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PROBLEM: SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL
FOREST, CALIFORNIA.

(a) Conveyance Required.--Subject to valid existing rights and
settlement of claims as provided in this section, the Secretary of
Agriculture shall convey to KATY 101.3 FM (in this section referred to
as ''KATY'') all right, title and interest of the United States in and
to a parcel of real property consisting of approximately 1.06 acres
within the San Bernardino National Forest in Riverside County,
California, generally located in the north /2\ of section 23,
township 5 south, range 2 east, San Bernardino meridian.
(b) Legal Description.--The Secretary and KATY shall, by mutual
agreement, prepare the legal description of the parcel of real property
to be conveyed under subsection (a), which is generally depicted as
Exhibit A-2 in an appraisal report of the subject parcel dated August
26, 1999, by Paul H. Meiling.
(c) Consideration.--Consideration for the conveyance under
subsection (a) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Any appraisal to determine the
fair market value of the parcel shall be prepared in conformity with
the Uniform Appraisal Standards for Federal Land Acquisition and
approved by the Secretary.
(d) Settlement.--In addition to the consideration referred to in
subsection (c), upon the receipt of $16,600 paid by KATY to the
Secretary, the Secretary shall release KATY from any and all claims of
the United States arising from the occupancy and use of the San
Bernardino National Forest by KATY for communication site purposes.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real property to be
conveyed under subsection (a).
(f) Administrative Costs.--Any costs associated with the creation
of a subdivided parcel, recordation of a survey, zoning, and planning
approval, and similar expenses with respect to the conveyance under
this section, shall be borne by KATY.
(g) Assumption of Liability.--By acceptance of the conveyance of
the parcel of real property referred to in subsection (a), KATY, and
its successors and assigns will indemnify and hold harmless the United
States for any and all liability to General Telephone and Electronics
Corporation (also known as ''GTE'') KATY, and any third party that is
associated with the parcel, including liability for any buildings or
personal property on the parcel belonging to GTE and any other third
parties.
(h) Treatment of Receipts.--All funds received pursuant to this
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds
shall remain available to the Secretary, until expended, for the
acquisition of lands, waters, and interests in land for the inclusion
in the San Bernardino National Forest.
(i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat.
227), is further amended--
(1) by striking the comma after the words ''Secretary of
Agriculture'';
(2) by striking the words ''with the approval of the National
Forest Reservation Commission established by section 4 of the Act
of March 1, 1911 (16 U.S.C. 513),'';
(3) by inserting the words '', real property or interests in
lands,'' after the word ''lands'' the first time it is used;
(4) by striking ''San Bernardino and Cleveland'' and inserting
''San Bernardino, Cleveland and Los Angeles'';
(5) by striking ''county of Riverside'' each place it appears
and inserting ''counties of Riverside and San Bernardino'';
(6) by striking ''as to minimize soil erosion and flood
damage'' and inserting ''for National Forest System purposes''; and
(7) after the ''Provided further, That'', by striking the
remainder of the sentence to the end of the paragraph, and
inserting ''twelve and one-half percent of the monies otherwise
payable to the State of California for the benefit of San
Bernardino County under the aforementioned Act of March 1, 1911 (16
U.S.C. 500) shall be available to be appropriated for expenditure
in furtherance of this Act.''.

SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT
CLARIFYING AMENDMENTS.

The Santa Rosa and San Jacinto Mountains National Monument Act of
2000 is amended as follows:
(1) In the second sentence of section 2(d)(1), by striking
''and the Committee on Agriculture, Nutrition, and Forestry''.
(2) In the second sentence of section 4(a)(3), by striking
''Nothing in this section'' and inserting ''Nothing in this Act''.
(3) In section 4(c)(1), by striking ''any person, including''.
(4) In section 5, by adding at the end the following:
''(j) Wilderness Protection.--Nothing in this Act alters the
management of any areas designated as Wilderness which are within the
boundaries of the National Monument. All such areas shall remain
subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws
designating such areas as Wilderness, and other applicable laws. If any
part of this Act conflicts with any provision of those laws with
respect to the management of the Wilderness areas, such provision shall
control.''.

SEC. 3. TECHNICAL CORRECTION.

The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended
by adding at the end:

''SEC. 7. MISCELLANEOUS PROVISIONS.

''(a) Exchange of Certain Lands with New Mexico.--
''(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall acquire by exchange the
State of New Mexico trust lands located in township 16 north, range
4 east, section 2, and all interests therein, including
improvements, mineral rights and water rights.
''(2) Use of other lands.--In acquiring lands by exchange under
paragraph (1), the Secretary may utilize unappropriated public
lands within the State of New Mexico.
''(3) Value of lands.--The lands exchanged under this
subsection shall be of approximately equal value, and the Secretary
may credit or debit the ledger account established in the
Memorandum of Understanding between the Bureau of Land Management,
the New Mexico State Land Office, and the New Mexico Commissioner
of Public Lands, in order to equalize the values of the lands
exchanged.
''(4) Conveyance.--
''(A) By secretary.--Upon the acquisition of lands under
paragraph (1), the Secretary shall convey all title and
interest to such lands to the Pueblo by sale, exchange or
otherwise, and the Pueblo shall have the exclusive right to
acquire such lands.
''(B) By pueblo.--Upon the acquisition of lands under
subparagraph (A), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
''(b) Other Exchanges of Land.--
''(1) In general.--In order to further the purposes of this
Act--
''(A) the Pueblo may enter into agreements to exchange
restricted lands for lands described in paragraph (2); and
''(B) any land exchange agreements between the Pueblo and
any of the parties to the action referred to in paragraph (2)
that are executed not later than December 31, 2001, shall be
deemed to be approved.
''(2) Lands.--The land described in this paragraph is the land,
title to which was at issue in Pueblo of Santo Domingo v. Rael
(Civil No. 83-1888 (D.N.M.)).
''(3) Land to be held in trust.--Upon the acquisition of lands
under paragraph (1), the Pueblo may convey such land to the
Secretary who shall accept and hold such lands in trust for the
benefit of the Pueblo.
''(4) Rule of construction.--Nothing in this subsection shall
be construed to limit the provisions of section 5(a) relating to
the extinguishment of the land claims of the Pueblo.
''(c) Approval of Certain Resolutions.--All agreements,
transactions, and conveyances authorized by Resolutions 97-010 and C22-
99 as enacted by the Tribal Council of the Pueblo de Cochiti, and
Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo
of Santo Domingo, pertaining to boundary disputes between the Pueblo de
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including
the Pueblo de Cochiti's agreement to relinquish its claim to the
southwest corner of its Spanish Land Grant, to the extent that such
land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any
right to receive compensation from the United States or any other party
with respect to such overlapping lands.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

SOLUTION: Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.
(Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians).
(Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights.
Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands.
Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001.
Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Wind Energy Research and Development
Act of 2009''.

SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.

(a) In General.--The Secretary of Energy shall carry out a program
of research and development to--
(1) improve the energy efficiency, reliability, and
capacity of wind turbines;
(2) optimize the design and adaptability of wind energy
systems to the broadest practical range of atmospheric
conditions; and
(3) reduce the cost of construction, generation, and
maintenance of wind energy systems.
(b) Program.--The program under this section shall focus on
research and development of--
(1) new materials and designs to make larger, lighter, less
expensive, and more reliable rotor blades;
(2) technologies to improve gearbox performance and
reliability;
(3) automation, materials, and assembly of large-scale
components to reduce manufacturing costs;
(4) low-cost transportable towers greater than 100 meters
in height to capitalize on improved wind conditions at higher
elevations;
(5) advanced computational modeling tools to improve--
(A) the reliability of aeroelastic simulations of
wind energy systems;
(B) understanding of the interaction between each
wind turbine component;
(C) siting of wind energy systems to maximize
efficiency and minimize variable generation;
(D) integration of wind energy systems into the
existing electric grid to ensure reliability; and
(E) understanding of the wake effect between upwind
and downwind turbine operations;
(6) advanced control systems and blade sensors to improve
performance and reliability under a wide variety of wind
conditions;
(7) advanced generators, including--
(A) medium-speed and low-speed generators;
(B) direct-drive technology; and
(C) the use of advanced magnets in generator
rotors;
(8) wind technology for offshore applications;
(9) methods to assess and mitigate the effects of wind
energy systems on radar and electromagnetic fields;
(10) wind turbines with a maximum electric power production
capacity of 100 kilowatts or less;
(11) technical processes to enable--
(A) scalability of transmission from remotely
located renewable resource rich areas; and
(B) optimization of advanced infrastructure design,
including high voltage transmission; and
(12) other research areas as determined by the Secretary.

SEC. 3. WIND ENERGY DEMONSTRATION PROGRAM.

(a) In General.--The Secretary of Energy shall conduct a wind
energy demonstration program. In carrying out this section, the
Secretary shall ensure that--
(1) the program is of sufficient size and geographic
diversity to measure wind energy system performance under the
full productive range of wind conditions in the United States;
(2) demonstration projects carried out under this program
are--
(A) conducted in collaboration with industry and,
as appropriate, with academic institutions; and
(B) located in various geographic areas
representing various wind class regimes; and
(3) data collected from demonstration projects carried out
under this program is useful for carrying out section 2(b).
(b) Cost-Sharing.--The Secretary shall carry out the program under
this section in compliance with section 988(a) through (d) and section
989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d)
and 16353).

SEC. 4. EQUAL OPPORTUNITY.

In carrying out this Act, the Secretary of Energy shall--
(1) coordinate with the Office of Minority Economic Impact
and with the Office of Small and Disadvantaged Business
Utilization; and
(2) provide special consideration to applications submitted
by institutions, businesses, or entities containing majority
representation by individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b).

SEC. 5. COMPETITIVE AWARDS.

Awards under section 2 and section 3 shall be made on a competitive
basis with an emphasis on technical merit.

SEC. 6. COORDINATION AND NONDUPLICATION.

To the maximum extent practicable the Secretary of Energy shall
coordinate activities under this Act with other programs of the
Department of Energy and other Federal research programs.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of the fiscal years 2010
through 2014.

Passed the House of Representatives September 9, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.

SOLUTION: Wind Energy Research and Development Act of 2009 - Directs the Secretary of Energy to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind turbines; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of construction, generation, and maintenance of such systems.

Directs the Secretary to conduct a wind energy demonstration program to measure wind energy system performance under the full productive range of wind conditions in the United States.

Requires awards under such programs to be made on a competitive basis with an emphasis on technical merit.

Requires the Secretary, in carrying out this Act, to: (1) coordinate with the Office of Minority Economic Impact and with the Office of Small and Disadvantaged Business Utilization; and (2) provide special consideration to applications submitted by institutions, businesses, or entities containing majority representation of women, minorities, or persons with disabilities in science and engineering.

Authorizes appropriations.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Boating Occupancy and Teaching
Safety Act'' or the ''BOATS Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Flying bridge.--The term ''flying bridge'' means an
open deck above the main navigating bridge of a recreational
vessel.
(2) Passenger.--The term ''passenger'' includes any
individual aboard a vessel.
(3) Recreational vessel.--
(A) In general.--The term ''recreational vessel''
means any vessel of greater than 20 feet and less than
45 feet overall in length, that is--
(i) manufactured or used primarily for
pleasure; or
(ii) leased, rented, or chartered to a
person for the pleasure of that person.
(B) Exclusion.--The term ''recreational vessel''
does not include a vessel that--
(i) is subject to Coast Guard inspection;
(ii) is constructed before January 1, 2016;
and
(iii)(I) is engaged in commercial use; or
(II) carries paying passengers.

SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS.

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) establish standards for determining the maximum
passenger capacity in whole number of passengers and in pounds
for recreational vessels;
(2) require each manufacturer of a passenger vessel to post
such maximum passenger capacity on the passenger vessel as
described in subsection (b); and
(3) require each operator of a passenger vessel to ensure
that--
(A) such maximum passenger capacity is posted as
described in subsection (b) and legible to passengers;
and
(B) notice of the need to balance the weight
carried by the vessel to avoid capsizing is posted as
described in subsection (b) and legible to passengers.
(b) Elements and Locations of Displays.--The maximum passenger
capacity, maximum carrying capacity in pounds, and notice of the need
to balance the carried weight for a passenger vessel shall each be
permanently displayed in a legible matter--
(1) in a location that is clearly visible to a passenger
boarding the passenger vessel; and
(2) on each flying bridge of the vessel, in a location that
is clearly visible to a passenger on the flying bridge.
(c) Penalties.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall publish
regulations that establish appropriate penalties for a manufacturer of
a recreational vessel that does not comply with the requirements of
this section.
(d) Application.--The requirements of this section shall apply to
any recreational vessel manufactured after the date that is 180 days
after the date of the enactment of this Act.

SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS.

(a) Program Acceptance.--Section 13103 of title 46, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (4) by striking ''and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting ''; and''; and
(C) by adding at the end the following:
''(6) contracting practices in accordance with subsection
(e).''; and
(2) by adding at the end the following:
''(e) Contracting.--
''(1) In general.--A State carrying out a State
recreational boating safety program may enter into a contract
with a local government or private entity to have the
government or entity provide boating safety education services
under the program.
''(2) Expenditure requirement.--Each fiscal year, a State
carrying out a State recreational boating safety program shall
expend on contracts described in paragraph (1) not less than 5
percent of the Federal amounts received by that State in that
fiscal year under this chapter.
''(3) Considerations.--In entering into contracts under
paragraph (1), a State shall consider--
''(A) the need for geographic diversity among the
local governments and private entities providing
education services under the contracts;
''(B) the need to have education services that
address the various vessels utilized in the State;
''(C) the need to have education services that
address the various waterways in the State; and
''(D) all the costs related to providing education
services under the contracts that may affect the local
governments and private entities providing the
services.
''(4) Eligibility.--
''(A) In general.--To be eligible to enter into a
contract under paragraph (1), a local government or
private entity shall--
''(i) submit to the appropriate State lead
authority or agency designated under subsection
(a)(4) a detailed proposal for the provision of
boating safety education services; and
''(ii) certify that the government or
entity will not profit financially from
providing the services.
''(B) Exceptions.--
''(i) Existing providers.--Subparagraph
(A)(i) does not apply to a local government or
private entity that provided boating safety
education services before the date of enactment
of this subsection under standards established
by the relevant State.
''(ii) 501(c)(3) organizations.--
Subparagraph (A)(ii) does not apply to an
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code
if the organization certifies to the relevant
State that all relevant profits will be used to
advance boating safety.
''(5) Education services criteria.--The Secretary, in
consultation with States and relevant stakeholders, shall
establish criteria for the boating safety education services
provided by local governments and private entities under this
subsection. Using the criteria, a State shall establish
outlines specifying the requirements for education services in
that State and education services in that State shall be
provided in accordance with the outlines.
''(6) Additional contracting.--A local government that
enters into a contract under paragraph (1) to provide boating
safety education services may contract with a private entity to
receive assistance with the provision of those services.
''(7) Advertising.--A local government or private entity
that enters into a contract under paragraph (1) to provide
boating safety education services may utilize funds provided
under that contract to advertise such services.
''(8) Report.--Each fiscal year, a State that entered into
contracts under this subsection shall submit to the Secretary a
report specifying the governments and entities contracted with
in that fiscal year.''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by
striking ''the MAP-21'' and inserting ''Boating Occupancy and Teaching
Safety Act''.

SOLUTION:
Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing. Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel. Amends federal shipping law to revise state recreational boating safety program requirements. Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program. Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act).