancillary facility, or other water, diversion, 
storage, or carriage structure in the Wilderness. 
(B) EXCEPTION.—Notwithstanding subparagraph (A), 
the Secretary may allow construction of new livestock 
watering facilities within the Wilderness in accordance 
with— 
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)); and 
(ii) the guidelines set forth in Appendix A of the 
report of the Committee on Interior and Insular Affairs 
of the House of Representatives accompanying H.R. 
2570 of the 101st Congress (H. Rept. 101–405). 
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123 STAT. 1107 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) CONSERVATION AREA WATER RIGHTS.—With respect to 
water within the Conservation Area, nothing in this subtitle— 
(A) authorizes any Federal agency to appropriate or 
otherwise acquire any water right on the mainstem of 
the Gunnison River; or 
(B) prevents the State from appropriating or acquiring, 
or requires the State to appropriate or acquire, an instream 
flow water right on the mainstem of the Gunnison River. 
(5) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER.— 
(A) IN GENERAL.—In areas in which the Gunnison River 
is used as a reference for defining the boundary of the 
Wilderness, the boundary shall— 
(i) be located at the edge of the river; and 
(ii) change according to the river level. 
(B) EXCLUSION FROM WILDERNESS.—Regardless of the 
level of the Gunnison River, no portion of the Gunnison 
River is included in the Wilderness. 
(i) EFFECT.—Nothing in this subtitle— 
(1) diminishes the jurisdiction of the State with respect 
to fish and wildlife in the State; or 
(2) imposes any Federal water quality standard upstream 
of the Conservation Area or within the mainstem of the Gunni-
son River that is more restrictive than would be applicable 
had the Conservation Area not been established. 
(j) VALID EXISTING RIGHTS.—The designation of the Conserva-
tion Area and Wilderness is subject to valid rights in existence 
on the date of enactment of this Act. 
SEC. 2406. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the date of 
enactment of this Act, the Secretary shall develop a comprehensive 
management plan for the long-term protection and management 
of the Conservation Area. 
(b) PURPOSES.—The management plan shall— 
(1) describe the appropriate uses and management of the 
Conservation Area; 
(2) be developed with extensive public input; 
(3) take into consideration any information developed in 
studies of the land within the Conservation Area; and 
(4) include a comprehensive travel management plan. 
SEC. 2407. ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ‘‘Dominguez-Escalante National Con-
servation Area Advisory Council’’. 
(b) DUTIES.—The Council shall advise the Secretary with 
respect to the preparation and implementation of the management 
plan. 
(c) APPLICABLE LAW.—The Council shall be subject to— 
(1) the Federal Advisory Committee Act (5 U.S.C. App.); 
and 
(2) the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(d) MEMBERS.—The Council shall include 10 members to be 
appointed by the Secretary, of whom, to the extent practicable— 
(1) 1 member shall be appointed after considering the rec-
ommendations of the Mesa County Commission; 
16 USC 
460zzz–6. 
Deadline. 
16 USC 
460zzz–5. 
Deadline. 
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123 STAT. 1108 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) 1 member shall be appointed after considering the rec-
ommendations of the Montrose County Commission; 
(3) 1 member shall be appointed after considering the rec-
ommendations of the Delta County Commission; 
(4) 1 member shall be appointed after considering the rec-
ommendations of the permittees holding grazing allotments 
within the Conservation Area or the Wilderness; and 
(5) 5 members shall reside in, or within reasonable prox-
imity to, Mesa County, Delta County, or Montrose County, 
Colorado, with backgrounds that reflect— 
(A) the purposes for which the Conservation Area or 
Wilderness was established; and 
(B) the interests of the stakeholders that are affected 
by the planning and management of the Conservation Area 
and Wilderness. 
(e) REPRESENTATION.—The Secretary shall ensure that the 
membership of the Council is fairly balanced in terms of the points 
of view represented and the functions to be performed by the 
Council. 
(f) DURATION.—The Council shall terminate on the date that 
is 1 year from the date on which the management plan is adopted 
by the Secretary. 
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
Subtitle F—Rio Puerco Watershed 
Management Program 
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. 
(a) RIO PUERCO MANAGEMENT COMMITTEE.—Section 401(b) of 
the Omnibus Parks and Public Lands Management Act of 1996 
(Public Law 104–333; 110 Stat. 4147) is amended— 
(1) in paragraph (2)— 
(A) by redesignating subparagraphs (I) through (N) 
as subparagraphs (J) through (O), respectively; and 
(B) by inserting after subparagraph (H) the following: 
‘‘(I) the Environmental Protection Agency;’’; and 
(2) in paragraph (4), by striking ‘‘enactment of this Act’’ 
and inserting ‘‘enactment of the Omnibus Public Land Manage-
ment Act of 2009’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 401(e) of the 
Omnibus Parks and Public Lands Management Act of 1996 (Public 
Law 104–333; 110 Stat. 4148) is amended by striking ‘‘enactment 
of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land 
Management Act of 2009’’. 
Subtitle G—Land Conveyances and 
Exchanges 
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 
(a) DEFINITIONS.—In this section: 
16 USC 
460zzz–7. 
Termination 
date. 
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123 STAT. 1109 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) CITY.—The term ‘‘City’’ means Carson City Consolidated 
Municipality, Nevada. 
(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Carson 
City, Nevada Area’’, dated November 7, 2008, and on file and 
available for public inspection in the appropriate offices of— 
(A) the Bureau of Land Management; 
(B) the Forest Service; and 
(C) the City. 
(3) SECRETARY.—The term ‘‘Secretary’’ means— 
(A) with respect to land in the National Forest System, 
the Secretary of Agriculture, acting through the Chief of 
the Forest Service; and 
(B) with respect to other Federal land, the Secretary 
of the Interior. 
(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of Agriculture and the Secretary of the Interior, acting 
jointly. 
(5) TRIBE.—The term ‘‘Tribe’’ means the Washoe Tribe of 
Nevada and California, which is a federally recognized Indian 
tribe. 
(b) CONVEYANCES OF FEDERAL LAND AND CITY LAND.— 
(1) IN GENERAL.—Notwithstanding section 202 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1712), if the City offers to convey to the United States title 
to the non-Federal land described in paragraph (2)(A) that 
is acceptable to the Secretary of Agriculture— 
(A) the Secretary shall accept the offer; and 
(B) not later than 180 days after the date on which 
the Secretary receives acceptable title to the non-Federal 
land described in paragraph (2)(A), the Secretaries shall 
convey to the City, subject to valid existing rights and 
for no consideration, except as provided in paragraph (3)(A), 
all right, title, and interest of the United States in and 
to the Federal land (other than any easement reserved 
under paragraph (3)(B)) or interest in land described in 
paragraph (2)(B). 
(2) DESCRIPTION OF LAND.— 
(A) 
NON-FEDERAL
LAND.—The 
non-Federal 
land 
referred to in paragraph (1) is the approximately 2,264 
acres of land administered by the City and identified on 
the Map as ‘‘To U.S. Forest Service’’. 
(B) FEDERAL LAND.—The Federal land referred to in 
paragraph (1)(B) is— 
(i) the approximately 935 acres of Forest Service 
land identified on the Map as ‘‘To Carson City for 
Natural Areas’’; 
(ii) the approximately 3,604 acres of Bureau of 
Land Management land identified on the Map as 
‘‘Silver Saddle Ranch and Carson River Area’’; 
(iii) the approximately 1,848 acres of Bureau of 
Land Management land identified on the Map as ‘‘To 
Carson City for Parks and Public Purposes’’; and 
(iv) the approximately 75 acres of City land in 
which the Bureau of Land Management has a rever-
sionary interest that is identified on the Map as ‘‘Rever-
sionary Interest of the United States Released’’. 
(3) CONDITIONS.— 
Deadline. 
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123 STAT. 1110 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) CONSIDERATION.—Before the conveyance of the 62– 
acre Bernhard parcel to the City, the City shall deposit 
in the special account established by subsection (e)(2)(A) 
an amount equal to 25 percent of the difference between— 
(i) the amount for which the Bernhard parcel was 
purchased by the City on July 18, 2001; and 
(ii) the amount for which the Bernhard parcel 
was purchased by the Secretary on March 24, 2006. 
(B) CONSERVATION EASEMENT.—As a condition of the 
conveyance of the land described in paragraph (2)(B)(ii), 
the Secretary, in consultation with Carson City and affected 
local interests, shall reserve a perpetual conservation ease-
ment to the land to protect, preserve, and enhance the 
conservation values of the land, consistent with paragraph 
(4)(B). 
(C) COSTS.—Any costs relating to the conveyance under 
paragraph (1), including any costs for surveys and other 
administrative costs, shall be paid by the recipient of the 
land being conveyed. 
(4) USE OF LAND.— 
(A) NATURAL AREAS.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the land described in paragraph (2)(B)(i) shall be man-
aged by the City to maintain undeveloped open space 
and to preserve the natural characteristics of the land 
in perpetuity. 
(ii) EXCEPTION.—Notwithstanding clause (i), the 
City may— 
(I) conduct projects on the land to reduce fuels; 
(II) construct and maintain trails, trailhead 
facilities, and any infrastructure on the land that 
is required for municipal water and flood manage-
ment activities; and 
(III) maintain or reconstruct any improve-
ments on the land that are in existence on the 
date of enactment of this Act. 
(B) SILVER SADDLE RANCH AND CARSON RIVER AREA.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the land described in paragraph (2)(B)(ii) shall— 
(I) be managed by the City to protect and 
enhance the Carson River, the floodplain and sur-
rounding upland, and important wildlife habitat; 
and 
(II) be used for undeveloped open space, pas-
sive recreation, customary agricultural practices, 
and wildlife protection. 
(ii) EXCEPTION.—Notwithstanding clause (i), the 
City may— 
(I) construct and maintain trails and trailhead 
facilities on the land; 
(II) conduct projects on the land to reduce 
fuels; 
(III) maintain or reconstruct any improve-
ments on the land that are in existence on the 
date of enactment of this Act; and 
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123 STAT. 1111 
PUBLIC LAW 111–11—MAR. 30, 2009 
(IV) allow the use of motorized vehicles on 
designated roads, trails, and areas in the south 
end of Prison Hill. 
(C) PARKS AND PUBLIC PURPOSES.—The land described 
in paragraph (2)(B)(iii) shall be managed by the City for— 
(i) undeveloped open space; and 
(ii) recreation or other public purposes consistent 
with the Act of June 14, 1926 (commonly known as 
the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 
869 et seq.). 
(D) REVERSIONARY INTEREST.— 
(i) RELEASE.—The reversionary interest described 
in paragraph (2)(B)(iv) shall terminate on the date 
of enactment of this Act. 
(ii) CONVEYANCE BY CITY.— 
(I) IN GENERAL.—If the City sells, leases, or 
otherwise conveys any portion of the land 
described in paragraph (2)(B)(iv), the sale, lease, 
or conveyance of land shall be— 
(aa) 
through 
a 
competitive 
bidding 
process; and 
(bb) except as provided in subclause (II), 
for not less than fair market value. 
(II) CONVEYANCE
TO
GOVERNMENT
OR
NON-
PROFIT.—A sale, lease, or conveyance of land 
described in paragraph (2)(B)(iv) to the Federal 
Government, a State government, a unit of local 
government, or a nonprofit organization shall be 
for consideration in an amount equal to the price 
established by the Secretary of the Interior under 
section 2741 of title 43, Code of Federal Regulation 
(or successor regulations). 
(III) DISPOSITION
OF
PROCEEDS.—The gross 
proceeds from the sale, lease, or conveyance of 
land under subclause (I) shall be distributed in 
accordance with subsection (e)(1). 
(5) REVERSION.—If land conveyed under paragraph (1) is 
used in a manner that is inconsistent with the uses described 
in subparagraph (A), (B), (C), or (D) of paragraph (4), the 
land shall, at the discretion of the Secretary, revert to the 
United States. 
(6) MISCELLANEOUS PROVISIONS.— 
(A) IN GENERAL.—On conveyance of the non-Federal 
land under paragraph (1) to the Secretary of Agriculture, 
the non-Federal land shall— 
(i) become part of the Humboldt-Toiyabe National 
Forest; and 
(ii) be administered in accordance with the laws 
(including 
the 
regulations) 
and 
rules 
generally 
applicable to the National Forest System. 
(B) MANAGEMENT PLAN.—The Secretary of Agriculture, 
in consultation with the City and other interested parties, 
may develop and implement a management plan for 
National Forest System land that ensures the protection 
and stabilization of the National Forest System land to 
minimize the impacts of flooding on the City. 
(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT.— 
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123 STAT. 1112 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) IN GENERAL.—If the City offers to convey to the 
United States title to the non-Federal land described in 
subparagraph (B) that is acceptable to the Secretary of 
the Interior, the land shall, at the discretion of the Sec-
retary, be conveyed to the United States. 
(B) DESCRIPTION
OF
LAND.—The non-Federal land 
referred to in subparagraph (A) is the approximately 46 
acres of land administered by the City and identified on 
the Map as ‘‘To Bureau of Land Management’’. 
(C) COSTS.—Any costs relating to the conveyance under 
subparagraph (A), including any costs for surveys and other 
administrative costs, shall be paid by the Secretary of 
the Interior. 
(c) TRANSFER
OF ADMINISTRATIVE JURISDICTION FROM
THE 
FOREST SERVICE TO THE BUREAU OF LAND MANAGEMENT.— 
(1) IN
GENERAL.—Administrative jurisdiction over the 
approximately 50 acres of Forest Service land identified on 
the Map as ‘‘Parcel #1’’ is transferred, from the Secretary 
of Agriculture to the Secretary of the Interior. 
(2) COSTS.—Any costs relating to the transfer under para-
graph (1), including any costs for surveys and other administra-
tive costs, shall be paid by the Secretary of the Interior. 
(3) USE OF LAND.— 
(A) RIGHT-OF-WAY.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall grant to the City a right-of-way for the maintenance 
of flood management facilities located on the land. 
(B) DISPOSAL.—The land referred to in paragraph (1) 
shall be disposed of in accordance with subsection (d). 
(C) DISPOSITION
OF
PROCEEDS.—The gross proceeds 
from the disposal of land under subparagraph (B) shall 
be distributed in accordance with subsection (e)(1). 
(d) DISPOSAL OF CARSON CITY LAND.— 
(1) IN GENERAL.—Notwithstanding sections 202 and 203 
of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712, 1713), the Secretary of the Interior shall, in accord-
ance with that Act, this subsection, and other applicable law, 
and subject to valid existing rights, conduct sales of the Federal 
land described in paragraph (2) to qualified bidders. 
(2) DESCRIPTION OF LAND.—The Federal land referred to 
in paragraph (1) is— 
(A) the approximately 108 acres of Bureau of Land 
Management land identified as ‘‘Lands for Disposal’’ on 
the Map; and 
(B) the approximately 50 acres of land identified as 
‘‘Parcel #1’’ on the Map. 
(3) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.— 
Before a sale of Federal land under paragraph (1), the City 
shall submit to the Secretary a certification that qualified bid-
ders have agreed to comply with— 
(A) City zoning ordinances; and 
(B) any master plan for the area approved by the 
City. 
(4) METHOD OF SALE; CONSIDERATION.—The sale of Federal 
land under paragraph (1) shall be— 
Certification. 
Deadline. 
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123 STAT. 1113 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) consistent with subsections (d) and (f) of section 
203 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1713); 
(B) unless otherwise determined by the Secretary, 
through a competitive bidding process; and 
(C) for not less than fair market value. 
(5) WITHDRAWAL.— 
(A) IN GENERAL.—Subject to valid existing rights and 
except as provided in subparagraph (B), the Federal land 
described in paragraph (2) is withdrawn from— 
(i) all forms of entry and appropriation under the 
public land laws; 
(ii) location, entry, and patent under the mining 
laws; and 
(iii) operation of the mineral leasing and geo-
thermal leasing laws. 
(B) EXCEPTION.—Subparagraph (A)(i) shall not apply 
to sales made consistent with this subsection. 
(6) DEADLINE FOR SALE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), not later than 1 year after the date of enactment 
of this Act, if there is a qualified bidder for the land 
described in subparagraphs (A) and (B) of paragraph (2), 
the Secretary of the Interior shall offer the land for sale 
to the qualified bidder. 
(B) POSTPONEMENT; EXCLUSION FROM SALE.— 
(i) REQUEST BY CARSON CITY FOR POSTPONEMENT 
OR EXCLUSION.—At the request of the City, the Sec-
retary shall postpone or exclude from the sale under 
subparagraph (A) all or a portion of the land described 
in subparagraphs (A) and (B) of paragraph (2). 
(ii) INDEFINITE
POSTPONEMENT.—Unless specifi-
cally requested by the City, a postponement under 
clause (i) shall not be indefinite. 
(e) DISPOSITION OF PROCEEDS.— 
(1) IN GENERAL.—Of the proceeds from the sale of land 
under subsections (b)(4)(D)(ii) and (d)(1)— 
(A) 5 percent shall be paid directly to the State for 
use in the general education program of the State; and 
(B) the remainder shall be deposited in a special 
account in the Treasury of the United States, to be known 
as the ‘‘Carson City Special Account’’, and shall be available 
without further appropriation to the Secretary until 
expended to— 
(i) reimburse costs incurred by the Bureau of Land 
Management for preparing for the sale of the Federal 
land described in subsection (d)(2), including the costs 
of— 
(I) surveys and appraisals; and 
(II) compliance with— 
(aa) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(bb) sections 202 and 203 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1712, 1713); 
(ii) reimburse costs incurred by the Bureau of Land 
Management and Forest Service for preparing for, and 
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123 STAT. 1114 
PUBLIC LAW 111–11—MAR. 30, 2009 
carrying out, the transfers of land to be held in trust 
by the United States under subsection (h)(1); and 
(iii) acquire environmentally sensitive land or an 
interest in environmentally sensitive land in the City. 
(2) SILVER SADDLE ENDOWMENT ACCOUNT.— 
(A) ESTABLISHMENT.—There is established in the 
Treasury of the United States a special account, to be 
known as the ‘‘Silver Saddle Endowment Account’’, con-
sisting of such amounts as are deposited under subsection 
(b)(3)(A). 
(B) AVAILABILITY OF AMOUNTS.—Amounts deposited in 
the account established by paragraph (1) shall be available 
to the Secretary, without further appropriation, for the 
oversight and enforcement of the conservation easement 
established under subsection (b)(3)(B). 
(f) URBAN INTERFACE.— 
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion and subject to valid existing rights, the Federal land 
described in paragraph (2) is permanently withdrawn from— 
(A) all forms of entry and appropriation under the 
public land laws and mining laws; 
(B) location and patent under the mining laws; and 
(C) operation of the mineral laws, geothermal leasing 
laws, and mineral material laws. 
(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) consists of approximately 19,747 acres, which is 
identified on the Map as ‘‘Urban Interface Withdrawal’’. 
(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 
Any land or interest in land within the boundaries of the 
land described in paragraph (2) that is acquired by the United 
States after the date of enactment of this Act shall be with-
drawn in accordance with this subsection. 
(4) OFF-HIGHWAY VEHICLE MANAGEMENT.—Until the date 
on which the Secretary, in consultation with the State, the 
City, and any other interested persons, completes a transpor-
tation plan for Federal land in the City, the use of motorized 
and mechanical vehicles on Federal land within the City shall 
be limited to roads and trails in existence on the date of 
enactment of this Act unless the use of the vehicles is needed— 
(A) for administrative purposes; or 
(B) to respond to an emergency. 
(g) AVAILABILITY
OF FUNDS.—Section 4(e) of the Southern 
Nevada Public Land Management Act of 1998 (Public Law 105– 
263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 
2414; 120 Stat. 3045) is amended— 
(1) in paragraph (3)(A)(iv), by striking ‘‘Clark, Lincoln, 
and White Pine Counties and Washoe County (subject to para-
graph 4))’’ and inserting ‘‘Clark, Lincoln, and White Pine Coun-
ties and Washoe County (subject to paragraph 4)) and Carson 
City (subject to paragraph (5))’’; 
(2) in paragraph (3)(A)(v), by striking ‘‘Clark, Lincoln, and 
White Pine Counties’’ and inserting ‘‘Clark, Lincoln, and White 
Pine Counties and Carson City (subject to paragraph (5))’’; 
(3) in paragraph (4), by striking ‘‘2011’’ and inserting 
‘‘2015’’; and 
(4) by adding at the end the following: 
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123 STAT. 1115 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(5) LIMITATION FOR CARSON CITY.—Carson City shall be 
eligible to nominate for expenditure amounts to acquire land 
or an interest in land for parks or natural areas and for 
conservation initiatives— 
‘‘(A) adjacent to the Carson River; or 
‘‘(B) within the floodplain of the Carson River.’’. 
(h) TRANSFER OF LAND TO BE HELD IN TRUST FOR WASHOE 
TRIBE.— 
(1) IN GENERAL.—Subject to valid existing rights, all right, 
title, and interest of the United States in and to the land 
described in paragraph (2)— 
(A) shall be held in trust by the United States for 
the benefit and use of the Tribe; and 
(B) shall be part of the reservation of the Tribe. 
(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) consists of approximately 293 acres, which is identi-
fied on the Map as ‘‘To Washoe Tribe’’. 
(3) SURVEY.—Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall com-
plete a survey of the boundary lines to establish the boundaries 
of the land taken into trust under paragraph (1). 
(4) USE OF LAND.— 
(A) GAMING.—Land taken into trust under paragraph 
(1) shall not be eligible, or considered to have been taken 
into trust, for class II gaming or class III gaming (as 
those terms are defined in section 4 of the Indian Gaming 
Regulatory Act (25 U.S.C. 2703)). 
(B) TRUST LAND FOR CEREMONIAL USE AND CONSERVA-
TION.—With respect to the use of the land taken into trust 
under paragraph (1) that is above the 5,200′ elevation 
contour, the Tribe— 
(i) shall limit the use of the land to— 
(I) traditional and customary uses; and 
(II) stewardship conservation for the benefit 
of the Tribe; and 
(ii) shall not permit any— 
(I) permanent residential or recreational 
development on the land; or 
(II) commercial use of the land, including 
commercial development or gaming. 
(C) TRUST
LAND
FOR
COMMERCIAL
AND
RESIDENTIAL 
USE.—With respect to the use of the land taken into trust 
under paragraph (1), the Tribe shall limit the use of the 
land below the 5,200′ elevation to— 
(i) traditional and customary uses; 
(ii) stewardship conservation for the benefit of the 
Tribe; and 
(iii)(I) residential or recreational development; or 
(II) commercial use. 
(D) THINNING; LANDSCAPE RESTORATION.—With respect 
to the land taken into trust under paragraph (1), the Sec-
retary of Agriculture, in consultation and coordination with 
the Tribe, may carry out any thinning and other landscape 
restoration activities on the land that is beneficial to the 
Tribe and the Forest Service. 
(i) CORRECTION OF SKUNK HARBOR CONVEYANCE.— 
Deadline. 
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123 STAT. 1116 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) PURPOSE.—The purpose of this subsection is to amend 
Public Law 108–67 (117 Stat. 880) to make a technical correc-
tion relating to the land conveyance authorized under that 
Act. 
(2) TECHNICAL CORRECTION.—Section 2 of Public Law 108– 
67 (117 Stat. 880) is amended— 
(A) by striking ‘‘Subject to’’ and inserting the following: 
‘‘(a) IN GENERAL.—Subject to’’; 
(B) in subsection (a) (as designated by paragraph (1)), 
by striking ‘‘the parcel’’ and all that follows through the 
period at the end and inserting the following: ‘‘and to 
approximately 23 acres of land identified as ‘Parcel A’ 
on the map entitled ‘Skunk Harbor Conveyance Correction’ 
and dated September 12, 2008, the western boundary of 
which is the low water line of Lake Tahoe at elevation 
6,223.0′ (Lake Tahoe Datum).’’; and 
(C) by adding at the end the following: 
‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this subsection, the Secretary of Agriculture 
shall complete a survey and legal description of the boundary 
lines to establish the boundaries of the trust land. 
‘‘(2) TECHNICAL CORRECTIONS.—The Secretary may correct 
any technical errors in the survey or legal description completed 
under paragraph (1). 
‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act prohibits 
any approved general public access (through existing easements 
or by boat) to, or use of, land remaining within the Lake Tahoe 
Basin Management Unit after the conveyance of the land to the 
Secretary of the Interior, in trust for the Tribe, under subsection 
(a), including access to, and use of, the beach and shoreline areas 
adjacent to the portion of land conveyed under that subsection.’’. 
(3) DATE OF TRUST STATUS.—The trust land described in 
section 2(a) of Public Law 108–67 (117 Stat. 880) shall be 
considered to be taken into trust as of August 1, 2003. 
(4) TRANSFER.—The Secretary of the Interior, acting on 
behalf of and for the benefit of the Tribe, shall transfer to 
the Secretary of Agriculture administrative jurisdiction over 
the land identified as ‘‘Parcel B’’ on the map entitled ‘‘Skunk 
Harbor Conveyance Correction’’ and dated September 12, 2008. 
(j) AGREEMENT WITH FOREST SERVICE.—The Secretary of Agri-
culture, in consultation with the Tribe, shall develop and implement 
a cooperative agreement that ensures regular access by members 
of the Tribe and other people in the community of the Tribe across 
National Forest System land from the City to Lake Tahoe for 
cultural and religious purposes. 
(k) ARTIFACT COLLECTION.— 
(1) NOTICE.—At least 180 days before conducting any 
ground disturbing activities on the land identified as ‘‘Parcel 
#2’’ on the Map, the City shall notify the Tribe of the proposed 
activities to provide the Tribe with adequate time to inventory 
and collect any artifacts in the affected area. 
(2) AUTHORIZED
ACTIVITIES.—On receipt of notice under 
paragraph (1), the Tribe may collect and possess any artifacts 
relating to the Tribe in the land identified as ‘‘Parcel #2’’ 
on the Map. 
Deadline. 
Deadline. 
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123 STAT. 1117 
PUBLIC LAW 111–11—MAR. 30, 2009 
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEY-
ANCE. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of Henderson, 
Nevada. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State of Nevada. 
(4) TRANSITION AREA.—The term ‘‘Transition Area’’ means 
the approximately 502 acres of Federal land located in Hender-
son, Nevada, and identified as ‘‘Limited Transition Area’’ on 
the map entitled ‘‘Southern Nevada Limited Transition Area 
Act’’ and dated March 20, 2006. 
(b) SOUTHERN NEVADA LIMITED TRANSITION AREA.— 
(1) CONVEYANCE.—Notwithstanding the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
on request of the City, the Secretary shall, without consider-
ation and subject to all valid existing rights, convey to the 
City all right, title, and interest of the United States in and 
to the Transition Area. 
(2) USE
OF
LAND
FOR
NONRESIDENTIAL
DEVELOPMENT.— 
(A) IN
GENERAL.—After the conveyance to the City 
under paragraph (1), the City may sell, lease, or otherwise 
convey any portion or portions of the Transition Area for 
purposes of nonresidential development. 
(B) METHOD OF SALE.— 
(i) IN GENERAL.—The sale, lease, or conveyance 
of land under subparagraph (A) shall be through a 
competitive bidding process. 
(ii) FAIR MARKET VALUE.—Any land sold, leased, 
or otherwise conveyed under subparagraph (A) shall 
be for not less than fair market value. 
(C) COMPLIANCE WITH CHARTER.—Except as provided 
in subparagraphs (B) and (D), the City may sell, lease, 
or otherwise convey parcels within the Transition Area 
only in accordance with the procedures for conveyances 
established in the City Charter. 
(D) DISPOSITION
OF
PROCEEDS.—The gross proceeds 
from the sale of land under subparagraph (A) shall be 
distributed in accordance with section 4(e) of the Southern 
Nevada Public Land Management Act of 1998 (112 Stat. 
2345). 
(3) USE OF LAND FOR RECREATION OR OTHER PUBLIC PUR-
POSES.—The City may elect to retain parcels in the Transition 
Area for public recreation or other public purposes consistent 
with the Act of June 14, 1926 (commonly known as the ‘‘Recre-
ation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) by 
providing to the Secretary written notice of the election. 
(4) NOISE COMPATIBILITY REQUIREMENTS.—The City shall— 
(A) plan and manage the Transition Area in accordance 
with section 47504 of title 49, United States Code (relating 
to airport noise compatibility planning), and regulations 
promulgated in accordance with that section; and 
Plans. 
Notice. 
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123 STAT. 1118 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) agree that if any land in the Transition Area is 
sold, leased, or otherwise conveyed by the City, the sale, 
lease, or conveyance shall contain a limitation to require 
uses compatible with that airport noise compatibility plan-
ning. 
(5) REVERSION.— 
(A) IN GENERAL.—If any parcel of land in the Transition 
Area is not conveyed for nonresidential development under 
this section or reserved for recreation or other public pur-
poses under paragraph (3) by the date that is 20 years 
after the date of enactment of this Act, the parcel of land 
shall, at the discretion of the Secretary, revert to the United 
States. 
(B) INCONSISTENT USE.—If the City uses any parcel 
of land within the Transition Area in a manner that is 
inconsistent with the uses specified in this subsection— 
(i) at the discretion of the Secretary, the parcel 
shall revert to the United States; or 
(ii) if the Secretary does not make an election 
under clause (i), the City shall sell the parcel of land 
in accordance with this subsection. 
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE. 
(a) DEFINITIONS.—In this section: 
(1) ALTA-HUALAPAI SITE.—The term ‘‘Alta-Hualapai Site’’ 
means the approximately 80 acres of land that is— 
(A) patented to the City under the Act of June 14, 
1926 (commonly known as the ‘‘Recreation and Public Pur-
poses Act’’) (43 U.S.C. 869 et seq.); and 
(B) identified on the map as the ‘‘Alta-Hualapai Site’’. 
(2) CITY.—The term ‘‘City’’ means the city of Las Vegas, 
Nevada. 
(3) INSTITUTE.—The term ‘‘Institute’’ means the Nevada 
Cancer Institute, a nonprofit organization described under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986, the prin-
cipal place of business of which is at 10441 West Twain Avenue, 
Las Vegas, Nevada. 
(4) MAP.—The term ‘‘map’’ means the map titled ‘‘Nevada 
Cancer Institute Expansion Act’’ and dated July 17, 2006. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director of the Bureau 
of Land Management. 
(6) WATER
DISTRICT.—The term ‘‘Water District’’ means 
the Las Vegas Valley Water District. 
(b) LAND CONVEYANCE.— 
(1) SURVEY AND LEGAL DESCRIPTION.—The City shall pre-
pare a survey and legal description of the Alta-Hualapai Site. 
The survey shall conform to the Bureau of Land Management 
cadastral survey standards and be subject to approval by the 
Secretary. 
(2) ACCEPTANCE.—The Secretary may accept the relinquish-
ment by the City of all or part of the Alta-Hualapai Site. 
(3) 
CONVEYANCE
FOR
USE
AS
NONPROFIT
CANCER 
INSTITUTE.—After relinquishment of all or part of the Alta- 
Hualapai Site to the Secretary, and not later than 180 days 
after request of the Institute, the Secretary shall convey to 
the Institute, subject to valid existing rights, the portion of 
Deadline. 
Deadline. 
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123 STAT. 1119 
PUBLIC LAW 111–11—MAR. 30, 2009 
the Alta-Hualapai Site that is necessary for the development 
of a nonprofit cancer institute. 
(4) ADDITIONAL CONVEYANCES.—Not later than 180 days 
after a request from the City, the Secretary shall convey to 
the City, subject to valid existing rights, any remaining portion 
of the Alta-Hualapai Site necessary for ancillary medical or 
nonprofit use compatible with the mission of the Institute. 
(5) APPLICABLE LAW.—Any conveyance by the City of any 
portion of the land received under this section shall be for 
no less than fair market value and the proceeds shall be distrib-
uted in accordance with section 4(e)(1) of Public Law 105– 
263 (112 Stat. 2345). 
(6) TRANSACTION COSTS.—All land conveyed by the Sec-
retary under this section shall be at no cost, except that the 
Secretary may require the recipient to bear any costs associated 
with transfer of title or any necessary land surveys. 
(7) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources 
of the Senate a report on all transactions conducted under 
Public Law 105–263 (112 Stat. 2345). 
(c) RIGHTS-OF-WAY.—Consistent with the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701), the Secretary may 
grant rights-of-way to the Water District on a portion of the Alta- 
Hualapai Site for a flood control project and a water pumping 
facility. 
(d) REVERSION.—Any property conveyed pursuant to this section 
which ceases to be used for the purposes specified in this section 
shall, at the discretion of the Secretary, revert to the United States, 
along with any improvements thereon or thereto. 
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
approximately 25 acres of Bureau of Land Management land 
identified on the map as ‘‘Lands to be conveyed to Turnabout 
Ranch’’. 
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Turn-
about Ranch Conveyance’’ dated May 12, 2006, and on file 
in the office of the Director of the Bureau of Land Management. 
(3) MONUMENT.—The term ‘‘Monument’’ means the Grand 
Staircase-Escalante National Monument located in southern 
Utah. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) TURNABOUT
RANCH.—The term ‘‘Turnabout Ranch’’ 
means the Turnabout Ranch in Escalante, Utah, owned by 
Aspen Education Group. 
(b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT RANCH.— 
(1) IN GENERAL.—Notwithstanding the land use planning 
requirements of sections 202 and 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
if not later than 30 days after completion of the appraisal 
required under paragraph (2), Turnabout Ranch of Escalante, 
Utah, submits to the Secretary an offer to acquire the Federal 
land for the appraised value, the Secretary shall, not later 
Deadlines. 
Deadline. 
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123 STAT. 1120 
PUBLIC LAW 111–11—MAR. 30, 2009 
than 30 days after the date of the offer, convey to Turnabout 
Ranch all right, title, and interest to the Federal land, subject 
to valid existing rights. 
(2) APPRAISAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall complete an appraisal 
of the Federal land. The appraisal shall be completed in accord-
ance with the ‘‘Uniform Appraisal Standards for Federal Land 
Acquisitions’’ and the ‘‘Uniform Standards of Professional 
Appraisal Practice’’. All costs associated with the appraisal 
shall be born by Turnabout Ranch. 
(3) PAYMENT OF CONSIDERATION.—Not later than 30 days 
after the date on which the Federal land is conveyed under 
paragraph (1), as a condition of the conveyance, Turnabout 
Ranch shall pay to the Secretary an amount equal to the 
appraised value of the Federal land, as determined under para-
graph (2). 
(4) COSTS OF CONVEYANCE.—As a condition of the convey-
ance, any costs of the conveyance under this section shall 
be paid by Turnabout Ranch. 
(5) DISPOSITION OF PROCEEDS.—The Secretary shall deposit 
the proceeds from the conveyance of the Federal land under 
paragraph (1) in the Federal Land Deposit Account established 
by section 206 of the Federal Land Transaction Facilitation 
Act(43 U.S.C. 2305), to be expended in accordance with that 
Act. 
(c) MODIFICATION
OF
MONUMENT
BOUNDARY.—When the 
conveyance authorized by subsection (b) is completed, the bound-
aries of the Grand Staircase-Escalante National Monument in the 
State of Utah are hereby modified to exclude the Federal land 
conveyed to Turnabout Ranch. 
SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 
(a) DEFINITIONS.—In this section: 
(1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ means the Utah 
National Parks Council of the Boy Scouts of America. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 
(1) AUTHORITY TO CONVEY.— 
(A) IN GENERAL.—Subject to paragraph (3) and not-
withstanding the Act of June 14, 1926 (commonly known 
as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 
869 et seq.), the Boy Scouts may convey to Brian Head 
Resort, subject to valid existing rights and, except as pro-
vided in subparagraph (B), any rights reserved by the 
United States, all right, title, and interest granted to the 
Boy Scouts by the original patent to the parcel described 
in paragraph (2)(A) in exchange for the conveyance by 
Brian Head Resort to the Boy Scouts of all right, title, 
and interest in and to the parcels described in paragraph 
(2)(B). 
(B) REVERSIONARY INTEREST.—On conveyance of the 
parcel of land described in paragraph (2)(A), the Secretary 
shall have discretion with respect to whether or not the 
reversionary interests of the United States are to be exer-
cised. 
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123 STAT. 1121 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) DESCRIPTION OF LAND.—The parcels of land referred 
to in paragraph (1) are— 
(A) the 120-acre parcel that is part of a tract of public 
land acquired by the Boy Scouts under the Act of June 
14, 1926 (commonly known as the ‘‘Recreation and Public 
Purposes Act’’) (43 U.S.C. 869 et seq.) for the purpose 
of operating a camp, which is more particularly described 
as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 
S., R. 9 W., Salt Lake Base and Meridian; and 
(B) the 2 parcels of private land owned by Brian Head 
Resort that total 120 acres, which are more particularly 
described as— 
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, 
T. 35 S., R. 9 W., Salt Lake Base and Meridian; and 
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., 
Salt Lake Base Meridian. 
(3) CONDITIONS.—On conveyance to the Boy Scouts under 
paragraph (1)(A), the parcels of land described in paragraph 
(2)(B) shall be subject to the terms and conditions imposed 
on the entire tract of land acquired by the Boy Scouts for 
a camp under the Bureau of Land Management patent num-
bered 43–75–0010. 
(4) MODIFICATION
OF
PATENT.—On completion of the 
exchange under paragraph (1)(A), the Secretary shall amend 
the original Bureau of Land Management patent providing 
for the conveyance to the Boy Scouts under the Act of June 
14, 1926 (commonly known as the ‘‘Recreation and Public Pur-
poses Act’’) (43 U.S.C. 869 et seq.) numbered 43–75–0010 to 
take into account the exchange under paragraph (1)(A). 
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE. 
(a) DEFINITIONS.—In this section: 
(1) PUBLIC
LAND.—The term ‘‘public land’’ means the 
approximately 622 acres of Federal land managed by the 
Bureau of Land Management and identified for conveyance 
on the map prepared by the Bureau of Land Management 
entitled ‘‘Douglas County Public Utility District Proposal’’ and 
dated March 2, 2006. 
(2) PUD.—The term ‘‘PUD’’ means the Public Utility Dis-
trict No. 1 of Douglas County, Washington. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) WELLS
HYDROELECTRIC
PROJECT.—The term ‘‘Wells 
Hydroelectric Project’’ means Federal Energy Regulatory 
Commission Project No. 2149. 
(b) CONVEYANCE
OF PUBLIC LAND, WELLS HYDROELECTRIC 
PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, 
WASHINGTON.— 
(1) CONVEYANCE REQUIRED.—Notwithstanding the land use 
planning requirements of sections 202 and 203 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 
1713), and notwithstanding section 24 of the Federal Power 
Act (16 U.S.C. 818) and Federal Power Order for Project 2149, 
and subject to valid existing rights, if not later than 45 days 
after the date of completion of the appraisal required under 
paragraph (2), the Public Utility District No. 1 of Douglas 
County, Washington, submits to the Secretary an offer to 
Deadlines. 
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123 STAT. 1122 
PUBLIC LAW 111–11—MAR. 30, 2009 
acquire the public land for the appraised value, the Secretary 
shall convey, not later than 30 days after the date of the 
offer, to the PUD all right, title, and interest of the United 
States in and to the public land. 
(2) APPRAISAL.—Not later than 60 days after the date of 
enactment of this Act, the Secretary shall complete an appraisal 
of the public land. The appraisal shall be conducted in accord-
ance with the ‘‘Uniform Appraisal Standards for Federal Land 
Acquisitions’’ and the ‘‘Uniform Standards of Professional 
Appraisal Practice’’. 
(3) PAYMENT.—Not later than 30 days after the date on 
which the public land is conveyed under this subsection, the 
PUD shall pay to the Secretary an amount equal to the 
appraised value of the public land as determined under para-
graph (2). 
(4) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable 
after the date of enactment of this Act, the Secretary shall 
finalize legal descriptions of the public land to be conveyed 
under this subsection. The Secretary may correct any minor 
errors in the map referred to in subsection (a)(1) or in the 
legal descriptions. The map and legal descriptions shall be 
on file and available for public inspection in appropriate offices 
of the Bureau of Land Management. 
(5) COSTS OF CONVEYANCE.—As a condition of conveyance, 
any costs related to the conveyance under this subsection shall 
be paid by the PUD. 
(6) DISPOSITION OF PROCEEDS.—The Secretary shall deposit 
the proceeds from the sale in the Federal Land Disposal 
Account established by section 206 of the Federal Land Trans-
action Facilitation Act (43 U.S.C. 2305) to be expended to 
improve access to public lands administered by the Bureau 
of Land Management in the State of Washington. 
(c) SEGREGATION OF LANDS.— 
(1) WITHDRAWAL.—Except as provided in subsection (b)(1), 
effective immediately upon enactment of this Act, and subject 
to valid existing rights, the public land is withdrawn from— 
(A) all forms of entry, appropriation, or disposal under 
the public land laws, and all amendments thereto; 
(B) location, entry, and patenting under the mining 
laws, and all amendments thereto; and 
(C) operation of the mineral leasing, mineral materials, 
and geothermal leasing laws, and all amendments thereto. 
(2) DURATION.—This subsection expires two years after 
the date of enactment of this Act or on the date of the comple-
tion of the conveyance under subsection (b), whichever is ear-
lier. 
(d) RETAINED AUTHORITY.—The Secretary shall retain the 
authority to place conditions on the license to insure adequate 
protection and utilization of the public land granted to the Secretary 
in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) until 
the Federal Energy Regulatory Commission has issued a new license 
for the Wells Hydroelectric Project, to replace the original license 
expiring May 31, 2012, consistent with section 15 of the Federal 
Power Act (16 U.S.C. 808). 
Expiration date. 
Effective date. 
Deadline. 
Deadline. 
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123 STAT. 1123 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 
(a) CONVEYANCE.—As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior, acting through 
the Director of the Bureau of Land Management, shall convey 
to the city of Twin Falls, Idaho, subject to valid existing rights, 
without consideration, all right, title, and interest of the United 
States in and to the 4 parcels of land described in subsection 
(b). 
(b) LAND DESCRIPTION.—The 4 parcels of land to be conveyed 
under subsection (a) are the approximately 165 acres of land in 
Twin Falls County, Idaho, that are identified as ‘‘Land to be con-
veyed to Twin Falls’’ on the map titled ‘‘Twin Falls Land Convey-
ance’’ and dated July 28, 2008. 
(c) MAP ON FILE.—A map depicting the land described in sub-
section (b) shall be on file and available for public inspection in 
the appropriate offices of the Bureau of Land Management. 
(d) USE OF CONVEYED LANDS.— 
(1) PURPOSE.—The land conveyed under this section shall 
be used to support the public purposes of the Auger Falls 
Project, including a limited agricultural exemption to allow 
for water quality and wildlife habitat improvements. 
(2) RESTRICTION.—The land conveyed under this section 
shall not be used for residential or commercial purposes, except 
for the limited agricultural exemption described in paragraph 
(1). 
(3) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the Interior may require such additional terms and conditions 
in connection with the conveyance as the Secretary considers 
appropriate to protect the interests of the United States. 
(e) REVERSION.—If the land conveyed under this section is 
no longer used in accordance with subsection (d)— 
(1) the land shall, at the discretion of the Secretary based 
on his determination of the best interests of the United States, 
revert to the United States; and 
(2) if the Secretary chooses to have the land revert to 
the United States and if the Secretary determines that the 
land is environmentally contaminated, the city of Twin Falls, 
Idaho, or any other person responsible for the contamination 
shall remediate the contamination. 
(f) ADMINISTRATIVE COSTS.—The Secretary shall require that 
the city of Twin Falls, Idaho, pay all survey costs and other adminis-
trative costs necessary for the preparation and completion of any 
patents of and transfer of title to property under this section. 
SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, 
NEVADA. 
(a) FINDING.—Congress finds that the land described in sub-
section (c) has been adequately studied for wilderness designation 
under section 603 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1782). 
(b) RELEASE.—The land described in subsection (c)— 
(1) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
and 
(2) shall be managed in accordance with— 
(A) land management plans adopted under section 202 
of that Act (43 U.S.C. 1712); and 
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123 STAT. 1124 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) cooperative conservation agreements in existence 
on the date of the enactment of this Act. 
(c) DESCRIPTION OF LAND.—The land referred to in subsections 
(a) and (b) is the approximately 70 acres of land in the Sunrise 
Mountain Instant Study Area of Clark County, Nevada, that is 
designated on the map entitled ‘‘Sunrise Mountain ISA Release 
Areas’’ and dated September 6, 2008. 
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 
(a) CONVEYANCE OF LAND BY THE BUREAU OF LAND MANAGE-
MENT TO PARK CITY, UTAH.— 
(1) 
LAND
TRANSFER.—Notwithstanding 
the 
planning 
requirements of sections 202 and 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
the Secretary of the Interior shall convey, not later than 180 
days after the date of the enactment of this Act, to Park 
City, Utah, all right, title, and interest of the United States 
in and to two parcels of real property located in Park City, 
Utah, that are currently under the management jurisdiction 
of the Bureau of Land Management and designated as parcel 
8 (commonly known as the White Acre parcel) and parcel 16 
(commonly known as the Gambel Oak parcel). The conveyance 
shall be subject to all valid existing rights. 
(2) DEED RESTRICTION.—The conveyance of the lands under 
paragraph (1) shall be made by a deed or deeds containing 
a restriction requiring that the lands be maintained as open 
space and used solely for public recreation purposes or other 
purposes consistent with their maintenance as open space. This 
restriction shall not be interpreted to prohibit the construction 
or maintenance of recreational facilities, utilities, or other struc-
tures that are consistent with the maintenance of the lands 
as open space or its use for public recreation purposes. 
(3) CONSIDERATION.—In consideration for the transfer of 
the land under paragraph (1), Park City shall pay to the Sec-
retary of the Interior an amount consistent with conveyances 
to governmental entities for recreational purposes under the 
Act of June 14, 1926 (commonly known as the Recreation 
and Public Purposes Act; 43 U.S.C. 869 et seq.). 
(b) SALE OF BUREAU OF LAND MANAGEMENT LAND IN PARK 
CITY, UTAH, AT AUCTION.— 
(1) SALE
OF
LAND.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Interior 
shall offer for sale any right, title, or interest of the United 
States in and to two parcels of real property located in Park 
City, Utah, that are currently under the management jurisdic-
tion of the Bureau of Land Management and are designated 
as parcels 17 and 18 in the Park City, Utah, area. The sale 
of the land shall be carried out in accordance with the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701) 
and other applicable law, other than the planning provisions 
of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713), 
and shall be subject to all valid existing rights. 
(2) METHOD OF SALE.—The sale of the land under para-
graph (1) shall be consistent with subsections (d) and (f) of 
section 203 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1713) through a competitive bidding process 
and for not less than fair market value. 
Deadline. 
Payments. 
Deadline. 
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123 STAT. 1125 
PUBLIC LAW 111–11—MAR. 30, 2009 
(c) DISPOSITION
OF
LAND
SALES
PROCEEDS.—All proceeds 
derived from the sale of land described in this section shall be 
deposited in the Federal Land Disposal Account established by 
section 206(a) of the Federal Land Transaction Facilitation Act 
(43 U.S.C. 2305(a)). 
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS 
IN RENO, NEVADA. 
(a) RAILROAD LANDS DEFINED.—For the purposes of this section, 
the term ‘‘railroad lands’’ means those lands within the City of 
Reno, Nevada, located within portions of sections 10, 11, and 12 
of T.19 N., R. 19 E., and portions of section 7 of T.19 N., R. 
20 E., Mount Diablo Meridian, Nevada, that were originally granted 
to the Union Pacific Railroad under the provisions of the Act of 
July 1, 1862, commonly known as the Union Pacific Railroad Act. 
(b) RELEASE
OF REVERSIONARY INTEREST.—Any reversionary 
interests of the United States (including interests under the Act 
of July 1, 1862, commonly known as the Union Pacific Railroad 
Act) in and to the railroad lands as defined in subsection (a) 
of this section are hereby released. 
SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE 
RANCHERIA. 
(a) IN GENERAL.— 
(1) FEDERAL LANDS.—Subject to valid existing rights, all 
right, title, and interest (including improvements and appur-
tenances) of the United States in and to the Federal lands 
described in subsection (b), the Federal lands shall be declared 
to be held in trust by the United States for the benefit of 
the Tribe for nongaming purposes, and shall be subject to 
the same terms and conditions as those lands described in 
the California Indian Land Transfer Act (Public Law 106– 
568; 114 Stat. 2921). 
(2) TRUST
LANDS.—Lands described in subsection (c) of 
this section that are taken or to be taken in trust by the 
United States for the benefit of the Tribe shall be subject 
to subsection (c) of section 903 of the California Indian Land 
Transfer Act (Public Law 106–568; 114 Stat. 2921). 
(b) FEDERAL LANDS DESCRIBED.—The Federal lands described 
in this subsection, comprising approximately 66 acres, are as fol-
lows: 
(1) Township 1 North, Range 16 East, Section 6, Lots 
10 and 12, MDM, containing 50.24 acres more or less. 
(2) Township 1 North, Range 16 East, Section 5, Lot 16, 
MDM, containing 15.35 acres more or less. 
(3) Township 2 North, Range 16 East, Section 32, Indian 
Cemetery Reservation within Lot 22, MDM, containing 0.4 
acres more or less. 
(c) TRUST LANDS DESCRIBED.—The trust lands described in 
this subsection, comprising approximately 357 acres, are commonly 
referred to as follows: 
(1) Thomas property, pending trust acquisition, 104.50 
acres. 
(2) Coenenburg property, pending trust acquisition, 192.70 
acres, subject to existing easements of record, including but 
not limited to a non-exclusive easement for ingress and egress 
for the benefit of adjoining property as conveyed by Easement 
Deed recorded July 13, 1984, in Volume 755, Pages 189 to 
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123 STAT. 1126 
PUBLIC LAW 111–11—MAR. 30, 2009 
192, and as further defined by Stipulation and Judgment 
entered by Tuolumne County Superior Court on September 
2, 1983, and recorded June 4, 1984, in Volume 751, Pages 
61 to 67. 
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land. 
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land. 
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land. 
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land. 
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land. 
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres, 
trust land. 
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land. 
(d) SURVEY.—As soon as practicable after the date of the enact-
ment of this Act, the Office of Cadastral Survey of the Bureau 
of Land Management shall complete fieldwork required for a survey 
of the lands described in subsections (b) and (c) for the purpose 
of incorporating those lands within the boundaries of the Tuolumne 
Rancheria. Not later than 90 days after that fieldwork is completed, 
that office shall complete the survey. 
(e) LEGAL DESCRIPTIONS.— 
(1) PUBLICATION.—On approval by the Community Council 
of the Tribe of the survey completed under subsection (d), 
the Secretary of the Interior shall publish in the Federal Reg-
ister— 
(A) a legal description of the new boundary lines of 
the Tuolumne Rancheria; and 
(B) a legal description of the land surveyed under 
subsection (d). 
(2) EFFECT.—Beginning on the date on which the legal 
descriptions are published under paragraph (1), such legal 
descriptions shall be the official legal descriptions of those 
boundary lines of the Tuolumne Rancheria and the lands sur-
veyed. 
TITLE III—FOREST SERVICE 
AUTHORIZATIONS 
Subtitle A—Watershed Restoration and 
Enhancement 
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREE-
MENTS. 
Section 323 of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public 
Law 105–277), is amended— 
(1) in subsection (a), by striking ‘‘each of fiscal years 2006 
through 2011’’ and inserting ‘‘fiscal year 2006 and each fiscal 
year thereafter’’; 
(2) by redesignating subsection (d) as subsection (e); and 
(3) by inserting after subsection (c) the following: 
‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, United States 
Code, shall not apply to— 
‘‘(1) a watershed restoration and enhancement agreement 
entered into under this section; or 
Effective date. 
Federal Register, 
publication. 
Deadline. 
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123 STAT. 1127 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(2) an agreement entered into under the first section of 
Public Law 94–148 (16 U.S.C. 565a–1).’’. 
Subtitle B—Wildland Firefighter Safety 
SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 
(a) DEFINITIONS.—In this section: 
(1) SECRETARIES.—The term ‘‘Secretaries’’ means— 
(A) the Secretary of the Interior, acting through the 
Directors of the Bureau of Land Management, the United 
States Fish and Wildlife Service, the National Park Service, 
and the Bureau of Indian Affairs; and 
(B) the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(2) WILDLAND
FIREFIGHTER.—The term ‘‘wildland fire-
fighter’’ means any person who participates in wildland fire-
fighting activities— 
(A) under the direction of either of the Secretaries; 
or 
(B) under a contract or compact with a federally recog-
nized Indian tribe. 
(b) ANNUAL REPORT TO CONGRESS.— 
(1) IN GENERAL.—The Secretaries shall jointly submit to 
Congress an annual report on the wildland firefighter safety 
practices of the Secretaries, including training programs and 
activities for wildland fire suppression, prescribed burning, and 
wildland fire use, during the preceding calendar year. 
(2) TIMELINE.—Each report under paragraph (1) shall— 
(A) be submitted by not later than March of the year 
following the calendar year covered by the report; and 
(B) include— 
(i) a description of, and any changes to, wildland 
firefighter safety practices, including training programs 
and activities for wildland fire suppression, prescribed 
burning, and wildland fire use; 
(ii) statistics and trend analyses; 
(iii) an estimate of the amount of Federal funds 
expended by the Secretaries on wildland firefighter 
safety practices, including training programs and 
activities for wildland fire suppression, prescribed 
burning, and wildland fire use; 
(iv) progress made in implementing recommenda-
tions from the Inspector General, the Government 
Accountability Office, the Occupational Safety and 
Health Administration, or an agency report relating 
to a wildland firefighting fatality issued during the 
preceding 10 years; and 
(v) a description of— 
(I) the provisions relating to wildland fire-
fighter safety practices in any Federal contract 
or other agreement governing the provision of 
wildland firefighters by a non-Federal entity; 
(II) a summary of any actions taken by the 
Secretaries to ensure that the provisions relating 
to safety practices, including training, are complied 
with by the non-Federal entity; and 
16 USC 551d. 
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123 STAT. 1128 
PUBLIC LAW 111–11—MAR. 30, 2009 
(III) the results of those actions. 
Subtitle C—Wyoming Range 
SEC. 3201. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) 
WYOMING
RANGE
WITHDRAWAL
AREA.—The 
term 
‘‘Wyoming Range Withdrawal Area’’ means all National Forest 
System land and federally owned minerals located within the 
boundaries of the Bridger-Teton National Forest identified on 
the map entitled ‘‘Wyoming Range Withdrawal Area’’ and dated 
October 17, 2007, on file with the Office of the Chief of the 
Forest Service and the Office of the Supervisor of the Bridger- 
Teton National Forest. 
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE. 
(a) WITHDRAWAL.—Except as provided in subsection (f), subject 
to valid existing rights as of the date of enactment of this Act 
and the provisions of this subtitle, land in the Wyoming Range 
Withdrawal Area is withdrawn from— 
(1) all forms of appropriation or disposal under the public 
land laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) disposition under laws relating to mineral and geo-
thermal leasing. 
(b) EXISTING RIGHTS.—If any right referred to in subsection 
(a) is relinquished or otherwise acquired by the United States 
(including through donation under section 3203) after the date 
of enactment of this Act, the land subject to that right shall be 
withdrawn in accordance with this section. 
(c) BUFFERS.—Nothing in this section requires— 
(1) the creation of a protective perimeter or buffer area 
outside the boundaries of the Wyoming Range Withdrawal 
Area; or 
(2) any prohibition on activities outside of the boundaries 
of the Wyoming Range Withdrawal Area that can be seen 
or heard from within the boundaries of the Wyoming Range 
Withdrawal Area. 
(d) LAND AND RESOURCE MANAGEMENT PLAN.— 
(1) IN GENERAL.—Subject to paragraph (2), the Bridger- 
Teton 
National 
Land 
and 
Resource 
Management 
Plan 
(including any revisions to the Plan) shall apply to any land 
within the Wyoming Range Withdrawal Area. 
(2) CONFLICTS.—If there is a conflict between this subtitle 
and the Bridger-Teton National Land and Resource Manage-
ment Plan, this subtitle shall apply. 
(e) PRIOR LEASE SALES.—Nothing in this section prohibits the 
Secretary from taking any action necessary to issue, deny, remove 
the suspension of, or cancel a lease, or any sold lease parcel that 
has not been issued, pursuant to any lease sale conducted prior 
to the date of enactment of this Act, including the completion 
of any requirements under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
Applicability. 
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123 STAT. 1129 
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(f) EXCEPTION.—Notwithstanding the withdrawal in subsection 
(a), the Secretary may lease oil and gas resources in the Wyoming 
Range Withdrawal Area that are within 1 mile of the boundary 
of the Wyoming Range Withdrawal Area in accordance with the 
Mineral Leasing Act (30 U.S.C. 181 et seq.) and subject to the 
following conditions: 
(1) The lease may only be accessed by directional drilling 
from a lease held by production on the date of enactment 
of this Act on National Forest System land that is adjacent 
to, and outside of, the Wyoming Range Withdrawal Area. 
(2) The lease shall prohibit, without exception or waiver, 
surface occupancy and surface disturbance for any activities, 
including activities related to exploration, development, or 
production. 
(3) The directional drilling may extend no further than 
1 mile inside the boundary of the Wyoming Range Withdrawal 
Area. 
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING 
MINING OR LEASING RIGHTS IN THE WYOMING RANGE. 
(a) NOTIFICATION OF LEASEHOLDERS.—Not later than 120 days 
after the date of enactment of this Act, the Secretary shall provide 
notice to holders of valid existing mining or leasing rights within 
the Wyoming Range Withdrawal Area of the potential opportunity 
for repurchase of those rights and retirement under this section. 
(b) REQUEST FOR LEASE RETIREMENT.— 
(1) IN GENERAL.—A holder of a valid existing mining or 
leasing right within the Wyoming Range Withdrawal Area may 
submit a written notice to the Secretary of the interest of 
the holder in the retirement and repurchase of that right. 
(2) LIST OF INTERESTED HOLDERS.—The Secretary shall pre-
pare a list of interested holders and make the list available 
to any non-Federal entity or person interested in acquiring 
that right for retirement by the Secretary. 
(c) PROHIBITION.—The Secretary may not use any Federal funds 
to purchase any right referred to in subsection (a). 
(d) DONATION AUTHORITY.—The Secretary shall— 
(1) accept the donation of any valid existing mining or 
leasing right in the Wyoming Range Withdrawal Area from 
the holder of that right or from any non-Federal entity or 
person that acquires that right; and 
(2) on acceptance, cancel that right. 
(e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing in this sub-
title affects any authority the Secretary may otherwise have to 
modify, suspend, or terminate a lease without compensation, or 
to recognize the transfer of a valid existing mining or leasing 
right, if otherwise authorized by law. 
Subtitle D—Land Conveyances and 
Exchanges 
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the city of Coffman Cove, 
Alaska. 
Deadline. 
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123 STAT. 1130 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(b) CONVEYANCE.— 
(1) IN GENERAL.—Subject to valid existing rights, the Sec-
retary shall convey to the City, without consideration and by 
quitclaim deed all right, title, and interest of the United States, 
except as provided in paragraphs (3) and (4), in and to the 
parcel of National Forest System land described in paragraph 
(2). 
(2) DESCRIPTION OF LAND.— 
(A) IN GENERAL.—The parcel of National Forest System 
land referred to in paragraph (1) is the approximately 
12 acres of land identified in U.S. Survey 10099, as depicted 
on the plat entitled ‘‘Subdivision of U.S. Survey No. 10099’’ 
and recorded as Plat 2003–1 on January 21, 2003, Peters-
burg Recording District, Alaska. 
(B) EXCLUDED LAND.—The parcel of National Forest 
System land conveyed under paragraph (1) does not include 
the portion of U.S. Survey 10099 that is north of the 
right-of-way for Forest Development Road 3030–295 and 
southeast of Tract CC–8. 
(3) RIGHT-OF-WAY.—The United States may reserve a right- 
of-way to provide access to the National Forest System land 
excluded from the conveyance to the City under paragraph 
(2)(B). 
(4) REVERSION.—If any portion of the land conveyed under 
paragraph (1) (other than a portion of land sold under para-
graph (5)) ceases to be used for public purposes, the land 
shall, at the option of the Secretary, revert to the United 
States. 
(5) CONDITIONS ON SUBSEQUENT CONVEYANCES.—If the City 
sells any portion of the land conveyed to the City under para-
graph (1)— 
(A) the amount of consideration for the sale shall reflect 
fair market value, as determined by an appraisal; and 
(B) the City shall pay to the Secretary an amount 
equal to the gross proceeds of the sale, which shall be 
available, without further appropriation, for the Tongass 
National Forest. 
SEC. 
3302. 
BEAVERHEAD-DEERLODGE 
NATIONAL 
FOREST 
LAND 
CONVEYANCE, MONTANA. 
(a) DEFINITIONS.—In this section: 
(1) COUNTY.—The term ‘‘County’’ means Jefferson County, 
Montana. 
(2) MAP.—The term ‘‘map’’ means the map that is— 
(A) entitled ‘‘Elkhorn Cemetery’’; 
(B) dated May 9, 2005; and 
(C) on file in the office of the Beaverhead-Deerlodge 
National Forest Supervisor. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(b) CONVEYANCE TO JEFFERSON COUNTY, MONTANA.— 
(1) CONVEYANCE.—Not later than 180 days after the date 
of enactment of this Act and subject to valid existing rights, 
the Secretary (acting through the Regional Forester, Northern 
Region, Missoula, Montana) shall convey by quitclaim deed 
Deadline. 
Payments. 
Appraisal. 
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123 STAT. 1131 
PUBLIC LAW 111–11—MAR. 30, 2009 
to the County for no consideration, all right, title, and interest 
of the United States, except as provided in paragraph (5), 
in and to the parcel of land described in paragraph (2). 
(2) DESCRIPTION
OF
LAND.—The parcel of land referred 
to in paragraph (1) is the parcel of approximately 9.67 acres 
of National Forest System land (including any improvements 
to the land) in the County that is known as the ‘‘Elkhorn 
Cemetery’’, as generally depicted on the map. 
(3) USE OF LAND.—As a condition of the conveyance under 
paragraph (1), the County shall— 
(A) use the land described in paragraph (2) as a County 
cemetery; and 
(B) agree to manage the cemetery with due consider-
ation and protection for the historic and cultural values 
of the cemetery, under such terms and conditions as are 
agreed to by the Secretary and the County. 
(4) EASEMENT.—In conveying the land to the County under 
paragraph (1), the Secretary, in accordance with applicable 
law, shall grant to the County an easement across certain 
National Forest System land, as generally depicted on the 
map, to provide access to the land conveyed under that para-
graph. 
(5) REVERSION.—In the quitclaim deed to the County, the 
Secretary shall provide that the land conveyed to the County 
under paragraph (1) shall revert to the Secretary, at the election 
of the Secretary, if the land is— 
(A) used for a purpose other than the purposes 
described in paragraph (3)(A); or 
(B) managed by the County in a manner that is incon-
sistent with paragraph (3)(B). 
SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTOR-
ICAL PARK LAND EXCHANGE. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
approximately 160 acres of Federal land within the Santa Fe 
National Forest in the State, as depicted on the map. 
(2) LANDOWNER.—The term ‘‘landowner’’ means the 1 or 
more owners of the non-Federal land. 
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pro-
posed Land Exchange for Pecos National Historical Park’’, num-
bered 430/80,054, dated November 19, 1999, and revised Sep-
tember 18, 2000. 
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means the approximately 154 acres of non-Federal land in 
the Park, as depicted on the map. 
(5) PARK.—The term ‘‘Park’’ means the Pecos National 
Historical Park in the State. 
(6) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agriculture, acting 
jointly. 
(7) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
(b) LAND EXCHANGE.— 
(1) IN GENERAL.—If the Secretary of the Interior accepts 
the non-Federal land, title to which is acceptable to the Sec-
retary of the Interior, the Secretary of Agriculture shall, subject 
New Mexico. 
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123 STAT. 1132 
PUBLIC LAW 111–11—MAR. 30, 2009 
to the conditions of this section and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the 
landowner the Federal land. 
(2) EASEMENT.— 
(A) IN
GENERAL.—As a condition of the conveyance 
of the non-Federal land, the landowner may reserve an 
easement (including an easement for service access) for 
water pipelines to 2 well sites located in the Park, as 
generally depicted on the map. 
(B) ROUTE.—The Secretary of the Interior and the land-
owner shall determine the appropriate route of the ease-
ment through the non-Federal land. 
(C) TERMS
AND
CONDITIONS.—The easement shall 
include such terms and conditions relating to the use of, 
and access to, the well sites and pipeline, as the Secretary 
of the Interior and the landowner determine to be appro-
priate. 
(D) APPLICABLE LAW.—The easement shall be estab-
lished, operated, and maintained in compliance with 
applicable Federal, State, and local laws. 
(3) VALUATION, APPRAISALS, AND EQUALIZATION.— 
(A) IN GENERAL.—The value of the Federal land and 
non-Federal land— 
(i) shall be equal, as determined by appraisals 
conducted in accordance with subparagraph (B); or 
(ii) if the value is not equal, shall be equalized 
in accordance with subparagraph (C). 
(B) APPRAISALS.— 
(i) IN GENERAL.—The Federal land and non-Fed-
eral land shall be appraised by an independent 
appraiser selected by the Secretaries. 
(ii) 
REQUIREMENTS.—An 
appraisal 
conducted 
under clause (i) shall be conducted in accordance 
with— 
(I) the Uniform Appraisal Standards for Fed-
eral Land Acquisitions; and 
(II) the Uniform Standards of Professional 
Appraisal Practice. 
(iii) APPROVAL.—The appraisals conducted under 
this subparagraph shall be submitted to the Secretaries 
for approval. 
(C) EQUALIZATION OF VALUES.— 
(i) IN GENERAL.—If the values of the non-Federal 
land and the Federal land are not equal, the values 
may be equalized in accordance with section 206 of 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716). 
(ii) CASH EQUALIZATION PAYMENTS.—Any amounts 
received by the Secretary of Agriculture as a cash 
equalization payment under section 206(b) of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1716(b)) shall— 
(I) be deposited in the fund established by 
Public Law 90–171 (commonly known as the ‘‘Sisk 
Act’’) (16 U.S.C. 484a); and 
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123 STAT. 1133 
PUBLIC LAW 111–11—MAR. 30, 2009 
(II) be available for expenditure, without fur-
ther appropriation, for the acquisition of land and 
interests in land in the State. 
(4) COSTS.—Before the completion of the exchange under 
this subsection, the Secretaries and the landowner shall enter 
into an agreement that allocates the costs of the exchange 
among the Secretaries and the landowner. 
(5) APPLICABLE LAW.—Except as otherwise provided in this 
section, the exchange of land and interests in land under this 
section shall be in accordance with— 
(A) section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716); and 
(B) other applicable Federal, State, and local laws. 
(6) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries 
may require, in addition to any requirements under this section, 
such terms and conditions relating to the exchange of Federal 
land and non-Federal land and the granting of easements under 
this section as the Secretaries determine to be appropriate 
to protect the interests of the United States. 
(7) COMPLETION OF THE EXCHANGE.— 
(A) IN GENERAL.—The exchange of Federal land and 
non-Federal land shall be completed not later than 180 
days after the later of— 
(i) the date on which the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) have been met; 
(ii) the date on which the Secretary of the Interior 
approves the appraisals under paragraph (3)(B)(iii); 
or 
(iii) the date on which the Secretaries and the 
landowner agree on the costs of the exchange and 
any other terms and conditions of the exchange under 
this subsection. 
(B) NOTICE.—The Secretaries shall submit to the Com-
mittee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Represent-
atives notice of the completion of the exchange of Federal 
land and non-Federal land under this subsection. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary of the Interior shall admin-
ister the non-Federal land acquired under this section in accord-
ance with the laws generally applicable to units of the National 
Park System, including the Act of August 25, 1916 (commonly 
known as the ‘‘National Park Service Organic Act’’) (16 U.S.C. 
1 et seq.). 
(2) MAPS.— 
(A) IN GENERAL.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the 
Secretaries. 
(B) TRANSMITTAL OF REVISED MAP TO CONGRESS.—Not 
later than 180 days after completion of the exchange, the 
Secretaries shall transmit to the Committee on Energy 
and Natural Resources of the Senate and the Committee 
on Resources of the House of Representatives a revised 
map that depicts— 
(i) the Federal land and non-Federal land 
exchanged under this section; and 
Deadline. 
Deadline. 
Contracts. 
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123 STAT. 1134 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) the easement described in subsection (b)(2). 
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW 
MEXICO. 
(a) DEFINITIONS.—In this section: 
(1) CLAIM.—The term ‘‘Claim’’ means a claim of the Claim-
ants to any right, title, or interest in any land located in 
lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal 
Meridian, San Miguel County, New Mexico, except as provided 
in subsection (b)(1). 
(2) CLAIMANTS.—The term ‘‘Claimants’’ means Ramona 
Lawson and Boyd Lawson. 
(3) FEDERAL
LAND.—The term ‘‘Federal land’’ means a 
parcel of National Forest System land in the Santa Fe National 
Forest, New Mexico, that is— 
(A) comprised of approximately 6.20 acres of land; and 
(B) described and delineated in the survey. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Forest Service Regional For-
ester, Southwestern Region. 
(5) SURVEY.—The term ‘‘survey’’ means the survey plat 
entitled ‘‘Boundary Survey and Conservation Easement Plat’’, 
prepared by Chris A. Chavez, Land Surveyor, Forest Service, 
NMPLS#12793, and recorded on February 27, 2007, at book 
55, page 93, of the land records of San Miguel County, New 
Mexico. 
(b) SANTA FE NATIONAL FOREST LAND CONVEYANCE.— 
(1) IN GENERAL.—The Secretary shall, except as provided 
in subparagraph (A) and subject to valid existing rights, convey 
and quitclaim to the Claimants all right, title, and interest 
of the United States in and to the Federal land in exchange 
for— 
(A) the grant by the Claimants to the United States 
of a scenic easement to the Federal land that— 
(i) protects the purposes for which the Federal 
land was designated under the Wild and Scenic Rivers 
Act (16 U.S.C. 1271 et seq.); and 
(ii) is determined to be acceptable by the Secretary; 
and 
(B) a release of the United States by the Claimants 
of— 
(i) the Claim; and 
(ii) any additional related claims of the Claimants 
against the United States. 
(2) SURVEY.—The Secretary, with the approval of the 
Claimants, may make minor corrections to the survey and 
legal description of the Federal land to correct clerical, typo-
graphical, and surveying errors. 
(3) SATISFACTION OF CLAIM.—The conveyance of Federal 
land under paragraph (1) shall constitute a full satisfaction 
of the Claim. 
SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE. 
(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture shall 
convey, without consideration, to the King and Kittitas Counties 
Fire District #51 of King and Kittitas Counties, Washington (in 
this section referred to as the ‘‘District’’), all right, title, and interest 
of the United States in and to a parcel of National Forest System 
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PUBLIC LAW 111–11—MAR. 30, 2009 
land in Kittitas County, Washington, consisting of approximately 
1.5 acres within the SW1⁄4 of the SE1⁄4 of section 4, township 
22 north, range 11 east, Willamette meridian, for the purpose 
of permitting the District to use the parcel as a site for a new 
Snoqualmie Pass fire and rescue station. 
(b) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance 
specified in such subsection, all right, title, and interest in and 
to the property shall revert, at the option of the Secretary, to 
the United States, and the United States shall have the right 
of immediate entry onto the property. Any determination of the 
Secretary under this subsection shall be made on the record after 
an opportunity for a hearing. 
(c) SURVEY.—If necessary, the exact acreage and legal descrip-
tion of the lands to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost 
of a survey shall be borne by the District. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRIC-
TIONS. 
Notwithstanding Public Law 90–171 (commonly known as the 
‘‘Sisk Act’’) (16 U.S.C. 484a), the approximately 36.25 acres patented 
to the Mammoth County Water District (now known as the ‘‘Mam-
moth Community Water District’’) by Patent No. 04–87–0038, on 
June 26, 1987, and recorded in volume 482, at page 516, of the 
official records of the Recorder’s Office, Mono County, California, 
may be used for any public purpose. 
SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, 
UTAH. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of Bountiful, 
Utah. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
land under the jurisdiction of the Secretary identified on the 
map as ‘‘Shooting Range Special Use Permit Area’’. 
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Bounti-
ful City Land Consolidation Act’’ and dated October 15, 2007. 
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means the 3 parcels of City land comprising a total of approxi-
mately 1,680 acres, as generally depicted on the map. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(b) EXCHANGE.—Subject to subsections (d) through (h), if the 
City conveys to the Secretary all right, title, and interest of the 
City in and to the non-Federal land, the Secretary shall convey 
to the City all right, title, and interest of the United States in 
and to the Federal land. 
(c) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the Forest 
Service. 
(d) VALUATION AND EQUALIZATION.— 
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123 STAT. 1136 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) VALUATION.—The value of the Federal land and the 
non-Federal land to be conveyed under subsection (b)— 
(A) shall be equal, as determined by appraisals carried 
out in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716); or 
(B) if not equal, shall be equalized in accordance with 
paragraph (2). 
(2) EQUALIZATION.—If the value of the Federal land and 
the non-Federal land to be conveyed in a land exchange under 
this section is not equal, the value may be equalized by— 
(A) making a cash equalization payment to the Sec-
retary or to the City, as appropriate; or 
(B) reducing the acreage of the Federal land or the 
non-Federal land to be exchanged, as appropriate. 
(e) APPLICABLE LAW.—Section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the 
land exchange authorized under subsection (b), except that the 
Secretary may accept a cash equalization payment in excess of 
25 percent of the value of the Federal land. 
(f) CONDITIONS.— 
(1) LIABILITY.— 
(A) IN GENERAL.—As a condition of the exchange under 
subsection (b), the Secretary shall— 
(i) require that the City— 
(I) assume all liability for the shooting range 
located on the Federal land, including the past, 
present, and future condition of the Federal land; 
and 
(II) hold the United States harmless for any 
liability for the condition of the Federal land; and 
(ii) comply with the hazardous substances disclo-
sure requirements of section 120(h) of the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)). 
(B) LIMITATION.—Clauses (ii) and (iii) of section 
120(h)(3)(A) 
of 
the 
Comprehensive 
Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 
9620(h)(3)(A)) shall not apply to the conveyance of Federal 
land under subsection (b). 
(2) 
ADDITIONAL
TERMS
AND
CONDITIONS.—The 
land 
exchange under subsection (b) shall be subject to— 
(A) valid existing rights; and 
(B) such additional terms and conditions as the Sec-
retary may require. 
(g) MANAGEMENT OF ACQUIRED LAND.—The non-Federal land 
acquired by the Secretary under subsection (b) shall be— 
(1) added to, and administered as part of, the Wasatch- 
Cache National Forest; and 
(2) managed by the Secretary in accordance with— 
(A) the Act of March 1, 1911 (commonly known as 
the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 
(B) any laws (including regulations) applicable to the 
National Forest System. 
(h) EASEMENTS; RIGHTS-OF-WAY.— 
(1) BONNEVILLE SHORELINE TRAIL EASEMENT.—In carrying 
out the land exchange under subsection (b), the Secretary shall 
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ensure that an easement not less than 60 feet in width is 
reserved for the Bonneville Shoreline Trail. 
(2) OTHER
RIGHTS-OF-WAY.—The Secretary and the City 
may reserve any other rights-of-way for utilities, roads, and 
trails that— 
(A) are mutually agreed to by the Secretary and the 
City; and 
(B) the Secretary and the City consider to be in the 
public interest. 
(i) DISPOSAL OF REMAINING FEDERAL LAND.— 
(1) IN GENERAL.—The Secretary may, by sale or exchange, 
dispose of all, or a portion of, the parcel of National Forest 
System land comprising approximately 220 acres, as generally 
depicted on the map that remains after the conveyance of 
the Federal land authorized under subsection (b), if the Sec-
retary determines, in accordance with paragraph (2), that the 
land or portion of the land is in excess of the needs of the 
National Forest System. 
(2) REQUIREMENTS.—A determination under paragraph (1) 
shall be made— 
(A) pursuant to an amendment of the land and resource 
management plan for the Wasatch-Cache National Forest; 
and 
(B) after carrying out a public process consistent with 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(3) CONSIDERATION.—As consideration for any conveyance 
of Federal land under paragraph (1), the Secretary shall require 
payment of an amount equal to not less than the fair market 
value of the conveyed National Forest System land. 
(4) RELATION TO OTHER LAWS.—Any conveyance of Federal 
land under paragraph (1) by exchange shall be subject to section 
206 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716). 
(5) DISPOSITION OF PROCEEDS.—Any amounts received by 
the Secretary as consideration under subsection (d) or para-
graph (3) shall be— 
(A) deposited in the fund established under Public 
Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 
484a); and 
(B) available to the Secretary, without further appro-
priation and until expended, for the acquisition of land 
or interests in land to be included in the Wasatch-Cache 
National Forest. 
(6) ADDITIONAL TERMS AND CONDITIONS.—Any conveyance 
of Federal land under paragraph (1) shall be subject to— 
(A) valid existing rights; and 
(B) such additional terms and conditions as the Sec-
retary may require. 
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO 
RETURN WILDERNESS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to adjust the boundaries of the wilderness area; and 
(2) to authorize the Secretary to sell the land designated 
for removal from the wilderness area due to encroachment. 
(b) DEFINITIONS.—In this section: 
Idaho. 
16 USC 1132 
note. 
Payments. 
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123 STAT. 1138 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) LAND
DESIGNATED
FOR
EXCLUSION.—The term ‘‘land 
designated for exclusion’’ means the parcel of land that is— 
(A) comprised of approximately 10.2 acres of land; 
(B) generally depicted on the survey plat entitled ‘‘Pro-
posed 
Boundary 
Change 
FCRONRW 
Sections 
15 
(unsurveyed) Township 14 North, Range 13 East, B.M., 
Custer County, Idaho’’ and dated November 14, 2001; and 
(C) more particularly described in the survey plat and 
legal description on file in— 
(i) the office of the Chief of the Forest Service, 
Washington, DC; and 
(ii) the office of the Intermountain Regional For-
ester, Ogden, Utah. 
(2) LAND DESIGNATED FOR INCLUSION.—The term ‘‘land des-
ignated for inclusion’’ means the parcel of National Forest 
System land that is— 
(A) comprised of approximately 10.2 acres of land; 
(B) located in unsurveyed section 22, T. 14 N., R. 
13 E., Boise Meridian, Custer County, Idaho; 
(C) generally depicted on the map entitled ‘‘Challis 
National Forest, T.14 N., R. 13 E., B.M., Custer County, 
Idaho, Proposed Boundary Change FCRONRW’’ and dated 
September 19, 2007; and 
(D) more particularly described on the map and legal 
description on file in— 
(i) the office of the Chief of the Forest Service, 
Washington, DC; and 
(ii) the Intermountain Regional Forester, Ogden, 
Utah. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(4) WILDERNESS AREA.—The term ‘‘wilderness area’’ means 
the Frank Church River of No Return Wilderness designated 
by section 3 of the Central Idaho Wilderness Act of 1980 (16 
U.S.C. 1132 note; 94 Stat. 948). 
(c) BOUNDARY ADJUSTMENT.— 
(1) ADJUSTMENT TO WILDERNESS AREA.— 
(A) INCLUSION.—The wilderness area shall include the 
land designated for inclusion. 
(B) EXCLUSION.—The wilderness area shall not include 
the land designated for exclusion. 
(2) CORRECTIONS TO LEGAL DESCRIPTIONS.—The Secretary 
may make corrections to the legal descriptions. 
(d) CONVEYANCE OF LAND DESIGNATED FOR EXCLUSION.— 
(1) IN GENERAL.—Subject to paragraph (2), to resolve the 
encroachment on the land designated for exclusion, the Sec-
retary may sell for consideration in an amount equal to fair 
market value— 
(A) the land designated for exclusion; and 
(B) as the Secretary determines to be necessary, not 
more than 10 acres of land adjacent to the land designated 
for exclusion. 
(2) CONDITIONS.—The sale of land under paragraph (1) 
shall be subject to the conditions that— 
(A) the land to be conveyed be appraised in accordance 
with the Uniform Appraisal Standards for Federal Land 
Acquisitions; 
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123 STAT. 1139 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) the person buying the land shall pay— 
(i) the costs associated with appraising and, if 
the land needs to be resurveyed, resurveying the land; 
and 
(ii) any analyses and closing costs associated with 
the conveyance; 
(C) for management purposes, the Secretary may recon-
figure the description of the land for sale; and 
(D) the owner of the adjacent private land shall have 
the first opportunity to buy the land. 
(3) DISPOSITION OF PROCEEDS.— 
(A) IN GENERAL.—The Secretary shall deposit the cash 
proceeds from a sale of land under paragraph (1) in the 
fund established under Public Law 90–171 (commonly 
known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 
(B) AVAILABILITY AND USE.—Amounts deposited under 
subparagraph (A)— 
(i) shall remain available until expended for the 
acquisition of land for National Forest purposes in 
the State of Idaho; and 
(ii) shall not be subject to transfer or reprogram-
ming for— 
(I) wildland fire management; or 
(II) any other emergency purposes. 
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMEND-
MENT. 
Section 413(b) of the T’uf Shur Bien Preservation Trust Area 
Act (16 U.S.C. 539m–11) is amended— 
(1) in paragraph (1), by inserting ‘‘3,’’ after ‘‘sections’’; and 
(2) in the first sentence of paragraph (4), by inserting 
‘‘, as a condition of the conveyance,’’ before ‘‘remain’’. 
Subtitle E—Colorado Northern Front 
Range Study 
SEC. 3401. PURPOSE. 
The purpose of this subtitle is to identify options that may 
be available to assist in maintaining the open space characteristics 
of land that is part of the mountain backdrop of communities 
in the northern section of the Front Range area of Colorado. 
SEC. 3402. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the Forest Service. 
(2) STATE.—The term ‘‘State’’ means the State of Colorado. 
(3) STUDY AREA.— 
(A) IN GENERAL.—The term ‘‘study area’’ means the 
land in southern Boulder, northern Jefferson, and northern 
Gilpin Counties, Colorado, that is located west of Colorado 
State Highway 93, south and east of Colorado State High-
way 119, and north of Colorado State Highway 46, as 
generally depicted on the map entitled ‘‘Colorado Northern 
Front Range Mountain Backdrop Protection Study Act: 
Study Area’’ and dated August 27, 2008. 
Payments. 
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123 STAT. 1140 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) EXCLUSIONS.—The term ‘‘study area’’ does not 
include land within the city limits of the cities of Arvada, 
Boulder, or Golden, Colorado. 
(4) UNDEVELOPED
LAND.—The term ‘‘undeveloped land’’ 
means land— 
(A) that is located within the study area; 
(B) that is free or primarily free of structures; and 
(C) the development of which is likely to affect 
adversely the scenic, wildlife, or recreational value of the 
study area. 
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACK-
DROP STUDY. 
(a) STUDY; REPORT.—Not later than 1 year after the date of 
enactment of this Act and except as provided in subsection (c), 
the Secretary shall— 
(1) conduct a study of the land within the study area; 
and 
(2) complete a report that— 
(A) identifies the present ownership of the land within 
the study area; 
(B) identifies any undeveloped land that may be at 
risk of development; and 
(C) describes any actions that could be taken by the 
United States, the State, a political subdivision of the 
State, or any other parties to preserve the open and 
undeveloped character of the land within the study area. 
(b) REQUIREMENTS.—The Secretary shall conduct the study and 
develop the report under subsection (a) with the support and partici-
pation of 1 or more of the following State and local entities: 
(1) The Colorado Department of Natural Resources. 
(2) Colorado State Forest Service. 
(3) Colorado State Conservation Board. 
(4) Great Outdoors Colorado. 
(5) Boulder, Jefferson, and Gilpin Counties, Colorado. 
(c) LIMITATION.—If the State and local entities specified in 
subsection (b) do not support and participate in the conduct of 
the study and the development of the report under this section, 
the Secretary may— 
(1) decrease the area covered by the study area, as appro-
priate; or 
(2)(A) opt not to conduct the study or develop the report; 
and 
(B) submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives notice of the decision 
not to conduct the study or develop the report. 
(d) EFFECT.—Nothing in this subtitle authorizes the Secretary 
to take any action that would affect the use of any land not 
owned by the United States. 
Notice. 
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123 STAT. 1141 
PUBLIC LAW 111–11—MAR. 30, 2009 
TITLE IV—FOREST LANDSCAPE 
RESTORATION 
SEC. 4001. PURPOSE. 
The purpose of this title is to encourage the collaborative, 
science-based ecosystem restoration of priority forest landscapes 
through a process that— 
(1) encourages ecological, economic, and social sustain-
ability; 
(2) leverages local resources with national and private 
resources; 
(3) facilitates the reduction of wildfire management costs, 
including through reestablishing natural fire regimes and 
reducing the risk of uncharacteristic wildfire; and 
(4) demonstrates the degree to which— 
(A) various ecological restoration techniques— 
(i) achieve ecological and watershed health objec-
tives; and 
(ii) affect wildfire activity and management costs; 
and 
(B) the use of forest restoration byproducts can offset 
treatment costs while benefitting local rural economies and 
improving forest health. 
SEC. 4002. DEFINITIONS. 
In this title: 
(1) FUND.—The term ‘‘Fund’’ means the Collaborative 
Forest Landscape Restoration Fund established by section 
4003(f). 
(2) PROGRAM.—The term ‘‘program’’ means the Collabo-
rative Forest Landscape Restoration Program established under 
section 4003(a). 
(3) PROPOSAL.—The term ‘‘proposal’’ means a collaborative 
forest landscape restoration proposal described in section 
4003(b). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the Forest Service. 
(5) STRATEGY.—The term ‘‘strategy’’ means a landscape 
restoration strategy described in section 4003(b)(1). 
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PRO-
GRAM. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of the Interior, shall establish a Collaborative Forest Land-
scape Restoration Program to select and fund ecological restoration 
treatments for priority forest landscapes in accordance with— 
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.); 
(2) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(3) any other applicable law. 
(b) ELIGIBILITY CRITERIA.—To be eligible for nomination under 
subsection (c), a collaborative forest landscape restoration proposal 
shall— 
(1) be based on a landscape restoration strategy that— 
(A) is complete or substantially complete; 
16 USC 7303. 
16 USC 7302. 
16 USC 7301. 
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123 STAT. 1142 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) identifies and prioritizes ecological restoration 
treatments for a 10-year period within a landscape that 
is— 
(i) at least 50,000 acres; 
(ii) comprised primarily of forested National Forest 
System land, but may also include land under the 
jurisdiction of the Bureau of Land Management, land 
under the jurisdiction of the Bureau of Indian Affairs, 
or other Federal, State, tribal, or private land; 
(iii) in need of active ecosystem restoration; and 
(iv) accessible by existing or proposed wood-proc-
essing infrastructure at an appropriate scale to use 
woody biomass and small-diameter wood removed in 
ecological restoration treatments; 
(C) incorporates the best available science and sci-
entific application tools in ecological restoration strategies; 
(D) fully maintains, or contributes toward the restora-
tion of, the structure and composition of old growth stands 
according to the pre-fire suppression old growth conditions 
characteristic of the forest type, taking into account the 
contribution of the stand to landscape fire adaptation and 
watershed health and retaining the large trees contributing 
to old growth structure; 
(E) would carry out any forest restoration treatments 
that reduce hazardous fuels by— 
(i) focusing on small diameter trees, thinning, stra-
tegic fuel breaks, and fire use to modify fire behavior, 
as 
measured 
by 
the 
projected 
reduction 
of 
uncharacteristically severe wildfire effects for the forest 
type (such as adverse soil impacts, tree mortality or 
other impacts); and 
(ii) maximizing the retention of large trees, as 
appropriate for the forest type, to the extent that the 
trees promote fire-resilient stands; and 
(F)(i) does not include the establishment of permanent 
roads; and 
(ii) would commit funding to decommission all tem-
porary roads constructed to carry out the strategy; 
(2) be developed and implemented through a collaborative 
process that— 
(A) includes multiple interested persons representing 
diverse interests; and 
(B)(i) is transparent and nonexclusive; or 
(ii) meets the requirements for a resource advisory 
committee under subsections (c) through (f) of section 205 
of Public Law 106–393 (16 U.S.C. 500 note); 
(3) describe plans to— 
(A) reduce the risk of uncharacteristic wildfire, 
including through the use of fire for ecological restoration 
and maintenance and reestablishing natural fire regimes, 
where appropriate; 
(B) improve fish and wildlife habitat, including for 
endangered, threatened, and sensitive species; 
(C) maintain or improve water quality and watershed 
function; 
(D) prevent, remediate, or control invasions of exotic 
species; 
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123 STAT. 1143 
PUBLIC LAW 111–11—MAR. 30, 2009 
(E) maintain, decommission, and rehabilitate roads and 
trails; 
(F) use woody biomass and small-diameter trees pro-
duced from projects implementing the strategy; 
(G) report annually on performance, including through 
performance measures from the plan entitled the ‘‘10 Year 
Comprehensive Strategy Implementation Plan’’ and dated 
December 2006; and 
(H) take into account any applicable community wild-
fire protection plan; 
(4) analyze any anticipated cost savings, including those 
resulting from— 
(A) reduced wildfire management costs; and 
(B) a decrease in the unit costs of implementing 
ecological restoration treatments over time; 
(5) estimate— 
(A) the annual Federal funding necessary to implement 
the proposal; and 
(B) the amount of new non-Federal investment for 
carrying out the proposal that would be leveraged; 
(6) describe the collaborative process through which the 
proposal was developed, including a description of— 
(A) participation by or consultation with State, local, 
and Tribal governments; and 
(B) any established record of successful collaborative 
planning and implementation of ecological restoration 
projects on National Forest System land and other land 
included in the proposal by the collaborators; and 
(7) benefit local economies by providing local employment 
or training opportunities through contracts, grants, or agree-
ments for restoration planning, design, implementation, or mon-
itoring with— 
(A) local private, nonprofit, or cooperative entities; 
(B) Youth Conservation Corps crews or related partner-
ships, with State, local, and non-profit youth groups; 
(C) existing or proposed small or micro-businesses, 
clusters, or incubators; or 
(D) other entities that will hire or train local people 
to complete such contracts, grants, or agreements; and 
(8) be subject to any other requirements that the Secretary, 
in consultation with the Secretary of the Interior, determines 
to be necessary for the efficient and effective administration 
of the program. 
(c) NOMINATION PROCESS.— 
(1) SUBMISSION.—A proposal shall be submitted to— 
(A) the appropriate Regional Forester; and 
(B) if actions under the jurisdiction of the Secretary 
of the Interior are proposed, the appropriate— 
(i) State Director of the Bureau of Land Manage-
ment; 
(ii) Regional Director of the Bureau of Indian 
Affairs; or 
(iii) other official of the Department of the Interior. 
(2) NOMINATION.— 
(A) IN GENERAL.—A Regional Forester may nominate 
for selection by the Secretary any proposals that meet 
the eligibility criteria established by subsection (b). 
Proposal. 
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123 STAT. 1144 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) CONCURRENCE.—Any proposal nominated by the 
Regional Forester that proposes actions under the jurisdic-
tion of the Secretary of the Interior shall include the concur-
rence of the appropriate— 
(i) State Director of the Bureau of Land Manage-
ment; 
(ii) Regional Director of the Bureau of Indian 
Affairs; or 
(iii) other official of the Department of the Interior. 
(3) DOCUMENTATION.—With respect to each proposal that 
is nominated under paragraph (2)— 
(A) the appropriate Regional Forester shall— 
(i) include a plan to use Federal funds allocated 
to the region to fund those costs of planning and car-
rying out ecological restoration treatments on National 
Forest System land, consistent with the strategy, that 
would not be covered by amounts transferred to the 
Secretary from the Fund; and 
(ii) provide evidence that amounts proposed to be 
transferred to the Secretary from the Fund during 
the first 2 fiscal years following selection would be 
used to carry out ecological restoration treatments con-
sistent with the strategy during the same fiscal year 
in which the funds are transferred to the Secretary; 
(B) if actions under the jurisdiction of the Secretary 
of the Interior are proposed, the nomination shall include 
a plan to fund such actions, consistent with the strategy, 
by the appropriate— 
(i) State Director of the Bureau of Land Manage-
ment; 
(ii) Regional Director of the Bureau of Indian 
Affairs; or 
(iii) other official of the Department of the Interior; 
and 
(C) if actions on land not under the jurisdiction of 
the Secretary or the Secretary of the Interior are proposed, 
the appropriate Regional Forester shall provide evidence 
that the landowner intends to participate in, and provide 
appropriate funding to carry out, the actions. 
(d) SELECTION PROCESS.— 
(1) IN GENERAL.—After consulting with the advisory panel 
established under subsection (e), the Secretary, in consultation 
with the Secretary of the Interior, shall, subject to paragraph 
(2), select the best proposals that— 
(A) have been nominated under subsection (c)(2); and 
(B) meet the eligibility criteria established by sub-
section (b). 
(2) CRITERIA.—In selecting proposals under paragraph (1), 
the Secretary shall give special consideration to— 
(A) the strength of the proposal and strategy; 
(B) the strength of the ecological case of the proposal 
and the proposed ecological restoration strategies; 
(C) the strength of the collaborative process and the 
likelihood 
of 
successful 
collaboration 
throughout 
implementation; 
(D) whether the proposal is likely to achieve reductions 
in long-term wildfire management costs; 
Plans. 
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123 STAT. 1145 
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(E) whether the proposal would reduce the relative 
costs of carrying out ecological restoration treatments as 
a result of the use of woody biomass and small-diameter 
trees; and 
(F) whether an appropriate level of non-Federal invest-
ment would be leveraged in carrying out the proposal. 
(3) LIMITATION.—The Secretary may select not more than— 
(A) 10 proposals to be funded during any fiscal year; 
(B) 2 proposals in any 1 region of the National Forest 
System to be funded during any fiscal year; and 
(C) the number of proposals that the Secretary deter-
mines are likely to receive adequate funding. 
(e) ADVISORY PANEL.— 
(1) IN GENERAL.—The Secretary shall establish and main-
tain an advisory panel comprised of not more than 15 members 
to evaluate, and provide recommendations on, each proposal 
that has been nominated under subsection (c)(2). 
(2) REPRESENTATION.—The Secretary shall ensure that the 
membership of the advisory panel is fairly balanced in terms 
of the points of view represented and the functions to be per-
formed by the advisory panel. 
(3) INCLUSION.—The advisory panel shall include experts 
in ecological restoration, fire ecology, fire management, rural 
economic development, strategies for ecological adaptation to 
climate change, fish and wildlife ecology, and woody biomass 
and small-diameter tree utilization. 
(f) COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND.— 
(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a fund, to be known as the ‘‘Collaborative 
Forest Landscape Restoration Fund’’, to be used to pay up 
to 50 percent of the cost of carrying out and monitoring 
ecological restoration treatments on National Forest System 
land for each proposal selected to be carried out under sub-
section (d). 
(2) INCLUSION.—The cost of carrying out ecological restora-
tion treatments as provided in paragraph (1) may, as the Sec-
retary determines to be appropriate, include cancellation and 
termination costs required to be obligated for contracts to carry 
out ecological restoration treatments on National Forest System 
land for each proposal selected to be carried out under sub-
section (d). 
(3) CONTENTS.—The Fund shall consist of such amounts 
as are appropriated to the Fund under paragraph (6). 
(4) EXPENDITURES FROM FUND.— 
(A) IN GENERAL.—On request by the Secretary, the 
Secretary of the Treasury shall transfer from the Fund 
to the Secretary such amounts as the Secretary determines 
are appropriate, in accordance with paragraph (1). 
(B) LIMITATION.—The Secretary shall not expend 
money from the Fund on any 1 proposal— 
(i) during a period of more than 10 fiscal years; 
or 
(ii) in excess of $4,000,000 in any 1 fiscal year. 
(5) ACCOUNTING AND REPORTING SYSTEM.—The Secretary 
shall establish an accounting and reporting system for the 
Fund. 
Establishment. 
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123 STAT. 1146 
PUBLIC LAW 111–11—MAR. 30, 2009 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Fund $40,000,000 for each of 
fiscal years 2009 through 2019, to remain available until 
expended. 
(g) PROGRAM IMPLEMENTATION AND MONITORING.— 
(1) WORK PLAN.—Not later than 180 days after the date 
on which a proposal is selected to be carried out, the Secretary 
shall create, in collaboration with the interested persons, an 
implementation work plan and budget to implement the pro-
posal that includes— 
(A) a description of the manner in which the proposal 
would be implemented to achieve ecological and community 
economic benefit, including capacity building to accomplish 
restoration; 
(B) a business plan that addresses— 
(i) the anticipated unit treatment cost reductions 
over 10 years; 
(ii) the anticipated costs for infrastructure needed 
for the proposal; 
(iii) the projected sustainability of the supply of 
woody biomass and small-diameter trees removed in 
ecological restoration treatments; and 
(iv) the projected local economic benefits of the 
proposal; 
(C) documentation of the non-Federal investment in 
the priority landscape, including the sources and uses of 
the investments; and 
(D) a plan to decommission any temporary roads estab-
lished to carry out the proposal. 
(2) PROJECT IMPLEMENTATION.—Amounts transferred to the 
Secretary from the Fund shall be used to carry out ecological 
restoration treatments that are— 
(A) consistent with the proposal and strategy; and 
(B) 
identified 
through 
the 
collaborative 
process 
described in subsection (b)(2). 
(3) ANNUAL REPORT.—The Secretary, in collaboration with 
the Secretary of the Interior and interested persons, shall pre-
pare an annual report on the accomplishments of each selected 
proposal that includes— 
(A) a description of all acres (or other appropriate 
unit) treated and restored through projects implementing 
the strategy; 
(B) an evaluation of progress, including performance 
measures and how prior year evaluations have contributed 
to improved project performance; 
(C) a description of community benefits achieved, 
including any local economic benefits; 
(D) the results of the multiparty monitoring, evalua-
tion, and accountability process under paragraph (4); and 
(E) a summary of the costs of— 
(i) treatments; and 
(ii) relevant fire management activities. 
(4) MULTIPARTY
MONITORING.—The Secretary shall, in 
collaboration with the Secretary of the Interior and interested 
persons, use a multiparty monitoring, evaluation, and account-
ability process to assess the positive or negative ecological, 
social, and economic effects of projects implementing a selected 
Deadline. 
Budget. 
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123 STAT. 1147 
PUBLIC LAW 111–11—MAR. 30, 2009 
proposal for not less than 15 years after project implementation 
commences. 
(h) REPORT.—Not later than 5 years after the first fiscal year 
in which funding is made available to carry out ecological restora-
tion projects under the program, and every 5 years thereafter, 
the Secretary, in consultation with the Secretary of the Interior, 
shall submit a report on the program, including an assessment 
of whether, and to what extent, the program is fulfilling the pur-
poses of this title, to— 
(1) the Committee on Energy and Natural Resources of 
the Senate; 
(2) the Committee on Appropriations of the Senate; 
(3) the Committee on Natural Resources of the House of 
Representatives; and 
(4) the Committee on Appropriations of the House of Rep-
resentatives. 
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary and 
the Secretary of the Interior such sums as are necessary to carry 
out this title. 
TITLE V—RIVERS AND TRAILS 
Subtitle A—Additions to the National Wild 
and Scenic Rivers System 
SEC. 5001. FOSSIL CREEK, ARIZONA. 
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) (as amended by section 1852) is amended by adding at 
the end the following: 
‘‘(205) FOSSIL CREEK, ARIZONA.—Approximately 16.8 miles 
of Fossil Creek from the confluence of Sand Rock and Calf 
Pen Canyons to the confluence with the Verde River, to be 
administered by the Secretary of Agriculture in the following 
classes: 
‘‘(A) The approximately 2.7-mile segment from the con-
fluence of Sand Rock and Calf Pen Canyons to the point 
where the segment exits the Fossil Spring Wilderness, 
as a wild river. 
‘‘(B) The approximately 7.5-mile segment from where 
the segment exits the Fossil Creek Wilderness to the 
boundary of the Mazatzal Wilderness, as a recreational 
river. 
‘‘(C) The 6.6-mile segment from the boundary of the 
Mazatzal Wilderness downstream to the confluence with 
the Verde River, as a wild river.’’. 
SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Craig 
Thomas Snake Headwaters Legacy Act of 2008’’. 
(b) FINDINGS; PURPOSES.— 
(1) FINDINGS.—Congress finds that— 
(A) the headwaters of the Snake River System in north-
west Wyoming feature some of the cleanest sources of 
Craig Thomas 
Snake 
Headwaters 
Legacy Act 
of 2008. 
16 USC 1271 
note. 
16 USC 7304. 
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123 STAT. 1148 
PUBLIC LAW 111–11—MAR. 30, 2009 
freshwater, healthiest native trout fisheries, and most 
intact rivers and streams in the lower 48 States; 
(B) the rivers and streams of the headwaters of the 
Snake River System— 
(i) provide unparalleled fishing, hunting, boating, 
and other recreational activities for— 
(I) local residents; and 
(II) millions of visitors from around the world; 
and 
(ii) are national treasures; 
(C) each year, recreational activities on the rivers and 
streams of the headwaters of the Snake River System 
generate millions of dollars for the economies of— 
(i) Teton County, Wyoming; and 
(ii) Lincoln County, Wyoming; 
(D) to ensure that future generations of citizens of 
the United States enjoy the benefits of the rivers and 
streams of the headwaters of the Snake River System, 
Congress should apply the protections provided by the Wild 
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those 
rivers and streams; and 
(E) the designation of the rivers and streams of the 
headwaters of the Snake River System under the Wild 
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify 
to the citizens of the United States the importance of 
maintaining the outstanding and remarkable qualities of 
the Snake River System while— 
(i) preserving public access to those rivers and 
streams; 
(ii) respecting private property rights (including 
existing water rights); and 
(iii) continuing to allow historic uses of the rivers 
and streams. 
(2) PURPOSES.—The purposes of this section are— 
(A) to protect for current and future generations of 
citizens of the United States the outstandingly remarkable 
scenic, natural, wildlife, fishery, recreational, scientific, his-
toric, and ecological values of the rivers and streams of 
the headwaters of the Snake River System, while con-
tinuing to deliver water and operate and maintain valuable 
irrigation water infrastructure; and 
(B) to designate approximately 387.7 miles of the rivers 
and streams of the headwaters of the Snake River System 
as additions to the National Wild and Scenic Rivers System. 
(c) DEFINITIONS.—In this section: 
(1) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of Agriculture (acting through the 
Chief of the Forest Service), with respect to each river 
segment described in paragraph (205) of section 3(a) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 
added by subsection (d)) that is not located in— 
(i) Grand Teton National Park; 
(ii) Yellowstone National Park; 
(iii) the John D. Rockefeller, Jr. Memorial Park-
way; or 
(iv) the National Elk Refuge; and 
16 USC 1274 
note. 
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123 STAT. 1149 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) the Secretary of the Interior, with respect to each 
river segment described in paragraph (205) of section 3(a) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
(as added by subsection (d)) that is located in— 
(i) Grand Teton National Park; 
(ii) Yellowstone National Park; 
(iii) the John D. Rockefeller, Jr. Memorial Park-
way; or 
(iv) the National Elk Refuge. 
(2) STATE.—The term ‘‘State’’ means the State of Wyoming. 
(d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER HEAD-
WATERS, WYOMING.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended 
by adding at the end the following: 
‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.—The following 
segments of the Snake River System, in the State of Wyoming: 
‘‘(A) BAILEY
CREEK.—The 7-mile segment of Bailey 
Creek, from the divide with the Little Greys River north 
to its confluence with the Snake River, as a wild river. 
‘‘(B) BLACKROCK CREEK.—The 22-mile segment from 
its source to the Bridger-Teton National Forest boundary, 
as a scenic river. 
‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.—The portions 
of the Buffalo Fork of the Snake River, consisting of— 
‘‘(i) the 55-mile segment consisting of the North 
Fork, the Soda Fork, and the South Fork, upstream 
from Turpin Meadows, as a wild river; 
‘‘(ii) the 14-mile segment from Turpin Meadows 
to the upstream boundary of Grand Teton National 
Park, as a scenic river; and 
‘‘(iii) the 7.7-mile segment from the upstream 
boundary of Grand Teton National Park to its con-
fluence with the Snake River, as a scenic river. 
‘‘(D) CRYSTAL CREEK.—The portions of Crystal Creek, 
consisting of— 
‘‘(i) the 14-mile segment from its source to the 
Gros Ventre Wilderness boundary, as a wild river; 
and 
‘‘(ii) the 5-mile segment from the Gros Ventre 
Wilderness boundary to its confluence with the Gros 
Ventre River, as a scenic river. 
‘‘(E) GRANITE CREEK.—The portions of Granite Creek, 
consisting of— 
‘‘(i) the 12-mile segment from its source to the 
end of Granite Creek Road, as a wild river; and 
‘‘(ii) the 9.5-mile segment from Granite Hot 
Springs to the point 1 mile upstream from its con-
fluence with the Hoback River, as a scenic river. 
‘‘(F) GROS VENTRE RIVER.—The portions of the Gros 
Ventre River, consisting of— 
‘‘(i) the 16.5-mile segment from its source to 
Darwin Ranch, as a wild river; 
‘‘(ii) the 39-mile segment from Darwin Ranch to 
the upstream boundary of Grand Teton National Park, 
excluding the section along Lower Slide Lake, as a 
scenic river; and 
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123 STAT. 1150 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(iii) the 3.3-mile segment flowing across the 
southern boundary of Grand Teton National Park to 
the Highlands Drive Loop Bridge, as a scenic river. 
‘‘(G) HOBACK RIVER.—The 10-mile segment from the 
point 10 miles upstream from its confluence with the Snake 
River to its confluence with the Snake River, as a rec-
reational river. 
‘‘(H) LEWIS RIVER.—The portions of the Lewis River, 
consisting of— 
‘‘(i) the 5-mile segment from Shoshone Lake to 
Lewis Lake, as a wild river; and 
‘‘(ii) the 12-mile segment from the outlet of Lewis 
Lake to its confluence with the Snake River, as a 
scenic river. 
‘‘(I) PACIFIC CREEK.—The portions of Pacific Creek, con-
sisting of— 
‘‘(i) the 22.5-mile segment from its source to the 
Teton Wilderness boundary, as a wild river; and 
‘‘(ii) the 11-mile segment from the Wilderness 
boundary to its confluence with the Snake River, as 
a scenic river. 
‘‘(J) SHOAL CREEK.—The 8-mile segment from its source 
to the point 8 miles downstream from its source, as a 
wild river. 
‘‘(K) SNAKE RIVER.—The portions of the Snake River, 
consisting of— 
‘‘(i) the 47-mile segment from its source to Jackson 
Lake, as a wild river; 
‘‘(ii) the 24.8-mile segment from 1 mile downstream 
of Jackson Lake Dam to 1 mile downstream of the 
Teton Park Road bridge at Moose, Wyoming, as a 
scenic river; and 
‘‘(iii) the 19-mile segment from the mouth of the 
Hoback River to the point 1 mile upstream from the 
Highway 89 bridge at Alpine Junction, as a rec-
reational river, the boundary of the western edge of 
the corridor for the portion of the segment extending 
from the point 3.3 miles downstream of the mouth 
of the Hoback River to the point 4 miles downstream 
of the mouth of the Hoback River being the ordinary 
high water mark. 
‘‘(L) WILLOW CREEK.—The 16.2-mile segment from the 
point 16.2 miles upstream from its confluence with the 
Hoback River to its confluence with the Hoback River, 
as a wild river. 
‘‘(M) WOLF CREEK.—The 7-mile segment from its source 
to its confluence with the Snake River, as a wild river.’’. 
(e) MANAGEMENT.— 
(1) IN GENERAL.—Each river segment described in para-
graph (205) of section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) (as added by subsection (d)) shall be man-
aged by the Secretary concerned. 
(2) MANAGEMENT PLAN.— 
(A) IN
GENERAL.—In accordance with subparagraph 
(A), not later than 3 years after the date of enactment 
of this Act, the Secretary concerned shall develop a manage-
ment plan for each river segment described in paragraph 
Deadline. 
16 USC 1274 
note. 
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123 STAT. 1151 
PUBLIC LAW 111–11—MAR. 30, 2009 
(205) of section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) (as added by subsection (d)) that is 
located in an area under the jurisdiction of the Secretary 
concerned. 
(B) REQUIRED
COMPONENT.—Each management plan 
developed by the Secretary concerned under subparagraph 
(A) shall contain, with respect to the river segment that 
is the subject of the plan, a section that contains an anal-
ysis and description of the availability and compatibility 
of future development with the wild and scenic character 
of the river segment (with particular emphasis on each 
river segment that contains 1 or more parcels of private 
land). 
(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER 
SEGMENTS.— 
(A) The Secretary concerned shall apply for the quan-
tification of the water rights reserved by each river segment 
designated by this section in accordance with the proce-
dural requirements of the laws of the State of Wyoming. 
(B) For the purpose of the quantification of water rights 
under this subsection, with respect to each Wild and Scenic 
River segment designated by this section— 
(i) the purposes for which the segments are des-
ignated, as set forth in this section, are declared to 
be beneficial uses; and 
(ii) the priority date of such right shall be the 
date of enactment of this Act. 
(4) STREAM GAUGES.—Consistent with the Wild and Scenic 
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry 
out activities at United States Geological Survey stream gauges 
that are located on the Snake River (including tributaries of 
the Snake River), including flow measurements and operation, 
maintenance, and replacement. 
(5) CONSENT OF PROPERTY OWNER.—No property or interest 
in property located within the boundaries of any river segment 
described in paragraph (205) of section 3(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
(d)) may be acquired by the Secretary without the consent 
of the owner of the property or interest in property. 
(6) EFFECT OF DESIGNATIONS.— 
(A) IN GENERAL.—Nothing in this section affects valid 
existing rights, including— 
(i) all interstate water compacts in existence on 
the date of enactment of this Act (including full 
development of any apportionment made in accordance 
with the compacts); 
(ii) water rights in the States of Idaho and 
Wyoming; and 
(iii) water rights held by the United States. 
(B) JACKSON LAKE; JACKSON LAKE DAM.—Nothing in 
this section shall affect the management and operation 
of Jackson Lake or Jackson Lake Dam, including the stor-
age, management, and release of water. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
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123 STAT. 1152 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. 
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended 
by adding at the end the following: 
‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The main stem 
of the Taunton River from its headwaters at the confluence 
of the Town and Matfield Rivers in the Town of Bridgewater 
downstream 40 miles to the confluence with the Quequechan 
River at the Route 195 Bridge in the City of Fall River, to 
be administered by the Secretary of the Interior in cooperation 
with the Taunton River Stewardship Council as follows: 
‘‘(A) The 18-mile segment from the confluence of the 
Town and Matfield Rivers to Route 24 in the Town of 
Raynham, as a scenic river. 
‘‘(B) The 5-mile segment from Route 24 to 0.5 miles 
below Weir Bridge in the City of Taunton, as a recreational 
river. 
‘‘(C) The 8-mile segment from 0.5 miles below Weir 
Bridge to Muddy Cove in the Town of Dighton, as a scenic 
river. 
‘‘(D) The 9-mile segment from Muddy Cove to the con-
fluence with the Quequechan River at the Route 195 Bridge 
in the City of Fall River, as a recreational river.’’. 
(b) MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.— 
(1) TAUNTON RIVER STEWARDSHIP PLAN.— 
(A) IN GENERAL.—Each river segment designated by 
section 3(a)(206) of the Wild and Scenic Rivers Act (as 
added by subsection (a)) shall be managed in accordance 
with the Taunton River Stewardship Plan, dated July 2005 
(including any amendment to the Taunton River Steward-
ship Plan that the Secretary of the Interior (referred to 
in this subsection as the ‘‘Secretary’’) determines to be 
consistent with this section). 
(B) EFFECT.—The Taunton River Stewardship Plan 
described in subparagraph (A) shall be considered to satisfy 
each requirement relating to the comprehensive manage-
ment plan required under section 3(d) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(d)). 
(2) COOPERATIVE AGREEMENTS.—To provide for the long- 
term protection, preservation, and enhancement of each river 
segment designated by section 3(a)(206) of the Wild and Scenic 
Rivers Act (as added by subsection (a)), pursuant to sections 
10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e) and 1282(b)(1)), the Secretary may enter into coopera-
tive agreements (which may include provisions for financial 
and other assistance) with— 
(A) the Commonwealth of Massachusetts (including 
political subdivisions of the Commonwealth of Massachu-
setts); 
(B) the Taunton River Stewardship Council; and 
(C) any appropriate nonprofit organization, as deter-
mined by the Secretary. 
(3) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding 
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(c)), each river segment designated by section 3(a)(206) 
of the Wild and Scenic Rivers Act (as added by subsection 
(a)) shall not be— 
16 USC 1274 
note. 
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123 STAT. 1153 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) administered as a unit of the National Park 
System; or 
(B) subject to the laws (including regulations) that 
govern the administration of the National Park System. 
(4) LAND MANAGEMENT.— 
(A) ZONING
ORDINANCES.—The zoning ordinances 
adopted 
by 
the 
Towns 
of 
Bridgewater, 
Halifax, 
Middleborough, Raynham, Berkley, Dighton, Freetown, and 
Somerset, and the Cities of Taunton and Fall River, 
Massachusetts (including any provision of the zoning ordi-
nances relating to the conservation of floodplains, wetlands, 
and watercourses associated with any river segment des-
ignated by section 3(a)(206) of the Wild and Scenic Rivers 
Act (as added by subsection (a))), shall be considered to 
satisfy each standard and requirement described in section 
6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). 
(B) VILLAGES.—For the purpose of section 6(c) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town 
described in subparagraph (A) shall be considered to be 
a village. 
(C) ACQUISITION OF LAND.— 
(i) LIMITATION OF AUTHORITY OF SECRETARY.—With 
respect to each river segment designated by section 
3(a)(206) of the Wild and Scenic Rivers Act (as added 
by subsection (a)), the Secretary may only acquire par-
cels of land— 
(I) by donation; or 
(II) with the consent of the owner of the parcel 
of land. 
(ii) PROHIBITION RELATING TO ACQUISITION OF LAND 
BY
CONDEMNATION.—In accordance with section 6(c) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), 
with respect to each river segment designated by sec-
tion 3(a)(206) of the Wild and Scenic Rivers Act (as 
added by subsection (a)), the Secretary may not acquire 
any parcel of land by condemnation. 
Subtitle B—Wild and Scenic Rivers Studies 
SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY. 
(a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at 
the end the following: 
‘‘(140) MISSISQUOI
AND
TROUT
RIVERS, VERMONT.—The 
approximately 25-mile segment of the upper Missisquoi from 
its headwaters in Lowell to the Canadian border in North 
Troy, the approximately 25-mile segment from the Canadian 
border in East Richford to Enosburg Falls, and the approxi-
mately 20-mile segment of the Trout River from its headwaters 
to its confluence with the Missisquoi River.’’. 
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end 
the following: 
‘‘(19) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later 
than 3 years after the date on which funds are made available 
to carry out this paragraph, the Secretary of the Interior shall— 
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123 STAT. 1154 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(A) complete the study of the Missisquoi and Trout 
Rivers, Vermont, described in subsection (a)(140); and 
‘‘(B) submit a report describing the results of that 
study to the appropriate committees of Congress.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
Subtitle C—Additions to the National 
Trails System 
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. 
Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended by adding at the end the following: 
‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— 
‘‘(A) IN GENERAL.—The Arizona National Scenic Trail, 
extending approximately 807 miles across the State of 
Arizona from the U.S.–Mexico international border to the 
Arizona–Utah border, as generally depicted on the map 
entitled ‘Arizona National Scenic Trail’ and dated December 
5, 2007, to be administered by the Secretary of Agriculture, 
in consultation with the Secretary of the Interior and appro-
priate State, tribal, and local governmental agencies. 
‘‘(B) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in appropriate offices 
of the Forest Service.’’. 
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL. 
(a) AUTHORIZATION AND ADMINISTRATION.—Section 5(a) of the 
National Trails System Act (16 U.S.C. 1244(a)) (as amended by 
section 5201) is amended by adding at the end the following: 
‘‘(28) NEW
ENGLAND
NATIONAL
SCENIC
TRAIL.—The New 
England National Scenic Trail, a continuous trail extending 
approximately 220 miles from the border of New Hampshire 
in the town of Royalston, Massachusetts to Long Island Sound 
in the town of Guilford, Connecticut, as generally depicted 
on the map titled ‘New England National Scenic Trail Proposed 
Route’, numbered T06/80,000, and dated October 2007. The 
map shall be on file and available for public inspection in 
the appropriate offices of the National Park Service. The Sec-
retary of the Interior, in consultation with appropriate Federal, 
State, tribal, regional, and local agencies, and other organiza-
tions, shall administer the trail after considering the rec-
ommendations of the report titled the ‘Metacomet Monadnock 
Mattabesset Trail System National Scenic Trail Feasibility 
Study and Environmental Assessment’, prepared by the 
National Park Service, and dated Spring 2006. The United 
States shall not acquire for the trail any land or interest 
in land without the consent of the owner.’’. 
(b) MANAGEMENT.—The Secretary of the Interior (referred to 
in this section as the ‘‘Secretary’’) shall consider the actions outlined 
in the Trail Management Blueprint described in the report titled 
the ‘‘Metacomet Monadnock Mattabesett Trail System National 
Scenic Trail Feasibility Study and Environmental Assessment’’, pre-
pared by the National Park Service, and dated Spring 2006, as 
the framework for management and administration of the New 
16 USC 1244 
note. 
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123 STAT. 1155 
PUBLIC LAW 111–11—MAR. 30, 2009 
England National Scenic Trail. Additional or more detailed plans 
for administration, management, protection, access, maintenance, 
or development of the trail may be developed consistent with the 
Trail Management Blueprint, and as approved by the Secretary. 
(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized 
to enter into cooperative agreements with the Commonwealth of 
Massachusetts (and its political subdivisions), the State of Con-
necticut (and its political subdivisions), and other regional, local, 
and private organizations deemed necessary and desirable to accom-
plish cooperative trail administrative, management, and protection 
objectives consistent with the Trail Management Blueprint. An 
agreement under this subsection may include provisions for limited 
financial assistance to encourage participation in the planning, 
acquisition, protection, operation, development, or maintenance of 
the trail. 
(d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to section 6 of 
the National Trails System Act (16 U.S.C. 1245), the Secretary 
is encouraged to work with the State of New Hampshire and appro-
priate local and private organizations to include that portion of 
the Metacomet-Monadnock Trail in New Hampshire (which lies 
between Royalston, Massachusetts and Jaffrey, New Hampshire) 
as a component of the New England National Scenic Trail. Inclusion 
of this segment, as well as other potential side or connecting trails, 
is contingent upon written application to the Secretary by appro-
priate State and local jurisdictions and a finding by the Secretary 
that trail management and administration is consistent with the 
Trail Management Blueprint. 
SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. 
(a) FINDINGS; PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) at the end of the last Ice Age, some 12,000 to 
17,000 years ago, a series of cataclysmic floods occurred 
in what is now the northwest region of the United States, 
leaving a lasting mark of dramatic and distinguishing fea-
tures on the landscape of parts of the States of Montana, 
Idaho, Washington and Oregon; 
(B) geological features that have exceptional value and 
quality to illustrate and interpret this extraordinary nat-
ural phenomenon are present on Federal, State, tribal, 
county, municipal, and private land in the region; and 
(C) in 2001, a joint study team headed by the National 
Park Service that included about 70 members from public 
and private entities completed a study endorsing the 
establishment of an Ice Age Floods National Geologic 
Trail— 
(i) to recognize the national significance of this 
phenomenon; and 
(ii) to coordinate public and private sector entities 
in the presentation of the story of the Ice Age floods. 
(2) PURPOSE.—The purpose of this section is to designate 
the Ice Age Floods National Geologic Trail in the States of 
Montana, Idaho, Washington, and Oregon, enabling the public 
to view, experience, and learn about the features and story 
of the Ice Age floods through the collaborative efforts of public 
and private entities. 
(b) DEFINITIONS.—In this section: 
State listing. 
16 USC 1244 
note. 
16 USC 1244 
note. 
16 USC 1244 
note. 
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123 STAT. 1156 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice Age floods’’ 
or ‘‘floods’’ means the cataclysmic floods that occurred in what 
is now the northwestern United States during the last Ice 
Age from massive, rapid and recurring drainage of Glacial 
Lake Missoula. 
(2) PLAN.—The term ‘‘plan’’ means the cooperative manage-
ment and interpretation plan authorized under subsection (f)(5). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) TRAIL.—The term ‘‘Trail’’ means the Ice Age Floods 
National Geologic Trail designated by subsection (c). 
(c) DESIGNATION.—In order to provide for public appreciation, 
understanding, and enjoyment of the nationally significant natural 
and cultural features of the Ice Age floods and to promote collabo-
rative efforts for interpretation and education among public and 
private entities located along the pathways of the floods, there 
is designated the Ice Age Floods National Geologic Trail. 
(d) LOCATION.— 
(1) MAP.—The route of the Trail shall be as generally 
depicted on the map entitled ‘‘Ice Age Floods National Geologic 
Trail,’’ numbered P43/80,000 and dated June 2004. 
(2) ROUTE.—The route shall generally follow public roads 
and highways. 
(3) REVISION.—The Secretary may revise the map by 
publication in the Federal Register of a notice of availability 
of a new map as part of the plan. 
(e) MAP AVAILABILITY.—The map referred to in subsection (d)(1) 
shall be on file and available for public inspection in the appropriate 
offices of the National Park Service. 
(f) ADMINISTRATION.— 
(1) IN
GENERAL.—The Secretary, acting through the 
Director of the National Park Service, shall administer the 
Trail in accordance with this section. 
(2) LIMITATION.—Except as provided in paragraph (6)(B), 
the Trail shall not be considered to be a unit of the National 
Park System. 
(3) TRAIL MANAGEMENT OFFICE.—To improve management 
of the Trail and coordinate Trail activities with other public 
agencies and private entities, the Secretary may establish and 
operate a trail management office at a central location within 
the vicinity of the Trail. 
(4) INTERPRETIVE
FACILITIES.—The Secretary may plan, 
design, and construct interpretive facilities for sites associated 
with the Trail if the facilities are constructed in partnership 
with State, local, tribal, or non-profit entities and are consistent 
with the plan. 
(5) MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 3 years after funds 
are made available to carry out this section, the Secretary 
shall prepare a cooperative management and interpretation 
plan for the Trail. 
(B) CONSULTATION.—The Secretary shall prepare the 
plan in consultation with— 
(i) State, local, and tribal governments; 
(ii) the Ice Age Floods Institute; 
(iii) private property owners; and 
(iv) other interested parties. 
Deadline. 
Federal Register, 
publication. 
Notice. 
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123 STAT. 1157 
PUBLIC LAW 111–11—MAR. 30, 2009 
(C) CONTENTS.—The plan shall— 
(i) confirm and, if appropriate, expand on the 
inventory of features of the floods contained in the 
National Park Service study entitled ‘‘Ice Age Floods, 
Study of Alternatives and Environmental Assessment’’ 
(February 2001) by— 
(I) locating features more accurately; 
(II) improving the description of features; and 
(III) reevaluating the features in terms of their 
interpretive potential; 
(ii) review and, if appropriate, modify the map 
of the Trail referred to in subsection (d)(1); 
(iii) describe strategies for the coordinated develop-
ment of the Trail, including an interpretive plan for 
facilities, waysides, roadside pullouts, exhibits, media, 
and programs that present the story of the floods to 
the public effectively; and 
(iv) identify potential partnering opportunities in 
the development of interpretive facilities and edu-
cational programs to educate the public about the story 
of the floods. 
(6) COOPERATIVE MANAGEMENT.— 
(A) IN GENERAL.—In order to facilitate the development 
of coordinated interpretation, education, resource steward-
ship, visitor facility development and operation, and sci-
entific research associated with the Trail and to promote 
more efficient administration of the sites associated with 
the Trail, the Secretary may enter into cooperative manage-
ment agreements with appropriate officials in the States 
of Montana, Idaho, Washington, and Oregon in accordance 
with the authority provided for units of the National Park 
System under section 3(l) of Public Law 91–383 (16 U.S.C. 
1a–2(l)). 
(B) AUTHORITY.—For purposes of this paragraph only, 
the Trail shall be considered a unit of the National Park 
System. 
(7) COOPERATIVE AGREEMENTS.—The Secretary may enter 
into cooperative agreements with public or private entities to 
carry out this section. 
(8) EFFECT ON PRIVATE PROPERTY RIGHTS.—Nothing in this 
section— 
(A) requires any private property owner to allow public 
access (including Federal, State, or local government 
access) to private property; or 
(B) modifies any provision of Federal, State, or local 
law with respect to public access to or use of private land. 
(9) LIABILITY.—Designation of the Trail by subsection (c) 
does not create any liability for, or affect any liability under 
any law of, any private property owner with respect to any 
person injured on the private property. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, of which not more than $12,000,000 may be used for 
development of the Trail. 
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123 STAT. 1158 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 
5204. 
WASHINGTON-ROCHAMBEAU 
REVOLUTIONARY 
ROUTE 
NATIONAL HISTORIC TRAIL. 
Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) (as amended by section 5202(a)) is amended by adding 
at the end the following: 
‘‘(29) WASHINGTON-ROCHAMBEAU
REVOLUTIONARY
ROUTE 
NATIONAL HISTORIC TRAIL.— 
‘‘(A) 
IN
GENERAL.—The 
Washington-Rochambeau 
Revolutionary Route National Historic Trail, a corridor of 
approximately 600 miles following the route taken by the 
armies of General George Washington and Count Rocham-
beau between Newport, Rhode Island, and Yorktown, Vir-
ginia, in 1781 and 1782, as generally depicted on the map 
entitled 
‘WASHINGTON-ROCHAMBEAU 
REVOLU-
TIONARY ROUTE NATIONAL HISTORIC TRAIL’, num-
bered T01/80,001, and dated June 2007. 
‘‘(B) MAP.—The map referred to in subparagraph (A) 
shall be on file and available for public inspection in the 
appropriate offices of the National Park Service. 
‘‘(C) ADMINISTRATION.—The trail shall be administered 
by the Secretary of the Interior, in consultation with— 
‘‘(i) other Federal, State, tribal, regional, and local 
agencies; and 
‘‘(ii) the private sector. 
‘‘(D) LAND ACQUISITION.—The United States shall not 
acquire for the trail any land or interest in land outside 
the exterior boundary of any federally-managed area with-
out the consent of the owner of the land or interest in 
land.’’. 
SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL. 
Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) (as amended by section 5204) is amended by adding at 
the end the following: 
‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.— 
‘‘(A) IN
GENERAL.—The Pacific Northwest National 
Scenic Trail, a trail of approximately 1,200 miles, extending 
from the Continental Divide in Glacier National Park, Mon-
tana, to the Pacific Ocean Coast in Olympic National Park, 
Washington, following the route depicted on the map enti-
tled ‘Pacific Northwest National Scenic Trail: Proposed 
Trail’, numbered T12/80,000, and dated February 2008 
(referred to in this paragraph as the ‘map’). 
‘‘(B) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate offices 
of the Forest Service. 
‘‘(C) ADMINISTRATION.—The Pacific Northwest National 
Scenic Trail shall be administered by the Secretary of 
Agriculture. 
‘‘(D) LAND ACQUISITION.—The United States shall not 
acquire for the Pacific Northwest National Scenic Trail 
any land or interest in land outside the exterior boundary 
of any federally-managed area without the consent of the 
owner of the land or interest in land.’’. 
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123 STAT. 1159 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL. 
Section 5(a)(16) of the National Trails System Act (16 U.S.C. 
1244(a)(16)) is amended as follows: 
(1) By amending subparagraph (C) to read as follows: 
‘‘(C) In addition to the areas otherwise designated 
under this paragraph, the following routes and land compo-
nents by which the Cherokee Nation was removed to Okla-
homa are components of the Trail of Tears National His-
toric Trail, as generally described in the environmentally 
preferred alternative of the November 2007 Feasibility 
Study Amendment and Environmental Assessment for 
Trail of Tears National Historic Trail: 
‘‘(i) The Benge and Bell routes. 
‘‘(ii) The land components of the designated water 
routes in Alabama, Arkansas, Oklahoma, and Ten-
nessee. 
‘‘(iii) The routes from the collection forts in Ala-
bama, Georgia, North Carolina, and Tennessee to the 
emigration depots. 
‘‘(iv) The related campgrounds located along the 
routes and land components described in clauses (i) 
through (iii).’’. 
(2) In subparagraph (D)— 
(A) by striking the first sentence; and 
(B) by adding at the end the following: ‘‘No lands 
or interests in lands outside the exterior boundaries of 
any federally administered area may be acquired by the 
Federal Government for the Trail of Tears National Historic 
Trail except with the consent of the owner thereof.’’. 
Subtitle D—National Trail System 
Amendments 
SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY. 
(a) AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR 
CERTAIN TRAILS.— 
(1) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)(3) of 
the National Trails System Act (16 U.S.C. 1244(a)(3)) is 
amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land. The authority of the Federal Government 
to acquire fee title under this paragraph shall be limited to 
an average of not more than 1⁄4 mile on either side of the 
trail.’’. 
(2) MORMON PIONEER NATIONAL HISTORIC TRAIL.—Section 
5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) 
is amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land. The authority of the Federal Government 
to acquire fee title under this paragraph shall be limited to 
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123 STAT. 1160 
PUBLIC LAW 111–11—MAR. 30, 2009 
an average of not more than 1⁄4 mile on either side of the 
trail.’’. 
(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.—Section 
5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) 
is amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land. The authority of the Federal Government 
to acquire fee title under this paragraph shall be limited to 
an average of not more than 1⁄4 mile on either side of the 
trail.’’. 
(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL.—Section 
5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) 
is amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land. The authority of the Federal Government 
to acquire fee title under this paragraph shall be limited to 
an average of not more than 1⁄4 mile on either side of the 
trail.’’. 
(5) IDITAROD NATIONAL HISTORIC TRAIL.—Section 5(a)(7) of 
the National Trails System Act (16 U.S.C. 1244(a)(7)) is 
amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land. The authority of the Federal Government 
to acquire fee title under this paragraph shall be limited to 
an average of not more than 1⁄4 mile on either side of the 
trail.’’. 
(6) NORTH
COUNTRY
NATIONAL
SCENIC
TRAIL.—Section 
5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) 
is amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land.’’. 
(7) ICE AGE NATIONAL SCENIC TRAIL.—Section 5(a)(10) of 
the National Trails System Act (16 U.S.C. 1244(a)(10)) is 
amended by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any federally 
administered area may be acquired by the Federal Government 
for the trail except with the consent of the owner of the land 
or interest in land.’’. 
(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL.—Section 
5(a)(11) of the National Trails System Act (16 U.S.C. 
1244(a)(11)) is amended— 
(A) by striking the fourth and fifth sentences; and 
(B) by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any 
federally administered area may be acquired by the Federal 
Government for the trail except with the consent of the 
owner of the land or interest in land.’’. 
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123 STAT. 1161 
PUBLIC LAW 111–11—MAR. 30, 2009 
(9) NEZ PERCE NATIONAL HISTORIC TRAIL.—Section 5(a)(14) 
of the National Trails System Act (16 U.S.C. 1244(a)(14)) is 
amended— 
(A) by striking the fourth and fifth sentences; and 
(B) by adding at the end the following: ‘‘No land or 
interest in land outside the exterior boundaries of any 
federally administered area may be acquired by the Federal 
Government for the trail except with the consent of the 
owner of the land or interest in land. The authority of 
the Federal Government to acquire fee title under this 
paragraph shall be limited to an average of not more than 
1⁄4 mile on either side of the trail.’’. 
(b) CONFORMING AMENDMENT.—Section 10 of the National 
Trails System Act (16 U.S.C. 1249) is amended by striking sub-
section (c) and inserting the following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
Act, there are authorized to be appropriated such sums as 
are necessary to implement the provisions of this Act relating 
to the trails designated by section 5(a). 
‘‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.— 
‘‘(A) IN GENERAL.—With respect to the Natchez Trace 
National Scenic Trail (referred to in this paragraph as 
the ‘trail’) designated by section 5(a)(12)— 
‘‘(i) not more than $500,000 shall be appropriated 
for the acquisition of land or interests in land for 
the trail; and 
‘‘(ii) not more than $2,000,000 shall be appro-
priated for the development of the trail. 
‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS.—The 
administering agency for the trail shall encourage volunteer 
trail groups to participate in the development of the trail.’’. 
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF 
EXISTING NATIONAL HISTORIC TRAILS. 
Section 5 of the National Trails System Act (16 U.S.C. 1244) 
is amended by adding at the end the following: 
‘‘(g) REVISION
OF FEASIBILITY
AND SUITABILITY STUDIES
OF 
EXISTING NATIONAL HISTORIC TRAILS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ROUTE.—The term ‘route’ includes a trail segment 
commonly known as a cutoff. 
‘‘(B) SHARED ROUTE.—The term ‘shared route’ means 
a route that was a segment of more than 1 historic trail, 
including a route shared with an existing national historic 
trail. 
‘‘(2) REQUIREMENTS FOR REVISION.— 
‘‘(A) IN GENERAL.—The Secretary of the Interior shall 
revise the feasibility and suitability studies for certain 
national trails for consideration of possible additions to 
the trails. 
‘‘(B) STUDY
REQUIREMENTS
AND
OBJECTIVES.—The 
study requirements and objectives specified in subsection 
(b) shall apply to a study required by this subsection. 
‘‘(C) COMPLETION AND SUBMISSION OF STUDY.—A study 
listed in this subsection shall be completed and submitted 
Deadline. 
Applicability. 
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123 STAT. 1162 
PUBLIC LAW 111–11—MAR. 30, 2009 
to Congress not later than 3 complete fiscal years from 
the date funds are made available for the study. 
‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— 
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 
shall undertake a study of the routes of the Oregon Trail 
listed in subparagraph (B) and generally depicted on the 
map entitled ‘Western Emigrant Trails 1830/1870’ and 
dated 1991/1993, and of such other routes of the Oregon 
Trail that the Secretary considers appropriate, to determine 
the feasibility and suitability of designation of 1 or more 
of the routes as components of the Oregon National Historic 
Trail. 
‘‘(B) COVERED ROUTES.—The routes to be studied under 
subparagraph (A) shall include the following: 
‘‘(i) Whitman Mission route. 
‘‘(ii) Upper Columbia River. 
‘‘(iii) Cowlitz River route. 
‘‘(iv) Meek cutoff. 
‘‘(v) Free Emigrant Road. 
‘‘(vi) North Alternate Oregon Trail. 
‘‘(vii) Goodale’s cutoff. 
‘‘(viii) North Side alternate route. 
‘‘(ix) Cutoff to Barlow road. 
‘‘(x) Naches Pass Trail. 
‘‘(4) PONY EXPRESS NATIONAL HISTORIC TRAIL.—The Sec-
retary of the Interior shall undertake a study of the approxi-
mately 20-mile southern alternative route of the Pony Express 
Trail from Wathena, Kansas, to Troy, Kansas, and such other 
routes of the Pony Express Trail that the Secretary considers 
appropriate, to determine the feasibility and suitability of des-
ignation of 1 or more of the routes as components of the 
Pony Express National Historic Trail. 
‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 
shall undertake a study of the Missouri Valley, central, 
and western routes of the California Trail listed in subpara-
graph (B) and generally depicted on the map entitled 
‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, 
and of such other and shared Missouri Valley, central, 
and western routes that the Secretary considers appro-
priate, to determine the feasibility and suitability of des-
ignation of 1 or more of the routes as components of the 
California National Historic Trail. 
‘‘(B) COVERED ROUTES.—The routes to be studied under 
subparagraph (A) shall include the following: 
‘‘(i) MISSOURI VALLEY ROUTES.— 
‘‘(I) Blue Mills-Independence Road. 
‘‘(II) Westport Landing Road. 
‘‘(III) Westport-Lawrence Road. 
‘‘(IV) Fort Leavenworth-Blue River route. 
‘‘(V) Road to Amazonia. 
‘‘(VI) Union Ferry Route. 
‘‘(VII) Old Wyoming-Nebraska City cutoff. 
‘‘(VIII) Lower Plattsmouth Route. 
‘‘(IX) Lower Bellevue Route. 
‘‘(X) Woodbury cutoff. 
‘‘(XI) Blue Ridge cutoff. 
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123 STAT. 1163 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(XII) Westport Road. 
‘‘(XIII) Gum Springs-Fort Leavenworth route. 
‘‘(XIV) Atchison/Independence Creek routes. 
‘‘(XV) Fort Leavenworth-Kansas River route. 
‘‘(XVI) Nebraska City cutoff routes. 
‘‘(XVII) Minersville-Nebraska City Road. 
‘‘(XVIII) Upper Plattsmouth route. 
‘‘(XIX) Upper Bellevue route. 
‘‘(ii) CENTRAL ROUTES.— 
‘‘(I) Cherokee Trail, including splits. 
‘‘(II) Weber Canyon route of Hastings cutoff. 
‘‘(III) Bishop Creek cutoff. 
‘‘(IV) McAuley cutoff. 
‘‘(V) Diamond Springs cutoff. 
‘‘(VI) Secret Pass. 
‘‘(VII) Greenhorn cutoff. 
‘‘(VIII) Central Overland Trail. 
‘‘(iii) WESTERN ROUTES.— 
‘‘(I) Bidwell-Bartleson route. 
‘‘(II) Georgetown/Dagget Pass Trail. 
‘‘(III) Big Trees Road. 
‘‘(IV) Grizzly Flat cutoff. 
‘‘(V) Nevada City Road. 
‘‘(VI) Yreka Trail. 
‘‘(VII) Henness Pass route. 
‘‘(VIII) Johnson cutoff. 
‘‘(IX) Luther Pass Trail. 
‘‘(X) Volcano Road. 
‘‘(XI) Sacramento-Coloma Wagon Road. 
‘‘(XII) Burnett cutoff. 
‘‘(XIII) Placer County Road to Auburn. 
‘‘(6) MORMON PIONEER NATIONAL HISTORIC TRAIL.— 
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 
shall undertake a study of the routes of the Mormon Pio-
neer Trail listed in subparagraph (B) and generally 
depicted in the map entitled ‘Western Emigrant Trails 
1830/1870’ and dated 1991/1993, and of such other routes 
of the Mormon Pioneer Trail that the Secretary considers 
appropriate, to determine the feasibility and suitability 
of designation of 1 or more of the routes as components 
of the Mormon Pioneer National Historic Trail. 
‘‘(B) COVERED ROUTES.—The routes to be studied under 
subparagraph (A) shall include the following: 
‘‘(i) 1846 Subsequent routes A and B (Lucas and 
Clarke Counties, Iowa). 
‘‘(ii) 1856–57 Handcart route (Iowa City to Council 
Bluffs). 
‘‘(iii) Keokuk route (Iowa). 
‘‘(iv) 1847 Alternative Elkhorn and Loup River 
Crossings in Nebraska. 
‘‘(v) Fort Leavenworth Road; Ox Bow route and 
alternates in Kansas and Missouri (Oregon and Cali-
fornia Trail routes used by Mormon emigrants). 
‘‘(vi) 1850 Golden Pass Road in Utah. 
‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES.— 
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123 STAT. 1164 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 
shall undertake a study of the shared routes of the Cali-
fornia Trail and Oregon Trail listed in subparagraph (B) 
and generally depicted on the map entitled ‘Western 
Emigrant Trails 1830/1870’ and dated 1991/1993, and of 
such other shared routes that the Secretary considers 
appropriate, to determine the feasibility and suitability 
of designation of 1 or more of the routes as shared compo-
nents of the California National Historic Trail and the 
Oregon National Historic Trail. 
‘‘(B) COVERED ROUTES.—The routes to be studied under 
subparagraph (A) shall include the following: 
‘‘(i) St. Joe Road. 
‘‘(ii) Council Bluffs Road. 
‘‘(iii) Sublette cutoff. 
‘‘(iv) Applegate route. 
‘‘(v) Old Fort Kearny Road (Oxbow Trail). 
‘‘(vi) Childs cutoff. 
‘‘(vii) Raft River to Applegate.’’. 
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES. 
Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following: 
‘‘(44) CHISHOLM TRAIL.— 
‘‘(A) IN
GENERAL.—The Chisholm Trail (also known 
as the ‘Abilene Trail’), from the vicinity of San Antonio, 
Texas, segments from the vicinity of Cuero, Texas, to Ft. 
Worth, Texas, Duncan, Oklahoma, alternate segments used 
through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, 
Wichita, Kansas, Abilene, Kansas, and commonly used seg-
ments running to alternative Kansas destinations. 
‘‘(B) REQUIREMENT.—In conducting the study required 
under this paragraph, the Secretary of the Interior shall 
identify the point at which the trail originated south of 
San Antonio, Texas. 
‘‘(45) GREAT WESTERN TRAIL.— 
‘‘(A) IN
GENERAL.—The Great Western Trail (also 
known as the ‘Dodge City Trail’), from the vicinity of San 
Antonio, Texas, north-by-northwest through the vicinities 
of Kerrville and Menard, Texas, north-by-northeast through 
the vicinities of Coleman and Albany, Texas, north through 
the vicinity of Vernon, Texas, to Doan’s Crossing, Texas, 
northward through or near the vicinities of Altus, Lone 
Wolf, Canute, Vici, and May, Oklahoma, north through 
Kansas to Dodge City, and north through Nebraska to 
Ogallala. 
‘‘(B) REQUIREMENT.—In conducting the study required 
under this paragraph, the Secretary of the Interior shall 
identify the point at which the trail originated south of 
San Antonio, Texas.’’. 
Subtitle E—Effect of Title 
SEC. 5401. EFFECT. 
(a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.—Nothing 
in this title shall be construed as affecting access for recreational 
16 USC 1244 
note. 
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123 STAT. 1165 
PUBLIC LAW 111–11—MAR. 30, 2009 
activities otherwise allowed by law or regulation, including hunting, 
fishing, or trapping. 
(b) EFFECT ON STATE AUTHORITY.—Nothing in this title shall 
be construed as affecting the authority, jurisdiction, or responsibility 
of the several States to manage, control, or regulate fish and resi-
dent wildlife under State law or regulations, including the regula-
tion of hunting, fishing, and trapping. 
TITLE VI—DEPARTMENT OF THE 
INTERIOR AUTHORIZATIONS 
Subtitle A—Cooperative Watershed 
Management Program 
SEC. 6001. DEFINITIONS. 
In this subtitle: 
(1) AFFECTED
STAKEHOLDER.—The term ‘‘affected stake-
holder’’ means an entity that significantly affects, or is signifi-
cantly affected by, the quality or quantity of water in a water-
shed, as determined by the Secretary. 
(2) GRANT RECIPIENT.—The term ‘‘grant recipient’’ means 
a watershed group that the Secretary has selected to receive 
a grant under section 6002(c)(2). 
(3) PROGRAM.—The term ‘‘program’’ means the Cooperative 
Watershed Management Program established by the Secretary 
under section 6002(a). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) WATERSHED
GROUP.—The term ‘‘watershed group’’ 
means a self-sustaining, cooperative watershed-wide group 
that— 
(A) is comprised of representatives of the affected 
stakeholders of the relevant watershed; 
(B) incorporates the perspectives of a diverse array 
of stakeholders, including, to the maximum extent prac-
ticable— 
(i) representatives of— 
(I) hydroelectric production; 
(II) livestock grazing; 
(III) timber production; 
(IV) land development; 
(V) recreation or tourism; 
(VI) irrigated agricultural production; 
(VII) the environment; 
(VIII) potable water purveyors and industrial 
water users; and 
(IX) private property owners within the water-
shed; 
(ii) any Federal agency that has authority with 
respect to the watershed; 
(iii) any State agency that has authority with 
respect to the watershed; 
(iv) any local agency that has authority with 
respect to the watershed; and 
(v) any Indian tribe that— 
16 USC 1015. 
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123 STAT. 1166 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) owns land within the watershed; or 
(II) has land in the watershed that is held 
in trust; 
(C) is a grassroots, nonregulatory entity that addresses 
water availability and quality issues within the relevant 
watershed; 
(D) is capable of promoting the sustainable use of 
the water resources of the relevant watershed and 
improving the functioning condition of rivers and streams 
through— 
(i) water conservation; 
(ii) improved water quality; 
(iii) ecological resiliency; and 
(iv) the reduction of water conflicts; and 
(E) makes decisions on a consensus basis, as defined 
in the bylaws of the watershed group. 
(6) WATERSHED MANAGEMENT PROJECT.—The term ‘‘water-
shed management project’’ means any project (including a dem-
onstration project) that— 
(A) enhances water conservation, including alternative 
water uses; 
(B) improves water quality; 
(C) improves ecological resiliency of a river or stream; 
(D) reduces the potential for water conflicts; or 
(E) advances any other goals associated with water 
quality or quantity that the Secretary determines to be 
appropriate. 
SEC. 6002. PROGRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish a program, 
to be known as the ‘‘Cooperative Watershed Management Program’’, 
under which the Secretary shall provide grants— 
(1)(A) to form a watershed group; or 
(B) to enlarge a watershed group; and 
(2) to conduct 1 or more projects in accordance with the 
goals of a watershed group. 
(b) APPLICATION.— 
(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall establish— 
(A) an application process for the program; and 
(B) in consultation with the States, prioritization and 
eligibility criteria for considering applications submitted 
in accordance with the application process. 
(c) DISTRIBUTION OF GRANT FUNDS.— 
(1) IN GENERAL.—In distributing grant funds under this 
section, the Secretary— 
(A) shall comply with paragraph (2); and 
(B) may give priority to watershed groups that— 
(i) represent maximum diversity of interests; or 
(ii) serve subbasin-sized watersheds with an 8- 
digit hydrologic unit code, as defined by the United 
States Geological Survey. 
(2) FUNDING PROCEDURE.— 
(A) FIRST PHASE.— 
Deadline. 
Deadline. 
Grants. 
16 USC 1015a. 
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123 STAT. 1167 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) IN
GENERAL.—The Secretary may provide to 
a grant recipient a first-phase grant in an amount 
not greater than $100,000 each year for a period of 
not more than 3 years. 
(ii) MANDATORY USE OF FUNDS.—A grant recipient 
that receives a first-phase grant shall use the funds— 
(I) to establish or enlarge a watershed group; 
(II) to develop a mission statement for the 
watershed group; 
(III) to develop project concepts; and 
(IV) to develop a restoration plan. 
(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— 
(I) DETERMINATION.—For each year of a first- 
phase grant, not later than 270 days after the 
date on which a grant recipient first receives grant 
funds for the year, the Secretary shall determine 
whether the grant recipient has made sufficient 
progress during the year to justify additional 
funding. 
(II) EFFECT OF DETERMINATION.—If the Sec-
retary determines under subclause (I) that the 
progress of a grant recipient during the year cov-
ered by the determination justifies additional 
funding, the Secretary shall provide to the grant 
recipient grant funds for the following year. 
(iv) ADVANCEMENT CONDITIONS.—A grant recipient 
shall not be eligible to receive a second-phase grant 
under subparagraph (B) until the date on which the 
Secretary determines that the watershed group— 
(I) has approved articles of incorporation and 
bylaws governing the organization; and 
(II)(aa) holds regular meetings; 
(bb) has completed a mission statement; and 
(cc) has developed a restoration plan and 
project concepts for the watershed. 
(v) EXCEPTION.—A watershed group that has not 
applied for or received first-phase grants may apply 
for and receive second-phase grants under subpara-
graph (B) if the Secretary determines that the group 
has satisfied the requirements of first-phase grants. 
(B) SECOND PHASE.— 
(i) IN GENERAL.—A watershed group may apply 
for and receive second-phase grants of $1,000,000 each 
year for a period of not more than 4 years if— 
(I) the watershed group has applied for and 
received watershed grants under subparagraph 
(A); or 
(II) the Secretary determines that the water-
shed group has satisfied the requirements of first- 
phase grants. 
(ii) MANDATORY USE OF FUNDS.—A grant recipient 
that receives a second-phase grant shall use the funds 
to plan and carry out watershed management projects. 
(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— 
(I) DETERMINATION.—For each year of the 
second-phase grant, not later than 270 days after 
the date on which a grant recipient first receives 
Deadline. 
Deadline. 
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123 STAT. 1168 
PUBLIC LAW 111–11—MAR. 30, 2009 
grant funds for the year, the Secretary shall deter-
mine whether the grant recipient has made suffi-
cient progress during the year to justify additional 
funding. 
(II) EFFECT OF DETERMINATION.—If the Sec-
retary determines under subclause (I) that the 
progress of a grant recipient during the year justi-
fies additional funding, the Secretary shall provide 
to the grant recipient grant funds for the following 
year. 
(iv) ADVANCEMENT CONDITION.—A grant recipient 
shall not be eligible to receive a third-phase grant 
under subparagraph (C) until the date on which the 
Secretary determines that the grant recipient has— 
(I) completed each requirement of the second- 
phase grant; and 
(II) demonstrated that 1 or more pilot projects 
of the grant recipient have resulted in demon-
strable improvements, as determined by the Sec-
retary, in the functioning condition of at least 1 
river or stream in the watershed. 
(C) THIRD PHASE.— 
(i) FUNDING LIMITATION.— 
(I) IN GENERAL.—Except as provided in sub-
clause (II), the Secretary may provide to a grant 
recipient a third-phase grant in an amount not 
greater than $5,000,000 for a period of not more 
than 5 years. 
(II) EXCEPTION.—The Secretary may provide 
to a grant recipient a third-phase grant in an 
amount that is greater than the amount described 
in subclause (I) if the Secretary determines that 
the grant recipient is capable of using the addi-
tional amount to further the purposes of the pro-
gram in a way that could not otherwise be achieved 
by the grant recipient using the amount described 
in subclause (I). 
(ii) MANDATORY USE OF FUNDS.—A grant recipient 
that receives a third-phase grant shall use the funds 
to plan and carry out at least 1 watershed management 
project. 
(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND 
OTHER COSTS.—A grant recipient that receives a grant under 
this section may use the funds— 
(A) to pay for— 
(i) administrative and coordination costs, if the 
costs are not greater than the lesser of— 
(I) 20 percent of the total amount of the grant; 
or 
(II) $100,000; 
(ii) the salary of not more than 1 full-time 
employee of the watershed group; and 
(iii) any legal fees arising from the establishment 
of the relevant watershed group; and 
(B) to fund— 
(i) water quality and quantity studies of the rel-
evant watershed; and 
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123 STAT. 1169 
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(ii) the planning, design, and implementation of 
any projects relating to water quality or quantity. 
(d) COST SHARE.— 
(1) PLANNING.—The Federal share of the cost of an activity 
provided assistance through a first-phase grant shall be 100 
percent. 
(2) PROJECTS CARRIED OUT UNDER SECOND PHASE.— 
(A) IN
GENERAL.—The Federal share of the cost of 
any activity of a watershed management project provided 
assistance through a second-phase grant shall not exceed 
50 percent of the total cost of the activity. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share under subparagraph (A) may be in the form of in- 
kind contributions. 
(3) PROJECTS CARRIED OUT UNDER THIRD PHASE.— 
(A) IN GENERAL.—The Federal share of the costs of 
any activity of a watershed group of a grant recipient 
relating to a watershed management project provided 
assistance through a third-phase grant shall not exceed 
50 percent of the total costs of the watershed management 
project. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share under subparagraph (A) may be in the form of in- 
kind contributions. 
(e) ANNUAL REPORTS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
on which a grant recipient first receives funds under this sec-
tion, and annually thereafter, in accordance with paragraph 
(2), the watershed group shall submit to the Secretary a report 
that describes the progress of the watershed group. 
(2) REQUIRED
DEGREE
OF
DETAIL.—The contents of an 
annual report required under paragraph (1) shall contain suffi-
cient information to enable the Secretary to complete each 
report required under subsection (f), as determined by the 
Secretary. 
(f) REPORT.—Not later than 5 years after the date of enactment 
of this Act, and every 5 years thereafter, the Secretary shall submit 
to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Represent-
atives a report that describes— 
(1) the ways in which the program assists the Secretary— 
(A) in addressing water conflicts; 
(B) in conserving water; 
(C) in improving water quality; and 
(D) in improving the ecological resiliency of a river 
or stream; and 
(2) benefits that the program provides, including, to the 
maximum extent practicable, a quantitative analysis of eco-
nomic, social, and environmental benefits. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $2,000,000 for each of fiscal years 2008 and 2009; 
(2) $5,000,000 for fiscal year 2010; 
(3) $10,000,000 for fiscal year 2011; and 
(4) $20,000,000 for each of fiscal years 2012 through 2020. 
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123 STAT. 1170 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 6003. EFFECT OF SUBTITLE. 
Nothing in this subtitle affects the applicability of any Federal, 
State, or local law with respect to any watershed group. 
Subtitle B—Competitive Status for Federal 
Employees in Alaska 
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES 
IN THE STATE OF ALASKA. 
Section 1308 of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3198) is amended by adding at the end the 
following: 
‘‘(e) COMPETITIVE STATUS.— 
‘‘(1) IN GENERAL.—Nothing in subsection (a) provides that 
any person hired pursuant to the program established under 
that subsection is not eligible for competitive status in the 
same manner as any other employee hired as part of the 
competitive service. 
‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.— 
‘‘(A) PERSONS
SERVING
IN
ORIGINAL
POSITIONS.—Not 
later than 60 days after the date of enactment of this 
subsection, with respect to any person hired into a perma-
nent position pursuant to the program established under 
subsection (a) who is serving in that position as of the 
date of enactment of this subsection, the Secretary shall 
redesignate that position and the person serving in that 
position as having been part of the competitive service 
as of the date that the person was hired into that position. 
‘‘(B) PERSONS NO LONGER SERVING IN ORIGINAL POSI-
TIONS.—With respect to any person who was hired pursuant 
to the program established under subsection (a) that is 
no longer serving in that position as of the date of enact-
ment of this subsection— 
‘‘(i) the person may provide to the Secretary a 
request for redesignation of the service as part of the 
competitive service that includes evidence of the 
employment; and 
‘‘(ii) not later than 90 days of the submission of 
a request under clause (i), the Secretary shall redesig-
nate the service of the person as being part of the 
competitive service.’’. 
Subtitle C—Wolf Livestock Loss 
Demonstration Project 
SEC. 6201. DEFINITIONS. 
In this subtitle: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(2) LIVESTOCK.—The term ‘‘livestock’’ means cattle, swine, 
horses, mules, sheep, goats, livestock guard animals, and other 
domestic animals, as determined by the Secretary. 
7 USC 426 note. 
Deadlines. 
16 USC 1015b. 
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123 STAT. 1171 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) PROGRAM.—The term ‘‘program’’ means the demonstra-
tion program established under section 6202(a). 
(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agriculture, acting 
jointly. 
SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM. 
(a) IN GENERAL.—The Secretaries shall establish a 5-year dem-
onstration program to provide grants to States and Indian tribes— 
(1) to assist livestock producers in undertaking proactive, 
non-lethal activities to reduce the risk of livestock loss due 
to predation by wolves; and 
(2) to compensate livestock producers for livestock losses 
due to such predation. 
(b) CRITERIA AND REQUIREMENTS.—The Secretaries shall— 
(1) establish criteria and requirements to implement the 
program; and 
(2) when promulgating regulations to implement the pro-
gram under paragraph (1), consult with States that have imple-
mented State programs that provide assistance to— 
(A) livestock producers to undertake proactive activities 
to reduce the risk of livestock loss due to predation by 
wolves; or 
(B) provide compensation to livestock producers for 
livestock losses due to such predation. 
(c) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), a State or Indian tribe shall— 
(1) designate an appropriate agency of the State or Indian 
tribe to administer the 1 or more programs funded by the 
grant; 
(2) establish 1 or more accounts to receive grant funds; 
(3) maintain files of all claims received under programs 
funded by the grant, including supporting documentation; 
(4) submit to the Secretary— 
(A) annual reports that include— 
(i) a summary of claims and expenditures under 
the program during the year; and 
(ii) a description of any action taken on the claims; 
and 
(B) such other reports as the Secretary may require 
to assist the Secretary in determining the effectiveness 
of activities provided assistance under this section; and 
(5) promulgate rules for reimbursing livestock producers 
under the program. 
(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate 
funding made available to carry out this subtitle— 
(1) equally between the uses identified in paragraphs (1) 
and (2) of subsection (a); and 
(2) among States and Indian tribes based on— 
(A) the level of livestock predation in the State or 
on the land owned by, or held in trust for the benefit 
of, the Indian tribe; 
(B) whether the State or Indian tribe is located in 
a geographical area that is at high risk for livestock preda-
tion; or 
(C) any other factors that the Secretaries determine 
are appropriate. 
Regulations. 
Reports. 
Records. 
Consultation. 
Grants. 
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123 STAT. 1172 
PUBLIC LAW 111–11—MAR. 30, 2009 
(e) ELIGIBLE LAND.—Activities and losses described in sub-
section (a) may occur on Federal, State, or private land, or land 
owned by, or held in trust for the benefit of, an Indian tribe. 
(f) FEDERAL COST SHARE.—The Federal share of the cost of 
any activity provided assistance made available under this subtitle 
shall not exceed 50 percent of the total cost of the activity. 
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out this subtitle 
$1,000,000 for fiscal year 2009 and each fiscal year thereafter. 
Subtitle D—Paleontological Resources 
Preservation 
SEC. 6301. DEFINITIONS. 
In this subtitle: 
(1) CASUAL
COLLECTING.—The term ‘‘casual collecting’’ 
means the collecting of a reasonable amount of common inverte-
brate and plant paleontological resources for non-commercial 
personal use, either by surface collection or the use of non- 
powered hand tools resulting in only negligible disturbance 
to the Earth’s surface and other resources. As used in this 
paragraph, the terms ‘‘reasonable amount’’, ‘‘common inverte-
brate and plant paleontological resources’’ and ‘‘negligible 
disturbance’’ shall be determined by the Secretary. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means— 
(A) land controlled or administered by the Secretary 
of the Interior, except Indian land; or 
(B) National Forest System land controlled or adminis-
tered by the Secretary of Agriculture. 
(3) INDIAN LAND.—The term ‘‘Indian Land’’ means land 
of Indian tribes, or Indian individuals, which are either held 
in trust by the United States or subject to a restriction against 
alienation imposed by the United States. 
(4) PALEONTOLOGICAL RESOURCE.—The term ‘‘paleontolog-
ical resource’’ means any fossilized remains, traces, or imprints 
of organisms, preserved in or on the earth’s crust, that are 
of paleontological interest and that provide information about 
the history of life on earth, except that the term does not 
include— 
(A) any materials associated with an archaeological 
resource (as defined in section 3(1) of the Archaeological 
Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or 
(B) any cultural item (as defined in section 2 of the 
Native American Graves Protection and Repatriation Act 
(25 U.S.C. 3001)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior with respect to land controlled or administered 
by the Secretary of the Interior or the Secretary of Agriculture 
with respect to National Forest System land controlled or 
administered by the Secretary of Agriculture. 
(6) STATE.—The term ‘‘State’’ means the 50 States, the 
District of Columbia, the Commonwealth of Puerto Rico, and 
any other territory or possession of the United States. 
16 USC 470aaa. 
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123 STAT. 1173 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 6302. MANAGEMENT. 
(a) IN GENERAL.—The Secretary shall manage and protect 
paleontological resources on Federal land using scientific principles 
and expertise. The Secretary shall develop appropriate plans for 
inventory, monitoring, and the scientific and educational use of 
paleontological resources, in accordance with applicable agency 
laws, regulations, and policies. These plans shall emphasize inter-
agency coordination and collaborative efforts where possible with 
non-Federal partners, the scientific community, and the general 
public. 
(b) COORDINATION.—To the extent possible, the Secretary of 
the Interior and the Secretary of Agriculture shall coordinate in 
the implementation of this subtitle. 
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM. 
The Secretary shall establish a program to increase public 
awareness about the significance of paleontological resources. 
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES. 
(a) PERMIT REQUIREMENT.— 
(1) IN GENERAL.—Except as provided in this subtitle, a 
paleontological resource may not be collected from Federal land 
without a permit issued under this subtitle by the Secretary. 
(2) CASUAL COLLECTING EXCEPTION.—The Secretary shall 
allow casual collecting without a permit on Federal land con-
trolled or administered by the Bureau of Land Management, 
the Bureau of Reclamation, and the Forest Service, where 
such collection is consistent with the laws governing the 
management of those Federal land and this subtitle. 
(3) PREVIOUS PERMIT EXCEPTION.—Nothing in this section 
shall affect a valid permit issued prior to the date of enactment 
of this Act. 
(b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Secretary may 
issue a permit for the collection of a paleontological resource pursu-
ant to an application if the Secretary determines that— 
(1) the applicant is qualified to carry out the permitted 
activity; 
(2) the permitted activity is undertaken for the purpose 
of furthering paleontological knowledge or for public education; 
(3) the permitted activity is consistent with any manage-
ment plan applicable to the Federal land concerned; and 
(4) the proposed methods of collecting will not threaten 
significant natural or cultural resources. 
(c) PERMIT SPECIFICATIONS.—A permit for the collection of a 
paleontological resource issued under this section shall contain 
such terms and conditions as the Secretary deems necessary to 
carry out the purposes of this subtitle. Every permit shall include 
requirements that— 
(1) the paleontological resource that is collected from Fed-
eral land under the permit will remain the property of the 
United States; 
(2) the paleontological resource and copies of associated 
records will be preserved for the public in an approved reposi-
tory, to be made available for scientific research and public 
education; and 
16 USC 
470aaa–3. 
16 USC 
470aaa–2. 
Plans. 
16 USC 
470aaa–1. 
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123 STAT. 1174 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) specific locality data will not be released by the per-
mittee or repository without the written permission of the Sec-
retary. 
(d) MODIFICATION, SUSPENSION, AND REVOCATION OF PERMITS.— 
(1) The Secretary may modify, suspend, or revoke a permit 
issued under this section— 
(A) for resource, safety, or other management consider-
ations; or 
(B) when there is a violation of term or condition 
of a permit issued pursuant to this section. 
(2) The permit shall be revoked if any person working 
under the authority of the permit is convicted under section 
6306 or is assessed a civil penalty under section 6307. 
(e) AREA CLOSURES.—In order to protect paleontological or other 
resources or to provide for public safety, the Secretary may restrict 
access to or close areas under the Secretary’s jurisdiction to the 
collection of paleontological resources. 
SEC. 6305. CURATION OF RESOURCES. 
Any paleontological resource, and any data and records associ-
ated with the resource, collected under a permit, shall be deposited 
in an approved repository. The Secretary may enter into agreements 
with non-Federal repositories regarding the curation of these 
resources, data, and records. 
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. 
(a) IN GENERAL.—A person may not— 
(1) excavate, remove, damage, or otherwise alter or deface 
or attempt to excavate, remove, damage, or otherwise alter 
or deface any paleontological resources located on Federal land 
unless such activity is conducted in accordance with this sub-
title; 
(2) exchange, transport, export, receive, or offer to 
exchange, transport, export, or receive any paleontological 
resource if the person knew or should have known such resource 
to have been excavated or removed from Federal land in viola-
tion of any provisions, rule, regulation, law, ordinance, or 
permit in effect under Federal law, including this subtitle; 
or 
(3) sell or purchase or offer to sell or purchase any paleon-
tological resource if the person knew or should have known 
such resource to have been excavated, removed, sold, purchased, 
exchanged, transported, or received from Federal land. 
(b) FALSE LABELING OFFENSES.—A person may not make or 
submit any false record, account, or label for, or any false identifica-
tion of, any paleontological resource excavated or removed from 
Federal land. 
(c) PENALTIES.—A person who knowingly violates or counsels, 
procures, solicits, or employs another person to violate subsection 
(a) or (b) shall, upon conviction, be fined in accordance with title 
18, United States Code, or imprisoned not more than 5 years, 
or both; but if the sum of the commercial and paleontological 
value of the paleontological resources involved and the cost of 
restoration and repair of such resources does not exceed $500, 
such person shall be fined in accordance with title 18, United 
States Code, or imprisoned not more than 2 years, or both. 
16 USC 
470aaa–5. 
16 USC 
470aaa–4. 
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123 STAT. 1175 
PUBLIC LAW 111–11—MAR. 30, 2009 
(d) MULTIPLE OFFENSES.—In the case of a second or subsequent 
violation by the same person, the amount of the penalty assessed 
under subsection (c) may be doubled. 
(e) GENERAL EXCEPTION.—Nothing in subsection (a) shall apply 
to any person with respect to any paleontological resource which 
was in the lawful possession of such person prior to the date 
of enactment of this Act. 
SEC. 6307. CIVIL PENALTIES. 
(a) IN GENERAL.— 
(1) HEARING.—A person who violates any prohibition con-
tained in an applicable regulation or permit issued under this 
subtitle may be assessed a penalty by the Secretary after the 
person is given notice and opportunity for a hearing with 
respect to the violation. Each violation shall be considered 
a separate offense for purposes of this section. 
(2) AMOUNT
OF
PENALTY.—The amount of such penalty 
assessed under paragraph (1) shall be determined under regula-
tions promulgated pursuant to this subtitle, taking into account 
the following factors: 
(A) The scientific or fair market value, whichever is 
greater, of the paleontological resource involved, as deter-
mined by the Secretary. 
(B) The cost of response, restoration, and repair of 
the resource and the paleontological site involved. 
(C) Any other factors considered relevant by the Sec-
retary assessing the penalty. 
(3) MULTIPLE OFFENSES.—In the case of a second or subse-
quent violation by the same person, the amount of a penalty 
assessed under paragraph (2) may be doubled. 
(4) LIMITATION.—The amount of any penalty assessed 
under this subsection for any 1 violation shall not exceed an 
amount equal to double the cost of response, restoration, and 
repair of resources and paleontological site damage plus double 
the scientific or fair market value of resources destroyed or 
not recovered. 
(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID 
ASSESSMENTS.— 
(1) JUDICIAL REVIEW.—Any person against whom an order 
is issued assessing a penalty under subsection (a) may file 
a petition for judicial review of the order in the United States 
District Court for the District of Columbia or in the district 
in which the violation is alleged to have occurred within the 
30-day period beginning on the date the order making the 
assessment was issued. Upon notice of such filing, the Secretary 
shall promptly file such a certified copy of the record on which 
the order was issued. The court shall hear the action on the 
record made before the Secretary and shall sustain the action 
if it is supported by substantial evidence on the record consid-
ered as a whole. 
(2) FAILURE TO PAY.—If any person fails to pay a penalty 
under this section within 30 days— 
(A) after the order making assessment has become 
final and the person has not filed a petition for judicial 
review of the order in accordance with paragraph (1); or 
(B) after a court in an action brought in paragraph 
(1) has entered a final judgment upholding the assessment 
Records. 
Deadlines. 
Regulations. 
Notification. 
16 USC 
470aaa–6. 
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123 STAT. 1176 
PUBLIC LAW 111–11—MAR. 30, 2009 
of the penalty, the Secretary may request the Attorney 
General to institute a civil action in a district court of 
the United States for any district in which the person 
if found, resides, or transacts business, to collect the pen-
alty (plus interest at currently prevailing rates from the 
date of the final order or the date of the final judgment, 
as the case may be). The district court shall have jurisdic-
tion to hear and decide any such action. In such action, 
the validity, amount, and appropriateness of such penalty 
shall not be subject to review. Any person who fails to 
pay on a timely basis the amount of an assessment of 
a civil penalty as described in the first sentence of this 
paragraph shall be required to pay, in addition to such 
amount and interest, attorneys fees and costs for collection 
proceedings. 
(c) HEARINGS.—Hearings held during proceedings instituted 
under subsection (a) shall be conducted in accordance with section 
554 of title 5, United States Code. 
(d) USE OF RECOVERED AMOUNTS.—Penalties collected under 
this section shall be available to the Secretary and without further 
appropriation may be used only as follows: 
(1) To protect, restore, or repair the paleontological 
resources and sites which were the subject of the action, and 
to protect, monitor, and study the resources and sites. 
(2) To provide educational materials to the public about 
paleontological resources and sites. 
(3) To provide for the payment of rewards as provided 
in section 6308. 
SEC. 6308. REWARDS AND FORFEITURE. 
(a) REWARDS.—The Secretary may pay from penalties collected 
under section 6306 or 6307 or from appropriated funds— 
(1) consistent with amounts established in regulations by 
the Secretary; or 
(2) if no such regulation exists, an amount up to 1⁄2 of 
the penalties, to any person who furnishes information which 
leads to the finding of a civil violation, or the conviction of 
criminal violation, with respect to which the penalty was paid. 
If several persons provided the information, the amount shall 
be divided among the persons. No officer or employee of the 
United States or of any State or local government who furnishes 
information or renders service in the performance of his official 
duties shall be eligible for payment under this subsection. 
(b) FORFEITURE.—All paleontological resources with respect to 
which a violation under section 6306 or 6307 occurred and which 
are in the possession of any person, shall be subject to civil for-
feiture, or upon conviction, to criminal forfeiture. 
(c) TRANSFER
OF
SEIZED
RESOURCES.—The Secretary may 
transfer administration of seized paleontological resources to Fed-
eral or non-Federal educational institutions to be used for scientific 
or educational purposes. 
SEC. 6309. CONFIDENTIALITY. 
Information concerning the nature and specific location of a 
paleontological resource shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code, and any other law unless 
the Secretary determines that disclosure would— 
(1) further the purposes of this subtitle; 
16 USC 
470aaa–8. 
16 USC 
470aaa–7. 
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123 STAT. 1177 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) not create risk of harm to or theft or destruction of 
the resource or the site containing the resource; and 
(3) be in accordance with other applicable laws. 
SEC. 6310. REGULATIONS. 
As soon as practical after the date of enactment of this Act, 
the Secretary shall issue such regulations as are appropriate to 
carry out this subtitle, providing opportunities for public notice 
and comment. 
SEC. 6311. SAVINGS PROVISIONS. 
Nothing in this subtitle shall be construed to— 
(1) invalidate, modify, or impose any additional restrictions 
or permitting requirements on any activities permitted at any 
time under the general mining laws, the mineral or geothermal 
leasing laws, laws providing for minerals materials disposal, 
or laws providing for the management or regulation of the 
activities authorized by the aforementioned laws including but 
not limited to the Federal Land Policy Management Act (43 
U.S.C. 1701–1784), Public Law 94–429 (commonly known as 
the ‘‘Mining in the Parks Act’’) (16 U.S.C. 1901 et seq.), the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1201–1358), and the Organic Administration Act (16 U.S.C. 
478, 482, 551); 
(2) invalidate, modify, or impose any additional restrictions 
or permitting requirements on any activities permitted at any 
time under existing laws and authorities relating to reclamation 
and multiple uses of Federal land; 
(3) apply to, or require a permit for, casual collecting of 
a rock, mineral, or invertebrate or plant fossil that is not 
protected under this subtitle; 
(4) affect any land other than Federal land or affect the 
lawful recovery, collection, or sale of paleontological resources 
from land other than Federal land; 
(5) alter or diminish the authority of a Federal agency 
under any other law to provide protection for paleontological 
resources on Federal land in addition to the protection provided 
under this subtitle; or 
(6) create any right, privilege, benefit, or entitlement for 
any person who is not an officer or employee of the United 
States acting in that capacity. No person who is not an officer 
or employee of the United States acting in that capacity shall 
have standing to file any civil action in a court of the United 
States to enforce any provision or amendment made by this 
subtitle. 
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out this subtitle. 
Subtitle E—Izembek National Wildlife 
Refuge Land Exchange 
SEC. 6401. DEFINITIONS. 
In this subtitle: 
Alaska. 
16 USC 668dd 
note. 
16 USC 
470aaa–11. 
16 USC 
470aaa–10. 
Notice. 
Public comment. 
16 USC 
470aaa–9. 
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123 STAT. 1178 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) CORPORATION.—The term ‘‘Corporation’’ means the King 
Cove Corporation. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means— 
(A) the approximately 206 acres of Federal land located 
within the Refuge, as generally depicted on the map; and 
(B) the approximately 1,600 acres of Federal land 
located on Sitkinak Island, as generally depicted on the 
map. 
(3) MAP.—The term ‘‘map’’ means each of— 
(A) the map entitled ‘‘Izembek and Alaska Peninsula 
National Wildlife Refuges’’ and dated September 2, 2008; 
and 
(B) the map entitled ‘‘Sitkinak Island–Alaska Maritime 
National Wildlife Refuge’’ and dated September 2, 2008. 
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means— 
(A) the approximately 43,093 acres of land owned by 
the State, as generally depicted on the map; and 
(B) the approximately 13,300 acres of land owned by 
the Corporation (including approximately 5,430 acres of 
land for which the Corporation shall relinquish the selec-
tion rights of the Corporation under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.) as part 
of the land exchange under section 6402(a)), as generally 
depicted on the map. 
(5) REFUGE.—The term ‘‘Refuge’’ means the Izembek 
National Wildlife Refuge. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State of Alaska. 
(8) TRIBE.—The term ‘‘Tribe’’ means the Agdaagux Tribe 
of King Cove, Alaska. 
SEC. 6402. LAND EXCHANGE. 
(a) IN GENERAL.—Upon receipt of notification by the State 
and the Corporation of the intention of the State and the Corpora-
tion to exchange the non-Federal land for the Federal land, subject 
to the conditions and requirements described in this subtitle, the 
Secretary may convey to the State all right, title, and interest 
of the United States in and to the Federal land. The Federal 
land within the Refuge shall be transferred for the purpose of 
constructing a single-lane gravel road between the communities 
of King Cove and Cold Bay, Alaska. 
(b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT 
OF 1969 AND OTHER APPLICABLE LAWS.— 
(1) IN GENERAL.—In determining whether to carry out the 
land exchange under subsection (a), the Secretary shall— 
(A) comply with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(B) except as provided in subsection (c), comply with 
any other applicable law (including regulations). 
(2) ENVIRONMENTAL IMPACT STATEMENT.— 
(A) IN GENERAL.—Not later than 60 days after the 
date on which the Secretary receives notification under 
subsection (a), the Secretary shall initiate the preparation 
of an environmental impact statement required under the 
Deadline. 
Notification. 
King Cove 
Corporation. 
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123 STAT. 1179 
PUBLIC LAW 111–11—MAR. 30, 2009 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) REQUIREMENTS.—The environmental impact state-
ment prepared under subparagraph (A) shall contain— 
(i) an analysis of— 
(I) the proposed land exchange; and 
(II) the potential construction and operation 
of a road between the communities of King Cove 
and Cold Bay, Alaska; and 
(ii) an evaluation of a specific road corridor through 
the Refuge that is identified in consultation with the 
State, the City of King Cove, Alaska, and the Tribe. 
(3) COOPERATING AGENCIES.— 
(A) IN
GENERAL.—During the preparation of the 
environmental impact statement under paragraph (2), each 
entity described in subparagraph (B) may participate as 
a cooperating agency. 
(B) AUTHORIZED ENTITIES.—An authorized entity may 
include— 
(i) any Federal agency that has permitting jurisdic-
tion over the road described in paragraph (2)(B)(i)(II); 
(ii) the State; 
(iii) the Aleutians East Borough of the State; 
(iv) the City of King Cove, Alaska; 
(v) the Tribe; and 
(vi) the Alaska Migratory Bird Co-Management 
Council. 
(c) VALUATION.—The conveyance of the Federal land and non- 
Federal land under this section shall not be subject to any require-
ment under any Federal law (including regulations) relating to 
the valuation, appraisal, or equalization of land. 
(d) PUBLIC INTEREST DETERMINATION.— 
(1) CONDITIONS
FOR
LAND
EXCHANGE.—Subject to para-
graph (2), to carry out the land exchange under subsection 
(a), the Secretary shall determine that the land exchange 
(including the construction of a road between the City of King 
Cove, Alaska, and the Cold Bay Airport) is in the public 
interest. 
(2) LIMITATION
OF
AUTHORITY
OF
SECRETARY.—The Sec-
retary may not, as a condition for a finding that the land 
exchange is in the public interest— 
(A) require the State or the Corporation to convey 
additional land to the United States; or 
(B) impose any restriction on the subsistence uses (as 
defined in section 803 of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3113)) of waterfowl 
by rural residents of the State. 
(e) KINZAROFF LAGOON.—The land exchange under subsection 
(a) shall not be carried out before the date on which the parcel 
of land owned by the State that is located in the Kinzaroff Lagoon 
has been designated by the State as a State refuge, in accordance 
with the applicable laws (including regulations) of the State. 
(f) DESIGNATION OF ROAD CORRIDOR.—In designating the road 
corridor described in subsection (b)(2)(B)(ii), the Secretary shall— 
(1) minimize the adverse impact of the road corridor on 
the Refuge; 
Waterfowl. 
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123 STAT. 1180 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) transfer the minimum acreage of Federal land that 
is required for the construction of the road corridor; and 
(3) to the maximum extent practicable, incorporate into 
the road corridor roads that are in existence as of the date 
of enactment of this Act. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The land exchange 
under subsection (a) shall be subject to any other term or condition 
that the Secretary determines to be necessary. 
SEC. 6403. KING COVE ROAD. 
(a) REQUIREMENTS RELATING TO USE, BARRIER CABLES, AND 
DIMENSIONS.— 
(1) LIMITATIONS ON USE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), any portion of the road constructed on the Federal 
land conveyed pursuant to this subtitle shall be used pri-
marily for health and safety purposes (including access 
to and from the Cold Bay Airport) and only for noncommer-
cial purposes. 
(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 
the use of taxis, commercial vans for public transportation, 
and shared rides (other than organized transportation of 
employees to a business or other commercial facility) shall 
be allowed on the road described in subparagraph (A). 
(C) REQUIREMENT OF AGREEMENT.—The limitations of 
the use of the road described in this paragraph shall be 
enforced in accordance with an agreement entered into 
between the Secretary and the State. 
(2) REQUIREMENT OF BARRIER CABLE.—The road described 
in paragraph (1)(A) shall be constructed to include a cable 
barrier on each side of the road, as described in the record 
of decision entitled ‘‘Mitigation Measure MM–11, King Cove 
Access Project Final Environmental Impact Statement Record 
of Decision’’ and dated January 22, 2004, unless a different 
type barrier is required as a mitigation measure in the Record 
of Decision for Final Environmental Impact Statement required 
in section 6402(b)(2). 
(3) REQUIRED
DIMENSIONS
AND
DESIGN
FEATURES.—The 
road described in paragraph (1)(A) shall— 
(A) have a width of not greater than a single lane, 
in accordance with the applicable road standards of the 
State; 
(B) be constructed with gravel; 
(C) be constructed to comply with any specific design 
features identified in the Record of Decision for Final 
Environmental Impact Statement required in section 
6402(b)(2) as Mitigation Measures relative to the passage 
and migration of wildlife, and also the exchange of tidal 
flows, where applicable, in accordance with applicable Fed-
eral and State design standards; and 
(D) if determined to be necessary, be constructed to 
include appropriate safety pullouts. 
(b) SUPPORT
FACILITIES.—Support facilities for the road 
described in subsection (a)(1)(A) shall not be located within the 
Refuge. 
(c) FEDERAL PERMITS.—It is the intent of Congress that any 
Federal permit required for construction of the road be issued 
Deadline. 
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123 STAT. 1181 
PUBLIC LAW 111–11—MAR. 30, 2009 
or denied not later than 1 year after the date of application for 
the permit. 
(d) APPLICABLE LAW.—Nothing in this section amends, or modi-
fies the application of, section 1110 of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3170). 
(e) MITIGATION PLAN.— 
(1) IN GENERAL.—Based on the evaluation of impacts deter-
mined through the completion of the environmental impact 
statement under section 6402(b)(2), the Secretary, in consulta-
tion with the entities described in section 6402(b)(3)(B), shall 
develop an enforceable mitigation plan. 
(2) CORRECTIVE MODIFICATIONS.—The Secretary may make 
corrective modifications to the mitigation plan developed under 
paragraph (1) if— 
(A) the mitigation standards required under the mitiga-
tion plan are maintained; and 
(B) the Secretary provides an opportunity for public 
comment with respect to any proposed corrective modifica-
tion. 
(3) AVOIDANCE OF WILDLIFE IMPACTS.—Road construction 
shall adhere to any specific mitigation measures included in 
the Record of Decision for Final Environmental Impact State-
ment required in section 6402(b)(2) that— 
(A) identify critical periods during the calendar year 
when the refuge is utilized by wildlife, especially migratory 
birds; and 
(B) include specific mandatory strategies to alter, limit 
or halt construction activities during identified high risk 
periods in order to minimize impacts to wildlife, and 
(C) allow for the timely construction of the road. 
(4) MITIGATION
OF
WETLAND
LOSS.—The plan developed 
under this subsection shall comply with section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 1344) with 
regard to minimizing, to the greatest extent practicable, the 
filling, fragmentation or loss of wetlands, especially intertidal 
wetlands, and shall evaluate mitigating effect of those wetlands 
transferred in Federal ownership under the provisions of this 
subtitle. 
SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. 
(1) FEDERAL LAND.—Upon completion of the land exchange 
under section 6402(a)— 
(A) the boundary of the land designated as wilderness 
within the Refuge shall be modified to exclude the Federal 
land conveyed to the State under the land exchange; and 
(B) the Federal land located on Sitkinak Island that 
is withdrawn for use by the Coast Guard shall, at the 
request of the State, be transferred by the Secretary to 
the State upon the relinquishment or termination of the 
withdrawal. 
(2) NON-FEDERAL
LAND.—Upon completion of the land 
exchange under section 6402(a), the non-Federal land conveyed 
to the United States under this subtitle shall be— 
(A) added to the Refuge or the Alaska Peninsula 
National Wildlife Refuge, as appropriate, as generally 
depicted on the map; and 
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123 STAT. 1182 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) administered in accordance with the laws generally 
applicable to units of the National Wildlife Refuge System. 
(3) WILDERNESS ADDITIONS.— 
(A) IN
GENERAL.—Upon completion of the land 
exchange under section 6402(a), approximately 43,093 acres 
of land as generally depicted on the map shall be added 
to— 
(i) the Izembek National Wildlife Refuge Wilder-
ness; or 
(ii) the Alaska Peninsula National Wildlife Refuge 
Wilderness. 
(B) ADMINISTRATION.—The land added as wilderness 
under subparagraph (A) shall be administered by the Sec-
retary in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.) and other applicable laws (including regula-
tions). 
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. 
(a) NOTIFICATION TO VOID LAND EXCHANGE.—If the Secretary, 
the State, and the Corporation enter into the land exchange author-
ized under section 6402(a), the State or the Corporation may notify 
the Secretary in writing of the intention of the State or Corporation 
to void the exchange if construction of the road through the Refuge 
has not begun. 
(b) DISPOSITION OF LAND EXCHANGE.—Upon the latter of the 
date on which the Secretary receives a request under subsection 
(a), and the date on which the Secretary determines that the Federal 
land conveyed under the land exchange under section 6402(a) has 
not been adversely impacted (other than any nominal impact associ-
ated with the preparation of an environmental impact statement 
under section 6402(b)(2)), the land exchange shall be null and 
void. 
(c) RETURN
OF PRIOR OWNERSHIP STATUS
OF FEDERAL
AND 
NON-FEDERAL LAND.—If the land exchange is voided under sub-
section (b)— 
(1) the Federal land and non-Federal land shall be returned 
to the respective ownership status of each land prior to the 
land exchange; 
(2) the parcel of the Federal land that is located in the 
Refuge shall be managed as part of the Izembek National 
Wildlife Refuge Wilderness; and 
(3) each selection of the Corporation under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that 
was relinquished under this subtitle shall be reinstated. 
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. 
(a) IN GENERAL.—Any legislative authority for construction of 
a road shall expire at the end of the 7-year period beginning 
on the date of the enactment of this subtitle unless a construction 
permit has been issued during that period. 
(b) EXTENSION
OF AUTHORITY.—If a construction permit is 
issued within the allotted period, the 7-year authority shall be 
extended for a period of 5 additional years beginning on the date 
of issuance of the construction permit. 
(c) EXTENSION
OF AUTHORITY
AS RESULT
OF LEGAL CHAL-
LENGES.— 
(1) IN GENERAL.—Prior to the issuance of a construction 
permit, if a lawsuit or administrative appeal is filed challenging 
16 USC 1132 
note. 
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123 STAT. 1183 
PUBLIC LAW 111–11—MAR. 30, 2009 
the land exchange or construction of the road (including a 
challenge to the NEPA process, decisions, or any required 
permit process required to complete construction of the road), 
the 7-year deadline or the five-year extension period, as appro-
priate, shall be extended for a time period equivalent to the 
time consumed by the full adjudication of the legal challenge 
or related administrative process. 
(2) INJUNCTION.—After a construction permit has been 
issued, if a court issues an injunction against construction 
of the road, the 7-year deadline or 5-year extension, as appro-
priate, shall be extended for a time period equivalent to time 
period that the injunction is in effect. 
(d) APPLICABILITY OF SECTION 6405.—Upon the expiration of 
the legislative authority under this section, if a road has not been 
constructed, the land exchange shall be null and void and the 
land ownership shall revert to the respective ownership status 
prior to the land exchange as provided in section 6405. 
TITLE VII—NATIONAL PARK SERVICE 
AUTHORIZATIONS 
Subtitle A—Additions to the National Park 
System 
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, 
NEW JERSEY. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of Paterson, 
New Jersey. 
(2) COMMISSION.—The term ‘‘Commission’’ means the 
Paterson Great Falls National Historical Park Advisory 
Commission established by subsection (e)(1). 
(3) HISTORIC DISTRICT.—The term ‘‘Historic District’’ means 
the Great Falls Historic District in the State. 
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Park developed under 
subsection (d). 
(5) MAP.—The term ‘‘Map’’ means the map entitled 
‘‘Paterson Great Falls National Historical Park–Proposed 
Boundary’’, numbered T03/80,001, and dated May 2008. 
(6) PARK.—The term ‘‘Park’’ means the Paterson Great 
Falls National Historical Park established by subsection 
(b)(1)(A). 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State of New 
Jersey. 
(b) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Subject to subparagraph (B), there 
is established in the State a unit of the National Park 
System to be known as the ‘‘Paterson Great Falls National 
Historical Park’’. 
16 USC 410lll. 
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123 STAT. 1184 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) CONDITIONS FOR ESTABLISHMENT.—The Park shall 
not be established until the date on which the Secretary 
determines that— 
(i)(I) the Secretary has acquired sufficient land 
or an interest in land within the boundary of the 
Park to constitute a manageable unit; or 
(II) the State or City, as appropriate, has entered 
into a written agreement with the Secretary to 
donate— 
(aa) the Great Falls State Park, including 
facilities for Park administration and visitor serv-
ices; or 
(bb) any portion of the Great Falls State Park 
agreed to between the Secretary and the State 
or City; and 
(ii) the Secretary has entered into a written agree-
ment with the State, City, or other public entity, as 
appropriate, providing that— 
(I) land owned by the State, City, or other 
public entity within the Historic District will be 
managed consistent with this section; and 
(II) future uses of land within the Historic 
District will be compatible with the designation 
of the Park. 
(2) PURPOSE.—The purpose of the Park is to preserve and 
interpret for the benefit of present and future generations cer-
tain historical, cultural, and natural resources associated with 
the Historic District. 
(3) BOUNDARIES.—The Park shall include the following 
sites, as generally depicted on the Map: 
(A) The upper, middle, and lower raceways. 
(B) Mary Ellen Kramer (Great Falls) Park and adjacent 
land owned by the City. 
(C) A portion of Upper Raceway Park, including the 
Ivanhoe Wheelhouse and the Society for Establishing Use-
ful Manufactures Gatehouse. 
(D) Overlook Park and adjacent land, including the 
Society for Establishing Useful Manufactures Hydroelectric 
Plant and Administration Building. 
(E) The Allied Textile Printing site, including the Colt 
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, 
and Todd Mill ruins. 
(F) The Rogers Locomotive Company Erecting Shop, 
including the Paterson Museum. 
(G) The Great Falls Visitor Center. 
(4) AVAILABILITY OF MAP.—The Map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service. 
(5) PUBLICATION OF NOTICE.—Not later than 60 days after 
the date on which the conditions in clauses (i) and (ii) of 
paragraph (1)(B) are satisfied, the Secretary shall publish in 
the Federal Register notice of the establishment of the Park, 
including an official boundary map for the Park. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall administer the Park 
in accordance with— 
(A) this section; and 
Deadline. 
Federal Register, 
publication. 
Contracts. 
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123 STAT. 1185 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) the laws generally applicable to units of the 
National Park System, including— 
(i) the National Park Service Organic Act (16 
U.S.C. 1 et seq.); and 
(ii) the Act of August 21, 1935 (16 U.S.C. 461 
et seq.). 
(2) STATE AND LOCAL JURISDICTION.—Nothing in this sec-
tion enlarges, diminishes, or modifies any authority of the 
State, or any political subdivision of the State (including the 
City)— 
(A) to exercise civil and criminal jurisdiction; or 
(B) to carry out State laws (including regulations) and 
rules on non-Federal land located within the boundary 
of the Park. 
(3) COOPERATIVE AGREEMENTS.— 
(A) IN GENERAL.—As the Secretary determines to be 
appropriate to carry out this section, the Secretary may 
enter into cooperative agreements with the owner of the 
Great Falls Visitor Center or any nationally significant 
properties within the boundary of the Park under which 
the Secretary may identify, interpret, restore, and provide 
technical assistance for the preservation of the properties. 
(B) RIGHT
OF
ACCESS.—A cooperative agreement 
entered into under subparagraph (A) shall provide that 
the Secretary, acting through the Director of the National 
Park Service, shall have the right of access at all reasonable 
times to all public portions of the property covered by 
the agreement for the purposes of— 
(i) conducting visitors through the properties; and 
(ii) interpreting the properties for the public. 
(C) CHANGES OR ALTERATIONS.—No changes or alter-
ations shall be made to any properties covered by a coopera-
tive agreement entered into under subparagraph (A) unless 
the Secretary and the other party to the agreement agree 
to the changes or alterations. 
(D) CONVERSION, USE, OR
DISPOSAL.—Any payment 
made by the Secretary under this paragraph shall be sub-
ject to an agreement that the conversion, use, or disposal 
of a project for purposes contrary to the purposes of this 
section, as determined by the Secretary, shall entitle the 
United States to reimbursement in amount equal to the 
greater of— 
(i) the amounts made available to the project by 
the United States; or 
(ii) the portion of the increased value of the project 
attributable to the amounts made available under this 
paragraph, as determined at the time of the conversion, 
use, or, disposal. 
(E) MATCHING FUNDS.— 
(i) IN GENERAL.—As a condition of the receipt of 
funds under this paragraph, the Secretary shall require 
that any Federal funds made available under a 
cooperative agreement shall be matched on a 1-to- 
1 basis by non-Federal funds. 
(ii) FORM.—With the approval of the Secretary, 
the non-Federal share required under clause (i) may 
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123 STAT. 1186 
PUBLIC LAW 111–11—MAR. 30, 2009 
be in the form of donated property, goods, or services 
from a non-Federal source. 
(4) ACQUISITION OF LAND.— 
(A) IN GENERAL.—The Secretary may acquire land or 
interests in land within the boundary of the Park by dona-
tion, purchase from a willing seller with donated or appro-
priated funds, or exchange. 
(B) DONATION
OF
STATE
OWNED
LAND.—Land or 
interests in land owned by the State or any political sub-
division of the State may only be acquired by donation. 
(5) TECHNICAL ASSISTANCE AND PUBLIC INTERPRETATION.— 
The Secretary may provide technical assistance and public 
interpretation of related historic and cultural resources within 
the boundary of the Historic District. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 fiscal years after the 
date on which funds are made available to carry out this 
subsection, the Secretary, in consultation with the Commission, 
shall complete a management plan for the Park in accordance 
with— 
(A) section 12(b) of Public Law 91–383 (commonly 
known as the ‘‘National Park Service General Authorities 
Act’’) (16 U.S.C. 1a–7(b)); and 
(B) other applicable laws. 
(2) COST
SHARE.—The management plan shall include 
provisions that identify costs to be shared by the Federal 
Government, the State, and the City, and other public or private 
entities or individuals for necessary capital improvements to, 
and maintenance and operations of, the Park. 
(3) SUBMISSION
TO
CONGRESS.—On completion of the 
management plan, the Secretary shall submit the management 
plan to— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Natural Resources of the House 
of Representatives. 
(e) PATERSON
GREAT
FALLS
NATIONAL
HISTORICAL
PARK 
ADVISORY COMMISSION.— 
(1) ESTABLISHMENT.—There is established a commission 
to be known as the ‘‘Paterson Great Falls National Historical 
Park Advisory Commission’’. 
(2) DUTIES.—The duties of the Commission shall be to 
advise the Secretary in the development and implementation 
of the management plan. 
(3) MEMBERSHIP.— 
(A) COMPOSITION.—The Commission shall be composed 
of 9 members, to be appointed by the Secretary, of whom— 
(i) 4 members shall be appointed after consider-
ation of recommendations submitted by the Governor 
of the State; 
(ii) 2 members shall be appointed after consider-
ation of recommendations submitted by the City 
Council of Paterson, New Jersey; 
(iii) 1 member shall be appointed after consider-
ation of recommendations submitted by the Board of 
Chosen Freeholders of Passaic County, New Jersey; 
and 
Deadline. 
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123 STAT. 1187 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iv) 2 members shall have experience with national 
parks and historic preservation. 
(B) 
INITIAL
APPOINTMENTS.—The 
Secretary 
shall 
appoint the initial members of the Commission not later 
than the earlier of— 
(i) the date that is 30 days after the date on 
which the Secretary has received all of the rec-
ommendations for appointments under subparagraph 
(A); or 
(ii) the date that is 30 days after the Park is 
established in accordance with subsection (b). 
(4) TERM; VACANCIES.— 
(A) TERM.— 
(i) IN
GENERAL.—A member shall be appointed 
for a term of 3 years. 
(ii) REAPPOINTMENT.—A member may be re-
appointed for not more than 1 additional term. 
(B) VACANCIES.—A vacancy on the Commission shall 
be filled in the same manner as the original appointment 
was made. 
(5) MEETINGS.—The Commission shall meet at the call 
of— 
(A) the Chairperson; or 
(B) a majority of the members of the Commission. 
(6) QUORUM.—A majority of the Commission shall con-
stitute a quorum. 
(7) CHAIRPERSON AND VICE CHAIRPERSON.— 
(A) IN GENERAL.—The Commission shall select a Chair-
person and Vice Chairperson from among the members 
of the Commission. 
(B) VICE CHAIRPERSON.—The Vice Chairperson shall 
serve as Chairperson in the absence of the Chairperson. 
(C) TERM.—A member may serve as Chairperson or 
Vice Chairman for not more than 1 year in each office. 
(8) COMMISSION PERSONNEL MATTERS.— 
(A) COMPENSATION OF MEMBERS.— 
(i) IN GENERAL.—Members of the Commission shall 
serve without compensation. 
(ii) TRAVEL EXPENSES.—Members of the Commis-
sion shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from 
the home or regular place of business of the member 
in the performance of the duties of the Commission. 
(B) STAFF.— 
(i) IN GENERAL.—The Secretary shall provide the 
Commission with any staff members and technical 
assistance that the Secretary, after consultation with 
the Commission, determines to be appropriate to 
enable the Commission to carry out the duties of the 
Commission. 
(ii) DETAIL
OF
EMPLOYEES.—The Secretary may 
accept the services of personnel detailed from— 
(I) the State; 
(II) any political subdivision of the State; or 
Deadline. 
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123 STAT. 1188 
PUBLIC LAW 111–11—MAR. 30, 2009 
(III) any entity represented on the Commis-
sion. 
(9) FACA NONAPPLICABILITY.—Section 14(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission. 
(10) TERMINATION.—The Commission shall terminate 10 
years after the date of enactment of this Act. 
(f) STUDY OF HINCHLIFFE STADIUM.— 
(1) IN GENERAL.—Not later than 3 fiscal years after the 
date on which funds are made available to carry out this 
section, the Secretary shall complete a study regarding the 
preservation and interpretation of Hinchliffe Stadium, which 
is listed on the National Register of Historic Places. 
(2) INCLUSIONS.—The study shall include an assessment 
of— 
(A) the potential for listing the stadium as a National 
Historic Landmark; and 
(B) options for maintaining the historic integrity of 
Hinchliffe Stadium. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 
7002. 
WILLIAM 
JEFFERSON 
CLINTON 
BIRTHPLACE 
HOME 
NATIONAL HISTORIC SITE. 
(a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF HISTORIC 
SITE.—Should the Secretary of the Interior acquire, by donation 
only from the Clinton Birthplace Foundation, Inc., fee simple, 
unencumbered title to the William Jefferson Clinton Birthplace 
Home site located at 117 South Hervey Street, Hope, Arkansas, 
71801, and to any personal property related to that site, the Sec-
retary shall designate the William Jefferson Clinton Birthplace 
Home site as a National Historic Site and unit of the National 
Park System, to be known as the ‘‘President William Jefferson 
Clinton Birthplace Home National Historic Site’’. 
(b) APPLICABILITY OF OTHER LAWS.—The Secretary shall admin-
ister the President William Jefferson Clinton Birthplace Home 
National Historic Site in accordance with the laws generally 
applicable to national historic sites, including the Act entitled ‘‘An 
Act to establish a National Park Service, and for other purposes’’, 
approved August 25, 1916 (16 U.S.C. 1–4), and the Act entitled 
‘‘An Act to provide for the preservation of historic American sites, 
buildings, objects and antiquities of national significance, and for 
other purposes’’, approved August 21, 1935 (16 U.S.C. 461 et seq.). 
SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—If Monroe County or Wayne County, 
Michigan, or other willing landowners in either County offer 
to donate to the United States land relating to the Battles 
of the River Raisin on January 18 and 22, 1813, or the after-
math of the battles, the Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’) shall accept the donated 
land. 
(2) DESIGNATION
OF
PARK.—On the acquisition of land 
under paragraph (1) that is of sufficient acreage to permit 
efficient administration, the Secretary shall designate the 
acquired land as a unit of the National Park System, to be 
Michigan. 
16 USC 430vv. 
Arkansas. 
16 USC 461 note. 
Deadline. 
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123 STAT. 1189 
PUBLIC LAW 111–11—MAR. 30, 2009 
known as the ‘‘River Raisin National Battlefield Park’’ (referred 
to in this section as the ‘‘Park’’). 
(3) LEGAL DESCRIPTION.— 
(A) IN GENERAL.—The Secretary shall prepare a legal 
description of the land and interests in land designated 
as the Park by paragraph (2). 
(B) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.— 
A map with the legal description shall be on file and 
available for public inspection in the appropriate offices 
of the National Park Service. 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall manage the Park 
for the purpose of preserving and interpreting the Battles of 
the River Raisin in accordance with the National Park Service 
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 
1935 (16 U.S.C. 461 et seq.). 
(2) GENERAL MANAGEMENT PLAN.— 
(A) IN
GENERAL.—Not later than 3 years after the 
date on which funds are made available, the Secretary 
shall complete a general management plan for the Park 
that, among other things, defines the role and responsibility 
of the Secretary with regard to the interpretation and 
the preservation of the site. 
(B) CONSULTATION.—The Secretary shall consult with 
and solicit advice and recommendations from State, county, 
local, and civic organizations and leaders, and other 
interested parties in the preparation of the management 
plan. 
(C) INCLUSIONS.—The plan shall include— 
(i) consideration of opportunities for involvement 
by and support for the Park by State, county, and 
local governmental entities and nonprofit organizations 
and other interested parties; and 
(ii) steps for the preservation of the resources of 
the site and the costs associated with these efforts. 
(D) SUBMISSION TO CONGRESS.—On the completion of 
the general management plan, the Secretary shall submit 
a copy of the plan to the Committee on Natural Resources 
of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 
(3) COOPERATIVE AGREEMENTS.—The Secretary may enter 
into cooperative agreements with State, county, local, and civic 
organizations to carry out this section. 
(c) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Natural 
Resources of the House a report describing the progress made 
with respect to acquiring real property under this section and 
designating the River Raisin National Battlefield Park. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
Deadline. 
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123 STAT. 1190 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle B—Amendments to Existing Units 
of the National Park System 
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK. 
(a) ACQUISITION OF PROPERTY.—Section 4 of Public Law 102– 
543 (16 U.S.C. 410yy–3) is amended by striking subsection (d). 
(b) MATCHING FUNDS.—Section 8(b) of Public Law 102–543 
(16 U.S.C. 410yy–7(b)) is amended by striking ‘‘$4’’ and inserting 
‘‘$1’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of Public 
Law 102–543 (16 U.S.C. 410yy–9) is amended— 
(1) in subsection (a)— 
(A) 
by 
striking 
‘‘$25,000,000’’ 
and 
inserting 
‘‘$50,000,000’’; and 
(B) 
by 
striking 
‘‘$3,000,000’’ 
and 
inserting 
‘‘$25,000,000’’; and 
(2) in subsection (b), by striking ‘‘$100,000’’ and all that 
follows through ‘‘those duties’’ and inserting ‘‘$250,000’’. 
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES 
FOR WEIR FARM NATIONAL HISTORIC SITE. 
Section 4(d) of the Weir Farm National Historic Site Establish-
ment Act of 1990 (16 U.S.C. 461 note) is amended— 
(1) in paragraph (1)(B), by striking ‘‘contiguous to’’ and 
all that follows and inserting ‘‘within Fairfield County.’’; 
(2) by amending paragraph (2) to read as follows: 
‘‘(2) DEVELOPMENT.— 
‘‘(A) MAINTAINING
NATURAL
CHARACTER.—The Sec-
retary shall keep development of the property acquired 
under paragraph (1) to a minimum so that the character 
of the acquired property will be similar to the natural 
and undeveloped landscape of the property described in 
subsection (b). 
‘‘(B) TREATMENT
OF
PREVIOUSLY
DEVELOPED
PROP-
ERTY.—Nothing in subparagraph (A) shall either prevent 
the Secretary from acquiring property under paragraph 
(1) that, prior to the Secretary’s acquisition, was developed 
in a manner inconsistent with subparagraph (A), or require 
the Secretary to remediate such previously developed prop-
erty to reflect the natural character described in subpara-
graph (A).’’; and 
(3) in paragraph (3), in the matter preceding subparagraph 
(A), by striking ‘‘the appropriate zoning authority’’ and all that 
follows through ‘‘Wilton, Connecticut,’’ and inserting ‘‘the local 
governmental entity that, in accordance with applicable State 
law, has jurisdiction over any property acquired under para-
graph (1)(A)’’. 
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY 
EXPANSION. 
Section 2 of the Little River Canyon National Preserve Act 
of 1992 (16 U.S.C. 698q) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘The Preserve’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—The Preserve’’; and 
16 USC 461 note. 
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123 STAT. 1191 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) by adding at the end the following: 
‘‘(2) BOUNDARY EXPANSION.—The boundary of the Preserve 
is modified to include the land depicted on the map entitled 
‘Little River Canyon National Preserve Proposed Boundary’, 
numbered 152/80,004, and dated December 2007.’’; and 
(2) in subsection (c), by striking ‘‘map’’ and inserting 
‘‘maps’’. 
SEC. 
7104. 
HOPEWELL 
CULTURE 
NATIONAL 
HISTORICAL 
PARK 
BOUNDARY EXPANSION. 
Section 2 of the Act entitled ‘‘An Act to rename and expand 
the boundaries of the Mound City Group National Monument in 
Ohio’’, approved May 27, 1992 (106 Stat. 185), is amended— 
(1) by striking ‘‘and’’ at the end of subsection (a)(3); 
(2) by striking the period at the end of subsection (a)(4) 
and inserting ‘‘; and’’; 
(3) by adding after subsection (a)(4) the following new 
paragraph: 
‘‘(5) the map entitled ‘Hopewell Culture National Historical 
Park, Ohio Proposed Boundary Adjustment’ numbered 353/ 
80,049 and dated June, 2006.’’; and 
(4) by adding after subsection (d)(2) the following new 
paragraph: 
‘‘(3) The Secretary may acquire lands added by subsection 
(a)(5) only from willing sellers.’’. 
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE 
BOUNDARY ADJUSTMENT. 
(a) IN GENERAL.—Section 901 of the National Parks and Recre-
ation Act of 1978 (16 U.S.C. 230) is amended in the second sentence 
by striking ‘‘of approximately twenty thousand acres generally 
depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte 
National Historical Park and Preserve’ numbered 90,000B and 
dated April 1978,’’ and inserting ‘‘generally depicted on the map 
entitled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte 
National Historical Park and Preserve’, numbered 467/80100A, and 
dated December 2007,’’. 
(b) ACQUISITION OF LAND.—Section 902 of the National Parks 
and Recreation Act of 1978 (16 U.S.C. 230a) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) Within the’’ and all that follows 
through the first sentence and inserting the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) BARATARIA PRESERVE UNIT.— 
‘‘(A) IN
GENERAL.—The Secretary may acquire any 
land, water, and interests in land and water within the 
Barataria Preserve Unit by donation, purchase with 
donated or appropriated funds, transfer from any other 
Federal agency, or exchange. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN GENERAL.—Any non-Federal land depicted 
on the map described in section 901 as ‘Lands Proposed 
for Addition’ may be acquired by the Secretary only 
with the consent of the owner of the land. 
‘‘(ii) BOUNDARY
ADJUSTMENT.—On the date on 
which the Secretary acquires a parcel of land described 
in clause (i), the boundary of the Barataria Preserve 
Unit shall be adjusted to reflect the acquisition. 
16 USC 410uu–1. 
Ohio. 
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123 STAT. 1192 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(iii) EASEMENTS.—To ensure adequate hurricane 
protection of the communities located in the area, any 
land identified on the map described in section 901 
that is acquired or transferred shall be subject to any 
easements that have been agreed to by the Secretary 
and the Secretary of the Army. 
‘‘(C) TRANSFER
OF
ADMINISTRATION
JURISDICTION.— 
Effective on the date of enactment of the Omnibus Public 
Land Management Act of 2009, administrative jurisdiction 
over any Federal land within the areas depicted on the 
map described in section 901 as ‘Lands Proposed for Addi-
tion’ is transferred, without consideration, to the adminis-
trative jurisdiction of the National Park Service, to be 
administered as part of the Barataria Preserve Unit.’’; 
(B) in the second sentence, by striking ‘‘The Secretary 
may also acquire by any of the foregoing methods’’ and 
inserting the following: 
‘‘(2) FRENCH QUARTER.—The Secretary may acquire by any 
of the methods referred to in paragraph (1)(A)’’; 
(C) in the third sentence, by striking ‘‘Lands, waters, 
and interests therein’’ and inserting the following: 
‘‘(3) ACQUISITION
OF
STATE
LAND.—Land, water, and 
interests in land and water’’; and 
(D) in the fourth sentence, by striking ‘‘In acquiring’’ 
and inserting the following: 
‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In acquiring’’; 
(2) by striking subsections (b) through (f) and inserting 
the following: 
‘‘(b) RESOURCE PROTECTION.—With respect to the land, water, 
and interests in land and water of the Barataria Preserve Unit, 
the Secretary shall preserve and protect— 
‘‘(1) fresh water drainage patterns; 
‘‘(2) vegetative cover; 
‘‘(3) the integrity of ecological and biological systems; and 
‘‘(4) water and air quality. 
‘‘(c) ADJACENT LAND.—With the consent of the owner and the 
parish governing authority, the Secretary may— 
‘‘(1) acquire land, water, and interests in land and water, 
by any of the methods referred to in subsection (a)(1)(A) 
(including use of appropriations from the Land and Water 
Conservation Fund); and 
‘‘(2) revise the boundaries of the Barataria Preserve Unit 
to include adjacent land and water.’’; and 
(3) by redesignating subsection (g) as subsection (d). 
(c) DEFINITION OF IMPROVED PROPERTY.—Section 903 of the 
National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is 
amended in the fifth sentence by inserting ‘‘(or January 1, 2007, 
for areas added to the park after that date)’’ after ‘‘January 1, 
1977’’. 
(d) HUNTING, FISHING, AND TRAPPING.—Section 905 of the 
National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is 
amended in the first sentence by striking ‘‘, except that within 
the core area and on those lands acquired by the Secretary pursuant 
to section 902(c) of this title, he’’ and inserting ‘‘on land, and 
interests in land and water managed by the Secretary, except 
that the Secretary’’. 
Effective date. 
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123 STAT. 1193 
PUBLIC LAW 111–11—MAR. 30, 2009 
(e) ADMINISTRATION.—Section 906 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230e) is amended— 
(1) by striking the first sentence; and 
(2) in the second sentence, by striking ‘‘Pending such 
establishment and thereafter the’’ and inserting ‘‘The’’. 
(f) REFERENCES IN LAW.— 
(1) IN GENERAL.—Any reference in a law (including regula-
tions), map, document, paper, or other record of the United 
States— 
(A) to the Barataria Marsh Unit shall be considered 
to be a reference to the Barataria Preserve Unit; or 
(B) to the Jean Lafitte National Historical Park shall 
be considered to be a reference to the Jean Lafitte National 
Historical Park and Preserve. 
(2) CONFORMING AMENDMENTS.—Title IX of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is 
amended— 
(A) by striking ‘‘Barataria Marsh Unit’’ each place it 
appears and inserting ‘‘Barataria Preserve Unit’’; and 
(B) by striking ‘‘Jean Lafitte National Historical Park’’ 
each place it appears and inserting ‘‘Jean Lafitte National 
Historical Park and Preserve’’. 
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK. 
(a) DEFINITIONS.—In this section: 
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Minute 
Man National Historical Park Proposed Boundary’’, numbered 
406/81001, and dated July 2007. 
(2) PARK.—The term ‘‘Park’’ means the Minute Man 
National Historical Park in the State of Massachusetts. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) MINUTE MAN NATIONAL HISTORICAL PARK.— 
(1) BOUNDARY ADJUSTMENT.— 
(A) IN GENERAL.—The boundary of the Park is modified 
to include the area generally depicted on the map. 
(B) AVAILABILITY OF MAP.—The map shall be on file 
and available for inspection in the appropriate offices of 
the National Park Service. 
(2) ACQUISITION OF LAND.—The Secretary may acquire the 
land or an interest in the land described in paragraph (1)(A) 
by— 
(A) purchase from willing sellers with donated or 
appropriated funds; 
(B) donation; or 
(C) exchange. 
(3) ADMINISTRATION OF LAND.—The Secretary shall admin-
ister the land added to the Park under paragraph (1)(A) in 
accordance with applicable laws (including regulations). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 7107. EVERGLADES NATIONAL PARK. 
(a) INCLUSION OF TARPON BASIN PROPERTY.— 
(1) DEFINITIONS.—In this subsection: 
(A) HURRICANE
HOLE.—The term ‘‘Hurricane Hole’’ 
means the natural salt-water body of water within the 
Florida. 
16 USC 410r–9. 
Massachusetts. 
16 USC 410t 
note. 
16 USC 230, 
230a, 230h. 
16 USC 230b, 
230d. 
16 USC 230 note, 
231–231b. 
16 USC 230 note. 
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123 STAT. 1194 
PUBLIC LAW 111–11—MAR. 30, 2009 
Duesenbury Tracts of the eastern parcel of the Tarpon 
Basin boundary adjustment and accessed by Duesenbury 
Creek. 
(B) MAP.—The term ‘‘map’’ means the map entitled 
‘‘Proposed Tarpon Basin Boundary Revision’’, numbered 
160/80,012, and dated May 2008. 
(C) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(D) TARPON BASIN PROPERTY.—The term ‘‘Tarpon Basin 
property’’ means land that— 
(i) is comprised of approximately 600 acres of land 
and water surrounding Hurricane Hole, as generally 
depicted on the map; and 
(ii) is located in South Key Largo. 
(2) BOUNDARY REVISION.— 
(A) IN
GENERAL.—The boundary of the Everglades 
National Park is adjusted to include the Tarpon Basin 
property. 
(B) ACQUISITION
AUTHORITY.—The Secretary may 
acquire from willing sellers by donation, purchase with 
donated or appropriated funds, or exchange, land, water, 
or interests in land and water, within the area depicted 
on the map, to be added to Everglades National Park. 
(C) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate offices 
of the National Park Service. 
(D) ADMINISTRATION.—Land added to Everglades 
National Park by this section shall be administered as 
part of Everglades National Park in accordance with 
applicable laws (including regulations). 
(3) HURRICANE
HOLE.—The Secretary may allow use of 
Hurricane Hole by sailing vessels during emergencies, subject 
to such terms and conditions as the Secretary determines to 
be necessary. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this subsection. 
(b) LAND EXCHANGES.— 
(1) DEFINITIONS.—In this subsection: 
(A) COMPANY.—The term ‘‘Company’’ means Florida 
Power & Light Company. 
(B) FEDERAL LAND.—The term ‘‘Federal Land’’ means 
the parcels of land that are— 
(i) owned by the United States; 
(ii) administered by the Secretary; 
(iii) located within the National Park; and 
(iv) generally depicted on the map as— 
(I) Tract A, which is adjacent to the Tamiami 
Trail, U.S. Rt. 41; and 
(II) Tract B, which is located on the eastern 
boundary of the National Park. 
(C) MAP.—The term ‘‘map’’ means the map prepared 
by the National Park Service, entitled ‘‘Proposed Land 
Exchanges, Everglades National Park’’, numbered 160/ 
60411A, and dated September 2008. 
(D) NATIONAL PARK.—The term ‘‘National Park’’ means 
the Everglades National Park located in the State. 
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123 STAT. 1195 
PUBLIC LAW 111–11—MAR. 30, 2009 
(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 
means the land in the State that— 
(i) is owned by the State, the specific area and 
location of which shall be determined by the State; 
or 
(ii)(I) is owned by the Company; 
(II) comprises approximately 320 acres; and 
(III) is located within the East Everglades Acquisi-
tion Area, as generally depicted on the map as ‘‘Tract 
D’’. 
(F) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(G) STATE.—The term ‘‘State’’ means the State of 
Florida and political subdivisions of the State, including 
the South Florida Water Management District. 
(2) LAND EXCHANGE WITH STATE.— 
(A) IN GENERAL.—Subject to the provisions of this para-
graph, if the State offers to convey to the Secretary all 
right, title, and interest of the State in and to specific 
parcels of non-Federal land, and the offer is acceptable 
to the Secretary, the Secretary may, subject to valid 
existing rights, accept the offer and convey to the State 
all right, title, and interest of the United States in and 
to the Federal land generally depicted on the map as ‘‘Tract 
A’’. 
(B) CONDITIONS.—The land exchange under subpara-
graph (A) shall be subject to such terms and conditions 
as the Secretary may require. 
(C) VALUATION.— 
(i) IN GENERAL.—The values of the land involved 
in the land exchange under subparagraph (A) shall 
be equal. 
(ii) EQUALIZATION.—If the values of the land are 
not equal, the values may be equalized by donation, 
payment using donated or appropriated funds, or the 
conveyance of additional parcels of land. 
(D) APPRAISALS.—Before the exchange of land under 
subparagraph (A), appraisals for the Federal and non-Fed-
eral land shall be conducted in accordance with the Uniform 
Appraisal Standards for Federal Land Acquisitions and 
the Uniform Standards of Professional Appraisal Practice. 
(E) TECHNICAL
CORRECTIONS.—Subject to the agree-
ment of the State, the Secretary may make minor correc-
tions to correct technical and clerical errors in the legal 
descriptions of the Federal and non-Federal land and minor 
adjustments to the boundaries of the Federal and non- 
Federal land. 
(F) ADMINISTRATION
OF
LAND
ACQUIRED
BY
SEC-
RETARY.—Land acquired by the Secretary under subpara-
graph (A) shall— 
(i) become part of the National Park; and 
(ii) be administered in accordance with the laws 
applicable to the National Park System. 
(3) LAND EXCHANGE WITH COMPANY.— 
(A) IN GENERAL.—Subject to the provisions of this para-
graph, if the Company offers to convey to the Secretary 
all right, title, and interest of the Company in and to 
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123 STAT. 1196 
PUBLIC LAW 111–11—MAR. 30, 2009 
the non-Federal land generally depicted on the map as 
‘‘Tract D’’, and the offer is acceptable to the Secretary, 
the Secretary may, subject to valid existing rights, accept 
the offer and convey to the Company all right, title, and 
interest of the United States in and to the Federal land 
generally depicted on the map as ‘‘Tract B’’, along with 
a perpetual easement on a corridor of land contiguous 
to Tract B for the purpose of vegetation management. 
(B) CONDITIONS.—The land exchange under subpara-
graph (A) shall be subject to such terms and conditions 
as the Secretary may require. 
(C) VALUATION.— 
(i) IN GENERAL.—The values of the land involved 
in the land exchange under subparagraph (A) shall 
be equal unless the non-Federal land is of higher value 
than the Federal land. 
(ii) EQUALIZATION.—If the values of the land are 
not equal, the values may be equalized by donation, 
payment using donated or appropriated funds, or the 
conveyance of additional parcels of land. 
(D) APPRAISAL.—Before the exchange of land under 
subparagraph (A), appraisals for the Federal and non-Fed-
eral land shall be conducted in accordance with the Uniform 
Appraisal Standards for Federal Land Acquisitions and 
the Uniform Standards of Professional Appraisal Practice. 
(E) TECHNICAL
CORRECTIONS.—Subject to the agree-
ment of the Company, the Secretary may make minor 
corrections to correct technical and clerical errors in the 
legal descriptions of the Federal and non-Federal land and 
minor adjustments to the boundaries of the Federal and 
non-Federal land. 
(F) ADMINISTRATION
OF
LAND
ACQUIRED
BY
SEC-
RETARY.—Land acquired by the Secretary under subpara-
graph (A) shall— 
(i) become part of the National Park; and 
(ii) be administered in accordance with the laws 
applicable to the National Park System. 
(4) MAP.—The map shall be on file and available for public 
inspection in the appropriate offices of the National Park 
Service. 
(5) BOUNDARY
REVISION.—On completion of the land 
exchanges authorized by this subsection, the Secretary shall 
adjust the boundary of the National Park accordingly, including 
removing the land conveyed out of Federal ownership. 
SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK. 
(a) IN GENERAL.—The Secretary of the Interior shall authorize 
Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of 
patient residents at Kalaupapa National Historical Park, and their 
family members and friends, to establish a memorial at a suitable 
location or locations approved by the Secretary at Kalawao or 
Kalaupapa within the boundaries of Kalaupapa National Historical 
Park located on the island of Molokai, in the State of Hawaii, 
to honor and perpetuate the memory of those individuals who 
were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969. 
(b) DESIGN.— 
Hawaii. 
16 USC 410jj–4 
note. 
Ka ‘Ohana 
O Kalaupapa. 
Establishment. 
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123 STAT. 1197 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—The memorial authorized by subsection 
(a) shall— 
(A) display in an appropriate manner the names of 
the first 5,000 individuals sent to the Kalaupapa Peninsula 
between 1866 and 1896, most of whom lived at Kalawao; 
and 
(B) display in an appropriate manner the names of 
the approximately 3,000 individuals who arrived at 
Kalaupapa in the second part of its history, when most 
of the community was concentrated on the Kalaupapa side 
of the peninsula. 
(2) APPROVAL.—The location, size, design, and inscriptions 
of the memorial authorized by subsection (a) shall be subject 
to the approval of the Secretary of the Interior. 
(c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit organiza-
tion, shall be solely responsible for acceptance of contributions 
for and payment of the expenses associated with the establishment 
of the memorial. 
SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. 
(a) COOPERATIVE AGREEMENTS.—Section 1029(d) of the Omni-
bus Parks and Public Lands Management Act of 1996 (16 U.S.C. 
460kkk(d)) is amended by striking paragraph (3) and inserting 
the following: 
‘‘(3) AGREEMENTS.— 
‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In this para-
graph, the term ‘eligible entity’ means— 
‘‘(i) the Commonwealth of Massachusetts; 
‘‘(ii) a political subdivision of the Commonwealth 
of Massachusetts; or 
‘‘(iii) any other entity that is a member of the 
Boston Harbor Islands Partnership described in sub-
section (e)(2). 
‘‘(B) AUTHORITY OF SECRETARY.—Subject to subpara-
graph (C), the Secretary may consult with an eligible entity 
on, and enter into with the eligible entity— 
‘‘(i) a cooperative management agreement to 
acquire from, and provide to, the eligible entity goods 
and services for the cooperative management of land 
within the recreation area; and 
‘‘(ii) notwithstanding section 6305 of title 31, 
United States Code, a cooperative agreement for the 
construction of recreation area facilities on land owned 
by an eligible entity for purposes consistent with the 
management plan under subsection (f). 
‘‘(C) CONDITIONS.—The Secretary may enter into an 
agreement with an eligible entity under subparagraph (B) 
only if the Secretary determines that— 
‘‘(i) appropriations for carrying out the purposes 
of the agreement are available; and 
‘‘(ii) the agreement is in the best interests of the 
United States.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) MEMBERSHIP.—Section 1029(e)(2)(B) of the Omnibus 
Parks and Public Lands Management Act of 1996 (16 U.S.C. 
460kkk(e)(2)(B)) is amended by striking ‘‘Coast Guard’’ and 
inserting ‘‘Coast Guard.’’. 
Massachusetts. 
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123 STAT. 1198 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) DONATIONS.—Section 1029(e)(11) of the Omnibus Parks 
and Public Lands Management Act of 1996 (16 U.S.C. 
460kkk(e)(11)) is amended by striking ‘‘Nothwithstanding’’ and 
inserting ‘‘Notwithstanding’’. 
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW 
JERSEY. 
(a) PURPOSES.—The purposes of this section are— 
(1) to recognize and pay tribute to Thomas Alva Edison 
and his innovations; and 
(2) to preserve, protect, restore, and enhance the Edison 
National Historic Site to ensure public use and enjoyment 
of the Site as an educational, scientific, and cultural center. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established the Thomas Edison 
National Historical Park as a unit of the National Park System 
(referred to in this section as the ‘‘Historical Park’’). 
(2) BOUNDARIES.—The Historical Park shall be comprised 
of all property owned by the United States in the Edison 
National Historic Site as well as all property authorized to 
be acquired by the Secretary of the Interior (referred to in 
this section as the ‘‘Secretary’’) for inclusion in the Edison 
National Historic Site before the date of the enactment of 
this Act, as generally depicted on the map entitled the ‘‘Thomas 
Edison National Historical Park’’, numbered 403/80,000, and 
dated April 2008. 
(3) MAP.—The map of the Historical Park shall be on 
file and available for public inspection in the appropriate offices 
of the National Park Service. 
(c) ADMINISTRATION.— 
(1) IN
GENERAL.—The Secretary shall administer the 
Historical Park in accordance with this section and with the 
provisions of law generally applicable to units of the National 
Park System, including the Acts 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 et seq.) and ‘‘An 
Act to provide for the preservation of historic American sites, 
buildings, objects, and antiquities of national significance, and 
for other purposes,’’ approved August 21, 1935 (16 U.S.C. 461 
et seq.). 
(2) ACQUISITION OF PROPERTY.— 
(A) REAL PROPERTY.—The Secretary may acquire land 
or interests in land within the boundaries of the Historical 
Park, from willing sellers only, by donation, purchase with 
donated or appropriated funds, or exchange. 
(B) PERSONAL PROPERTY.—The Secretary may acquire 
personal property associated with, and appropriate for, 
interpretation of the Historical Park. 
(3) COOPERATIVE AGREEMENTS.—The Secretary may consult 
and enter into cooperative agreements with interested entities 
and individuals to provide for the preservation, development, 
interpretation, and use of the Historical Park. 
(4) REPEAL OF SUPERSEDED LAW.—Public Law 87–628 (76 
Stat. 428), regarding the establishment and administration of 
the Edison National Historic Site, is repealed. 
(5) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
16 USC 431 note. 
16 USC 461 note. 
16 USC 
410mmm. 
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123 STAT. 1199 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘Edison National Historic Site’’ shall be deemed to be a ref-
erence to the ‘‘Thomas Edison National Historical Park’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK. 
(a) VOTES FOR WOMEN TRAIL.—Title XVI of Public Law 96– 
607 (16 U.S.C. 410ll) is amended by adding at the end the following: 
‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PARK.—The term ‘Park’ means the Women’s Rights 
National Historical Park established by section 1601. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 
‘‘(3) STATE.—The term ‘State’ means the State of New 
York. 
‘‘(4) TRAIL.—The term ‘Trail’ means the Votes for Women 
History Trail Route designated under subsection (b). 
‘‘(b) ESTABLISHMENT
OF TRAIL ROUTE.—The Secretary, with 
concurrence of the agency having jurisdiction over the relevant 
roads, may designate a vehicular tour route, to be known as the 
‘Votes for Women History Trail Route’, to link properties in the 
State that are historically and thematically associated with the 
struggle for women’s suffrage in the United States. 
‘‘(c) ADMINISTRATION.—The Trail shall be administered by the 
National Park Service through the Park. 
‘‘(d) ACTIVITIES.—To facilitate the establishment of the Trail 
and the dissemination of information regarding the Trail, the Sec-
retary shall— 
‘‘(1) produce and disseminate appropriate educational mate-
rials regarding the Trail, such as handbooks, maps, exhibits, 
signs, interpretive guides, and electronic information; 
‘‘(2) coordinate the management, planning, and standards 
of the Trail in partnership with participating properties, other 
Federal agencies, and State and local governments; 
‘‘(3) create and adopt an official, uniform symbol or device 
to mark the Trail; and 
‘‘(4) issue guidelines for the use of the symbol or device 
adopted under paragraph (3). 
‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to the consent of 
the owner of the property, the Secretary may designate as an 
official stop on the Trail— 
‘‘(1) all units and programs of the Park relating to the 
struggle for women’s suffrage; 
‘‘(2) other Federal, State, local, and privately owned prop-
erties that the Secretary determines have a verifiable connec-
tion to the struggle for women’s suffrage; and 
‘‘(3) other governmental and nongovernmental facilities and 
programs of an educational, commemorative, research, or 
interpretive nature that the Secretary determines to be directly 
related to the struggle for women’s suffrage. 
‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDER-
STANDING.— 
‘‘(1) IN GENERAL.—To facilitate the establishment of the 
Trail and to ensure effective coordination of the Federal and 
Guidelines. 
16 USC 410ll–1. 
New York. 
16 USC 469m. 
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123 STAT. 1200 
PUBLIC LAW 111–11—MAR. 30, 2009 
non-Federal properties designated as stops along the Trail, 
the Secretary may enter into cooperative agreements and 
memoranda of understanding with, and provide technical and 
financial assistance to, other Federal agencies, the State, local-
ities, regional governmental bodies, and private entities. 
‘‘(2) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated to the Secretary such sums as 
are necessary for the period of fiscal years 2009 through 2013 
to provide financial assistance to cooperating entities pursuant 
to agreements or memoranda entered into under paragraph 
(1).’’. 
(b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT NATIONAL 
REGISTRY.— 
(1) IN GENERAL.—The Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’) may make annual grants 
to State historic preservation offices for not more than 5 years 
to assist the State historic preservation offices in surveying, 
evaluating, and nominating to the National Register of Historic 
Places women’s rights history properties. 
(2) ELIGIBILITY.—In making grants under paragraph (1), 
the Secretary shall give priority to grants relating to properties 
associated with the multiple facets of the women’s rights move-
ment, such as politics, economics, education, religion, and social 
and family rights. 
(3) UPDATES.—The Secretary shall ensure that the National 
Register travel itinerary website entitled ‘‘Places Where Women 
Made History’’ is updated to contain— 
(A) the results of the inventory conducted under para-
graph (1); and 
(B) any links to websites related to places on the 
inventory. 
(4) COST-SHARING REQUIREMENT.—The Federal share of the 
cost of any activity carried out using any assistance made 
available under this subsection shall be 50 percent. 
(5) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $1,000,000 for each of fiscal years 2009 through 
2013. 
(c) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT PARTNERSHIPS 
NETWORK.— 
(1) GRANTS.—The Secretary may make matching grants 
and give technical assistance for development of a network 
of governmental and nongovernmental entities (referred to in 
this subsection as the ‘‘network’’), the purpose of which is 
to provide interpretive and educational program development 
of national women’s rights history, including historic preserva-
tion. 
(2) MANAGEMENT OF NETWORK.— 
(A) IN
GENERAL.—The Secretary shall, through a 
competitive process, designate a nongovernmental man-
aging network to manage the network. 
(B) COORDINATION.—The nongovernmental managing 
entity designated under subparagraph (A) shall work in 
partnership with the Director of the National Park Service 
and State historic preservation offices to coordinate oper-
ation of the network. 
(3) COST-SHARING REQUIREMENT.— 
Designation. 
Web posting. 
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123 STAT. 1201 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) IN
GENERAL.—The Federal share of the cost of 
any activity carried out using any assistance made avail-
able under this subsection shall be 50 percent. 
(B) STATE HISTORIC PRESERVATION OFFICES.—Matching 
grants for historic preservation specific to the network may 
be made available through State historic preservation 
offices. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $1,000,000 for each of fiscal years 2009 through 
2013. 
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. 
(a) DEFINITIONS.—In this section: 
(1) HISTORIC
SITE.—The term ‘‘historic site’’ means the 
Martin Van Buren National Historic Site in the State of New 
York established by Public Law 93–486 (16 U.S.C. 461 note) 
on October 26, 1974. 
(2) MAP.—The term ‘‘map’’ means the map entitled 
‘‘Boundary Map, Martin Van Buren National Historic Site’’, 
numbered ‘‘460/80801’’, and dated January 2005. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) BOUNDARY ADJUSTMENTS TO THE HISTORIC SITE.— 
(1) BOUNDARY ADJUSTMENT.—The boundary of the historic 
site is adjusted to include approximately 261 acres of land 
identified as the ‘‘PROPOSED PARK BOUNDARY’’, as gen-
erally depicted on the map. 
(2) ACQUISITION AUTHORITY.—The Secretary may acquire 
the land and any interests in the land described in paragraph 
(1) from willing sellers by donation, purchase with donated 
or appropriated funds, or exchange. 
(3) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service. 
(4) ADMINISTRATION.—Land acquired for the historic site 
under this section shall be administered as part of the historic 
site in accordance with applicable law (including regulations). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK. 
(a) DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL HISTOR-
ICAL PARK.— 
(1) IN GENERAL.—The Palo Alto Battlefield National His-
toric Site shall be known and designated as the ‘‘Palo Alto 
Battlefield National Historical Park’’. 
(2) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
historic site referred to in subsection (a) shall be deemed to 
be a reference to the Palo Alto Battlefield National Historical 
Park. 
(3) CONFORMING AMENDMENTS.—The Palo Alto Battlefield 
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public 
Law 102–304) is amended— 
(A) by striking ‘‘National Historic Site’’ each place it 
appears and inserting ‘‘National Historical Park’’; 
16 USC 410nnn 
note. 
16 USC 410nnn 
note. 
Texas. 
New York. 
16 USC 461 note. 
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123 STAT. 1202 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) in the heading for section 3, by striking ‘‘NATIONAL 
HISTORIC
SITE’’ and inserting ‘‘NATIONAL
HISTORICAL 
PARK’’; and 
(C) by striking ‘‘historic site’’ each place it appears 
and inserting ‘‘historical park’’. 
(b) BOUNDARY EXPANSION, PALO ALTO BATTLEFIELD NATIONAL 
HISTORICAL PARK, TEXAS.—Section 3(b) of the Palo Alto Battlefield 
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public 
Law 102–304) (as amended by subsection (a)) is amended— 
(1) in paragraph (1), by striking ‘‘(1) The historical park’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—The historical park’’; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following: 
‘‘(2) ADDITIONAL LAND.— 
‘‘(A) IN GENERAL.—In addition to the land described 
in paragraph (1), the historical park shall consist of 
approximately 34 acres of land, as generally depicted on 
the map entitled ‘Palo Alto Battlefield NHS Proposed 
Boundary Expansion’, numbered 469/80,012, and dated 
May 21, 2008. 
‘‘(B) AVAILABILITY
OF
MAP.—The map described in 
subparagraph (A) shall be on file and available for public 
inspection in the appropriate offices of the National Park 
Service.’’; and 
(4) in paragraph (3) (as redesignated by paragraph (2))— 
(A) by striking ‘‘(3) Within’’ and inserting the following: 
‘‘(3) LEGAL DESCRIPTION.—Not later than’’; and 
(B) in the second sentence, by striking ‘‘map referred 
to in paragraph (1)’’ and inserting ‘‘maps referred to in 
paragraphs (1) and (2)’’. 
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL 
PARK. 
(a) DESIGNATION.—The Abraham Lincoln Birthplace National 
Historic Site in the State of Kentucky shall be known and des-
ignated as the ‘‘Abraham Lincoln Birthplace National Historical 
Park’’. 
(b) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
Abraham Lincoln Birthplace National Historic Site shall be deemed 
to be a reference to the ‘‘Abraham Lincoln Birthplace National 
Historical Park’’. 
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. 
Section 1106 of the National Parks and Recreation Act of 1978 
(16 U.S.C. 460m–20) is amended in the first sentence by striking 
‘‘may’’ and inserting ‘‘shall’’. 
SEC. 7116. TECHNICAL CORRECTIONS. 
(a) GAYLORD NELSON WILDERNESS.— 
(1) REDESIGNATION.—Section 140 of division E of the 
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; 
Public Law 108–447), is amended— 
(A) in subsection (a), by striking ‘‘Gaylord A. Nelson’’ 
and inserting ‘‘Gaylord Nelson’’; and 
(B) in subsection (c)(4), by striking ‘‘Gaylord A. Nelson 
Wilderness’’ and inserting ‘‘Gaylord Nelson Wilderness’’. 
Kentucky. 
16 USC 217b. 
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123 STAT. 1203 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
‘‘Gaylord A. Nelson Wilderness’’ shall be deemed to be a ref-
erence to the ‘‘Gaylord Nelson Wilderness’’. 
(b) ARLINGTON HOUSE LAND TRANSFER.—Section 2863(h)(1) of 
Public Law 107–107 (115 Stat. 1333) is amended by striking ‘‘the 
George Washington Memorial Parkway’’ and inserting ‘‘Arlington 
House, The Robert E. Lee Memorial,’’. 
(c) CUMBERLAND ISLAND WILDERNESS.—Section 2(a)(1) of Public 
Law 97–250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by 
striking ‘‘numbered 640/20,038I, and dated September 2004’’ and 
inserting ‘‘numbered 640/20,038K, and dated September 2005’’. 
(d) PETRIFIED FOREST BOUNDARY.—Section 2(1) of the Petrified 
Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note; 
Public Law 108–430) is amended by striking ‘‘numbered 110/80,044, 
and dated July 2004’’ and inserting ‘‘numbered 110/80,045, and 
dated January 2005’’. 
(e) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40, 
United States Code, is amended— 
(1) in section 8903(d), by inserting ‘‘Natural’’ before 
‘‘Resources’’; 
(2) in section 8904(b), by inserting ‘‘Advisory’’ before 
‘‘Commission’’; and 
(3) in section 8908(b)(1)— 
(A) in the first sentence, by inserting ‘‘Advisory’’ before 
‘‘Commission’’; and 
(B) in the second sentence, by striking ‘‘House Adminis-
tration’’ and inserting ‘‘Natural Resources’’. 
(f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC 
TRAIL.—Section 5(a)(25)(A) of the National Trails System Act (16 
U.S.C. 1244(a)(25)(A)) is amended by striking ‘‘The John Smith’’ 
and inserting ‘‘The Captain John Smith’’. 
(g) DELAWARE NATIONAL COASTAL SPECIAL RESOURCE STUDY.— 
Section 604 of the Delaware National Coastal Special Resources 
Study Act (Public Law 109–338; 120 Stat. 1856) is amended by 
striking ‘‘under section 605’’. 
(h) USE OF RECREATION FEES.—Section 808(a)(1)(F) of the Fed-
eral Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) 
is amended by striking ‘‘section 6(a)’’ and inserting ‘‘section 806(a)’’. 
(i) CROSSROADS
OF
THE
AMERICAN
REVOLUTION
NATIONAL 
HERITAGE AREA.—Section 297F(b)(2)(A) of the Crossroads of the 
American Revolution National Heritage Area Act of 2006 (Public 
Law 109–338; 120 Stat. 1844) is amended by inserting ‘‘duties’’ 
before ‘‘of the’’. 
(j) CUYAHOGA VALLEY NATIONAL PARK.—Section 474(12) of the 
Consolidated Natural Resources Act of 2008 (Public Law 1110– 
229; 122 Stat. 827) is amended by striking ‘‘Cayohoga’’ each place 
it appears and inserting ‘‘Cuyahoga’’. 
(k) PENNSYLVANIA AVENUE NATIONAL HISTORIC SITE.— 
(1) NAME ON MAP.—Section 313(d)(1)(B) of the Department 
of the Interior and Related Agencies Appropriations Act, 1996 
(Public Law 104–134; 110 Stat. 1321–199; 40 U.S.C. 872 note) 
is amended by striking ‘‘map entitled ‘Pennsylvania Avenue 
National Historic Park’, dated June 1, 1995, and numbered 
840–82441’’ and inserting ‘‘map entitled ‘Pennsylvania Avenue 
National Historic Site’, dated August 25, 2008, and numbered 
840–82441B’’. 
40 USC 6702. 
16 USC 461 note. 
16 USC 461 note. 
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123 STAT. 1204 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
Pennsylvania Avenue National Historic Park shall be deemed 
to be a reference to the ‘‘Pennsylvania Avenue National Historic 
Site’’. 
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, 
OHIO. 
(a) ADDITIONAL AREAS INCLUDED IN PARK.—Section 101 of the 
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 
410ww, et seq.) is amended by adding at the end the following: 
‘‘(c) ADDITIONAL SITES.—In addition to the sites described in 
subsection (b), the park shall consist of the following sites, as 
generally depicted on a map titled ‘Dayton Aviation Heritage 
National Historical Park’, numbered 362/80,013 and dated May 
2008: 
‘‘(1) Hawthorn Hill, Oakwood, Ohio. 
‘‘(2) The Wright Company factory and associated land and 
buildings, Dayton, Ohio.’’. 
(b) PROTECTION OF HISTORIC PROPERTIES.—Section 102 of the 
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 
410ww–1) is amended— 
(1) in subsection (a), by inserting ‘‘Hawthorn Hill, the 
Wright Company factory,’’ after ‘‘, acquire’’; 
(2) in subsection (b), by striking ‘‘Such agreements’’ and 
inserting: 
‘‘(d) CONDITIONS.—Cooperative agreements under this section’’; 
(3) by inserting before subsection (d) (as added by para-
graph 2) the following: 
‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized 
to enter into a cooperative agreement with a partner or partners, 
including the Wright Family Foundation, to operate and provide 
programming for Hawthorn Hill and charge reasonable fees not-
withstanding any other provision of law, which may be used to 
defray the costs of park operation and programming.’’; and 
(4) by striking ‘‘Commission’’ and inserting ‘‘Aviation Herit-
age Foundation’’. 
(c) 
GRANT
ASSISTANCE.—The 
Dayton 
Aviation 
Heritage 
Preservation Act of 1992, is amended— 
(1) by redesignating subsection (b) of section 108 as sub-
section (c); and 
(2) by inserting after subsection (a) of section 108 the 
following new subsection: 
‘‘(b) GRANT ASSISTANCE.—The Secretary is authorized to make 
grants to the parks’ partners, including the Aviation Trail, Inc., 
the Ohio Historical Society, and Dayton History, for projects not 
requiring Federal involvement other than providing financial assist-
ance, subject to the availability of appropriations in advance identi-
fying the specific partner grantee and the specific project. Projects 
funded through these grants shall be limited to construction and 
development on non-Federal property within the boundaries of the 
park. Any project funded by such a grant shall support the purposes 
of the park, shall be consistent with the park’s general management 
plan, and shall enhance public use and enjoyment of the park.’’. 
(d) NATIONAL AVIATION HERITAGE AREA.—Title V of division 
J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461 
note; Public Law 108–447), is amended— 
16 USC 
410ww–7. 
16 USC 410ww. 
16 USC 6702 
note. 
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123 STAT. 1205 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) in section 503(3), by striking ‘‘104’’ and inserting ‘‘504’’; 
(2) in section 503(4), by striking ‘‘106’’ and inserting ‘‘506’’; 
(3) in section 504, by striking subsection (b)(2) and by 
redesignating subsection (b)(3) as subsection (b)(2); and 
(4) in section 505(b)(1), by striking ‘‘106’’ and inserting 
‘‘506’’. 
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. 
Public Law 87–213 (16 U.S.C. 461 note) is amended as follows: 
(1) In the first section— 
(A) by striking ‘‘the Secretary of the Interior’’ and 
inserting ‘‘(a) The Secretary of the Interior’’; 
(B) by striking ‘‘476 acres’’ and inserting ‘‘646 acres’’; 
and 
(C) by adding at the end the following: 
‘‘(b) The Secretary may acquire from willing sellers land com-
prising approximately 55 acres, as depicted on the map titled ‘Fort 
Davis Proposed Boundary Expansion’, numbered 418/80,045, and 
dated April 2008. The map shall be on file and available for public 
inspection in the appropriate offices of the National Park Service. 
Upon acquisition of the land, the land shall be incorporated into 
the Fort Davis National Historic Site.’’. 
(2) By repealing section 3. 
Subtitle C—Special Resource Studies 
SEC. 7201. WALNUT CANYON STUDY. 
(a) DEFINITIONS.—In this section: 
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Walnut 
Canyon Proposed Study Area’’ and dated July 17, 2007. 
(2) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agriculture, acting 
jointly. 
(3) STUDY AREA.—The term ‘‘study area’’ means the area 
identified on the map as the ‘‘Walnut Canyon Proposed Study 
Area’’. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretaries shall conduct a study 
of the study area to assess— 
(A) the suitability and feasibility of designating all 
or part of the study area as an addition to Walnut Canyon 
National Monument, in accordance with section 8(c) of 
Public Law 91–383 (16 U.S.C. 1a–5(c)); 
(B) continued management of the study area by the 
Forest Service; or 
(C) any other designation or management option that 
would provide for— 
(i) protection of resources within the study area; 
and 
(ii) continued access to, and use of, the study area 
by the public. 
(2) CONSULTATION.—The Secretaries shall provide for 
public comment in the preparation of the study, including con-
sultation with appropriate Federal, State, and local govern-
mental entities. 
Public comment. 
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123 STAT. 1206 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) REPORT.—Not later than 18 months after the date on 
which funds are made available to carry out this section, the 
Secretaries shall submit to the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that 
describes— 
(A) the results of the study; and 
(B) any recommendations of the Secretaries. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this section. 
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’) shall conduct a special 
resource study of the Tule Lake Segregation Center to deter-
mine the national significance of the site and the suitability 
and feasibility of including the site in the National Park 
System. 
(2) STUDY GUIDELINES.—The study shall be conducted in 
accordance with the criteria for the study of areas for potential 
inclusion in the National Park System under section 8 of Public 
Law 91–383 (16 U.S.C. 1a–5). 
(3) CONSULTATION.—In conducting the study, the Secretary 
shall consult with— 
(A) Modoc County; 
(B) the State of California; 
(C) appropriate Federal agencies; 
(D) tribal and local government entities; 
(E) private and nonprofit organizations; and 
(F) private landowners. 
(4) SCOPE OF STUDY.—The study shall include an evaluation 
of— 
(A) the significance of the site as a part of the history 
of World War II; 
(B) the significance of the site as the site relates to 
other war relocation centers;. 
(C) the historical resources of the site, including the 
stockade, that are intact and in place; 
(D) the contributions made by the local agricultural 
community to the World War II effort; and 
(E) the potential impact of designation of the site as 
a unit of the National Park System on private landowners. 
(b) REPORT.—Not later than 3 years after the date on which 
funds are made available to conduct the study required under 
this section, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report describing 
the findings, conclusions, and recommendations of the study. 
SEC. 7203. ESTATE GRANGE, ST. CROIX. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’), in consultation with 
the Governor of the Virgin Islands, shall conduct a special 
resource study of Estate Grange and other sites and resources 
Virgin Islands. 
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123 STAT. 1207 
PUBLIC LAW 111–11—MAR. 30, 2009 
associated with Alexander Hamilton’s life on St. Croix in the 
United States Virgin Islands. 
(2) CONTENTS.—In conducting the study under paragraph 
(1), the Secretary shall evaluate— 
(A) the national significance of the sites and resources; 
and 
(B) the suitability and feasibility of designating the 
sites and resources as a unit of the National Park System. 
(3) CRITERIA.—The criteria for the study of areas for poten-
tial inclusion in the National Park System contained in section 
8 of Public Law 91–383 (16 U.S.C. 1a–5) shall apply to the 
study under paragraph (1). 
(4) REPORT.—Not later than 3 years after the date on 
which funds are first made available for the study under para-
graph (1), the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate 
a report containing— 
(A) the results of the study; and 
(B) any findings, conclusions, and recommendations 
of the Secretary. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to carry out this section, 
the Secretary of the Interior (referred to in this section as 
the ‘‘Secretary’’) shall complete a special resource study of the 
Harriet Beecher Stowe House in Brunswick, Maine, to 
evaluate— 
(A) the national significance of the Harriet Beecher 
Stowe House and surrounding land; and 
(B) the suitability and feasibility of designating the 
Harriet Beecher Stowe House and surrounding land as 
a unit of the National Park System. 
(2) STUDY GUIDELINES.—In conducting the study authorized 
under paragraph (1), the Secretary shall use the criteria for 
the study of areas for potential inclusion in the National Park 
System contained in section 8(c) of Public Law 91–383 (16 
U.S.C. 1a–5(c)). 
(b) REPORT.—On completion of the study required under sub-
section (a), the Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a report containing the 
findings, conclusions, and recommendations of the study. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA. 
(a) SPECIAL RESOURCES STUDY.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall conduct a 
special resource study relating to the Battle of Shepherdstown 
in Shepherdstown, West Virginia, to evaluate— 
Deadline. 
Applicability. 
Evaluation. 
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123 STAT. 1208 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) the national significance of the Shepherdstown battle-
field and sites relating to the Shepherdstown battlefield; and 
(2) 
the 
suitability 
and 
feasibility 
of 
adding 
the 
Shepherdstown 
battlefield 
and 
sites 
relating 
to 
the 
Shepherdstown battlefield as part of— 
(A) Harpers Ferry National Historical Park; or 
(B) Antietam National Battlefield. 
(b) CRITERIA.—In conducting the study authorized under sub-
section (a), the Secretary shall use the criteria for the study of 
areas for potential inclusion in the National Park System contained 
in section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Natural Resources of the 
House of Representatives a report containing the findings, conclu-
sions, and recommendations of the study conducted under sub-
section (a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. 
(a) IN GENERAL.—The Secretary of the Interior (referred to 
in this section as the ‘‘Secretary’’) shall conduct a special resource 
study of the site of Green McAdoo School in Clinton, Tennessee, 
(referred to in this section as the ‘‘site’’) to evaluate— 
(1) the national significance of the site; and 
(2) the suitability and feasibility of designating the site 
as a unit of the National Park System. 
(b) CRITERIA.—In conducting the study under subsection (a), 
the Secretary shall use the criteria for the study of areas for 
potential inclusion in the National Park System under section 8(c) 
of Public Law 91–383 (16 U.S.C. 1a–5(c)). 
(c) CONTENTS.—The study authorized by this section shall— 
(1) determine the suitability and feasibility of designating 
the site as a unit of the National Park System; 
(2) include cost estimates for any necessary acquisition, 
development, operation, and maintenance of the site; and 
(3) identify alternatives for the management, administra-
tion, and protection of the site. 
(d) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes— 
(1) the findings and conclusions of the study; and 
(2) any recommendations of the Secretary. 
SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 
(a) IN GENERAL.—The Secretary of the Interior (referred to 
in this section as the ‘‘Secretary’’) shall conduct a special resource 
study of the Harry S Truman Birthplace State Historic Site 
(referred to in this section as the ‘‘birthplace site’’) in Lamar, 
Missouri, to determine— 
(1) the suitability and feasibility of— 
(A) adding the birthplace site to the Harry S Truman 
National Historic Site; or 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(B) designating the birthplace site as a separate unit 
of the National Park System; and 
(2) the methods and means for the protection and 
interpretation of the birthplace site by the National Park 
Service, other Federal, State, or local government entities, or 
private or nonprofit organizations. 
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the 
study required under subsection (a) in accordance with section 
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing— 
(1) the results of the study conducted under subsection 
(a); and 
(2) any recommendations of the Secretary with respect 
to the birthplace site. 
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY. 
(a) IN GENERAL.—The Secretary of the Interior (referred to 
in this section as the ‘‘Secretary’’) shall conduct a special resource 
study of the sites and resources at Matewan, West Virginia, associ-
ated with the Battle of Matewan (also known as the ‘‘Matewan 
Massacre’’) of May 19, 1920, to determine— 
(1) the suitability and feasibility of designating certain 
historic areas of Matewan, West Virginia, as a unit of the 
National Park System; and 
(2) the methods and means for the protection and 
interpretation of the historic areas by the National Park 
Service, other Federal, State, or local government entities, or 
private or nonprofit organizations. 
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the 
study required under subsection (a) in accordance with section 
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing— 
(1) the results of the study conducted under subsection 
(a); and 
(2) any recommendations of the Secretary with respect 
to the historic areas. 
SEC. 7209. BUTTERFIELD OVERLAND TRAIL. 
(a) IN GENERAL.—The Secretary of the Interior (referred to 
in this section as the ‘‘Secretary’’) shall conduct a special resource 
study along the route known as the ‘‘Ox-Bow Route’’ of the 
Butterfield Overland Trail (referred to in this section as the ‘‘route’’) 
in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, 
New Mexico, Arizona, and California to evaluate— 
(1) a range of alternatives for protecting and interpreting 
the resources of the route, including alternatives for potential 
addition of the Trail to the National Trails System; and 
(2) the methods and means for the protection and 
interpretation of the route by the National Park Service, other 
State listing. 
West Virginia. 
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123 STAT. 1210 
PUBLIC LAW 111–11—MAR. 30, 2009 
Federal, State, or local government entities, or private or non-
profit organizations. 
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the 
study required under subsection (a) in accordance with section 
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) or section 5(b) of 
the National Trails System Act (16 U.S.C. 1244(b)), as appropriate. 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing— 
(1) the results of the study conducted under subsection 
(a); and 
(2) any recommendations of the Secretary with respect 
to the route. 
SEC. 7210. COLD WAR SITES THEME STUDY. 
(a) DEFINITIONS.— 
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the Cold War Advisory Committee established under 
subsection (c). 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) THEME
STUDY.—The term ‘‘theme study’’ means the 
national historic landmark theme study conducted under sub-
section (b)(1). 
(b) COLD WAR THEME STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct a national 
historic landmark theme study to identify sites and resources 
in the United States that are significant to the Cold War. 
(2) RESOURCES.—In conducting the theme study, the Sec-
retary shall consider— 
(A) the inventory of sites and resources associated with 
the Cold War completed by the Secretary of Defense under 
section 8120(b)(9) of the Department of Defense Appropria-
tions Act, 1991 (Public Law 101–511; 104 Stat. 1906); and 
(B) historical studies and research of Cold War sites 
and resources, including— 
(i) intercontinental ballistic missiles; 
(ii) flight training centers; 
(iii) manufacturing facilities; 
(iv) communications and command centers (such 
as Cheyenne Mountain, Colorado); 
(v) defensive radar networks (such as the Distant 
Early Warning Line); 
(vi) nuclear weapons test sites (such as the Nevada 
test site); and 
(vii) strategic and tactical aircraft. 
(3) CONTENTS.—The theme study shall include— 
(A) recommendations for commemorating and inter-
preting sites and resources identified by the theme study, 
including— 
(i) sites for which studies for potential inclusion 
in the National Park System should be authorized; 
(ii) sites for which new national historic landmarks 
should be nominated; and 
(iii) other appropriate designations; 
16 USC 1a–5 
note. 
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123 STAT. 1211 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) recommendations for cooperative agreements 
with— 
(i) State and local governments; 
(ii) local historical organizations; and 
(iii) other appropriate entities; and 
(C) an estimate of the amount required to carry out 
the recommendations under subparagraphs (A) and (B). 
(4) CONSULTATION.—In conducting the theme study, the 
Secretary shall consult with— 
(A) the Secretary of the Air Force; 
(B) State and local officials; 
(C) State historic preservation offices; and 
(D) other interested organizations and individuals. 
(5) REPORT.—Not later than 3 years after the date on 
which funds are made available to carry out this section, the 
Secretary shall submit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that describes 
the findings, conclusions, and recommendations of the theme 
study. 
(c) COLD WAR ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—As soon as practicable after funds 
are made available to carry out this section, the Secretary 
shall establish an advisory committee, to be known as the 
‘‘Cold War Advisory Committee’’, to assist the Secretary in 
carrying out this section. 
(2) COMPOSITION.—The Advisory Committee shall be com-
posed of 9 members, to be appointed by the Secretary, of 
whom— 
(A) 3 shall have expertise in Cold War history; 
(B) 2 shall have expertise in historic preservation; 
(C) 1 shall have expertise in the history of the United 
States; and 
(D) 3 shall represent the general public. 
(3) CHAIRPERSON.—The Advisory Committee shall select 
a chairperson from among the members of the Advisory Com-
mittee. 
(4) COMPENSATION.—A member of the Advisory Committee 
shall serve without compensation but may be reimbursed by 
the Secretary for expenses reasonably incurred in the perform-
ance of the duties of the Advisory Committee. 
(5) MEETINGS.—On at least 3 occasions, the Secretary (or 
a designee) shall meet and consult with the Advisory Committee 
on matters relating to the theme study. 
(d) INTERPRETIVE HANDBOOK ON THE COLD WAR.—Not later 
than 4 years after the date on which funds are made available 
to carry out this section, the Secretary shall— 
(1) prepare and publish an interpretive handbook on the 
Cold War; and 
(2) disseminate information in the theme study by other 
appropriate means. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $500,000. 
SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA. 
(a) IN
GENERAL.—The Secretary shall complete a special 
resource study of the site of the Battle of Camden fought in South 
Publication. 
Deadline. 
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123 STAT. 1212 
PUBLIC LAW 111–11—MAR. 30, 2009 
Carolina on August 16, 1780, and the site of Historic Camden, 
which is a National Park System Affiliated Area, to determine— 
(1) the suitability and feasibility of designating the sites 
as a unit or units of the National Park System; and 
(2) the methods and means for the protection and 
interpretation of these sites by the National Park Service, other 
Federal, State, or local government entities or private or non- 
profit organizations. 
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the 
study in accordance with section 8(c) of Public Law 91–383 (16 
U.S.C. 1a–5(c)). 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing— 
(1) the results of the study; and 
(2) any recommendations of the Secretary. 
SEC. 7212. FORT SAN GERO
´ NIMO, PUERTO RICO. 
(a) DEFINITIONS.—In this section: 
(1) FORT SAN GERO
´ NIMO.—The term ‘‘Fort San Gero
´nimo’’ 
(also known as ‘‘Fortı
´n de San Gero
´nimo del Boquero
´n’’) means 
the fort and grounds listed on the National Register of Historic 
Places and located near Old San Juan, Puerto Rico. 
(2) RELATED
RESOURCES.—The term ‘‘related resources’’ 
means other parts of the fortification system of old San Juan 
that are not included within the boundary of San Juan National 
Historic Site, such as sections of the City Wall or other fortifica-
tions. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall complete a special 
resource study of Fort San Gero
´nimo and other related 
resources, to determine— 
(A) the suitability and feasibility of including Fort San 
Gero
´nimo and other related resources in the Common-
wealth of Puerto Rico as part of San Juan National Historic 
Site; and 
(B) the methods and means for the protection and 
interpretation of Fort San Gero
´nimo and other related 
resources by the National Park Service, other Federal, 
State, or local government entities or private or non-profit 
organizations. 
(2) STUDY REQUIREMENTS.—The Secretary shall conduct the 
study in accordance with section 8(c) of Public Law 91–383 
(16 U.S.C. 1a–5(c)). 
(c) REPORT.—Not later than 3 years after the date on which 
funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing— 
(1) the results of the study; and 
(2) any recommendations of the Secretary. 
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123 STAT. 1213 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle D—Program Authorizations 
SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM. 
(a) PURPOSE.—The purpose of this section is to assist citizens, 
public and private institutions, and governments at all levels in 
planning, interpreting, and protecting sites where historic battles 
were fought on American soil during the armed conflicts that shaped 
the growth and development of the United States, in order that 
present and future generations may learn and gain inspiration 
from the ground where Americans made their ultimate sacrifice. 
(b) PRESERVATION ASSISTANCE.— 
(1) IN GENERAL.—Using the established national historic 
preservation program to the extent practicable, the Secretary 
of the Interior, acting through the American Battlefield Protec-
tion Program, shall encourage, support, assist, recognize, and 
work in partnership with citizens, Federal, State, local, and 
tribal governments, other public entities, educational institu-
tions, and private nonprofit organizations in identifying, 
researching, evaluating, interpreting, and protecting historic 
battlefields and associated sites on a National, State, and local 
level. 
(2) FINANCIAL ASSISTANCE.—To carry out paragraph (1), 
the Secretary may use a cooperative agreement, grant, contract, 
or other generally adopted means of providing financial assist-
ance. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated $3,000,000 annually to carry out this 
subsection, to remain available until expended. 
(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
BATTLEFIELD
REPORT.—The 
term 
‘‘Battlefield 
Report’’ means the document entitled ‘‘Report on the 
Nation’s Civil War Battlefields’’, prepared by the Civil War 
Sites Advisory Commission, and dated July 1993. 
(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means 
a State or local government. 
(C) ELIGIBLE SITE.—The term ‘‘eligible site’’ means a 
site— 
(i) that is not within the exterior boundaries of 
a unit of the National Park System; and 
(ii) that is identified in the Battlefield Report. 
(D) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior, acting through the American Battle-
field Protection Program. 
(2) ESTABLISHMENT.—The Secretary shall establish a 
battlefield acquisition grant program under which the Secretary 
may provide grants to eligible entities to pay the Federal share 
of the cost of acquiring interests in eligible sites for the 
preservation and protection of those eligible sites. 
(3) NONPROFIT PARTNERS.—An eligible entity may acquire 
an interest in an eligible site using a grant under this sub-
section in partnership with a nonprofit organization. 
(4) NON-FEDERAL SHARE.—The non-Federal share of the 
total cost of acquiring an interest in an eligible site under 
this subsection shall be not less than 50 percent. 
16 USC 469k–1. 
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123 STAT. 1214 
PUBLIC LAW 111–11—MAR. 30, 2009 
(5) LIMITATION ON LAND USE.—An interest in an eligible 
site acquired under this subsection shall be subject to section 
6(f)(3) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l–8(f)(3)). 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to provide grants 
under this subsection $10,000,000 for each of fiscal years 2009 
through 2013. 
SEC. 7302. PRESERVE AMERICA PROGRAM. 
(a) PURPOSE.—The purpose of this section is to authorize the 
Preserve America Program, including— 
(1) the Preserve America grant program within the Depart-
ment of the Interior; 
(2) the recognition programs administered by the Advisory 
Council on Historic Preservation; and 
(3) the related efforts of Federal agencies, working in part-
nership with State, tribal, and local governments and the pri-
vate sector, to support and promote the preservation of historic 
resources. 
(b) DEFINITIONS.—In this section: 
(1) COUNCIL.—The term ‘‘Council’’ means the Advisory 
Council on Historic Preservation. 
(2) HERITAGE
TOURISM.—The term ‘‘heritage tourism’’ 
means the conduct of activities to attract and accommodate 
visitors to a site or area based on the unique or special aspects 
of the history, landscape (including trail systems), and culture 
of the site or area. 
(3) PROGRAM.—The term ‘‘program’’ means the Preserve 
America Program established under subsection (c)(1). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(c) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the Department 
of the Interior the Preserve America Program, under which 
the Secretary, in partnership with the Council, may provide 
competitive grants to States, local governments (including local 
governments in the process of applying for designation as Pre-
serve America Communities under subsection (d)), Indian 
tribes, communities designated as Preserve America Commu-
nities under subsection (d), State historic preservation offices, 
and tribal historic preservation offices to support preservation 
efforts through heritage tourism, education, and historic 
preservation planning activities. 
(2) ELIGIBLE PROJECTS.— 
(A) IN
GENERAL.—The following projects shall be 
eligible for a grant under this section: 
(i) A project for the conduct of— 
(I) research on, and documentation of, the his-
tory of a community; and 
(II) surveys of the historic resources of a 
community. 
(ii) An education and interpretation project that 
conveys the history of a community or site. 
(iii) A planning project (other than building 
rehabilitation) that advances economic development 
using heritage tourism and historic preservation. 
16 USC 469n. 
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123 STAT. 1215 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iv) A training project that provides opportunities 
for professional development in areas that would aid 
a community in using and promoting its historic 
resources. 
(v) A project to support heritage tourism in a Pre-
serve America Community designated under subsection 
(d). 
(vi) Other nonconstruction projects that identify 
or promote historic properties or provide for the edu-
cation of the public about historic properties that are 
consistent with the purposes of this section. 
(B) LIMITATION.—In providing grants under this sec-
tion, the Secretary shall only provide 1 grant to each 
eligible project selected for a grant. 
(3) PREFERENCE.—In providing grants under this section, 
the Secretary may give preference to projects that carry out 
the purposes of both the program and the Save America’s 
Treasures Program. 
(4) CONSULTATION AND NOTIFICATION.— 
(A) CONSULTATION.—The Secretary shall consult with 
the Council in preparing the list of projects to be provided 
grants for a fiscal year under the program. 
(B) NOTIFICATION.—Not later than 30 days before the 
date on which the Secretary provides grants for a fiscal 
year under the program, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate, the Committee on Appropriations of the Senate, 
the Committee on Natural Resources of the House of Rep-
resentatives, and the Committee on Appropriations of the 
House of Representatives a list of any eligible projects 
that are to be provided grants under the program for 
the fiscal year. 
(5) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The non-Federal share of the cost 
of carrying out a project provided a grant under this section 
shall be not less than 50 percent of the total cost of the 
project. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share required under subparagraph (A) shall be in the 
form of— 
(i) cash; or 
(ii) donated supplies and related services, the value 
of which shall be determined by the Secretary. 
(C) REQUIREMENT.—The Secretary shall ensure that 
each applicant for a grant has the capacity to secure, 
and a feasible plan for securing, the non-Federal share 
for an eligible project required under subparagraph (A) 
before a grant is provided to the eligible project under 
the program. 
(d) DESIGNATION OF PRESERVE AMERICA COMMUNITIES.— 
(1) APPLICATION.—To be considered for designation as a 
Preserve America Community, a community, tribal area, or 
neighborhood shall submit to the Council an application con-
taining such information as the Council may require. 
(2) CRITERIA.—To be designated as a Preserve America 
Community under the program, a community, tribal area, or 
neighborhood that submits an application under paragraph (1) 
Deadline. 
List. 
Grants. 
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123 STAT. 1216 
PUBLIC LAW 111–11—MAR. 30, 2009 
shall, as determined by the Council, in consultation with the 
Secretary, meet criteria required by the Council and, in addi-
tion, consider— 
(A) protection and celebration of the heritage of the 
community, tribal area, or neighborhood; 
(B) use of the historic assets of the community, tribal 
area, or neighborhood for economic development and 
community revitalization; and 
(C) encouragement of people to experience and appre-
ciate local historic resources through education and herit-
age tourism programs. 
(3) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HIS-
TORIC PRESERVATION ACTIVITIES.—The Council shall establish 
an expedited process for Preserve America Community designa-
tion for local governments previously certified for historic 
preservation activities under section 101(c)(1) of the National 
Historic Preservation Act (16 U.S.C. 470a(c)(1)). 
(4) GUIDELINES.—The Council, in consultation with the 
Secretary, shall establish any guidelines that are necessary 
to carry out this subsection. 
(e) REGULATIONS.—The Secretary shall develop any guidelines 
and issue any regulations that the Secretary determines to be 
necessary to carry out this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $25,000,000 for each 
fiscal year, to remain available until expended. 
SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM. 
(a) PURPOSE.—The purpose of this section is to authorize within 
the Department of the Interior the Save America’s Treasures Pro-
gram, to be carried out by the Director of the National Park Service, 
in partnership with— 
(1) the National Endowment for the Arts; 
(2) the National Endowment for the Humanities; 
(3) the Institute of Museum and Library Services; 
(4) the National Trust for Historic Preservation; 
(5) the National Conference of State Historic Preservation 
Officers; 
(6) the National Association of Tribal Historic Preservation 
Officers; and 
(7) the President’s Committee on the Arts and the Human-
ities. 
(b) DEFINITIONS.—In this section: 
(1) COLLECTION.—The term ‘‘collection’’ means a collection 
of intellectual and cultural artifacts, including documents, 
sculpture, and works of art. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 
Federal entity, State, local, or tribal government, educational 
institution, or nonprofit organization. 
(3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has 
the meaning given the term in section 301 of the National 
Historic Preservation Act (16 U.S.C. 470w). 
(4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally signifi-
cant’’ means a collection or historic property that meets the 
applicable criteria for national significance, in accordance with 
regulations promulgated by the Secretary pursuant to section 
16 USC 469o. 
Guidelines. 
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123 STAT. 1217 
PUBLIC LAW 111–11—MAR. 30, 2009 
101(a)(2) of the National Historic Preservation Act (16 U.S.C. 
470a(a)(2)). 
(5) PROGRAM.—The term ‘‘program’’ means the Save Amer-
ica’s Treasures Program established under subsection (c)(1). 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 
(c) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the Department 
of the Interior the Save America’s Treasures program, under 
which the amounts made available to the Secretary under 
subsection (e) shall be used by the Secretary, in consultation 
with the organizations described in subsection (a), subject to 
paragraph (6)(A)(ii), to provide grants to eligible entities for 
projects to preserve nationally significant collections and his-
toric properties. 
(2) DETERMINATION
OF
GRANTS.—Of the amounts made 
available for grants under subsection (e), not less than 50 
percent shall be made available for grants for projects to pre-
serve collections and historic properties, to be distributed 
through a competitive grant process administered by the Sec-
retary, subject to the eligibility criteria established under para-
graph (5). 
(3) APPLICATIONS
FOR
GRANTS.—To be considered for a 
competitive grant under the program an eligible entity shall 
submit to the Secretary an application containing such informa-
tion as the Secretary may require. 
(4) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR 
COMPETITIVE GRANTS.— 
(A) IN GENERAL.—A collection or historic property shall 
be provided a competitive grant under the program only 
if the Secretary determines that the collection or historic 
property is— 
(i) nationally significant; and 
(ii) threatened or endangered. 
(B) ELIGIBLE COLLECTIONS.—A determination by the 
Secretary regarding the national significance of collections 
under subparagraph (A)(i) shall be made in consultation 
with the organizations described in subsection (a), as appro-
priate. 
(C) ELIGIBLE HISTORIC PROPERTIES.—To be eligible for 
a competitive grant under the program, a historic property 
shall, as of the date of the grant application— 
(i) be listed in the National Register of Historic 
Places at the national level of significance; or 
(ii) be designated as a National Historic Landmark. 
(5) SELECTION CRITERIA FOR GRANTS.— 
(A) IN GENERAL.—The Secretary shall not provide a 
grant under this section to a project for an eligible collection 
or historic property unless the project— 
(i) eliminates or substantially mitigates the threat 
of destruction or deterioration of the eligible collection 
or historic property; 
(ii) has a clear public benefit; and 
(iii) is able to be completed on schedule and within 
the budget described in the grant application. 
Determination. 
Grants. 
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123 STAT. 1218 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) PREFERENCE.—In providing grants under this sec-
tion, the Secretary may give preference to projects that 
carry out the purposes of both the program and the Pre-
serve America Program. 
(C) LIMITATION.—In providing grants under this sec-
tion, the Secretary shall only provide 1 grant to each 
eligible project selected for a grant. 
(6) CONSULTATION AND NOTIFICATION BY SECRETARY.— 
(A) CONSULTATION.— 
(i) IN GENERAL.—Subject to clause (ii), the Sec-
retary shall consult with the organizations described 
in subsection (a) in preparing the list of projects to 
be provided grants for a fiscal year by the Secretary 
under the program. 
(ii) LIMITATION.—If an entity described in clause 
(i) has submitted an application for a grant under 
the program, the entity shall be recused by the Sec-
retary from the consultation requirements under that 
clause and paragraph (1). 
(B) NOTIFICATION.—Not later than 30 days before the 
date on which the Secretary provides grants for a fiscal 
year under the program, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate, the Committee on Appropriations of the Senate, 
the Committee on Natural Resources of the House of Rep-
resentatives, and the Committee on Appropriations of the 
House of Representatives a list of any eligible projects 
that are to be provided grants under the program for 
the fiscal year. 
(7) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The non-Federal share of the cost 
of carrying out a project provided a grant under this section 
shall be not less than 50 percent of the total cost of the 
project. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share required under subparagraph (A) shall be in the 
form of— 
(i) cash; or 
(ii) donated supplies or related services, the value 
of which shall be determined by the Secretary. 
(C) REQUIREMENT.—The Secretary shall ensure that 
each applicant for a grant has the capacity and a feasible 
plan for securing the non-Federal share for an eligible 
project required under subparagraph (A) before a grant 
is provided to the eligible project under the program. 
(d) REGULATIONS.—The Secretary shall develop any guidelines 
and issue any regulations that the Secretary determines to be 
necessary to carry out this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $50,000,000 for each 
fiscal year, to remain available until expended. 
SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM. 
Section 4 of Public Law 106–45 (16 U.S.C. 461 note; 113 Stat. 
226) is amended by striking ‘‘2009’’ and inserting ‘‘2019’’. 
Guidelines. 
Deadline. 
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123 STAT. 1219 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE. 
The National Cave and Karst Research Institute Act of 1998 
(16 U.S.C. 4310 note; Public Law 105–325) is amended by striking 
section 5 and inserting the following: 
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums as are 
necessary to carry out this Act.’’. 
Subtitle E—Advisory Commissions 
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMIS-
SION. 
Section 505(f)(7) of the National Parks and Recreation Act 
of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ‘‘ten years 
after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau 
Re-establishment Act of 1996’’ and inserting ‘‘on December 31, 
2018’’. 
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION. 
Effective September 26, 2008, section 8(a) of Public Law 87– 
126 (16 U.S.C. 459b–7(a)) is amended in the second sentence by 
striking ‘‘2008’’ and inserting ‘‘2018’’. 
SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD. 
Section 409(d) of the National Park Service Concessions 
Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is 
amended in the first sentence by striking ‘‘2008’’ and inserting 
‘‘2009’’. 
SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION. 
(a) DEFINITIONS.—In this section: 
(1) COMMEMORATION.—The term ‘‘commemoration’’ means 
the commemoration of the 450th anniversary of the founding 
of the settlement of St. Augustine, Florida. 
(2) COMMISSION.—The term ‘‘Commission’’ means the St. 
Augustine 450th Commemoration Commission established by 
subsection (b)(1). 
(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor 
of the State. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.— 
(A) IN GENERAL.—The term ‘‘State’’ means the State 
of Florida. 
(B) INCLUSION.—The term ‘‘State’’ includes agencies 
and entities of the State of Florida. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a commission, to 
be known as the ‘‘St. Augustine 450th Commemoration 
Commission’’. 
(2) MEMBERSHIP.— 
(A) COMPOSITION.—The Commission shall be composed 
of 14 members, of whom— 
(i) 3 members shall be appointed by the Secretary, 
after considering the recommendations of the St. 
Augustine City Commission; 
Florida. 
16 USC 470a 
note. 
Effective dates. 
Extensions. 
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123 STAT. 1220 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) 3 members shall be appointed by the Secretary, 
after considering the recommendations of the Governor; 
(iii) 1 member shall be an employee of the National 
Park Service having experience relevant to the histor-
ical resources relating to the city of St. Augustine 
and the commemoration, to be appointed by the Sec-
retary; 
(iv) 1 member shall be appointed by the Secretary, 
taking into consideration the recommendations of the 
Mayor of the city of St. Augustine; 
(v) 1 member shall be appointed by the Secretary, 
after considering the recommendations of the Chan-
cellor of the University System of Florida; and 
(vi) 5 members shall be individuals who are resi-
dents of the State who have an interest in, support 
for, and expertise appropriate to the commemoration, 
to be appointed by the Secretary, taking into consider-
ation the recommendations of Members of Congress. 
(B) TIME OF APPOINTMENT.—Each appointment of an 
initial member of the Commission shall be made before 
the expiration of the 120-day period beginning on the date 
of enactment of this Act. 
(C) TERM; VACANCIES.— 
(i) TERM.—A member of the Commission shall be 
appointed for the life of the Commission. 
(ii) VACANCIES.— 
(I) IN GENERAL.—A vacancy on the Commis-
sion shall be filled in the same manner in which 
the original appointment was made. 
(II) PARTIAL TERM.—A member appointed to 
fill a vacancy on the Commission shall serve for 
the remainder of the term for which the prede-
cessor of the member was appointed. 
(iii) CONTINUATION OF MEMBERSHIP.—If a member 
of the Commission was appointed to the Commission 
as Mayor of the city of St. Augustine or as an employee 
of the National Park Service or the State University 
System of Florida, and ceases to hold such position, 
that member may continue to serve on the Commission 
for not longer than the 30-day period beginning on 
the date on which that member ceases to hold the 
position. 
(3) DUTIES.—The Commission shall— 
(A) plan, develop, and carry out programs and activities 
appropriate for the commemoration; 
(B) facilitate activities relating to the commemoration 
throughout the United States; 
(C) encourage civic, patriotic, historical, educational, 
artistic, religious, economic, and other organizations 
throughout the United States to organize and participate 
in anniversary activities to expand understanding and 
appreciation of the significance of the founding and con-
tinuing history of St. Augustine; 
(D) provide technical assistance to States, localities, 
and nonprofit organizations to further the commemoration; 
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123 STAT. 1221 
PUBLIC LAW 111–11—MAR. 30, 2009 
(E) coordinate and facilitate for the public scholarly 
research on, publication about, and interpretation of, St. 
Augustine; 
(F) ensure that the commemoration provides a lasting 
legacy and long-term public benefit by assisting in the 
development of appropriate programs; and 
(G) help ensure that the observances of the foundation 
of St. Augustine are inclusive and appropriately recognize 
the experiences and heritage of all individuals present 
when St. Augustine was founded. 
(c) COMMISSION MEETINGS.— 
(1) INITIAL MEETING.—Not later than 30 days after the 
date on which all members of the Commission have been 
appointed, the Commission shall hold the initial meeting of 
the Commission. 
(2) MEETINGS.—The Commission shall meet— 
(A) at least 3 times each year; or 
(B) at the call of the Chairperson or the majority 
of the members of the Commission. 
(3) QUORUM.—A majority of the voting members shall con-
stitute a quorum, but a lesser number may hold meetings. 
(4) CHAIRPERSON AND VICE CHAIRPERSON.— 
(A) ELECTION.—The Commission shall elect the Chair-
person and the Vice Chairperson of the Commission on 
an annual basis. 
(B) ABSENCE OF THE CHAIRPERSON.—The Vice Chair-
person shall serve as the Chairperson in the absence of 
the Chairperson. 
(5) VOTING.—The Commission shall act only on an affirma-
tive vote of a majority of the members of the Commission. 
(d) COMMISSION POWERS.— 
(1) GIFTS.—The Commission may solicit, accept, use, and 
dispose of gifts, bequests, or devises of money or other property 
for aiding or facilitating the work of the Commission. 
(2) APPOINTMENT OF ADVISORY COMMITTEES.—The Commis-
sion may appoint such advisory committees as the Commission 
determines to be necessary to carry out this section. 
(3) AUTHORIZATION
OF
ACTION.—The Commission may 
authorize any member or employee of the Commission to take 
any action that the Commission is authorized to take under 
this section. 
(4) PROCUREMENT.— 
(A) IN GENERAL.—The Commission may procure sup-
plies, services, and property, and make or enter into con-
tracts, leases, or other legal agreements, to carry out this 
section (except that a contract, lease, or other legal agree-
ment made or entered into by the Commission shall not 
extend beyond the date of termination of the Commission). 
(B) LIMITATION.—The Commission may not purchase 
real property. 
(5) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as other agencies of the Federal Government. 
(6) GRANTS AND TECHNICAL ASSISTANCE.—The Commission 
may— 
Deadline. 
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123 STAT. 1222 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) provide grants in amounts not to exceed $20,000 
per grant to communities and nonprofit organizations for 
use in developing programs to assist in the commemoration; 
(B) provide grants to research and scholarly organiza-
tions to research, publish, or distribute information relating 
to the early history of St. Augustine; and 
(C) provide technical assistance to States, localities, 
and nonprofit organizations to further the commemoration. 
(e) COMMISSION PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.— 
(A) IN GENERAL.—Except as provided in paragraph (2), 
a member of the Commission shall serve without compensa-
tion. 
(B) FEDERAL EMPLOYEES.—A member of the Commis-
sion who is an officer or employee of the Federal Govern-
ment shall serve without compensation other than the com-
pensation received for the services of the member as an 
officer or employee of the Federal Government. 
(2) TRAVEL EXPENSES.—A member of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Commission. 
(3) DIRECTOR AND STAFF.— 
(A) IN GENERAL.—The Chairperson of the Commission 
may, without regard to the civil service laws (including 
regulations), nominate an executive director to enable the 
Commission to perform the duties of the Commission. 
(B) CONFIRMATION
OF
EXECUTIVE
DIRECTOR.—The 
employment of an executive director shall be subject to 
confirmation by the Commission. 
(4) COMPENSATION.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Commission may fix the compensation of the execu-
tive director and other personnel without regard to the 
provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating to classification 
of positions and General Schedule pay rates. 
(B) MAXIMUM RATE OF PAY.—The rate of pay for the 
executive director and other personnel shall not exceed 
the rate payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(5) DETAIL OF GOVERNMENT EMPLOYEES.— 
(A) FEDERAL EMPLOYEES.— 
(i) DETAIL.—At the request of the Commission, 
the head of any Federal agency may detail, on a 
reimbursable or nonreimbursable basis, any of the per-
sonnel of the agency to the Commission to assist the 
Commission in carrying out the duties of the Commis-
sion under this section. 
(ii) CIVIL
SERVICE
STATUS.—The detail of an 
employee under clause (i) shall be without interruption 
or loss of civil service status or privilege. 
(B) STATE EMPLOYEES.—The Commission may— 
(i) accept the services of personnel detailed from 
the State; and 
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123 STAT. 1223 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) reimburse the State for services of detailed 
personnel. 
(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The Chairperson of the Commission may procure tem-
porary and intermittent services in accordance with section 
3109(b) of title 5, United States Code, at rates for individuals 
that do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title. 
(7) VOLUNTEER AND UNCOMPENSATED SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, the 
Commission may accept and use such voluntary and uncompen-
sated services as the Commission determines to be necessary. 
(8) SUPPORT SERVICES.— 
(A) IN GENERAL.—The Secretary shall provide to the 
Commission, on a reimbursable basis, such administrative 
support services as the Commission may request. 
(B) REIMBURSEMENT.—Any reimbursement under this 
paragraph shall be credited to the appropriation, fund, 
or account used for paying the amounts reimbursed. 
(9) FACA NONAPPLICABILITY.—Section 14(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission. 
(10) NO EFFECT ON AUTHORITY.—Nothing in this subsection 
supersedes the authority of the State, the National Park 
Service, the city of St. Augustine, or any designee of those 
entities, with respect to the commemoration. 
(f) PLANS; REPORTS.— 
(1) STRATEGIC PLAN.—The Commission shall prepare a stra-
tegic plan for the activities of the Commission carried out 
under this section. 
(2) FINAL REPORT.—Not later than September 30, 2015, 
the Commission shall complete and submit to Congress a final 
report that contains— 
(A) a summary of the activities of the Commission; 
(B) a final accounting of funds received and expended 
by the Commission; and 
(C) the findings and recommendations of the Commis-
sion. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the Commission to carry out this section $500,000 for each 
of fiscal years 2009 through 2015. 
(2) AVAILABILITY.—Amounts made available under para-
graph (1) shall remain available until December 31, 2015. 
(h) TERMINATION OF COMMISSION.— 
(1) DATE OF TERMINATION.—The Commission shall termi-
nate on December 31, 2015. 
(2) TRANSFER OF DOCUMENTS AND MATERIALS.—Before the 
date of termination specified in paragraph (1), the Commission 
shall transfer all documents and materials of the Commission 
to the National Archives or another appropriate Federal entity. 
Expiration date. 
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123 STAT. 1224 
PUBLIC LAW 111–11—MAR. 30, 2009 
TITLE VIII—NATIONAL HERITAGE 
AREAS 
Subtitle A—Designation of National 
Heritage Areas 
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO. 
(a) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Sangre de Cristo National Heritage Area established by sub-
section (b)(1). 
(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 
means the management entity for the Heritage Area designated 
by subsection (b)(4). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (d). 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pro-
posed Sangre De Cristo National Heritage Area’’ and dated 
November 2005. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State of Colorado. 
(b) SANGRE DE CRISTO NATIONAL HERITAGE AREA.— 
(1) ESTABLISHMENT.—There is established in the State the 
Sangre de Cristo National Heritage Area. 
(2) BOUNDARIES.—The Heritage Area shall consist of— 
(A) the counties of Alamosa, Conejos, and Costilla; 
and 
(B) the Monte Vista National Wildlife Refuge, the Baca 
National Wildlife Refuge, the Great Sand Dunes National 
Park and Preserve, and other areas included in the map. 
(3) MAP.—A map of the Heritage Area shall be— 
(A) included in the management plan; and 
(B) on file and available for public inspection in the 
appropriate offices of the National Park Service. 
(4) MANAGEMENT ENTITY.— 
(A) IN
GENERAL.—The management entity for the 
Heritage Area shall be the Sangre de Cristo National Herit-
age Area Board of Directors. 
(B) MEMBERSHIP
REQUIREMENTS.—Members of the 
Board shall include representatives from a broad cross- 
section of the individuals, agencies, organizations, and 
governments that were involved in the planning and 
development of the Heritage Area before the date of enact-
ment of this Act. 
(c) ADMINISTRATION.— 
(1) AUTHORITIES.—For purposes of carrying out the 
management plan, the Secretary, acting through the manage-
ment entity, may use amounts made available under this sec-
tion to— 
(A) make grants to the State or a political subdivision 
of the State, nonprofit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State or a political subdivision 
16 USC 461 note. 
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123 STAT. 1225 
PUBLIC LAW 111–11—MAR. 30, 2009 
of the State, nonprofit organizations, and other interested 
parties; 
(C) hire and compensate staff, which shall include 
individuals with expertise in natural, cultural, and histor-
ical resources protection, and heritage programming; 
(D) obtain money or services from any source including 
any that are provided under any other Federal law or 
program; 
(E) contract for goods or services; and 
(F) undertake to be a catalyst for any other activity 
that furthers the Heritage Area and is consistent with 
the approved management plan. 
(2) DUTIES.—The management entity shall— 
(A) in accordance with subsection (d), prepare and 
submit a management plan for the Heritage Area to the 
Secretary; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in carrying out 
the approved management plan by— 
(i) carrying out programs and projects that recog-
nize, protect, and enhance important resource values 
in the Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs in the Heritage Area; 
(iii) 
developing 
recreational 
and 
educational 
opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, natural, historical, scenic, and cultural 
resources of the Heritage Area; 
(v) protecting and restoring historic sites and 
buildings in the Heritage Area that are consistent with 
Heritage Area themes; 
(vi) ensuring that clear, consistent, and appro-
priate signs identifying points of public access, and 
sites of interest are posted throughout the Heritage 
Area; and 
(vii) promoting a wide range of partnerships among 
governments, organizations, and individuals to further 
the Heritage Area; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
(D) conduct meetings open to the public at least semi-
annually regarding the development and implementation 
of the management plan; 
(E) for any year that Federal funds have been received 
under this section— 
(i) submit an annual report to the Secretary that 
describes the activities, expenses, and income of the 
management entity (including grants to any other enti-
ties during the year that the report is made); 
(ii) make available to the Secretary for audit all 
records relating to the expenditure of the funds and 
any matching funds; 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
Management 
plan. 
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123 STAT. 1226 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iii) require, with respect to all agreements author-
izing expenditure of Federal funds by other organiza-
tions, that the organizations receiving the funds make 
available to the Secretary for audit all records con-
cerning the expenditure of the funds; and 
(F) encourage by appropriate means economic viability 
that is consistent with the Heritage Area. 
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 
The management entity shall not use Federal funds made 
available under this section to acquire real property or any 
interest in real property. 
(4) COST-SHARING REQUIREMENT.—The Federal share of the 
cost of any activity carried out using any assistance made 
available under this section shall be 50 percent. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the management entity shall submit 
to the Secretary for approval a proposed management plan 
for the Heritage Area. 
(2) REQUIREMENTS.—The management plan shall— 
(A) incorporate an integrated and cooperative approach 
for the protection, enhancement, and interpretation of the 
natural, 
cultural, 
historic, 
scenic, 
and 
recreational 
resources of the Heritage Area; 
(B) take into consideration State and local plans; 
(C) include— 
(i) an inventory of— 
(I) the resources located in the core area 
described in subsection (b)(2); and 
(II) any other property in the core area that— 
(aa) is related to the themes of the Herit-
age Area; and 
(bb) should be preserved, restored, man-
aged, or maintained because of the significance 
of the property; 
(ii) comprehensive policies, strategies and rec-
ommendations for conservation, funding, management, 
and development of the Heritage Area; 
(iii) a description of actions that governments, pri-
vate organizations, and individuals have agreed to take 
to protect the natural, historical and cultural resources 
of the Heritage Area; 
(iv) a program of implementation for the manage-
ment plan by the management entity that includes 
a description of— 
(I) actions to facilitate ongoing collaboration 
among partners to promote plans for resource 
protection, restoration, and construction; and 
(II) specific commitments for implementation 
that have been made by the management entity 
or any government, organization, or individual for 
the first 5 years of operation; 
(v) the identification of sources of funding for car-
rying out the management plan; 
(vi) analysis and recommendations for means by 
which local, State, and Federal programs, including 
the role of the National Park Service in the Heritage 
Deadline. 
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123 STAT. 1227 
PUBLIC LAW 111–11—MAR. 30, 2009 
Area, may best be coordinated to carry out this section; 
and 
(vii) an interpretive plan for the Heritage Area; 
and 
(D) recommend policies and strategies for resource 
management that consider and detail the application of 
appropriate land and water management techniques, 
including the development of intergovernmental and inter-
agency cooperative agreements to protect the natural, 
historical, cultural, educational, scenic, and recreational 
resources of the Heritage Area. 
(3) DEADLINE.—If a proposed management plan is not sub-
mitted to the Secretary by the date that is 3 years after the 
date of enactment of this Act, the management entity shall 
be ineligible to receive additional funding under this section 
until the date that the Secretary receives and approves the 
management plan. 
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of receipt of the management plan under paragraph 
(1), the Secretary, in consultation with the State, shall 
approve or disapprove the management plan. 
(B) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the management entity is representative of the 
diverse interests of the Heritage Area, including 
governments, natural and historic resource protection 
organizations, educational institutions, businesses, and 
recreational organizations; 
(ii) the management entity has afforded adequate 
opportunity, including public hearings, for public and 
governmental involvement in the preparation of the 
management plan; and 
(iii) the resource protection and interpretation 
strategies contained in the management plan, if imple-
mented, would adequately protect the natural, histor-
ical, and cultural resources of the Heritage Area. 
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 
disapproves the management plan under subparagraph (A), 
the Secretary shall— 
(i) advise the management entity in writing of 
the reasons for the disapproval; 
(ii) make recommendations for revisions to the 
management plan; and 
(iii) not later than 180 days after the receipt of 
any proposed revision of the management plan from 
the management entity, approve or disapprove the pro-
posed revision. 
(D) AMENDMENTS.— 
(i) IN GENERAL.—The Secretary shall approve or 
disapprove each amendment to the management plan 
that the Secretary determines make a substantial 
change to the management plan. 
(ii) USE OF FUNDS.—The management entity shall 
not use Federal funds authorized by this section to 
Deadline. 
Recommenda- 
tions. 
Deadline. 
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123 STAT. 1228 
PUBLIC LAW 111–11—MAR. 30, 2009 
carry out any amendments to the management plan 
until the Secretary has approved the amendments. 
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—The head of any 
Federal agency planning to conduct activities that may have 
an impact on the Heritage Area is encouraged to consult and 
coordinate the activities with the Secretary and the manage-
ment entity to the maximum extent practicable. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any law or regulation 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(f) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain from partici-
pating in any plan, project, program, or activity conducted 
within the Heritage Area; 
(2) requires any property owner to permit public access 
(including access by Federal, State, or local agencies) to the 
property of the property owner, or to modify public access 
or use of property of the property owner under any other 
Federal, State, or local law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State or local agency, or conveys any land use or other regu-
latory authority to the management entity; 
(4) authorizes or implies the reservation or appropriation 
of water or water rights; 
(5) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(g) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area, the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the management entity with 
respect to— 
(i) accomplishing the purposes of this section for 
the Heritage Area; and 
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123 STAT. 1229 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(B) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the leverage 
and impact of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area for pur-
poses of identifying the critical components for sustain-
ability of the Heritage Area. 
(3) REPORT.— 
(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Heritage Area. 
(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Heritage Area be reauthorized, the report shall include 
an analysis of— 
(i) ways in which Federal funding for the Heritage 
Area may be reduced or eliminated; and 
(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000, of which 
not more than $1,000,000 may be made available for any fiscal 
year. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide assistance under this section terminates on the date 
that is 15 years after the date of enactment of this Act. 
SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, 
COLORADO. 
(a) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Cache La Poudre River National Heritage Area established 
by subsection (b)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Poudre Heritage Alliance, the local 
coordinating entity for the Heritage Area designated by sub-
section (b)(4). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (d)(1). 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Cache 
La Poudre River National Heritage Area’’, numbered 960/ 
80,003, and dated April, 2004. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State of Colorado. 
(b) CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.— 
16 USC 461 note. 
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123 STAT. 1230 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) ESTABLISHMENT.—There is established in the State the 
Cache La Poudre River National Heritage Area. 
(2) BOUNDARIES.—The Heritage Area shall consist of the 
area depicted on the map. 
(3) MAP.—The map shall be on file and available for public 
inspection in the appropriate offices of— 
(A) the National Park Service; and 
(B) the local coordinating entity. 
(4) LOCAL COORDINATING ENTITY.—The local coordinating 
entity for the Heritage Area shall be the Poudre Heritage 
Alliance, a nonprofit organization incorporated in the State. 
(c) ADMINISTRATION.— 
(1) AUTHORITIES.—To carry out the management plan, the 
Secretary, acting through the local coordinating entity, may 
use amounts made available under this section— 
(A) to make grants to the State (including any political 
subdivision of the State), nonprofit organizations, and other 
individuals; 
(B) to enter into cooperative agreements with, or pro-
vide technical assistance to, the State (including any polit-
ical subdivision of the State), nonprofit organizations, and 
other interested parties; 
(C) to hire and compensate staff, which shall include 
individuals with expertise in natural, cultural, and histor-
ical resource protection, and heritage programming; 
(D) to obtain funds or services from any source, 
including funds or services that are provided under any 
other Federal law or program; 
(E) to enter into contracts for goods or services; and 
(F) to serve as a catalyst for any other activity that— 
(i) furthers the purposes and goals of the Heritage 
Area; and 
(ii) is consistent with the approved management 
plan. 
(2) DUTIES.—The local coordinating entity shall— 
(A) in accordance with subsection (d), prepare and 
submit to the Secretary a management plan for the Herit-
age Area; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in carrying out 
the approved management plan by— 
(i) carrying out programs and projects that recog-
nize, protect, and enhance important resource values 
located in the Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs in the Heritage Area; 
(iii) 
developing 
recreational 
and 
educational 
opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, the natural, historical, scenic, and cultural 
resources of the Heritage Area; 
(v) protecting and restoring historic sites and 
buildings in the Heritage Area that are consistent with 
Heritage Area themes; 
(vi) ensuring that clear, consistent, and appro-
priate signs identifying points of public access, and 
Management 
plan. 
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123 STAT. 1231 
PUBLIC LAW 111–11—MAR. 30, 2009 
sites of interest, are posted throughout the Heritage 
Area; and 
(vii) promoting a wide range of partnerships among 
governments, organizations, and individuals to further 
the Heritage Area; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
(D) conduct meetings open to the public at least semi-
annually regarding the development and implementation 
of the management plan; 
(E) for any year for which Federal funds have been 
received under this section— 
(i) submit an annual report to the Secretary that 
describes the activities, expenses, and income of the 
local coordinating entity (including grants to any other 
entities during the year that the report is made); 
(ii) make available to the Secretary for audit all 
records relating to the expenditure of the funds and 
any matching funds; and 
(iii) require, with respect to all agreements author-
izing expenditure of Federal funds by other organiza-
tions, that the organizations receiving the funds make 
available to the Secretary for audit all records con-
cerning the expenditure of the funds; and 
(F) encourage by appropriate means economic viability 
that is consistent with the Heritage Area. 
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 
The local coordinating entity shall not use Federal funds made 
available under this section to acquire real property or any 
interest in real property. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the local coordinating entity shall 
submit to the Secretary for approval a proposed management 
plan for the Heritage Area. 
(2) REQUIREMENTS.—The management plan shall— 
(A) incorporate an integrated and cooperative approach 
for the protection, enhancement, and interpretation of the 
natural, cultural, historic, scenic, educational, and rec-
reational resources of the Heritage Area; 
(B) take into consideration State and local plans; 
(C) include— 
(i) an inventory of the resources located in the 
Heritage Area; 
(ii) comprehensive policies, strategies, and rec-
ommendations for conservation, funding, management, 
and development of the Heritage Area; 
(iii) a description of actions that governments, pri-
vate organizations, and individuals have agreed to take 
to protect the natural, cultural, historic, scenic, edu-
cational, and recreational resources of the Heritage 
Area; 
(iv) a program of implementation for the manage-
ment plan by the local coordinating entity that includes 
a description of— 
Deadline. 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
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123 STAT. 1232 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) actions to facilitate ongoing collaboration 
among partners to promote plans for resource 
protection, restoration, and construction; and 
(II) specific commitments for implementation 
that have been made by the local coordinating 
entity or any government, organization, or indi-
vidual for the first 5 years of operation; 
(v) the identification of sources of funding for car-
rying out the management plan; 
(vi) analysis and recommendations for means by 
which local, State, and Federal programs, including 
the role of the National Park Service in the Heritage 
Area, may best be coordinated to carry out this section; 
and 
(vii) an interpretive plan for the Heritage Area; 
and 
(D) recommend policies and strategies for resource 
management that consider and detail the application of 
appropriate land and water management techniques, 
including the development of intergovernmental and inter-
agency cooperative agreements to protect the natural, cul-
tural, 
historic, 
scenic, 
educational, 
and 
recreational 
resources of the Heritage Area. 
(3) DEADLINE.—If a proposed management plan is not sub-
mitted to the Secretary by the date that is 3 years after the 
date of enactment of this Act, the local coordinating entity 
shall be ineligible to receive additional funding under this 
section until the date on which the Secretary approves a 
management plan. 
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of receipt of the management plan under paragraph 
(1), the Secretary, in consultation with the State, shall 
approve or disapprove the management plan. 
(B) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity is representative 
of the diverse interests of the Heritage Area, including 
governments, natural and historic resource protection 
organizations, educational institutions, businesses, and 
recreational organizations; 
(ii) the local coordinating entity has afforded ade-
quate opportunity, including public hearings, for public 
and governmental involvement in the preparation of 
the management plan; and 
(iii) the resource protection and interpretation 
strategies contained in the management plan, if imple-
mented, would adequately protect the natural, cultural, 
historic, scenic, educational, and recreational resources 
of the Heritage Area. 
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 
disapproves the management plan under subparagraph (A), 
the Secretary shall— 
(i) advise the local coordinating entity in writing 
of the reasons for the disapproval; 
Deadline. 
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123 STAT. 1233 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) make recommendations for revisions to the 
management plan; and 
(iii) not later than 180 days after the date of receipt 
of any proposed revision of the management plan from 
the local coordinating entity, approve or disapprove 
the proposed revision. 
(5) AMENDMENTS.— 
(A) IN GENERAL.—The Secretary shall approve or dis-
approve each amendment to the management plan that 
the Secretary determines would make a substantial change 
to the management plan. 
(B) USE OF FUNDS.—The local coordinating entity shall 
not use Federal funds authorized to be appropriated by 
this section to carry out any amendments to the manage-
ment plan until the Secretary has approved the amend-
ments. 
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law (including regulations). 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any law (including any 
regulation) authorizing a Federal agency to manage Federal 
land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(f) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any public or private property 
owner, including the right to refrain from participating in any 
plan, project, program, or activity conducted within the Herit-
age Area; 
(2) requires any property owner— 
(A) to permit public access (including access by Federal, 
State, or local agencies) to the property of the property 
owner; or 
(B) to modify public access or use of property of the 
property owner under any other Federal, State, or local 
law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State, or local agency; 
(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
Deadline. 
Recommenda- 
tions. 
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123 STAT. 1234 
PUBLIC LAW 111–11—MAR. 30, 2009 
(7) creates any liability, or affects any liability under any 
other law (including regulations), of any private property owner 
with respect to any individual injured on the private property. 
(g) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area, the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the local coordinating entity 
with respect to— 
(i) accomplishing the purposes of this section for 
the Heritage Area; and 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(B) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the leverage 
and impact of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area to identify 
the critical components for sustainability of the Heritage 
Area. 
(3) REPORT.— 
(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Heritage Area. 
(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Heritage Area be reauthorized, the report shall include 
an analysis of— 
(i) ways in which Federal funding for the Heritage 
Area may be reduced or eliminated; and 
(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(h) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $10,000,000, 
of which not more than $1,000,000 may be made available 
for any fiscal year. 
(2) COST-SHARING REQUIREMENT.—The Federal share of the 
cost of any activity carried out using any assistance made 
available under this section shall be 50 percent. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide assistance under this section terminates on the date 
that is 15 years after the date of enactment of this Act. 
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123 STAT. 1235 
PUBLIC LAW 111–11—MAR. 30, 2009 
(j) CONFORMING AMENDMENT.—The Cache La Poudre River Cor-
ridor Act (16 U.S.C. 461 note; Public Law 104–323) is repealed. 
SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the Board of Direc-
tors of the South Park National Heritage Area, comprised ini-
tially of the individuals, agencies, organizations, and govern-
ments that were involved in the planning and development 
of the Heritage Area before the date of enactment of this 
Act. 
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
South Park National Heritage Area established by subsection 
(b)(1). 
(3) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 
means the management entity for the Heritage Area designated 
by subsection (b)(4)(A). 
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
by subsection (d). 
(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘South 
Park National Heritage Area Map (Proposed)’’, dated January 
30, 2006. 
(6) PARTNER.—The term ‘‘partner’’ means a Federal, State, 
or local governmental entity, organization, private industry, 
educational institution, or individual involved in the conserva-
tion, preservation, interpretation, development or promotion 
of heritage sites or resources of the Heritage Area. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State of Colorado. 
(9) TECHNICAL
ASSISTANCE.—The term ‘‘technical assist-
ance’’ means any guidance, advice, help, or aid, other than 
financial assistance, provided by the Secretary. 
(b) SOUTH PARK NATIONAL HERITAGE AREA.— 
(1) ESTABLISHMENT.—There is established in the State the 
South Park National Heritage Area. 
(2) BOUNDARIES.—The Heritage Area shall consist of the 
areas included in the map. 
(3) MAP.—A map of the Heritage Area shall be— 
(A) included in the management plan; and 
(B) on file and available for public inspection in the 
appropriate offices of the National Park Service. 
(4) MANAGEMENT ENTITY.— 
(A) IN
GENERAL.—The management entity for the 
Heritage Area shall be the Park County Tourism & 
Community Development Office, in conjunction with the 
South Park National Heritage Area Board of Directors. 
(B) MEMBERSHIP
REQUIREMENTS.—Members of the 
Board shall include representatives from a broad cross- 
section of individuals, agencies, organizations, and govern-
ments that were involved in the planning and development 
of the Heritage Area before the date of enactment of this 
Act. 
(c) ADMINISTRATION.— 
(1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 
The management entity shall not use Federal funds made 
16 USC 461 note. 
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123 STAT. 1236 
PUBLIC LAW 111–11—MAR. 30, 2009 
available under this section to acquire real property or any 
interest in real property. 
(2) AUTHORITIES.—For purposes of carrying out the 
management plan, the Secretary, acting through the manage-
ment entity, may use amounts made available under this sec-
tion to— 
(A) make grants to the State or a political subdivision 
of the State, nonprofit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State or a political subdivision 
of the State, nonprofit organizations, and other interested 
parties; 
(C) hire and compensate staff, which shall include 
individuals with expertise in natural, cultural, and histor-
ical resources protection, fundraising, heritage facility plan-
ning and development, and heritage tourism programming; 
(D) obtain funds or services from any source, including 
funds or services that are provided under any other Federal 
law or program; 
(E) enter into contracts for goods or services; and 
(F) to facilitate the conduct of other projects and activi-
ties that further the Heritage Area and are consistent 
with the approved management plan. 
(3) DUTIES.—The management entity shall— 
(A) in accordance with subsection (d), prepare and 
submit a management plan for the Heritage Area to the 
Secretary; 
(B) assist units of local government, local property 
owners and businesses, and nonprofit organizations in car-
rying out the approved management plan by— 
(i) carrying out programs and projects that recog-
nize, protect, enhance, and promote important resource 
values in the Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs in the Heritage Area; 
(iii) developing economic, recreational and edu-
cational opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, historical, cultural, scenic, recreational, agri-
cultural, and natural resources of the Heritage Area; 
(v) protecting and restoring historic sites and 
buildings in the Heritage Area that are consistent with 
Heritage Area themes; 
(vi) ensuring that clear, consistent, and appro-
priate signs identifying points of public access, and 
sites of interest are posted throughout the Heritage 
Area; 
(vii) promoting a wide range of partnerships among 
governments, organizations, and individuals to further 
the Heritage Area; and 
(viii) planning and developing new heritage attrac-
tions, products and services; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
Management 
plan. 
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123 STAT. 1237 
PUBLIC LAW 111–11—MAR. 30, 2009 
(D) conduct meetings open to the public at least semi-
annually regarding the development and implementation 
of the management plan; 
(E) for any year for which Federal funds have been 
received under this section— 
(i) submit to the Secretary an annual report that 
describes the activities, expenses, and income of the 
management entity (including grants to any other enti-
ties during the year that the report is made); 
(ii) make available to the Secretary for audit all 
records relating to the expenditure of the Federal funds 
and any matching funds; and 
(iii) require, with respect to all agreements author-
izing expenditure of Federal funds by other organiza-
tions, that the organizations receiving the funds make 
available to the Secretary for audit all records con-
cerning the expenditure of the funds; and 
(F) encourage by appropriate means economic viability 
that is consistent with the Heritage Area. 
(4) COST-SHARING REQUIREMENT.—The Federal share of the 
cost of any activity carried out using any assistance made 
available under this section shall be 50 percent. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the management entity, with public 
participation, shall submit to the Secretary for approval a pro-
posed management plan for the Heritage Area. 
(2) REQUIREMENTS.—The management plan shall— 
(A) incorporate an integrated and cooperative approach 
for the protection, enhancement, interpretation, develop-
ment, and promotion of the historical, cultural, scenic, rec-
reational, agricultural, and natural resources of the Herit-
age Area; 
(B) take into consideration State and local plans; 
(C) include— 
(i) an inventory of— 
(I) the resources located within the areas 
included in the map; and 
(II) any other eligible and participating prop-
erty within the areas included in the map that— 
(aa) is related to the themes of the Herit-
age Area; and 
(bb) should be preserved, restored, man-
aged, maintained, developed, or promoted 
because of the significance of the property; 
(ii) comprehensive policies, strategies, and rec-
ommendations for conservation, funding, management, 
development, and promotion of the Heritage Area; 
(iii) a description of actions that governments, pri-
vate organizations, and individuals have agreed to take 
to manage protect the historical, cultural, scenic, rec-
reational, agricultural, and natural resources of the 
Heritage Area; 
(iv) a program of implementation for the manage-
ment plan by the management entity that includes 
a description of— 
Deadline. 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
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123 STAT. 1238 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) actions to facilitate ongoing and effective 
collaboration among partners to promote plans for 
resource protection, enhancement, interpretation, 
restoration, and construction; and 
(II) specific commitments for implementation 
that have been made by the management entity 
or any government, organization, or individual for 
the first 5 years of operation; 
(v) the identification of sources of funding for car-
rying out the management plan; 
(vi) an analysis of and recommendations for means 
by which Federal, State, and local programs, including 
the role of the National Park Service in the Heritage 
Area, may best be coordinated to carry out this section; 
and 
(vii) an interpretive plan for the Heritage Area; 
and 
(D) recommend policies and strategies for resource 
management that consider and detail the application of 
appropriate land and water management techniques, 
including the development of intergovernmental and inter-
agency cooperative agreements to protect the historical, 
cultural, scenic, recreational, agricultural, and natural 
resources of the Heritage Area. 
(3) DEADLINE.—If a proposed management plan is not sub-
mitted to the Secretary by the date that is 3 years after the 
date of enactment of this Act, the management entity shall 
be ineligible to receive additional funding under this section 
until the date on which the Secretary receives and approves 
the management plan. 
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of receipt of the management plan under paragraph 
(1), the Secretary, in consultation with the State, shall 
approve or disapprove the management plan. 
(B) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the management entity is representative of the 
diverse interests of the Heritage Area, including 
governments, natural and historical resource protection 
organizations, educational institutions, local businesses 
and industries, community organizations, recreational 
organizations, and tourism organizations; 
(ii) the management entity has afforded adequate 
opportunity, including public hearings, for public and 
governmental involvement in the preparation of the 
management plan; and 
(iii) strategies contained in the management plan, 
if implemented, would adequately balance the vol-
untary protection, development, and interpretation of 
the natural, historical, cultural, scenic, recreational, 
and agricultural resources of the Heritage Area. 
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 
disapproves the management plan under subparagraph (A), 
the Secretary shall— 
Deadline. 
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123 STAT. 1239 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) advise the management entity in writing of 
the reasons for the disapproval; 
(ii) make recommendations for revisions to the 
management plan; and 
(iii) not later than 180 days after the receipt of 
any proposed revision of the management plan from 
the management entity, approve or disapprove the pro-
posed revision. 
(D) AMENDMENTS.— 
(i) IN GENERAL.—The Secretary shall approve or 
disapprove each amendment to the management plan 
that the Secretary determines makes a substantial 
change to the management plan. 
(ii) USE OF FUNDS.—The management entity shall 
not use Federal funds authorized by this section to 
carry out any amendments to the management plan 
until the Secretary has approved the amendments. 
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—The head of any 
Federal agency planning to conduct activities that may have 
an impact on the Heritage Area is encouraged to consult and 
coordinate the activities with the Secretary and the manage-
ment entity to the maximum extent practicable. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any law or regulation 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(f) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain from partici-
pating in any plan, project, program, or activity conducted 
within the Heritage Area; 
(2) requires any property owner to permit public access 
(including access by Federal, State, or local agencies) to the 
property of the property owner, or to modify public access 
or use of property of the property owner under any other 
Federal, State, or local law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State or local agency, or conveys any land use or other regu-
latory authority to the management entity; 
(4) authorizes or implies the reservation or appropriation 
of water or water rights; 
(5) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
Deadline. 
Recommenda- 
tions. 
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123 STAT. 1240 
PUBLIC LAW 111–11—MAR. 30, 2009 
(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(g) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area, the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the management entity with 
respect to— 
(i) accomplishing the purposes of this section for 
the Heritage Area; and 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(B) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the leverage 
and impact of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area for pur-
poses of identifying the critical components for sustain-
ability of the Heritage Area. 
(3) REPORT.— 
(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Heritage Area. 
(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Heritage Area be reauthorized, the report shall include 
an analysis of— 
(i) ways in which Federal funding for the Heritage 
Area may be reduced or eliminated; and 
(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000, of which 
not more than $1,000,000 may be made available for any fiscal 
year. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide assistance under this section terminates on the date 
that is 15 years after the date of enactment of this Act. 
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH 
DAKOTA. 
(a) DEFINITIONS.—In this section: 
16 USC 461 note. 
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123 STAT. 1241 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Northern Plains National Heritage Area established by sub-
section (b)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Northern Plains Heritage Foundation, 
the local coordinating entity for the Heritage Area designated 
by subsection (c)(1). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (d). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State of North 
Dakota. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established the Northern Plains 
National Heritage Area in the State of North Dakota. 
(2) BOUNDARIES.—The Heritage Area shall consist of— 
(A) a core area of resources in Burleigh, McLean, 
Mercer, Morton, and Oliver Counties in the State; and 
(B) any sites, buildings, and districts within the core 
area recommended by the management plan for inclusion 
in the Heritage Area. 
(3) MAP.—A map of the Heritage Area shall be— 
(A) included in the management plan; and 
(B) on file and available for public inspection in the 
appropriate offices of the local coordinating entity and the 
National Park Service. 
(c) LOCAL COORDINATING ENTITY.— 
(1) IN
GENERAL.—The local coordinating entity for the 
Heritage Area shall be the Northern Plains Heritage Founda-
tion, a nonprofit corporation established under the laws of 
the State. 
(2) DUTIES.—To further the purposes of the Heritage Area, 
the Northern Plains Heritage Foundation, as the local coordi-
nating entity, shall— 
(A) prepare a management plan for the Heritage Area, 
and submit the management plan to the Secretary, in 
accordance with this section; 
(B) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section, specifying— 
(i) the specific performance goals and accomplish-
ments of the local coordinating entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(C) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; and 
(D) encourage economic viability and sustainability 
that is consistent with the purposes of the Heritage Area. 
Records. 
Deadline. 
Reports. 
Management 
plan. 
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123 STAT. 1242 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) AUTHORITIES.—For the purposes of preparing and imple-
menting the approved management plan for the Heritage Area, 
the local coordinating entity may use Federal funds made avail-
able under this section to— 
(A) make grants to political jurisdictions, nonprofit 
organizations, and other parties within the Heritage Area; 
(B) enter into cooperative agreements with or provide 
technical assistance to political jurisdictions, nonprofit 
organizations, Federal agencies, and other interested par-
ties; 
(C) hire and compensate staff, including individuals 
with expertise in— 
(i) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 
(ii) economic and community development; and 
(iii) heritage planning; 
(D) obtain funds or services from any source, including 
other Federal programs; 
(E) contract for goods or services; and 
(F) support activities of partners and any other activi-
ties that further the purposes of the Heritage Area and 
are consistent with the approved management plan. 
(4) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds authorized 
to be appropriated under this section to acquire any interest 
in real property. 
(5) OTHER SOURCES.—Nothing in this section precludes the 
local coordinating entity from using Federal funds from other 
sources for authorized purposes. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the local coordinating entity shall 
submit to the Secretary for approval a proposed management 
plan for the Heritage Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for telling the story of the heritage 
of the area covered by the Heritage Area and encouraging 
long-term resource protection, enhancement, interpretation, 
funding, management, and development of the Heritage 
Area; 
(B) include a description of actions and commitments 
that Federal, State, tribal, and local governments, private 
organizations, and citizens will take to protect, enhance, 
interpret, fund, manage, and develop the natural, histor-
ical, 
cultural, 
educational, 
scenic, 
and 
recreational 
resources of the Heritage Area; 
(C) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
(D) include an inventory of the natural, historical, cul-
tural, educational, scenic, and recreational resources of the 
Heritage Area relating to the national importance and 
themes of the Heritage Area that should be protected, 
enhanced, interpreted, managed, funded, and developed; 
Deadline. 
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123 STAT. 1243 
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(E) recommend policies and strategies for resource 
management, including the development of intergovern-
mental and interagency agreements to protect, enhance, 
interpret, fund, manage, and develop the natural, histor-
ical, 
cultural, 
educational, 
scenic, 
and 
recreational 
resources of the Heritage Area; 
(F) describe a program for implementation for the 
management plan, including— 
(i) performance goals; 
(ii) plans for resource protection, enhancement, 
interpretation, funding, management, and develop-
ment; and 
(iii) specific commitments for implementation that 
have been made by the local coordinating entity or 
any Federal, State, tribal, or local government agency, 
organization, business, or individual; 
(G) include an analysis of, and recommendations for, 
means by which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service and other Federal agencies associated with 
the Heritage Area) to further the purposes of this section; 
and 
(H) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and of each 
of the major activities described in the management 
plan; and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
and other resources necessary to implement the 
management plan for the Heritage Area. 
(3) DEADLINE.— 
(A) IN
GENERAL.—Not later than 3 years after the 
date on which funds are first made available to develop 
the management plan after designation of the Heritage 
Area, the local coordinating entity shall submit the 
management plan to the Secretary for approval. 
(B) TERMINATION
OF
FUNDING.—If the management 
plan is not submitted to the Secretary in accordance with 
subparagraph (A), the local coordinating entity shall not 
qualify for any additional financial assistance under this 
section until such time as the management plan is sub-
mitted to and approved by the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after receiving 
the plan, the Secretary shall review and approve or dis-
approve the management plan for the Heritage Area on 
the basis of the criteria established under subparagraph 
(B). 
(B) CRITERIA FOR APPROVAL.—In determining whether 
to approve a management plan for the Heritage Area, 
the Secretary shall consider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including Fed-
eral, State, tribal, and local governments, natural, and 
historic resource protection organizations, educational 
Deadline. 
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123 STAT. 1244 
PUBLIC LAW 111–11—MAR. 30, 2009 
institutions, businesses, recreational organizations, 
community residents, and private property owners; 
(ii) the local coordinating entity— 
(I) has afforded adequate opportunity for 
public and Federal, State, tribal, and local govern-
mental involvement (including through workshops 
and hearings) in the preparation of the manage-
ment plan; and 
(II) provides for at least semiannual public 
meetings to ensure adequate implementation of 
the management plan; 
(iii) 
the 
resource 
protection, 
enhancement, 
interpretation, funding, management, and development 
strategies described in the management plan, if imple-
mented, would adequately protect, enhance, interpret, 
fund, manage, and develop the natural, historic, cul-
tural, educational, scenic, and recreational resources 
of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal land under 
public land laws or land use plans; 
(v) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the plan; 
(vi) the Secretary has received adequate assur-
ances from the appropriate State, tribal, and local offi-
cials whose support is needed to ensure the effective 
implementation of the State, tribal, and local elements 
of the management plan; and 
(vii) the management plan demonstrates partner-
ships among the local coordinating entity, Federal, 
State, tribal, and local governments, regional planning 
organizations, nonprofit organizations, or private sector 
parties for implementation of the management plan. 
(C) DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(D) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized to be 
appropriated by this section to implement an amend-
ment to the management plan until the Secretary 
approves the amendment. 
Review. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(E) AUTHORITIES.—The Secretary may— 
(i) provide technical assistance under this section 
for the development and implementation of the 
management plan; and 
(ii) 
enter 
into 
cooperative 
agreements 
with 
interested parties to carry out this section. 
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide financial assist-
ance and, on a reimbursable or nonreimbursable basis, 
technical assistance to the local coordinating entity to 
develop and implement the management plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(C) PRIORITY.—In assisting the Heritage Area, the Sec-
retary shall give priority to actions that assist in— 
(i) conserving the significant natural, historic, cul-
tural, and scenic resources of the Heritage Area; and 
(ii) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(3) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(4) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies or alters any laws (including regulations) 
authorizing a Federal agency to manage Federal land under 
the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(f) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any owner of public or private 
property, including the right to refrain from participating in 
any plan, project, program, or activity conducted within the 
Heritage Area; 
(2) requires any property owner to— 
(A) permit public access (including access by Federal, 
State, or local agencies) to the property of the property 
owner; or 
(B) modify public access to, or use of, the property 
of the property owner under any other Federal, State, 
or local law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority of any Federal, 
State, tribal, or local agency; 
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123 STAT. 1246 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(7) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(g) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area under subsection (i), the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the local coordinating entity 
with respect to— 
(i) accomplishing the purposes of this section for 
the Heritage Area; and 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(B) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the leverage 
and impact of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area for pur-
poses of identifying the critical components for sustain-
ability of the Heritage Area. 
(3) REPORT.— 
(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Heritage Area. 
(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Heritage Area be reauthorized, the report shall include 
an analysis of— 
(i) ways in which Federal funding for the Heritage 
Area may be reduced or eliminated; and 
(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
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123 STAT. 1247 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution may be in 
the form of in-kind contributions of goods or services fairly 
valued. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide assistance under this section terminates on the date 
that is 15 years after the date of enactment of this Act. 
SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND. 
(a) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Baltimore National Heritage Area, established by subsection 
(b)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by subsection (b)(4). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (c)(1)(A). 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Balti-
more National Heritage Area’’, numbered T10/80,000, and dated 
October 2007. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State of Maryland. 
(b) BALTIMORE NATIONAL HERITAGE AREA.— 
(1) ESTABLISHMENT.—There is established the Baltimore 
National Heritage Area in the State. 
(2) BOUNDARIES.—The Heritage Area shall be comprised 
of the following areas, as described on the map: 
(A) The area encompassing the Baltimore City Heritage 
Area certified by the Maryland Heritage Areas Authority 
in October 2001 as part of the Baltimore City Heritage 
Area Management Action Plan. 
(B) The Mount Auburn Cemetery. 
(C) The Cylburn Arboretum. 
(D) The Middle Branch of the Patapsco River and 
surrounding shoreline, including— 
(i) the Cruise Maryland Terminal; 
(ii) new marina construction; 
(iii) the National Aquarium Aquatic Life Center; 
(iv) the Westport Redevelopment; 
(v) the Gwynns Falls Trail; 
(vi) the Baltimore Rowing Club; and 
(vii) the Masonville Cove Environmental Center. 
(3) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service and the Baltimore Heritage Area 
Association. 
(4) LOCAL COORDINATING ENTITY.—The Baltimore Heritage 
Area Association shall be the local coordinating entity for the 
Heritage Area. 
(c) DUTIES
AND
AUTHORITIES
OF
LOCAL
COORDINATING 
ENTITY.— 
16 USC 461 note. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur-
ther the purposes of the Heritage Area, the local coordinating 
entity shall— 
(A) prepare, and submit to the Secretary, in accordance 
with subsection (d), a management plan for the Heritage 
Area; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in implementing 
the approved management plan by— 
(i) carrying out programs and projects that recog-
nize, protect, and enhance important resource values 
within the Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs within the Heritage Area; 
(iii) 
developing 
recreational 
and 
educational 
opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, natural, historic, scenic, and cultural resources 
of the Heritage Area; 
(v) protecting and restoring historic sites and 
buildings in the Heritage Area that are consistent with 
the themes of the Heritage Area; 
(vi) ensuring that signs identifying points of public 
access and sites of interest are posted throughout the 
Heritage Area; and 
(vii) promoting a wide range of partnerships among 
governments, organizations, and individuals to further 
the purposes of the Heritage Area; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
(D) conduct meetings open to the public at least semi-
annually regarding the development and implementation 
of the management plan; 
(E) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section specifying— 
(i) the accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(F) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; 
(G) require in all agreements authorizing expenditures 
of Federal funds by other organizations, that the receiving 
organizations make available for audit all records and other 
information pertaining to the expenditure of the funds; 
and 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
Management 
plan. 
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123 STAT. 1249 
PUBLIC LAW 111–11—MAR. 30, 2009 
(H) encourage, by appropriate means, economic 
development that is consistent with the purposes of the 
Heritage Area. 
(2) AUTHORITIES.—The local coordinating entity may, sub-
ject to the prior approval of the Secretary, for the purposes 
of preparing and implementing the management plan, use Fed-
eral funds made available under this section to— 
(A) make grants to the State, political subdivisions 
of the State, nonprofit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State, political subdivisions of 
the State, nonprofit organizations, Federal agencies, and 
other interested parties; 
(C) hire and compensate staff; 
(D) obtain funds or services from any source, including 
funds and services provided under any other Federal law 
or program; 
(E) contract for goods or services; and 
(F) support activities of partners and any other activi-
ties that further the purposes of the Heritage Area and 
are consistent with the approved management plan. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds received 
under this section to acquire any interest in real property. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to develop the management 
plan, the local coordinating entity shall submit to the Secretary 
for approval a proposed management plan for the Heritage 
Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for telling the story of the heritage 
of the region and encouraging long-term resource protec-
tion, enhancement, interpretation, funding, management, 
and development of the Heritage Area; 
(B) take into consideration existing State, county, and 
local plans in the development and implementation of the 
management plan; 
(C) include a description of actions and commitments 
that governments, private organizations, and citizens plan 
to take to protect, enhance, and interpret the natural, 
historic, scenic, and cultural resources of the Heritage Area; 
(D) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
(E) include an inventory of the natural, historic, cul-
tural, educational, scenic, and recreational resources of the 
Heritage Area relating to the stories and themes of the 
region that should be protected, enhanced, managed, or 
developed; 
(F) recommend policies and strategies for resource 
management including, the development of intergovern-
mental and interagency agreements to protect the natural, 
historic, cultural, educational, scenic, and recreational 
resources of the Heritage Area; 
Deadline. 
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123 STAT. 1250 
PUBLIC LAW 111–11—MAR. 30, 2009 
(G) describe a program for implementation of the 
management plan, including— 
(i) performance goals; 
(ii) plans for resource protection, enhancement, 
and interpretation; and 
(iii) specific commitments for implementation that 
have been made by the local coordinating entity or 
any government, organization, business, or individual; 
(H) include an analysis of, and recommendations for, 
ways in which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service and other Federal agencies associated with 
the Heritage Area) to further the purposes of this section; 
(I) include an interpretive plan for the Heritage Area; 
and 
(J) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and of each 
of the major activities described in the management 
plan; and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
and other resources necessary to implement the 
management plan for the Heritage Area. 
(3) TERMINATION OF FUNDING.—If the management plan 
is not submitted to the Secretary in accordance with this sec-
tion, the local coordinating entity shall not qualify for additional 
financial assistance under this section until the management 
plan is submitted to, and approved by, the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after the date 
on which the Secretary receives the management plan, 
the Secretary shall approve or disapprove the management 
plan. 
(B) CONSULTATION
REQUIRED.—The Secretary shall 
consult with the Governor of the State and any tribal 
government in which the Heritage Area is located before 
approving the management plan. 
(C) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including 
governments, natural and historic resource protection 
organizations, educational institutions, businesses, 
community residents, and recreational organizations; 
(ii) the local coordinating entity has afforded ade-
quate opportunity for public and governmental involve-
ment 
(including 
through 
workshops 
and 
public 
meetings) in the preparation of the management plan; 
(iii) the resource protection and interpretation 
strategies described in the management plan, if imple-
mented, would adequately protect the natural, historic, 
and cultural resources of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal or tribal 
land under applicable laws or land use plans; 
Deadline. 
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123 STAT. 1251 
PUBLIC LAW 111–11—MAR. 30, 2009 
(v) the Secretary has received adequate assurances 
from the appropriate State, tribal, and local officials 
whose support is needed to ensure the effective 
implementation of the State, tribal, and local aspects 
of the management plan; and 
(vi) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the management plan. 
(D) ACTION FOLLOWING DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized to be 
appropriated by this section to implement an amend-
ment to the management plan until the Secretary 
approves the amendment. 
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide technical and 
financial assistance, on a reimbursable or nonreimbursable 
basis (as determined by the Secretary), to the local coordi-
nating entity to develop and implement the management 
plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(C) PRIORITY.—In assisting the Heritage Area, the Sec-
retary shall give priority to actions that assist in— 
(i) conserving the significant natural, historic, cul-
tural, and scenic resources of the Heritage Area; and 
(ii) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(2) EVALUATION; REPORT.— 
(A) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area under subsection (i), the Secretary 
shall— 
(i) conduct an evaluation of the accomplishments 
of the Heritage Area; and 
Review. 
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123 STAT. 1252 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) prepare a report with recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area, in accordance with 
subparagraph (C). 
(B) EVALUATION.—An evaluation conducted under 
subparagraph (A)(i) shall— 
(i) assess the progress of the local coordinating 
entity with respect to— 
(I) accomplishing the purposes of this section 
for the Heritage Area; and 
(II) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(ii) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the 
leverage and impact of the investments; and 
(iii) review the management structure, partnership 
relationships, and funding of the Heritage Area for 
purposes of identifying the critical components for 
sustainability of the Heritage Area. 
(C) REPORT.— 
(i) IN
GENERAL.—Based on the evaluation con-
ducted under subparagraph (A)(i), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(ii) REQUIRED ANALYSIS.—If the report prepared 
under this subparagraph recommends that Federal 
funding for the Heritage Area be reauthorized, the 
report shall include an analysis of— 
(I) ways in which Federal funding for the 
Heritage Area may be reduced or eliminated; and 
(II) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(iii) SUBMISSION TO CONGRESS.—On completion of 
a report under this subparagraph, the Secretary shall 
submit the report to— 
(I) the Committee on Energy and Natural 
Resources of the Senate; and 
(II) the Committee on Natural Resources of 
the House of Representatives. 
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any laws (including 
regulations) authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
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123 STAT. 1253 
PUBLIC LAW 111–11—MAR. 30, 2009 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(g) PROPERTY
OWNERS
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any owner of public or private 
property, including the right to refrain from participating in 
any plan, project, program, or activity conducted within the 
Heritage Area; 
(2) requires any property owner to— 
(A) permit public access (including Federal, tribal, 
State, or local government access) to the property; or 
(B) modify any provisions of Federal, tribal, State, 
or local law with regard to public access or use of private 
land; 
(3) alters any duly adopted land use regulations, approved 
land use plan, or any other regulatory authority of any Federal, 
State, or local agency, or tribal government; 
(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(7) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
(2) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution— 
(i) shall be from non-Federal sources; and 
(ii) may be in the form of in-kind contributions 
of goods or services fairly valued. 
(i) TERMINATION OF EFFECTIVENESS.—The authority of the Sec-
retary to provide assistance under this section terminates on the 
date that is 15 years after the date of enactment of this Act. 
SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE AREA, MASSACHU-
SETTS AND NEW HAMPSHIRE. 
(a) PURPOSES.—The purposes of this section are— 
(1) to foster a close working relationship between the Sec-
retary and all levels of government, the private sector, and 
local communities in the States of Massachusetts and New 
Hampshire; 
(2) to assist the entities described in paragraph (1) to 
preserve the special historic identity of the Heritage Area; 
and 
(3) to manage, preserve, protect, and interpret the cultural, 
historic, and natural resources of the Heritage Area for the 
educational and inspirational benefit of future generations. 
(b) DEFINITIONS.—In this section: 
16 USC 461 note. 
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123 STAT. 1254 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Freedom’s Way National Heritage Area established by sub-
section (c)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by subsection (c)(4). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (d)(1)(A). 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Free-
dom’s Way National Heritage Area’’, numbered T04/80,000, and 
dated July 2007. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(c) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established the Freedom’s Way 
National Heritage Area in the States of Massachusetts and 
New Hampshire. 
(2) BOUNDARIES.— 
(A) IN GENERAL.—The boundaries of the Heritage Area 
shall be as generally depicted on the map. 
(B) REVISION.—The boundaries of the Heritage Area 
may be revised if the revision is— 
(i) proposed in the management plan; 
(ii) approved by the Secretary in accordance with 
subsection (e)(4); and 
(iii) placed on file in accordance with paragraph 
(3). 
(3) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service and the local coordinating entity. 
(4) LOCAL
COORDINATING
ENTITY.—The Freedom’s Way 
Heritage Association, Inc., shall be the local coordinating entity 
for the Heritage Area. 
(d) DUTIES
AND
AUTHORITIES
OF
LOCAL
COORDINATING 
ENTITY.— 
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur-
ther the purposes of the Heritage Area, the local coordinating 
entity shall— 
(A) prepare, and submit to the Secretary, in accordance 
with subsection (e), a management plan for the Heritage 
Area; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in implementing 
the approved management plan by— 
(i) carrying out programs and projects that recog-
nize and protect important resource values within the 
Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs within the Heritage Area; 
(iii) 
developing 
recreational 
and 
educational 
opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, natural, historic, and cultural resources of 
the Heritage Area; 
Management 
plan. 
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123 STAT. 1255 
PUBLIC LAW 111–11—MAR. 30, 2009 
(v) protecting and restoring historic buildings in 
the Heritage Area that are consistent with the themes 
of the Heritage Area; and 
(vi) ensuring that signs identifying points of public 
access and sites of interest are posted throughout the 
Heritage Area; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
(D) conduct meetings open to the public at least quar-
terly regarding the development and implementation of 
the management plan; 
(E) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section specifying— 
(i) the accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(F) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; 
(G) require in all agreements authorizing expenditures 
of Federal funds by other organizations, that the receiving 
organizations make available for audit all records and other 
information pertaining to the expenditure of the funds; 
and 
(H) encourage, by appropriate means, economic 
development that is consistent with the purposes of the 
Heritage Area. 
(2) AUTHORITIES.—The local coordinating entity may, sub-
ject to the prior approval of the Secretary, for the purposes 
of preparing and implementing the management plan, use Fed-
eral funds made available under this section to— 
(A) make grants to the States of Massachusetts and 
New Hampshire, political subdivisions of the States, non-
profit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the States of Massachusetts and 
New Hampshire, political subdivisions of the States, non-
profit organizations, Federal agencies, and other interested 
parties; 
(C) hire and compensate staff; 
(D) obtain funds or services from any source, including 
funds and services provided under any other Federal law 
or program; 
(E) contract for goods or services; and 
(F) support activities of partners and any other activi-
ties that further the purposes of the Heritage Area and 
are consistent with the approved management plan. 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
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123 STAT. 1256 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds received 
under this section to acquire any interest in real property. 
(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY.—The local 
coordinating entity may use Federal funds made available 
under this section to assist non-Federal property that is— 
(A) described in the management plan; or 
(B) listed, or eligible for listing, on the National Reg-
ister of Historic Places. 
(e) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to develop the management 
plan, the local coordinating entity shall submit to the Secretary 
for approval a proposed management plan for the Heritage 
Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for the conservation, funding, 
management, and development of the Heritage Area; 
(B) take into consideration existing State, county, and 
local plans in the development and implementation of the 
management plan; 
(C) provide a framework for coordination of the plans 
considered under subparagraph (B) to present a unified 
historic preservation and interpretation plan; 
(D) contain the contributions of residents, public agen-
cies, and private organizations within the Heritage Area; 
(E) include a description of actions and commitments 
that governments, private organizations, and citizens plan 
to take to protect, enhance, and interpret the natural, 
historic, scenic, and cultural resources of the Heritage Area; 
(F) specify existing and potential sources of funding 
or economic development strategies to conserve, manage, 
and develop the Heritage Area; 
(G) include an inventory of the natural, historic, and 
recreational resources of the Heritage Area, including a 
list of properties that— 
(i) are related to the themes of the Heritage Area; 
and 
(ii) should be conserved, restored, managed, devel-
oped, or maintained; 
(H) recommend policies and strategies for resource 
management that— 
(i) apply appropriate land and water management 
techniques; 
(ii) include the development of intergovernmental 
and interagency agreements to protect the natural, 
historic, and cultural resources of the Heritage Area; 
and 
(iii) support economic revitalization efforts; 
(I) describe a program for implementation of the 
management plan, including— 
(i) restoration and construction plans or goals; 
(ii) a program of public involvement; 
(iii) annual work plans; and 
(iv) annual reports; 
Deadline. 
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123 STAT. 1257 
PUBLIC LAW 111–11—MAR. 30, 2009 
(J) include an analysis of, and recommendations for, 
ways in which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service and other Federal agencies associated with 
the Heritage Area) to further the purposes of this section; 
(K) include an interpretive plan for the Heritage Area; 
and 
(L) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and of each 
of the major activities described in the management 
plan; and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
and other resources necessary to implement the 
management plan for the Heritage Area. 
(3) TERMINATION OF FUNDING.—If the management plan 
is not submitted to the Secretary in accordance with this sec-
tion, the local coordinating entity shall not qualify for additional 
financial assistance under this section until the management 
plan is submitted to, and approved by, the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after the date 
on which the Secretary receives the management plan, 
the Secretary shall approve or disapprove the management 
plan. 
(B) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including 
governments, natural and historic resource protection 
organizations, educational institutions, businesses, 
community residents, and recreational organizations; 
(ii) the local coordinating entity has afforded ade-
quate opportunity for public and governmental involve-
ment 
(including 
through 
workshops 
and 
public 
meetings) in the preparation of the management plan; 
(iii) the resource protection and interpretation 
strategies described in the management plan, if imple-
mented, would adequately protect the natural, historic, 
and cultural resources of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal or tribal 
land under applicable laws or land use plans; 
(v) the Secretary has received adequate assurances 
from the appropriate State, tribal, and local officials 
whose support is needed to ensure the effective 
implementation of the State, tribal, and local aspects 
of the management plan; and 
(vi) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the management plan. 
(C) ACTION FOLLOWING DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
Deadline. 
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123 STAT. 1258 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(D) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized to be 
appropriated by this section to implement an amend-
ment to the management plan until the Secretary 
approves the amendment. 
(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide technical and 
financial assistance, on a reimbursable or nonreimbursable 
basis (as determined by the Secretary), to the local coordi-
nating entity to develop and implement the management 
plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(C) PRIORITY.—In assisting the Heritage Area, the Sec-
retary shall give priority to actions that assist in— 
(i) conserving the significant natural, historic, and 
cultural resources of the Heritage Area; and 
(ii) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(2) EVALUATION; REPORT.— 
(A) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area under subsection (j), the Secretary 
shall— 
(i) conduct an evaluation of the accomplishments 
of the Heritage Area; and 
(ii) prepare a report with recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area, in accordance with 
subparagraph (C). 
(B) EVALUATION.—An evaluation conducted under 
subparagraph (A)(i) shall— 
(i) assess the progress of the local coordinating 
entity with respect to— 
(I) accomplishing the purposes of this section 
for the Heritage Area; and 
Review. 
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123 STAT. 1259 
PUBLIC LAW 111–11—MAR. 30, 2009 
(II) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(ii) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the 
leverage and impact of the investments; and 
(iii) review the management structure, partnership 
relationships, and funding of the Heritage Area for 
purposes of identifying the critical components for 
sustainability of the Heritage Area. 
(C) REPORT.— 
(i) IN
GENERAL.—Based on the evaluation con-
ducted under subparagraph (A)(i), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(ii) REQUIRED ANALYSIS.—If the report prepared 
under this subparagraph recommends that Federal 
funding for the Heritage Area be reauthorized, the 
report shall include an analysis of— 
(I) ways in which Federal funding for the 
Heritage Area may be reduced or eliminated; and 
(II) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(iii) SUBMISSION TO CONGRESS.—On completion of 
a report under this subparagraph, the Secretary shall 
submit the report to— 
(I) the Committee on Energy and Natural 
Resources of the Senate; and 
(II) the Committee on Natural Resources of 
the House of Representatives. 
(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any laws (including 
regulations) authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(h) PROPERTY
OWNERS
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any owner of public or private 
property, including the right to refrain from participating in 
any plan, project, program, or activity conducted within the 
Heritage Area; 
(2) requires any property owner to— 
(A) permit public access (including Federal, tribal, 
State, or local government access) to the property; or 
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123 STAT. 1260 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) modify any provisions of Federal, tribal, State, 
or local law with regard to public access or use of private 
land; 
(3) alters any duly adopted land use regulations, approved 
land use plan, or any other regulatory authority of any Federal, 
State, or local agency, or tribal government; 
(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the States of Massachusetts 
and New Hampshire to manage fish and wildlife, including 
the regulation of fishing and hunting within the Heritage Area; 
or 
(7) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
(2) AVAILABILITY.—Funds made available under paragraph 
(1) shall remain available until expended. 
(3) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution may be in 
the form of in-kind contributions of goods or services fairly 
valued. 
(j) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 
the Secretary to provide financial assistance under this section 
terminates on the date that is 15 years after the date of enactment 
of this Act. 
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 
(a) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Mississippi Hills National Heritage Area established by sub-
section (b)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for Heritage 
Area designated by subsection (b)(3)(A). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area required 
under subsection (c)(1)(A). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State of Mis-
sissippi. 
(b) MISSISSIPPI HILLS NATIONAL HERITAGE AREA.— 
(1) ESTABLISHMENT.—There is established the Mississippi 
Hills National Heritage Area in the State. 
(2) BOUNDARIES.— 
(A) AFFECTED COUNTIES.—The Heritage Area shall con-
sist of all, or portions of, as specified by the boundary 
description in subparagraph (B), Alcorn, Attala, Benton, 
16 USC 461 note. 
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123 STAT. 1261 
PUBLIC LAW 111–11—MAR. 30, 2009 
Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Gre-
nada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Mar-
shall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, 
Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Web-
ster, Winston, and Yalobusha Counties in the State. 
(B) BOUNDARY DESCRIPTION.—The Heritage Area shall 
have the following boundary description: 
(i) traveling counterclockwise, the Heritage Area 
shall be bounded to the west by U.S. Highway 51 
from the Tennessee State line until it intersects Inter-
state 55 (at Geeslin Corner approximately 1⁄2 mile due 
north of Highway Interchange 208); 
(ii) from this point, Interstate 55 shall be the 
western boundary until it intersects with Mississippi 
Highway 12 at Highway Interchange 156, the intersec-
tion of which shall be the southwest terminus of the 
Heritage Area; 
(iii) from the southwest terminus, the boundary 
shall— 
(I) extend east along Mississippi Highway 12 
until it intersects U.S. Highway 51; 
(II) follow Highway 51 south until it is inter-
sected again by Highway 12; 
(III) extend along Highway 12 into downtown 
Kosciusko where it intersects Mississippi Highway 
35; 
(IV) follow Highway 35 south until it is inter-
sected by Mississippi Highway 14; and 
(V) extend along Highway 14 until it reaches 
the Alabama State line, the intersection of which 
shall be the southeast terminus of the Heritage 
Area; 
(iv) from the southeast terminus, the boundary 
of the Heritage Area shall follow the Mississippi-Ala-
bama State line until it reaches the Mississippi-Ten-
nessee State line, the intersection of which shall be 
the northeast terminus of the Heritage Area; and 
(v) the boundary shall extend due west until it 
reaches U.S. Highway 51, the intersection of which 
shall be the northwest terminus of the Heritage Area. 
(3) LOCAL COORDINATING ENTITY.— 
(A) IN GENERAL.—The local coordinating entity for the 
Heritage Area shall be the Mississippi Hills Heritage Area 
Alliance, a nonprofit organization registered by the State, 
with the cooperation and support of the University of Mis-
sissippi. 
(B) BOARD OF DIRECTORS.— 
(i) IN GENERAL.—The local coordinating entity shall 
be governed by a Board of Directors comprised of not 
more than 30 members. 
(ii) COMPOSITION.—Members of the Board of Direc-
tors shall consist of— 
(I) not more than 1 representative from each 
of the counties described in paragraph (2)(A); and 
(II) any ex-officio members that may be 
appointed by the Board of Directors, as the Board 
of Directors determines to be necessary. 
Designation. 
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123 STAT. 1262 
PUBLIC LAW 111–11—MAR. 30, 2009 
(c) DUTIES
AND
AUTHORITIES
OF
LOCAL
COORDINATING 
ENTITY.— 
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur-
ther the purposes of the Heritage Area, the local coordinating 
entity shall— 
(A) prepare, and submit to the Secretary, in accordance 
with subsection (d), a management plan for the Heritage 
Area; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in implementing 
the approved management plan by— 
(i) establishing and maintaining interpretive 
exhibits and programs within the Heritage Area; 
(ii) developing recreational opportunities in the 
Heritage Area; 
(iii) increasing public awareness of, and apprecia-
tion for, natural, historical, cultural, archaeological, 
and recreational resources of the Heritage Area; 
(iv) restoring historic sites and buildings in the 
Heritage Area that are consistent with the themes 
of the Heritage Area; and 
(v) carrying out any other activity that the local 
coordinating entity determines to be consistent with 
this section; 
(C) conduct meetings open to the public at least 
annually regarding the development and implementation 
of the management plan; 
(D) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section specifying— 
(i) the accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(E) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; 
(F) require in all agreements authorizing expenditures 
of Federal funds by other organizations, that the receiving 
organizations make available for audit all records and other 
information pertaining to the expenditure of the funds; 
and 
(G) ensure that each county included in the Heritage 
Area is appropriately represented on any oversight advisory 
committee established under this section to coordinate the 
Heritage Area. 
(2) AUTHORITIES.—The local coordinating entity may, sub-
ject to the prior approval of the Secretary, for the purposes 
of preparing and implementing the management plan, use Fed-
eral funds made available under this section to— 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadline. 
Management 
plan. 
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123 STAT. 1263 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) make grants and loans to the State, political sub-
divisions of the State, nonprofit organizations, and other 
persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State, political subdivisions of 
the State, nonprofit organizations, and other organizations; 
(C) hire and compensate staff; 
(D) obtain funds or services from any source, including 
funds and services provided under any other Federal law 
or program; and 
(E) contract for goods or services. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds received 
under this section to acquire any interest in real property. 
(d) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to develop the management 
plan, the local coordinating entity shall submit to the Secretary 
for approval a proposed management plan for the Heritage 
Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) provide recommendations for the preservation, con-
servation, enhancement, funding, management, interpreta-
tion, development, and promotion of the cultural, historical, 
archaeological, natural, and recreational resources of the 
Heritage Area; 
(B) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
(C) include— 
(i) an inventory of the natural, historical, cultural, 
archaeological, and recreational resources of the Herit-
age Area; and 
(ii) an analysis of how Federal, State, tribal, and 
local programs may best be coordinated to promote 
and carry out this section; 
(D) provide recommendations for educational and 
interpretive programs to provide information to the public 
on the resources of the Heritage Area; and 
(E) involve residents of affected communities and tribal 
and local governments. 
(3) TERMINATION OF FUNDING.—If the management plan 
is not submitted to the Secretary in accordance with this sub-
section, the local coordinating entity shall not qualify for addi-
tional financial assistance under this section until the manage-
ment plan is submitted to, and approved by, the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after the date 
on which the Secretary receives the management plan, 
the Secretary shall approve or disapprove the management 
plan. 
(B) CONSULTATION
REQUIRED.—The Secretary shall 
consult with the Governor of the State and any tribal 
government in which the Heritage Area is located before 
approving the management plan. 
Deadline. 
Deadline. 
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123 STAT. 1264 
PUBLIC LAW 111–11—MAR. 30, 2009 
(C) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including 
governments, natural and historical resource protection 
organizations, educational institutions, businesses, 
community residents, and recreational organizations; 
(ii) the local coordinating entity has afforded ade-
quate opportunity for public and governmental involve-
ment 
(including 
through 
workshops 
and 
public 
meetings) in the preparation of the management plan; 
(iii) the resource protection and interpretation 
strategies described in the management plan, if imple-
mented, would adequately protect the natural, histor-
ical, cultural, archaeological, and recreational resources 
of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal or tribal 
land under applicable laws or land use plans; 
(v) the Secretary has received adequate assurances 
from the appropriate State, tribal, and local officials 
whose support is needed to ensure the effective 
implementation of the State, tribal, and local aspects 
of the management plan; and 
(vi) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the management plan. 
(D) ACTION FOLLOWING DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) REVIEW; AMENDMENTS.— 
(i) IN GENERAL.—After approval by the Secretary 
of the management plan, the Alliance shall periodi-
cally— 
(I) review the management plan; and 
(II) submit to the Secretary, for review and 
approval by the Secretary, any recommendations 
for revisions to the management plan. 
(ii) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(iii) IMPLEMENTATION.—The local coordinating 
entity shall not use Federal funds authorized to be 
Recommenda- 
tions. 
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123 STAT. 1265 
PUBLIC LAW 111–11—MAR. 30, 2009 
appropriated by this section to implement an amend-
ment to the management plan until the Secretary 
approves the amendment. 
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide technical and 
financial assistance, on a reimbursable or nonreimbursable 
basis (as determined by the Secretary), to the local coordi-
nating entity to develop and implement the management 
plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(C) PRIORITY.—In assisting the Heritage Area, the Sec-
retary shall give priority to actions that assist in— 
(i) conserving the significant natural, historical, 
cultural, archaeological, and recreational resources of 
the Heritage Area; and 
(ii) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(2) EVALUATION; REPORT.— 
(A) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area under subsection (i), the Secretary 
shall— 
(i) conduct an evaluation of the accomplishments 
of the Heritage Area; and 
(ii) prepare a report with recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area, in accordance with 
subparagraph (C). 
(B) EVALUATION.—An evaluation conducted under 
subparagraph (A)(i) shall— 
(i) assess the progress of the local coordinating 
entity with respect to— 
(I) accomplishing the purposes of this section 
for the Heritage Area; and 
(II) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(ii) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the 
leverage and impact of the investments; and 
(iii) review the management structure, partnership 
relationships, and funding of the Heritage Area for 
purposes of identifying the critical components for 
sustainability of the Heritage Area. 
(C) REPORT.— 
(i) IN
GENERAL.—Based on the evaluation con-
ducted under subparagraph (A)(i), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(ii) REQUIRED ANALYSIS.—If the report prepared 
under this subparagraph recommends that Federal 
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123 STAT. 1266 
PUBLIC LAW 111–11—MAR. 30, 2009 
funding for the Heritage Area be reauthorized, the 
report shall include an analysis of— 
(I) ways in which Federal funding for the 
Heritage Area may be reduced or eliminated; and 
(II) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(iii) SUBMISSION TO CONGRESS.—On completion of 
a report under this subparagraph, the Secretary shall 
submit the report to— 
(I) the Committee on Energy and Natural 
Resources of the Senate; and 
(II) the Committee on Natural Resources of 
the House of Representatives. 
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any laws (including 
regulations) authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(g) EFFECT.— 
(1) PROPERTY
OWNERS
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(A) abridges the rights of any owner of public or private 
property, including the right to refrain from participating 
in any plan, project, program, or activity conducted within 
the Heritage Area; 
(B) requires any property owner to— 
(i) permit public access (including Federal, tribal, 
State, or local government access) to the property; or 
(ii) modify any provisions of Federal, tribal, State, 
or local law with regard to public access or use of 
private land; 
(C) alters any duly adopted land use regulations, 
approved land use plan, or any other regulatory authority 
of any Federal, State, or local agency, or tribal government; 
(D) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(E) authorizes or implies the reservation or appropria-
tion of water or water rights; 
(F) diminishes the authority of the State to manage 
fish and wildlife, including the regulation of fishing and 
hunting within the Heritage Area; or 
(G) creates any liability, or affects any liability under 
any other law, of any private property owner with respect 
to any person injured on the private property. 
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123 STAT. 1267 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) NO EFFECT ON INDIAN TRIBES.—Nothing in this section— 
(A) restricts an Indian tribe from protecting cultural 
or religious sites on tribal land; or 
(B) diminishes the trust responsibilities or government- 
to-government obligations of the United States to any 
Indian tribe recognized by the Federal Government. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
(2) AVAILABILITY.—Amounts made available under para-
graph (1) shall remain available until expended. 
(3) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution— 
(i) shall be from non-Federal sources; and 
(ii) may be in the form of in-kind contributions 
of goods or services fairly valued. 
(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 
the Secretary to provide financial assistance under this section 
terminates on the date that is 15 years after the date of enactment 
of this Act. 
SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the Board of Direc-
tors of the local coordinating entity. 
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Mississippi Delta National Heritage Area established by sub-
section (b)(1). 
(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by subsection (b)(4)(A). 
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the management plan for the Heritage Area developed 
under subsection (d). 
(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘Mis-
sissippi Delta National Heritage Area’’, numbered T13/80,000, 
and dated April 2008. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State of Mis-
sissippi. 
(b) ESTABLISHMENT.— 
(1) ESTABLISHMENT.—There is established in the State the 
Mississippi Delta National Heritage Area. 
(2) BOUNDARIES.—The Heritage Area shall include all coun-
ties in the State that contain land located in the alluvial 
floodplain of the Mississippi Delta, including Bolivar, Carroll, 
Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, 
Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, 
Tunica, Warren, Washington, and Yazoo Counties in the State, 
as depicted on the map. 
16 USC 461 note. 
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123 STAT. 1268 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in the office of the Director 
of the National Park Service. 
(4) LOCAL COORDINATING ENTITY.— 
(A) DESIGNATION.—The Mississippi Delta National 
Heritage Area Partnership shall be the local coordinating 
entity for the Heritage Area. 
(B) BOARD OF DIRECTORS.— 
(i) COMPOSITION.— 
(I) IN GENERAL.—The local coordinating entity 
shall be governed by a Board of Directors composed 
of 15 members, of whom— 
(aa) 1 member shall be appointed by Delta 
State University; 
(bb) 1 member shall be appointed by Mis-
sissippi Valley State University; 
(cc) 1 member shall be appointed by 
Alcorn State University; 
(dd) 1 member shall be appointed by the 
Delta Foundation; 
(ee) 1 member shall be appointed by the 
Smith Robertson Museum; 
(ff) 1 member shall be appointed from the 
office of the Governor of the State; 
(gg) 1 member shall be appointed by Delta 
Council; 
(hh) 1 member shall be appointed from 
the Mississippi Arts Commission; 
(ii) 1 member shall be appointed from the 
Mississippi Department of Archives and His-
tory; 
(jj) 1 member shall be appointed from the 
Mississippi Humanities Council; and 
(kk) up to 5 additional members shall be 
appointed for staggered 1- and 2-year terms 
by County boards in the Heritage Area. 
(II) RESIDENCY
REQUIREMENTS.—At least 7 
members of the Board shall reside in the Heritage 
Area. 
(ii) OFFICERS.— 
(I) IN GENERAL.—At the initial meeting of the 
Board, the members of the Board shall appoint 
a Chairperson, Vice Chairperson, and Secretary/ 
Treasurer. 
(II) DUTIES.— 
(aa) CHAIRPERSON.—The duties of the 
Chairperson shall include— 
(AA) presiding over meetings of the 
Board; 
(BB) executing documents of the 
Board; and 
(CC) coordinating activities of the 
Heritage Area with Federal, State, local, 
and nongovernmental officials. 
(bb) VICE CHAIRPERSON.—The Vice Chair-
person shall act as Chairperson in the absence 
or disability of the Chairperson. 
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123 STAT. 1269 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iii) MANAGEMENT AUTHORITY.— 
(I) IN GENERAL.—The Board shall— 
(aa) exercise all corporate powers of the 
local coordinating entity; 
(bb) manage the activities and affairs of 
the local coordinating entity; and 
(cc) subject to any limitations in the arti-
cles and bylaws of the local coordinating 
entity, this section, and any other applicable 
Federal or State law, establish the policies 
of the local coordinating entity. 
(II) 
STAFF.—The 
Board 
shall 
have 
the 
authority to employ any services and staff that 
are determined to be necessary by a majority vote 
of the Board. 
(iv) BYLAWS.— 
(I) IN GENERAL.—The Board may amend or 
repeal the bylaws of the local coordinating entity 
at any meeting of the Board by a majority vote 
of the Board. 
(II) NOTICE.—The Board shall provide notice 
of any meeting of the Board at which an amend-
ment to the bylaws is to be considered that 
includes the text or a summary of the proposed 
amendment. 
(v) MINUTES.—Not later than 60 days after a 
meeting of the Board, the Board shall distribute the 
minutes of the meeting among all Board members and 
the county supervisors in each county within the Herit-
age Area. 
(c) DUTIES
AND
AUTHORITIES
OF
LOCAL
COORDINATING 
ENTITY.— 
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur-
ther the purposes of the Heritage Area, the local coordinating 
entity shall— 
(A) prepare, and submit to the Secretary, in accordance 
with subsection (d), a management plan for the Heritage 
Area; 
(B) assist units of local government, regional planning 
organizations, and nonprofit organizations in implementing 
the approved management plan by— 
(i) carrying out programs and projects that recog-
nize, protect, and enhance important resource values 
within the Heritage Area; 
(ii) establishing and maintaining interpretive 
exhibits and programs within the Heritage Area; 
(iii) 
developing 
recreational 
and 
educational 
opportunities in the Heritage Area; 
(iv) increasing public awareness of, and apprecia-
tion for, natural, historic, scenic, and cultural resources 
of the Heritage Area; 
(v) protecting and restoring historic sites and 
buildings in the Heritage Area that are consistent with 
the themes of the Heritage Area; 
(vi) ensuring that signs identifying points of public 
access and sites of interest are posted throughout the 
Heritage Area; and 
Management 
plan. 
Deadline. 
Policies. 
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123 STAT. 1270 
PUBLIC LAW 111–11—MAR. 30, 2009 
(vii) promoting a wide range of partnerships among 
governments, organizations, and individuals to further 
the purposes of the Heritage Area; 
(C) consider the interests of diverse units of govern-
ment, businesses, organizations, and individuals in the 
Heritage Area in the preparation and implementation of 
the management plan; 
(D) conduct meetings open to the public at least semi-
annually regarding the development and implementation 
of the management plan; 
(E) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section specifying— 
(i) the accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(F) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; 
(G) require in all agreements authorizing expenditures 
of Federal funds by other organizations, that the receiving 
organizations make available for audit all records and other 
information pertaining to the expenditure of the funds; 
and 
(H) encourage, by appropriate means, economic 
development that is consistent with the purposes of the 
Heritage Area. 
(2) AUTHORITIES.—The local coordinating entity may, sub-
ject to the prior approval of the Secretary, for the purposes 
of preparing and implementing the management plan, use Fed-
eral funds made available under this section to— 
(A) make grants to the State, political subdivisions 
of the State, nonprofit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State, political subdivisions of 
the State, nonprofit organizations, Federal agencies, and 
other interested parties; 
(C) hire and compensate staff; 
(D) obtain funds or services from any source, including 
funds and services provided under any other Federal law 
or program; 
(E) contract for goods or services; and 
(F) support activities of partners and any other activi-
ties that further the purposes of the Heritage Area and 
are consistent with the approved management plan. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds received 
under this section to acquire any interest in real property. 
(d) MANAGEMENT PLAN.— 
Records. 
Records. 
Deadline. 
Reports. 
Public 
information. 
Deadlines. 
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123 STAT. 1271 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to develop the management 
plan, the local coordinating entity shall submit to the Secretary 
for approval a proposed management plan for the Heritage 
Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for telling the story of the heritage 
of the region and encouraging long-term resource protec-
tion, enhancement, interpretation, funding, management, 
and development of the Heritage Area; 
(B) take into consideration existing State, county, and 
local plans in the development and implementation of the 
management plan; 
(C) include a description of actions and commitments 
that governments, private organizations, and citizens plan 
to take to protect, enhance, and interpret the cultural, 
historical, 
archaeological, 
natural, 
and 
recreational 
resources of the Heritage Area; 
(D) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
(E) include an inventory of the cultural, historical, 
archaeological, natural, and recreational resources of the 
Heritage Area relating to the stories and themes of the 
region that should be protected, enhanced, managed, or 
developed; 
(F) recommend policies and strategies for resource 
management including, the development of intergovern-
mental and interagency agreements to protect the natural, 
historic, cultural, educational, scenic, and recreational 
resources of the Heritage Area; 
(G) describe a program for implementation of the 
management plan, including— 
(i) performance goals; 
(ii) plans for resource protection, enhancement, 
and interpretation; and 
(iii) specific commitments for implementation that 
have been made by the local coordinating entity or 
any government, organization, business, or individual; 
(H) include an analysis of, and recommendations for, 
ways in which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service and other Federal agencies associated with 
the Heritage Area) to further the purposes of this section; 
(I) include an interpretive plan for the Heritage Area; 
and 
(J) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and of each 
of the major activities described in the management 
plan; and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
and other resources necessary to implement the 
management plan for the Heritage Area. 
Deadline. 
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123 STAT. 1272 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) TERMINATION OF FUNDING.—If the management plan 
is not submitted to the Secretary in accordance with this sub-
section, the local coordinating entity shall not qualify for addi-
tional financial assistance under this section until the manage-
ment plan is submitted to, and approved by, the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after the date 
on which the Secretary receives the management plan, 
the Secretary shall approve or disapprove the management 
plan. 
(B) CONSULTATION
REQUIRED.—The Secretary shall 
consult with the Governor of the State and any tribal 
government in which the Heritage Area is located before 
approving the management plan. 
(C) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including 
governments, natural and historic resource protection 
organizations, educational institutions, businesses, 
community residents, and recreational organizations; 
(ii) the local coordinating entity has afforded ade-
quate opportunity for public and governmental involve-
ment 
(including 
through 
workshops 
and 
public 
meetings) in the preparation of the management plan; 
(iii) the resource protection and interpretation 
strategies described in the management plan, if imple-
mented, would adequately protect the cultural, histor-
ical, archaeological, natural, and recreational resources 
of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal or tribal 
land under applicable laws or land use plans; 
(v) the Secretary has received adequate assurances 
from the appropriate State, tribal, and local officials 
whose support is needed to ensure the effective 
implementation of the State, tribal, and local aspects 
of the management plan; and 
(vi) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the management plan. 
(D) ACTION FOLLOWING DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
Deadline. 
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123 STAT. 1273 
PUBLIC LAW 111–11—MAR. 30, 2009 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized to be 
appropriated by this section to implement an amend-
ment to the management plan until the Secretary 
approves the amendment. 
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide technical and 
financial assistance, on a reimbursable or nonreimbursable 
basis (as determined by the Secretary), to the local coordi-
nating entity to develop and implement the management 
plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(C) PRIORITY.—In assisting the Heritage Area, the Sec-
retary shall give priority to actions that assist in— 
(i) conserving the significant cultural, historical, 
archaeological, natural, and recreational resources of 
the Heritage Area; and 
(ii) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(D) PROHIBITION OF CERTAIN REQUIREMENTS.—The Sec-
retary may not, as a condition of the provision of technical 
or financial assistance under this subsection, require any 
recipient of the assistance to impose or modify any land 
use restriction or zoning ordinance. 
(2) EVALUATION; REPORT.— 
(A) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area under subsection (i), the Secretary 
shall— 
(i) conduct an evaluation of the accomplishments 
of the Heritage Area; and 
(ii) prepare a report with recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area, in accordance with 
subparagraph (C). 
(B) EVALUATION.—An evaluation conducted under 
subparagraph (A)(i) shall— 
(i) assess the progress of the local coordinating 
entity with respect to— 
(I) accomplishing the purposes of this section 
for the Heritage Area; and 
(II) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(ii) analyze the Federal, State, local, and private 
investments in the Heritage Area to determine the 
leverage and impact of the investments; and 
(iii) review the management structure, partnership 
relationships, and funding of the Heritage Area for 
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PUBLIC LAW 111–11—MAR. 30, 2009 
purposes of identifying the critical components for 
sustainability of the Heritage Area. 
(C) REPORT.— 
(i) IN
GENERAL.—Based on the evaluation con-
ducted under subparagraph (A)(i), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(ii) REQUIRED ANALYSIS.—If the report prepared 
under this subparagraph recommends that Federal 
funding for the Heritage Area be reauthorized, the 
report shall include an analysis of— 
(I) ways in which Federal funding for the 
Heritage Area may be reduced or eliminated; and 
(II) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(iii) SUBMISSION TO CONGRESS.—On completion of 
a report under this subparagraph, the Secretary shall 
submit the report to— 
(I) the Committee on Energy and Natural 
Resources of the Senate; and 
(II) the Committee on Natural Resources of 
the House of Representatives. 
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any laws (including 
regulations) authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(g) PROPERTY
OWNERS
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any owner of public or private 
property, including the right to refrain from participating in 
any plan, project, program, or activity conducted within the 
Heritage Area; 
(2) requires any property owner to— 
(A) permit public access (including Federal, tribal, 
State, or local government access) to the property; or 
(B) modify any provisions of Federal, tribal, State, 
or local law with regard to public access or use of private 
land; 
(3) alters any duly adopted land use regulations, approved 
land use plan, or any other regulatory authority of any Federal, 
State, or local agency, or tribal government; 
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(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; 
(7) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property; 
(8) restricts an Indian tribe from protecting cultural or 
religious sites on tribal land; or 
(9) diminishes the trust responsibilities of government-to- 
government obligations of the United States of any federally 
recognized Indian tribe. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
(2) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution— 
(i) shall be from non-Federal sources; and 
(ii) may be in the form of in-kind contributions 
of goods or services fairly valued. 
(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 
the Secretary to provide financial assistance under this section 
terminates on the date that is 15 years after the date of enactment 
of this Act. 
SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA. 
(a) PURPOSES.—The purposes of this section are— 
(1) to preserve, support, conserve, and interpret the legacy 
of the region represented by the Heritage Area as described 
in the feasibility study prepared by the National Park Service; 
(2) to promote heritage, cultural, and recreational tourism, 
and to develop educational and cultural programs for visitors 
and the general public; 
(3) to recognize and interpret important events and 
geographic locations representing key developments in the 
growth of the United States, including the Native American, 
Colonial American, European American, and African American 
heritage; 
(4) to recognize and interpret the manner by which the 
distinctive geography of the region has shaped the development 
of the settlement, defense, transportation, commerce, and cul-
ture of the region; 
(5) to provide a cooperative management framework to 
foster a close working relationship with all levels of government, 
the private sector, and the local communities in the region 
to identify, preserve, interpret, and develop the historical, cul-
tural, scenic, and natural resources of the region for the edu-
cational and inspirational benefit of current and future genera-
tions; and 
16 USC 461 note. 
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(6) to provide appropriate linkages between units of the 
National Park System and communities, governments, and 
organizations within the Heritage Area. 
(b) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Muscle Shoals National Heritage Area established by sub-
section (c)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Muscle Shoals Regional Center, the 
local coordinating entity for the Heritage Area designated by 
subsection (c)(4). 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the plan for the Heritage Area required under subsection 
(d)(1)(A). 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Muscle 
Shoals National Heritage Area’’, numbered T08/80,000, and 
dated October 2007. 
(5) STATE.—The term ‘‘State’’ means the State of Alabama. 
(c) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established the Muscle Shoals 
National Heritage Area in the State. 
(2) BOUNDARIES.—The Heritage Area shall be comprised 
of the following areas, as depicted on the map: 
(A) The Counties of Colbert, Franklin, Lauderdale, 
Lawrence, Limestone, and Morgan, Alabama. 
(B) The Wilson Dam. 
(C) The Handy Home. 
(D) The birthplace of Helen Keller. 
(3) AVAILABILITY MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the 
National Park Service and the local coordinating entity. 
(4) LOCAL
COORDINATING
ENTITY.—The Muscle Shoals 
Regional Center shall be the local coordinating entity for the 
Heritage Area. 
(d) DUTIES
AND
AUTHORITIES
OF
LOCAL
COORDINATING 
ENTITY.— 
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur-
ther the purposes of the Heritage Area, the local coordinating 
entity shall— 
(A) prepare, and submit to the Secretary, in accordance 
with subsection (e), a management plan for the Heritage 
Area; 
(B) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section specifying— 
(i) the accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraged funds; and 
(v) grants made to any other entities during the 
fiscal year; 
(C) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
Records. 
Deadline. 
Reports. 
Management 
plan. 
Designation. 
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123 STAT. 1277 
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under this section, all information pertaining to the 
expenditure of the funds and any matching funds; 
(D) encourage, by appropriate means, economic 
development that is consistent with the purposes of the 
Heritage Area; and 
(E) serve as a catalyst for the implementation of 
projects and programs among diverse partners in the Herit-
age Area. 
(2) AUTHORITIES.—The local coordinating entity may, sub-
ject to the prior approval of the Secretary, for the purposes 
of preparing and implementing the management plan, use Fed-
eral funds made available under this section to— 
(A) make grants to the State, political subdivisions 
of the State, nonprofit organizations, and other persons; 
(B) enter into cooperative agreements with, or provide 
technical assistance to, the State, political subdivisions of 
the State, nonprofit organizations, Federal agencies, and 
other interested parties; 
(C) hire and compensate staff, including individuals 
with expertise in— 
(i) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 
(ii) economic and community development; and 
(iii) heritage planning; 
(D) obtain funds or services from any source, including 
funds and services provided under any other Federal law 
or program; 
(E) contract for goods or services; and 
(F) support activities of partners and any other activi-
ties that further the purposes of the Heritage Area and 
are consistent with the approved management plan. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds received 
under this section to acquire any interest in real property. 
(e) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 3 years after the date 
on which funds are made available to develop the management 
plan, the local coordinating entity shall submit to the Secretary 
for approval a proposed management plan for the Heritage 
Area. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for telling the story of the heritage 
of the area covered by the Heritage Area and encouraging 
long-term resource protection, enhancement, interpretation, 
funding, management, and development of the Heritage 
Area; 
(B) include a description of actions and commitments 
that Federal, State, tribal, and local governments, private 
organizations, and citizens plan to take to protect, enhance, 
interpret, fund, manage, and develop the natural, historic, 
cultural, educational, scenic, and recreational resources of 
the Heritage Area; 
(C) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
Deadline. 
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123 STAT. 1278 
PUBLIC LAW 111–11—MAR. 30, 2009 
(D) include an inventory of the natural, historic, cul-
tural, educational, scenic, and recreational resources of the 
Heritage Area relating to the stories and themes of the 
Heritage Area that should be protected, enhanced, inter-
preted, managed, funded, or developed; 
(E) recommend policies and strategies for resource 
management, including the development of intergovern-
mental and interagency agreements to protect, enhance, 
interpret, fund, manage, and develop the natural, historic, 
cultural, educational, scenic, and recreational resources of 
the Heritage Area; 
(F) describe a program for implementation of the 
management plan, including— 
(i) performance goals; 
(ii) plans for resource protection, enhancement, 
interpretation, funding, management, and develop-
ment; and 
(iii) specific commitments for implementation that 
have been made by the local coordinating entity or 
any Federal, State, tribal, or local government agency, 
organization, business, or individual; 
(G) include an analysis of, and recommendations for, 
ways in which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service and other Federal agencies associated with 
the Heritage Area) to further the purposes of this section; 
and 
(H) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and of each 
of the major activities described in the management 
plan; and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
and other resources necessary to implement the 
management plan for the Heritage Area. 
(3) TERMINATION OF FUNDING.—If the management plan 
is not submitted to the Secretary by the date that is 3 years 
after the date on which funds are first made available to 
develop the management plan, the local coordinating entity 
shall not qualify for additional financial assistance under this 
section until the management plan is submitted to, and 
approved by, the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after the date 
on which the Secretary receives the management plan, 
the Secretary shall approve or disapprove the management 
plan. 
(B) CONSULTATION
REQUIRED.—The Secretary shall 
consult with the Governor of the State in which the Herit-
age Area is located before approving the management plan. 
(C) CRITERIA FOR APPROVAL.—In determining whether 
to approve the management plan, the Secretary shall con-
sider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including Fed-
eral, State, tribal, and local governments, natural and 
Deadline. 
Deadline. 
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123 STAT. 1279 
PUBLIC LAW 111–11—MAR. 30, 2009 
historic resource protection organizations, educational 
institutions, businesses, community residents, rec-
reational organizations, and private property owners; 
(ii) the local coordinating entity— 
(I) has afforded adequate opportunity for 
public and Federal, State, tribal, and local govern-
mental involvement (including through workshops 
and public meetings) in the preparation of the 
management plan; and 
(II) provides for at least semiannual public 
meetings to ensure adequate implementation of 
the management plan; 
(iii) 
the 
resource 
protection, 
enhancement, 
interpretation, funding, management, and development 
strategies described in the management plan, if imple-
mented, would adequately protect, enhance, interpret, 
fund, manage, and develop the natural, historic, cul-
tural, scenic, and recreational resources of the Heritage 
Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal land under 
applicable laws or land use plans; 
(v) the Secretary has received adequate assurances 
from the appropriate State, tribal, and local officials 
whose support is needed to ensure the effective 
implementation of the State, tribal, and local aspects 
of the management plan; 
(vi) the local coordinating entity has demonstrated 
the financial capability, in partnership with others, 
to carry out the management plan; and 
(vii) the management plan demonstrates partner-
ships among the local coordinating entity, Federal, 
State, tribal, and local governments, regional planning 
organizations, nonprofit organizations, and private 
sector parties for implementation of the management 
plan. 
(D) DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized by this 
Review. 
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123 STAT. 1280 
PUBLIC LAW 111–11—MAR. 30, 2009 
section to implement an amendment to the manage-
ment plan until the Secretary approves the amend-
ment. 
(F) AUTHORITIES.—The Secretary may— 
(i) provide technical assistance under the authority 
of this section for the development and implementation 
of the management plan; and 
(ii) 
enter 
into 
cooperative 
agreements 
with 
interested parties to carry out this section. 
(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—On the request of the local coordi-
nating entity, the Secretary may provide technical and 
financial assistance, on a reimbursable or nonreimbursable 
basis (as determined by the Secretary), to the local coordi-
nating entity to develop and implement the management 
plan. 
(B) COOPERATIVE
AGREEMENTS.—The Secretary may 
enter into cooperative agreements with the local coordi-
nating entity and other public or private entities to provide 
technical or financial assistance under subparagraph (A). 
(2) EVALUATION; REPORT.— 
(A) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area under subsection (j), the Secretary 
shall— 
(i) conduct an evaluation of the accomplishments 
of the Heritage Area; and 
(ii) prepare a report with recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area, in accordance with 
subparagraph (C). 
(B) EVALUATION.—An evaluation conducted under 
subparagraph (A)(i) shall— 
(i) assess the progress of the local coordinating 
entity with respect to— 
(I) accomplishing the purposes of this section 
for the Heritage Area; and 
(II) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
(ii) analyze the Federal, State, tribal, local, and 
private investments in the Heritage Area to determine 
the leverage and impact of the investments; and 
(iii) review the management structure, partnership 
relationships, and funding of the Heritage Area for 
purposes of identifying the critical components for 
sustainability of the Heritage Area. 
(C) REPORT.— 
(i) IN
GENERAL.—Based on the evaluation con-
ducted under subparagraph (A)(i), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(ii) REQUIRED ANALYSIS.—If the report prepared 
under this subparagraph recommends that Federal 
funding for the Heritage Area be reauthorized, the 
report shall include an analysis of— 
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123 STAT. 1281 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) ways in which Federal funding for the 
Heritage Area may be reduced or eliminated; and 
(II) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
(iii) SUBMISSION TO CONGRESS.—On completion of 
a report under this subparagraph, the Secretary shall 
submit the report to— 
(I) the Committee on Energy and Natural 
Resources of the Senate; and 
(II) the Committee on Natural Resources of 
the House of Representatives. 
(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law. 
(2) CONSULTATION AND COORDINATION.—To the maximum 
extent practicable, the head of any Federal agency planning 
to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity to the 
maximum extent practicable. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any laws (including 
regulations) authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of the Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(h) PROPERTY
OWNERS
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any owner of public or private 
property, including the right to refrain from participating in 
any plan, project, program, or activity conducted within the 
Heritage Area; 
(2) requires any property owner to— 
(A) permit public access (including Federal, tribal, 
State, or local government access) to the property; or 
(B) modify any provisions of Federal, tribal, State, 
or local law with regard to public access or use of private 
land; 
(3) alters any duly adopted land use regulations, approved 
land use plan, or any other regulatory authority of any Federal, 
State, or local agency, or tribal government; 
(4) conveys any land use or other regulatory authority 
to the local coordinating entity; 
(5) authorizes or implies the reservation or appropriation 
of water or water rights; 
(6) diminishes the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(7) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year. 
(2) AVAILABILITY.—Funds made available under paragraph 
(1) shall remain available until expended. 
(3) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity under this section shall be not more than 
50 percent. 
(B) FORM.—The non-Federal contribution may be in 
the form of in-kind contributions of goods or services fairly 
valued. 
(4) USE OF FEDERAL FUNDS FROM OTHER SOURCES.—Nothing 
in this section precludes the local coordinating entity from 
using Federal funds available under provisions of law other 
than this section for the purposes for which those funds were 
authorized. 
(j) TERMINATION OF EFFECTIVENESS.—The authority of the Sec-
retary to provide financial assistance under this section terminates 
on the date that is 15 years after the date of enactment of this 
Act. 
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE 
AREA, ALASKA. 
(a) DEFINITIONS.—In this section: 
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 
Kenai Mountains-Turnagain Arm National Heritage Area 
established by subsection (b)(1). 
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Kenai Mountains-Turnagain Arm Cor-
ridor Communities Association. 
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’ 
means the plan prepared by the local coordinating entity for 
the Heritage Area that specifies actions, policies, strategies, 
performance goals, and recommendations to meet the goals 
of the Heritage Area, in accordance with this section. 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pro-
posed Kenai Mountains-Turnagain Arm NHA’’ and dated 
August 7, 2007. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) DESIGNATION OF THE KENAI MOUNTAINS-TURNAGAIN ARM 
NATIONAL HERITAGE AREA.— 
(1) ESTABLISHMENT.—There is established the Kenai Moun-
tains-Turnagain Arm National Heritage Area. 
(2) BOUNDARIES.—The Heritage Area shall be comprised 
of the land in the Kenai Mountains and upper Turnagain 
Arm region, as generally depicted on the map. 
(3) AVAILABILITY OF MAP.—The map shall be on file and 
available for public inspection in— 
(A) the appropriate offices of the Forest Service, Chu-
gach National Forest; 
(B) the Alaska Regional Office of the National Park 
Service; and 
(C) the office of the Alaska State Historic Preservation 
Officer. 
(c) MANAGEMENT PLAN.— 
16 USC 461 note. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(1) LOCAL COORDINATING ENTITY.—The local coordinating 
entity, in partnership with other interested parties, shall 
develop a management plan for the Heritage Area in accordance 
with this section. 
(2) REQUIREMENTS.—The management plan for the Herit-
age Area shall— 
(A) describe comprehensive policies, goals, strategies, 
and recommendations for use in— 
(i) telling the story of the heritage of the area 
covered by the Heritage Area; and 
(ii) encouraging long-term resource protection, 
enhancement, interpretation, funding, management, 
and development of the Heritage Area; 
(B) include a description of actions and commitments 
that the Federal Government, State, tribal, and local 
governments, private organizations, and citizens will take 
to protect, enhance, interpret, fund, manage, and develop 
the natural, historical, cultural, educational, scenic, and 
recreational resources of the Heritage Area; 
(C) specify existing and potential sources of funding 
or economic development strategies to protect, enhance, 
interpret, fund, manage, and develop the Heritage Area; 
(D) include an inventory of the natural, historical, cul-
tural, educational, scenic, and recreational resources of the 
Heritage Area relating to the national importance and 
themes of the Heritage Area that should be protected, 
enhanced, interpreted, managed, funded, and developed; 
(E) recommend policies and strategies for resource 
management, including the development of intergovern-
mental and interagency agreements to protect, enhance, 
interpret, fund, manage, and develop the natural, histor-
ical, 
cultural, 
educational, 
scenic, 
and 
recreational 
resources of the Heritage Area; 
(F) describe a program for implementation for the 
management plan, including— 
(i) performance goals; 
(ii) plans for resource protection, enhancement, 
interpretation, funding, management, and develop-
ment; and 
(iii) specific commitments for implementation that 
have been made by the local coordinating entity or 
any Federal, State, tribal, or local government agency, 
organization, business, or individual; 
(G) include an analysis of, and recommendations for, 
means by which Federal, State, tribal, and local programs 
may best be coordinated (including the role of the National 
Park Service, the Forest Service, and other Federal agen-
cies associated with the Heritage Area) to further the pur-
poses of this section; and 
(H) include a business plan that— 
(i) describes the role, operation, financing, and 
functions of the local coordinating entity and each of 
the major activities contained in the management plan; 
and 
(ii) provides adequate assurances that the local 
coordinating entity has the partnerships and financial 
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and other resources necessary to implement the 
management plan for the Heritage Area. 
(3) DEADLINE.— 
(A) IN
GENERAL.—Not later than 3 years after the 
date on which funds are first made available to develop 
the management plan after the date of enactment of this 
Act, the local coordinating entity shall submit the manage-
ment plan to the Secretary for approval. 
(B) TERMINATION
OF
FUNDING.—If the management 
plan is not submitted to the Secretary in accordance with 
subparagraph (A), the local coordinating entity shall not 
qualify for any additional financial assistance under this 
section until such time as the management plan is sub-
mitted to and approved by the Secretary. 
(4) APPROVAL OF MANAGEMENT PLAN.— 
(A) REVIEW.—Not later than 180 days after receiving 
the management plan under paragraph (3), the Secretary 
shall review and approve or disapprove the management 
plan for a Heritage Area on the basis of the criteria estab-
lished under subparagraph (C). 
(B) CONSULTATION.—The Secretary shall consult with 
the Governor of the State in which the Heritage Area 
is located before approving a management plan for the 
Heritage Area. 
(C) CRITERIA FOR APPROVAL.—In determining whether 
to approve a management plan for the Heritage Area, 
the Secretary shall consider whether— 
(i) the local coordinating entity represents the 
diverse interests of the Heritage Area, including the 
Federal Government, State, tribal, and local govern-
ments, natural and historical resource protection 
organizations, educational institutions, businesses, rec-
reational organizations, community residents, and pri-
vate property owners; 
(ii) the local coordinating entity— 
(I) has afforded adequate opportunity for 
public and Federal, State, tribal, and local govern-
mental involvement (including through workshops 
and hearings) in the preparation of the manage-
ment plan; and 
(II) provides for at least semiannual public 
meetings to ensure adequate implementation of 
the management plan; 
(iii) 
the 
resource 
protection, 
enhancement, 
interpretation, funding, management, and development 
strategies described in the management plan, if imple-
mented, would adequately protect, enhance, interpret, 
fund, manage, and develop the natural, historical, cul-
tural, educational, scenic, and recreational resources 
of the Heritage Area; 
(iv) the management plan would not adversely 
affect any activities authorized on Federal land under 
public land laws or land use plans; 
(v) the local coordinating entity has demonstrated 
the financial capability, in partnership with other 
interested parties, to carry out the plan; 
Deadline. 
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(vi) the Secretary has received adequate assur-
ances from the appropriate State, tribal, and local offi-
cials whose support is needed to ensure the effective 
implementation of the State, tribal, and local elements 
of the management plan; and 
(vii) the management plan demonstrates partner-
ships among the local coordinating entity, Federal 
Government, State, tribal, and local governments, 
regional planning organizations, nonprofit organiza-
tions, or private sector parties for implementation of 
the management plan. 
(D) DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized by this 
section to implement an amendment to the manage-
ment plan until the Secretary approves the amend-
ment. 
(F) AUTHORITIES.—The Secretary may— 
(i) provide technical assistance under the authority 
of this section for the development and implementation 
of the management plan; and 
(ii) 
enter 
into 
cooperative 
agreements 
with 
interested parties to carry out this section. 
(d) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area under this section, the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the local coordinating entity 
with respect to— 
(i) accomplishing the purposes of the authorizing 
legislation for the Heritage Area; and 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area; 
Review. 
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(B) analyze the Federal, State, tribal, local, and private 
investments in the Heritage Area to determine the impact 
of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area for pur-
poses of identifying the critical components for sustain-
ability of the Heritage Area. 
(3) REPORT.—Based on the evaluation conducted under 
paragraph (1)(A), the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Representatives 
a report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the Herit-
age Area. 
(e) LOCAL COORDINATING ENTITY.— 
(1) DUTIES.—To further the purposes of the Heritage Area, 
in addition to developing the management plan for the Heritage 
Area under subsection (c), the local coordinating entity shall— 
(A) serve to facilitate and expedite the implementation 
of projects and programs among diverse partners in the 
Heritage Area; 
(B) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section, specifying— 
(i) the specific performance goals and accomplish-
ments of the local coordinating entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraging; and 
(v) grants made to any other entities during the 
fiscal year; 
(C) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; and 
(D) encourage economic viability and sustainability 
that is consistent with the purposes of the Heritage Area. 
(2) AUTHORITIES.—For the purpose of preparing and imple-
menting the approved management plan for the Heritage Area 
under subsection (c), the local coordinating entity may use 
Federal funds made available under this section— 
(A) to make grants to political jurisdictions, nonprofit 
organizations, and other parties within the Heritage Area; 
(B) to enter into cooperative agreements with or pro-
vide technical assistance to political jurisdictions, nonprofit 
organizations, Federal agencies, and other interested par-
ties; 
(C) to hire and compensate staff, including individuals 
with expertise in— 
(i) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 
(ii) economic and community development; and 
(iii) heritage planning; 
(D) to obtain funds or services from any source, 
including other Federal programs; 
Records. 
Deadline. 
Reports. 
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(E) to enter into contracts for goods or services; and 
(F) to support activities of partners and any other 
activities that further the purposes of the Heritage Area 
and are consistent with the approved management plan. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds authorized 
under this section to acquire any interest in real property. 
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other provision of law. 
(2) CONSULTATION AND COORDINATION.—The head of any 
Federal agency planning to conduct activities that may have 
an impact on a Heritage Area is encouraged to consult and 
coordinate the activities with the Secretary and the local coordi-
nating entity, to the maximum extent practicable. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any law (including a 
regulation) authorizing a Federal agency to manage Federal 
land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of a Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(g) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain from partici-
pating in any plan, project, program, or activity conducted 
within the Heritage Area; 
(2) requires any property owner to permit public access 
(including access by Federal, State, tribal, or local agencies) 
to the property of the property owner, or to modify public 
access or use of property of the property owner under any 
other Federal, State, tribal, or local law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority (such as the 
authority to make safety improvements or increase the capacity 
of existing roads or to construct new roads) of any Federal, 
State, tribal, or local agency, or conveys any land use or other 
regulatory authority to any local coordinating entity, including 
development and management of energy or water or water- 
related infrastructure; 
(4) authorizes or implies the reservation or appropriation 
of water or water rights; 
(5) diminishes the authority of any State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(h) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to para-
graph (2), there is authorized to be appropriated to carry out 
this section $1,000,000 for each fiscal year, to remain available 
until expended. 
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(2) LIMITATION
ON
TOTAL
AMOUNTS
APPROPRIATED.—Not 
more than a total of $10,000,000 may be made available to 
carry out this section. 
(3) COST-SHARING.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity carried out under this section shall not 
exceed 50 percent. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share of the cost of any activity carried out under this 
section may be provided in the form of in-kind contributions 
of goods or services fairly valued. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide financial assistance under this section terminates on 
the date that is 15 years after the date of enactment of this 
Act. 
Subtitle B—Studies 
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA. 
(a) DEFINITIONS.—In this section: 
(1) CORRIDOR.—The term ‘‘Corridor’’ means the Chattahoo-
chee Trace National Heritage Corridor. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STUDY AREA.—The term ‘‘study area’’ means the study 
area described in subsection (b)(2). 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary, in consultation with State 
historic preservation officers, State historical societies, State 
tourism offices, and other appropriate organizations or agencies, 
shall conduct a study to assess the suitability and feasibility 
of designating the study area as the Chattahoochee Trace 
National Heritage Corridor. 
(2) STUDY AREA.—The study area includes— 
(A) the portion of the Apalachicola-Chattahoochee-Flint 
River Basin and surrounding areas, as generally depicted 
on the map entitled ‘‘Chattahoochee Trace National Herit-
age Corridor, Alabama/Georgia’’, numbered T05/80000, and 
dated July 2007; and 
(B) any other areas in the State of Alabama or Georgia 
that— 
(i) have heritage aspects that are similar to the 
areas depicted on the map described in subparagraph 
(A); and 
(ii) are adjacent to, or in the vicinity of, those 
areas. 
(3) REQUIREMENTS.—The study shall include analysis, docu-
mentation, and determinations on whether the study area— 
(A) has an assemblage of natural, historic, and cultural 
resources that— 
(i) represent distinctive aspects of the heritage of 
the United States; 
(ii) are worthy of recognition, conservation, 
interpretation, and continuing use; and 
(iii) would be best managed— 
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(I) through partnerships among public and pri-
vate entities; and 
(II) by linking diverse and sometimes non-
contiguous resources and active communities; 
(B) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the story of the United States; 
(C) provides— 
(i) outstanding opportunities to conserve natural, 
historic, cultural, or scenic features; and 
(ii) outstanding recreational and educational 
opportunities; 
(D) contains resources that— 
(i) are important to any identified themes of the 
study area; and 
(ii) retain a degree of integrity capable of sup-
porting interpretation; 
(E) includes residents, business interests, nonprofit 
organizations, and State and local governments that— 
(i) are involved in the planning of the Corridor; 
(ii) have developed a conceptual financial plan that 
outlines the roles of all participants in the Corridor, 
including the Federal Government; and 
(iii) have demonstrated support for the designation 
of the Corridor; 
(F) has a potential management entity to work in 
partnership with the individuals and entities described 
in subparagraph (E) to develop the Corridor while encour-
aging State and local economic activity; and 
(G) has a conceptual boundary map that is supported 
by the public. 
(c) REPORT.—Not later than the 3rd fiscal year after the date 
on which funds are first made available to carry out this section, 
the Secretary shall submit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that describes— 
(1) the findings of the study; and 
(2) any conclusions and recommendations of the Secretary. 
SEC. 8102. NORTHERN NECK, VIRGINIA. 
(a) DEFINITIONS.—In this section: 
(1) PROPOSED HERITAGE AREA.—The term ‘‘proposed Herit-
age Area’’ means the proposed Northern Neck National Herit-
age Area. 
(2) STATE.—The term ‘‘State’’ means the State of Virginia. 
(3) STUDY AREA.—The term ‘‘study area’’ means the area 
that is comprised of— 
(A) the area of land located between the Potomac and 
Rappahannock rivers of the eastern coastal region of the 
State; 
(B) Westmoreland, Northumberland, Richmond, King 
George, and Lancaster Counties of the State; and 
(C) any other area that— 
(i) has heritage aspects that are similar to the 
heritage aspects of the areas described in subparagraph 
(A) or (B); and 
(ii) is located adjacent to, or in the vicinity of, 
those areas. 
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(b) STUDY.— 
(1) IN GENERAL.—In accordance with paragraphs (2) and 
(3), the Secretary, in consultation with appropriate State his-
toric preservation officers, State historical societies, and other 
appropriate organizations, shall conduct a study to determine 
the suitability and feasibility of designating the study area 
as the Northern Neck National Heritage Area. 
(2) REQUIREMENTS.—The study shall include analysis, docu-
mentation, and determinations on whether the study area— 
(A) has an assemblage of natural, historical, cultural, 
educational, scenic, or recreational resources that together 
are nationally important to the heritage of the United 
States; 
(B) represents distinctive aspects of the heritage of 
the United States worthy of recognition, conservation, 
interpretation, and continuing use; 
(C) is best managed as such an assemblage through 
partnerships among public and private entities at the local 
or regional level; 
(D) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the heritage of the United 
States; 
(E) provides outstanding opportunities to conserve nat-
ural, historical, cultural, or scenic features; 
(F) provides outstanding recreational or educational 
opportunities; 
(G) contains resources and has traditional uses that 
have national importance; 
(H) includes residents, business interests, nonprofit 
organizations, and appropriate Federal agencies and State 
and local governments that are involved in the planning 
of, and have demonstrated significant support for, the des-
ignation and management of the proposed Heritage Area; 
(I) has a proposed local coordinating entity that is 
responsible for preparing and implementing the manage-
ment plan developed for the proposed Heritage Area; 
(J) with respect to the designation of the study area, 
has the support of the proposed local coordinating entity 
and appropriate Federal agencies and State and local 
governments, each of which has documented the commit-
ment of the entity to work in partnership with each other 
entity to protect, enhance, interpret, fund, manage, and 
develop the resources located in the study area; 
(K) through the proposed local coordinating entity, has 
developed a conceptual financial plan that outlines the 
roles of all participants (including the Federal Government) 
in the management of the proposed Heritage Area; 
(L) has a proposal that is consistent with continued 
economic activity within the area; and 
(M) has a conceptual boundary map that is supported 
by the public and appropriate Federal agencies. 
(3) ADDITIONAL
CONSULTATION
REQUIREMENT.—In con-
ducting the study under paragraph (1), the Secretary shall— 
(A) consult with the managers of any Federal land 
located within the study area; and 
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(B) before making any determination with respect to 
the designation of the study area, secure the concurrence 
of each manager with respect to each finding of the study. 
(c) DETERMINATION.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Governor of the State, shall review, comment on, and determine 
if the study area meets each requirement described in sub-
section (b)(2) for designation as a national heritage area. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 3 fiscal years after 
the date on which funds are first made available to carry 
out the study, the Secretary shall submit a report 
describing the findings, conclusions, and recommendations 
of the study to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—The report shall contain— 
(I) any comments that the Secretary has 
received from the Governor of the State relating 
to the designation of the study area as a national 
heritage area; and 
(II) a finding as to whether the study area 
meets each requirement described in subsection 
(b)(2) for designation as a national heritage area. 
(ii) DISAPPROVAL.—If the Secretary determines 
that the study area does not meet any requirement 
described in subsection (b)(2) for designation as a 
national heritage area, the Secretary shall include in 
the report a description of each reason for the deter-
mination. 
Subtitle C—Amendments Relating to 
National Heritage Corridors 
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL 
HERITAGE CORRIDOR. 
(a) TERMINATION
OF
AUTHORITY.—Section 106(b) of the 
Quinebaug and Shetucket Rivers Valley National Heritage Corridor 
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2015’’. 
(b) EVALUATION; REPORT.—Section 106 of the Quinebaug and 
Shetucket Rivers Valley National Heritage Corridor Act of 1994 
(16 U.S.C. 461 note; Public Law 103–449) is amended by adding 
at the end the following: 
‘‘(c) EVALUATION; REPORT.— 
‘‘(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Cor-
ridor, the Secretary shall— 
‘‘(A) conduct an evaluation of the accomplishments of 
the Corridor; and 
‘‘(B) prepare a report in accordance with paragraph 
(3). 
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‘‘(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
‘‘(A) assess the progress of the management entity 
with respect to— 
‘‘(i) accomplishing the purposes of this title for 
the Corridor; and 
‘‘(ii) achieving the goals and objectives of the 
management plan for the Corridor; 
‘‘(B) analyze the Federal, State, local, and private 
investments in the Corridor to determine the leverage and 
impact of the investments; and 
‘‘(C) review the management structure, partnership 
relationships, and funding of the Corridor for purposes 
of identifying the critical components for sustainability of 
the Corridor. 
‘‘(3) REPORT.— 
‘‘(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Corridor. 
‘‘(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Corridor be reauthorized, the report shall include an 
analysis of— 
‘‘(i) ways in which Federal funding for the Corridor 
may be reduced or eliminated; and 
‘‘(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
‘‘(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
‘‘(i) the Committee on Energy and Natural 
Resources of the Senate; and 
‘‘(ii) the Committee on Natural Resources of the 
House of Representatives.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 109(a) of the 
Quinebaug and Shetucket Rivers Valley National Heritage Corridor 
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 
by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR. 
The Delaware and Lehigh National Heritage Corridor Act of 
1988 (16 U.S.C. 461 note; Public Law 100–692) is amended— 
(1) in section 9— 
(A) by striking ‘‘The Commission’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—The Commission’’; and 
(B) by adding at the end the following: 
‘‘(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning 
on the date of enactment of the Omnibus Public Land Management 
Act of 2009, the Corporation shall be the local coordinating entity 
for the Corridor. 
‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation 
shall assume the duties of the Commission for the implementation 
of the Plan. 
‘‘(d) USE OF FUNDS.—The Corporation may use Federal funds 
made available under this Act— 
Effective date. 
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‘‘(1) to make grants to, and enter into cooperative agree-
ments with, the Federal Government, the Commonwealth, polit-
ical subdivisions of the Commonwealth, nonprofit organizations, 
and individuals; 
‘‘(2) to hire, train, and compensate staff; and 
‘‘(3) to enter into contracts for goods and services. 
‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corporation may 
not use Federal funds made available under this Act to acquire 
land or an interest in land.’’; 
(2) in section 10— 
(A) in the first sentence of subsection (c), by striking 
‘‘shall assist the Commission’’ and inserting ‘‘shall, on the 
request of the Corporation, assist’’; 
(B) in subsection (d)— 
(i) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Corporation’’; 
(ii) by striking ‘‘The Secretary’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(iii) by adding at the end the following: 
‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 
into cooperative agreements with the Corporation and other 
public or private entities for the purpose of providing technical 
assistance and grants under paragraph (1). 
‘‘(3) PRIORITY.—In providing assistance to the Corporation 
under paragraph (1), the Secretary shall give priority to activi-
ties that assist in— 
‘‘(A) conserving the significant natural, historic, cul-
tural, and scenic resources of the Corridor; and 
‘‘(B) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes of the 
Corridor.’’; and 
(C) by adding at the end the following: 
‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Sec-
retary shall enter into a memorandum of understanding with the 
Corporation to ensure— 
‘‘(1) appropriate transition of management of the Corridor 
from the Commission to the Corporation; and 
‘‘(2) coordination regarding the implementation of the 
Plan.’’; 
(3) in section 11, in the matter preceding paragraph (1), 
by striking ‘‘directly affecting’’; 
(4) in section 12— 
(A) in subsection (a), by striking ‘‘Commission’’ each 
place it appears and inserting ‘‘Corporation’’; 
(B) in subsection (c)(1), by striking ‘‘2007’’ and inserting 
‘‘2012’’; and 
(C) by adding at the end the following: 
‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Sec-
retary to provide financial assistance under this Act terminates 
on the date that is 5 years after the date of enactment of this 
subsection.’’; and 
(5) in section 14— 
(A) by redesignating paragraphs (4), (5), and (6) as 
paragraphs (5), (6), and (7), respectively; and 
(B) by inserting after paragraph (3) the following: 
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123 STAT. 1294 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh 
National Heritage Corridor, Incorporated, an organization 
described in section 501(c)(3), and exempt from Federal tax 
under section 501(a), of the Internal Revenue Code of 1986;’’. 
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. 
The Erie Canalway National Heritage Corridor Act (16 U.S.C. 
461 note; Public Law 106–554) is amended— 
(1) in section 804— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph (1), by 
striking ‘‘27’’ and inserting ‘‘at least 21 members, but 
not more than 27’’; 
(ii) in paragraph (2), by striking ‘‘Environment’’ 
and inserting ‘‘Environmental’’; and 
(iii) in paragraph (3)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘19’’; 
(II) by striking subparagraph (A); 
(III) by redesignating subparagraphs (B) and 
(C) as subparagraphs (A) and (B), respectively; 
(IV) in subparagraph (B) (as redesignated by 
subclause (III)), by striking the second sentence; 
and 
(V) by inserting after subparagraph (B) (as 
redesignated by subclause (III)) the following: 
‘‘(C) The remaining members shall be— 
‘‘(i) appointed by the Secretary, based on rec-
ommendations from each member of the House of Rep-
resentatives, the district of which encompasses the Cor-
ridor; and 
‘‘(ii) persons that are residents of, or employed 
within, the applicable congressional districts.’’; 
(B) in subsection (f), by striking ‘‘Fourteen members 
of the Commission’’ and inserting ‘‘A majority of the serving 
Commissioners’’; 
(C) in subsection (g), by striking ‘‘14 of its members’’ 
and inserting ‘‘a majority of the serving Commissioners’’; 
(D) in subsection (h), by striking paragraph (4) and 
inserting the following: 
‘‘(4)(A) to appoint any staff that may be necessary to carry 
out the duties of the Commission, subject to the provisions 
of title 5, United States Code, relating to appointments in 
the competitive service; and 
‘‘(B) to fix the compensation of the staff, in accordance 
with the provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating to the classification 
of positions and General Schedule pay rates;’’; and 
(E) in subsection (j), by striking ‘‘10 years’’ and 
inserting ‘‘15 years’’; 
(2) in section 807— 
(A) in subsection (e), by striking ‘‘with regard to the 
preparation and approval of the Canalway Plan’’; and 
(B) by adding at the end the following: 
‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the availability of 
appropriations, the Superintendent of Saratoga National Historical 
Park may, on request, provide to public and private organizations 
Definition. 
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123 STAT. 1295 
PUBLIC LAW 111–11—MAR. 30, 2009 
in the Corridor (including the Commission) any operational assist-
ance that is appropriate to assist with the implementation of the 
Canalway Plan.’’; and 
(3) in section 810(a)(1), in the first sentence, by striking 
‘‘any fiscal year’’ and inserting ‘‘any fiscal year, to remain 
available until expended’’. 
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL 
HERITAGE CORRIDOR. 
Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 note; 100 
Stat. 3626, 120 Stat. 1857) is amended— 
(1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be 
the’’; and 
(2) by striking ‘‘Directors from Massachusetts and Rhode 
Island;’’ and inserting ‘‘Directors from Massachusetts and 
Rhode Island, ex officio, or their delegates;’’. 
Subtitle D—Effect of Title 
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES. 
Nothing in this title shall be construed as affecting access 
for recreational activities otherwise allowed by law or regulation, 
including hunting, fishing, or trapping. 
TITLE IX—BUREAU OF RECLAMATION 
AUTHORIZATIONS 
Subtitle A—Feasibility Studies 
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO. 
(a) IN GENERAL.—The Secretary of the Interior, acting through 
the Bureau of Reclamation, may conduct feasibility studies on 
projects that address water shortages within the Snake, Boise, 
and Payette River systems in the State of Idaho, and are considered 
appropriate for further study by the Bureau of Reclamation Boise 
Payette water storage assessment report issued during 2006. 
(b) BUREAU OF RECLAMATION.—A study conducted under this 
section shall comply with Bureau of Reclamation policy standards 
and guidelines for studies. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of the Interior to carry out 
this section $3,000,000. 
(d) TERMINATION OF EFFECTIVENESS.—The authority provided 
by this section terminates on the date that is 10 years after the 
date of enactment of this Act. 
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 
(a) DEFINITIONS.—In this section: 
(1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means 
the appraisal report concerning the augmentation alternatives 
for the Sierra Vista Subwatershed in the State of Arizona, 
dated June 2007 and prepared by the Bureau of Reclamation. 
(2) PRINCIPLES AND GUIDELINES.—The term ‘‘principles and 
guidelines’’ means the report entitled ‘‘Economic and Environ-
mental Principles and Guidelines for Water and Related Land 
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123 STAT. 1296 
PUBLIC LAW 111–11—MAR. 30, 2009 
Resources Implementation Studies’’ issued on March 10, 1983, 
by the Water Resources Council established under title I of 
the Water Resources Planning Act (42 U.S.C. 1962a et seq.). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) SIERRA VISTA SUBWATERSHED FEASIBILITY STUDY.— 
(1) STUDY.— 
(A) IN GENERAL.—In accordance with the reclamation 
laws and the principles and guidelines, the Secretary, 
acting through the Commissioner of Reclamation, may com-
plete a feasibility study of alternatives to augment the 
water supplies within the Sierra Vista Subwatershed in 
the State of Arizona that are identified as appropriate 
for further study in the appraisal report. 
(B) INCLUSIONS.—In evaluating the feasibility of alter-
natives under subparagraph (A), the Secretary shall— 
(i) include— 
(I) any required environmental reviews; 
(II) the construction costs and projected oper-
ations, maintenance, and replacement costs for 
each alternative; and 
(III) the economic feasibility of each alter-
native; 
(ii) take into consideration the ability of Federal, 
tribal, State, and local government sources and private 
sources to fund capital construction costs and annual 
operation, maintenance, energy, and replacement costs; 
(iii) establish the basis for— 
(I) any cost-sharing allocations; and 
(II) anticipated repayment, if any, of Federal 
contributions; and 
(iv) perform a cost-benefit analysis. 
(2) COST SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total costs 
of the study under paragraph (1) shall not exceed 45 per-
cent. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share required under subparagraph (A) may be in the 
form of any in-kind service that the Secretary determines 
would contribute substantially toward the conduct and 
completion of the study under paragraph (1). 
(3) STATEMENT
OF
CONGRESSIONAL
INTENT
RELATING
TO 
COMPLETION OF STUDY.—It is the intent of Congress that the 
Secretary complete the study under paragraph (1) by a date 
that is not later than 30 months after the date of enactment 
of this Act. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $1,260,000. 
(c) WATER RIGHTS.—Nothing in this section affects— 
(1) any valid or vested water right in existence on the 
date of enactment of this Act; or 
(2) any application for water rights pending before the 
date of enactment of this Act. 
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 
(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.— 
Deadline. 
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123 STAT. 1297 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—The Secretary of the Interior (hereinafter 
referred to as ‘‘Secretary’’), in consultation and cooperation 
with the City of San Diego and the Sweetwater Authority, 
is authorized to undertake a study to determine the feasibility 
of constructing a four reservoir intertie system to improve 
water storage opportunities, water supply reliability, and water 
yield of the existing non-Federal water storage system. The 
feasibility study shall document the Secretary’s engineering, 
environmental, and economic investigation of the proposed res-
ervoir and intertie project taking into consideration the range 
of potential solutions and the circumstances and needs of the 
area to be served by the proposed reservoir and intertie project, 
the potential benefits to the people of that service area, and 
improved operations of the proposed reservoir and intertie 
system. The Secretary shall indicate in the feasibility report 
required under paragraph (4) whether the proposed reservoir 
and intertie project is recommended for construction. 
(2) FEDERAL COST SHARE.—The Federal share of the costs 
of the feasibility study shall not exceed 50 percent of the 
total study costs. The Secretary may accept as part of the 
non-Federal cost share, any contribution of such in-kind serv-
ices by the City of San Diego and the Sweetwater Authority 
that the Secretary determines will contribute toward the con-
duct and completion of the study. 
(3) COOPERATION.—The Secretary shall consult and 
cooperate with appropriate State, regional, and local authorities 
in implementing this subsection. 
(4) FEASIBILITY
REPORT.—The Secretary shall submit to 
Congress a feasibility report for the project the Secretary rec-
ommends, and to seek, as the Secretary deems appropriate, 
specific authority to develop and construct any recommended 
project. This report shall include— 
(A) good faith letters of intent by the City of San 
Diego and the Sweetwater Authority and its non-Federal 
partners to indicate that they have committed to share 
the allocated costs as determined by the Secretary; and 
(B) a schedule identifying the annual operation, 
maintenance, and replacement costs that should be allo-
cated to the City of San Diego and the Sweetwater 
Authority, as well as the current and expected financial 
capability to pay operation, maintenance, and replacement 
costs. 
(b) FEDERAL RECLAMATION PROJECTS.—Nothing in this section 
shall supersede or amend the provisions of Federal Reclamation 
laws or laws associated with any project or any portion of any 
project constructed under any authority of Federal Reclamation 
laws. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary $3,000,000 for the Federal 
cost share of the study authorized in subsection (a). 
(d) SUNSET.—The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the date 
of the enactment of this Act. 
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123 STAT. 1298 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle B—Project Authorizations 
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION 
PROJECT, OREGON. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Tumalo 
Irrigation District, Oregon. 
(2) PROJECT.—The term ‘‘Project’’ means the Tumalo Irriga-
tion District Water Conservation Project authorized under sub-
section (b)(1). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) AUTHORIZATION TO PLAN, DESIGN
AND CONSTRUCT
THE 
TUMALO WATER CONSERVATION PROJECT.— 
(1) AUTHORIZATION.—The Secretary, in cooperation with 
the District— 
(A) may participate in the planning, design, and 
construction of the Tumalo Irrigation District Water Con-
servation Project in Deschutes County, Oregon; and 
(B) for purposes of planning and designing the Project, 
shall take into account any appropriate studies and reports 
prepared by the District. 
(2) COST-SHARING REQUIREMENT.— 
(A) FEDERAL SHARE.—The Federal share of the total 
cost of the Project shall be 25 percent, which shall be 
nonreimbursable to the United States. 
(B) CREDIT
TOWARD
NON-FEDERAL
SHARE.—The Sec-
retary shall credit toward the non-Federal share of the 
Project any amounts that the District provides toward the 
design, planning, and construction before the date of enact-
ment of this Act. 
(3) TITLE.—The District shall hold title to any facilities 
constructed under this section. 
(4) OPERATION
AND
MAINTENANCE
COSTS.—The District 
shall pay the operation and maintenance costs of the Project. 
(5) EFFECT.—Any assistance provided under this section 
shall not be considered to be a supplemental or additional 
benefit under Federal reclamation law (the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary for the Federal share of the 
cost of the Project $4,000,000. 
(d) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to carry out this section shall expire on the date that is 
10 years after the date of enactment of this Act. 
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALI-
FORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Madera 
Irrigation District, Madera, California. 
(2) PROJECT.—The term ‘‘Project’’ means the Madera Water 
Supply Enhancement Project, a groundwater bank on the 
13,646-acre Madera Ranch in Madera, California, owned, oper-
ated, maintained, and managed by the District that will plan, 
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123 STAT. 1299 
PUBLIC LAW 111–11—MAR. 30, 2009 
design, and construct recharge, recovery, and delivery systems 
able to store up to 250,000 acre-feet of water and recover 
up to 55,000 acre-feet of water per year, as substantially 
described in the California Environmental Quality Act, Final 
Environmental Impact Report for the Madera Irrigation District 
Water Supply Enhancement Project, September 2005. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) TOTAL COST.—The term ‘‘total cost’’ means all reason-
able costs, such as the planning, design, permitting, and 
construction of the Project and the acquisition costs of lands 
used or acquired by the District for the Project. 
(b) PROJECT FEASIBILITY.— 
(1) PROJECT FEASIBLE.—Pursuant to the Reclamation Act 
of 1902 (32 Stat. 388) and Acts amendatory thereof and supple-
mental thereto, the Project is feasible and no further studies 
or actions regarding feasibility are necessary. 
(2) APPLICABILITY OF OTHER LAWS.—The Secretary shall 
implement the authority provided in this section in accordance 
with all applicable Federal laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (7 U.S.C. 136; 16 
U.S.C. 460 et seq.). 
(c) COOPERATIVE AGREEMENT.—All final planning and design 
and the construction of the Project authorized by this section shall 
be undertaken in accordance with a cooperative agreement between 
the Secretary and the District for the Project. Such cooperative 
agreement shall set forth in a manner acceptable to the Secretary 
and the District the responsibilities of the District for participating, 
which shall include— 
(1) engineering and design; 
(2) construction; and 
(3) the administration of contracts pertaining to any of 
the foregoing. 
(d) AUTHORIZATION
FOR
THE MADERA WATER SUPPLY
AND 
ENHANCEMENT PROJECT.— 
(1) AUTHORIZATION
OF
CONSTRUCTION.—The Secretary, 
acting pursuant to the Federal reclamation laws (Act of June 
17, 1902; 32 Stat. 388), and Acts amendatory thereof or supple-
mentary thereto, is authorized to enter into a cooperative agree-
ment through the Bureau of Reclamation with the District 
for the support of the final design and construction of the 
Project. 
(2) TOTAL COST.—The total cost of the Project for the pur-
poses of determining the Federal cost share shall not exceed 
$90,000,000. 
(3) COST SHARE.—The Federal share of the capital costs 
of the Project shall be provided on a nonreimbursable basis 
and shall not exceed 25 percent of the total cost. Capital, 
planning, design, permitting, construction, and land acquisition 
costs incurred by the District prior to the date of the enactment 
of this Act shall be considered a portion of the non-Federal 
cost share. 
(4) CREDIT
FOR
NON-FEDERAL
WORK.—The District shall 
receive credit toward the non-Federal share of the cost of the 
Project for— 
Contracts. 
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123 STAT. 1300 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) in-kind services that the Secretary determines 
would contribute substantially toward the completion of 
the project; 
(B) reasonable costs incurred by the District as a result 
of participation in the planning, design, permitting, and 
construction of the Project; and 
(C) the acquisition costs of lands used or acquired 
by the District for the Project. 
(5) LIMITATION.—The Secretary shall not provide funds for 
the operation or maintenance of the Project authorized by this 
subsection. The operation, ownership, and maintenance of the 
Project shall be the sole responsibility of the District. 
(6) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.— 
Before obligating funds for design or construction under this 
subsection, the Secretary shall work cooperatively with the 
District to use, to the extent possible, plans, designs, and 
engineering and environmental analyses that have already been 
prepared by the District for the Project. The Secretary shall 
ensure that such information as is used is consistent with 
applicable Federal laws and regulations. 
(7) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this sub-
section or the assistance provided under this subsection shall 
be construed to transfer title, responsibility, or liability related 
to the Project to the United States. 
(8) AUTHORIZATION OF APPROPRIATION.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $22,500,000 or 25 percent of the total cost of the 
Project, whichever is less. 
(e) SUNSET.—The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the date 
of the enactment of this Act. 
SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, 
NEW MEXICO. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORITY.—The term ‘‘Authority’’ means the Eastern 
New Mexico Rural Water Authority, an entity formed under 
State law for the purposes of planning, financing, developing, 
and operating the System. 
(2) ENGINEERING REPORT.—The term ‘‘engineering report’’ 
means the report entitled ‘‘Eastern New Mexico Rural Water 
System Preliminary Engineering Report’’ and dated October 
2006. 
(3) PLAN.—The term ‘‘plan’’ means the operation, mainte-
nance, and replacement plan required by subsection (c)(2). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
(6) SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘System’’ means the 
Eastern New Mexico Rural Water System, a water delivery 
project designed to deliver approximately 16,500 acre-feet 
of water per year from the Ute Reservoir to the cities 
of Clovis, Elida, Grady, Melrose, Portales, and Texico and 
other locations in Curry, Roosevelt, and Quay Counties 
in the State. 
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123 STAT. 1301 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) INCLUSIONS.—The term ‘‘System’’ includes the 
major components and associated infrastructure identified 
as the ‘‘Best Technical Alternative’’ in the engineering 
report. 
(7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ means the 
impoundment of water created in 1962 by the construction 
of the Ute Dam on the Canadian River, located approximately 
32 miles upstream of the border between New Mexico and 
Texas. 
(b) EASTERN NEW MEXICO RURAL WATER SYSTEM.— 
(1) FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—The Secretary may provide financial 
and technical assistance to the Authority to assist in plan-
ning, designing, conducting related preconstruction activi-
ties for, and constructing the System. 
(B) USE.— 
(i) IN GENERAL.—Any financial assistance provided 
under subparagraph (A) shall be obligated and 
expended only in accordance with a cooperative agree-
ment entered into under subsection (d)(1)(B). 
(ii) LIMITATIONS.—Financial assistance provided 
under clause (i) shall not be used— 
(I) for any activity that is inconsistent with 
constructing the System; or 
(II) to plan or construct facilities used to 
supply irrigation water for irrigated agricultural 
purposes. 
(2) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity or construction carried out using amounts 
made available under this section shall be not more than 
75 percent of the total cost of the System. 
(B) SYSTEM
DEVELOPMENT
COSTS.—For purposes of 
subparagraph (A), the total cost of the System shall include 
any costs incurred by the Authority or the State on or 
after October 1, 2003, for the development of the System. 
(3) LIMITATION.—No amounts made available under this 
section may be used for the construction of the System until— 
(A) a plan is developed under subsection (c)(2); and 
(B) the Secretary and the Authority have complied 
with any requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 
the System. 
(4) TITLE TO PROJECT WORKS.—Title to the infrastructure 
of the System shall be held by the Authority or as may other-
wise be specified under State law. 
(c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— 
(1) IN GENERAL.—The Authority shall be responsible for 
the annual operation, maintenance, and replacement costs asso-
ciated with the System. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— 
The Authority, in consultation with the Secretary, shall develop 
an operation, maintenance, and replacement plan that estab-
lishes the rates and fees for beneficiaries of the System in 
the amount necessary to ensure that the System is properly 
maintained and capable of delivering approximately 16,500 
acre-feet of water per year. 
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123 STAT. 1302 
PUBLIC LAW 111–11—MAR. 30, 2009 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) COOPERATIVE AGREEMENTS.— 
(A) IN GENERAL.—The Secretary may enter into any 
contract, grant, cooperative agreement, or other agreement 
that is necessary to carry out this section. 
(B) COOPERATIVE AGREEMENT FOR PROVISION OF FINAN-
CIAL ASSISTANCE.— 
(i) IN GENERAL.—The Secretary shall enter into 
a cooperative agreement with the Authority to provide 
financial assistance and any other assistance requested 
by the Authority for planning, design, related 
preconstruction activities, and construction of the 
System. 
(ii) REQUIREMENTS.—The cooperative agreement 
entered into under clause (i) shall, at a minimum, 
specify the responsibilities of the Secretary and the 
Authority with respect to— 
(I) ensuring that the cost-share requirements 
established by subsection (b)(2) are met; 
(II) completing the planning and final design 
of the System; 
(III) any environmental and cultural resource 
compliance activities required for the System; and 
(IV) the construction of the System. 
(2) TECHNICAL
ASSISTANCE.—At the request of the 
Authority, the Secretary may provide to the Authority any 
technical assistance that is necessary to assist the Authority 
in planning, designing, constructing, and operating the System. 
(3) BIOLOGICAL ASSESSMENT.—The Secretary shall consult 
with the New Mexico Interstate Stream Commission and the 
Authority in preparing any biological assessment under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
may be required for planning and constructing the System. 
(4) EFFECT.—Nothing in this section— 
(A) affects or preempts— 
(i) State water law; or 
(ii) an interstate compact relating to the allocation 
of water; or 
(B) confers on any non-Federal entity the ability to 
exercise any Federal rights to— 
(i) the water of a stream; or 
(ii) any groundwater resource. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In accordance with the adjustment car-
ried out under paragraph (2), there is authorized to be appro-
priated to the Secretary to carry out this section an amount 
not greater than $327,000,000. 
(2) ADJUSTMENT.—The amount made available under para-
graph (1) shall be adjusted to reflect changes in construction 
costs occurring after January 1, 2007, as indicated by 
engineering cost indices applicable to the types of construction 
necessary to carry out this section. 
(3) NONREIMBURSABLE AMOUNTS.—Amounts made available 
to the Authority in accordance with the cost-sharing require-
ment under subsection (b)(2) shall be nonreimbursable and 
nonreturnable to the United States. 
Consultation. 
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123 STAT. 1303 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) AVAILABILITY OF FUNDS.—At the end of each fiscal year, 
any unexpended funds appropriated pursuant to this section 
shall be retained for use in future fiscal years consistent with 
this section. 
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALI-
FORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALI-
FORNIA. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Rancho California Water District, California, may participate in 
the design, planning, and construction of permanent facilities for 
water recycling, demineralization, and desalination, and distribu-
tion of non-potable water supplies in Southern Riverside County, 
California. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project or $20,000,000, whichever is less. 
‘‘(c) LIMITATION.—Funds provided by the Secretary under this 
section shall not be used for operation or maintenance of the project 
described in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of items in section 2 
of Public Law 102–575 is amended by inserting after the last 
item the following: 
‘‘Sec. 1649. Rancho California Water District Project, California.’’. 
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO. 
(a) DEFINITIONS.—In this section: 
(1) ASSESSMENT.—The term ‘‘assessment’’ means the 
engineering document that is— 
(A) entitled ‘‘Jackson Gulch Inlet Canal Project, Jack-
son Gulch Outlet Canal Project, Jackson Gulch Operations 
Facilities Project: Condition Assessment and Recommenda-
tions for Rehabilitation’’; 
(B) dated February 2004; and 
(C) on file with the Bureau of Reclamation. 
(2) DISTRICT.—The term ‘‘District’’ means the Mancos 
Water Conservancy District established under the Water 
Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.). 
(3) PROJECT.—The term ‘‘Project’’ means the Jackson Gulch 
rehabilitation project, a program for the rehabilitation of the 
Jackson Gulch Canal system and other infrastructure in the 
State, as described in the assessment. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(5) STATE.—The term ‘‘State’’ means the State of Colorado. 
(b) AUTHORIZATION
OF
JACKSON
GULCH
REHABILITATION 
PROJECT.— 
(1) IN GENERAL.—Subject to the reimbursement require-
ment described in paragraph (3), the Secretary shall pay the 
Federal share of the total cost of carrying out the Project. 
Payments. 
43 USC 390h–32. 
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123 STAT. 1304 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) USE
OF
EXISTING
INFORMATION.—In preparing any 
studies relating to the Project, the Secretary shall, to the max-
imum extent practicable, use existing studies, including 
engineering and resource information provided by, or at the 
direction of— 
(A) Federal, State, or local agencies; and 
(B) the District. 
(3) REIMBURSEMENT REQUIREMENT.— 
(A) AMOUNT.—The Secretary shall recover from the 
District as reimbursable expenses the lesser of— 
(i) the amount equal to 35 percent of the cost 
of the Project; or 
(ii) $2,900,000. 
(B) MANNER.—The Secretary shall recover reimburs-
able expenses under subparagraph (A)— 
(i) in a manner agreed to by the Secretary and 
the District; 
(ii) over a period of 15 years; and 
(iii) with no interest. 
(C) CREDIT.—In determining the exact amount of 
reimbursable expenses to be recovered from the District, 
the Secretary shall credit the District for any amounts 
it paid before the date of enactment of this Act for 
engineering work and improvements directly associated 
with the Project. 
(4) PROHIBITION ON OPERATION AND MAINTENANCE COSTS.— 
The District shall be responsible for the operation and mainte-
nance of any facility constructed or rehabilitated under this 
section. 
(5) LIABILITY.—The United States shall not be liable for 
damages of any kind arising out of any act, omission, or occur-
rence relating to a facility rehabilitated or constructed under 
this section. 
(6) EFFECT.—An activity provided Federal funding under 
this section shall not be considered a supplemental or additional 
benefit under— 
(A) the reclamation laws; or 
(B) the Act of August 11, 1939 (16 U.S.C. 590y et 
seq.). 
(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to pay the Federal 
share of the total cost of carrying out the Project $8,250,000. 
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) drought, population increases, and environmental 
needs are exacerbating water supply issues across the 
western United States, including the Rio Grande Basin 
in New Mexico; 
(B) a report developed by the Bureau of Reclamation 
and the Bureau of Indian Affairs in 2000 identified a 
serious need for the rehabilitation and repair of irrigation 
infrastructure of the Rio Grande Pueblos; 
(C) inspection of existing irrigation infrastructure of 
the Rio Grande Pueblos shows that many key facilities, 
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123 STAT. 1305 
PUBLIC LAW 111–11—MAR. 30, 2009 
such as diversion structures and main conveyance ditches, 
are unsafe and barely, if at all, operable; 
(D) the benefits of rehabilitating and repairing irriga-
tion infrastructure of the Rio Grande Pueblos include— 
(i) water conservation; 
(ii) extending available water supplies; 
(iii) increased agricultural productivity; 
(iv) economic benefits; 
(v) safer facilities; and 
(vi) the preservation of the culture of Indian 
Pueblos in the State; 
(E) certain Indian Pueblos in the Rio Grande Basin 
receive water from facilities operated or owned by the 
Bureau of Reclamation; and 
(F) rehabilitation and repair of irrigation infrastructure 
of the Rio Grande Pueblos would improve— 
(i) overall water management by the Bureau of 
Reclamation; and 
(ii) the ability of the Bureau of Reclamation to 
help address potential water supply conflicts in the 
Rio Grande Basin. 
(2) PURPOSE.—The purpose of this section is to direct the 
Secretary— 
(A) to assess the condition of the irrigation infrastruc-
ture of the Rio Grande Pueblos; 
(B) to establish priorities for the rehabilitation of 
irrigation infrastructure of the Rio Grande Pueblos in 
accordance with specified criteria; and 
(C) to implement projects to rehabilitate and improve 
the irrigation infrastructure of the Rio Grande Pueblos. 
(b) DEFINITIONS.—In this section: 
(1) 2004 AGREEMENT.—The term ‘‘2004 Agreement’’ means 
the agreement entitled ‘‘Agreement By and Between the United 
States of America and the Middle Rio Grande Conservancy 
District, Providing for the Payment of Operation and Mainte-
nance Charges on Newly Reclaimed Pueblo Indian Lands in 
the Middle Rio Grande Valley, New Mexico’’ and executed in 
September 2004 (including any successor agreements and 
amendments to the agreement). 
(2) DESIGNATED
ENGINEER.—The term ‘‘designated engi-
neer’’ means a Federal employee designated under the Act 
of February 14, 1927 (69 Stat. 1098, chapter 138) to represent 
the United States in any action involving the maintenance, 
rehabilitation, or preservation of the condition of any irrigation 
structure or facility on land located in the Six Middle Rio 
Grande Pueblos. 
(3) DISTRICT.—The term ‘‘District’’ means the Middle Rio 
Grande Conservancy District, a political subdivision of the State 
established in 1925. 
(4) 
PUEBLO
IRRIGATION
INFRASTRUCTURE.—The 
term 
‘‘Pueblo irrigation infrastructure’’ means any diversion struc-
ture, conveyance facility, or drainage facility that is— 
(A) in existence as of the date of enactment of this 
Act; and 
(B) located on land of a Rio Grande Pueblo that is 
associated with— 
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123 STAT. 1306 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) the delivery of water for the irrigation of agricul-
tural land; or 
(ii) the carriage of irrigation return flows and 
excess water from the land that is served. 
(5) RIO
GRANDE
BASIN.—The term ‘‘Rio Grande Basin’’ 
means the headwaters of the Rio Chama and the Rio Grande 
Rivers (including any tributaries) from the State line between 
Colorado and New Mexico downstream to the elevation cor-
responding with the spillway crest of Elephant Butte Dam 
at 4,457.3 feet mean sea level. 
(6) RIO GRANDE PUEBLO.—The term ‘‘Rio Grande Pueblo’’ 
means any of the 18 Pueblos that— 
(A) occupy land in the Rio Grande Basin; and 
(B) are included on the list of federally recognized 
Indian tribes published by the Secretary in accordance 
with section 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 479a–1). 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(8) SIX
MIDDLE
RIO
GRANDE
PUEBLOS.—The term ‘‘Six 
Middle Rio Grande Pueblos’’ means each of the Pueblos of 
Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and 
Isleta. 
(9) SPECIAL PROJECT.—The term ‘‘special project’’ has the 
meaning given the term in the 2004 Agreement. 
(10) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
(c) IRRIGATION INFRASTRUCTURE STUDY.— 
(1) STUDY.— 
(A) IN GENERAL.—On the date of enactment of this 
Act, the Secretary, in accordance with subparagraph (B), 
and in consultation with the Rio Grande Pueblos, shall— 
(i) conduct a study of Pueblo irrigation infrastruc-
ture; and 
(ii) based on the results of the study, develop a 
list of projects (including a cost estimate for each 
project), that are recommended to be implemented over 
a 10-year period to repair, rehabilitate, or reconstruct 
Pueblo irrigation infrastructure. 
(B) REQUIRED CONSENT.—In carrying out subparagraph 
(A), the Secretary shall only include each individual Rio 
Grande Pueblo that notifies the Secretary that the Pueblo 
consents to participate in— 
(i) the conduct of the study under subparagraph 
(A)(i); and 
(ii) the development of the list of projects under 
subparagraph (A)(ii) with respect to the Pueblo. 
(2) PRIORITY.— 
(A) CONSIDERATION OF FACTORS.— 
(i) IN GENERAL.—In developing the list of projects 
under paragraph (1)(A)(ii), the Secretary shall— 
(I) consider each of the factors described in 
subparagraph (B); and 
(II) prioritize the projects recommended for 
implementation based on— 
(aa) a review of each of the factors; and 
Notification. 
Effective date. 
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123 STAT. 1307 
PUBLIC LAW 111–11—MAR. 30, 2009 
(bb) a consideration of the projected bene-
fits of the project on completion of the project. 
(ii) ELIGIBILITY OF PROJECTS.—A project is eligible 
to be considered and prioritized by the Secretary if 
the project addresses at least 1 factor described in 
subparagraph (B). 
(B) FACTORS.—The factors referred to in subparagraph 
(A) are— 
(i)(I) the extent of disrepair of the Pueblo irrigation 
infrastructure; and 
(II) the effect of the disrepair on the ability of 
the applicable Rio Grande Pueblo to irrigate agricul-
tural land using Pueblo irrigation infrastructure; 
(ii) whether, and the extent that, the repair, 
rehabilitation, or reconstruction of the Pueblo irriga-
tion infrastructure would provide an opportunity to 
conserve water; 
(iii)(I) the economic and cultural impacts that the 
Pueblo irrigation infrastructure that is in disrepair 
has on the applicable Rio Grande Pueblo; and 
(II) the economic and cultural benefits that the 
repair, rehabilitation, or reconstruction of the Pueblo 
irrigation infrastructure would have on the applicable 
Rio Grande Pueblo; 
(iv) the opportunity to address water supply or 
environmental conflicts in the applicable river basin 
if the Pueblo irrigation infrastructure is repaired, 
rehabilitated, or reconstructed; and 
(v) the overall benefits of the project to efficient 
water operations on the land of the applicable Rio 
Grande Pueblo. 
(3) CONSULTATION.—In developing the list of projects under 
paragraph (1)(A)(ii), the Secretary shall consult with the 
Director of the Bureau of Indian Affairs (including the des-
ignated engineer with respect to each proposed project that 
affects the Six Middle Rio Grande Pueblos), the Chief of the 
Natural Resources Conservation Service, and the Chief of Engi-
neers to evaluate the extent to which programs under the 
jurisdiction of the respective agencies may be used— 
(A) to assist in evaluating projects to repair, rehabili-
tate, or reconstruct Pueblo irrigation infrastructure; and 
(B) to implement— 
(i) a project recommended for implementation 
under paragraph (1)(A)(ii); or 
(ii) any other related project (including on-farm 
improvements) that may be appropriately coordinated 
with the repair, rehabilitation, or reconstruction of 
Pueblo irrigation infrastructure to improve the efficient 
use of water in the Rio Grande Basin. 
(4) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee on Resources of the House of Representatives a report 
that includes— 
(A) the list of projects recommended for implementation 
under paragraph (1)(A)(ii); and 
(B) any findings of the Secretary with respect to— 
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123 STAT. 1308 
PUBLIC LAW 111–11—MAR. 30, 2009 
(i) the study conducted under paragraph (1)(A)(i); 
(ii) the consideration of the factors under para-
graph (2)(B); and 
(iii) the consultations under paragraph (3). 
(5) PERIODIC REVIEW.—Not later than 4 years after the 
date on which the Secretary submits the report under para-
graph (4) and every 4 years thereafter, the Secretary, in con-
sultation with each Rio Grande Pueblo, shall— 
(A) review the report submitted under paragraph (4); 
and 
(B) update the list of projects described in paragraph 
(4)(A) in accordance with each factor described in para-
graph (2)(B), as the Secretary determines to be appropriate. 
(d) IRRIGATION INFRASTRUCTURE GRANTS.— 
(1) IN GENERAL.—The Secretary may provide grants to, 
and enter into contracts or other agreements with, the Rio 
Grande Pueblos to plan, design, construct, or otherwise imple-
ment projects to repair, rehabilitate, reconstruct, or replace 
Pueblo irrigation infrastructure that are recommended for 
implementation under subsection (c)(1)(A)(ii)— 
(A) to increase water use efficiency and agricultural 
productivity for the benefit of a Rio Grande Pueblo; 
(B) to conserve water; or 
(C) to otherwise enhance water management or help 
avert water supply conflicts in the Rio Grande Basin. 
(2) LIMITATION.—Assistance provided under paragraph (1) 
shall not be used for— 
(A) the repair, rehabilitation, or reconstruction of any 
major impoundment structure; or 
(B) any on-farm improvements. 
(3) CONSULTATION.—In carrying out a project under para-
graph (1), the Secretary shall— 
(A) consult with, and obtain the approval of, the 
applicable Rio Grande Pueblo; 
(B) consult with the Director of the Bureau of Indian 
Affairs; and 
(C) as appropriate, coordinate the project with any 
work being conducted under the irrigation operations and 
maintenance program of the Bureau of Indian Affairs. 
(4) COST-SHARING REQUIREMENT.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the Federal share of the total cost of carrying out 
a project under paragraph (1) shall be not more than 
75 percent. 
(ii) EXCEPTION.—The Secretary may waive or limit 
the non-Federal share required under clause (i) if the 
Secretary determines, based on a demonstration of 
financial hardship by the Rio Grande Pueblo, that the 
Rio Grande Pueblo is unable to contribute the required 
non-Federal share. 
(B) DISTRICT CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may accept from 
the District a partial or total contribution toward the 
non-Federal share required for a project carried out 
under paragraph (1) on land located in any of the 
Waiver authority. 
Deadline. 
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123 STAT. 1309 
PUBLIC LAW 111–11—MAR. 30, 2009 
Six Middle Rio Grande Pueblos if the Secretary deter-
mines that the project is a special project. 
(ii) LIMITATION.—Nothing in clause (i) requires the 
District to contribute to the non-Federal share of the 
cost of a project carried out under paragraph (1). 
(C) STATE CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may accept from 
the State a partial or total contribution toward the 
non-Federal share for a project carried out under para-
graph (1). 
(ii) LIMITATION.—Nothing in clause (i) requires the 
State to contribute to the non-Federal share of the 
cost of a project carried out under paragraph (1). 
(D) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share under subparagraph (A)(i) may be in the form of 
in-kind contributions, including the contribution of any 
valuable asset or service that the Secretary determines 
would substantially contribute to a project carried out 
under paragraph (1). 
(5) OPERATION AND MAINTENANCE.—The Secretary may not 
use any amount made available under subsection (g)(2) to carry 
out the operation or maintenance of any project carried out 
under paragraph (1). 
(e) EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.— 
Nothing in this section— 
(1) affects any existing project-specific funding authority; 
or 
(2) limits or absolves the United States from any responsi-
bility to any Rio Grande Pueblo (including any responsibility 
arising from a trust relationship or from any Federal law 
(including regulations), Executive order, or agreement between 
the Federal Government and any Rio Grande Pueblo). 
(f) EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.— 
(1) PUEBLO
WATER
RIGHTS.—Nothing in this section 
(including the implementation of any project carried out in 
accordance with this section) affects the right of any Pueblo 
to receive, divert, store, or claim a right to water, including 
the priority of right and the quantity of water associated with 
the water right under Federal or State law. 
(2) STATE WATER LAW.—Nothing in this section preempts 
or affects— 
(A) State water law; or 
(B) an interstate compact governing water. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) STUDY.—There is authorized to be appropriated to carry 
out subsection (c) $4,000,000. 
(2) PROJECTS.—There is authorized to be appropriated to 
carry out subsection (d) $6,000,000 for each of fiscal years 
2010 through 2019. 
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS. 
(a) DEFINITIONS.—Section 2 of Public Law 106–392 (114 Stat. 
1602) is amended— 
(1) in paragraph (5), by inserting ‘‘, rehabilitation, and 
repair’’ after ‘‘and replacement’’; and 
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123 STAT. 1310 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) in paragraph (6), by inserting ‘‘those for protection 
of critical habitat, those for preventing entrainment of fish 
in water diversions,’’ after ‘‘instream flows,’’. 
(b) AUTHORIZATION TO FUND RECOVERY PROGRAMS.—Section 
3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘$61,000,000’’ and 
inserting ‘‘$88,000,000’’; 
(B) in paragraph (2), by striking ‘‘2010’’ and inserting 
‘‘2023’’; and 
(C) in paragraph (3), by striking ‘‘2010’’ and inserting 
‘‘2023’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘$126,000,000’’ and inserting ‘‘$209,000,000’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘$108,000,000’’ and inserting 
‘‘$179,000,000’’; and 
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and 
(C) in paragraph (2)— 
(i) 
by 
striking 
‘‘$18,000,000’’ 
and 
inserting 
‘‘$30,000,000’’; and 
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and 
(3) in subsection (c)(4), by striking ‘‘$31,000,000’’ and 
inserting ‘‘$87,000,000’’. 
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Fallbrook 
Public Utility District, San Diego County, California. 
(2) PROJECT.—The term ‘‘Project’’ means the impoundment, 
recharge, treatment, and other facilities the construction, oper-
ation, watershed management, and maintenance of which is 
authorized under subsection (b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA 
RIVER PROJECT.— 
(1) AUTHORIZATION.—The Secretary, acting pursuant to 
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
388, chapter 1093), and Acts supplemental to and amendatory 
of that Act (43 U.S.C. 371 et seq.), to the extent that law 
is not inconsistent with this section, may construct, operate, 
and maintain the Project substantially in accordance with the 
final feasibility report and environmental reviews for the 
Project and this section. 
(2) CONDITIONS.—The Secretary may construct the Project 
only after the Secretary determines that the following condi-
tions have occurred: 
(A)(i) The District and the Secretary of the Navy have 
entered into contracts under subsections (c)(2) and (e) of 
section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 
485h) to repay to the United States equitable and appro-
priate portions, as determined by the Secretary, of the 
actual costs of constructing, operating, and maintaining 
the Project. 
Contracts. 
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123 STAT. 1311 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) As an alternative to a repayment contract with 
the Secretary of the Navy described in clause (i), the Sec-
retary may allow the Secretary of the Navy to satisfy 
all or a portion of the repayment obligation for construction 
of the Project on the payment of the share of the Secretary 
of the Navy prior to the initiation of construction, subject 
to a final cost allocation as described in subsection (c). 
(B) The officer or agency of the State of California 
authorized by law to grant permits for the appropriation 
of water has granted the permits to the Bureau of Reclama-
tion for the benefit of the Secretary of the Navy and the 
District as permittees for rights to the use of water for 
storage and diversion as provided in this section, including 
approval of all requisite changes in points of diversion 
and storage, and purposes and places of use. 
(C)(i) The District has agreed— 
(I) to not assert against the United States any 
prior appropriative right the District may have to 
water in excess of the quantity deliverable to the Dis-
trict under this section; and 
(II) to share in the use of the waters impounded 
by the Project on the basis of equal priority and in 
accordance with the ratio prescribed in subsection 
(d)(2). 
(ii) The agreement and waiver under clause (i) and 
the changes in points of diversion and storage under 
subparagraph (B)— 
(I) shall become effective and binding only when 
the Project has been completed and put into operation; 
and 
(II) may be varied by agreement between the Dis-
trict and the Secretary of the Navy. 
(D) The Secretary has determined that the Project 
has completed applicable economic, environmental, and 
engineering feasibility studies. 
(c) COSTS.— 
(1) IN GENERAL.—As determined by a final cost allocation 
after completion of the construction of the Project, the Secretary 
of the Navy shall be responsible to pay upfront or repay to 
the Secretary only that portion of the construction, operation, 
and maintenance costs of the Project that the Secretary and 
the Secretary of the Navy determine reflects the extent to 
which the Department of the Navy benefits from the Project. 
(2) OTHER
CONTRACTS.—Notwithstanding paragraph (1), 
the Secretary may enter into a contract with the Secretary 
of the Navy for the impoundment, storage, treatment, and 
carriage of prior rights water for domestic, municipal, fish 
and wildlife, industrial, and other beneficial purposes using 
Project facilities. 
(d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 
(1) OPERATION.—The Secretary, the District, or a third 
party (consistent with subsection (f)) may operate the Project, 
subject to a memorandum of agreement between the Secretary, 
the Secretary of the Navy, and the District and under regula-
tions satisfactory to the Secretary of the Navy with respect 
to the share of the Project of the Department of the Navy. 
Permits. 
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123 STAT. 1312 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) 
YIELD
ALLOTMENT.—Except 
as 
otherwise 
agreed 
between the parties, the Secretary of the Navy and the District 
shall participate in the Project yield on the basis of equal 
priority and in accordance with the following ratio: 
(A) 60 percent of the yield of the Project is allotted 
to the Secretary of the Navy. 
(B) 40 percent of the yield of the Project is allotted 
to the District. 
(3) CONTRACTS FOR DELIVERY OF EXCESS WATER.— 
(A) EXCESS WATER AVAILABLE TO OTHER PERSONS.— 
If the Secretary of the Navy certifies to the official agreed 
on to administer the Project that the Department of the 
Navy does not have immediate need for any portion of 
the 60 percent of the yield of the Project allotted to the 
Secretary of the Navy under paragraph (2), the official 
may enter into temporary contracts for the sale and 
delivery of the excess water. 
(B) FIRST RIGHT FOR EXCESS WATER.—The first right 
to excess water made available under subparagraph (A) 
shall be given the District, if otherwise consistent with 
the laws of the State of California. 
(C) CONDITION OF CONTRACTS.—Each contract entered 
into under subparagraph (A) for the sale and delivery of 
excess water shall include a condition that the Secretary 
of the Navy has the right to demand the water, without 
charge and without obligation on the part of the United 
States, after 30 days notice. 
(D) MODIFICATION OF RIGHTS AND OBLIGATIONS.—The 
rights and obligations of the United States and the District 
regarding the ratio, amounts, definition of Project yield, 
and payment for excess water may be modified by an 
agreement between the parties. 
(4) CONSIDERATION.— 
(A) DEPOSIT OF FUNDS.— 
(i) IN
GENERAL.—Amounts paid to the United 
States under a contract entered into under paragraph 
(3) shall be— 
(I) deposited in the special account established 
for the Department of the Navy under section 
2667(e)(1) of title 10, United States Code; and 
(II) shall be available for the purposes speci-
fied in section 2667(e)(1)(C) of that title. 
(ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10, 
United States Code, shall not apply to amounts depos-
ited in the special account pursuant to this paragraph. 
(B) IN-KIND
CONSIDERATION.—In lieu of monetary 
consideration under subparagraph (A), or in addition to 
monetary consideration, the Secretary of the Navy may 
accept in-kind consideration in a form and quantity that 
is acceptable to the Secretary of the Navy, including— 
(i) maintenance, protection, alteration, repair, 
improvement, or restoration (including environmental 
restoration) of property or facilities of the Department 
of the Navy; 
(ii) construction of new facilities for the Depart-
ment of the Navy; 
Notice. 
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123 STAT. 1313 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iii) provision of facilities for use by the Depart-
ment of the Navy; 
(iv) facilities operation support for the Department 
of the Navy; and 
(v) provision of such other services as the Secretary 
of the Navy considers appropriate. 
(C) RELATION TO OTHER LAWS.—Sections 2662 and 2802 
of title 10, United States Code, shall not apply to any 
new facilities the construction of which is accepted as in- 
kind consideration under this paragraph. 
(D) CONGRESSIONAL
NOTIFICATION.—If the in-kind 
consideration proposed to be provided under a contract 
to be entered into under paragraph (3) has a value in 
excess of $500,000, the contract may not be entered into 
until the earlier of— 
(i) the end of the 30-day period beginning on the 
date on which the Secretary of the Navy submits to 
the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of 
Representatives a report describing the contract and 
the form and quantity of the in-kind consideration; 
or 
(ii) the end of the 14-day period beginning on 
the date on which a copy of the report referred to 
in clause (i) is provided in an electronic medium pursu-
ant to section 480 of title 10, United States Code. 
(e) REPAYMENT OBLIGATION OF THE DISTRICT.— 
(1) DETERMINATION.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, the general repayment obligation of the District 
shall be determined by the Secretary consistent with sub-
sections (c)(2) and (e) of section 9 of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h) to repay to the United States 
equitable and appropriate portions, as determined by the 
Secretary, of the actual costs of constructing, operating, 
and maintaining the Project. 
(B) 
GROUNDWATER.—For 
purposes 
of 
calculating 
interest and determining the time when the repayment 
obligation of the District to the United States commences, 
the pumping and treatment of groundwater from the 
Project shall be deemed equivalent to the first use of water 
from a water storage project. 
(C) CONTRACTS
FOR
DELIVERY
OF
EXCESS
WATER.— 
There shall be no repayment obligation under this sub-
section for water delivered to the District under a contract 
described in subsection (d)(3). 
(2) MODIFICATION OF RIGHTS AND OBLIGATION BY AGREE-
MENT.—The rights and obligations of the United States and 
the District regarding the repayment obligation of the District 
may be modified by an agreement between the parties. 
(f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.— 
(1) IN GENERAL.—The Secretary may transfer to the Dis-
trict, or a mutually agreed upon third party, the care, operation, 
and maintenance of the Project under conditions that are— 
(A) satisfactory to the Secretary and the District; and 
Reports. 
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123 STAT. 1314 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) with respect to the portion of the Project that 
is located within the boundaries of Camp Pendleton, satis-
factory to the Secretary, the District, and the Secretary 
of the Navy. 
(2) EQUITABLE CREDIT.— 
(A) IN
GENERAL.—In the event of a transfer under 
paragraph (1), the District shall be entitled to an equitable 
credit for the costs associated with the proportionate share 
of the Secretary of the operation and maintenance of the 
Project. 
(B) APPLICATION.—The amount of costs described in 
subparagraph (A) shall be applied against the indebtedness 
of the District to the United States. 
(g) SCOPE OF SECTION.— 
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, for the purpose of this section, the laws of the State 
of California shall apply to the rights of the United States 
pertaining to the use of water under this section. 
(2) LIMITATIONS.—Nothing in this section— 
(A) provides a grant or a relinquishment by the United 
States of any rights to the use of water that the United 
States acquired according to the laws of the State of Cali-
fornia, either as a result of the acquisition of the land 
comprising Camp Joseph H. Pendleton and adjoining naval 
installations, and the rights to the use of water as a part 
of that acquisition, or through actual use or prescription 
or both since the date of that acquisition, if any; 
(B) creates any legal obligation to store any water 
in the Project, to the use of which the United States has 
those rights; 
(C) requires the division under this section of water 
to which the United States has those rights; or 
(D) constitutes a recognition of, or an admission by 
the United States that, the District has any rights to 
the use of water in the Santa Margarita River, which 
rights, if any, exist only by virtue of the laws of the State 
of California. 
(h) LIMITATIONS ON OPERATION AND ADMINISTRATION.—Unless 
otherwise agreed by the Secretary of the Navy, the Project— 
(1) shall be operated in a manner which allows the free 
passage of all of the water to the use of which the United 
States is entitled according to the laws of the State of California 
either as a result of the acquisition of the land comprising 
Camp Joseph H. Pendleton and adjoining naval installations, 
and the rights to the use of water as a part of those acquisitions, 
or through actual use or prescription, or both, since the date 
of that acquisition, if any; and 
(2) shall not be administered or operated in any way that 
will impair or deplete the quantities of water the use of which 
the United States would be entitled under the laws of the 
State of California had the Project not been built. 
(i) REPORTS TO CONGRESS.—Not later than 2 years after the 
date of the enactment of this Act and periodically thereafter, the 
Secretary and the Secretary of the Navy shall each submit to 
the appropriate committees of Congress reports that describe 
whether the conditions specified in subsection (b)(2) have been 
met and if so, the manner in which the conditions were met. 
Applicability. 
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123 STAT. 1315 
PUBLIC LAW 111–11—MAR. 30, 2009 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section— 
(1) $60,000,000, as adjusted to reflect the engineering costs 
indices for the construction cost of the Project; and 
(2) such sums as are necessary to operate and maintain 
the Project. 
(k) SUNSET.—The authority of the Secretary to complete 
construction of the Project shall terminate on the date that is 
10 years after the date of enactment of this Act. 
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) (as amended by section 9104(a)) is amended 
by adding at the end the following: 
‘‘SEC. 
1650. 
ELSINORE 
VALLEY 
MUNICIPAL 
WATER 
DISTRICT 
PROJECTS, CALIFORNIA. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Elsinore Valley Municipal Water District, California, may partici-
pate in the design, planning, and construction of permanent facili-
ties needed to establish recycled water distribution and wastewater 
treatment and reclamation facilities that will be used to treat 
wastewater and provide recycled water in the Elsinore Valley 
Municipal Water District, California. 
‘‘(b) COST SHARING.—The Federal share of the cost of each 
project described in subsection (a) shall not exceed 25 percent 
of the total cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary under this 
section shall not be used for operation or maintenance of the projects 
described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $12,500,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9104(b)) is 
amended by inserting after the item relating to section 1649 the 
following: 
‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 
(a) PROJECT AUTHORIZATION.—The Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by section 9109(a)) 
is amended by adding at the end the following: 
‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 
member agency of the North Bay Water Reuse Authority of 
the State located in the North San Pablo Bay watershed in— 
‘‘(A) Marin County; 
‘‘(B) Napa County; 
‘‘(C) Solano County; or 
‘‘(D) Sonoma County. 
‘‘(2) WATER RECLAMATION AND REUSE PROJECT.—The term 
‘water reclamation and reuse project’ means a project carried 
out by the Secretary and an eligible entity in the North San 
Pablo Bay watershed relating to— 
43 USC 390h–34. 
43 USC 390h–33. 
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123 STAT. 1316 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(A) water quality improvement; 
‘‘(B) wastewater treatment; 
‘‘(C) water reclamation and reuse; 
‘‘(D) groundwater recharge and protection; 
‘‘(E) surface water augmentation; or 
‘‘(F) other related improvements. 
‘‘(3) STATE.—The term ‘State’ means the State of California. 
‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 
‘‘(1) IN GENERAL.—Contingent upon a finding of feasibility, 
the Secretary, acting through a cooperative agreement with 
the State or a subdivision of the State, is authorized to enter 
into cooperative agreements with eligible entities for the plan-
ning, design, and construction of water reclamation and reuse 
facilities and recycled water conveyance and distribution sys-
tems. 
‘‘(2) COORDINATION
WITH
OTHER
FEDERAL
AGENCIES.—In 
carrying out this section, the Secretary and the eligible entity 
shall, to the maximum extent practicable, use the design work 
and environmental evaluations initiated by— 
‘‘(A) non-Federal entities; and 
‘‘(B) the Corps of Engineers in the San Pablo Bay 
Watershed of the State. 
‘‘(3) PHASED PROJECT.—A cooperative agreement described 
in paragraph (1) shall require that the North Bay Water Reuse 
Program carried out under this section shall consist of 2 phases 
as follows: 
‘‘(A) FIRST PHASE.—During the first phase, the Sec-
retary and an eligible entity shall complete the planning, 
design, and construction of the main treatment and main 
conveyance systems. 
‘‘(B) SECOND
PHASE.—During the second phase, the 
Secretary and an eligible entity shall complete the plan-
ning, design, and construction of the sub-regional distribu-
tion systems. 
‘‘(4) COST SHARING.— 
‘‘(A) FEDERAL SHARE.—The Federal share of the cost 
of the first phase of the project authorized by this section 
shall not exceed 25 percent of the total cost of the first 
phase of the project. 
‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share may be in the form of any in-kind services that 
the Secretary determines would contribute substantially 
toward the completion of the water reclamation and reuse 
project, including— 
‘‘(i) reasonable costs incurred by the eligible entity 
relating to the planning, design, and construction of 
the water reclamation and reuse project; and 
‘‘(ii) the acquisition costs of land acquired for the 
project that is— 
‘‘(I) used for planning, design, and construction 
of the water reclamation and reuse project facili-
ties; and 
‘‘(II) owned by an eligible entity and directly 
related to the project. 
‘‘(C) LIMITATION.—The Secretary shall not provide 
funds for the operation and maintenance of the project 
authorized by this section. 
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123 STAT. 1317 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(5) EFFECT.—Nothing in this section— 
‘‘(A) affects or preempts— 
‘‘(i) State water law; or 
‘‘(ii) an interstate compact relating to the allocation 
of water; or 
‘‘(B) confers on any non-Federal entity the ability to 
exercise any Federal right to— 
‘‘(i) the water of a stream; or 
‘‘(ii) any groundwater resource. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated for the Federal share of the total 
cost of the first phase of the project authorized by this section 
$25,000,000, to remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9109(b)) is 
amended by inserting after the item relating to section 1650 the 
following: 
‘‘Sec. 1651. North Bay water reuse program.’’. 
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT, 
CALIFORNIA. 
(a) PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.— 
(1) IN
GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by section 
9110(a)) is amended by adding at the end the following: 
‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the 
Orange County Water District, shall participate in the planning, 
design, and construction of natural treatment systems and wetlands 
for the flows of the Santa Ana River, California, and its tributaries 
into the Prado Basin. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for the operation and maintenance of the project described 
in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 
after the date that is 10 years after the date of the enactment 
of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sections in sec-
tion 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 
by section 9110(b)) is amended by inserting after the last item 
the following: 
‘‘1652. Prado Basin Natural Treatment System Project.’’. 
(b) LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION 
AND RECLAMATION PROJECT.— 
(1) IN
GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by subsection 
(a)(1)) is amended by adding at the end the following: 
43 USC 390h–35. 
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123 STAT. 1318 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRA-
TION AND RECLAMATION PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Chino 
Basin Watermaster, the Inland Empire Utilities Agency, and the 
Santa Ana Watershed Project Authority and acting under the Fed-
eral reclamation laws, shall participate in the design, planning, 
and construction of the Lower Chino Dairy Area desalination dem-
onstration and reclamation project. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed— 
‘‘(1) 25 percent of the total cost of the project; or 
‘‘(2) $26,000,000. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for operation or maintenance of the project described in 
subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 
after the date that is 10 years after the date of the enactment 
of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sections in sec-
tion 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 
by subsection (a)(2)) is amended by inserting after the last 
item the following: 
‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 
project.’’. 
(c) 
ORANGE
COUNTY
REGIONAL
WATER
RECLAMATION 
PROJECT.—Section 1624 of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, title 
XVI; 43 U.S.C. 390h–12j) is amended— 
(1) in the section heading, by striking the words ‘‘PHASE 
1 OF THE’’; and 
(2) in subsection (a), by striking ‘‘phase 1 of’’. 
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Western 
Municipal Water District, Riverside County, California. 
(2) PROJECT.— 
(A) IN GENERAL.—The term ‘‘Project’’ means the River-
side-Corona Feeder Project. 
(B) INCLUSIONS.—The term ‘‘Project’’ includes— 
(i) 20 groundwater wells; 
(ii) groundwater treatment facilities; 
(iii) water storage and pumping facilities; and 
(iv) 28 miles of pipeline in San Bernardino and 
Riverside Counties in the State of California. 
(C) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(b) PLANNING, DESIGN, AND CONSTRUCTION
OF RIVERSIDE- 
CORONA FEEDER.— 
(1) IN GENERAL.—The Secretary, in cooperation with the 
District, may participate in the planning, design, and construc-
tion of the Project. 
43 USC 390h–36. 
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123 STAT. 1319 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) AGREEMENTS AND REGULATIONS.—The Secretary may 
enter into such agreements and promulgate such regulations 
as are necessary to carry out this subsection. 
(3) FEDERAL SHARE.— 
(A) PLANNING, DESIGN, CONSTRUCTION.—The Federal 
share of the cost to plan, design, and construct the Project 
shall not exceed the lesser of— 
(i) an amount equal to 25 percent of the total 
cost of the Project; and 
(ii) $26,000,000. 
(B) STUDIES.—The Federal share of the cost to complete 
the necessary planning studies associated with the 
Project— 
(i) shall not exceed an amount equal to 50 percent 
of the total cost of the studies; and 
(ii) shall be included as part of the limitation 
described in subparagraph (A). 
(4) IN-KIND SERVICES.—The non-Federal share of the cost 
of the Project may be provided in cash or in kind. 
(5) LIMITATION.—Funds provided by the Secretary under 
this subsection shall not be used for operation or maintenance 
of the Project. 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection the lesser of— 
(A) an amount equal to 25 percent of the total cost 
of the Project; and 
(B) $26,000,000. 
SEC. 9113. GREAT PROJECT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (title XVI of Public Law 102–575; 
43 U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is 
amended by adding at the end the following: 
‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND 
TREATMENT PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
City of Oxnard, California, may participate in the design, planning, 
and construction of Phase I permanent facilities for the GREAT 
project to reclaim, reuse, and treat impaired water in the area 
of Oxnard, California. 
‘‘(b) COST SHARE.—The Federal share of the costs of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost. 
‘‘(c) LIMITATION.—The Secretary shall not provide funds for 
the following: 
‘‘(1) The operations and maintenance of the project 
described in subsection (a). 
‘‘(2) The construction, operations, and maintenance of the 
visitor’s center related to the project described in subsection 
(a). 
‘‘(d) SUNSET OF AUTHORITY.—The authority of the Secretary 
to carry out any provisions of this section shall terminate 10 years 
after the date of the enactment of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in section 
2 of the Reclamation Projects Authorization and Adjustment Act 
43 USC 390h–37. 
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123 STAT. 1320 
PUBLIC LAW 111–11—MAR. 30, 2009 
of 1992 (as amended by section 9111(b)(2)) is amended by inserting 
after the last item the following: 
‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment project.’’. 
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) (as amended by section 9113(a)) is amended 
by adding at the end the following: 
‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL 
PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Yucaipa Valley Water District, may participate in the design, plan-
ning, and construction of projects to treat impaired surface water, 
reclaim and reuse impaired groundwater, and provide brine disposal 
within the Santa Ana Watershed as described in the report sub-
mitted under section 1606. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for operation or maintenance of the project described in 
subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $20,000,000. 
‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER 
RECYCLING AND REUSE PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
City of Corona Water Utility, California, is authorized to participate 
in the design, planning, and construction of, and land acquisition 
for, a project to reclaim and reuse wastewater, including degraded 
groundwaters, within and outside of the service area of the City 
of Corona Water Utility, California. 
‘‘(b) COST SHARE.—The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.’’. 
(b) CONFORMING AMENDMENTS.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9114(b)) is 
amended by inserting after the last item the following: 
‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project. 
‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse 
project.’’. 
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 
(a) COST SHARE.—The first section of Public Law 87–590 (76 
Stat. 389) is amended in the second sentence of subsection (c) 
by inserting after ‘‘cost thereof,’’ the following: ‘‘or in the case 
of the Arkansas Valley Conduit, payment in an amount equal 
to 35 percent of the cost of the conduit that is comprised of revenue 
generated by payments pursuant to a repayment contract and rev-
enue that may be derived from contracts for the use of Fryingpan- 
Arkansas project excess capacity or exchange contracts using 
Fryingpan-Arkansas project facilities,’’. 
43 USC 616. 
43 USC 390h–39. 
43 USC 390h–38. 
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123 STAT. 1321 
PUBLIC LAW 111–11—MAR. 30, 2009 
(b) RATES.—Section 2(b) of Public Law 87–590 (76 Stat. 390) 
is amended— 
(1) by striking ‘‘(b) Rates’’ and inserting the following: 
‘‘(b) RATES.— 
‘‘(1) IN GENERAL.—Rates’’; and 
(2) by adding at the end the following: 
‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN VALLEY PIPELINE, 
AND SOUTH OUTLET WORKS AT PUEBLO DAM AND RESERVOIR.— 
‘‘(A) IN
GENERAL.—Notwithstanding the reclamation 
laws, until the date on which the payments for the 
Arkansas Valley Conduit under paragraph (3) begin, any 
revenue that may be derived from contracts for the use 
of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities shall 
be credited towards payment of the actual cost of Ruedi 
Dam and Reservoir, the Fountain Valley Pipeline, and 
the South Outlet Works at Pueblo Dam and Reservoir 
plus interest in an amount determined in accordance with 
this section. 
‘‘(B) EFFECT.—Nothing in the Federal reclamation law 
(the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
and Acts supplemental to and amendatory of that Act 
(43 U.S.C. 371 et seq.)) prohibits the concurrent crediting 
of revenue (with interest as provided under this section) 
towards payment of the Arkansas Valley Conduit as pro-
vided under this paragraph. 
‘‘(3) ARKANSAS VALLEY CONDUIT.— 
‘‘(A) USE OF REVENUE.—Notwithstanding the reclama-
tion laws, any revenue derived from contracts for the use 
of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities shall 
be credited towards payment of the actual cost of the 
Arkansas Valley Conduit plus interest in an amount deter-
mined in accordance with this section. 
‘‘(B) ADJUSTMENT OF RATES.—Any rates charged under 
this section for water for municipal, domestic, or industrial 
use or for the use of facilities for the storage or delivery 
of water shall be adjusted to reflect the estimated revenue 
derived from contracts for the use of Fryingpan-Arkansas 
project excess capacity or exchange contracts using 
Fryingpan-Arkansas project facilities.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of Public 
Law 87–590 (76 Stat. 393) is amended— 
(1) by striking ‘‘SEC. 7. There is hereby’’ and inserting 
the following: 
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is’’; and 
(2) by adding at the end the following: 
‘‘(b) ARKANSAS VALLEY CONDUIT.— 
‘‘(1) IN GENERAL.—Subject to annual appropriations and 
paragraph (2), there are authorized to be appropriated such 
sums as are necessary for the construction of the Arkansas 
Valley Conduit. 
‘‘(2) LIMITATION.—Amounts made available under para-
graph (1) shall not be used for the operation or maintenance 
of the Arkansas Valley Conduit.’’. 
43 USC 616f. 
43 USC 616a. 
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123 STAT. 1322 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle C—Title Transfers and 
Clarifications 
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment numbered 06–AG–60–2115 and entitled ‘‘Agreement 
Between the United States of America and McGee Creek 
Authority for the Purpose of Defining Responsibilities Related 
to and Implementing the Title Transfer of Certain Facilities 
at the McGee Creek Project, Oklahoma’’. 
(2) AUTHORITY.—The term ‘‘Authority’’ means the McGee 
Creek Authority located in Oklahoma City, Oklahoma. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSO-
CIATED FACILITIES.— 
(1) AUTHORITY TO CONVEY.— 
(A) IN
GENERAL.—In accordance with all applicable 
laws and consistent with any terms and conditions provided 
in the Agreement, the Secretary may convey to the 
Authority all right, title, and interest of the United States 
in and to the pipeline and any associated facilities described 
in the Agreement, including— 
(i) the pumping plant; 
(ii) the raw water pipeline from the McGee Creek 
pumping plant to the rate of flow control station at 
Lake Atoka; 
(iii) the surge tank; 
(iv) the regulating tank; 
(v) the McGee Creek operation and maintenance 
complex, maintenance shop, and pole barn; and 
(vi) any other appurtenances, easements, and fee 
title land associated with the facilities described in 
clauses (i) through (v), in accordance with the Agree-
ment. 
(B) EXCLUSION
OF
MINERAL
ESTATE
FROM
CONVEY-
ANCE.— 
(i) IN
GENERAL.—The mineral estate shall be 
excluded from the conveyance of any land or facilities 
under subparagraph (A). 
(ii) MANAGEMENT.—Any mineral interests retained 
by the United States under this section shall be man-
aged— 
(I) consistent with Federal law; and 
(II) in a manner that would not interfere with 
the purposes for which the McGee Creek Project 
was authorized. 
(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW.— 
(i) AGREEMENT.—All parties to the conveyance 
under subparagraph (A) shall comply with the terms 
and conditions of the Agreement, to the extent con-
sistent with this section. 
(ii) APPLICABLE
LAW.—Before any conveyance 
under subparagraph (A), the Secretary shall complete 
any actions required under— 
Oklahoma. 
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123 STAT. 1323 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(II) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(III) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); and 
(IV) any other applicable laws. 
(2) OPERATION OF TRANSFERRED FACILITIES.— 
(A) IN GENERAL.—On the conveyance of the land and 
facilities under paragraph (1)(A), the Authority shall 
comply with all applicable Federal, State, and local laws 
(including regulations) in the operation of any transferred 
facilities. 
(B) OPERATION AND MAINTENANCE COSTS.— 
(i) IN GENERAL.—After the conveyance of the land 
and facilities under paragraph (1)(A) and consistent 
with the Agreement, the Authority shall be responsible 
for all duties and costs associated with the operation, 
replacement, maintenance, enhancement, and better-
ment of the transferred land and facilities. 
(ii) LIMITATION ON FUNDING.—The Authority shall 
not be eligible to receive any Federal funding to assist 
in the operation, replacement, maintenance, enhance-
ment, and betterment of the transferred land and facili-
ties, except for funding that would be available to 
any comparable entity that is not subject to reclama-
tion laws. 
(3) RELEASE FROM LIABILITY.— 
(A) IN GENERAL.—Effective beginning on the date of 
the conveyance of the land and facilities under paragraph 
(1)(A), the United States shall not be liable for damages 
of any kind arising out of any act, omission, or occurrence 
relating to any land or facilities conveyed, except for dam-
ages caused by acts of negligence committed by the United 
States (including any employee or agent of the United 
States) before the date of the conveyance. 
(B) NO ADDITIONAL LIABILITY.—Nothing in this para-
graph adds to any liability that the United States may 
have under chapter 171 of title 28, United States Code. 
(4) CONTRACTUAL OBLIGATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), any rights and obligations under the contract num-
bered 0–07–50–X0822 and dated October 11, 1979, between 
the Authority and the United States for the construction, 
operation, and maintenance of the McGee Creek Project, 
shall remain in full force and effect. 
(B) AMENDMENTS.—With the consent of the Authority, 
the Secretary may amend the contract described in 
subparagraph (A) to reflect the conveyance of the land 
and facilities under paragraph (1)(A). 
(5) APPLICABILITY OF THE RECLAMATION LAWS.—Notwith-
standing the conveyance of the land and facilities under para-
graph (1)(A), the reclamation laws shall continue to apply to 
any project water provided to the Authority. 
Effective date. 
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123 STAT. 1324 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE 
CLARIFICATION. 
(a) PURPOSE.—The purpose of this section is to direct the Sec-
retary of the Interior to issue a quitclaim deed conveying any 
right, title, and interest the United States may have in and to 
Tingley Beach, San Gabriel Park, or the BioPark Parcels to the 
City, thereby removing a potential cloud on the City’s title to 
these lands. 
(b) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of Albuquerque, 
New Mexico. 
(2) BIOPARK PARCELS.—The term ‘‘BioPark Parcels’’ means 
a certain area of land containing 19.16 acres, more or less, 
situated within the Town of Albuquerque Grant, in Projected 
Section 13, Township 10 North, Range 2 East, N.M.P.M., City 
of Albuquerque, Bernalillo County, New Mexico, comprised of 
the following platted tracts and lot, and MRGCD tracts: 
(A) Tracts A and B, Albuquerque Biological Park, as 
the same are shown and designated on the Plat of Tracts 
A & B, Albuquerque Biological Park, recorded in the Office 
of the County Clerk of Bernalillo County, New Mexico 
on February 11, 1994 in Book 94C, Page 44; containing 
17.9051 acres, more or less. 
(B) Lot B–1, Roger Cox Addition, as the same is shown 
and designated on the Plat of Lots B–1 and B–2 Roger 
Cox Addition, recorded in the Office of the County Clerk 
of Bernalillo County, New Mexico on October 3, 1985 in 
Book C28, Page 99; containing 0.6289 acres, more or less. 
(C) Tract 361 of MRGCD Map 38, bounded on the 
north by Tract A, Albuquerque Biological Park, on the 
east by the westerly right-of-way of Central Avenue, on 
the south by Tract 332B MRGCD Map 38, and on the 
west by Tract B, Albuquerque Biological Park; containing 
0.30 acres, more or less. 
(D) Tract 332B of MRGCD Map 38; bounded on the 
north by Tract 361, MRGCD Map 38, on the west by 
Tract 32A–1–A, MRGCD Map 38, and on the south and 
east by the westerly right-of-way of Central Avenue; con-
taining 0.25 acres, more or less. 
(E) Tract 331A–1A of MRGCD Map 38, bounded on 
the west by Tract B, Albuquerque Biological Park, on the 
east by Tract 332B, MRGCD Map 38, and on the south 
by the westerly right-of-way of Central Avenue and Tract 
A, Albuquerque Biological Park; containing 0.08 acres, 
more or less. 
(3) MIDDLE
RIO
GRANDE
CONSERVANCY
DISTRICT.—The 
terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’ 
mean a political subdivision of the State of New Mexico, created 
in 1925 to provide and maintain flood protection and drainage, 
and maintenance of ditches, canals, and distribution systems 
for irrigation and water delivery and operations in the Middle 
Rio Grande Valley. 
(4) MIDDLE RIO GRANDE PROJECT.—The term ‘‘Middle Rio 
Grande Project’’ means the works associated with water deliv-
eries and operations in the Rio Grande basin as authorized 
by the Flood Control Act of 1948 (Public Law 80–858; 62 
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123 STAT. 1325 
PUBLIC LAW 111–11—MAR. 30, 2009 
Stat. 1175) and the Flood Control Act of 1950 (Public Law 
81–516; 64 Stat. 170). 
(5) SAN
GABRIEL
PARK.—The term ‘‘San Gabriel Park’’ 
means the tract of land containing 40.2236 acres, more or 
less, situated within Section 12 and Section 13, T10N, R2E, 
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, 
and described by New Mexico State Plane Grid Bearings (Cen-
tral Zone) and ground distances in a Special Warranty Deed 
conveying the property from MRGCD to the City, dated 
November 25, 1997. 
(6) TINGLEY BEACH.—The term ‘‘Tingley Beach’’ means the 
tract of land containing 25.2005 acres, more or less, situated 
within Section 13 and Section 24, T10N, R2E, and secs. 18 
and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo 
County, New Mexico, and described by New Mexico State Plane 
Grid Bearings (Central Zone) and ground distances in a Special 
Warranty Deed conveying the property from MRGCD to the 
City, dated November 25, 1997. 
(c) CLARIFICATION OF PROPERTY INTEREST.— 
(1) REQUIRED ACTION.—The Secretary of the Interior shall 
issue a quitclaim deed conveying any right, title, and interest 
the United States may have in and to Tingley Beach, San 
Gabriel Park, and the BioPark Parcels to the City. 
(2) TIMING.—The Secretary shall carry out the action in 
paragraph (1) as soon as practicable after the date of enactment 
of this Act and in accordance with all applicable law. 
(3) NO
ADDITIONAL
PAYMENT.—The City shall not be 
required to pay any additional costs to the United States for 
the value of San Gabriel Park, Tingley Beach, and the BioPark 
Parcels. 
(d) OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.— 
(1) IN
GENERAL.—Except as expressly provided in sub-
section (c), nothing in this section shall be construed to affect 
any right, title, or interest in and to any land associated with 
the Middle Rio Grande Project. 
(2) ONGOING LITIGATION.—Nothing contained in this section 
shall be construed or utilized to affect or otherwise interfere 
with any position set forth by any party in the lawsuit pending 
before the United States District Court for the District of New 
Mexico, 99–CV–01320–JAP–RHS, entitled Rio Grande Silvery 
Minnow v. John W. Keys, III, concerning the right, title, or 
interest in and to any property associated with the Middle 
Rio Grande Project. 
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, 
CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means Agreement 
No. 07–LC–20–9387 between the United States and the Dis-
trict, entitled ‘‘Agreement Between the United States and the 
Goleta Water District to Transfer Title of the Federally Owned 
Distribution System to the Goleta Water District’’. 
(2) DISTRICT.—The term ‘‘District’’ means the Goleta Water 
District, located in Santa Barbara County, California. 
(3) GOLETA
WATER
DISTRIBUTION
SYSTEM.—The term 
‘‘Goleta Water Distribution System’’ means the facilities con-
structed by the United States to enable the District to convey 
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123 STAT. 1326 
PUBLIC LAW 111–11—MAR. 30, 2009 
water to its water users, and associated lands, as described 
in Appendix A of the Agreement. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) CONVEYANCE
OF
THE
GOLETA
WATER
DISTRIBUTION 
SYSTEM.—The Secretary is authorized to convey to the District 
all right, title, and interest of the United States in and to the 
Goleta Water Distribution System of the Cachuma Project, Cali-
fornia, subject to valid existing rights and consistent with the 
terms and conditions set forth in the Agreement. 
(c) LIABILITY.—Effective upon the date of the conveyance 
authorized by subsection (b), the United States shall not be held 
liable by any court for damages of any kind arising out of any 
act, omission, or occurrence relating to the lands, buildings, or 
facilities conveyed under this section, except for damages caused 
by acts of negligence committed by the United States or by its 
employees or agents prior to the date of conveyance. Nothing in 
this section increases the liability of the United States beyond 
that provided in chapter 171 of title 28, United States Code (popu-
larly known as the Federal Tort Claims Act). 
(d) BENEFITS.—After conveyance of the Goleta Water Distribu-
tion System under this section— 
(1) such distribution system shall not be considered to 
be a part of a Federal reclamation project; and 
(2) the District shall not be eligible to receive any benefits 
with respect to any facility comprising the Goleta Water Dis-
tribution System, except benefits that would be available to 
a similarly situated entity with respect to property that is 
not part of a Federal reclamation project. 
(e) COMPLIANCE WITH OTHER LAWS.— 
(1) COMPLIANCE
WITH
ENVIRONMENTAL
AND
HISTORIC 
PRESERVATION LAWS.—Prior to any conveyance under this sec-
tion, the Secretary shall complete all actions required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), the National Historic Preservation Act (16 U.S.C. 470 
et seq.), and all other applicable laws. 
(2) COMPLIANCE BY THE DISTRICT.—Upon the conveyance 
of the Goleta Water Distribution System under this section, 
the District shall comply with all applicable Federal, State, 
and local laws and regulations in its operation of the facilities 
that are transferred. 
(3) APPLICABLE AUTHORITY.—All provisions of Federal rec-
lamation law (the Act of June 17, 1902 (43 U.S.C. 371 et 
seq.) and Acts supplemental to and amendatory of that Act) 
shall continue to be applicable to project water provided to 
the District. 
(f) REPORT.—If, 12 months after the date of the enactment 
of this Act, the Secretary has not completed the conveyance required 
under subsection (b), the Secretary shall complete a report that 
states the reason the conveyance has not been completed and the 
date by which the conveyance shall be completed. The Secretary 
shall submit a report required under this subsection to Congress 
not later than 14 months after the date of the enactment of this 
Act. 
Effective date. 
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123 STAT. 1327 
PUBLIC LAW 111–11—MAR. 30, 2009 
Subtitle D—San Gabriel Basin Restoration 
Fund 
SEC. 9301. RESTORATION FUND. 
Section 110 of division B of the Miscellaneous Appropriations 
Act, 2001 (114 Stat. 2763A–222), as enacted into law by section 
1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 
106–554, as amended by Public Law 107–66), is further amended— 
(1) in subsection (a)(3)(B), by inserting after clause (iii) 
the following: 
‘‘(iv) NON-FEDERAL MATCH.—After $85,000,000 has 
cumulatively been appropriated under subsection 
(d)(1), the remainder of Federal funds appropriated 
under subsection (d) shall be subject to the following 
matching requirement: 
‘‘(I) SAN
GABRIEL
BASIN
WATER
QUALITY 
AUTHORITY.—The San Gabriel Basin Water Quality 
Authority shall be responsible for providing a 35 
percent non-Federal match for Federal funds made 
available to the Authority under this Act. 
‘‘(II) CENTRAL
BASIN
MUNICIPAL
WATER
DIS-
TRICT.—The Central Basin Municipal Water Dis-
trict shall be responsible for providing a 35 percent 
non-Federal match for Federal funds made avail-
able to the District under this Act.’’; 
(2) in subsection (a), by adding at the end the following: 
‘‘(4) INTEREST
ON
FUNDS
IN
RESTORATION
FUND.—No 
amounts appropriated above the cumulative amount of 
$85,000,000 to the Restoration Fund under subsection (d)(1) 
shall be invested by the Secretary of the Treasury in interest- 
bearing securities of the United States.’’; and 
(3) by amending subsection (d) to read as follows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to the Restoration Fund established under subsection (a) 
$146,200,000. 
Such 
funds 
shall 
remain 
available 
until 
expended. 
‘‘(2) SET-ASIDE.—Of the amounts appropriated under para-
graph (1), no more than $21,200,000 shall be made available 
to carry out the Central Basin Water Quality Project.’’. 
Subtitle E—Lower Colorado River Multi- 
Species Conservation Program 
SEC. 9401. DEFINITIONS. 
In this subtitle: 
(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION 
PROGRAM.—The term ‘‘Lower Colorado River Multi-Species Con-
servation Program’’ or ‘‘LCR MSCP’’ means the cooperative 
effort on the Lower Colorado River between Federal and non- 
Federal entities in Arizona, California, and Nevada approved 
by the Secretary of the Interior on April 2, 2005. 
(2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado 
River’’ means the segment of the Colorado River within the 
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123 STAT. 1328 
PUBLIC LAW 111–11—MAR. 30, 2009 
planning area as provided in section 2(B) of the Implementing 
Agreement, a Program Document. 
(3) PROGRAM
DOCUMENTS.—The term ‘‘Program Docu-
ments’’ means the Habitat Conservation Plan, Biological Assess-
ment and Biological and Conference Opinion, Environmental 
Impact Statement/Environmental Impact Report, Funding and 
Management Agreement, Implementing Agreement, and Sec-
tion 10(a)(1)(B) Permit issued and, as applicable, executed in 
connection with the LCR MSCP, and any amendments or suc-
cessor documents that are developed consistent with existing 
agreements and applicable law. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means each of the States 
of Arizona, California, and Nevada. 
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 
(a) IMPLEMENTATION.—The Secretary is authorized to manage 
and implement the LCR MSCP in accordance with the Program 
Documents. 
(b) WATER ACCOUNTING.—The Secretary is authorized to enter 
into an agreement with the States providing for the use of water 
from the Lower Colorado River for habitat creation and maintenance 
in accordance with the Program Documents. 
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 
(a) IN GENERAL.—Due to the unique conditions of the Colorado 
River, any party to the Funding and Management Agreement or 
the Implementing Agreement, and any permittee under the Section 
10(a)(1)(B) Permit, may commence a civil action in United States 
district court to adjudicate, confirm, validate or decree the rights 
and obligations of the parties under those Program Documents. 
(b) JURISDICTION.—The district court shall have jurisdiction 
over such actions and may issue such orders, judgments, and 
decrees as are consistent with the court’s exercise of jurisdiction 
under this section. 
(c) UNITED STATES AS DEFENDANT.— 
(1) IN GENERAL.—The United States or any agency of the 
United States may be named as a defendant in such actions. 
(2) SOVEREIGN IMMUNITY.—Subject to paragraph (3), the 
sovereign immunity of the United States is waived for purposes 
of actions commenced pursuant to this section. 
(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing in this sec-
tion waives the sovereign immunity of the United States to 
claims for money damages, monetary compensation, the provi-
sion of indemnity, or any claim seeking money from the United 
States. 
(d) RIGHTS UNDER FEDERAL AND STATE LAW.— 
(1) IN GENERAL.—Except as specifically provided in this 
section, nothing in this section limits any rights or obligations 
of any party under Federal or State law. 
(2) APPLICABILITY TO LOWER COLORADO RIVER MULTI-SPE-
CIES CONSERVATION PROGRAM.—This section— 
(A) shall apply only to the Lower Colorado River Multi- 
Species Conservation Program; and 
(B) shall not affect the terms of, or rights or obligations 
under, any other conservation plan created pursuant to 
any Federal or State law. 
Waiver. 
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123 STAT. 1329 
PUBLIC LAW 111–11—MAR. 30, 2009 
(e) VENUE.—Any suit pursuant to this section may be brought 
in any United States district court in the State in which any 
non-Federal party to the suit is situated. 
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated to 
the Secretary such sums as may be necessary to meet the obliga-
tions of the Secretary under the Program Documents, to remain 
available until expended. 
(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All amounts 
appropriated to and expended by the Secretary for the LCR MSCP 
shall be non-reimbursable and non-returnable. 
Subtitle F—Secure Water 
SEC. 9501. FINDINGS. 
Congress finds that— 
(1) adequate and safe supplies of water are fundamental 
to the health, economy, security, and ecology of the United 
States; 
(2) systematic data-gathering with respect to, and research 
and development of, the water resources of the United States 
will help ensure the continued existence of sufficient quantities 
of water to support— 
(A) increasing populations; 
(B) economic growth; 
(C) irrigated agriculture; 
(D) energy production; and 
(E) the protection of aquatic ecosystems; 
(3) global climate change poses a significant challenge to 
the protection and use of the water resources of the United 
States due to an increased uncertainty with respect to the 
timing, form, and geographical distribution of precipitation, 
which may have a substantial effect on the supplies of water 
for agricultural, hydroelectric power, industrial, domestic 
supply, and environmental needs; 
(4) although States bear the primary responsibility and 
authority for managing the water resources of the United 
States, the Federal Government should support the States, 
as well as regional, local, and tribal governments, by carrying 
out— 
(A) nationwide data collection and monitoring activi-
ties; 
(B) relevant research; and 
(C) activities to increase the efficiency of the use of 
water in the United States; 
(5) Federal agencies that conduct water management and 
related activities have a responsibility— 
(A) to take a lead role in assessing risks to the water 
resources of the United States (including risks posed by 
global climate change); and 
(B) to develop strategies— 
(i) to mitigate the potential impacts of each risk 
described in subparagraph (A); and 
42 USC 10361. 
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123 STAT. 1330 
PUBLIC LAW 111–11—MAR. 30, 2009 
(ii) to help ensure that the long-term water 
resources management of the United States is sustain-
able and will ensure sustainable quantities of water; 
(6) it is critical to continue and expand research and moni-
toring efforts— 
(A) to improve the understanding of the variability 
of the water cycle; and 
(B) to provide basic information necessary— 
(i) to manage and efficiently use the water 
resources of the United States; and 
(ii) to identify new supplies of water that are 
capable of being reclaimed; and 
(7) the study of water use is vital— 
(A) to the understanding of the impacts of human 
activity on water and ecological resources; and 
(B) to the assessment of whether available surface 
and groundwater supplies will be available to meet the 
future needs of the United States. 
SEC. 9502. DEFINITIONS. 
In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the National Oceanic and Atmospheric 
Administration. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the National Advisory Committee on Water Information 
established— 
(A) under the Office of Management and Budget Cir-
cular 92–01; and 
(B) to coordinate water data collection activities. 
(3) ASSESSMENT
PROGRAM.—The term ‘‘assessment pro-
gram’’ means the water availability and use assessment pro-
gram established by the Secretary under section 9508(a). 
(4) CLIMATE DIVISION.—The term ‘‘climate division’’ means 
1 of the 359 divisions in the United States that represents 
2 or more regions located within a State that are as climatically 
homogeneous as possible, as determined by the Administrator. 
(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the 
Commissioner of Reclamation. 
(6) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the United States Geological Survey. 
(7) ELIGIBLE
APPLICANT.—The term ‘‘eligible applicant’’ 
means any State, Indian tribe, irrigation district, water district, 
or other organization with water or power delivery authority. 
(8) FEDERAL
POWER
MARKETING
ADMINISTRATION.—The 
term ‘‘Federal Power Marketing Administration’’ means— 
(A) the Bonneville Power Administration; 
(B) the Southeastern Power Administration; 
(C) the Southwestern Power Administration; and 
(D) the Western Area Power Administration. 
(9) HYDROLOGIC ACCOUNTING UNIT.—The term ‘‘hydrologic 
accounting unit’’ means 1 of the 352 river basin hydrologic 
accounting units used by the United States Geological Survey. 
(10) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b). 
42 USC 10362. 
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123 STAT. 1331 
PUBLIC LAW 111–11—MAR. 30, 2009 
(11) MAJOR
AQUIFER
SYSTEM.—The term ‘‘major aquifer 
system’’ means a groundwater system that is— 
(A) identified as a significant groundwater system by 
the Director; and 
(B) included in the Groundwater Atlas of the United 
States, published by the United States Geological Survey. 
(12) MAJOR RECLAMATION RIVER BASIN.— 
(A) IN GENERAL.—The term ‘‘major reclamation river 
basin’’ means each major river system (including tribu-
taries)— 
(i) that is located in a service area of the Bureau 
of Reclamation; and 
(ii) at which is located a federally authorized 
project of the Bureau of Reclamation. 
(B) INCLUSIONS.—The term ‘‘major reclamation river 
basin’’ includes— 
(i) the Colorado River; 
(ii) the Columbia River; 
(iii) the Klamath River; 
(iv) the Missouri River; 
(v) the Rio Grande; 
(vi) the Sacramento River; 
(vii) the San Joaquin River; and 
(viii) the Truckee River. 
(13) NON-FEDERAL
PARTICIPANT.—The term ‘‘non-Federal 
participant’’ means— 
(A) a State, regional, or local authority; 
(B) an Indian tribe or tribal organization; or 
(C) any other qualifying entity, such as a water con-
servation district, water conservancy district, or rural water 
district or association, or a nongovernmental organization. 
(14) PANEL.—The term ‘‘panel’’ means the climate change 
and water intragovernmental panel established by the Sec-
retary under section 9506(a). 
(15) PROGRAM.—The term ‘‘program’’ means the regional 
integrated sciences and assessments program— 
(A) established by the Administrator; and 
(B) that is comprised of 8 regional programs that use 
advances in integrated climate sciences to assist decision-
making processes. 
(16) SECRETARY.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘‘Secretary’’ means the Secretary of the 
Interior. 
(B) EXCEPTIONS.—The term ‘‘Secretary’’ means— 
(i) in the case of sections 9503, 9504, and 9509, 
the Secretary of the Interior (acting through the 
Commissioner); and 
(ii) in the case of sections 9507 and 9508, the 
Secretary of the Interior (acting through the Director). 
(17) SERVICE AREA.—The term ‘‘service area’’ means any 
area that encompasses a watershed that contains a federally 
authorized reclamation project that is located in any State 
or area described in the first section of the Act of June 17, 
1902 (43 U.S.C. 391). 
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123 STAT. 1332 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a climate 
change adaptation program— 
(1) to coordinate with the Administrator and other appro-
priate agencies to assess each effect of, and risk resulting 
from, global climate change with respect to the quantity of 
water resources located in a service area; and 
(2) to ensure, to the maximum extent possible, that strate-
gies are developed at watershed and aquifer system scales 
to address potential water shortages, conflicts, and other 
impacts to water users located at, and the environment of, 
each service area. 
(b) REQUIRED
ELEMENTS.—In carrying out the program 
described in subsection (a), the Secretary shall— 
(1) coordinate with the United States Geological Survey, 
the National Oceanic and Atmospheric Administration, the pro-
gram, and each appropriate State water resource agency, to 
ensure that the Secretary has access to the best available 
scientific information with respect to presently observed and 
projected future impacts of global climate change on water 
resources; 
(2) assess specific risks to the water supply of each major 
reclamation river basin, including any risk relating to— 
(A) a change in snowpack; 
(B) changes in the timing and quantity of runoff; 
(C) changes in groundwater recharge and discharge; 
and 
(D) any increase in— 
(i) the demand for water as a result of increasing 
temperatures; and 
(ii) the rate of reservoir evaporation; 
(3) with respect to each major reclamation river basin, 
analyze the extent to which changes in the water supply of 
the United States will impact— 
(A) the ability of the Secretary to deliver water to 
the contractors of the Secretary; 
(B) hydroelectric power generation facilities; 
(C) recreation at reclamation facilities; 
(D) fish and wildlife habitat; 
(E) applicable species listed as an endangered, threat-
ened, or candidate species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); 
(F) water quality issues (including salinity levels of 
each major reclamation river basin); 
(G) flow and water dependent ecological resiliency; and 
(H) flood control management; 
(4) in consultation with appropriate non-Federal partici-
pants, consider and develop appropriate strategies to mitigate 
each impact of water supply changes analyzed by the Secretary 
under paragraph (3), including strategies relating to— 
(A) the modification of any reservoir storage or oper-
ating guideline in existence as of the date of enactment 
of this Act; 
(B) the development of new water management, oper-
ating, or habitat restoration plans; 
(C) water conservation; 
Strategies. 
Analysis. 
Assessment. 
42 USC 10363. 
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123 STAT. 1333 
PUBLIC LAW 111–11—MAR. 30, 2009 
(D) improved hydrologic models and other decision sup-
port systems; and 
(E) groundwater and surface water storage needs; and 
(5) in consultation with the Director, the Administrator, 
the Secretary of Agriculture (acting through the Chief of the 
Natural Resources Conservation Service), and applicable State 
water resource agencies, develop a monitoring plan to acquire 
and maintain water resources data— 
(A) to strengthen the understanding of water supply 
trends; and 
(B) to assist in each assessment and analysis conducted 
by the Secretary under paragraphs (2) and (3). 
(c) REPORTING.—Not later than 2 years after the date of enact-
ment of this Act, and every 5 years thereafter, the Secretary shall 
submit to the appropriate committees of Congress a report that 
describes— 
(1) each effect of, and risk resulting from, global climate 
change with respect to the quantity of water resources located 
in each major reclamation river basin; 
(2) the impact of global climate change with respect to 
the operations of the Secretary in each major reclamation river 
basin; 
(3) each mitigation and adaptation strategy considered and 
implemented by the Secretary to address each effect of global 
climate change described in paragraph (1); 
(4) each coordination activity conducted by the Secretary 
with— 
(A) the Director; 
(B) the Administrator; 
(C) the Secretary of Agriculture (acting through the 
Chief of the Natural Resources Conservation Service); or 
(D) any appropriate State water resource agency; and 
(5) the implementation by the Secretary of the monitoring 
plan developed under subsection (b)(5). 
(d) FEASIBILITY STUDIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary, in coopera-
tion with any non-Federal participant, may conduct 1 or more 
studies to determine the feasibility and impact on ecological 
resiliency of implementing each mitigation and adaptation 
strategy described in subsection (c)(3), including the construc-
tion of any water supply, water management, environmental, 
or habitat enhancement water infrastructure that the Secretary 
determines to be necessary to address the effects of global 
climate change on water resources located in each major rec-
lamation river basin. 
(2) COST SHARING.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the Federal share of the cost of a study described 
in paragraph (1) shall not exceed 50 percent of the 
cost of the study. 
(ii) EXCEPTION
RELATING
TO
FINANCIAL
HARD-
SHIP.—The Secretary may increase the Federal share 
of the cost of a study described in paragraph (1) to 
exceed 50 percent of the cost of the study if the Sec-
retary determines that, due to a financial hardship, 
the non-Federal participant of the study is unable to 
Monitoring plan. 
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123 STAT. 1334 
PUBLIC LAW 111–11—MAR. 30, 2009 
contribute an amount equal to 50 percent of the cost 
of the study. 
(B) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of a study described in paragraph (1) may be 
provided in the form of any in-kind services that substan-
tially contribute toward the completion of the study, as 
determined by the Secretary. 
(e) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this sec-
tion amends or otherwise affects any existing authority under rec-
lamation laws that govern the operation of any Federal reclamation 
project. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2023, to remain avail-
able until expended. 
SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 
(a) AUTHORIZATION
OF
GRANTS
AND
COOPERATIVE
AGREE-
MENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
any grant to, or enter into an agreement with, any eligible 
applicant to assist the eligible applicant in planning, designing, 
or constructing any improvement— 
(A) to conserve water; 
(B) to increase water use efficiency; 
(C) to facilitate water markets; 
(D) 
to 
enhance 
water 
management, 
including 
increasing the use of renewable energy in the management 
and delivery of water; 
(E) to accelerate the adoption and use of advanced 
water treatment technologies to increase water supply; 
(F) to prevent the decline of species that the United 
States Fish and Wildlife Service and National Marine Fish-
eries Service have proposed for listing under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or 
candidate species that are being considered by those agen-
cies for such listing but are not yet the subject of a proposed 
rule); 
(G) to accelerate the recovery of threatened species, 
endangered species, and designated critical habitats that 
are adversely affected by Federal reclamation projects or 
are subject to a recovery plan or conservation plan under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) under which the Commissioner of Reclamation has 
implementation responsibilities; or 
(H) to carry out any other activity— 
(i) to address any climate-related impact to the 
water supply of the United States that increases 
ecological resiliency to the impacts of climate change; 
or 
(ii) to prevent any water-related crisis or conflict 
at any watershed that has a nexus to a Federal rec-
lamation project located in a service area. 
(2) APPLICATION.—To be eligible to receive a grant, or enter 
into an agreement with the Secretary under paragraph (1), 
an eligible applicant shall— 
42 USC 10364. 
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123 STAT. 1335 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) be located within the States and areas referred 
to in the first section of the Act of June 17, 1902 (43 
U.S.C. 391); and 
(B) submit to the Secretary an application that includes 
a proposal of the improvement or activity to be planned, 
designed, constructed, or implemented by the eligible 
applicant. 
(3) REQUIREMENTS OF GRANTS AND COOPERATIVE AGREE-
MENTS.— 
(A) COMPLIANCE WITH REQUIREMENTS.—Each grant and 
agreement entered into by the Secretary with any eligible 
applicant under paragraph (1) shall be in compliance with 
each requirement described in subparagraphs (B) through 
(F). 
(B) AGRICULTURAL OPERATIONS.—In carrying out para-
graph (1), the Secretary shall not provide a grant, or enter 
into an agreement, for an improvement to conserve irriga-
tion water unless the eligible applicant agrees not— 
(i) to use any associated water savings to increase 
the total irrigated acreage of the eligible applicant; 
or 
(ii) to otherwise increase the consumptive use of 
water in the operation of the eligible applicant, as 
determined pursuant to the law of the State in which 
the operation of the eligible applicant is located. 
(C) NONREIMBURSABLE FUNDS.—Any funds provided by 
the Secretary to an eligible applicant through a grant or 
agreement under paragraph (1) shall be nonreimbursable. 
(D) TITLE
TO
IMPROVEMENTS.—If an infrastructure 
improvement to a federally owned facility is the subject 
of a grant or other agreement entered into between the 
Secretary and an eligible applicant under paragraph (1), 
the Federal Government shall continue to hold title to 
the facility and improvements to the facility. 
(E) COST SHARING.— 
(i) FEDERAL SHARE.—The Federal share of the cost 
of any infrastructure improvement or activity that is 
the subject of a grant or other agreement entered into 
between the Secretary and an eligible applicant under 
paragraph (1) shall not exceed 50 percent of the cost 
of the infrastructure improvement or activity. 
(ii) CALCULATION OF NON-FEDERAL SHARE.—In cal-
culating the non-Federal share of the cost of an infra-
structure improvement or activity proposed by an 
eligible applicant through an application submitted by 
the eligible applicant under paragraph (2), the Sec-
retary shall— 
(I) consider the value of any in-kind services 
that substantially contributes toward the comple-
tion of the improvement or activity, as determined 
by the Secretary; and 
(II) not consider any other amount that the 
eligible applicant receives from a Federal agency. 
(iii) MAXIMUM AMOUNT.—The amount provided to 
an eligible applicant through a grant or other agree-
ment under paragraph (1) shall be not more than 
$5,000,000. 
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123 STAT. 1336 
PUBLIC LAW 111–11—MAR. 30, 2009 
(iv) OPERATION
AND
MAINTENANCE
COSTS.—The 
non-Federal share of the cost of operating and 
maintaining any infrastructure improvement that is 
the subject of a grant or other agreement entered into 
between the Secretary and an eligible applicant under 
paragraph (1) shall be 100 percent. 
(F) LIABILITY.— 
(i) IN GENERAL.—Except as provided under chapter 
171 of title 28, United States Code (commonly known 
as the ‘‘Federal Tort Claims Act’’), the United States 
shall not be liable for monetary damages of any kind 
for any injury arising out of an act, omission, or occur-
rence that arises in relation to any facility created 
or improved under this section, the title of which is 
not held by the United States. 
(ii) TORT
CLAIMS
ACT.—Nothing in this section 
increases the liability of the United States beyond that 
provided in chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims Act’’). 
(b) RESEARCH AGREEMENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may enter 
into 1 or more agreements with any university, nonprofit 
research institution, or organization with water or power 
delivery authority to fund any research activity that is 
designed— 
(A) to conserve water resources; 
(B) to increase the efficiency of the use of water 
resources; or 
(C) to enhance the management of water resources, 
including increasing the use of renewable energy in the 
management and delivery of water. 
(2) TERMS AND CONDITIONS OF SECRETARY.— 
(A) IN GENERAL.—An agreement entered into between 
the Secretary and any university, institution, or organiza-
tion described in paragraph (1) shall be subject to such 
terms and conditions as the Secretary determines to be 
appropriate. 
(B) AVAILABILITY.—The agreements under this sub-
section shall be available to all Reclamation projects and 
programs that may benefit from project-specific or pro-
grammatic cooperative research and development. 
(c) MUTUAL BENEFIT.—Grants or other agreements made under 
this section may be for the mutual benefit of the United States 
and the entity that is provided the grant or enters into the coopera-
tive agreement. 
(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHORITY.—This sec-
tion shall not supersede any existing project-specific funding 
authority. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $200,000,000, to remain 
available until expended. 
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 
(a) DUTY OF SECRETARY OF ENERGY.—The Secretary of Energy, 
in consultation with the Administrator of each Federal Power Mar-
keting Administration, shall assess each effect of, and risk resulting 
from, global climate change with respect to water supplies that 
42 USC 10365. 
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123 STAT. 1337 
PUBLIC LAW 111–11—MAR. 30, 2009 
are required for the generation of hydroelectric power at each 
Federal water project that is applicable to a Federal Power Mar-
keting Administration. 
(b) ACCESS TO APPROPRIATE DATA.— 
(1) IN GENERAL.—In carrying out each assessment under 
subsection (a), the Secretary of Energy shall consult with the 
United States Geological Survey, the National Oceanic and 
Atmospheric Administration, the program, and each appro-
priate State water resource agency, to ensure that the Secretary 
of Energy has access to the best available scientific information 
with respect to presently observed impacts and projected future 
impacts of global climate change on water supplies that are 
used to produce hydroelectric power. 
(2) ACCESS TO DATA FOR CERTAIN ASSESSMENTS.—In car-
rying out each assessment under subsection (a), with respect 
to the Bonneville Power Administration and the Western Area 
Power Administration, the Secretary of Energy shall consult 
with the Commissioner to access data and other information 
that— 
(A) is collected by the Commissioner; and 
(B) the Secretary of Energy determines to be necessary 
for the conduct of the assessment. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and every 5 years thereafter, the Secretary of Energy 
shall submit to the appropriate committees of Congress a report 
that describes— 
(1) each effect of, and risk resulting from, global climate 
change with respect to— 
(A) water supplies used for hydroelectric power genera-
tion; and 
(B) power supplies marketed by each Federal Power 
Marketing Administration, pursuant to— 
(i) long-term power contracts; 
(ii) contingent capacity contracts; and 
(iii) short-term sales; and 
(2) each recommendation of the Administrator of each Fed-
eral Power Marketing Administration relating to any change 
in any operation or contracting practice of each Federal Power 
Marketing Administration to address each effect and risk 
described in paragraph (1), including the use of purchased 
power to meet long-term commitments of each Federal Power 
Marketing Administration. 
(d) AUTHORITY.—The Secretary of Energy may enter into con-
tracts, grants, or other agreements with appropriate entities to 
carry out this section. 
(e) COSTS.— 
(1) NONREIMBURSABLE.—Any costs incurred by the Sec-
retary of Energy in carrying out this section shall be nonreim-
bursable. 
(2) PMA COSTS.—Each Federal Power Marketing Adminis-
tration shall incur costs in carrying out this section only to 
the extent that appropriated funds are provided by the Sec-
retary of Energy for that purpose. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2023, to remain avail-
able until expended. 
Consultation. 
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123 STAT. 1338 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL 
PANEL. 
(a) ESTABLISHMENT.—The Secretary and the Administrator 
shall 
establish 
and 
lead 
a 
climate 
change 
and 
water 
intragovernmental panel— 
(1) to review the current scientific understanding of each 
impact of global climate change on the quantity and quality 
of freshwater resources of the United States; and 
(2) to develop any strategy that the panel determines to 
be necessary to improve observational capabilities, expand data 
acquisition, or take other actions— 
(A) to increase the reliability and accuracy of modeling 
and prediction systems to benefit water managers at the 
Federal, State, and local levels; and 
(B) to increase the understanding of the impacts of 
climate change on aquatic ecosystems. 
(b) MEMBERSHIP.—The panel shall be comprised of— 
(1) the Secretary; 
(2) the Director; 
(3) the Administrator; 
(4) the Secretary of Agriculture (acting through the Under 
Secretary for Natural Resources and Environment); 
(5) the Commissioner; 
(6) the Secretary of the Army, acting through the Chief 
of Engineers; 
(7) the Administrator of the Environmental Protection 
Agency; and 
(8) the Secretary of Energy. 
(c) REVIEW ELEMENTS.—In conducting the review and devel-
oping the strategy under subsection (a), the panel shall consult 
with State water resource agencies, the Advisory Committee, 
drinking water utilities, water research organizations, and relevant 
water user, environmental, and other nongovernmental organiza-
tions— 
(1) to assess the extent to which the conduct of measures 
of 
streamflow, 
groundwater 
levels, 
soil 
moisture, 
evapotranspiration rates, evaporation rates, snowpack levels, 
precipitation amounts, flood risk, and glacier mass is necessary 
to improve the understanding of the Federal Government and 
the States with respect to each impact of global climate change 
on water resources; 
(2) to identify data gaps in current water monitoring net-
works that must be addressed to improve the capability of 
the Federal Government and the States to measure, analyze, 
and predict changes to the quality and quantity of water 
resources, including flood risks, that are directly or indirectly 
affected by global climate change; 
(3) to establish data management and communication 
protocols and standards to increase the quality and efficiency 
by which each Federal agency acquires and reports relevant 
data; 
(4) to consider options for the establishment of a data 
portal to enhance access to water resource data— 
(A) relating to each nationally significant freshwater 
watershed and aquifer located in the United States; and 
(B) that is collected by each Federal agency and any 
other public or private entity for each nationally significant 
Procedures. 
Standards. 
Consultation. 
42 USC 10366. 
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123 STAT. 1339 
PUBLIC LAW 111–11—MAR. 30, 2009 
freshwater watershed and aquifer located in the United 
States; 
(5) to facilitate the development of hydrologic and other 
models to integrate data that reflects groundwater and surface 
water interactions; and 
(6) to apply the hydrologic and other models developed 
under paragraph (5) to water resource management problems 
identified by the panel, including the need to maintain or 
improve ecological resiliency at watershed and aquifer system 
scales. 
(d) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report that describes the review conducted, and 
the strategy developed, by the panel under subsection (a). 
(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOP-
MENT PROJECTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary, in consulta-
tion with the panel and the Advisory Committee, may provide 
grants to, or enter into any contract, cooperative agreement, 
interagency agreement, or other transaction with, an appro-
priate entity to carry out any demonstration, research, or meth-
odology development project that the Secretary determines to 
be necessary to assist in the implementation of the strategy 
developed by the panel under subsection (a)(2). 
(2) REQUIREMENTS.— 
(A) MAXIMUM AMOUNT OF FEDERAL SHARE.—The Fed-
eral share of the cost of any demonstration, research, or 
methodology development project that is the subject of 
any grant, contract, cooperative agreement, interagency 
agreement, or other transaction entered into between the 
Secretary and an appropriate entity under paragraph (1) 
shall not exceed $1,000,000. 
(B) REPORT.—An appropriate entity that receives funds 
from a grant, contract, cooperative agreement, interagency 
agreement, or other transaction entered into between the 
Secretary and the appropriate entity under paragraph (1) 
shall submit to the Secretary a report describing the results 
of the demonstration, research, or methodology develop-
ment project conducted by the appropriate entity. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out subsections (a) through (d) $2,000,000 for each 
of fiscal years 2009 through 2011, to remain available until 
expended. 
(2) 
DEMONSTRATION, 
RESEARCH, 
AND
METHODOLOGY 
DEVELOPMENT
PROJECTS.—There is authorized to be appro-
priated to carry out subsection (e) $10,000,000 for the period 
of fiscal years 2009 through 2013, to remain available until 
expended. 
SEC. 
9507. 
WATER 
DATA 
ENHANCEMENT 
BY 
UNITED 
STATES 
GEOLOGICAL SURVEY. 
(a) NATIONAL STREAMFLOW INFORMATION PROGRAM.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Advisory Committee and the Panel and consistent with this 
section, shall proceed with implementation of the national 
42 USC 10367. 
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123 STAT. 1340 
PUBLIC LAW 111–11—MAR. 30, 2009 
streamflow information program, as reviewed by the National 
Research Council in 2004. 
(2) REQUIREMENTS.—In conducting the national streamflow 
information program, the Secretary shall— 
(A) measure streamflow and related environmental 
variables in nationally significant watersheds— 
(i) in a reliable and continuous manner; and 
(ii) to develop a comprehensive source of informa-
tion on which public and private decisions relating 
to the management of water resources may be based; 
(B) provide for a better understanding of hydrologic 
extremes (including floods and droughts) through the con-
duct of intensive data collection activities during and fol-
lowing hydrologic extremes; 
(C) establish a base network that provides resources 
that are necessary for— 
(i) the monitoring of long-term changes in 
streamflow; and 
(ii) the conduct of assessments to determine the 
extent to which each long-term change monitored 
under clause (i) is related to global climate change; 
(D) integrate the national streamflow information pro-
gram with data collection activities of Federal agencies 
and appropriate State water resource agencies (including 
the National Integrated Drought Information System)— 
(i) to enhance the comprehensive understanding 
of water availability; 
(ii) to improve flood-hazard assessments; 
(iii) to identify any data gap with respect to water 
resources; and 
(iv) to improve hydrologic forecasting; and 
(E) incorporate principles of adaptive management in 
the conduct of periodic reviews of information collected 
under the national streamflow information program to 
assess whether the objectives of the national streamflow 
information program are being adequately addressed. 
(3) IMPROVED METHODOLOGIES.—The Secretary shall— 
(A) improve methodologies relating to the analysis and 
delivery of data; and 
(B) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure 
streamflow in a more cost-efficient manner. 
(4) NETWORK ENHANCEMENT.— 
(A) IN GENERAL.—Not later than 10 years after the 
date of enactment of this Act, in accordance with subpara-
graph (B), the Secretary shall— 
(i) increase the number of streamgages funded by 
the national streamflow information program to a 
quantity of not less than 4,700 sites; and 
(ii) ensure all streamgages are flood-hardened and 
equipped with water-quality sensors and modernized 
telemetry. 
(B) REQUIREMENTS OF SITES.—Each site described in 
subparagraph (A) shall conform with the National 
Streamflow Information Program plan as reviewed by the 
National Research Council. 
Deadline. 
Base network. 
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123 STAT. 1341 
PUBLIC LAW 111–11—MAR. 30, 2009 
(5) FEDERAL SHARE.—The Federal share of the national 
streamgaging network established pursuant to this subsection 
shall be 100 percent of the cost of carrying out the national 
streamgaging network. 
(6) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), there are authorized to be appropriated such sums 
as are necessary to operate the national streamflow 
information program for the period of fiscal years 2009 
through 2023, to remain available until expended. 
(B) NETWORK
ENHANCEMENT
FUNDING.—There is 
authorized to be appropriated to carry out the network 
enhancements described in paragraph (4) $10,000,000 for 
each of fiscal years 2009 through 2019, to remain available 
until expended. 
(b) NATIONAL GROUNDWATER RESOURCES MONITORING.— 
(1) IN GENERAL.—The Secretary shall develop a systematic 
groundwater monitoring program for each major aquifer system 
located in the United States. 
(2) PROGRAM ELEMENTS.—In developing the monitoring pro-
gram described in paragraph (1), the Secretary shall— 
(A) establish appropriate criteria for monitoring wells 
to ensure the acquisition of long-term, high-quality data 
sets, including, to the maximum extent possible, the inclu-
sion of real-time instrumentation and reporting; 
(B) in coordination with the Advisory Committee and 
State and local water resource agencies— 
(i) assess the current scope of groundwater moni-
toring based on the access availability and capability 
of each monitoring well in existence as of the date 
of enactment of this Act; and 
(ii) develop and carry out a monitoring plan that 
maximizes coverage for each major aquifer system that 
is located in the United States; and 
(C) prior to initiating any specific monitoring activities 
within a State after the date of enactment of this Act, 
consult and coordinate with the applicable State water 
resource agency with jurisdiction over the aquifer that 
is the subject of the monitoring activities, and comply with 
all applicable laws (including regulations) of the State. 
(3) PROGRAM OBJECTIVES.—In carrying out the monitoring 
program described in paragraph (1), the Secretary shall— 
(A) provide data that is necessary for the improvement 
of understanding with respect to surface water and ground-
water interactions; 
(B) by expanding the network of monitoring wells to 
reach each climate division, support the groundwater cli-
mate response network to improve the understanding of 
the effects of global climate change on groundwater 
recharge and availability; and 
(C) support the objectives of the assessment program. 
(4) IMPROVED METHODOLOGIES.—The Secretary shall— 
(A) improve methodologies relating to the analysis and 
delivery of data; and 
Consultation. 
Monitoring plan. 
Assessment. 
Criteria. 
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123 STAT. 1342 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure ground-
water recharge, discharge, and storage in a more cost- 
efficient manner. 
(5) FEDERAL SHARE.—The Federal share of the monitoring 
program described in paragraph (1) may be 100 percent of 
the cost of carrying out the monitoring program. 
(6) PRIORITY.—In selecting monitoring activities consistent 
with the monitoring program described in paragraph (1), the 
Secretary shall give priority to those activities for which a 
State or local governmental entity agrees to provide for a 
substantial share of the cost of establishing or operating a 
monitoring well or other measuring device to carry out a moni-
toring activity. 
(7) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this subsection for the period of fiscal years 2009 through 
2023, to remain available until expended. 
(c) BRACKISH GROUNDWATER ASSESSMENT.— 
(1) STUDY.—The Secretary, in consultation with State and 
local water resource agencies, shall conduct a study of available 
data and other relevant information— 
(A) to identify significant brackish groundwater 
resources located in the United States; and 
(B) to consolidate any available data relating to each 
groundwater resource identified under subparagraph (A). 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report that includes— 
(A) a description of each— 
(i) significant brackish aquifer that is located in 
the United States (including 1 or more maps of each 
significant brackish aquifer that is located in the 
United States); 
(ii) data gap that is required to be addressed to 
fully characterize each brackish aquifer described in 
clause (i); and 
(iii) current use of brackish groundwater that is 
supplied by each brackish aquifer described in clause 
(i); and 
(B) a summary of the information available as of the 
date of enactment of this Act with respect to each brackish 
aquifer described in subparagraph (A)(i) (including the 
known level of total dissolved solids in each brackish 
aquifer). 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $3,000,000 
for the period of fiscal years 2009 through 2011, to remain 
available until expended. 
(d) IMPROVED WATER ESTIMATION, MEASUREMENT, AND MONI-
TORING TECHNOLOGIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
grants on a nonreimbursable basis to appropriate entities with 
expertise in water resource data acquisition and reporting, 
including Federal agencies, the Water Resources Research 
Institutes and other academic institutions, and private entities, 
to— 
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123 STAT. 1343 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure water 
resources data in a cost-efficient manner; and 
(B) improve methodologies relating to the analysis and 
delivery of data. 
(2) PRIORITY.—In providing grants to appropriate entities 
under paragraph (1), the Secretary shall give priority to appro-
priate entities that propose the development of new methods 
and technologies for— 
(A) predicting and measuring streamflows; 
(B) estimating changes in the storage of groundwater; 
(C) improving data standards and methods of analysis 
(including the validation of data entered into geographic 
information system databases); 
(D) 
measuring 
precipitation 
and 
potential 
evapotranspiration; and 
(E) water withdrawals, return flows, and consumptive 
use. 
(3) PARTNERSHIPS.—In recognition of the value of collabora-
tion to foster innovation and enhance research and development 
efforts, the Secretary shall encourage partnerships, including 
public-private partnerships, between and among Federal agen-
cies, academic institutions, and private entities to promote the 
objectives described in paragraph (1). 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $5,000,000 
for each of fiscal years 2009 through 2019. 
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary, in coordination with the 
Advisory Committee and State and local water resource agencies, 
shall establish a national assessment program to be known as 
the ‘‘national water availability and use assessment program’’— 
(1) to provide a more accurate assessment of the status 
of the water resources of the United States; 
(2) to assist in the determination of the quantity of water 
that is available for beneficial uses; 
(3) to assist in the determination of the quality of the 
water resources of the United States; 
(4) to identify long-term trends in water availability; 
(5) to use each long-term trend described in paragraph 
(4) to provide a more accurate assessment of the change in 
the availability of water in the United States; and 
(6) to develop the basis for an improved ability to forecast 
the availability of water for future economic, energy production, 
and environmental uses. 
(b) PROGRAM ELEMENTS.— 
(1) WATER USE.—In carrying out the assessment program, 
the Secretary shall conduct any appropriate activity to carry 
out an ongoing assessment of water use in hydrologic 
accounting units and major aquifer systems located in the 
United States, including— 
(A) the maintenance of a comprehensive national water 
use inventory to enhance the level of understanding with 
respect to the effects of spatial and temporal patterns of 
42 USC 10368. 
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123 STAT. 1344 
PUBLIC LAW 111–11—MAR. 30, 2009 
water use on the availability and sustainable use of water 
resources; 
(B) the incorporation of water use science principles, 
with an emphasis on applied research and statistical esti-
mation techniques in the assessment of water use; 
(C) the integration of any dataset maintained by any 
other Federal or State agency into the dataset maintained 
by the Secretary; and 
(D) a focus on the scientific integration of any data 
relating to water use, water flow, or water quality to gen-
erate relevant information relating to the impact of human 
activity on water and ecological resources. 
(2) WATER AVAILABILITY.—In carrying out the assessment 
program, the Secretary shall conduct an ongoing assessment 
of water availability by— 
(A) developing and evaluating nationally consistent 
indicators that reflect each status and trend relating to 
the availability of water resources in the United States, 
including— 
(i) surface water indicators, such as streamflow 
and surface water storage measures (including lakes, 
reservoirs, perennial snowfields, and glaciers); 
(ii) groundwater indicators, including groundwater 
level measurements and changes in groundwater levels 
due to— 
(I) natural recharge; 
(II) withdrawals; 
(III) saltwater intrusion; 
(IV) mine dewatering; 
(V) land drainage; 
(VI) artificial recharge; and 
(VII) other relevant factors, as determined by 
the Secretary; and 
(iii) impaired surface water and groundwater sup-
plies that are known, accessible, and used to meet 
ongoing water demands; 
(B) maintaining a national database of water avail-
ability data that— 
(i) is comprised of maps, reports, and other forms 
of interpreted data; 
(ii) provides electronic access to the archived data 
of the national database; and 
(iii) provides for real-time data collection; and 
(C) developing and applying predictive modeling tools 
that integrate groundwater, surface water, and ecological 
systems. 
(c) GRANT PROGRAM.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
grants to State water resource agencies to assist State water 
resource agencies in— 
(A) developing water use and availability datasets that 
are integrated with each appropriate dataset developed 
or maintained by the Secretary; or 
(B) integrating any water use or water availability 
dataset of the State water resource agency into each appro-
priate dataset developed or maintained by the Secretary. 
Assessment. 
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123 STAT. 1345 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) CRITERIA.—To be eligible to receive a grant under para-
graph (1), a State water resource agency shall demonstrate 
to the Secretary that the water use and availability dataset 
proposed to be established or integrated by the State water 
resource agency— 
(A) is in compliance with each quality and conformity 
standard established by the Secretary to ensure that the 
data will be capable of integration with any national 
dataset; and 
(B) will enhance the ability of the officials of the State 
or the State water resource agency to carry out each water 
management and regulatory responsibility of the officials 
of the State in accordance with each applicable law of 
the State. 
(3) MAXIMUM AMOUNT.—The amount of a grant provided 
to a State water resource agency under paragraph (1) shall 
be an amount not more than $250,000. 
(d) REPORT.—Not later than December 31, 2012, and every 
5 years thereafter, the Secretary shall submit to the appropriate 
committees of Congress a report that provides a detailed assessment 
of— 
(1) the current availability of water resources in the United 
States, including— 
(A) historic trends and annual updates of river basin 
inflows and outflows; 
(B) surface water storage; 
(C) groundwater reserves; and 
(D) estimates of undeveloped potential resources 
(including saline and brackish water and wastewater); 
(2) significant trends affecting water availability, including 
each documented or projected impact to the availability of water 
as a result of global climate change; 
(3) the withdrawal and use of surface water and ground-
water by various sectors, including— 
(A) the agricultural sector; 
(B) municipalities; 
(C) the industrial sector; 
(D) thermoelectric power generators; and 
(E) hydroelectric power generators; 
(4) significant trends relating to each water use sector, 
including significant changes in water use due to the develop-
ment of new energy supplies; 
(5) significant water use conflicts or shortages that have 
occurred or are occurring; and 
(6) each factor that has caused, or is causing, a conflict 
or shortage described in paragraph (5). 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out subsections (a), (b), and (d) $20,000,000 for each 
of fiscal years 2009 through 2023, to remain available until 
expended. 
(2) GRANT
PROGRAM.—There is authorized to be appro-
priated to carry out subsection (c) $12,500,000 for the period 
of fiscal years 2009 through 2013, to remain available until 
expended. 
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123 STAT. 1346 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 
The Secretary may enter into contracts, grants, or cooperative 
agreements, for periods not to exceed 5 years, to carry out research 
within the Bureau of Reclamation. 
SEC. 9510. EFFECT. 
(a) IN GENERAL.—Nothing in this subtitle supersedes or limits 
any existing authority provided, or responsibility conferred, by any 
provision of law. 
(b) EFFECT ON STATE WATER LAW.— 
(1) IN
GENERAL.—Nothing in this subtitle preempts or 
affects any— 
(A) State water law; or 
(B) interstate compact governing water. 
(2) COMPLIANCE
REQUIRED.—The Secretary shall comply 
with applicable State water laws in carrying out this subtitle. 
Subtitle G—Aging Infrastructure 
SEC. 9601 DEFINITIONS. 
In this subtitle: 
(1) INSPECTION.—The term ‘‘inspection’’ means an inspec-
tion of a project facility carried out by the Secretary— 
(A) to assess and determine the general condition of 
the project facility; and 
(B) to estimate the value of property, and the size 
of the population, that would be at risk if the project 
facility fails, is breached, or otherwise allows flooding to 
occur. 
(2) PROJECT FACILITY.—The term ‘‘project facility’’ means 
any part or incidental feature of a project, excluding high- 
and significant-hazard dams, constructed under the Federal 
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 
1093), and Acts supplemental to and amendatory of that Act 
(43 U.S.C. 371 et seq.). 
(3) RESERVED WORKS.—The term ‘‘reserved works’’ mean 
any project facility at which the Secretary carries out the 
operation and maintenance of the project facility. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(5) TRANSFERRED WORKS.—The term ‘‘transferred works’’ 
means a project facility, the operation and maintenance of 
which is carried out by a non-Federal entity, under the provi-
sions of a formal operation and maintenance transfer contract. 
(6) TRANSFERRED
WORKS
OPERATING
ENTITY.—The term 
‘‘transferred works operating entity’’ means the organization 
which is contractually responsible for operation and mainte-
nance of transferred works. 
(7) EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— 
The term ‘‘extraordinary operation and maintenance work’’ 
means major, nonrecurring maintenance to Reclamation-owned 
or operated facilities, or facility components, that is— 
(A) intended to ensure the continued safe, dependable, 
and reliable delivery of authorized project benefits; and 
43 USC 510. 
42 USC 10370. 
42 USC 10369. 
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123 STAT. 1347 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) greater than 10 percent of the contractor’s or the 
transferred works operating entity’s annual operation and 
maintenance budget for the facility, or greater than 
$100,000. 
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES AND 
TECHNICAL 
ASSISTANCE 
TO 
TRANSFERRED 
WORKS 
OPERATING ENTITIES. 
(a) GUIDELINES AND INSPECTIONS.— 
(1) DEVELOPMENT OF GUIDELINES.—Not later than 1 year 
after the date of enactment of this Act, the Secretary in con-
sultation with transferred works operating entities shall 
develop, consistent with existing transfer contracts, specific 
inspection guidelines for project facilities which are in proximity 
to urbanized areas and which could pose a risk to public safety 
or property damage if such project facilities were to fail. 
(2) CONDUCT OF INSPECTIONS.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall conduct 
inspections of those project facilities, which are in proximity 
to urbanized areas and which could pose a risk to public safety 
or property damage if such facilities were to fail, using such 
specific inspection guidelines and criteria developed pursuant 
to paragraph (1). In selecting project facilities to inspect, the 
Secretary shall take into account the potential magnitude of 
public safety and economic damage posed by each project 
facility. 
(3) TREATMENT OF COSTS.—The costs incurred by the Sec-
retary in conducting these inspections shall be nonreimburs-
able. 
(b) USE OF INSPECTION DATA.—The Secretary shall use the 
data collected through the conduct of the inspections under sub-
section (a)(2) to— 
(1) provide recommendations to the transferred works oper-
ating entities for improvement of operation and maintenance 
processes, operating procedures including operation guidelines 
consistent with existing transfer contracts, and structural modi-
fications to those transferred works; 
(2) determine an appropriate inspection frequency for such 
nondam project facilities which shall not exceed 6 years; and 
(3) provide, upon request of transferred work operating 
entities, local governments, or State agencies, information 
regarding potential hazards posed by existing or proposed resi-
dential, commercial, industrial or public-use development adja-
cent to project facilities. 
(c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING 
ENTITIES.— 
(1) AUTHORITY
OF
SECRETARY
TO
PROVIDE
TECHNICAL 
ASSISTANCE.—The Secretary is authorized, at the request of 
a transferred works operating entity in proximity to an urban-
ized area, to provide technical assistance to accomplish the 
following, if consistent with existing transfer contracts: 
(A) Development of documented operating procedures 
for a project facility. 
(B) Development of documented emergency notification 
and response procedures for a project facility. 
(C) Development of facility inspection criteria for a 
project facility. 
Determination. 
Recommenda- 
tions. 
Deadlines. 
43 USC 510a. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(D) Development of a training program on operation 
and maintenance requirements and practices for a project 
facility for a transferred works operating entity’s workforce. 
(E) Development of a public outreach plan on the oper-
ation and risks associated with a project facility. 
(F) Development of any other plans or documentation 
which, in the judgment of the Secretary, will contribute 
to public safety and the sage operation of a project facility. 
(2) COSTS.—The Secretary is authorized to provide, on a 
non-reimbursable basis, up to 50 percent of the cost of such 
technical assistance, with the balance of such costs being 
advanced by the transferred works operating entity or other 
non-Federal source. The non-Federal 50 percent minimum cost 
share for such technical assistance may be in the form of 
in-lieu contributions of resources by the transferred works oper-
ating entity or other non-Federal source. 
SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK 
PERFORMED BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary or the transferred works oper-
ating entity may carry out, in accordance with subsection (b) and 
consistent with existing transfer contracts, any extraordinary oper-
ation and maintenance work on a project facility that the Secretary 
determines to be reasonably required to preserve the structural 
safety of the project facility. 
(b) REIMBURSEMENT OF COSTS ARISING FROM EXTRAORDINARY 
OPERATION AND MAINTENANCE WORK.— 
(1) TREATMENT
OF
COSTS.—For reserved works, costs 
incurred by the Secretary in conducting extraordinary operation 
and maintenance work will be allocated to the authorized 
reimbursable purposes of the project and shall be repaid within 
50 years, with interest, from the year in which work undertaken 
pursuant to this subtitle is substantially complete. 
(2) AUTHORITY OF SECRETARY.—For transferred works, the 
Secretary is authorized to advance the costs incurred by the 
transferred works operating entity in conducting extraordinary 
operation and maintenance work and negotiate appropriate 
50-year repayment contracts with project beneficiaries pro-
viding for the return of reimbursable costs, with interest, under 
this subsection: Provided, however, That no contract entered 
into pursuant to this subtitle shall be deemed to be a new 
or amended contract for the purposes of section 203(a) of the 
Reclamation Reform Act of 1982 (43 U.S.C. 390cc(a)). 
(3) DETERMINATION OF INTEREST RATE.—The interest rate 
used for computing interest on work in progress and interest 
on the unpaid balance of the reimbursable costs of extraor-
dinary operation and maintenance work authorized by this 
subtitle shall be determined by the Secretary of the Treasury, 
as of the beginning of the fiscal year in which extraordinary 
operation and maintenance work is commenced, on the basis 
of average market yields on outstanding marketable obligations 
of the United States with the remaining periods of maturity 
comparable to the applicable reimbursement period of the 
project, adjusted to the nearest 1⁄8
of 1 percent on the 
unamortized balance of any portion of the loan. 
(c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE 
WORK.— 
Contracts. 
43 USC 510b. 
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123 STAT. 1349 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) IN GENERAL.—The Secretary or the transferred works 
operating entity shall carry out any emergency extraordinary 
operation and maintenance work on a project facility that the 
Secretary determines to be necessary to minimize the risk 
of imminent harm to public health or safety, or property. 
(2) REIMBURSEMENT.—The Secretary may advance funds 
for emergency extraordinary operation and maintenance work 
and shall seek reimbursement from the transferred works oper-
ating entity or benefitting entity upon receiving a written assur-
ance from the governing body of such entity that it will nego-
tiate a contract pursuant to section 9603 for repayment of 
costs incurred by the Secretary in undertaking such work. 
(3) FUNDING.—If the Secretary determines that a project 
facility inspected and maintained pursuant to the guidelines 
and criteria set forth in section 9602(a) requires extraordinary 
operation and maintenance pursuant to paragraph (1), the Sec-
retary may provide Federal funds on a nonreimbursable basis 
sufficient to cover 35 percent of the cost of the extraordinary 
operation and maintenance allocable to the transferred works 
operating entity, which is needed to minimize the risk of 
imminent harm. The remaining share of the Federal funds 
advanced by the Secretary for such work shall be repaid under 
subsection (b). 
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS 
ACT. 
Nothing in this subtitle shall preclude a transferred works 
operating entity from applying and receiving a loan-guarantee 
pursuant to the Twenty-First Century Water Works Act (43 U.S.C. 
2401 et seq.). 
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
TITLE X—WATER SETTLEMENTS 
Subtitle A—San Joaquin River Restoration 
Settlement 
PART I—SAN JOAQUIN RIVER RESTORATION 
SETTLEMENT ACT 
SEC. 10001. SHORT TITLE. 
This part may be cited as the ‘‘San Joaquin River Restoration 
Settlement Act’’. 
SEC. 10002. PURPOSE. 
The purpose of this part is to authorize implementation of 
the Settlement. 
SEC. 10003. DEFINITIONS. 
In this part: 
(1) The terms ‘‘Friant Division long-term contractors’’, 
‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water 
San Joaquin 
River Restoration 
Settlement Act. 
California. 
43 USC 510d. 
43 USC 510c. 
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123 STAT. 1350 
PUBLIC LAW 111–11—MAR. 30, 2009 
Account’’, ‘‘Restoration Goal’’, and ‘‘Water Management Goal’’ 
have the meanings given the terms in the Settlement. 
(2) The term ‘‘Secretary’’ means the Secretary of the 
Interior. 
(3) The term ‘‘Settlement’’ means the Stipulation of Settle-
ment dated September 13, 2006, in the litigation entitled Nat-
ural Resources Defense Council, et al. v. Kirk Rodgers, et 
al., United States District Court, Eastern District of California, 
No. CIV. S–88–1658–LKK/GGH. 
SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 
(a) IN GENERAL.—The Secretary of the Interior is hereby 
authorized and directed to implement the terms and conditions 
of the Settlement in cooperation with the State of California, 
including the following measures as these measures are prescribed 
in the Settlement: 
(1) Design and construct channel and structural improve-
ments as described in paragraph 11 of the Settlement, provided, 
however, that the Secretary shall not make or fund any such 
improvements to facilities or property of the State of California 
without the approval of the State of California and the State’s 
agreement in 1 or more memoranda of understanding to partici-
pate where appropriate. 
(2) Modify Friant Dam operations so as to provide Restora-
tion Flows and Interim Flows. 
(3) Acquire water, water rights, or options to acquire water 
as described in paragraph 13 of the Settlement, provided, how-
ever, such acquisitions shall only be made from willing sellers 
and not through eminent domain. 
(4) Implement the terms and conditions of paragraph 16 
of the Settlement related to recirculation, recapture, reuse, 
exchange, or transfer of water released for Restoration Flows 
or Interim Flows, for the purpose of accomplishing the Water 
Management Goal of the Settlement, subject to— 
(A) applicable provisions of California water law; 
(B) the Secretary’s use of Central Valley Project facili-
ties to make Project water (other than water released from 
Friant Dam pursuant to the Settlement) and water 
acquired through transfers available to existing south-of- 
Delta Central Valley Project contractors; and 
(C) the Secretary’s performance of the Agreement of 
November 24, 1986, between the United States of America 
and the Department of Water Resources of the State of 
California for the coordinated operation of the Central 
Valley Project and the State Water Project as authorized 
by Congress in section 2(d) of the Act of August 26, 1937 
(50 Stat. 850, 100 Stat. 3051), including any agreement 
to resolve conflicts arising from said Agreement. 
(5) Develop and implement the Recovered Water Account 
as specified in paragraph 16(b) of the Settlement, including 
the pricing and payment crediting provisions described in para-
graph 16(b)(3) of the Settlement, provided that all other provi-
sions of Federal reclamation law shall remain applicable. 
(b) AGREEMENTS.— 
(1) AGREEMENTS WITH THE STATE.—In order to facilitate 
or expedite implementation of the Settlement, the Secretary 
Memorandum. 
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123 STAT. 1351 
PUBLIC LAW 111–11—MAR. 30, 2009 
is authorized and directed to enter into appropriate agreements, 
including cost-sharing agreements, with the State of California. 
(2) OTHER AGREEMENTS.—The Secretary is authorized to 
enter into contracts, memoranda of understanding, financial 
assistance agreements, cost sharing agreements, and other 
appropriate agreements with State, tribal, and local govern-
mental agencies, and with private parties, including agreements 
related to construction, improvement, and operation and 
maintenance of facilities, subject to any terms and conditions 
that the Secretary deems necessary to achieve the purposes 
of the Settlement. 
(c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL FUNDS.— 
The Secretary is authorized to accept and expend non-Federal funds 
in order to facilitate implementation of the Settlement. 
(d) MITIGATION OF IMPACTS.—Prior to the implementation of 
decisions or agreements to construct, improve, operate, or maintain 
facilities that the Secretary determines are needed to implement 
the Settlement, the Secretary shall identify— 
(1) the impacts associated with such actions; and 
(2) the measures which shall be implemented to mitigate 
impacts on adjacent and downstream water users and land-
owners. 
(e) DESIGN
AND
ENGINEERING
STUDIES.—The Secretary is 
authorized to conduct any design or engineering studies that are 
necessary to implement the Settlement. 
(f) EFFECT
ON CONTRACT WATER ALLOCATIONS.—Except as 
otherwise provided in this section, the implementation of the Settle-
ment and the reintroduction of California Central Valley Spring 
Run Chinook salmon pursuant to the Settlement and section 10011, 
shall not result in the involuntary reduction in contract water 
allocations to Central Valley Project long-term contractors, other 
than Friant Division long-term contractors. 
(g) EFFECT ON EXISTING WATER CONTRACTS.—Except as pro-
vided in the Settlement and this part, nothing in this part shall 
modify or amend the rights and obligations of the parties to any 
existing water service, repayment, purchase, or exchange contract. 
(h) INTERIM FLOWS.— 
(1) STUDY REQUIRED.—Prior to releasing any Interim Flows 
under the Settlement, the Secretary shall prepare an analysis 
in compliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), including at a minimum— 
(A) an analysis of channel conveyance capacities and 
potential for levee or groundwater seepage; 
(B) a description of the associated seepage monitoring 
program; 
(C) an evaluation of— 
(i) possible impacts associated with the release 
of Interim Flows; and 
(ii) mitigation measures for those impacts that 
are determined to be significant; 
(D) a description of the associated flow monitoring 
program; and 
(E) an analysis of the likely Federal costs, if any, 
of any fish screens, fish bypass facilities, fish salvage facili-
ties, and related operations on the San Joaquin River south 
of the confluence with the Merced River required under 
Analysis. 
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123 STAT. 1352 
PUBLIC LAW 111–11—MAR. 30, 2009 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) as a result of the Interim Flows. 
(2) CONDITIONS FOR RELEASE.—The Secretary is authorized 
to release Interim Flows to the extent that such flows would 
not— 
(A) impede or delay completion of the measures speci-
fied in Paragraph 11(a) of the Settlement; or 
(B) exceed existing downstream channel capacities. 
(3) SEEPAGE IMPACTS.—The Secretary shall reduce Interim 
Flows to the extent necessary to address any material adverse 
impacts to third parties from groundwater seepage caused by 
such flows that the Secretary identifies based on the monitoring 
program of the Secretary. 
(4) TEMPORARY
FISH
BARRIER
PROGRAM.—The Secretary, 
in consultation with the California Department of Fish and 
Game, shall evaluate the effectiveness of the Hills Ferry barrier 
in preventing the unintended upstream migration of anad-
romous fish in the San Joaquin River and any false migratory 
pathways. If that evaluation determines that any such migra-
tion past the barrier is caused by the introduction of the Interim 
Flows and that the presence of such fish will result in the 
imposition of additional regulatory actions against third parties, 
the Secretary is authorized to assist the Department of Fish 
and Game in making improvements to the barrier. From 
funding made available in accordance with section 10009, if 
third parties along the San Joaquin River south of its confluence 
with the Merced River are required to install fish screens 
or fish bypass facilities due to the release of Interim Flows 
in order to comply with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), the Secretary shall bear the costs 
of the installation of such screens or facilities if such costs 
would be borne by the Federal Government under section 
10009(a)(3), except to the extent that such costs are already 
or are further willingly borne by the State of California or 
by the third parties. 
(i) FUNDING AVAILABILITY.— 
(1) IN GENERAL.—Funds shall be collected in the San Joa-
quin River Restoration Fund through October 1, 2019, and 
thereafter, with substantial amounts available through October 
1, 2019, pursuant to section 10009 for implementation of the 
Settlement and parts I and III, including— 
(A) $88,000,000, to be available without further appro-
priation pursuant to section 10009(c)(2); 
(B) additional amounts authorized to be appropriated, 
including the charges required under section 10007 and 
an estimated $20,000,000 from the CVP Restoration Fund 
pursuant to section 10009(b)(2); and 
(C) an aggregate commitment of at least $200,000,000 
by the State of California. 
(2) ADDITIONAL AMOUNTS.—Substantial additional amounts 
from the San Joaquin River Restoration Fund shall become 
available without further appropriation after October 1, 2019, 
pursuant to section 10009(c)(2). 
(3) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
limits the availability of funds authorized for appropriation 
pursuant to section 10009(b) or 10203(c). 
Deadline. 
Evaluation. 
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123 STAT. 1353 
PUBLIC LAW 111–11—MAR. 30, 2009 
(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Subject to sec-
tion 10006(b), nothing in this part shall modify or amend the 
rights and obligations under the Purchase Contract between Miller 
and Lux and the United States and the Second Amended Exchange 
Contract between the United States, Department of the Interior, 
Bureau of Reclamation and Central California Irrigation District, 
San Luis Canal Company, Firebaugh Canal Water District and 
Columbia Canal Company. 
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO 
FACILITIES. 
(a) TITLE TO FACILITIES.—Unless acquired pursuant to sub-
section (b), title to any facility or facilities, stream channel, levees, 
or other real property modified or improved in the course of imple-
menting the Settlement authorized by this part, and title to any 
modifications or improvements of such facility or facilities, stream 
channel, levees, or other real property— 
(1) shall remain in the owner of the property; and 
(2) shall not be transferred to the United States on account 
of such modifications or improvements. 
(b) ACQUISITION OF PROPERTY.— 
(1) IN GENERAL.—The Secretary is authorized to acquire 
through purchase from willing sellers any property, interests 
in property, or options to acquire real property needed to imple-
ment the Settlement authorized by this part. 
(2) APPLICABLE LAW.—The Secretary is authorized, but not 
required, to exercise all of the authorities provided in section 
2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), 
to carry out the measures authorized in this section and section 
10004. 
(c) DISPOSAL OF PROPERTY.— 
(1) IN GENERAL.—Upon the Secretary’s determination that 
retention of title to property or interests in property acquired 
pursuant to this part is no longer needed to be held by the 
United States for the furtherance of the Settlement, the Sec-
retary is authorized to dispose of such property or interest 
in property on such terms and conditions as the Secretary 
deems appropriate and in the best interest of the United States, 
including possible transfer of such property to the State of 
California. 
(2) RIGHT OF FIRST REFUSAL.—In the event the Secretary 
determines that property acquired pursuant to this part 
through the exercise of its eminent domain authority is no 
longer necessary for implementation of the Settlement, the 
Secretary shall provide a right of first refusal to the property 
owner from whom the property was initially acquired, or his 
or her successor in interest, on the same terms and conditions 
as the property is being offered to other parties. 
(3) DISPOSITION OF PROCEEDS.—Proceeds from the disposal 
by sale or transfer of any such property or interests in such 
property shall be deposited in the fund established by section 
10009(c). 
(d) GROUNDWATER BANK.—Nothing in this part authorizes the 
Secretary to operate a groundwater bank along or adjacent to 
the San Joaquin River upstream of the confluence with the Merced 
River, and any such groundwater bank shall be operated by a 
non-Federal entity. 
Determination. 
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123 STAT. 1354 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 
(a) APPLICABLE LAW.— 
(1) IN GENERAL.—In undertaking the measures authorized 
by this part, the Secretary and the Secretary of Commerce 
shall comply with all applicable Federal and State laws, rules, 
and regulations, including the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), as necessary. 
(2) ENVIRONMENTAL REVIEWS.—The Secretary and the Sec-
retary of Commerce are authorized and directed to initiate 
and expeditiously complete applicable environmental reviews 
and consultations as may be necessary to effectuate the pur-
poses of the Settlement. 
(b) EFFECT ON STATE LAW.—Nothing in this part shall preempt 
State law or modify any existing obligation of the United States 
under Federal reclamation law to operate the Central Valley Project 
in conformity with State law. 
(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 
(1) DEFINITION OF ENVIRONMENTAL REVIEW.—For purposes 
of this subsection, the term ‘‘environmental review’’ includes 
any consultation and planning necessary to comply with sub-
section (a). 
(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.— 
In undertaking the measures authorized by section 10004, and 
for which environmental review is required, the Secretary may 
provide funds made available under this part to affected Federal 
agencies, State agencies, local agencies, and Indian tribes if 
the Secretary determines that such funds are necessary to 
allow the Federal agencies, State agencies, local agencies, or 
Indian tribes to effectively participate in the environmental 
review process. 
(3) LIMITATION.—Funds may be provided under paragraph 
(2) only to support activities that directly contribute to the 
implementation of the terms and conditions of the Settlement. 
(d) NONREIMBURSABLE FUNDS.—The United States’ share of 
the costs of implementing this part shall be nonreimbursable under 
Federal reclamation law, provided that nothing in this subsection 
shall limit or be construed to limit the use of the funds assessed 
and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the 
Reclamation Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721, 4727), for implementation 
of the Settlement, nor shall it be construed to limit or modify 
existing or future Central Valley Project ratesetting policies. 
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVE-
MENT ACT. 
Congress hereby finds and declares that the Settlement satisfies 
and discharges all of the obligations of the Secretary contained 
in section 3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), 
provided, however, that— 
(1) the Secretary shall continue to assess and collect the 
charges provided in section 3406(c)(1) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public 
Law 102–575; 106 Stat. 4721), as provided in the Settlement; 
and 
Assessment. 
Collections. 
Determination. 
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123 STAT. 1355 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) those assessments and collections shall continue to be 
counted toward the requirements of the Secretary contained 
in section 3407(c)(2) of the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 
4726). 
SEC. 10008. NO PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Nothing in this part confers upon any person 
or entity not a party to the Settlement a private right of action 
or claim for relief to interpret or enforce the provisions of this 
part or the Settlement. 
(b) APPLICABLE LAW.—This section shall not alter or curtail 
any right of action or claim for relief under any other applicable 
law. 
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND. 
(a) IMPLEMENTATION COSTS.— 
(1) IN GENERAL.—The costs of implementing the Settlement 
shall be covered by payments or in-kind contributions made 
by Friant Division contractors and other non-Federal parties, 
including the funds provided in subparagraphs (A) through 
(D) of subsection (c)(1), estimated to total $440,000,000, of 
which the non-Federal payments are estimated to total 
$200,000,000 (at October 2006 price levels) and the amount 
from repaid Central Valley Project capital obligations is esti-
mated to total $240,000,000, the additional Federal appropria-
tion of $250,000,000 authorized pursuant to subsection (b)(1), 
and such additional funds authorized pursuant to subsection 
(b)(2); provided however, that the costs of implementing the 
provisions of section 10004(a)(1) shall be shared by the State 
of California pursuant to the terms of a memorandum of under-
standing executed by the State of California and the Parties 
to the Settlement on September 13, 2006, which includes at 
least $110,000,000 of State funds. 
(2) ADDITIONAL AGREEMENTS.— 
(A) IN GENERAL.—The Secretary shall enter into 1 or 
more agreements to fund or implement improvements on 
a project-by-project basis with the State of California. 
(B) REQUIREMENTS.—Any agreements entered into 
under subparagraph (A) shall provide for recognition of 
either monetary or in-kind contributions toward the State 
of California’s share of the cost of implementing the provi-
sions of section 10004(a)(1). 
(3) LIMITATION.—Except as provided in the Settlement, to 
the extent that costs incurred solely to implement this Settle-
ment would not otherwise have been incurred by any entity 
or public or local agency or subdivision of the State of Cali-
fornia, such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to the funding provided in 
subsection (c), there are also authorized to be appropriated 
not to exceed $250,000,000 (at October 2006 price levels) to 
implement this part and the Settlement, to be available until 
expended; provided however, that the Secretary is authorized 
to spend such additional appropriations only in amounts equal 
to the amount of funds deposited in the San Joaquin River 
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123 STAT. 1356 
PUBLIC LAW 111–11—MAR. 30, 2009 
Restoration Fund (not including payments under subsection 
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount 
of in-kind contributions, and other non-Federal payments actu-
ally committed to the implementation of this part or the Settle-
ment. 
(2) USE OF THE CENTRAL VALLEY PROJECT RESTORATION 
FUND.—The Secretary is authorized to use monies from the 
Central Valley Project Restoration Fund created under section 
3407 of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes 
of this part in an amount not to exceed $2,000,000 (October 
2006 price levels) in any fiscal year. 
(c) FUND.— 
(1) IN GENERAL.—There is hereby established within the 
Treasury of the United States a fund, to be known as the 
San Joaquin River Restoration Fund, into which the following 
funds shall be deposited and used solely for the purpose of 
implementing the Settlement except as otherwise provided in 
subsections (a) and (b) of section 10203: 
(A) All payments received pursuant to section 
3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 
4721). 
(B) The construction cost component (not otherwise 
needed to cover operation and maintenance costs) of pay-
ments made by Friant Division, Hidden Unit, and 
Buchanan Unit long-term contractors pursuant to long- 
term water service contracts or pursuant to repayment 
contracts, including repayment contracts executed pursuant 
to section 10010. The construction cost repayment obliga-
tion assigned such contractors under such contracts shall 
be reduced by the amount paid pursuant to this paragraph 
and the appropriate share of the existing Federal invest-
ment in the Central Valley Project to be recovered by 
the Secretary pursuant to Public Law 99–546 (100 Stat. 
3050) shall be reduced by an equivalent sum. 
(C) Proceeds from the sale of water pursuant to the 
Settlement, or from the sale of property or interests in 
property as provided in section 10005. 
(D) Any non-Federal funds, including State cost- 
sharing funds, contributed to the United States for 
implementation of the Settlement, which the Secretary may 
expend without further appropriation for the purposes for 
which contributed. 
(2) AVAILABILITY.—All funds deposited into the Fund pursu-
ant to subparagraphs (A), (B), and (C) of paragraph (1) are 
authorized for appropriation to implement the Settlement and 
this part, in addition to the authorization provided in sub-
sections (a) and (b) of section 10203, except that $88,000,000 
of such funds are available for expenditure without further 
appropriation; provided that after October 1, 2019, all funds 
in the Fund shall be available for expenditure without further 
appropriation. 
(d) LIMITATION ON CONTRIBUTIONS.—Payments made by long- 
term contractors who receive water from the Friant Division and 
Hidden and Buchanan Units of the Central Valley Project pursuant 
to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects 
Effective date. 
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123 STAT. 1357 
PUBLIC LAW 111–11—MAR. 30, 2009 
Authorization and Adjustment Act of 1992 (Public Law 102–575; 
106 Stat. 4721, 4727) and payments made pursuant to paragraph 
16(b)(3) of the Settlement and subsection (c)(1)(B) shall be the 
limitation of such entities’ direct financial contribution to the Settle-
ment, subject to the terms and conditions of paragraph 21 of the 
Settlement. 
(e) NO ADDITIONAL EXPENDITURES REQUIRED.—Nothing in this 
part shall be construed to require a Federal official to expend 
Federal funds not appropriated by Congress, or to seek the appro-
priation of additional funds by Congress, for the implementation 
of the Settlement. 
(f) REACH 4B.— 
(1) STUDY.— 
(A) IN GENERAL.—In accordance with the Settlement 
and the memorandum of understanding executed pursuant 
to paragraph 6 of the Settlement, the Secretary shall con-
duct a study that specifies— 
(i) the costs of undertaking any work required 
under paragraph 11(a)(3) of the Settlement to increase 
the capacity of reach 4B prior to reinitiation of Restora-
tion Flows; 
(ii) the impacts associated with reinitiation of such 
flows; and 
(iii) measures that shall be implemented to miti-
gate impacts. 
(B) DEADLINE.—The study under subparagraph (A) 
shall be completed prior to restoration of any flows other 
than Interim Flows. 
(2) REPORT.— 
(A) IN
GENERAL.—The Secretary shall file a report 
with Congress not later than 90 days after issuing a deter-
mination, as required by the Settlement, on whether to 
expand channel conveyance capacity to 4500 cubic feet 
per second in reach 4B of the San Joaquin River, or use 
an alternative route for pulse flows, that— 
(i) explains whether the Secretary has decided to 
expand Reach 4B capacity to 4500 cubic feet per 
second; and 
(ii) addresses the following matters: 
(I) The basis for the Secretary’s determination, 
whether set out in environmental review docu-
ments or otherwise, as to whether the expansion 
of Reach 4B would be the preferable means to 
achieve the Restoration Goal as provided in the 
Settlement, including how different factors were 
assessed such as comparative biological and 
habitat benefits, comparative costs, relative avail-
ability of State cost-sharing funds, and the 
comparative benefits and impacts on water 
temperature, water supply, private property, and 
local and downstream flood control. 
(II) The Secretary’s final cost estimate for 
expanding Reach 4B capacity to 4500 cubic feet 
per second, or any alternative route selected, as 
well as the alternative cost estimates provided by 
the State, by the Restoration Administrator, and 
by the other parties to the Settlement. 
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123 STAT. 1358 
PUBLIC LAW 111–11—MAR. 30, 2009 
(III) The Secretary’s plan for funding the costs 
of expanding Reach 4B or any alternative route 
selected, whether by existing Federal funds pro-
vided under this subtitle, by non-Federal funds, 
by future Federal appropriations, or some combina-
tion of such sources. 
(B) DETERMINATION REQUIRED.—The Secretary shall, 
to the extent feasible, make the determination in subpara-
graph (A) prior to undertaking any substantial construction 
work to increase capacity in reach 4B. 
(3) COSTS.—If the Secretary’s estimated Federal cost for 
expanding reach 4B in paragraph (2), in light of the Secretary’s 
funding plan set out in that paragraph, would exceed the 
remaining Federal funding authorized by this part (including 
all funds reallocated, all funds dedicated, and all new funds 
authorized by this part and separate from all commitments 
of State and other non-Federal funds and in-kind commit-
ments), then before the Secretary commences actual construc-
tion work in reach 4B (other than planning, design, feasibility, 
or other preliminary measures) to expand capacity to 4500 
cubic feet per second to implement this Settlement, Congress 
must have increased the applicable authorization ceiling pro-
vided by this part in an amount at least sufficient to cover 
the higher estimated Federal costs. 
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAY-
MENT OF CONSTRUCTION COSTS. 
(a) CONVERSION OF CONTRACTS.— 
(1) The Secretary is authorized and directed to convert, 
prior to December 31, 2010, all existing long-term contracts 
with the following Friant Division, Hidden Unit, and Buchanan 
Unit contractors, entered under subsection (e) of section 9 of 
the Act of August 4, 1939 (53 Stat. 1196), to contracts under 
subsection (d) of section 9 of said Act (53 Stat. 1195), under 
mutually agreeable terms and conditions: Arvin-Edison Water 
Storage District; Delano-Earlimart Irrigation District; Exeter 
Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation 
District; Lindmore Irrigation District; Lindsay-Strathmore 
Irrigation District; Lower Tule River Irrigation District; Orange 
Cove Irrigation District; Porterville Irrigation District; Saucelito 
Irrigation District; Shafter-Wasco Irrigation District; Southern 
San Joaquin Municipal Utility District; Stone Corral Irrigation 
District; Tea Pot Dome Water District; Terra Bella Irrigation 
District; Tulare Irrigation District; Madera Irrigation District; 
and Chowchilla Water District. Upon request of the contractor, 
the Secretary is authorized to convert, prior to December 31, 
2010, other existing long-term contracts with Friant Division 
contractors entered under subsection (e) of section 9 of the 
Act of August 4, 1939 (53 Stat. 1196), to contracts under sub-
section (d) of section 9 of said Act (53 Stat. 1195), under 
mutually agreeable terms and conditions. 
(2) Upon request of the contractor, the Secretary is further 
authorized to convert, prior to December 31, 2010, any existing 
Friant Division long-term contract entered under subsection 
(c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), 
to a contract under subsection (c)(1) of section 9 of said Act, 
under mutually agreeable terms and conditions. 
Deadlines. 
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123 STAT. 1359 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) All such contracts entered into pursuant to paragraph 
(1) shall— 
(A) require the repayment, either in lump sum or by 
accelerated prepayment, of the remaining amount of 
construction costs identified in the Central Valley Project 
Schedule of Irrigation Capital Rates by Contractor 2007 
Irrigation Water Rates, dated January 25, 2007, as 
adjusted to reflect payments not reflected in such schedule, 
and properly assignable for ultimate return by the con-
tractor, no later than January 31, 2011, or if made in 
approximately equal annual installments, no later than 
January 31, 2014; such amount to be discounted by 1⁄2 
the Treasury Rate. An estimate of the remaining amount 
of construction costs as of January 31, 2011, as adjusted, 
shall be provided by the Secretary to each contractor no 
later than June 30, 2010; 
(B) require that, notwithstanding subsection (c)(2), 
construction costs or other capitalized costs incurred after 
the effective date of the contract or not reflected in the 
schedule referenced in subparagraph (A), and properly 
assignable to such contractor, shall be repaid in not more 
than 5 years after notification of the allocation if such 
amount is a result of a collective annual allocation of capital 
costs to the contractors exercising contract conversions 
under this subsection of less than $5,000,000. If such 
amount is $5,000,000 or greater, such cost shall be repaid 
as provided by applicable Reclamation law, provided that 
the reference to the amount of $5,000,000 shall not be 
a precedent in any other context; 
(C) provide that power revenues will not be available 
to aid in repayment of construction costs allocated to irriga-
tion under the contract; and 
(D) conform to the Settlement and this part and shall 
continue so long as the contractor pays applicable charges, 
consistent with subsection (c)(2) and applicable law. 
(4) All such contracts entered into pursuant to paragraph 
(2) shall— 
(A) require the repayment in lump sum of the 
remaining amount of construction costs identified in the 
most current version of the Central Valley Project Schedule 
of Municipal and Industrial Water Rates, as adjusted to 
reflect payments not reflected in such schedule, and prop-
erly assignable for ultimate return by the contractor, no 
later than January 31, 2014. An estimate of the remaining 
amount of construction costs as of January 31, 2014, as 
adjusted, shall be provided by the Secretary to each con-
tractor no later than June 30, 2013; 
(B) require that, notwithstanding subsection (c)(2), 
construction costs or other capitalized costs incurred after 
the effective date of the contract or not reflected in the 
schedule referenced in subparagraph (A), and properly 
assignable to such contractor, shall be repaid in not more 
than 5 years after notification of the allocation if such 
amount is a result of a collective annual allocation of capital 
costs to the contractors exercising contract conversions 
under this subsection of less than $5,000,000. If such 
amount is $5,000,000 or greater, such cost shall be repaid 
Cost estimate. 
Cost estimate. 
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123 STAT. 1360 
PUBLIC LAW 111–11—MAR. 30, 2009 
as provided by applicable Reclamation law, provided that 
the reference to the amount of $5,000,000 shall not be 
a precedent in any other context; and 
(C) conform to the Settlement and this part and shall 
continue so long as the contractor pays applicable charges, 
consistent with subsection (c)(2) and applicable law. 
(b) FINAL ADJUSTMENT.—The amounts paid pursuant to sub-
section (a) shall be subject to adjustment following a final cost 
allocation by the Secretary upon completion of the construction 
of the Central Valley Project. In the event that the final cost 
allocation indicates that the costs properly assignable to the con-
tractor are greater than what has been paid by the contractor, 
the contractor shall be obligated to pay the remaining allocated 
costs. The term of such additional repayment contract shall be 
no less than 1 year and no more than 10 years, however, mutually 
agreeable provisions regarding the rate of repayment of such 
amount may be developed by the parties. In the event that the 
final cost allocation indicates that the costs properly assignable 
to the contractor are less than what the contractor has paid, the 
Secretary is authorized and directed to credit such overpayment 
as an offset against any outstanding or future obligation of the 
contractor. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.— 
(1) Notwithstanding any repayment obligation under sub-
section (a)(3)(B) or subsection (b), upon a contractor’s compli-
ance with and discharge of the obligation of repayment of 
the construction costs as provided in subsection (a)(3)(A), the 
provisions of section 213(a) and (b) of the Reclamation Reform 
Act of 1982 (96 Stat. 1269) shall apply to lands in such district. 
(2) Notwithstanding any repayment obligation under para-
graph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon 
a contractor’s compliance with and discharge of the obligation 
of repayment of the construction costs as provided in para-
graphs (3)(A) and (4)(A) of subsection (a), the Secretary shall 
waive the pricing provisions of section 3405(d) of the Reclama-
tion Projects Authorization and Adjustment Act of 1992 (Public 
Law 102–575) for such contractor, provided that such contractor 
shall continue to pay applicable operation and maintenance 
costs and other charges applicable to such repayment contracts 
pursuant to the then-current rate-setting policy and applicable 
law. 
(3) Provisions of the Settlement applying to Friant Division, 
Hidden Unit, and Buchanan Unit long-term water service con-
tracts shall also apply to contracts executed pursuant to this 
section. 
(d) REDUCTION OF CHARGE FOR THOSE CONTRACTS CONVERTED 
PURSUANT TO SUBSECTION (A)(1).— 
(1) At the time all payments by the contractor required 
by subsection (a)(3)(A) have been completed, the Secretary shall 
reduce the charge mandated in section 10007(1) of this part, 
from 2020 through 2039, to offset the financing costs as defined 
in section 10010(d)(3). The reduction shall be calculated at 
the time all payments by the contractor required by subsection 
(a)(3)(A) have been completed. The calculation shall remain 
fixed from 2020 through 2039 and shall be based upon antici-
pated average annual water deliveries, as mutually agreed 
upon by the Secretary and the contractor, for the period from 
Waiver. 
Payments. 
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123 STAT. 1361 
PUBLIC LAW 111–11—MAR. 30, 2009 
2020 through 2039, and the amounts of such reductions shall 
be discounted using the Treasury Rate; provided, that such 
charge shall not be reduced to less than $4.00 per acre foot 
of project water delivered; provided further, that such reduction 
shall be implemented annually unless the Secretary determines, 
based on the availability of other monies, that the charges 
mandated in section 10007(1) are otherwise needed to cover 
ongoing federal costs of the Settlement, including any federal 
operation and maintenance costs of facilities that the Secretary 
determines are needed to implement the Settlement. If the 
Secretary determines that such charges are necessary to cover 
such ongoing federal costs, the Secretary shall, instead of 
making the reduction in such charges, reduce the contractor’s 
operation and maintenance obligation by an equivalent amount, 
and such amount shall not be recovered by the United States 
from any Central Valley Project contractor, provided nothing 
herein shall affect the obligation of the contractor to make 
payments pursuant to a transfer agreement with a non-federal 
operating entity. 
(2) If the calculated reduction in paragraph (1), taking 
into consideration the minimum amount required, does not 
result in the contractor offsetting its financing costs, the Sec-
retary is authorized and directed to reduce, after October 1, 
2019, any outstanding or future obligations of the contractor 
to the Bureau of Reclamation, other than the charge assessed 
and collected under section 3407(d) of Public law 102–575, 
by the amount of such deficiency, with such amount indexed 
to 2020 using the Treasury Rate and such amount shall not 
be recovered by the United States from any Central Valley 
Project contractor, provided nothing herein shall affect the 
obligation of the contractor to make payments pursuant to 
a transfer agreement with a non-Federal operating entity. 
(3) Financing costs, for the purposes of this subsection, 
shall be computed as the difference of the net present value 
of the construction cost identified in subsection (a)(3)(A) using 
the full Treasury Rate as compared to using one half of the 
Treasury Rate and applying those rates against a calculated 
average annual capital repayment through 2030. 
(4) Effective in 2040, the charge shall revert to the amount 
called for in section 10007(1) of this part. 
(5) For purposes of this section, ‘‘Treasury Rate’’ shall 
be defined as the 20 year Constant Maturity Treasury (CMT) 
rate published by the United States Department of the Treasury 
as of October 1, 2010. 
(e) SATISFACTION OF CERTAIN PROVISIONS.— 
(1) IN GENERAL.—Upon the first release of Interim Flows 
or Restoration Flows, pursuant to paragraphs 13 or 15 of the 
Settlement, any short- or long-term agreement, to which 1 
or more long-term Friant Division, Hidden Unit, or Buchanan 
Unit contractor that converts its contract pursuant to sub-
section (a) is a party, providing for the transfer or exchange 
of water not released as Interim Flows or Restoration Flows 
shall be deemed to satisfy the provisions of subsection 
3405(a)(1)(A) and (I) of the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102–575) without 
the further concurrence of the Secretary as to compliance with 
said subsections if the contractor provides, not later than 90 
Deadlines. 
Notice. 
Effective date. 
Effective date. 
Effective date. 
Deadline. 
Determination. 
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123 STAT. 1362 
PUBLIC LAW 111–11—MAR. 30, 2009 
days before commencement of any such transfer or exchange 
for a period in excess of 1 year, and not later than 30 days 
before commencement of any proposed transfer or exchange 
with duration of less than 1 year, written notice to the Secretary 
stating how the proposed transfer or exchange is intended 
to reduce, avoid, or mitigate impacts to water deliveries caused 
by the Interim Flows or Restoration Flows or is intended to 
otherwise facilitate the Water Management Goal, as described 
in the Settlement. The Secretary shall promptly make such 
notice publicly available. 
(2) DETERMINATION
OF
REDUCTIONS
TO
WATER
DELIV-
ERIES.—Water transferred or exchanged under an agreement 
that meets the terms of this subsection shall not be counted 
as a replacement or an offset for purposes of determining reduc-
tions to water deliveries to any Friant Division long-term con-
tractor except as provided in paragraph 16(b) of the Settlement. 
The Secretary shall, at least annually, make publicly available 
a compilation of the number of transfer or exchange agreements 
exercising the provisions of this subsection to reduce, avoid, 
or mitigate impacts to water deliveries caused by the Interim 
Flows or Restoration Flows or to facilitate the Water Manage-
ment Goal, as well as the volume of water transferred or 
exchanged under such agreements. 
(3) STATE LAW.—Nothing in this subsection alters State 
law or permit conditions, including any applicable geographical 
restrictions on the place of use of water transferred or 
exchanged pursuant to this subsection. 
(f) 
CERTAIN
REPAYMENT
OBLIGATIONS
NOT
ALTERED.— 
Implementation of the provisions of this section shall not alter 
the repayment obligation of any other long-term water service or 
repayment contractor receiving water from the Central Valley 
Project, or shift any costs that would otherwise have been properly 
assignable to the Friant contractors absent this section, including 
operations and maintenance costs, construction costs, or other 
capitalized costs incurred after the date of enactment of this Act, 
to other such contractors. 
(g) STATUTORY INTERPRETATION.—Nothing in this part shall 
be construed to affect the right of any Friant Division, Hidden 
Unit, or Buchanan Unit long-term contractor to use a particular 
type of financing to make the payments required in paragraph 
(3)(A) or (4)(A) of subsection (a). 
SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK 
SALMON. 
(a) FINDING.—Congress finds that the implementation of the 
Settlement to resolve 18 years of contentious litigation regarding 
restoration of the San Joaquin River and the reintroduction of 
the California Central Valley Spring Run Chinook salmon is a 
unique and unprecedented circumstance that requires clear expres-
sions of Congressional intent regarding how the provisions of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized 
to achieve the goals of restoration of the San Joaquin River and 
the successful reintroduction of California Central Valley Spring 
Run Chinook salmon. 
(b) REINTRODUCTION IN THE SAN JOAQUIN RIVER.—California 
Central Valley Spring Run Chinook salmon shall be reintroduced 
in the San Joaquin River below Friant Dam pursuant to section 
Deadline. 
Public 
information. 
Public 
information. 
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123 STAT. 1363 
PUBLIC LAW 111–11—MAR. 30, 2009 
10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)) 
and the Settlement, provided that the Secretary of Commerce finds 
that a permit for the reintroduction of California Central Valley 
Spring Run Chinook salmon may be issued pursuant to section 
10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(a)(1)(A)). 
(c) FINAL RULE.— 
(1) DEFINITION OF THIRD PARTY.—For the purpose of this 
subsection, the term ‘‘third party’’ means persons or entities 
diverting or receiving water pursuant to applicable State and 
Federal laws and shall include Central Valley Project contrac-
tors outside of the Friant Division of the Central Valley Project 
and the State Water Project. 
(2) ISSUANCE.—The Secretary of Commerce shall issue a 
final rule pursuant to section 4(d) of the Endangered Species 
Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 
of reintroduced California Central Valley Spring Run Chinook 
salmon prior to the reintroduction. 
(3) REQUIRED COMPONENTS.—The rule issued under para-
graph (2) shall provide that the reintroduction will not impose 
more than de minimus: water supply reductions, additional 
storage releases, or bypass flows on unwilling third parties 
due to such reintroduction. 
(4) APPLICABLE LAW.—Nothing in this section— 
(A) diminishes the statutory or regulatory protections 
provided in the Endangered Species Act of 1973 for any 
species listed pursuant to section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. 1533) other than the reintro-
duced population of California Central Valley Spring Run 
Chinook salmon, including protections pursuant to existing 
biological opinions or new biological opinions issued by 
the Secretary or Secretary of Commerce; or 
(B) precludes the Secretary or Secretary of Commerce 
from imposing protections under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) for other species 
listed pursuant to section 4 of that Act (16 U.S.C. 1533) 
because those protections provide incidental benefits to 
such reintroduced California Central Valley Spring Run 
Chinook salmon. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 2024, the 
Secretary of Commerce shall report to Congress on the progress 
made on the reintroduction set forth in this section and the 
Secretary’s plans for future implementation of this section. 
(2) INCLUSIONS.—The report under paragraph (1) shall 
include— 
(A) an assessment of the major challenges, if any, 
to successful reintroduction; 
(B) an evaluation of the effect, if any, of the reintroduc-
tion on the existing population of California Central Valley 
Spring Run Chinook salmon existing on the Sacramento 
River or its tributaries; and 
(C) an assessment regarding the future of the reintro-
duction. 
(e) FERC PROJECTS.— 
(1) IN GENERAL.—With regard to California Central Valley 
Spring Run Chinook salmon reintroduced pursuant to the 
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123 STAT. 1364 
PUBLIC LAW 111–11—MAR. 30, 2009 
Settlement, the Secretary of Commerce shall exercise its 
authority under section 18 of the Federal Power Act (16 U.S.C. 
811) by reserving its right to file prescriptions in proceedings 
for projects licensed by the Federal Energy Regulatory Commis-
sion on the Calaveras, Stanislaus, Tuolumne, Merced, and San 
Joaquin rivers and otherwise consistent with subsection (c) 
until after the expiration of the term of the Settlement, 
December 31, 2025, or the expiration of the designation made 
pursuant to subsection (b), whichever ends first. 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
shall preclude the Secretary of Commerce from imposing 
prescriptions pursuant to section 18 of the Federal Power Act 
(16 U.S.C. 811) solely for other anadromous fish species because 
those prescriptions provide incidental benefits to such reintro-
duced California Central Valley Spring Run Chinook salmon. 
(f) EFFECT OF SECTION.—Nothing in this section is intended 
or shall be construed— 
(1) to modify the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a 
et seq.); or 
(2) to establish a precedent with respect to any other 
application of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
seq.). 
PART II—STUDY TO DEVELOP WATER PLAN; 
REPORT 
SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT. 
(a) PLAN.— 
(1) GRANT.—To the extent that funds are made available 
in advance for this purpose, the Secretary of the Interior, 
acting through the Bureau of Reclamation, shall provide direct 
financial assistance to the California Water Institute, located 
at California State University, Fresno, California, to conduct 
a study regarding the coordination and integration of sub- 
regional integrated regional water management plans into a 
unified Integrated Regional Water Management Plan for the 
subject counties in the hydrologic basins that would address 
issues related to— 
(A) water quality; 
(B) water supply (both surface, ground water banking, 
and brackish water desalination); 
(C) water conveyance; 
(D) water reliability; 
(E) water conservation and efficient use (by distribu-
tion systems and by end users); 
(F) flood control; 
(G) water resource-related environmental enhance-
ment; and 
(H) population growth. 
(2) STUDY AREA.—The study area referred to in paragraph 
(1) is the proposed study area of the San Joaquin River Hydro-
logic Region and Tulare Lake Hydrologic Region, as defined 
by California Department of Water Resources Bulletin 160– 
05, volume 3, chapters 7 and 8, including Kern, Tulare, Kings, 
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123 STAT. 1365 
PUBLIC LAW 111–11—MAR. 30, 2009 
Fresno, Madera, Merced, Stanislaus, and San Joaquin counties 
in California. 
(b) USE OF PLAN.—The Integrated Regional Water Management 
Plan developed for the 2 hydrologic basins under subsection (a) 
shall serve as a guide for the counties in the study area described 
in subsection (a)(2) to use as a mechanism to address and solve 
long-term water needs in a sustainable and equitable manner. 
(c) REPORT.—The Secretary shall ensure that a report con-
taining the results of the Integrated Regional Water Management 
Plan for the hydrologic regions is submitted to the Committee 
on Energy and Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representatives not later 
than 24 months after financial assistance is made available to 
the California Water Institute under subsection (a)(1). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $1,000,000 to remain 
available until expended. 
PART III—FRIANT DIVISION IMPROVEMENTS 
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. 
(a) The Secretary of the Interior (hereafter referred to as the 
‘‘Secretary’’) is authorized and directed to conduct feasibility studies 
in coordination with appropriate Federal, State, regional, and local 
authorities on the following improvements and facilities in the 
Friant Division, Central Valley Project, California: 
(1) Restoration of the capacity of the Friant-Kern Canal 
and Madera Canal to such capacity as previously designed 
and constructed by the Bureau of Reclamation. 
(2) Reverse flow pump-back facilities on the Friant-Kern 
Canal, with reverse-flow capacity of approximately 500 cubic 
feet per second at the Poso and Shafter Check Structures 
and approximately 300 cubic feet per second at the Woollomes 
Check Structure. 
(b) Upon completion of and consistent with the applicable feasi-
bility studies, the Secretary is authorized to construct the improve-
ments and facilities identified in subsection (a) in accordance with 
all applicable Federal and State laws. 
(c) The costs of implementing this section shall be in accordance 
with section 10203, and shall be a nonreimbursable Federal 
expenditure. 
SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 
(a) AUTHORIZATION.—The Secretary is authorized to provide 
financial assistance to local agencies within the Central Valley 
Project, California, for the planning, design, environmental compli-
ance, and construction of local facilities to bank water underground 
or to recharge groundwater, and that recover such water, provided 
that the project meets the criteria in subsection (b). The Secretary 
is further authorized to require that any such local agency receiving 
financial assistance under the terms of this section submit progress 
reports and accountings to the Secretary, as the Secretary deems 
appropriate, which such reports shall be publicly available. 
(b) CRITERIA.— 
(1) A project shall be eligible for Federal financial assist-
ance under subsection (a) only if all or a portion of the project 
is designed to reduce, avoid, or offset the quantity of the 
Reports. 
Public 
information. 
Studies. 
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123 STAT. 1366 
PUBLIC LAW 111–11—MAR. 30, 2009 
expected water supply impacts to Friant Division long-term 
contractors caused by the Interim or Restoration Flows author-
ized in part I of this subtitle, and such quantities have not 
already been reduced, avoided, or offset by other programs 
or projects. 
(2) Federal financial assistance shall only apply to the 
portion of a project that the local agency designates as reducing, 
avoiding, or offsetting the expected water supply impacts caused 
by the Interim or Restoration Flows authorized in part I of 
this subtitle, consistent with the methodology developed pursu-
ant to paragraph (3)(C). 
(3) No Federal financial assistance shall be provided by 
the Secretary under this part for construction of a project 
under subsection (a) unless the Secretary— 
(A) determines that appropriate planning, design, and 
environmental compliance activities associated with such 
a project have been completed, and that the Secretary 
has been offered the opportunity to participate in the 
project at a price that is no higher than the local agency’s 
own costs, in order to secure necessary storage, extraction, 
and conveyance rights for water that may be needed to 
meet the Restoration Goal as described in part I of this 
subtitle, where such project has capacity beyond that des-
ignated for the purposes in paragraph (2) or where it 
is feasible to expand such project to allow participation 
by the Secretary; 
(B) determines, based on information available at the 
time, that the local agency has the financial capability 
and willingness to fund its share of the project’s construc-
tion and all operation and maintenance costs on an annual 
basis; 
(C) determines that a method acceptable to the Sec-
retary has been developed for quantifying the benefit, in 
terms of reduction, avoidance, or offset of the water supply 
impacts expected to be caused by the Interim or Restoration 
Flows authorized in part I of this subtitle, that will result 
from the project, and for ensuring appropriate adjustment 
in the recovered water account pursuant to section 
10004(a)(5); and 
(D) has entered into a cost-sharing agreement with 
the local agency which commits the local agency to funding 
its share of the project’s construction costs on an annual 
basis. 
(c) GUIDELINES.—Within 1 year from the date of enactment 
of this part, the Secretary shall develop, in consultation with the 
Friant Division long-term contractors, proposed guidelines for the 
application of the criteria defined in subsection (b), and will make 
the proposed guidelines available for public comment. Such guide-
lines may consider prioritizing the distribution of available funds 
to projects that provide the broadest benefit within the affected 
area and the equitable allocation of funds. Upon adoption of such 
guidelines, the Secretary shall implement such assistance program, 
subject to the availability of funds appropriated for such purpose. 
(d) COST SHARING.—The Federal financial assistance provided 
to local agencies under subsection (a) shall not exceed— 
Deadline. 
Public comment. 
Contracts. 
Determinations. 
Applicability. 
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123 STAT. 1367 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) 50 percent of the costs associated with planning, design, 
and environmental compliance activities associated with such 
a project; and 
(2) 50 percent of the costs associated with construction 
of any such project. 
(e) PROJECT OWNERSHIP.— 
(1) Title to, control over, and operation of, projects funded 
under subsection (a) shall remain in one or more non-Federal 
local agencies. Nothing in this part authorizes the Secretary 
to operate a groundwater bank along or adjacent to the San 
Joaquin River upstream of the confluence with the Merced 
River, and any such groundwater bank shall be operated by 
a non-Federal entity. All projects funded pursuant to this sub-
section shall comply with all applicable Federal and State laws, 
including provisions of California water law. 
(2) All operation, maintenance, and replacement and 
rehabilitation costs of such projects shall be the responsibility 
of the local agency. The Secretary shall not provide funding 
for any operation, maintenance, or replacement and rehabilita-
tion costs of projects funded under subsection (a). 
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS. 
(a) The Secretary is authorized and directed to use monies 
from the fund established under section 10009 to carry out the 
provisions of section 10201(a)(1), in an amount not to exceed 
$35,000,000. 
(b) In addition to the funds made available pursuant to sub-
section (a), the Secretary is also authorized to expend such addi-
tional funds from the fund established under section 10009 to 
carry out the purposes of section 10201(a)(2), if such facilities have 
not already been authorized and funded under the plan provided 
for pursuant to section 10004(a)(4), in an amount not to exceed 
$17,000,000, provided that the Secretary first determines that such 
expenditure will not conflict with or delay his implementation of 
actions required by part I of this subtitle. Notice of the Secretary’s 
determination shall be published not later than his submission 
of the report to Congress required by section 10009(f)(2). 
(c) In addition to funds made available in subsections (a) and 
(b), there are authorized to be appropriated $50,000,000 (October 
2008 price levels) to carry out the purposes of this part which 
shall be non-reimbursable. 
Subtitle B—Northwestern New Mexico 
Rural Water Projects 
SEC. 10301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Northwestern New Mexico 
Rural Water Projects Act’’. 
SEC. 10302. DEFINITIONS. 
In this subtitle: 
(1) AAMODT ADJUDICATION.—The term ‘‘Aamodt adjudica-
tion’’ means the general stream adjudication that is the subject 
of the civil action entitled ‘‘State of New Mexico, ex rel. State 
Engineer and United States of America, Pueblo de Nambe, 
Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de 
43 USC 407 note. 
Northwestern 
New Mexico 
Rural Water 
Projects Act. 
Native 
Americans. 
43 USC 371 note. 
Notice. 
Publication. 
Determination. 
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123 STAT. 1368 
PUBLIC LAW 111–11—MAR. 30, 2009 
Tesuque v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 MV/LCS 
(D.N.M.). 
(2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta adjudication’’ 
means the general stream adjudication that is the subject of 
the civil actions entitled ‘‘State of New Mexico v. Abeyta and 
State of New Mexico v. Arrellano’’, Civil Nos. 7896–BB (D.N.M) 
and 7939–BB (D.N.M.) (consolidated). 
(3) ACRE-FEET.—The term ‘‘acre-feet’’ means acre-feet per 
year. 
(4) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment among the State of New Mexico, the Nation, and the 
United States setting forth a stipulated and binding agreement 
signed by the State of New Mexico and the Nation on April 
19, 2005. 
(5) ALLOTTEE.—The term ‘‘allottee’’ means a person that 
holds a beneficial real property interest in a Navajo allotment 
that— 
(A) is located within the Navajo Reservation or the 
State of New Mexico; 
(B) is held in trust by the United States; and 
(C) was originally granted to an individual member 
of the Nation by public land order or otherwise. 
(6) ANIMAS-LA PLATA PROJECT.—The term ‘‘Animas-La Plata 
Project’’ has the meaning given the term in section 3 of Public 
Law 100–585 (102 Stat. 2973), including Ridges Basin Dam, 
Lake Nighthorse, the Navajo Nation Municipal Pipeline, and 
any other features or modifications made pursuant to the Colo-
rado Ute Settlement Act Amendments of 2000 (Public Law 
106–554; 114 Stat. 2763A–258). 
(7) CITY.—The term ‘‘City’’ means the city of Gallup, New 
Mexico, or a designee of the City, with authority to provide 
water to the Gallup, New Mexico service area. 
(8) COLORADO RIVER COMPACT.—The term ‘‘Colorado River 
Compact’’ means the Colorado River Compact of 1922 as 
approved by Congress in the Act of December 21, 1928 (45 
Stat. 1057) and by the Presidential Proclamation of June 25, 
1929 (46 Stat. 3000). 
(9) COLORADO RIVER SYSTEM.—The term ‘‘Colorado River 
System’’ has the same meaning given the term in Article II(a) 
of the Colorado River Compact. 
(10) COMPACT.—The term ‘‘Compact’’ means the Upper 
Colorado River Basin Compact as consented to by the Act 
of April 6, 1949 (63 Stat. 31, chapter 48). 
(11) CONTRACT.—The term ‘‘Contract’’ means the contract 
between the United States and the Nation setting forth certain 
commitments, rights, and obligations of the United States and 
the Nation, as described in paragraph 6.0 of the Agreement. 
(12) DEPLETION.—The term ‘‘depletion’’ means the depletion 
of the flow of the San Juan River stream system in the State 
of New Mexico by a particular use of water (including any 
depletion incident to the use) and represents the diversion 
from the stream system by the use, less return flows to the 
stream system from the use. 
(13) DRAFT IMPACT STATEMENT.—The term ‘‘Draft Impact 
Statement’’ means the draft environmental impact statement 
prepared by the Bureau of Reclamation for the Project dated 
March 2007. 
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123 STAT. 1369 
PUBLIC LAW 111–11—MAR. 30, 2009 
(14) FUND.—The term ‘‘Fund’’ means the Reclamation 
Waters Settlements Fund established by section 10501(a). 
(15) HYDROLOGIC DETERMINATION.—The term ‘‘hydrologic 
determination’’ means the hydrologic determination entitled 
‘‘Water Availability from Navajo Reservoir and the Upper Colo-
rado River Basin for Use in New Mexico,’’ prepared by the 
Bureau of Reclamation pursuant to section 11 of the Act of 
June 13, 1962 (Public Law 87–483; 76 Stat. 99), and dated 
May 23, 2007. 
(16) LOWER BASIN.—The term ‘‘Lower Basin’’ has the same 
meaning given the term in Article II(g) of the Colorado River 
Compact. 
(17) NATION.—The term ‘‘Nation’’ means the Navajo Nation, 
a body politic and federally-recognized Indian nation as pro-
vided for in section 101(2) of the Federally Recognized Indian 
Tribe List of 1994 (25 U.S.C. 497a(2)), also known variously 
as the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New 
Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ and other 
similar names, and includes all bands of Navajo Indians and 
chapters of the Navajo Nation. 
(18) NAVAJO-GALLUP WATER SUPPLY PROJECT; PROJECT.— 
The term ‘‘Navajo-Gallup Water Supply Project’’ or ‘‘Project’’ 
means the Navajo-Gallup Water Supply Project authorized 
under section 10602(a), as described as the preferred alternative 
in the Draft Impact Statement. 
(19) NAVAJO
INDIAN
IRRIGATION
PROJECT.—The term 
‘‘Navajo Indian Irrigation Project’’ means the Navajo Indian 
irrigation project authorized by section 2 of Public Law 87– 
483 (76 Stat. 96). 
(20) NAVAJO
RESERVOIR.—The term ‘‘Navajo Reservoir’’ 
means the reservoir created by the impoundment of the San 
Juan River at Navajo Dam, as authorized by the Act of April 
11, 1956 (commonly known as the ‘‘Colorado River Storage 
Project Act’’) (43 U.S.C. 620 et seq.). 
(21) NAVAJO NATION MUNICIPAL PIPELINE; PIPELINE.—The 
term ‘‘Navajo Nation Municipal Pipeline’’ or ‘‘Pipeline’’ means 
the pipeline used to convey the water of the Animas-La Plata 
Project of the Navajo Nation from the City of Farmington, 
New Mexico, to communities of the Navajo Nation located in 
close proximity to the San Juan River Valley in the State 
of New Mexico (including the City of Shiprock), as authorized 
by section 15(b) of the Colorado Ute Indian Water Rights Settle-
ment Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114 
Stat. 2763A–263). 
(22) NON-NAVAJO IRRIGATION DISTRICTS.—The term ‘‘Non- 
Navajo Irrigation Districts’’ means— 
(A) the Hammond Conservancy District; 
(B) the Bloomfield Irrigation District; and 
(C) any other community ditch organization in the 
San Juan River basin in the State of New Mexico. 
(23) PARTIAL
FINAL
DECREE.—The term ‘‘Partial Final 
Decree’’ means a final and binding judgment and decree entered 
by a court in the stream adjudication, setting forth the rights 
of the Nation to use and administer waters of the San Juan 
River Basin in New Mexico, as set forth in Appendix 1 of 
the Agreement. 
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123 STAT. 1370 
PUBLIC LAW 111–11—MAR. 30, 2009 
(24) PROJECT
PARTICIPANTS.—The term ‘‘Project Partici-
pants’’ means the City, the Nation, and the Jicarilla Apache 
Nation. 
(25) SAN
JUAN
RIVER
BASIN
RECOVERY
IMPLEMENTATION 
PROGRAM.—The term ‘‘San Juan River Basin Recovery 
Implementation Program’’ means the intergovernmental pro-
gram established pursuant to the cooperative agreement dated 
October 21, 1992 (including any amendments to the program). 
(26) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior, acting through the Commissioner of 
Reclamation or any other designee. 
(27) STREAM ADJUDICATION.—The term ‘‘stream adjudica-
tion’’ means the general stream adjudication that is the subject 
of New Mexico v. United States, et al., No. 75–185 (11th Jud. 
Dist., San Juan County, New Mexico) (involving claims to 
waters of the San Juan River and the tributaries of that river). 
(28) SUPPLEMENTAL
PARTIAL
FINAL
DECREE.—The term 
‘‘Supplemental Partial Final Decree’’ means a final and binding 
judgment and decree entered by a court in the stream adjudica-
tion, setting forth certain water rights of the Nation, as set 
forth in Appendix 2 of the Agreement. 
(29) TRUST
FUND.—The term ‘‘Trust Fund’’ means the 
Navajo Nation Water Resources Development Trust Fund 
established by section 10702(a). 
(30) UPPER BASIN.—The term ‘‘Upper Basin’’ has the same 
meaning given the term in Article II(f) of the Colorado River 
Compact. 
SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
(a) EFFECT OF EXECUTION OF AGREEMENT.—The execution of 
the Agreement under section 10701(a)(2) shall not constitute a 
major Federal action under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying out 
this subtitle, the Secretary shall comply with each law of the 
Federal Government relating to the protection of the environment, 
including— 
(1) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.). 
SEC. 10304. NO REALLOCATION OF COSTS. 
(a) EFFECT OF ACT.—Notwithstanding any other provision of 
law, the Secretary shall not reallocate or reassign any costs of 
projects that have been authorized under the Act of April 11, 
1956 (commonly known as the ‘‘Colorado River Storage Project 
Act’’) (43 U.S.C. 620 et seq.), as of the date of enactment of this 
Act because of— 
(1) the authorization of the Navajo-Gallup Water Supply 
Project under this subtitle; or 
(2) the changes in the uses of the water diverted by the 
Navajo Indian Irrigation Project or the waters stored in the 
Navajo Reservoir authorized under this subtitle. 
(b) USE
OF POWER REVENUES.—Notwithstanding any other 
provision of law, no power revenues under the Act of April 11, 
1956 (commonly known as the ‘‘Colorado River Storage Project 
Act’’) (43 U.S.C. 620 et seq.), shall be used to pay or reimburse 
43 USC 407 note. 
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123 STAT. 1371 
PUBLIC LAW 111–11—MAR. 30, 2009 
any costs of the Navajo Indian Irrigation Project or Navajo-Gallup 
Water Supply Project. 
SEC. 10305. INTEREST RATE. 
Notwithstanding any other provision of law, the interest rate 
applicable to any repayment contract entered into under section 
10604 shall be equal to the discount rate for Federal water resources 
planning, as determined by the Secretary. 
PART I—AMENDMENTS TO THE COLORADO 
RIVER STORAGE PROJECT ACT AND PUBLIC 
LAW 87–483 
SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE 
PROJECT ACT. 
(a) PARTICIPATING PROJECTS.—Paragraph (2) of the first section 
of the Act of April 11, 1956 (commonly known as the ‘‘Colorado 
River Storage Project Act’’) (43 U.S.C. 620(2)) is amended by 
inserting ‘‘the Navajo-Gallup Water Supply Project,’’ after ‘‘Fruit-
land Mesa,’’. 
(b) NAVAJO RESERVOIR WATER BANK.—The Act of April 11, 
1956 (commonly known as the ‘‘Colorado River Storage Project 
Act’’) is amended— 
(1) by redesignating section 16 (43 U.S.C. 620o) as section 
17; and 
(2) by inserting after section 15 (43 U.S.C. 620n) the fol-
lowing: 
‘‘SEC. 16. (a) The Secretary of the Interior may create and 
operate within the available capacity of Navajo Reservoir a top 
water bank. 
‘‘(b) Water made available for the top water bank in accordance 
with subsections (c) and (d) shall not be subject to section 11 
of Public Law 87–483 (76 Stat. 99). 
‘‘(c) The top water bank authorized under subsection (a) shall 
be operated in a manner that— 
‘‘(1) is consistent with applicable law, except that, notwith-
standing any other provision of law, water for purposes other 
than irrigation may be stored in the Navajo Reservoir pursuant 
to the rules governing the top water bank established under 
this section; and 
‘‘(2) does not impair the ability of the Secretary of the 
Interior to deliver water under contracts entered into under— 
‘‘(A) Public Law 87–483 (76 Stat. 96); and 
‘‘(B) New Mexico State Engineer File Nos. 2847, 2848, 
2849, and 2917. 
‘‘(d)(1) The Secretary of the Interior, in cooperation with the 
State of New Mexico (acting through the Interstate Stream Commis-
sion), shall develop any terms and procedures for the storage, 
accounting, and release of water in the top water bank that are 
necessary to comply with subsection (c). 
‘‘(2) The terms and procedures developed under paragraph (1) 
shall include provisions requiring that— 
‘‘(A) the storage of banked water shall be subject to 
approval under State law by the New Mexico State Engineer 
to ensure that impairment of any existing water right does 
Procedures. 
43 USC 620n–1. 
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123 STAT. 1372 
PUBLIC LAW 111–11—MAR. 30, 2009 
not occur, including storage of water under New Mexico State 
Engineer File No. 2849; 
‘‘(B) water in the top water bank be subject to evaporation 
and other losses during storage; 
‘‘(C) water in the top water bank be released for delivery 
to the owner or assigns of the banked water on request of 
the owner, subject to reasonable scheduling requirements for 
making the release; 
‘‘(D) water in the top water bank be the first water spilled 
or released for flood control purposes in anticipation of a spill, 
on the condition that top water bank water shall not be released 
or included for purposes of calculating whether a release should 
occur for purposes of satisfying the flow recommendations of 
the San Juan River Basin Recovery Implementation Program; 
and 
‘‘(E) water eligible for banking in the top water bank shall 
be water that otherwise would have been diverted and bene-
ficially used in New Mexico that year. 
‘‘(e) The Secretary of the Interior may charge fees to water 
users that use the top water bank in amounts sufficient to cover 
the costs incurred by the United States in administering the water 
bank.’’. 
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. 
(a) NAVAJO INDIAN IRRIGATION PROJECT.—Public Law 87–483 
(76 Stat. 96) is amended by striking section 2 and inserting the 
following: 
‘‘SEC. 2. (a) In accordance with the Act of April 11, 1956 
(commonly known as the ‘Colorado River Storage Project Act’) (43 
U.S.C. 620 et seq.), the Secretary of the Interior is authorized 
to construct, operate, and maintain the Navajo Indian Irrigation 
Project to provide irrigation water to a service area of not more 
than 110,630 acres of land. 
‘‘(b)(1) Subject to paragraph (2), the average annual diversion 
by the Navajo Indian Irrigation Project from the Navajo Reservoir 
over any consecutive 10-year period shall be the lesser of— 
‘‘(A) 508,000 acre-feet per year; or 
‘‘(B) the quantity of water necessary to supply an average 
depletion of 270,000 acre-feet per year. 
‘‘(2) The quantity of water diverted for any 1 year shall not 
exceed the average annual diversion determined under paragraph 
(1) by more than 15 percent. 
‘‘(c) In addition to being used for irrigation, the water diverted 
by the Navajo Indian Irrigation Project under subsection (b) may 
be used within the area served by Navajo Indian Irrigation Project 
facilities for the following purposes: 
‘‘(1) Aquaculture purposes, including the rearing of fish 
in support of the San Juan River Basin Recovery Implementa-
tion Program authorized by Public Law 106–392 (114 Stat. 
1602). 
‘‘(2) Domestic, industrial, or commercial purposes relating 
to agricultural production and processing. 
‘‘(3)(A) The generation of hydroelectric power as an incident 
to the diversion of water by the Navajo Indian Irrigation Project 
for authorized purposes. 
‘‘(B) Notwithstanding any other provision of law— 
43 USC 615jj. 
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123 STAT. 1373 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(i) any hydroelectric power generated under this para-
graph shall be used or marketed by the Navajo Nation; 
‘‘(ii) the Navajo Nation shall retain any revenues from 
the sale of the hydroelectric power; and 
‘‘(iii) the United States shall have no trust obligation 
to monitor, administer, or account for the revenues received 
by the Navajo Nation, or the expenditure of the revenues. 
‘‘(4) The implementation of the alternate water source 
provisions described in subparagraph 9.2 of the agreement 
executed under section 10701(a)(2) of the Northwestern New 
Mexico Rural Water Projects Act. 
‘‘(d) The Navajo Indian Irrigation Project water diverted under 
subsection (b) may be transferred to areas located within or outside 
the area served by Navajo Indian Irrigation Project facilities, and 
within or outside the boundaries of the Navajo Nation, for any 
beneficial use in accordance with— 
‘‘(1) the agreement executed under section 10701(a)(2) of 
the Northwestern New Mexico Rural Water Projects Act; 
‘‘(2) the contract executed under section 10604(a)(2)(B) of 
that Act; and 
‘‘(3) any other applicable law. 
‘‘(e) The Secretary may use the capacity of the Navajo Indian 
Irrigation Project works to convey water supplies for— 
‘‘(1) the Navajo-Gallup Water Supply Project under section 
10602 of the Northwestern New Mexico Rural Water Projects 
Act; or 
‘‘(2) other nonirrigation purposes authorized under sub-
section (c) or (d). 
‘‘(f)(1) Repayment of the costs of construction of the project 
(as authorized in subsection (a)) shall be in accordance with the 
Act of April 11, 1956 (commonly known as the ‘Colorado River 
Storage Project Act’) (43 U.S.C. 620 et seq.), including section 4(d) 
of that Act. 
‘‘(2) The Secretary shall not reallocate, or require repayment 
of, construction costs of the Navajo Indian Irrigation Project because 
of the conveyance of water supplies for nonirrigation purposes under 
subsection (e).’’. 
(b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of Public Law 
87–483 (76 Stat. 100) is amended by adding at the end the following: 
‘‘(d)(1) For purposes of implementing in a year of prospective 
shortage the water allocation procedures established by subsection 
(a), the Secretary of the Interior shall determine the quantity of 
any shortages and the appropriate apportionment of water using 
the normal diversion requirements on the flow of the San Juan 
River originating above Navajo Dam based on the following criteria: 
‘‘(A) The quantity of diversion or water delivery for the 
current year anticipated to be necessary to irrigate land in 
accordance with cropping plans prepared by contractors. 
‘‘(B) The annual diversion or water delivery demands for 
the current year anticipated for non-irrigation uses under water 
delivery contracts, including contracts authorized by the North-
western New Mexico Rural Water Projects Act, but excluding 
any current demand for surface water for placement into aquifer 
storage for future recovery and use. 
Determination. 
43 USC 615ss. 
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123 STAT. 1374 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(C) An annual normal diversion demand of 135,000 acre- 
feet for the initial stage of the San Juan-Chama Project author-
ized by section 8, which shall be the amount to which any 
shortage is applied. 
‘‘(2) The Secretary shall not include in the normal diversion 
requirements— 
‘‘(A) the quantity of water that reliably can be anticipated 
to be diverted or delivered under a contract from inflows to 
the San Juan River arising below Navajo Dam under New 
Mexico State Engineer File No. 3215; or 
‘‘(B) the quantity of water anticipated to be supplied 
through reuse. 
‘‘(e)(1) If the Secretary determines that there is a shortage 
of water under subsection (a), the Secretary shall respond to the 
shortage in the Navajo Reservoir water supply by curtailing releases 
and deliveries in the following order: 
‘‘(A) The demand for delivery for uses in the State of 
Arizona under the Navajo-Gallup Water Supply Project author-
ized by section 10603 of the Northwestern New Mexico Rural 
Water Projects Act, excluding the quantity of water anticipated 
to be diverted for the uses from inflows to the San Juan 
River that arise below Navajo Dam in accordance with New 
Mexico State Engineer File No. 3215. 
‘‘(B) The demand for delivery for uses allocated under para-
graph 8.2 of the agreement executed under section 10701(a)(2) 
of the Northwestern New Mexico Rural Water Projects Act, 
excluding the quantity of water anticipated to be diverted for 
such uses under State Engineer File No. 3215. 
‘‘(C) The uses in the State of New Mexico that are deter-
mined under subsection (d), in accordance with the procedure 
for apportioning the water supply under subsection (a). 
‘‘(2) For any year for which the Secretary determines and 
responds to a shortage in the Navajo Reservoir water supply, the 
Secretary shall not deliver, and contractors of the water supply 
shall not divert, any of the water supply for placement into aquifer 
storage for future recovery and use. 
‘‘(3) To determine the occurrence and amount of any shortage 
to contracts entered into under this section, the Secretary shall 
not include as available storage any water stored in a top water 
bank in Navajo Reservoir established under section 16(a) of the 
Act of April 11, 1956 (commonly known as the ‘Colorado River 
Storage Project Act’). 
‘‘(f) The Secretary of the Interior shall apportion water under 
subsections (a), (d), and (e) on an annual volume basis. 
‘‘(g) The Secretary of the Interior may revise a determination 
of shortages, apportionments, or allocations of water under sub-
sections (a), (d), and (e) on the basis of information relating to 
water supply conditions that was not available at the time at 
which the determination was made. 
‘‘(h) Nothing in this section prohibits the distribution of water 
in accordance with cooperative water agreements between water 
users providing for a sharing of water supplies. 
‘‘(i) Diversions under New Mexico State Engineer File No. 3215 
shall be distributed, to the maximum extent water is available, 
in proportionate amounts to the diversion demands of contractors 
and subcontractors of the Navajo Reservoir water supply that are 
diverting water below Navajo Dam.’’. 
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123 STAT. 1375 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 10403. EFFECT ON FEDERAL WATER LAW. 
Unless expressly provided in this subtitle, nothing in this sub-
title modifies, conflicts with, preempts, or otherwise affects— 
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.); 
(2) the Boulder Canyon Project Adjustment Act (54 Stat. 
774, chapter 643); 
(3) the Act of April 11, 1956 (commonly known as the 
‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et seq.); 
(4) the Act of September 30, 1968 (commonly known as 
the ‘‘Colorado River Basin Project Act’’) (82 Stat. 885); 
(5) Public Law 87–483 (76 Stat. 96); 
(6) the Treaty between the United States of America and 
Mexico respecting utilization of waters of the Colorado and 
Tijuana Rivers and of the Rio Grande, signed at Washington 
February 3, 1944 (59 Stat. 1219); 
(7) the Colorado River Compact of 1922, as approved by 
the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 
(8) the Compact; 
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48); 
(10) the Jicarilla Apache Tribe Water Rights Settlement 
Act (106 Stat. 2237); or 
(11) section 205 of the Energy and Water Development 
Appropriations Act, 2005 (118 Stat. 2949). 
PART II—RECLAMATION WATER 
SETTLEMENTS FUND 
SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a fund, to be known as the ‘‘Reclamation Water 
Settlements Fund’’, consisting of— 
(1) such amounts as are deposited to the Fund under 
subsection (b); and 
(2) any interest earned on investment of amounts in the 
Fund under subsection (d). 
(b) DEPOSITS TO FUND.— 
(1) IN GENERAL.—For each of fiscal years 2020 through 
2029, the Secretary of the Treasury shall deposit in the Fund, 
if available, $120,000,000 of the revenues that would otherwise 
be deposited for the fiscal year in the fund established by 
the first section of the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093). 
(2) AVAILABILITY OF AMOUNTS.—Amounts deposited in the 
Fund under paragraph (1) shall be made available pursuant 
to this section— 
(A) without further appropriation; and 
(B) in addition to amounts appropriated pursuant to 
any authorization contained in any other provision of law. 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.— 
(A) EXPENDITURES.—Subject to subparagraph (B), for 
each of fiscal years 2020 through 2034, the Secretary may 
expend from the Fund an amount not to exceed 
$120,000,000, plus the interest accrued in the Fund, for 
the fiscal year in which expenditures are made pursuant 
to paragraphs (2) and (3). 
43 USC 407. 
43 USC 620 note. 
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123 STAT. 1376 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) ADDITIONAL
EXPENDITURES.—The Secretary may 
expend more than $120,000,000 for any fiscal year if such 
amounts are available in the Fund due to expenditures 
not reaching $120,000,000 for prior fiscal years. 
(2) AUTHORITY.—The Secretary may expend money from 
the Fund to implement a settlement agreement approved by 
Congress that resolves, in whole or in part, litigation involving 
the United States, if the settlement agreement or implementing 
legislation requires the Bureau of Reclamation to provide finan-
cial assistance for, or plan, design, and construct— 
(A) water supply infrastructure; or 
(B) a project— 
(i) to rehabilitate a water delivery system to con-
serve water; or 
(ii) to restore fish and wildlife habitat or otherwise 
improve environmental conditions associated with or 
affected by, or located within the same river basin 
as, a Federal reclamation project that is in existence 
on the date of enactment of this Act. 
(3) USE FOR COMPLETION OF PROJECT AND OTHER SETTLE-
MENTS.— 
(A) PRIORITIES.— 
(i) FIRST PRIORITY.— 
(I) IN GENERAL.—The first priority for expendi-
ture of amounts in the Fund during the entire 
period in which the Fund is in existence shall 
be for the purposes described in, and in the order 
of, clauses (i) through (iv) of subparagraph (B). 
(II) RESERVED AMOUNTS.—The Secretary shall 
reserve and use amounts deposited into the Fund 
in accordance with subclause (I). 
(ii) OTHER PURPOSES.—Any amounts in the Fund 
that are not needed for the purposes described in 
subparagraph (B) may be used for other purposes 
authorized in paragraph (2). 
(B) COMPLETION OF PROJECT.— 
(i) NAVAJO-GALLUP WATER SUPPLY PROJECT.— 
(I) IN
GENERAL.—Subject to subclause (II), 
effective beginning January 1, 2020, if, in the judg-
ment of the Secretary on an annual basis the 
deadline described in section 10701(e)(1)(A)(ix) is 
unlikely to be met because a sufficient amount 
of funding is not otherwise available through 
appropriations made available pursuant to section 
10609(a), the Secretary shall expend from the 
Fund such amounts on an annual basis consistent 
with paragraphs (1) and (2), as are necessary to 
pay the Federal share of the costs, and substan-
tially complete as expeditiously as practicable, the 
construction of the water supply infrastructure 
authorized as part of the Project. 
(II) MAXIMUM AMOUNT.— 
(aa) IN
GENERAL.—Except as provided 
under item (bb), the amount expended under 
subclause (I) shall not exceed $500,000,000 
for the period of fiscal years 2020 through 
2029. 
Effective dates. 
Deadlines. 
Expenditures. 
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123 STAT. 1377 
PUBLIC LAW 111–11—MAR. 30, 2009 
(bb) EXCEPTION.—The limitation on the 
expenditure amount under item (aa) may be 
exceeded during the entire period in which 
the Fund is in existence if such additional 
funds can be expended without limiting the 
amounts identified in clauses (ii) through (iv). 
(ii) OTHER NEW MEXICO SETTLEMENTS.— 
(I) IN
GENERAL.—Subject to subclause (II), 
effective beginning January 1, 2020, in addition 
to the funding made available under clause (i), 
if in the judgment of the Secretary on an annual 
basis a sufficient amount of funding is not other-
wise available through annual appropriations, the 
Secretary shall expend from the Fund such 
amounts on an annual basis consistent with para-
graphs (1) and (2), as are necessary to pay the 
Federal share of the remaining costs of imple-
menting the Indian water rights settlement agree-
ments entered into by the State of New Mexico 
in the Aamodt adjudication and the Abeyta adju-
dication, if such settlements are subsequently 
approved and authorized by an Act of Congress 
and the implementation period has not already 
expired. 
(II) 
MAXIMUM
AMOUNT.—The 
amount 
expended under subclause (I) shall not exceed 
$250,000,000. 
(iii) MONTANA SETTLEMENTS.— 
(I) IN
GENERAL.—Subject to subclause (II), 
effective beginning January 1, 2020, in addition 
to funding made available pursuant to clauses (i) 
and (ii), if in the judgment of the Secretary on 
an annual basis a sufficient amount of funding 
is not otherwise available through annual appro-
priations, the Secretary shall expend from the 
Fund such amounts on an annual basis consistent 
with paragraphs (1) and (2), as are necessary to 
pay the Federal share of the remaining costs of 
implementing Indian water rights settlement 
agreements entered into by the State of Montana 
with the Blackfeet Tribe, the Crow Tribe, or the 
Gros Ventre and Assiniboine Tribes of the Fort 
Belknap Indian Reservation in the judicial pro-
ceeding entitled ‘‘In re the General Adjudication 
of All the Rights to Use Surface and Groundwater 
in the State of Montana’’, if a settlement or settle-
ments are subsequently approved and authorized 
by an Act of Congress and the implementation 
period has not already expired. 
(II) MAXIMUM AMOUNT.— 
(aa) IN
GENERAL.—Except as provided 
under item (bb), the amount expended under 
subclause (I) shall not exceed $350,000,000 
for the period of fiscal years 2020 through 
2029. 
(bb) EXCEPTION.—The limitation on the 
expenditure amount under item (aa) may be 
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123 STAT. 1378 
PUBLIC LAW 111–11—MAR. 30, 2009 
exceeded during the entire period in which 
the Fund is in existence if such additional 
funds can be expended without limiting the 
amounts identified in clause (i), (ii), and (iv). 
(cc) OTHER FUNDING.—The Secretary shall 
ensure that any funding under this clause 
shall be provided in a manner that does not 
limit the funding available pursuant to clauses 
(i) and (ii). 
(iv) ARIZONA SETTLEMENT.— 
(I) IN
GENERAL.—Subject to subclause (II), 
effective beginning January 1, 2020, in addition 
to funding made available pursuant to clauses (i), 
(ii), and (iii), if in the judgment of the Secretary 
on an annual basis a sufficient amount of funding 
is not otherwise available through annual appro-
priations, the Secretary shall expend from the 
Fund such amounts on an annual basis consistent 
with paragraphs (1) and (2), as are necessary to 
pay the Federal share of the remaining costs of 
implementing an Indian water rights settlement 
agreement entered into by the State of Arizona 
with the Navajo Nation to resolve the water rights 
claims of the Nation in the Lower Colorado River 
basin in Arizona, if a settlement is subsequently 
approved and authorized by an Act of Congress 
and the implementation period has not already 
expired. 
(II) MAXIMUM AMOUNT.— 
(aa) IN
GENERAL.—Except as provided 
under item (bb), the amount expended under 
subclause (I) shall not exceed $100,000,000 
for the period of fiscal years 2020 through 
2029. 
(bb) EXCEPTION.—The limitation on the 
expenditure amount under item (aa) may be 
exceeded during the entire period in which 
the Fund is in existence if such additional 
funds can be expended without limiting the 
amounts identified in clauses (i) through (iii). 
(cc) OTHER FUNDING.—The Secretary shall 
ensure that any funding under this clause 
shall be provided in a manner that does not 
limit the funding available pursuant to clauses 
(i) and (ii). 
(C) REVERSION.—If the settlements described in clauses 
(ii) through (iv) of subparagraph (B) have not been 
approved and authorized by an Act of Congress by 
December 31, 2019, the amounts reserved for the settle-
ments shall no longer be reserved by the Secretary pursu-
ant to subparagraph (A)(i) and shall revert to the Fund 
for any authorized use, as determined by the Secretary. 
(d) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary shall invest such portion 
of the Fund as is not, in the judgment of the Secretary, required 
to meet current withdrawals. 
Deadline. 
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123 STAT. 1379 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) CREDITS TO FUND.—The interest on, and the proceeds 
from the sale or redemption of, any obligations held in the 
Fund shall be credited to, and form a part of, the Fund. 
(e) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be transferred 
to the Fund under this section shall be transferred at least 
monthly from the general fund of the Treasury to the Fund 
on the basis of estimates made by the Secretary of the Treasury. 
(2) ADJUSTMENTS.—Proper adjustment shall be made in 
amounts subsequently transferred to the extent prior estimates 
were in excess of or less than the amounts required to be 
transferred. 
(f) TERMINATION.—On September 30, 2034— 
(1) the Fund shall terminate; and 
(2) the unexpended and unobligated balance of the Fund 
shall be transferred to the appropriate fund of the Treasury. 
PART III—NAVAJO-GALLUP WATER SUPPLY 
PROJECT 
SEC. 10601. PURPOSES. 
The purposes of this part are— 
(1) to authorize the Secretary to construct, operate, and 
maintain the Navajo-Gallup Water Supply Project; 
(2) to allocate the capacity of the Project among the Nation, 
the City, and the Jicarilla Apache Nation; and 
(3) to authorize the Secretary to enter into Project repay-
ment contracts with the City and the Jicarilla Apache Nation. 
SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY 
PROJECT. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner of Reclamation, is authorized to design, construct, operate, 
and maintain the Project in substantial accordance with the pre-
ferred alternative in the Draft Impact Statement. 
(b) PROJECT FACILITIES.—To provide for the delivery of San 
Juan River water to Project Participants, the Secretary may con-
struct, operate, and maintain the Project facilities described in 
the preferred alternative in the Draft Impact Statement, including: 
(1) A pumping plant on the San Juan River in the vicinity 
of Kirtland, New Mexico. 
(2)(A) A main pipeline from the San Juan River near 
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, 
New Mexico, which follows United States Highway 491. 
(B) Any pumping plants associated with the pipeline 
authorized under subparagraph (A). 
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, 
New Mexico, which follows United States Highway 550. 
(B) Any pumping plants associated with the pipeline 
authorized under subparagraph (A). 
(4)(A) Lateral pipelines from the main pipelines to Nation 
communities in the States of New Mexico and Arizona. 
(B) Any pumping plants associated with the pipelines 
authorized under subparagraph (A). 
(5) Any water regulation, storage or treatment facility, 
service connection to an existing public water supply system, 
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123 STAT. 1380 
PUBLIC LAW 111–11—MAR. 30, 2009 
power substation, power distribution works, or other appur-
tenant works (including a building or access road) that is 
related to the Project facilities authorized by paragraphs (1) 
through (4), including power transmission facilities and associ-
ated wheeling services to connect Project facilities to existing 
high-voltage transmission facilities and deliver power to the 
Project. 
(c) ACQUISITION OF LAND.— 
(1) IN GENERAL.—The Secretary is authorized to acquire 
any land or interest in land that is necessary to construct, 
operate, and maintain the Project facilities authorized under 
subsection (b). 
(2) LAND OF THE PROJECT PARTICIPANTS.—As a condition 
of construction of the facilities authorized under this part, 
the Project Participants shall provide all land or interest in 
land, as appropriate, that the Secretary identifies as necessary 
for acquisition under this subsection at no cost to the Secretary. 
(3) LIMITATION.—The Secretary may not condemn water 
rights for purposes of the Project. 
(d) CONDITIONS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary shall not commence construction of the facilities 
authorized under subsection (b) until such time as— 
(A) the Secretary executes the Agreement and the Con-
tract; 
(B) the contracts authorized under section 10604 are 
executed; 
(C) the Secretary— 
(i) completes an environmental impact statement 
for the Project; and 
(ii) has issued a record of decision that provides 
for a preferred alternative; and 
(D) the Secretary has entered into an agreement with 
the State of New Mexico under which the State of New 
Mexico will provide a share of the construction costs of 
the Project of not less than $50,000,000, except that the 
State of New Mexico shall receive credit for funds the 
State has contributed to construct water conveyance facili-
ties to the Project Participants to the extent that the facili-
ties reduce the cost of the Project as estimated in the 
Draft Impact Statement. 
(2) EXCEPTION.—If the Jicarilla Apache Nation elects not 
to enter into a contract pursuant to section 10604, the Sec-
retary, after consulting with the Nation, the City, and the 
State of New Mexico acting through the Interstate Stream 
Commission, may make appropriate modifications to the scope 
of the Project and proceed with Project construction if all other 
conditions for construction have been satisfied. 
(3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION 
ASSISTANCE
ACT.—The Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) shall not apply 
to the design, construction, operation, maintenance, or replace-
ment of the Project. 
(e) POWER.—The Secretary shall reserve, from existing reserva-
tions of Colorado River Storage Project power for Bureau of Rec-
lamation projects, up to 26 megawatts of power for use by the 
Project. 
Contracts. 
Consultation. 
Contracts. 
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123 STAT. 1381 
PUBLIC LAW 111–11—MAR. 30, 2009 
(f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.— 
(1) IN GENERAL.—The Secretary is authorized to enter into 
separate agreements with the City and the Nation and, on 
entering into the agreements, shall convey title to each Project 
facility or section of a Project facility authorized under sub-
section (b) (including any appropriate interests in land) to the 
City and the Nation after— 
(A) completion of construction of a Project facility or 
a section of a Project facility that is operating and deliv-
ering water; and 
(B) execution of a Project operations agreement 
approved by the Secretary and the Project Participants 
that sets forth— 
(i) any terms and conditions that the Secretary 
determines are necessary— 
(I) to ensure the continuation of the intended 
benefits of the Project; and 
(II) to fulfill the purposes of this part; 
(ii) requirements acceptable to the Secretary and 
the Project Participants for— 
(I) the distribution of water under the Project 
or section of a Project facility; and 
(II) the allocation and payment of annual oper-
ation, maintenance, and replacement costs of the 
Project or section of a Project facility based on 
the proportionate uses of Project facilities; and 
(iii) conditions and requirements acceptable to the 
Secretary and the Project Participants for operating 
and maintaining each Project facility on completion 
of the conveyance of title, including the requirement 
that the City and the Nation shall— 
(I) comply with— 
(aa) the Compact; and 
(bb) other applicable law; and 
(II) be responsible for— 
(aa) the operation, maintenance, and 
replacement of each Project facility; and 
(bb) the accounting and management of 
water conveyance and Project finances, as nec-
essary to administer and fulfill the conditions 
of 
the 
Contract 
executed 
under 
section 
10604(a)(2)(B). 
(2) EFFECT OF CONVEYANCE.—The conveyance of title to 
each Project facility shall not affect the application of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating 
to the use of the water associated with the Project. 
(3) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of the convey-
ance authorized by this subsection, the United States shall 
not be held liable by any court for damages of any kind 
arising out of any act, omission, or occurrence relating 
to the land, buildings, or facilities conveyed under this 
subsection, other than damages caused by acts of negligence 
committed by the United States, or by employees or agents 
of the United States, prior to the date of conveyance. 
Compliance. 
Contracts. 
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123 STAT. 1382 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) TORT CLAIMS.—Nothing in this section increases 
the liability of the United States beyond the liability pro-
vided in chapter 171 of title 28, United States Code (com-
monly known as the ‘‘Federal Tort Claims Act’’). 
(4) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 
days before the date of a proposed conveyance of title to any 
Project facility, the Secretary shall submit to the Committee 
on Resources of the House of Representatives and to the Com-
mittee on Energy and Natural Resources of the Senate notice 
of the conveyance of each Project facility. 
(g) COLORADO RIVER STORAGE PROJECT POWER.—The convey-
ance of Project facilities under subsection (f) shall not affect the 
availability of Colorado River Storage Project power to the Project 
under subsection (e). 
(h) REGIONAL USE OF PROJECT FACILITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), Project facilities 
constructed under subsection (b) may be used to treat and 
convey non-Project water or water that is not allocated by 
subsection 10603(b) if— 
(A) capacity is available without impairing any water 
delivery to a Project Participant; and 
(B) the unallocated or non-Project water beneficiary— 
(i) has the right to use the water; 
(ii) agrees to pay the operation, maintenance, and 
replacement costs assignable to the beneficiary for the 
use of the Project facilities; and 
(iii) agrees to pay an appropriate fee that may 
be established by the Secretary to assist in the recovery 
of any capital cost allocable to that use. 
(2) EFFECT OF PAYMENTS.—Any payments to the United 
States or the Nation for the use of unused capacity under 
this subsection or for water under any subcontract with the 
Nation or the Jicarilla Apache Nation shall not alter the 
construction repayment requirements or the operation, mainte-
nance, and replacement payment requirements of the Project 
Participants. 
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY 
PROJECT WATER. 
(a) USE OF PROJECT WATER.— 
(1) IN GENERAL.—In accordance with this subtitle and other 
applicable law, water supply from the Project shall be used 
for municipal, industrial, commercial, domestic, and stock 
watering purposes. 
(2) USE ON CERTAIN LAND.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
Nation may use Project water allocations on— 
(i) land held by the United States in trust for 
the Nation and members of the Nation; and 
(ii) land held in fee by the Nation. 
(B) TRANSFER.—The Nation may transfer the purposes 
and places of use of the allocated water in accordance 
with the Agreement and applicable law. 
(3) HYDROELECTRIC POWER.— 
(A) IN
GENERAL.—Hydroelectric power may be gen-
erated as an incident to the delivery of Project water for 
authorized purposes under paragraph (1). 
Payments. 
Deadline. 
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123 STAT. 1383 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) 
ADMINISTRATION.—Notwithstanding 
any 
other 
provision of law— 
(i) any hydroelectric power generated under this 
paragraph shall be used or marketed by the Nation; 
(ii) the Nation shall retain any revenues from the 
sale of the hydroelectric power; and 
(iii) the United States shall have no trust obliga-
tion or other obligation to monitor, administer, or 
account for the revenues received by the Nation, or 
the expenditure of the revenues. 
(4) STORAGE.— 
(A) IN
GENERAL.—Subject to subparagraph (B), any 
water contracted for delivery under paragraph (1) that 
is not needed for current water demands or uses may 
be delivered by the Project for placement in underground 
storage in the State of New Mexico for future recovery 
and use. 
(B) 
STATE
APPROVAL.—Delivery 
of 
water 
under 
subparagraph (A) is subject to— 
(i) approval by the State of New Mexico under 
applicable provisions of State law relating to aquifer 
storage and recovery; and 
(ii) the provisions of the Agreement and this sub-
title. 
(b) PROJECT WATER AND CAPACITY ALLOCATIONS.— 
(1) DIVERSION.—Subject to availability and consistent with 
Federal and State law, the Project may divert from the Navajo 
Reservoir and the San Juan River a quantity of water to 
be allocated and used consistent with the Agreement and this 
subtitle, that does not exceed in any 1 year, the lesser of— 
(A) 37,760 acre-feet of water; or 
(B) the quantity of water necessary to supply a deple-
tion from the San Juan River of 35,890 acre-feet. 
(2) PROJECT DELIVERY CAPACITY ALLOCATIONS.— 
(A) IN
GENERAL.—The capacity of the Project shall 
be allocated to the Project Participants in accordance with 
subparagraphs (B) through (E), other provisions of this 
subtitle, and other applicable law. 
(B) DELIVERY
CAPACITY
ALLOCATION
TO
THE
CITY.— 
The Project may deliver at the point of diversion from 
the San Juan River not more than 7,500 acre-feet of water 
in any 1 year for which the City has secured rights for 
the use of the City. 
(C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION 
COMMUNITIES IN NEW MEXICO.—For use by the Nation in 
the State of New Mexico, the Project may deliver water 
out of the water rights held by the Secretary for the Nation 
and confirmed under this subtitle, at the points of diversion 
from the San Juan River or at Navajo Reservoir in any 
1 year, the lesser of— 
(i) 22,650 acre-feet of water; or 
(ii) the quantity of water necessary to supply a 
depletion from the San Juan River of 20,780 acre- 
feet of water. 
(D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION 
COMMUNITIES IN ARIZONA.—Subject to subsection (c), the 
Project may deliver at the point of diversion from the 
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123 STAT. 1384 
PUBLIC LAW 111–11—MAR. 30, 2009 
San Juan River not more than 6,411 acre-feet of water 
in any 1 year for use by the Nation in the State of Arizona. 
(E) DELIVERY
CAPACITY
ALLOCATION
TO
JICARILLA 
APACHE NATION.—The Project may deliver at Navajo Res-
ervoir not more than 1,200 acre-feet of water in any 1 
year of the water rights of the Jicarilla Apache Nation, 
held by the Secretary and confirmed by the Jicarilla Apache 
Tribe Water Rights Settlement Act (Public Law 102–441; 
106 Stat. 2237), for use by the Jicarilla Apache Nation 
in the southern portion of the Jicarilla Apache Nation 
Reservation in the State of New Mexico. 
(3) USE
IN
EXCESS
OF
DELIVERY
CAPACITY
ALLOCATION 
QUANTITY.—Notwithstanding each delivery capacity allocation 
quantity limit described in subparagraphs (B), (C), and (E) 
of paragraph (2), the Secretary may authorize a Project Partici-
pant to exceed the delivery capacity allocation quantity limit 
of that Project Participant if— 
(A) delivery capacity is available without impairing 
any water delivery to any other Project Participant; and 
(B) the Project Participant benefitting from the 
increased allocation of delivery capacity— 
(i) has the right under applicable law to use the 
additional water; 
(ii) agrees to pay the operation, maintenance, and 
replacement costs relating to the additional use of any 
Project facility; and 
(iii) agrees, if the Project title is held by the Sec-
retary, to pay a fee established by the Secretary to 
assist in recovering capital costs relating to that addi-
tional use. 
(c) CONDITIONS FOR USE IN ARIZONA.— 
(1) REQUIREMENTS.—Project water shall not be delivered 
for use by any community of the Nation located in the State 
of Arizona under subsection (b)(2)(D) until— 
(A) the Nation and the State of Arizona have entered 
into a water rights settlement agreement approved by an 
Act of Congress that settles and waives the Nation’s claims 
to water in the Lower Basin and the Little Colorado River 
Basin in the State of Arizona, including those of the United 
States on the Nation’s behalf; and 
(B) the Secretary and the Navajo Nation have entered 
into a Navajo Reservoir water supply delivery contract 
for the physical delivery and diversion of water via the 
Project from the San Juan River system to supply uses 
in the State of Arizona. 
(2) ACCOUNTING OF USES IN ARIZONA.— 
(A) IN GENERAL.—Pursuant to paragraph (1) and not-
withstanding any other provision of law, water may be 
diverted by the Project from the San Juan River in the 
State of New Mexico in accordance with an appropriate 
permit issued under New Mexico law for use in the State 
of Arizona within the Navajo Reservation in the Lower 
Basin; provided that any depletion of water that results 
from the diversion of water by the Project from the San 
Juan River in the State of New Mexico for uses within 
the State of Arizona (including depletion incidental to the 
diversion, impounding, or conveyance of water in the State 
Waiver. 
Contracts. 
Fees. 
Payments. 
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123 STAT. 1385 
PUBLIC LAW 111–11—MAR. 30, 2009 
of New Mexico for uses in the State of Arizona) shall 
be administered and accounted for as either— 
(i) a part of, and charged against, the available 
consumptive use apportionment made to the State of 
Arizona by Article III(a) of the Compact and to the 
Upper Basin by Article III(a) of the Colorado River 
Compact, in which case any water so diverted by the 
Project into the Lower Basin for use within the State 
of Arizona shall not be credited as water reaching 
Lee Ferry pursuant to Article III(c) and III(d) of the 
Colorado River Compact; or 
(ii) subject to subparagraph (B), a part of, and 
charged against, the consumptive use apportionment 
made to the Lower Basin by Article III(a) of the Colo-
rado River Compact, in which case it shall— 
(I) be a part of the Colorado River water that 
is apportioned to the State of Arizona in Article 
II(B) of the Consolidated Decree of the Supreme 
Court of the United States in Arizona v. California 
(547 U.S. 150) (as may be amended or supple-
mented); 
(II) be credited as water reaching Lee Ferry 
pursuant to Article III(c) and III(d) of the Colorado 
River Compact; and 
(III) be accounted as the water identified in 
section 104(a)(1)(B)(ii) of the Arizona Water Settle-
ments Act, (118 Stat. 3478). 
(B) 
LIMITATION.—Notwithstanding 
subparagraph 
(A)(ii), no water diverted by the Project shall be accounted 
for pursuant to subparagraph (A)(ii) until such time that— 
(i) the Secretary has developed and, as necessary 
and appropriate, modified, in consultation with the 
Upper Colorado River Commission and the Governors’ 
Representatives on Colorado River Operations from 
each State signatory to the Colorado River Compact, 
all operational and decisional criteria, policies, con-
tracts, guidelines or other documents that control the 
operations of the Colorado River System reservoirs and 
diversion works, so as to adjust, account for, and offset 
the diversion of water apportioned to the State of 
Arizona, pursuant to the Boulder Canyon Project Act 
(43 U.S.C. 617 et seq.), from a point of diversion on 
the San Juan River in New Mexico; provided that 
all such modifications shall be consistent with the 
provisions of this Section, and the modifications made 
pursuant to this clause shall be applicable only for 
the duration of any such diversions pursuant to section 
10603(c)(2)(A)(ii); and 
(ii) Article II(B) of the Decree of the Supreme 
Court of the United States in Arizona v. California 
(547 U.S. 150 as may be amended or supplemented) 
is administered so that diversions from the main 
stream for the Central Arizona Project, as served under 
existing contracts with the United States by diversion 
works heretofore constructed, shall be limited and 
reduced to offset any diversions made pursuant to sec-
tion 10603(c)(2)(A)(ii) of this Act. This clause shall 
Applicability. 
Criteria. 
Policies. 
Contracts. 
Guidelines. 
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123 STAT. 1386 
PUBLIC LAW 111–11—MAR. 30, 2009 
not affect, in any manner, the amount of water appor-
tioned to Arizona pursuant to the Boulder Canyon 
Project Act (43 U.S.C. 617 et seq.), or amend any 
provisions of said decree or the Colorado River Basin 
Project Act (43 U.S.C. 1501 et. seq.). 
(3) UPPER BASIN PROTECTIONS.— 
(A) CONSULTATIONS.—Henceforth, in any consultation 
pursuant to 16 U.S.C. 1536(a) with respect to water 
development in the San Juan River Basin, the Secretary 
shall confer with the States of Colorado and New Mexico, 
consistent with the provisions of section 5 of the ‘‘Principles 
for Conducting Endangered Species Act Section 7 Consulta-
tions on Water Development and Water Management 
Activities Affecting Endangered Fish Species in the San 
Juan River Basin’’ as adopted by the Coordination Com-
mittee, San Juan River Basin Recovery Implementation 
Program, on June 19, 2001, and as may be amended or 
modified. 
(B) PRESERVATION OF EXISTING RIGHTS.—Rights to the 
consumptive use of water available to the Upper Basin 
from the Colorado River System under the Colorado River 
Compact and the Compact shall not be reduced or preju-
diced by any use of water pursuant to subsection 10603(c). 
Nothing in this Act shall be construed so as to impair, 
conflict with, or otherwise change the duties and powers 
of the Upper Colorado River Commission. 
(d) FORBEARANCE.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), during 
any year in which a shortage to the normal diversion require-
ment for any use relating to the Project within the State 
of Arizona occurs (as determined under section 11 of Public 
Law 87–483 (76 Stat. 99)), the Nation may temporarily forbear 
the delivery of the water supply of the Navajo Reservoir for 
uses in the State of New Mexico under the apportionments 
of water to the Navajo Indian Irrigation Project and the normal 
diversion requirements of the Project to allow an equivalent 
quantity of water to be delivered from the Navajo Reservoir 
water supply for municipal and domestic uses of the Nation 
in the State of Arizona under the Project. 
(2) LIMITATION OF FORBEARANCE.—The Nation may fore-
bear the delivery of water under paragraph (1) of a quantity 
not exceeding the quantity of the shortage to the normal diver-
sion requirement for any use relating to the Project within 
the State of Arizona. 
(3) EFFECT.—The forbearance of the delivery of water under 
paragraph (1) shall be subject to the requirements in subsection 
(c). 
(e) EFFECT.—Nothing in this subtitle— 
(1) authorizes the marketing, leasing, or transfer of the 
water supplies made available to the Nation under the Contract 
to non-Navajo water users in States other than the State of 
New Mexico; or 
(2) authorizes the forbearance of water uses in the State 
of New Mexico to allow uses of water in other States other 
than as authorized under subsection (d). 
(f) COLORADO RIVER COMPACTS.—Notwithstanding any other 
provision of law— 
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123 STAT. 1387 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) water may be diverted by the Project from the San 
Juan River in the State of New Mexico for use within New 
Mexico in the lower basin, as that term is used in the Colorado 
River Compact; 
(2) any water diverted under paragraph (1) shall be a 
part of, and charged against, the consumptive use apportion-
ment made to the State of New Mexico by Article III(a) of 
the Compact and to the upper basin by Article III(a) of the 
Colorado River Compact; and 
(3) any water so diverted by the Project into the lower 
basin within the State of New Mexico shall not be credited 
as water reaching Lee Ferry pursuant to Articles III(c) and 
III(d) of the Colorado River Compact. 
(g) PAYMENT OF OPERATION, MAINTENANCE, AND REPLACEMENT 
COSTS.— 
(1) IN GENERAL.—The Secretary is authorized to pay the 
operation, maintenance, and replacement costs of the Project 
allocable to the Project Participants under section 10604 until 
the date on which the Secretary declares any section of the 
Project to be substantially complete and delivery of water gen-
erated by, and through, that section of the Project can be 
made to a Project participant. 
(2) PROJECT
PARTICIPANT
PAYMENTS.—Beginning on the 
date described in paragraph (1), each Project Participant shall 
pay all allocated operation, maintenance, and replacement costs 
for that substantially completed section of the Project, in accord-
ance with contracts entered into pursuant to section 10604, 
except as provided in section 10604(f). 
(h) NO PRECEDENT.—Nothing in this Act shall be construed 
as authorizing or establishing a precedent for any type of transfer 
of Colorado River System water between the Upper Basin and 
Lower Basin. Nor shall anything in this Act be construed as 
expanding the Secretary’s authority in the Upper Basin. 
(i) UNIQUE SITUATION.—Diversions by the Project consistent 
with this section address critical tribal and non-Indian water supply 
needs under unique circumstances, which include, among other 
things— 
(1) the intent to benefit an American Indian tribe; 
(2) the Navajo Nation’s location in both the Upper and 
Lower Basin; 
(3) the intent to address critical Indian water needs in 
the State of Arizona and Indian and non-Indian water needs 
in the State of New Mexico, 
(4) the location of the Navajo Nation’s capital city of 
Window Rock in the State of Arizona in close proximity to 
the border of the State of New Mexico and the pipeline route 
for the Project; 
(5) the lack of other reasonable options available for devel-
oping a firm, sustainable supply of municipal water for the 
Navajo Nation at Window Rock in the State of Arizona; and 
(6) the limited volume of water to be diverted by the 
Project to supply municipal uses in the Window Rock area 
in the State of Arizona. 
(j) CONSENSUS.—Congress notes the consensus of the Governors’ 
Representatives on Colorado River Operations of the States that 
are signatory to the Colorado River Compact regarding the diver-
sions authorized for the Project under this section. 
Effective date. 
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123 STAT. 1388 
PUBLIC LAW 111–11—MAR. 30, 2009 
(k) EFFICIENT USE.—The diversions and uses authorized for 
the Project under this Section represent unique and efficient uses 
of Colorado River apportionments in a manner that Congress has 
determined would be consistent with the obligations of the United 
States to the Navajo Nation. 
SEC. 10604. PROJECT CONTRACTS. 
(a) NAVAJO NATION CONTRACT.— 
(1) HYDROLOGIC
DETERMINATION.—Congress recognizes 
that the Hydrologic Determination necessary to support 
approval of the Contract has been completed. 
(2) CONTRACT APPROVAL.— 
(A) APPROVAL.— 
(i) IN GENERAL.—Except to the extent that any 
provision of the Contract conflicts with this subtitle, 
Congress approves, ratifies, and confirms the Contract. 
(ii) AMENDMENTS.—To the extent any amendment 
is executed to make the Contract consistent with this 
subtitle, that amendment is authorized, ratified, and 
confirmed. 
(B) EXECUTION OF CONTRACT.—The Secretary, acting 
on behalf of the United States, shall enter into the Contract 
to the extent that the Contract does not conflict with this 
subtitle (including any amendment that is required to make 
the Contract consistent with this subtitle). 
(3) NONREIMBURSABILITY OF ALLOCATED COSTS.—The fol-
lowing costs shall be nonreimbursable and not subject to repay-
ment by the Nation or any other Project beneficiary: 
(A) Any share of the construction costs of the Nation 
relating to the Project authorized by section 10602(a). 
(B) Any costs relating to the construction of the Navajo 
Indian Irrigation Project that may otherwise be allocable 
to the Nation for use of any facility of the Navajo Indian 
Irrigation Project to convey water to each Navajo commu-
nity under the Project. 
(C) Any costs relating to the construction of Navajo 
Dam that may otherwise be allocable to the Nation for 
water deliveries under the Contract. 
(4) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGA-
TION.—Subject to subsection (f), the Contract shall include 
provisions under which the Nation shall pay any costs relating 
to the operation, maintenance, and replacement of each facility 
of the Project that are allocable to the Nation. 
(5) LIMITATION, CANCELLATION, TERMINATION, AND RESCIS-
SION.—The Contract may be limited by a term of years, can-
celed, terminated, or rescinded only by an Act of Congress. 
(b) CITY OF GALLUP CONTRACT.— 
(1) CONTRACT AUTHORIZATION.—Consistent with this sub-
title, the Secretary is authorized to enter into a repayment 
contract with the City that requires the City— 
(A) to repay, within a 50-year period, the share of 
the construction costs of the City relating to the Project, 
with interest as provided under section 10305; and 
(B) consistent with section 10603(g), to pay the oper-
ation, maintenance, and replacement costs of the Project 
that are allocable to the City. 
(2) CONTRACT PREPAYMENT.— 
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123 STAT. 1389 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) IN GENERAL.—The contract authorized under para-
graph (1) may allow the City to satisfy the repayment 
obligation of the City for construction costs of the Project 
on the payment of the share of the City prior to the initi-
ation of construction. 
(B) AMOUNT.—The amount of the share of the City 
described in subparagraph (A) shall be determined by 
agreement between the Secretary and the City. 
(C) REPAYMENT OBLIGATION.—Any repayment obliga-
tion established by the Secretary and the City pursuant 
to subparagraph (A) shall be subject to a final cost alloca-
tion by the Secretary on project completion and to the 
limitations set forth in paragraph (3). 
(3) SHARE OF CONSTRUCTION COSTS.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary shall determine the share of the construction costs 
of the Project allocable to the City and establish the 
percentage of the allocated construction costs that the City 
shall be required to repay pursuant to the contract entered 
into under paragraph (1), based on the ability of the City 
to pay. 
(B) MINIMUM PERCENTAGE.—Notwithstanding subpara-
graph (A), the repayment obligation of the City shall be 
at least 25 percent of the construction costs of the Project 
that are allocable to the City, but shall in no event exceed 
35 percent. 
(4) EXCESS CONSTRUCTION COSTS.—Any construction costs 
of the Project allocable to the City in excess of the repayment 
obligation of the City, as determined under paragraph (3), 
shall be nonreimbursable. 
(5) GRANT FUNDS.—A grant from any other Federal source 
shall not be credited toward the amount required to be repaid 
by the City under a repayment contract. 
(6) TITLE
TRANSFER.—If title is transferred to the City 
prior to repayment under section 10602(f), the City shall be 
required to provide assurances satisfactory to the Secretary 
of fulfillment of the remaining repayment obligation of the 
City. 
(7) WATER DELIVERY SUBCONTRACT.—The Secretary shall 
not enter into a contract under paragraph (1) with the City 
until the City has secured a water supply for the City’s portion 
of the Project described in section 10603(b)(2)(B), by entering 
into, as approved by the Secretary, a water delivery subcontract 
for a period of not less than 40 years beginning on the date 
on which the construction of any facility of the Project serving 
the City is completed, with— 
(A) the Nation, as authorized by the Contract; 
(B) the Jicarilla Apache Nation, as authorized by the 
settlement contract between the United States and the 
Jicarilla Apache Tribe, authorized by the Jicarilla Apache 
Tribe Water Rights Settlement Act (Public Law 102–441; 
106 Stat. 2237); or 
(C) an acquired alternate source of water, subject to 
approval of the Secretary and the State of New Mexico, 
acting through the New Mexico Interstate Stream Commis-
sion and the New Mexico State Engineer. 
(c) JICARILLA APACHE NATION CONTRACT.— 
Effective date. 
Determination. 
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123 STAT. 1390 
PUBLIC LAW 111–11—MAR. 30, 2009 
(1) CONTRACT AUTHORIZATION.—Consistent with this sub-
title, the Secretary is authorized to enter into a repayment 
contract with the Jicarilla Apache Nation that requires the 
Jicarilla Apache Nation— 
(A) to repay, within a 50-year period, the share of 
any construction cost of the Jicarilla Apache Nation 
relating to the Project, with interest as provided under 
section 10305; and 
(B) consistent with section 10603(g), to pay the oper-
ation, maintenance, and replacement costs of the Project 
that are allocable to the Jicarilla Apache Nation. 
(2) CONTRACT PREPAYMENT.— 
(A) IN GENERAL.—The contract authorized under para-
graph (1) may allow the Jicarilla Apache Nation to satisfy 
the repayment obligation of the Jicarilla Apache Nation 
for construction costs of the Project on the payment of 
the share of the Jicarilla Apache Nation prior to the initi-
ation of construction. 
(B) AMOUNT.—The amount of the share of Jicarilla 
Apache Nation described in subparagraph (A) shall be 
determined by agreement between the Secretary and the 
Jicarilla Apache Nation. 
(C) REPAYMENT OBLIGATION.—Any repayment obliga-
tion established by the Secretary and the Jicarilla Apache 
Nation pursuant to subparagraph (A) shall be subject to 
a final cost allocation by the Secretary on project completion 
and to the limitations set forth in paragraph (3). 
(3) SHARE OF CONSTRUCTION COSTS.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary shall determine the share of the construction costs 
of the Project allocable to the Jicarilla Apache Nation and 
establish the percentage of the allocated construction costs 
of the Jicarilla Apache Nation that the Jicarilla Apache 
Nation shall be required to repay based on the ability 
of the Jicarilla Apache Nation to pay. 
(B) MINIMUM PERCENTAGE.—Notwithstanding subpara-
graph (A), the repayment obligation of the Jicarilla Apache 
Nation shall be at least 25 percent of the construction 
costs of the Project that are allocable to the Jicarilla Apache 
Nation, but shall in no event exceed 35 percent. 
(4) EXCESS CONSTRUCTION COSTS.—Any construction costs 
of the Project allocable to the Jicarilla Apache Nation in excess 
of the repayment obligation of the Jicarilla Apache Nation 
as determined under paragraph (3), shall be nonreimbursable. 
(5) GRANT FUNDS.—A grant from any other Federal source 
shall not be credited toward the share of the Jicarilla Apache 
Nation of construction costs. 
(6) NAVAJO
INDIAN
IRRIGATION
PROJECT
COSTS.—The 
Jicarilla Apache Nation shall have no obligation to repay any 
Navajo Indian Irrigation Project construction costs that might 
otherwise be allocable to the Jicarilla Apache Nation for use 
of the Navajo Indian Irrigation Project facilities to convey water 
to the Jicarilla Apache Nation, and any such costs shall be 
nonreimbursable. 
(d) CAPITAL COST ALLOCATIONS.— 
(1) IN GENERAL.—For purposes of estimating the capital 
repayment requirements of the Project Participants under this 
Determination. 
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123 STAT. 1391 
PUBLIC LAW 111–11—MAR. 30, 2009 
section, the Secretary shall review and, as appropriate, update 
the Draft Impact Statement allocating capital construction costs 
for the Project. 
(2) FINAL
COST
ALLOCATION.—The repayment contracts 
entered into with Project Participants under this section shall 
require that the Secretary perform a final cost allocation when 
construction of the Project is determined to be substantially 
complete. 
(3) REPAYMENT
OBLIGATION.—The Secretary shall deter-
mine the repayment obligation of the Project Participants based 
on the final cost allocation identifying reimbursable and nonre-
imbursable capital costs of the Project consistent with this 
subtitle. 
(e) 
OPERATION, 
MAINTENANCE, 
AND
REPLACEMENT
COST 
ALLOCATIONS.—For purposes of determining the operation, mainte-
nance, and replacement obligations of the Project Participants under 
this section, the Secretary shall review and, as appropriate, update 
the Draft Impact Statement that allocates operation, maintenance, 
and replacement costs for the Project. 
(f) TEMPORARY WAIVERS OF PAYMENTS.— 
(1) IN
GENERAL.—On the date on which the Secretary 
declares a section of the Project to be substantially complete 
and delivery of water generated by and through that section 
of the Project can be made to the Nation, the Secretary may 
waive, for a period of not more than 10 years, the operation, 
maintenance, and replacement costs allocable to the Nation 
for that section of the Project that the Secretary determines 
are in excess of the ability of the Nation to pay. 
(2) SUBSEQUENT
PAYMENT
BY
NATION.—After a waiver 
under paragraph (1), the Nation shall pay all allocated oper-
ation, maintenance, and replacement costs of that section of 
the Project. 
(3) PAYMENT BY UNITED STATES.—Any operation, mainte-
nance, or replacement costs waived by the Secretary under 
paragraph (1) shall be paid by the United States and shall 
be nonreimbursable. 
(4) EFFECT ON CONTRACTS.—Failure of the Secretary to 
waive costs under paragraph (1) because of a lack of availability 
of Federal funding to pay the costs under paragraph (3) shall 
not alter the obligations of the Nation or the United States 
under a repayment contract. 
(5) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to waive costs under paragraph (1) with respect to a 
Project facility transferred to the Nation under section 10602(f) 
shall terminate on the date on which the Project facility is 
transferred. 
(g) PROJECT CONSTRUCTION COMMITTEE.—The Secretary shall 
facilitate the formation of a project construction committee with 
the Project Participants and the State of New Mexico— 
(1) to review cost factors and budgets for construction and 
operation and maintenance activities; 
(2) to improve construction management through enhanced 
communication; and 
(3) to seek additional ways to reduce overall Project costs. 
Establishment. 
Review. 
Determination. 
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123 STAT. 1392 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE. 
(a) USE OF NAVAJO NATION PIPELINE.—In addition to use of 
the Navajo Nation Municipal Pipeline to convey the Animas-La 
Plata Project water of the Nation, the Nation may use the Navajo 
Nation Municipal Pipeline to convey non-Animas La Plata Project 
water for municipal and industrial purposes. 
(b) CONVEYANCE OF TITLE TO PIPELINE.— 
(1) IN
GENERAL.—On completion of the Navajo Nation 
Municipal Pipeline, the Secretary may enter into separate 
agreements with the City of Farmington, New Mexico and 
the Nation to convey title to each portion of the Navajo Nation 
Municipal Pipeline facility or section of the Pipeline to the 
City of Farmington and the Nation after execution of a Project 
operations agreement approved by the Secretary, the Nation, 
and the City of Farmington that sets forth any terms and 
conditions that the Secretary determines are necessary. 
(2) CONVEYANCE TO THE CITY OF FARMINGTON OR NAVAJO 
NATION.—In conveying title to the Navajo Nation Municipal 
Pipeline under this subsection, the Secretary shall convey— 
(A) to the City of Farmington, the facilities and any 
land or interest in land acquired by the United States 
for the construction, operation, and maintenance of the 
Pipeline that are located within the corporate boundaries 
of the City; and 
(B) to the Nation, the facilities and any land or 
interests in land acquired by the United States for the 
construction, operation, and maintenance of the Pipeline 
that are located outside the corporate boundaries of the 
City of Farmington. 
(3) EFFECT OF CONVEYANCE.—The conveyance of title to 
the Pipeline shall not affect the application of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the 
use of water associated with the Animas-La Plata Project. 
(4) LIABILITY.— 
(A) IN GENERAL.—Effective on the date of the convey-
ance authorized by this subsection, the United States shall 
not be held liable by any court for damages of any kind 
arising out of any act, omission, or occurrence relating 
to the land, buildings, or facilities conveyed under this 
subsection, other than damages caused by acts of negligence 
committed by the United States or by employees or agents 
of the United States prior to the date of conveyance. 
(B) TORT CLAIMS.—Nothing in this subsection increases 
the liability of the United States beyond the liability pro-
vided under chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims Act’’). 
(5) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 
days before the date of a proposed conveyance of title to the 
Pipeline, the Secretary shall submit to the Committee on Nat-
ural Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate, notice 
of the conveyance of the Pipeline. 
SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 
(a) CONJUNCTIVE GROUNDWATER DEVELOPMENT PLAN.—Not 
later than 1 year after the date of enactment of this Act, the 
Deadline. 
Deadline. 
Effective date. 
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123 STAT. 1393 
PUBLIC LAW 111–11—MAR. 30, 2009 
Nation, in consultation with the Secretary, shall complete a conjunc-
tive groundwater development plan for the wells described in sub-
sections (b) and (c). 
(b) WELLS IN THE SAN JUAN RIVER BASIN.—In accordance with 
the conjunctive groundwater development plan, the Secretary may 
construct or rehabilitate wells and related pipeline facilities to 
provide capacity for the diversion and distribution of not more 
than 1,670 acre-feet of groundwater in the San Juan River Basin 
in the State of New Mexico for municipal and domestic uses. 
(c) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS.— 
(1) IN
GENERAL.—In accordance with the Project and 
conjunctive groundwater development plan for the Nation, the 
Secretary may construct or rehabilitate wells and related pipe-
line facilities to provide capacity for the diversion and distribu-
tion of— 
(A) not more than 680 acre-feet of groundwater in 
the Little Colorado River Basin in the State of New Mexico; 
(B) not more than 80 acre-feet of groundwater in the 
Rio Grande Basin in the State of New Mexico; and 
(C) not more than 770 acre-feet of groundwater in 
the Little Colorado River Basin in the State of Arizona. 
(2) USE.—Groundwater diverted and distributed under 
paragraph (1) shall be used for municipal and domestic uses. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary may acquire any land or interest in land that is 
necessary for the construction, operation, and maintenance of 
the wells and related pipeline facilities authorized under sub-
sections (b) and (c). 
(2) LIMITATION.—Nothing in this subsection authorizes the 
Secretary to condemn water rights for the purposes described 
in paragraph (1). 
(e) CONDITION.—The Secretary shall not commence any 
construction activity relating to the wells described in subsections 
(b) and (c) until the Secretary executes the Agreement. 
(f) CONVEYANCE OF WELLS.— 
(1) IN GENERAL.—On the determination of the Secretary 
that the wells and related facilities are substantially complete 
and delivery of water generated by the wells can be made 
to the Nation, an agreement with the Nation shall be entered 
into, to convey to the Nation title to— 
(A) any well or related pipeline facility constructed 
or rehabilitated under subsections (a) and (b) after the 
wells and related facilities have been completed; and 
(B) any land or interest in land acquired by the United 
States for the construction, operation, and maintenance 
of the well or related pipeline facility. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT.— 
(A) IN GENERAL.—The Secretary is authorized to pay 
operation and maintenance costs for the wells and related 
pipeline facilities authorized under this subsection until 
title to the facilities is conveyed to the Nation. 
(B) SUBSEQUENT ASSUMPTION BY NATION.—On comple-
tion of a conveyance of title under paragraph (1), the Nation 
shall assume all responsibility for the operation and 
maintenance of the well or related pipeline facility con-
veyed. 
Payments. 
Determination. 
Contracts. 
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123 STAT. 1394 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) EFFECT OF CONVEYANCE.—The conveyance of title to 
the Nation of the conjunctive use wells under paragraph (1) 
shall not affect the application of the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.). 
(g) USE OF PROJECT FACILITIES.—The capacities of the treat-
ment facilities, main pipelines, and lateral pipelines of the Project 
authorized by section 10602(b) may be used to treat and convey 
groundwater to Nation communities if the Nation provides for pay-
ment of the operation, maintenance, and replacement costs associ-
ated with the use of the facilities or pipelines. 
(h) LIMITATIONS.—The diversion and use of groundwater by 
wells constructed or rehabilitated under this section shall be made 
in a manner consistent with applicable Federal and State law. 
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 
(a) REHABILITATION.—Subject to subsection (b), the Secretary 
shall rehabilitate— 
(1) the Fruitland-Cambridge Irrigation Project to serve not 
more than 3,335 acres of land, which shall be considered to 
be the total serviceable area of the project; and 
(2) the Hogback-Cudei Irrigation Project to serve not more 
than 8,830 acres of land, which shall be considered to be the 
total serviceable area of the project. 
(b) CONDITION.—The Secretary shall not commence any 
construction activity relating to the rehabilitation of the Fruitland- 
Cambridge Irrigation Project or the Hogback-Cudei Irrigation 
Project under subsection (a) until the Secretary executes the Agree-
ment. 
(c) OPERATION, MAINTENANCE, AND
REPLACEMENT
OBLIGA-
TION.—The Nation shall continue to be responsible for the operation, 
maintenance, and replacement of each facility rehabilitated under 
this section. 
SEC. 10608. OTHER IRRIGATION PROJECTS. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Secretary, in consultation with the State 
of New Mexico (acting through the Interstate Stream Commission) 
and the Non-Navajo Irrigation Districts that elect to participate, 
shall— 
(1) conduct a study of Non-Navajo Irrigation District diver-
sion and ditch facilities; and 
(2) based on the study, identify and prioritize a list of 
projects, with associated cost estimates, that are recommended 
to be implemented to repair, rehabilitate, or reconstruct irriga-
tion diversion and ditch facilities to improve water use effi-
ciency. 
(b) GRANTS.—The Secretary may provide grants to, and enter 
into cooperative agreements with, the Non-Navajo Irrigation Dis-
tricts to plan, design, or otherwise implement the projects identified 
under subsection (a)(2). 
(c) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of the total cost 
of carrying out a project under subsection (b) shall be not 
more than 50 percent, and shall be nonreimbursable. 
(2) FORM.—The non-Federal share required under para-
graph (1) may be in the form of in-kind contributions, including 
Study. 
Deadline. 
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123 STAT. 1395 
PUBLIC LAW 111–11—MAR. 30, 2009 
the contribution of any valuable asset or service that the Sec-
retary determines would substantially contribute to a project 
carried out under subsection (b). 
(3) STATE CONTRIBUTION.—The Secretary may accept from 
the State of New Mexico a partial or total contribution toward 
the non-Federal share for a project carried out under subsection 
(b). 
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS
FOR NAVAJO-GALLUP 
WATER SUPPLY PROJECT.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the Secretary to plan, design, and construct the Project 
$870,000,000 for the period of fiscal years 2009 through 2024, 
to remain available until expended. 
(2) ADJUSTMENTS.—The amount under paragraph (1) shall 
be adjusted by such amounts as may be required by reason 
of changes since 2007 in construction costs, as indicated by 
engineering cost indices applicable to the types of construction 
involved. 
(3) USE.—In addition to the uses authorized under para-
graph (1), amounts made available under that paragraph may 
be used for the conduct of related activities to comply with 
Federal environmental laws. 
(4) OPERATION AND MAINTENANCE.— 
(A) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to operate and maintain 
the Project consistent with this subtitle. 
(B) EXPIRATION.—The authorization under subpara-
graph (A) shall expire 10 years after the year the Secretary 
declares the Project to be substantially complete. 
(b) APPROPRIATIONS FOR CONJUNCTIVE USE WELLS.— 
(1) SAN JUAN WELLS.—There is authorized to be appro-
priated to the Secretary for the construction or rehabilitation 
and operation and maintenance of conjunctive use wells under 
section 10606(b) $30,000,000, as adjusted under paragraph (3), 
for the period of fiscal years 2009 through 2019. 
(2) WELLS
IN
THE
LITTLE
COLORADO
AND
RIO
GRANDE 
BASINS.—There are authorized to be appropriated to the Sec-
retary for the construction or rehabilitation and operation and 
maintenance of conjunctive use wells under section 10606(c) 
such sums as are necessary for the period of fiscal years 2009 
through 2024. 
(3) ADJUSTMENTS.—The amount under paragraph (1) shall 
be adjusted by such amounts as may be required by reason 
of changes since 2008 in construction costs, as indicated by 
engineering cost indices applicable to the types of construction 
or rehabilitation involved. 
(4) NONREIMBURSABLE
EXPENDITURES.—Amounts made 
available under paragraphs (1) and (2) shall be nonreimburs-
able to the United States. 
(5) USE.—In addition to the uses authorized under para-
graphs (1) and (2), amounts made available under that para-
graph may be used for the conduct of related activities to 
comply with Federal environmental laws. 
(6) LIMITATION.—Appropriations authorized under para-
graph (1) shall not be used for operation or maintenance of 
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123 STAT. 1396 
PUBLIC LAW 111–11—MAR. 30, 2009 
any conjunctive use wells at a time in excess of 3 years after 
the well is declared substantially complete. 
(c) SAN JUAN RIVER IRRIGATION PROJECTS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary— 
(A) to carry out section 10607(a)(1), not more than 
$7,700,000, as adjusted under paragraph (2), for the period 
of fiscal years 2009 through 2016, to remain available 
until expended; and 
(B) to carry out section 10607(a)(2), not more than 
$15,400,000, as adjusted under paragraph (2), for the period 
of fiscal years 2009 through 2019, to remain available 
until expended. 
(2) ADJUSTMENT.—The amounts made available under 
paragraph (1) shall be adjusted by such amounts as may be 
required by reason of changes since January 1, 2004, in 
construction costs, as indicated by engineering cost indices 
applicable to the types of construction involved in the rehabilita-
tion. 
(3) NONREIMBURSABLE
EXPENDITURES.—Amounts made 
available under this subsection shall be nonreimbursable to 
the United States. 
(d) OTHER IRRIGATION PROJECTS.—There are authorized to be 
appropriated to the Secretary to carry out section 10608 $11,000,000 
for the period of fiscal years 2009 through 2019. 
(e) CULTURAL RESOURCES.— 
(1) IN GENERAL.—The Secretary may use not more than 
2 percent of amounts made available under subsections (a), 
(b), and (c) for the survey, recovery, protection, preservation, 
and display of archaeological resources in the area of a Project 
facility or conjunctive use well. 
(2) NONREIMBURSABLE EXPENDITURES.—Any amounts made 
available under paragraph (1) shall be nonreimbursable. 
(f) FISH AND WILDLIFE FACILITIES.— 
(1) IN GENERAL.—In association with the development of 
the Project, the Secretary may use not more than 4 percent 
of amounts made available under subsections (a), (b), and (c) 
to purchase land and construct and maintain facilities to miti-
gate the loss of, and improve conditions for the propagation 
of, fish and wildlife if any such purchase, construction, or 
maintenance will not affect the operation of any water project 
or use of water. 
(2) 
NONREIMBURSABLE
EXPENDITURES.—Any 
amounts 
expended under paragraph (1) shall be nonreimbursable. 
PART IV—NAVAJO NATION WATER RIGHTS 
SEC. 10701. AGREEMENT. 
(a) AGREEMENT APPROVAL.— 
(1) APPROVAL
BY
CONGRESS.—Except to the extent that 
any provision of the Agreement conflicts with this subtitle, 
Congress approves, ratifies, and confirms the Agreement 
(including any amendments to the Agreement that are executed 
to make the Agreement consistent with this subtitle). 
(2) EXECUTION BY SECRETARY.—The Secretary shall enter 
into the Agreement to the extent that the Agreement does 
not conflict with this subtitle, including— 
43 USC 620 note. 
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123 STAT. 1397 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) any exhibits to the Agreement requiring the signa-
ture of the Secretary; and 
(B) any amendments to the Agreement necessary to 
make the Agreement consistent with this subtitle. 
(3) AUTHORITY OF SECRETARY.—The Secretary may carry 
out any action that the Secretary determines is necessary or 
appropriate to implement the Agreement, the Contract, and 
this section. 
(4) ADMINISTRATION OF NAVAJO RESERVOIR RELEASES.—The 
State of New Mexico may administer water that has been 
released from storage in Navajo Reservoir in accordance with 
subparagraph 9.1 of the Agreement. 
(b) WATER AVAILABLE UNDER CONTRACT.— 
(1) QUANTITIES OF WATER AVAILABLE.— 
(A) IN
GENERAL.—Water shall be made available 
annually under the Contract for projects in the State of 
New Mexico supplied from the Navajo Reservoir and the 
San Juan River (including tributaries of the River) under 
New Mexico State Engineer File Numbers 2849, 2883, and 
3215 in the quantities described in subparagraph (B). 
(B) WATER
QUANTITIES.—The quantities of water 
referred to in subparagraph (A) are as follows: 
Diver-
sion 
(acre- 
feet/ 
year) 
Deple-
tion 
(acre- 
feet/ 
year) 
Navajo Indian Irrigation Project 
508,000 
270,000 
Navajo-Gallup Water Supply Project 
22,650 
20,780 
Animas-La Plata Project 
4,680 
2,340 
Total 
535,330 
293,120 
(C) MAXIMUM QUANTITY.—A diversion of water to the 
Nation under the Contract for a project described in 
subparagraph (B) shall not exceed the quantity of water 
necessary to supply the amount of depletion for the project. 
(D) TERMS, CONDITIONS, AND LIMITATIONS.—The diver-
sion and use of water under the Contract shall be subject 
to and consistent with the terms, conditions, and limita-
tions of the Agreement, this subtitle, and any other 
applicable law. 
(2) AMENDMENTS TO CONTRACT.—The Secretary, with the 
consent of the Nation, may amend the Contract if the Secretary 
determines that the amendment is— 
(A) consistent with the Agreement; and 
(B) in the interest of conserving water or facilitating 
beneficial use by the Nation or a subcontractor of the 
Nation. 
(3) RIGHTS OF THE NATION.—The Nation may, under the 
Contract— 
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123 STAT. 1398 
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(A) use tail water, wastewater, and return flows attrib-
utable to a use of the water by the Nation or a subcon-
tractor of the Nation if— 
(i) the depletion of water does not exceed the quan-
tities described in paragraph (1); and 
(ii) the use of tail water, wastewater, or return 
flows is consistent with the terms, conditions, and 
limitations of the Agreement, and any other applicable 
law; and 
(B) change a point of diversion, change a purpose or 
place of use, and transfer a right for depletion under this 
subtitle (except for a point of diversion, purpose or place 
of use, or right for depletion for use in the State of Arizona 
under section 10603(b)(2)(D)), to another use, purpose, 
place, or depletion in the State of New Mexico to meet 
a water resource or economic need of the Nation if— 
(i) the change or transfer is subject to and con-
sistent with the terms of the Agreement, the Partial 
Final Decree described in paragraph 3.0 of the Agree-
ment, the Contract, and any other applicable law; and 
(ii) a change or transfer of water use by the Nation 
does not alter any obligation of the United States, 
the Nation, or another party to pay or repay project 
construction, operation, maintenance, or replacement 
costs under this subtitle and the Contract. 
(c) SUBCONTRACTS.— 
(1) IN GENERAL.— 
(A) SUBCONTRACTS BETWEEN NATION AND THIRD PAR-
TIES.—The Nation may enter into subcontracts for the 
delivery of Project water under the Contract to third parties 
for any beneficial use in the State of New Mexico (on 
or off land held by the United States in trust for the 
Nation or a member of the Nation or land held in fee 
by the Nation). 
(B) APPROVAL REQUIRED.—A subcontract entered into 
under subparagraph (A) shall not be effective until 
approved by the Secretary in accordance with this sub-
section and the Contract. 
(C) SUBMITTAL.—The Nation shall submit to the Sec-
retary for approval or disapproval any subcontract entered 
into under this subsection. 
(D) DEADLINE.—The Secretary shall approve or dis-
approve a subcontract submitted to the Secretary under 
subparagraph (C) not later than the later of— 
(i) the date that is 180 days after the date on 
which the subcontract is submitted to the Secretary; 
and 
(ii) the date that is 60 days after the date on 
which a subcontractor complies with— 
(I) section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); 
and 
(II) any other requirement of Federal law. 
(E) ENFORCEMENT.—A party to a subcontract may 
enforce the deadline described in subparagraph (D) under 
section 1361 of title 28, United States Code. 
Arizona. 
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123 STAT. 1399 
PUBLIC LAW 111–11—MAR. 30, 2009 
(F) COMPLIANCE
WITH
OTHER
LAW.—A subcontract 
described in subparagraph (A) shall comply with the Agree-
ment, the Partial Final Decree described in paragraph 
3.0 of the Agreement, and any other applicable law. 
(G) NO LIABILITY.—The Secretary shall not be liable 
to any party, including the Nation, for any term of, or 
any loss or other detriment resulting from, a lease, contract, 
or other agreement entered into pursuant to this sub-
section. 
(2) ALIENATION.— 
(A) PERMANENT
ALIENATION.—The Nation shall not 
permanently alienate any right granted to the Nation under 
the Contract. 
(B) MAXIMUM TERM.—The term of any water use sub-
contract (including a renewal) under this subsection shall 
be not more than 99 years. 
(3) NONINTERCOURSE ACT COMPLIANCE.—This subsection— 
(A) provides congressional authorization for the subcon-
tracting rights of the Nation; and 
(B) is deemed to fulfill any requirement that may be 
imposed by section 2116 of the Revised Statutes (25 U.S.C. 
177). 
(4) FORFEITURE.—The nonuse of the water supply secured 
by a subcontractor of the Nation under this subsection shall 
not result in forfeiture, abandonment, relinquishment, or other 
loss of any part of a right decreed to the Nation under the 
Contract or this section. 
(5) NO
PER
CAPITA
PAYMENTS.—No part of the revenue 
from a water use subcontract under this subsection shall be 
distributed to any member of the Nation on a per capita basis. 
(d) WATER LEASES NOT REQUIRING SUBCONTRACTS.— 
(1) AUTHORITY OF NATION.— 
(A) IN GENERAL.—The Nation may lease, contract, or 
otherwise transfer to another party or to another purpose 
or place of use in the State of New Mexico (on or off 
land that is held by the United States in trust for the 
Nation or a member of the Nation or held in fee by the 
Nation) a water right that— 
(i) is decreed to the Nation under the Agreement; 
and 
(ii) is not subject to the Contract. 
(B) COMPLIANCE WITH OTHER LAW.—In carrying out 
an action under this subsection, the Nation shall comply 
with the Agreement, the Partial Final Decree described 
in paragraph 3.0 of the Agreement, the Supplemental Par-
tial Final Decree described in paragraph 4.0 of the Agree-
ment, and any other applicable law. 
(2) ALIENATION; MAXIMUM TERM.— 
(A) ALIENATION.—The Nation shall not permanently 
alienate any right granted to the Nation under the Agree-
ment. 
(B) MAXIMUM TERM.—The term of any water use lease, 
contract, or other arrangement (including a renewal) under 
this subsection shall be not more than 99 years. 
(3) NO
LIABILITY.—The Secretary shall not be liable to 
any party, including the Nation, for any term of, or any loss 
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123 STAT. 1400 
PUBLIC LAW 111–11—MAR. 30, 2009 
or other detriment resulting from, a lease, contract, or other 
agreement entered into pursuant to this subsection. 
(4) NONINTERCOURSE ACT COMPLIANCE.—This subsection— 
(A) provides congressional authorization for the lease, 
contracting, and transfer of any water right described in 
paragraph (1)(A); and 
(B) is deemed to fulfill any requirement that may be 
imposed by the provisions of section 2116 of the Revised 
Statutes (25 U.S.C. 177). 
(5) FORFEITURE.—The nonuse of a water right of the Nation 
by a lessee or contractor to the Nation under this subsection 
shall not result in forfeiture, abandonment, relinquishment, 
or other loss of any part of a right decreed to the Nation 
under the Contract or this section. 
(e) NULLIFICATION.— 
(1) DEADLINES.— 
(A) IN GENERAL.—In carrying out this section, the fol-
lowing deadlines apply with respect to implementation of 
the Agreement: 
(i) AGREEMENT.—Not later than December 31, 
2010, the Secretary shall execute the Agreement. 
(ii) CONTRACT.—Not later than December 31, 2010, 
the Secretary and the Nation shall execute the Con-
tract. 
(iii) PARTIAL
FINAL
DECREE.—Not later than 
December 31, 2013, the court in the stream adjudica-
tion shall have entered the Partial Final Decree 
described in paragraph 3.0 of the Agreement. 
(iv) FRUITLAND-CAMBRIDGE IRRIGATION PROJECT.— 
Not later than December 31, 2016, the rehabilitation 
construction of the Fruitland-Cambridge Irrigation 
Project authorized under section 10607(a)(1) shall be 
completed. 
(v) SUPPLEMENTAL
PARTIAL
FINAL
DECREE.—Not 
later than December 31, 2016, the court in the stream 
adjudication shall enter the Supplemental Partial Final 
Decree described in subparagraph 4.0 of the Agree-
ment. 
(vi) HOGBACK-CUDEI
IRRIGATION
PROJECT.—Not 
later than December 31, 2019, the rehabilitation 
construction of the Hogback-Cudei Irrigation Project 
authorized under section 10607(a)(2) shall be com-
pleted. 
(vii) TRUST FUND.—Not later than December 31, 
2019, the United States shall make all deposits into 
the Trust Fund under section 10702. 
(viii) 
CONJUNCTIVE
WELLS.—Not 
later 
than 
December 31, 2019, the funds authorized to be appro-
priated under section 10609(b)(1) for the conjunctive 
use wells authorized under section 10606(b) should 
be appropriated. 
(ix) NAVAJO-GALLUP WATER SUPPLY PROJECT.—Not 
later than December 31, 2024, the construction of all 
Project facilities shall be completed. 
(B) EXTENSION.—A deadline described in subparagraph 
(A) may be extended if the Nation, the United States (acting 
through the Secretary), and the State of New Mexico (acting 
Applicability. 
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123 STAT. 1401 
PUBLIC LAW 111–11—MAR. 30, 2009 
through the New Mexico Interstate Stream Commission) 
agree that an extension is reasonably necessary. 
(2) 
REVOCABILITY
OF
AGREEMENT, 
CONTRACT
AND 
AUTHORIZATIONS.— 
(A) PETITION.—If the Nation determines that a dead-
line described in paragraph (1)(A) is not substantially met, 
the Nation may submit to the court in the stream adjudica-
tion a petition to enter an order terminating the Agreement 
and Contract. 
(B) TERMINATION.—On issuance of an order to termi-
nate the Agreement and Contract under subparagraph 
(A)— 
(i) the Trust Fund shall be terminated; 
(ii) the balance of the Trust Fund shall be depos-
ited in the general fund of the Treasury; 
(iii) the authorizations for construction and 
rehabilitation of water projects under this subtitle shall 
be revoked and any Federal activity related to that 
construction and rehabilitation shall be suspended; and 
(iv) this part and parts I and III shall be null 
and void. 
(3) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLE-
MENT.— 
(A) IN GENERAL.—If a condition described in subpara-
graph (B) occurs, the Agreement and Contract shall not 
be nullified or terminated. 
(B) 
CONDITIONS.—The 
conditions 
referred 
to 
in 
subparagraph (A) are as follows: 
(i) A lack of right to divert at the capacities of 
conjunctive use wells constructed or rehabilitated 
under section 10606. 
(ii) A failure— 
(I) to determine or resolve an accounting of 
the use of water under this subtitle in the State 
of Arizona; 
(II) to obtain a necessary water right for the 
consumptive use of water in Arizona; 
(III) to contract for the delivery of water for 
use in Arizona; or 
(IV) to construct and operate a lateral facility 
to deliver water to a community of the Nation 
in Arizona, under the Project. 
(f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
nothing in the Agreement, the Contract, or this section quan-
tifies or adversely affects the land and water rights, or claims 
or entitlements to water, of any Indian tribe or community 
other than the rights, claims, or entitlements of the Nation 
in, to, and from the San Juan River Basin in the State of 
New Mexico. 
(2) EXCEPTION.—The right of the Nation to use water under 
water rights the Nation has in other river basins in the State 
of New Mexico shall be forborne to the extent that the Nation 
supplies the uses for which the water rights exist by diversions 
of water from the San Juan River Basin under the Project 
consistent with subparagraph 9.13 of the Agreement. 
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123 STAT. 1402 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 10702. TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury a 
fund to be known as the ‘‘Navajo Nation Water Resources Develop-
ment Trust Fund’’, consisting of— 
(1) such amounts as are appropriated to the Trust Fund 
under subsection (f); and 
(2) any interest earned on investment of amounts in the 
Trust Fund under subsection (d). 
(b) USE OF FUNDS.—The Nation may use amounts in the Trust 
Fund— 
(1) to investigate, construct, operate, maintain, or replace 
water project facilities, including facilities conveyed to the 
Nation under this subtitle and facilities owned by the United 
States for which the Nation is responsible for operation, mainte-
nance, and replacement costs; and 
(2) to investigate, implement, or improve a water conserva-
tion measure (including a metering or monitoring activity) nec-
essary for the Nation to make use of a water right of the 
Nation under the Agreement. 
(c) MANAGEMENT.—The Secretary shall manage the Trust Fund, 
invest amounts in the Trust Fund pursuant to subsection (d), and 
make amounts available from the Trust Fund for distribution to 
the Nation in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) INVESTMENT OF THE TRUST FUND.—Beginning on October 
1, 2019, the Secretary shall invest amounts in the Trust Fund 
in accordance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 1938 (25 U.S.C. 
162a); and 
(3) the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.). 
(e) CONDITIONS FOR EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—Subject to paragraph (7), on approval 
by the Secretary of a tribal management plan in accordance 
with the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.), the Nation may 
withdraw all or a portion of the amounts in the Trust 
Fund. 
(B) REQUIREMENTS.—In addition to any requirements 
under the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan shall require that the Nation only use 
amounts in the Trust Fund for the purposes described 
in subsection (b), including the identification of water con-
servation measures to be implemented in association with 
the agricultural water use of the Nation. 
(2) ENFORCEMENT.—The Secretary may take judicial or 
administrative action to enforce the provisions of any tribal 
management plan to ensure that any amounts withdrawn from 
the Trust Fund are used in accordance with this subtitle. 
(3) NO LIABILITY.—Neither the Secretary nor the Secretary 
of the Treasury shall be liable for the expenditure or investment 
of any amounts withdrawn from the Trust Fund by the Nation. 
(4) EXPENDITURE PLAN.— 
Effective date. 
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123 STAT. 1403 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) IN GENERAL.—The Nation shall submit to the Sec-
retary for approval an expenditure plan for any portion 
of the amounts in the Trust Fund made available under 
this section that the Nation does not withdraw under this 
subsection. 
(B) DESCRIPTION.—The expenditure plan shall describe 
the manner in which, and the purposes for which, funds 
of the Nation remaining in the Trust Fund will be used. 
(C) APPROVAL.—On receipt of an expenditure plan 
under subparagraph (A), the Secretary shall approve the 
plan if the Secretary determines that the plan is reasonable 
and consistent with this subtitle. 
(5) ANNUAL REPORT.—The Nation shall submit to the Sec-
retary an annual report that describes any expenditures from 
the Trust Fund during the year covered by the report. 
(6) LIMITATION.—No portion of the amounts in the Trust 
Fund shall be distributed to any Nation member on a per 
capita basis. 
(7) CONDITIONS.—Any amount authorized to be appro-
priated to the Trust Fund under subsection (f) shall not be 
available for expenditure or withdrawal— 
(A) before December 31, 2019; and 
(B) until the date on which the court in the stream 
adjudication has entered— 
(i) the Partial Final Decree; and 
(ii) the Supplemental Partial Final Decree. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for deposit in the Trust Fund— 
(1) $6,000,000 for each of fiscal years 2010 through 2014; 
and 
(2) $4,000,000 for each of fiscal years 2015 through 2019. 
SEC. 10703. WAIVERS AND RELEASES. 
(a) CLAIMS BY THE NATION AND THE UNITED STATES.—In return 
for recognition of the Nation’s water rights and other benefits, 
including but not limited to the commitments by other parties, 
as set forth in the Agreement and this subtitle, the Nation, on 
behalf of itself and members of the Nation (other than members 
in the capacity of the members as allottees), and the United States 
acting in its capacity as trustee for the Nation, shall execute a 
waiver and release of— 
(1) all claims for water rights in, or for waters of, the 
San Juan River Basin in the State of New Mexico that the 
Nation, or the United States as trustee for the Nation, asserted, 
or could have asserted, in any proceeding, including but not 
limited to the stream adjudication, up to and including the 
effective date described in subsection (e), except to the extent 
that such rights are recognized in the Agreement or this sub-
title; 
(2) all claims for damages, losses, or injuries to water 
rights or claims of interference with, diversion, or taking of 
water (including but not limited to claims for injury to lands 
resulting from such damages, losses, injuries, interference with, 
diversion, or taking) in the San Juan River Basin in the State 
of New Mexico that accrued at any time up to and including 
the effective date described in subsection (e); 
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123 STAT. 1404 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) all claims of any damage, loss, or injury or for injunctive 
or other relief because of the condition of or changes in water 
quality related to, or arising out of, the exercise of water 
rights; and 
(4) all claims against the State of New Mexico, its agencies, 
or employees relating to the negotiation or the adoption of 
the Agreement. 
(b) CLAIMS BY THE NATION AGAINST THE UNITED STATES.— 
The Nation, on behalf of itself and its members (other than in 
the capacity of the members as allottees), shall execute a waiver 
and release of— 
(1) all claims against the United States, its agencies, or 
employees relating to claims for water rights in or waters 
of the San Juan River Basin in the State of New Mexico 
that the United States, acting in its capacity as trustee for 
the Nation, asserted, or could have asserted, in any proceeding, 
including but not limited to the stream adjudication; 
(2) all claims against the United States, its agencies, or 
employees relating to damages, losses, or injuries to water, 
water rights, land, or natural resources due to loss of water 
or water rights (including but not limited to damages, losses, 
or injuries to hunting, fishing, gathering, or cultural rights 
due to loss of water or water rights; claims relating to inference 
with, diversion, or taking of water or water rights; or claims 
relating to failure to protect, acquire, replace, or develop water 
or water rights) in the San Juan River Basin in the State 
of New Mexico that first accrued at any time up to and including 
the effective date described in subsection (e); 
(3) all claims against the United States, its agencies, or 
employees relating to the pending litigation of claims relating 
to the Nation’s water rights in the stream adjudication; and 
(4) all claims against the United States, its agencies, or 
employees relating to the negotiation, execution, or the adoption 
of the Agreement, the decrees, the Contract, or this subtitle. 
(c) RESERVATION OF CLAIMS.—Notwithstanding the waivers and 
releases authorized in this subtitle, the Nation on behalf of itself 
and its members (including members in the capacity of the members 
as allottees) and the United States acting in its capacity as trustee 
for the Nation and allottees, retain— 
(1) all claims for water rights or injuries to water rights 
arising out of activities occurring outside the San Juan River 
Basin in the State of New Mexico, subject to paragraphs 8.0, 
9.3, 9.12, 9.13, and 13.9 of the Agreement; 
(2) all claims for enforcement of the Agreement, the Con-
tract, the Partial Final Decree, the Supplemental Partial Final 
Decree, or this subtitle, through any legal and equitable rem-
edies available in any court of competent jurisdiction; 
(3) all rights to use and protect water rights acquired 
pursuant to State law after the date of enactment of this 
Act; 
(4) all claims relating to activities affecting the quality 
of water not related to the exercise of water rights, including 
but not limited to any claims the Nation might have under— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
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123 STAT. 1405 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.); and 
(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
(5) all claims relating to damages, losses, or injuries to 
land or natural resources not due to loss of water or water 
rights; and 
(6) all rights, remedies, privileges, immunities, and powers 
not specifically waived and released under the terms of the 
Agreement or this subtitle. 
(d) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Each applicable period of limitation and 
time-based equitable defense relating to a claim described in 
this section shall be tolled for the period beginning on the 
date of enactment of this Act and ending on the earlier of— 
(A) March 1, 2025; or 
(B) the effective date described in subsection (e). 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(3) LIMITATION.—Nothing in this section precludes the 
tolling of any period of limitations or any time-based equitable 
defense under any other applicable law. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The waivers and releases described in 
subsections (a) and (b) shall be effective on the date on which 
the Secretary publishes in the Federal Register a statement 
of findings documenting that each of the deadlines described 
in section 10701(e)(1) have been met. 
(2) DEADLINE.—If the deadlines described in section 
10701(e)(1)(A) have not been met by the later of March 1, 
2025, 
or 
the 
date 
of 
any 
extension 
under 
section 
10701(e)(1)(B)— 
(A) the waivers and releases described in subsections 
(a) and (b) shall be of no effect; and 
(B) section 10701(e)(2)(B) shall apply. 
SEC. 10704. WATER RIGHTS HELD IN TRUST. 
A tribal water right adjudicated and described in paragraph 
3.0 of the Partial Final Decree and in paragraph 3.0 of the Supple-
mental Partial Final Decree shall be held in trust by the United 
States on behalf of the Nation. 
Subtitle C—Shoshone-Paiute Tribes of the 
Duck Valley Reservation Water Rights 
Settlement 
SEC. 10801. FINDINGS. 
Congress finds that— 
(1) it is the policy of the United States, in accordance 
with the trust responsibility of the United States to Indian 
tribes, to promote Indian self-determination and economic self- 
sufficiency and to settle Indian water rights claims without 
lengthy and costly litigation, if practicable; 
Nevada. 
Applicability. 
Federal Register, 
publication. 
Time period. 
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123 STAT. 1406 
PUBLIC LAW 111–11—MAR. 30, 2009 
(2) quantifying rights to water and development of facilities 
needed to use tribal water supplies is essential to the develop-
ment of viable Indian reservation economies and the establish-
ment of a permanent reservation homeland; 
(3) uncertainty concerning the extent of the Shoshone- 
Paiute Tribes’ water rights has resulted in limited access to 
water and inadequate financial resources necessary to achieve 
self-determination and self-sufficiency; 
(4) in 2006, the Tribes, the State of Idaho, the affected 
individual water users, and the United States resolved all 
tribal claims to water rights in the Snake River Basin Adjudica-
tion through a consent decree entered by the District Court 
of the Fifth Judicial District of the State of Idaho, requiring 
no further Federal action to quantify the Tribes’ water rights 
in the State of Idaho; 
(5) as of the date of enactment of this Act, proceedings 
to determine the extent and nature of the water rights of 
the Tribes in the East Fork of the Owyhee River in Nevada 
are pending before the Nevada State Engineer; 
(6) final resolution of the Tribes’ water claims in the East 
Fork of the Owyhee River adjudication will— 
(A) take many years; 
(B) entail great expense; 
(C) continue to limit the access of the Tribes to water, 
with economic and social consequences; 
(D) prolong uncertainty relating to the availability of 
water supplies; and 
(E) seriously impair long-term economic planning and 
development for all parties to the litigation; 
(7) after many years of negotiation, the Tribes, the State, 
and the upstream water users have entered into a settlement 
agreement to resolve permanently all water rights of the Tribes 
in the State; and 
(8) the Tribes also seek to resolve certain water-related 
claims for damages against the United States. 
SEC. 10802. PURPOSES. 
The purposes of this subtitle are— 
(1) to resolve outstanding issues with respect to the East 
Fork of the Owyhee River in the State in such a manner 
as to provide important benefits to— 
(A) the United States; 
(B) the State; 
(C) the Tribes; and 
(D) the upstream water users; 
(2) to achieve a fair, equitable, and final settlement of 
all claims of the Tribes, members of the Tribes, and the United 
States on behalf of the Tribes and members of Tribes to the 
waters of the East Fork of the Owyhee River in the State; 
(3) to ratify and provide for the enforcement of the Agree-
ment among the parties to the litigation; 
(4) to resolve the Tribes’ water-related claims for damages 
against the United States; 
(5) to require the Secretary to perform all obligations of 
the Secretary under the Agreement and this subtitle; and 
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123 STAT. 1407 
PUBLIC LAW 111–11—MAR. 30, 2009 
(6) to authorize the actions and appropriations necessary 
to meet the obligations of the United States under the Agree-
ment and this subtitle. 
SEC. 10803. DEFINITIONS. 
In this subtitle: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment entitled the ‘‘Agreement to Establish the Relative Water 
Rights of the Shoshone-Paiute Tribes of the Duck Valley Res-
ervation and the Upstream Water Users, East Fork Owyhee 
River’’ and signed in counterpart between, on, or about Sep-
tember 22, 2006, and January 15, 2007 (including all attach-
ments to that Agreement). 
(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ 
means the Shoshone-Paiute Tribes Water Rights Development 
Fund established by section 10807(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The term ‘‘East 
Fork of the Owyhee River’’ means the portion of the east 
fork of the Owyhee River that is located in the State. 
(4) MAINTENANCE FUND.—The term ‘‘Maintenance Fund’’ 
means the Shoshone-Paiute Tribes Operation and Maintenance 
Fund established by section 10807(c)(1). 
(5) RESERVATION.—The term ‘‘Reservation’’ means the Duck 
Valley Reservation established by the Executive order dated 
April 16, 1877, as adjusted pursuant to the Executive order 
dated May 4, 1886, and Executive order numbered 1222 and 
dated July 1, 1910, for use and occupation by the Western 
Shoshones and the Paddy Cap Band of Paiutes. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State of Nevada. 
(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 
means rights of the Tribes described in the Agreement relating 
to water, including groundwater, storage water, and surface 
water. 
(9) TRIBES.—The term ‘‘Tribes’’ means the Shoshone-Paiute 
Tribes of the Duck Valley Reservation. 
(10) UPSTREAM WATER USER.—The term ‘‘upstream water 
user’’ means a non-Federal water user that— 
(A) is located upstream from the Reservation on the 
East Fork of the Owyhee River; and 
(B) is a signatory to the Agreement as a party to 
the East Fork of the Owyhee River adjudication. 
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
AGREEMENT; AUTHORIZATION. 
(a) IN GENERAL.—Except as provided in subsection (c) and 
except to the extent that the Agreement otherwise conflicts with 
provisions of this subtitle, the Agreement is approved, ratified, 
and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary is authorized 
and directed to execute the Agreement as approved by Congress. 
(c) EXCEPTION
FOR
TRIBAL
WATER
MARKETING.—Notwith-
standing any language in the Agreement to the contrary, nothing 
in this subtitle authorizes the Tribes to use or authorize others 
to use tribal water rights off the Reservation, other than use for 
storage at Wild Horse Reservoir for use on tribal land and for 
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123 STAT. 1408 
PUBLIC LAW 111–11—MAR. 30, 2009 
the allocation of 265 acre feet to upstream water users under 
the Agreement, or use on tribal land off the Reservation. 
(d) ENVIRONMENTAL COMPLIANCE.—Execution of the Agreement 
by the Secretary under this section shall not constitute major Fed-
eral action under the National Environmental Policy Act (42 U.S.C. 
4321 et seq.). The Secretary shall carry out all environmental 
compliance required by Federal law in implementing the Agree-
ment. 
(e) PERFORMANCE
OF OBLIGATIONS.—The Secretary and any 
other head of a Federal agency obligated under the Agreement 
shall perform actions necessary to carry out an obligation under 
the Agreement in accordance with this subtitle. 
SEC. 10805. TRIBAL WATER RIGHTS. 
(a) IN GENERAL.—Tribal water rights shall be held in trust 
by the United States for the benefit of the Tribes. 
(b) ADMINISTRATION.— 
(1) ENACTMENT OF WATER CODE.—Not later than 3 years 
after the date of enactment of this Act, the Tribes, in accordance 
with provisions of the Tribes’ constitution and subject to the 
approval of the Secretary, shall enact a water code to administer 
tribal water rights. 
(2) INTERIM ADMINISTRATION.—The Secretary shall regulate 
the tribal water rights during the period beginning on the 
date of enactment of this Act and ending on the date on which 
the Tribes enact a water code under paragraph (1). 
(c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.—The tribal 
water rights shall not be subject to loss by abandonment, forfeiture, 
or nonuse. 
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT. 
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION PROJECT.— 
Nothing in this subtitle shall affect the status of the Duck Valley 
Indian Irrigation Project under Federal law. 
(b) CAPITAL COSTS NONREIMBURSABLE.—The capital costs asso-
ciated with the Duck Valley Indian Irrigation Project as of the 
date of enactment of this Act, including any capital cost incurred 
with funds distributed under this subtitle for the Duck Valley 
Indian Irrigation Project, shall be nonreimbursable. 
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS. 
(a) DEFINITION OF FUNDS.—In this section, the term ‘‘Funds’’ 
means— 
(1) the Development Fund; and 
(2) the Maintenance Fund. 
(b) DEVELOPMENT FUND.— 
(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a fund to be known as the ‘‘Shoshone- 
Paiute Tribes Water Rights Development Fund’’. 
(2) USE OF FUNDS.— 
(A) PRIORITY
USE
OF
FUNDS
FOR
REHABILITATION.— 
The Tribes shall use amounts in the Development Fund 
to— 
(i) rehabilitate the Duck Valley Indian Irrigation 
Project; or 
(ii) for other purposes under subparagraph (B), 
provided that the Tribes have given written notification 
to the Secretary that— 
Notification. 
Regulations. 
Time period. 
Deadline. 
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123 STAT. 1409 
PUBLIC LAW 111–11—MAR. 30, 2009 
(I) the Duck Valley Indian Irrigation Project 
has been rehabilitated to an acceptable condition; 
or 
(II) sufficient funds will remain available from 
the Development Fund to rehabilitate the Duck 
Valley Indian Irrigation Project to an acceptable 
condition after expending funds for other purposes 
under subparagraph (B). 
(B) OTHER USES OF FUNDS.—Once the Tribes have pro-
vided written notification as provided in subparagraph 
(A)(ii)(I) or (A)(ii)(II), the Tribes may use amounts from 
the Development Fund for any of the following purposes: 
(i) To expand the Duck Valley Indian Irrigation 
Project. 
(ii) To pay or reimburse costs incurred by the 
Tribes in acquiring land and water rights. 
(iii) For purposes of cultural preservation. 
(iv) To restore or improve fish or wildlife habitat. 
(v) For fish or wildlife production, water resource 
development, or agricultural development. 
(vi) For water resource planning and development. 
(vii) To pay the costs of— 
(I) designing and constructing water supply 
and 
sewer 
systems 
for 
tribal 
communities, 
including a water quality testing laboratory; 
(II) other appropriate water-related projects 
and other related economic development projects; 
(III) the development of a water code; and 
(IV) other costs of implementing the Agree-
ment. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary for deposit in the 
Development Fund $9,000,000 for each of fiscal years 2010 
through 2014. 
(c) MAINTENANCE FUND.— 
(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a fund to be known as the ‘‘Shoshone- 
Paiute Tribes Operation and Maintenance Fund’’. 
(2) USE OF FUNDS.—The Tribes shall use amounts in the 
Maintenance Fund to pay or provide reimbursement for— 
(A) operation, maintenance, and replacement costs of 
the Duck Valley Indian Irrigation Project and other water- 
related projects funded under this subtitle; or 
(B) operation, maintenance, and replacement costs of 
water supply and sewer systems for tribal communities, 
including the operation and maintenance costs of a water 
quality testing laboratory. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary for deposit in the 
Maintenance Fund $3,000,000 for each of fiscal years 2010 
through 2014. 
(d) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts made 
available under subsections (b)(3) and (c)(3) shall be available for 
expenditure or withdrawal only after the effective date described 
in section 10808(d). 
(e) ADMINISTRATION OF FUNDS.—Upon completion of the actions 
described in section 10808(d), the Secretary, in accordance with 
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123 STAT. 1410 
PUBLIC LAW 111–11—MAR. 30, 2009 
the American Indian Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.) shall manage the Funds, including by 
investing amounts from the Funds in accordance with the Act 
of April 1, 1880 (25 U.S.C. 161), and the first section of the Act 
of June 24, 1938 (25 U.S.C. 162a). 
(f) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribes may withdraw all or part 
of amounts in the Funds on approval by the Secretary 
of a tribal management plan as described in the American 
Indian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the requirements 
under the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan shall require that the Tribes spend any 
amounts withdrawn from the Funds in accordance with 
the purposes described in subsection (b)(2) or (c)(2). 
(C) ENFORCEMENT.—The Secretary may take judicial 
or administrative action to enforce the provisions of any 
tribal management plan to ensure that any amounts with-
drawn from the Funds under the plan are used in accord-
ance with this subtitle and the Agreement. 
(D) LIABILITY.—If the Tribes exercise the right to with-
draw amounts from the Funds, neither the Secretary nor 
the Secretary of the Treasury shall retain any liability 
for the expenditure or investment of the amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribes shall submit to the Sec-
retary for approval an expenditure plan for any portion 
of the amounts in the Funds that the Tribes do not with-
draw under the tribal management plan. 
(B) DESCRIPTION.—The expenditure plan shall describe 
the manner in which, and the purposes for which, amounts 
of the Tribes remaining in the Funds will be used. 
(C) APPROVAL.—On receipt of an expenditure plan 
under subparagraph (A), the Secretary shall approve the 
plan if the Secretary determines that the plan is reasonable 
and consistent with this subtitle and the Agreement. 
(D) ANNUAL REPORT.—For each Fund, the Tribes shall 
submit to the Secretary an annual report that describes 
all expenditures from the Fund during the year covered 
by the report. 
(3) FUNDING
AGREEMENT.—Notwithstanding any other 
provision of this subtitle, on receipt of a request from the 
Tribes, the Secretary shall include an amount from funds made 
available under this section in the funding agreement of the 
Tribes under title IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458aa et seq.), for use 
in accordance with subsections (b)(2) and (c)(2). No amount 
made available under this subtitle may be requested until 
the waivers under section 10808(a) take effect. 
(g) NO PER CAPITA PAYMENTS.—No amount from the Funds 
(including any interest income that would have accrued to the 
Funds after the effective date) shall be distributed to a member 
of the Tribes on a per capita basis. 
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123 STAT. 1411 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES AND UNITED 
STATES ACTING AS TRUSTEE FOR TRIBES.—In return for recognition 
of the Tribes’ water rights and other benefits as set forth in the 
Agreement and this subtitle, the Tribes, on behalf of themselves 
and their members, and the United States acting in its capacity 
as trustee for the Tribes are authorized to execute a waiver and 
release of— 
(1) all claims for water rights in the State of Nevada 
that the Tribes, or the United States acting in its capacity 
as trustee for the Tribes, asserted, or could have asserted, 
in any proceeding, including pending proceedings before the 
Nevada State Engineer to determine the extent and nature 
of the water rights of the Tribes in the East Fork of the 
Owyhee River in Nevada, up to and including the effective 
date, except to the extent that such rights are recognized in 
the Agreement or this subtitle; and 
(2) all claims for damages, losses or injuries to water rights 
or claims of interference with, diversion or taking of water 
rights (including claims for injury to lands resulting from such 
damages, losses, injuries, interference with, diversion, or taking 
of water rights) within the State of Nevada that accrued at 
any time up to and including the effective date. 
(b) WAIVER AND RELEASE OF CLAIMS BY TRIBES AGAINST UNITED 
STATES.—The Tribes, on behalf of themselves and their members, 
are authorized to execute a waiver and release of— 
(1) all claims against the United States, its agencies, or 
employees, relating in any manner to claims for water rights 
in or water of the States of Nevada and Idaho that the United 
States acting in its capacity as trustee for the Tribes asserted, 
or could have asserted, in any proceeding, including pending 
proceedings before the Nevada State Engineer to determine 
the extent and nature of the water rights of the Tribes in 
the East Fork of the Owyhee River in Nevada, and the Snake 
River Basin Adjudication in Idaho; 
(2) all claims against the United States, its agencies, or 
employees relating in any manner to damages, losses, or 
injuries to water, water rights, land, or other resources due 
to loss of water or water rights (including damages, losses 
or injuries to fishing and other similar rights due to loss of 
water or water rights; claims relating to interference with, 
diversion or taking of water; or claims relating to failure to 
protect, acquire, replace, or develop water, water rights or 
water infrastructure) within the States of Nevada and Idaho 
that first accrued at any time up to and including the effective 
date; 
(3) all claims against the United States, its agencies, or 
employees relating to the operation, maintenance, or rehabilita-
tion of the Duck Valley Indian Irrigation Project that first 
accrued at any time up to and including the date upon which 
the Tribes notify the Secretary as provided in section 
10807(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley 
Indian Irrigation Project under this subtitle to an acceptable 
level has been accomplished; 
(4) all claims against the United States, its agencies, or 
employees relating in any manner to the litigation of claims 
relating to the Tribes’ water rights in pending proceedings 
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123 STAT. 1412 
PUBLIC LAW 111–11—MAR. 30, 2009 
before the Nevada State Engineer to determine the extent 
and nature of the water rights of the Tribes in the East Fork 
of the Owyhee River in Nevada or the Snake River Basin 
Adjudication in Idaho; and 
(5) all claims against the United States, its agencies, or 
employees relating in any manner to the negotiation, execution, 
or adoption of the Agreement, exhibits thereto, the decree 
referred to in subsection (d)(2), or this subtitle. 
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases authorized in this subtitle, 
the Tribes on their own behalf and the United States acting in 
its capacity as trustee for the Tribes retain— 
(1) all claims for enforcement of the Agreement, the decree 
referred to in subsection (d)(2), or this subtitle, through such 
legal and equitable remedies as may be available in the decree 
court or the appropriate Federal court; 
(2) all rights to acquire a water right in a State to the 
same extent as any other entity in the State, in accordance 
with State law, and to use and protect water rights acquired 
after the date of enactment of this Act; 
(3) all claims relating to activities affecting the quality 
of water including any claims the Tribes might have under 
the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
claims for damages to natural resources), the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), and the regulations imple-
menting those Acts; and 
(4) all rights, remedies, privileges, immunities, and powers 
not specifically waived and released pursuant to this subtitle. 
(d) EFFECTIVE DATE.—Notwithstanding anything in the Agree-
ment to the contrary, the waivers by the Tribes, or the United 
States on behalf of the Tribes, under this section shall take effect 
on the date on which the Secretary publishes in the Federal Register 
a statement of findings that includes a finding that— 
(1) the Agreement and the waivers and releases authorized 
and set forth in subsections (a) and (b) have been executed 
by the parties and the Secretary; 
(2) the Fourth Judicial District Court, Elko County, 
Nevada, has issued a judgment and decree consistent with 
the Agreement from which no further appeal can be taken; 
and 
(3) the amounts authorized under subsections (b)(3) and 
(c)(3) of section 10807 have been appropriated. 
(e) FAILURE TO PUBLISH STATEMENT OF FINDINGS.—If the Sec-
retary does not publish a statement of findings under subsection 
(d) by March 31, 2016— 
(1) the Agreement and this subtitle shall not take effect; 
and 
(2) any funds that have been appropriated under this sub-
title shall immediately revert to the general fund of the United 
States Treasury. 
(f) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Each applicable period of limitation and 
time-based equitable defense relating to a claim described in 
this section shall be tolled for the period beginning on the 
date of enactment of this Act and ending on the date on which 
Time period. 
Reversion. 
Deadline. 
Federal Register, 
publication. 
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123 STAT. 1413 
PUBLIC LAW 111–11—MAR. 30, 2009 
the amounts authorized to be appropriated under subsections 
(b)(3) and (c)(3) of section 10807 are appropriated. 
(2) EFFECT OF SUBPARAGRAPH.—Nothing in this subpara-
graph revives any claim or tolls any period of limitation or 
time-based equitable defense that expired before the date of 
enactment of this Act. 
SEC. 10809. MISCELLANEOUS. 
(a) GENERAL
DISCLAIMER.—The parties to the Agreement 
expressly reserve all rights not specifically granted, recognized, 
or relinquished by— 
(1) the settlement described in the Agreement; or 
(2) this subtitle. 
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing in this sub-
title— 
(1) establishes a standard for quantifying— 
(A) a Federal reserved water right; 
(B) an aboriginal claim; or 
(C) any other water right claim of an Indian tribe 
in a judicial or administrative proceeding; 
(2) affects the ability of the United States, acting in its 
sovereign capacity, to take actions authorized by law, including 
any laws relating to health, safety, or the environment, 
including the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly 
known as the ‘‘Resource Conservation and Recovery Act of 
1976’’), and the regulations implementing those Acts; 
(3) affects the ability of the United States to take actions, 
acting in its capacity as trustee for any other Tribe, Pueblo, 
or allottee; 
(4) waives any claim of a member of the Tribes in an 
individual capacity that does not derive from a right of the 
Tribes; or 
(5) limits the right of a party to the Agreement to litigate 
any issue not resolved by the Agreement or this subtitle. 
(c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle con-
stitutes an admission against interest by a party in any legal 
proceeding. 
(d) RESERVATION.—The Reservation shall be— 
(1) considered to be the property of the Tribes; and 
(2) permanently held in trust by the United States for 
the sole use and benefit of the Tribes. 
(e) JURISDICTION.— 
(1) SUBJECT MATTER JURISDICTION.—Nothing in the Agree-
ment or this subtitle restricts, enlarges, or otherwise determines 
the subject matter jurisdiction of any Federal, State, or tribal 
court. 
(2) CIVIL OR REGULATORY JURISDICTION.—Nothing in the 
Agreement or this subtitle impairs or impedes the exercise 
of any civil or regulatory authority of the United States, the 
State, or the Tribes. 
(3) CONSENT TO JURISDICTION.—The United States consents 
to jurisdiction in a proper forum for purposes of enforcing 
the provisions of the Agreement. 
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123 STAT. 1414 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
confers jurisdiction on any State court to— 
(A) interpret Federal law regarding the health, safety, 
or the environment or determine the duties of the United 
States or other parties pursuant to such Federal law; or 
(B) conduct judicial review of a Federal agency action. 
TITLE XI—UNITED STATES GEOLOGI-
CAL SURVEY AUTHORIZATIONS 
SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAP-
PING ACT OF 1992. 
(a) FINDINGS.—Section 2(a) of the National Geologic Mapping 
Act of 1992 (43 U.S.C. 31a(a)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) although significant progress has been made in the 
production of geologic maps since the establishment of the 
national cooperative geologic mapping program in 1992, no 
modern, digital, geologic map exists for approximately 75 per-
cent of the United States;’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (C), by inserting ‘‘homeland and’’ 
after ‘‘planning for’’; 
(B) in subparagraph (E), by striking ‘‘predicting’’ and 
inserting ‘‘identifying’’; 
(C) in subparagraph (I), by striking ‘‘and’’ after the 
semicolon at the end; 
(D) by redesignating subparagraph (J) as subparagraph 
(K); and 
(E) by inserting after subparagraph (I) the following: 
‘‘(J) recreation and public awareness; and’’; and 
(3) in paragraph (9), by striking ‘‘important’’ and inserting 
‘‘available’’. 
(b) PURPOSE.—Section 2(b) of the National Geologic Mapping 
Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ‘‘and manage-
ment’’ before the period at the end. 
(c) DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL 
SURVEY.—Section 4(b)(1) of the National Geologic Mapping Act 
of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence— 
(1) in subparagraph (A), by striking ‘‘not later than’’ and 
all that follows through the semicolon and inserting ‘‘not later 
than 1 year after the date of enactment of the Omnibus Public 
Land Management Act of 2009;’’; 
(2) in subparagraph (B), by striking ‘‘not later than’’ and 
all that follows through ‘‘in accordance’’ and inserting ‘‘not 
later than 1 year after the date of enactment of the Omnibus 
Public Land Management Act of 2009 in accordance’’; and 
(3) in the matter preceding clause (i) of subparagraph (C), 
by striking ‘‘not later than’’ and all that follows through 
‘‘submit’’ and inserting ‘‘submit biennially’’. 
(d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.—Section 4(c)(2) 
of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) 
is amended— 
(1) by striking ‘‘geophysical-map data base, geochemical- 
map data base, and a’’; and 
(2) by striking ‘‘provide’’ and inserting ‘‘provides’’. 
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123 STAT. 1415 
PUBLIC LAW 111–11—MAR. 30, 2009 
(e) 
GEOLOGIC
MAPPING
PROGRAM
COMPONENTS.—Section 
4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43 
U.S.C. 31c(d)(1)(B)(ii)) is amended— 
(1) in subclause (I), by striking ‘‘and’’ after the semicolon 
at the end; 
(2) in subclause (II), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(III) the needs of land management agencies 
of the Department of the Interior.’’. 
(f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 
(1) MEMBERSHIP.—Section 5(a) of the National Geologic 
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended— 
(A) in paragraph (2)— 
(i) by inserting ‘‘the Secretary of the Interior or 
a designee from a land management agency of the 
Department of the Interior,’’ after ‘‘Administrator of 
the Environmental Protection Agency or a designee,’’; 
(ii) by inserting ‘‘and’’ after ‘‘Energy or a designee,’’; 
and 
(iii) by striking ‘‘, and the Assistant to the Presi-
dent for Science and Technology or a designee’’; and 
(B) in paragraph (3)— 
(i) by striking ‘‘Not later than’’ and all that follows 
through ‘‘consultation’’ and inserting ‘‘In consultation’’; 
(ii) by striking ‘‘Chief Geologist, as Chairman’’ and 
inserting ‘‘Associate Director for Geology, as Chair’’; 
and 
(iii) by striking ‘‘one representative from the pri-
vate sector’’ and inserting ‘‘2 representatives from the 
private sector’’. 
(2) DUTIES.—Section 5(b) of the National Geologic Mapping 
Act of 1992 (43 U.S.C. 31d(b)) is amended— 
(A) in paragraph (2), by striking ‘‘and’’ at the end; 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by inserting after paragraph (2) the following: 
‘‘(3) provide a scientific overview of geologic maps (including 
maps of geologic-based hazards) used or disseminated by Fed-
eral agencies for regulation or land-use planning; and’’. 
(3) CONFORMING
AMENDMENT.—Section 5(a)(1) of the 
National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) 
is amended by striking ‘‘10-member’’ and inserting ‘‘11- 
member’’. 
(g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.—Sec-
tion 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 
31f(a)) is amended— 
(1) in paragraph (1), by striking ‘‘geologic map’’ and 
inserting ‘‘geologic-map’’; and 
(2) in paragraph (2), by striking subparagraph (A) and 
inserting the following: 
‘‘(A) all maps developed with funding provided by the 
National Cooperative Geologic Mapping Program, including 
under the Federal, State, and education components;’’. 
(h) BIENNIAL REPORT.—Section 8 of the National Geologic Map-
ping Act of 1992 (43 U.S.C. 31g) is amended by striking ‘‘Not 
later’’ and all that follows through ‘‘biennially’’ and inserting ‘‘Not 
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123 STAT. 1416 
PUBLIC LAW 111–11—MAR. 30, 2009 
later than 3 years after the date of enactment of the Omnibus 
Public Land Management Act of 2009 and biennially’’. 
(i) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.—Section 
9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) 
is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—There is authorized to be appropriated to 
carry out this Act $64,000,000 for each of fiscal years 2009 through 
2018.’’; and 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘2000’’ and inserting ‘‘2005’’; 
(B) in paragraph (1), by striking ‘‘48’’ and inserting 
‘‘50’’; and 
(C) in paragraph (2), by striking 2 and inserting ‘‘4’’. 
SEC. 11002. NEW MEXICO WATER RESOURCES STUDY. 
(a) IN GENERAL.—The Secretary of the Interior, acting through 
the Director of the United States Geological Survey (referred to 
in this section as the ‘‘Secretary’’), in coordination with the State 
of New Mexico (referred to in this section as the ‘‘State’’) and 
any other entities that the Secretary determines to be appropriate 
(including other Federal agencies and institutions of higher edu-
cation), shall, in accordance with this section and any other 
applicable law, conduct a study of water resources in the State, 
including— 
(1) a survey of groundwater resources, including an analysis 
of— 
(A) aquifers in the State, including the quantity of 
water in the aquifers; 
(B) the availability of groundwater resources for human 
use; 
(C) the salinity of groundwater resources; 
(D) the potential of the groundwater resources to 
recharge; 
(E) the interaction between groundwater and surface 
water; 
(F) the susceptibility of the aquifers to contamination; 
and 
(G) any other relevant criteria; and 
(2) a characterization of surface and bedrock geology, 
including the effect of the geology on groundwater yield and 
quality. 
(b) STUDY AREAS.—The study carried out under subsection 
(a) shall include the Estancia Basin, Salt Basin, Tularosa Basin, 
Hueco Basin, and middle Rio Grande Basin in the State. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives a report that describes 
the results of the study. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
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123 STAT. 1417 
PUBLIC LAW 111–11—MAR. 30, 2009 
TITLE XII—OCEANS 
Subtitle A—Ocean Exploration 
PART I—EXPLORATION 
SEC. 12001. PURPOSE. 
The purpose of this part is to establish the national ocean 
exploration program and the national undersea research program 
within the National Oceanic and Atmospheric Administration. 
SEC. 12002. PROGRAM ESTABLISHED. 
The Administrator of the National Oceanic and Atmospheric 
Administration shall, in consultation with the National Science 
Foundation and other appropriate Federal agencies, establish a 
coordinated national ocean exploration program within the National 
Oceanic and Atmospheric Administration that promotes collabora-
tion with other Federal ocean and undersea research and explo-
ration programs. To the extent appropriate, the Administrator shall 
seek to facilitate coordination of data and information management 
systems, outreach and education programs to improve public under-
standing of ocean and coastal resources, and development and 
transfer of technologies to facilitate ocean and undersea research 
and exploration. 
SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR. 
(a) IN GENERAL.—In carrying out the program authorized by 
section 12002, the Administrator of the National Oceanic and 
Atmospheric Administration shall— 
(1) conduct interdisciplinary voyages or other scientific 
activities in conjunction with other Federal agencies or aca-
demic or educational institutions, to explore and survey little 
known areas of the marine environment, inventory, observe, 
and assess living and nonliving marine resources, and report 
such findings; 
(2) give priority attention to deep ocean regions, with a 
focus on deep water marine systems that hold potential for 
important scientific discoveries, such as hydrothermal vent 
communities and seamounts; 
(3) conduct scientific voyages to locate, define, and docu-
ment historic shipwrecks, submerged sites, and other ocean 
exploration activities that combine archaeology and oceano-
graphic sciences; 
(4) develop and implement, in consultation with the 
National Science Foundation, a transparent, competitive 
process for merit-based peer-review and approval of proposals 
for activities to be conducted under this program, taking into 
consideration advice of the Board established under section 
12005; 
(5) enhance the technical capability of the United States 
marine science community by promoting the development of 
improved oceanographic research, communication, navigation, 
and data collection systems, as well as underwater platforms 
and sensor and autonomous vehicles; and 
(6) establish an ocean exploration forum to encourage part-
nerships and promote communication among experts and other 
33 USC 3403. 
33 USC 3402. 
33 USC 3401. 
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123 STAT. 1418 
PUBLIC LAW 111–11—MAR. 30, 2009 
stakeholders in order to enhance the scientific and technical 
expertise and relevance of the national program. 
(b) DONATIONS.—The Administrator may accept donations of 
property, data, and equipment to be applied for the purpose of 
exploring the oceans or increasing knowledge of the oceans. 
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECH-
NOLOGY AND INFRASTRUCTURE TASK FORCE. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration, in coordination with the National 
Science Foundation, the National Aeronautics and Space Adminis-
tration, the United States Geological Survey, the Department of 
the Navy, the Mineral Management Service, and relevant govern-
mental, non-governmental, academic, industry, and other experts, 
shall convene an ocean exploration and undersea research tech-
nology and infrastructure task force to develop and implement 
a strategy— 
(1) to facilitate transfer of new exploration and undersea 
research technology to the programs authorized under this 
part and part II of this subtitle; 
(2) to improve availability of communications infrastruc-
ture, including satellite capabilities, to such programs; 
(3) to develop an integrated, workable, and comprehensive 
data management information processing system that will make 
information on unique and significant features obtained by 
such programs available for research and management pur-
poses; 
(4) to conduct public outreach activities that improve the 
public understanding of ocean science, resources, and processes, 
in conjunction with relevant programs of the National Oceanic 
and Atmospheric Administration, the National Science Founda-
tion, and other agencies; and 
(5) to encourage cost-sharing partnerships with govern-
mental and nongovernmental entities that will assist in 
transferring exploration and undersea research technology and 
technical expertise to the programs. 
(b) BUDGET COORDINATION.—The task force shall coordinate 
the development of agency budgets and identify the items in their 
annual budget that support the activities identified in the strategy 
developed under subsection (a). 
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Administrator of the National Oce-
anic and Atmospheric Administration shall appoint an Ocean Explo-
ration Advisory Board composed of experts in relevant fields— 
(1) to advise the Administrator on priority areas for survey 
and discovery; 
(2) to assist the program in the development of a 5-year 
strategic plan for the fields of ocean, marine, and Great Lakes 
science, exploration, and discovery; 
(3) to annually review the quality and effectiveness of 
the 
proposal 
review 
process 
established 
under 
section 
12003(a)(4); and 
(4) to provide other assistance and advice as requested 
by the Administrator. 
(b) FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Board appointed under subsection (a). 
33 USC 3405. 
Establishment. 
Strategic plan. 
33 USC 3404. 
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123 STAT. 1419 
PUBLIC LAW 111–11—MAR. 30, 2009 
(c) APPLICATION WITH OUTER CONTINENTAL SHELF LANDS 
ACT.—Nothing in part supersedes, or limits the authority of the 
Secretary of the Interior under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.). 
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the National Oceanic 
and Atmospheric Administration to carry out this part— 
(1) $33,550,000 for fiscal year 2009; 
(2) $36,905,000 for fiscal year 2010; 
(3) $40,596,000 for fiscal year 2011; 
(4) $44,655,000 for fiscal year 2012; 
(5) $49,121,000 for fiscal year 2013; 
(6) $54,033,000 for fiscal year 2014; and 
(7) $59,436,000 for fiscal year 2015. 
PART II—NOAA UNDERSEA RESEARCH 
PROGRAM ACT OF 2009 
SEC. 12101. SHORT TITLE. 
This part may be cited as the ‘‘NOAA Undersea Research 
Program Act of 2009’’. 
SEC. 12102. PROGRAM ESTABLISHED. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration shall establish and maintain an 
undersea research program and shall designate a Director of that 
program. 
(b) PURPOSE.—The purpose of the program is to increase sci-
entific knowledge essential for the informed management, use, and 
preservation of oceanic, marine, and coastal areas and the Great 
Lakes. 
SEC. 12103. POWERS OF PROGRAM DIRECTOR. 
The Director of the program, in carrying out the program, 
shall— 
(1) cooperate with institutions of higher education and 
other educational marine and ocean science organizations, and 
shall make available undersea research facilities, equipment, 
technologies, information, and expertise to support undersea 
research efforts by these organizations; 
(2) enter into partnerships, as appropriate and using 
existing authorities, with the private sector to achieve the 
goals of the program and to promote technological advancement 
of the marine industry; and 
(3) coordinate the development of agency budgets and iden-
tify the items in their annual budget that support the activities 
described in paragraphs (1) and (2). 
SEC. 12104. ADMINISTRATIVE STRUCTURE. 
(a) IN GENERAL.—The program shall be conducted through 
a national headquarters, a network of extramural regional undersea 
research centers that represent all relevant National Oceanic and 
Atmospheric Administration regions, and the National Institute 
for Undersea Science and Technology. 
(b) DIRECTION.—The Director shall develop the overall direction 
of the program in coordination with a Council of Center Directors 
comprised of the directors of the extramural regional centers and 
Deadlines. 
Federal Register, 
publication. 
Public comment. 
33 USC 3423. 
33 USC 3422. 
33 USC 3421. 
NOAA Undersea 
Research 
Program Act 
of 2009. 
33 USC 3401 
note. 
33 USC 3406. 
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123 STAT. 1420 
PUBLIC LAW 111–11—MAR. 30, 2009 
the National Institute for Undersea Science and Technology. The 
Director shall publish a draft program direction document not later 
than 1 year after the date of enactment of this Act in the Federal 
Register for a public comment period of not less than 120 days. 
The Director shall publish a final program direction, including 
responses to the comments received during the public comment 
period, in the Federal Register within 90 days after the close 
of the comment period. The program director shall update the 
program direction, with opportunity for public comment, at least 
every 5 years. 
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY 
PROGRAMS. 
(a) IN GENERAL.—The following research, exploration, edu-
cation, and technology programs shall be conducted through the 
network of regional centers and the National Institute for Undersea 
Science and Technology: 
(1) Core research and exploration based on national and 
regional undersea research priorities. 
(2) Advanced undersea technology development to support 
the National Oceanic and Atmospheric Administration’s 
research mission and programs. 
(3) Undersea science-based education and outreach pro-
grams to enrich ocean science education and public awareness 
of the oceans and Great Lakes. 
(4) Development, testing, and transition of advanced 
undersea technology associated with ocean observatories, 
submersibles, advanced diving technologies, remotely operated 
vehicles, autonomous underwater vehicles, and new sampling 
and sensing technologies. 
(5) Discovery, study, and development of natural resources 
and products from ocean, coastal, and aquatic systems. 
(b) OPERATIONS.—The Director of the program, through oper-
ation of the extramural regional centers and the National Institute 
for Undersea Science and Technology, shall leverage partnerships 
and cooperative research with academia and private industry. 
SEC. 12106. COMPETITIVENESS. 
(a) DISCRETIONARY FUND.—The Program shall allocate no more 
than 10 percent of its annual budget to a discretionary fund that 
may be used only for program administration and priority undersea 
research projects identified by the Director but not covered by 
funding available from centers. 
(b) COMPETITIVE SELECTION.—The Administrator shall conduct 
an initial competition to select the regional centers that will partici-
pate in the program 90 days after the publication of the final 
program direction under section 12104 and every 5 years thereafter. 
Funding for projects conducted through the regional centers shall 
be awarded through a competitive, merit-reviewed process on the 
basis of their relevance to the goals of the program and their 
technical feasibility. 
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the National Oceanic 
and Atmospheric Administration— 
(1) for fiscal year 2009— 
33 USC 3426. 
Deadlines. 
33 USC 3425. 
33 USC 3424. 
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123 STAT. 1421 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) $13,750,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $5,500,000 for the National Technology Institute; 
(2) for fiscal year 2010— 
(A) $15,125,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $6,050,000 for the National Technology Institute; 
(3) for fiscal year 2011— 
(A) $16,638,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $6,655,000 for the National Technology Institute; 
(4) for fiscal year 2012— 
(A) $18,301,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $7,321,000 for the National Technology Institute; 
(5) for fiscal year 2013— 
(A) $20,131,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $8,053,000 for the National Technology Institute; 
(6) for fiscal year 2014— 
(A) $22,145,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $8,859,000 for the National Technology Institute; 
and 
(7) for fiscal year 2015— 
(A) $24,359,000 for the regional centers, of which 50 
percent shall be for West Coast regional centers and 50 
percent shall be for East Coast regional centers; and 
(B) $9,744,000 for the National Technology Institute. 
Subtitle B—Ocean and Coastal Mapping 
Integration Act 
SEC. 12201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ocean and Coastal Mapping 
Integration Act’’. 
SEC. 12202. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The President, in coordination with the Inter-
agency Committee on Ocean and Coastal Mapping and affected 
coastal states, shall establish a program to develop a coordinated 
and comprehensive Federal ocean and coastal mapping plan for 
the Great Lakes and coastal state waters, the territorial sea, the 
exclusive economic zone, and the continental shelf of the United 
States that enhances ecosystem approaches in decision-making for 
conservation and management of marine resources and habitats, 
establishes research and mapping priorities, supports the siting 
of research and other platforms, and advances ocean and coastal 
science. 
President. 
33 USC 3501. 
33 USC 3501 
note. 
Ocean and 
Coastal Mapping 
Integration Act. 
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123 STAT. 1422 
PUBLIC LAW 111–11—MAR. 30, 2009 
(b) MEMBERSHIP.—The Committee shall be comprised of high- 
level representatives of the Department of Commerce, through the 
National Oceanic and Atmospheric Administration, the Department 
of the Interior, the National Science Foundation, the Department 
of Defense, the Environmental Protection Agency, the Department 
of Homeland Security, the National Aeronautics and Space Adminis-
tration, and other appropriate Federal agencies involved in ocean 
and coastal mapping. 
(c) PROGRAM PARAMETERS.—In developing such a program, the 
President, through the Committee, shall— 
(1) identify all Federal and federally-funded programs con-
ducting shoreline delineation and ocean or coastal mapping, 
noting geographic coverage, frequency, spatial coverage, resolu-
tion, and subject matter focus of the data and location of 
data archives; 
(2) facilitate cost-effective, cooperative mapping efforts that 
incorporate policies for contracting with non-governmental enti-
ties among all Federal agencies conducting ocean and coastal 
mapping, by increasing data sharing, developing appropriate 
data acquisition and metadata standards, and facilitating the 
interoperability of in situ data collection systems, data proc-
essing, archiving, and distribution of data products; 
(3) facilitate the adaptation of existing technologies as well 
as foster expertise in new ocean and coastal mapping tech-
nologies, including through research, development, and training 
conducted among Federal agencies and in cooperation with 
non-governmental entities; 
(4) develop standards and protocols for testing innovative 
experimental mapping technologies and transferring new tech-
nologies between the Federal Government, coastal state, and 
non-governmental entities; 
(5) provide for the archiving, management, and distribution 
of data sets through a national registry as well as provide 
mapping products and services to the general public in service 
of statutory requirements; 
(6) develop data standards and protocols consistent with 
standards developed by the Federal Geographic Data Com-
mittee for use by Federal, coastal state, and other entities 
in mapping and otherwise documenting locations of federally 
permitted activities, living and nonliving coastal and marine 
resources, marine ecosystems, sensitive habitats, submerged 
cultural resources, undersea cables, offshore aquaculture 
projects, offshore energy projects, and any areas designated 
for purposes of environmental protection or conservation and 
management of living and nonliving coastal and marine 
resources; 
(7) identify the procedures to be used for coordinating the 
collection and integration of Federal ocean and coastal mapping 
data with coastal state and local government programs; 
(8) facilitate, to the extent practicable, the collection of 
real-time tide data and the development of hydrodynamic 
models for coastal areas to allow for the application of V- 
datum tools that will facilitate the seamless integration of 
onshore and offshore maps and charts; 
(9) establish a plan for the acquisition and collection of 
ocean and coastal mapping data; and 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(10) set forth a timetable for completion and implementa-
tion of the plan. 
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAP-
PING. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration, within 30 days after the date 
of enactment of this Act, shall convene or utilize an existing inter-
agency committee on ocean and coastal mapping to implement 
section 12202. 
(b) MEMBERSHIP.—The committee shall be comprised of senior 
representatives from Federal agencies with ocean and coastal map-
ping and surveying responsibilities. The representatives shall be 
high-ranking officials of their respective agencies or departments 
and, whenever possible, the head of the portion of the agency 
or department that is most relevant to the purposes of this subtitle. 
Membership shall include senior representatives from the National 
Oceanic and Atmospheric Administration, the Chief of Naval Oper-
ations, the United States Geological Survey, the Minerals Manage-
ment Service, the National Science Foundation, the National 
Geospatial-Intelligence Agency, the United States Army Corps of 
Engineers, the Coast Guard, the Environmental Protection Agency, 
the Federal Emergency Management Agency, the National Aero-
nautics and Space Administration, and other appropriate Federal 
agencies involved in ocean and coastal mapping. 
(c) CO-CHAIRMEN.—The Committee shall be co-chaired by the 
representative of the Department of Commerce and a representative 
of the Department of the Interior. 
(d) SUBCOMMITTEE.—The co-chairmen shall establish a sub-
committee to carry out the day-to-day work of the Committee, 
comprised of senior representatives of any member agency of the 
committee. Working groups may be formed by the full Committee 
to address issues of short duration. The subcommittee shall be 
chaired by the representative from the National Oceanic and 
Atmospheric Administration. The chairmen of the Committee may 
create such additional subcommittees and working groups as may 
be needed to carry out the work of Committee. 
(e) MEETINGS.—The committee shall meet on a quarterly basis, 
but each subcommittee and each working group shall meet on 
an as-needed basis. 
(f) COORDINATION.—The committee shall coordinate activities 
when appropriate, with— 
(1) other Federal efforts, including the Digital Coast, 
Geospatial One-Stop, and the Federal Geographic Data Com-
mittee; 
(2) international mapping activities; 
(3) coastal states; 
(4) user groups through workshops and other appropriate 
mechanisms; and 
(5) representatives of nongovernmental entities. 
(g) ADVISORY PANEL.—The Administrator may convene an ocean 
and coastal mapping advisory panel consisting of representatives 
from non-governmental entities to provide input regarding activities 
of the committee in consultation with the interagency committee. 
SEC. 12204. BIENNIAL REPORTS. 
No later than 18 months after the date of enactment of this 
Act, and biennially thereafter, the co-chairmen of the Committee 
33 USC 3503. 
Deadline. 
Establishment. 
33 USC 3502. 
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123 STAT. 1424 
PUBLIC LAW 111–11—MAR. 30, 2009 
shall transmit to the Committees on Commerce, Science, and 
Transportation and Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Represent-
atives a report detailing progress made in implementing this sub-
title, including— 
(1) an inventory of ocean and coastal mapping data within 
the territorial sea and the exclusive economic zone and through-
out the Continental Shelf of the United States, noting the 
age and source of the survey and the spatial resolution 
(metadata) of the data; 
(2) identification of priority areas in need of survey coverage 
using present technologies; 
(3) a resource plan that identifies when priority areas 
in need of modern ocean and coastal mapping surveys can 
be accomplished; 
(4) the status of efforts to produce integrated digital maps 
of ocean and coastal areas; 
(5) a description of any products resulting from coordinated 
mapping efforts under this subtitle that improve public under-
standing of the coasts and oceans, or regulatory decisionmaking; 
(6) documentation of minimum and desired standards for 
data acquisition and integrated metadata; 
(7) a statement of the status of Federal efforts to leverage 
mapping technologies, coordinate mapping activities, share 
expertise, and exchange data; 
(8) a statement of resource requirements for organizations 
to meet the goals of the program, including technology needs 
for data acquisition, processing, and distribution systems; 
(9) a statement of the status of efforts to declassify data 
gathered by the Navy, the National Geospatial-Intelligence 
Agency, and other agencies to the extent possible without jeop-
ardizing national security, and make it available to partner 
agencies and the public; 
(10) a resource plan for a digital coast integrated mapping 
pilot project for the northern Gulf of Mexico that will— 
(A) cover the area from the authorized coastal counties 
through the territorial sea; 
(B) identify how such a pilot project will leverage public 
and private mapping data and resources, such as the 
United States Geological Survey National Map, to result 
in an operational coastal change assessment program for 
the subregion; 
(11) the status of efforts to coordinate Federal programs 
with coastal state and local government programs and leverage 
those programs; 
(12) a description of efforts of Federal agencies to increase 
contracting with nongovernmental entities; and 
(13) an inventory and description of any new Federal or 
federally funded programs conducting shoreline delineation and 
ocean or coastal mapping since the previous reporting cycle. 
SEC. 12205. PLAN. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Administrator, in consultation with the 
Committee, shall develop and submit to the Congress a plan for 
an integrated ocean and coastal mapping initiative within the 
National Oceanic and Atmospheric Administration. 
Deadline. 
33 USC 3504. 
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123 STAT. 1425 
PUBLIC LAW 111–11—MAR. 30, 2009 
(b) PLAN REQUIREMENTS.—The plan shall— 
(1) identify and describe all ocean and coastal mapping 
programs within the agency, including those that conduct map-
ping or related activities in the course of existing missions, 
such as hydrographic surveys, ocean exploration projects, living 
marine resource conservation and management programs, 
coastal zone management projects, and ocean and coastal 
observations and science projects; 
(2) establish priority mapping programs and establish and 
periodically update priorities for geographic areas in surveying 
and mapping across all missions of the National Oceanic and 
Atmospheric Administration, as well as minimum data acquisi-
tion and metadata standards for those programs; 
(3) encourage the development of innovative ocean and 
coastal 
mapping 
technologies 
and 
applications, 
through 
research and development through cooperative or other agree-
ments with joint or cooperative research institutes or centers 
and with other non-governmental entities; 
(4) document available and developing technologies, best 
practices in data processing and distribution, and leveraging 
opportunities with other Federal agencies, coastal states, and 
non-governmental entities; 
(5) identify training, technology, and other resource require-
ments for enabling the National Oceanic and Atmospheric 
Administration’s programs, vessels, and aircraft to support a 
coordinated ocean and coastal mapping program; 
(6) identify a centralized mechanism or office for coordi-
nating data collection, processing, archiving, and dissemination 
activities of all such mapping programs within the National 
Oceanic and Atmospheric Administration that meets Federal 
mandates for data accuracy and accessibility and designate 
a repository that is responsible for archiving and managing 
the distribution of all ocean and coastal mapping data to sim-
plify the provision of services to benefit Federal and coastal 
state programs; and 
(7) set forth a timetable for implementation and completion 
of the plan, including a schedule for submission to the Congress 
of periodic progress reports and recommendations for inte-
grating approaches developed under the initiative into the inter-
agency program. 
(c) NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS.— 
The Administrator may maintain and operate up to 3 joint ocean 
and coastal mapping centers, including a joint hydrographic center, 
which shall each be co-located with an institution of higher edu-
cation. The centers shall serve as hydrographic centers of excellence 
and may conduct activities necessary to carry out the purposes 
of this subtitle, including— 
(1) research and development of innovative ocean and 
coastal mapping technologies, equipment, and data products; 
(2) mapping of the United States Outer Continental Shelf 
and other regions; 
(3) data processing for nontraditional data and uses; 
(4) advancing the use of remote sensing technologies, for 
related issues, including mapping and assessment of essential 
fish habitat and of coral resources, ocean observations, and 
ocean exploration; and 
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123 STAT. 1426 
PUBLIC LAW 111–11—MAR. 30, 2009 
(5) providing graduate education and training in ocean 
and coastal mapping sciences for members of the National 
Oceanic and Atmospheric Administration Commissioned Officer 
Corps, personnel of other agencies with ocean and coastal map-
ping programs, and civilian personnel. 
(d) NOAA REPORT.—The Administrator shall continue devel-
oping a strategy for expanding contracting with non-governmental 
entities to minimize duplication and take maximum advantage of 
nongovernmental capabilities in fulfilling the Administration’s map-
ping and charting responsibilities. Within 120 days after the date 
of enactment of this Act, the Administrator shall transmit a report 
describing the strategy developed under this subsection to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Natural Resources of the House of Represent-
atives. 
SEC. 12206. EFFECT ON OTHER LAWS. 
Nothing in this subtitle shall be construed to supersede or 
alter the existing authorities of any Federal agency with respect 
to ocean and coastal mapping. 
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—In addition to the amounts authorized by 
section 306 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892d), there are authorized to be appropriated to the 
Administrator to carry out this subtitle— 
(1) $26,000,000 for fiscal year 2009; 
(2) $32,000,000 for fiscal year 2010; 
(3) $38,000,000 for fiscal year 2011; and 
(4) $45,000,000 for each of fiscal years 2012 through 2015. 
(b) JOINT OCEAN
AND COASTAL MAPPING CENTERS.—Of the 
amounts appropriated pursuant to subsection (a), the following 
amounts shall be used to carry out section 12205(c) of this subtitle: 
(1) $11,000,000 for fiscal year 2009. 
(2) $12,000,000 for fiscal year 2010. 
(3) $13,000,000 for fiscal year 2011. 
(4) $15,000,000 for each of fiscal years 2012 through 2015. 
(c) COOPERATIVE
AGREEMENTS.—To carry out interagency 
activities under section 12203 of this subtitle, the head of any 
department or agency may execute a cooperative agreement with 
the Administrator, including those authorized by section 5 of the 
Act of August 6, 1947 (33 U.S.C. 883e). 
SEC. 12208. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’ ’’ means the 
Administrator of the National Oceanic and Atmospheric 
Administration. 
(2) COASTAL
STATE.—The term ‘‘coastal state’’ has the 
meaning given that term by section 304(4) of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1453(4). 
(3) COMMITTEE.—The term ‘‘Committee’’ means the Inter-
agency Ocean and Coastal Mapping Committee established by 
section 12203. 
(4) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive eco-
nomic zone’’ means the exclusive economic zone of the United 
States established by Presidential Proclamation No. 5030, of 
March 10, 1983. 
33 USC 3507. 
33 USC 3506. 
33 USC 3505. 
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123 STAT. 1427 
PUBLIC LAW 111–11—MAR. 30, 2009 
(5) OCEAN AND COASTAL MAPPING.—The term ‘‘ocean and 
coastal mapping’’ means the acquisition, processing, and 
management of physical, biological, geological, chemical, and 
archaeological characteristics and boundaries of ocean and 
coastal areas, resources, and sea beds through the use of acous-
tics, satellites, aerial photogrammetry, light and imaging, direct 
sampling, and other mapping technologies. 
(6) TERRITORIAL
SEA.—The term ‘‘territorial sea’’ means 
the belt of sea measured from the baseline of the United States 
determined in accordance with international law, as set forth 
in Presidential Proclamation Number 5928, dated December 
27, 1988. 
(7) NONGOVERNMENTAL ENTITIES.—The term ‘‘nongovern-
mental entities’’ includes nongovernmental organizations, mem-
bers of the academic community, and private sector organiza-
tions that provide products and services associated with meas-
uring, locating, and preparing maps, charts, surveys, aerial 
photographs, satellite imagines, or other graphical or digital 
presentations depicting natural or manmade physical features, 
phenomena, and legal boundaries of the Earth. 
(8) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Conti-
nental Shelf’’ means all submerged lands lying seaward and 
outside of lands beneath navigable waters (as that term is 
defined in section 2 of the Submerged Lands Act (43 U.S.C. 
1301)), and of which the subsoil and seabed appertain to the 
United States and are subject to its jurisdiction and control. 
Subtitle C—Integrated Coastal and Ocean 
Observation System Act of 2009 
SEC. 12301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Integrated Coastal and 
Ocean Observation System Act of 2009’’. 
SEC. 12302. PURPOSES. 
The purposes of this subtitle are to— 
(1) establish a national integrated System of ocean, coastal, 
and Great Lakes observing systems, comprised of Federal and 
non-Federal components coordinated at the national level by 
the National Ocean Research Leadership Council and at the 
regional level by a network of regional information coordination 
entities, and that includes in situ, remote, and other coastal 
and ocean observation, technologies, and data management and 
communication systems, and is designed to address regional 
and national needs for ocean information, to gather specific 
data on key coastal, ocean, and Great Lakes variables, and 
to ensure timely and sustained dissemination and availability 
of these data to— 
(A) support national defense, marine commerce, 
navigation safety, weather, climate, and marine forecasting, 
energy siting and production, economic development, eco-
system-based marine, coastal, and Great Lakes resource 
management, public safety, and public outreach training 
and education; 
33 USC 3601. 
Integrated 
Coastal and 
Ocean 
Observation 
System Act 
of 2009. 
33 USC 3601 
note. 
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123 STAT. 1428 
PUBLIC LAW 111–11—MAR. 30, 2009 
(B) promote greater public awareness and stewardship 
of the Nation’s ocean, coastal, and Great Lakes resources 
and the general public welfare; and 
(C) enable advances in scientific understanding to sup-
port the sustainable use, conservation, management, and 
understanding of healthy ocean, coastal, and Great Lakes 
resources; 
(2) improve the Nation’s capability to measure, track, 
explain, and predict events related directly and indirectly to 
weather and climate change, natural climate variability, and 
interactions between the oceanic and atmospheric environ-
ments, including the Great Lakes; and 
(3) authorize activities to promote basic and applied 
research to develop, test, and deploy innovations and improve-
ments in coastal and ocean observation technologies, modeling 
systems, and other scientific and technological capabilities to 
improve our conceptual understanding of weather and climate, 
ocean-atmosphere dynamics, global climate change, physical, 
chemical, and biological dynamics of the ocean, coastal and 
Great Lakes environments, and to conserve healthy and restore 
degraded coastal ecosystems. 
SEC. 12303. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Under Secretary of Commerce for Oceans and Atmosphere in 
the Under Secretary’s capacity as Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) COUNCIL.—The term ‘‘Council’’ means the National 
Ocean Research Leadership Council established by section 7902 
of title 10, United States Code. 
(3) FEDERAL ASSETS.—The term ‘‘Federal assets’’ means 
all relevant non-classified civilian coastal and ocean observa-
tions, technologies, and related modeling, research, data 
management, basic and applied technology research and 
development, and public education and outreach programs, that 
are managed by member agencies of the Council. 
(4) INTERAGENCY
OCEAN
OBSERVATION
COMMITTEE.—The 
term ‘‘Interagency Ocean Observation Committee’’ means the 
committee established under section 12304(c)(2). 
(5) NON-FEDERAL ASSETS.—The term ‘‘non-Federal assets’’ 
means all relevant coastal and ocean observation technologies, 
related basic and applied technology research and development, 
and public education and outreach programs that are integrated 
into the System and are managed through States, regional 
organizations, universities, nongovernmental organizations, or 
the private sector. 
(6) REGIONAL INFORMATION COORDINATION ENTITIES.— 
(A) IN
GENERAL.—The term ‘‘regional information 
coordination entity’’ means an organizational body that 
is certified or established by contract or memorandum by 
the lead Federal agency designated in section 12304(c)(3) 
of this subtitle and coordinates State, Federal, local, and 
private interests at a regional level with the responsibility 
of engaging the private and public sectors in designing, 
operating, and improving regional coastal and ocean 
observing systems in order to ensure the provision of data 
33 USC 3602. 
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123 STAT. 1429 
PUBLIC LAW 111–11—MAR. 30, 2009 
and information that meet the needs of user groups from 
the respective regions. 
(B) CERTAIN
INCLUDED
ASSOCIATIONS.—The term 
‘‘regional information coordination entity’’ includes regional 
associations described in the System Plan. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Commerce, acting through the National Oceanic and 
Atmospheric Administration. 
(8) SYSTEM.—The term ‘‘System’’ means the National 
Integrated Coastal and Ocean Observation System established 
under section 12304. 
(9) SYSTEM
PLAN.—The term ‘‘System Plan’’ means the 
plan contained in the document entitled ‘‘Ocean. US Publication 
No. 9, The First Integrated Ocean Observing System (IOOS) 
Development Plan’’, as updated by the Council under this sub-
title. 
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM. 
(a) ESTABLISHMENT.—The President, acting through the 
Council, shall establish a National Integrated Coastal and Ocean 
Observation System to fulfill the purposes set forth in section 
12302 of this subtitle and the System Plan and to fulfill the Nation’s 
international obligations to contribute to the Global Earth Observa-
tion System of Systems and the Global Ocean Observing System. 
(b) SYSTEM ELEMENTS.— 
(1) IN GENERAL.—In order to fulfill the purposes of this 
subtitle, the System shall be national in scope and consist 
of— 
(A) Federal assets to fulfill national and international 
observation missions and priorities; 
(B) non-Federal assets, including a network of regional 
information coordination entities identified under sub-
section (c)(4), to fulfill regional observation missions and 
priorities; 
(C) data management, communication, and modeling 
systems for the timely integration and dissemination of 
data and information products from the System; 
(D) a research and development program conducted 
under the guidance of the Council, consisting of— 
(i) basic and applied research and technology 
development to improve understanding of coastal and 
ocean systems and their relationships to human activi-
ties and to ensure improvement of operational assets 
and 
products, 
including 
related 
infrastructure, 
observing technologies, and information and data proc-
essing and management technologies; and 
(ii) large scale computing resources and research 
to advance modeling of coastal and ocean processes. 
(2) ENHANCING ADMINISTRATION AND MANAGEMENT.—The 
head of each Federal agency that has administrative jurisdic-
tion over a Federal asset shall support the purposes of this 
subtitle and may take appropriate actions to enhance internal 
agency administration and management to better support, 
integrate, finance, and utilize observation data, products, and 
services developed under this section to further its own agency 
mission and responsibilities. 
President. 
33 USC 3603. 
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123 STAT. 1430 
PUBLIC LAW 111–11—MAR. 30, 2009 
(3) AVAILABILITY
OF
DATA.—The head of each Federal 
agency that has administrative jurisdiction over a Federal asset 
shall make available data that are produced by that asset 
and that are not otherwise restricted for integration, manage-
ment, and dissemination by the System. 
(4) NON-FEDERAL
ASSETS.—Non-Federal assets shall be 
coordinated, as appropriate, by the Interagency Ocean 
Observing Committee or by regional information coordination 
entities. 
(c) 
POLICY
OVERSIGHT, 
ADMINISTRATION, 
AND
REGIONAL 
COORDINATION.— 
(1) COUNCIL FUNCTIONS.—The Council shall serve as the 
policy and coordination oversight body for all aspects of the 
System. In carrying out its responsibilities under this subtitle, 
the Council shall— 
(A) approve and adopt comprehensive System budgets 
developed and maintained by the Interagency Ocean 
Observation Committee to support System operations, 
including operations of both Federal and non-Federal 
assets; 
(B) ensure coordination of the System with other 
domestic and international earth observing activities 
including the Global Ocean Observing System and the 
Global Earth Observing System of Systems, and provide, 
as appropriate, support for and representation on United 
States delegations to international meetings on coastal and 
ocean observing programs; and 
(C) encourage coordinated intramural and extramural 
research and technology development, and a process to 
transition developing technology and methods into oper-
ations of the System. 
(2) INTERAGENCY
OCEAN
OBSERVATION
COMMITTEE.—The 
Council shall establish or designate an Interagency Ocean 
Observation Committee which shall— 
(A) prepare annual and long-term plans for consider-
ation and approval by the Council for the integrated design, 
operation, maintenance, enhancement and expansion of the 
System to meet the objectives of this subtitle and the 
System Plan; 
(B) develop and transmit to Congress at the time of 
submission of the President’s annual budget request an 
annual coordinated, comprehensive budget to operate all 
elements of the System identified in subsection (b), and 
to ensure continuity of data streams from Federal and 
non-Federal assets; 
(C) establish required observation data variables to 
be gathered by both Federal and non-Federal assets and 
identify, in consultation with regional information coordina-
tion entities, priorities for System observations; 
(D) establish protocols and standards for System data 
processing, management, and communication; 
(E) develop contract certification standards and compli-
ance procedures for all non-Federal assets, including 
regional information coordination entities, to establish eligi-
bility for integration into the System and to ensure compli-
ance with all applicable standards and protocols established 
Standards. 
Procedures. 
Budget. 
Plans. 
Establishment. 
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123 STAT. 1431 
PUBLIC LAW 111–11—MAR. 30, 2009 
by the Council, and ensure that regional observations are 
integrated into the System on a sustained basis; 
(F) identify gaps in observation coverage or needs for 
capital improvements of both Federal assets and non-Fed-
eral assets; 
(G) subject to the availability of appropriations, estab-
lish through one or more participating Federal agencies, 
in consultation with the System advisory committee estab-
lished under subsection (d), a competitive matching grant 
or other programs— 
(i) to promote intramural and extramural research 
and development of new, innovative, and emerging 
observation technologies including testing and field 
trials; and 
(ii) to facilitate the migration of new, innovative, 
and emerging scientific and technological advances 
from research and development to operational deploy-
ment; 
(H) periodically review and recommend to the Council, 
in consultation with the Administrator, revisions to the 
System Plan; 
(I) ensure collaboration among Federal agencies partici-
pating in the activities of the Committee; and 
(J) perform such additional duties as the Council may 
delegate. 
(3) LEAD
FEDERAL
AGENCY.—The National Oceanic and 
Atmospheric Administration shall function as the lead Federal 
agency for the implementation and administration of the 
System, in consultation with the Council, the Interagency 
Ocean Observation Committee, other Federal agencies that 
maintain portions of the System, and the regional information 
coordination entities, and shall— 
(A) establish an Integrated Ocean Observing Program 
Office within the National Oceanic and Atmospheric 
Administration utilizing to the extent necessary, personnel 
from member agencies participating on the Interagency 
Ocean Observation Committee, to oversee daily operations 
and coordination of the System; 
(B) implement policies, protocols, and standards 
approved by the Council and delegated by the Interagency 
Ocean Observing Committee; 
(C) promulgate program guidelines to certify and 
integrate non-Federal assets, including regional informa-
tion coordination entities, into the System to provide 
regional coastal and ocean observation data that meet the 
needs of user groups from the respective regions; 
(D) have the authority to enter into and oversee con-
tracts, leases, grants or cooperative agreements with non- 
Federal assets, including regional information coordination 
entities, to support the purposes of this subtitle on such 
terms as the Administrator deems appropriate; 
(E) implement a merit-based, competitive funding 
process to support non-Federal assets, including the 
development and maintenance of a network of regional 
information coordination entities, and develop and imple-
ment a process for the periodic review and evaluation of 
Contracts. 
Grants. 
Guidelines. 
Certification. 
Government 
organization. 
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123 STAT. 1432 
PUBLIC LAW 111–11—MAR. 30, 2009 
all non-Federal assets, including regional information 
coordination entities; 
(F) provide opportunities for competitive contracts and 
grants for demonstration projects to design, develop, 
integrate, deploy, and support components of the System; 
(G) establish efficient and effective administrative 
procedures for allocation of funds among contractors, 
grantees, and non-Federal assets, including regional 
information coordination entities in a timely manner, and 
contingent on appropriations according to the budget 
adopted by the Council; 
(H) develop and implement a process for the periodic 
review and evaluation of regional information coordination 
entities; 
(I) formulate an annual process by which gaps in 
observation coverage or needs for capital improvements 
of Federal assets and non-Federal assets of the System 
are identified by the regional information coordination enti-
ties, the Administrator, or other members of the System 
and transmitted to the Interagency Ocean Observing Com-
mittee; 
(J) develop and be responsible for a data management 
and communication system, in accordance with standards 
and protocols established by the Council, by which all 
data collected by the System regarding ocean and coastal 
waters of the United States including the Great Lakes, 
are processed, stored, integrated, and made available to 
all end-user communities; 
(K) implement a program of public education and out-
reach to improve public awareness of global climate change 
and effects on the ocean, coastal, and Great Lakes environ-
ment; 
(L) report annually to the Interagency Ocean Observing 
Committee on the accomplishments, operational needs, and 
performance of the System to contribute to the annual 
and long-term plans developed pursuant to subsection 
(c)(2)(A)(i); and 
(M) develop a plan to efficiently integrate into the 
System new, innovative, or emerging technologies that have 
been demonstrated to be useful to the System and which 
will fulfill the purposes of this subtitle and the System 
Plan. 
(4) REGIONAL INFORMATION COORDINATION ENTITIES.— 
(A) IN GENERAL.—To be certified or established under 
this subtitle, a regional information coordination entity 
shall be certified or established by contract or agreement 
by the Administrator, and shall agree to meet the certifi-
cation standards and compliance procedure guidelines 
issued by the Administrator and information needs of user 
groups in the region while adhering to national standards 
and shall— 
(i) 
demonstrate 
an 
organizational 
structure 
capable of gathering required System observation data, 
supporting and integrating all aspects of coastal and 
ocean observing and information programs within a 
region and that reflects the needs of State and local 
governments, commercial interests, and other users 
Certification. 
Contracts. 
Guidelines. 
Plans. 
Reports. 
Deadline. 
Public 
information. 
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123 STAT. 1433 
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and beneficiaries of the System and other requirements 
specified under this subtitle and the System Plan; 
(ii) identify gaps in observation coverage needs 
for capital improvements of Federal assets and non- 
Federal assets of the System, or other recommenda-
tions to assist in the development of the annual and 
long-term plans created pursuant to subsection 
(c)(2)(A)(i) and transmit such information to the Inter-
agency Ocean Observing Committee via the Program 
Office; 
(iii) develop and operate under a strategic oper-
ational plan that will ensure the efficient and effective 
administration of programs and assets to support daily 
data observations for integration into the System, 
pursuant to the standards approved by the Council; 
(iv) work cooperatively with governmental and 
non-governmental entities at all levels to identify and 
provide information products of the System for multiple 
users within the service area of the regional informa-
tion coordination entities; and 
(v) comply with all financial oversight require-
ments established by the Administrator, including 
requirements relating to audits. 
(B) PARTICIPATION.—For the purposes of this subtitle, 
employees of Federal agencies may participate in the func-
tions of the regional information coordination entities. 
(d) SYSTEM ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Administrator shall establish or des-
ignate a System advisory committee, which shall provide advice 
as may be requested by the Administrator or the Interagency 
Ocean Observing Committee. 
(2) PURPOSE.—The purpose of the System advisory com-
mittee is to advise the Administrator and the Interagency 
Ocean Observing Committee on— 
(A) 
administration, 
operation, 
management, 
and 
maintenance of the System, including integration of Fed-
eral and non-Federal assets and data management and 
communication aspects of the System, and fulfillment of 
the purposes set forth in section 12302; 
(B) expansion and periodic modernization and upgrade 
of technology components of the System; 
(C) identification of end-user communities, their needs 
for information provided by the System, and the System’s 
effectiveness in disseminating information to end-user 
communities and the general public; and 
(D) any other purpose identified by the Administrator 
or the Interagency Ocean Observing Committee. 
(3) MEMBERS.— 
(A) IN GENERAL.—The System advisory committee shall 
be composed of members appointed by the Administrator. 
Members shall be qualified by education, training, and 
experience to evaluate scientific and technical information 
related to the design, operation, maintenance, or use of 
the System, or use of data products provided through the 
System. 
(B) TERMS OF SERVICE.—Members shall be appointed 
for 3-year terms, renewable once. A vacancy appointment 
Establishment. 
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123 STAT. 1434 
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shall be for the remainder of the unexpired term of the 
vacancy, and an individual so appointed may subsequently 
be appointed for 2 full 3-year terms if the remainder of 
the unexpired term is less than 1 year. 
(C) CHAIRPERSON.—The Administrator shall designate 
a chairperson from among the members of the System 
advisory committee. 
(D) APPOINTMENT.—Members of the System advisory 
committee shall be appointed as special Government 
employees for purposes of section 202(a) of title 18, United 
States Code. 
(4) ADMINISTRATIVE PROVISIONS.— 
(A) REPORTING.—The System advisory committee shall 
report to the Administrator and the Interagency Ocean 
Observing Committee, as appropriate. 
(B) ADMINISTRATIVE
SUPPORT.—The Administrator 
shall provide administrative support to the System advisory 
committee. 
(C) MEETINGS.—The System advisory committee shall 
meet at least once each year, and at other times at the 
call of the Administrator, the Interagency Ocean Observing 
Committee, or the chairperson. 
(D) COMPENSATION AND EXPENSES.—Members of the 
System advisory committee shall not be compensated for 
service on that Committee, but may be allowed travel 
expenses, including per diem in lieu of subsistence, in 
accordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(E) EXPIRATION.—Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
System advisory committee. 
(e) CIVIL LIABILITY.—For purposes of determining liability 
arising from the dissemination and use of observation data gathered 
pursuant to this section, any non-Federal asset or regional informa-
tion coordination entity incorporated into the System by contract, 
lease, grant, or cooperative agreement under subsection (c)(3)(D) 
that is participating in the System shall be considered to be part 
of the National Oceanic and Atmospheric Administration. Any 
employee of such a non-Federal asset or regional information 
coordination entity, while operating within the scope of his or 
her employment in carrying out the purposes of this subtitle, with 
respect to tort liability, is deemed to be an employee of the Federal 
Government. 
(f) LIMITATION.—Nothing in this subtitle shall be construed 
to invalidate existing certifications, contracts, or agreements 
between regional information coordination entities and other ele-
ments of the System. 
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 
(a) IN GENERAL.—To carry out interagency activities under 
this subtitle, the Secretary of Commerce may execute cooperative 
agreements, or any other agreements, with, and receive and expend 
funds made available by, any State or subdivision thereof, any 
Federal agency, or any public or private organization, or individual. 
(b) RECIPROCITY.—Member Departments and agencies of the 
Council shall have the authority to create, support, and maintain 
joint centers, and to enter into and perform such contracts, leases, 
33 USC 3604. 
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123 STAT. 1435 
PUBLIC LAW 111–11—MAR. 30, 2009 
grants, and cooperative agreements as may be necessary to carry 
out the purposes of this subtitle and fulfillment of the System 
Plan. 
SEC. 12306. APPLICATION WITH OTHER LAWS. 
Nothing in this subtitle supersedes or limits the authority 
of any agency to carry out its responsibilities and missions under 
other laws. 
SEC. 12307. REPORT TO CONGRESS. 
(a) REQUIREMENT.—Not later than 2 years after the date of 
the enactment of this Act and every 2 years thereafter, the Adminis-
trator shall prepare and the President acting through the Council 
shall approve and transmit to the Congress a report on progress 
made in implementing this subtitle. 
(b) CONTENTS.—The report shall include— 
(1) a description of activities carried out under this subtitle 
and the System Plan; 
(2) an evaluation of the effectiveness of the System, 
including an evaluation of progress made by the Council to 
achieve the goals identified under the System Plan; 
(3) identification of Federal and non-Federal assets as 
determined by the Council that have been integrated into the 
System, including assets essential to the gathering of required 
observation data variables necessary to meet the respective 
missions of Council agencies; 
(4) a review of procurements, planned or initiated, by each 
Council agency to enhance, expand, or modernize the observa-
tion capabilities and data products provided by the System, 
including data management and communication subsystems; 
(5) an assessment regarding activities to integrate Federal 
and non-Federal assets, nationally and on the regional level, 
and discussion of the performance and effectiveness of regional 
information coordination entities to coordinate regional observa-
tion operations; 
(6) a description of benefits of the program to users of 
data products resulting from the System (including the general 
public, industries, scientists, resource managers, emergency 
responders, policy makers, and educators); 
(7) recommendations concerning— 
(A) modifications to the System; and 
(B) funding levels for the System in subsequent fiscal 
years; and 
(8) the results of a periodic external independent pro-
grammatic audit of the System. 
SEC. 12308. PUBLIC-PRIVATE USE POLICY. 
The Council shall develop a policy within 6 months after the 
date of the enactment of this Act that defines processes for making 
decisions about the roles of the Federal Government, the States, 
regional information coordination entities, the academic community, 
and the private sector in providing to end-user communities environ-
mental information, products, technologies, and services related 
to the System. The Council shall publish the policy in the Federal 
Register for public comment for a period not less than 60 days. 
Nothing in this section shall be construed to require changes in 
policy in effect on the date of enactment of this Act. 
Federal Register, 
publication. 
Public comment. 
Time period. 
Deadline. 
33 USC 3607. 
President. 
33 USC 3606. 
33 USC 3605. 
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123 STAT. 1436 
PUBLIC LAW 111–11—MAR. 30, 2009 
SEC. 12309. INDEPENDENT COST ESTIMATE. 
Within 1 year after the date of enactment of this Act, the 
Interagency Ocean Observation Committee, through the Adminis-
trator and the Director of the National Science Foundation, shall 
obtain an independent cost estimate for operations and maintenance 
of existing Federal assets of the System, and planned or anticipated 
acquisition, operation, and maintenance of new Federal assets for 
the System, including operation facilities, observation equipment, 
modeling and software, data management and communication, and 
other essential components. The independent cost estimate shall 
be transmitted unabridged and without revision by the Adminis-
trator to Congress. 
SEC. 12310. INTENT OF CONGRESS. 
It is the intent of Congress that funding provided to agencies 
of the Council to implement this subtitle shall supplement, and 
not replace, existing sources of funding for other programs. It is 
the further intent of Congress that agencies of the Council shall 
not enter into contracts or agreements for the development or 
procurement of new Federal assets for the System that are esti-
mated to be in excess of $250,000,000 in life-cycle costs without 
first providing adequate notice to Congress and opportunity for 
review and comment. 
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2009 through 2013 such sums as are 
necessary to fulfill the purposes of this subtitle and support activi-
ties identified in the annual coordinated System budget developed 
by the Interagency Ocean Observation Committee and submitted 
to the Congress. 
Subtitle D—Federal Ocean Acidification 
Research and Monitoring Act of 2009 
SEC. 12401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Ocean Acidification 
Research And Monitoring Act of 2009’’ or the ‘‘FOARAM Act’’. 
SEC. 12402. PURPOSES. 
(a) PURPOSES.—The purposes of this subtitle are to provide 
for— 
(1) development and coordination of a comprehensive inter-
agency plan to— 
(A) monitor and conduct research on the processes 
and consequences of ocean acidification on marine orga-
nisms and ecosystems; and 
(B) establish an interagency research and monitoring 
program on ocean acidification; 
(2) establishment of an ocean acidification program within 
the National Oceanic and Atmospheric Administration; 
(3) assessment and consideration of regional and national 
ecosystem and socioeconomic impacts of increased ocean acidifi-
cation; and 
33 USC 3701. 
33 USC 3701 
note. 
Federal Ocean 
Acidification 
Research and 
Monitoring Act 
of 2009. 
33 USC 3610. 
33 USC 3609. 
Deadline. 
33 USC 3608. 
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123 STAT. 1437 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) research adaptation strategies and techniques for effec-
tively conserving marine ecosystems as they cope with increased 
ocean acidification. 
SEC. 12403. DEFINITIONS. 
In this subtitle: 
(1) OCEAN ACIDIFICATION.—The term ‘‘ocean acidification’’ 
means the decrease in pH of the Earth’s oceans and changes 
in ocean chemistry caused by chemical inputs from the 
atmosphere, including carbon dioxide. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Commerce, acting through the Administrator of the National 
Oceanic and Atmospheric Administration. 
(3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ means the 
Joint Subcommittee on Ocean Science and Technology of the 
National Science and Technology Council. 
SEC. 12404. INTERAGENCY SUBCOMMITTEE. 
(a) DESIGNATION.— 
(1) IN GENERAL.—The Joint Subcommittee on Ocean Science 
and Technology of the National Science and Technology Council 
shall coordinate Federal activities on ocean acidification and 
establish an interagency working group. 
(2) MEMBERSHIP.—The interagency working group on ocean 
acidification shall be comprised of senior representatives from 
the National Oceanic and Atmospheric Administration, the 
National Science Foundation, the National Aeronautics and 
Space Administration, the United States Geological Survey, 
the United States Fish and Wildlife Service, and such other 
Federal agencies as appropriate. 
(3) CHAIRMAN.—The interagency working group shall be 
chaired by the representative from the National Oceanic and 
Atmospheric Administration. 
(b) DUTIES.—The Subcommittee shall— 
(1) develop the strategic research and monitoring plan to 
guide Federal research on ocean acidification required under 
section 12405 of this subtitle and oversee the implementation 
of the plan; 
(2) oversee the development of— 
(A) an assessment of the potential impacts of ocean 
acidification on marine organisms and marine ecosystems; 
and 
(B) adaptation and mitigation strategies to conserve 
marine organisms and ecosystems exposed to ocean acidifi-
cation; 
(3) facilitate communication and outreach opportunities 
with nongovernmental organizations and members of the stake-
holder community with interests in marine resources; 
(4) coordinate the United States Federal research and moni-
toring program with research and monitoring programs and 
scientists from other nations; and 
(5) establish or designate an Ocean Acidification Informa-
tion Exchange to make information on ocean acidification devel-
oped through or utilized by the interagency ocean acidification 
program 
accessible 
through 
electronic 
means, 
including 
information which would be useful to policymakers, researchers, 
and other stakeholders in mitigating or adapting to the impacts 
of ocean acidification. 
33 USC 3703. 
33 USC 3702. 
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123 STAT. 1438 
PUBLIC LAW 111–11—MAR. 30, 2009 
(c) REPORTS TO CONGRESS.— 
(1) INITIAL REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Subcommittee shall transmit 
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science and Tech-
nology and the Committee on Natural Resources of the House 
of Representatives that— 
(A) includes a summary of federally funded ocean 
acidification research and monitoring activities, including 
the budget for each of these activities; and 
(B) describes the progress in developing the plan 
required under section 12405 of this subtitle. 
(2) BIENNIAL REPORT.—Not later than 2 years after the 
delivery of the initial report under paragraph (1) and every 
2 years thereafter, the Subcommittee shall transmit a report 
to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science and Technology 
and the Committee on Natural Resources of the House of Rep-
resentatives that includes— 
(A) a summary of federally funded ocean acidification 
research and monitoring activities, including the budget 
for each of these activities; and 
(B) an analysis of the progress made toward achieving 
the goals and priorities for the interagency research plan 
developed by the Subcommittee under section 12405. 
(3) STRATEGIC RESEARCH PLAN.—Not later than 2 years 
after the date of enactment of this Act, the Subcommittee 
shall transmit the strategic research plan developed under 
section 12405 to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science 
and Technology and the Committee on Natural Resources of 
the House of Representatives. A revised plan shall be submitted 
at least once every 5 years thereafter. 
SEC. 12405. STRATEGIC RESEARCH PLAN. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Subcommittee shall develop a strategic 
plan for Federal research and monitoring on ocean acidification 
that will provide for an assessment of the impacts of ocean acidifica-
tion on marine organisms and marine ecosystems and the develop-
ment of adaptation and mitigation strategies to conserve marine 
organisms and marine ecosystems. In developing the plan, the 
Subcommittee shall consider and use information, reports, and 
studies of ocean acidification that have identified research and 
monitoring needed to better understand ocean acidification and 
its potential impacts, and recommendations made by the National 
Academy of Sciences in the review of the plan required under 
subsection (d). 
(b) CONTENTS OF THE PLAN.—The plan shall— 
(1) provide for interdisciplinary research among the ocean 
sciences, and coordinated research and activities to improve 
the understanding of ocean chemistry that will affect marine 
ecosystems; 
(2) establish, for the 10-year period beginning in the year 
the plan is submitted, the goals and priorities for Federal 
research and monitoring which will— 
Deadline. 
33 USC 3704. 
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123 STAT. 1439 
PUBLIC LAW 111–11—MAR. 30, 2009 
(A) advance understanding of ocean acidification and 
its physical, chemical, and biological impacts on marine 
organisms and marine ecosystems; 
(B) improve the ability to assess the socioeconomic 
impacts of ocean acidification; and 
(C) provide information for the development of adapta-
tion and mitigation strategies to conserve marine orga-
nisms and marine ecosystems; 
(3) describe specific activities, including— 
(A) efforts to determine user needs; 
(B) research activities; 
(C) monitoring activities; 
(D) technology and methods development; 
(E) data collection; 
(F) database development; 
(G) modeling activities; 
(H) assessment of ocean acidification impacts; and 
(I) participation in international research efforts; 
(4) identify relevant programs and activities of the Federal 
agencies that contribute to the interagency program directly 
and indirectly and set forth the role of each Federal agency 
in implementing the plan; 
(5) consider and utilize, as appropriate, reports and studies 
conducted by Federal agencies, the National Research Council, 
or other entities; 
(6) make recommendations for the coordination of the ocean 
acidification research and monitoring activities of the United 
States with such activities of other nations and international 
organizations; 
(7) outline budget requirements for Federal ocean acidifica-
tion research and monitoring and assessment activities to be 
conducted by each agency under the plan; 
(8) identify the monitoring systems and sampling programs 
currently employed in collecting data relevant to ocean acidifica-
tion and prioritize additional monitoring systems that may 
be needed to ensure adequate data collection and monitoring 
of ocean acidification and its impacts; and 
(9) describe specific activities designed to facilitate outreach 
and data and information exchange with stakeholder commu-
nities. 
(c) PROGRAM ELEMENTS.—The plan shall include at a minimum 
the following program elements: 
(1) Monitoring of ocean chemistry and biological impacts 
associated with ocean acidification at selected coastal and open- 
ocean monitoring stations, including satellite-based monitoring 
to characterize— 
(A) marine ecosystems; 
(B) changes in marine productivity; and 
(C) changes in surface ocean chemistry. 
(2) Research to understand the species specific physiological 
responses of marine organisms to ocean acidification, impacts 
on marine food webs of ocean acidification, and to develop 
environmental and ecological indices that track marine eco-
system responses to ocean acidification. 
(3) Modeling to predict changes in the ocean carbon cycle 
as a function of carbon dioxide and atmosphere-induced changes 
in temperature, ocean circulation, biogeochemistry, ecosystem 
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123 STAT. 1440 
PUBLIC LAW 111–11—MAR. 30, 2009 
and terrestrial input, and modeling to determine impacts on 
marine ecosystems and individual marine organisms. 
(4) Technology development and standardization of car-
bonate chemistry measurements on moorings and autonomous 
floats. 
(5) Assessment of socioeconomic impacts of ocean acidifica-
tion and development of adaptation and mitigation strategies 
to conserve marine organisms and marine ecosystems. 
(d) NATIONAL ACADEMY OF SCIENCES EVALUATION.—The Sec-
retary shall enter into an agreement with the National Academy 
of Sciences to review the plan. 
(e) PUBLIC PARTICIPATION.—In developing the plan, the Sub-
committee shall consult with representatives of academic, State, 
industry and environmental groups. Not later than 90 days before 
the plan, or any revision thereof, is submitted to the Congress, 
the plan shall be published in the Federal Register for a public 
comment period of not less than 60 days. 
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 
(a) IN GENERAL.—The Secretary shall establish and maintain 
an ocean acidification program within the National Oceanic and 
Atmospheric Administration to conduct research, monitoring, and 
other activities consistent with the strategic research and 
implementation plan developed by the Subcommittee under section 
12405 that— 
(1) includes— 
(A) interdisciplinary research among the ocean and 
atmospheric sciences, and coordinated research and activi-
ties to improve understanding of ocean acidification; 
(B) the establishment of a long-term monitoring pro-
gram of ocean acidification utilizing existing global and 
national ocean observing assets, and adding instrumenta-
tion and sampling stations as appropriate to the aims 
of the research program; 
(C) research to identify and develop adaptation strate-
gies and techniques for effectively conserving marine eco-
systems as they cope with increased ocean acidification; 
(D) as an integral part of the research programs 
described in this subtitle, educational opportunities that 
encourage an interdisciplinary and international approach 
to exploring the impacts of ocean acidification; 
(E) as an integral part of the research programs 
described in this subtitle, national public outreach activities 
to improve the understanding of current scientific knowl-
edge of ocean acidification and its impacts on marine 
resources; and 
(F) coordination of ocean acidification monitoring and 
impacts research with other appropriate international 
ocean science bodies such as the International Oceano-
graphic Commission, the International Council for the 
Exploration of the Sea, the North Pacific Marine Science 
Organization, and others; 
(2) provides grants for critical research projects that explore 
the effects of ocean acidification on ecosystems and the socio-
economic impacts of increased ocean acidification that are rel-
evant to the goals and priorities of the strategic research plan; 
and 
33 USC 3705. 
Deadline. 
Federal Register, 
publication. 
Contracts. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(3) incorporates a competitive merit-based process for 
awarding grants that may be conducted jointly with other 
participating agencies or under the National Oceanographic 
Partnership Program under section 7901 of title 10, United 
States Code. 
(b) ADDITIONAL AUTHORITY.—In conducting the Program, the 
Secretary may enter into and perform such contracts, leases, grants, 
or cooperative agreements as may be necessary to carry out the 
purposes of this subtitle on such terms as the Secretary considers 
appropriate. 
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 
(a) RESEARCH ACTIVITIES.—The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer- 
reviewed proposals for research and monitoring of ocean acidifica-
tion and its impacts, including— 
(1) impacts on marine organisms and marine ecosystems; 
(2) impacts on ocean, coastal, and estuarine biogeo-
chemistry; and 
(3) the development of methodologies and technologies to 
evaluate ocean acidification and its impacts. 
(b) CONSISTENCY.—The research activities shall be consistent 
with the strategic research plan developed by the Subcommittee 
under section 12405. 
(c) COORDINATION.—The Director shall encourage coordination 
of the Foundation’s ocean acidification activities with such activities 
of other nations and international organizations. 
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 
(a) OCEAN ACIDIFICATION ACTIVITIES.—The Administrator of 
the National Aeronautics and Space Administration, in coordination 
with other relevant agencies, shall ensure that space-based moni-
toring assets are used in as productive a manner as possible for 
monitoring of ocean acidification and its impacts. 
(b) PROGRAM CONSISTENCY.—The Administrator shall ensure 
that the Agency’s research and monitoring activities on ocean 
acidification are carried out in a manner consistent with the stra-
tegic research plan developed by the Subcommittee under section 
12405. 
(c) 
COORDINATION.—The 
Administrator 
shall 
encourage 
coordination of the Agency’s ocean acidification activities with such 
activities of other nations and international organizations. 
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 
(a) NOAA.—There are authorized to be appropriated to the 
National Oceanic and Atmospheric Administration to carry out 
the purposes of this subtitle— 
(1) $8,000,000 for fiscal year 2009; 
(2) $12,000,000 for fiscal year 2010; 
(3) $15,000,000 for fiscal year 2011; and 
(4) $20,000,000 for fiscal year 2012. 
(b) NSF.—There are authorized to be appropriated to the 
National Science Foundation to carry out the purposes of this 
subtitle— 
(1) $6,000,000 for fiscal year 2009; 
(2) $8,000,000 for fiscal year 2010; 
(3) $12,000,000 for fiscal year 2011; and 
33 USC 3708. 
33 USC 3707. 
33 USC 3706. 
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PUBLIC LAW 111–11—MAR. 30, 2009 
(4) $15,000,000 for fiscal year 2012. 
Subtitle E—Coastal and Estuarine Land 
Conservation Program 
SEC. 12501. SHORT TITLE. 
This Act may be cited as the ‘‘Coastal and Estuarine Land 
Conservation Program Act’’. 
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CON-
SERVATION PROGRAM. 
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.) is amended by inserting after section 307 the following 
new section: 
‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND 
CONSERVATION PROGRAM 
‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a 
Coastal and Estuarine Land Conservation Program, in cooperation 
with appropriate State, regional, and other units of government, 
for the purposes of protecting important coastal and estuarine areas 
that have significant conservation, recreation, ecological, historical, 
or aesthetic values, or that are threatened by conversion from 
their natural, undeveloped, or recreational state to other uses or 
could be managed or restored to effectively conserve, enhance, or 
restore ecological function. The program shall be administered by 
the National Ocean Service of the National Oceanic and 
Atmospheric Administration through the Office of Ocean and 
Coastal Resource Management. 
‘‘(b) PROPERTY ACQUISITION GRANTS.—The Secretary shall make 
grants under the program to coastal states with approved coastal 
zone management plans or National Estuarine Research Reserve 
units for the purpose of acquiring property or interests in property 
described in subsection (a) that will further the goals of— 
‘‘(1) a Coastal Zone Management Plan or Program approved 
under this title; 
‘‘(2) a National Estuarine Research Reserve management 
plan; 
‘‘(3) a regional or State watershed protection or manage-
ment plan involving coastal states with approved coastal zone 
management programs; or 
‘‘(4) a State coastal land acquisition plan that is consistent 
with an approved coastal zone management program. 
‘‘(c) GRANT PROCESS.—The Secretary shall allocate funds to 
coastal states or National Estuarine Research Reserves under this 
section through a competitive grant process in accordance with 
guidelines that meet the following requirements: 
‘‘(1) The Secretary shall consult with the coastal state’s 
coastal zone management program, any National Estuarine 
Research Reserve in that State, and the lead agency designated 
by the Governor for coordinating the implementation of this 
section (if different from the coastal zone management pro-
gram). 
‘‘(2) Each participating coastal state, after consultation with 
local governmental entities and other interested stakeholders, 
Guidelines. 
16 USC 1456–1. 
16 USC 1451 
note. 
Coastal and 
Estuarine Land 
Conservation 
Program Act. 
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shall identify priority conservation needs within the State, the 
values to be protected by inclusion of lands in the program, 
and the threats to those values that should be avoided. 
‘‘(3) Each participating coastal state shall to the extent 
practicable ensure that the acquisition of property or easements 
shall complement working waterfront needs. 
‘‘(4) The applicant shall identify the values to be protected 
by inclusion of the lands in the program, management activities 
that are planned and the manner in which they may affect 
the values identified, and any other information from the land-
owner relevant to administration and management of the land. 
‘‘(5) Awards shall be based on demonstrated need for protec-
tion and ability to successfully leverage funds among partici-
pating entities, including Federal programs, regional organiza-
tions, State and other governmental units, landowners, corpora-
tions, or private organizations. 
‘‘(6) The governor, or the lead agency designated by the 
governor for coordinating the implementation of this section, 
where appropriate in consultation with the appropriate local 
government, shall determine that the application is consistent 
with the State’s or territory’s approved coastal zone plan, pro-
gram, and policies prior to submittal to the Secretary. 
‘‘(7)(A) Priority shall be given to lands described in sub-
section (a) that can be effectively managed and protected and 
that have significant ecological value. 
‘‘(B) Of the projects that meet the standard in subparagraph 
(A), priority shall be given to lands that— 
‘‘(i) are under an imminent threat of conversion to 
a use that will degrade or otherwise diminish their natural, 
undeveloped, or recreational state; and 
‘‘(ii) serve to mitigate the adverse impacts caused by 
coastal population growth in the coastal environment. 
‘‘(8) In developing guidelines under this section, the Sec-
retary shall consult with coastal states, other Federal agencies, 
and other interested stakeholders with expertise in land 
acquisition and conservation procedures. 
‘‘(9) Eligible coastal states or National Estuarine Research 
Reserves may allocate grants to local governments or agencies 
eligible for assistance under section 306A(e). 
‘‘(10) The Secretary shall develop performance measures 
that the Secretary shall use to evaluate and report on the 
program’s effectiveness in accomplishing its purposes, and shall 
submit such evaluations to Congress triennially. 
‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTECTIONS.— 
‘‘(1) A grant awarded under this section may be used to 
purchase land or an interest in land, including an easement, 
only from a willing seller. Any such purchase shall not be 
the result of a forced taking under this section. Nothing in 
this section requires a private property owner to participate 
in the program under this section. 
‘‘(2) Any interest in land, including any easement, acquired 
with a grant under this section shall not be considered to 
create any new liability, or have any effect on liability under 
any other law, of any private property owner with respect 
to any person injured on the private property. 
‘‘(3) Nothing in this section requires a private property 
owner to provide access (including Federal, State, or local 
Performance 
measures. 
Evaluations. 
Deadline. 
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123 STAT. 1444 
PUBLIC LAW 111–11—MAR. 30, 2009 
government access) to or use of private property unless such 
property or an interest in such property (including a conserva-
tion easement) has been purchased with funds made available 
under this section. 
‘‘(e) RECOGNITION
OF AUTHORITY
TO CONTROL LAND USE.— 
Nothing in this title modifies the authority of Federal, State, or 
local governments to regulate land use. 
‘‘(f) MATCHING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may not make a grant 
under the program unless the Federal funds are matched by 
non-Federal funds in accordance with this subsection. 
‘‘(2) COST SHARE REQUIREMENT.— 
‘‘(A) IN
GENERAL.—Grant funds under the program 
shall require a 100 percent match from other non-Federal 
sources. 
‘‘(B) WAIVER
OF
REQUIREMENT.—The Secretary may 
grant a waiver of subparagraph (A) for underserved 
communities, communities that have an inability to draw 
on other sources of funding because of the small population 
or low income of the community, or for other reasons the 
Secretary deems appropriate and consistent with the pur-
poses of the program. 
‘‘(3) OTHER FEDERAL FUNDS.—Where financial assistance 
awarded under this section represents only a portion of the 
total cost of a project, funding from other Federal sources 
may be applied to the cost of the project. Each portion shall 
be subject to match requirements under the applicable provision 
of law. 
‘‘(4) SOURCE OF MATCHING COST SHARE.—For purposes of 
paragraph (2)(A), the non-Federal cost share for a project may 
be determined by taking into account the following: 
‘‘(A) The value of land or a conservation easement 
may be used by a project applicant as non-Federal match, 
if the Secretary determines that— 
‘‘(i) the land meets the criteria set forth in section 
2(b) and is acquired in the period beginning 3 years 
before the date of the submission of the grant applica-
tion and ending 3 years after the date of the award 
of the grant; 
‘‘(ii) the value of the land or easement is held 
by a non-governmental organization included in the 
grant application in perpetuity for conservation pur-
poses of the program; and 
‘‘(iii) the land or easement is connected either phys-
ically or through a conservation planning process to 
the land or easement that would be acquired. 
‘‘(B) The appraised value of the land or conservation 
easement at the time of the grant closing will be considered 
and applied as the non-Federal cost share. 
‘‘(C) Costs associated with land acquisition, land 
management 
planning, 
remediation, 
restoration, 
and 
enhancement may be used as non- Federal match if the 
activities are identified in the plan and expenses are 
incurred within the period of the grant award, or, for 
lands described in (A), within the same time limits 
described therein. These costs may include either cash 
or in-kind contributions. 
Time period. 
Determination. 
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123 STAT. 1445 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(g) RESERVATION
OF
FUNDS
FOR
NATIONAL
ESTUARINE 
RESEARCH RESERVE SITES.—No less than 15 percent of funds made 
available under this section shall be available for acquisitions bene-
fitting National Estuarine Research Reserves. 
‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more than 5 percent 
of the funds made available to the Secretary under this section 
shall be used by the Secretary for planning or administration of 
the program. The Secretary shall provide a report to Congress 
with an account of all expenditures under this section for fiscal 
year 2009 and triennially thereafter. 
‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROPERTY.—If any 
property is acquired in whole or in part with funds made available 
through a grant under this section, the grant recipient shall pro-
vide— 
‘‘(1) such assurances as the Secretary may require that— 
‘‘(A) the title to the property will be held by the grant 
recipient or another appropriate public agency designated 
by the recipient in perpetuity; 
‘‘(B) the property will be managed in a manner that 
is consistent with the purposes for which the land entered 
into the program and shall not convert such property to 
other uses; and 
‘‘(C) if the property or interest in land is sold, 
exchanged, or divested, funds equal to the current value 
will be returned to the Secretary in accordance with 
applicable Federal law for redistribution in the grant 
process; and 
‘‘(2) certification that the property (including any interest 
in land) will be acquired from a willing seller. 
‘‘(j) REQUIREMENT
FOR PROPERTY USED
FOR NON-FEDERAL 
MATCH.—If the grant recipient elects to use any land or interest 
in land held by a non-governmental organization as a non-Federal 
match under subsection (g), the grant recipient must to the Sec-
retary’s satisfaction demonstrate in the grant application that such 
land or interest will satisfy the same requirements as the lands 
or interests in lands acquired under the program. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) CONSERVATION
EASEMENT.—The term ‘conservation 
easement’ includes an easement or restriction, recorded deed, 
or a reserve interest deed where the grantee acquires all rights, 
title, and interest in a property, that do not conflict with 
the goals of this section except those rights, title, and interests 
that may run with the land that are expressly reserved by 
a grantor and are agreed to at the time of purchase. 
‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ 
includes a conservation easement. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section 
$60,000,000 for each of fiscal years 2009 through 2013.’’. 
Certification. 
Reports. 
Deadline. 
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123 STAT. 1446 
PUBLIC LAW 111–11—MAR. 30, 2009 
TITLE XIII—MISCELLANEOUS 
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA 
TRUST FUNDS. 
(a) NORTH DAKOTA TRUST FUNDS.—The Act of February 22, 
1889 (25 Stat. 676, chapter 180), is amended by adding at the 
end the following: 
‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 
‘‘(a) DISPOSITION.—Notwithstanding section 11, the State of 
North Dakota shall, with respect to any trust fund in which proceeds 
from the sale of public land are deposited under this Act (referred 
to in this section as the ‘trust fund’)— 
‘‘(1) deposit all revenues earned by a trust fund into the 
trust fund; 
‘‘(2) deduct the costs of administering a trust fund from 
each trust fund; and 
‘‘(3) manage each trust fund to— 
‘‘(A) preserve the purchasing power of the trust fund; 
and 
‘‘(B) maintain stable distributions to trust fund bene-
ficiaries. 
‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, any distribu-
tions from trust funds in the State of North Dakota shall be made 
in accordance with section 2 of article IX of the Constitution of 
the State of North Dakota. 
‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding section 13, 
the State of North Dakota shall manage the proceeds referred 
to in that section in accordance with subsections (a) and (b). 
‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Notwithstanding 
sections 14 and 16, the State of North Dakota shall manage the 
land granted under that section, including any proceeds from the 
land, and make distributions in accordance with subsections (a) 
and (b).’’. 
(b) 
MANAGEMENT
AND
DISTRIBUTION
OF
MORRILL
ACT 
GRANTS.—The Act of July 2, 1862 (commonly known as the ‘‘First 
Morrill Act’’) (7 U.S.C. 301 et seq.), is amended by adding at 
the end the following: 
‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 
‘‘(a) EXPENSES.—Notwithstanding section 3, the State of North 
Dakota shall manage the land granted to the State under the 
first section, including any proceeds from the land, in accordance 
with this section. 
‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding section 4, the 
State of North Dakota shall, with respect to any trust fund in 
which proceeds from the sale of land under this Act are deposited 
(referred to in this section as the ‘trust fund’)— 
‘‘(1) deposit all revenues earned by a trust fund into the 
trust fund; 
‘‘(2) deduct the costs of administering a trust fund from 
each trust fund; and 
‘‘(3) manage each trust fund to— 
‘‘(A) preserve the purchasing power of the trust fund; 
and 
‘‘(B) maintain stable distributions to trust fund bene-
ficiaries. 
7 USC 309. 
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123 STAT. 1447 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any distribu-
tions from trust funds in the State of North Dakota shall be made 
in accordance with section 2 of article IX of the Constitution of 
the State of North Dakota. 
‘‘(d) MANAGEMENT.—Notwithstanding section 5, the State of 
North Dakota shall manage the land granted under the first section, 
including any proceeds from the land, in accordance with this 
section.’’. 
(c) CONSENT OF CONGRESS.—Effective July 1, 2009, Congress 
consents to the amendments to the Constitution of North Dakota 
proposed by House Concurrent Resolution No. 3037 of the 59th 
Legislature of the State of North Dakota entitled ‘‘A concurrent 
resolution for the amendment of sections 1 and 2 of article IX 
of the Constitution of North Dakota, relating to distributions from 
and the management of the common schools trust fund and the 
trust funds of other educational or charitable institutions; and 
to provide a contingent effective date’’ and approved by the voters 
of the State of North Dakota on November 7, 2006. 
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND 
IRRIGATION MITIGATION ACT OF 2000. 
(a) PRIORITY PROJECTS.—Section 3(c)(3) of the Fisheries Res-
toration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; 
Public Law 106–502) is amended by striking ‘‘$5,000,000’’ and 
inserting ‘‘$2,500,000’’. 
(b) COST SHARING.—Section 7(c) of Fisheries Restoration and 
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 
106–502) is amended— 
(1) by striking ‘‘The value’’ and inserting the following: 
‘‘(1) IN GENERAL.—The value’’; and 
(2) by adding at the end the following: 
‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 
‘‘(A) IN GENERAL.—The Secretary may, without further 
appropriation and without fiscal year limitation, accept 
any amounts provided to the Secretary by the Adminis-
trator of the Bonneville Power Administration. 
‘‘(B) NON-FEDERAL SHARE.—Any amounts provided by 
the Bonneville Power Administration directly or through 
a grant to another entity for a project carried under the 
Program shall be credited toward the non-Federal share 
of the costs of the project.’’. 
(c) REPORT.—Section 9 of the Fisheries Restoration and Irriga-
tion Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106– 
502) is amended— 
(1) by inserting ‘‘any’’ before ‘‘amounts are made’’; and 
(2) by inserting after ‘‘Secretary shall’’ the following: ‘‘, 
after partnering with local governmental entities and the States 
in the Pacific Ocean drainage area,’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of the Fish-
eries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
777 note; Public Law 106–502) is amended— 
(1) in subsection (a), by striking ‘‘2001 through 2005’’ and 
inserting ‘‘2009 through 2015’’; and 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following: 
‘‘(2) ADMINISTRATIVE EXPENSES.— 
Effective date. 
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123 STAT. 1448 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In this 
paragraph, the term ‘administrative expense’ means, except 
as provided in subparagraph (B)(iii)(II), any expenditure 
relating to— 
‘‘(i) staffing and overhead, such as the rental of 
office space and the acquisition of office equipment; 
and 
‘‘(ii) the review, processing, and provision of 
applications for funding under the Program. 
‘‘(B) LIMITATION.— 
‘‘(i) IN
GENERAL.—Not more than 6 percent of 
amounts made available to carry out this Act for each 
fiscal year may be used for Federal and State adminis-
trative expenses of carrying out this Act. 
‘‘(ii) FEDERAL AND STATE SHARES.—To the max-
imum extent practicable, of the amounts made avail-
able for administrative expenses under clause (i)— 
‘‘(I) 50 percent shall be provided to the State 
agencies provided assistance under the Program; 
and 
‘‘(II) an amount equal to the cost of 1 full- 
time equivalent Federal employee, as determined 
by the Secretary, shall be provided to the Federal 
agency carrying out the Program. 
‘‘(iii) STATE EXPENSES.—Amounts made available 
to States for administrative expenses under clause (i)— 
‘‘(I) shall be divided evenly among all States 
provided assistance under the Program; and 
‘‘(II) may be used by a State to provide tech-
nical assistance relating to the program, including 
any staffing expenditures (including staff travel 
expenses) associated with— 
‘‘(aa) arranging meetings to promote the 
Program to potential applicants; 
‘‘(bb) 
assisting 
applicants 
with 
the 
preparation of applications for funding under 
the Program; and 
‘‘(cc) visiting construction sites to provide 
technical assistance, if requested by the 
applicant.’’. 
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE 
ACT. 
Section 107(a) of the Alaska Natural Gas Pipeline Act (15 
U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting 
the following: 
‘‘(3) the validity of any determination, permit, approval, 
authorization, review, or other related action taken under any 
provision of law relating to a gas transportation project con-
structed and operated in accordance with section 103, 
including— 
‘‘(A) subchapter II of chapter 5, and chapter 7, of 
title 5, United States Code (commonly known as the 
‘Administrative Procedure Act’); 
‘‘(B) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
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123 STAT. 1449 
PUBLIC LAW 111–11—MAR. 30, 2009 
‘‘(C) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
‘‘(D) the National Historic Preservation Act (16 U.S.C. 
470 et seq.); and 
‘‘(E) the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3101 et seq.).’’. 
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT 
OF ENERGY. 
(a) IN GENERAL.—Section 203(a) of the Department of Energy 
Organization Act (42 U.S.C. 7133(a)) is amended in the first sen-
tence by striking ‘‘7 Assistant Secretaries’’ and inserting ‘‘8 Assist-
ant Secretaries’’. 
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United 
States Code, is amended by striking ‘‘Assistant Secretaries of 
Energy (7)’’ and inserting ‘‘Assistant Secretaries of Energy (8)’’. 
SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE. 
(a) DEFINITIONS.—In this section: 
(1) INSTITUTE.—The term ‘‘Institute’’ means the Lovelace 
Respiratory Research Institute, a nonprofit organization char-
tered under the laws of the State of New Mexico. 
(2) MAP.—The term ‘‘map’’ means the map entitled 
‘‘Lovelace Respiratory Research Institute Land Conveyance’’ 
and dated March 18, 2008. 
(3) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of Energy, with respect to matters 
concerning the Department of Energy; 
(B) the Secretary of the Interior, with respect to mat-
ters concerning the Department of the Interior; and 
(C) the Secretary of the Air Force, with respect to 
matters concerning the Department of the Air Force. 
(4) SECRETARY OF ENERGY.—The term ‘‘Secretary of Energy’’ 
means the Secretary of Energy, acting through the Adminis-
trator for the National Nuclear Security Administration. 
(b) CONVEYANCE OF LAND.— 
(1) IN
GENERAL.—Notwithstanding section 120(h) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid 
existing rights and this section, the Secretary of Energy, in 
consultation with the Secretary of the Interior and the Sec-
retary of the Air Force, may convey to the Institute, on behalf 
of the United States, all right, title, and interest of the United 
States in and to the parcel of land described in paragraph 
(2) for research, scientific, or educational use. 
(2) DESCRIPTION
OF
LAND.—The parcel of land referred 
to in paragraph (1)— 
(A) is the approximately 135 acres of land identified 
as ‘‘Parcel A’’ on the map; 
(B) includes any improvements to the land described 
in subparagraph (A); and 
(C) excludes any portion of the utility system and 
infrastructure reserved by the Secretary of the Air Force 
under paragraph (4). 
(3) OTHER
FEDERAL
AGENCIES.—The Secretary of the 
Interior and the Secretary of the Air Force shall complete 
New Mexico. 
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123 STAT. 1450 
PUBLIC LAW 111–11—MAR. 30, 2009 
any real property actions, including the revocation of any Fed-
eral withdrawals of the parcel conveyed under paragraph (1) 
and the parcel described in subsection (c)(1), that are necessary 
to allow the Secretary of Energy to— 
(A) convey the parcel under paragraph (1); or 
(B) transfer administrative jurisdiction under sub-
section (c). 
(4) 
RESERVATION
OF
UTILITY
INFRASTRUCTURE
AND 
ACCESS.—The Secretary of the Air Force may retain ownership 
and control of— 
(A) any portions of the utility system and infrastruc-
ture located on the parcel conveyed under paragraph (1); 
and 
(B) any rights of access determined to be necessary 
by the Secretary of the Air Force to operate and maintain 
the utilities on the parcel. 
(5) RESTRICTIONS ON USE.— 
(A) AUTHORIZED USES.—The Institute shall allow only 
research, scientific, or educational uses of the parcel con-
veyed under paragraph (1). 
(B) REVERSION.— 
(i) IN
GENERAL.—If, at any time, the Secretary 
of Energy, in consultation with the Secretary of the 
Air Force, determines, in accordance with clause (ii), 
that the parcel conveyed under paragraph (1) is not 
being used for a purpose described in subparagraph 
(A)— 
(I) all right, title, and interest in and to the 
entire parcel, or any portion of the parcel not being 
used for the purposes, shall revert, at the option 
of the Secretary, to the United States; and 
(II) the United States shall have the right 
of immediate entry onto the parcel. 
(ii) REQUIREMENTS
FOR
DETERMINATION.—Any 
determination of the Secretary under clause (i) shall 
be made on the record and after an opportunity for 
a hearing. 
(6) COSTS.— 
(A) IN GENERAL.—The Secretary of Energy shall require 
the Institute to pay, or reimburse the Secretary concerned, 
for any costs incurred by the Secretary concerned in car-
rying out the conveyance under paragraph (1), including 
any survey costs related to the conveyance. 
(B) REFUND.—If the Secretary concerned collects 
amounts under subparagraph (A) from the Institute before 
the Secretary concerned incurs the actual costs, and the 
amount collected exceeds the actual costs incurred by the 
Secretary concerned to carry out the conveyance, the Sec-
retary concerned shall refund to the Institute an amount 
equal to difference between— 
(i) the amount collected by the Secretary con-
cerned; and 
(ii) the actual costs incurred by the Secretary con-
cerned. 
(C) DEPOSIT IN FUND.— 
(i) IN GENERAL.—Amounts received by the United 
States under this paragraph as a reimbursement or 
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123 STAT. 1451 
PUBLIC LAW 111–11—MAR. 30, 2009 
recovery of costs incurred by the Secretary concerned 
to carry out the conveyance under paragraph (1) shall 
be deposited in the fund or account that was used 
to cover the costs incurred by the Secretary concerned 
in carrying out the conveyance. 
(ii) USE.—Any amounts deposited under clause (i) 
shall be available for the same purposes, and subject 
to the same conditions and limitations, as any other 
amounts in the fund or account. 
(7) CONTAMINATED LAND.—In consideration for the convey-
ance of the parcel under paragraph (1), the Institute shall— 
(A) take fee title to the parcel and any improvements 
to the parcel, as contaminated; 
(B) be responsible for undertaking and completing all 
environmental remediation required at, in, under, from, 
or on the parcel for all environmental conditions relating 
to or arising from the release or threat of release of waste 
material, substances, or constituents, in the same manner 
and to the same extent as required by law applicable 
to privately owned facilities, regardless of the date of the 
contamination or the responsible party; 
(C) indemnify the United States for— 
(i) any environmental remediation or response 
costs the United States reasonably incurs if the 
Institute fails to remediate the parcel; or 
(ii) contamination at, in, under, from, or on the 
land, for all environmental conditions relating to or 
arising from the release or threat of release of waste 
material, substances, or constituents; 
(D) indemnify, defend, and hold harmless the United 
States from any damages, costs, expenses, liabilities, fines, 
penalties, claim, or demand for loss, including claims for 
property damage, personal injury, or death resulting from 
releases, discharges, emissions, spills, storage, disposal, or 
any other acts or omissions by the Institute and any offi-
cers, agents, employees, contractors, sublessees, licensees, 
successors, assigns, or invitees of the Institute arising from 
activities conducted, on or after October 1, 1996, on the 
parcel conveyed under paragraph (1); and 
(E) reimburse the United States for all legal and 
attorney fees, costs, and expenses incurred in association 
with the defense of any claims described in subparagraph 
(D). 
(8) CONTINGENT ENVIRONMENTAL RESPONSE OBLIGATIONS.— 
If the Institute does not undertake or complete environmental 
remediation as required by paragraph (7) and the United States 
is required to assume the responsibilities of the remediation, 
the Secretary of Energy shall be responsible for conducting 
any necessary environmental remediation or response actions 
with respect to the parcel conveyed under paragraph (1). 
(9) NO ADDITIONAL COMPENSATION.—Except as otherwise 
provided in this section, no additional consideration shall be 
required for conveyance of the parcel to the Institute under 
paragraph (1). 
(10) ACCESS AND UTILITIES.—On conveyance of the parcel 
under paragraph (1), the Secretary of the Air Force shall, 
on behalf of the United States and subject to any terms and 
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123 STAT. 1452 
PUBLIC LAW 111–11—MAR. 30, 2009 
conditions as the Secretary determines to be necessary 
(including conditions providing for the reimbursement of costs), 
provide the Institute with— 
(A) access for employees and invitees of the Institute 
across Kirtland Air Force Base to the parcel conveyed 
under that paragraph; and 
(B) access to utility services for the land and any 
improvements to the land conveyed under that paragraph. 
(11) ADDITIONAL
TERM
AND
CONDITIONS.—The Secretary 
of Energy, in consultation with the Secretary of the Interior 
and Secretary of the Air Force, may require any additional 
terms and conditions for the conveyance under paragraph (1) 
that the Secretaries determine to be appropriate to protect 
the interests of the United States. 
(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 
(1) IN GENERAL.—After the conveyance under subsection 
(b)(1) has been completed, the Secretary of Energy shall, on 
request of the Secretary of the Air Force, transfer to the Sec-
retary of the Air Force administrative jurisdiction over the 
parcel of approximately 7 acres of land identified as ‘‘Parcel 
B’’ on the map, including any improvements to the parcel. 
(2) REMOVAL OF IMPROVEMENTS.—In concurrence with the 
transfer under paragraph (1), the Secretary of Energy shall, 
on request of the Secretary of the Air Force, arrange and 
pay for removal of any improvements to the parcel transferred 
under that paragraph. 
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
TROPICAL BOTANICAL GARDEN. 
Chapter 1535 of title 36, United States Code, is amended by 
adding at the end the following: 
‘‘§ 153514. Authorization of appropriations 
‘‘(a) IN GENERAL.—Subject to subsection (b), there is authorized 
to be appropriated to the corporation for operation and maintenance 
expenses $500,000 for each of fiscal years 2008 through 2017. 
‘‘(b) LIMITATION.—Any Federal funds made available under sub-
section (a) shall be matched on a 1-to-1 basis by non-Federal funds.’’. 
TITLE XIV—CHRISTOPHER AND DANA 
REEVE PARALYSIS ACT 
SEC. 14001. SHORT TITLE. 
This title may be cited as the ‘‘Christopher and Dana Reeve 
Paralysis Act’’. 
Subtitle A—Paralysis Research 
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH 
WITH RESPECT TO RESEARCH ON PARALYSIS. 
(a) COORDINATION.—The Director of the National Institutes 
of Health (referred to in this title as the ‘‘Director’’), pursuant 
to the general authority of the Director, may develop mechanisms 
to coordinate the paralysis research and rehabilitation activities 
of the Institutes and Centers of the National Institutes of Health 
42 USC 284o. 
42 USC 201 note. 
Christopher and 
Dana Reeve 
Paralysis Act. 
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123 STAT. 1453 
PUBLIC LAW 111–11—MAR. 30, 2009 
in order to further advance such activities and avoid duplication 
of activities. 
(b) CHRISTOPHER AND DANA REEVE PARALYSIS RESEARCH CON-
SORTIA.— 
(1) IN GENERAL.—The Director may make awards of grants 
to public or private entities to pay all or part of the cost 
of planning, establishing, improving, and providing basic oper-
ating support for consortia in paralysis research. The Director 
shall designate each consortium funded through such grants 
as a Christopher and Dana Reeve Paralysis Research Consor-
tium. 
(2) RESEARCH.—Each consortium under paragraph (1)— 
(A) may conduct basic, translational, and clinical paral-
ysis research; 
(B) may focus on advancing treatments and developing 
therapies in paralysis research; 
(C) may focus on one or more forms of paralysis that 
result from central nervous system trauma or stroke; 
(D) may facilitate and enhance the dissemination of 
clinical and scientific findings; and 
(E) may replicate the findings of consortia members 
or other researchers for scientific and translational pur-
poses. 
(3) COORDINATION OF CONSORTIA; REPORTS.—The Director 
may, as appropriate, provide for the coordination of information 
among consortia under paragraph (1) and ensure regular 
communication among members of the consortia, and may 
require the periodic preparation of reports on the activities 
of the consortia and the submission of the reports to the 
Director. 
(4) ORGANIZATION OF CONSORTIA.—Each consortium under 
paragraph (1) may use the facilities of a single lead institution, 
or be formed from several cooperating institutions, meeting 
such requirements as may be prescribed by the Director. 
(c) PUBLIC INPUT.—The Director may provide for a mechanism 
to educate and disseminate information on the existing and planned 
programs and research activities of the National Institutes of Health 
with respect to paralysis and through which the Director can receive 
comments from the public regarding such programs and activities. 
Subtitle B—Paralysis Rehabilitation 
Research and Care 
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH 
WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR 
ENHANCING DAILY FUNCTION FOR PERSONS WITH 
PARALYSIS. 
(a) IN
GENERAL.—The Director, pursuant to the general 
authority of the Director, may make awards of grants to public 
or private entities to pay all or part of the costs of planning, 
establishing, improving, and providing basic operating support to 
multicenter networks of clinical sites that will collaborate to design 
clinical rehabilitation intervention protocols and measures of out-
comes on one or more forms of paralysis that result from central 
nervous system trauma, disorders, or stroke, or any combination 
of such conditions. 
42 USC 284p. 
Designation. 
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123 STAT. 1454 
PUBLIC LAW 111–11—MAR. 30, 2009 
(b) RESEARCH.—A multicenter network of clinical sites funded 
through this section may— 
(1) focus on areas of key scientific concern, including— 
(A) improving functional mobility; 
(B) promoting behavioral adaptation to functional 
losses, especially to prevent secondary complications; 
(C) assessing the efficacy and outcomes of medical 
rehabilitation therapies and practices and assisting tech-
nologies; 
(D) developing improved assistive technology to 
improve function and independence; and 
(E) understanding whole body system responses to 
physical impairments, disabilities, and societal and func-
tional limitations; and 
(2) replicate the findings of network members or other 
researchers for scientific and translation purposes. 
(c) COORDINATION OF CLINICAL TRIALS NETWORKS; REPORTS.— 
The Director may, as appropriate, provide for the coordination 
of information among networks funded through this section and 
ensure regular communication among members of the networks, 
and may require the periodic preparation of reports on the activities 
of the networks and submission of reports to the Director. 
Subtitle C—Improving Quality of Life for 
Persons With Paralysis and Other Phys-
ical Disabilities 
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS 
WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. 
(a) IN GENERAL.—The Secretary of Health and Human Services 
(in this subtitle referred to as the ‘‘Secretary’’) may study the 
unique health challenges associated with paralysis and other phys-
ical disabilities and carry out projects and interventions to improve 
the quality of life and long-term health status of persons with 
paralysis and other physical disabilities. The Secretary may carry 
out such projects directly and through awards of grants or contracts. 
(b) CERTAIN ACTIVITIES.—Activities under subsection (a) may 
include— 
(1) the development of a national paralysis and physical 
disability quality of life action plan, to promote health and 
wellness in order to enhance full participation, independent 
living, self-sufficiency, and equality of opportunity in partner-
ship with voluntary health agencies focused on paralysis and 
other physical disabilities, to be carried out in coordination 
with the State-based Disability and Health Program of the 
Centers for Disease Control and Prevention; 
(2) support for programs to disseminate information 
involving care and rehabilitation options and quality of life 
grant programs supportive of community-based programs and 
support systems for persons with paralysis and other physical 
disabilities; 
(3) in collaboration with other centers and national vol-
untary health agencies, the establishment of a population-based 
database that may be used for longitudinal and other research 
on paralysis and other disabling conditions; and 
42 USC 280g–9. 
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123 STAT. 1455 
PUBLIC LAW 111–11—MAR. 30, 2009 
(4) the replication and translation of best practices and 
the sharing of information across States, as well as the develop-
ment of comprehensive, unique, and innovative programs, serv-
ices, and demonstrations within existing State-based disability 
and health programs of the Centers for Disease Control and 
Prevention which are designed to support and advance quality 
of life programs for persons living with paralysis and other 
physical disabilities focusing on— 
(A) caregiver education; 
(B) promoting proper nutrition, increasing physical 
activity, and reducing tobacco use; 
(C) education and awareness programs for health care 
providers; 
(D) prevention of secondary complications; 
(E) home- and community-based interventions; 
(F) coordinating services and removing barriers that 
prevent full participation and integration into the commu-
nity; and 
(G) recognizing the unique needs of underserved popu-
lations. 
(c) GRANTS.—The Secretary may award grants in accordance 
with the following: 
(1) To State and local health and disability agencies for 
the purpose of— 
(A) establishing a population-based database that may 
be used for longitudinal and other research on paralysis 
and other disabling conditions; 
(B) developing comprehensive paralysis and other 
physical disability action plans and activities focused on 
the items listed in subsection (b)(4); 
(C) assisting State-based programs in establishing and 
implementing partnerships and collaborations that maxi-
mize the input and support of people with paralysis and 
other physical disabilities and their constituent organiza-
tions; 
(D) coordinating paralysis and physical disability 
activities with existing State-based disability and health 
programs; 
(E) providing education and training opportunities and 
programs for health professionals and allied caregivers; 
and 
(F) developing, testing, evaluating, and replicating 
effective intervention programs to maintain or improve 
health and quality of life. 
(2) To private health and disability organizations for the 
purpose of— 
(A) disseminating information to the public; 
(B) improving access to services for persons living with 
paralysis and other physical disabilities and their care-
givers; 
(C) testing model intervention programs to improve 
health and quality of life; and 
(D) coordinating existing services with State-based dis-
ability and health programs. 
(d) COORDINATION OF ACTIVITIES.—The Secretary shall ensure 
that activities under this section are coordinated as appropriate 
by the agencies of the Department of Health and Human Services. 
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123 STAT. 1456 
PUBLIC LAW 111–11—MAR. 30, 2009 
LEGISLATIVE HISTORY—H.R. 146: 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
Mar. 2, 3, considered and passed House. 
Mar. 17–19, considered and passed Senate, amended. 
Mar. 25, House concurred in Senate amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 
Mar. 30, Presidential remarks and statement. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there is authorized to be appropriated 
$25,000,000 for each of fiscal years 2008 through 2011. 
TITLE XV—SMITHSONIAN INSTITUTION 
FACILITIES AUTHORIZATION 
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARY-
LAND. 
(a) AUTHORITY TO DESIGN
AND CONSTRUCT.—The Board of 
Regents of the Smithsonian Institution is authorized to design 
and construct laboratory and support space to accommodate the 
Mathias Laboratory at the Smithsonian Environmental Research 
Center in Edgewater, Maryland. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section a total of $41,000,000 
for fiscal years 2009 through 2011. Such sums shall remain avail-
able until expended. 
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 
(a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the 
Smithsonian Institution is authorized to construct laboratory space 
to accommodate the terrestrial research program of the Smithsonian 
tropical research institute in Gamboa, Panama. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section a total of $14,000,000 
for fiscal years 2009 and 2010. Such sums shall remain available 
until expended. 
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 
(a) IN GENERAL.—The Board of Regents of the Smithsonian 
Institution is authorized to construct a greenhouse facility at its 
museum support facility in Suitland, Maryland, to maintain the 
horticultural operations of, and preserve the orchid collection held 
in trust by, the Smithsonian Institution. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $12,000,000 to carry out this section. Such 
sums shall remain available until expended. 
Approved March 30, 2009. 
Maryland. 
20 USC 50 note. 
20 USC 50 note. 
20 USC 50 note. 
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