116 S367 IS: America’s Natural Treasures of Immeasurable Quality Unite, Inspire, and Together Improve the Economies of States Act
U.S. Senate
2019-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
116th CONGRESS1st Session
S. 367
IN THE SENATE OF THE UNITED STATES

February 7, 2019
Mr. Udall (for himself, Mr. Blumenthal, Mr. Van Hollen, Mr. Booker, Mr. Wyden, Ms. Hirono, Ms. Duckworth, Ms. Harris, Ms. Cortez Masto, Mr. Leahy, Ms. Smith, Mrs. Feinstein, Mr. Heinrich, Mrs. Gillibrand, Mr. Merkley, Mrs. Murray, Ms. Baldwin, Mr. Schatz, Mr. Durbin, Mr. Cardin, Ms. Klobuchar, Ms. Rosen, Mr. Murphy, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL
To provide for the administration of certain national monuments, to establish a National Monument Enhancement Fund, and to establish certain wilderness areas in the States of New Mexico and Nevada.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the America’s Natural Treasures of Immeasurable Quality Unite, Inspire, and Together Improve the Economies of States Act  or the ANTIQUITIES Act.  (b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—Administration of certain national monuments
Sec. 101. Definitions.
Sec. 102. Administration of covered national monuments.
Sec. 103. Description of covered national monuments.
TITLE II—National Monument Enhancement Fund
Sec. 201. Establishment of Fund.
Sec. 202. Authorization of appropriations.
TITLE III—Establishment of certain wilderness areas in the State of New Mexico
Sec. 301. Organ Mountains-Desert Peaks conservation.
Sec. 302. Cerro del Yuta and Río San Antonio Wilderness Areas.
TITLE IV—Designation of wilderness areas in Clark County, Nevada
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Additions to National Wilderness Preservation System.
Sec. 404. Administration.
Sec. 405. Adjacent management.
Sec. 406. Military, law enforcement, and emergency overflights.
Sec. 407. Release of wilderness study areas.
Sec. 408. Native American cultural and religious uses.
Sec. 409. Wildlife management.
Sec. 410. Wildfire, insect, and disease management.
Sec. 411. Climatological data collection.
2.FindingsCongress finds that— (1)as established by Federal law, a national monument may only be reduced, diminished, or revoked by an Act of Congress;
(2)the national monuments under review under Executive Order 13792 (82 Fed. Reg. 20429 (May 1, 2017)) have delivered economic, cultural, and ecological benefits to local communities and the United States; and  (3)legislative actions subsequent to Presidential declarations, such as the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991), have ratified certain national monuments under review and other national monuments.
IAdministration of certain national monuments
101.DefinitionsIn this title: (1)Covered national monumentThe term covered national monument means a national monument described in section 103.
(2)Secretary concernedThe term Secretary concerned means— (A)the Secretary of the Interior, with respect to a covered national monument under the joint or exclusive jurisdiction of the National Park Service, the Bureau of Land Management, or the United States Fish and Wildlife Service;
(B)the Secretary of Agriculture, with respect to a covered national monument under the joint or exclusive jurisdiction of the Forest Service; and  (C)the Secretary of Commerce, with respect to a covered national monument under the joint or exclusive jurisdiction of the National Oceanic and Atmospheric Administration.
102.Administration of covered national monuments
(a)In generalThe Secretary concerned shall administer each national monument described in section 103 in accordance with— (1)the one or more applicable Presidential proclamations specified in that section that apply to the applicable covered national monument;
(2)any Act of Congress enacted before December 4, 2017, that provides for an adjustment to the boundary of, or a requirement with respect to the administration of, the applicable covered national monument; and  (3)this Act.
(b)Maps and legal descriptions
(1)In generalAs soon as practicable after the date of enactment of this Act, the Secretary concerned shall— (A)conduct a survey of the boundaries of each covered national monument; and
(B)file a map and legal description of each covered national monument with— (i)the Committee on Energy and Natural Resources of the Senate; and
(ii)the Committee on Natural Resources of the House of Representatives.  (2)Force of lawThe maps and legal descriptions filed under paragraph (1)(B) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct errors in the legal descriptions and maps.
(3)Public availabilityThe maps and legal descriptions filed under paragraph (1)(B) shall be on file and available for public inspection in the appropriate offices of the Secretary concerned.  (c)Management planIf a management plan has not been prepared for a covered national monument as of the date of enactment of this Act, not later than 2 years after the date of enactment of this Act, the Secretary concerned shall prepare a management plan for the covered national monument, in accordance with—
(1)the one or more Presidential proclamations specified in section 103 that apply to the applicable covered national monument; and  (2)any other applicable Federal law (including regulations).
(d)FundingA covered national monument shall be eligible to receive funds from the National Monument Enhancement Fund established by section 201(a).  103.Description of covered national monumentsThe following are the national monuments referred to in section 102(a):
(1)Birmingham Civil Rights National Monument, AlabamaThe Birmingham Civil Rights National Monument established in the State of Alabama by Presidential Proclamation 9565, as issued on January 12, 2017 (54 U.S.C. 320301 note).  (2)Freedom Riders National Monument, AlabamaThe Freedom Riders National Monument established in the State of Alabama by Presidential Proclamation 9566, as issued on January 12, 2017 (54 U.S.C. 320301 note).
(3)Agua Fria National Monument, ArizonaThe Agua Fria National Monument established in the State of Arizona by Presidential Proclamation 7263, as issued on January 11, 2000 (54 U.S.C. 320301 note).  (4)Grand Canyon-Parashant National Monument, ArizonaThe Grand Canyon-Parashant National Monument established in the State of Arizona by Presidential Proclamation 7265, as issued on January 11, 2000 (54 U.S.C. 320301 note).
(5)Ironwood Forest National Monument, ArizonaThe Ironwood Forest National Monument established in the State of Arizona by Presidential Proclamation 7320, as issued on June 9, 2000 (54 U.S.C. 320301 note).  (6)Sonoran Desert National Monument, ArizonaThe Sonoran Desert National Monument established in the State of Arizona by Presidential Proclamation 7397, as issued on January 17, 2001 (54 U.S.C. 320301 note).
(7)Vermilion Cliffs National Monument, ArizonaThe Vermilion Cliffs National Monument established in the State of Arizona by Presidential Proclamation 7374, as issued on November 9, 2000 (54 U.S.C. 320301 note).  (8)Berryessa Snow Mountain National Monument, CaliforniaThe Berryessa Snow Mountain National Monument established in the State of California by Presidential Proclamation 9298, as issued on July 10, 2015 (54 U.S.C. 320301 note).
(9)California Coastal National Monument, CaliforniaThe California Coastal National Monument established in the State of California by Presidential Proclamation 7264, as issued on January 11, 2000 (54 U.S.C. 320301 note), Presidential Proclamation 9089, as issued on March 11, 2014 (54 U.S.C. 320301 note), and Presidential Proclamation 9563, as issued on January 12, 2017 (54 U.S.C. 320301 note).  (10)Carrizo Plain National Monument, CaliforniaThe Carrizo Plain National Monument established in the State of California by Presidential Proclamation 7393, as issued on January 17, 2001 (54 U.S.C. 320301 note).
(11)Castle Mountains National Monument, CaliforniaThe Castle Mountains National Monument established in the State of California by Presidential Proclamation 9394, as issued on February 12, 2016 (54 U.S.C. 320301 note).  (12)César E. Chávez National Monument, CaliforniaThe César E. Chávez National Monument established in the State of California by Presidential Proclamation 8884, as issued on October 8, 2012 (54 U.S.C. 320301 note).
(13)Fort Ord National Monument, CaliforniaThe Fort Ord National Monument established in the State of California by Presidential Proclamation 8803, as issued on April 20, 2012 (54 U.S.C. 320301 note).  (14)Giant Sequoia National Monument, CaliforniaThe Giant Sequoia National Monument established in the State of California by Presidential Proclamation 7295, as issued on April 15, 2000 (54 U.S.C. 320301 note).
(15)Mojave Trails National Monument, CaliforniaThe Mojave Trails National Monument established in the State of California by Presidential Proclamation 9395, as issued on February 12, 2016 (54 U.S.C. 320301 note).  (16)San Gabriel Mountains National Monument, CaliforniaThe San Gabriel Mountains National Monument established in the State of California by Presidential Proclamation 9194, as issued on October 10, 2014 (54 U.S.C. 320301 note).
(17)Sand to Snow National Monument, CaliforniaThe Sand to Snow National Monument established in the State of California by Presidential Proclamation 9396, as issued on February 12, 2016 (54 U.S.C. 320301 note).  (18)Browns Canyon National Monument, ColoradoThe Browns Canyon National Monument established in the State of Colorado by Presidential Proclamation 9232, as issued on February 19, 2015 (54 U.S.C. 320301 note).
(19)Canyons of the Ancients National Monument, ColoradoThe Canyons of the Ancients National Monument established in the State of Colorado by Presidential Proclamation 7317, as issued on June 9, 2000 (54 U.S.C. 320301 note).  (20)Chimney Rock National Monument, ColoradoThe Chimney Rock National Monument established in the State of Colorado by Presidential Proclamation 8868, as issued on September 21, 2012 (54 U.S.C. 320301 note).
(21)Belmont-Paul Women's Equality National Monument, Washington, DCThe Belmont-Paul Women's Equality National Monument established in Washington, DC, by Presidential Proclamation 9423, as issued on April 12, 2016 (54 U.S.C. 320301 note).  (22)President Lincoln and Soldiers' Home National Monument, Washington, DCThe President Lincoln and Soldiers' Home National Monument established in Washington, DC, by Presidential Proclamation 7329, as issued on July 7, 2000 (54 U.S.C. 320301 note).
(23)Honouliuli National Monument, HawaiiThe Honouliuli National Monument established in the State of Hawaii by Presidential Proclamation 9234, as issued on February 24, 2015 (54 U.S.C. 320301 note).  (24)Pullman National Monument, IllinoisThe Pullman National Monument established in the State of Illinois by Presidential Proclamation 9233, as issued on February 19, 2015 (54 U.S.C. 320301 note).
(25)Camp Nelson National Monument, KentuckyThe Camp Nelson National Monument established in the State of Kentucky by Presidential Proclamation 9811, as issued on October 26, 2018 (83 Fed. Reg. 54845 (October 31, 2018)).  (26)Katahdin Woods and Waters National Monument, MaineThe Katahdin Woods and Waters National Monument established in the State of Maine by Presidential Proclamation 9476, as issued on August 24, 2016 (54 U.S.C. 320301 note).
(27)Pompeys Pillar National Monument, MontanaThe Pompeys Pillar National Monument established in the State of Montana by Presidential Proclamation 7396, as issued on January 17, 2001 (54 U.S.C. 320301 note).  (28)Upper Missouri River Breaks National Monument, MontanaThe Upper Missouri River Breaks National Monument established in the State of Montana by Presidential Proclamation 7398, as issued on January 17, 2001 (54 U.S.C. 320301 note).
(29)Basin and Range National Monument, NevadaThe Basin and Range National Monument established in the State of Nevada by Presidential Proclamation 9297, as issued on July 10, 2015 (54 U.S.C. 320301 note).  (30)Gold Butte National Monument, NevadaThe Gold Butte National Monument established in the State of Nevada by Presidential Proclamation 9559, as issued on December 28, 2016 (54 U.S.C. 320301 note).
(31)Kasha-Katuwe Tent Rocks National Monument, New MexicoThe Kasha-Katuwe Tent Rocks National Monument established in the State of New Mexico by Presidential Proclamation 7394, as issued on January 17, 2001 (54 U.S.C. 320301 note).  (32)Organ Mountains-Desert Peaks National Monument, New MexicoThe Organ Mountains-Desert Peaks National Monument established in the State of New Mexico by Presidential Proclamation 9131, as issued on May 21, 2014 (54 U.S.C. 320301 note).
(33)Río Grande del Norte National Monument, New MexicoThe Río Grande del Norte National Monument established in the State of New Mexico by Presidential Proclamation 8946, as issued on March 25, 2013 (54 U.S.C. 320301 note).  (34)African Burial Ground National Monument, New YorkThe African Burial Ground National Monument established in the State of New York by Presidential Proclamation 7984, as issued on February 27, 2006 (54 U.S.C. 320301 note).
(35)Governors Island National Monument, New YorkThe Governors Island National Monument established in the State of New York by Presidential Proclamation 7647, as issued on February 7, 2003 (54 U.S.C. 320301 note).  (36)Stonewall National Monument, New YorkThe Stonewall National Monument established in the State of New York by Presidential Proclamation 9465, as issued on June 24, 2016 (54 U.S.C. 320301 note).
(37)Charles Young Buffalo Soldiers National Monument, OhioThe Charles Young Buffalo Soldiers National Monument established in the State of Ohio by Presidential Proclamation 8945, as issued on March 25, 2013 (54 U.S.C. 320301 note).  (38)Cascade-Siskiyou National Monument, Oregon and CaliforniaThe Cascade-Siskiyou National Monument established in the States of Oregon and California by Presidential Proclamation 7318, as issued on June 9, 2000 (54 U.S.C. 320301 note), and Presidential Proclamation 9564, as issued on January 12, 2017 (54 U.S.C. 320301 note).
(39)Reconstruction Era National Monument, South CarolinaThe Reconstruction Era National Monument established in the State of South Carolina by Presidential Proclamation 9567, as issued on January 12, 2017 (54 U.S.C. 320301 note).  (40)Waco Mammoth National Monument, TexasThe Waco Mammoth National Monument established in the State of Texas by Presidential Proclamation 9299, as issued on July 10, 2015 (54 U.S.C. 320301 note).
(41)Bears Ears National Monument, UtahThe Bears Ears National Monument established in the State of Utah by Presidential Proclamation 9558, as issued on December 28, 2016 (54 U.S.C. 320301 note), except that the boundaries of the Bears Ears National Monument shall be modified to encompass the approximately 1,931,997 acres of Federal land generally depicted on the map on page 6 of the proposal entitled Proposal to President Barack Obama for the Creation of Bears Ears National Monument, prepared by the Bears Ears Inter-Tribal Coalition, and dated October 15, 2015.  (42)Grand Staircase-Escalante National Monument, UtahThe Grand Staircase-Escalante National Monument established in the State of Utah by Presidential Proclamation 6920, as issued on September 18, 1996 (54 U.S.C. 320301 note).
(43)Fort Monroe National Monument, VirginiaThe Fort Monroe National Monument established in the State of Virginia by Presidential Proclamation 8750, as issued on November 1, 2011 (54 U.S.C. 320301 note).  (44)Hanford Reach National Monument, WashingtonThe Hanford Reach National Monument established in the State of Washington by Presidential Proclamation 7319, as issued on June 9, 2000 (54 U.S.C. 320301 note).
(45)San Juan Islands National Monument, WashingtonThe San Juan Islands National Monument established in the State of Washington by Presidential Proclamation 8947, as issued on March 25, 2013 (54 U.S.C. 320301 note).  (46)Virgin Islands Coral Reef National Monument, United States Virgin IslandsThe Virgin Islands Coral Reef National Monument established in the United States Virgin Islands by Presidential Proclamation 7399, as issued on January 17, 2001 (54 U.S.C. 320301 note).
(47)Northeast Canyons and Seamounts Marine National Monument, Atlantic OceanThe Northeast Canyons and Seamounts Marine National Monument established in the Atlantic Ocean by Presidential Proclamation 9496, as issued on September 15, 2016 (54 U.S.C. 320301 note).  (48)Pacific Remote Islands Marine National Monument, Pacific OceanThe Pacific Remote Islands Marine National Monument established in the Pacific Ocean by Presidential Proclamation 8336, as issued on January 6, 2009 (54 U.S.C. 320301 note), and by Presidential Proclamation 9173, as issued on September 25, 2014 (54 U.S.C. 320301 note).
(49)Rose Atoll Marine National Monument, American SamoaThe Rose Atoll Marine National Monument established in American Samoa and the Pacific Ocean by Presidential Proclamation 8337, as issued on January 6, 2009 (54 U.S.C. 320301 note).  (50)Marianas Trench National Monument, Commonwealth of the Northern Mariana IslandsThe Marianas Trench Marine National Monument established in the Commonwealth of the Northern Mariana Islands and the Pacific Ocean by Presidential Proclamation 8335, as issued on January 6, 2009 (54 U.S.C. 320301 note).
(51)Papahānaumokuākea Marine National Monument, HawaiiThe Papahānaumokuākea Marine National Monument established in the State of Hawaii and the Pacific Ocean by Presidential Proclamation 8031, as issued on June 15, 2006 (54 U.S.C. 320301 note), and Presidential Proclamation 9478, as issued on August 25, 2016 (54 U.S.C. 320301 note).  (52)World War II Valor in the Pacific National Monument, Alaska, California, and HawaiiThe World War II Valor in the Pacific National Monument established in the States of Alaska, California, and Hawaii by Presidential Proclamation 8327, as issued on December 5, 2008 (54 U.S.C. 320301 note).
IINational Monument Enhancement Fund
201.Establishment of Fund
(a)EstablishmentThere is established in the Treasury a fund, to be known as the National Monument Enhancement Fund (referred to in this title as the Fund), consisting of such amounts as are appropriated to the Fund under section 202.  (b)PurposesThe purposes of the Fund are—
(1)to provide funds to the Bureau of Land Management, the Forest Service, the National Park Service, the United States Fish and Wildlife Service, and the National Oceanographic and Atmospheric Administration for the development of management plans for national monuments designated under section 320301 of title 54, United States Code;  (2)to provide funds for the Federal acquisition and development of certain land and other areas; and
(3)to provide funds to develop and enhance the recreational infrastructure on land designated as a national monument under section 320301 of title 54, United States Code.  202.Authorization of appropriationsThere is authorized to be appropriated to the Fund $100,000,000 for fiscal year 2018 and each fiscal year thereafter, to remain available until expended.
IIIEstablishment of certain wilderness areas in the State of New Mexico
301.Organ Mountains-Desert Peaks conservation
(a)DefinitionsIn this section: (1)MonumentThe term Monument means the Organ Mountains-Desert Peaks National Monument established by Presidential Proclamation 9131, as issued on May 21, 2014 (54 U.S.C. 320301 note).
(2)SecretaryThe term Secretary means the Secretary of the Interior.  (3)StateThe term State means the State of New Mexico.
(4)Wilderness areaThe term wilderness area means a wilderness area designated by subsection (b)(1).  (b)Designation of wilderness areas (1)In generalIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness and as components of the National Wilderness Preservation System:
(A)Aden lava flow wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 27,673 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the Aden Lava Flow Wilderness.  (B)Broad canyon wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 13,902 acres, as generally depicted on the map entitled Desert Peaks Complex and dated October 1, 2018, which shall be known as the Broad Canyon Wilderness.
(C)Cinder cone wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,935 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the Cinder Cone Wilderness.  (D)East potrillo mountains wildernessCertain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 12,155 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the East Potrillo Mountains Wilderness.
(E)Mount riley wildernessCertain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 8,382 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the Mount Riley Wilderness.  (F)Organ mountains wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 19,916 acres, as generally depicted on the map entitled Organ Mountains Area and dated September 21, 2016, which shall be known as the Organ Mountains Wilderness, the boundary of which shall be offset 400 feet from the centerline of Dripping Springs Road in T. 23 S., R. 04 E., sec. 7, New Mexico Principal Meridian.
(G)Potrillo mountains wildernessCertain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 105,085 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the Potrillo Mountains Wilderness.  (H)Robledo mountains wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,776 acres, as generally depicted on the map entitled Desert Peaks Complex and dated October 1, 2018, which shall be known as the Robledo Mountains Wilderness.
(I)Sierra de las uvas wildernessCertain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 11,114 acres, as generally depicted on the map entitled Desert Peaks Complex and dated October 1, 2018, which shall be known as the Sierra de las Uvas Wilderness.  (J)Whitethorn wildernessCertain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 9,616 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated September 27, 2018, which shall be known as the Whitethorn Wilderness.
(2)Maps and legal descriptions
(A)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with— (i)the Committee on Energy and Natural Resources of the Senate; and
(ii)the Committee on Natural Resources of the House of Representatives.  (B)Force of lawThe maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions.
(C)Public availabilityThe maps and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.  (3)ManagementSubject to valid existing rights, the wilderness areas shall be administered by the Secretary—
(A)as components of the National Landscape Conservation System; and  (B)in accordance with—
(i)this section; and  (ii)the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(I)any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and  (II)any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(4)Incorporation of acquired land and interests in landAny land or interest in land that is within the boundary of a wilderness area that is acquired by the United States shall— (A)become part of the wilderness area within the boundaries of which the land is located; and
(B)be managed in accordance with— (i)the Wilderness Act (16 U.S.C. 1131 et seq.);
(ii)this section; and  (iii)any other applicable laws.
(5)GrazingGrazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with— (A)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B)the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).  (6)Military overflightsNothing in this subsection restricts or precludes—
(A)low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas;  (B)the designation of new units of special airspace over the wilderness areas; or
(C)the use or establishment of military flight training routes over the wilderness areas.  (7)Buffer zones (A)In generalNothing in this subsection creates a protective perimeter or buffer zone around any wilderness area.
(B)Activities outside wilderness areasThe fact that an activity or use on land outside any wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.  (8)ParaglidingThe use of paragliding within areas of the East Potrillo Mountains Wilderness designated by paragraph (1)(D) in which the use has been established before the date of enactment of this Act, shall be allowed to continue in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), subject to any terms and conditions that the Secretary determines to be necessary.
(9)Climatologic data collectionSubject to such terms and conditions as the Secretary may prescribe, nothing in this section precludes the installation and maintenance of hydrologic, meteorologic, or climatologic collection devices in wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.  (10)Fish and wildlifeNothing in this section affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance with applicable law.
(11)Withdrawals
(A)In generalSubject to valid existing rights, the Federal land within the wilderness areas and any land or interest in land that is acquired by the United States in the wilderness areas after the date of enactment of this Act is withdrawn from— (i)entry, appropriation, or disposal under the public land laws;
(ii)location, entry, and patent under the mining laws; and  (iii)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(B)Parcel bThe approximately 6,498 acres of land generally depicted as Parcel B on the map entitled Organ Mountains Area and dated September 21, 2016, is withdrawn in accordance with subparagraph (A), except that the land is not withdrawn for purposes of the issuance of oil and gas pipeline or road rights-of-way.  (C)Parcel cThe approximately 1,297 acres of land generally depicted as Parcel C on the map entitled Organ Mountains Area and dated September 21, 2016, is withdrawn in accordance with subparagraph (A), except that the land is not withdrawn from disposal under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.).
(D)Parcel d
(i)In generalThe Secretary of the Army shall allow for the conduct of certain recreational activities on the approximately 2,035 acres of land generally depicted as Parcel D on the map entitled Organ Mountains Area and dated September 21, 2016 (referred to in this subparagraph as the parcel), which is a portion of the public land withdrawn and reserved for military purposes by Public Land Order 833 dated May 21, 1952 (17 Fed. Reg. 4822).  (ii)Outdoor recreation plan (I)In generalThe Secretary of the Army shall develop a plan for public outdoor recreation on the parcel that is consistent with the primary military mission of the parcel.
(II)RequirementIn developing the plan under subclause (I), the Secretary of the Army shall ensure, to the maximum extent practicable, that outdoor recreation activities may be conducted on the parcel, including hunting, hiking, wildlife viewing, and camping.  (iii)ClosuresThe Secretary of the Army may close the parcel or any portion of the parcel to the public as the Secretary of the Army determines to be necessary to protect—
(I)public safety; or  (II)the safety of the military members training on the parcel.
(iv)Transfer of administrative jurisdiction; withdrawal
(I)In generalOn a determination by the Secretary of the Army that military training capabilities, personnel safety, and installation security would not be hindered as a result of the transfer to the Secretary of administrative jurisdiction over the parcel, the Secretary of the Army shall transfer to the Secretary administrative jurisdiction over the parcel.  (II)WithdrawalOn transfer of the parcel under subclause (I), the parcel shall be—
(aa)under the jurisdiction of the Director of the Bureau of Land Management; and  (bb)withdrawn from—
(AA)entry, appropriation, or disposal under the public land laws;  (BB)location, entry, and patent under the mining laws; and
(CC)operation of the mineral leasing, mineral materials, and geothermal leasing laws.  (III)ReservationOn transfer under subclause (I), the parcel shall be reserved for management of the resources of, and military training conducted on, the parcel in accordance with a memorandum of understanding entered into under clause (v).
(v)Memorandum of understanding relating to military training
(I)In generalIf, after the transfer of the parcel under clause (iv)(I), the Secretary of the Army requests that the Secretary enter into a memorandum of understanding, the Secretary shall enter into a memorandum of understanding with the Secretary of the Army providing for the conduct of military training on the parcel.  (II)RequirementsThe memorandum of understanding entered into under subclause (I) shall—
(aa)address the location, frequency, and type of training activities to be conducted on the parcel;  (bb)provide to the Secretary of the Army access to the parcel for the conduct of military training;
(cc)authorize the Secretary or the Secretary of the Army to close the parcel or a portion of the parcel to the public as the Secretary or the Secretary of the Army determines to be necessary to protect— (AA)public safety; or
(BB)the safety of the military members training; and  (dd)to the maximum extent practicable, provide for the protection of natural, historic, and cultural resources in the area of the parcel.
(vi)Military overflightsNothing in this subparagraph restricts or precludes— (I)low-level overflights of military aircraft over the parcel, including military overflights that can be seen or heard within the parcel;
(II)the designation of new units of special airspace over the parcel; or  (III)the use or establishment of military flight training routes over the parcel.
(12)Robledo mountains
(A)In generalThe Secretary shall manage the Federal land described in subparagraph (B) in a manner that preserves the character of the land for the future inclusion of the land in the National Wilderness Preservation System.  (B)Land descriptionThe land referred to in subparagraph (A) is certain land administered by the Bureau of Land Management, comprising approximately 100 acres as generally depicted as Lookout Peak Communication Site on the map entitled Desert Peaks Complex and dated October 1, 2018.
(C)UsesThe Secretary shall permit only such uses on the land described in subparagraph (B) as were permitted on the date of enactment of this Act.  (13)Release of wilderness study areasCongress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in Doña Ana County administered by the Bureau of Land Management not designated as wilderness by paragraph (1) or described in paragraph (12)—
(A)has been adequately studied for wilderness designation;  (B)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(C)shall be managed in accordance with— (i)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii)this section; and  (iii)any other applicable laws.
(14)Private landIn accordance with section 5 of the Wilderness Act (16 U.S.C. 1134), the Secretary shall ensure adequate access to non-Federal land located within the boundary of a wilderness area.  (c)Border security (1)In generalNothing in this section—
(A)prevents the Secretary of Homeland Security from undertaking law enforcement and border security activities, in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), within the wilderness areas, including the ability to use motorized access within a wilderness area while in pursuit of a suspect;  (B)affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal land along the borders of the United States; or
(C)prevents the Secretary of Homeland Security from conducting any low-level overflights over the wilderness areas that may be necessary for law enforcement and border security purposes.  (2)Withdrawal and administration of certain area (A)WithdrawalThe area identified as Parcel A on the map entitled Potrillo Mountains Complex and dated September 27, 2018, is withdrawn in accordance with subsection (b)(11)(A).
(B)AdministrationExcept as provided in subparagraphs (C) and (D), the Secretary shall administer the area described in subparagraph (A) in a manner that, to the maximum extent practicable, protects the wilderness character of the area.  (C)Use of motor vehiclesThe use of motor vehicles, motorized equipment, and mechanical transport shall be prohibited in the area described in subparagraph (A) except as necessary for—
(i)the administration of the area (including the conduct of law enforcement and border security activities in the area); or  (ii)grazing uses by authorized permittees.
(D)Effect of subsectionNothing in this paragraph precludes the Secretary from allowing within the area described in subparagraph (A) the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities.  (3)Restricted RouteThe route excluded from the Potrillo Mountains Wilderness identified as Restricted—Administrative Access on the map entitled Potrillo Mountains Complex and dated September 27, 2018, shall be—
(A)closed to public access; but  (B)available for administrative and law enforcement uses, including border security activities.
(d)Organ Mountains-Desert Peaks National Monument
(1)Management planIn preparing and implementing the management plan for the Monument, the Secretary shall include a watershed health assessment to identify opportunities for watershed restoration.  (2)Incorporation of acquired state trust land and interests in state trust land (A)In generalAny land or interest in land that is within the State trust land described in subparagraph (B) that is acquired by the United States shall—
(i)become part of the Monument; and  (ii)be managed in accordance with—
(I)Presidential Proclamation 9131, as issued on May 21, 2014 (54 U.S.C. 320301 note);  (II)this section; and
(III)any other applicable laws.  (B)Description of state trust landThe State trust land referred to in subparagraph (A) is the State trust land in T. 22 S., R. 01 W., New Mexico Principal Meridian and T. 22 S., R. 02 W., New Mexico Principal Meridian.
(3)Land exchanges
(A)In generalSubject to subparagraphs (C) through (F), the Secretary shall attempt to enter into an agreement to initiate an exchange under section 2201.1 of title 43, Code of Federal Regulations (or successor regulations), with the Commissioner of Public Lands of New Mexico, by the date that is 18 months after the date of enactment of this Act, to provide for a conveyance to the State of all right, title, and interest of the United States in and to Bureau of Land Management land in the State identified under subparagraph (B) in exchange for the conveyance by the State to the Secretary of all right, title, and interest of the State in and to parcels of State trust land within the boundary of the Monument identified under that subparagraph or described in paragraph (2)(B).  (B)Identification of land for exchangeThe Secretary and the Commissioner of Public Lands of New Mexico shall jointly identify the Bureau of Land Management land and State trust land eligible for exchange under this paragraph, the exact acreage and legal description of which shall be determined by surveys approved by the Secretary and the New Mexico State Land Office.
(C)Applicable lawA land exchange under subparagraph (A) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).  (D)ConditionsA land exchange under subparagraph (A) shall be subject to—
(i)valid existing rights; and  (ii)such terms as the Secretary and the State shall establish.
(E)Valuation, appraisals, and equalization
(i)In generalThe value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this paragraph— (I)shall be equal, as determined by appraisals conducted in accordance with clause (ii); or
(II)if not equal, shall be equalized in accordance with clause (iii).  (ii)Appraisals (I)In generalThe Bureau of Land Management land and State trust land to be exchanged under this paragraph shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the State.
(II)RequirementsAn appraisal under subclause (I) shall be conducted in accordance with— (aa)the Uniform Appraisal Standards for Federal Land Acquisitions; and
(bb)the Uniform Standards of Professional Appraisal Practice.  (iii)Equalization (I)In generalIf the value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this paragraph is not equal, the value may be equalized by—
(aa)making a cash equalization payment to the Secretary or to the State, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or  (bb)reducing the acreage of the Bureau of Land Management land or State trust land to be exchanged, as appropriate.
(II)Cash equalization paymentsAny cash equalization payments received by the Secretary under subclause (I)(aa) shall be— (aa)deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(bb)used in accordance with that Act.  (F)LimitationNo exchange of land shall be conducted under this paragraph unless mutually agreed to by the Secretary and the State.
302.Cerro del Yuta and Río San Antonio Wilderness Areas
(a)DefinitionsIn this section: (1)MapThe term map means the map entitled Río Grande del Norte National Monument Proposed Wilderness Areas and dated July 28, 2015.
(2)SecretaryThe term Secretary means the Secretary of the Interior.  (3)Wilderness areaThe term wilderness area means a wilderness area designated by subsection (b)(1).
(b)Designation of Cerro del Yuta and Río San Antonio Wilderness Areas
(1)In generalIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Río Grande del Norte National Monument are designated as wilderness and as components of the National Wilderness Preservation System: (A)Cerro del yuta wildernessCertain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the Cerro del Yuta Wilderness.
(B)Río san antonio wildernessCertain land administered by the Bureau of Land Management in Río Arriba County, New Mexico, comprising approximately 8,120 acres, as generally depicted on the map, which shall be known as the Río San Antonio Wilderness.  (2)Management of wilderness areasSubject to valid existing rights, the wilderness areas shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that with respect to the wilderness areas designated by this section—
(A)any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and  (B)any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(3)Incorporation of acquired land and interests in landAny land or interest in land within the boundary of the wilderness areas that is acquired by the United States shall— (A)become part of the wilderness area in which the land is located; and
(B)be managed in accordance with— (i)the Wilderness Act (16 U.S.C. 1131 et seq.);
(ii)this section; and  (iii)any other applicable laws.
(4)GrazingGrazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with— (A)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B)the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).  (5)Buffer zones (A)In generalNothing in this section creates a protective perimeter or buffer zone around the wilderness areas.
(B)Activities outside wilderness areasThe fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.  (6)Release of wilderness study areasCongress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this subsection—
(A)has been adequately studied for wilderness designation;  (B)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(C)shall be managed in accordance with title I.  (7)Maps and legal descriptions (A)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the wilderness areas with—
(i)the Committee on Energy and Natural Resources of the Senate; and  (ii)the Committee on Natural Resources of the House of Representatives.
(B)Force of lawThe map and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map.  (C)Public availabilityThe map and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(8)National landscape conservation systemThe wilderness areas shall be administered as components of the National Landscape Conservation System.  (9)Fish and wildlifeNothing in this section affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public land in the State.
(10)WithdrawalsSubject to valid existing rights, any Federal land within the wilderness areas designated by paragraph (1), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from— (A)entry, appropriation, or disposal under the public land laws;
(B)location, entry, and patent under the mining laws; and  (C)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(11)Treaty rightsNothing in this section enlarges, diminishes, or otherwise modifies any treaty rights.  IVDesignation of wilderness areas in Clark County, Nevada 401.FindingsCongress finds that—
(1)public land administered by the Bureau of Land Management in the County contains unique and spectacular natural, cultural, and historical resources, including— (A)priceless habitat for numerous species of plants and wildlife;
(B)thousands of acres of land that remain in a natural state; and  (C)numerous sites containing significant cultural and historical artifacts; and
(2)continued preservation of the public land would benefit the County and all of the United States by— (A)ensuring the conservation of ecologically diverse habitat;
(B)protecting prehistoric cultural resources;  (C)conserving primitive recreational resources; and
(D)protecting air and water quality.  402.DefinitionsIn this title:
(1)CountyThe term County means Clark County, Nevada.  (2)MapThe term Map means the map entitled Gold Butte National Conservation Area and dated May 23, 2013.
(3)Public landThe term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).  (4)SecretaryThe term Secretary means the Secretary of the Interior.
(5)StateThe term State means the State of Nevada.  (6)Wilderness areaThe term wilderness area means a wilderness area designated by section 403(a).
403.Additions to National Wilderness Preservation System
(a)AdditionsIn furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following public land administered by the Bureau of Land Management in the County is designated as wilderness and as components of the National Wilderness Preservation System: (1)Virgin peak wildernessCertain public land managed by the Bureau of Land Management, comprising approximately 18,296 acres, as generally depicted on the Map, which shall be known as the Virgin Peak Wilderness.
(2)Black ridge wildernessCertain public land managed by the Bureau of Land Management, comprising approximately 18,192 acres, as generally depicted on the Map, which shall be known as the Black Ridge Wilderness.  (3)Bitter ridge north wildernessCertain public land managed by the Bureau of Land Management comprising approximately 15,114 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge North Wilderness.
(4)Bitter ridge south wildernessCertain public land managed by the Bureau of Land Management, comprising approximately 12,646 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge Wilderness.  (5)Billy goat peak wildernessCertain public land managed by the Bureau of Land Management, comprising approximately 30,460 acres, as generally depicted on the Map, which shall be known as the Billy Goat Peak Wilderness.
(6)Million hills wildernessCertain public land managed by the Bureau of Land Management, comprising approximately 24,818 acres, as generally depicted on the Map, which shall be known as the Million Hills Wilderness.  (7)Lime canyon wilderness additionsCertain public land managed by the Bureau of Land Management, comprising approximately 10,069 acres, as generally depicted on the Map, which is incorporated in, and shall be managed as part of, the Lime Canyon Wilderness designated by section 202(a)(9) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107–282).
(b)National landscape conservation systemThe wilderness areas shall be administered as components of the National Landscape Conservation System.  (c)Road offsetThe boundary of any portion of a wilderness area that is bordered by a road shall be at least 100 feet away from the centerline of the road so as not to interfere with public access.
(d)Map and legal description
(1)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.  (2)EffectEach map and legal description under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description.
(3)AvailabilityEach map and legal description under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.  404.Administration (a)ManagementSubject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1)any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and  (2)any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(b)Incorporation of acquired land and interestsAny land or interest in land within the boundaries of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area within which the acquired land or interest is located.  (c)Water rights (1)FindingsCongress finds that—
(A)the land designated as a wilderness area— (i)is within the Mojave Desert;
(ii)is arid in nature; and  (iii)includes ephemeral streams;
(B)the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels;  (C)the subsurface hydrogeology of the region within which the land designated as a wilderness area is located is characterized by ground water subject to local and regional flow gradients and artesian aquifers;
(D)the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities;  (E)there are no actual or proposed water resource facilities and no opportunities for diversion, storage, or other uses of water occurring outside the land designated as a wilderness area that would adversely affect the wilderness or other values of the land; and
(F)because of the unique nature and hydrology of the desert land designated as a wilderness area and the existence of the Clark County Multi-Species Habitat Conservation Plan, it is possible to provide for proper management and protection of the wilderness, perennial springs, and other values of the land in ways different than the methods used in other laws.  (2)Statutory construction (A)No reservationNothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the land designated as a wilderness area.
(B)State rightsNothing in this title affects any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States.  (C)No precedentNothing in this subsection establishes a precedent with regard to any future wilderness designations.
(D)No effect on compactsNothing in this title limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.  (E)Clark county multi-species habitat conservation planNothing in this title limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the land designated as a wilderness area, including specific management actions for the conservation of perennial springs.
(3)Nevada water lawThe Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the land designated as a wilderness area.  (4)New projects (A)Definition (i)In generalIn this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.
(ii)ExclusionIn this paragraph, the term water resource facility does not include wildlife guzzlers.  (B)No licenses or permitsExcept as otherwise provided in this title, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the land designated as a wilderness area.
(d)WithdrawalSubject to valid existing rights, any Federal land within the wilderness areas, including any land or interest in land that is acquired by the United States within the Gold Butte National Monument after the date of enactment of this Act, is withdrawn from— (1)entry, appropriation, or disposal under the public land laws;
(2)location, entry, and patent under the mining laws; and  (3)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
405.Adjacent management
(a)No buffer zonesCongress does not intend for the designation of land as wilderness areas to lead to the creation of protective perimeters or buffer zones around the wilderness areas.  (b)Nonwilderness activitiesThe fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
406.Military, law enforcement, and emergency overflightsNothing in this title restricts or precludes— (1)low-level overflights of military, law enforcement, or emergency medical services aircraft over the area designated as wilderness by this title, including military, law enforcement, or emergency medical services overflights that can be seen or heard within the wilderness area;
(2)flight testing and evaluation; or  (3)the designation or creation of new units of special use airspace, or the establishment of military, law enforcement, or emergency medical services flight training routes, over the wilderness area.
407.Release of wilderness study areas
(a)FindingCongress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in any portion of the wilderness study areas located within the Gold Butte National Monument not designated as a wilderness area has been adequately studied for wilderness designation.  (b)ReleaseAny Bureau of Land Management land described in subsection (a) that is not designated as a wilderness area—
(1)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));  (2)shall be managed in accordance with—
(A)the land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and  (B)cooperative conservation agreements in existence on the date of enactment of this Act; and
(3)shall be subject to— (A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B)title I.  408.Native American cultural and religious usesNothing in this title diminishes—
(1)the rights of any Indian Tribe; or  (2)Tribal rights regarding access to Federal land for Tribal activities, including spiritual, cultural, and traditional food-gathering activities.
409.Wildlife management
(a)In generalIn accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas.  (b)Management activities (1)In generalIn furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support the populations may be carried out within the wilderness areas, if the activities—
(A)are consistent with relevant wilderness management plans; and  (B)are carried out in accordance with appropriate policies, such as those set forth in Appendix B of House Report 101–405.
(2)Use of motorized vehiclesThe management activities under paragraph (1) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would— (A)promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and
(B)accomplish the purposes described in subparagraph (A) with the minimum impact necessary to reasonably accomplish the task.  (c)Existing activitiesConsistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, horses, and burros.
(d)Wildlife water development projectsSubject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if— (1)the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and
(2)the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.  (e)Hunting, fishing, and trapping (1)In generalThe Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas.
(2)ConsultationExcept in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1).  (f)Cooperative agreementThe State, including a designee of the State, may conduct wildlife management activities in the wilderness areas—
(1)in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and  (2)subject to all applicable laws (including regulations).
410.Wildfire, insect, and disease management
(a)In generalIn accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each wilderness area as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).  (b)EffectNothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
411.Climatological data collectionSubject to such terms and conditions as the Secretary may require, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities.


109 HRES 786 IH: Condemning the recent election of the Iranian Ambassador to the United Nations to the position of Vice-chair of the United Nations Disarmament Commission.
U.S. House of Representatives
2006-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. RES. 786
IN THE HOUSE OF REPRESENTATIVES

April 27, 2006
Mr. Ryun of Kansas (for himself, Mr. Tancredo, Mr. McCaul of Texas, Mr. McCotter, Mr. Schwarz of Michigan, Mr. Doolittle, and Mr. Foley) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION
Condemning the recent election of the Iranian Ambassador to the United Nations to the position of Vice-chair of the United Nations Disarmament Commission.

Whereas Iran reportedly is accelerating its nuclear weapons program and claims to have mastered the technology for uranium enrichment;
Whereas the United Nations Security Council has noted with serious concern Iran’s resumption of uranium enrichment-related activities and its suspension of cooperation with the International Atomic Energy Agency (IAEA) and underlined the importance of Iran re-establishing full and sustained suspension of all enrichment-related and reprocessing activities, including research and development;
Whereas Iran has suspended its cooperation with the International Atomic Energy Agency (IAEA);
Whereas on April 10, 2006, the United Nations Disarmament Commission elected the Iranian Ambassador to the United Nations as one of its Vice-chairs;
Whereas the United Nations Disarmament Commission exists to promote disarmament and nuclear non-proliferation; and
Whereas Iran’s election as one of the Vice-chairs of the United Nations Disarmament Commission may further undermine the Commission from effectively addressing nuclear threats: Now, therefore, be it

That the House of Representatives condemns the United Nations Disarmament Commission’s election of the Iranian Ambassador to the United Nations to the position of Vice-chair of the Commission.


I
108th CONGRESS
2d Session
H. R. 5267
IN THE HOUSE OF REPRESENTATIVES

October 7, 2004
Mr. Ortiz introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To improve the security clearance process and increase the number of detention beds along the United States-Mexico border.

1.FindingsCongress finds the following:
(1)The United States must have adequate infrastructure and policies in place under the detention and removal operation of the Department of Homeland Security to protect against terrorists immigrating into the United States.
(2)Other than Mexican (OTM) immigrants, many from countries of interest, are immigrating to the United States and are released at the border on their own recognizance because of the lack of detention capacity.
(3)The Department of Homeland Security estimates that up to 90 percent of these immigrants do not appear for their hearings before the immigration hearing officer.
(4)The Department of Homeland Security needs more personnel at the borders with the necessary security clearances and equipment to adequately screen and detain immigrants coming to the United States through our borders.
2.Improvement in security clearance process and increase in detention beds along the United State-Mexico border
(a)Improvement in security clearance processThe Secretary of Homeland Security shall—
(1)expeditiously implement policies ensuring that personnel of the Department of Homeland Security along the United States-Mexico border have the security clearances required to access information necessary to adequately screen immigrants entering the United States at such border, including IDENT and IAFIS databases and databases used by the Department’s inspectors in secondary inspections; and
(2)develop the interagency agreements and information technology infrastructure necessary for border agents to adequately screen immigrants entering the United States at such border.
(b)Increase in detention bedsSubject to the availability of appropriations, the Secretary of Homeland Security shall increase by 2,000 the number of detention beds in the Port Isabel Service Processing Center at Los Fresnos, Texas.


110 HR 5607 IH: State Secret Protection Act of

U.S. House of Representatives
2008-03-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5607
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2008
			Mr. Nadler (for
			 himself, Mr. Petri,
			 Mr. Conyers, and
			 Mr. Delahunt) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To provide safe, fair, and responsible procedures and
		  standards for resolving claims of state secret privilege.

		1.Short titleThis Act may be cited as the
			 State Secret Protection Act of
			 2008.
		2.State secret
			 privilegeIn any civil action
			 brought in Federal or State court, the Government has a privilege to refuse to
			 give evidence and to prevent any person from giving evidence only if the
			 Government shows that public disclosure of the evidence that the Government
			 seeks to protect would be reasonably likely to cause significant harm to the
			 national defense or the diplomatic relations of the United States.
		3.Protection of
			 secrets
			(a)In
			 generalThe court shall take steps to protect sensitive
			 information that comes before the court in connection with proceedings under
			 this Act. These steps may include reviewing evidence or pleadings and hearing
			 arguments ex parte, issuing protective orders, requiring security clearance for
			 parties or counsel, placing material under seal, and applying security
			 procedures established under the Classified Information Procedures Act for
			 classified information to protect the sensitive information.
			(b)In camera
			 proceedingsAll hearings and other proceedings under this Act may
			 be conducted in camera, as needed to protect information or evidence that may
			 be subject to the privilege.
			(c)Participation of
			 counselParticipation of counsel in proceedings under this Act
			 shall not be limited unless the court determines that the limitation is a
			 necessary step to protect evidence the Government asserts is protected by the
			 privilege or that supports the claim of privilege and that no less restrictive
			 means of protection suffice. The court shall give a written explanation of its
			 decision to the parties and their counsel, which may be placed under
			 seal.
			(d)Production of
			 adequate substitute pending resolution of the claim of privilegeIf at any point during its consideration of
			 the Government’s claim, the court determines that disclosure of information to
			 a party or counsel, or disclosure of information by a party that already
			 possesses it, presents a risk of a harm described in section 2 that cannot be
			 addressed through less restrictive means provided in this section, the court
			 may require the Government to produce an adequate substitute, such as a
			 redacted version, summary of the information, or stipulation regarding the
			 relevant facts, if the court deems such a substitute feasible. The substitute
			 must be reviewed and approved by the court and must provide counsel with a
			 substantially equivalent opportunity to assess and challenge the Government’s
			 claim of privilege as would the protected information.
			4.Assertion of the
			 privilege
			(a)In
			 generalThe Government may assert the privilege in connection
			 with any claim in a civil action to which it is a party or may intervene in a
			 civil action to which it is not a party to do so.
			(b)Supporting
			 affidavitsIf the Government asserts the privilege, the
			 Government shall provide the court with an affidavit signed by the head of the
			 executive branch agency with responsibility for, and control over, the evidence
			 asserted to be subject to the privilege. In the affidavit, the head of the
			 agency shall explain the factual basis for the claim of privilege. The
			 Government shall make public an unclassified version of the affidavit.
			5.Preliminary
			 proceedings
			(a)Preliminary
			 review by courtOnce the
			 Government has asserted the privilege, and before the Court makes any
			 determinations under section 6, the court shall undertake a preliminary review
			 of the information the Government asserts is protected by the privilege and
			 provide the Government an opportunity to seek protective measures under this
			 Act. After any initial protective measures are in place, the Court shall
			 proceed to the consideration of additional preliminary matters under this
			 section.
			(b)Consideration of
			 whether to appoint special master or expert witnessThe court
			 shall consider whether the appointment of a special master with appropriate
			 expertise or an expert witness, or both, would facilitate the court’s duties
			 under this Act.
			(c)Index of
			 materialsThe court may order the Government to provide a
			 manageable index of evidence the Government asserts is subject to the
			 privilege. The index must correlate statements made in the affidavit required
			 under this Act with portions of the evidence the Government asserts is subject
			 to the privilege. The index shall be specific enough to afford the court an
			 adequate foundation to review the basis of the assertion of the privilege by
			 the Government.
			(d)Prehearing
			 conferencesAfter the preliminary review the court shall hold one
			 or more conferences with the parties to—
				(1)determine any
			 steps needed to protect sensitive information;
				(2)define the issues presented by the
			 Government’s claim of privilege, including whether it is possible to allow the
			 parties to complete nonprivileged discovery before determining whether the
			 claim of privilege is valid;
				(3)order disclosure
			 of evidence to the court needed to assess the claim, including all evidence the
			 Government asserts is protected by the privilege and other evidence related to
			 the Government’s claim;
				(4)resolve any
			 disputes regarding participation of counsel or parties in proceedings relating
			 to the claim, including access to the Government’s evidence and
			 arguments;
				(5)set a schedule for
			 completion of discovery related to the Government’s claim; and
				(6)take other steps
			 as needed, such as ordering counsel or parties to obtain security
			 clearances.
				(e)Security
			 clearancesIf the court
			 orders a party or counsel to obtain a security clearance, the Government shall
			 promptly conduct the necessary review and determine whether or not to provide
			 the clearance. If the necessary clearance is not promptly provided to counsel
			 for a party, the party may propose that alternate or additional counsel be
			 cleared. If within a reasonable time, alternative or additional counsel
			 selected by the party cannot be cleared, then the court, in consultation with
			 that party and that party’s counsel, shall appoint another attorney, who can
			 obtain the necessary clearance promptly, to represent the party in proceedings
			 under this Act. When a security clearance for counsel sought under this Act is
			 denied, the court may require the Government to present an ex parte explanation
			 of that denial.
			6.Procedures and
			 standard for assessing the privilege claim
			(a)HearingThe
			 court shall conduct a hearing to determine whether the privilege claim is
			 valid.
			(b)Basis for
			 ruling
				(1)GenerallyThe
			 court may not determine that the privilege is valid until the court has
			 reviewed—
					(A)except as provided
			 in paragraph (2), all of the evidence that the Government asserts is
			 privileged;
					(B)the affidavits,
			 evidence, memoranda and other filings submitted by the parties related to the
			 privilege claim; and
					(C)any other evidence
			 that the court determines it needs to rule on the privilege.
					(2)Sampling in
			 certain casesWhere the volume of evidence the Government asserts
			 is privileged precludes a timely review of each item of evidence, or the court
			 otherwise determines a review of all of that evidence is not feasible, the
			 court may substitute a sufficient sampling of the evidence if the court
			 determines that there is no reasonable possibility that review of the
			 additional evidence would change the court’s determination on the privilege
			 claim and the evidence reviewed is sufficient to enable to court to make the
			 independent assessment required by this section.
				(c)StandardIn ruling on the validity of the privilege,
			 the court shall make an independent assessment of whether the harm identified
			 by the Government, as required by section 2, is reasonably likely to occur
			 should the privilege not be upheld. The court shall weigh testimony from
			 Government experts in the same manner as it does, and along with, any other
			 expert testimony.
			(d)Burden of
			 proofThe Government shall have the burden of proof as to the
			 nature of the harm and as to the likelihood of its occurrence.
			7.Effect of court
			 determination
			(a)In
			 generalIf the court determines that the privilege is not validly
			 asserted as to an item of evidence, the item may be disclosed to a
			 nongovernmental party or admitted at trial, subject to the other rules of
			 evidence. If the court determines that the privilege is validly asserted as to
			 an item, that item shall not be disclosed to a nongovernmental party or the
			 public.
			(b)Nonprivileged
			 substitute
				(1)Court
			 consideration of substituteIf the court finds that the privilege
			 is validly asserted as to an item of material evidence and it is possible to
			 craft a nonprivileged substitute, such as those described in section 3(d), for
			 the privileged evidence that would provide the parties a substantially
			 equivalent opportunity to litigate the case, the court shall order the
			 Government to produce the substitute to the satisfaction of the court.
				(2)Refusal to
			 provideIn a civil action
			 brought against the Government, if the court orders the Government to provide a
			 nonprivileged substitute for evidence or information and the Government fails
			 to comply, in addition to any other appropriate sanctions, the court shall find
			 against the Government on the factual or legal issue to which the privileged
			 information is relevant. If the action is not brought against the Government,
			 the court shall weigh the equities and make appropriate orders as provided in
			 subsection (d).
				(c)Opportunity to
			 complete discoveryThe court shall not resolve any issue or claim
			 and shall not grant a motion to dismiss or motion for summary judgment based on
			 the state secrets privilege and adversely to any party against whom the
			 Government’s privilege claim has been upheld until that party has had a full
			 opportunity to complete discovery of nonprivileged evidence and to litigate the
			 issue or claim to which the privileged evidence is relevant without regard to
			 that privileged information.
			(d)Appropriate
			 orders in the interest of justiceAfter reviewing all available
			 evidence, and only after determining that privileged evidence, for which it is
			 impossible to create a nonprivileged substitute, is necessary to decide a
			 factual or legal issue or claim, the court shall weigh the equities and make
			 appropriate orders in the interest of justice, such as striking the testimony
			 of a witness, finding in favor of or against a party on a factual or legal
			 issue to which the evidence is relevant, or dismissing a claim or
			 counterclaim.
			8.Interlocutory
			 appeal
			(a)In
			 generalThe courts of appeal shall have jurisdiction of an appeal
			 by any party from any interlocutory decision or order of a district court of
			 the United States under this Act.
			(b)Appeal
				(1)In
			 generalAn appeal taken under this section either before or
			 during trial shall be expedited by the court of appeals.
				(2)During
			 trialIf an appeal is taken during trial, the district court
			 shall adjourn the trial until the appeal is resolved and the court of
			 appeals—
					(A)shall hear
			 argument on appeal as expeditiously as possible after adjournment of the trial
			 by the district court;
					(B)may dispense with
			 written briefs other than the supporting materials previously submitted to the
			 trial court;
					(C)shall render its
			 decision as expeditiously as possible after argument on appeal; and
					(D)may dispense with
			 the issuance of a written opinion in rendering its decision.
					9.Reporting
			(a)In
			 generalConsistent with applicable authorities and duties,
			 including those conferred by the Constitution of the United States upon the
			 executive and legislative branches, the Attorney General shall report in
			 writing to the Permanent Select Committee on Intelligence of the House of
			 Representatives, the Select Committee on Intelligence of the Senate, and the
			 chairmen and ranking minority members of the Committees on the Judiciary of the
			 House of Representatives and Senate on any case in which the Government invokes
			 a state secrets privilege, not later than 30 calendar days after the date of
			 such assertion. Each report submitted under this subsection shall include all
			 affidavits filed under this Act by the Government.
			(b)Operation and
			 effectiveness
				(1)In
			 generalThe Attorney General shall deliver to the committees of
			 Congress described in subsection (a) a report concerning the operation and
			 effectiveness of this Act and including suggested amendments to the Act.
				(2)DeadlineThe
			 Attorney General shall submit this report not later than 1 year after the date
			 of enactment of this Act, and every year thereafter until the date that is 3
			 years after that date of enactment. After the date that is 3 years after that
			 date of enactment, the Attorney General shall submit a report under paragraph
			 (1) as necessary.
				10.Rule of
			 constructionThis Act provides
			 the only privilege that may be asserted based on state secrets and the
			 standards and procedures set forth in this Act apply to any assertion of the
			 privilege.
		11.ApplicationThis Act applies to claims pending on or
			 after the date of enactment of this Act. A court also may relieve a party or
			 its legal representative from a final judgment, order, or proceeding that was
			 based, in whole or in part, on the state secrets privilege if—
			(1)the motion for
			 relief is filed with the rendering court within one year of the date of
			 enactment of this Act;
			(2)the underlying
			 judgment, order, or proceeding from which the party seeks relief was entered
			 after January 1, 2002; and
			(3)the claim on which
			 the judgement, order, or proceeding is based is—
				(A)against the
			 Government; or
				(B)arises out of
			 conduct by persons acting in the capacity of a Government officer, employee, or
			 agent.


115 S793 RS: Shark Fin Trade Elimination Act of 2017
U.S. Senate
2017-03-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 675115th CONGRESS2d SessionS. 793[Report No. 115–388]IN THE SENATE OF THE UNITED STATESMarch 30, 2017Mr. Booker (for himself, Mrs. Capito, Ms. Cantwell, Mr. McCain, Mr. Peters, Mr. Inhofe, Mr. Whitehouse, Mr. Wicker, Mr. Blumenthal, Mr. Portman, Mr. Schatz, Mr. Merkley, Mr. Tester, Mr. Heinrich, Mr. Van Hollen, Mrs. Gillibrand, Mr. Menendez, Ms. Baldwin, Mr. Coons, Mrs. Feinstein, Mr. Brown, Mr. Casey, Ms. Harris, Mr. Sanders, Mr. Leahy, Mr. Cardin, Mr. Boozman, Mr. Udall, Ms. Hirono, Mr. Durbin, Ms. Duckworth, Mr. Murphy, Mrs. Murray, Mr. King, Mr. Wyden, Mr. Bennet, Ms. Cortez Masto, Mrs. Shaheen, Mr. Carper, and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationNovember 27, 2018Reported by Mr. Thune, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo prohibit sale of shark fins, and for other purposes.

 1.Short titleThis Act may be cited as the Shark Fin Trade Elimination Act of 2017. 2.FindingsCongress finds the following:
 (1)Sharks are critically important species for their economic, cultural, and ecosystem value. (2)Many shark populations are in peril worldwide and are on the decline.
 (3)One of the greatest threats to sharks is the global trade in shark fins. It is estimated that fins from as many as 73,000,000 sharks end up in the global shark fin trade every year.
 (4)Shark fins have no medicinal or nutritional value. (5)The trade in shark fins is primarily focused on large coastal and pelagic species that grow slowly, mature late, and have low reproduction rates.
 (6)Shark fins are often removed and retained while the remainder of a shark is discarded due to the high market value of shark fins relative to other parts of a shark.
 (7)Shark fins are removed primarily to be commercialized as a fungible commodity.
 (8)Shark finning is the cruel practice in which the fins of a shark are cut off on board a fishing vessel at sea. The remainder of the animal is then thrown back into the water to drown, starve, or die a slow death.
 (9)Although the United States has banned the practice of shark finning aboard vessels in waters controlled by the United States, there is no Federal ban on the removal and sale of shark fins once the fin is brought ashore.
 (10)Once a shark fin is detached from the body, it becomes impossible to determine whether the shark was legally caught or the fin lawfully removed.
 (11)It is difficult to determine which species of shark a fin was removed from, which is problematic because some species are threatened with extinction.
 (12)The States of Texas, Delaware, Hawaii, Illinois, Massachusetts, Maryland, New York, Oregon, Rhode Island, California, and Washington and American Samoa, Guam, and the North Mariana Islands have implemented bans on the sale of shark fins.
 (13)Shark fins possessed, transported, offered for sale, sold, or purchased anywhere in the United States are part of a large international market, having a substantial and direct effect on interstate commerce.
 (14)Abolition of the shark fin trade in the United States will remove the United States from the global shark fin market and will put the United States in a stronger position to advocate internationally for abolishing the shark fin trade in other countries.
			3.Prohibition on sale of shark fins
 (a)ProhibitionExcept as provided in section 4, no person shall possess, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.
 (b)PenaltyA violation of subsection (a) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308(a) of that Act (16 U.S.C. 1858(a)), except that the maximum civil penalty for each violation shall be $100,000, or the fair market value of the shark fins involved, whichever is greater.
 4.ExceptionsA person may possess a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin is separated from the shark in a manner consistent with the license or permit and is—
 (1)destroyed or discarded upon separation; (2)used for noncommercial subsistence purposes in accordance with State or territorial law; or
 (3)used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research.
 5.Definition of shark finIn this Act, the term shark fin means— (1)the raw or dried or otherwise processed detached fin of a shark; or
 (2)the raw or dried or otherwise processed detached tail of a shark.
 6.State authorityNothing in this Act may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this Act.
 7.SeverabilityIf any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

 1.Short titleThis Act may be cited as the Shark Fin Trade Elimination Act of 2017. 2.FindingsCongress finds the following:
 (1)Sharks are critically important species for their economic, cultural, and ecosystem value. (2)Many shark populations are in peril worldwide and are on the decline.
 (3)One of the greatest threats to sharks is the global trade in shark fins. It is estimated that fins from as many as 73,000,000 sharks end up in the global shark fin trade every year.
 (4)Shark fins have no medicinal or nutritional value. (5)The trade in shark fins is primarily focused on large coastal and pelagic species that grow slowly, mature late, and have low reproduction rates.
 (6)Shark fins are often removed and retained while the remainder of a shark is discarded due to the high market value of shark fins relative to other parts of a shark.
 (7)Shark fins are removed primarily to be commercialized as a fungible commodity.
 (8)Shark finning is the cruel practice in which the fins of a shark are cut off on board a fishing vessel at sea. The remainder of the animal is then thrown back into the water to drown, starve, or die a slow death.
 (9)Although the United States has banned the practice of shark finning aboard vessels in waters controlled by the United States, there is no Federal ban on the removal and sale of shark fins once the fin is brought ashore.
 (10)Once a shark fin is detached from the body, it becomes impossible to determine whether the shark was legally caught or the fin lawfully removed.
 (11)It is difficult to determine which species of shark a fin was removed from, which is problematic because some species are threatened with extinction.
 (12)The States of Texas, Delaware, Hawaii, Illinois, Massachusetts, Maryland, New York, Oregon, Rhode Island, California, and Washington and American Samoa, Guam, and the North Mariana Islands have implemented bans on the sale of shark fins.
 (13)Shark fins possessed, transported, offered for sale, sold, or purchased anywhere in the United States are part of a large international market, having a substantial and direct effect on interstate commerce.
 (14)Abolition of the shark fin trade in the United States will remove the United States from the global shark fin market and will put the United States in a stronger position to advocate internationally for abolishing the shark fin trade in other countries.
			3.Prohibition on sale of shark fins
 (a)ProhibitionExcept as provided in section 4, no person shall possess, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.
 (b)PenaltyA violation of subsection (a) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308(a) of that Act (16 U.S.C. 1858(a)), except that the maximum civil penalty for each violation shall be $100,000, or the fair market value of the shark fins involved, whichever is greater.
 4.ExceptionsA person may possess a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin is separated from the shark in a manner consistent with the license or permit and is—
 (1)destroyed or discarded upon separation; (2)used for noncommercial subsistence purposes in accordance with State or territorial law;
 (3)used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research; or
 (4)retained by the license or permit holder for a noncommercial purpose. 5.Dogfish (a)In generalIt shall not be a violation of section 3 for any person to possess, transport, offer for sale, sell, or purchase any fresh or frozen raw fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish).
 (b)ReportBy not later than January 1, 2027, the Secretary of Commerce shall review the exemption contained in subsection (a) and shall prepare and submit to Congress a report that includes a recommendation on whether the exemption contained in subsection (a) should continue or be terminated. In preparing such report and making such recommendation, the Secretary shall analyze factors including—
 (1)the economic viability of dogfish fisheries with and without the continuation of the exemption; (2)the impact to ocean ecosystems of continuing or terminating the exemption;
 (3)the impact on enforcement of the ban contained in section 3 caused by the exemption; and (4)the impact of the exemption on shark conservation.
 6.Definition of shark finIn this Act, the term shark fin means— (1)the raw or dried or otherwise processed detached fin of a shark; or
 (2)the raw or dried or otherwise processed detached tail of a shark.
 7.State authorityNothing in this Act may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this Act.
 8.SeverabilityIf any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.November 27, 2018Reported with an amendment


		II
		Calendar No. 10
		111th CONGRESS
		1st Session
		S. 10
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Reid (for himself,
			 Mr. Conrad, Mr.
			 Levin, Mr. Begich,
			 Mr. Carper, Mr.
			 Durbin, Mrs. Boxer,
			 Mr. Menendez, Mr. Bingaman, Ms.
			 Stabenow, Mrs. McCaskill,
			 Ms. Klobuchar, Mrs. Clinton, Mr.
			 Schumer, Ms. Mikulski, and
			 Mr. Brown) introduced the following bill;
			 which was read the first time

			January 7, 2009
			Read the second time and placed on the
			 calendar

		A BILL
		To restore fiscal discipline and begin to address the
		  long-term fiscal challenges facing the United States, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Fiscal Responsibility Act of
			 2009.
		2.Sense of
			 Congress on fiscal responsibilityIt is the sense of Congress that Congress
			 and the President should restore fiscal discipline and begin to address the
			 long-term fiscal challenges facing the United States through—
			(1)strong
			 pay-as-you-go rules, to help block the approval of measures that would increase
			 the deficit;
			(2)recognition of
			 warnings by both the Government Accountability Office and the Congressional
			 Budget Office that the Federal budget is on an unsustainable path of rising
			 deficits and debt;
			(3)establishment by
			 Congress and the President of a process—
				(A)to
			 analyze—
					(i)the
			 current and long-term actuarial financial condition of the Federal Government;
			 and
					(ii)the gap between
			 the projected revenues and expenditures of the Federal Government;
					(B)to identify
			 factors that affect the long-term fiscal balance of the Federal
			 Government;
				(C)to analyze
			 potential courses of action to address factors that affect the long-term fiscal
			 balance of the Federal Government;
				(D)to seek a
			 bipartisan agreement, or set of agreements, that will—
					(i)significantly
			 improve the Nation's long-term fiscal imbalances and the gap between projected
			 revenues and expenditures;
					(ii)ensure the
			 economic security of the United States; and
					(iii)expand future
			 prosperity and growth for all Americans;
					(4)a thorough review
			 of all Federal spending and tax expenditures by the Director of the Office of
			 Management and Budget, in consultation with the Secretary of the Treasury, that
			 identifies items that are outdated, inefficient, poorly run, unnecessary, or
			 otherwise undeserving of scarce Federal resources or that are in need of
			 reform; and
			(5)a review of the
			 current system of taxation of the United States to ensure that burdens are
			 borne fairly and equitably.

		January 7, 2009
		Read the second time and placed on the
		  calendar


116 S155 IS: Youth Financial Learning Act
U.S. Senate
2019-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 155IN THE SENATE OF THE UNITED STATESJanuary 16, 2019Mr. Jones (for himself, Ms. Hassan, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo improve the financial literacy of secondary school students.

 1.Short titleThis Act may be cited as the Youth Financial Learning Act. 2.Statewide incentive grants for financial literacy education (a)DefinitionsIn this Act, the terms community-based organization, local educational agency, professional development, secondary school, Secretary, State educational agency, and well-rounded education have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
			(b)Grants Authorized
 (1)In GeneralFrom amounts appropriated under subsection (f), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable those State educational agencies to integrate financial literacy education into public secondary schools by carrying out the activities described in paragraph (4).
 (2)DurationA grant awarded under this section shall be for a period of not more than 4 years. (3)ApplicationEach State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including—
 (A)a description of how the State educational agency will award subgrants to local educational agencies;
 (B)a description of how the State educational agency will ensure sustainability of the grant activities after the grant program;
 (C)an assertion that teachers, principals, parents, and students have been consulted in the process of developing the application; and
 (D)a description of how the State educational agency will ensure geographic diversity so that grant activities benefit students in urban, rural, and suburban locations.
					(4)Uses of State funds
 (A)State activitiesEach State educational agency receiving grant funds under this section may use not more than 10 percent of such grant funds—
 (i)for technical assistance; (ii)for curriculum development;
 (iii)to provide guidance to local educational agencies; or (iv)to conduct an evaluation of the impact of financial literacy or personal finance education on students’ understanding of financial literacy concepts.
						(B)Subgrants
 (i)In GeneralEach State educational agency receiving grant funds under this section shall use the remainder of such grant funds to award subgrants to local educational agencies in the State.
 (ii)PriorityIn awarding such subgrants, a State educational agency shall give priority to local educational agencies that—
 (I)serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 1111(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d));
 (II)demonstrate the greatest need for such funds, as determined by the State educational agency; and (III)demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve students' financial literacy and student outcomes.
 (c)Uses of subgrant fundsEach local educational agency receiving a subgrant under this section shall use the subgrant funds— (1)to implement, expand, or sustain, in one or more secondary schools, school-based financial literacy activities and curriculum that is a substantial portion of any class, in order to enhance student understanding of and experimental learning with consumer, economic, entrepreneurship, and personal finance concepts, including personal credit, student loans, and financial aid;
 (2)to promote partnerships between the local educational agency and community based organizations that provide innovative, evidence-based financial literacy activities to secondary school students, which may include after school activities; and
 (3)to promote professional development programs to embed financial literacy or personal finance or entrepreneurship education into a well-rounded education in secondary schools.
 (d)Matching fundsA State educational agency that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to 25 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant.
 (e)Supplement not supplantGrant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this section.
 (f)AppropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2019 and each of the 4 succeeding fiscal years.