Omnibus Parks and Public Lands Management Act of 1996
PL 104-333 (H.R.4236), enacted 11/12/1996

PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4093 
Public Law 104-333 
104th Congress 
An Act 
To provide for the administration of certain Presidio properties at minimal cost 
Nov. 12, 1996 
to the Federal taxpayer, and for other piirposes. 
[H.R. 4236] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Omnibus Parks 
and Public Lands 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
Management Act 
This Act may be cited as the "Omnibus Parks and Public 
jg use i note 
Lands Management Act of 1996". 
Sec. 1. Short title and table of contents. 
DIVISION I 
TITLE I—THE PRESIDIO OF SAN FRANCISCO 
Sec. 101. Findings. 
Sec. 102. Authority and responsibility of the Secretary of the Interior. 
Sec. 103. Establishment of the Presioio Trust. 
Sec. 104. Duties and authorities of the Trust. 
Sec. 105. Limitations on funding. 
Sec. 106. General Accounting Office study. 
TITLE II—BOUNDARY ADJUSTMENTS AND CONVEYANCES 
Sec. 201. Yucca House National Monument boundary adjustment. 
Sec. 202. Zion National Park boundary adjustment. 
Sec. 203. Pictxu-ed Rocks National Lakeshore boundeiry adjustment. 
Sec. 204. Independence National Historical Park boundary adjustment. 
Sec. 205. Craters of the Moon National Monument boundary ac^ustment. 
Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment. 
Sec. 207. Wupatki National Monument boundary adjustment. 
Sec. 208. Walnut Canyon National Moniunent boundary modification. 
Sec. 209. Butte County, California land conveyance. 
Sec. 210. Taos Pueblo land transfer. 
Sec. 211. Colonial National Historical Park. 
Sec. 212. Cuprum, Idaho relief 
Sec. 213. Relinquishment of interest. 
Sec. 214. Modoc National Forest. 
Sec. 215. Conveyance to City of Sumpter, Oregon. 
Sec. 216. Cumberland Gap National Historical Park. 
Sec. 217. Alpine School District. 
Sec. 218. Merced Irrigation District land exchange. 
Sec. 219. Father Aull site transfer. 
Sec. 220. Coastal Barrier Resources System. 
Sec. 221. Conveyance to Del Norte County Unified School District. 
TITLE III—EXCHANGES 
Sec. 301. Targhee National Forest land exchange. 
Sec. 302. Anaktuvuk Pass land exchange. 
Sec. 303. Alaska Peninsula subsurface consolidation. 
Sec. 304. Snowbasin Land Exchange Act. 
Sec. 305. Arkansas and Oklahoma land exchange. 
Sec. 306. Big Thicket National Preserve. 
Sec. 307. Lost Creek land exchange. 
Sec. 308. Cleveland National Forest land exchange. 
110 STAT. 4094 
PUBLIC LAW 104-333—NOV. 12, 1996 
Sec. 309. Sand Hollow land exchange. 
Sec. 310. Bureau of Land Management authorization for fiscal years 1997 through 
2002. 
Sec. 311. Kenai Natives Association land exchange. 
TITLE IV—RIVERS AND TRAILS 
Sec. 401. Rio Puerco watershed. 
Sec. 402. Old Spanish Trail. 
Sec. 403. Great Western Scenic Trail. 
Sec. 404. Hanford Reach Preservation. 
Sec. 405. Lamprey Wild and Scenic River. 
Sec. 406. West Vircinia National Rivers Amendments of 1996. 
Sec. 407. Technicafamendment to the Wild and Scenic Rivers Act. 
Sec. 408. Protection of North St. Vrain Creek, Colorado. 
TITLE V—HISTORIC AREAS AND CIVIL RIGHTS 
Sec. 501. The Selma to Montgomery National Historic Trail. 
Sec. 502. Vancouver National Historic Reserve. 
Sec. 503. Extension of Kaloko-Honokohau Advisory Commission. 
Sec. 504. Amendment to Boston National Historic Park Act. 
Sec. 505. Women's Rights National Historic Park. 
Sec. 506. Black Patriots Memorial Extention. 
Sec. 507. Historically black colleges and universities historic building restoration 
and preservation. 
Sec. 508. Memorial to Martin Luther King, Jr. 
Sec. 509. Advisory Council on Historic Preservation reauthorization. 
Sec. 510. Great Falls Historic District, New Jersey. 
Sec. 511. New Bedford National Historic Landmark District. 
Sec. 512. Nicodemus National Historic Site. 
Sec. 513. Unalaska. 
Sec. 514. Japanese American Patriotism Memorial. 
Sec. 515. Manzanar National Historic Site. 
Sec. 516. Recognition and designation of the AIDS Memorial Grove as nationed 
memorial. 
TITLE VI—CIVIL AND REVOLUTIONARY WAR SITES 
Sec. 601. United States Civil War Center. 
Sec. 602. Corinth, Mississippi, Battlefield Act. 
Sec. 603. Revolutionary War and War of 1812 Historic Preservation Study. 
Sec. 604. American battlefield protection program. 
Sec. 605. Chickamauga and Chattanooga National Military Parks. 
Sec. 606. Shenandoah Valley battlefields. 
Sec. 607. Washita Battlefield. 
TITLE VII—FEES 
Sec. 701. Ski area permit rental charge. 
Sec. 702. Delaware Water Gap. 
Sec. 703. Glacier Bay National Park. 
TITLE VIII—MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT 
PROVISIONS 
Sec. 801. Limitation on park buildings. 
Sec. 802. Appropriations for transportation of children. 
Sec. 803. Feral burros and horses. 
Sec. 804. Authorities of the Secretary of the Interior relating to museums. 
Sec. 805. Volunteers in parks increase. 
Sec. 806. Carl Gamer Federal Lands Cleanup Day. 
Sec. 807. Fort Pulaski National Monument, Georgia. 
Sec. 808. Laiu^ C. Hudson Visitor Center. 
Sec. 809. Robert J. Lagomarsino Visitor Center. 
Sec. 810. Expenditure of funds outside authorized boundary of Rocky Mountain 
>fational Park. 
Sec. 811. Dayton aviation. 
Sec. 812. Prohibition on certain transfers of national forest lands. 
Sec. 813. Grand Lake Cemetery. 
Sec. 814. National Park Service administrative reform. 
Sec. 815. William B. SmuUin Visitor Center. 
Sec. 816. Calumet Ecological Park.. 
Sec. 817. Acquisition of certain property on Santa Cruz Island. 
Sec. 818. National Park Agreements. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4095 
TITLE IX—HERITAGE AREAS 
Sec. 901. Blackstone River Vallw National Heritage Corridor. 
Sec. 902. Illinois and Michigan Canal National Heritage Corridor. 
TITLE X—MISCELLANEOUS 
Subtitle A—^Tallgrass Prairie National Preserve 
Sec. 1001. Short title. 
Sec. 1002. Findings and purposes. 
Sec. 1003. Definitions. 
Sec. 1004. Establishment of Tallgrass Prairie National Preserve. 
Sec. 1005. Administration of National Preserve. 
Sec. 1006. Limited authority to acquire. 
Sec. 1007. Advisory Committee. 
Sec. 1008. Restriction on authority. 
Sec. 1009. Authorization of appropriations. 
Subtitle B—Sterling Forest 
Sec. 1011. Palisades Interstate Park Commission. 
Subtitie C—Additional Provisions 
Sec. 1021. Recreation lakes. 
Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil forest protection. 
Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area. 
Sec. 1024. Upper Klamath Basin ecological restoration projects. 
Sec. 1025. Deschutes Basin ecosystem restoration projects. 
Sec. 1026. Bull Run protection. 
Sec. 1027. Oregon Islands Wilderness, additions. 
Sec. 1028. Umpqua River land exchange study: policy and direction. 
Sec. 1029. Boston Harbor Islands Recreation Area. 
Sec. 1030. Natchez National Historical Park. 
Sec. 1031. Substitution of timber for canceled timber sale. 
Sec. 1032. Rural electric and telephone facilities. 
Sec. 1033. Federal borough recognition. 
Sec. 1034. Extension of statute of limitations. 
Sec. 1035. Regulation of fishing in certain waters of Alaska. 
Sec. 1036. Credit for reconveyance. 
Sec. 1037. Radio site report. 
TITLE XI—CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT 
Sec. 1101. Program fiinding. 
DIVISION II 
TITLE 
I—NATIONAL 
COAL 
HERITAGE 
AREA 
Sec. 101. Short titie. 
Sec. 102. Findings. 
Sec. 103. Establishment. 
Sec. 104. Contractual agreement. 
Sec. 105. Eligible resources. 
Sec. 106. Coal heritage management plan. 
Sec. 107. Sunset. 
Sec. 108. Authorization of appropriations. 
TITLE II—TENNESSEE CIVIL WAR HERITAGE AREA 
Sec. 201. Findings and piirposes. 
Sec. 202. Definitions. 
Sec. 203. Tennessee Civil War Heritage Area. 
Sec. 204. Compact. 
Sec. 205. Management. 
Sec. 206. Duties and authorities of Secretary. 
Sec. 207. Savings provisions. 
Sec. 208. Sunset. 
Sec. 209. Authorization of appropriations. 
TITLE III—AUGUSTA CANAL NATIONAL HERITAGE AREA 
Sec. 301. Findings. 
Sec. 302. Purpose. 
Sec. 303. Designation of Augusta Canal National Heritage Area. 
Sec. 304. Management. 
110 STAT. 4096 
PUBLIC LAW 104^33a-NOV. 12, 1996 
Sec. 305. Management plan. 
Sec. 306. Grants and technical assistance. 
Sec. 307. Acquisition of real property. 
Sec. 308. Occiipational, safety, conservation, and environmental regulation. 
Sec. 309. Land use regulation. 
Sec. 310. Sunset. 
Sec. 311. Authorization of appropriations. 
TITLE IV—STEEL INDUSTRY HERITAGE PROJECT 
Sec. 401. Short title. 
Sec. 402. Findings and purpose. 
Sec. 403. Steel Industry American Heritage Area. 
Sec. 404. Compact. 
Sec. 405. Management plan. 
Sec. 406. Authorities and duties of management entity. 
Sec. 407. Duties and authorities of Fedei^ agencies. 
Sec. 408. Sunset. 
Sec. 409. Authorization of appropriations. 
TITLE V—ESSEX NATIONAL HERITAGE AREA 
Sec. 501. Finding and purpose. 
Sec. 502. Definitions. 
Sec. 503. Designation of National Heritage Area. 
Sec. 504. Management entity. 
Sec. 505. Duties of the Secretary. 
Sec. 506. Private property. 
Sec. 507. Sunset. 
Sec. 508. Authorization of appropriations. 
TITLE VI—SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR 
Sec. 601. Short title. 
Sec. 602. Findings and purpose. 
Sec. 603. Definitions. 
Sec. 604. South Carolina National Heritage Corridor. 
Sec. 605. Management entity. 
Sec. 606. Duties of the Secretary. 
Sec. 607. Sunset. 
Sec. 608. Authorization of appropriations. 
TITLE VII—AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP 
Sec. 701. Findings and piirposes. 
Sec. 702. Definitions. 
Sec. 703. Establishment of the America's Agricultural Heritage Partnership. 
Sec. 704. Establishment 
of the America's Agricutural Heritage 
Partnei 
management entity. 
Sec. 705. Partnership management plan. 
Sec. 706. Land use regulation and private property protection. 
Sec. 707. Sunset. 
Sec. 708. Authorization of appropriations. 
TITLE VIII—OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR 
Sec. 801. Short title. 
Sec. 802. Findings and piupose. 
Sec. 803. Definitions. 
Sec. 804. Ohio & Erie Canal National Heritage Corridor. 
Sec. 805. The Ohio & Erie National Canal Heritage Corridor Committee. 
Sec. 806. Powers and duties of the National Heritage Corridor Committee. 
Sec. 807. Management entity. 
Sec. 808. Duties of the management entity. 
Sec. 809. Duties and authorities of Federal agencies. 
Sec. 810. Lack of eflFect on land use regulation and private property. 
Sec. 811. Sunset. 
Sec. 812. Authorization of appropriations. 
TITLE K—HUDSON RIVER VALLEY NATIONAL HERITAGE AREA 
Sec. 901. Short title. 
Sec. 902. Findings. 
Sec. 903. Purposes. 
Sec. 904. Hudson River Valley American Heritage Area. 
Sec. 905. Compact. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4097 
Sec. 906. Management plan. 
Sec. 907. Authorities and duties of management entities. 
Sec. 908. Duties and authorities of Federal agencies. 
Sec. 909. Authorization of appropriations. 
Sec. 910. Sunset. 
DIVISION I 
TITLE I—THE PRESIDIO OF SAN 
FRANCISCO 
SEC. 101. FINDINGS. 
The Congress finds that— 
(1) the Presidio, located amidst the incomparable scenic 
splendor of the Grolden Gate, is one of America's great natural 
and historic sites; 
(2) the Presidio is the oldest continuously operated military 
post in the Nation dating from 1776, and was designated a 
National Historic Landmark in 1962; 
(3) preservation of the cultural and historic integrity of 
the Presidio for public use recognizes its significant role in 
the history of the United States; 
(4) the Presidio, in its entirety, is a part of the Grolden 
Gate National Recreation Area, in accordance with Public Law 
92-589; 
(5) as part of the Golden Gate National Recreation Area, 
the Presidio's significant natural, historic, scenic, cultural, and 
recreational resources must be managed in a manner which 
is consistent with sound principles of land use planning and 
management, and which protects the Presidio from development 
and uses which would destroy the scenic beauty and historic 
and natural character of the area and cultural and recreational 
resources; 
(6) removal and/or replacement of some structures within 
the Presidio must be considered as a management option in 
the administration of the Presidio; and 
(7) the Presidio will be managed through an innovative 
public/private partnership that minimizes cost to the United 
States Treasury and makes efficient use of private sector 
resources. 
SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
THE INTERIOR. 
(a) INTERIM AUTHORITY.—The Secretary of the Interior (herein-
after in this title referred to as the "Secretary") is authorized 
to manage leases in existence on the date of this Act for properties 
under the administrative jurisdiction of the Secretary and located 
at the Presidio. Upon the expiration of any such lease, the Secretary 
may extend such lease for a period terminating not later than 
6 months after the first meeting of the Presidio Trust. The Secretary 
may not enter into any new leases for property at the Presidio 
to be transferred to the Presidio Trust under this title, however, 
the Secretary is authorized to enter into agreements for use and 
occupancy of the Presidio properties which are assignable to the 
Trust and are terminable with 30 days notice. Prior to the transfer 
of administrative jurisdiction over any property to the Presidio 
Trust, and notwithstanding section 1341 of title 31 of the United 
16USC460bb 
note. 
16 use 460bb 
note. 
110 STAT. 4098 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 460bb 
note. 
Federal buildings 
and facilities. 
States Code, the proceeds from any such lease shall be retained 
by the Secretary and such proceeds shall be available, without 
further appropriation, for the preservation, restoration, operation 
and maintenance, improvement, repair and related expenses 
incurred with respect to Presidio properties. The Secretary may 
adjust the rental charge on any such lease for any amounts to 
be expended by the lessee for preservation, maintenance, restora-
tion, improvement, repair and related expenses with respect to 
properties and infrastructure within the Presidio. 
(b) PUBLIC INFORMATION AND INTERPRETATION.—^The Secretary 
shall be responsible, in cooperation with the Presidio Trust, for 
providing public interpretive services, visitor orientation and edu-
cational programs on all lands within the Presidio. 
(c) OTHER.—^Those lands and facilities within the Presidio that 
are not transferred to the administrative jurisdiction of the Presidio 
Trust shall continue to be managed by the Secretary. The Secretary 
and the Presidio Trust shall cooperate to ensure adequate public 
access to all portions of the Presidio. Any infrastructure and build-
ing improvement projects that were funded prior to the enactment 
of this Act shall be completed by the National Park Service. 
(d) PARK SERVICE EMPLOYEES.—(1) Any career employee of 
the National Park Service, employed at the Presidio at the time 
of the transfer of lands and facilities to the Presidio Trust, shall 
not be separated from the Service by reason of such transfer, 
unless such employee is employed by the Trust, other than on 
detail. Notwithstanding section 3503 of title 5, United States Code, 
the Trust shall have sole discretion over whether to hire any such 
employee or request a detail of such employee. 
(2) Any career employee of the National Park Service employed 
at the Presidio on the date of enactment of this title shall be 
given priority placement for any available position within the 
National Park System notwithstanding any priority reemplojmrient 
lists, directives, rules, regulations or other orders from the Depart-
ment of the Interior, the Office of Management and Budget, or 
other Federal agencies. 
SEC. 103. ESTABUSHMENT OF THE PRESIDIO TRUST. 
(a) ESTABLISHMENT.—^There is established a wholly owned 
government corporation to be known as the Presidio Trust (herein-
after in this title referred to as the 'Trust"). 
(b) TRANSFER.—(1) Within 60 days after receipt of a request 
from the Trust for the transfer of any parcel within the area 
depicted as Area B on the map entitled "Presidio Trust Number 
1", dated December 7, 1995, the Secretary shall transfer such parcel 
to the administrative jurisdiction of the Trust. Within 1 year after 
the first meeting of the Board of Directors of the Trust, the 
Secretary shall transfer to the Trust administrative jurisdiction 
over all remaining parcels within Area B. Such map shedl be on 
file and available for public inspection in the offices of the Trust 
and in the offices of the National Park Service, Department of 
the Interior. The Trust and the Secretary may jointly make tech-
nical Eind clerical revisions in the boundary depicted on such map. 
The Secretary shall retain jurisdiction over those portions of the 
building identified as number 102 as the Secretary deems essential 
for use as a visitor center. The Building shall be named the **William 
Penn Mott Visitor Center". Any parcel of land, the jurisdiction 
over which is transferred pursuant to this subsection, shall remain 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4099 
within the boundary of the Grolden Gate National Recreation Area. 
With the consent of the Secretary, the Trust may at any time 
transfer to the administrative jurisdiction of the Secretary any 
other properties within the Presidio which are surplus to the needs 
of the Trust and which serve essential purposes of the Grolden 
Gate National Recreation Area. The Trust is encouraged to transfer 
to the administrative jurisdiction of the Secretary open space areas 
which have high public use potential and are contiguous to other 
lands administrated by the Secretary. 
(2) Within 60 days after the first meeting of the Board of 
Directors of the Trust, the Trust and the Secretary shall determine 
cooperatively which records, equipment, and other personal property 
are deemed to be necessary for the immediate administration of 
the properties to be transferred, and the Secretary shall imme-
diately transfer such personal property to the Trust. Within 1 
year after the first meeting of the Board of Directors of the Trust, 
the Trust and the Secretary shall determine cooperatively what, 
if any, additional records, equipment, and other personal property 
used by the Secretary in.the administration of the properties to 
be transferred should be transferred to the Trust. 
(3) The Secretary shall transfer, with the transfer of administra-
tive jurisdiction over any property, the unobligated balance of all 
fands appropriated to the Secretary, all leases, concessions, licenses, 
permits, and other agreements affecting such property. 
(4) At the request of the Trust, the Secretary shall provide 
funds to the Trust for preparation of the program required under 
section 104(c) of this title, hiring of initial staff and other activities 
deemed by the Trust as essential to the establishment of the Trust 
prior to the transfer of properties to the Trust. 
(c) BOARD OF DIRECTORS.— 
(1) IN GENERAL.—^The powers and management of the Trust 
. 
shall be vested in a Board of Directors (hereinafter referred 
to as the "Board") consisting of the following 7 members: 
(A) The Secretary of the Interior or the Secretary's 
designee. 
(B) 6 individuals, who are not employees of the Federal 
President. 
Government, appointed by the President, who shall possess 
extensive knowledge and experience in one or more of 
the fields of city planning, finance, real estate development, 
and resource conservation. At least one of these individuals 
shall be a veteran of the Armed Services. At least 3 of 
these individuals shall reside in the San Francisco Bay 
Area. The President shall make the appointments referred 
to in this subparagraph within 90 days after the enactment 
of this Act and shall ensure that the fields of city planning, 
finance, real estate development, and resource conservation 
are adequately represented. Upon establishment of the 
Trust, the Chairman of the Board of Directors of the Trust 
shall meet with the Chairman of the Energy and Natural 
Resources Committee of the United States Senate and the 
Chairman of the Resources Committee of the United States 
House of Representatives. 
(2) TERMS.—^Members of the BoEird appointed under para-
graph (1)(B) shall each serve for a term of 4 years, except 
that of the members first appointed, 3 shall serve for a term 
of 2 years. Any vacancy in the Board shall be filled in the 
same manner in which the original appointment was made. 
110 STAT. 4100 
PUBLIC LAW 104-333—NOV. 12, 1996 
Procedures. 
Public 
information. 
Reports. 
and any member appointed to fill a vacancy shall serve for 
the remainder of that term for which his or her predecessor 
was appointed. No appointed member may serve more than 
8 years in consecutive terms. 
(3) QUORUM.—Four members of the Board shall constitute 
a quorum for the conduct of business by the Board. 
(4) ORGANIZATION AND COMPENSATION.—The Board shall 
organize itself in such a manner as it deems most appropriate 
to effectively carry out the authorized activities of the Trust. 
Board members shall serve without pay, but may be reimbursed 
for the actual and necessary travel and subsistence expenses 
incurred by them in the performance of the duties of the Trust. 
(5) LIABILITY OF DIRECTORS.—Members of the Board of 
Directors shgJl not be considered Federal employees by virtue 
of their membership on the Board, except for purposes of the 
Federal Tort Claims Act and the Ethics in Government Act, 
and the provisions of chapter 11 of title 18, United States 
Code. 
(6) MEETINGS.—^The Board shall meet at least three times 
per year in San Francisco and at least two of those meetings 
shall be open to the public. Upon a majority vote, the Board 
may close any other meetings to the public. The Board shall 
establish procedures for providing public information 
and 
opportunities for public comment regarding policy, planning, 
and design issues. The Board may establish procedures for 
providing public information and opportunities for public com-
ment regarding policy, planning, and design issues through 
the 
Golden 
Gate 
National 
Recreation 
Area 
Advisory 
Commission. 
(7) STAFF.—^The Trust is authorized to appoint and fix 
the compensation and duties of an executive director and such 
other officers and employees as it deems necessary without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and may pay them 
without regard to the provisions of chapter 51, and subchapter 
III of chapter 53, title 5, United States Code, relating to classi-
fication and General Schedule pay rates. 
(8) 
NECESSARY 
POWERS.—The 
Trust 
shall 
have 
all 
necessary and proper powers for the exercise of the authorities 
vested in it. 
(9) TAXES.—The Trust and all properties administered by 
the Trust shall be exempt fi*om all taxes and special assess-
ments of every kind by the State of California, and its political 
subdivisions, including the City and County of San Francisco. 
(10) GOVERNMENT CORPORATION.—(A) The Trust shall be 
treated as a wholly owned Government corporation subject 
to chapter 91 of title 31, United States Code (commonly referred 
to as the Government Corporation Control Act). Financial state-
ments of the Trust shall be audited annually in accordance 
with section 9105 of title 31 of the United States Code. 
(B) At the end of each calendar year, the Trust shall 
submit to the Committee on Energy and Natursd Resources 
of the United States Senate and the Committee on Resources 
of the House of Representatives a comprehensive and detailed 
report of its operations, activities, and accomplishments for 
the prior fiscal yesir. The report also shall include a section 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4101 
that describes in general terms the Trust's goals for the current 
fiscal year. 
SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST. 
(a) OVERALL REQUIREMENTS OF THE TRUST.—The Trust shall 
msinage the leasing, maintenance, rehabilitation, repair 
and 
improvement of property within the Presidio under its administra-
tive jurisdiction using the authorities provided in this section, which 
shall be exercised in accordance with the purposes set forth in 
section 1 of the Act entitled "An Act to establish the Grolden Gate 
National Recreation Area in the State of California, and for other 
purposes", approved October 27, 1972 (PubUc Law 92-589; 86 Stat. 
1299; 16 U.S.C. 460bb), and in accordance with the general objec-
tives of the General Management Plan (hereinafter referred to 
as the "management plan") approved for the Presidio. 
(b) AUTHORITIES.—^The Trust may participate in the develop-
ment of programs and activities at the properties transferred to 
the Trust, except that the Trust shall have the authority to nego-
tiate Eind enter into such gigreements, leases, contracts and other 
arrangements with any person, firm, association, organization, cor-
poration or governmental entity, including, without limitation, enti-
ties of Federal, State and local governments as are necessary and 
appropriate to carry out its authorized activities. Any such agree-
ment may be entered into without regard to section 321 of the 
Act of June 30, 1932 (40 U.S.C. 303b). The Trust shall establish 
procedures for lease agreements and other agreements for use and 
occupancy of Presidio facilities, including a requirement that in 
entering into such agreements the Trust shall obtain reasonable 
competition. The Trust may not dispose of or convey fee title to 
any real property transferred to it under this title. Federal laws 
and regulations governing procurement by Federal agencies shall 
not apply to the Trust, with the exception of laws and regulations 
related to Federal government contracts governing working condi-
tions £md wage rates, including the provisions of sections 276a-
276a-6 of title 40, United States Code (Davis-Bacon Act), and 
any civil rights provisions otherwise applicable thereto. The Trust, 
in consultation with the Administrator of Federal Procurement 
Policy, shall establish and promulgate procedures applicable to 
the Trust's procurement of goods and services including, but not 
limited to, the award of contracts on the basis of contractor quali-
fications, price, commercisdly reasonable buying practices, and 
reasonable competition. 
(c) MANAGEMENT PROGRAM.—^The Trust shall develop a com-
prehensive program for management of those lands and facilities 
within the Presidio which are transferred to the administrative 
jurisdiction of the Trust. Such program shall be designed to reduce 
expenditures by the National Park Service and increase revenues 
to the Federal Government to the maximum extent possible. In 
carrying out this progrgim, the Trust shall be treated as a successor 
in interest to the National Park Service with respect to compliance 
with the National Environmental Policy Act and other environ-
mental compliance statutes. Such program shall consist of— 
(1) demolition of structures which in the opinion of the 
Trust, cannot be cost-effectively rehabilitated, and which are 
identified in the management plan for demolition, 
(2) evaluation for possible demolition or replacement those 
buildings identified as categories 2 through 5 in the Presidio 
16 use 460bb 
note. 
ProceduKss. 
Contracts. 
Procedunjs. 
Contracts. 
110 STAT. 4102 
PUBLIC LAW 104-333—NOV. 12, 1996 
of San Francisco Historic Landmark District Historic American 
Buildings Survey Report, dated 1985, 
(3) new construction limited to replacement of existing 
structures of similar size in existing areas of development, 
and 
(4) examination of a full range of reasonable options for 
carrying out routine administrative and facility management 
programs. 
The Trust shall consult with the Secretary in the preparation 
of this program. 
(d) FINANCIAL AUTHORITIES.—^To augment or encourage the 
use of non-Federal funds to finance capital improvements on 
Presidio properties transferred to its jurisdiction, the Trust, in 
addition to its other authorities, shall have the following authorities 
subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.): 
(1) The authority to guarantee any lender against loss 
of principal or interest on any loan: Provided, That— 
(A) the terms of the guarantee are approved by the 
Secretary of the Treasury; 
(B) adequate subsidy budget authority is provided in 
advance in appropriations Acts; and 
(C) such guarantees are structured so as to minimize 
potential cost to the Federal Grovemment. No loan 
guarantee under this title shall cover more than 75 percent 
of the unpaid balance of the loan. The Trust may collect 
a fee sufficient to cover its costs in connection with each 
loan guaranteed under this title. The authority to enter 
into any such loan guarantee agreement shall expire at 
the end of 15 years after the date of enactment of this 
title. 
(2) The authority, subject to appropriations, to make loans 
to the occupants of property managed by the Trust for the 
preservation, restoration, maintenance, or repair of such prop-
erty. 
(3) The authority to issue obligations to the Secretary of 
the Treasury, but only if the Secretary of the Treasury agrees 
to purchase such obligations after determining that the projects 
to be funded from the proceeds thereof are credit worthy and 
that a repa3rment schedule is established and only to the extent 
authorized in advance in appropriations acts. The Secretary 
of the Treasury is authorized to use as a public debt transaction 
the proceeds from the sale of any securities issued under chap-
ter 31 of title 31, United States Code, and the purposes for 
which securities may be issued under such chapter are extended 
to include any purchase of such notes or obligations acquired 
by the Secretary of the Treasury under this subsection. Obliga-
tions issued under this subparagraph shall be in such forms 
and denominations, bearing such maturities, and subject to 
such terms and conditions, as may be prescribed by the 
Secretary of the Treasury, and shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into consid-
eration current market yields on outstanding marketable 
obligations of the United States of comparable maturities. No 
funds appropriated to the Trust may be used for repayment 
of principal or interest on, or redemption of, obligations issued 
under this paragraph. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4103 
(4) The aggregate amount of obligations issued under this 
subsection which are outstanding at any one time may not 
exceed $50,000,000. 
(e) DONATIONS.—^The Trust may solicit and accept donations 
of funds, property, supplies, or services from individuals, founda-
tions, corporations, and other private or public entities for the 
purpose of carrying out its duties. The Trust is encouraged to 
maintain a liaison with the Golden Gate National Park Association. 
(f) PUBLIC AGENCY.—The Trust shall be deemed to be a pubUc 
agency for purposes of entering into joint exercise of powers agree-
ments pursuant to California government code section 6500 and 
related provisions of that Code. 
(g) PROCEEDS.—^Notwithstanding section 1341 of title 31 of 
the United States Code, all proceeds received by the Trust shall 
be retained by the Trust, and such proceeds shall be available, 
without further appropriation, for the administration, preservation, 
^ 
restoration, operation and maintenance, improvement, repair and 
related expenses incurred with respect to Presidio properties under 
its administrative jurisdiction. The Secretary of the Treasury shall 
invest excess moneys of the Trust in public debt securities which 
shall bear interest at rates determined by the Secretary of the 
Treasury taking into consideration the current average market 
yield on outstanding marketable obligations of the United States 
of comparable maturity. 
(h) SUITS.—^The Trust may sue and be sued in its own name 
to the same extent as the Federal Government. Litigation arising 
out of the activities of the Trust shall be conducted by the Attorney 
General; except that the Trust may retain private attorneys to 
provide advice and counsel. The District Court for the Northern 
District of California shall have exclusive jurisdiction over any 
suit filed against the Trust. 
(i) MEMORANDUM OF AGREEMENT.—^The Trust shall enter into 
a Memorandum of Agreement with the Secretary, acting through 
the Chief of the United States Park Police, for the conduct of 
law enforcement activities and services within those portions of 
the Presidio transferred to the administrative jurisdiction of the 
Trust. 
(j) BYLAWS, RULES, AND REGULATIONS.—The Trust may adopt, 
amend, repeal, and enforce bylaws, rules and regulations governing 
the manner in which its business may be conducted and the powers 
vested in it may be exercised. The Trust is authorized, in consulta-
tion with the Secretary, to adopt and to enforce those rules and 
regulations that are applicable to the Golden Gate National Recre-
ation Area and that may be necessary and appropriate to carry 
out its duties and responsibilities under this title. The Trust shall Federal Register 
give notice of the adoption of such rules and regulations by publica- publication, 
tion in the Federal Register. 
(k) DIRECT NEGOTIATIONS.—^For the purpose of compliance with 
applicable laws and regulations concerning properties transferred 
to the Trust by the Secretary, the Trust shall negotiate directly 
with regulatory authorities. 
(1) INSURANCE.—The Trust shall require that all leaseholders 
and contractors procure proper insurance against any loss in connec-
tion with properties under lease or contract, or the authorized 
activities granted in such lease or contract, as is reasonable and 
customary. 
110 STAT. 4104 
PUBLIC LAW 104-333—NOV. 12, 1996 
16USC460bb 
note. 
16 use 460bb 
note. 
(m) BUILDING CODE COMPLIANCE.—The Trust shall bring all 
properties under its administrative jurisdiction into compliance with 
Federal building codes and regulations appropriate to use and occu-
pancy within 10 years after the enactment of this title to the 
extent practicable. 
(n) LEASING.—^In managing and leasing the properties trans-
ferred to it, the Trust shall consider the extent to which prospective 
tenants contribute to the implementation of the General Manage-
ment Plan for the Presidio and to the reduction of cost to tne 
Federal Government. The Trust shall give priority to the following 
categories of tenants: Tenants that ennance the financial viability 
of the Presidio and tenants that facilitate the cost-effective preserva-
tion of historic buildings through their reuse of such buildings. 
(o) REVERSION.—If, at the expiration of 15 years, the Trust 
has not accomplished the goals and objectives of the plan required 
in section 105(D) of this title, then all property under the administra-
tive jurisdiction of the Trust pursuant to section 103(b) of this 
title shall be transferred to the Administrator of the General 
Services Administration to be disposed of in accordance with the 
P
rocedures outlined in the Defense Authorization Act of 1990 (104 
tat. 1809), and any real property so transferred shall be deleted 
from the boundary of the Golden Gate National Recreation Area. 
In the event of such transfer, the terms and conditions of all 
agreements and loans regarding such lands and facilities entered 
into by the Trust shall be binding on any successor in interest. 
SEC. 105. LIMITATIONS ON FUNDING. 
(a)(1) From amounts made available to the Secretary for the 
operation of areas within the Golden Gate National Recreation 
Area, not more than $25,000,000 shall be available to carry out 
this title in each fiscal year after the enactment of this title until 
the plan is submitted under subsection (b). Such sums shall remain 
available until expended. 
(2) After the plan required in subsection (b) is submitted, and 
for each of the 14 fiscal years thereafter, there are authorized 
to be appropriated to the Trust not more than the amounts specified 
in such plan. Such sums shall remain available until expended. 
Of such sums, not more than $3,000,000 annually shall be available 
through the Trust for law enforcement activities and services to 
be provided by the United States Park Police at the Presidio in 
accordance with section 104(h) of this title. 
(b) Within 1 year sifter the first meeting of the Board of Direc-
tors of the Trust, the Trust shall submit to Congress a plan which 
includes a schedule of annual decreasing federals appropriated 
funding that will achieve, at a minimum, self-sufnciency for the 
Trust within 15 complete fiscal years after such meeting of the 
Trust. No further funds shall be authorized for the Trust 15 years 
after the first meeting of the Board of Directors of the Trust. 
(c) The Administrator of the General Services Administration 
shall provide necessary assistance, including detailees as necessary, 
to the Trust in the formulation and submission of the annual 
budget request for the administration, operation, and maintenance 
of the Presidio. 
SEC. 106. GENERAL ACCOUNTING OFFICE STUDY. 
(a) Three years after the first meeting of the Board of Directors 
of the Trust, the General Accounting Office shall conduct an interim 
study of the activities of tlie Trust and shall report the results 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4105 
of the study to the Committee on Energy and Natural Resources 
and the Committee on Appropriations of the United States Senate, 
and the Committee on Resources and Committee on Appropriations 
of the House of Representatives. The study shall include, out shall 
not be limited to, details of how the Trust is meeting its obligations 
under this title. 
(b) In consultation with the Trust, the General Accounting 
Office shall develop an interim schedule and plan to reduce and 
replace the Federal appropriations to the extent practicable for 
interpretive services conducted by the National Park Service, and 
law enforcement activities and services, fire and public safety 
programs conducted by the Trust. 
(c) Seven years after the first meeting of the Board of Directors 
of the Trust, the General Accounting Office shall conduct a com-
prehensive study of the activities of the Trust, including the Trust's 
progress in meeting its obligations under this title, taking into 
consideration the results of the study described in subsection (a) 
and the implementation 
of plan and 
schedule required 
in 
subsection (b). The Greneral Accounting Office shall report the 
results of the study, including £uiy adjustments to the plan and 
schedule, to the Committee on Energy and Natural Resources and 
the Committee on Appropriations of the United States Senate, 
and the Committee on Resources and Committee on Appropriations 
of the House of Representatives. 
TITLE II—BOUNDARY ADJUSTMENTS 
AND CONVEYANCES 
SEC. 
201. YUCCA HOUSE 
NATIONAL MONUMENT BOUNDARY 16 USC 431 note. 
ADJUSTMENT. 
(a) IN GENERAL.—^The boundaries of Yucca House National 
Monument are revised to include the approximately 24.27 acres 
of land generally depicted on the map entitled "Boundary—Yucca 
House National Monument, Colorado", numbered 318/80,001-B, and 
dated February 1990. 
(b) MAP.—^The map referred to in subsection (a) shall be on 
file and available for public inspection in appropriate offices of 
the National Park Service of the Department of tne Interior. 
(c) ACQUISITION.— 
(1) IN GENERAL.—^Within the lands described in subsection 
(a), the Secretary of the Interior may acquire lands and 
interests in lands by donation. 
(2) The Secretary of the Interior may pay administrative 
costs arising out of any donation described in paragraph (1) 
with appropriated funds. 
SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT. 
16USC346a-5. 
(a) ACQUISITION AND BOUNDARY CHANGE.—The Secretary of 
the Interior is authorized to acquire by exchange approximately 
5.48 acres located in the SWV4 of Section 28, Township 41 South, 
Range 10 West, Salt Lake Base and Meridian. In exchange therefor 
the Secretary is authorized to convey all right, title, and interest 
of the United States in and to approximately 5.51 acres in Lot 
2 of Section 5, Township 41 South, Range 11 West, both parcels 
of land being in Washington Coimty, Utah. Upon completion of 
such exchange, the Secretary is authorized to revise the boundary 
110 STAT. 4106 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 460&-14. 
16 use 407m-8. 
16 use 431 note. 
16 use 431 note. 
of Zion National Park to add the 5.48 acres in section 28 to the 
park and to exclude the 5.51 acres in section 5 from the park. 
Land added to the park shall be administered as part of the park 
in accordance with the laws and regulations applicable thereto. 
(b) EXPIRATION.—^The authority granted by this section shall 
expire 2 years after the date of the enactment of this Act. 
SEC. 203. PICTURED 
ROCKS 
NATIONAL 
LAKESHORE 
BOUNDARY 
ADJUSTMENT. 
The boundary of Pictured Rocks National Lakeshore is hereby 
modified as depicted on the map entitled "Area Proposed for Addi-
tion to Pictured Rocks National Lakeshore", numbered 625-
80,043A, and dated July 1992. 
SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK BOUNDARY 
ADJUSTMENT. 
The administrative boundary between Independence National 
Historical Park and the United States Customs House along the 
Moravian Street Walkway in Philadelphia, Pennsylvania, is hereby 
modified as generally depicted on the drawing entitled "Exhibit 
1, Independence National Historical Park, Boundary Adjustment", 
and dated May 1987, which shall be on file and available for 
public inspection in the Office of the National Park Service, Depart-
ment of the Interior. The Secretary of the Interior is authorized 
to accept and transfer jurisdiction over property in accord with 
such administrative boundary, as modified by this section. 
SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT BOUNDARY 
ADJUSTMENT. 
(a) BOUNDARY REVISION.—^The boundary of Craters of the Moon 
National Monument, Idaho, is revised to add approximately 210 
acres and to delete approximately 315 acres as generally depicted 
on the map entitled "Craters of the Moon National Monument, 
Idaho, Proposed 1987 Boundary Adjustment", numbered 
131-
80,008, and dated October 1987, which map shall be on file and 
available for public inspection in the office of the National Park 
Service, Department of the Interior. 
(b) ADMINISTRATION AND ACQUISITION.—Federal lands and 
interests therein deleted from the boundary of the national monu-
ment by this section shall be administered by the Secretary of 
the Interior through the Bureau of Land Management in accordance 
with the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), and Federal lands and interests therein added 
to the national monument by this section shall be administered 
by the Secretary as part of the national monument, subject to 
the laws and regulations applicable thereto. The Secretary is 
authorized to acquire private lands and interests therein within 
the boundary of the national monument by donation, purchase 
with donated or appropriated funds, or exchange, and when 
acquired they shall be administered by the Secretary as part of 
the national monument, subject to the laws and regulations 
applicable thereto. 
SEC. 206. HAGERMAN 
FOSSIL 
'BEDS 
NATIONAL 
MONUMENT 
BOUNDARY ADJUSTMENT. 
Section 302 of the Arizona-Idaho Conservation Act of 1988 
(102 Stat. 4576) is amended by adding the following new subsection 
after subsection (c): 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4107 
"(d) To further the purposes of the monument, the Secretary 
is also authorized to acquire from willing sellers only, by donation, 
purchase with donated or appropriated funds, or exchange not 
to exceed 65 acres outside the boundary depicted on the map 
referred to in section 301 £ind develop and operate thereon research, 
information, interpretive, and administrative facilities. 
Lands 
acquired and facilities developed pursuant to this subsection shall 
by administered by the Secretsiry as part of the monument. The 
boundary of the monument shall be modified to include the lands 
added under this subsection as a non-contiguous parcel.". 
SEC. 207. ¥rUPATKI NATIONAL MONUMENT BOUNDARY ADJUSTMENT. 
16 USC 431 note. 
The boundaries of the Wupatki National Monument, Arizona, 
are hereby revised to include the lands and interests in lands 
within the area generally depicted as "Proposed Addition 168.89 
Acres" on the map entitled "Boundary—^Wupatki and Sunset Crater 
National Monuments, Arizona", numbered 322-80,021, and dated 
April 1989. The map shall be on file and available for public 
inspection in the Office of the National Park Service, Department 
of the Interior. Subject to valid existing rights. Federal lands and 
interests therein within the area added to the monument by this 
section are hereby transferred without monetary consideration or 
reimbursement to the administrative jurisdiction of the National 
Park Service, to be administered as part of the monument in 
accordsmce with the laws and regulations applicable thereto. 
SEC. 208. WALNUT 
CANYON 
NATIONAL 
MONUMENT 
BOUNDARY 
16 USC 431 note. 
MODIFICATION. 
(a) PURPOSE.—^The purpose of this section is to modify the 
boundaries of the Walnut Canyon National Monument (hereafter 
in this section referred to as the "national monument") to improve 
management of the national monument and associated resources. 
(b) BOUNDARY MODIFICATION.—Effective on the date of enact-
ment of this Act, the boundaries of the national monument shall 
be modified as depicted on the map entitled "Boundary Proposal— 
Walnut Canyon National Monument, Coconino Countv, Arizona", 
numbered 360/80,010, and dated September 1994. Such map shall 
be on file and available for public inspection in the offices of the 
Director of the National Park Service, Department of the Interior. 
The Secretary of the Interior, in consultation with the Secretary 
of Agriculture, is authorized to make technical and clerical correc-
tions to such map. 
(c) ACQUISITION AND TRANSFER OF PROPERTY.—The Secretary 
of the Interior is authorized to acquire lands and interest in lands 
within the national monument, by donation, purchase with donated 
or appropriated fiinds, or exchange. FedersJ property within the 
boundaries of the national monument (as modified by this section) 
is hereby transferred to the administrative jurisdiction of the 
Secretary of the Interior for management as part of the national 
monument. Federal property excluded from the monument pursuant 
to the boundary modification under subsection (b) is hereby trans-
ferred to the administrative jurisdiction of the Secretary of Agri-
culture to be managed as a part of the Coconino National Forest. 
(d) ADMINISTRATION.—^The Secretary of the Interior, acting 
through the Director of the National Park Service, shall manage 
the national monument in accordance with this title and the provi-
sions of law generally applicable to units of the National Park 
Service, including "An Act to establish a National Park Service, 
110 STAT. 4108 
PUBLIC LAW 104-333—NOV. 12, 1996 
and for other purposes" approved August 25, 1916 (39 Stat. 535; 
16 U.S.C. 1, 2-4). 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are hereby 
authorized to be appropriated such sums as may be necessary 
to carry out this section. 
SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEYANCE. 
(a) PURPOSE.—It is the purpose of this section to authorize 
and direct the Secretary of Agriculture to convey, without consider-
ation, certain lands in Butte County, California, to persons claiming 
to have been deprived of title to such lands. 
(b) DEFINITIONS.—^For the purpose of this section: 
(1) The term "affected lands" means those Federal lands 
located in the Plumas National Forest in Butte County, 
California, in sections 11, 12, 13, and 14, township 21 north, 
range 5 East, Mount Diablo Meridian, as described by the 
dependent resurvey by the Bureau of Land Management con-
ducted in 1992, and subsequent Forest Service land line location 
surveys, including all adjoining parcels where the property 
line as identified by the 1992 BLM dependent resurvey and 
National Forest boundary lines before such dependent resurvey 
are not coincident. 
(2) The term "claimant" means an owner of real property 
in Butte County, California, whose real property adjoins Plumas 
National Forest lands described in paragraph (1), who claims 
to have been deprived by the United States of title to property 
as a result of previous erroneous surveys. 
(3) The terms 
"Secretarsr" means 
the 
Secretary 
of 
Agriculture. 
(c) CONVEYANCE OF LANDS.—^Notwithstanding any other provi-
sion of law, the Secretary is authorized and directed to convey, 
without consideration, all right, title, and interest of the United 
States in and to affected lands as described in subsection (b)(1), 
to any claimant or claimants, upon proper application from such 
claimant or claimants, as provided in subsection (d). 
(d) NOTIFICATION.—Not later than 2 years after the date of 
enactment of this Act, claimants shall notify the Secretary, through 
the Forest Supervisor of the Plumas National Forest, in writing 
of their claim to affected lands. Such claim shall be accompanied 
b y -
(1) a description of the affected lands claimed; 
(2) information relating to the claim of ownership of such 
lands; and 
(3) such other information as the Secretary may require. 
(e) ISSUANCE OF DEED.—(1) Upon a determination by the 
SecretEiry that issuance of a deed for affected lands is consistent 
with the purpose and requirements of this section, the Secretary 
shall issue a quit claim deed to such claimant for the parcel to 
be conveyed. 
(2) Prior to the issuance of any such deed as provided in 
paragraph (1), the Secretary shall ensure that— 
(A) the parcel or parcels to be conveyed have been surveyed 
in accordance with the Memorandum of Understanding between 
the Forest Service and the Bureau of Land Management, dated 
November 11, 1989; 
(B) all new property lines established by such surveys 
have been monumented and marked; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4109 
(C) all terms and conditions necessary to protect third 
party and Grovernment Rights-of-Way or other interests are 
included in the deed. 
(3) The Federal Grovemment shall be responsible for all surveys 
and property line markings necessary to implement this subsection. 
(f) NOTIFICATION TO BLM.—^The Secretary shall submit to the 
Secretary of the Interior an authenticated copy of each deed issued 
pursuant to this section no later thsm 30 days after the date 
such deed is issued. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as necessary to carry out the purposes 
of this section. 
SEC. 210. TAOS PUEBLO LAND TRANSFER. 
16 USC 1132 
(a) TRANSFER.—^The parcel of land described in subsection (b) 
is hereby transferred without consideration to the Secretary of 
the Interior to be held in trust for the Pueblo de Taos. Such 
parcel shall be a part of the Pueblo de Taos Reservation and 
shall be managed in accordance with section 4 of the Act of May 
31, 1933 (48 Stat. 108) (as amended, including as simended by 
Public Law 91-550 (84 Stat. 1437)). 
(b) LAND DESCRIPTION.—^The parcel of land referred to in sub-
section (a) is the land that is generally depicted on the map entitled 
"Lands transferred to the Pueblo of Taos—^proposed" and dated 
September 1994, comprises 764.33 acres, and is situated within 
sections 25, 26, 35, and 36, Township 27 North, Range 14 East, 
New Mexico Principsd Meridian, within the Wheeler Peak Wilder-
ness, Carson National Forest, Taos County, New Mexico. 
(c) CONFORMING BOUNDARY ADJUSTMENTS.—^The boundaries of 
the Carson National Forest and the Wheeler Peak Wilderness are 
hereby adjusted to reflect the transfer made by subsection (a). 
(d) RESOLUTION OF OUTSTANDING CLAIMS.—The Congress finds 
and declares that, as a result of the enactment of this section, 
the Taos Pueblo has no unresolved equitable or legal claims against 
the United States on the lands to be held in trust and to become 
part of the Pueblo de Taos Reservation under this section. 
SEC. 211. COLONIAL NATIONAL HISTORICAL PARK 
16 USC 81p. 
(a) TRANSFER AND RIGHTS-OF-WAY.—The Secretary of the 
Interior (hereinafter in this section referred to as the "Secretary") 
is authorized to transfer, without reimbursement, to York County, 
Virginia, that portion of the existing sewage disposal system, includ-
ing related improvements and structures, owned by the United 
States and located within the Colonial National Historical Park, 
together with such rights-of-way as are determined by the Secretary 
to be necessary to maintain and operate such system. 
(b) REPAIR AND REHABILITATION OF SYSTEM.—^The Secretary 
is authorized to enter into a cooperative agreement with York 
County, Virginia, under which the Secretary will pay a portion, 
not to exceed $110,000, of the costs of repair and rehabilitation 
of the sewage disposal system referred to in subsection (a). 
(c) FEES AND CHARGES.—In consideration for the rights-of-way 
granted under subsection (a), and in recognition of the National 
Park Service's contribution authorized under subsection (b), the 
cooperative agreement under subsection (b) shall provide for a 
reduction in, or the elimination of, the amounts charged to the 
National Park Service for its sewage disposal. The cooperative 
agreement shall also provide for minimizing the impact of the 
110 STAT. 4110 
PUBLIC LAW 104-333—NOV. 12, 1996 
sewage disposal system on the park and its resources. Such system 
may not be enlarged or substantially altered without National 
Park Service concurrence. 
(d) INCLUSION OF LAND IN COLONIAL NATIONAL HISTORICAL 
PARK.—^Notwithstanding the provisions of the Act of June 28, 1938 
(52 Stat. 1208; 16 U.S.C. 81b et seq.), Umiting the average width 
of the Colonial Parkway, the Secretary of the Interior is authorized 
to include within the boundaries of Colonial National Historical 
Park and to acquire by donation, exchange, or purchase with 
donated or appropriated funds the lands or interests in lands (with 
or without improvements) within the areas depicted on the map 
dated August 1993, numbered 333/8003lA, and entitled "Page Land-
ing Addition to Colonial National Historical Park". Such map shall 
be on file and available for inspection in the offices of the National 
Park Service at 
Colonial National Historical 
Park 
and 
in 
Washington, District of Columbia. 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 212. CUPRUM, IDAHO RELIEF. 
(a) FINDINGS.—^The Congress finds and declares that: 
(1) In 1899, the citizens of Cuprum, Idaho, commissioned 
E.S. Hesse to conduct a survey describing these lands occupied 
by their community. The purpose of this survey was to provide 
a basis for the application for a townsite patent. 
(2) In 1909, the Cuprum Townsite patent (Number 52817) 
was granted, based on an aliquot parts description which was 
intended to circumscribe the Hesse survey. 
(3) Since the day of the patent, the Hesse survey has 
been used continuously by the community of Cuprum and by 
Adams County, Idaho, as the official townsite plat and basis 
for conveyance of title within the townsite. 
(4) Recent boundary surveys conducted by the United 
States Department of Agriculture, Forest Service, and the 
United States Department of the Interior, Bureau of Land 
Management, discovered inconsistencies between the official 
aliquot parts description of the patented Cuprum Townsite 
and the Hesse survey. Many lots along the south and east 
boundaries of the townsite are now known to extend onto 
National Forest System lands outside the townsite. 
(5) It is the determination of Congress that the original 
intent of the Cuprum Townsite application was to include all 
the lands described by the Hesse survey. 
(b) PURPOSE.—^It is the purpose of this section to amend the 
1909 Cuprum Townsite patent to include those additional lands 
described by the Hesse survey in addition to other lands necessary 
to provide an administratively acceptable boundary to the National 
Forest System. 
(c) AMENDMENT OF PATENT.—^The 1909 Cuprum Townsite 
patent is hereby amended to include parcels 1 and 2, identified 
on the plat, marked as "Township 20 North, Range 3 West, Boise 
Meridian, Idaho, Section 10: Proposed Patent Adjustment Cuprum 
Townsite, Idaho" prepared by Payette N.F.—^Land Survey Unit, 
drawn and approved by Tom Betzold, Forest Land Surveyor, on 
April 25, 1995. Such additional lands are hereby conveyed to the 
original patentee, Pitts Ellis, trustee, and Probate Judge of 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4111 
Washington County, Idaho, or any successors or assigns in interest 
in accordance with State law. "Hie Secretary of Agriculture may 
correct clerical and t3rpographical errors in such plat. 
(d) SURVEY.—^The Federal Government shall survey the Federal 
property lines and mark and post the boundaries necessary to 
implement this section. 
SEC. 213. RELINQUISHMENT OF INTEREST. 
(a) IN GENERAL.—^The United States relinquishes all right, 
title, and interest that the United States may have in land that— 
(1) was subject to a right-of-way that was granted to the 
predecessor of the Chicago and Northwestern Transportation 
Company under the Act entitled "An Act granting to railroads 
the right of way through the public lands of the United States", 
approved March 3, 1875 (42 U.S.C. 934 et seq.), which right-
of-way the Company has conveyed to the city of Douglas, 
Wyoming; and 
(2) is located within the boundaries of the city limits of 
the city of Douglas, Wyoming, or between the right-of-way 
of Interstate 25 and the city limits of the city of Douglas, 
Wyoming; 
as determined by the Secretary of the Interior in consultation 
with the appropriate officials of the city of Douglas, Wyoming. 
(b) CONVEYANCE.—As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior shall file for 
recordation in the real property records of Converse County, 
Wyoming, a deed or other appropriate form of instrument conveying 
to the city of Douglas, Wyoming, all right, title, and interest in 
the land described in subsection (a). 
(c) CONVEYANCE OF CERTAIN PROPERTY TO THE BIG HORN 
COUNTY SCHOOL DISTRICT NUMBER 1, WYOMING.—^The Secretary 
of the Interior shall convey, by quit claim deed, to the Big Horn 
County School District Number 1, Wyoming, all right, title, and 
interest of the United States in and to the following described 
lands in Big Horn County, Wyoming: Lots 19-24 of Block 22, 
all within the town of Frannie, Wyoming, in the Sy2NWV4NWy4 
and Ny2SWy4NWy4 of section 31 of T. 58N., R. 97 W., Big Horn 
County. 
SEC. 214. MODOC NATIONAL FOREST. 
(a) IN GENERAL.—^The boundary of the Modoc National Forest 
is hereby modified to include and encompass 760 acres, more or 
less, on the following described lands: Mount Diablo Meridian, 
Lassen County, California T. 38 N., R. 10 E., sec. 5, SEy4NWV4, 
Ey2SWy4; sec. 8, EV2NEV4, NEy4NWy4, NEy4SEV4, sec. 16, Wy2; 
sec. 25, Lots 13, 14 and 15 (SV2SWy4, SWV4SEy4); T. 37 N., R. 
11E., sec. 20, NWy4SEy4. 
(b) RULE FOR 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. 4601-9), the boundary of the Modoc 
National Forest, as modified by this title, shall be considered to 
the boundary of the National Forest as of January 1, 1995. 
SEC. 215. CONVEYANCE TO CITY OF SUMPTER, OREGON. 
(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture shall 
convey, without consideration, to the city of Sumpter, Oregon (in 
this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property of 
29-194 O - 96 - 10: QL 3 Part 6 
110 STAT. 4112 
PUBLIC LAW 104-333—NOV. 12, 1996 
approximately 1.43 acres consisting of all of block 8 of the REVISED 
PLAN OF SUMPTER TOWNSITE in the City, as shown in plat 
recorded March 6, 1897, in Plat Book 3, page 26; including the 
alley running through such block, vacated by Ordinance No. 1966-
3, recorded December 14, 1966, in Deed 66-50-014. 
(b) ADDITIONAL DESCRIPTION OF PROPERTY.—^The real property 
to be conveyed under subsection (a) consists of the same property 
that was deeded to the United States in the following deeds: 
(1) Warranty Deed from Sumpter Power & Water Company 
to the United States of America dated October 12, 1949, and 
recorded in Vol. 152, page 170 of Baker County records on 
December 22, 1949. 
(2) WEirranty Deed from Mrs. Alice Windle to the United 
States of America dated October 11, 1949, and recorded in 
Vol. 152, page 168 of Baker County records on December 22, 
1949. 
(3) Warranty Deed from Alice L. Windle Charles and 
James M. Charles to the United States of America and dated 
August 8, 1962, and recorded in Book 172, page 1331 on August 
27, 1962. 
(c) 
CONDITION 
OF 
CONVEYANCE.—The 
conveyance 
under 
subsection (a) shedl be subject to the condition that the City use 
the conveyed property only for public purposes, such as a city 
park, information center, or interpretive area. 
(d) RELEASE.—^Upon making the conveyance required by 
subsection (a), the United States is relieved from liability for any 
and all claims arising from the presence of materials on the 
conveyed property. 
(e) REVERSIONARY INTEREST.—If the Secretary of Agriculture 
determines that the real property conveyed under subsection (a) 
is not being used in accordance with the condition specified in 
subsection (c) or that the City has initiated proceedings to sell, 
lease, exchange, or otherwise dispose of all or a portion of the 
property, than, at the option of the Secretary, the United States 
shall have a right of reentry with regard to the property, with 
title thereto revesting in the United States. 
(f) AUTHORIZED SALE OF PROPERTY.—^Notwithstanding sub-
sections (c) and (e), the Secretary of Agriculture may authorize 
the City to dispose of the real property conveyed under subsection 
(a) if the proceeds from such disposal are at least equal to the 
fair market value of the property and are paid to the United 
States. The Secretary shall deposit amounts received under this 
subsection into the special fund in the Treasury into which funds 
are deposited pursuant to the Act of December 4, 1967 (16 U.S.C. 
484a), commonly known as the Sisk Act. The disposal of the 
conveyed property under this subsection shall be subject to such 
terms and conditions as the Secretary may prescribe. 
(g) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary of 
Agriculture 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. 
16 use 268. 
SEC. 216. CUMBERLAND GAP NATIONAL 
fflSTORICAL 
PARK. 
(a) AUTHORITY.—^Notwithstanding the Act of June 11, 1940 
(16 U.S.C. 261 et seq.), the Secretary of the Interior is authorized 
to acquire by donation, purchase with donated or appropriated 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4113 
funds, or exchange not to exceed 10 acres of land or interests 
in land, which shall consist of those necessary lands for the 
establishment of trailheads to be located at White Rocks and 
Chadwell Gap. 
(b) ADMINISTRATION.—^Lands and interests in lands acquired 
pursuant to subsection (a) shall be added to and administered 
as part of the Cumberland Gap National Historical Park. 
SEC. 217. ALPINE SCHOOL DISTRICT. 
(a) CONVEYANCE REQUIRED.—(1) The Secretary of Agriculture 
shall convey, without consideration, to the Alpine Elementary 
School District 7 of the State of Arizona (in this section referred 
to as the "School District"), all right, title and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 30 acres located 
in the Apache National Forest, Apache County, Arizona, and further 
delineated as follows: North V
2 of Northeast V
4 of Southeast VA, 
of section 14, Township 5 North, Range 30 East, Gila and Salt 
River meridian, and North V2 of South V2 of Northeast VA of South-
east V4 of such section. 
(2) The exact acreage and legal description of the real property 
to be conveyed under paragraph (1) shall be determined by a 
survey satisfactory to the Secretary. The cost of the survey shall 
be borne by the School District. 
(b) CONDITION OF CONVEYANCE.—^The conveyance made under 
subsection (a) shall be subject to the condition that the School 
District use the conveyed property for public school facilities and 
related public school recreational purposes. 
(c) RIGHT OF REENTRY.—^The United States shall retain a right 
of reentry in the property to be conveyed. If the Secretary deter-
mines that the conveyed property is not being used in accordance 
with the condition in subsection (b), the United States shall have 
the right to reenter the conveyed property without consideration. 
(d) ENCUMBRANCES.—^The conveyance made under subsection 
(a) shall be subject to all encumbrances on the property existing 
as of the date of the enactment of this Act. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) of the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 218. MERCED IRRIGATION DISTRICT LAND EXCHANGE. 
(a) CONVEYANCE.—(1) The Secretary of the Interior may convey 
the Federal lands described in subsection (d)(1) in exchange for 
the non-Federal lands described in subsection (d)(2), in accordance 
with the provisions of this Act. 
(b) APPLICABILITY OF OTHER PROVISIONS OF LAW.—^The land 
exchange required in this section shall be carried out in accordance 
with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) and in accordance with other applicable 
laws. 
(c) ACCEPTABILITY OF TITLE AND MANNER OF CONVEYANCE.— 
The Secretary of the Interior shall not carry out an exchange 
described in subsection (a) unless the title to the non-Federal lands 
to be conveyed to the United States, and the form and procedures 
of conveyance, are acceptable to the Secretary. 
(d) LANDS TO B E EXCHANGED.— 
110 STAT. 4114 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) FEDERAL LANDS TO BE EXCHANGED.—^The Federal lands 
referred to in this section to be exchanged consist of approxi-
mately 179.4 acres in Mariposa County, California as generally 
depicted on the map entitled "Merced Irrigation District 
Exchange—^Proposed, Federal Land", dated March 15, 1995, 
more particularly described as follows: 
T. 3 S., R. 15 E., MDM (Mount Diablo Meridian): 
Sec. 35, SWy4SEy4, containing approximately 40 
acres. 
T. 4 S., R. 15 E., MDM (Mount Diablo Meridian): 
Sec. 14: EV2SEV4SEy4, containing approximately 
20 acres. 
Sec. 23: NEV4SEy4, containing approximately 40 
acres. 
T. 5 S., R. 15 E., MDM (Mount Diablo Meridian): 
Sec. 2: Lot 1, containing approximately 57.9 acres. 
Sec. 3: Lots 7 thru 15, containing approximately 
21.5 acres. 
(2) NON-FEDERAL LANDS TO BE EXCHANGED.—^The non-
Federal lands referred to in this section to be exchsmged consist 
of approximately 160 acres in Mariposa County, California 
as generally depicted on the map entitled "Merced Irrigation 
District Exchange—Proposed, Non-Federal Land", dated March 
15, 1995, more particularly described as T. 4 S., R17E MDM 
(Mount Diablo Meridian): sec. 2, SEV4. 
(3) MAPS.—^The maps referred to in this subsection shall 
be on file and available for inspection in the office of the 
Director of the Bureau of Land Management. 
(4) PARTLVL REVOCATION OF WITHDRAWALS.—^The Executive 
Order of December 31, 1912, creating Powersite Reserve No. 
328, and the withdrawal of Federal lands for Power Project 
No. 2179, filed February 21, 1963, in accordance with section 
24 of the Federal Power Act are hereby revoked insofar as 
they affect the Federal lands described in paragraph (1). Any 
patent issued on such Federal lands shall not be subject to 
section 24 of said Act. 
Father AuU Site 
SEC. 219. FATHER AULL SITE TRANSFER. 
1996 
(a) SHORT TITLE.—^This section may be cited as the "Father 
AuU Site Transfer Act of 1996". 
(b) CONVEYANCE OF PROPERTY.—Subject to valid existing rights, 
all right, title £ind interest of the United States in and to the 
land (including improvements on the Ismd), consisting of approxi-
mately 43.06 acres, located approximately 10 miles east of Silver 
City, New Mexico, and described as follows: T. 17 S., R. 12 W., 
Section 30: Lot 13, and Section 31: Lot 27 (as generally depicted 
on the map dated July 1995) is hereby conveyed by operation 
of law to St. Vincent DePaul Parish in Silver City, New Mexico, 
without consideration. 
(c) RELEASE.—^Upon the conveyance of any land or interest 
in land identified in this section to St. Vincent DePaul Parish, 
St. Vincent DePaul Parish shall assume any liability for any claim 
relating to the land or interest in the land arising after the date 
of the conveyance. 
(d) MAP.—^The map referred to in this section shall be on 
file and available for public inspection in— 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4115 
(1) the State of New Mexico Office of the Bureau of Land 
Management, Santa Fe, New Mexico; and 
(2) the Las Cruces District Office of the Bureau of Land 
Management, Las Cruces, New Mexico. 
SEC. 220. COASTAL BARRIER RESOURCES SYSTEM. 
16 USC 3503 
(a) IN GENERAL.—^The Secretary of the Interior shall, before 
the end of the 30-day period beginning on the date of the enactment 
of this Act, mgike such corrections to the maps described in sub-
section (b) as are necessary to ensure that depictions of areas 
on those maps are consistent with the depictions of Eireas appearing 
on the maps entitled "Amendments to Coastal Barrier Resources 
System", dated November 1, 1995, and June 1, 1996, and on file 
with the Secretary. 
(b) MAPS DESCRIBED.—The maps described in this subsection 
are maps that— 
(1) are included in a set of maps entitled "Coastsd Barrier 
Resources System", dated October 24, 1990; and 
(2) relate to the following units of the Coastal Barrier 
Resources System: P05, P05A, PIO, P l l , PllA, P18, P25, P32, 
and P32P. 
SEC. 221. CONVEYANCE TO DEL NORTE COUNTY UNIFIED SCHOOL 
DISTRICT. 
(a) CONVEYANCE.—As soon as practicable after the date of 
the enactment of this Act, the Secretary of Agriculture shall convey 
to the Del Norte County Unified School District of Del Norte County, 
California, in accordance with this section, all right, title, and 
interest of the United States in and to the property described 
in subsection (b). 
(b) 
PROPERTY DESCRIPTION.—^The property referred to in 
subsection (a) is that portion of Township 17 North, Range 2 East, 
Humboldt Meridian in Del Norte County, California, which is fur-
ther described as follows: 
Beginning at Angle Point No. 3 of Tract 41 as resurveyed 
by the Bureau of Land Management under survey Group No. 
1013, approved August 13, 1990, and shown on the official 
plat thereof; 
thence on the line between Angle Points No. 3 and No. 
4 of Tract 41, North 89 degrees, 24 minutes, 20 seconds East, 
a distance of 345.44 feet to Angle Point No. 4 of Tract 41; 
thence on the line between Angle Points No. 4 and No. 
5 of Tract 41, South 00 degrees, 01 minutes, 20 seconds East, 
a distance of 517.15 feet; 
thence West, a distance of 135.79 feet; 
thence North 88 degrees, 23 minutes, 01 second West, 
a distEince of 61.00 feet; 
thence North 39 degrees, 58 minutes, 18 seconds West, 
a distance of 231.37 feet to the East line of Section 21, Township 
17 North, Range 2 East; 
thence along the East line of Section 21, North 00 degrees, 
02 minutes, 20 seconds West, a distance of 334.53 feet to 
the point of beginning. 
(c) CONSIDERATION.—^The conveyance provided for in subsection 
(a) shall be without consideration except as required by this section. 
(d) CONDITIONS OF CONVEYANCE.—^The conveyance provided for 
in subsection (a) shall be subject to the following conditions: 
110 STAT. 4116 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) Del Norte County shall be provided, for no consideration, 
an easement for County Road No. 318 which crosses the North-
east comer of the property conveyed. 
(2) The Pacific Power and Light Company shall be provided, 
for no consideration, an easement for utility equipment as 
necessary to maintain the level of service provided by the 
utility equipment on the property as of the date of the convey-
ance. 
(3) The United States shall be provided, for no consider-
ation, an easement to provide access to the United States 
property that is south of the property conveyed. 
(e) LIMITATIONS ON CONVEYANCE.—^The conveyance authorized 
by subsection (a) is subject to the following limitations: 
(1) ENCUMBRANCES.—Such conveyance shall be subject to 
all encumbrances on the land existing as of the date of enact-
ment of this Act. 
(2) RE-ENTRY RIGHT.—^The United States shall retain a 
right of re-entry in the land described for conveyance in 
subsection (b). If the Secretary determines that the conveyed 
property is not being used for public educational or related 
recreational purposes, the United States shall have a right 
to re-enter the property conveyed therein without consideration. 
(f) ADDITIONAL TERMS AND CONDITIONS.—^The conveyance pro-
vided for in subsection (a) shall be subject to such additional terms 
and conditions as the Secretary of Agriculture and the Del Norte 
County Unified School District agree are necessary to protect the 
interests of the United States. 
TITLE III—EXCHANGES 
SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE. 
(a) CONVEYANCE.—^Notwithstanding the requirements in the 
Act entitled "An Act to Consolidate National Forest Lands", 
approved March 20, 1922 (16 U.S.C. 485), and section 206(b) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716(b)) that Federal and non-Federal lands exchanged for each 
other must be located within the same State, the Secretary of 
Agriculture may convey the Federal leinds described in subsection 
(d) in exchange for the non-Federal lands described in subsection 
(e) in accordance with the provisions of this section. 
(b) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Except as 
otherwise provided in this section, the land exchange authorized 
by this section shall be made under the existing authorities of 
the Secretary. 
(c) ACCEPTABILITY OF TITLE AND MANNER OF CONVEYANCE.— 
The Secretary shall not carry out the exchange described in sub-
section (a) unless the title to the non-Federal lands to be conveyed 
to the United States, and the form and procedures of conveyance, 
are acceptable to the Secretary. 
(d) FEDERAL LANDS.—^The Federal lands referred to in this 
section are located in the Targhee National Forest in Idaho, are 
generally depicted on the map entitled "Targhee Exchange, Idaho-
Wyoming—^Proposed, Federal Land", dated September 1994, and 
Eire known as the North Fork Tract. 
(e) NON-FEDERAL LANDS.—^The non-Federal lands referred to 
in this section are located in the Targhee National Forest in 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4117 
Wyoming, are generally depicted on the map entitled "Non-Federal 
land, 
Targhee 
Exchange, 
Idaho-Wyoming—^Proposed", 
dated 
September 1994, and ^re known as the Squirrel Meadows Tract. 
(f) MAPS.—^The maps referred to in subsections (d) and (e) 
shall be on file and available for inspection in the office of the 
Targhee National Forest in Idaho and in the office of the Chief 
of the Forest Service. 
(g) EQUALIZATION OF VALUES.—Prior to the exchange authorized 
by this section, the values of the Federal and non-Federal lands 
to be so exchanged shall be established by appraisals of fair market 
value that shall be subject to approval by the Secretary. The values 
either shall be equal or shall be equalized using the following 
methods: 
(1) ADJUSTMENT OF LANDS.— 
(A) PORTION OF FEDERAL LANDS.—If the Federal lands 
are greater in value than the non-Federal lands, the 
Secretary shall reduce the acreage of the Federal lands 
until the values of the Federal lands closely approximate 
the values of the non-Federal lands. 
(B) 
ADDITIONAL FEDERALLY OWNED LANDS.—If 
the 
non-Federal lands are greater in value than the Federal 
lands, the Secretary may convey additional federally owned 
lands within the Targhee National Forest up to an amount 
necessary to equalize the values of the non-Federal lands 
and the lands to be transferred out of Federal ownership. 
However, such additional federally owned lands shall be 
limited to those meeting the criteria for land exchanges 
specified in the Targhee National Forest Land and Resource 
Management Plan. 
(2) PAYMENT OF MONEY.—^The values may be equalized 
by the payment of money as provided in section 206(b) of 
the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716 (b)). 
(h) DEFINITIONS.—For purposes of this section: 
(1) The term "Federal lands" means the Federal lands 
described in subsection (d). 
(2) The term "non-Federal lands" means the non-Federal 
lands described in subsection (e). 
(3) The 
term 
"Secretary" 
means 
the 
Secretary 
of 
Agriculture. 
SEC. 302. ANAKTUVUK PASS LAND EXCHANGE. 
16USC410hh 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The Alaska National Interest Lands Conservation Act 
(94 Stat. 2371), enacted on December 2, 1980, estabhshed Gates 
of the Arctic National Park and Preserve and Gates of the 
Arctic Wilderness. The Village of Anaktuvuk Pass, located in 
the highlands of the central Brooks Range is virtually sur-
rounded by these nationgJ park and wilderness lands and is 
the only Native village located within the boundary of a 
National Park System unit in Alaska. 
(2) Unlike most other Alaskan Native communities, the 
village of Anaktuvuk Pass is not located on a major river, 
lake, or coastline that can be used as a means of access. 
The residents of Anaktuvuk pass have relied increasingly on 
snow machines in winter and all-terrain vehicles in summer 
110 STAT. 4118 
PUBLIC LAW 104-333—NOV. 12, 1996 
as their primary means of access to pursue caribou and other 
subsistence resources. 
(3) In a 1983 land exchange agreement, Unear easements 
were reserved by the Inupiat Eslamo people for use of all-
terrain vehicles across certain national park lands, mostly along 
stream and river banks. These linear easements proved unsatis-
factory, because they provided inadequate access to subsistence 
resources while causing excessive environmental impact from 
concentrated use. 
(4) The National Park Service and the Nunamiut Corpora-
tion initiated discussions in 1985 to address concerns over 
the use of all-terrain vehicles on park and wilderness land. 
These discussions resulted in an agreement, originally executed 
in 1992 and thereafter amended in 1993 and 1994, among 
the National Park Service, Nunamiut Corporation, the City 
of Anaktuvuk Pass, and Arctic Slope Regional Corporation. 
Full effectuation of this agreement, as amended, by its terms 
requires ratification by the Congress. 
(b) RATIFICATION OF AGREEMENT.— 
(1) RATIFICATION.— 
(A) IN GENERAL.—The terms, conditions, procedures, 
covenants, reservations, and other provisions set forth in 
the document entitled "Donation, Exchsinge of Lands and 
Interests in Lands and Wilderness Redesignation Agree-
ment Among Arctic Slope Regional Corporation, Nunamiut 
Corporation, City of Anaktuvuk Pass and the United States 
of America" (hereinafter referred to in this section as "the 
Agreement"), executed by the parties on December 17,1992, 
as amended, are hereby incorporated in this title, are rati-
fied £ind confirmed, and set forth the obligations and 
commitments of the United States, Arctic Slope Regional 
Corporation, Nunamiut Corporation and the City of 
Anaktuvuk Pass, as a matter of Federal law, 
(B) LAND ACQUISITION.—Lands acquired by the United 
States pursuant to the Agreement shall be administered 
by the Secretary of the Interior (hereinafter referred to 
as the "Secretary") as part of Gates of the Arctic National 
Park £ind Preserve, subject to the laws and regulations 
applicable thereto. 
(2) MAPS.—The maps set forth as Exhibits CI, C2, and 
D through I to the Agreement depict the lands subject to 
the conveyances, retention of surface access rights, access ease-
ments and all-terrain vehicle easements. These Isinds are 
depicted in greater detail on a map entitled "Land Exchange 
Actions, Proposed Anaktuvuk Pass Land Exchange and Wilder-
ness Redesignation, Gates of the Arctic National Park and 
Preserve", Map No. 185/80,039, dated April 1994, and on file 
at the Alaska Regional Office of the National Park Service 
and the offices of Gates of the Arctic National Park and Pre-
serve in Fairbanks, Alaska. Written legal descriptions of these 
lands shall be prepared and made available in the above offices. 
In case of any discrepancies. Map No. 185/80,039 shall be 
controlling. 
(c) NATIONAL PARK SYSTEM WILDERNESS.— 
(1) GATES OF THE ARCTIC WILDERNESS.— 
(A) REDESIGNATION.—Section 701(2) of the Alaska 
National Interest Lands Conservation Act (94 Stat. 2371, 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4119 
2417) establishing the Gates of the Arctic Wilderness is 
16 USC 1132 
hereby amended with the addition of approximately 56,825 ^°^-
acres of wilderness and the rescission of approximately 
73,993 acres as wilderness, thus revising the Gates of 
the Arctic Wilderness to approximately 7,034,832 acres. 
(B) MAP.—^The lands redesignated by subparagraph 
(A) are depicted on a map entitled "Wilderness Actions, 
Proposed Aaaktuvuk Pass Land Exchange and Wilderness 
Redesignation, Gates of the Arctic National Park and Pre-
serve", Map No. 185/80,040, dated April 1994, and on file 
at the Alaska Regional Office of the National Park Service 
and the office of Gates of the Arctic National Park and 
Preserve in Fairbanks, Alaska. 
(2) NOATAK NATIONAL PRESERVE.—Section 201(8)(a) of the 
Alaska National Interest Land Conservation Act (94 Stat. 2380) 
16 USC 4iohh. 
is amended by— 
(A) striking "approximately six miUion four hundred 
and sixty thousand acres" and inserting in lieu thereof 
"approximately 6,477,168 acres"; and 
(B) inserting "£ind the map entitled *Noat£ik National 
Preserve and Noatsik Wilderness Addition' dated September 
1994" after "July 1980". 
(3) NOATAK WILDERNESS.—Section 701(7) of the Alaska 
National Interest Lands Conservation Act (94 Stat. 2417) is 16 USC 1132 
amended by striking "approximately five million eight hundred 
^°^-
thousand acres" and inserting in lieu thereof "approximately 
5,817,168 acres". 
(d) CONFORMANCE WITH OTHER LAW.— 
(1) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All of 
the 
lands, or interests therein, conveyed to and received by Arctic 
Slope Regional Corporation or Nimamiut Corporation piirsuant 
to the Agreement shall be deemed conveyed and received pursu-
ant to exchanges imder section 22(f) of the Alaska Native 
Claims Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). 
All of the lands or interests in lands conveyed pursuant to 
the Agreement shaU be conveyed subject to vaUd existing rights. 
(2) 
ALASKA NATIONAL INTEREST 
LANDS CONSERVATION 
ACT.—Except to the extent specifically set forth in this section 
or the Agreement, nothing in this section or in the Agreement 
shall be construed to enlarge or diminish the rights, privileges, 
or obligations of any person, including specifically the pref-
erence for subsistence uses and access to subsistence resources 
provided \inder the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3101 et seq.). 
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDATION. 
(a) DEFINITIONS.—^As used in this section: 
(1) AGENCY.—^The term agency— 
(A) means any instrumentaUty of the United States, 
and any Government corporation (as defined in section 
9101(1) of title 31, United States Code); and 
(B) includes any element of an agency. 
(2) ALASKA NATIVE CORPORATION.—The Term "Alaska 
Native Corporation" has the same meaning as is provided for 
"Native Corporation" in section 3(m) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602(m)). 
110 STAT. 4120 
PUBLIC LAW 104-333—NOV. 12, 1996 
(3) FEDERAL LANDS OR INTEREST THEREiN.^The term 
"Federal lands or interests therein" means any lands or prop-
erties owned by the United States (A) which are administered 
by the Secretary, or (B) which are subject to a lease to third 
parties, or (C) which have been made available to the Secretary 
for exchange under this section through the concurrence of 
the director of the agency administering such lands or prop-
erties: Provided however, That excluded from such lands shall 
be those lands which are within an existing conservation system 
unit as defined in section 102(4) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3102(4)), and those lands 
the mineral interest for which are currently under mineral 
lease. 
(4) KONL^G.—^The term "Koniag" means Koniag, Incor-
porated, which is a regional Corporation. 
(5) REGIONAL CORPORATiON.^The term "Regional Corpora-
tion" has the SEime meaning as is provided in section 3(g) 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)). 
(6) SECRETARY.—^Except as otherwise provided, the term 
"Secretary" means the Secretary of the Interior. 
(7) SELECTION RIGHTS.—^The term "selection rights" means 
those rights granted to Koniag, and confirmed as valid selec-
tions (within Koniag's entitlement) pursuant to subsections (a) 
and (b) of section 12, and section 14(h)(8), of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to 
receive title to the oil and gas rights and other interests in 
the subsurface estate of the approximately 275,000 acres of 
public lands in the State of Alaska identified as "Koniag Selec-
tions" on the map entitled "Koniag Interest Lands, Alaska 
Peninsula", dated May 1989. 
(b) VALUATION OF KONIAG SELECTION RIGHTS.— 
(1) IN GENERAL.—Pursuant to paragraph (2) of this 
subsection, the Secretary shall value the Selection Rights which 
Koniag possesses within the boundaries of Aniakchak National 
Monument and Preserve, Alaska Peninsula National Wildlife 
Refuge, and Becharof National Wildlife Refuge. 
(2) VALUE.— 
(A) IN GENERAL.—^The value of the selection rights 
shall be equal to the fair market value of— 
(i) the oil and gas interests in the lands or interests 
in lands that are the subject of the selection rights; 
and 
(ii) in the case of the lands or interests in lands 
for which Koniag is to receive the entire subsurface 
estate, the subsurface estate of the lands or interests 
in lands that are the subject of the selection rights. 
(B) APPRAISAL.— 
(i) SELECTION OF APPRAISER.— 
(I) IN GENERAL.—Not later than 90 days after 
the date of enactment of this section the Secretary 
and Koniag shall meet to select a qualified 
appraiser to conduct an appraisal of the selection 
rights. Subject to subclause (II), the appraiser shsill 
be selected by the mutual agreement of the 
Secretary and Koniag. 
(II) FAILURE TO AGREE.—^If the Secretary and 
Koniag fail to agree on an appraiser by the date 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4121 
that is 60 days after the date of the initial meeting 
referred to in subclause (I), the Secretary and 
Koniag shall, by the date that is not later than 
90 days after the date of the initial meeting, each 
designate an appraiser who is qualified to perform 
the appraisal. The 2 appraisers so identified shall 
select a third qualified appraiser who shall perform 
the appraisal. 
(ii) STANDARDS AND METHODOLOGY.—The appraisal 
shall be conducted in conformity with the standards 
of the Appraisal Foundation (as defined in section 
1121(9) of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989 (12 U.S.C. 3350(9)). 
(iii) SUBMISSION OF APPRAISAL REPORT.—^Not later 
than 180 days after the selection of an appraiser pursu-
ant to clause (i), the appraiser shall submit to the 
Secretary and to Koniag a written appraisal report 
specifying the value of the selection rights and the 
methodology used to arrive at the value. 
(C) DETERMINATION OF VALUE.— 
(i) DETERMINATION BY THE SECRETARY.—^Not later 
than 60 days after the date of the receipt of the 
appraisal report under subparagraph (B)(iii), the 
Secretary shall determine the value of the selection 
rights and shedl notify Koniag of the determination, 
(ii) ALTERNATIVE DETERMINATION OF VALUE.— 
(I) IN GENERAL.—Subject to subclause (II), if 
Koniag does not agree with the value determined 
by the Secretary under clause (i), the procedures 
specified in section 206(d) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1716(d)) shall be used to establish the value. 
(II) AVERAGE VALUE LIMITATION.—^The average 
value per acre of the selection rights shall not 
be less than the value utilizing the risk adjusted 
discount cash flow methodology, but in no event 
/ 
may exceed $300. 
(c) KONIAG ACCOUNT.— 
(1) IN GENERAL.—(A) The Secretary shall enter into negotia-
tions for an agreement or agreements to exchange Federal 
lands or interests therein which are in the State of Alaska 
for the Selection Rights. 
(B) If the value of the Federal property to be exchanged 
is less than the value of the Selection Rights established in 
subsection (b), and if such Federal property to be exchanged 
is not generating receipts to the Federal Grovemment in excess 
of $1,000,000 per year, then the Secretary may exchange the 
Federal property for that portion of the Selection Rights having 
a value equal to that of the Federal property. The remaining 
selection rights shall remain available for additional exchanges. 
(C) For the purposes of any exchange to be consummated 
under this section, if less than all the selection rights are 
being exchanged, then the value of the selection rights being 
exchanged shall be equal to the number of acres of selection 
rights being exchanged multiplied by a fraction, the numerator 
of which is the value of all the selection rights as determined 
110 STAT. 4122 
PUBLIC LAW 104-333—NOV. 12, 1996 
pursuEint to subsection (b) hereof and the denominator of which 
is the total number of acres of selection rights. 
(2) ADDITIONAL EXCHANGES.—^If, after 10 years from the 
date of the enactment of this section, the Secretary was unable 
to conclude such exchanges as may be required to acquire 
all of the selection rights, he shall conclude exchanges for 
the remaining selection rights for such Federal property as 
may be identified by Koniag, which property is available for 
transfer to the administrative jurisdiction of the Secretary 
under any provision of law and which property, at the time 
of the proposed transfer to Koniag is not generating receipts 
of the Federal Grovemment in excess of $1,000,000 per year. 
The Secretary shall keep Koniag advised in a timely manner 
as to which properties may be available for such transfer. 
Upon receipt of such identification by Koniag, the Secretary 
shall request in a timely manner the transfer of such identified 
property to the administrative jurisdiction of the Department 
of the Interior. Such property shall not be subject to the 
geographic limitations of section 206(b) of the Federal Land 
Policy and Msmagement Act and may be retained by the 
Secretary solely for purposes of transferring it to Koniag to 
complete the exchange. Should the value of the property so 
identified by Koniag be in excess of the value of the remaining 
selection rights, then Koniag shall have the option of (A) declin-
ing to proceed with the exchange and identifying other property, 
or (B) paying the difference in value between the property 
rights. 
(3) REVENUES.—Any property received by Koniag in an 
exchange entered into pursuant to paragraph (1) or (2) shall 
be deemed to be an interest in the subsurface for purposes 
of section 7(i) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 16()1 et seq.): Provided however, That should Koniag 
make a payment to equalize the value in any such exchange, 
then Koniag will be deemed to hold an undivided interest 
in the property equal in value to such payment which interest 
shall not be subject to the provisions of section 7(i) of that 
Act. 
(d) 
AUTHORITY 
TO 
APPOINT 
AND 
REMOVE 
TRUSTEE.—In 
establishing a Settlement Trust under section 39 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1629c), Koniag may dele-
gate, in whole or in part, the authority granted to Koniag under 
subsection (b)(2) of such section to any entity that Koniag may 
select without affecting the status of the trust as a Settlement 
Trust under such section. 
SEC. 
3
0
4
. 
SNOWBASm 
LAND 
EXCHANGE ACT. 
(a) PURPOSE AND INTENT.—^The purpose of this section is to 
authorize and direct the Secretary to exchange 1,320 acres of feder-
ally-owned land within the Cache National Forest in the State 
of Utah for lands approximately equal value owned by the Sun 
Valley Company. It is the intent of Congress that this exchange 
be completed without delay within the period specified by subsection 
(d). 
(b) DEFINITIONS.—As used in this section: 
(1) The term "Sun Valley Company" means the Sun Valley 
Company, a division of Sinclair Oil Corporation, a Wyoming 
Corporation, or its successors or assigns. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4123 
(2) The 
term 
"Secretary 
means 
the 
Secretary 
of 
Agriculture, 
(c) EXCHANGE.— 
(1) FEDERAL SELECTED LANDS.—(A) Not later than 45 days 
after the final determination of value of the Federal selected 
lands, the Secretary shall, subject to this section, transfer all 
right, title, and interest of the United States in and to the 
lEinds referred to in subparagraph (B) to the Sun Valley 
Company. 
(B) The lands referred to in subparagraph (A) are certain 
lands within the Cache National Forest in the State of Utah 
comprising 1,320 acres, more or less, as generally depicted 
on the map entitled "Snowbasin Land Exchange—^Proposed" 
and dated October 1995. 
(2) NON-FEDERAL OFFERED LANDS.^Upon transfer of the 
Federal selected lands under paragraph (1), and in exchange 
for those lands, the Sun Valley Company shall simultaneously 
convey to the Secretary all right, title and interest of the 
Sun Valley Company in and to so much of the following offered 
lands which have been previously identified by the United 
States Forest Service as desirable by the United States, or 
which are identified pursuant to subparagraph (E) prior to 
the transfer of lands under paragraph (1), as are of approximate 
equal value to the Federal selected lands: 
(A) Certain lands located within the exterior bound-
aries of the Cache Nationed Forest in Weber County, Utah, 
which comprise approximately 640 acres and are generally 
depicted on a map entitled "Lightning Ridge Offered 
Lands", dated October 1995. 
(B) Certain lands located within the Cache National 
Forest in Weber County, Utah, which comprise approxi-
mately 635 acres and are generally depicted on a map 
entitled "Wheeler Creek Watershed Offered Lands—Section 
2" dated October 1995. 
(C) Certain lands located within the exterior bound-
aries of the Cache National Forest in Weber County, Utah, 
and lying immediately adjacent to the outskirts of the 
City of Ogden, Utah, which comprise approximately 800 
acres and are generally depicted on a map entitled "Taylor 
Canyon Offered Lands", dated October 1995. 
(D) 
Certain 
lands 
located 
within 
the 
exterior 
boundaries of the Cache National Forest in Weber County, 
Utah, which comprise approximately 2,040 acres and are 
generally depicted on a map entitled "North Fork Ogden 
River—Devil's Gate Valley", dated October 1995. 
(E) Such additional offered lands in the State of Utah 
as may be necessary to make the values of the lands 
exchanged pursuant to this section approximately equal, 
and which are acceptable to the Secretary. 
(3) SUBSTITUTION OF OFFERED LANDS.—If one or more of 
the precise offered land parcels identified in subparagraphs 
(A) through (D) of paragraph (2) is unable to be conveyed 
to the United States due to appraisal or other reasons, or 
if the Secretary and the Sun Valley Company mutually agree 
and the Secretary determines that an alternative offered land 
package would better serve long-term public needs and objec-
tives, the Sun Valley Company may simultaneously convey 
110 STAT. 4124 
PUBLIC LAW 104-333—NOV. 12, 1996 
to the United States alternative offered lands in the State 
of Utah acceptable to the Secretary in lieu of any or all of 
the lands identified in subparagraphs (A) through (D) of 
paragraph (2). 
(4) VALUATION AND APPRAISALS.—(A) Values of the lands 
to be exchanged pursuant to this section shall be equal as 
determined by the Secretary utilizing nationally recognized 
appraisal standards and in accordance with section 206 of 
the Federsd Land Policy and Management Act of 1976. The 
appraisal reports shall be written to Federal standards as 
defined in the Uniform Appraisal Standards for Federal Land 
Acquisitions. If, due to size, location, or use of lands exchanged 
under this section, the values are not exactly equal, they shall 
be equalized by the payment of cash equalization money to 
the Secretary or the Sun Valley Company as appropriate in 
accordance with section 206(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(b)). In order to expe-
dite the consummation of the exchange directed by this section, 
the Sun Vsilley Company shall arrange and pay for appraisals 
of the offered and selected lands by a qualified appraiser with 
experience in appraising similar properties and who is mutually 
acceptable to the Sun Valley Company and the Secretary. The 
appraisal of the Federal selected lands shall be completed and 
submitted to the Secretary for technical review and approval 
no later than 120 days after the date of enactment of this 
Act, and the Secretary shall make a determination of value 
not later than 30 days after receipt of the appraisal. In the 
event the Secretary and the Sun Valley Company are unable 
to agree to the appraised value of a certain tract or tracts 
of land, the appraisal, appraisals, or appraisal issues in dispute 
and a final determination of VEilue shall be resolved through 
a process of bargaining or submission to arbitration in accord-
ance with section 206(d) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(d)). 
(B) In order to expedite the appraisal of the Federal 
selected lands, such appraisal shall— 
(i) value the land in its unimproved state, as a single 
entity for its highest and best use as if in private ownership 
and as of the date of enactment of this Act; 
(ii) consider the Federal lands as an independent prop-
erty as though in the private marketplace and suitable 
for development to its highest and best use; 
(iii) consider in the appraisal any encumbrance on 
the title anticipated to be in the conveyance to Sun Valley 
^ 
Company and reflect its effect on the fair market value 
of the property; and 
(iv) not reflect any enhancement in value to the Federal 
selected lands based on the existence of private lands 
owned by the Sun Valley Company in the vicinity of the 
Snowbasin Ski Resort, and shall assume that private lands 
owned by the Sun Valley Company are not available for 
use in conjunction with the Federal selected lands, 
(d) GENERAL PROVISIONS RELATING TO THE EXCHANGE.— 
(1) IN GENERAL.—^The exchange authorized by this section 
shall be subject to the following terms and conditions: 
(A) RESERVED RIGHTS-OF-WAY.—^In any deed issued 
pursu£int to subsection (c)(1), the Secretary shall reserve 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4125 
in the United States a right of reasonable access across 
the conveyed property for pubHc access and for administra-
tive purposes of the United States necessary to manage 
adjacent federally-owned lands. The terms of such reserva-
tion shall be prescribed by the Secretary within 30 days 
after the date of the enactment of this Act. 
(B) RIGHT OF RESCISSION.—^This section shall not be 
binding on either the United States or the Sun Valley 
Company if, within 30 days after the final determination 
of value of the Federal selected lands, the Sun Valley 
Company submits to the Secretary a duly authorized and 
executed resolution of the Company stating its intention 
not to enter into the exchsmge authorized by this section. 
(2) WITHDRAWAL.—Subject to valid existing rights, effective 
on the date of enactment of this Act, the Federal selected 
lands described in subsection (c)(1) and all National Forest 
System lands currently under special use permit to the Sun 
Valley Company at the Snowbasin Ski Resort are hereby with-
drawn from all forms of appropriation under the public land 
laws (including the mining laws) and from disposition under 
all laws pertaining to mineral and geothermal leasing. 
(3) DEED.—^The conveyance of the offered lands to the 
United States under this section shall be by general warranty 
or other deed acceptable to the Secretary and in conformity 
with applicable title standards of the Attorney General of the 
United States. 
(4) STATUS OF LANDS.—^Upon acceptance of title by the 
Secretary, the land conveyed to the United States pursuant 
to this section shall become part of the Wasatch or Cache 
National Forests as appropriate, and the boundaries of such 
National Forests shall be adjusted to encompass such lands. 
Once conveyed, such lands shall be managed in accordance 
with the Act of March 1, 1911, as amended (commonly known 
as the "Weeks Act"), and in accordance with the other laws, 
rules and regulations applicable to National Forest System 
lands. This paragraph does not limit the Secretary's authority 
to adjust the boundaries pursuEint to section 11 of the Act 
of March 1, 1911 ("Weeks Act"). For the purposes of section 
7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-9), the boundaries of the Wasatch and Cache 
National Forests, as adjusted by this section, shall be consid-
ered to be boundaries of the forests as of January 1, 1965. 
(e) PHASE FACILITY CONSTRUCTION AND OPERATION.— 
(1) PHASE 
I FACILITY FINDING AND REVIEW.—(A) The 
Congress has reviewed the Snowbasin Ski Area Master Devel-
opment Plan dated October 1995 (hereafter in this subsection 
referred to as the "Master Plan"). On the basis of such review, 
and review of previously completed environmental and other 
resource studies for the Snowbasin Ski Area, Congress hereby 
finds that the "Phase I" facilities referred to in the Master 
Plan to be located on National Forest System land after con-
summation of the land exchange directed by this section are 
limited in size and scope, are reasonable £Uid necessary to 
accommodate the 2002 Olympics, and in some cases are 
required to provide for the safety of skiing competitors and 
spectators. 
110 STAT. 4126 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) Within 60 days after the date of enactment of this 
Act, the Secretary and the Sun Valley Company shall review 
the Master Plan insofar as such plan pertains to Phase I 
facilities which are to be constructed and operated wholly or 
partially on National Forest System lands retained by the 
Secretary after consummation of the land exchange directed 
by this section. The Secretary may modify such Phase I facilities 
upon mutual agreement with the Sun Valley Company or by 
imposing 
conditions 
pursuant to paragraph 
(2) of this 
subsection. 
(C) Within 90 days after the date of enactment of this 
Act, the Secretary shall submit the reviewed Master Plan on 
the Phase I facilities, including any modifications made thereto 
pursuant to subparagraph (B), to the Committee on Energy 
and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of 
Representatives for a 30-day review period. At the end of the 
30-day period, unless otherwise directed by Act of Congress, 
the Secretary may issue all necessary authorizations for 
construction and operation of such facilities or modifications 
thereof in accordgince with the procedures and provisions of 
paragraph (2) of this subsection. 
(2) 
PHASE 
I 
FACILITY 
APPROVAL, 
CONDITIONS, AND 
TIMETABLE.—^Within 120 days of receipt of an application by 
the Sun Valley Company to authorize construction and oper-
ation of any particular Phase I facility, facilities, or group 
of facilities, the Secretary, in consultation with the Sun Valley 
Company, shall authorize construction and operation of such 
facility, facilities, or group of facilities, subject to the general 
policies of the Forest Service pertaining to the construction 
and operation of ski area facilities on National Forest System 
lands and subject to reasonable conditions to protect National 
Forest 
System 
resources. In providing 
authorization to 
construct and operate a facility, facilities, or group of facilities, 
the Secretary may not impose Einy condition that would signifi-
cantly change the location, size, or scope of the applied for 
Phase I facility unless— 
(A) the modification is mutually agreed to by the 
Secretary and the Sun Valley Company; or 
(B) the modification is necessary to protect health and 
safety. 
Nothing in this subsection shall be construed to affect the 
Secretary's responsibility to monitor and assure compliance 
with the conditions set forth in the construction and operation 
authorization. 
(3) 
CONGRESSIONAL DIRECTIONS.—^Notwithstanding 
any 
other provision of law. Congress finds that consummation of 
the land exchange directed by this section and all determina-
tions, authorizations, and actions taken by the Secretary pursu-
ant to this section pertaining to Phase I facilities on National 
Forest System lands, or any modifications thereof, to be non-
discretionary actions authorized and directed by Congress and 
hence to comply with all procedural and other requirements 
of the laws of the United States. Such determinations, 
authorizations, and actions shall not be subject to administra-
tive or judicial review. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4127 
(f) No PRECEDENT.—^Nothing in subsection (c)(4)(B) of this 
section relating to conditions or limitations on the appraisal of 
the Federal lands, or any provision of subsection (e), relating to 
the approval by the Congress or the Forest Service of facilities 
on National Forest System lands, shall be construed as a precedent 
for subsequent legislation. 
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE. 
(a) FINDINGS.—Congress finds that: 
(1) The Weyerhaeuser Company has offered to the United 
States Government 
an exchange of lands under 
which 
Weyerhaeuser would receive approximately 48,000 acres of 
Federal land in Arkansas and Oklahoma and all mineral 
interests and oil and gas interests pertaining to these 
exchanged lands in which the United States Government has 
an interest in return for conveying to the United States lands 
owned by Weyerhaeuser consisting of approximately 181,000 
acres of forested wetlands and other forest land of public 
interest in Arkansas and Oklahoma and all mineral interests 
and all oil and gas interests pertaining to 48,000 acres of 
these 181,000 acres of exchanged lands in which Weyerhaeuser 
has an interest, consisting of— 
(A) certain lands in Arkansas (Arkansas Ouachita 
lands) located near Poteau Mountain, Caney Creek Wilder-
ness, Lake Ouachita, Little Missouri Wild and Scenic River, 
Flatside Wilderness and the Ouachita National Forest; 
(B) certain lands in Oklahoma (Oklahoma lands) 
located near the McCurtain County Wilderness, the Broken 
Bow Reservoir, the Glover River, and the Ouachita 
National Forest; and 
(C) certain lands in Arkansas (Arkansas Cossatot 
lands) located on the Little and Cossatot Rivers and identi-
fied as the "Pond Creek Bottoms" in the Lower Mississippi 
River Delta section of the North American Waterfowl 
Management Plan; 
(2) acquisition of the Arkansas Cossatot lands by the United 
States will remove the lands in the heart of a critical wetland 
ecosystem 
from 
sustained 
timber 
production 
and 
other 
development; 
(3) the acquisition of the Arkansas Ouachita lands and 
the Oklahoma lands by the United States for administration 
by the Forest Service will provide an opportunity for enhance-
ment of ecosystem management of the National Forest System 
lands and resources; 
(4) the Arkansas Ouachita lands and the Oklahoma lands 
have outstanding wildlife habitat and important recreational 
values and should continue to be made available for activities 
such as public hunting, fishing, trapping, nature observation, 
enjo3anent, education, and timber management whenever these 
activities are consistent with applicable Federal laws and land 
and resource management plans; these lands, especially in 
the riparian zones, also harbor endangered, threatened and 
sensitive plants and animals and the conservation and restora-
tion of these areas are important to the recreational and edu-
cational public uses and will represent a valuable ecological 
resource which should be conserved; 
110 STAT. 4128 
PUBLIC LAW 104-333—NOV. 12, 1996 
(5) the private use of the lands the United States will 
convey to Weyerhaeuser will not conflict with established 
management objectives on adjacent Federal lands; 
(6) the lands the United States will convey to Weyerhaeuser 
as part of the exchange described in paragraph (1) do not 
contain comparable fish, wildlife, or wetland values; 
(7) the values of all lands, mineral interests, and oil and 
gas interests to be exchanged between the United States and 
Weyerhaeuser are approximately equal in value; and 
(8) the exchange of lands, mineral interests, and oil and 
gas interests between Weyerhaeuser and the United States 
is in the public interest. 
(b) PURPOSE,—^The purpose of this section is to authorize and 
direct the Secretary of the Interior and the Secretary of Agriculture, 
subject to the terms of this title, to complete, as expeditiously 
as possible, an exchange of lands, mineral interests, and oil and 
gas interests with Weyerhaeuser that will provide environmental, 
land management, recreational, and economic benefits to the States 
of Arkansas and Oklahoma and to the United States. 
(c) DEFINITIONS.—^As used in this section: 
(1) LAND.—^The terms "land" or "lands" mean the surface 
estate and any other interests therein except for minersd 
interests and oil and gas interests. 
(2) MINERAL INTERESTS.—^The term "mineral interests" 
means geothermal steam and heat and all metals, ores, and 
minerals of any nature whatsoever, except oil and gas interests, 
in or upon lands subject to this title including, but not limited 
to, coal, lignite, peat, rock, sand, gravel, and quartz. 
(3) OIL AND GAS INTERESTS.—^The term "oil and gas 
interests" means all oil and gas of any nature, including carbon 
dioxide, helium, and gas taken from coal seams (collectively 
"oil and gas"). 
(4) SECRETARIES.—^The term "Secretaries" means the 
Secretary of the Interior and the Secretary of Agriculture. 
(5) WEYERHAEUSER.—The term "Weyerhaeuser" means 
Weyerhaeuser Company, a company incorporated in the State 
of Washington. 
(d) EXCHANGE OF LANDS AND MINERAL INTEREST.— 
(1) IN GENERAL.—Subject to psiragraph (2) and notwith-
standing any other provision of law, within 90 days after the 
date of the enactment of this Act, the Secretary of Agriculture 
shall convey to Weyerhaeuser, subject to any valid existing 
rights, approximately 20,000 acres of Federal lands and mineral 
interests in the State of Arkansas and approximately 28,000 
acres of Federal lands and minersd interests in the State of 
Oklahoma as depicted on maps entitled "Arkansas-Oklahoma 
Land Exchange—^Federal Arkansas and Oklahoma Lands," 
dated February 1996 and available for public inspection in 
appropriate offices of the Secretaries. 
(2) OFFER AND ACCEPTANCE OF LANDS.—^The Secretary of 
Agriculture shall make the conveyance to Weyerhaeuser if 
Weyerhaeuser conveys deeds of title to the United States, sub-
ject to limitations and the reservation described in subsection 
(e) and which are acceptable to and approved by the Secretary 
of Agriculture to the following— 
(A) approximately 115,000 acres of lands and mineral 
interests in the State of Oklahoma, as depicted on a map 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4129 
entitled 
"Arkansas-Oklahoma 
Land 
Exchange— 
Weyerhaeuser Oklahoma Lands," dated February 1996 and 
available for public inspection in appropriate offices of the 
Secretaries; 
(B) approximately 41,000 acres of lands and mineral 
interests in the State of Arkansas, as depicted on a map 
entitled 
"Arkansas-Oklahoma 
Land 
Exchange— 
Weyerhaeuser Arkansas Ouachita Lands," dated February 
1996 and available for public inspection in appropriate 
offices of the Secretaries; and 
(C) approximately 25,000 acres of lands and mineral 
interests in the State of Arkansas, as depicted on a map 
entitled 
"Arkansas-Oklahoma 
Land 
Exchange— 
Weyerhaeuser Arkansas Cossatot Lands," dated February 
1996 and available for public inspection in appropriate 
offices of the Secretaries. 
(e) EXCHANGE OF OIL AND GAS INTERESTS.— 
(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, at the same time as the 
exchange for land and mineral interests is carried out pursuant 
to this section, the Secretary of Agriculture shall exchange 
all Federal oil and gas interests, including leases and other 
agreements, in the lands described in subsection (d)(1) for 
equivalent oil and gas interests, including existing leases and 
other agreements, owned by Weyerhaeuser in the lands 
described in subsection (d)(2). 
(2) RESERVATION.—In addition to the exchange of oil and 
gas interests pursuant to paragraph (1), Weyerhaeuser shall 
reserve oil and gas interests in and under the lands depicted 
for reservation upon a map entitled Arkansas-Oklahoma Land 
Exchange—^Weyerhaeuser Oil and Gas Interest Reservation 
Lands, dated February 1996 and available for public inspection 
in appropriate offices of the Secretaries. Such reservation shall 
be subject to the provisions of this title and the form of such 
reservation 
shall 
comply 
with 
the 
jointly 
agreed 
to 
Memorandum of Understanding between the Forest Service 
and Weyerhaeuser dated March 27, 1996 £ind on file with 
the Office of the Chief of the Forest Service in Washington, 
D.C. and with the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Resources 
of the United States House of Representatives. 
(f) GENERAL PROVISIONS.— 
(1) MAPS CONTROLLING.—^The acreage cited in this section 
is approximate. In the case of a discrepancy between the 
description of lands, mineral interests, or oil and gas interests 
to be exchanged pursuant to subsections (d) and (e) and the 
lands, mineral interests, or oil and gas interests depicted on 
a map referred to in such subsection, the map shall control. 
The maps referenced in this section shall be subject to such 
minor corrections as may be agreed upon by the Secretaries 
and Weyerhaeuser so long as the Secretary of Agriculture noti-
fies the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the 
United States House of Representatives of any such minor 
corrections. 
(2) FINAL MAPS.—^Not later than 180 days after the conclu-
sion of the exchange required by subsections (d) and (e), the 
110 STAT. 4130 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 668dd 
note. 
Secretaries shall transmit maps accurately depicting the lands, 
mineral interests, and oil and gas interests conveyed and trans-
ferred pursuant to this section and the acreage and boundary 
descriptions of such lands, mineral interests, and oil and gas 
interests to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Resources of the House 
of Representatives. 
(3) CANCELLATION.—If, before the exchange has been car-
ried out pursuant to subsections (d) and (e), Weyerhaeuser 
provides 
written 
notification 
to 
the 
Secretaries 
that 
Weyerhauser no longer intends to complete the exchange, with 
respect to the lands, minersd interests, and oil and gas interests 
that would otherwise be subject to exchange, the status of 
such lands, mineral interests, and oil and gas interests shall 
revert to the status of such lands, mineral interests, and oil 
and gas interests as of the day before the date of enactment 
of this Act and shall be managed in accordance with applicable 
law and management plans. 
(4) WITHDRAWAL.-—Subject to valid existing rights, the land 
and interests therein depicted for conveyance to Weyerhauser 
on the maps referenced in subsections (d) and (e) are withdrawn 
from all forms of entry and appropriation under the public 
land laws (including the mining laws) and from the operation 
of mineral leasing and geothermal steam leasing laws effective 
upon the date of the enactment of this title. Such withdrawal 
shall terminate 45 days after completion of the exchange pro-
vided for in subsections (d) and (e) or on the date of notification 
by Weyerhauser of a decision not to complete the exchange. 
(g) NATIONAL FOREST SYSTEM.— 
(1) ADDITION TO THE SYSTEM.—^Upon approval and accept-
ance of title by the Secretary of Agriculture, the 156,000 acres 
of land conveyed to the United States pursuant to subsection 
(d)(2) (A) and (B) of this section shall be subject to the Act 
of March 1, 1911 (commonly known as the Weeks Law) (36 
Stat. 961, as amended), and shall be administered by the 
Secretary of Agriculture in accordance with the laws and regu-
lations pertaining to the National Forest System. 
(2) PLAN AMENDMENTS.—^No later than 12 months after 
the completion of the exchange required by this section, the 
Secretary of Agriculture shall begin the process to amend 
applicable land and resource management plans with public 
involvement pursuant to section 6 of the Forest and Rangeland 
Renewable Resource Planning Act of 1974, as amended by 
the National Forest Management Act of 1976 (16 U.S.C. 1604): 
Provided, That no amendment or revision of applicable land 
and resource management plans shall be required prior to 
completion of the amendment process required by this para-
graph for the SecretEiry of Agriculture to authorize or undertake 
activities consistent with forest wide standards and guidelines 
and all other applicable laws and regulations on lands conveyed 
to the United States pursuant to subsection (d)(2) (A) and 
(B). 
(h) OTHER.— 
(1) ADDITION TO THE NATIONAL WILDLIFE REFUGE SYSTEM.— 
Once acquired by the United States, the 25,000 acres of land 
identified in subsection (d)(2)(C), the Arkansas Cossatot lands, 
shall be managed by the Secretary of the Interior as a 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4131 
component of the Cossatot National Wildlife Refuge in accord-
ance with the National Wildlife Refuge System Administration 
Act of 1996 (16 U.S.C. 668dd-668ee). 
(2) PLAN PREPARATION.—^Within 24 months after 
the 
completion of the exchange required by this section, the 
Secretary of the Interior shall prepare and implement a single 
refuge management plan for the Cossatot National Wildlife 
Refuge, as expanded by this title. Such plans shgdl recognize 
the important public purposes served by the nonconsumptive 
activities, other recreational activities, and wildlife-related 
public use, including hunting, fishing, and trapping. The plan 
shall permit, to the maximum extent practicable, compatible 
uses to the extent that they are consistent with sound wildlife 
management sind in accordance with the National Wildlife 
Refuge System Administration Act of 1996 (16 U.S.C. 668dd-
668ee) and other applicable laws. Any regulations promulgated 
by the Secretary of the Interior with respect to hunting, fishing, 
and trapping on those lands shall, to the extent practicable, 
be consistent with State fish and wildlife laws and regulations. 
In preparing the management plan and regulations, the 
Secretary of the Interior shall consult with the Arkansas Game 
and Fish Commission. 
(3) INTERIM USE OF LANDS.— 
(A) IN GENERAL.—^Except as provided in paragraph (2) 
during the period beginning on the date of the completion 
of the exchange of lands required by this section and ending 
on the first date of the implementation of the plan prepared 
under paragraph (2), the Secretary of the Interior shall 
administer all lands added to the Cossatot National Wild-
life Refuge pursuant to this title in accordance with the 
National Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd-668ee) and other applicable laws. 
(B) HUNTING SEASONS.—^During the period described 
in subparagraph (A), the duration of any hunting season 
on the lands described in paragraph (1) shall comport with 
the applicable State law. 
(i) OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT.— 
Upon acceptance of title by the Secretary of Agriculture of the 
lands conveyed to the United States pursuant to subsection (d)(2) 
(A) and (B), the boundaries of the Ouachita National Forest shall 
be adjusted to encompass those lands conveyed to the United States 
generally depicted on the appropriate maps referred to in subsection 
(d). Nothing in this subsection shall limit the authority of the 
Secretary of Agriculture to adjust the boundary pursuant to section 
11 of the Weeks Law of March 1, 1911. For the purposes of section 
7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-9), the boundaries of the Ouachita National Forest, 
as adjusted by this section, shall be considered to be the boundaries 
of the Forest as of January 1, 1965. 
(j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later than 180 
days after the date of enactment of this title, the Secretary of 
Agriculture shall prepare a boundary description of the lands 
depicted on the map(s) referred to in subsection (d)(2) (A) and 
(B). Such map(s) and boundary description shall have the same 
force and effect as if included in this Act, except that the Secretary 
of Agriculture may correct clerical and t3T)0graphical errors. 
110 STAT. 4132 
PUBLIC LAW 104-333—NOV. 12, 1996 
SEC. 306. BIG THICKET NATIONAL PRESERVE. 
(a) EXTENSION.—^The last sentence of subsection (d) of the first 
section of the Act entitled "An Act to authorize the establishment 
of the Big Thicket National Preserve in the State of Texas, and 
for other purposes", approved October 11, 1974 (16 U.S.C. 698(d)), 
is amended by striking out "two years sifter date of enactment" 
and inserting "five years after the date of enactment". 
(b) INDEPENDENT APPRAISAL.—Subsection (d) of the first section 
of such Act (16 U.S.C. 698(d)) is further amended by adding at 
the end the following: "The Secretary, in considering the values 
of the private lands to be exchanged under this subsection, shall 
consider independent appraisals submitted by the owners of the 
private lands." 
(c) LIMITATION.—Subsection (d) of the first section of such Act 
(16 U.S.C. 698(d)), as amended by subsection (b), is further amended 
by adding at the end the following: "The authority to exchange 
lands under this subsection shall expire on July 1, 1998.". 
16 use 698 note. 
(d) REPORTING REQUIREMENT.—^Not later than 6 months after 
the date of the enactment of this Act and every 6 months thereafter 
until the earlier of the consummation of the exchange of July 
1, 1998, the Secretary of the Interior and the Secretary of Agri-
culture shall each submit a report to the Committee on Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate concerning the progress in 
consummating the land exchange authorized by the amendments 
made by the Big Thicket National Preserve Addition Act of 1993 
(Public Law 103-46). 
16 u s e 698 note. 
(e) LAND EXCHANGE IN LIBERTY COUNTY, TEXAS.—If, within 
one year after the date of the enactment of this Act— 
(1) the owners of the private lands described in subsection 
(f)(1) offer to transfer all their right, title, and interest in 
and to such lands to the Secretary of the Interior, and 
(2) Liberty County, Texas, agrees to accept the transfer 
of the Federal lands described in subsection (f)(2), 
the Secretary shall accept such offer of private lands and, in 
exchange and without additional consideration, transfer to Liberty 
County, Texas, all right, title, and interest of the United States 
in and to the Federal lands described in subsection (f)(2). 
16 u s e 698 note. 
(f) LANDS DESCRIBED.— 
(1) PRIVATE LANDS.—^The private lands described in this 
paragraph are approximately 3.76 acres of lands located in 
Liberty County, Texas, as generally depicted on the map 
entitled "Big Thicket Lake Estates Access—^Proposed". 
(2) FEDERAL LANDS.—^The Federal lands described in this 
paragraph are approximately 2.38 acres of lands located in 
Menard Creek Corridor Unit of the Big Thicket National 
Preserve, as generally depicted on the map referred to in para-
graph (1). 
16 u s e 698 note. 
(g) ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED 
STATES.—^The lands acquired by the Secretary under subsection 
(e) shall be added to and administered as part of the Menard 
Creek Corridor Unit of the Big Thicket National Preserve. 
SEC. 
3
0
7
. 
LOST 
CREEK 
LAND 
EXCHANGE. 
(
a
) 
LAND 
EXCHANGE.— 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4133 
(1) IN GENERAL.—^Notwithstanding any other provision of 
law, the Secretary of Agriculture (referred to in this section 
as the "Secretary") shall— 
(A) acquire by exchange certain land and interests 
in land owned by R-Y Timber, Inc., and its affiliates, 
successors, and assigns (referred to in this section as the 
"Corporation"), located in the Lost Creek and Twin Lakes 
areas of the Beaverhead-Deerlodge 
National 
Forest, 
Montana; and 
(B)(i) convey certain land and interests in land owned 
by the United States and located in the Beaverhead-
Deerlodge National Forest and the Gallatin National 
Forest, Montana, to the Corporation; and 
(ii) grant the right to harvest timber on land in the 
Beaverhead-Deerlodge National Forest and the Gallatin 
National Forest as specified in the document under para-
graph (4). 
(2) OFFER AND ACCEPTANCE OF LAND.— 
(A) NON-FEDERAL LAND.—If the Corporation offers to 
convey to the United States fee title that is acceptable 
to the Secretary to approximately 17,567 acres of land 
owned by the Corporation and available for exchange, as 
depicted on the map entitled "R-Y/Forest Service Land 
Exchange Proposal", dated June 1996, and described in 
the document under paragraph (4), the Secretary shall 
accept a warranty deed to the land. 
(B) FEDERAL LAND.— 
(i) CONVEYANCE.—On acceptance of title to the 
Corporation's land under subparagraph (A) and on the 
effective date of the document under paragraph (4), 
the Secretary shall— 
(I) convey to the Corporation, subject to vsQid 
existing rights, by exchsmge deed, fee title to 
approximately 7,185 acres in the Beaverhead-
Deerlodge National Forest; and 
(II) grant to the Corporation the right to har-
vest approximately 6,200,000 board feet of timber 
on certain land in the Beaverhead-Deerlodge 
National 
Forest and approximately 
4,000,000 
board feet of timber on certain land in the Gallatin 
National Forest, collectively referred to as the har-
vest volume, as depicted on the map described 
in subparagraph (A) and subject to the terms and 
conditions stated in the document under paragraph 
(4). 
(3) TIMBER HARVESTING.— 
(A) IN GENERAL.—The timber harvest volume described 
in paragraph (2)(B)(i)(II) is in addition to, and is not 
intended as an offset against, the present or future planned 
timber 
sale 
program 
for 
the 
Beaverhead-Deerlodge 
National Forest or the Gallatin National Forest, so long 
as the allowable sale quantity for each national forest, 
respectively, is not exceeded for the planning period. 
(B) SBA SHARE.—^The Forest Service shall not reduce 
its Small Business Administration share of timber sale 
set-aside offerings in the Beaverhead-Deerlodge National 
110 STAT. 4134 
PUBLIC LAW 104-333—NOV. 12, 1996 
Forest or the Gallatin National Forest by reason of the 
land exchange under this subsection. 
(C) MINIMUM AND MAXIMUM ANNUAL HARVESTS.— 
(i) IN GENERAL.— Subject to clause (ii)— 
(I) not less than 20 nor more than 30 percent 
of the timber described in paragraph (2XB)(i)(II) 
shall be made available by the end of each fiscal 
year over a 4- or 5-year period beginning with 
the first fiscal year that begins after the date 
of enactment of this Act; and 
(II) the Corporation shall be allowed at least 
3 years after the end of each fiscal year in which 
to complete the harvest of timber made available 
for that fiscal year. 
(ii) 
EXCEPTIONAL 
CIRCUMSTANCES.—The timber 
harvest volumes specified in clause (i) shall not be 
required in the case of the occurrence of exceptional 
circumstances identified 
in the agreement 
under 
paragraph (4). In the case of such an occurrence that 
results in the making available of less than 20 percent 
of the timber for any fiscal year, the Secretary shall 
provide compensation of equal value to the Corporation 
in a form provided for in the agreement under para-
graph (4). 
(4) LAND EXCHANGE SPECIFICATION AGREEMENT.— 
(A) IN GENERAL.— Notwithstanding any other provision 
of law, a document entitled "R-Y/Forest Service Land 
Exchange Specifications" shall be jointly developed and 
agreed to by the Corporation and the Secretary. 
(B) DESCRIPTIONS OF LANDS TO BE EXCHANGED.—The 
document under subparagraph (A) shall define the non-
Federal and Federal lands and interests in land to be 
exchanged and include legal descriptions of the lands and 
interests in land and an agreement to harvest timber on 
National Forest System land in accordance with the 
standard timber contract specifications, section 251.14 of 
title 36, Code of Federal Regulations (as in effect on the 
date of enactment of this Act), and any other pertinent 
conditions. 
(C) SUBMISSION TO CONGRESS.—^The document under 
subparagraph (A)— 
(i) upon its completion shall be submitted to the 
Committee on Energy and Natured Resources of the 
Senate and the Committee on Resources of the House 
of Representatives; and 
(ii) shall not take effect until 45 days after the 
date of submission to both committees. 
(D) DESIGN AND LAYOUT.— 
(i) IN GENERAL.—^The Forest Service shall deter-
mine the timber sale design and layout in consultation 
with the Corporation. 
(ii) HARVEST VOLUME.—Identification of the timber 
harvest volume shall be determined in accordance with 
Department of Agriculture standards. 
(iii) 
MONITORING.—^The 
Forest 
Service 
shall 
monitor harvest and post-harvest activities to ensure 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4135 
compliance with the terms and conditions of the docu-
ment under subparagraph (A). 
(5) CONFLICT.—In case of conflict between the map 
described in paragraph (2)(A) and the document under para-
graph (4), the map shall control. 
(b) TITLE.— 
(1) REVIEW OF TITLE.—^Not later thgin 60 days after receipt 
of title documents from the Corporation, the Secretary shall 
review the title for the non-Federal land described in subsection 
(a)(2)(A) and determine whether— 
(A) title standards of the Department of Justice 
applicable to Federal land acquisition have been satisfied 
or the quality of title is otherwise acceptable to the 
Secretary; 
(B) all draft conveyances and closing documents have 
been received and approved; 
(C) a current title commitment verif3ring compliance 
with applicable title standards has been issued to the 
Secretary; and 
(D) the Corporation has complied with the conditions 
imposed by this section. 
(2) UNACCEPTABLE QUALITY OF TITLE.—If the quality of 
title does not meet Federal standards and is not otherwise 
acceptable to the Secretary, the Secretary shall advise the 
Corporation regarding corrective actions necessary to make an 
affirmative determination. 
(3) CONVEYANCE OF TITLE.—^The Secretary shall accept the 
conveyance of land described in subsection (a)(2)(A) not later 
than 60 days after the Secretary has made an affirmative 
determination of qugdity of title. 
(c) GENERAL PROVISIONS.— 
(1) MAPS AND DOCUMENTS.— 
(A) IN GENERAL.—The map described in subsection 
(a)(2)(A) and the document under subsection (a)(4) shall 
be subject to such minor corrections may be agreed upon 
by the Secretary £ind the Corporation. 
(B) PuBLC AVAILABILITY.—^The map described in sub-
section (a)(2)(A) and the document under subsection (a)(4) 
shall be on file and available for public inspection in the 
appropriate offices for the Forest Service. 
110 STAT. 4136 
PUBLIC LAW 104-333—NOV. 12, 1996 
(2) NATIONAL FOREST SYSTEM LAND.— 
(A) IN GENERAL,—^All land conveyed to the United 
States under this section shall be added to and adminis-
tered as part of the Beaverhead-Deerlodge National Forest 
and shall be administered by the Secretary in accordance 
with the laws (including regulations) pertaining to the 
National Forest System. 
(B) 
WILDERNESS STUDY AREA ACQUISITIONS.—Land 
acquired under this section that is located within the 
boundary of a wilderness area in existence on the date 
of enactment of this Act shall be included within the 
National Wilderness Preservation System. 
(3) VALUATION.—^The values of the lands and interests in 
land to be exchanged under this section are deemed to be 
equal. 
(4) LIABILITY FOR HAZARDOUS SUBSTANCES.—The United 
States (including the departments, agencies, and employees 
of the United States) shall not be liable under the Comprehen-
sive Environmentsd Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), or any other Federal, 
State, or local law solely as a result of the acquisition of 
an interest in the land described in subsection (a)(2)(A) or 
because of circumstEinces or events occurring before the acquisi-
tion, including any release or threat of release of a hazardous 
substance. 
(5) RELEASE FROM STUDY.—^The Igind comprising approxi-
mately 1.320 acres in the Beaverhead-Deerlodge National 
Forest, as generally depicted on the map entitled "West Pioneer 
Study Deletion—^Proposed", dated 1994, is released from study 
under section 2(a)(1) of the Montana Wilderness Study Act 
of 1977 (91 Stat. 1243). 
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE. 
(a) CONVEYANCE BY THE SECRETARY OF AGRICULTURE.— 
(1) 
CONVEYANCE.—In 
exchange 
for 
the 
conveyance 
described in subsection (b), the Secretary of Agriculture (herein-
after referred to as the "Secretary") shall convey to the Orange 
County Council of the Boy Scouts of America all right, title, 
and interest of the United States in and to the parcel of land 
described in paragraph (2) located in the Cleveland National 
Forest. The parcel conveyed by the Secretary shall be subject 
to valid existing rights and to any easements that the Secretary 
considers necessary for public and administrative access. 
(2) DESCRIPTION OF PARCEL.—^The parcel of land referred 
to in paragraph (1) consists of not more than 60 acres of 
land in Section 28, Township 9 South, Range 4 East, San 
Bernardino Meridian, in the unincorporated territory of San 
Diego County, California. 
(b) CONVEYANCE BY THE BOY SCOUTS OF AMERICA.— 
(1) 
CONVEYANCE.—^In 
exchange 
for 
the 
conveyance 
described in subsection (a), the Orange County Council of the 
Boy Scouts of America shall convey to the United States all 
right, title, and interest to the parcel of land described in 
paragraph (2). The parcel conveyed under this subsection shall 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4137 
be subject to such valid existing rights of record as may be 
acceptable to the Secretary, and the title to the parcel shall 
conform with the title approval standards applicable to Federal 
land acquisitions. 
(2) DESCRIPTION OF PARCEL.—^The parcel of land referred 
to in paragraph (1) shall be approximately equal in value 
to the lands described in subsection (a)(2) and shall be at 
least the Southerly 94 acres of the Westerly V
2 of Section 
34, Township 9 South, Range 4 East, San Bernardino Meridian, 
in the unincorporated territory of San Diego County, California. 
(c) BOUNDARY ADJUSTMENT.—^Upon the completion of the land 
exchange authorized under this section, the Secretary shall adjust 
the boundaries of the Cleveland National Forest to exclude the 
parcel conveyed by the Secretary under subsection (a) and to include 
the parcel obtained by the Secretary under subsection (b). For 
purposes of section 7 of the Land and Water Conservation Fund 
Act of 1964 (16 U.S.C. 4601-9), the boundary of the Cleveland 
National Forest, as modified by this title, shall be considered the 
boundary of the forest as of January 1, 1965. 
(d) INCORPORATION INTO CLEVELAND NATIONAL FOREST.—^Upon 
acceptance of title by the Secretary, the parcel obtained by the 
Secretary under subsection (b) shall become part of the Cleveland 
National Forest and shall be subject to all laws applicable to such 
national forest. 
SEC. 309. SAND HOLLOW LAND EXCHANGE. 
(a) DEFINITIONS.—^As used in this section: 
(1) DISTRICT.—The term "District" means the Water 
Conservancy District of Washington County, Utah. 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(3) BULLOCH SITE.—^The term "Bulloch Site" means the 
lands located in Kane County, Utah, adjacent to Zion National 
Park, comprised of approximately 550 acres, as generally 
depicted on a map entitled "Washington County Water Conser-
vancy District Exchange Proposal" and dated May 30, 1996. 
(4) SAND HOLLOW SITE.—The term "Sand Hollow Site" 
means the lands located in Washington County, Utah, Com-
prised of approximately 3,000 acres, as generally depicted on 
a map entitled "Washington County Water Conservancy District 
Exchange Proposal" and dated May 30, 1996. 
(5) 
QUAIL 
CREEK 
PIPELINE.—^The term "Quail 
Creek 
Pipeline" means the lands located in Washington County, Utah, 
comprised of approximately 40 acres, as generally depicted 
on a map entitled "Washington County Water Conservancy 
District Exchange Proposal" and dated May 30, 1996. 
(6) QUAIL CREEK RESERVOIR.—The term "Quail Creek 
Reservoir" means the lands located in Washington County, 
Utah, comprised of approximately 480.5 acres, as generally 
depicted on a map entitled "Washington County Water Conser-
vancy District Exchange Proposal" and dated May 30, 1996. 
(7) SMITH PROPERTY.—^The term "Smith Property" means 
the lands located in Washington County, Utah, comprised of 
approximately 1,550 acres as generally depicted on a map enti-
tled "Washington County Water Conservancy District Exchange 
Proposal" and dated May 30, 1996. 
(b) EXCHANGE.— 
110 STAT. 4138 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) IN GENERAL.—Subject to the provisions of this section, 
if within 18 months after the date of the enactment of this 
Act, the Water Conservancy District of Washington County, 
Utah, offers to transfer to the United States all right, title, 
and interest of the District in gind to the Bulloch Site, the 
Secretary of the Interior shall, in exchange, trsinsfer to the 
District all right, title, and interest of the United States in 
and to the Sand Hollow Site, the Quail Creek Pipeline and 
Quail Creek Reservoir, subject to valid existing rights. 
(2) WATER RIGHTS ASSOCIATED WITH THE BULLOCH SITE.— 
The water rights associated with the Bulloch Site shall be 
transferred to the United States pursuant to Utah State law. 
(3) WITHDRAWAL OF MINERAL INTERESTS.—Subject to valid 
existing rights, the mineral interests underljdng the Sand 
Hollow Site, the Quail Creek Reservoir, and the Quail Creek 
Pipeline are hereby withdrawn from disposition under the pub-
lic land laws and from location, entry, and patent under the 
mining laws of the United States, from the operation of the 
mineral leasing laws of the United States, from the operation 
of the Geothermal Steam Act of 1970, and from the operation 
of the Act of July 31, 1947, commonly known as the "Materials 
Act of 1947" (30 U.S.C. 601 et seq.). 
(4) GRAZING.—^The exchange of lands under paragraph (1) 
shall be subject to agreement by the District to continue to 
permit the grazing of domestic livestock on the Sand Hollow 
Site under the terms and conditions of existing Federal grazing 
leases or permits, except that the District, upon terminating 
any such lease or permit, shall fully compensate the holder 
of the terminated lease or permit. 
(c) EQUALIZATION OF VALUES.—^The value of the lands trans-
ferred out of Federal ownership under subsection (b) either shall 
be equal to the value of the lands received by the Secretary under 
that section or, if not, shall be equalized by— 
(1) to the extent possible, transfer of all right, title, and 
interest of the District in and to lands in Washington County, 
Utah, and water rights of the District associated thereto, 
which are within the area providing habitat for the desert 
tortoise, as determined by the Director of the Bureau of Land 
Management; 
(2) transfer of all right, title, and interest of the District 
in and to lands in the Smith Site and water rights of the 
District associated thereto; and 
(3) the pajonent of money to the Secretary, to the extent 
that lands and rights transferred under paragraphs (1) and 
(2) are not sufficient to equalize the values of the lands 
exchanged under subsection (b)(1). 
(d) 
MANAGEMENT 
OF 
LANDS 
ACQUIRED 
BY THE 
UNITED 
STATES.—Lands acquired by the Secretary under this section shall 
be administered by the Secretary, acting through the Director of 
the Bureau of Land Management, in accordance with the provisions 
of law generally applicable to the public lands, including the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). 
(e) 
NATIONAL ENVIRONMENTAL POLICY ACT OF 1976.—The 
exchange of lands under this section is not subject to section 102 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4322). 
(f) VALUATION OF LANDS TO BE ACQUIRED BY THE UNITED 
STATES IN WASHINGTON COUNTY, UTAH.—In acquiring any lands 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4139 
and any interests in lands in Washington County, Utah, by pur-
chase, exchange, donation or other transfers of interest, the 
Secretary of the Interior shall appraise, value, and offer to acquire 
such lands and interests without regard to the presence of a species 
listed as threatened or endangered or any proposed or actual des-
ignation of such property as critical habitat for a species listed 
as threatened or endangered pursuant to the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR 
FISCAL YEARS 1997 THROUGH 2002. 
Section 318(a) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1748(a)) is amended by striking out "October 
1, 1978" and by inserting in lieu thereof "October 1, 2002". 
SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE. 
(a) SHORT TITLE.—^This section may be cited as the "Kenai 
Natives Association Equity Act Amendments of 1996". 
(b) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—^The Congress finds the following: 
(A) The United States Fish and Wildlife Service and 
Kenai Natives Association, Inc., have agreed to transfers 
of certain land rights, in and near the Kenai National 
Wildlife Refuge, negotiated as directed by Public Law 
102-458. 
(B) The lands to be acquired by the Service are within 
the area impacted by the Exxon Valdez oil spill of 1989, 
and these lands included important habitat for various 
species of fish and wildlife for which significant injury 
resulting from the spill has been documented through the 
EVOS Trustee Council restoration process. This analysis 
has indicated that these lands generally have value for 
the restoration of such injured natural resources as pink 
salmon, dolly varden, bald eagles, river otters, and cultural 
and archaeological resources. This analysis has also 
indicated that these lands generally have high value for 
the restoration of injured species that rely on these natural 
resources, including wilderness quality, recreation, tourism, 
and subsistence. 
(C) Restoration of the injured species will benefit from 
acquisition gind the prevention of disturbances which may 
adversely affect their recovery. 
(D) It is in the public interest to complete the convey-
ances provided for in this section. 
(2) PURPOSE.—^The purpose of this section is to authorize 
and direct the Secretary, at the election of KNA, to complete 
the conveyances provided for in this section. 
(c) DEFINITIONS.—For purposes of this section, the term— 
(1) "ANCSA" means the Alaska Native Claims Settlement 
Act of 1971 (43 U.S.C. 1601 et seq.); 
(2) "ANILCA" means the Alaska National Interest Lands 
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.); 
(3) "conservation system unit" has the same meaning as 
in section 102(4) of ANILCA (16 U.S.C. 3102(4)); 
(4) "CIRI" means the Cook Inlet Region, Inc., a Native 
Regional Corporation incorporated in the State of Alaska 
pursuant to the terms of ANCSA; 
(5) "EVOS" means the Exxon Valdez oil spill; 
Kenai Natives 
Association 
Equity Act 
Amendments of 
1996. 
43 use 1784 
note. 
Exxon Valdez. 
110 STAT. 4140 
PUBLIC LAW 104-333—NOV. 12, 1996 
(6) "KNA" mesins the Kenai Natives Association, Inc., an 
urban corporation incorporated in the State of Alaska pursuant 
to the terms of ANCSA; 
(7) "lands" means any lands, waters, or interests therein; 
(8) "Refuge" means the Kenai National Wildlife Refuge; 
(9) "Secretary" mesins the Secretary of the Interior; 
(10) "Service" means the United States Fish and Wildlife 
Service; and 
(11) 'Terms and Conditions" means the Terms and Condi-
tions for Land Consolidation and Management in the Cook 
Inlet Area, as clarified on August 31, 1976, ratified by section 
12 of Public Law 94-204 (43 U.S.C. 1611 note). 
(d) ACQUISITION OF LANDS.— 
(1) OFFER TO KNA.— 
(A) IN GENERAL.—Subject to the availability of the 
funds identified in paragraph (2)(C), no later than 90 days 
after the date of enactment of this section, the Secretary 
shall offer to convey to KNA the interests in land and 
rights set forth in paragraph (2)(B), subject to valid existing 
rights, in return for the conveyance by KNA to the United 
States of the interests in land or relinquishment of ANCSA 
selections set forth in paragraph (2)(A). Pajonent for the 
lands conveyed to the United States by KNA is contingent 
upon KNA's acceptance of the entire conveyance outlined 
herein. 
(B) LIMITATION.—^The Secretary may not convey any 
lands or make pajrment to KNA under this section unless 
title to the lands to be conveyed by KNA under this section 
has been found by the United States to be sufficient in 
accordance with the provisions of section 355 of the Revised 
Statutes (40 U.S.C. 255). 
(2) ACQUISITION LANDS.— 
(A) LANDS TO BE CONVEYED TO THE UNITED STATES.— 
The lands to be conveyed by KNA to the United States, 
or the valid selection rights under ANCSA to be relin-
quished, all situated within the boundary of the Refuge, 
are the following: 
(i) The conveyance of approximately 803 acres 
located along and on islsmds within the Kenai River, 
known as the Stephanka Tract. 
(ii) The conveyance of approximately 1,243 acres 
located along the Moose River, known as the Moose 
River Patented Lands Tract. 
(iii) The relinquishment of KNA's selection known 
as the Moose River Selected Tract, containing approxi-
mately 753 acres located along the Moose River. 
(iv) The relinquishment of KNA's 
remaining 
ANCSA entitlement of approximately 454 acres. 
(v) The relinquishment of all KNA's remaining 
overselections. Upon completion of all relinquishments 
outlined above, all KNA's entitlement shall be deemed 
to be extinguished and the completion of this acquisi-
tion will satisfy all of KNA's ANCSA entitlement. 
(vi) The conveyance of an access easement provid-
ing the United States and its assigns access across 
KNA's surface estate in the SWy4 of section 21, T. 
6 N., R. 9 W., Seward Meridian, Alaska. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4141 
(vii) The conveyance of approximately 100 acres 
within the Beaver Creek Patented Tract, which is 
contiguous to lands being retained by the United States 
contiguous to the Beaver Creek Patented Tract, in 
exchange for 280 acres of Service lands currently 
situated within the Beaver Creek Selected Tract. 
(B) LANDS TO BE co^fVEYED TO KNA.—The rights pro-
vided or lands to be conveyed by the United States to 
KNA, are the following: 
(i) The surface and subsurface estate to approxi-
mately 5 acres, subject to reservations of easements 
for existing roads and utilities, located within the city 
of Kenai, Alaska, identified as United States Survey 
1435, withdrawn by Executive Order 2943 and known 
as the old Fish and Wildlife Service Headquarters site. 
(ii) The remaining subsurface estate held by the 
United States to approximately 13,651 acres, including 
portions of the Beaver Creek Patented Tract, the 
Beaver Creek Selected Tract, and portions of the Swan-
son River Road West Tract and the Swanson River 
Road East Tract, where the surface was previously 
or will be conveyed to KNA pursuant to this Act but 
excluding the SWy4 of section 21, T. 6 N., R. 9 W, 
Seward Meridian, Alaska, which will be retained by 
the United States. The conveyance of these subsurface 
interests will be subject to the rights of CIRI to the 
coal, oil, gas, and to all rights CIRI, its successors, 
and assigns would have under paragraph 1(B) of the 
Terms and Conditions, including the right to sand 
and gravel, to construct facilities, to have rights-of-
way, and to otherwise develop it subsurface interests. 
(iii)(I) The nonexclusive right to use sand and 
gravel which is reasonably necessary for on-site 
development without compensation or permit on those 
portions of the Swanson River Road East Tract, 
comprising approximately 1,738.04 acres; where the 
entire subsurface of the land is presently owned by 
the United States. The United States shall retain the 
ownership of all other sand and gravel located within 
the subsurface and KNA shall not sell or dispose of 
such sand and gravel. 
(II) The right to excavate within the subsurface 
estate as reasonably necessary for structures, utilities, 
transportation systems, and other development of the 
surface estate. 
(iv) The nonexclusive right to excavate within the 
subsurface estate as reasonably necessary for struc-
tures, utilities, transportation systems, and other 
development of the surface estate on the SWy4, section 
21, T. 6 N., R. 9 W., Seward Meridian, Alaska, where 
the entire subsurface of the land is owned by the 
United States and which public lands shall continue 
to be withdrawn from mining following their removal 
from the Refuge boundary under paragraph (3)(A)(ii). 
The United States shall retain the ownership of all 
other sand and gravel located within the subsurface 
of this parcel. 
110 STAT. 4142 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 668dd 
note. 
(v) The surface estate of approximately 280 acres 
known as the Beaver Creek Selected Tract. This tract 
shall be conveyed to KNA in exchange for lands 
conveyed to the United States as described in para-
graph (2)(A)(ii). 
(C) PAYMENT.—The United States shall make a total 
cash pajnnent to KNA for the above-described leinds of 
$4,443,000, contingent upon the appropriate approvals of 
the Federal or State of Alaska EVOS Trustees (or both) 
necessary for any expenditure of the EVOS settlement 
funds. 
(D) NATIONAL REGISTER OF HISTORIC PLACES.—^Upon 
completion of the acquisition authorized in paragraph (1), 
the Secretary shall, at no cost to KNA, in coordination 
with KNA, promptly undertake to nominate the Stephanka 
Tract to the National Register of Historic Places, in recogni-
tion of the archaeological artifacts from the original 
Dena'ina Settlement. If the Department of the Interior 
establishes a historical, cultural, or archaeological interpre-
tive site, KNA shall have the exclusive right to operate 
a Dena'ina interpretive site on the Stephanka Tract under 
the regulations and policies of the department. If KNA 
declines to operate such a site, the department may do 
so under its existing authorities. Prior to the department 
undertaking any archaeological activities whatsoever on 
the Stephanka Tract, KNA shall be consulted. 
(3) GENERAL PROVISIONS.— 
(A) 
REMOVAL OF KNA LANDS FROM THE NATIONAL 
WILDLIFE REFUGE SYSTEM.— 
(i) Effective on the date of closing for the Acquisi-
tion Lands identified in paragraph (2)(B), all lands 
retained by or conveyed to KNA pursuant to this sec-
tion, and the subsuiface interests of CIRI underl3dng 
such lands shall be automatically removed from the 
National Wildlife Refuge System and shall neither be 
considered as part of the Refuge nor subject to any 
laws pertaining solely to lands within the boundaries 
of the Refuge. The conveyance restrictions imposed 
by section 22(g) of ANCSA (i) shall then be ineffective 
and cease to apply to such interests of KNA and CIRI, 
and (ii) shsill not be applicable to the interests received 
by KNA in accordance with paragraph (2)(B) or to 
the CIRI interests underljdng them. The Secretary 
shall adjust the boundaries of the Refuge so as to 
exclude all interests in lands retained or received in 
exchange by KNA in accordance with this section, 
including both surface and subsurface, and shall also 
exclude all interests currently held by CIRI. On lands 
within the Swanson River Road East Tract, the bound-
ary adjustment shall only include the surface estate 
where the subsurface estate is retained by the United 
States. 
(ii)(I) The Secretary, KNA, and CIRI shall execute 
an agreement within 45 days of the date of enactment 
of this section which preserves CIRFs rights under 
paragraph 
1(B)(1) of the Terms and Conditi(m^, 
addresses CIRI's obligations under suph paragraph, 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4143 
and adequately addresses management issues associ-
ated with the boundary adjustment set forth in this 
section and with the differing interests in land 
resulting from enactment of this section. 
(II) In the event that no agreement is executed 
as provided for in subclause (I), solely for the purposes 
of administering CIRFs rights under paragraph 1(B)(1) 
of the Terms and Conditions, the Secretary and CIRI 
shall be deemed to have retained their respective rights 
and obligations with respect to CIRI's subsuHace 
interests under the requirements of the Terms and 
Conditions in effect on June 18, 1996. Notwithstanding 
the boundary adjustments made pursuant to this 
section, conveyances to KNA shall be deemed to remain 
subject to the Secretary's and CIRFs rights and obliga-
tions under paragraph KBXD of the Terms and Condi-
tions. 
(iii) The Secretary is authorized to acquire by pur-
chase or exchange, on a willing seller basis only, any 
lands retained by or conveyed to KNA. In the event 
that any lands owned by KNA are subsequently 
acquired by the United States, they shall be automati-
cally included in the Refuge System. The laws and 
regulations applicable to Refuge lands shall then apply 
to these lands and the Secretary shall then adjust 
the boundaries accordingly. 
(iv) Nothing in this section is intended to enlarge 
or diminish the authorities, rights, duties, obligations, 
or the property rights held by CIRI under the Terms 
and Conditions, or otherwise except as set forth in 
this section. In the event of the purchase by the United 
States of any lands from KNA in accordance with 
subparagraph (A)(ii), the United States shall reassume 
from KNA the rights it previously held under the 
Terms and Conditions and the provisions in any patent 
implementing section 22(g) of ANCSA will again apply. 
(v) By virtue of implementation of this section, 
CIRI is deemed entitled to 1,207 acres of in-lieu sub-
surface entitlement under section 12(a)(1) of ANCSA. 
Such entitlement shall be fulfilled in accordance with 
paragraph 1(BX2)(A) of the Terms and Conditions. 
(B) MAPS AND LEGAL DESCRIPTIONS.—^Maps and a legal 
description of the lands described above shall be on file 
and available for public inspection in the appropriate ofi^ces 
of the United States Department of the Interior, and the 
Secretary shall, no later than 90 days after enactment 
of this section, prepare a legal description of the lands 
described in paragraph (2)(A)(vii). Such maps and legal 
description shall nave the same force and effect as if 
included in the section, except that the Secretary may 
correct clerical and typographical errors. 
(C) ACCEPTANCE.—^KNA may accept the offer made 
in this section by notifying the Secretary in writing of 
its decision within 180 days of receipt of the offer. In 
the event the offer is rejected, the Secretary shall notify 
the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources 
29-194 O - 96 - U : QL 3 Part 6 
110 STAT. 4144 
PUBLIC LAW 104-333—NOV. 12, 1996 
and the Committee on Environment and Public Works 
of the Senate. 
(D) FINAL MAPS.—Not later than 120 days after the 
conclusion of the acquisition authorized by paragraph (1), 
the Secretary shall transmit a final report and maps 
accurately depicting the lands transferred and conveyed 
pursuant to this section and the acreage and legal descrip-
tions of such lands to the Committee on Resources of the 
House of Representatives and the Committee on Energy 
and Natural Resources and the Committee on Environment 
and Public Works of the Senate. 
1
6 use 1
1
3
2 
(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.—Upon 
note. 
acquisition of lands by the United States pursuant to subsection 
(d)(2)(A), that portion of the Stephanka Tract lying south and 
west of the Kenai River, consisting of approximately 592 acres, 
shall be included in and managed as part of the Kenai Wilderness 
and such lands shall be managed in accordance with the applicable 
provisions of the Wilderness Act and ANILCA. 
(f) DESIGNATION OF LAKE TODATONTEN-SPECIAL MANAGEMENT 
AREA.— 
(1) PURPOSE.—^To balance the potential effects on fish, wild-
life, and habitat of the removal of KNA lands from the Refuge 
System, the Secretary is hereby directed to withdraw, subject 
to valid existing rights, from location, entry, and patent under 
the mining laws and to create as a special management unit 
for the protection of fish, wildlife, and habitat, certain unappro-
priated and unreserved public lands, totaling approximately 
37,000 acres adjacent to the west boundary of the Kanuti 
National Wildlife Refuge to be know as the "Lake Todatonten 
Special Management Area", as depicted on the map entitled 
"Proposed: Lake Todatonten Special Management Area", dated 
June 13, 1996, and to be managed by the Bureau of Land 
Management. 
(2) MANAGEMENT.— 
(A) Such designation is subject to all valid existing 
rights as well as the subsistence preferences provided under 
title VIII of ANILCA. Any lands conveyed to the State 
of Alaska shall be removed from the Lake Todatonten 
Special Management Area. 
(B) The Secretary may permit any additional uses of 
the area, or grant easements, only to the extent that such 
use, including leasing under the mineral leasing laws, is 
determined to not detract from nor materially interfere 
with the purposes for which the Special Management Area 
is 6si^d.Dlisli6d 
(C)(i) The BLM shall establish the Lake Todatonten 
Special Management Area Committee. The membership 
of the Committee shall consist of 11 members as follows: 
(I) Two residents each from the villages of Alatna, 
Allakaket, Hughes, and Tanana. 
(II) One representative from 
each of Doyon 
Corporation, the Tanana Chiefs Conference, and the 
State of Alaska. 
(ii) Members of the Committee shall serve without 
pay. 
(iii) The BLM shall hold meetings of the Lake 
Todatonten Special Management Area Committee at least 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4145 
once per year to discuss management issues within the 
Special Management Area. The BLM shall not allow any 
new type of activity in the Special Management Area with-
out first conferring with the Committee in a timely manner. 
(3) ACCESS.—^The Secretary shall allow the following: 
(A) Private access for any purpose, including economic 
development, to lands within the boundaries of the Special 
Management Area which are owned by third parties or 
are held in trust by the Secretary for third parties pursuant 
to the Alaska Native Allotment Act (25 U.S.C. 336). Such 
rights may be subject to restrictions issued by the BLM 
to protect subsistence uses of the Special Management 
Area. 
(B) Existing public access across the Special Manage-
ment Area. Section 1110(a) of ANILCA shall apply to the 
Special Management Area. 
(4) SECRETARIAL ORDER AND MAPS.—^The Secretary shall 
file with the Committee on Resources of the House of Represent-
atives and the Committee on Energy and Natural Resources 
and the Committee on Environment and Public Works of the 
Senate, the Secretarial Order and maps setting forth the bound-
aries of the Area within 90 days of the completion of the 
acquisition authorized by this section. Once established, this 
Order may only be amended or revoked by Act of Congress. 
(5) AUTHORIZATION OF APPROPRiATiONS.^There are author-
ized to be appropriated such sums as may be necessary to 
carry out the purposes of this section. 
TITLE IV—RIVERS AND TRAILS 
SEC. 401. RIO PUERCO WATERSHED. 
(a) MANAGEMENT PROGRAM.— 
(1) IN GENERAL.—^The Secretary of the Interior, acting 
through the Director of the Bureau of Land Management 
shall— 
(A) in consultation with the Rio Puerco Management 
Committee established by subsection (b)— 
(i) establish a clearinghouse for research and 
information on management within the area identified 
as the Rio Puerco Drainage Basin, as depicted on the 
map entitled "the Rio Puerco Watershed" dated June 
1994, including— 
(I) current and historical natural resource 
conditions; and 
(II) data concerning the extent and causes of 
watershed impairment; and 
' 
(ii) establish an inventory of best management 
E
ractices and related monitoring activities that have 
een or may be implemented within the area identified 
as the Rio Puerco Watershed Project, as depicted on 
the map entitled "the Rio Puerco Watershed" dated 
June 1994; £ind 
(B) provide support to the Rio Puerco Management 
Committee to identify objectives, monitor results of ongoing 
projects, and develop alternative watershed management 
110 STAT. 4146 
PUBLIC LAW 104-333—NOV. 12, 1996 
plans for the Rio Puerco Drainage Basin, based on best 
management practices. 
(2) RIO PUERCO MANAGEMENT REPORT.— 
(A) IN GENERAL.—^Not later than 2 years after the 
date of enactment of this Act, the Secretary of the Interior, 
in 
consultation 
with 
the 
Rio 
Puerco 
Management 
Committee, shall prepare a report for the improvement 
of watershed conditions in the Rio Puerco Drainage Basis 
described in paragraph (1)(A). 
(B) CONTENTS.—^The report under subparagraph (A) 
shall— 
(i) identify reasonable smd appropriate goals and 
objectives for landowners and managers in the Rio 
Puerco Watershed; 
(ii) describe potential alternative actions to meet 
the goEds and objectives, including proven best manage-
ment practices and costs associated with implementing 
the actions; 
(iii) recommend 
voluntary 
implementation 
of 
appropriate best management practices on public and 
private lands; 
(iv) 
provide 
for 
cooperative 
development 
of 
management guidelines for maintaining and improving 
the ecological, cultural, and economic conditions on 
public and private lands; 
(v) provide for the development of public participa-
tion and community outreach programs that would 
include proposals for— 
(I) cooperative efforts with private landowners 
to encourage implementation of best management 
practices within the watershed; and 
(II) involvement of private citizens in restoring 
the watershed; 
(vi) provide for the development of proposals for 
voluntary cooperative programs among the members 
of the Rio Puerco Management Committee to imple-
ment best management practices in a coordinated, 
consistent, and cost-effective manner; 
(vii) provide for the encouragement of, and support 
implementation of, best msinagement practices on 
private lands; and 
(viii) provide for the development of proposals for 
a monitoring system that— 
(I) builds on existing data available from 
private. Federal, and State sources; 
(II) provides for the coordinated collection, 
evaluation, and interpretation of additional data 
as needed or collected; and 
(III) will provide information to assess existing 
resource and socioeconomic conditions; identify 
priority implementation actions; and assess the 
effectiveness of actions taken. 
(b) RIO PUERCO MANAGEMENT COMMITTEE.— 
(1) ESTABLISHMENT.—^There is established the Rio Puerco 
Management Committee (referred to in this section as the 
"Committee"). 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4147 
(2) MEMBERSHIP.—The Committee shall be convened by 
a representative of the Bureau of Land Management and shall 
include representatives from— 
(A) the Rio Puerco Watershed Committee; 
(B) affected tribes and pueblos; 
(C) the National Forest Service of the Department 
of Agriculture; 
(D) the Bureau of Reclamation; 
(E) the United States Geological Survey; 
(F) the Bureau of Indian Affairs; 
(G) the United States Fish and Wildlife Service; 
(H) the Army Corps of Engineers; 
(I) the Natural Resources Conservation Service of the 
Department of Agriculture; 
(J) the State of New Mexico, including the New Mexico 
Environment Department of the State Engineer; 
(K) affected local soil and water conservation districts; 
(L) the Elephant Butte Irrigation District; 
(M) private landowners; and 
(N) other interested citizens. 
(3) DUTIES.—^The Rio Puerco Management Committee 
shall— 
(A) advise the Secretary of the Interior, acting through 
the Director of the Bureau of Land Management, on the 
development and implementation 
of the Rio Puerco 
Management Program described in subsection (a); and 
(B) serve as a forum for information about activities 
that 
may 
affect 
or 
further 
the 
development 
and 
implementation of the best management practices described 
in subsection (a) 
(4) TERMINATION.—^The Committee shall terminate on the 
date that is 10 years after the date of enactment of this Act. 
(c) REPORT.—^Not later than the date that is 2 years after 
the date of enactment of this Act, and biennially thereafter, the 
Secretary of the Interior, in consultation with the Rio Puerco 
Management Committee, shall transmit to the Committee on 
Energy and Natural Resources of the Senate and to the Committee 
on Resources of the House of Representatives a report containing— 
(1) a summary of activities of the management program 
under subsection (a); and 
(2) proposals for joint implementation efforts, including 
funding recommendations. 
(d) LOWER RIO GRANDE HABITAT STUDY.— 
(1) IN GENERAL.—^The Secretary of the Interior, in coopera-
tion with appropriate State agencies, shall conduct a study 
of the Rio Grande that— 
(A) shall cover the distance from Caballo Lake to 
Sunland Park, New Mexico; and 
(B) may cover a greater distance. 
(2) CONTENTS.—^The study under paragraph (1) shall 
include— 
(A) a survey of the current habitat conditions of the 
river and its riparian environment; 
(B) identification of the changes in vegetation and 
habitat over the past 400 years and the effect of the 
changes on the river and riparian area; and 
110 STAT. 4148 
PUBLIC LAW 104-333—NOV. 12, 1996 
(C) an assessment of the feasibility, benefits, and prob-
lems associated with activities to prevent further habitat 
loss and to restore habitat through reintroduction or 
establishment of appropriate native plant species. 
(3) TRANSMITTAL.—Not later than 3 years after the date 
on which funds are made available to carry out this section, 
the Secretary of the Interior shall transmit the study under 
paragraph (1) to the Committee on Energy and Natural 
Resources of the Senate and to the Committee on Resources 
of the House of Representatives. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section a total of $7,500,000 
for the 10 fiscal years beginning after the date of enactment of 
this Act. 
SEC. 402. OLD SPANISH TRAIL. 
Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following new 
paragraph: 
"( ) The Old Spanish Trail, beginning in Santa Fe, New 
Mexico, proceeding through Colorado and Utah, and ending in 
Los Angeles, California, and the Northern Branch of the Old Span-
ish Trail, beginning near Espanola, New Mexico, proceeding through 
Colorado, and ending near Crescent Junction, Utah.". 
SEC. 403. GREAT WESTERN SCENIC TRAIL. 
Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following new 
paragraph: 
"( ) The Great Western Scenic Trail, a system of trails to 
accommodate a variety of travel users in a corridor of approximately 
3,100 miles in length extending from the Arizona-Mexico border 
to the Idaho-Montana-Canada border, following the approximate 
route depicted on the map identified as 'Great Western Trail Cor-
ridor, 1988', which shall be on file and available for public inspection 
in the Office of the Chief of the Forest Service, United States 
Department of Agriculture. The trail study shall be conducted by 
the Secretary of Agriculture, in consultation with the Secretary 
of the Interior, in accordance with subsection (b) and shall include— 
"(A) the current status of land ownership and current and 
potential use along the designated route; 
"(B) the estimated cost of acquisition of lands or interests 
in lands, if any; and 
"(C) an examination of the appropriateness of motorized 
trail use along the trail.". 
SEC. 404. HANFORD REACH PRESERVATION. 
Section 2 of Public Law 100-605 is amended as follows: 
(1) By striking "INTEREVT in the section heading. 
(2) By striking "For a period of eight years after" and 
inserting "After" in subsection (a). 
(3) By striking in subsection (b) "During the eight year 
interim protection period, provided by this section, all" and 
inserting "All". 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4149 
SEC. 405. LAMPREY WILD AND SCENIC RIVER. 
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) is amended by adding the following new 
paragraph at the end thereof: 
"( ) LAMPREY RIVER, NEW HAMPSHIRE.—^The 11.5-mile segment 
extending from the southern Lee town line to the confluence with 
the Piscassic River in the vicinity of the Durham-Newmarket town 
line (hereinafter in this paragraph referred to as the 'segment') 
as a recreational river. The segment shall be administered by 
the Secretary of the Interior through cooperation agreements 
between the Secretary and the State of New Hampshire and its 
relevant political subdivisions, namely the towns of Durham, Lee, 
and Newmarket, pursuant to section 10(e) of this Act. The segment 
shall be managed in accord£mce with the Lamprey River Manage-
ment Plan dated January 10, 1995, and such amendments thereto 
as the Secretary of the Interior determines Eire consistent with 
this Act. Such plan shall be deemed to satisfy the requirements 
for a comprehensive management plan pursuant to section 3(d) 
of this Act.". 
(b) MANAGEMENT.— 
i6 use 1274 
(1) COMMITTEE.—The Secretary of the Interior shall coordi- note, 
nate his management responsibilities under this Act with 
respect to the segment designated by subsection (a) with the 
Lamprey River Advisory Committee established pursuant to 
New Hampshire RSA 483. 
(2) 
LAND 
MANAGEMENT.—^The zoning ordinances duly 
adopted by the towns of Durham, Lee, and Newmarket, New 
Hampshire, including provisions for conservation of shorelands, 
floodplains, and wetlands associated with the segment, shall 
be deemed to satisfy the standards and requirements of section 
6(c) of the Wild and Scenic Rivers Act, and the provisions 
of that section, which prohibit Federal acquisition of lands 
by condemnation, shall apply to the segment designated by 
subsection (a). The authority of the Secretary to acquire lands 
for the purposes of this paragraph shall be limited to acquisition 
by donation or acquisition with the consent of the owner thereof, 
and shall be subject to the additional criteria set forth in 
the Lamprey River Management Plan. 
(c) UPSTREAM SEGMENT.—^Upon request by the town of Epping, 
which abuts an additional 12 miles of river found eligible for des-
ignation as a recreational river, the Secretary of the Interior shall 
offer assistance regarding continued involvement of the town of 
Epping in the implementation of the Lamprey River Management 
Plan and in consideration of potential future addition of that portion 
of the river within Epping as a component of the Wild and Scenic 
Rivers System. 
SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996. 
(a) AMENDMENTS PERTAINING TO THE NEW RIVER 
GORGE 
NATIONAL RIVER.— 
(1) BOUNDARIES.—Section 1101 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by 
striking out "NERI-80,023, dated January 1987" and inserting 
"NERI-80,028A, dated March 1996". 
(2) FISH AND WILDLIFE MANAGEMENT.—Section 1106 of the 
National Parks and Recreation Act of 1978 (16 U.S.C. 460m-
20) is amended by adding the following at the end thereof: 
110 STAT. 4150 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 
460m-30. 
16 use 
460m-29a. 
"The Secretary shall permit the State of West Virginia to under-
take fish stocking activities carried out by the State, in 
consultation with the Secretary, on waters within the bound-
aries of the national river. Nothing in this Act shall be con-
strued as affecting the jurisdiction of the State of West Virginia 
with respect to fish and wildlife.". 
(3) CONFORMING AMENDMENTS.—^Title XI of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) 
is amended by adding the following new section at the end 
thereof: 
"SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW. 
"(a) COOPERATIVE AGREEMENTS.—^The provisions of section 
202(e)(1) 
of 
the 
West 
Virginia 
National 
Interest 
River 
Conservation Act of 1987 (16 U.S.C. 460ww-l(e)(l)) shall apply 
to the New River Grorge National River in the same manner and 
to the same extent as such provisions apply to the Gauley River 
National Recreation Area. 
"(b) REMNANT LANDS.—^The provisions of the second sentence 
of section 203(a) of the West Virginia National Interest River Con-
servation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts 
of land pgirtially within the boundaries of the New River Gorge 
National River in the same manner and to the same extent as 
such provisions apply to tracts of land only partially within the 
Gauley River National Recreation Area.". 
(b) VISITOR CENTER.—^The Secretary of the Interior is author-
ized to construct a visitor center and such other related facilities 
as may be deemed necessary to facilitate visitor understanding 
and enjoyment of the New River Gorge National River gmd the 
Gauley River National Recreation Area in the vicinity of the 
confluence of the New and Gauley Rivers. Such center and related 
facilities are authorized to be constructed at a site outside of the 
boundary of the New River Gorge National River or Gauley River 
National Recreation Area unless a suitable site is available within 
the boundaries of either unit. 
(c) AMENDMENTS PERTAINING TO THE GAULEY RIVER NATIONAL 
RECREATION AREA.— 
(1) TECHNICAL AMENDMENT.—Section 205(c) of the West 
Virginia National Interest River Conservation Act of 1987 (16 
U.S.C. 460ww-4(c)) is amended by adding the following at 
the end thereof: "If project construction is not commenced 
within the time required in such license, or if such license 
is surrendered at any time, such boundary modification shall 
cease to have any force and effect.". 
(2) GAULEY ACCESS.—Section 202(e) of the West Virginia 
Nation£il Interest River Conservation Act of 1987 (16 U.S.C. 
460ww-l(e)) is amended by adding the following new paragraph 
at the end thereof: 
"(4) ACCESS TO RIVER.—(A) In order to facilitate public 
safety, use, and enjoyment of the recreation area, and to protect, 
to the maximum extent feasible, the scenic and natural 
resources of the area, the Secretary is authorized and directed 
to acquire such lands or interests in lands and to take such 
actions as are necessary to provide access by noncommercial 
entities on the north side of the Gauley River at the 
area known as Woods Ferry utilizing existing roads and rights-
of-way. Such actions by the Secretary shall include the 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4151 
construction of parking and related facilities in the vicinity 
of Woods Ferry for noncommercial use on lands acquired pursu-
ant to paragraph (3) or on lands acquired with the consent 
of the owner thereof within the boundaries of the recreation 
area. 
"(B) If necessary, in the discretion of the Secretary, in 
order to minimize environmental impacts, including visual 
impacts, within portions of the recreation area immediately 
adjacent to the river, the Secretary may, by contract or other-
wise, 
provide 
transportation 
services 
for 
noncommercial 
visitors, at reasonable cost, between such parking facilities 
and the river. 
"(C) Nothing in subparagraph (A) shall affect the rights 
of any person to continue to utilize, pursuant to a lease in 
effect on April 1, 1993, any right of way acquired pursuEint 
to such lease which authorizes such person to use an existing 
road referred to in subparagraph (A). Except as provided under 
paragraph (2) relating to access immediately downstream of 
the Summersville project, until there is compliance with this 
paragraph the Secretary is prohibited from acquiring or devel-
oping any other river access points within the recreation area.", 
(d) AMENDMENTS PERTAINING TO THE BLUESTONE NATIONAL 
SCENIC RIVER.— 
(1) BOUNDARIES.—Section 3(a)(65) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(aX65)) is amended by striking out 
"WSR-BLU/20,000, and dated January 1987" and inserting 
"BLUE-80,005, dated May 1996". 
(2) PUBUC ACCESS.—Section 3(a)(65) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the 
following at the end thereof: "In order to provide reasonable 
public access and vehicle parking for public use and enjo3nnent 
of the river designated by this paragraph, consistent with the 
preservation and enhancement of the natural and scenic values 
of such river, the Secretary may, with the consent of the owner 
thereof, negotiate a memorandum of understanding or coopera-
tive agreement, or acquire not more than 10 acres of lands 
or interests in such lands, or both, as may be necessary to 
allow public access to the Bluestone River and to provide, 
outside the boundary of the scenic river, parking and related 
facilities in the vicinity of the area known as Eads Mill.". 
SEC. 407. TECHNICAL AMENDMENT TO THE WHD AND SCENIC RIVERS 
ACT. 
(a) NUMBERING OF PARAGRAPHS.—^The unnumbered paragraphs 
in section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), 
relating to each of the following river segments, are each amended 
by numbering such paragraphs as follows: 
River: 
Paragraph Number 
East Fork of Jemez, New Mexico 
(109) 
Pecos River, New Mexico 
(110) 
Smith River, California 
(Ill) 
Middle Fork Smith River, California 
(112) 
North Fork Smith River, California 
(113) 
Siskiyou Fork Smith River, California 
(114) 
South Fork Smith River, California 
(115) 
Clarks Fork, Wyoming 
(116) 
Niobrara, Nebraska 
(117) 
Missouri River, Nebraska and South Dakota 
(118) 
Bear Creek, Michigan 
(119) 
Black, Michigan 
(120) 
110 STAT. 4152 
PUBLIC LAW 104-333—NOV. 12, 1996 
Carp, Michigan 
(121) 
Indian, Michigan 
(122) 
Manistee, Mioiigan 
(123) 
Ontonagon, Michigan 
(124) 
Paint, Michigan 
(125) 
Pine, Michigan 
(126) 
Presque Isle, Michigan 
(127) 
Sturgeon, Hiawatha National Forest, Michigan 
(128) 
Sturgeon, Ottawa National Forest, Michigan 
(129) 
East Branch of the Tahqujimenon, Michigan 
(130) 
Whitefish, Michigan 
(131) 
Yellow Dog, Michigan 
(132) 
Alledieny, Pennsylvania 
(133) 
Big Piney Creek, Arkansas 
(134) 
Buffalo River, Arkansas 
(135) 
Cossatot River, Arkansas 
(136) 
Hurricane Creek, Arkansas 
(137) 
Little Missouri River, Arkansas 
(138) 
Mulberry River, Arkansas 
(139) 
North Sylamore Creek, Arkansas 
(140) 
Richland Creek, Arkansas 
(141) 
Sespe Creek, California 
(142) 
Sisquoc River, California 
(143) 
Big Sur River, California 
(144) 
Great Egg Harbor River, New Jersey 
(145) 
The Maiuice River, Middle Segment 
(146) 
The Maurice River, Middle Segment 
(147) 
The Maimce River, Upper Segment 
(148) 
The Menantico Creek, Lower Segment 
(149) 
The Menantico Creek, Upper Segment 
(150) 
Manumuskin River, Lower Segment 
(151) 
Manimiuskin River, Upper Segment 
(152) 
Muskee Creek, New Jersey 
(153) 
Red River, Kentucky 
(154) 
Rio Grande, New Mexico 
(155) 
Farmington River, Connecticut 
(156) 
16 use 1276. 
(b) STUDY RIVERS.—Section 5(a) of such Act is amended as 
follows: 
(1) Paragraph (106), relating to St. Mary's, Florida, is 
renumbered as psiragraph (108). 
(2) Paragraph (112), relating to White Clay Creek, Dela-
ware and Pennsylvania, is renumbered as paragraph (113). 
(3) The unnumbered paragraphs, relating to each of the 
following rivers, are amended by numbering such paragraphs 
as follows: 
Riven 
Paragraph Number 
Mills River, North Carolina 
(109) 
Sudbury, Assabet, and Concord, Massachusetts 
(110) 
Niobrara, Nebraska 
(Ill) 
Lamprey, New Hampshire 
(112) 
Brule, Michigan and Wisconsin 
(114) 
Carp, Michigan 
(115) 
Litue Manistee, Michigan 
(116) 
White, Michigan 
(117) 
Ontonagon, Michigan 
(118) 
Paint, Michigan 
(119) 
Presque Isle, Michigan 
(120) 
Sturgeon, Ottawa National Forest, Michigan 
(121) 
Sturgeon, Hiawatha National Forest, Michigan 
(122) 
Tahquamenon, Michigan 
(123) 
Whitefish, Michigan 
(124) 
Clarion, Pennsylvania 
(125) 
Mill Creek, Jefferson and Clarion Coimties, Pennsylvania 
(126) 
Piru Creek, California 
(127) 
Little Sur River, California 
(128) 
Matilya Creek, California 
(129) 
Lopez Creek, California 
(130) 
Sespe Creek, California 
(131) 
North Fork Merced, California 
(132) 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4153 
Delaware River, Pennsylvania and New Jersey 
(133) 
New River, West Virginia and Virginia 
(134) 
Rio Grande, New Mexico 
(135) 
SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO. 
(a) NORTH ST. VRAIN CREEK AND ADJACENT LANDS.—^The Act 
of January 26, 1915, establishing Rocky Mountain National Park 
(38 Stat. 798; 16 U.S.C. 191 et seq.), is amended by adding the 
following new section at the end thereof: 
•«EC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS. 
16 USC 195a. 
"Neither the Secretary of the Interior nor any other Federal 
agency or officer may approve or issue any permit for, or provide 
any assistance for, the construction of any new dam, reservoir, 
or impoundment on any segment of North St. Vrain Creek or 
its trioutaries within the boundaries of Rocky Mountain National 
Park or on the main stem of North St. Vrain Creek downstreeon 
to the point at which the creek crosses the elevation 6,550 feet 
above mean sea level. Nothing in this section shall be construed 
to prevent the issuance of any permit for the construction of a 
new water gauging station on North St. Vrain Creek at the point 
of its confluence with Coulson Gulch.". 
(b) ENCOURAGEMENT OF EXCHANGES.— 
i6 use i92b-9 
(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.— note. 
Promptly following enactment of this Act, the Secretary of 
. the Interior shall seek to acquire by donation or exchange 
those lands within the boundaries of Rocky Mountain Nationsd 
Park owned by the city of Longmont, Colorado, that are referred 
to in section 111(d) of the Act commonly referred to as the 
"Colorado Wilderness Act of 1980" (PubUc Law 96-560; 94 
Stat. 3272; 16 U.S.C. 192b-9(d)). 
(2) OTHER LANDS.—^The Secretary of Agriculture shall 
immediately and actively pursue negotiations with the city 
of Longmont, Colorado, concerning the cit3^s proposed exchange 
of lands owned by the city and located in and near Coulson 
Gulch for other lands owned by the United States. The Reports. 
Secretary shall report to Congress 2 calendar years after the 
date of enactment of this Act, and every 2 years thereafter 
on the progress of such negotiations until negotiations are 
complete. 
TITLE V—HISTORIC AREAS AND CIVIL 
RIGHTS 
SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL. 
Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended by adding at the end thereof the following 
new paragraph: 
"( ) The Selma to Montgomery National Historic Trail, consist-
ing of 54 miles of city streets and United States Highway 80 
from Brown Chapel A.M.E. Church in Selma to the State Capitol 
Building in Montgomery, Alabama, traveled by voting rights advo-
cates during March 1965 to dramatize the need for voting rights 
legislation, as generally described in the report of the Secretary 
of the Interior prepared pursuant to subsection (b) of this section 
entitled "Selma to Montgomery" and dated April 1993. Maps depict-
ing the route shall be on flle and available for public inspection 
110 STAT. 4154 
PUBLIC LAW 104-333—NOV. 12, 1996 
in the Office of the National Park Service, Department of the 
Interior. The trail shall be administered in accordance with this 
Act, including section 7(h). The Secretary of the Interior, acting 
through the National Park Service, which shall be the lead Federal 
agency, shall cooperate with other Federal, State and local authori-
ties to preserve historic sites along the route, including (but not 
limited to) the Edmund Pettus Bridge and the Brown Chapel A.M.E. 
Church.". 
16 use 461 note. 
SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE. 
(a) ESTABLISHMENT,—^There is established the Vancouver 
National Historic Reserve in the State of Washington (referred 
to in this section as the "Reserve"), consisting of the area described 
in the report entitled 'V^ancouver National Historic Reserve Fea-
sibility Study and Environmental Assessment" published by the 
Vancouver Historical Assessment" published by the Vancouver 
Historical Study Commission and dated April 1993 as authorized 
by Public Law 101-523 (referred to in this section as the "Vancouver 
Historic Reserve Report"). 
(b) ADMINISTRATION.—(1) The Reserve shall be administered 
through a general management plan developed in accordance with 
this section, and approved by the Secretary of the Interior and 
the Secretary of the Army. 
(2) Not later than three years after the date of enactment 
of this Act, the National Park Service shall submit to the Secretsiries 
a general management plan for the administration of the Reserve. 
(3) The general management plan shall be developed by a 
Partnership comprised of a representative from the National Park 
Service, a representative of the Historic Preservation Office of the 
State of Washington, a representative of the Department of the 
Army, and a representative of the City of Vancouver, Washington. 
(4) The general management plan shall be developed in 
accordance with the specific findings and recommendations of the 
Vancouver Historic Reserve Report, along with any other consider-
ations not otherwise in conflict with the Report, and shall include 
at a minimum a statement of purpose, an interpretive plan, and 
an economic plan for Pearson Field. 
(5) The Reserve shall not be deemed to be a new unit of 
the National Park System. 
(c) No LIMITATION ON F A A AUTHORITY.—^The establishment 
of the Reserve shall not limit— 
(1) the authority of the Federal Aviation Administration 
over air traffic control, or aviation activities at Pearson 
Airpark; or 
(2) limit operations and airspace in the vicinity of Portland 
International Airport. 
(d) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated $400,000 per year for operationsd costs for each 
fiscal year following enactment of this Act and $5,000,000 for devel-
opment costs. 
SEC. 503. EXTENSION 
OF 
KALOKO-HONOKOHAU 
ADVISORY 
COMMISSION. 
16USC396d 
(a) 
KALOKO-HONOKOHAU 
NATIONAL 
HISTORICAL 
PARK.— 
note. 
Notwithstanding section 505(f)(7) of Public Law 95-625 (16 U.S.C. 
396d(f)(7)), the Na Hoa PiU O Kaloko-Honokohau, the Advisory 
Commission for Kaloko-Honokohau National Historical Park, 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4155 
is hereby re-established in accordance with section 505(f), 
as amended by paragraph (2) of this subsection. 
(b) CONFORMING AMENDMENT.—Section 505(f)(7) of Public Law 
95-625 (16 U.S.C. 396d(7)), is amended by striking "this Act" and 
inserting in lieu thereof, "the Na Hoa Pili Kaloko-Honokohau 
Re-establishment Act of 1996". 
SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT. 
Section 3(b) of the Boston National Historical Park Act of 
1974 (16 U.S.C. 410z-l(b)) is amended by inserting "(1)" before 
the first sentence thereof and by adding the following at the end 
thereof: 
"(2) The Secretary of the Interior is authorized to enter into 
a cooperative agreement with the Boston Public Library to provide 
for the distribution of informational and interpretive materials 
relating to the park and to the Freedom Trail.". 
SEC. 505. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK. 
(a) INCLUSION OF OTHER PROPERTIES.—Section 1601(c) of Public 
Law 96-607 (16 U.S.C. 41011) is amended to read as follows: 
"(c) ESTABLISHMENT.—^To carry out the purposes of this section 
there is hereby established the Women's Rights National Historical 
Park (hereinadEler in this section referred to as the "park"). The 
park shall consist of the following designated sites in Seneca Falls 
and Waterloo, New York: 
"(1) Stanton House, 32 Washington Street, Seneca Falls; 
"(2) dwelling, 30 Washington Street, Seneca Falls; 
"(3) dwelling, 34 Washington Street, Seneca Falls; 
"(4) lot, 26-28 Washington Street, Seneca Falls; 
"(5) former Wesleyan Chapel, 126 Fall Street, Seneca Falls; 
"(6) theater, 128 Fall Street, Seneca Falls; 
"(7) McClintock House, 16 East Williams Street, Waterloo; 
"(8) Hunt House, 401 East Williams Street, Waterloo; 
"(9) not to exceed 1 acre, plus improvements, as determined 
by the Secretary, in Seneca Falls for development of a 
maintenance facility; 
"(10) dwelling, 1 Seneca Street, Seneca Falls; 
i 
"(11) dwelling, 10 Seneca Street, Seneca Falls; 
"(12) parcels adjacent to Wesleyan Chapel Block, including 
Clinton Street, Fall Street, and M3mderse Street, Seneca 
Falls; and 
"(13) dwelling, 12 East Williams Street, Waterloo.". 
"(b) MISCELLANEOUS AMENDMENTS.—Section 1601 of Public 
Law 96-607 (16 U.S.C. 41011) is amended by redesignating sub-
section (i) as "(i)(l)" and inserting at the end thereof the following 
new paragraph: 
"(2) In addition to those sums appropriated prior to the date Appropriation 
of enactment of this paragraph for land acquisition and develop- authorization, 
ment, there is hereby authorized to be appropriated an additional 
$2,000,000.". 
SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION. 
40USC1003 
The legislative authority for the Black Revolutionary War 
Patriots Foundation to establish a commemorative work (as defined 
by the Commemorative Works Act (40 U.S.C. 1001 et seq.)) shall 
expire October 27, 1998, notwithstanding the time period limitation 
specified in section 10(b) of that Act (40 U.S.C. 1010(b)). 
110 STAT. 4156 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 470a 
SEC. 507. HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES 
note. 
HISTORIC BUILDING RESTORATION AND PRESERVATION. 
(a) AUTHORITY TO MAKE GRANTS.—^From the amounts made 
available to carry out the National Historic Preservation Act, the 
Secretary of the Interior shall make grants in accordance with 
this section to eligible historically black colleges and universities 
for the preservation and restoration of historic buildings and 
structures on the campus of these institutions. 
(b) GRANT CONDITIONS.—Orants made under subsection (a) 
shall be subject to the condition that the grantee covenants, for 
the period of time specified by the Secretary, that— 
(1) no alteration will be made in the property with respect 
to which the grant is made without the concurrence of the 
Secretary; and 
(2) reasonable public access to the property with respect 
to which the grant is made will be permitted by the grantee 
for interpretive and educational purposes. 
(c) MATCHING REQUIREMENT FOR BUILDINGS AND STRUCTURES 
LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.—(1) 
Except as provided by paragraph (2), the Secretary may obligate 
funds made available under this section for a grant with respect 
to a building or structure listed on, or eligible for listing on, the 
National Register of Historic Places only if the grantee agrees 
to match, from funds derived from non-Federal sources, the amount 
of the grant with an amount that is equal or greater than the 
grant. 
(2) The Secretary may waive paragraph (1) with respect to 
a grant if the Secretary determines from circumstances that an 
extreme emergency exists or that such a waiver is in the public 
interest to assure the preservation of historically 
significant 
resources. 
(d) 
FUNDING PROVISION.—^Pursuant to section 
108 
of 
the 
National Historic Preservation Act, $29,000,000 shall be made avail-
able to carry out the purposes of this section. Of amounts made 
available pursuant to this section, $5,000,000 shall be avsiilable 
for grants to Fisk University, $2,500,000 shall be available for 
grants to Knoxville College, $2,000,000 shall be available for grants 
to Miles College, Alabama, $1,500,000 shall be available for grants 
to Talladega College, Alabama, $1,550,000 shall be available for 
grants to Selma University, Alabama, $250,000 shall be available 
for grants to Stillman College, Alabama, $200,000 shall be available 
for grants to Concordia College, Alabama, $2,900,000 shall be avail-
able for grants to Allen University, South Carolina, $1,000,000 
shall be available for grants to Claflin College, South Carolina, 
$2,000,000 shall be available for grants to Voorhees College, South 
Carolina, $1,000,000 shall be available for grants to Rust College, 
Mississippi, and $3,000,000 shall be available for grants to Tougaloo 
College, Mississippi. 
(e) REGULATIONS.—^The Secretary shall develop such guidelines 
as may be necessary to carry out this section. 
(f) DEFINITIONS.—^For the purposes of this section: 
(1) HISTORICALLY BLACK COLLEGES.—^The term "historically 
black colleges and universities" has the same meaning given 
the term "part B institution" by section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061). 
(2) HISTORIC BUILDING AJTO STRUCTURES.—^The term "his-
toric building and structures" means a building or structure 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4157 
listed on, or eligible for listing on, the National Register of 
Historic Places or designated a National Historic Landmark. 
SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR. 
40USC1003 
(a) IN GENERAL.—^The Secretary of the Interior is authorized Alpha Phi Alpha 
to permit the Alpha Phi Alpha Fraternity to establish a memorial Fraternity. 
on lands under the administrative jurisdiction of the Secretary 
in the District of Columbia or its environs to honor Martin Luther 
King, Jr., pursuant to the Commemorative Works Act of 1986. 
(b) 
COMPLIANCE 
WITH 
STANDARDS 
FOR 
COMMEMORATIVE 
WORKS.—^The establishment of the memorial shall be in accordance 
with the Act entitled "An Act to provide standards for placement 
of commemorative works on certain Federal lands in the District 
of Columbia and its environs, and for other purposes" approved 
November 14,1986 (40 U.S.C. 1001 et seq.). 
(c) PAYMENT OF EXPENSES.—^The Alpha Phi Alpha Fraternity 
shall be solely responsible for acceptance of contributions for, and 
payment of the expenses of, the establishment of the memorial. 
No Federal funds may be used to pay any expense of the establish-
ment of the memorial. 
(d) DEPOSIT OF EXCESS FUNDS.—If, upon payment of all 
expenses of the establishment of the memorial (including the 
maintenance and preservation amount provided for in section 8(b) 
of the Act referred to in section 4401(b)), or upon expiration of 
the authority for the memorial under section 10(b) of that Act, 
there remains a balance of funds received for the establishment 
of the memorial, the Alpha Phi Alpha Fraternity shadl transmit 
the amount of the balance to the Secretary of the Treasury for 
deposit in the account provided for in section 8(b)(1) of that Act. 
SEC. 509. ADVISORY 
COUNCIL 
ON 
mSTORIC 
PRESERVATION 
REAUTHORIZATION. 
(a) REAUTHORIZATION.—^The last sentence of section 212(a) of 
the National Historic Preservation Act (16 U.S.C. 470 et seq.) l6USC470t. 
is amended to read as follows: "There are authorized to be appro-
priated for the purposes of this title not to exceed $4,000,000 
in each fiscal year 1997 through 2000.". 
(b) REPORTING REQUIREMENTS.—^Within 18 months after the i6USC470f 
date of enactment of this Act, the Advisory Council on Historic °ote. 
Preservation shall submit a report to the appropriate congressional 
committees containing an analysis of alternatives for modifying 
the regulatory process for addressing impacts of Federal actions 
on nationally significant historic properties, as well as alternatives 
for 
future 
promulgation 
and 
oversight 
of 
regulations 
for 
implementation of section 106 of the National Historic Preservation 
Act. 
(c) TECHNICAL AMENDMENTS.—^Title II of the National Historic 
Preservation Act (16 U.S.C. 470 et seq.) is amended as follows: 
(1) By striking "appointed" in section 201(a)(4) and 
l6USC470i. 
inserting "designated". 
(2) By striking "and 10" in section 201(c) and inserting 
"through (11)". 
(3) By adding the following new section after section 214: 
"SEC. 215. Subject to applicable conflict of interest laws, the 
l6USC470v-l. 
Council may receive reimbursements from State and local agencies 
and others pursuant to agreements executed in furtherance of the 
purposes of this Act.". 
110 STAT. 4158 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 470m. 
(4) By amending subsection (g) of section 205 to read as 
follows: 
"(g) Any Federal agency may provide the Council, with or 
without reimbursement as may be agreed upon by the Chairman 
and the agency, with such funds, personnel, facilities and services 
under its jurisdiction and control as may be needed by the Council 
to carry out its duties, to the extent that such funds, personnel, 
facilities, and services are requested by the Council and are other-
wise available for the purpose. Any funds provided to the Council 
pursuant to this subsection must be expended by the end of the 
fiscal year following the fiscal year in which the funds are received 
by the Council. To the extent of available appropriations, the Coun-
cil may obtain by purchase, rental, donation, or otherwise, such 
additionsd property facilities, and services as may be needed to 
carry out its duties and may also receive donations of moneys 
for such purpose, and the Executive Director is authorized, in 
his discretion, to accept, hold, use, expend, and administer the 
same for the purposes of this Act.". 
16 u s e 461 note. 
SEC. 510. GREAT FALLS fflSTOMC DISTRICT, NEW JERSEY. 
(a) PURPOSES.—^The purposes of this section are— 
(1) to preserve and interpret, for the educational and 
inspirational benefit of the public, the contribution of our 
national heritage of certain historic and cultural lands and 
edifices of the Great Falls Historic District, with emphasis 
on 
harnessing 
this 
unique 
urban 
environment 
for 
its 
educational and recreational value; and 
(2) to enhance economic and cultural redevelopment within 
the District. 
(b) DEFINITIONS.—^In this section: 
(1) DISTRICT.—^The term "District" means the Great Falls 
Historic District established by subsection (c). 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(3) HISTORIC INFRASTRUCTURE.—^The term "historic infra-
structure" means the District's historic raceway system, all 
four stories of the original Colt Gun Mill, including belltower, 
and any other structure that the Secretary determines to be 
eligible for the National Register of Historic Places. 
(c) GREAT FALLS HISTORIC DISTRICT.— 
(1) ESTABLISHMENT.—^There is established the Great Falls 
Historic District in the city of Paterson, in Passaic County, 
New Jersey. 
(2) BOUNDARIES.—^The boundaries of the District shall be 
the boundaries specified by the Great Falls Historic District 
listed on the National Register of Historic Places. 
(d) DEVELOPMENT PLAN.—^The Secretary may make grants and 
enter into cooperative agreements with the State of New Jersey, 
local governments, and private nonprofit entities under which the 
Secretary agrees to pay not more than 50 percent of the costs 
of— 
(1) preparation of a plan for the development of historic, 
architectural, natural, cultural, and interpretive resources 
within the District; 
(2) implementation of projects approved by the Secretary 
under the development plan; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4159 
(3) a market analysis assessing the economic development 
potential of the District and recommending steps to be taken 
to encourage economic development and revitalization in a man-
ner consistent with the District's historic character. 
(e) 
RESTORATION, PRESERVATION, AND INTERPRETATION OF 
PROPERTIES.— 
(1) COOPERATIVE AGREEMENTS.—^The Secretary may enter 
into cooperative agreements with the State of New Jersey, 
local governments and nonprofit entities owning property 
within the District under which the Secretary may— 
(A) pay not more than 50 percent of the cost of 
restoring, repairing, rehabilitating, and improving historic 
infrastructure within the District; 
(B) provide technical assistance with respect to the 
preservation and interpretation of properties within the 
District; and 
(C) mark and provide interpretation of properties 
within the District. 
(2) PROVISIONS.—A cooperative agreement under paragraph 
(1) shall provide that— 
(A) the Secretary shsdl have the right of access at 
reasonable times to public portions of the property for 
interpretive and other purposes; 
(B) no change or alteration may be made in the prop-
erty except with the agreement of the property owner, 
the Secretary, and any Federal agency that may have 
regulatory jurisdiction over the property; and 
(C) any construction grant made under this section 
shall be subject to an agreement that provides that conver-
sion, use, or disposal of the project so assisted for purposes 
contrEiry to the purposes of this section shall result in 
a right of the United States to compensation from the 
beneficiary of the grant, and that provides for a schedule 
for such compensation based on the level of Federal invest-
ment and the anticipated useful life of the project. 
(3) APPLICATIONS.— 
(A) IN GENERAL.—^A property owner that desires to 
enter into a cooperative agreement under paragraph (1) 
shall submit to the Secretary an application describing 
how the project proposed to be funded will further the 
purposes of the District. 
(B) CONSIDERATION.—In making such funds available 
under this subsection, the Secretary shall give consider-
ation to projects that provide a greater leverage of Federal 
funds. 
(f) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated from the Historic Preservation Fund authorized 
under the National Historic Preservation Act to the Secretary to 
carry out this section— 
(1) $250,000 for grants and cooperative agreements for 
the development plan under subsection (d); and 
(2) $50,000 for the provision of technical assistance and 
$3,000,000 for the provision of other assistance under coopera-
tive agreements under subsection (e). 
SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT. 
16 USC 410ddd. 
(a) FINDINGS AND PURPOSES.— 
110 STAT. 4160 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) FINDINGS.—The Congress finds that— 
(A) the New Bedford National Historic Landmark 
District and sissociated historic sites as described in sub-
section (c)(2), including the Schooner Emestina, 
are 
National Historic Landmarks and are listed on the National 
Register of Historic Places as historic sites associated with 
the history of whaling in the United States; 
(B) the city of New Bedford was the 19th century 
capital of the world's whaling industry and retains signifi-
cant 
architectural 
features, 
archival 
materials, 
and 
museum collections illustrative of this period; 
(C) New Bedford's historic resources provide unique 
opportunities 
for 
illustrating 
and 
interpreting 
the 
whaling industry's contribution to the economic, social, and 
environmental history of the United States Eind provide 
opportunities for public use and enjo5rment; and 
(D) during the nineteenth century, over two thousand 
whaling voyages sailed out of New Bedford to the Arctic 
region of Alaska, and joined Alaska Natives from Barrow, 
Alaska and other areas in the Arctic region in subsistence 
whaling activities; and 
(E) the National Park System presently contains no 
sites commemorating whaling and its contribution to 
American history. 
(2) PURPOSES.—^The purposes of this section are— 
(A) to help preserve, protect, and interpret 
the 
resources within the areas described in subsection (c)(2), 
including architecture, setting, and associated archival and 
museum collections; 
(B) to collaborate with the city of New Bedford and 
with associated historical, cultural, and 
preservation 
organizations to further the purposes of the park estab-
lished under this section; and 
(C) to provide opportunities for the inspirational benefit 
and education of the American people. 
(b) DEFINITIONS.—For the purposes of this section— 
(1) the term "park" means the New Bedford Whaling 
National Historical Park established by subsection (c); and 
(2) the term "Secretary" means the Secretary of the 
Interior. 
(c) NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.— 
(1) ESTABLISHMENT.—In order to preserve for the benefit 
and inspiration of the people of the United States as a national 
historical park certain districts structures, and relics located 
in New Bedford, Massachusetts, and associated with the history 
of whaling and related social and economic themes in America, 
there is established the New Bedford Whaling National 
Historical Park. 
(2) BOUNDARIES.—(A) The boundaries of the park shall 
be those generally depicted on the map numbered NAR-P49-
80,000-4 and dated June 1994. Such map shall be on file 
and available for public inspection in the appropriate offices 
of the National Park Service. In case of any conflict between 
the descriptions set forth in clauses (i) through (iv) and such 
map, 
such map shall govern. The park shall include the 
following: 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4161 
(i) The area included with the New Bedford National 
Historic Landmark District, known as the Bedford Landing 
Waterfront Historic District, as listed within the National 
Register of Historic Places and in the Massachusetts State 
Register of Historic Places. 
(ii) 
The 
National 
Historic 
Landmark 
Schooner 
Emestina, with its home port in New Bedford. 
(iii) The land along the eastern boundary of the New 
Bedford National Historic Landmark District over the east 
side of MacArthur Drive from the Route 6 overpass on 
the north to an extension of School Street on the south, 
(iv) The land north of Elm Street in New Bedford, 
bounded by Acushnet Avenue on the west, Route 6 (ramps) 
on the north, MacArthur Drive on the east, and Elm Street 
on the south. 
(B) In addition to the sites, areas, and relics referred to 
in subparagraph (A), the Secretary may assist in the interpreta-
tion and preservation of each of the following: 
(i) The southwest comer of the State Pier. 
(ii) Waterfront 
Park, immediately south of land 
adjacent to the State Pier. 
(iii) The Rotch-Jones-Duff House and Garden Museum, 
located at 396 County Street. 
(iv) The Wharfinger Building, located on Piers 3 
and 4. 
(v) The Bourne Counting House, located on Merrill's 
Wharf. 
(d) RELATED FACILITIES.—^To ensure that the contribution of 
Alaska Natives to the history of whaling in the United States 
is fully recognized, the Secretary shall provide— 
(1) financial and other assistance to establish links between 
the New Bedford Whaling National Historical Park and the 
North Slope Borough Cultural Center, located in Barrow, 
Alaska; and 
(2) to provide appropriate assistance and funding for the 
North Slope Borough Cultural Center. 
(e) ADMINISTRATION OF PARK.— 
(1) IN GENERAL.—^The park shall be administered by the 
Secretary in accordance with this section and the provisions 
of law generally applicable to units of the National Park 
System, including the Act entitled "An Act to establish a 
National Park Service, and for other purposes", approved 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and 
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467). 
(2) 
COOPERATIVE AGREEMENTS.—(A) The 
Secretary 
may 
consult and enter into cooperative agreements with interested 
entities and individuals to provide for the preservation, develop-
ment, interpretation, and use of the park. 
(B) Any payment made by the Secretary pursuant to a 
cooperative agreement under this paragraph shall be subject 
to an agreement that conversion, use, or disposal of the project 
so assisted for purposes contrary to the purposes of this section, 
as determined by the Secretary, shall result in a right of 
the United States to reimbursement of all funds made available 
to such project or the proportion of the increased value of 
110 STAT. 4162 
PUBLIC LAW 104-333—NOV. 12, 1996 
the project attributable to such funds as determined at the 
time of such conversion, use, or disposal, whichever is greater. 
(3) NON-FEDERAL MATCHING REQUIREMENTS.—(A) Funds 
authorized to be appropriated to the Secretary for the purposes 
of— 
(i) cooperative agreements under paragraph (2) shall 
be expended in the ratio of one dollar of Federal funds 
for each four dollars of funds contributed by non-Federal 
sources; and 
(ii) construction, restoration, and rehabilitation of visi-
tors and interpretive facilities (other than annual operation 
and maintenance costs) shall be expended in the ratio 
of one dollar of Federal funds for each one dollar of funds 
contributed by non-Federal sources. 
(B) For the purposes of this paragraph, the Secretary is 
authorized to accept from non-Federal sources, and to utilize 
for purposes of this section, any money so contributed. With 
the approval of the Secretary, any donation of property, serv-
ices, or goods from a non-Federal source may be considered 
as a contribution of funds from a non-Federal source for the 
purposes of this paragraph. 
(4) ACQUISITION OF REAL PROPERTY.—For the purposes of 
the park, the Secretary may acquire only by donation such 
lands, interests in lands, and improvements thereon within 
the park as are needed for essentisQ visitor contact and interpre-
tive facilities. 
(5) OTHER PROPERTY, FUNDS, AND SERVICES.—^The Secretary 
may accept donated funds, property, and services to carry out 
this section. 
(e) GENERAL MANAGEMENT PLAN.—^Not later than the end of 
the second fiscal year beginning after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a general management plan 
for the park and shall implement such plan as soon as practically 
possible. The plan shall be prepared in accordance with section 
12(b) of the Act of August 18, 1970 (16 U.S.C. la-7(b)) and other 
applicable law. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), there 
are authorized to be appropriated such sums as may be 
necessary to carry out annual operations and maintenance with 
respect to the park and to carry out the activities under section 
3(D). 
(2) EXCEPTIONS.—^In canying out this section— 
(A) not more than $2,000,000 may be appropriated 
for construction, restoration, and rehabilitation of visitor 
and interpretive facilities, and directional and visitor 
orientation signage; 
(B) none of the funds authorized to be appropriated 
by this section may be used for the operation or mainte-
nance of the Schooner Emestina; and 
(C) not more than $50,000 annually of Federal funds 
may be used for interpretive and education programs for 
the Schooner Emestina pursuant to cooperative grants 
under subsection (d)(2). 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4163 
SEC. 512. NICODEMUS NATIONAL mSTORIC SITE. 
16 USC 461 note. 
(a) FINDINGS AND PURPOSES.— 
(1) FINDINGS.—Congress finds that— 
(A) the town of Nicodemus, in Kansas, has national 
significance as the only remaining western town estab-
lished by Afidcan-Americans during the Reconstruction 
period following the Civil War; 
(B) the town of Nicodemus is symbolic of the pioneer 
spirit of Afican-Americans who dared to leave the only 
region they had been familiar with to seek personal freedom 
and the opportunity to develop their talents and capabili-
ties; and 
(C) the town of Nicodemus continues to be a valuable 
African-American community. 
(2) PURPOSES.—^The purposes of this section are— 
(A) to preserve, protect, and interpret for the benefit 
and enjoyment of present and future generations, the 
remaining structures and locations that represent the his-
tory (including the settlement and growtn) of the town 
of Nicodemus, Kansas; and 
(B) to interpret the historical role of the town of 
Nicodemus in the Reconstruction period in the context 
of the experience of westward expansion in the United 
States. 
(b) DEFINITIONS.—In this section: 
(1) HISTORIC SITE.—^The term "historic site" means the 
Nicodemus National Historic Site established by subsection 
(c). 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(c) ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.— 
(1) ESTABLISHMENT,—^There is established the Nicodemus 
National Historic Site in Nicodemus, Kansas. 
(2) DESCRIPTION.— 
(A) IN GENERAL.—^The historic site shall consist of the 
first B^tist Church, the St. Francis Hotel, the Nicodemus 
School District Number 1, the African Methodist Episcopal 
Church, and the Township Hall located within the approxi-
mately 161.35 acres designated as the Nicodemus National 
Landmark in the Township of Nicodemus, Graham County, 
Kansas, as registered on the National Register of Historic 
Places pursuant to section 101 of the National Historic 
Preservation Act (16 U.S.C. 470a), and depicted on a map 
entitled "Nicodemus National Historic Site", numbered 
80,000 and dated August 1994. 
(B) 
MAP AND BOUNDARY 
DESCRIPTION.—The 
map 
referred to in subparagraph (A) and accompanying bound-
ary description shall be on file and available for public 
inspection in the office of the Director of the National 
Park Service and any other office of the National Park 
Service that the Secretary determines to be an appropriate 
location for filing the map and boundary description. 
(d) ADMINISTRATION OF THE HISTORIC SITE.— 
(1) IN GENERAL.—^The Secretary shall administer the 
historic site in accordance with this section and the provisions 
of law generally applicable to units of the National Park Sys-
tem, including the Act entitled "An Act to establish a National 
110 STAT. 4164 
PUBLIC LAW 104-333—NOV. 12, 1996 
Park Service, and for other purposes", approved August 25, 
1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 
(49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). 
(2) COOPERATIVE AGREEMENTS.—^To further the purposes 
of this section, the Secretary may enter into a cooperative 
agreement with any interested individual, pubUc or private 
agency, organization, or institution. 
(3) TECHNICAL AND PRESERVATION ASSISTANCE.— 
(A) IN GENERAL.—^The Secretary may provide to any 
eUgible person described in subparagraph (B) technical 
assistance for the preservation of historic structures of, 
the maintenance of the cultural landscape of, and local 
preservation planning for, the historic site. 
(B) ELIGIBLE PERSONS.—^The eligible persons described 
in this subparagraph are— 
(i) an owner of real property within the boundary 
of the historic site, as described in subsection (c)(2); 
and 
(ii) any interested individual, agency, organization, 
or institution that has entered into an agreement with 
the Secretary pursuant to paragraph (2). 
(e) ACQUISITION OF REAL PROPERTY.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
is authorized to acquire by donation, exchange, or purchase 
with funds made available by donation or appropriation, such 
lands or interests in lands as may be necessary to allow for 
the interpretation, preservation, or restoration of the First 
Baptist Church, the St. Francis Hotel, the Nicodemus School 
District Number 1, the African Methodist Episcopal Church, 
or the Township Hsdl, as described in subsection (c)(2)(A), or 
any combination thereof. 
(2) LIMITATIONS.— 
(A) ACQUISITION OF PROPERTY OWNED BY THE STATE 
OF KANSAS.—^Real property that is owned by the State 
of Kansas or a political subdivision of the State of Kansas 
that is acquired pursuant to paragraph (1) may only be 
acquired by donation. 
(B) CONSENT OF OWNER REQUIRED.—^No real property 
may be acquired under this subsection without the consent 
of the owner of the real property. 
(f) GENERAL MANAGEMENT PLAN.— 
(1) IN GENERAL.—^Not later than the last day of the third 
full fiscal year beginning after the date of enactment of this 
Act, the Secretary shall, in consultation with the officials 
described in paragraph (2), prepare a general management 
plan for the historic site. 
(2) CONSULTATION.—In prepsiring the general management 
plan, the Secretary shall consult with an appropriate official 
of each of the following: 
(A) The Nicodemus Historical Society. 
(B) The Kansas Historical Society. 
(C) Appropriate political subdivisions of the State of 
Kansas that have jurisdiction over all or a portion of the 
historic site. 
(3) 
SUBMISSION OF PLAN 
TO CONGRESS.—^Upon 
the 
completion of the genersd management plan, the Secretary shall 
submit a copy of the plan to the Committee on Energy and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4165 
Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Department of the Interior such sums 
as are necessary to carry out this section. 
SEC. 513. UNALASKA. 
(a) SHORT TITLE.—^This section may be cited as the "Aleutian 
World War II National Historic Areas Act of 1996". 
(b) PURPOSE.—^The purpose of this section is to designate and 
preserve the Aleutigin World War II National Historic Area within 
lands owned by the Ounalaska Corporation on the islemd of 
Amaknak, Alaska and to provide for the interpretation, for the 
educationgd and inspirational benefit of present and future genera-
tions, of the unique and significant circumstances involving the 
history of the Aleut people, and the role of the Aleut people and 
the Aleutian Islands in the defense of the United States in World 
War II. 
(c) BOUNDARIES.—^The Aleutian World War II National Historic 
Area whall be comprised of areas on Amaknak Island depicted 
on the map entitled "Aleutian World War II National Historic 
Area". 
(d) TERMS AND CONDITIONS.—Nothing in this section shall— 
(1) authorize the conveyance of leinds between the 
Ounalaska Corporation and the United States Department of 
the Interior, nor remove land or structures appurtenant to 
the Isind from the exclusive control of the Ounalaska Corpora-
tion; or 
(2) provide authority for the Department of the Interior 
to assume the duties associated with the daily operation for 
the historic area or any of its facilities or structures. 
(e) TECHNICAL ASSISTANCE.—^The Secretary of the Interior may 
award grants and provide technical assistance to the Ounalaska 
Corporation and the City of Unalaska to assist with the planning, 
development, and historic preservation from any program funds 
authorized by law for technical assistance, land use planning or 
historic preservation. 
SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to assist in the effort to timely establish within the 
District of Columbia a national memorigd to Japanese American 
patriotism in World War II; and 
(2) to improve management of certain parcels of Federal 
real property located within the District of Columbia, 
by the transferring jurisdiction over such parcels to the Architect 
of the Capitol, the Secretary of the Interior, and the Grovemment 
of the District of Columbia. 
(b) TRANSFERS OF JURISDICTION.— 
(1) IN GENERAL.—Effective on the date of the enactment 
of this Act and notwithstanding any other provision of law, 
jurisdiction over the parcels of Federal real property described 
in paragraph (2) is transferred without additional consideration 
as provided by paragraph (2). 
(2) SPECIFIC TRANSFERS.— 
(A) TRANSFERS TO SECRETARY OF THE INTERIOR.— 
(i) IN GENERAL.—Jurisdiction over the following 
parcels is transferred to the Secretary of the Interior: 
Aleutian World 
War II National 
Historic Areas 
Act of 1996. 
16 use 461 note. 
40 use 193a 
note, 1003 note. 
Effective date. 
110 STAT. 4166 
PUBLIC LAW 104-333—NOV. 12, 1996 
(I) That triangle of Federal land, including 
any contiguous sidewalks and tree space, that is 
part of the United States Capitol Grounds under 
the jurisdiction of the Architect of the Capitol 
bound by D Street, N.W., New Jersey Avenue, 
N.W., and Louisiana Avenue, N.W., in square 
W632 in the District of Columbia, as shown on 
the Map Showing Properties Under Jurisdiction 
of the Architect of the Capitol, dated November 
8, 1994. 
(II) That triangle of Federal land, including 
any contiguous sidewalks and tree space, that is 
part of the United States Capitol Grounds under 
the jurisdiction of the Architect of the Capitol 
bound by C Street, N.W., First Street, N.W., and 
Louisiana Avenue, N.W., in the District of Colum-
bia, as shown on the Map Showing Properties 
Under Jurisdiction of the Architect of the Capitol, 
dated November 8, 1994. 
(ii) LIMITATION.—^The parcels transferred by clause 
(i) shall not include those contiguous 
sidewalks 
abutting Louisiana Avenue, N.W., wWch shall remain 
part of the United States Capitol Grounds under the 
jurisdiction of the Architect of the Capitol. 
(iii) 
CONSIDERATION 
AS 
MEMORIAL 
SITE.—^The 
parcels transferred by subclause (I) of clause (i) may 
be considered as a site for a national memorial to 
Japanese American patriotism in World War II. 
(B) 
TRANSFERS 
TO ARCHITECT OF THE 
CAPITOL.— 
Jurisdiction over the following parcels is transferred to 
the Architect of the Capitol: 
(i) That portion of the triangle of Federal land 
in Reservation No. 204 in the District of Columbia 
under the jurisdiction of the Secretary of the Interior, 
including any contiguous sidewalks, bound by Constitu-
tion Avenue, N.E., on the north, the branch of 
Maryland Avenue, N.E., running in a northeast direc-
tion on the west, the major portion of Maryland 
Avenue, N.E., on the south, and 2nd Street, N.E., 
on the east, including the contiguous sidewalks. 
(ii) That irregular area of Federal land in Reserva-
tion No. 204 in the District of Columbia under the 
jurisdiction of the Secretary of the Interior, including 
any contiguous sidewalks, northeast of the real prop-
erty described in clause (i) bound by Constitution 
Avenue, N.E., on the north, the branch of Maryland 
Avenue, N.E., running to the northeast on the south, 
and the private property on the west known as lot 
7, in square 726. 
(iii) The two irregularly shaped medians lying 
north and east of the property described in clause 
(i), located between the north and south curbs of 
Constitution Avenue, N.E., west of its intersection with 
Second Street, N.E., all as shown in Land Record No. 
268, dated November 22, 1957, in the Office of the 
Surveyor, District of Columbia, in Book 138, Page 58. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4167 
(iv) All sidewalks under the jurisdiction of the 
District of Columbia abutting on and contiguous to 
the land described in clauses (i), (ii), and (iii). 
(C) TRANSFERS TO DISTRICT OF COLUMBIA.—Jurisdiction 
over the following parcels is transferred to the Grovemment 
of the District of Columbia: 
(i) That portion of New Jersey Avenue, N.W., 
between the northernmost point of the intersection 
of New Jersey Avenue, N.W., and D Street, N.W., 
and the northernmost point of the intersection of New 
Jersey Avenue, N.W., and Louisiana Avenue, N.W., 
between squares 631 and W632, which remains Federal 
property. 
(ii) That portion of D Street, N.W., between its 
intersection with New Jersey Avenue, N.W., and its 
intersection with Louisiana Avenue, N.W., between 
squares 630 and W632, which remains 
Federal 
property. 
(c) MISCELLANEOUS.— 
(1) COMPLIANCE WITH OTHER LAWS.—Compliance with this 
section shsdl be deemed to satisfy the requirements of all laws 
otherwise applicable to transfers of jurisdiction over parcels 
of Federal real property. 
(2) LAW ENFORCEMENT RESPONSIBILITY.—Law enforcement 
responsibility for the parcels of Federal real property for which 
jurisdiction is tremsferred by subsection (b) shall be assumed 
by the person acquiring such jurisdiction. 
(3) UNITED STATES CAPITOL GROUNDS.— 
(A) DEFINITION.—^The first section of the Act entitled 
"An Act to define the United States Capitol Grounds, to 
regulate the use thereof, and for other purposes", approved 
July 31, 1946 (40 U.S.C. 193a), is amended to include 
within the definition of the United States Capitol Grounds 
the parcels of Federal real property described in subsection 
(b)(2)(B). 
(B) JURISDICTION OF CAPITOL POLICE.—^The United 
States Capitol Police shall have jurisdiction over the parcels 
of Federal real property described in subsection (b)(2)(B) 
in accordance with section 9 of such Act of July 31, 1946 
(40 U.S.C. 212a). 
(4) 
EFFECT 
OF TRANSFERS.—A 
person 
relinquishing 
jurisdiction over a parcel of Federal real property transferred 
by subsection (b) snail not retain any interest in the parcel 
except as specifically provided by this section. 
SEC. 515. MANZANAR NATIONAL mSTORIC SITE. 
16 USC 461 note. 
(a) TERMINATION OF WITHDRAWALS.— 
(1) UNAVAILABILITY OF CERTAIN LANDS.—^The Congress, by 
enacting the Act entitled "An Act to establish the Manzanar 
National Historic Site in the State of California, and for other 
purposes", approved March 3, 1992 (106 Stat. 40; Public Law 
102-248), (1) provided for the protection and interpretation 
of the historical, cultural, and natural resources associated 
with the relocation of Japanese-Americans during World War 
II and established the Manzanar National Historic Site in 
the State of California, and (2) authorized the Secretary of 
the Interior to acquire lands or interests therein within the 
110 STAT. 4168 
PUBLIC LAW 104-333—NOV. 12, 1996 
boundary of the Historic Site by donation, purchase with 
donated or appropriated funds, or by exchange. The pubUc 
lands identified for disposal in the Bureau of Land Manage-
ment's Bishop Resource Area Resource Management Plan that 
could be made available for exchange in support of acquiring 
Isinds within the boundary of the Historic Site are currently 
unavailable for this purpose because they are withdrawn by 
an Act of Congress. 
(2) TERMINATION OF WITHDRAWAL.—^To provide a land base 
with which to allow land exchanges in support of acquiring 
lands within the boundary of the Manzanar National Historic 
Site, the withdrawal of the following described lands is termi-
nated and such lands shall not be subject to the Act of March 
4, 1931 (chapter 517; 46 Stat. 1530): 
MOUNT DIABLO MERIDIAN 
Township 2 North, Range 26 East 
Section 7: 
North half south half of lot 1 of southwest quarter, north 
half south half of lot 2 of southwest quarter, north half south 
half southeast quarter. 
Township 4 South, Range 33 East 
Section 31: 
Lot 1 of southwest quarter, northwest quarter northeast 
quarter, southeast quarter; 
Section 32: 
Southeast quarter northwest quarter, northeast quarter 
southwest quarter, southwest quarter southeast quarter. 
Township 5 South, Range 33 East 
Section 4: 
West half of lot 1 of northwest quarter, west half of lot 
2 of northwest quarter. 
Section 5: 
East half of lot 1 of northeast quarter, east half of lot 
2 of northeast quarter. 
Section 9: 
Northwest quarter southwest quarter northeast quarter. 
Section 17: 
Southeast quarter northwest quarter, northwest quarter 
southeast quarter. 
Section 22: 
Lot 1 and 2. 
Section 27: 
Lot 2, west half northeast quarter, southeast quarter north-
west quarter, northeast quarter southwest quarter, northwest 
quarter southeast quarter. 
Section 34: 
Northeast quarter, northwest quarter, southeast quarter. 
. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4169 
Township 6 South, Range 31 East 
Section 19: 
East half northeast quarter southeast quarter. 
Township 6 South, Range 33 East 
Section 10: 
East half southeast quarter. 
Section 11: 
Lot 1 and 2, west half northeast quarter, northwest quarter, 
west half southwest quarter, northeast quarter southwest 
quarter. 
Section 14: 
Lots 1 through 4, west half northeast quarter, southeast 
quarter 
northwest 
quarter, 
northeast 
quarter 
southwest 
quarter, northwest quarter southeast quarter. 
Township 7 South, Range 32 East 
Section 23: 
South half southwest quarter. 
Section 25: 
Lot 2, northeast quarter northwest quarter. 
Township 7 South, Range 33 East 
Section 30: 
South half of lot 2 of northwest quarter, lot 1 and 2 of 
southwest quarter. 
Section 31: 
North half of lot 2 of northwest quarter, southeast quarter 
northeast quarter, northeast quarter southeast quarter. 
Township 8 South, Range 33 East 
Sections: 
Northwest quarter southwest quarter. 
Township 13 South, Range 34 East 
Section 1: 
Lots 43,46, and 49 through 51. 
Section 2: 
North half northwest quarter southeast quarter southeast 
quarter. 
Township 11 South, Range 35 East 
Section 30: 
Lots 1 and 2, east half northwest quarter, east half 
southwest quarter, and west half southwest quarter southeast 
quarter. 
Section 31: 
Lot 8, west half west half northeast quarter, east half 
northwest quarter, and west half southeast quarter. 
110 STAT. 4170 
PUBLIC LAW 104-333—NOV. 12, 1996 
Township 13 South, Range 35 East 
Section 18: 
South half of lot 2 of northwest quarter, lot 1 and 2 of 
southwest quarter, southwest quarter northeast quarter, north-
west quarter southeast quarter. 
Section 29: 
Southeast quarter northeast quarter, northeast quarter 
southeast quarter. 
Township 13 South, Range 36 East 
Section 17: 
Southwest quarter northwest quarter, southwest quarter. 
Section 18: 
South half of lot 1 of northwest quarter, lot 1 of southwest 
quarter, northeast quarter, southeast quarter. 
Section 19: 
North half of lot 1 of northwest quarter, east half northeast 
quarter, northwest quarter northeast quarter. 
Section 20: 
Southwest quarter northeast quarter, northwest quarter, 
northeast quarter southwest quarter, southeast quarter. 
Section 28: 
Southwest quarter southwest quarter. 
Section 29: 
East half northeast quarter. 
Section 33: 
Northwest quarter northwest quarter, southeast quarter 
northwest quarter. 
Township 14 South, Range 36 East 
Section 31: 
Lots 1 and 2 of southwest quarter, southwest quarter south-
east quarter. 
aggregating 5,630 acres, more or less. 
Federal Register, 
(b) AVAILABILITY OF LAJSTDS.—^Upon enactment of this Act, the 
publication. 
lands specified in subsection (a) shall be open to operation of the 
public land laws, including the mining and mineral leasing laws, 
only after the Secretary of the Interior has published a notice 
in the Federal Register opening such lands. 
(c) ADDITIONAL AREA.—Section 101 of Public Law 102-248 is 
amended by inserting in subsection (b) after the second sentence 
"The site shall also include an additional area of approximately 
300 acres as demarcated as the new proposed boundaries in the 
map dated March 8, 1996, entitled 'Manzanar National Historic 
Site Archaeological Base Map'.". 
16 use 431 note. 
SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS MEMORIAL 
GROVE AS NATIONAL MEMORIAL. 
(a) RECOGNITION OF SIGNIFICANCE OF THE AIDS MEMORIAL 
GROVE.—^The Congress hereby recognizes the significance of the 
AIDS Memorial Grove located in Golden Gate Park in San 
Francisco, California, as a memorial— 
(1) dedicated to individuals who have died as a result 
of acquired immune deficiency syndrome; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4171 
(2) in support of individuals who are living with acquired 
immune deficiency syndrome and their loved ones and 
caregivers. 
(b) DESIGNATION AS NATIONAL MEMORIAL.—Not later than 90 
days after the date of enactment of this Act, the Secretary of 
the Interior shall designate the AIDS Memorial Grove as a national 
memorial. 
TITLE VI—CIVIL AND REVOLUTIONARY 
WAR SITES 
SEC. 601. UNITED STATES CIVIL WAR CENTER. 
(a) DESIGNATION.—^The Civil War Center, located on Raphael 
Semmes Drive at Louisiana State University in Baton Rouge, 
Louisiana (hereafter in this section referred to as the "center") 
shall be known and designated as the "United States Civil War 
Center". 
(b) LEGAL REFERENCES.—Any reference in any law, regulation, 
paper, record, map, or any other document of the United States 
to the center referred to in subsection (b) shsdl be deemed to 
be a reference to the "United States Civil War Center". 
(c) FLAGSHIP INSTITUTIONS.—The center and the Civil War 
Institute of Grettysburg College, located at 233 North Washington 
Street in Gettysburg, Pennsylvania, shall be the flagship institu-
tions for planning the sesquicentennial commemoration of the Civil 
War. 
SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT. 
16 USC 430f-5. 
(a) PURPOSE.—^The purpose of this section is to provide for 
a center for the interpretation of the Siege and Battle of Corinth 
and other Civil War actions in the Region and to enhance 
public understanding of the significance of the Corinth Campaign 
in the Civil War relative to the Western theater of operations, 
in cooperation with State or local governmental entities and private 
organizations and individuals. 
(b) ACQUISITION OF PROPERTY AT CORINTH, MISSISSIPPI.—^The 
Secretary of the Interior (referred to in this title as the "Secretary") 
shall acquire by donation, purchase with donated or appropriated 
funds, or exchange, such land and interests in land in the vicinity 
of the Corinth Battlefield, in the State of Mississippi, as the 
Secretary determines to be necessary for the construction of an 
interpretive center to commemorate and interpret the 1862 Civil 
War Siege and Battle of Corinth. 
(c) PUBLICLY OWNED LAND.—Land and interests in land owned 
by the State of Mississippi or a political subdivision of the State 
of Mississippi may be acquired only by donation. 
(d) INTERPRETIVE CENTER AND MARKING.— 
(1) INTERPRETIVE CENTER.—^The Secretary shall construct, 
operate, and maintain on the property acquired under sub-
section (b) a center for the interpretation of the Siege and 
Battle of Corinth and associated historical events for the benefit 
of the public. 
(2) MARKING.—^The Secretary may mark sites associated 
with the Siege and Battle of Corinth National Historic Land-
mark, as designated on May 6, 1991, if the sites are determined 
110 STAT. 4172 
PUBLIC LAW 104-333—NOV. 12, 1996 
by the Secretary to be protected by State or local governmental 
agencies. 
(3) ADMINISTRATION.—^The land and interests in land 
acquired, and the facilities constructed and maintained pursu-
ant to this section, shall be administered by the Secretary 
as a part of Shiloh National Military Park, subject to the 
appropriate laws (including regulations) applicable to the Park, 
the Act entitled "An Act to establish a National Park Service, 
and for other purposes", approved August 25, 1916 (16 U.S.C. 
1 et seq.), 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.). 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated $6,000,000 for development to carry out this 
section. 
Revolutionary 
SEC. 603. REVOLUTIONARY 
WAR AND WAR OF 
1812 
HISTORIC 
War and War of 
PRESERVATION STUDY. 
1812 Historic 
Preservation 
(a) SHORT TITLE.—^This section may be cited as the "Revolution-
Study Act of 
ary War and War of 1812 Historic Preservation Study Act of 1996". 
16USC ia-5 
^^^ FINDINGS.—^The Congress finds that— 
note. 
(1) Revolutionary War sites and War of 1812 sites provide 
a means for AmericEins to understand and interpret the periods 
in American history during which the Revolutionary War and 
War of 1812 were fought; 
(2) the historical integrity of many Revolutionary War sites 
and War of 1812 sites is at risk because many of the sites 
are located in regions that are undergoing rapid urban or 
suburban development; and 
(3) it is important, for the benefit of the United States, 
to obtain current information on the significance of, threats 
to the integrity of, and alternatives of the preservation and 
interpretation of Revolutionary War sites and War of 1812 
sites. 
(c) DEFINITIONS.—In this section: 
(1) DIRECTOR.—^The term "Director" means the Director 
of the National Park Service. 
(2) REVOLUTIONARY WAR SITE.—^The term "Revolutionary 
War site" means a site or structure situated in the United 
States that is thematically tied with the nationally significant 
events that occurred during the Revolutionary War. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(4) WAR OF IS 
12 SITE.—^The term "War of 1812 site" means 
a site or structure situated in the United States that is themati-
cally tied with the nationally significant events that occurred 
during the War of 1812. 
(d) STUDY.— 
(1) PREPARATION.—^The Secretary, acting through the 
Director, shall prepare a study of Revolutionary War sites 
and War of 1812 sites. 
(2) MATTERS TO BE ADDRESSED.—^The study under sub-
section (b) shall— 
(A) identify Revolutionary War sites and War of 1812 
sites, including sites within units of the National Park 
System in existence on the date of enactment of this Act; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4173 
(B) determine the relative significance of the sites; 
(C) assess short- and long-term threats to the integrity 
of the sites; 
(D) provide alternatives for the preservation and 
interpretation of the sites by Federal, State, and local 
governments, or other public or private entities, including 
designation of the sites as units of the National Park 
System; and 
(E) research and propose land preservation techniques. 
(3) CONSULTATION.—^During the preparation of the study 
under paragraph (1), the Director shall consult with— 
(A) the Governor of each affected State; 
(B) each affected unit of local government; 
(C) State and local historic preservation organizations; 
(D) scholarly organizations; and 
(E) such other interested parties as the Secretary 
considers advisable. 
(4) TRANSMITTAL TO CONGRESS.—^Not later than 2 years 
after the date on which funds are made available to carry 
out the study under paragraph (1), the Director shall transmit 
a report describing the results of the study to the Committee 
on Resources of the House of Representatives and 
the 
Committee on Energy and Natural Resources of the Senate. 
(5) REPORT.—If the Director submits a report on the study 
to the Director of the Office of Management and Budget, the 
Secretary shall concurrently transmit copies of the report to 
the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the 
Senate. 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section $750,000, to remain 
available until expended. 
SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM. 
American 
(a) SHORT TITLE.—This section may be cited as the "American 
protection Act of 
Battlefield Protection Act of 1996". 
1996. 
(b) PURPOSE.—^The purpose of this section is to assist citizens, 16 USC 469k. 
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. 
(c) 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. 
110 STAT. 4174 
PUBLIC LAW 104-333—NOV. 12, 1996 
contract, or other generally adopted means of providing finan-
cial assistance. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $3,000,000 annually to carry out this section, 
to remain available until expended. 
(e) REPEAL.— 
(1) IN GENERAL.—^This section is repealed as of the date 
that is 10 years after the date of enactment of this section. 
(2) No EFFECT ON GENERAL AUTHORITY.—The Secretary 
may continue to conduct battlefield studies in accordance with 
other authorities available to the Secretary. 
(3) UNOBLIGATED FUNDS.—Any funds made available under 
this section that remain unobligated shall be credited to the 
general fund of the Treasury. 
SEC. 605. CmCKAMAUGA AND CHATTANOOGA NATIONAL MILITARY 
PARKS. 
Section 1(c) of the Act entitled "An Act to authorize and direct 
the National Park Service to assist the State of Georgia in relocating 
a highway affecting the Chickamauga and Chattanooga Nationd 
Military Park in Greorgia", approved December 24, 1987 (101 Stat. 
1442), is amended 
by striking "$30,000,000" and 
inserting 
"$51,900,000". 
Shenandoah 
SEC. 606. SHENANDOAH VALLEY BATTLEFIELDS. 
Valley 
Battlefields 
(^) SHORT TITLE.—^This section may be cited as the "Shenandoah 
National Historic Valley Battlefields National Historic District and Commission Act 
District and 
of 1996". 
^S%^^^°° ^^ 
^^^ CONGRESSIONAL FINDINGS.—The Congress finds that— 
16 use 461 note. 
(1) there are situated in the Shenandoah Valley in the 
Commonwealth of Virginia the sites of several key Civil War 
battles; 
(2) certain sites, battlefields, structures, and districts in 
the Shenandoah Valley are collectively of national significance 
in the history of the Civil War; 
(3) in 1992, the Secretary of the Interior issued a 
comprehensive study of significant sites and structures associ-
ated with Civil War batties in the Shenandoah Valley, and 
found that many of the sites within the Shenandoah Valley 
possess national significance and retain a high degree of histori-
cal integrity; 
(4) the preservation and interpretation of these sites will 
make a vital contribution to the understanding of the heritage 
of the United States; 
(5) the preservation of Civil War sites within a regional 
framework requires cooperation among local property owners 
and Federal, State, and local government entities; and 
(6) partnerships 
between 
Federal, 
State, 
and 
local 
governments, the regional entities of such governments, and 
the private sector offer the most effective opportunities for 
the enhsincement and management of the Civil War battlefields 
and related sites in the ShenandoEih Valley. 
(c) STATEMENT OF PURPOSE.—^The purposes of this section 
are t o ^ 
(1) preserve, conserve, and interpret the legacy of the Civil 
War in the Shenandoah Valley; 
(2) 
recognize 
and 
interpret 
important 
events 
and 
geographic locations representing key Civil War battles in the 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4175 
Shenandoah Valley, including those battlefields associated with 
the Thomas J. (Stonewall) Jackson campaign of 1862 and the 
decisive campaigns of 1864; 
(3) recognize and interpret the effect of the Civil War 
on the civilian population of the Shenandoah Valley during 
the war and postwar reconstruction period; and 
(4) create partnerships among Federal, State, and local 
governments, the regional entities of such governments, and 
the private sector to preserve, conserve, enhance, and interpret 
the 
nationally 
significant 
battlefields 
and 
related 
sites 
associated with the Civil War in the Shenandoah Valley. 
(d) DEFINITIONS.—^As used in this section: 
(1) The term "District" means the Shenandoah Valley 
Battlefields 
National 
Historic 
District 
established 
by 
section 5. 
(2) The term "Commission" means the Shenandoah Valley 
Battlefields National Historic District Commission established 
by section 9. 
(3) The term "plan" means the Shenandoah Valley Battle-
fields National Historic District Commission plan approved by 
the Secretary under section 6. 
(4) The term "management entity" means a unit of 
government or nonprofit organization designated by the plan 
to manage and administer the District. 
(5) The term "Secretary means the Secretary of the 
Interior. 
(6) The term "Shenandoah Valley" means the Shenandoah 
Valley in the Commonwealth of Virginia. 
(e) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC 
DISTRICT.— 
(1) ESTABLISHMENT.—^To carry out the purposes of this 
section, there is hereby established the Shenandoah Valley 
Battlefields National Historic District in the Commonwealth 
of Virginia. 
(2) BOUNDARIES.—(A) The corridor snail consist of lands 
and interests therein as generally depicted on the map entitled 
"Shenandoah Valley National Battlefields", numbered SHVA/ 
80,000, and dated April 1994. 
(B) The District shall consist of historic transportation 
routes linking the units depicted on the map referred to in 
subparagraph (A). 
(C) The map referred to in subparagraph (A) shsdl be 
on file and available for public inspection in the offices of 
• the Commission, the management entity, and in the appropriate 
offices of the National Park Service. 
(f) 
SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC 
DISTRICT PLAN.— 
(1) IN GENERAL.—^The District shall be managed and 
administered by the Commission and the management entity 
in accordance with the purposes of this Act and the Shenandoah 
Valley Battlefields National Historic District plan developed 
by the Commission and approved by the Secretary, as provided 
in this subsection. 
(2) SPECIFIC PROVISIONS.—^The plan shall include— 
(A) an inventory which includes any property in the 
District which should be preserved, restored, managed. 
12 :QL3 Parte 
110 STAT. 4176 
PUBLIC LAW 104-333—NOV. 12, 1996 
maintained, or acquired because of its national historic 
significance; 
(B) provisions for the protection and interpretation of 
the natural, cultural, and historic resources of the District 
consistent with the purposes of this section; 
(C) provisions for the establishment of a management 
entity which shall be a unit of government or a private 
nonprofit organization that administers and manages the 
District consistent with the plan, and possesses the legal 
ability to— 
(i) receive Federal funds and funds from other 
units of government or other organizations for use 
in preparing and implementing the management plan; 
(ii) disburse Federal funds to other units of 
government or other nonprofit organizations for use 
in preparing and implementing the plan; 
(iii) enter into agreements with the Federal, State, 
or other units of government and nonprofit organiza-
tions; 
(iv) acquire lands or interests therein by gift or 
devise, or by purchase from a willing seller using 
donated or appropriated funds, or by donation and 
no lands or interests therein may be acquired by 
condemnation; and 
(v) 
make 
such 
reasonable 
and 
necessary 
modifications to the plan which shall be approved by 
the Secretary; 
(D) recommendations to the Commonwealth of Virginia 
(and political subdivisions thereof) for the management, 
protection, and interpretation of the natural, cultural, and 
historical resources of the District; 
(E) identification of appropriate partnerships between 
the Federal, State, and local governments and regional 
entities, and the private sector, in furtherance of the pur-
poses of this section; 
(F) locations for visitor contact and major interpretive 
facilities; 
(G) provisions for implementing a continuing program 
of interpretation and visitor education concerning the 
resources and values of the District; 
(H) provisions for a uniform historical marker and 
wayside exhibit program in the District, including a provi-
sion for marking, with the consent of the owner, historic 
structures and properties that are contained within the 
historic core areas and contribute to the understanding 
of the District; 
(I) recommendations for means of ensuring continued 
local involvement and participation in the management, 
protection, and development of the District; and 
(J) provisions for appropriate living history demonstra-
tions and battlefield reenactments. 
(3) PREPARATION OF DRAFT PLAN.—(A) Not later than 3 
years after the date on which the Commission conducts its 
first meeting, the Commission shall submit to the Secretary 
a draft plan that meets the requirements of paragraph (2). 
(B) Prior to submitting the draft plan to the Secretary, 
the Commission shall ensure that— 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4177 
(i) the Commonwealth of Virginia, and any political 
subdivision thereof that would be affected by the plan, 
receives a copy of the draft plan; 
(ii) adequate notice of the avEdlability of the draft plan 
is provided through publication in appropriate local news-
papers in the area of the District; and 
(iii) at least 1 public hearing in the vicinity of the 
District is conducted by the Commission with respect to 
the draft plan. 
(4) REVIEW OF THE PLAN BY THE SECRETARY.—The Secretary 
shedl review the draft plan submitted under paragraph (3) 
and, not later than 90 days after the date on which the draft 
plan is submitted, shall either— 
(A) approve the draft plan as the plan if the Secretary 
finds that the plan, when implemented, would adequately 
protect the significant historical and culturgd resources of 
the District; or 
(B) reject the draft plan and advise the Commission 
in writing of the reasons therefore and indicate any 
recommendations for revisions that would raake the draft 
plan acceptable. 
(g) DUTIES OF THE SECRETARY.— 
(1) IN GENERAL.—^The Secretary may award grants, provide 
technical assistance and enter into cooperative agreements with 
the Commission, management entity, other units of govern-
ment, or other persons to provide for the preservation and 
interpretation of the natural, cultural, and historical resources 
within the District. 
(2) TECHNICAL ASSISTANCE.—^The Secretary may make 
grants, provide technical assistance, and enter into cooperative 
agreements for— 
(A) the preparation and implementation of the plan 
pursuant to subsection (f); 
(B) interpretive and educational programs; 
(C) acquiring lands or interests in lands from willing 
sellers; 
(D) capital projects and improvements undertaken 
pursuant to the plan; and 
(E) facilitating public access to historic resources 
within the District. 
(3) EARLY ACTIONS.—^After enactment of this Act but prior 
to approval of the plan, the Secretary may provide technical 
and financial assistance for early actions which are important 
to the purposes of this Act and which protect and preserve 
resources in imminent danger of irreversible damage but for 
the fact of such early action. 
(4) ACQUISITION OF LAND.—^The Secretary may acquire land 
and interests in lands from a willing seller or donee within 
the District that have been specifically identified by the 
Commission for acquisition by the Federal Government. No 
lands or interests therein may be acquired by condemnation. 
(5) DETAIL.—^Each fiscal year during the existence of the 
Commission and upon request of the Commission, the Secretary 
shall detail to the Commission, on a nonreimbursable basis, 
2 employees of the Department of the Interior to enable the 
Commission to carry out the Commission's duties under section 
110 STAT. 4178 
PUBLIC LAW 104-333—NOV. 12, 1996 
9. Such detail shall be without interruption or loss of civil 
service status, benefits, or privileges. 
(6) REPORT.—^Not later than 2 years after approval of the 
plan, the Secretary shall submit to Congress a report 
recommending whether the District or components thereof meet 
the criteria for designation as a unit of the National Park 
Service. 
(7) OTHER ASSISTANCE.—^Nothing in this section shall be 
deemed to prohibit the Secretary or units of government from 
providing technical or financial assistance under any other 
provision of law. 
(h) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC 
DISTRICT COMMISSION.— 
(1) ESTABLISHMENT.—There is hereby established 
the 
Shenandoah Valley Battlefields National Historic District 
Commission. 
(2) MEMBERSHIP.—^The Commission shall be composed of 
19 members, to be appointed by the Secretary as follows: 
(A) 5 members representing local governments of 
communities in the vicinity of the District, appointed after 
the Secretary considers recommendations made by appro-
priate local governing bodies. 
(B) 10 members representing property owners within 
the District (1 member within each unit of the battlefields). 
(C) 1 member with demonstrated expertise in historic 
preservation. 
(D) 1 member who is a recognized historian with exper-
tise in Civil War history. 
(E) The Governor of Virginia, or a designee of the 
Grovemor, ex officio. 
(F) The Director of the National Park Service, or a 
designee of the Director, ex officio. 
(3) APPOINTMENTS.—^Members of the Commission shall be 
appointed for terms of 3 years. Any member of the Commission 
appointed for a definite term may serve after the expiration 
of the term until the successor of the member is appointed. 
(4) ELECTION OF OFFICERS.—^The Commission shall elect 
1 of its members as Chairperson and 1 as Vice Chairperson. 
The Vice Chairperson shall serve as Chairperson in the absence 
of the Chairperson. 
(5) VACANCY.—Any vacancy on the Commission shall be 
filled in the same manner in which the original appointment 
was made, except that the Secretary shall fill any vacancy 
within 30 days after the vacancy occurs. 
(6) QUORUM.—^Any majority of the Commission shall 
constitute a quorum. 
(7) MEETINGS.—^The Commission shall meet at the call 
of the Chairperson or a majority of the members of the Commis-
sion, but not less than quarterly. Notice of the Commission 
meetings and agendas for the meetings shall be published 
in local newspapers that have a distribution throughout the 
Shenandoah Valley. Meetings of the Commission shall be 
subject to section 552b of title 5, United States Code (relating 
to open meetings). 
(8) STAFF OF THE COMMISSION.—^The Commission shall have 
the power to appoint and fix the compensation of such staff 
as may be necessary to carry out its duties. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4179 
(9) ADMINISTRATIVE SUPPORT SERVICES.—^The Administrator 
of the General Services Administration shall provide to the 
Commission, without reimbursement, 
such 
administrative 
support services as the Commission may request. 
(10) FEDERAL AGENCIES.—^Upon request of the Commission, 
the head of any Federal agency may detail to the Commission 
or management entity, without reimbursement, personnel of 
the agency to assist the commission or management entity 
in carrying out its duties and such detail shall be without 
interruption or loss of civil service status, benefits, or privileges. 
(11) 
SUBPOENAS.—^The 
Commission 
may 
not 
issue 
subpoenas or exercise any subpoena authority. 
(12) EXPENSES.—^Members of the Commission shall serve 
without compensation, but the Secretary may reimburse 
members for expenses reasonably incurred in carrying out the 
responsibilities of the Commission under this Act. 
(13) MAILS.—^The Commission may use the United States 
mails in the same manner and under the same conditions 
as other departments and agencies of the United States. 
(14) GIFTS.—^The Commission may, for purposes of canying 
out the duties of the Commission, seek, accept, and dispose 
of gifts, bequests, or donations of money, personal or real 
property, or services received from any source. 
(15) TERMINATION.—^The Commission shall terminate at 
the expiration of the 45-day period beginning on the date on 
which the Secretary approves the plan under subsection (f)(4). 
(i) DUTIES OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall— 
(A) develop the plan and draft plan referred to in 
subsection (f), in consultation with the Secretary; 
(B) assist the Commonwealth of Virginia, and any 
political 
subdivision 
thereof, 
in 
the 
management, 
protection, and interpretation of the natural, cultural, and 
historical resources within the District, except that the 
Commission shall in no way infringe upon the authorities 
and policies of the Commonwealth of Virginia or any 
political subdivision; and 
(C) take appropriate action to encourage protection 
of the natural, cultural, and historic resources within the 
District by landowners, local governments, organizations, 
and businesses. 
(j) AUTHORIZATION OF APPROPRIATION.— 
(1) IN GENERAL.—^From the amounts made available to 
carry out the National Historic Preservation Act, there are 
authorized to be appropriated to the Commission not more 
than $250,000 annually to remain available until expended. 
(2) ASSISTANCE.—(A) From the amounts made available 
to carry out the National Historic Preservation Act, there are 
authorized to be appropriated to the Secretary for grants and 
technical assistance pursuant to subsections (g) (1), (2), and 
(3) not more than $2,000,000 annually to remain available 
until expended. 
(B) The Federal share of any funds awarded under 
subsection (g)(2) may not exceed the amount of non-Federal 
funds provided for the preservation, interpretation, planning, 
development, or implementation with respect to which the grant 
is awarded. 
110 STAT. 4180 
PUBLIC LAW 104-333—NOV. 12, 1996 
(3) LAND ACQUISITION.—From the amounts made available 
to carry out the National Historic Preservation Act, there are 
authorized to be appropriated for land acquisition pursuant 
to subsection (g)(4) not more than $2,000,000 annually to 
remain available until expended. 
(4) 
MANAGEMENT 
ENTITY.—From the 
amounts 
made 
available to carry out the National Historic Preservation Act, 
there are authorized to be appropriated to the management 
entity not more than $500,000 annually to remain available 
until expended. 
16 use 461 note. 
SEC. 607. WASHITA BATTLEFIELD. 
(a) FINDINGS AND PURPOSES.— 
(1) FINDINGS.—-The Congress finds that— 
(A) the Battle of the Washita, November 27, 1868, 
was one of the largest engagements between Plains tribes 
and the United States Army on the Southern Great Plains. 
The site is a registered National Historic Landmark; 
(B) Lt. Colonel George A. Custer, leading the 7th 
United States Cavalry, attacked the sleeping Cheyenne 
village of peace chief Black Kettle. Custer's attack resulted 
in more than 150 Indian casualties, many of them women 
and children; 
(C) the Battle of the Washita sjnnbolizes the struggle 
of the Southern Great Plains tribes to maintain their 
traditional lifeways Eind not to submit to reservation 
confinement; and 
(D) the Washita battle site possesses a high degree 
of integrity and the cultural landscape is essentially intact. 
The Cheyenne village site has not been altered substan-
tially except by periodic flooding of the Washita River. 
(2) PURPOSES.—^The purposes of this section are to— 
(A) recognize the importance of the Battle of the 
Washita as a nationally significant element of frontier 
military history and as a sjrmbol of the struggles of the 
Southern Great Plains tribes to maintain control of their 
traditional use areas; and 
(B) establish the site of the Battle of the Washita 
as a national historic site and provide opportunities for 
American Indian groups including the Cheyenne-Arapaho 
Tribe to be involved in the formulation of plans and 
educational programs for the national historic site. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—In order to provide for the preservation 
and interpretation of the Battle of the Washita, there is hereby 
established the Washita Battlefield National Historic Site in 
the State of Oklahoma (hereafter in this section referred to 
as the "national historic site"). 
(2) BOUNDARY.— 
(A) IN GENERAL.—^The national historic site shall 
consist of— 
(i) approximately 326 acres, as generally depicted 
on the map entitled "Washita Battlefield National 
Historic Site", numbered 22,000A and dated 12/95; and 
(ii) the private lands subject to conservation ease-
ments referred to in subsection (d)(2). 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4181 
(B) MAP.—^The map referred to in subparagraph (A)(i) 
shall be on file in the offices of the Director of the National 
Park Service, Department of the Interior, and other appro-
priate offices of the National Park Service. The Secretary 
of the Interior (hereafter in this section referred to as 
the "Secretary') may, from time to time, make minor 
revisions in the boundary of the national historic site in 
accordance with section 7(c) of the Land and Water Con-
servation Act of 1965 (16 U.S.C. 4601-4 et seq.). 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—^The Secretary, acting through 
the 
Director of the National Park Service, shall manage the 
national historic site in accordance with this section and the 
provisions of law generally applicable to units of the National 
Park System, including "An Act to establish a National Park 
Service, and for other purposes", approved August 25, 1916 
(39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 21, 
1935 (49 Stat. 666; U.S.C. 461-467). 
(2) MANAGEMENT PURPOSES.—^The Secretary shall manage 
the national historic site for the following purposes, among 
others: 
(A) To protect and preserve the national historic site, 
including the topographic features important to the battle 
site, artifacts and other physical remains of the battle, 
and the visual scene as closely as possible as it was at 
the time of the battle. 
(B) To interpret the cultural and natural resources 
of the historic site, providing for public understanding and 
appreciation of the area in such manner as to perpetuate 
these qualities and values for future generations. 
(3) CONSULTATION AND TRAINING.—^The Secretary, acting 
through the Director of the National Park Service, shall consult 
regularly with the Cheyenne-Arapaho Tribe on the formulation 
of the management plan provisions referred to in subsection 
(e)(5) and on preparation of educational programs provided 
to the public. The Secretary is authorized to enter into Contracts, 
cooperative agreements with the Cheyenne-Arapaho Tribe, its 
subordinate boards, committees, enterprises, and traditional 
leaders to further the purposes of this Act. 
(d) ACQUISITION OF PROPERTY.— 
(1) 
PARK BOUNDARIES.—^Within the 
boundaries of 
the 
national historic site, the Secretary is authorized to acquire 
lands and interests in lands by donation, purchase with donated 
or appropriated funds, or exchange, except that— 
(A) no lands or interests in lands within the historic 
site may be acquired without the consent of the owner 
thereof, and 
(B) lands £ind interests in lands owned by the State 
of Oklahoma or any political subdivision thereof may be 
acquired only by donation. 
(2) CONSERVATION EASEMENTS.—The Congress finds that 
the State of Oklahoma, acting through the Oklahoma Historical 
Society, will work with local land owners to acquire and hold 
in perpetuity conservation easements in the vicinity of the 
national historic site as deemed necessary for the visual and 
interpretive integrity of the site. The intent of the easements 
110 STAT. 4182 
PUBLIC LAW 104-333—NOV. 12, 1996 
will be to keep occupancy of the land in private ownership 
and use of the land in general agriculture. 
(e) MANAGEMENT PLAN.—^Within 5 years after the date funds 
are made available for purposes of this section, the Secretary, 
acting through the Director of the National Park Service, shall 
prepare a general management plan for the national historic site. 
The plan shall address, but not be limited to, each of the following: 
(1) A resource protection program. 
(2) A visitor use plan including programs and facilities 
that will be provided for public use, including the location 
and cost of public facilities. 
(3) A research and curation plan. 
(4) A highway signing program. 
(5) Involvement by the Cheyenne-Arapaho Tribe in the 
formulation of educational programs for the national historic 
site. 
(6) Involvement by the State of Oklahoma and other local 
and national entities willing to share in the responsibilities 
of developing and supporting the national historic site. 
(f) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section for land acquisition 
and development not more than $5,000,000. 
TITLE VII—FEES 
16 use 497c. 
SEC. 701. SKI AREA PERMIT RENTAL CHARGE. 
(a) The Secretary of Agriculture shall charge a rental charge 
for all ski area permits issued pursuant to section 3 of the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act 
of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), 
or the 9th through 20th paragraphs under the heading "SURVEY-
ING THE PUBLIC LANDS" under the heading "UNDER THE 
DEPARTMENT OF THE INTERIOR" in the Act of June 4, 1897 
(30 Stat. 34, chapter 2), on National Forest System lands. Permit 
rental charges for permits issued pursuant to the National Forest 
Ski Area Permit Act of 1986 shall be calculated as set forth in 
subsection (b). Permit rental charges for existing ski area permits 
issued pursuant to the Act of March 4, 1915, and the Act of 
June 4, 1897, shall be calculated in accordance with those existing 
permits: Provided, That a permittee may, at the permittee's option, 
use the calculation method set forth in subsection (b). 
(b)(1) The ski area permit rental charge (SAPRC) shall be 
calculated by adding the permittee's gross revenues from lift ticket/ 
year-round ski area use pass sales plus revenue from ski school 
operations (LT+SS) and multiplying such total by the slope trans-
port feet percentage (STFP) on National Forest System land. That 
amount shall be increased by the gross year-round revenue from 
ancillary facilities (GRAF) physically located on national forest Isind, 
including all permittee or subpermittee lodging, food service, rental 
shops, parking and other ancillary operations, to determine the 
adjusted gross revenue (AGR) subject to the permit rental charge. 
The final rental charge shall be calculated by multiplying the AGR 
by the following percentages for each revenue bracket and adding 
the total for each revenue bracket: 
(A) 1.5 percent of all adjusted gross revenue below 
$3,000,000; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4183 
(B) 2.5 percent for adjusted gross revenue between 
$3,000,000 and $15,000,000; 
(C) 2.75 percent for adjusted gross revenue between 
$15,000,000 and $50,000,000; and 
(D) 4.0 percent for the amount of adjusted gross revenue 
that exceeds $50,000,000. 
Utilizing the abbreviations indicated in this subsection the ski 
area permit fee (SAPF) formula can be simply illustrated as: 
SAPF = ((LT + SS) X STFP) + GRAF = AGR; AGR X % BRACKETS 
(2) In cases where ski areas are only partially located on 
national forest lands, the slope transport feet percentage on national 
forest land referred to in subsection (b) snail be calculated as 
generally described in the Forest Service Manual in effect as of 
January 1, 1992. Revenues from Nordic ski operations shall be 
included or excluded from the rental charge calculation according 
to the percentage of trails physically located on national forest 
land. 
(3) In order to ensure that the rental charge remains fair 
and equitable to both the United States and the ski area permittees, 
the adjusted gross revenue figures for each revenue bracket in 
paragraph (1) shall be adjusted annually by the percent increase 
or decrease in the national Consumer Price Index for the preceding 
calendar year. No later than 3 years after the date of enactment Reports, 
of this Act and every 5 years thereafter the Secretary shall submit 
to the Committee on Energy and Natural Resources of the United 
States Senate and the Committee on Resources of the United States 
House of Representatives a report analyzing whether the ski area 
permit rental charge legislated by this Act is returning a fair 
market value rental to the United States together with any 
recommendations the Secretary may have for modifications of the 
system. 
(c) The rental charge set forth in subsection (b) shall be due 
on June 1 of each year and shall be paid or prepaid by the permittee 
on a monthly, quarterly, annual or other schedule as determined 
appropriate by the Secretary in consultation with the permittee. 
Unless mutually agreed otherwise by the Secretary and the 
permittee, the payment or prepayment schedule shall conform to 
the permittee's schedule in effect prior to enactment of this Act. 
To reduce costs to the permittee and the Forest Service, the Sec-
retary shall each year provide the permittee with a standardized 
form and worksheets (including annual rental charge calculation 
brackets and rates) to be used for rental charge calculation and 
submitted with the rental charge pa3anent. Information provided 
on such forms shall be compiled by the Secretary annusdly and 
kept in the Office of the Chief, United States Forest Service. 
(d) The ski area permit rental charge set forth in this section 
shall become effective on June 1, 1996 and cover receipts retroactive 
to June 1, 1995: Provided, That if a permittee has paid rental 
charges for the period June 1, 1995, to June 1, 1996, under the 
graduated rate rental charge system formula in effect prior to 
the date of enactment of this Act, such rental charges shall be 
credited toward the new rental charge due on June 1, 1996. In 
order to ensure increasing rental charge receipt levels to the United 
States during transition from the graduated rate rental charge 
system formula to the formula of this Act, the rental charge paid 
by any individual permittee shall be— 
110 STAT. 4184 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) for the 1995-1996 permit year, either the rental charge 
pgiid for the preceding 1994-1995 base year or the rental charge 
calculated pursuant to this Act, whichever is higher; 
(2) for the 1996-1997 permit year, either the rental charge 
paid for the 1994-1995 base year or the rental charge calculated 
pursuant to this Act, whichever is higher; and 
(3) for the 1997-1998 permit year, either the rental charge 
for the 1994-1995 base year or the rental charge calculated 
pursuant to this Act, whichever is higher. 
If an individual permittee's adjusted gross revenue for the 1995-
1996, 1996-1997, or 1997-1998 permit years falls more than 10 
percent below the 1994—1995 base year, the rental charge paid 
shall be the rental charge calculated pursuant to this Act. 
(e) Under no circumstances shall revenue, or subpermittee 
revenue (other than lift ticket, area use pass, or ski school sales) 
obtained from operations physically located on non-national forest 
land be included in the ski area permit rental charge calculation. 
(f) To reduce administrative costs of ski area permittees and 
the Forest Service the terms "revenue" and "sales", as used in 
this section, shall mean actual income from sales and shall not 
include sales of operating equipment, refunds, rent paid to the 
permittee by sublessees, sponsor contributions to special events 
or any amounts attributable to employee gratuities or employee 
lift tickets, discounts, or other goods or services (except for bartered 
goods and complimentary lift tickets) for which the permittee does 
not receive money. 
(g) In cases where an area of national forest land is under 
a ski area permit but the permittee does not have revenue or 
sales qualifying for rental charge payment pursuant to subsection 
(a), the permittee shall pay an annual minimum rental charge 
of $2 for each national forest acre under permit or a percentage 
of appraised land value, as determined appropriate by the Secretary. 
(h) Where the new rental charge provided for in subsection 
(b)(1) results in an increase in permit rental charge greater than 
one-half of 1 percent of the permittee's adjusted gross revenue 
as determined under subsection (b)(1), the new rental charge shall 
be phased in over a five-year period in a manner providing for 
increases of approximately equal increments. 
(i) To reduce Federal costs in administering the provisions 
of this Act, the reissuance of a ski area permit to provide activities 
similar in nature and amount to the activities provided under 
the previous permit shall not constitute a major Federal action 
for the purposes of the National Environmental Policy Act of 1969 
(42 U.S.C. 4331 et seq.). 
(j) Subject to valid existing rights, all lands located within 
the boundaries of ski area permits issued prior to, on or after 
the date of enactment of this Act pursuant to authority of the 
Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), 
and the Act of June 4, 1897, or the National Forest Ski Area 
Permit Act of 1986 (16 U.S.C. 497b) are hereby and henceforth 
automatically withdrawn from all forms of appropriation under 
the mining laws and from disposition under all laws pertaining 
to mineral and geothermal leasing and all amendments thereto. 
Such withdrawal shall continue for the full term of the permit 
and any modification, reissuance, or renewal thereof. Unless the 
Secretary requests otherwise of the Secretary of the Interior, such 
withdrawal shall be csmceled automatically upon expiration or other 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4185 
termination of the permit and the land automatically restored to 
all appropriation not otherwise restricted under the public land 
laws. 
SEC. 702. DELAWARE WATER GAP. 
(a) IN GENERAL.—^Effective at noon on September 30, 2005, EflFective date, 
the use of Highway 209 within DelawEire Water Gap National 
Recreation Area by commercial vehicles, when such use is not 
connected with the operation of the recreation area, is prohibited, 
except as provided in subsection (b). 
(b) LOCAL BUSINESS USE PROTECTED.—Subsection (a) does not 
apply with respect to the use of commercial vehicles to serve 
businesses located within or in the vicinity of the recreation area, 
as determined by the Secretary. 
(c) CONFORMING PROVISIONS.— 
(1) Paragraphs (1) through (3) of the third undesignated 
paragraph under the heading "ADMINISTRATIVE PROVI-
SIONS" in chapter VII of title I of Public Law 98-63 (97 
Stat. 329) are repealed, effective September 30, 2005. 
(2) Prior to noon on September 30, 2005, the Secretary 
shall collect and utilize a commercial use fee from commercial 
vehicles in accordance with paragraphs (1) through (3) of such 
third undesignated paragraph. Such fee shall not exceed $25 
per trip. 
SEC. 
7
0
3
. 
GLACIER 
BAY 
NATIONAL 
PARK. 
Section 3(g) of Public Law 91-383 (16 U.S.C. la-2(g)) is 
amended by: striking "and park programs" and inserting the follow-
ing at the end: "Sixty percent of the fees paid by permittees for 
the privilege of entering into Glacier Bay for the period beginning 
on the first full fiscal year following the date of enactment of 
this sentence shall be deposited into a special account and that 
such funds shall be available— 
"(1) to the extent determined necessary, to acquire and 
preposition necessary and adequate emergency response equip-
ment to prevent harm or the threat of harm to aquatic park 
resources from permittees; and 
"(2) to conduct investigations to quantify any effect of 
permittees' activity on wildlife and other natural resource 
values of Glacier Bay National Park. The investigations pro-
vided for in this subsection shall be designed to provide informa-
tion of value to the Secretary, in determining any appropriate 
limitations on permittees' activity in Glacier Bay. The Secretary 
may not impose any additional permittee operating conditions 
in the areas of air, water, and oil pollution beyond those deter-
mined and enforced by other appropriate agencies. When 
competitively awarding permits to enter Glacier Bay, the 
Secretary may take into account the relative impact particular 
permittees will have on park values and resources, provided 
that no operating conditions or limitations relating to noise 
abatement shall be imposed unless the Secretary determines, 
based on the weight of the evidence from all available studies 
including verifiable scientific information from the investiga-
tions provided for in this subsection, that such limitations 
or conditions are necessary to protect park values and 
resources. Fees paid by certain permittees for the privilege 
of entering into Glacier Bay shall not exceed $5 per passenger. 
For the purposes of this subsection, 'certain permittee' shall 
110 STAT. 4186 
PUBLIC LAW 104-333—NOV. 12, 1996 
mean a permittee which provides overnight accommodations 
for at least 500 passengers for an itinerary of at least 3 nights, 
and 'permittee' shall mean a concessionaire providing visitor 
services within Glacier Bay. Nothing in this subsection 
authorizes the Secretary to require additional categories of 
permits in, or otherwise increase the number of permits to 
enter Glacier Bay National Park.". 
TITLE VIII—MISCELLANEOUS ADMINIS-
TRATIVE AND MANAGEMENT PROVI-
SIONS 
SEC. 801. LIMITATION ON PARK BUILDINGS. 
The 10th undesignated paragraph (relating to a limitation on 
the expenditure of funds for park buildings) under the heading 
"MISCELLANEOUS 
OBJECTS, 
DEPARTMENT 
OF 
THE 
INTERIOR", which appears under the heading "UNDER THE 
DEPARTMENT OF THE INTERIOR", as contained in the first 
section of the Act of August 24, 1912 (37 Stat. 460), as amended 
(16 U.S.C. 451), is hereby repealed. 
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN. 
The first section of the Act of August 7, 1946 (16 U.S.C. 
17J-2), is amended by adding at the end the following: 
"(j) Provide transportation for children in nearby communities 
to and from any unit of the National Park System used in connection 
with organized recreation and interpretive programs of the National 
Park Service.". 
SEC. 803. FERAL BURROS AND HORSES. 
(a) VEHICLES AND AIRCRAFT.—Section 9 of the Act of December 
15, 1971 (16 U.S.C. 1338a), is amended by adding at the end 
thereof the following: "Nothing in this title shall be deemed to 
limit the authority of the Secretary in the management of units 
of the National Park System, and the Secretary may, without 
regard either to the provisions of this title, or the provisions of 
section 47(a) of title 18, United States Code, use motor vehicles, 
fixed-wing aircraft, or helicopters, or to contract for such use, in 
furtherance of the management of the National Park System, and 
section 47(a) of title 18, United States Code, shall be applicable 
to such use.". 
(b) OZARK NATIONAL SCENIC RIVERWAYS.—Section 7 of the Act 
entitled "An Act to provide for the establishment of the Ozark 
National Scenic Riverways in the State of Missouri, and for other 
purposes", approved August 27, 1964 (16 U.S.C. 460m-6), is 
amended to read as follows: 
"SEC. 7. (a) The Secretary, in accordance with this section, 
shall allow free-roaming horses in the Ozark National Scenic 
Contracts. 
Riverways. Within 180 days after enactment of this section, the 
Secretary shall enter into an agreement with the Missouri Wild 
Horse League or another qualified nonprofit entity to provide for 
management of free-roaming horses. The agreement shall provide 
for cost-effective management of the horses and limit Federal 
expenditures to the costs of monitoring the agreement. The Sec-
retary shall issue permits for adequate pastures to accommodate 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4187 
the historic population level of the free-roaming horse herd, which 
shall be not less than the number of horses in existence on the 
date of the enactment of this section nor more than 50. 
"(b) The Secretary may not remove, or assist in, or permit 
the removal of any free-roaming horses from Federal lands within 
the boundary of the Ozark National Scenic Riverways unless— 
"(1) the entity with whom the Secretary has entered into 
the agreement under subsection (a), following notice and a 
90-day response period, substantially fails to meet the terms 
and conditions of the agreement; 
"(2) the number of free-roaming horses exceeds 50; or 
"(3) in the case of an emergency or to protect public health 
and safety, as defined in the agreement. 
"(c) Nothing in this section shall be construed as creating 
liability for the United States for any damages caused by the 
free-roaming horses to property located inside or outside the bound-
aries of the Ozark National Scenic Riverways.". 
SEC. 
804. 
AUTHORITIES OF THE SECRETARY OF THE INTERIOR 
RELATING 
TO 
MUSEUMS. 
(a) FUNCTIONS.—^The Act entitled "An Act to increase the public 
benefits from the National Park System by facilitating the manage-
ment of museum properties relating thereto, and for other purposes" 
approved July 1, 1955 (16 U.S.C. 18f), is amended— 
(1) in subsection (b) of the first section, by striking out 
"from such donations and bequests of money; and 
(2) by adding at the end thereof the following: 
•«EC. 2. ADDITIONAL FUNCTIONS. 
16 USC 18f-2. 
"(a) MUSEUM OBJECTS AND COLLECTIONS.—In addition to the 
functions specified in the first section of this Act, the Secretary 
of the Interior may perform the following functions in such manner 
as he shall consider to be in the public interest: 
"(1) Transfer museum objects and museum collections that 
the Secretary determines are no longer needed for museum 
purposes to qualified Federal agencies, including the Smithso-
nian Institution, that have programs to preserve and interpret 
cultural or natural heritage, and accept the transfer of museum 
objects and museum collections for the purposes of this Act 
from any other Federal agency, without reimbursement. The 
head of any other Federal agency may transfer, without 
reimbursement, 
museum objects and museum 
collections 
directly to the administrative jurisdiction of the Secretary of 
the Interior for the purpose of this Act. 
"(2) Convey museum objects and museum collections that 
the Secretary determines are no longer needed for museum 
purposes, without monetary consideration but subject to such 
terms and conditions as the Secretary deems necessary, to 
private institutions exempt from Federal taxation under section 
501(c)(3) of the Internal Revenue Code of 1986 and to non-
Federal governmental entities if the Secretary determines that 
the recipient is dedicated to the preservation and interpretation 
of natural or cultural heritage and is qualified to manage 
the property, prior to any conveysmce under this subsection. 
"(3) Destroy or cause to be destroyed museum objects and 
museum collections that the Secretary determines to have no 
scientific, cultural, historic, educationeil, esthetic, or monetary 
value. 
110 STAT. 4188 
PUBLIC LAW 104-333—NOV. 12, 1996 
"(b) REVIEW AND APPROVAL.—The Secretary shall ensure that 
museum collections are treated in a careful and deliberate manner 
that protects the public interest. Prior to taking any action under 
subsection (a), the Secretary shall establish a systematic review 
and approval process, including consultation with appropriate 
experts, that meets the highest standards of the museum profession 
for all actions taken under this section.". 
(b) APPLICATION AND DEFINITIONS.—The Act entitled "An Act 
to increase the public benefits from the National Park System 
by facilitating the management of museum properties relating 
thereto, and for other purposes" approved July 1, 1955 (16 U.S.C. 
ISf), as amended by subsection (a), is further amended by adding 
the following after section 2: 
16 use 18f-3. 
"SEC. 3. APPUCATION AND DEFINITIONS. 
"(a) APPLICATION.—^Authorities in this Act shall be available 
to the Secretary of the Interior with regard to museum objects 
and museum collections that were under the administrative jurisdic-
tion of the Secretary for the purposes of the National Park System 
before the date of enactment of this section as well as those museum 
objects and museum collections that may be acquired on or after 
such date. 
"(b) DEFINITION.—^For the purposes of this Act, the terms 
'museum objects' and 'museum collections' mean objects that are 
eligible to be or are made part of a museum, library, or archive 
collection through a formal procedure, such as accessioning. Such 
objects are usually movable and include but are not limited to 
prehistoric and historic artifacts, works of art, books, documents, 
photographs, and natural history specimens.". 
SEC. 805. VOLUNTEERS IN PARKS INCREASE. 
Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 
ISj) is amended by striking out "$1,000,000" and inserting in lieu 
thereof "$3,500,000". 
SEC. 
806. 
CARL 
GARNER 
FEDERAL 
LANDS 
CLEANUP 
DAY. 
The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i-
36 use I69i, 
169-1) is amended by striking the terms "Federal Lands Cleanup 
I69i-l. 
Day" each place it appears and inserting "Carl Gamer Federal 
Lands Cleanup Day". 
SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA. 
16 use 431 note. 
Section 4 of the Act of June 26, 1936 (ch. 844; 49 Stat. 1979), 
is amended by striking ": Provided, That" and all that follows 
and inserting a period. 
16 use 230 note. 
SEC. 808. LAURA C. HUDSON VISITOR CENTER. 
(a) DESIGNATION.—^The visitor center at Jean Lafitte National 
Historical Park, located at 419 Rue Decatur in New Orleans, 
Louisiana, is hereby designated as the "Laura C. Hudson Visitor 
Center". 
(b) LEGAL REFERENCES.—Any reference in any law, regulation, 
paper, record, map, or any other document of the United States 
to the visitor center referred to in subsection (a) shall be deemed 
to be a reference to the "Laura C, Hudson Visitor Center". 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4189 
SEC. 809. ROBERT J. LAGOMARSINO VISITOR CENTER. 
(a) DESIGNATION.—^The visitor center at the Channel Islands 
National 
Park, California, is designated as the "Robert J. 
Lagomarsino Visitor Center". 
(b) LEGAL REFERENCES.—Any reference in any law, regulation, 
document, record, map, or other document of the United States 
to the visitor center referred to in section 301 is deemed to be 
a reference to the "Robert J. Lagomarsino Visitor Center". 
SEC. 
810. 
EXPENDITURE 
OF 
FUNDS 
OUTSIDE 
AUTHORIZED 
BOUNDARY 
OF 
ROCKY 
MOUNTAIN 
NATIONAL 
PARK. 
The Secretary of the Interior is authorized to collect and expend 
donated funds and expend appropriated funds for the operation 
and maintenance of a visitor center to be constructed for visitors 
to and administration of Rocky Mountain National Park with 
private funds on privately owned Ismds located outside the boundary 
of the park. 
SEC. 811. DAYTON AVIATION. 
Section 201(b) of the Dayton Aviation Heritage Preservation 
Act of 1992 (Public Law 102-419, approved October 16, 1992) 
is amended as follows: 
(1) In paragraph (2), by striking "from recommendations' 
and inserting "after consideration of recommendations". 
(2) In psiragraph (4), by striking "from recommendations'' 
and inserting "aJter consideration of recommendations". 
(3) In paragraph (5), by striking "from recommendations' 
and inserting "after consideration of recommendations". 
(4) In paragraph (6), by striking "from recommendations" 
and inserting "after consideration of recommendations". 
(5) In paragraph (7), by striking "from recommendations' 
and inserting "after consideration of recommendations". 
SEC. 812. PROmBITION ON CERTAIN TRANSFERS OF NATIONAL 
FOREST LANDS. 
After the date of the enactment of this Act the Secretary 
of Agriculture shall not transfer (by exchange or otherwise) any 
lands owned by the United States and managed by the Secretary 
as part of the Angeles National Forest to any person unless the 
instrument of conveyance contains a restriction, enforceable by 
the Secretary, on the future use of such land prohibiting the use 
of any portion of such land as a solid waste landfill. Such restriction 
shall be promptly enforced by the Secretary when Eind if a violation 
of the restriction occurs. 
SEC. 813. GRAND LAKE CEMETERY. 
(a) AGREEMENT.—^Notwithstanding any other law, not later 
than 6 months after the date of enactment of this Act, the Secretary 
of the Interior shall enter into an appropriate form of agreement 
with the town of Grand Lake, Colorado, authorizing the town to 
maintain permanently, under appropriate terms and conditions, 
a cemetery within the boundaries of the Rocky Mountain National 
Park. 
(b) CEMETERY BOUNDARIES.—^The cemetery shall be comprised 
of approximately 5 acres of land, as generally depicted on the 
map entitled "Grand Lake Cemetery" and dated February 1995. 
(c) AVAILABILITY FOR PUBLIC INSPECTION.—The Secretary of 
the Interior shall place the map described in subsection (b) on 
16 use 410ff 
note. 
16 use 195 note. 
16 use 
410WW-21. 
110 STAT. 4190 
PUBLIC LAW 104-333—NOV. 12, 1996 
file, and make the map available for public inspection, in the 
headquarters office of the Rocky Mountain National Park. 
(d) LIMITATION.—^The cemetery shall not be extended beyond 
the boundaries of the cemetery shown on the map described in 
subsection (b). 
SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM. 
16 use no. 
(a) NATIONAL PARK SERVICE HOUSING IMPROVEMENT.— 
(1) PURPOSES.—^The purposes of this section are— 
(A) to develop where necessary an adequate supply 
of quality housing units for field employees of the National 
Park Service within a reasonable time frame; 
(B) to expand the alternatives available for construc-
tion and repair of essential Government housing; 
(C) to rely on the private sector to finance or supply 
housing in carrying out this section, to the maximum extent 
possible, in order to reduce the need for Federal appropria-
tions; 
(D) to ensure that adequate funds are available to 
provide for long-term maintenance needs of field employee 
housing; and 
(E) to eliminate unnecessary Government housing and 
locate such housing as is required in a manner such that 
primary resource values are not impaired. 
(2) GENERAL AUTHORITY.—^To enhance the ability of the 
Secretary of the Interior (hereafter in this subsection referred 
to as "the Secretary"), acting through the Director of the 
National Park Service, to effectively manage units of the 
National Park System, the Secretary is authorized where nec-
essary and justified to make available employee housing, on 
or off the lands under the administrative jurisdiction of the 
National Park Service, and to rent or lease such housing to 
field employees of the National Park Service at rates based 
on the reasonable value of the housing in accordance with 
requirements applicable under section 5911 of title 5, United 
States Code. 
(3) REVIEW AND REVISION OF HOUSING CRITERIA.—Upon 
the enactment of this Act, the Secretary shall review and revise 
the existing criteria under which housing is provided to employ-
ees of the Nationsd Park Service. Specifically, the Secretary 
shall examine the existing criteria with respect to what cir-
cumstances the National Park Service requires an employee 
to occupy Government quarters to provide necessary services, 
protect Government property, or because of a lack of availability 
of non-Federal housing in the geographic area. 
(4) SUBMISSION OF REPORT.—A report detailing the results 
of the revisions required by paragraph (3) shall be submitted 
to the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the 
Senate not later than 180 days after the date of the enactment 
of this Act. The report shall include justifications for keeping, 
or for changing, each of the criteria or factors used by the 
Department of the Interior with regard to the provision of 
housing to employees of the National Park Service. 
(5) REVIEW OF CONDITION OF AND COSTS RELATING TO 
HOUSING.—^Using the revised criteria developed under para-
graph (3), the Secretary shall undertake a review, for each 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4191 
unit of the National Park System, of existing government-
owned housing provided to employees of the NationsJ Park 
Service. The review shall include an assessment of the physical 
condition of such housing and the suitability of such housing 
to effectively carry out the missions of the Department of the 
Interior and the National Park Service. For each unit of such 
housing, the Secretary shall determine whether the unit is 
needed and justified. The review shall include estimates of 
the cost of bringing each unit that is needed and justified 
into usable condition that meets all applicable legal housing 
requirements or, if the unit is determined to be obsolete but 
is still warranted to carry out the missions of the Department 
of the Interior and the National Park Service, the cost of 
replacing the unit. 
(6) AUTHORIZATION FOR HOUSING AGREEMENTS.—^For those 
units of the National Park System for which the review required 
by paragraphs (3) and (5) has been completed, the Secretary 
is authorized, pursuant to the authorities contained in this 
subsection and subject to the appropriation of necessary funds 
in advance, to enter into housing agreements with housing 
entities under which such housing entities may develop, con-
struct, rehabilitate, or manage housing, located on or off public 
lands, for rent or lease to National Park Service employees 
who meet the housing eligibility criteria developed by the 
Secretary pursuant to this Act. 
(7) JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAMS.— 
(A) LEASE TO BUILD PROGRAM.—Subject to the appro-
priation of necessary funds in advance, the Secretary may— 
(i) lease Federal land and interests in land to 
qualified persons for the construction of field employee 
quarters for any period not to exceed 50 years; and 
(ii) lease developed and undeveloped non-Federal 
land for providing field employee quarters. 
(B) 
COMPTETITIVE 
LEASING.—^Each 
lease 
under 
subparagraph (A)(i) shall be awarded through the use of 
publicly advertised, competitively bid, or competitively 
negotiated contracting procedures. 
(C) 
TERMS AND CONDITIONS.—^Each 
lease 
under 
subparagraph (A)(i)— 
(i) shall stipulate whether operation and mainte-
nance of field employee quarters is to be provided 
by the lessee, field employees or the Federal Govern-
ment; 
(ii) shall require that the construction and 
rehabilitation of field employee quarters be done in 
accordance with the requirements of the National Park 
Service and local applicable building codes and indus-
try standards; 
(iii) shall contain such additional terms and condi-
tions as may be appropriate to protect the Federal 
interest, including limits on rents the lessee may 
charge field employees for the occupancy of quarters, 
conditions on maintenance and repairs, and agree-
ments on the provision of charges for utilities and 
other infrastructure; and 
(iv) may be granted at less than fair market value 
if the Secretary determines that such lease will 
110 STAT. 4192 
PUBLIC LAW 104-333—NOV. 12, 1996 
improve the quality and availability of field employee 
quarters available. 
(D) CONTRIBUTIONS BY UNITED STATES.—^The Secretary 
may make payments, subject to appropriations, or contribu-
tions in kind either in advance of or on a continuing basis 
to reduce the costs of plsinning, construction, or rehabilita-
tion of quarters on or off Federal lands under a lease 
under this paragraph. 
(8) RENTAL GUARANTEE PROGRAM.— 
(A) GENERAL AUTHORITY.—Subject to the appropriation 
of necessary funds in advance, the Secretary may enter 
into a lease to build arrangement as set forth in paragraph 
(7) with further agreement to guarantee the occupancy 
of field employee quarters constructed or rehabilitated 
under such lease. A guarantee made under this paragraph 
shall be in writing. 
(B) LIMITATIONS.—^The Secretary may not guarantee— 
(i) the occupancy of more than 75 percent of the 
units constructed or rehabilitated under such lease; 
and 
(ii) at a rental rate that exceeds the rate based 
on the reasonable vsilue of the housing in accordance 
with requirements applicable under section 5911 of 
title 5, United States Code. 
In no event shall outstanding guarantees be in excess 
of $3,000,000, 
(C) RENTAL TO GOVERNMENT EMPLOYEES.—^A guarantee 
may be made under this subsection only if the lessee agrees 
to permit the Secretary to utilize for housing purposes 
any units for which the guarantee is made 
(D) FAILURE TO MAINTAIN A SATISFACTORY LEVEL OF 
OPERATION AND MAINTENANCE.—^The lease shall be null 
and void if the lessee fails to maintain a satisfactory level 
of operation and maintenance. 
(9) JOINT DEVELOPMENT AUTHORITY.—^The Secretary may 
use authorities granted by statue in combination with one 
another in the furtherance of providing where necessary and 
justified affordable field employee housing. 
(10) CONTRACTS FOR THE MANAGEMENT OF FIELD EMPLOYEE 
QUARTERS.— 
(A) GENERAL AUTHORITY.—Subject to the appropriation 
of necessary funds in advance, the Secretary may enter 
into contracts of any duration for the management, repair, 
and maintenance of field employee quarters. 
(B) TERMS AND CONDITIONS.—^Any such contract shall 
contain such terms and conditions as the Secretary deems 
necessary or appropriate to protect the interests of the 
United States and assure that necessary quarters are avail-
able to field employees. 
(11) LEASING OF SEASONAL EMPLOYEE QUARTERS.— 
(A) GENERAL AUTHORITY.—Subject to subparagraph 
(B), the Secretary may lease quarters at or near a unit 
of the national park system for use as seasonal quarters 
for field employees. The rent charged to field employees 
under such a lease shall be a rate based on the reasonable 
value of the quarters in accordance with requirements 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4193 
applicable under section 5911 of title 5, United States 
Code. 
(B) LIMITATION.—^The Secretary may only issue a lease 
under subparagraph (A) if the Secretary finds that there 
is a shortage of adequate and affordable seasonal quarters 
at or near such unit and that— 
(i) the requirement for such 
seasonal 
field 
employee quarters is temporary; or 
(ii) leasing would be more cost effective than 
construction of new seasonal field employee quarters. 
(C) UNRECOVERED COSTS.—^The Secretary may pay the 
unrecovered costs of leasing seasonal quarters under this 
paragraph from annual appropriations for the year in which 
such lease is made. 
(12) 
SURVEY 
OF EXISTING 
FACILITIES.—^The 
Secretary 
shall— 
(A) complete a condition assessment for all field 
employee housing, including the physical condition of such 
housing and the necessity and suitability of such housing 
for carrying out the agency mission, using existing informa-
tion; and 
(B) develop an agency-wide priority listing, by struc-
ture, identifying those units in greatest need for repair, 
rehabilitation, replacement, or initial construction. 
(13) USE OF HOUSING-RELATED FUNDS.—Expenditure of any 
funds authorized and appropriated for new construction, repair, 
or rehabilitation of housing under this section shall follow 
the housing priority listing established by the agency under 
paragraph (13), in sequential order, to the maximum extent 
practicable. 
(14) ANNUAL BUDGET SUBMITTAL.—^The President's pro-
posed budget to Congress for the first fiscal year beginning 
after enactment of this Act, and for each subsequent fiscal 
year, shall include identification of nonconstruction funds to 
be spent for National Park Service housing msiintenance and 
operations which are in addition to rental receipts collected. 
(15) STUDY OF HOUSING ALLOWANCES.—Within 12 months 
after the date of enactment of this Act, the Secretary shall 
conduct a study to determine the feasibility of providing eligible 
employees of the National Park Service with housing allowances 
rather than Grovemment housing. The study shall specifically 
examine the feasibility of providing rental allowances to tem-
porary and lower paid permanent employees. Whenever the 
Secretary submits a copy of such study to the Office of Manage-
ment and Budget, he shall concurrently transmit copies of 
the report to the Resources Committee of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate. 
(16) STUDY OF SALE OF EMPLOYEE HOUSING.—Within 18 
months of the date of the enactment of the Act, the Secretary 
shall complete a study of the sale of Grovemment quarters 
to a cooperative consisting of field employees. The Secretary 
shall examine the potential benefits to the Grovemment as 
well as the employees and any risks associated with such 
a program. 
(17) GENERAL PROVISIONS.— 
110 STAT. 4194 
PUBLIC LAW 104-333—NOV. 12, 1996 
(A) CONSTRUCTION LIMITATIONS ON FEDERAL LANDS.— 
The Secretary may not utilize any lands for the purposes 
of providing field employee housing under this section 
which will iinpact primary resource values of the area 
or adversely affect the mission of the agency. 
(B) RENTAL RATES.—^To the extent practicable, the 
Secretary shall establish rental rates for all quarters occu-
pied by field employees of the National Park Service that 
are based on the reasonable value of the quarters in accord-
ance with requirements applicable under section 5911 of 
title 5, United States Code. 
(C) EXEMPTION FROM LEASING REQUIREMENTS.—^The 
provisions of section 5 of the Act of July 15, 1968 (82 
Stat. 354, 356; 16 U.S.C. 4601-22), and section 321 of 
the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412), 
shall not apply to leases issued by the Secretary under 
this section. 
(18) PROCEEDS.—^The proceeds from any lease under para-
graph (7)(A)(i)(I), any lease under paragraph (11)(B), and any 
lease of seasonal quarters under subsection (1), shall be retained 
by the National Park Service. Such proceeds shall be deposited 
into the special fund established for maintenance and operation 
of quarters. 
(19) DEFINITIONS.—^For purposes of this subsection: 
(A) The term "field employee" means— 
(i) an employee of the National Park Service who 
is exclusively assigned by the National Park Service 
to perform duties at a field unit, and the members 
of their family; and 
(ii) other individuals who are authorized to occupy 
Government quarters under section 5911 of title 5, 
United States Code, and for whom there is no feasible 
alternative to the provision of Government housing, 
and the members of their family. 
(B) The term "land management agencjr" means the 
National Park Service, Department of the Interior. 
(C) The term 
"primary resource values" means 
resources which are specifically mentioned in the enabling 
legislation for that field unit or other resource value 
recognized under Federal statute. 
(D) The term "quarters" means quarters owned or 
leased by the Grovemment. 
(E) The term "seasonal quarters" means quarters 
tjrpically occupied by field employees who are hired on 
assignments of 6 months or less. 
(b) MINOR BOUNDARY REVISION AUTHORITY.—Section 7(c) of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
4601-9(c)) is amended as follows: 
(1) In the first sentence, by striking "Committee on 
Natural" and inserting "Committee on". 
(2)(A) By striking ": Provided, however," and all that follows 
through "1965"; and 
(B) by inserting "(1)" after "(c)" and by inserting at the 
end the following: 
"(2) For the purposes of clause (i) of paragraph (1), in all 
cases except the case of technical boundary revisions (resulting 
from such causes as survey error or cheinged road alignments), 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4195 
the authority of the Secretary under such clause (i) shall apply 
only if each of the following conditions is met: 
"(A) The sum of the total acreage of lands, waters, and 
interests therein to be added to the area and the total such 
acreage to be deleted from the area is not more than 5 percent 
of the total Federal acreage authorized to be included in the 
area and is less than 200 acres in size. 
"(B) The acquisition, if any, is not a major Federal action 
significantly affecting the quality of the human environment, 
as determined by the Secretary. 
"(C) The sum of the total appraised value of the lands, 
water, and interest therein to be added to the area and the 
total appraised value of the lands, waters, and interests therein 
to be deleted from the area does not exceed $750,000. 
"(D) The proposed boundary revision is not an element 
of a more comprehensive boundary modification proposal. 
"(E) The proposed boundary has been subject to a public 
review and comment period. 
"(F) The Director of the National Park Service obtains 
written consent for the boundary modification from all property 
owners whose lands, water, or interests therein, or a portion 
of whose lands, water, or interests therein, will be added to 
or deleted from the area by the boundary modification. 
"(G) The Isinds are adjacent to other Federal lands adminis-
tered by the Director of the National Park Service. 
"Minor boundary revisions involving only deletions of acreage owned 
by the Federal Government and administered by the National Park 
Service may be made only by Act of Congress.". 
(c) AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED i6USC346e. 
OUTSIDE THE BOUNDARIES OF ZION NATIONAL PARK.—In order to 
facilitate the administration of Zion National Park, the Secretary 
of the Interior is authorized, under such terms and conditions 
as he may deem advisable, to expend donated or appropriated 
funds for the establishment of essential facilities for park adminis-
tration and visitor use outside the boundaries, but within the 
vicinity, of the park. Such facilities and the use thereof shall be 
in conformity with approved plans for the park. The Secretary 
shall use existing facilities wherever feasible. Such facilities may 
only be constructed by the Secretary upon a finding that the location 
of such facilities would— 
(1) avoid undue degradation of natural or cultural resources 
within the park; 
(2) enhsince service to the public; or 
(3) provide a cost saving to the Federal Government. 
The Secretary is authorized to enter into cooperative agreements Contracts, 
with State or local governments or private entities to undertake 
the authority granted under this subsection. The Secretary is 
encouraged to identify and utilize funding sources to supplement 
any Federal funding used for these facilities. 
(d) ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING 
REQUIREMENTS.— 
(1) REPEALS.—^The following provisions are hereby repealed: 
(A) Section 302(c) of the Act entitled "An Act to author-
ize the establishment of the Chattahoochee River National 
Recreation Area in the State of Georgia, and for other 
purposes (Public Law 95-344; 92 Stat. 478; 16 U.S.C. 
2302(c)). 
110 STAT. 4196 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) Section 503 of the Act of December 19, 1980 (Public 
Law 96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2). 
(C) Subsections (b) and (c) of section 4 of the Act 
of October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 
16 U.S.C. 341 note). 
(D) Section 7 of Public Law 89-671 (96 Stat. 1457; 
16 U.S.C. 284f). 
(E) Section 3(c) of the National Trails System Act 
(Public Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)). 
(F) Section 4(b) of the Act of October 24, 1984 (Public 
Law 98-540; 98 Stat. 2720; 16 U.S.C. la-8). 
(G) Section 106(b) of the National Visitor Center Facili-
ties Act of 1968 (Public Law 90-264; 82 Stat. 44; 40 U.S.C. 
805(b)). 
(H) Section 6(f)(7) of the Act of September 3, 1964 
(Public Law 88-578; 78 Stat. 900; 16 U.S.C. 4601-8(f)(7)). 
(I) Subsection (b) of section 8 of the Act of August 
18, 1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 
la-5(b)). 
(J) The last sentence of section 10(a)(2) of the National 
Trails System Act (Public Law 90-543; 82 Stat. 926; 16 
U.S.C. 1249(a)(2)). 
(K) Section 4 of the Act of October 31, 1988 (Public 
Law 100-573; Stat. 2891; 16 U.S.C. 460o note). 
(L) Section 104(b) of the Act of November 19, 1988 
16 use 461 note. 
(Public Law 100-698; 102 Stat. 4621). 
(M) Section 1015(b) of the Urban Park and Recreation 
Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 
16 U.S.C. 2514(b)). 
(N) Section 105 of the Act of August 13, 1970 (Public 
Law 91-378; 16 U.S.C. 1705). 
(O) Section 307(b) of the National Historic Preservation 
Act (Public Law 89-665; 16 U.S.C. 470w-6(b)). 
(2) AMENDMENTS.—^The following provisions are amended: 
(A) Section 10 of the Archaeological Resources Protec-
tion Act of 1979, by striking the last sentence of subsection 
(c) (PubUc Law 96-95; 16 U.S.C. 470ii(c)). 
(B) Section 5(c) of the Act of June 27, 1960 (PubUc 
Law 86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by insert-
ing a period after "Act" and striking "and shall submit" 
and all that follows. 
(C) Section 7(a)(3) of the Act of September 3, 1964 
(Public Law 88-578; 78 Stat. 903; 16 U.S.C. 4601-9(a)(3)), 
by striking the last sentence. 
(D) Section 111 of the Petroglyph National Monument 
Establishment Act of 1990 (Public Law 101-313; 104 Stat. 
16 use 431 note. 
278), by striking the second sentence. 
(E) Section 307(a) of the National Historic Preservation 
Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended 
by striking the first and second sentences. 
(F) Section 101(a)(1)(B) of the National Historic 
Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by 
inserting a period after "Register" the last place such term 
appears and by striking "and submitted" and all that 
follows. 
(e) SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL 
PARK SERVICE.— 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4197 
(1) IN GENERAL.—The first section of the Act entitled "An 
Act to establish a National Park Service, and for other pur-
poses", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 
1; commonly referred to as the "National Park Service Organic 
Act"), is amended in the first sentence by striking "who shall 
be appointed by the Secretary and all that follows and 
inserting "who shall be appointed by the President, by and 
with the advice and consent of thf Senate. The Director shall 
have substantial experience and demonstrated competence in 
land management and natural or cultural resource conserva-
tion. The Director shall select two Deputy Directors. The first 
Deputy Director shall have responsibility for National Park 
Service operations, and the second Deputy Director shall have 
responsibility for other programs assigned to the National Park 
Service.". 
(2) EFFECTIVE DATE AND APPLICATION.—^The amendment 
16 use i note, 
made by subsection (a) shall take effect on February 1, 1997, 
and shall apply with respect to the individual (if any) serving 
as the Director of the National Park Service on that date. 
(f) NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.— 
(1) NATIONAL PARK SYSTEM ADVISORY BOARD.—Section 3 
of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) 
is amended as follows: 
(A) In subsection (a) by striking the first 3 sentences 
and inserting in lieu thereof: "There is hereby established 
a National Park System Advisory Board, whose purpose 
shall be to advise the Director of the National Park Service 
on matters relating to the National Park Service, the 
National Park System, and programs administered by the 
National Park Service. The Board shall advise the Director 
on matters submitted to the Board by the Director as 
well as any other issues identified by the Board. Members 
of the Board shall be appointed on a staggered term basis 
by the Secretary for a term not to exceed 4 years and 
shall serve at the pleasure of the Secretary. The Board 
shall be comprised of no more than 12 persons, appointed 
from among citizens of the United States having a dem-
onstrated commitment to the mission of the National Park 
Service. Board members shall be selected to represent var-
ious geographic regions, including each of the administra-
tive regions of the National Park Service. At least 6 of 
the members shall have outstanding expertise in 1 or more 
of the following fields: history, archeology, anthropology, 
historical or landscape architecture, biology, ecology, geol-
ogy, marine science, or social science. At least 4 of the 
members shall have outstanding expertise and prior experi-
ence in the management of national or State parks or 
protected areas, or national or cultural resources manage-
ment. The remaining members shall have outstanding 
expertise in 1 or more of the areas described above or 
in another professional or scientific discipline, such as 
financial management, recreation use management, land 
use planning or business management, important to the 
mission of the National Park Service. At least 1 individual 
shall be a locally elected official from an area adjacent 
to a park. The Board shall hold its first meeting by no 
later than 60 days after the date on which all members 
110 STAT. 4198 
PUBLIC LAW 104-333—NOV. 12, 1996 
of the Advisory Board who are to be appointed have been 
appointed. Any vacancy in the Board shall not giffect its 
powers, but shall be filled in the same manner in which 
the original appointment was made. The Board may adopt 
such rules as may be necessary to establish its procedures 
and to govern the manner of its operations, organization, 
and personnel. All members of the Board shall be 
reimbursed for travel and per diem in lieu of subsistence 
expenses during the performance of duties of the Board 
while away from home or their regular place of business, 
in accordance with subchapter 1 of chapter 57 of title 
5, United States Code. With the exception of travel and 
per diem as noted above, a member of the Board who 
is otherwise an officer or employee of the United States 
Government shall serve on the Board without additional 
compensation.". 
(B) By redesignating subsections (b) and (c) as (f) and 
(g) and by striking from the first sentence of subsection 
(!;, as so redesignated "1995" and inserting in lieu thereof 
"2006". 
(C) By adding the following new subsections after 
subsection (a): 
"(b)(1) The Secretary is authorized to hire 2 full-time staffers 
to meet the needs of the Advisory Board. 
"(2) Service of an individual as a member of the Board shall 
not be considered as service or emplojrment bringing such individual 
within the provisions of any Federal law relating to conflicts of 
interest or otherwise imposing restrictions, requirements, or pen-
alties in relation to the employment of persons, the performance 
of services, or the payment or receipt of compensation in connection 
with claims, proceedings, or matters involving the United States. 
Service as a member of the Board, or as an employee of the 
Board, shall not be considered service in an appointive or elective 
position in the Government for purposes of section 8344 of title 
5, United States Code, or comparable provisions of Federal law. 
"(c)(1) 
Upon 
request 
of 
the 
Director, 
the 
Board 
is 
authorized to— 
"(A) hold such hearings and sit and act at such times, 
"(B) take such testimony, 
"(C) have such printing and binding done, 
"(D) enter into such contracts and other arrangements. 
"(E) make such expenditures, and 
"(F) take such other actions, as the Board may deem 
advisable. Any member of the Board may administer oaths 
or affirmations to witnesses appearing before the Board. 
"(2) The Board may establish committees or subcommittees. 
Any such subcommittees or committees shall be chaired by a voting 
member of the Board. 
"(d) The provisions of the Federal Advisory Committee Act 
shall apply to the Board established under this section with the 
exception of section 14(b). 
"(e)(1) The Board is authorized to secure directly from any 
office, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Board may require 
for the purpose of this section, and each such officer, department, 
agency, establishment, or instrumentality is authorized and directed 
to furnish, to the extent permitted by law, such information, sugges-
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4199 
tions, estimates, and statistics directly to the Board, upon request 
made by a member of the Board. 
"(2) Upon the request of the Board, the head of any Federal 
department, agency, or instrumentality is authorized to make any 
of the facilities and services of such department, agency, or 
instrumentality to the Board, on a nonreimbursable basis, to assist 
the Board in carrying out its duties under this section. 
"(3) The Board may use the United States mails in the same 
manner and under the same conditions as other departments and 
agencies in the United States.". 
(2) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—^There 
are i6 use 463 note, 
authorized to be appropriated to the National Park System 
Advisory Board $200,000 per year to carry out the provisions 
of section 3 of the Act of August 21, 1935 (49 Stat. 667; 
16 U.S.C. 463). 
(3) EFFECTIVE DATE.—^This subsection shall take effect on 16 use 463 note. 
December 7, 1997. 
(g) CHALLENGE COST-SHARE AGREEMENT AUTHORITY.— 
i6 use if. 
(1) DEFINITIONS.—For purposes of this subsection: 
(A) The term "challenge cost-share agreement" means 
any agreement entered into between the Secretary and 
any cooperator for the purpose of sharing costs or services 
in carrying out authorized functions and responsibilities 
of the Secretary of the Interior with respect to any unit 
or program of the National Park System (as defined in 
section 2(a) of the Act of August 8, 1953 (16 U.S.C. lc(a))), 
any affiliated area, or any designated National Scenic or 
Historic Trail. 
(B) The term "cooperator" means any State or local 
government, public or private agency, orgsinization, institu-
tion, corporation, individual, or other entity. 
(2) 
CHALLENGE 
COST-SHARE 
AGREEMENTS.—^The 
Secretary of the Interior is authorized to negotiate and enter 
into challenge cost-share agreements with cooperators. 
(3) USE OF FEDERAL FUNDS.—In carrying out challenge 
cost-share agreements, the Secretary of the Interior is author-
ized to provide the Federal funding share from any funds 
available to the National Park Service. 
(h) 
COST 
RECOVERY FOR DAMAGE 
TO NATIONAL 
PARK 
RESOURCES.—Public Law 101-337 is amended as follows: 
(1) In section 1 (16 U.S.C. 19jj), by amending subsection 
(d) to read as follows: 
"(d) 'Park system resource' means any living or non-living 
resource that is located within the boundaries of a unit of the 
National Park System, except for resources owned by a non-Federal 
entity.". 
(2) In section 1 (16 U.S.C. 19jj) by adding at the end 
thereof the following: 
"(g) 'Marine or aquatic park system resource' means any living 
or non-living part of a marine or aquatic regimen within or is 
a living part of a marine or aquatic regimen within the boundaries 
of a unit of the National Park System, except for resources owned 
by a non-Federal entity.". 
(3) In section 2(b) (16 U.S.C. 19jj-l(b)), by inserting "any 
marine or aquatic park resource" after "any park system 
resource". 
110 STAT. 4200 
PUBLIC LAW 104-333—NOV. 12, 1996 
Oregon. 
State listing. 
California. 
Effective date. 
SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER. 
(a) DESIGNATION.—^The Bureau of Land Management's visitors 
center in Rand, Oregon is hereby designated as the "William B. 
SmuUin Visitor Center". 
(b) LEGAL REFERENCES.—^Any reference in any law, regulation, 
document, record, map, or other document of the United States 
to the visitor center referred to in subsection (a) shall be deemed 
to be a reference to the "William B. SmuUin Visitor Center". 
SEC. 816. CALUMET ECOLOGICAL PARK 
(a) FEASIBILITY STUDY.— 
(1) IN GENERAL.—^Not later than 6 months after the date 
of enactment of this Act, the Secretary of the Interior shall 
conduct a study of the feasibility of establishing an urban 
ecological park to be known as "Calumet Ecological Park", 
in the Lake Calumet area situated between the Illinois and 
Michigan Canal National Heritage Corridor and the Indiana 
Dunes National Lakeshore. 
(2) PARTICULARS OF STUDY.—^The study under paragraph 
(1) shall include consideration of the following: 
(A) The suitability of establishing a park in the Lake 
Calumet area that— 
(i) conserves and protects the wealth of natural 
resources threatened by development and pollution in 
the Lake Calumet area; and 
(ii) consists of a number of nonadjacent sites 
forming green corridors between the Illinois and Michi-
gan Canal National Heritage Corridor and the Indiana 
Dunes National Lakeshore, that are based on the lakes 
and waterways in the area. 
(B) The long-term future use of the Lake Calumet 
area. 
(C) Ways in which a Calumet Ecological Park would— 
(i) benefit and enhance the cultural, historical, 
and natural resources of the Lake Calumet area; and 
(ii) preserve natural lands and habitats in the 
Lake Calumet area and northwest Indiana. 
(3) REPORT.—^Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Congress 
a report containing findings and recommendations of a study 
under this section. 
SEC. 817. ACQUISITION OF CERTAIN PROPERTY ON SANTA CRUZ 
ISLAND. 
Section 202 of PubUc Law 96-199 (16 U.S.C. 410ff-l) is 
amended by adding the following new subsection at the end thereof: 
"(e)(1) Notwithstanding any other provision of law, effective 
90 days after the date of enactment of this subsection, all right, 
title, and interest in and to, and the right to immediate possession 
of, the real property on the eastern end of Santa Cruz Island 
which is known as the Gherini Ranch is hereby vested in the 
United States, except for the reserved rights of use and occupancy 
set forth in Instrument No. 90-027494 recorded in the Official 
Records of the County of Santa Barbara, California. 
"(2) The United States shall pay just compensation to the 
owners of any real property taken pursuant to this subsection, 
determined as of the date of taking. The full faith and credit 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4201 
of the United States is hereby pledged to the pajnnent of any 
judgment entered agsiinst the United States with respect to the 
taking of such property. Pa5nnent shall be in the amount of the 
agreed negotiated value of such real property plus interest or the 
valuation of such real property awarded by judgment plus interest. 
Interest shall accrue from the date of taking to the date of pajnnent. 
Interest shall be compounded quarterly and computed at the rate 
applicable for the period involved, as determined by the Secretary 
of the Treasury on the basis of the current average market yield 
on outstanding marketable obligations of the United States of com-
parable maturities from the date of enactment of this subsection 
to the last day of the month preceding the date on which pajonent 
is made. 
"(3) In the absence of a negotiated settlement, or an action 
by the owner, within 1 year after the date of enactment of this 
subsection, the Secretary shall initiate a proceeding, seeking in 
a court of competent jurisdiction a determination of just compensa-
tion with respect to the taking of such property. 
"(4) The Secretary shall not allow any unauthorized use of 
the lands to be acquired under this subsection, except that the 
Secretary shall permit the orderly termination of all current activi-
ties and the removal of any equipment, facilities, or personal prop-
erty.". 
SEC. 818. NATIONAL PARK AGREEMENTS. 
Section 3 of the Act entitled "An Act to improve the administra-
tion of the National Park System by the Secretary of the Interior, 
and to clarify the authorities applicable to the system, and for 
other purposes" approved August 18, 1970 (16 U.S.C. la-2), is 
amended— 
(1) in paragraph (i), by striking the period at the end 
thereof and inserting in lieu thereof"; and"; and 
(2) by adding at the end thereof the following: 
"(j) Enter into cooperative agreements with public or private 
educational institutions. States, and their political subdivisions, 
for the purpose of developing adequate, coordinated, cooperative 
research and training programs concerning the resources of the 
National Park System, and, pursuant to any such agreements, 
to accept from and make available to the cooperator such technical 
and support staff, financial assistance for mutually agreed upon 
research projects, supplies and equipment, facilities, and adminis-
trative services relating to cooperative research units as the Sec-
retary deems appropriate; except that this paragraph shall not 
waive any requirements for research projects that are subject to 
the Federal procurement regulations.". 
TITLE rx—HERITAGE AREAS 
SEC. 
901. BLACKSTONE 
RIVER VALLEY 
NATIONAL HERITAGE Massadiusetts. 
CORRIDOR. 
Bhode Island. 
(a) BOUNDARY CHANGES.—Section 2 of the Act entitled "An 
Act to establish the Blackstone River Valley National Heritage 
Corridor in Massachusetts and Rhode Island", approved November 
10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended 
by striking the first sentence and inserting the following new sen-
tence: "The boundaries shall include the lands and water generally 
110 STAT. 4202 
PUBLIC LAW 104-333—NOV. 12, 1996 
depicted on the map entitled 'Blackstone River Valley National 
Heritage Corridor Boundary Map', numbered BRV-80-80,011, and 
dated May 2, 1993.". 
(b) TERMS.—Section 3(c) of the Act entitled "An Act to establish 
the Blackstone River Valley Nationsd Heritage Corridor in 
Massachusetts and Rhode Island", approved November 10, 1986 
(Public Law 99-647; 16 U.S.C. 461 note), is amended by inserting 
before the period at the end the following: ", but may continue 
to serve after the expiration of this term until a successor has 
been appointed". 
(c) REVISION OF PLAN.—Section 6 of the Act entitled "An Act 
to establish the Blackstone River Valley National Heritage Corridor 
in Massachusetts and Rhode Island", approved November 10, 1986 
(Public Law 99-647; 16 U.S.C. 461 note), is amended by adding 
at the end the following new subsection: 
"(d) REVISION OF PLAN.—<1) Not later than 1 year after the 
date of the enactment of this subsection, the Commission, with 
the approval of the Secretary, shall revise the Cultural Heritage 
and Land Management Plan. The revision shall address the bound-
ary change and shall include a natural resource inventory of areas 
or features that should be protected, restored, managed, or acquired 
because of their contribution to the understanding of national 
cultural landscape values. 
"(2) No changes other than minor revisions may be made in 
the approval plan as amended without the approval of the Secretary. 
The Secretary shall approve or disapprove any proposed changes 
in the plan, except minor revisions, in accordance with subsection 
(b).". 
(d) EXTENSION OF COMMISSION.—Section 7 of the Act entitled 
"An Act to establish the Blackstone River Valley National Heritage 
Corridor in Massachusetts and Rhode Island", approved November 
10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended 
to read as follows: 
"SEC. 7. TERMINATION OF COMMISSION. 
"The Commission shall terminate on the date that is 10 years 
after the date of enactment of this section.". 
(e) IMPLEMENTATION OF PLAN.—Subsection (c) of section 8 of 
the Act entitled "An Act to establish the Blackstone River Valley 
National Heritage Corridor in Massachusetts and Rhode Island", 
approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 
note), is amended to read as follows: 
"(c) IMPLEMENTATION.—(1) To assist in the implementation of 
the Cultural Heritage and Land Management Plan in a manner 
consistent with purposes of this Act, the Secretary is authorized 
to undertake a limited program of financial assistance for the 
purpose of providing funds for the preservation and restoration 
of structures on or eligible for inclusion on the National Register 
of Historic Places within the Corridor which exhibit national signifi-
cance or provide a wide spectrum of historic, recreational, or 
environmental education opportunities to the general public. 
"(2) To be eligible for funds under this section, the Commission 
shall submit an application to the Secretary that includes— 
"(A) a 10-year development plan including those resource 
protection needs and projects critical to maintaining or inter-
preting the distinctive character of the Corridor; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4203 
"(B) specific descriptions of annual work programs that 
have been assembled, the peirticipating parties, roles, cost esti-
mates, cost-sharing, or cooperative agreements necessary to 
carry out the development plan. 
"(3) Funds made available pursuant to this subsection shall 
not exceed 50 percent of the total cost of the work programs. 
"(4) In malang the funds available, the Secretary shall give 
priority to projects that attract greater non-Federal funding sources. 
"(5) Any pajrment made for the purposes of conservation or 
restoration of real property or structures shall be subject to an 
agreement either— 
"(A) to convey a conservation or preservation easement 
to the Department of Environmental Management or to the 
Historic Preservation Commission, as appropriate, of the State 
in which the real property or structure is located; or 
"(B) that conversion, use, or disposal of the resources so 
assisted for purposes contrary to the purposes of this Act, 
as determined by the Secretary, shall result in a right of 
the United States for reimbursement of all funds expended 
upon such resources or the proportion of the increased value 
of the resources attributable to such funds as determined at 
the time of such conversion, use, or disposal, whichever is 
greater. 
"(6) The authority to determine that a conversion, use, or 
disposal of resources has been carried out contrary to the purposes 
of this Act in violation of an agreement entered into under para-
graph (5)(A) shall be solely at the discretion of the Secretary.". 
(f) LOCAL AUTHORITY.—Section 5 of the Act entitled "An 
Act 
to establish the Blackstone River Valley National Heritage Corridor 
in Massachusetts and Rhode Island", approved November 10, 1986 
(Public Law 99-647; 16 U.S.C. 461 note), is amended by adding 
at the end the following new subsection: 
"(j) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.— 
Nothing in this Act shall be construed to affect or to authorize 
the Commission to interfere with— 
"(1) the rights of any person with respect to private 
property; or 
"(2) any local zoning ordinance or land use plan of the 
Commonwealth of Massachusetts or any political subdivision 
of the Commonwealth.". 
(g) AUTHORIZATION OF APPROPRIATIONS.—^Notwithstanding any 
other provisions of law regarding limitations on funding for heritage 
areas, section 10 of the Act entitled "An Act to establish the Black-
stone River Valley National Heritage Corridor in Massachusetts 
and Rhode Island", approved November 10, 1986 (Public Law 99-
647; 16 U.S.C. 461 note), as amended, is further amended: 
(1) in subsection (a), by striking "$350,000" and inserting 
"$650,000"; and 
(2) by amending subsection (b) to read as follows: 
"(b) DEVELOPMENT FUNDS.—For fiscal year 1996, 1997, and Appropriation 
1998, there is authorized to be appropriated to carry out section authoriization. 
8(c) not to exceed $5,000,000.". 
110 STAT. 4204 
PUBLIC LAW 104-333—NOV. 12, 1996 
Notification. 
Tallgrass Prairie 
National 
I*reserve Act of 
1996. 
Kansas. 
16 u s e 698u 
note. 
16 u s e 698u. 
SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL 
HERITAGE 
CORRIDOR 
The Illinois and Michigan Canal National Heritage Corridor 
Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended 
by inserting after section 117 the following new section: 
"SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR. 
'The Commission shall undertake a study to determine whether 
the Joliet Army Ammunition Plant and the Calumet-Sag and 
Chicago Sanitary and Ship Canals should be added to the corridor. 
The study shall specifically examine the relationship between the 
purposes of this Act and the areas proposed for study £ind shall 
identify any specific resources which are related to the purposes 
for which the corridor was established. The study shall propose 
boundaries which provide for the inclusion of any related resources 
within the corridor. The Commission shall submit the study to 
the Secretary and the appropriate congressional committees. Upon 
receipt of the study, the Secretary shall determine which lands 
(if any) should be added to the corridor and shall so notify the 
appropriate congressional committees.". 
TITLE X—MISCELLANEOUS 
Subtitle A—^Tallgrass Prairie National 
Preserve 
SEC. 1001. SHORT TITLE. 
This subtitle may be cited as the "Tallgrass Prairie National 
Preserve Act of 1996". 
SEC. 1002. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) of the 400,000 square miles of tallgrass prairie that 
once covered the North American Continent, less than 1 percent 
remains, primarily in the Flint Hills of Kansas; 
(2) in 1991, the National Park Service conducted a special 
resource study of the Spring Hill Ranch, located in the Flint 
Hills of Kansas; 
(3) the study concludes that the Spring Hill Ranch— 
(A) is a nationally significant example of the once 
vast tallgrass ecosystem, and includes buildings listed on 
the National Register of Historic Places pursuant to section 
101 of the National Historic Preservation Act (16 U.S.C. 
470a) that represent outstanding examples of Second 
Empire and other 19th Century architectural styles; and 
(B) is suitable and feasible as a potential addition 
to the National Park System; and 
(4) the National Park Trust, which owns the Spring Hill 
Ranch, has agreed to permit the National Park Service— 
(A) to purchase a portion of the ranch, as specified 
in the subtitle; and 
(B) to manage the ranch in order to— 
(i) conserve the scenery, natural and historic 
objects, and wildlife of the ranch; and 
(ii) provide for the enjoyment of the ranch in such 
a manner and by such means as will leave the scenery, 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4205 
naturgJ and historic objects, and wildlife unimpaired 
for the enjoyment of future generations, 
(b) PURPOSES.—^The purposes of this subtitle are— 
(1) to preserve, protect, and interpret for the public an 
example of a tallgrass prairie ecosystem on the Spring Hill 
Ranch, located in the Flint Hills of Kansas; and 
(2) to preserve and interpret for the public the historic 
and cultural values represented on the Spring Hill Ranch. 
SEC. 1003. DEFmrriONS. 
16 use 698U-1. 
In this subtitle: 
(1) ADVISORY COMMITTEE.—The term "Advisory Committee" 
means the Advisory Committee established under section 1007. 
(2) PRESERVE.—^The term "Preserve" means the Tallgrass 
Prairie National Preserve established by section 1004. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(4) TRUST.—The term "Trust" means the National Park 
Trust, Inc., a District of Columbia nonprofit corporation, or 
any successor-in-interest. 
SEC. 1004. ESTABUSHMENT OF TALLGRASS PRAIRIE NATIONAL 
16USC698u-2. 
PRESERVE. 
(a) IN GENERAL.—In order to provide for the preservation, 
restoration, and interpretation of the Spring Hill Ranch area of 
the Flint Hills of ICansas, for the benefit and enjo5anent of present 
and future generations, there is established the Tallgrass Prairie 
National Preserve. 
(b) DESCRIPTION.—^The Preserve shall consist of the lands and 
interests in land, including approximately 10,894 acres, generally 
depicted on the map entitled "Boundary Map, Flint Hills Prairie 
National Monument" numbered NM-TGP 80,000 and dated June 
1994, more particularly described in the deed filed at 8:22 a.m. 
of June 3, 1994, with the Office of the Register of Deeds in Chase 
County, Kansas, and recorded in Book L-106 at pages 328 through 
339, inclusive. In the case of any difference between the map 
and the legal description, the legal description shall govern, except 
that if, as a result of a survey, the Secretary determines that 
there is a discrepancy with respect to the boundary of the Preserve 
that may be corrected by malang minor changes to the map, the 
Secretary shall make changes to the map as appropriate, and the 
boundaries of the Preserve shall be adjusted accordingly. The map 
shall be on file and available for public inspection in the appropriate 
offices of the National Park Service of the Department of the 
Interior. 
SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE. 
16USC698u-3. 
(a) IN GENERAL.—^The Secretary shall administer the Preserve 
in accordance with this subtitle, the cooperative agreements 
described in subsection (f)(1), and the provisions of law genergJly 
applicable to units of the National Park System, including the 
Act entitled "An Act to establish a National Park Service, and 
for other purposes", approved August 25, 1916 (16 U.S.C. 1, 2 
through 4) and the Act of August 21, 1935 (49 Stat. 666; 16 
U.S.C. 461 et seq.). 
(b) APPLICATION OF REOULATiONS.^With the consent of a 
private owner of land within the boundaries of the Preserve, the 
regulations issued by the Secretary concerning the National Park 
110 STAT. 4206 
PUBLIC LAW 104-333—NOV. 12, 1996 
Service that provide for the proper use, management, and protection 
of persons, property, and natural and cultural resources shall apply 
to the private land. 
(c) FACILITIES.—For purposes of carrying out the duties of the 
Secretary under this subtitle relating to the Preserve, the Secretary 
may, with the consent of a landowner, directly or by contract, 
construct, reconstruct, rehabilitate, or develop essential buildings, 
structures, and related facilities including roads, tredls, and other 
interpretive facilities on real property that is not owned by the 
Federal Government and is located within the Preserve. 
(d) LIABILITY.— 
(1) LIABILITY OF THE UNITED STATES AND ITS OFFICERS 
AND EMPLOYEES.—Except as otherwise provided in this sub-
section, the liability of the United States is subject to the 
terms and conditions of the Federal Tort Claims Act, as 
amended, 28 U.S.C. 2671 et seq., with respect to the claims 
£irising by virtue of the Secretary's administration of the Pre-
serve pursuant to this Act. 
(2) LIABILITY OF LANDOWNERS.— 
(A) The Secretary of the Interior is authorized, under 
such terms and conditions as he deems appropriate, to 
include in any cooperative agreement entered into in 
accordsince with subsection (f)(1) an indemnification provi-
sion by which the United States agrees to hold harmless, 
defend and indemnify the Isindowner in fiiU from and 
against any suit, claim, demand or action, Hability, 
judgment, cost or other fee arising out of any claim of 
personal injury or property damage that occurs in connec-
tion with the operation of the Preserve under the agree-
ment: Provided however. That indemnification shall not 
exceed $3 million per claimant per occurrence. 
(B) The indemnification 
provision 
authorized 
by 
subparagraph (A) shall not include claims for personal 
injury or property damage proximately caused by the 
wanton or willful misconduct of the landowner. 
(e) UNIT OF THE NATIONAL PARK SYSTEM.—The Preserve shall 
be a unit of the National Park System for all purposes, including 
the purpose of exercising authority to charge entrance and admis-
sion fees under section 4 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-6a). 
(f) AGREEMENT AND DONATIONS.— 
(1) AGREEMENTS.—^The Secretary may expend Federal 
funds for the cooperative management of private property 
within the Preserve for research, resource management (includ-
ing pest control and noxious weed control, fire protection, and 
the restoration of buildings), and visitor protection and use. 
(2) DONATIONS.—The Secretary may accept, retain, and 
expend donations of funds, property (other than real property), 
or services 
fi*om 
individuals, foundations, corporations, or public 
entities for the purposes of providing programs, services, 
facilities, or technical assistance that further the purposes of 
this subtitle. 
(g) GENERAL MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than the end of the third full 
fiscal year beginning after the date of enactment of this Act, 
the Secretary shall prepare and submit to the Committee on 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4207 
Energy and Natural Resources of the Senate and the Committee 
on Resources of the House of Representatives a general manage-
ment plan for the Preserve. 
(2) CONSULTATION.—In preparing the general management 
plan, the Secretary, acting through the Director of the National 
Park Service, shall consult with— 
(A)(i) appropriate officials of the Trust; and 
(ii) the Advisory Committee; and 
(B) adjacent landowners, appropriate officials of nearby 
commxmities, the Kansas Department of Wildlife and 
Parks, the Kansas Historical Society, £ind other interested 
parties. 
(3) CONTENT OF PLAN.—The general management pl£in shall 
provide for the following: 
(A) Maintaining and enhancing the tall grass prairie 
within the boundaries of the Preserve. 
(B) Public access and enjo3rment of the property that 
is consistent with the conservation and proper management 
of the historical, cultural, and natural resources of the 
ranch. 
(C) Interpretive and educational programs covering the 
natural history of the prairie, the cultural history of Native 
Americans, and the legacy of ranching in the Flint Hills 
region. 
(D) Provisions requiring the application of applicable 
State law concerning the maintenance of adequate fences 
within the boundaries of the Preserve. In any case in 
which an activity of the National Park Service requires 
fences that exceed the legal fence standard otherwise 
applicable to the Preserve, the National Park Service shall 
pay the additional cost of constructing and maintsdning 
the fences to meet the applicable requirements for that 
activity. 
(E) Provisions requiring the Secretary to comply with 
applicable State noxious weed, pesticide, and animal health 
laws. 
(F) Provisions requiring compliance with applicable 
State water laws and Federal and State waste disposal 
laws (including regulations) and any other applicable law. 
(G) Provisions requiring the Secretary to honor each 
valid existing oil and gas lease for lands within the 
boundaries of the Preserve (as described in section 1004(b)) 
that is in effect on the date of enactment of this Act. 
(H) Provisions requiring the Secretary to offer to enter 
into an agreement with each individual who, as of the 
date of enactment of this Act, holds rights for cattle grazing 
within the boundaries of the Preserve (as described in 
section 1004(b)). 
(4) HUNTING AND FISHING.—The Secretary may allow hunt-
ing and fishing on Federal leuids within the Preserve. 
(5) FINANCIAL ANALYSIS.—AS part of the development of 
the general management plan, the Secretary shall prepare a 
financial 
analysis indicating how the management of the 
P*reserve may be fiiUy supported through fees, private dona-
tions, and other forms of non-Federal fiinding. 
29-1940-96-13:QL3 Part 6 
110 STAT. 4208 
PUBLIC LAW 104-333—NOV. 12, 1996 
16 use 698U-4. 
SEC. 1006. LIMITED AUTHORITY TO ACQUIRE. 
(a) IN GENERAL.—^The Secretary shall acquire, by donation, 
not more than 180 acres of real property within the boundaries 
of the Preserve (as described in section 1004(b)) and the improve-
ments on the real property. 
(b) PAYMENTS IN LIEU OF TAXES.—^For the purposes of payments 
made under chapter 69 of title 31, United States Code, the real 
property described in subsection (a)(1) shall be deemed to have 
been acquired for the purposes specified in section 6904(a) of that 
title. 
(c) PROHIBITIONS.—No property may be acquired under this 
section without the consent of the owner of the property. The 
United States may not acquire fee ownership of any lands within 
the Preserve other than lands described in this section. 
16 use 698U-5. 
SEC. 1007. ADVISORY COMMITTEE. 
(a) 
ESTABLISHMENT.—^There 
is 
established 
an 
advisory 
committee to be known as the "Tsdlgrass Prairie National Preserve 
Advisory Committee". 
(b) 
DUTIES.—^The Advisory 
Committee 
shall 
advise the 
Secretary and the Director of the National Park Service concerning 
the development, management, and interpretation of the Preserve. 
In carrying out those duties, the Advisory Committee shall provide 
timely advice to the Secretary and the Director during the prepara-
tion of the general management plan under section 1005(g). 
(c) MEMBERSHIP.—^The Advisory Committee shall consist of 13 
members, who shall be appointed by the Secretary as follows: 
(1) Three members shall be representatives of the Trust. 
(2) Three members shall be representatives of local 
landowners, cattle ranchers, or other agricultural interests. 
(3) Three members shall be representatives of conservation 
or historic preservation interests. 
(4)(A) One member shall be selected from a list of persons 
recommended by the Chase County Commission in the State 
of Kansas. 
(B) One member shall be selected from a list of persons 
recommended by appropriate officials of Strong City, Kansas, 
and Cottonwood Falls, Kansas. 
(C) One member shall be selected from a list of persons 
recommended by the Gk)vernor of the State of Kansas. 
(5) One member shall be a range management specialist 
representing institutions of higher education (as defined in 
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
1141(a))) in the State of I^nsas. 
(d) TERMS.— 
(1) IN GENERAL.—Each member of the Advisory Committee 
shall be appointed to serve for a term of 3 years, except that 
the initial members shall be appointed as follows: 
(A) Four members shall be appointed, one each from 
paragraphs (1), (2), (3), and (4) of subsection (c), to serve 
for a term of 3 years. 
(B) Four members shall be appointed, one each from 
paragraphs (1), (2), (3), and (4) of subsection (c), to serve 
for a term of 4 years. 
(C) Five members shall be appointed, one each from 
paragraphs (1) through (5) of subsection (c), to serve for 
a term of 5 years. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4209 
(2) REAPPOINTMENT.—^Each member may be reappointed 
to serve a subsequent term. 
(3) EXPIRATION.—^Each member shall continue to serve after 
the expiration of the term of the member until a successor 
is appointed. 
(4) VACANCIES.—^A vacancy on the Advisory Committee 
shall be filled in the same manner as an original appointment 
is made. The member appointed to fill the vacancy shall serve 
until the expiration of the term in which the vacancy occurred, 
(e) CHAIRPERSON.—^The members of the Advisory Committee 
shall select 1 of the members to serve as Chairperson. 
(f) MEETINGS.—^Meetings of the Advisory Committee shall be 
held at the call of the Chairperson or the majority of the Advisory 
Committee. Meetings shall be held at such locations and in such 
a manner as to ensure adequate opportunity for public involvement. 
In compliance with the requirements of the Federal Advisory 
Committee Act (5 U.S.C. App.), the Advisory Committee shall choose 
an appropriate means of providing interested members of the public 
advance notice of scheduled meetings. 
(g) QUORUM.—A majority of the members of the Advisory 
Committee shall constitute a quorum. 
(h) COMPENSATION.—Each member of the Advisory Committee 
shall serve without compensation, except that while engaged in 
official business of the Advisory Committee, the member shall be 
entitled to travel expenses, including per diem in lieu of subsistence 
in the same manner as persons employed intermittently in Govern-
ment service under section 5703 of title 5, United States Code. 
(i) CHARTER.—^The rechartering provisions of section 14(b) of 
the Federal Advisory Committee Act (15 U.S.C. App.) shall not 
apply to the Advisory Committee. 
SEC. 1008. RESTRICTION ON AUTHORITY. 
16 USC 698u-6. 
Nothing in this subtitle shall give the Secretary authority to 
regulate lands outside the land area acquired by the Secretary 
under section 1006(a). 
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 
16USC698u-7. 
There are authorized to be appropriated to the Department 
of the Interior such sums as are necessary to carry out this subtitle. 
Subtitle B—Sterling Forest 
SEC. 1011. PALISADES INTERSTATE PARK COMMISSION. 
(a) FUNDING.—^The Secretary of the Interior is authorized to 
provide funding to the Palisades Interstate Park Commission to 
be used for the acquisition of lands and interests in lands within 
the area generally depicted on the map entitled "Boundary Map, 
Sterling Forest Reserve", numbered SFR-60,001 and dated July 
1, 1994. There are authorized to be appropriated for purposes 
of this section not more than $17,500,000. No funds made available 
under this section may be used for the acquisition of any lands 
or interests in lands without the consent of the owner thereof. 
(b) 
LAND 
EXCHANGE.—The 
Secretary 
of the 
Interior 
is 
authorized to exchange unreserved unappropriated Federal lands 
under the administrative jurisdiction of the Secretary for the lands 
comprising approximately 2,220 acres depicted on the map entitled 
"Sterling Forest, Proposed Sale of Sterling Forest Lands" and dated 
110 STAT. 4210 
PUBLIC LAW 104-333—NOV. 12, 1996 
Expiration date. 
July 25, 1996. The Secretary shall consult with the Grovemor of 
any State in which such unreserved unappropriated lands are 
located prior to carrying out such exchange. The lands acquired 
by the Secretary under this section shall be transferred to the 
Palisades Interstate Park Commission to be included within the 
Sterling Forest Reserve. The lands exchanged under this section 
shall be of equal value, as determined by the Secretary utilizing 
nationally recognized 
appraised standards. The authority 
to 
exchange lands under this section shall expire on the date 18 
months after the date of enactment of this Act. 
Subtitle C—^Additional Provisions 
16 use 460/-10e 
note. 
President. 
Reports. 
16USC460/-10e. 
SEC. 1021. RECREATION LAKES. 
(a) FINDINGS AND PURPOSES.—^The Congress finds that the 
Federal Grovemment, under the authority of the Reclamation Act 
and other statutes, has developed manmade lakes and reservoirs 
that have become a powerful magnet for diverse recreational activi-
ties and that such activities contribute to the well-being of families 
and individuals and the economic viability of local communities. 
The Congress further finds that in order to further the purposes 
of the Land and Water Conservation Fund, the President should 
appoint an advisory commission to review the current 
and 
anticipated demand for recreational opportunities at federally-man-
aged manmade lakes and reservoirs through creative partnerships 
involving Federal, State, and local governments and the private 
sector and to develop alternatives for enhanced recreational use 
of such facilities. 
(b) COMMISSION.—^The Land and Water Conservation Fund Act 
of 1965 (Public Law 88-578, 78 Stat. 897) is amended by adding 
at the end thefoUowing new section: 
"SEC. 13. (a) The President shall appoint an advisory commis-
sion to review the opportunities for enhanced opportunities for 
water-based recreation which shall submit a report to the President 
and to the Committee on Energy and Natural Resources of the 
Senate and to the Committee on Transportation and Infrastructure 
and the Committee on Resources of the House of Representatives 
within one year from the date of enactment of this section. 
"(b) The members of the Commission shall include— 
"(1) the Secretary of the Interior, or his designee; 
"(2) the Secretary of the Army, or his designee; 
"(3) the Chairman of the Tennessee Valley Authority, or 
his designee; 
"(4) the Secretary of Agriculture, or his designee; 
"(5) a person nominated by the National Grovemor's 
Association; and 
"(6) four persons familiar with the interests of the recre-
ation and tourism industry, conservation and recreation use, 
Indian tribes, and local governments, at least one of whom 
shall be familiar with the economics and financing of recreation 
related infrastructure. 
"(c) The President shall appoint one member to serve as 
Chairman. Any vacancy on the Commission shall be filled in the 
same manner as the original appointment. Members of the Commis-
sion shall serve without compensation but shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred by 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4211 
them in the performance of their duties. The Secretary of the 
Interior shall provide all financial, administrative, and staffing 
requirements for the Commission, including office space, furnish-
ings, and equipment. The heads of other Federal agencies are 
authorized, at the request of the Commission, to provide such 
information or personnel, to the extent permitted by law and within 
the limits of available funds, to the Commission as may be useful 
to accomplish the purposes of this section. 
"(d) The Commission may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such 
evidence as it deems advisable: Provided, That, to the mgiximum 
extent possible, the Commission shall use existing data and 
research. The Commission is authorized to use the United States 
mail in the same manner and upon the same conditions as other 
departments and agencies of the United States. 
"(e) The report shall review the extent of water related 
recreation at Federal manmade lakes and reservoirs and shall 
develop alternatives to enhance the opportunities for such use by 
the public. In developing the report, the Commission shall— 
"(1) review the extent to which recreation components 
identified in specific authorizations associated with individual 
Federal mgmmade lakes and reservoirs have been accomplished; 
"(2) evaluate the feasibility of enhancing 
recreation 
opportunities at federally-managed lakes and reservoirs under 
existing statutes; 
"(3) consider legislative changes that would enhance 
recreation opportunities consistent with and subject to the 
achievement of the authorized purposes of Federal water 
projects; and 
"(4) make recommendations on alternatives for enhanced 
recreation opportunities including, but not limited to, the 
establishment of a National Recreation Lake System under 
which specific lakes would receive national designation and 
which would be managed through innovative partnership-based 
agreements between Federal agencies. State and local units 
of government, and the private sector. 
Any such alternatives shall be consistent with and subject to the 
authorized purposes for any manmade lakes and reservoirs and 
shall emphasize private sector initiatives in concert with State 
and local units of government.". 
SEC. 1022. BISTI/DE-NA-Zm WILDERNESS EXPANSION AND FOSSIL 
FOREST PROTECTION. 
(a) SHORT TITLE.—This section may be cited as the "Bisti/ 
De-Na-Zin Wilderness Expansion and Fossil Forest Protection 
Act". 
(b) 
WILDERNESS 
DESIGNATION.—Section 
102 of the 
San 
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3155) is 
amended— 
(1) in subsection (a)— 
(A) by striking "wilderness, and, therefore," and all 
that follows through "System—" and inserting "wilderness 
areas, and as one component of the National Wilderness 
Preservation System, to be known as the 'Bisti/De-Na-Zin 
Wilderness'—"; 
Bisti/De-Na-Zin 
Wilderness 
Expansion and 
Fossil Forest 
Protection Act. 
New Mexico. 
16 use 1132 
note. 
110 STAT. 4212 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) in paragraph (1), by striking ", and which shall 
be known as the Bisti Wilderness; and" and inserting a 
semicolon; 
(C) in paragraph (2), by striking ", and which shall 
be known as the De-Na-Zin Wilderness." and inserting 
"; and "; and 
(D) by adding at the end the following new psiragraph: 
"(3) certain lands in the Farmington District of the Bureau 
of Land Management, New Mexico, which comprise approxi-
mately 16,525 acres, as generally depicted on a map entitled 
*Bisti/De-Na-Zin Wilderness Amendment PropossJ', dated May 
1992."; 
(2) in the first sentence of subsection (c), by inserting 
after "of this Act" the following: "with regard to the areas 
described in paragraphs (1) and (2) of subsection (a), and as 
soon as practicable £dter the date of enactment of subsection 
(a)(3) with regard to the area described in subsection (a)(3)"; 
(3) in subsection (d), by inserting after "of this Act" the 
following: "with regard to the areas described in paragraphs 
(1) and (2) of subsection (a), and where established prior to 
the date of enactment of subsection (a)(3) with regard to the 
area described in subsection (a)(3)"; and 
(4) by adding at the end the following new subsection: 
"(eXl) Subject to valid existing rights, the leinds described in 
subsection (a)(3) are withdrawn from all forms of appropriation 
under the mining laws and from disposition under all laws pertain-
ing to mineral leasing, geothermal leasing, sind mineral material 
sales. 
"(2) The Secretary of the Interior may issue coal leases in 
New Mexico in exchange for any preference right coal lease applica-
tion within the area described in subsection (a)(3). Such exchanges 
shall be made in accordance with applicable existing laws and 
regulations relating to coal leases after a determination has been 
made by the Secretary that the applicant is entitled to a preference 
right lease and that the exchange is in the public interest. 
"(3) Operations on oil and gas leases issued prior to the date 
of enactment of subsection (a)(3) shall be subject to the applicable 
provisions of Group 3100 of title 43, Code of Federal Regulations 
(including section 3162.5-1), and such other terms, stipulations, 
and conditions as the Secretary of the Interior considers necessary 
to avoid significant disturbance of the land surface or impairment 
of the ecological, educational, scientific, recreational, scenic, and 
other wilderness values of the lands described in subsection (a)(3) 
in existence on the date of enactment of subsection (a)(3). In order 
to satisfy valid existing rights on the lands described in subsection 
(a)(3), the Secretary of the Interior may exchange any oil and 
gas lease within this area for an unleased parcel outside this 
area of like mineral estate and with similar appraised mineral 
values.". 
(c) EXCHANGES FOR STATE LANDS.—Section 104 of the 
San 
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is 
amended— 
(1) in the first sentence of subsection (b), by inserting 
after "of this Act" the following: "with regard to the areas 
described in paragraphs (1) and (2) of subsection (a), and not 
later than 120 days after the date of enactment of subsection 
(a)(3) with regard to the area described in subsection (a)(3)"; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4213 
(2) in subsection (c), by inserting before the period the 
following: "with regard to the areas described in paragraphs 
(1) and (2) of subsection (a), and as of the date of enactment 
of subsection (a)(3) with regard to the area described in sub-
section (a)(3)"; and 
(3) in the last sentence of subsection (d), by inserting 
before the period the following: "with regard to the areas 
described in paragraphs (1) and (2) of subsection (a), and not 
later than 2 years after the date of enactment of subsection 
(a)(3) with regard to the area described in subsection (a)(3)". 
(d) EXCHANGES FOR INDIAN LANDS.—Section 105 of the San 
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3157) is 
amended by adding at the end the following new subsection: 
"(d)(1) The Secretary of the Interior shall exchange any lands 
held in trust for the Navajo Tribe by the Bureau of Indian Affairs 
that are within the boundary of the area described in subsection 
(a)(3). 
"(2) The lands shall be exchanged for lands within New Mexico 
approximately equal in value that are selected by the Navajo Tribe. 
"(3) After the exchange, the lands selected by the Navajo Tribe 
shall be held in trust by the Secretary of the Interior in the 
same manner as the lands described in paragraph (1).". 
(e) FOSSIL FOREST RESEARCH NATURAL AREA.—Section 103 of 
the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 
3156) is amended to read as follows: 
"SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA. 
43 USC 1785. 
"(a) ESTABLISHMENT.—^To conserve and protect natural values 
and to provide scientific knowledge, education, and interpretation 
for the benefit of future generations, there is established the Fossil 
Forest Research Natural Area (referred to in this section as the 
'Area'), consisting of the approximately 2,770 acres in the 
Farmington District of the Bureau of Land Management, New 
Mexico, as generally depicted on a map entitled 'Fossil Forest', 
dated June 1983. 
"(b) MAP AND LEGAL DESCRIPTION.— 
"(1) IN GENERAL.—^As soon as practicable after the date 
of enactment of this paragraph, the Secretary of the Interior 
shall file a map and legal description of the Area with the 
Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Rep-
resentatives. 
"(2) FORCE AND EFFECT.—^The map and legal description 
described in paragraph (1) shall have the same force and effect 
as if included in this Act. 
"(3) 
TECHNICAL 
CORRECTIONS.—The 
Secretary 
of 
the 
Interior may correct clerical, tjrpographical, and cartographical 
errors in the map and legal description subsequent to filing 
the map pursuant to paragraph (1). 
"(4) PUBLIC INSPECTION.—^The map and legal description 
shall be on file and available for public inspection in the Office 
of the Director of the Bureau of Land Management, Department 
of the Interior. 
"(c) MANAGEMENT.— 
"(1) IN GENERAL.—^The Secretary of the Interior, acting 
through the Director of the Bureau of Land Management, shall 
manage the Area— 
110 STAT. 4214 
PUBLIC LAW 104-333—NOV. 12, 1996 
"(A) to protect the resources within the Area; and 
"(B) in accordance with this Act, the Federal Land 
PoUcy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), and other appUcable provisions of law. 
"(2) MINING.— 
"(A) WITHDRAWAL.—Subject to valid existing rights, 
the lands within the Area are withdrawn from all forms 
of appropriation 
under the 
mining laws 
and 
from 
disposition under all laws pertaining to mineral leasing, 
geothermal leasing, and mineral material sales. 
"(B) COAL PREFERENCE RIGHTS.—^The Secretary of the 
Interior is authorized to issue coal leases in New Mexico 
in exchange for any preference right coal lease application 
within the Area. Such exchanges shall be made in accord-
ance with applicable existing laws and regulations relating 
to coal leases after a determination has been made by 
the Secretary that the applicant is entitled to a preference 
right lease and that the exchange is in the public interest. 
"(C) OIL AND GAS LEASES.—Operations on oil and gas 
leases issued prior to the date of enactment of this para-
graph shall be subject to the applicable provisions of Group 
3100 of title 43, Code of Federal Regulations (including 
section 3162.5-1), and such other terms, stipulations, and 
conditions as the Secretary of the Interior considers 
necessary to avoid significant disturbance of the land sur-
face or impairment of the natural, educational, and sci-
entific research values of the Area in existence on the 
date of enactment of this paragraph. 
"(3) GRAZING.—^Livestock grazing on lands within the Area 
may not be permitted. 
"(d) INVENTORY.—^Not later than 3 full fiscal years after the 
date of enactment of this subsection, the Secretary of the Interior, 
acting through the Director of the Bureau of Land Management, 
shall develop a baseline inventory of all categories of fossil resources 
within the Area. After the inventory is developed, the Secretary 
shall conduct monitoring surveys at intervals specified in the 
management plan developed for the Area in accordance with sub-
section (e). 
"(e) MANAGEMENT PLAN.— 
"(1) IN GENERAL.—^Not later than 5 years Eifter the date 
of enactment of this Act, the Secretary of the Interior shall 
develop and submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a management plan 
that describes the appropriate use of the Area consistent with 
this Act. 
"(2) CONTENTS.—^The management plan shall include— 
"(A) a plan for the implementation of a continuing 
cooperative program with other agencies and groups for— 
"(i) laboratory and field interpretation; and 
"(ii) public education about the resources and 
values of the Area (including vertebrate fossils); 
"(B) provisions for vehicle management that 
are 
consistent with the purpose of the Area and that provide 
for the use of vehicles to the minimum extent necessary 
to accomplish an individual scientific project; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4215 
"(C) procedures for the excavation and collection of 
fossil remains, including botanical fossils, and the use of 
motorized and mechanical equipment to the minimum 
extent necessary to accomplish an individual scientific 
project; and 
"(D) mitigation and reclamation standards for activities 
that disturb the surface to the detriment of scenic and 
environmental values.". 
SEC. 1023. OPAL CREEK WILDERNESS AND SCENIC RECREATION Oregon. 
AREA. 
16 use 545b. 
(a) DEFINITIONS.—^In this section: 
(1) BULL OF THE WOODS WILDERNESS.—The term "Bull of 
the Woods Wilderness" means the land designated as wilder-
ness by section 3(4) of the Oregon Wilderness Act of 1984 
(Public Law 98-328; 16 U.S.C. 1132 note). 
(2) OPAL CREEK WILDERNESS.—^The term "Opal Creek 
Wilderness" means certain land in the Willamette National 
Forest in the State of Oregon comprising approximately 12,800 
acres, as generally depicted on the map entitled "Proposed 
Opal Creek Wilderness and Scenic Recreation Area", dated 
July 1996. 
(3) SCENIC RECREATION AREA.—^The term "Scenic Recreation 
Area" means the Opal Creek Scenic Recreation Area, compris-
ing approximately 13,000 acres, as generally depicted on the 
map entitled "Proposed Opal Creek Wilderness and Scenic 
Recreation Area", dated July 1996 and established under sub-
section (c)(1)(C). 
(4) SECRETARY.—^The term "Secretarjr" means the Secretary 
of Agriculture. 
(b) PURPOSES.—^The purposes of this section are— 
(1) to establish a wilderness and scenic recreation area 
to protect and provide for the enhancement of the natural, 
scenic, recreational, historic and cultural resources of the area 
in the vicinity of Opal Creek; 
(2) to protect and support the economy of the communities 
of the Santiam Canyon; and 
(3) to provide increased protection for an important drink-
ing water source for communities served by the North Santiam 
River. 
(c) ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC 
16 use 1132 
RECREATION AREA.— 
note. 
(1) ESTABLISHMENT.—On a determination by the Secretary 
under paragraph (2)— 
(A) the Opal Creek Wilderness, as depicted on the 
map described in subsection (a)(2), is hereby designated 
as wilderness, subject to the provisions of the Wilderness 
Act of 1964, shall become a component of the National 
Wilderness System, and shall be known as the Opal Creek 
Wilderness; 
(B) the part of the Bull of the Woods Wilderness that 
is located in the Willamette National Forest shall be incor-
porated into the Opal Creek Wilderness; and 
(C) the Secretary shall establish the Opal Creek Scenic 
Recreation Area in the Willamette National Forest in the 
State of Oregon, comprising approximately 13,000 acres, 
110 STAT. 4216 
PUBLIC LAW 104-333—NOV. 12, 1996 
as generally depicted on the map described in subsection 
(a)(3). 
(2) CONDITIONS.—^The designations in paragraph (1) shall 
not take effect unless the Secretary makes a determination, 
not later than 2 years after the date of enactment of this 
title, that the following conditions have been met: 
(A) the following have been donated to the United 
States in an acceptable condition and without encum-
brances: 
(i) all right, title, and interest in the following 
patented parcels of land— 
(I) Santiam Number 1, mineral survey number 
992, as described in patent number 39-92-0002, 
dated December 11, 1991; 
(II) Ruth Quartz Mine Number 2, mineral 
survey number 994, as described in patent number 
39-91-0012, dated February 12, 1991; 
(III) Morning Star Lode, mineral 
survey 
number 993, as described in patent number 36-
91-0011, dated February 12, 1991; 
(ii) all right, title, and interest held by any entity 
other than the Times Mirror Land and Timber Com-
pany, its successors and assigns, in and to lEinds located 
in section 18, township 8 south, range 5 east, Marion 
County, Oregon, Eureka numbers 6, 7, 8, and 13 
mining claims; and 
(iii) an easement across the Hewitt, Starvation, 
and Poor Boy Mill Sites, mineral survey number 990, 
as described in patent number 36-91-0017, dated May 
9, 1991. In the sole discretion of the Secretary, such 
easement may be limited to administrative use if an 
alternative access route, adequate and appropriate for 
public use, is provided. 
(B) a binding agreement has been executed by the 
Secretary and the owners of record as of March 29, 1996, 
of the following interests, specifjring the terms and condi-
tions for the disposition of such interests to the United 
States Government— 
(i) The lode mining claims known as Princess Lode, 
Black Prince Lode, and King Number 4 Lode, embrac-
ing portions of sections 29 and 32, township 8 south, 
range 5 east, Willamette Meridian, Marion County, 
Oregon, the claims being more particularly described 
in the field notes and depicted on the plat of mineral 
survey number 887, Oregon; and 
(ii) Ruth Quartz Mine Number 1, minergil survey 
number 994, as described in patent number 39-91-
0012, dated February 12, 1991. 
(3) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION 
AREAS.— 
(A) Lands or interests in lands conveyed to the United 
States under this subsection shall be included in and 
become part of, as appropriate. Opal Creek Wilderness 
or the Opal Creek Scenic Recreation Area. 
(B) On acquiring all or substantially all of the land 
located in section 36, township 8 south, range 4 east, of 
the 
Willamette 
Meridian, 
Marion 
County, 
Oregon, 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4217 
commonly known as the Rosboro section by exchange, pur-
chase from a willing seller, or by donation, the Secretary 
shall expand the boundary of the Scenic Recreation Area 
to include such land. 
(C) On acquiring all or substantially all of the land 
located in section 18, township 8 south, range 5 east, 
Marion County, Oregon, commonly known as the Time 
Mirror property, by exchange, purchase from a willing 
seller, or by donation, such land shall be included in and 
become a part of the Opal Creek Wilderness, 
(d) ADMINISTRATION OF THE SCENIC RECREATION AREA.— 
(1) IN GENERAL.—^The Secretary shall administer the Scenic 
Recreation Area in accordance with this section and the laws 
(including regulations) applicable to the National Forest 
System. 
(2) OPAL CREEK MANAGEMENT PLAN.— 
(A) IN GENERAL.—^Not later than 2 years after the 
date of establishment of the Scenic Recreation Area, the 
Secretary, in consultation with the advisory committee 
established 
under 
subsection (e)(1), shall prepare a 
comprehensive Opal Creek Management Plan (Manage-
ment Plan) for the Scenic Recreation Area. 
(B) 
INCORPORATION 
IN 
LAND 
AND 
RESOURCE 
MANAGEMENT.—^Upon its completion, the Opal 
Creek 
Management Plan shall become part of the land and 
resource management plan for the Willamette National 
Forest and supersede any conflicting provision in such land 
and resource management plan. Nothing in this paragraph 
shall be construed to supersede the requirements of the 
Endangered Species Act or the National Forest Manage-
ment Act or regulations promulgated under those Acts, 
or any other law. 
(C) REQUIREMENTS.—^The Opal Creek Management 
Plan shall provide for a broad range of land uses, includ-
ing— 
(i) recreation; 
(ii) harvesting of nontraditional forest products, 
such as gathering mushrooms and material to make 
baskets; and 
(iii) educational and research opportunities. 
(D) PLAN AMENDMENTS.—^The Secretary may amend 
the Opal Creek Management Plan as the Secretary may 
determine to be necessary, consistent with the procedures 
and purposes of this section. 
(3) CULTURAL AND HISTORIC RESOURCE INVENTORY.— 
(A) IN GENERAL.—^Not later than 1 year after the date 
of establishment of the Scenic Recreation Area, the 
Secretary shall review and revise the inventory of the 
cultural and historic resources on the public land in the 
Scenic Recreation Area developed pursuant to the Oregon 
Wilderness Act of 1984 (Pubhc Law 98-328; 16 U.S.C. 
1132). 
(B) INTERPRETATION.—Interpretive activities shall be 
developed under the management plan in consultation with 
State and local historic preservation organizations and 
shsdl include a balanced and factual interpretation of the 
110 STAT. 4218 
PUBLIC LAW 104-333—NOV. 12, 1996 
cultural, ecological, and industrial history of forestry and 
mining in the Scenic Recreation Area, 
(4) TRANSPORTATION PLANNING.— 
(A) IN GENERAL.—^Except as provided in this subpara-
graph, motorized vehicles shall not be permitted in the 
Scenic Recreation Area. To maintain reasonable motorized 
and other access to recreation sites and facilities in exist-
ence on the date of enactment of this title, the Secreteiry 
shall prepgire a trsinsportation plan for the Scenic Recre-
ation Area that— 
(i) evEduates the road network within the Scenic 
Recreation Area to determine which roads should be 
retained and which roads should be closed; 
(ii) provides guidelines for transportation and 
access consistent with this section; 
(iii) considers the access needs of persons with 
disabilities in preparing the transportation plan for 
the Scenic Recreation Area; 
(iv) allows forest road 2209 beyond the gate to 
the Scenic Recreation Area, as depicted on the map 
described in subsection (a)(2), to be used by motorized 
vehicles only for administrative purposes and for access 
by private inholders, subject to such terms and condi-
tions as the Secretary may determine to be necessary; 
and 
(v) restricts construction or improvement of forest 
road 2209 beyond the gate to the Scenic Recreation 
Area to maintaining the character of the road as it 
existed upon the date of enactment of this Act, which 
shall not include paving or widening. 
In order to comply with subsection (f)(2), the Secretary may 
make improvements to forest road 2209 and its bridge 
structures consistent with the character of the road as it existed 
on the date of enactment of this Act. 
(5) HUNTING AND FISHING.— 
(A) IN GENERAL.—Subject to applicable Federal and 
State law, the Secretary shall permit hunting and fishing 
in the Scenic Recreation Area. 
(B) LIMITATION.—^The Secretary may designate zones 
in which, and establish periods when, no hunting or fishing 
shall be permitted for reasons of public safety, administra-
tion, or public use and enjoyment of the Scenic Recreation 
Area. 
(C) CONSULTATION.—^Except during an emergency, as 
determined by the Secretary, the Secretary shall consult 
with the Oregon State Department of Fish and Wildlife 
before issuing any regulation under this subsection. 
(6) TIMBER CUTTING.— 
(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall prohibit the cutting and/or selling of trees 
in the Scenic Reservation Area. 
(B) PERMITTED CUTTING.— 
(i) IN GENERAL.—Subject 
to clause (ii), the 
Secretary may allow the cutting of trees in the Scenic 
Recreation Area only— 
(I) for public ssifety, such as to control the 
continued spread of a forest fire in the Scenic 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4219 
Recreation Area or on land adjacent to the Scenic 
Recreation Area; 
(II) for activities related to administration of 
the Scenic Recreation Area, consistent with the 
Opal Creek Management Plan; or 
(III) for removal of hazard trees along trails 
and roadways. 
(ii) SALVAGE SALES.—^The Secretary may not allow 
a salvage sale in the Scenic Recreation Area. 
(7) WITHDRAWAL.— 
(A) subject to valid existing rights, all lands in the 
Scenic Recreation Area are withdrawn from— 
(i) any form of entry, appropriation, or disposal 
under the public lands laws; 
(ii) location, entry, and patent under the mining 
laws; and 
(iii) disposition under the mineral and geothermal 
leasing laws. 
(8) BORNITE PROJECT.— 
(A) Nothing in this section shall be construed to 
interfere with or approve any exploration, mining, or min-
ing-related activity in the Bomite Project Area, depicted 
on the map described in subsection (a)(3), conducted in 
accordance with applicable laws. 
(B) Nothing in this section shall be construed to inter-
fere with the ability of the Secretary to approve and issue, 
or deny, special use permits in connection with exploration, 
mining, and mining-related activities in the Bomite Project 
Area. 
(C) Motorized vehicles, roads, structures, and utilities 
(including but not limited to power lines and water lines) 
may be allowed inside the Scenic Recreation Area to serve 
the activities conducted on land within the Bornite Project. 
(D) After the date of enactment of this Act, no patent 
shall be issued for any mining claim under the general 
mining laws located within the Bomite Project Area. 
(9) WATER IMPOUNDMENTS.—Notwithstanding the Federal 
Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regu-
latory Commission may not license the construction of any 
dam, water conduit, reservoir, powerhouse, transmission line, 
or other project work in the Scenic Recreation Area, except 
as may be necessary to comply with the provisions of paragraph 
(8) with regard to the Bomite Project. 
(10) RECREATIONS.— 
(A) RECOGNITION.—Congress recognizes recreation as 
an appropriate use of the Scenic Recreation Area. 
(B) MINIMUM LEVELS.—^The management plan shall 
permit recreation activities at not less than the levels in 
existence on the date of enactment of this Act. 
(C) HIGHER 
LEVELS.—^The management plan may 
provide for levels of recreation use higher than the levels 
in existence on the date of enactment of this Act if such 
uses are consistent with the protection of the resource 
values of the Scenic Recreation Area. 
(D) The management plan may include public trail 
access through section 28, township 8 south, range 5 east, 
Willamette Meridian, to Battle Ax Creek, Opal Pool and 
110 STAT. 4220 
PUBLIC LAW 104-333—NOV. 12, 1996 
other areas in the Opal Creek Wilderness and the Opal 
Creek Scenic Recreation Area. 
(11) PARTICIPATION.—So that the knowledge, expertise, and 
views of all agencies and groups may contribute affirmatively 
to the most sensitive present and future use of the Scenic 
Recreation Area and its various subareas for the benefit of 
the public: 
(A) ADVISORY COUNCIL.—The Secretary shall consult 
on a periodic and regular basis with the advisory council 
established under subsection (e) with respect to matters 
relating to management of the Scenic Recreation Area. 
(B) PUBLIC PARTICIPATION.—^The Secretary shall seek 
the views of private groups, individuals, and the public 
concerning the Scenic Recreation Area. 
(C) OTHER AGENCIES.—The Secretary shall seek the 
views and assistance of, and cooperate with, any other 
Federal, State, or local agency with any responsibility for 
the zoning, planning, or natural resources of the Scenic 
Recreation Area. 
(D) NONPROFIT AGENCIES AND ORGANIZATIONS.—^The 
Secretary shall seek the views of any nonprofit agency 
or organization that may contribute information or exper-
tise about the resources and the management of the Scenic 
Recreation Area. 
(e) ADVISORY COUNCIL.— 
(1) ESTABLISHMENT.—^Not later than 90 days after the 
establishment of the Scenic Recreation Area, the Secretary 
shall establish an advisory council for the Scenic Recreation 
Area. 
(2) MEMBERSHIP.—^The advisory council shall consist of not 
more than 13 members, of whom— 
(A) 1 member shall represent Marion County, Oregon, 
and shall be designated by the governing body of the 
county; 
(B) 1 member shall represent the State of Oregon 
and shall be designated by the Governor of Oregon; 
(C) 1 member shall represent the City of Salem, and 
shall be designated by the mayor of Salem, Oregon; 
(D) 1 member from a city within a 25-mile radius 
of the Opal Creek Scenic Recreation Area, to be designated 
by the Governor of the State of Oregon from a list of 
candidates provided by the mayors of the cities located 
within a 25-mile radius of the Opal Creek Scenic Recreation 
Area; and 
(E) not more than 9 members shall be appointed by 
the Secretary from among persons who, individually or 
through association with a national or local organization, 
have an interest in the administration of the Scenic Recre-
ation Area, including, but not limited to, representatives 
of the timber industry, environmental organizations, the 
mining industry, inholders in the Opal Creek Wilderness 
£ind 
Scenic 
Recreation 
Area, 
economic 
development 
interests and Indian tribes. 
(3) STAGGERED TERMS.—^Members of the advisory council 
shall serve for staggered terms of 3 years. 
(4) CHAIRMAN.—^The Secretary shall designate 1 member 
of the advisory council as chairman. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4221 
(5) VACANCIES.—^The Secretary shall fill a vacancy on the 
advisory council in the same manner as the original appoint-
ment. 
(6) COMPENSATION.—^Members of the advisory council shall 
receive no compensation for their service on the advisory 
council. 
(f) GENERAL PROVISIONS.— 
^ 
(1) LAND ACQUISITION.— 
(A) IN GENERAL.—Subject to the other provisions of 
this section, the Secretary may acquire any lands or 
interests in land in the Scenic Recreation Area or the 
Opal Creek Wilderness that the Secretary determines are 
needed to carry out this section. 
(B) PUBLIC LAND.—^Any lands or interests in land 
owned by a State or a political subdivision of a State 
may be acquired only by donation or exchange. 
(C) CONDEMNATION.—^Within the boundaries of 
the 
Opal Creek Wilderness or the Scenic Recreation Area, the 
Secretary may not acquire any privately owned land or 
interest in land without the consent of the owner unless 
the Secretary finds that— 
(i) the nature of Isind use has changed significantly, 
or the landowner has demonstrated intent to change 
the land use significantly, from the use that existed 
on the date of the enactment of this Act; and 
(ii) acquisition by the Secretary of the land or 
interest in land is essential to ensure use of the land 
or interest in land in accordance with the purposes 
of this title or the management plan prepared under 
subsection (d)(2). 
(D) Nothing in this section shall be construed to 
enhance or diminish the condemnation authority avsiilable 
to the Secretary outside the boundaries of the Opal Creek 
Wilderness or the Scenic Recreation Area. 
(2) 
ENVIRONMENTAL 
RESPONSE 
ACTIONS 
AND 
COST 
RECOVERY.— 
(A) RESPONSE ACTIONS.—^Nothing in this section shall 
limit the authority of the Secretary or a responsible party 
to conduct an environmental response action in the Scenic 
Recreation Area in connection with the release, threatened 
release, or cleanup of a hazardous substance, pollutant, 
or contaminant, including a response action conducted 
under 
the 
Comprehensive 
Environmental 
Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.). 
(B) LIABILITY.—^Nothing in this section shall limit the 
authority of the Secretary or a responsible party to recover 
costs related to the release, threatened release, or cleanup 
of any hazardous substance or pollutant or contaminant 
in the Scenic Recreation Area. 
(3) MAPS AND DESCRIPTION.— 
(A) IN GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall file a map 
and a boundary description for the Opal Creek Wilderness 
and for the Scenic Recreation Area with the Committee 
on Resources of the House of Representatives and the 
Committee on Energy £md Natural Resources of the Senate. 
110 STAT. 4222 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) FORCE AND EFFECT.—^The boundary description and 
map shall have the same force and effect as if the descrip-
tion and map were included in this section, except that 
the Secretary may correct clerical and tjrpographical errors 
in the boundary description and map. 
(C) AVAILABILITY.—^The map and boundary description 
shall be on file and available for public inspection in the 
Office of the Chief of the Forest Service, Department of 
Agriculture. 
(4) SAVINGS PROVISION.—^Nothing in this section shall inter-
fere with activity for which a special use permit has been 
issued, has not been revoked, and has not expired, before the 
date of enactment of this Act, subject to the terms of the 
permit. 
Rosboro Lumber 
(g) ROSBORO LAND EXCHANGE.— 
Company. 
(1) AUTHORIZATION.—Notwithstanding any other law, if the 
Rosboro Lumber Company (referred to in this subsection as 
"Rosboro") offers and conveys marketable title to the United 
States to the land described in paragraph (2), the Secretary 
of Agriculture shall convey all right, title and interest held 
by the United States to sufficient lands described in paragraph 
(3) to Rosboro, in the order in which they appear in this 
subsection, as necessary to satisfy the equal value requirements 
of paragraph (4). 
(2) LAND TO BE OFFERED BY ROSBORO.—The land referred 
to in paragraph (1) as the land to be offered by Rosboro 
shall comprise Section 36, Township 8 South, Range 4 East, 
Willamette Meridian. 
(3) LAND TO BE CONVEYED BY THE UNITED STATES.—The 
land referred to in paragraph (1) as the land to be conveyed 
by the United States shall comprise sufficient land from the 
following prioritized list to be equal value under paragraph 
(4): 
(A) Section 5, Township 17 South, Range 4 East, Lot 
7 (37.63 acres); 
(B) Section 2, Township 17 South, Range 4 East, Lot 
3 (29.28 acres); 
(C) Section 13, Township 17 South, Range 4 East, 
SV2SEy4 (80 acres); 
(D) Section 2, Township 17 South, Range 4 East, 
SWy4SWy4 (40 acres); 
(E) Section 2, Township 17 South, Range 4 East, 
NWV4SEy4 (40 acres); 
(F) Section 8, Township 17 South, Range 4 East, 
SEV4SWy4 (40 acres); 
(G) Section 11, Township 17 South, Range 4 East, 
WV2NWV4 (80 acres); 
(4) 
EQUAL 
VALUE.—^The land and interests in land 
exchanged under this subsection shall be of equal market value 
as determined by nationally recognized appraisal standards, 
including, to the extent appropriate, the Uniform Standards 
for Federal Land Acquisition, the Uniform Standards of Profes-
sional Appraisal Practice, or shall be equalized by way of 
payment of cash pursuant to the provisions of section 206(d) 
of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716(d)), and other applicable law. The appraisal shall 
consider access costs for the parcels involved. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4223 
(5) TIMETABLE.— 
(A) The exchsinge directed by this subsection shall 
be consummated not later than 120 days after the date 
Rosboro offers and conveys the property described in para-
graph (2) to the United States. 
(B) The authority provided by this subsection shall 
lapse of Rosboro fails to offer the land described in para-
graph (2) within 2 years after the date of enactment of 
this Act. 
(6) CHALLENGE.—^Rosboro shall have the right to challenge 
in the United States District Court for the District of Oregon 
a determination of marketability under paragraph (1) and a 
determination of value for the lands described in paragraphs 
(2) and (3) by the Secretary of Agriculture. The court shall Courts, 
have the authority to order the Secretary to complete the trans-
action contemplated in this subsection. 
(7) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
are 
authorized to be appropriated such sums as are necessary to 
carry out this subsection. 
(h) DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC 
RrvER.—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: 
"( )(A) ELKHORN CREEK.—^The 6.4-mile segment traversing 
federally administered lands from that point along the Willamette 
National Forest boundary on the common section line between 
Sections 12 and 13, Township 9 South, Range 4 East, Willamette 
Meridian, to that point where the segment leaves Federal ownership 
along the Bureau of Land Management boundary in Section 1, 
Township 9 South, Range 3 East, Willamette Meridian, in the 
following classes: 
"(i) a 5.8-mile wild river area, extending from that point 
along the Willamette National Forest boundary on the common 
section line between Sections 12 and 13, Township 9 South, 
Range 4 East, Willamette Meridian, to its confluence with 
Buck Creek in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, to be administered as agreed on by the 
Secretaries of Agriculture and the Interior, or as directed by 
the President; and 
"(ii) a 0.6-mile scenic river area, extending from the 
confluence with Buck Creek in Section 1, Township 9 South, 
Range 3 East, Willamette Meridian, to that point where the 
segment leaves Federal ownership along the Bureau of Land 
Management boundary in Section 1, Township 9 South, Range 
3 East, Willamette Meridian, to be administered by the Sec-
retary of Interior, or as directed by the President. 
"(B) Notwithstanding section 3(b) of this Act, the lateral bound-
aries of both the wild river area and the scenic river area along 
Elkhorn 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.". 
(i) ECONOMIC DEVELOPMENT.— 
(1) 
ECONOMIC DEVELOPMENT PLAN.—AS a condition 
for 
receiving funding under paragraph (2), the State of Oregon, 
in consultation with Marion County, Oregon, and the Secretary 
of Agriculture, shall develop a plan for economic development 
projects for which grants under this subsection may be used 
in a manner consistent with this section and to benefit local 
110 STAT. 4224 
PUBLIC LAW 104-333—NOV. 12, 1996 
communities in the vicinity of the Opal Creek area. Such plan 
shall be based on an economic opportunity study and other 
appropriate information. 
(2) FUNDS PROVIDED TO THE STATES FOR GRANTS.—^Upon 
completion of the Opal Creek Management Plan, and receipt 
of the plan referred to in paragraph (1), the Secretary shall 
provide, subject to appropriations, $15,000,000 to the State 
of Oregon. Such funds shall be used to make grants or loans 
for economic development projects that further the purposes 
of this section and benefit the local communities in the vicinity 
of the Opal Creek area. 
(3) REPORT.—The State of Oregon shall— 
(A) prepare and provide the Secretary and Congress 
with an annual report on the use of the funds made avail-
able under this subsection; 
Records. 
(B) make available to the Secretary and to Congress, 
upon request, all accounts, financial records, £uid other 
information related to grants and loans made available 
pursuant to this subsection; and 
(C) as loans are repaid, make additional grants and 
loans with the money made available for obligation by 
such repayments. 
SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) 
ECOSYSTEM 
RESTORATION 
OFFICE.—The 
term 
"Ecosystem Restoration Office" means the Klamath Basin Eco-
system Restoration Office operated cooperatively by the United 
States Fish and Wildlife Service, Bureau of Reclamation, 
Bureau of Land Management, and Forest Service. 
(2) WORKING GROUP.—^The term '^Working Group" means 
the Upper Klamath Basin Working Group, established before 
the date of enactment of this title, consisting of members nomi-
nated by their represented groups, including— 
(A) three tribal members; 
(B) one representative of the City of Klamath Falls, 
Oregon; 
(C) one representative of Klamath County, Oregon; 
(D) one representative of institutions of higher edu-
cation in the Upper Klamath Basin; 
(E) four representatives of the environmental commu-
nity, including at least one such representative from the 
State of California with interests in the Klamath Basin 
National Wildlife Refuge Complex; 
(F) four representatives of local businesses and indus-
tries, including at least one representative of the forest 
products industry and one representative of the ocean 
commercial fishing industry and/or the recreational fishing 
industry based in either Oregon or California; 
(G) four representatives of the rsinching and farming 
community, including representatives of Federal lease-land 
farmers and ranchers and of private land farmers and 
ranchers in the Upper Klamath Basin; 
(H) two representatives from State of Oregon agencies 
with authority and responsibility in the Klamath River 
Basin, including one from the Oregon Department of Fish 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4225 
and Wildlife and one from the Oregon Water Resources 
Department; 
(I) four representatives from the local community; 
(J) one representative each from the following Federal 
resource management agencies in the Upper Klamath 
Basin: Fish and Wildlife Service, Bureau of Reclamation, 
Bureau of Land Management, Bureau of Indisin Affairs, 
Forest Service, Natural Resources Conservation Service, 
National Marine Fisheries Service and Ecosystem Restora-
tion Office; and 
(K) one representative of the Klamath County Soil 
and Water Conservation District. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(4) TASK FORCE.—^The term 'Task Force" means the 
Klamath River Basin Fisheries Task Force as established by 
the Klamath River Basin Fishery Resource Restoration Act 
(PubHc Law 99-552, 16 U.S.C. 460ss-3 et seq.). 
(5) COMPACT COMMISSION.—The term "Compact Commis-
sion" means the Klamath River Basin Compact Commission 
created pursuant to the Klamath River Compact Act of 1954. 
(6) CONSENSUS.—^The term "consensus" means a unanimous 
agreement by the Working Group members present and consist-
ing of at least a quorum at a regularly scheduled business 
meeting. 
(7) QUORUM.—^The term "quorum" means one more than 
half of those qualified Working Group members appointed and 
eligible to serve. 
(8) TRINITY TASK FORCE.—^The term "Trinity Task Force" 
means the Trinity River Restoration Task Force created by 
Public Law 98-541, as amended by Public Law 104-143. 
(b) IN GENERAL.— 
(1) The Working Group through the Ecosystem Restoration 
Office, with technical assistance from the Secretary, will pro-
pose ecological restoration projects, economic development and 
stability projects, and projects designed to reduce the impacts 
of drought conditions to be undertaken in the Upper Klamath 
Basin based on a consensus of the Working Group membership. 
(2) The Secretary shall pay, to the greatest extent feasible, 
up to 50 percent of the cost of performing any project approved 
by the Secretary or his designee, up to a total amount of 
$1,000,000 during each of fiscal years 1997 through 2001. 
(3) Funds made available under this title through the 
Department of the Interior or the Department of Agriculture 
shall be distributed through the Ecosystem Restoration Office. 
(4) The Ecosystem Restoration Office may utilize not more 
than 15 percent of all Federal funds administered under this 
section for administrative costs relating to the implementation 
of this section. 
(5) All funding recommendations developed by the Working 
Group shall be based on a consensus of Working Group 
members. 
(c) COORDINATION.—(1) The Secretary shall formulate 
a 
cooperative agreement among the working group, the Task Force, 
the Trinity Task Force and the Compact Commission for the pur-
poses of ensuring that projects proposed and funded through the 
Working Group are consistent with other basin-wide fish and wild-
110 STAT. 4226 
PUBLIC LAW 104-333—NOV. 12, 1996 
life restoration and conservation plans, including but not limited 
to plans developed by the Task Force and the Compact Commission. 
Notification. 
(2) To the greatest extent practicable, the Working Group shall 
provide notice to, and accept input from, two members each of 
the Task Force, the Trinity Task Force, and the Compact Commis-
sion, so appointed by those entities, for the express purpose of 
facilitating better communication and coordination regarding addi-
tional basin-wide fish and wildlife and ecosystem restoration and 
planning efforts. The roles and relationships of the entities involved 
shall be clarified in the cooperative agreement. 
(d) PUBLIC MEETINGS.—^The Working Group shall conduct all 
meetings subject to Federal open meeting and public participation 
laws. The chartering requirements of the Federal Advisory 
Committee Act (5 U.S.C. App.) are hereby deemed to have been 
met by this section. 
(e) TERMS AND VACANCIES.—^Working Group Members shall 
serve for three-year terms, beginning on the date of enactment 
of this title. Vacancies which occur for £iny reason after the 
date of enactment of this title shall be filled by direct appointment 
of the Grovemor of the State of Oregon, in consultation with the 
Secretary of the Interior and the Secretary of Agriculture, in accord-
ance with nominations from the appropriate groups, interests, and 
government agencies outlined in subsection (aX2). 
(f) 
RIGHTS, 
DUTIES AND AUTHORITIES 
UNAFFECTED.—^The 
Working Group will supplement, rather than replace, existing 
efforts to manage the natural resources of the IQamath Basin. 
Nothing in this section affects any legal right, duty or authority 
of any person or agency, including any member of the Working 
Group. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section $1,000,000 for each 
of fiscal years 1997 through 2002. 
SEC. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) WORKING GROUP.—^The term "Working Group" means 
the Deschutes River Basin Working Group established before 
the date of enactment of this title, consisting of members nomi-
nated by their represented groups, including— 
(A) five representatives of private interests including 
one each from hydroelectric production, livestock grazing, 
timber, land development, and recreation/tourism; 
(B) four representatives of private interests including 
two each from irrigated agriculture and the environmental 
community; 
(C) two representatives from the Confederated Tribes 
of the Warm Springs Reservation of Oregon; 
(D) two representatives from Federal agencies with 
authority and responsibility in the Deschutes River Basin, 
including one from the Department of the Interior and 
one from the Agriculture Department; 
(E) two representatives from the State of Oregon agen-
cies with authority and responsibility in the Deschutes 
River Basin, including one from the Oregon Department 
of Fish and Wildlife and one from the Oregon Water 
Resources Department; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4227 
(F) four representatives from county or city govern-
ments within the Deschutes River Basin county and/or 
city governments. 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(3) FEDERAL AGENCIES.—^The term "Federal agencies" 
means agencies and departments of the United States, includ-
ing, but not limited to, the Bureau of Reclamation, Bureau 
of Indian Affairs, Bureau of Land Management, Fish and Wild-
life Service, Forest Service, Natural Resources Conservation 
Service, Farm Services Agency, the National Marine Fisheries 
Service, and the Bonneville Power Administration. 
(4) CONSENSUS.—^The term "consensus" means a unanimous 
agreement by the Working Group members present and 
constituting at least a quorum at a regularly scheduled business 
meeting. 
(5) QUORUM.—^The term "quorum" means one more than 
half of those qualified Working Group members appointed and 
eligible to serve. 
(b) IN GENERAL.— 
(1) The Working Group will propose ecological restoration 
projects on both Federal and non-Federal lands and waters 
to be undertaken in the Deschutes River Basin based on a 
consensus of the Working Group, provided that such projects, 
when involving Federal land or funds, shall be proposed to 
the Bureau of Reclamation in the Department of the Interior 
and any other Federal agency with affected land or funds. 
(2) The Working Group will accept donations, grants or 
other funds and place such funds received into a trust fund, 
to be expended on ecological restoration projects which, when 
involving Federal land or funds, are approved by the affected 
Federal agency. 
(3) The Bureau of Reclsmiation shall pay from funds 
authorized under subsection (h) of this title up to 50 percent 
of the cost of performing any project proposed by the Working 
Group and approved by the Secretary, up to a total amount 
of $1,000,000 during each of the fiscal years 1997 through 
2001. 
(4) Non-Federal contributions to project costs for purposes 
of computing the Federal matching share under paragraph 
(3) of this subsection may include in-kind contributions. 
(5) Funds authorized in subsection (h) of this section shall 
be maintained in and distributed by the Bureau of Recleunation 
in the Department of the Interior. The Bureau of Reclamation 
shedl not expend more than 5 percent of amounts appropriated 
pursuant to subsection (h) for Federal administration of such 
appropriations pursuant to this section. 
(6) The Bureau of Reclamation is authorized to provide 
by grant to the Working Group not more than 5 percent of 
funds appropriated pursuant to subsection (h) of this title for 
not more than 50 percent of administration costs relating to 
the implementation of this section. 
(7) The Federal agencies with authority and responsibility 
in the Deschutes River Basin shall provide technical assistance 
to the Working Group and shall designate representatives to 
serve as members of the Working Group. 
110 STAT. 4228 
PUBLIC LAW 104-333—NOV. 12, 1996 
Oregon. 
16 use 482b 
note. 
(8) All funding recommendations developed by the Working 
Group shall be based on a consensus of the Working Group 
members. 
(c) PUBLIC NOTICE AND PARTiciPATiON.^The Working Group 
shall conduct aW meetings subject to applicable open meeting and 
public participation laws. The activities of the Working Group and 
the Federal agencies pursuant to the provisions of this title are 
exempt from the provisions of title 5, United States Code, Appendix 
2, sections 1-15. 
(d) PRIORITIES.—^The Working Group shall give priority to 
voluntary market-based economic incentives for ecosystem restora-
tion including, but not limited to, water leases and purchases; 
land leases and purchases; tradable discharge permits; and acquisi-
tion of timber, grazing, and land development rights to implement 
plans, programs, measures, and projects. 
(e) TERMS AND VACANCIES.—^Members of the Working Group 
representing governmental agencies or entities shall be named by 
the represented government. Members of the Working Group rep-
resenting private interests shall be named in accordance with the 
articles of incorporation and bylaws of the Working Group. Rep-
resentatives from Federal agencies will serve for terms of 3 years. 
Vacancies which occur for any reason after the date of enactment 
of this title shall be filled in accordance with this title. 
(f) ADDITIONAL PROJECTS.—^Where existing authority and appro-
priations 
permit, 
Federal 
agencies may contribute to the 
implementation of projects recommended by the Working Group 
and approved by the Secretary. 
(g) RIGHTS, 
DUTIES AND AUTHORITIES 
UNAFFECTED.—^The 
Working Group will supplement, rather than replace, existing 
efforts to manage the natural resources of the Deschutes Basin. 
Nothing in this title affects any legal right, duty or authority 
of any person or agency, including any member of the Working 
Group. 
(h) AUTHORIZATION OF AppROPRiATiONS.^There are authorized 
to be appropriated to carry out this title $1,000,000 for each of 
fiscal years 1997 through 2001. 
SEC. 1026. BULL RUN PROTECTION.— 
(a) AMENDMENTS TO PUBLIC LAW 95-200.— 
(1) The first sentence of section 2(a) of the Public Law 
95-200 is amended by striking "2(b)" and inserting in lieu 
thereof "2(c)". 
(2) The first sentence of section 2(b) of Public Law 95-
200 is amended after "the policy set forth in subsection (a)" 
by inserting "and (b)". 
(3) Subsections (b), (c), (d), and (e) of section 2 of Public 
Law 95-200 are redesignated as subsections (c), (d), (e), and 
(f), respectively. 
(4) Section 2 of Public Law 95-200 is amended by inserting 
after subsection (a) the following new subsection: 
"(b) TIMBER CUTTING.— 
"(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of Agriculture shall prohibit the cutting of trees in that part 
of the unit consisting of the hydrographic boundary of the 
Bull Run River Drainage, including certain lands within the 
unit and located below the headworks of the city of Portland, 
Oregon's water storage and delivery project, and as depicted 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4229 
in a map dated July 22, 1996, and entitled 'Bull Run River 
Drainage'. 
"(2) PERMITTED CUTTING.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary of Agriculture shall prohibit the cutting of trees 
in the area described in subparagraph (1). 
"(B) PERMITTED CUTTING.—Subject to subparagraph 
(C), the Secretary may only allow the cutting of trees 
in the area described in subparagraph (1)— 
"(i) for the protection or enhancement of water 
quality in the area described in subparagraph (1); or 
"(ii) for the protection, enhancement, or mainte-
nsmce of water quantity available from the area 
described in subparagraph (1); or 
"(iii) for the construction, expansion, protection 
or maintenance of municipal water supply facilities; 
or 
"(iv) for the construction, expansion, protection or 
maintenance of facilities for the transmission of energy 
through and over the unit or previously authorized 
hydroelectric facilities or hydroelectric projects associ-
ated with municipal water supply facilities. 
"(C) SALVAGE SALES.—^The Secretary of Agriculture 
may not authorize a salvage sale in the area described 
in subparagraph (1).". 
(b) REPORT TO CONGRESS.—^The Secretary of Agriculture shall, 
in consultation with the city of Portland and other affected parties 
undertake a study of that part of the Little Sandy Watershed 
that is within the unit (hereinafter referred to as the "study area"). 
The study shall determine— 
(1) the impact of management activities within the study 
area on the quality of drinking water provided to the Portland 
Metropolitan area; 
(2) the identity and location of certain ecological features 
within the study area, including late successional forest 
characteristics, aquatic and terrestrial wildlife habitat, signifi-
c£int hydrological values, or other outstanding natural features; 
and 
(3) the location and extent of any significant cultural or 
other values within the study area. 
(c) RECOMMENDATIONS.—^The study referred to in subsection 
(b) shall include both legislative and regulatory recommendations 
to Congress on the future management of the study area. In formu-
lating such recommendations, the Secretary shall consult with the 
City of Portland and other affected parties. 
(d) EXISTING DATA AND PROCESSES.—^To the greatest extent 
possible, the Secretary shall use exiting data and processes to 
carry out the study and report. 
(e) SUBMISSION TO CONGRESS.—^The study referred to in sub-
section (b) shall be submitted to the Senate Committees on Energy 
and Natural Resources and Agriculture and the House Committees 
on Resources and Agriculture not later than one year from the 
date of enactment of this section. 
(f) MORATORIUM.—^The Secretary is prohibited from advertising, 
offering or awarding any timber sale within the study area for 
a period of two years after the date of enactment of this section. 
110 STAT. 4230 
PUBLIC LAW 104-333—NOV. 12, 1996 
(g) WATER RIGHTS.—^Nothing in this section shall in any way 
affect any State or Federal law governing appropriation, use of 
or Federal right to water on or flowing through National Forest 
System lands. Nothing in this section is intended to influence 
the relative strength of competing claims to the waters of the 
Little Sandy River. Nothing in this section shall be construed to 
expand 
or diminish 
Federal, 
State, 
or local 
jurisdiction, 
responsibility, interests, or rights in water resources development 
or control, including rights in and current uses of water resources 
in the unit. 
(h) OTHER 
LANDS IN UNIT.—Lands within the Bull Run 
Management Unit, as defined in Public Law 95-200, but not 
contained within the Bull Run River Drainage, as described in 
the amendment made by subsection (aX4) of this section and as 
depicted on the map dated July 22, 1996, and entitled "Bull Run 
River Drainage", shall continue to be managed in accordance with 
Public Law 95-200. 
16 use 1132 
SEC. 1027. OREGON ISLANDS WILDERNESS, ADDITIONS. 
(a) DESIGNATION.—^In furtherance of the purposes of the Wilder-
ness Act of 1964, certain lands within the boundaries of the Oregon 
Islsinds National Wildlife Refuge, Oregon, comprising approximately 
95 acres and as generally depicted on a map entitled "Oregon 
Island Wilderness Additions—Proposed" dated August 1996, are 
hereby designated as wilderness. The map shall be on file and 
available for public inspection in the offices of the Fish and Wildlife 
Service, Department of Interior. 
(b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—All other 
federally-owned named, unnamed, surveyed and unsurveyed rocks, 
reefs, islets Eind islands Ijdng within three geographic miles off 
the coast of Oregon and above mean high tide, not currently des-
ignated as wilderness and also within the Oregon Islands National 
Wildlife Refuge boundaries under the administration of the United 
States Fish and Wildlife Service, Department of Interior, as des-
ignated by Executive Order 7035, Proclamation 2416, Public Land 
Orders 4395, 4475 and 6287, and PubHc Laws 91-504 and 95-
450, are hereby designated as wilderness. 
(c) AREAS UNDER B L M JURISDICTION.—^All federally-owned 
nsimed, unnamed, surveyed and unsurveyed rocks, reefs, islets and 
islands l3dng within three geographic miles off the coast of Oregon 
and above mean high tide, and presently under the jurisdiction 
of the Bureau of Land Management, except Chiefs Islands, are 
hereby designated as wilderness, shall become part of the Oregon 
Islands National Wildlife Refuge and the Oregon Islands Wilderness 
and shall be under the jurisdiction of the United States Fish and 
Wildlife Service, Department of the Interior. 
(d) MAP AND DESCRIPTION.—As soon as practicable after this 
Act takes effect, a map of the wilderness area and a description 
of its boundaries shall be filed with the Senate Committee on 
Energy and Natural Resources and the House Committee on 
Resources, and such map shall have the same force and efiTect 
as if included in this section: Provided however. That correcting 
clerical and typographical errors in the map and land descriptions 
may be made. 
(e) ORDER 6287.—Public Land Order 6287 of June 16, 1982, 
which withdrew certain rocks, reefs, islets, and islands Ijdng within 
three geographical miles off the coast of Oregon and above mesin 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4231 
high tide, including the 95 acres described in subsection (a), as 
an addition to the Oregon Islands National Wildlife Refuge is hereby 
made permanent. 
SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND 
DIRECTION. 
(a) IN GENERAL.—^The Secretaries 
of the 
Interior 
and 
Agriculture (Secretaries) are hereby authorized £ind directed to 
consult, coordinate and cooperate with the Umpqua Land Exchange 
Project (ULEP), affected units and agencies of State and local 
government, and, as appropriate, the World Forestry Center emd 
National Fish and Wildlife Foundation, to assist ULEP's ongoing 
efforts in studying and analyzing land exchange opportunities in 
the Umpqua River basin and to provide scientific, technical, 
research, mapping and other assistance and information to such 
entities. Such consultation, coordination and cooperation shall at 
a minimum include, but not be limited to— 
(1) working with ULEP to develop or assemble comprehen-
sive scientific and other information (including comprehensive 
and integrated mapping) concerning the Umpqua River basin's 
resources of forest, plants, wildlife, fisheries (anadromous and 
other), recreational opportunities, wetlands, riparian habitat 
and other physicsJ or natural resources; 
(2) working with ULEP to identify general or specific areas 
within the basin where land exchanges could promote consolida-
tion of forestland ownership for long-term, sustained timber 
production; protection and restoration of habitat for plants, 
fish and wildlife (including any federally listed threatened or 
endangered species); protection of drinking water supplies; 
recovery of threatened and endsmgered species; protection and 
restoration of wetlands, riparian lands and other environ-
mentally sensitive areas; consolidation of land ownership for 
improved public access and a broad array of recreational uses; 
and consolidation of land ownership to achieve management 
efficiency and reduced costs of administration; and 
(3) developing a joint report for submission to the Congress Reports, 
which discusses land exchange opportunities in the basin and 
outlines either a specific land exchange proposal or proposals 
which may merit consideration by the Secretaries or the 
Congress, or ideas and recommendations for new authoriza-
tions, direction, or changes in existing law or policy to expedite 
and facilitate the consummation of beneficial land exchanges 
in the basin via administrative means. 
(b) MATTERS FOR SPECIFIC STUDY.—In analyzing land exchange 
opportunities with ULEP, the Secretaries shall give priority to 
assisting ULEP's ongoing efforts in: 
(1) stud3dng, identifying, and mapping areas where the 
consolidation of land ownership via land exchanges could 
promote the goals of long term species and watershed protection 
and utilization, including but not limited to the goals of the 
Endangered Species Act of 1973 more effectively than current 
land ownership patterns and whether any changes in law or 
policy applicable to such lands after consummation of an ex-
change would be advisable or necessary to achieve such goals; 
(2) studying, identifying and mapping areas where land 
exchanges might be utilized to better satisfy the goals of 
sustainable timber harvest, including stud3dng whether changes 
110 STAT. 4232 
PUBLIC LAW 104-333—NOV. 12, 1996 
in existing law or policy applicable to such lands after 
consummation of an exchange would be advisable or necessary 
to achieve such goals; 
(3) identifying issues and studying options and alternatives, 
including possible changes in existing law or policy, to ensure 
that combined post-exchange revenues to units of local govern-
ment from State and local property, severance and other taxes 
or levies and shared Federal land receipts will approximate 
pre-exchange revenues; 
(4) identif3dng issues and studying whether possible 
changes in law, special appraisal instruction, or changes in 
certain Federal appraisal procedures might be advisable or 
necessary to facilitate the appraisal of potential exchange lands 
which may have special characteristics or restrictions aifecting 
land values; 
(5) identifying issues and studying options and alternatives, 
including changes in existing laws or policy, for achieving land 
exchanges without reducing the net supply of timber available 
to small businesses; 
(6) identifying, mapping, and recommending potential 
changes in land use plans, land classifications, or other actions 
which might be advisable or necessary to expedite, facilitate 
or consummate land exchanges in certain areas; 
(7) analyzing potential sources for new or enhanced 
Federal, State, or other funding to promote improved resource 
protection, species recovery, and management in the basin; 
and 
(8) identifying and analyzing whether increased efficiency 
and better land and resource management could occur through 
either consolidation of Federal forest management under one 
agency or exchsinge of lands between the Forest Service and 
Bureau of Land Management. 
(c) REPORT TO CONGRESS.—^No later than February 1, 1998, 
ULEP and the Secretaries shall submit a joint report to the 
Committee on Resources of the United States House of Representa-
tives and to the Committee on Energy and Natural Resources 
of the United States Senate concerning their studies, findings, 
recommendations, mapping and other activities conducted pursueuit 
to this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In furtherance of the 
purposes of this section, there is hereby authorized to be appro-
priated the sum of $2,000,000, to remain available until expended. 
Massachusetts. 
SEC. 1029. BOSTON HARBOR ISLANDS RECREATION AREA. 
(a) PURPOSES.—^The purposes of this section are— 
(1) to preserve for public use and enjoyment the lands 
and waters that comprise the Boston Harbor Islands National 
Recreation Area; 
(2) to manage the recreation area in partnership with the 
private sector, the Commonwealth of Massachusetts, munici-
palities surrounding Massachusetts and Cape Cod Bays, the 
Thompson Island Outward Bound Education Center, and 
Trustees of Reservations, and with historical, business, cultural, 
civic, recreational and tourism organizations; 
(3) to improve access to the Boston Harbor Islands through 
the use of public water transportation; and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4233 
(4) to provide education and visitor information programs 
to increase public understanding of and appreciation for the 
natural and cultural resources of the Boston Harbor Islands, 
including the history of Native American use and involvement. 
(b) DEFINITIONS.—^For the purposes of this section— 
(1) the term recreation area means the Boston Harbor 
Islands National Recreation Area established by subsection (c); 
and 
(2) the term "Secretary" means the Secretary of the 
Interior. 
(c) BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.— 
(1) ESTABLISHMENT.—In order to preserve for the benefit 
and inspiration of the people of the United States as a national 
recreation area certain lands located in Massachusetts Bay, 
there is established as a unit of the National Park System 
the Boston Harbor Islands National Recreation Area. 
(2) 
BOUNDARIES.—(A) The 
recreation 
area 
shall 
be 
comprised of the lands, waters, and submerged lands generally 
depicted on the map entitled "Proposed Boston Harbor Islands 
NRA", numbered BOHA 80,002, and dated September 1996. 
Such map shall be on file and available for public inspection 
in the appropriate offices of the National Park Service. After 
advising the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate, in writing, the Secretary may make 
minor revisions of the boundaries of the recreation area when 
necessary by publication of a revised drawing or other boundary 
description in the Federal Register. 
(B) The recreation area shall include the following: 
(i) The areas depicted on the map reference in subpara-
graph (A). 
(ii) Landside points required for access, visitor services, 
and administration in the city of Boston along its 
Harborwalk and at Long Wharf, Fan Pier, John F. Kennedy 
Library, and the Custom House; Charlestown Navy Yard; 
Old Northern Avenue Bridge; the city of Quincy at 
Squantum Point/Marina Bay, the Fore River Shipyard, and 
Town River; the Town of Hingham at Hewitt's Cove; the 
Town of Hull; the city of Salem at Salem National Historic 
Site; and the city of Lynn at the Heritage State Park. 
(d) ADMINISTRATION OF RECREATION AREA.— 
(1) IN GENERAL.—^The recreation area shall be administered 
in partnership by the Secretary, the Commonwealth of 
Massachusetts, City of Boston and its applicable subdivisions 
and others in accordance with the provisions of law generally 
applicable to units of the National Park System, including 
the Act entitled "An Act to establish a Nationsd Park Service, 
and for other purposes", approved August 25, 1916 (39 Stat. 
535; 16 U.S.C. 1, 2, 3, and 4), and the Act of August 21, 
1935 (49 Stat. 666; 16 U.S.C. 461-467) as amended and supple-
mented and in accordance with the integrated management 
plan specified in subsection (f). 
(2) STATE AND LOCAL JURISDICTION.—Nothing in this sec-
tion shall be construed to diminish, enlarge, or modify any 
right of the Commonwealth of Massachusetts or any political 
subdivision thereof, to exercise civil and criminal jurisdiction 
or to carry out State laws, rules, and regulations within the 
110 STAT. 4234 
PUBLIC LAW 104-333—NOV. 12, 1996 
recreation area, including those relating to fish and wildlife, 
or to tax persons, corporations, fi^anchises, or private property 
on the lands and waters included in the recreation area. 
(3) COOPERATIVE AGREEMENTS.—^The Secretary may consult 
and enter into cooperative agreements with the Commonwealth 
of Massachusetts or its political subdivisions to acquire from 
and provide to the Commonwealth or its political subdivisions 
goods and services to be used in the cooperative management 
of Isinds within the recreation area, if the Secretary determines 
that appropriations for that purpose are available and the 
agreement is in the best interest of the United States. 
(4) CONSTRUCTION OF FACILITIES ON NON-FEDERAL LANDS.— 
In order to facilitate the administration of the recreation area, 
the Secretary is authorized, subject to the appropriation of 
necessary funds in advance, to construct essential administra-
tive or visitor use facilities on non-Federal public lands within 
the recreation area. Such facilities and the use thereof shall 
be in conformance with applicable plans 
(5) OTHER PROPERTY, FUNDS, AND SERVICES.—^The Secretary 
may accept and use donated funds, property, and services to 
carry out this section. 
(6) RELATIONSHIP OF RECREATION AREA TO BOSTON-LOGAN 
INTERNATIONAL AIRPORT.—^With respect to the recreation area, 
the present and future maintenance, operation, improvement 
and use of Boston-Logan International Airport and associated 
flight patterns from time to time in effect shall not be deemed 
to constitute the use of publicly owned land of a public park, 
recreation area, or other resource within the meaning of section 
303(c) of title 49, United States Code, and shall not be deemed 
to have a significant effect on natural, scenic, and recreation 
assets within the meaning of section 47101(h)(2) of title 49, 
United States Code. 
(7) 
MANAGEMENT IN ACCORDANCE 
WITH 
INTEGRATED 
MANAGEMENT PLAN.—^The Secretary shall preserve, interpret, 
manage, and provide educational and recreational uses for the 
recreation area, in consultation with the owners and managers 
of lands in the recreation area, in accordance with the 
integrated management plan. 
(e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTABLISHMENT.— 
(1) ESTABLISHMENT.—^There is hereby established the 
Boston Harbor Islands Partnership whose purpose shall be 
to coordinate the activities of Federal, State, and local 
authorities and the private sector in the development and 
implementation of an integrated resource management plan 
for the recreation area. 
(2) MEMBERSHIP.—^The Partnership shall be composed of 
13 members, as follows: 
(A) One individual, appointed by the Secretary, to 
represent the National Park Service. 
(B) One individual, appointed by the Secretary of 
Transportation, to represent the United States Coast 
Guard. 
(C) Two individuals, appointed by the Secretary, after 
consideration of recommendations by the Governor of 
Massachusetts, to represent the Department of Environ-
mental 
Management 
and the Metropolitan 
District 
Commission. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4235 
(D) One individual, appointed by the Secretary, after 
consideration 
of recommendations 
by the 
Chair, 
to 
represent the Massachusetts Port Authority. 
(E) One individual, appointed by the Secretary, after 
consideration 
of recommendations 
by the 
Chair, 
to 
represent the Massachusetts Water Resources Authority. 
(F) One individual, appointed by the Secretary, after 
consideration of recommendations by the Mayor of Boston, 
\ to represent the Office of Environmental Services of the 
City of Boston. 
(G) One individual, appointed by the Secretary, sifter 
consideration 
of recommendations 
by the 
Chair, 
to 
represent the Boston Redevelopment Authority. 
(H) One individual, appointed by the Secretary, after 
consideration of recommendations of the President of the 
Thompson Island Outward Bound Education Center, to 
represent the Center. 
(I) One individual, appointed by the Secretary, after 
consideration of recommendations of the Chair, to represent 
the Trustees of Reservations. 
(J) One individual, appointed by the Secretary, after 
consideration of recommendations of the President of the 
Island Alliance, to represent the Alliance, a nonprofit 
organization whose sole purpose is to provide 
financial 
support for the Boston Harbor Islands National Recreation 
Area. 
(K) Two individuals, appointed by the Secretary, to 
represent the Boston Harbor Islands Advisory Council, 
established in subsection (g). 
(3) TERMS OF OFFICE; REAPPOINTMENT.—(A) Members of 
the Partnership shall serve for terms of three years. Any 
member may be reappointed for one additional 3-year term. 
(B) The Secretary shall appoint the first members of the 
Partnership within 30 days after the date on which the 
Secretary has received all of the recommendations for appoint-
ment pursuant to subsections (b) (3), (4), (5), (6), (7), (8), (9), 
and (10). 
(C) A member may serve after the expiration of his or 
her term until a successor has been appointed. 
(4) COMPENSATION.—^Members of the Partnership shall 
serve without pay, but while away from their homes or regular 
places of business in the performance of services for the Part-
nership, members shall be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner as persons 
employed intermittently in the Government service are allowed 
expenses under section 5703 of title 5, United States Code. 
(5) ELECTION OF OFFICERS.—^The Partnership shall elect 
one of its members as Chairperson and one as Vice Chairperson. 
The term of office of the Chairperson and Vice Chairperson 
shall be one year. The Vice Chairperson shall serve as chair-
person in the absence of the Chairperson. 
(6) VACANCY.—^Any vacancy on the Partnership shall be 
filled in the same manner in which the original appointment 
was made. 
(7) MEETINGS.—^The Partnership shall meet at the call 
of the Chairperson or a majority of its members. 
110 STAT. 4236 
PUBLIC LAW 104-333—NOV. 12, 1996 
(8) 
QUORUM.—^A majority 
of the Partnership 
shall 
constitute a quorum. 
(9) STAFF OF THE PARTNERSHIP.—^The Secretary shall 
provide the Partnership with such staff and technical assistance 
as the Secretary, after consultation with the Partnership, 
considers appropriate to enable the Partnership to carry out 
its duties. The Secretary may accept the services of personnel 
detailed from the Commonwealth of Massachusetts, any politi-
cal subdivision of the Commonwealth or any entity represented 
on the Partnership. 
(10) 
HEARINGS.—^The 
Partnership 
may 
hold 
such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Partnership may 
deem appropriate. 
(11) DONATIONS.—^Nothwithstanding any other provision 
of law, the Partnership may seek and accept donations of 
funds, property, or services from individuals, foundations, cor-
porations, Eind other private and public entities for the purpose 
of carrying out this section. 
(12) USE OF FUNDS TO OBTAIN MONEY.—^The Partnership 
may use its funds to obtain money from £uiy source under 
any program or law requiring the recipient of such money 
to make a contribution in order to receive such money. 
(13) MAILS.—^The Partnership may use the United States 
mails in the same manner and upon the same conditions as 
other departments and agencies of the United States. 
(14) OBTAINING PROPERTY.—^The Partnership may obtain 
by purchase, rental, donation, or otherwise, such property, 
facilities, and services as may be needed to carry out its duties, 
except that the Partnership may not acquire any real property 
or interest in real property. 
(15) COOPERATIVE AGREEMENTS.—For purposes of carrying 
out the plan described in subsection (f), the Partnership may 
enter into cooperative agreements with the Commonwealth of 
Massachusetts, any political subdivision thereof, or with £iny 
organization or person. 
(f) INTEGRATED RESOURCE MANAGEMENT PLAN.— 
(1) IN GENERAL.—^Within three years after the date of enact-
ment of this Act, the Partnership shall submit to the Secretary 
a management plan for the recreation area to be developed 
and implemented by the Partnership. 
(2) CONTENTS OF PLAN.—^The plan shall include (but not 
be limited to) each of the following: 
(A) A program providing for coordinated administration 
of the recreation area with proposed assignment of 
responsibilities to the appropriate governmental unit at 
the Federal, State, and IOCEQ levels, and nonprofit organiza-
tions, including each of the following: 
(i) A plan to finance and support the public 
improvements and services recommended in the plan, 
including allocation of non-Federal matching require-
ments set forth in subsection (h)(2) and a delineation 
of profit sector roles and responsibilities. 
(ii) A program for the coordination and consolida-
tion, to the extent feasible, of activities that may be 
carried out by Federal, State, and local agencies having 
jurisdiction over land and waters within the recreation 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4237 
area, including planning and regulatory responsibil-
ities. 
(B) Policies and programs for the following purposes: 
(i) 
Enhancing 
public 
outdoor 
recreational 
opportunities in the recreation area. 
(ii) Conserving, protecting, and maintaining the 
scenic, historical, cultural, natural and scientific values 
of the islands. 
(iii) Developing educational opportunities in the 
recreation area. 
(iv) Enhancing public access to the Islands, 
including development of transportation networks. 
(v) Identifying potential sources of revenue from 
programs or activities carried out within the recreation 
area. 
(vi) Protecting and preserving Native American 
burial grounds connected with the King Philip's War 
internment period and other periods. 
(C) A policy statement that 
recognizes 
existing 
economic activities within the recreation area. 
(3) DEVELOPMENT OF PLAN.—In developing the plan, the 
Psirtnership shall— 
(A) consult on a regular basis with appropriate officials 
of any local government or Federal or State agency which 
has jurisdiction over lands smd waters within the recreation 
area; 
(B) consult with interested conservation, business, 
professional, and citizen organizations; and 
(C) conduct public hearings or meetings for the 
purposes of providing interested persons with the oppor-
tunity to testify with respect to matters to be addressed 
by the plan. 
(4) APPROVAL OF PLAN.—(A) The Partnership shall submit 
the plan to the Grovernor of Massachusetts for review. The 
Grovernor shall have 90 days to review and make any 
recommendations. 
After 
considering the Governor's 
rec-
ommendations, the Partnership shall submit the plan to the 
Secretary, who shall approve or disapprove the plan within 
90 days. In reviewing the plan the Secretary shall consider 
each of the following: 
(i) The adequacy of public participation. 
(ii) Assurances of plan implementation from State and 
local officials. 
(iii) The adequacy of regulatory and financial tools 
that are in place to implement the plsm. 
(B) If the Secretary disapproves the plan, the Secretary 
shall within 60 days after the date of such disapproval, advise 
the Partnership in writing of the reasons therefore, together 
with recommendations for revision. Within 90 days of receipt 
of such notice of disapproval, the Partnership shall revise and 
resubmit the plan to the Secretary who shall approve or 
disapprove the revision within 60 days. 
(5) INTERIM PROGRAM.—Prior to adoption of the Partner-
ship's plan, the Secretary and the Partnership shall assist 
the owners and managers of lands and waters within the 
recreation area to ensure that existing programs, services, and 
110 STAT. 4238 
PUBLIC LAW 104-333—NOV. 12, 1996 
Mississippi. 
16 use 410OO-2. 
activities that promote the purposes of this section are 
supported. 
(g) BOSTON HARBOR ISLANDS ADVISORY COUNCIL.— 
(1) ESTABLISHMENT.—^The Secretary, acting through the 
Director of the National Park Service, shall establish an 
advisory committee to be known as the Boston Harbor Islands 
Advisory Council. The purpose of the Advisory Council shall 
be to represent various groups with interests in the recreation 
area and make recommendations to the Boston Harbor Islands 
Partnership on issues related to the development and 
implementation of the integrated resource management plan 
developed under subsection (f). The Advisory Council is encour-
aged to establish committees relating to specific recreation area 
management issues, including (but not limited to) education, 
tourism, transportation, natural resources, cultural and historic 
resources, and revenue raising activities. Participation on any 
such committee shall not be limited to members of the Advisory 
Council. 
(2) MEMBERSHIP.—^The Advisory Council shall consist of 
not fewer than 18 individuals, to be appointed by the Secretary, 
acting through the Director of the National Park Service. The 
Secretary shall appoint no fewer than three individuals to 
represent each of the following categories of entities: municipali-
ties; educational and cultural institutions; 
environmental 
organizations; business and commercial entities, including those 
related to transportation, tourism and the maritime industry; 
and 
Boston 
Harbor-related 
advocacy 
organizations; and 
organizations representing Native American interests. 
(3) PROCEDURES.—^Each meeting of the Advisory Council 
and its committees shall be open to the public. 
(4) FACA.—^The provisions of section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.), are hereby waived 
with respect to the Advisory Council. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—^There are authorized to be appropriated 
such sums as may be necessary to carry out this section, 
provided that no funds may be appropriated for land acquisi-
tion. 
(2) MATCHING REQUIREMENT.—Amounts appropriated in 
any fiscsil year to carry out this section may only be expended 
on a matching basis in a ration of at least three non-Federal 
dollars to every Federsd dollar. The non-Federal share of the 
match may be in the form of cash, services, or in-kind contribu-
tions, fairly valued. 
SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK. 
Section 3 of the Act of October 8, 1988, entitled "An Act to 
create a national park at Natchez, Mississippi" (16 U.S.C. 410oo 
et seq.), is amended— 
(1) by inserting "(a) IN GENERAL.—" after "SEC. 3."; and 
(2) by adding at the end the following: 
"(b) BUILDING FOR JOINT U S E BY THE SECRETARY AND THE 
CITY OF NATCHEZ.— 
"(1) CONTRIBUTION TOWARD CONSTRUCTION.—^The Secretary 
may enter into an agreement with the City of Natchez under 
which the Secretary agrees to pay not to exceed $3,000,000 
toward the planning and construction by the City of Natchez 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4239 
of a structure to be partially used by the Secretary as an 
administrative headquarters, administrative site, and visitors' 
center for Natchez National Historical Park. 
"(2) USE FOR SATISFACTION OF MATCHING REQUIREMENTS.— 
The amount of payment under pgiragraph (1) may be available 
for matching Federal grants authorized under other law 
notwithstanding any limitations in any such law. 
"(3) AGREEMENT.—^Prior to the execution of an agreement 
under paragraph (1), and subject to the appropriation of 
necessary funds in advance, the Secretary may enter into a 
contract, lease, cooperative agreement, or other appropriate 
form of agreement with the City of Natchez providing for the 
use and occupancy of a portion of the structure constructed 
under paragraph (1) (including appropriate use of the land 
on which it is situated), at no cost to the Secretary (except 
maintenance, utility, and other operational costs), for a period 
of 50 years, with an option for renewal by the Secretary for 
an additional 50 years. 
"(4) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
is 
authorized to be appropriated $3,000,000 to carry out this sub-
section.". 
SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIMBER SALE. California. 
(a) IN GENERAL.—^Notwithstanding the provisions of the Act 
of July 31, 1947 (30 U.S.C. 601 et seq.), and the requirements 
of section 5402.0-6 of title 43, Code of Federal Regulations, the 
Secretary of the Interior, acting through the Bureau of Land 
Management, is authorized to substitute, without competition, a 
contract for timber identified for harvest located on public lands 
administered by the Bureau of Land Management in the State 
of California of comparable value for the; following terminated 
timber contract: Elkhom 
Ridge Timber 
Sale, Contract No. 
CA-050-TS-88-01. 
(b) DISCLAIMER.—^Nothing in this section shall be construed 
as changing any law or policy of the Fedeifal Grovemment beyond 
the timber sale substitution specified in this section. 
SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACIUTIES. 
(a) IN GENERAL.—Section 504(g) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1764(g)) is amended by 
striking "financed pursuant to the Rural Electrification Act of 1936, 
as amended," in the last sentence and inserting "eligible for financ-
ing pursuant to the Rural Electrification Act of 1936, as amended, 
determined without regard to any application requirement under 
that Act,". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shEill apply with respect to rights-of-way leases held on or after 
the date of enactment of this Act. 
SEC. 1033. FEDERAL BOROUGH RECOGNITION.' 
(a) Section 6901(2) of title 31, United States Code, is amended 
to read as follows: 
"(2)(A) 'unit of gener£il local government' means— 
"(i) a county (or parish), township, borough, or city 
where the city is independent of any other unit of general 
local government, that— 
"(I) is within the class or classes of such political 
subdivision in a State that the Secretary of the Interior, 
Applicability. 
43 use 1764 
note. 
29-194 O - 96 - 14: QL 3 Part 6 
110 STAT. 4240 
PUBLIC LAW 104-333—NOV. 12, 1996 
in his discretion, determines to be the principal 
provider or providers of governmental services within 
the State; and 
"(11) is a unit of general government, as determined 
by the Secretary of the Interior on the basis of the 
same principles as were used by the Secretary of 
Commerce on January 1, 1983, for general statistical 
purposes; 
(ii) any area in Alaska that is within the boundaries 
of a census area used by the Secretary of Commerce in 
the debennial census, but that is not included within the 
boundary of a governmental entity described 
under 
clause (i); 
"(iii) the District of Columbia; 
"(iv) the Commonwealth of Puerto Rico; 
"(v) Guam; and 
"(vi) the Virgin Islands. 
"(B) the term 'governmental services' includes, but is not 
limited to, those services that relate to public safety, the 
environment, housing, social services, transportation, and 
governmental administration.". 
(b) PAYMENT IN LIEU OF TAXES.—Section 6902(a) of title 31, 
United States Code, is amended to read as follows: 
"(a)(1) Except as provided in paragraph (2), the Secretary of 
the Interior shall make a pajmtient for each fiscal year to each 
unit of general local government in which entitlement land is 
located as set forth in this chapter. A unit of general local govern-
ment may use the pa3nnent for any governmental purpose. 
Alaska. 
"(2) For each unit of general local government described in 
section 6901(2)(A)(ii), the Secretary of the Interior shall make a 
payment for each fiscal year to the State of Alaska for entitlement 
land located within such unit as set forth in this chapter. The 
State of Alaska shall distribute such pa3anent to home rule cities 
and general law cities (as such cities are defined by the State) 
located within the boundaries of the unit of general local govern-
ment for which the pajmtient was received. Such cities may use 
monies received under this paragraph for any governmental 
purpose.". 
SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS. 
Notwithstanding any other provision of law, any of the Alaska 
Native Village Corporations 
of Tyonek 
Native 
Corporation, 
Ninilchik Native Association, Inc., Knikatnu Inc., Seldovia Native 
Association, Inc., Chikaloon Moose Creek Native Association, Inc., 
and the Alaska Native Regional Corporation, Cook Inlet Region, 
Inc. may commence litigation at any time within 12 months of 
enactment of this Act in Federal District Court for Alaska to chal-
lenge any determination by the Department of the Interior that 
such native corporations will not receive conveyance of lands 
described in "Appendix C" of the Deficiency Agreement dated 
August 31,1976. 
SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS OF ALASKA. 
(a) IN GENERAL.—^Local residents who are descendants of 
Katmai residents who lived in the Naknek Lake and River Drainage 
shall be permitted, subject to reasonable regulations established 
by the Secretary of the Interior, to continue their traditional fishery 
for red fish within Katmai National Park (the national park and 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4241 
national preserve redesignated, established, and expanded under 
section 202(2) of the Alaska National Interest Lands Conservation 
Act(16U.S.C.410hh-l)). 
(b) RED FISH DEFINED.—^For the purposes of subsection (a), 
the term "red fish" means spawned-out sockeye salmon that has 
no significant commercial value. 
(c) TITLE.—No provision of this section shall be construed to 
invalidate or validate or in any other way affect any claim by 
the State of Alaska to title to any or all submerged lands, nor 
shall any actions taken pursuant to or in accordsince with this 
Act operate under any provision or principle of the law to bar 
the State of Alaska from asserting at any time its claim of title 
to any or all of the submerged lands. 
(d) JURISDICTION.—Nothing in this section nor in any actions 
taken pursuEint to this section shall be construed as expanding 
or 
diminishing 
Federal or State jurisdiction, 
responsibility, 
interests, or rights in management, regulation, or control over 
waters of the State of Alaska or submerged lands under any provi-
sion of Federal or State law. 
SEC. 1036. CREDIT FOR RECONVEYANCE. 
Within 24 months after the date of the enactment of this 
Act, the Cape Fox Corporation may transfer all or part of its 
right, title, and interest in and to the approximately 320-acre parcel 
that includes Beaver Falls Hydroelectric power-house site to the 
United States as part of an equal value exchange. 
SEC. 1037. RADIO SITE REPORT. 
The Secretary of Agriculture (1) shall have a period of 180 
days from the date of enactment of this Act to review management 
of Inspiration Point, San Bemadino National Forest, make deter-
mination whether the continued presence of the KATY-FM antenna 
on the site is in the public interest, and report the determination 
with the reasons therefor to the Committee on Energy and Natural 
Resources, United States Senate, and the Committee on Resources, 
House of Representatives, and (2) shedl take no action within such 
period which causes or results in, directly or indirectly, the removal 
of the antenna from the site. 
TITLE XI—CALIFORNIA BAY DELTA 
ENVIRONMENTAL ENHANCEMENT 
SEC. 1101. PROGRAM FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—For each of the fiscal 
years 1998, 1999, and 2000, there are authorized to be appropriated 
an additional $143,300,000 for both— 
(1) the initial Federal share of the cost of developing and 
implementing that portion of an ecosystem protection plan for 
the Bay-Delta, referred to as "the Category III program" 
emanating out of the document entitled "Principles for Agree-
ment on Bay-Delta Standards between the State of California 
and the Federal Government", dated December 15, 1994, and 
(2) the initial Federal share of the cost of developing and 
implementing the ecosystem restoration elements of the long-
term CALFED Bay-Delta Program, pursuant to the cost 
sharing 
agreement 
required 
by 
section 
78684.10 
of 
110 STAT. 4242 
PUBLIC LAW 104-333—NOV. 12, 1996 
California Senate Bill 900, Chapter 135, Statutes of 1996, 
signed by the Grovemor of California on July 11, 1996. 
Funds appropriated pursuant to this section shall remain available 
until expended and shall be administered in accordance with proce-
dures established by CALFED Bay-Delta Program until Congress 
authorizes another entity that is recommended by CALFED 
Bay-Delta Program to carry out this section. 
(b) TREATMENT OF FUNDS.—Funds authorized to be appro-
priated pursuant to this section to those agencies that are currently 
or subsequently become participants in the CALFED Bay-Delta 
Program shall be in addition to the baseline funding levels estab-
lished pursuant to subsection (e), for currently authorized projects 
and programs under the Central Valley Project Improvement Act 
(title X5DQV of Public Law 102-575) and other currently authorized 
Federal programs for the purpose of Bay-Delta ecosystem protection 
and restoration. 
(c) LONG-TERM SOLUTION.—^Nothing in this section shall be 
deemed to diminish the Federal interest in and responsibility for 
working with the State of California through the CALFED 
Bay-Delta Program in developing, funding, and implementing a 
balanced, long-term solution to the problems of ecosystem quality, 
water quality, water supply and reliability, and system vulnerability 
Eiffecting the San Francisco Bay/Sacramento-San Joaquin Delta 
Watershed in California. Participation in such long-term solution 
shall only be undertaken pursuant to authorization provided by 
law other than this section, and shall be based on the equitable 
allocation of program costs among beneficiary groups that the 
CALFED Bay-Delta programs shall develop. 
(d) ACTIVITIES.—^To the extent not otherwise authorized, those 
agencies and departments that are currently or subsequently 
become participants in the CALFED Bay-Delta Program are hereby 
authorized to undertsike the activities and programs for which 
Federal cost sharing is provided by this section. The United States 
shall 
immediately 
initiate 
coordinated 
consultations 
and 
negotiations with the State of California to expeditiously execute 
the cost-sharing agreement required by section 78684.10 of Califor-
nia Senate Bill 900, Chapter 135, Statutes of 1996, signed by 
the Governor of Cgilifornia on July 11, 1996. Such activities shall 
include, but not be limited to, planning, design, technical assistance, 
and construction for ecosystem restoration programs and projects. 
(e) BUDGET CROSSCUT.—The Office of Management and Budget 
is directed to submit to the House and Senate Committees on 
Appropriations, as part of the President's Fiscal Year 1998 Budget, 
an interagency budget crosscut that displays Federal spending for 
fiscal years 1993 through 1998 on ecosystem restoration and other 
purposes in the Bay-Delta region, separately showing funding 
provided previously or requested under both pre-existing authorities 
and new authorities granted by this section. 
(f) EFFECTIVE DATE.—Subsections (a) through (d) of this section 
shall take effect on the date of passage of California State Propo-
sition 204. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4243 
DIVISION II 
TITLE I—NATIONAL COAL HERITAGE 
National Coal 
A^w%^*7^ A 
Heritage Area 
AtiJiiA 
Actofl996. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "National Coal Heritage Area 
Act of 1996". 
SEC. 102. FINDINGS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) Certain events that led to the development of southern 
West Virginia's coalfields during the latter part of the 19th 
Century and the early part of the current century are of 
national historic and cultural significance in terms of their 
contribution to the industrialization of the United States, the 
organization of workers into trade unions, and the unique 
culture of the Appalachian Region. 
(2) It is in the national interest to preserve and' protect 
physical remnants of this era for the education and benefit 
of present and future generations. 
(3) There is a need to provide assistance for the preserva-
tion and promotion of those vestiges of southern West Virginia's 
coal heritage which have outstanding cultural, historic, and 
architectural value. 
SEC. 103. ESTABUSHMENT. 
(a) IN GENERAL.—^For the purpose of preserving and interpret-
ing for the educational and inspirational benefit of present and 
future generations certain lands and structures with unique and 
significant historic and cultural value associated with the coal min-
ing heritage of the State of West Virginia and the Nation, there 
is hereby established the National Coal Heritage Area (hereafter 
in this title referred to as the "Area"). 
(b) BOUNDARIES.—^The Area shall be comprised of the counties 
in the State of West Virginia that are the subject of the study 
by the National Park Service, dated 1993, entitled "A Coal Mining 
Heritage Study: Southern West Virginia" conducted pursuant to 
title VI of Public Law 100-699. 
(c) ADMINISTRATION.—^The Area shall be administered in accord-
ance with this title. 
SEC. 104. CONTRACTUAL AGREEMENT. 
The Secretary of the Interior (hereafter in this title referred 
to as the "Secretary") is authorized to enter into a contractual 
agreement with the Governor of the State of West Virginia, acting 
through the Division of Culture and History and the Division of 
Tourism and Parks, pursuant to which the Secretary shall assist 
the State of West Virginia, its units of local government, and 
nonprofit organizations in each of the following: 
(1) The development and implementation of integrated 
cultural, historical, and land resource management policies and 
programs in order to retain, enhance, and interpret the signifi-
cant values of the lands, water, and structures of the Area. 
(2) The preservation, restoration, maintenance, operation, 
interpretation, and promotion of buildings, structures, facilities. 
West Virginia. 
16 use 461 note. 
110 STAT. 4244 
PUBLIC LAW 104-333—NOV. 12, 1996 
sites, and points of interest for public use that possess cultural, 
historical, and architectural values associated with the coal 
mining heritage of the Area. 
(3) The coordination of activities by Federal, State, and 
local governments and private businesses and organizations 
in order to further historic preservation and compatible 
economic revitalization. 
(4) The development of guidelines and standards for 
projects, consistent with standards established by the National 
Park Service, for the preservation and restoration of historic 
properties, including interpretative methods, that will further 
history preservation in the region. 
SEC. 105. ELIGIBLE RESOURCES. 
The resources eligible for the assistemce under paragraphs (2) 
£ind (5) of section 104 shall include those set forth in appendix 
D of the study by the National Park Service, dated 1993, entitled 
"A Coal Mining Heritage Study: Southern West Virginia", conducted 
pursuant to title VI of Public Law 100-699. Priority consideration 
shall be given to those sites listed as "Conservation Priorities" 
and "Important Historic Resources" as depicted on the map entitled 
"Study Area: Historic Resources" in such study. 
SEC. 106. COAL HERITAGE MANAGEMENT PLAN. 
(a) IN GENERAL.—Pursusmt to the contractual 
agreement 
referred to in section 104, within three years after the date of 
enactment of this title, the Governor of the State of West Virginia, 
acting through the Division of Culture and History and the Division 
of Tourism and Parks, shall submit to the Secretary a Coal Heritage 
Management Plan for the Area. The plan shall at a minimum— 
(1) set forth the integrated cultural, historical, and land 
resource management policies and programs referred to in 
section 104; 
(2) describe the guidelines and stgmdards for projects 
referred to in section 104; and 
(3) set forth the responsibilities of the State of West 
Virginia, units of local government, nonprofit entities, or 
Secretary to administer any properties acquired pursuant to 
section 104. 
(b) PLAN APPROVAL.—^The Secretary shall approve the plan 
submitted under subsection (a) unless he determines that it would 
meet the objectives of this title. 
SEC. 107. SUNSET. 
The Secretary may not make any grant or provide any 
assistance under this title after September 30, 2012. 
SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Area 
under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title may not exceed 50 percent of the total cost of any assistance 
or grant provided or authorized under this title. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4245 
TITLE II—TENNESSEE CIVIL WAR 
le use 46i n
o
t
e 
HERITAGE AREA 
SEC. 201. FINDmCS AND PURPOSES. 
(a) FINDINGS.—^The Congress finds that— 
(1) there are situated in the State of Tennessee the sites 
of severgJ key Civil War battles, campaigns, and engagements; 
(2) certain sites, battlefields, structures, and areas in 
Tennessee are collectively of national significance in the history 
ofthe Civil War; 
(3) the Civil War Sites Advisory Commission, established 
by Congress in 1991, identified 38 sites in Tennessee as 
significant; 
(4) the preservation and interpretation of these sites will 
make an important contribution to the understanding of the 
heritage ofthe United States; 
(5) the preservation of Civil War sites within a regional 
framework requires cooperation among local property owners 
and Federal, State, and local government entities; and 
(6) partnerships between Federal, State, and local govern-
ments and their regional entities, and the private sector, offer 
the most effective opportunities for the enhancement and 
management of the Civil War battlefields and related sites 
located in Tennessee. 
(b) PURPOSES.—^The purposes of this title are— 
(1) to preserve, conserve, and interpret the legacy of the 
Civil War in Tennessee; 
(2) to recognize and interpret important events sind 
geographic locations representing key Civil War battles, 
campaigns, and engagements in Tennessee; 
(3) to recognize and interpret the effect of the Civil War 
on the civilian population of Tennessee during the war and 
postwar reconstruction period; and 
(4) to create partnerships among Federal, State, and local 
governments and their regional entities, and the private sector 
to preserve, conserve, enhance, and interpret the battlefields 
and associated sites associated with the Civil War in Tennessee. 
SEC. 202. DEFINITIONS. 
For purposes of this title: 
(1) The term "national heritage area" means the Tennessee 
Civil War Heritage Area as designated pursuant to section 
203. 
(2) The term "Secretary means the Secretary of the 
Interior. 
(3) The term "compact" means the compact approved under 
section 204. 
(4) The term "management plan" means the management 
plan submitted under section 205. 
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA. 
(a) DESIGNATION.—^Upon publication by the Secretary in the 
Federal Register, 
Federal Register of notice that a compact regarding the Tennessee publication. 
Civil War Heritage Area has been approved by the Secretary in 
accordance with this title, there is hereby designated the Tennessee 
Civil War Heritage Area. 
110 STAT. 4246 
PUBLIC LAW 104-333—NOV. 12, 1996 
(b) BOUNDARIES.—^The Tennessee Civil War Heritage Area shall 
be comprised of areas of the State of Tennessee depicted on the 
map entitled "Tennessee Civil War Heritage Area". The map shall 
be on file and available for public inspection in the office of the 
Director of the National Park Service. 
(c) ADMINISTRATION.—^The national heritage area shall be 
administrated in accordance with the compact and the management 
plan. 
SEC. 204, COMPACT. 
(a) COMPACT.—^The compact referred to in section 203(a) shall 
include information relating to the objectives and management of 
the area proposed for designation as the national heritage area. 
Such information shall include (but not be limited to) each of 
the following: 
(1) A delineation of the boundaries of the proposed national 
heritage area. 
(2) A discussion of the goals and objectives of the proposed 
national heritage area, including an explanation of the approach 
proposed by the partners referred to in paragraph (4), to 
conservation and interpretation of resources. 
(3) An identification and description of the management 
entity that will administer the proposed national heritage area. 
(4) A list of the initial partners to be involved in developing 
and implementing the management plan for the proposed 
national heritage area, and a statement of the financial commit-
ment of the partners. 
(5) A description of the role of the State of Tennessee. 
(b) PREPARATION OF AND ACTIONS CALLED FOR IN COMPACT.— 
The compact shall be prepared with public participation. Actions 
called for in the compact shall be likely to be initiated within 
a reasonable time after designation of the proposed national herit-
age area and shall ensure effective implementation of the State 
and local aspects of the compact. 
(c) APPROVAL AND DISAPPROVAL OF COMPACTS.— 
(1) IN GENERAL.—^The Secretary, in consultation with the 
Governor of Tennessee, shall approve or disapprove the pro-
posed compact not later than 90 days after receiving such 
compact. 
(2) 
PROCEDURES 
IF 
DISAPPROVED.—If 
the 
Secretary 
disapproves a proposed compact, the Secretary shall advise, 
in writing, of the reasons for the disapproval and shall make 
recommendations for revisions of the proposed compact. The 
Secretary shall approve or disapprove a proposed revision to 
such a compact within 90 days after the date on which the 
revision is submitted to the Secretary. 
SEC. 205. MANAGEMENT. 
(a) MANAGEMENT PLANS.—^A management plan submitted under 
this title for the national heritage area shall present comprehensive 
recommendations for the conservation, funding, management, and 
development of the area. The management plan shall— 
(1) be prepared with public participation; 
(2) take into consideration existing Federal, State, county, 
and local plans and involve residents, public agencies, and 
private organizations in the area; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4247 
(3) include a description of actions that units of government 
and private organizations are recommended to take to protect 
the resources of the area; 
(4) specify existing and potential sources of funding for 
the conservation, management, and development of the area; 
and 
(5) include the following, as appropriate: 
(A) An inventory of the resources contained in the 
national heritage area, including a list of property in the 
area that should be conserved, restored, managed, devel-
oped, or maintained because of the natural, cultural, or 
historic significance of the property as it relates to the 
themes of the area. 
(B) A recommendation of policies for resource msinage-
ment that consider and detail the application of appropriate 
land and water management techniques, including (but 
not limited to) the development of intergovernmental 
cooperative agreements to manage the historical, cultural, 
and natural resources and the recreational opportunities 
of the area in a manner consistent with the support of 
appropriate and compatible economic viability. 
(C) A program, including plans for restoration and 
construction, for implementation of the management plan 
by the management entity specified in the compact for 
the area and specific commitments, for the first 5 years 
of operation of the plan, by the partners identified in the 
compact. 
(D) An analysis of means by which Federal, State, 
and local programs may best be coordinated to promote 
the purposes of this title. 
(E) An interpretive plan for the national heritage area. 
(b) MANAGEMENT ENTITIES.—The management entity for the 
national heritage area shall do each of the following: 
(1) Develop and submit to the Secretary a management 
plan not later than three years after the date of the designation 
of the area as a national heritage area. 
(2) Give priority to the implementation of actions, goals, 
and policies set forth in the compact and management plan 
for the area, including— 
(A) assisting units of government, regional planning 
organizations, and nonprofit organizations— 
(i) in conserving the national heritage area; 
(ii) in establishing and maintaining interpretive 
exhibits in the area; 
(iii) in developing recreational opportunities in the 
area; 
(iv) in increasing public awareness of and apprecia-
tion for the natural, historical, and cultured resources 
of the area; 
(v) in the restoration of historic buildings that 
are located within the boundaries of the area and 
relate to the themes of the area; and 
(vi) in ensuring that clear, consistent, and environ-
mentally appropriate signs identifying access points 
and sites of interest are put in place throughout the 
area; and 
110 STAT. 4248 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) consistent with the goals of the management plan, 
encouraging economic viability in the affected communities 
by appropriate means. 
(3) In developing and implementing the management plan 
for the area, consider the interests of diverse units of govern-
ment, businesses, private property owners, and nonprofit groups 
within the geographic area. 
Public 
(4) Conduct public meetings at least quarterly regarding 
information. 
the implementation of the management plan for the area. 
(c) CLEARING HOUSE.—^The Congress recognizes the Center for 
Historic Preservation at Middle Tennessee State University as the 
clearing house for the Tennessee Civil War Heritage Area. 
SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY. 
The Secretary— 
(1) may provide technical assistance and grants to units 
of government and private nonprofit organizations regarding 
the compact and, upon request of the management entity for 
the national heritage area, regarding the management plan 
and its implementation; 
(2) may not, as a condition of the award of technical assist-
ance or grants under this section, require any recipient of 
such technical assistance or grants to enact or modify land 
use restrictions; and 
(3) may not make limitations on fishing, hunting, or 
trapping a condition for the approval of the compact or the 
determination of eligibility for technical assistance or grants 
under this section. 
SEC. 207. SAVINGS PROVISIONS. 
(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—^Nothing 
in this title shall be construed to modify, enlarge, or diminish 
any authority of the Federal, State, or locsd governments to regulate 
any use of land as provide for by law or regulation. 
(b) LACK OF ZONING OR LAND USE POWERS OF ENTITY.—^Nothing 
in this title shall be construed to grant powers of zoning or land 
use to any management entity for the national heritage area. 
(c) FISH AND WILDLIFE.—^The designation of the national herit-
age area shall not diminish the authority of the State of Tennessee 
to manage fish and wildlife, including the regulation of fishing 
and hunting within such area. 
SEC. 208. SUNSET. 
The Secretary may not make any grant or provide any 
assistance under this title after September 30, 2012. 
SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the national 
heritage area under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title, after the designation of the national heritage area, may not 
exceed 50 percent of the total cost of any assistance or grant 
provided or authorized under this title. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4249 
TITLE III—AUGUSTA CANAL NATIONAL 
HERITAGE AREA 
SEC. 301. FINDINGS. 
The Congress finds that— 
(1) the Augusta Canal National Landmark in the State 
of Georgia, listed on the National Historic Register of Historic 
Places, and designated by the Governor of Georgia as one 
of four regionally important resources in the State, is one 
of the last unspoiled areas in the State of Georgia; 
(2) the Augusta Canal National Historic 
Landmark 
possesses excellent water quality, beautiful rural and historic 
cultural landscapes, architecturally significant mill structures 
and mill villages, and large acreages of parks and permanent 
open space; 
(3) three national historic districts, the Harrisburg, Laney 
Walker, and Greene Street districts, and two national historic 
Ismdmarks, Stallings Island, located in the Savannah River, 
and Meadow Garden, are connected by the Augusta Canal 
Area; 
(4) the beautiful rural landscapes and historic cultural 
landscapes, scenic vistas and excellent water quality of the 
Augusta Canal contain significant undeveloped recreational 
opportunities for people throughout the United States; 
(5) the Augusta Canal Eind related mill sites, structures, 
£ind associated neighborhoods are representatives of the devel-
opment of the cotton textile industry and associated agriculture 
and trade in the South; 
(6) the transformation of the agrarian economy of the area 
into an early industrial economy was precipitated by the devel-
opment and use of the Augusta Canal; 
(7) several significant sites associated with the American 
Revolution, 
the 
Civil 
War, 
Native Americans, 
Colonial 
Americans, African Americans, Chinese Americans, and Irish 
Americans are located within the Augusta Canal area; 
(8) despite the efforts by the State of Georgia, political 
subdivisions of the State, volunteer organizations, and private 
businesses, the cultural, historical, natural, and recreational 
resources of the area have not realized full potential and may 
be lost without assistance from the Federsd Government; 
(9) the Secretary of the Interior considers this landmark 
to be threatened and has designated it a priority for protection; 
(10) many local, regional, and State agencies, businesses, 
and private citizens have expressed an overwhelming desire 
to combine forces to work cooperatively to preserve and enhance 
the resources of the Augusta Canal National Historic Landmark 
and better plan for its future; and 
(11) the Augusta Canal Authority, a public body established 
under the law of the State of Georgia, would be an appropriate 
management entity for a National Heritage Area established 
in the area of the Augusta Canal. 
SEC. 302. PURPOSE. 
It is the purpose of this title to provide a cooperative manage-
ment framework to assist the State of Georgia, its units of local 
government, and area citizens in retaining, enhancing, and 
Georgia. 
orgii 
US( 
16 use 461 note. 
110 STAT. 4250 
PUBLIC LAW 104-333—NOV. 12, 1996 
interpreting the significant features of the lands, water, and struc-
tures of the Augusta Canal, in a manner that is consistent with 
positive economic impact and development for the benefit and 
inspiration of present and future generations in the State of Georgia 
and the United States. 
SEC. 303. 
DESIGNATION OF AUGUSTA CANAL NATIONAL HERITAGE 
AREA. 
(a) DESIGNATION.—^There is hereby designated in the State 
of Georgia the Augusta Canal National Heritage Area (referred 
to in this title as the "Heritage Area"). 
(b) BOUNDARIES.— 
(1) IN GENERAL.—^The Heritage Area shall include the land 
generally depicted on the map entitled "The Augusta Canal", 
numbered AUCA-80,000, and dated August 1994, which shall 
be on file and available for public inspection in the Office 
of the Director of the National Park Service, Washington, D.C. 
(2) LEGAL DESCRIPTION.—As soon as practicable after the 
date of enactment of this title, the Secretary of the Interior 
(referred to in this title as the "Secretarj^') shall prepare and 
place on file with the map described in paragraph (1) a legal 
description of the boundaries of the Heritage Area. 
SEC. 304. MANAGEMENT. 
The Secretary, acting through the Director of the National 
Park Service, shall enter into a cooperative agreement with the 
Augusta Canal Authority, a public body established under the law 
of the State of Greorgia, providing for the management of the 
Heritage Area by the Augusta Canal Authority under terms and 
conditions stated in the cooperative agreement. The Secretary shsdl 
consult with the Augusta Canal Authority before carrying out any 
management authority with respect to the Heritage Area which 
is not provided for by the cooperative agreement. 
SEC. 305. MANAGEMENT PLAN. 
(a) PREPARATION OF PLAN.—^Not later than three years after 
the date of enactment of this title, the Augusta Canal Authority 
shall prepare and submit to the Secretary for review and approval 
a plan for the management and administration of the Heritage 
Area. 
(b) CONTENTS.—^The plan shall be based on Federal, State, 
and local plans in existence on the date of enactment of this title, 
including the Augusta Canal Master Plan. The Augusta Canal 
Authority 
shsdl 
coordinate 
and 
combine 
such 
plans 
and 
present an integrated and cooperative approach for the protection, 
enhancement, and interpretation of the cultural, natural, scenic, 
and recreational resources of the Heritage Area. 
(c) ASSISTANCE.—^The Secretary may provide technical and 
financial assistance in the preparation of the management plan. 
(d) APPROVAL.— 
(1) IN GENERAL.—Not later than 180 days after receipt 
of the plan submitted under subsection (a), the Secretary shall 
approve or disapprove the plan. 
(2) CRITERIA.—In determining whether to approve a plan, 
the Secretary shall consider— 
(A) whether the plan has strong local support from 
a diversity of landowners, business interests, nonprofit 
organizations, and governments within the area; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4251 
(B) 
whether 
the plan 
is 
consistent 
with 
and 
complements continued economic activity in the area; 
(C) whether the plan has a high potential for effective 
partnership mechanisms; 
(D) whether the plan improperly infringes on private 
property rights; and 
(E) whether the plan will take appropriate action to 
ensure private property rights are observed. 
(3) DISAPPROVAL.— 
(A) IN GENERAL.—^If the Secretary disapproves the Notification. 
proposed management plan, the Secretary shaJl notify the 
Augusta Canal Authority of the disapproval in writing. 
(B) CONTENTS.—A notification under subparagraph (A) 
shall include— 
(i) the reasons for the disapproval; and 
(ii) recommendations for revision. 
(C) REVISED PLAN.—The Augusta Canal Authority shall 
revise and resubmit the management plan to the Secretary 
for approval. Not later than 180 days after receipt of the 
revised plan, the Secretary shall approve or disapprove 
the plan as provided in paragraph (2). The Augusta Canal 
Authority shall revise and submit the management plan 
until the management plan is approved by the Secretary. 
(e) IMPLEMENTATION.— 
(1) IN GENERAL.—^Upon approval of the management plan 
as provided in subsection (d), the Secretary, in conjunction 
with the Augusta Canal Authority, shall take appropriate steps 
to implement the management plan. 
(2) 
COOPERATIVE 
AGREEMENTS.—The 
Secretary 
is 
authorized to enter into cooperative agreements with the State 
of Georgia, political subdivisions of the State, the Augusta 
Canal Authority, or any organization or individual to implement 
the management plan. 
(f) ECONOMIC DEVELOPMENT.—^It is the sense of Congress that 
the Augusta Canal Authority, the State of Greorgia, the City of 
Augusta, and other political subdivisions of the State of Georgia 
should encourage, by appropriate means, enhanced economic and 
industrial development in the area consistent with the goals of 
the Augusta Canal Master Plan. 
SEC. 306. GRANTS AND TECHNICAL ASSISTANCE. 
The Secretary may provide grants and technical assistance 
for the purposes of this title. 
SEC. 307. ACQUISITION OF REAL PROPERTY. 
The Augusta Canal Authority may not use any Federal funds 
that it may receive pursuant to this title to acquire real property 
or an interest in real property. 
SEC. 308. OCCUPATIONAL, 
SAFETY, 
CONSERVATION, 
AND 
ENVIRONMENTAL REGULATION. 
Nothing in this title shall be construed to— 
(1) impose any occupational, safety, conservation, or 
environmental regulation on the Heritage Area that is more 
stringent than the regulations that would be applicable to 
the Heritage Area but for the designation of the Heritage 
Area under section 303; or 
110 STAT. 4252 
PUBLIC LAW 104-333—NOV. 12, 1996 
(2) authorize any Federal agency to promulgate 
an 
occupational, safety, conservation, or environmental regulation 
for tne Heritage ^ e a that is more stringent than the regula-
tions applicable to the Heritage Area in existence on the date 
of enactment of this title, solely as a result of the designation 
of the Heritage Area under section 303. 
SEC. 309. LAND USE REGULATION. 
Nothing in this title shall be construed to— 
(1) modify, enlarge, or diminish any authority of Federal, 
State, and local governments to regulate any use of land as 
provided for by law or regulation; or 
(2) grant powers of zoning or land use to the Augusta 
Canal Authority. 
SEC. 310. SUNSET. 
The Secretary may not make any grant or provide any 
assistance under this title after September 30, 2012. 
SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more thein $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Heritage 
Area under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title, after the designation of the Heritage Area, may not exceed 
50 percent of the total cost of any assistance or grant provided 
or authorized under this title. 
s
t
e
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s
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t
y 
TITLE IV—STEEL INDUSTRY HERITAGE 
Heritage Area 
PROelECT 
Act of 1996. 
r i S ' 4 ^ n o t e . 
SEC.401.SHORT'ITrLE. 
This title may be cited as the "Steel Industry American 
Heritage Area Act of 1996". 
SEC. 402. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) the industrial and cultural heritage of southwestern 
Pennsylvania, including the city of Pittsburgh, and the counties 
of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, 
and Westmoreland, related directly to steel and steel-related 
industries, is nationally significant; 
(2) these industries include steelmaking, ironmaking, 
aluminum, specialty metals, glass, coal mining, coke production, 
machining and foundries, transportation, and electrical indus-
tries; 
(3) the industrial and cultural heritage of the steel and 
related industries in this region includes the social history 
and living cultural traditions of the people of the region; 
(4) the labor movement of the region played a significant 
role in the development of the Nation, including the formation 
of many key unions such as the Congress of Industrial 
Organizations (CIO) and the United Steel Workers of America 
(USWA), and crucial struggles to improve wages and working 
conditions, such as the Rail Strike of 1877, the Homestead 
Strike of 1892, and the Great Steel Strike of 1919; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4253 
(5) the Department of the Interior is responsible for 
protecting the Nation's cultural and historic resources, and 
there are significant examples of these resources within this 
seven-county region to merit the involvement of the Federal 
Government to develop programs and projects, in cooperation 
with the Steel Industry Heritage Corporation, the Common-
wealth of Pennsylvania, and other local and governmental 
bodies, to adequately conserve, protect, and interpret this herit-
age for future generations, while providing opportunities for 
education and revitalization; and 
(6) the Steel Industry Heritage Corporation would be an 
appropriate management entity for a Heritage Area established 
in the region. 
(b) STATEMENT OF PURPOSE.—^The objectives of the Steel 
Industry American Heritage Area are— 
(1) to foster a close working relationship with all levels 
of government, the private sector, and the local communities 
in the steel industry region of southwestern Pennsylvania and 
empower the communities to conserve their heritage while 
continuing to pursue economic opportunities; and 
(2) to conserve, interpret, and develop the historical, 
cultural, natural, and recreational resources related to the 
industrial and cultural heritage of the seven-county region of 
southwestern Pennsylvania. 
SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA. 
(a) ESTABLISHMENT.—^There is hereby established the Steel 
Industry American Heritage Area (in this title referred to as the 
"Heritage Area"). 
(b) BOUNDARIES.—^The Heritage Area shall be comprised of 
the counties of Allegheny, Armstrong, Beaver, Fayette, Greene, 
Washington, £ind Westmoreland in Pennsylvania. 
(c) MANAGEMENT ENTITY.—^The management entity for the 
Heritage Area shall be the Steel Industry Heritage Corporation. 
SEC. 404. COMPACT. 
(a) IN GENERAL.—^To carry out the purposes of this title, the 
Secretary of the Interior (in this title referred to as the "Secretary") 
shall enter into a compact with the management entity. The 
compact shall include information relating to the objectives and 
management of the area, including the following: 
(1) A delineation of the boundaries of the proposed Heritage 
Area. 
(2) A discussion of the goals and objectives of the proposed 
Heritage Area, including an explanation of the proposed 
approach to conservation £ind interpretation and a general out-
line of the protection measures committed to by the partners 
referred to in paragraph (4). 
(3) An identification and description of the management 
entity that will administer the proposed Heritage Area. 
(4) A list of the initial partners to be involved in developing 
£ind implementing the management plan for the proposed 
Heritage Area, and a statement of the financial commitment 
of the partners. 
(5) A description of the role of the Commonwegdth of 
Pennsylvania. 
(b) ADDITIONAL REQUIREMENTS.—^The compact shall be pre-
pared with public participation. Actions called for in the compact 
110 STAT. 4254 
PUBLIC LAW 104-333—NOV. 12, 1996 
shall be likely to be initiated within a reasonable time after 
designation of the proposed Heritage Area and shall ensure effective 
implementation of the State and local aspects of the compact. 
SEC. 405. MANAGEMENT PLAN. 
The management entity shall develop a management plan for 
the Heritage Area that presents comprehensive recommendations 
for the Heritage Area's conservation, funding, management and 
development. Such plan shall take into consideration existing State, 
county, and local plans and involve residents, public agencies, and 
private organizations working in the Heritage Area. It shall include 
actions to be undertaken by units of government and private 
organizations to protect the resources of the Heritage Area. It 
shall specify the existing and potential sources of funding to protect, 
manage, and develop the Heritage Area. Such plan shall include, 
as appropriate, the following: 
(1) An inventory of the resources contained in the Heritage 
Area, including a list of any property in the Heritage Area 
that is related to the themes of the Heritage Area and that 
should be preserved, restored, managed, developed, or main-
tained because of its natural, cultural, historic, recreational, 
or scenic significance. 
(2) A recommendation of policies for resource management 
which considers and details application of appropriate land 
and water management techniques, including but not limited 
to, the development of intergovernmental cooperative agree-
ments to protect the Heritage Area's historical, cultural, 
recreational, and natural resources in a manner consistent 
with supporting appropriate and compatible economic viability. 
(3) A program for implementation of the management plan 
by the management entity, including plans for restoration and 
construction, and specific commitments of the identified part-
ners for the first 5 years of operation. 
(4) An analysis of ways in which local. State, and Federal 
programs may best be coordinated to promote the purposes 
of the title. 
(5) An interpretation plan for the Heritage Area. 
SEC. 
4
0
6
. 
AUTHORTTIES 
AND 
DUTIES 
OF 
MANAGEMENT 
ENTITY. 
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—^The manage-
ment entity may, for purposes of prepeiring and implementing the 
management plan under section 405, use Federal funds made avail-
able through this title— 
(1) to make loans and grants to, and enter into cooperative 
agreements with, States and their political subdivisions, private 
organizations, or any person; and 
(2) to hire and compensate staff. 
(b) DUTIES OF THE MANAGEMENT ENTITY.—^The management 
entity shall— 
(1) develop and submit to the Secretary for approval a 
management plan as described in section 405 within 3 years 
afler the date of the enactment of this title; 
(2) give priority to implementing actions set forth in the 
compact and the management plan, including taking steps to— 
(A) assist units of government, regional planning 
organizations, and nonprofit organizations in preserving 
the Heritage Area; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4255 
(B) assist units of government, regional plEinning 
organizations, and nonprofit organizations in establishing 
and maintaining interpretive exhibits in the Heritage Area; 
(C) assist units of government, regional planning 
organizations, and nonprofit organizations in developing 
recreational resources in the Heritage Area; 
(D) assist units of government, regional planning 
organizations, and nonprofit organizations in increasing 
public awareness of and appreciation for the natural, 
historicsd and architectural resources £ind sites in the 
Heritage Area; 
(E) assist units of government, regional planning 
organizations and nonprofit orgEinizations in the restoration 
of any historic building relating to the themes of the 
Heritage Area; 
(F) encourage by appropriate means economic viability 
in the Heritage Area consistent with the goals of the plan; 
(G) encourage local governments to adopt land use 
policies consistent with the management of the Heritage 
Area and the goals of the plan; and 
(H) assist units of government, regional planning 
organizations and nonprofit organizations to ensure that 
clear, consistent, £ind environmentally appropriate signs 
identifying access points and sites of interest are put in 
place throughout the Heritage Area; 
(3) consider the interests of diverse governmental, business, 
and nonprofit groups within the Heritage Area; 
(4) conduct public meetings at least quarterly regarding Public 
the implementation of the management plan; 
information. 
(5) submit substantisd changes (including any increase of 
more than 20 percent in the cost estimates for implementation) 
to the management plan to the Secretary for the Secretar^s 
approval; 
(6) for any year in which Federal funds have been received Reports, 
under this title, submit an annual report to the Secretary 
setting forth its accomplishments, its expenses and income, 
and the entity to which any loans and grants were made 
during the year for which the report is made; and 
(7) for any year in which Federal funds have been received Records, 
under this title, make available for audit all records pertaining 
to the expenditure of such funds and any matching funds, 
and require, for all agreements authorizing expenditure of 
Federal funds by other organizations, that the receiving 
organizations make available for audit all records pertaining 
to the expenditure of such funds. 
If a management plan is not submitted to the Secretary as required 
under paragraph (1) within the specified time, the Heritage Area 
shall no longer qualify for Federal funding. 
(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 
The management entity may not use Federal funds received under 
this title to acquire real property or an interest in real property. 
Nothing in this title shall preclude £iny management entity from 
using Federal funds from other sources for their permitted purposes. 
SEC. 
407. 
DUTIES 
AND 
AUTHORmES 
OF 
FEDERAL 
AGENCIES. 
(a) TECHNICAL AND FINANCL\L ASSISTANCE.— 
110 STAT. 4256 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) IN GENERAL.—^The Secretary may, upon request of the 
management entity, provide technical and financial assistance 
to the Heritage Area to develop and implement the management 
plan. In assisting the Heritage Area, the Secretary shall give 
priority to actions that in general assist in— 
(A) conserving the significant natural, historic, and 
cultural resources which support its themes; and 
(B) 
providing 
educational, 
interpretive, 
and 
recreational opportunities consistent with its resources and 
associated values. 
(2) SPENDING FOR NON-FEDERALLY OWNED PROPERTY.—The 
Secretary may spend Federal funds directly on non-federally 
owned property to further the purposes of this title, especially 
in assisting units of government in appropriate treatment of 
districts, sites, buildings, structures, and objects listed or 
eligible for listing on the National Register of Historic Places. 
The Historic American Building Survey/Historic American 
Engineering Record shall conduct those studies necessary to 
document the industrial, engineering, building, and architec-
tural history of the region. 
(b) APPROVAL AND DISAPPROVAL OF COMPACTS AND MANAGE-
MENT PLANS.— 
(1) IN GENERAL.—^The Secretary, in consultation with the 
Governor of Pennsylvania shall approve or disapprove a 
compact or management plan submitted under this title not 
later than 90 days after receiving such compact or management 
plan. 
(2) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a submitted compact or management plan, the 
Secretary shall advise the management entity in writing of 
the reasons therefor and shsdl make recommendations for revi-
sions in the compact or plan. The Secretary shall approve 
or disapprove a proposed revision within 90 days after the 
date it is submitted. 
(c) APPROVING 
AMENDMENTS.—^The Secretary shall review 
substantial amendments to the management plan for the Heritage 
Area. Funds appropriated pursuant to this title may not be 
expended to implement the changes made by such amendments 
until the Secretary approves the amendments. 
SEC. 408. SUNSET. 
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012. 
SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Heritage 
Area under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title, after the designation of this Heritage Area, may not exceed 
50 percent of the total cost of any assistance or grant provided 
or authorized under this title. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4257 
TITLE V—ESSEX NATIONAL HERITAGE 
AREA 
SEC. 501. FINDINGS AND PURPOSE. 
(a) FiNDlNGS.^The Congress finds that— 
(1) Essex County, Massachusetts, was host to a series 
of historic events that influenced the course of the early settle-
ment of the United States; its emergence as a maritime power; 
and its subsequent industrial development; 
(2) the North Shore of Essex County and the Merrimack 
River valley in Essex County contain examples of significant 
early American architecture and significant Federal-period 
architecture, many sites and buildings associated witn the 
establishment of tne maritime trade in the United States, the 
site of the witchcraft trials of 1692, the birthplace of successful 
iron manufacture, and the establishment of the textile and 
leather industries in and around the cities of Peabody, Beverly, 
L3nin, Lawrence, and Haverhill; 
(3) Salem, Massachusetts, has a rich heritage as one of 
the earliest landing sites of the English colonists, the first 
major world harbor for the United States, and an early thriving 
hub of American industries; 
(4) the Saugus Iron Works National Historic Site is the 
site of the first sustained, integrated iron works in Colonial 
America, and the technology employed at the Iron Works was 
dispersed throughout the Colonies and was critical to the devel-
opment of industry and technology in America; 
(5) the Salem Maritime National Historic Site contains 
nationally significant resources that explain the manner in 
which the Nation was settled, its evolution into a maritime 
power, and its development as a major industrial force; 
(6) the story told at the Salem Maritime and Saugus Iron 
Works National Historic Sites would be greatly enhanced 
through 
the 
interpretation 
of 
significant 
theme-related 
resources in Salem and Saugus and throughout Essex County; 
(7) partnerships between the private and public sectors 
have been created and additional partnerships will be encour-
aged to preserve the rich cultural heritage of the region, which 
will stimulate cultural awareness, preservation, and economic 
development through tourism; 
(8) a visitors' center that has already been constructed 
at the Salem Maritime National Historic Site in Salem, 
Massachusetts, will be available to interpret the themes of 
the Essex National Heritage Area established by this title 
and to coordinate the interpretive and preservation activities 
of the Area; and 
(9) the resident and business communities of the region 
have formed the Essex Heritage Ad Hoc Commission for the 
preservation, interpretation, promotion, and development of the 
nistoric, cultural, and natural resources of the region and are 
investing significant private funds and energy to develop a 
plan to preserve the nationally significant resources of Essex 
County. 
(b) PURPOSE.—It is the purpose of this title— 
(1) to establish the Essex National Heritage Area to recog-
nize, preserve, promote, interpret, and make available for the 
Massachusetts. 
16 use 461 note. 
110 STAT. 4258 
PUBLIC LAW 104-333—NOV. 12, 1996 
benefit of the public the historic, cultural, and natural resources 
of the North Shore and lower Merrimack River valley in Essex 
County, Massachusetts, which encompass the three primary 
themes of the Sedem Maritime National Historic Site and 
Saugus Iron Works National Historic Site (the histories of 
early settlement, maritime trade, and the textile and leather 
industries); 
(2) to implement the appropriate alternative as described 
in the document entitled 'The Salem Project: A Study of Alter-
natives", dated January 1990, within the boundaries of Essex 
County; and 
(3) to provide a management framework to assist the 
Commonwealth of Massachusetts and its units of local 
government in the development and implementation of an 
integrated cultural, historical, and land resource management 
program in order to retain, enhance, and interpret the signifi-
cant values of the lands, waters, and structures located in 
the Essex National Heritage Area. 
SEC. 502. DEFINITIONS. 
For purposes of this title: 
(1) The terms "Area" and "National Heritage Area" mean 
the Essex National Heritage Area established by section 503. 
(2) The term "Secretary" means the Secretary of the 
Interior. 
SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA. 
(a) DESIGNATION.—For the purpose of preserving and interpret-
ing, for the educational and inspirational benefit of present and 
future generations, the unique and significant contributions to our 
national heritage of certain historic and cultural lands, natural 
waterways, and structures within the County of Essex in the 
Commonwealth of Massachusetts, there is hereby established the 
Essex National Heritage Area. 
(b) BOUNDARIES.—^The Area shall comprise the lands generally 
depicted on the map numbered NAR-51-80,000 and dated August 
1994. The map shall be on file and available for public inspection 
in the office of the Director of the National Park Service. 
(c) ADMINISTRATION,—^The Area shall be administered in accord-
ance with the provisions of this title. 
SEC. 504. MANAGEMENT ENTITY. 
(a) IN GENERAL.—^The management entity for the National 
Heritage Area shall be an entity which is selected by the Essex 
Heritage Ad Hoc Commission or its designee, reflects a broad cross-
section of interests within the Area, and includes— 
(1) at least 1 representative of one or more units of govern-
ment in each State in which the National Heritage Area is 
located; and 
(2) private property owners who reside within the National 
Heritage Area. 
(b) DUTIES.—^The management entity for the Area shall fulfill 
each of the following requirements: 
(1) HERITAGE PLAN.—^Not later than 3 years afl;er the date 
of the designation of the Area as a National Heritage Area, 
the management entity shall develop and forward to the 
Secretary, and to the Governor of Massachusetts, a heritage 
plan for the Area. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4259 
(2) PRIORITIES.—^The mEinagement entity shall give priority 
to the implementation of action, goals, and policies set forth 
in the compact and heritage plan for the Area, including assist-
ing units of government and others in— 
(A) carrying out programs which recognize import£int 
resource values within the Area; 
(B) encouraging economic viability in the affected 
communities; 
(C) establishing and maintaining interpretive exhibits 
in the Area; 
(D) developing recreational and educational opportuni-
ties in the Area; 
(E) increasing public awareness of and appreciation 
for the natural, historical, and cultural resources of the 
Area; 
(F) restoring historic buildings that are located within 
the boundaries of the Area and relate to the theme of 
the Area; and 
(G) ensuring that clear, consistent, and appropriate 
signs identifjdng public access points and sites of interest 
are put in place throughout the Area. 
(3) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—^The 
management entity shall, in developing and implementing the 
heritage plan for the Area, consider the interests of diverse 
units of government, businesses, private property owners, and 
nonprofit groups within the geographic area. 
(4) 
PUBLIC 
MEETINGS.—^The management entity shall Notice. 
conduct public meetings at least annually regarding the 
implementation of the heritage plan for the Area. The manage-
ment entity shall place a notice of each such meeting in a 
newspaper of general circulation in the Area and shall make 
the minutes of the meeting available to the public. 
SEC. 505. DUTIES OF THE SECRETARY. 
(a) IN GENERAL.—^To carry out the purpose of this title, the 
Secretary shall assist the management entity in preparing such 
studies and plans as the Secretary considers appropriate and in 
implementing the recommendations contained in a study report 
prepared by the management entity. The Secretary is authorized 
to enter into agreements with the Commission or with any owner 
of property with national historic or cultural significance within 
the Area for the purpose of facilitating public use and enjojmtient 
of such resources or to otherwise further the objectives of the 
m£inagement entity. Any such agreement shall provide whenever 
appropriate that— 
(1) the public may have access to such resources at speci-
fied, reasonable times for the purpose of viewing the property 
or exhibits or attending programs or other activities, as may 
be appropriate; 
(2) the Secretary may make improvements to such 
resources as the management entity or the Secretary deem 
necessary to enhance the public use and enjoyment of the 
resources, or to render such property usable by the Secretary, 
the management entity, or any person for the purpose of this 
title; and 
110 STAT. 4260 
PUBLIC LAW 104-333—NOV. 12, 1996 
South Carolina 
National 
Heritage 
Corridor Act of 
1996 
16 u s e 461 note. 
(3) the 
Secretary may 
occupy, utilize, and 
acquire 
easements or leasehold interests in resources as required to 
implement the programs and purpose of this title, 
(b) TECHNICAL ASSISTANCE AND GRANTS.—The Secretary may 
provide, upon request, technical assistance and grants to the 
management entity to assist the management entity in the perform-
ance of its powers and functions as authorized under this title. 
The Secretary may provide to any owner of property within the 
Area, to the Commonwealth of Massachusetts, to the City of Salem 
and other participating municipalities, to any other Federal or 
State entity, to any institution, or to any person such technical 
assistance and grants as the Secretary considers appropriate to 
carry out the purpose of this title. 
SEC. 506. PRIVATE PROPERTY. 
No privately owned property shall be included within the 
boundaries of the Area unless the government of the county, city, 
or town in which the property is located agrees to be so included 
and submits notification of such agreement to the Secretary. 
SEC. 507. SUNSET. 
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012. 
SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Area 
under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title, after the designation of the Area, may not exceed 50 percent 
of the total cost of any assistance or grant provided or authorized 
under this title. 
TITLE VI—SOUTH CAROLINA NATIONAL 
HERITAGE CORRIDOR 
SEC. 601. SHORT TITLE. 
This title may be cited as the "South C£u*olina National Heritage 
Corridor Act of 1996". 
SEC. 602. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) the South Csirolina National Heritage Corridor, more 
than 250 miles in length, possesses a wide diversity of signifi-
cant rare plants, animals, and ecosystems, agricultural Eind 
timber lands, shell-fish harvesting areas, historic sites and 
structures, and cultural and multicultural landscapes related 
to the past and current commerce, transportation, maritime, 
textile, agricultural, mining, cattle, pottery, and nationsd 
defense industries of the region, which provide significant 
ecological, natural, tourism, recreational, timber management, 
educational, and economic benefits; 
(2) there is a national interest in protecting, conserving, 
restoring, promoting, and interpreting the benefits of the 
Corridor for the residents of, and visitors to, the Corridor 
area; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4261 
(3) a primary responsibility for conserving, preserving, 
protecting, and promoting the benefits resides with the State 
of South CaroUna and the units of local government having 
jurisdiction over the Corridor area; and 
(4) in view of the longsteinding Federal practice of assisting 
States in creating, protecting, conserving, preserving, and inter-
preting areas of significant natural and cultural importance, 
and in view of the national significance of the Corridor, the 
Federal Government has an interest in assisting the State 
of South Carolina, the units of local government of the State, 
and the private sector in fulfilling the responsibilities described 
in paragraph (3). 
(b) PURPOSES.—^The purposes of this title are— 
(1) to protect, preserve, conserve, restore, promote, and 
interpret the significant land and water resource values and 
functions of the Corridor; 
(2) to encourage and support, through financial and tech-
nical assistance, the State of South Carolina, the units of local 
government of the State, and the private sector in the develop-
ment of a heritage plan for the Corridor to ensure coordinated 
public and private action in the Corridor area in a manner 
consistent with subsection (a); 
(3) to provide, during the development of an integrated 
heritage plan. Federal financial and technical assistance for 
the protection, preservation, and conservation of land and water 
areas in the Corridor that are in danger of being adversely 
affected or destroyed; 
(4) to encourage and assist the State of South Carolina 
and the units of local government of the State to identify 
the full range of public and private technical and financial 
assistance programs and services available to implement the 
heritage plan; 
(5) to encourage adequate coordination of all government 
programs affecting the land and water resources of the Corridor; 
and 
(6) to develop a management framework with the State 
of South Carolina and the units of local government of the 
State for— 
(A) planning and implementing the heritage plan; and 
(B) developing policies and programs that will preserve, 
conserve, protect, restore, enhance, and interpret the 
cultural, historical, natural, economic, recreational, and 
scenic resources of the Corridor. 
SEC. 603. DEFINITIONS. 
For purposes of this title— 
(1) CORRIDOR.—The term "Corridor" means the South 
Carolina National Heritage Corridor established by section 604. 
(2) GOVERNOR.—^The term "Governor" means the Grovernor 
of the State of South Carolina. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR. 
(a) ESTABLISHMENT.—^There is established in the State of South 
Carolina the South Carolina National Heritage Corridor. 
(b) BOUNDARIES.— 
110 STAT. 4262 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) IN GENERAL.—^The boundaries of the Corridor are 
generally the boundaries of the western counties of the State 
of South Carolina, extending from the western Piedmont along 
the Savannah Valley to Augusta, Georgia, along the route 
of the old Southern Railroad, along the Ashley River to 
Charleston. 
(2) INCLUDED COUNTiES.^The Corridor shall consist of the 
following counties of South Carolina, in part or in whole, as 
the heritage plan may specify on the recommendations of the 
units of local government with the Corridor area: 
(A) Oconee. 
(B) Pickens. 
(C) Anderson. 
(D) Abbeville. 
(E) Greenwood. 
(F) McCormick. 
(G) Edgefield. 
(H) Aiken. 
(I) Barnwell. 
(J) Orangeburg. 
(K) Bamberg. 
(L) Dorchester. 
(M) Colleton. 
(N) Charleston. 
(3) DETAIL.—^The boundaries shall be specified in detail 
in the heritage plan. 
SEC. 605. MANAGEMENT ENTITY. 
(a) IN GENERAL.—^The management entity for the National 
Heritage Corridor shall be an entity selected by the Governor of 
the State of South Carolina which reflects a broad cross-section 
of interests within the Corridor and which includes— 
(1) at least 1 representative of one or more units of govern-
ment in South Carolina; and 
(2) private property owners who reside within the National 
Heritage Corridor. 
(b) DUTIES.—^The management entity for the National Heritage 
Corridor shall fulfill each of the following requirements: 
(1) HERITAGE PLAN.—^Not later than 3 years after the date 
of the designation of the area as a National Heritage Corridor, 
the management entity shall develop and forward to the 
Secretary, and to the Governor of South Csirolina, a heritage 
plan. 
(2) PRIORITIES.—^The management entity shall give priority 
to the implementation of actions, goals, and policies set forth 
in the compact and heritage plan for the Corridor, including 
assisting units of government and others in— 
(A) carrying out programs which recognize important 
resource values within the National Heritage Corridor; 
(B) encouraging economic viability in the affected 
communities; 
(C) establishing and maintaining interpretive exhibits 
in the Corridor; 
(D) developing recreational and educational opportuni-
ties in the Corridor; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4263 
(E) increasing public awareness of and appreciation 
for the natural, historical, and cultural resources of the 
Corridor; 
(F) restoring historic buildings that are located within 
the boundaries of the Corridor and relate to the theme 
of the Corridor; and 
(G) ensuring that clear, consistent, and appropriate 
signs identifying public access points and sites of interest 
are put in place throughout the Corridor. 
(3) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—^The 
management entity shsdl, in developing and implementing the 
heritage plan for the Corridor, consider the interest of diverse 
units of government, businesses, private property owners, and 
nonprofit groups within the geographic area. 
(4) 
PUBLIC MEETINGS.—The management entity shall 
conduct public meetings at least annually regarding the 
implementation of the heritage plan for the Corridor. The Notice, 
management entity shall place a notice of each such meeting 
in a newspaper of general circulation in the Corridor and shall 
make the minutes of the meeting available to the public. 
SEC. 606. DUTIES OF THE SECRETARY. 
(a) ASSISTANCE.—On request of the management entity, and 
subject to the availability of funds appropriated specifically for 
the purpose, or made available on a reimbursable basis, the 
Secretary shall provide administrative, technical, flngincial, develop-
ment, and operations assistance for the purposes of this title. The 
assistance may include— 
(1) general administrative support in planning, finance, 
personnel, procurement, property management, environmental 
and historical compliance, and land acquisition; 
(2) personnel; 
(3) office space and equipment; 
(4) planning and design services for visitor use facilities, 
trails, interpretive exhibits, publications, signs, and natural 
resource management; 
(5) development £ind construction assistance, including 
visitor use facilities, trails, river use and access facilities, scenic 
b5rways, signs, waysides, and rehabilitation of historic struc-
tures; and 
(6) operations functions, including interpretation 
and 
visitor services, maintenance, and natural resource manage-
ment services conducted within the boundaries of the Corridor. 
(b) LOANS, GRANTS, AND COOPERATIVE AGREEMENTS.—^For the 
purposes of assisting in the development and implementation of 
the heritage plan, the Secretary may, in consultation with the 
management entity, make loans and grants to, and enter into 
cooperative agreements with, the State of South Carolina (or a 
political subdivision of the State), private nonprofit organizations, 
corporations, or other persons. 
(c) APPROVAL OF HERITAGE PLAN.— 
(1) IN GENERAL.—Not later thgin 180 days after receipt 
of the plan submitted under section 605(b), the Secretary shall 
approve or disapprove the plan. 
(2) CRITERIA.—In determining whether to approve a plan 
under this title, the Secretary shall consider— 
110 STAT. 4264 
PUBLIC LAW 104-333—NOV. 12, 1996 
(A) whether the plan has strong local support from 
a diversity of landowners, business interests, nonprofit 
organizations, and governments within the area; 
(B) whether the plan is consistent with and com-
plements continued economic activity in the area; 
(C) whether the plan has a high potential for effective 
partnership mechanisms; 
(D) whether the plan improperly infringes on private 
property rights; and 
(E) whether the plan will take appropriate action to 
ensure private property rights are observed. 
(3) DISAPPROVAL.— 
(A) IN GENERAL.—If the Secretary disapproves the 
proposed heritage plan, the Secretary shall notify the 
management entity. 
(B) CONTENTS.—A notification under subparagraph (A) 
shall include— 
(i) the reasons for the disapproval; and 
(ii) recommendations for revision. 
(C) REVISED PLAN.—^The management entity shall 
revise and resubmit the heritage plan to the Secretary 
for approval. Not later than 180 days after receipt of the 
revised plan, the Secretary shall approve or disapprove 
the plan as provided in paragraph (2). The management 
entity shall revise and submit the heritage plan until the 
heritage plan is approved by the Secretary. 
SEC. 607. SUNSET. 
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012. 
SEC. 608. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Corridor 
under this title. 
(b) 50 PERCENT MATCH.—^Federal funding provided under this 
title, after the designation of this Corridor, may not exceed 50 
percent of the toted cost of any assistance or grant provided or 
authorized under this title. 
Iowa. 
16 use 461 note. 
TITLE VII—AMERICA'S AGRICULTURAL 
HERITAGE PARTNERSHIP 
SEC. 701. FINDINGS AND PURPOSES. 
(a) The Congress finds that— 
(1) the city of Waterloo, Iowa, and northeast Iowa posses 
many important elements of the nationally significant story 
of American agriculture, including Native American agriculture, 
agricultural mechanization, seed hybridization, farm coopera-
tive movements, rural electrification, farm-to-market systems, 
rural to urban migration, veterinary practice, food processing 
and preservation, national farm organizations, international 
hunger relief, and the development of national and inter-
national agribusiness; 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4265 
(2) 
these 
resources 
offer 
outstanding 
and 
unique 
opportunities to acknowledge and appreciate the development 
of American agriculture; 
(3) the National Park Service has determined that the 
story of American agriculture is nationally significant, that 
northeast Iowa is an ideal place to tell that story, and that 
this story could be divided into 4 principal topics for interpreta-
tion in northeast Iowa: the Amazing Science of Agriculture, 
Agriculture as a Way of Life, Organizing for Survived, and 
Crops from Field to Table; 
(4) the responsibility for interpreting, retaining, enhancing, 
and promoting the resources, values, and amenities of Waterloo, 
Iowa, and northeast Iowa resides with volunteer associations, 
private businesses, political subdivisions of the State, and the 
State of Iowa; and 
(5) despite the efforts by volunteer associations, private 
businesses, political subdivisions of the. State, and the State 
of Iowa, the cultural smd historical resources of the area have 
not realized full potential and may be lost without some 
assistance from the Federal Government. 
(b) PURPOSES.—^The purposes of this title are— 
(1) to interpret, retsdn, enhance, and promote the unique 
and significant contributions to national and international agri-
culture of certain natural, historic, and cultural resources 
within Waterloo, Iowa, and northeast Iowa; 
(2) to provide a partnership management framework to 
assist volunteer associations, private businesses, political sub-
divisions of the State, and the State of Iowa in developing 
and implementing Management Plan policies and programs 
that will assist in the interpretation, retention, enhancement, 
and promotion of the cultural, natural, and recreationsd 
resources of northeast Iowa; 
(3) to allow for local. State, and Federal contributions 
through limited grants and technical assistsince to create 
America's Agricultural Heritage Partnership through coopera-
tive 
agreements 
among 
volunteer 
associations, 
private 
businesses, political subdivisions of the State, the State of 
Iowa, and residents of the area; and 
(4) 
to 
provide 
for 
an 
economically 
self-sustaining 
Partnership for the educational and inspirational benefit of 
cvrrent and future 
generations concerning the story of 
American agriculture. 
SEC. 702. DEFINITIONS. 
As used in this title: 
(1) PARTNERSHiP.^The term "Partnership" means the 
America's Agricultural Heritage Partnership as established by 
section 703(a). 
(2) MANAGEMENT ENTiTY.^The term "management entity" 
means the management entity as established by section 704(a). 
(3) POLITICAL SUBDIVISION.—^The term "poUtical subdivi-
sion" means a political subdivision of the State of Iowa, any 
part of which is located in or adjacent to the area in which 
the Partnership's activities occur, including a county, city, or 
town. 
(4) STATE.—The term "State" means the State of Iowa. 
110 STAT. 4266 
PUBLIC LAW 104-333—NOV. 12, 1996 
(5) SECRETARY.—^The term "Secretary means the Secretary 
of Agriculture. 
(6) PARTNERSHIP MANAGEMENT PLAN.—The term "Partner-
ship Management Plan" means the plan approved pursuant 
to section 705(a). 
(7) ACTIVITIES.—^The term "activities" means the activities 
referred to in section 703(b). 
SEC. 703. ESTABUSHMENT OF THE AMERICA'S 
AGRICULTURAL 
HERITAGE PARTNERSHIP. 
(a) ESTABLISHMENT.—^To carry out this title, there is established 
in the State of Iowa the "America's Agricultural Heritage Partner-
ship" (in this title referred to as the "Partnership"), upon publication 
by the Secretary in the Federal Register of notice that a Partnership 
Management Plan has been approved by the Secretary under this 
title. 
(b) ACTIVITIES.—^The Partnership's activities shall be limited 
to the counties of northeast Iowa that are generally depicted in 
"Alternatives #2 and #3" described in the 1995 National Park 
Service "Special Resource Study, Cedar Valley, Iowa.". 
(c) PARTICIPATION.—^Nothing in this title shall require any 
resident located in the area in which the Partnership's activities 
occur to participate in or be associated with the Partnership or 
the Partnership's activities. 
(d) AFFILIATIONS.—^Nothing in this title shall prohibit future 
affiliations or designations of the Partnership or Partnership 
Management Entity. 
(e) 
GRAINS, 
TECHNICAL 
ASSISTANCE, 
AND COOPERATIVE 
AGREEMENTS.— 
(1) GRANTS AND TECHNICAL ASSISTANCE.—^The Secretary 
may make grants and provide technical assistance to America's 
Agriculture Heritage Partnership to assist it in carrying out 
its purposes. 
(2) COOPERATIVE AGREEMENTS.—^The Secretary is author-
ized to enter into cooperative agreements with private entities, 
the State of Iowa, any political subdivision thereof, and other 
Federal entities, to further the purposes of this title, the 
Partnership, or the Partnership Management Entity. 
SEC. 704. ESTABLISHMENT 
OF THE AMERICA'S 
AGRICULTURAL 
HERITAGE PARTNERSHIP MANAGEMENT ENTITY. 
(a) ESTABLISHMENT.—^There is established a management entity 
for the Partnership based on the "Management Option #5" outlined 
in the 1995 National Park Service "Special Resource Study, Cedar 
Valley, Iowa" and subject to the approval of the Secretary. 
(b) 
PARTNERSHIP 
MANAGEMENT 
PLAN.—^The 
Partnership 
management entity shall be established in accordance with the 
Partnership Meinagement Plan referred to in section 705(a). 
(c) COMPOSITION.—^The members of the management entity may 
include persons affiliated with the following entities: the American 
Association of Museums, American Farm Bureau, American Farm-
land Trust, Effigy Mounds National Monument and Herbert Hoover 
National Historic Site, Iowa Department of Agriculture and Land 
Stewardship, Iowa Department of Corrections, Iowa Department 
of Cultural Affairs, Iowa Department of Economic Development, 
National Trust for Historic Preservation, the Smithsonian Institu-
tion, the State Historic Preservation Office of the State of Iowa, 
the United States Department of Agriculture, the United States 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4267 
Department of Transportation, and the America's Agricultursil/ 
Industrial Heritage Landscape, Inc. 
SEC. 705. PARTNERSHIP MANAGEMENT PLAN. 
(a) 
PREPARATION OF PARTNERSHIP MANAGEMENT 
PLAN.—A 
Partnership Management Plan shall be submitted to the Secretary 
for approval no later than three years after the date of the enact-
ment of this title. 
(b) ASSISTANCE.—^The Secretary may provide technical assist-
ance in the preparation of the Partnership Management Plan. 
SEC. 7
0
6
. LAND USE REGULATION AND PRIVATE PROPERTY 
PROTECTION. 
(a) REGULATION.—^Nothing in this title shall be construed to 
modify, enlarge, or diminish any authority of Federal, State, and 
local governments to regulate any use of privately owned land 
provided by law or regulation. 
(b) LAND USE.—^Nothing in this title shall be construed to 
grant the powers of zoning, land use, or condemnation to the 
Partnership Management Entity, the Secretary or any other 
Federal, State, or local government entity. 
SEC. 707. SUNSET. 
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012. 
SEC. 708. AUTHORIZATION OF APPROPRLATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the Partnership 
under this title. 
(b) 50 PERCENT MATCH.—Federal funding provided under this 
title, after the designation of this Partnership, may not exceed 
50 percent of the total cost of any assistance or grant provided 
or authorized under this title. 
TITLE VIII—OHIO & ERIE CANAL 
NATIONAL HERITAGE CORRIDOR 
Ohio & Erie 
Canal National 
Heritage 
Corridor Act of 
1996. 
SEC. 801. SHORT TITLE. 
16 USC 461 note. 
This title may be cited as the "Ohio & Erie Canal National 
Heritage Corridor Act of 1996". 
SEC. 802. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Ohio & Erie Canal, which opened for commercial 
navigation in 1832, was the first inland waterway to connect 
the Great Lakes at Lake Erie with the Gulf of Mexico via 
the Ohio and Mississippi Rivers and a part of a canal network 
in Ohio that was one of America's most extensive and successful 
systems during a period in history when canals were essential 
to the Nation's growth. 
(2) The Ohio & Erie Canal spurred economic growth in 
the State of Ohio that took the State from near bankruptcy 
to the third most economically prosperous State in the Union 
in just 20 years. 
110 STAT. 4268 
PUBLIC LAW 104-333—NOV. 12, 1996 
(3) A 4-mile section of the Ohio & Erie CEinal was 
designated a National Historic Landmark in 1966 and other 
portions of the Ohio & Erie Canal and many associated struc-
tures were placed on the National Register of Historic Places. 
(4) In 1974, 19 miles of the Ohio & Erie Canal were 
declared nationally significant under National Park Service 
new area criteria with the designation of Cuyahoga Valley 
National Recreation Area. 
(5) The National Park Service found the Ohio & Erie Canal 
nationally significant in a 1975 study entitled "Suitability/Fea-
sibility Study, Proposed Ohio & Erie Canal". 
(6) A 1993 Special Resources Study of the Ohio & Erie 
Canal Corridor conducted by the NationsJ Park Service entitled 
*A Route to Prosperity has concluded that the corridor is 
eligible as a National Heritage Corridor. 
(7) Local governments, the State of Ohio, and private sector 
interests have embraced the heritage corridor concept and 
desire to enter into partnership with the Federal Government 
to preserve, protect, and develop the corridor for public benefit, 
(b) PURPOSES.—^The purposes of this title are— 
(1) to preserve and interpret for the educational and 
inspirational benefit of present and future generations the 
unique and significant contributions to our national heritage 
of certain historic and cultural lands, waterways, and structures 
within the 87-mile Ohio & Erie Canal Corridor between 
Cleveland and Zoar; 
(2) to encourage within the corridor a broad range of eco-
nomic opportunities enhancing the quality of life for present 
and future generations; 
(3) to provide a management framework to assist the State 
of Ohio, its political subdivisions, and nonprofit organizations, 
or combinations thereof, in preparing and implementing an 
integrated Corridor Management Plan and in developing 
policies and programs that will preserve, enhance, and interpret 
the cultural, historical, natural, recreation, and scenic resources 
of the corridor; and 
(4) to authorize the Secretary to provide financial and 
technical assistance to the State of Ohio, its political subdivi-
sions, and nonprofit organizations, or combinations thereof, 
in preparing and implementing a Corridor Management Plan. 
SEC. 803. DEFINITIONS. 
For the purposes of this title: 
(1) The term "corridor" means the Ohio & Erie Canal 
National Heritage Corridor established by section 804. 
(2) The term "Committee" means the Ohio & Erie Canal 
National Heritage Area Committee established by section 805. 
(3) The term "Corridor Management Plan" means the 
management plan developed under section 808. 
(4) The term "Secretary" means the Secretary of the 
Interior. 
(5) The term "technical assistance" means any guidance, 
advice, help, or aid, other than financial assistance, provided 
by the Secretary of the Interior. 
(6) The term "financial assistance" means funds appro-
priated by Congress and made available to the management 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4269 
entity for the purposes of preparing and implementing a 
Corridor Management Plan. 
(7) The term "management entity" means the entity recog-
nized by the Secretary pursuant to section 807(a) to receive, 
distribute, and account for Federal funds appropriated for the 
purposes of this title. 
SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR. 
(a) ESTABLISHMENT.—^There is established in the State of Ohio 
the Ohio & Erie Canal National Heritage Corridor. 
(b) BOUNDARIES.— 
(1) IN GENERAL.—^The boundaries of the corridor shall be 
composed of the lands that are generally the route of the 
Ohio & Erie Canal from Cleveland to Zoar, Ohio, as depicted 
in the 1993 National Park Service Special Resources Study, 
"A Route to Prosperity", subject to paragraph (2). The specific 
boundaries shall be those specified in the management plan 
submitted under section 808. The Secretary shall prepare a 
map of the corridor which shall be on file and available for 
public inspection in the office of the Director of the National 
Park Service. 
(2) CONSENT OF LOCAL GOVERNMENTS.—No privately owned 
property shall be included within the boundaries of the corridor 
unless the municipality in which the property is located agrees 
to be so included and submits notification of such agreement 
to the Secretary. 
(c) ADMINISTRATION.—The corridor shall be administered in 
accordance with the provisions of this title. 
SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR 
COMMITTEE. 
(a) ESTABLISHMENT.—^There is hereby established a Committee 
to be known as the "Ohio & Erie Canal National Heritage Corridor 
Committee", whose purpose shall be to assist Federal, State, and 
local authorities and the private sector in the preparation and 
implementation of an integrated Corridor Management Plan. 
(b) MEMBERSHIP.—^The Committee shall be comprised of 21 
members, as follows: 
(1) Four individuals, appointed by the Secretary after 
consideration of recommendations submitted by the Greater 
Cleveland Growth Association, the Akron Regional Develop-
ment Board, the Stark Development Board, and the Tuscarawas 
County Chamber of Commerce, who shall include one represent-
ative of business and industry from each of Ohio counties 
of Cuyahoga, Summit, Stark, and Tuscarawas. 
(2) One individuals, appointed by the Secretary after 
consideration of recommendations submitted by the Director 
of the Ohio Department of Travel and Tourism, who is a director 
of a convention and tourism bureau within the corridor. 
(3) One individual, appointed by the Secretary after consid-
eration of recommendations submitted by the Ohio Historic 
Preservation Officer, with knowledge and experience in the 
field of historic preservation. 
(4) One individual, appointed by the Secretary after consid-
eration of recommendations submitted by the Director of the 
National Park Service, with knowledge and experience in the 
field of historic preservation. 
110 STAT. 4270 
PUBLIC LAW 104-333—NOV. 12, 1996 
(5) Three individuals appointed by the Secretary after 
consideration of recommendations submitted by the county or 
metropolitan park boards in the Ohio coimties of Cuyahoga, 
Summit, and Stark. 
(6) Eight individuals appointed by the Secretary after 
consideration of recommendations submitted by the county 
commissioners or county chief executive of the Ohio counties 
of Cuyahoga, Summit, Stark and Tuscarawas, including— 
(A) from each county, one representative of the 
planning offices of the county; £ind 
(B) from 
each 
county, one representative 
of a 
municipality in the county. 
(7) Two individuals appointed by the Secretary after 
consideration of recommendations submitted by the Governor 
of Ohio, who shall be representatives of the Directors of the 
Ohio DepEirtment of Natural Resources and the Ohio Depart-
ment of Transportation. 
(8) The Superintendent of the Cuyahoga Valley National 
Recreation Area, ex officio. 
(c) APPOINTMENTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), 
members of the Committee shall be appointed for terms of 
three years and may be reappointed. 
(2) INITIAL APPOINTMENTS.—^The Secretary shall appoint 
the initial members of the Committee within 30 days after 
the date on which the Secretary has received all recommenda-
tions pursuant to subsection (b). Of the members 
first 
appointed— 
(A) the members appointed pursuant to subsection 
(b)(6)(B) shall be appointed to a term of two years and 
may not be reappointed to a consecutive term; and 
(B) the member appointed pursusint to subsection (b)(2) 
shall be appointed to a term of two years and may not 
be reappointed to a consecutive term. 
(d) CHAIR AND VICE CHAIR.—^The chair and vice chair of the 
Committee shall be elected by the members of the Committee. 
The terms of the chair and vice chair shall be two years. 
(e) VACANCY.—A vacancy in the Committee shall be filled in 
the manner in which the original appointment was made. Any 
member appointed to fill a vacancy occurring before the expiration 
of the term for which their predecessor was appointed shall be 
appointed only for the remainder of such term. Any member of 
the Committee appointed for a definite term may serve after the 
expiration of their term until their successor has taken office. 
(f) COMPENSATION AND EXPENSES.—^Members of the Committee 
shall serve without 
compensation 
for their service on 
the 
Committee. 
(g) QUORUM.—^Eleven members 
of the 
Committee 
shall 
constitute a quorum. 
(h) MEETINGS.—^The Committee shall meet at least quarterly 
at the call of the chairperson or 11 of its members. Meetings 
of the Committee shsdl be subject to section 552b of title 5, United 
States Code (relating to open meetings). 
(i) NOT TREATED AS ADVISORY COMMITTEE.—^The Committee 
shall not be treated as an Advisory Committee for purposes of 
the Federal Advisory Committee Act (5 U.S.C. App.). 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4271 
SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE 
CORRIDOR COMMITTEE. 
(a) HEARINGS.—^The Committee may, for the purpose of carrying 
out this title, hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the 
Committee considers appropriate. The Committee may not issue 
subpoenas or exercise any subpoena authority. 
(b) BYLAWS.—^The Committee may make such bylaws and rules, 
consistent with this title, as it considers necessary to carry out 
its functions under this title. 
(c) POWERS OF MEMBERS AND AGENTS.—^Any member or agent 
of the Committee, if so authorized by the Committee, may take 
any action which the Committee is authorized to take by this 
title. 
(d) CORRIDOR MANAGEMENT PLAN.—^Upon submission of a draft 
Corridor Management Plan to the Committee from the management 
entity, the Committee shall, within 60 days, review such plan 
for consistency with the purposes of this title and endorse the 
plan or return it to the management entity for revision. Upon 
endorsement of the Corridor Management Plan, the Committee 
shall submit such plan to the Secretary for approval pursuant 
to section 808. 
(e) REVIEW OF BUDGET.—^The Committee shall review on an 
annual basis the proposed expenditures of Federal funds by the 
management entity for consistency with the purpose of this title 
and the Corridor Management Plan. 
SEC. 807. MANAGEMENT ENTITY. 
(a) ENTITY.—^Upon petition, the Secretary is authorized to 
recognize the Ohio & Erie Canal Association as the management 
entity for the Heritage Corridor. 
(b) 
ELIGIBILITY.—^To be eligible for designation as the 
management entity of the corridor, an entity must possess the 
legal ability to— 
(1) receive Federal funds for use in preparing and 
implementing the management plan for the corridor; 
(2) disburse Federal funds to other units of government 
or other organizations for use in preparing and implementing 
the management plan for the corridor; 
(3) account for all Federal funds received or disbursed; 
and 
(4) sign agreements with the Federal Grovemment. 
(c) FEDERAL FUNDING.— 
(1) AUTHORIZATION TO RECEIVE.—^The management entity 
is authorized to receive appropriated Federed funds. 
(2) DISQUALIFICATION.—If a management plan for the 
corridor is not submitted to the Secretary as required under 
section 808 within the time specified herein, the management 
entity shall cease to be eligible for Federal funding under 
this title until such a plan regarding the corridor is submitted 
to the Secretary. 
(d) AUTHORITIES OF MANAGEMENT ENTITY.—The management 
entity of the corridor may, for purposes of preparing and implement-
ing the management plan for the corridor, use Federal funds made 
available under this title— 
29-194 0-96-15:QL3Part6 
110 STAT. 4272 
PUBLIC LAW 104-333—NOV. 12, 1996 
(1) to make grants and loans to the State of Ohio, its 
political 
subdivisions, nonprofit 
organizations, and 
other 
persons; 
(2) to enter into cooperative agreements with, or provide 
technical assistance to, Federal agencies, the State of Ohio, 
its political subdivision, nonprofit organizations, and other 
persons; 
(3) to hire and compensate staff; 
(4) to obtain money from any source under any program 
or law requiring the recipient of such money to make a contribu-
tion in order to receive such money; and 
(5) to contract for goods and services. 
(e) 
PROHIBITION OF ACQUISITION OF REAL PROPERTY.—^The 
management entity for the corridor may not use Federal funds 
received under this title to acquire real property or any interest 
in real property. 
SEC. 
808. 
DUTIES 
OF 
THE 
MANAGEMENT 
ENTITY. 
(a) CORRIDOR MANAGEMENT PLAN.— 
(1) SUBMISSION FOR REVIEW BY COMMITTEE.—Within 3 years 
after the date on which the Secretary has recognized the 
management entity for the corridor, the management entity 
shall develop and submit for review to the Committee a 
management plan for the corridor. 
(2) PLAN REQUIREMENTS.—^A management plan submitted 
under this title shall present comprehensive recommendations 
for the conservation, funding, management, and development 
of the corridor. The plan shall be prepared with public participa-
tion. The plan shall take into consideration existing Federal, 
State, county, and local plans and involve residents, public 
agencies, and private organizations in the corridor. The plan 
shall include a description of actions that units of government 
and private organizations are recommended to take to protect 
the resources of the corridor. The plan shall specify existing 
and potential sources of funding for the conservation, manage-
ment, and development of the corridor. The plan also shall 
include the following, as appropriate: 
(A) An inventory of the resources contained in the 
corridor, including a list of property in the corridor that 
should be conserved, restored, managed, developed, or 
maintained because of the natural, cultural, or historic 
significance of the property as it relates to the themes 
of the corridor. 
(B) A recommendation of policies for resource manage-
ment that consider and detail the application of appropriate 
land and water management techniques, including (but 
not limited to) the development of intergovernmental 
cooperative agreements to manage the historical, cultural, 
and natural resources and recreational opportunities of 
the corridor in a manner consistent with the support of 
appropriate and compatible economic viability. 
(C) A program, including plans for restoration and 
construction, for implementation of the management plan 
by the management entity and specific commitments, for 
the first six years of operation of the plan by the partners 
identified in said plan. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4273 
(D) AQ analysis of means by which Federal, State, 
and local programs may best be coordinated to promote 
the purposes of this title. 
(E) An interpretive plan for the corridor. 
(3) 
APPROVAL 
AND 
DISAPPROVAL 
OF 
THE 
CORRIDOR 
MANAGEMENT PLAN.— 
(A) IN GENERAL.—^Upon submission of the Corridor 
Management Plan from the Committee, the Secretary shall 
approve or disapprove said plan not later than 60 days 
after receipt of tne plan. If the Secretary has taken no 
action after 60 days upon receipt, the plan shall be consid-
ered approved. 
(B) 
DISAPPROVAL AND REVISIONS.—If the 
Secretary 
disapproves the Corridor Management Plan, the Secretary 
shall advise the Committee, in writing, of the reasons 
for the disapproval and shall make recommendations for 
revision of the plan. The Secretary shall approve or dis-
approve proposed revisions to the plan not later than 60 
days after receipt of such revision. If the Secretary has 
taken no action for 60 days after receipt, the plan shall 
be considered approved. 
(b) PRIORITIES.—The management entity shall give priority to 
the implementation of actions, goals, and policies set forth in the 
management plan for the corridor, including— 
(1) assisting units of government, regional planning 
organizations, and nonprofit organizations— 
(A) in conserving the corridor; 
(B) in establishing and maintgdning interpretive 
exhibits in the corridor; 
(C) in developing recreational opportunities in the 
corridor; 
(D) in increasing public awareness of and appreciation 
for the natural, historical, and cultural resources of the 
corridor; 
(E) in the restoration of historic buildings that are 
located within the boundaries of the corridor and relate 
to the themes of the corridor; and 
(F) in ensuring that clear, consistent, and environ-
mentally appropriate signs identifying access points and 
sites of interest are put in place throughout the corridor; 
and 
(2) consistent with the goals of the management plan, 
encouraging economic viability in the affected communities by 
appropriate means. 
(c) 
CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—^The 
management entity shall, in preparing and implementing the 
management plan for the corridor, consider the interest of diverse 
units of government, businesses, private property owners, and non-
profit groups within the geographic area. 
(d) PUBLIC MEETINGS.—^The management entity shall conduct 
public meetings at least quarterly regarding the implementation 
of the Corridor Management Plan. 
(e) ANNUAL REPORTS.—^The management entity shall, for any 
fiscal year in which it receives Federal funds under this title or 
in which a loan made by the entity with Federal funds under 
section 807(d)(1) is outstanding, submit an annual report to the 
Secreteiry setting forth its accomplishments, its expenses and 
110 STAT. 4274 
PUBLIC LAW 104-333—NOV. 12, 1996 
income, and the entities to which it made any loans and grants 
during the year for which the report is made. 
(f) COOPERATION WITH AUDITS.—^The management entity shall, 
for any fiscal year in which its receives Federal funds under this 
title or in which a loan made by the entity with Federal funds 
under section 807(d)(1) is outstanding, make available for audit 
by the Congress, the Secretary, and appropriate units of government 
all records and other information pertaining to the expenditure 
of such funds and any matching funds, and require, for all agree-
ments authorizing expenditure of Federal funds by other organiza-
tions, that the receiving organizations make available for such 
audit all records and other information pertaining to the expendi-
ture of such funds. 
SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 
(a) TECHNICAL ASSISTANCE AND GRANTS.— 
(1) IN GENERAL.—^The Secretary may provide technical 
assistance and grants to units of government, 
nonprofit 
organizations, and other persons, upon request of the manage-
ment entity of the corridor, and to the management entity, 
regarding the management plan and its implementation. 
(2) 
PROHIBITION 
OF 
CERTAIN 
REQUIREMENTS.—The 
Secretary may not, as a condition of the award of technical 
assistance or grants under this section, require any recipient 
of such technical assistance or grant to enact or modify land 
use restrictions. 
(3) 
DETERMINATIONS 
REGARDING 
ASSISTANCE.—The 
Secretary shall decide if the corridor shall be awarded technical 
assistance or grants and the amount of that assistance. Such 
decisions shall be based on the relative degree to which the 
corridor effectively fulfills the objectives contained in the 
Corridor Management Plan and achieves the purposes of this 
title. Such decisions shall give consideration to projects which 
provide a greater leverage of Federal funds. 
(b) PROVISION OF INFORMATION.—In cooperation with other 
Federal agencies, the Secretary shall provide the general public 
with information regarding the location and character of the 
corridor. 
(c) OTHER ASSISTANCE.—^Upon request, the Superintendent of 
Cuyahoga Valley National Recreation Area may provide to public 
and private organizations within the corridor (including the 
management entity for the corridor) such operational assistance 
as appropriate to support the implementation of the Corridor 
Management Plan, subject to the availability of appropriated funds. 
The Secretary is authorized to enter into cooperative agreements 
with public and private organizations for the purposes of implement-
ing this subsection. 
(d) DUTIES OF OTHER FEDERAL AGENCIES.—^Any Federal entity 
conducting any activity directly affecting the corridor shall consider 
the potential effect of the activity on the Corridor Management 
Plan and shall consult with the management entity of the corridor 
with respect to the activity to minimize the adverse effects of 
the activity on the corridor. 
SEC. 810. 
LACK 
OF 
EFFECT 
ON 
LAND 
USE 
REGULATION 
AND 
PRIVATE 
PROPERTY. 
(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing 
in this title shall be construed to modify, enlarge, or diminish 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4275 
any authority of Federal, State, or local governments to regulate 
any use of land as provided for by law or regulation. 
(b) LACK OF ZONING OR LAND USE POWERS.—Nothing in this 
title shall be construed to grant powers of zoning or land use 
control to the Committee or management entity of the corridor. 
(c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT APFECTED.— 
Nothing in this title shall be construed to affect or to authorize 
the Committee to interfere with— 
(1) the rights of any person with respect to private 
property; or 
(2) any local zoning ordinance or land use plan of the 
State of Ohio or a political subdivision thereof 
SEC. 811. SUNSET. 
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012. 
SEC. 812. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated under 
this title not more than $1,000,000 for any fiscal year. Not more 
than a total of $10,000,000 may be appropriated for the corridor 
under this title. 
(b) 50 PERCENT MATCH.—Federal funding provided under this 
title, after the designation of this corridor, may not exceed 50 
percent of the total cost of any assistance or grant provided or 
authorized under this title. 
TITLE IX—HUDSON RIVER VALLEY 
NATIONAL HERITAGE AREA 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Hudson River Valley National 
Heritage Area Act of 1996". 
SEC. 902. FINDINGS. 
The Congress finds the following: 
(1) The Hudson River Valley between Yonkers, New York, 
and Troy, New York, possesses important historical, cultural, 
and natural resources, representing themes of settlement and 
migration, transportation, and commerce. 
(2) The Hudson River Valley played an important role 
in the military history of the American Ilevolution. 
(3) The Hudson River Valley gave birth to important move-
ments in American art and architecture through the work 
of Andrew Jackson Downing, Alexander Jackson Davis, Thomas 
Cole, and their associates, and played a central role in the 
recognition of the esthetic value of the landscape and the devel-
opment of an American esthetic ideal. 
(4) The Hudson River Valley played an important role 
in the development of the iron, textile, and collar and cuff 
industries in the 19th century, exemplified in surviving struc-
tures such as the Harmony Mills complex at Cohoes, and in 
the development of early men's and women's labor and coopera-
tive organizations, and is the home of the first women's labor 
union and the first women's secondary school. 
Hudson River 
Valley National 
Heritage Area 
Act of 1996. 
New York. 
16 u s e 461 note. 
Andrew Jackson 
Downing. 
Alexander 
Jackson Davis. 
Thomas Cole. 
110 STAT. 4276 
PUBLIC LAW 104-333—NOV. 12, 1996 
(5) The Hudson River Valley, in its cities and towns and 
in its rural landscapes— 
(A) displays exceptional surviving physical resources 
illustrating these themes and the social, industrial, and 
cultural history of the 19th and early 20th centuries; and 
(B) includes many National Historic Sites and Land-
marks. 
(6) The Hudson River Valley is the home of traditions 
associated with Dutch and Huguenot settlements dating to 
the 17th and 18th centuries, was the locus of characteristic 
American stories such as "Rip Van Winkle" and the "Legend 
of Sleepy Hollow", and retains physical, social, and cultural 
evidence of these traditions and the traditions of other more 
recent ethnic and social groups. 
(7) New York State has established a structure for the 
Hudson River Valley communities to join together to preserve, 
conserve, and manage these resources, and to link them through 
trails and other means, in the Hudson River Greenway Commu-
nities Council and the Greenway Conservancy. 
SEC. 903. PURPOSES. 
The purposes of this title are the following: 
(1) To recognize the importance of the history and the 
resources of the Hudson River Valley to the Nation. 
(2) To assist the State of New York and the communities 
of the Hudson River Valley in preserving, protecting, and inter-
preting these resources for the benefit of the Nation. 
(3) To authorize Federal financial and technical assistance 
to serve these purposes. 
SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA. 
(a) ESTABLISHMENT.—^There is hereby established a Hudson 
River Valley National Heritage Area (in this title referred to as 
the "Heritage Area"). 
(b) BOUNDARIES.— 
(1) IN GENERAL.—^Except as otherwise provided in para-
graph (2), the Heritage Area shall be comprised of the counties 
of Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess, 
Orange, Putnam, Westchester, and Rockland, New York, and 
the Village of Waterford in Saratoga County, New York. 
(2) AREAS EXCLUDED.—^The Heritage Area shall not include 
any of the following: 
(A) The counties of Greene and Columbia. 
(B) Those portions of the counties of Rensselaer and 
Dutchess located entirely within the 22d Congressional 
District of New York (as such district exists on the date 
of the enactment of this Act). 
(c) MANAGEMENT ENTITIES.—^The management entities for the 
Heritage Area shall be the Hudson River Valley Greenway Commu-
nities Council and the Greenway Conservancy (agencies established 
by the State of New York in its Hudson River Greenway Act 
of 1991, in this title referred to as the "management entities"). 
The management entities shall jointly establish a Heritage Area 
Committee to manage the Heritage Area. 
SEC. 905. COMPACT. 
To carry out the purposes of this title, the Secretary of the 
Interior (in this title referred to as the "Secretary") shall enter 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4277 
into a compact with the management entities. The compact shall 
include information relating to the objectives and management of 
the area, including the following: 
(1) A discussion of the goals and objectives of the Heritage 
Area, including an explanation of a proposed approach to 
conservation and interpretation, and a general outline of the 
protection measures committed to by the parties to the compact. 
(2) A description of the respective roles of the management 
entities. 
(3) A list of the initial partners to be involved in developing 
and implementing a management plan for the Heritage Area, 
and a statement of the financial commitment of such partners. 
(4) A description of the role of the State of New York. 
SEC. 906. MANAGEMENT PLAN. 
The management entities shall develop a management plan 
for the Heritage Area that presents comprehensive recommenda-
tions for the Heritage Area's conservation, funding, management 
and development. Such plan shall take into consideration existing 
State, county, and local plans and involve residents, public agencies, 
and private organizations working in the Heritage Area. It shall 
include actions to be undertaken by units of government and private 
org£inizations to protect the resources of the Heritage Area. It 
shall specify the existing and potential sources of funding to protect, 
manage, and develop the Heritage Area. Such plan shall include 
specifically as appropriate the following: 
(1) An inventory of the resources contained in the Heritage 
Area, including a list of any property in the Heritage Area 
that is related to the themes of the Heritage Area and that 
should be preserved, restored, managed, developed, or main-
tained because of its natural, cultural, historic, recreational, 
or scenic significance. 
(2) A recommendation of policies of resource management 
which consider and detail application of appropriate land and 
water management techniques, including but not limited to, 
the development of intergovernmental cooperative agreements 
to protect the Heritage ^ e a ' s historical, cultural, recreational, 
and natural resources in a manner consistent with supporting 
appropriate and compatible economic viability. 
(3) A program for implementation of the management plan 
by the management entities, including plans for restoration 
and construction, and specific commitments of the identified 
partners for the first 5 years of operation. 
(4) An analysis of ways in which local. State, and Federal 
programs may best be coordinated to promote the purposes 
of this title. 
(5) An interpretation plan for the Heritage Area. 
SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES. 
(a) AUTHORITIES OF THE MANAGEMENT ENTITIES.—The manage-
ment entities may, for purposes of preparing and implementing 
the management plan under section 906, use Federal funds made 
available through this title— 
(1) to make loans and grants to, and enter into cooperative 
agreements with, States and their political subdivisions, private 
organizations, or any person; and 
(2) to hire and compensate staff. 
110 STAT. 4278 
PUBLIC LAW 104-333—NOV. 12, 1996 
Public 
information. 
Reports. 
Records. 
(b) DUTIES OF THE MANAGEMENT ENTITIES.—^The management 
entities shall— 
(1) develop and submit to the Secretary for approval a 
management plan as described in section 906 within 5 years 
after the date of the enactment of this title. 
(2) give priority to implementing actions as set forth in 
the compact and the management plan, including taking 
steps to— 
(A) assist units of government, regional planning 
organizations, and nonprofit organizations in preserving 
the Heritage Area; 
(B) assist units of government, regional plsinning 
organizations, and nonprofit organizations in establishing, 
and maintaining interpretive eichibits in the Heritage Area; 
(C) assist units of government, regional planning 
organizations, and nonprofit organizations in developing 
recreational resources in the Heritage Area; 
(D) assist units of government, regional planning 
organizations, and nonprofit organizations in increasing 
public awareness of an appreciation for the natural, histori-
cal and architectural resources and sites in the Heritage 
Area; 
(E) assist units of government, regional planning 
, organizations and nonprofit organizations in the restoration 
of any historic building relating to the themes of the 
Heritage Area; 
(F) encourage by appropriate means economic viability 
in the corridor consistent with the goals of the plan; 
(G) encourage local governments to adopt land use 
policies consistent with the management of the Heritage 
Area and the goals of the plan; and 
(H) assist units of government, regional planning 
organizations and nonprofit organizations to ensure that 
clear, consistent, and environmentally appropriate signs 
identifying access points and sites of interest are put in 
place throughout the Heritage Area; 
(3) consider the interests of diverse governmental, business, 
and nonprofit groups within the Heritage Area; 
(4) conduct public meetings at least quarterly regarding 
the implementation of the management plan; 
(5) submit substantial changes (including any increase of 
more than 20 percent in the cost estimates for implementation) 
to the management plan to the Secretary for the Secretary's 
approval; 
(6) for any year in which Federal funds have been received 
under this title, submit an annual report to the Secretary 
setting forth its accomplishments, its expenses and income, 
and the entities to which any loans and grants were made 
during the year for which the report is made; and 
(7) for any year in which Federal funds have been received 
under this title, make available for audit all records pertaining 
to the expenditure of such funds and any matching funds, 
and require, for all agreements authorizing expenditure of 
Federal funds by other organizations, that the receiving 
organizations make available for audit all records pertaining 
to the expenditure of such funds. 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4279 
If a management plan is not submitted to the Secretary as required 
under paragraph (1) within the specified time, the Heritage Area 
shall no longer qualify for Federal funding. 
(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 
The management entities may not use Federal funds received under 
this title to acquire real property or an interest in real property. 
Nothing in this title shall preclude any management entity from 
using Federal funds from other sources for their permitted purposes. 
(d) ELIGIBILITY FOR RECEIVING FINANCIAL ASSISTANCE.— 
(1) ELIGIBILITY.—^The management entities shall be eligible 
to receive funds appropriated through this title for a period 
of 10 years after the day on which the compact under section 
905 is signed by the Secretary and the management entities, 
except as provided in paragraph (2). 
(2) EXCEPTION.—^The management entities' eligibility for 
funding under this title may be extended for a period of not 
more than 5 additional years if— 
(A) the management entities determine such extension 
Notification, 
is necessary in order to carry out the purposes of this 
title and notify the Secretary not later than 180 days 
prior to the termination date; 
(B) the management entities, not later than 180 days 
prior to the termination date, present to the Secretary 
a plan of their activities for the period of the extension, 
including provisions for becoming independent of the funds 
made available through this title; and 
(C) the Secretary, with the advice of the Grovemor 
of New York, approves such extension of funding. 
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 
(a) DUTIES AND AUTHORITIES OF THE SECRETARY.— 
(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—^The Secretary may, upon request 
of the management entities, provide technical and financial 
assistance to the Heritage Area to develop and implement 
the management plan. In assisting the Heritage Area, the 
Secretary shall give priority to actions that in general 
assist in— 
(i) conserving the significant natural historic, and 
cultural resources which support its themes; and 
(ii) 
providing 
educational, 
interpretive, 
and 
recreational opportunities consistent with its resources 
and associated values. 
(B) SPENDING FOR NON-FEDERALLY OWNED PROPERTY.— 
The Secretary may spend Federal funds directly on nonfed-
erally owned property to further the purposes of this title, 
especially in assisting units of government in appropriate 
treatment of districts, sites, buildings, structures, and 
objects listed or eligible for listing on the National Register 
of Historic Places. 
(2) 
APPROVAL 
AND 
DISAPPROVAL 
OF 
COMPACTS 
AND 
MANAGEMENT PLANS.— 
(A) IN GENERAL.—^The Secretary, in consultation with 
the Grovemor of New York, shall approve or disapprove 
a compact or management plan submitted under this title 
not later than 90 days after receiving such compact or 
management plan. 
110 STAT. 4280 
PUBLIC LAW 104-333—NOV. 12, 1996 
(B) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 
disapproves a submitted compact or management plan, 
the Secretary shall advise the management entities in 
writing of the reasons therefor and shall make rec-
ommendations for revisions in the compact or plan. The 
Secretary shall approve or disapprove a proposed revision 
within 90 days after the date it is submitted. 
(3) APPROVING AMENDMENTS.—^The Secretary shall review 
substantial amendments to the management plan for the Herit-
age Area. Funds appropriated pursuant to this title may not 
be expended to implement the changes until the Secretary 
approves the amendments. 
(4) PROMULGATING 
REGULATIONS.—^The Secretary shall 
promulgate such regulations as are necessary to carry out 
the purposes of this title. 
(b) DUTIES OF FEDERAL ENTITIES.—Any Federal entity conduct-
ing or supporting activities directly affecting the Heritage Area, 
and any unit of government acting pursuant to a grant of Federal 
funds or a Federal permit or agreement conducting or supporting 
such activities, shall to the maximum extent practicable— 
(1) consult with the Secretary and the management entities 
with respect to such activities; 
(2) cooperate with the Secretary and the management 
entities in carrying out their duties under this title and coordi-
nate such activities with the carrying out of such duties; and 
(3) conduct or support such activities in a manner consist-
ent with the management plan unless the Federal entity, after 
consultation with the management entities, determines there 
is no practicable alternative. 
SEC. 909. AUTHORIZATION OF APPROPRIATIONS. 
(a) COMPACTS AND MANAGEMENT PLAN.—^There is authorized 
to be appropriated to the Secretary, for grants for developing a 
compact under section 905 and providing assistance for a manage-
ment plan under section 906, not more than $300,000, to remain 
available until expended, subject to the following conditions: 
(1) No grant for a compact or management plan may exceed 
75 percent of the grantee's cost for such study or plan. 
(2) The total amount of Federal funding for the compact 
for the Heritage Area may not exceed $150,000. 
(3) The total amount of Federal funding for a management 
plan for the Heritage Area may not exceed $150,000. 
(b) MANAGEMENT ENTITY OPERATIONS.—There is authorized to 
be appropriated to the Secretary for the management entities, 
amounts as follows: 
(1) For the operating costs of each management entity, 
pursuant to section 907, not more than $250,000 annually. 
(2) For technical assistance pursuant to section 908, not 
more than $50,000 annually. 
The Federal contribution to the operations of the management 
entities shall not exceed 50 percent of the annual operating costs 
of the entities. 
(c) IMPLEMENTATION.—^There is authorized to be appropriated 
to the Secretary, for grants (and the administration thereof) for 
the implementation of the management plans for the Heritage 
Area pursuant to section 908, not more than $10,000,000, to remain 
available until expended, subject to the following conditions: 
PUBLIC LAW 104-333—NOV. 12, 1996 
110 STAT. 4281 
(1) No grant for implementation may exceed 50 percent 
of the grantee's cost of implementation. 
(2) Any payment made shall be subject to an agreement 
that conversion, use, or disposal of the project so assisted 
for purposes contrary to the purposes of this title, as determined 
by the Secretary, shall result in a right of the United States 
of reimbursement of all funds made available to such project 
or the proportion of the increased vahie 
of the project 
attributable to such funds as determined at the time of such 
conversion, use, or disposal, whichever is greater. 
SEC. 910. SUNSET. 
The Secretary may not make any grant or provide any 
assistance under this title after September 30, 2012. 
Approved November 12, 1996. 
LEGISLATIVE HISTORY—H.R. 4236: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 28, considered and passed House. 
Oct. 3, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Nov. 12, Presidential remarks and statement.