U.S. Congress - Text of S.2739 as Enrolled Bill Consolidated Natural Resources Act of 2008
The easiest way to email your members of Congress
Donate NowS.2739 - Consolidated Natural Resources Act of 2008
A bill to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Placed on Calendar Senate | 55,062 | n/a | n/a |
| Engrossed in Senate | 55,216 | 16 | 0% |
| Enrolled Bill | 52,914 | 17 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
S 2739 ES
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Consolidated Natural Resources Act of 2008'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--FOREST SERVICE AUTHORIZATIONS
Sec. 101. Wild Sky Wilderness.CommentsClose CommentsPermalink
Sec. 102. Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives.CommentsClose CommentsPermalink
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Sec. 201. Piedras Blancas Historic Light Station.CommentsClose CommentsPermalink
Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area.CommentsClose CommentsPermalink
Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada.CommentsClose CommentsPermalink
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
Sec. 301. Cooperative agreements for national park natural resource protection.CommentsClose CommentsPermalink
Subtitle B--Boundary Adjustments and Authorizations
Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment.CommentsClose CommentsPermalink
Sec. 312. Lowell National Historical Park boundary adjustment.CommentsClose CommentsPermalink
Sec. 313. Minidoka National Historic Site.CommentsClose CommentsPermalink
Sec. 314. Acadia National Park improvement.CommentsClose CommentsPermalink
Subtitle C--Studies
Sec. 321. National Park System special resource study, Newtonia Civil War Battlefields, Missouri.CommentsClose CommentsPermalink
Sec. 322. National Park Service study regarding the Soldiers' Memorial Military Museum.CommentsClose CommentsPermalink
Sec. 323. Wolf House study.CommentsClose CommentsPermalink
Sec. 324. Space Shuttle Columbia study.CommentsClose CommentsPermalink
Sec. 325. Cesar E. Chavez study.CommentsClose CommentsPermalink
Sec. 326. Taunton, Massachusetts, special resource study.CommentsClose CommentsPermalink
Sec. 327. Rim of the Valley Corridor study.CommentsClose CommentsPermalink
Subtitle D--Memorials, Commissions, and Museums
Sec. 331. Commemorative work to honor Brigadier General Francis Marion and his family.CommentsClose CommentsPermalink
Sec. 332. Dwight D. Eisenhower Memorial Commission.CommentsClose CommentsPermalink
Sec. 333. Commission to Study the Potential Creation of a National Museum of the American Latino.CommentsClose CommentsPermalink
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration Commission.CommentsClose CommentsPermalink
Sec. 335. Sense of Congress regarding the designation of the Museum of the American Quilter's Society of the United States.CommentsClose CommentsPermalink
Sec. 336. Sense of Congress regarding the designation of the National Museum of Wildlife Art of the United States.CommentsClose CommentsPermalink
Sec. 337. Redesignation of Ellis Island Library.CommentsClose CommentsPermalink
Subtitle E--Trails and Rivers
Sec. 341. Authorization and administration of Star-Spangled Banner National Historic Trail.CommentsClose CommentsPermalink
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail, Nebraska.CommentsClose CommentsPermalink
Sec. 343. Lewis and Clark National Historic Trail extension.CommentsClose CommentsPermalink
Sec. 344. Wild and scenic River designation, Eightmile River, Connecticut.CommentsClose CommentsPermalink
Subtitle F--Denali National Park and Alaska Railroad Exchange
Sec. 351. Denali National Park and Alaska Railroad Corporation exchange.CommentsClose CommentsPermalink
Subtitle G--National Underground Railroad Network to Freedom Amendments
Sec. 361. Authorizing appropriations for specific purposes.CommentsClose CommentsPermalink
Subtitle H--Grand Canyon Subcontractors
Sec. 371. Definitions.CommentsClose CommentsPermalink
Sec. 372. Authorization.CommentsClose CommentsPermalink
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
Sec. 401. Purposes.CommentsClose CommentsPermalink
Sec. 402. Definitions.CommentsClose CommentsPermalink
Sec. 403. Designation of the Journey Through Hallowed Ground National Heritage Area.CommentsClose CommentsPermalink
Sec. 404. Management plan.CommentsClose CommentsPermalink
Sec. 405. Evaluation; report.CommentsClose CommentsPermalink
Sec. 406. Local coordinating entity.CommentsClose CommentsPermalink
Sec. 407. Relationship to other Federal agencies.CommentsClose CommentsPermalink
Sec. 408. Private property and regulatory protections.CommentsClose CommentsPermalink
Sec. 409. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 410. Use of Federal funds from other sources.CommentsClose CommentsPermalink
Sec. 411. Sunset for grants and other assistance.CommentsClose CommentsPermalink
Subtitle B--Niagara Falls National Heritage Area
Sec. 421. Purposes.CommentsClose CommentsPermalink
Sec. 422. Definitions.CommentsClose CommentsPermalink
Sec. 423. Designation of the Niagara Falls National Heritage Area.CommentsClose CommentsPermalink
Sec. 424. Management plan.CommentsClose CommentsPermalink
Sec. 425. Evaluation; report.CommentsClose CommentsPermalink
Sec. 426. Local coordinating entity.CommentsClose CommentsPermalink
Sec. 427. Niagara Falls Heritage Area Commission.CommentsClose CommentsPermalink
Sec. 428. Relationship to other Federal agencies.CommentsClose CommentsPermalink
Sec. 429. Private property and regulatory protections.CommentsClose CommentsPermalink
Sec. 430. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 431. Use of Federal funds from other sources.CommentsClose CommentsPermalink
Sec. 432. Sunset for grants and other assistance.CommentsClose CommentsPermalink
Subtitle C--Abraham Lincoln National Heritage Area
Sec. 441. Purposes.CommentsClose CommentsPermalink
Sec. 442. Definitions.CommentsClose CommentsPermalink
Sec. 443. Designation of Abraham Lincoln National Heritage Area.CommentsClose CommentsPermalink
Sec. 444. Management plan.CommentsClose CommentsPermalink
Sec. 445. Evaluation; report.CommentsClose CommentsPermalink
Sec. 446. Local coordinating entity.CommentsClose CommentsPermalink
Sec. 447. Relationship to other Federal agencies.CommentsClose CommentsPermalink
Sec. 448. Private property and regulatory protections.CommentsClose CommentsPermalink
Sec. 449. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 450. Use of Federal funds from other sources.CommentsClose CommentsPermalink
Sec. 451. Sunset for grants and other assistance.CommentsClose CommentsPermalink
Subtitle D--Authorization Extensions and Viability Studies
Sec. 461. Extensions of authorized appropriations.CommentsClose CommentsPermalink
Sec. 462. Evaluation and report.CommentsClose CommentsPermalink
Subtitle E--Technical Corrections and Additions
Sec. 471. National Coal Heritage Area technical corrections.CommentsClose CommentsPermalink
Sec. 472. Rivers of steel national heritage area addition.CommentsClose CommentsPermalink
Sec. 473. South Carolina National Heritage Corridor addition.CommentsClose CommentsPermalink
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical corrections.CommentsClose CommentsPermalink
Sec. 475. New Jersey Coastal Heritage trail route extension of authorization.CommentsClose CommentsPermalink
Subtitle F--Studies
Sec. 481. Columbia-Pacific National Heritage Area study.CommentsClose CommentsPermalink
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.CommentsClose CommentsPermalink
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 501. Alaska water resources study.CommentsClose CommentsPermalink
Sec. 502. Renegotiation of payment schedule, Redwood Valley County Water District.CommentsClose CommentsPermalink
Sec. 503. American River Pump Station Project transfer.CommentsClose CommentsPermalink
Sec. 504. Arthur V. Watkins Dam enlargement.CommentsClose CommentsPermalink
Sec. 505. New Mexico water planning assistance.CommentsClose CommentsPermalink
Sec. 506. Conveyance of certain buildings and lands of the Yakima Project, Washington.CommentsClose CommentsPermalink
Sec. 507. Conjunctive use of surface and groundwater in Juab County, Utah.CommentsClose CommentsPermalink
Sec. 508. Early repayment of A & B Irrigation District construction costs.CommentsClose CommentsPermalink
Sec. 509. Oregon water resources.CommentsClose CommentsPermalink
Sec. 510. Republican River Basin feasibility study.CommentsClose CommentsPermalink
Sec. 511. Eastern Municipal Water District.CommentsClose CommentsPermalink
Sec. 512. Bay Area regional water recycling program.CommentsClose CommentsPermalink
Sec. 513. Bureau of Reclamation site security.CommentsClose CommentsPermalink
Sec. 514. More water, more energy, and less waste.CommentsClose CommentsPermalink
Sec. 515. Platte River Recovery Implementation Program and Pathfinder Modification Project authorization.CommentsClose CommentsPermalink
Sec. 516. Central Oklahoma Master Conservatory District feasibility study.CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
Sec. 601. Energy technology transfer.CommentsClose CommentsPermalink
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988.CommentsClose CommentsPermalink
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
Sec. 701. Statement of congressional intent.CommentsClose CommentsPermalink
Sec. 702. Immigration reform for the Commonwealth.CommentsClose CommentsPermalink
Sec. 703. Further amendments to
Sec. 704. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 705. Effective date.CommentsClose CommentsPermalink
Subtitle B--Northern Mariana Islands Delegate
Sec. 711. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink
Sec. 712. Election of Delegate.CommentsClose CommentsPermalink
Sec. 713. Qualifications for Office of Delegate.CommentsClose CommentsPermalink
Sec. 714. Determination of election procedure.CommentsClose CommentsPermalink
Sec. 715. Compensation, privileges, and immunities.CommentsClose CommentsPermalink
Sec. 716. Lack of effect on covenant.CommentsClose CommentsPermalink
Sec. 717. Definition.CommentsClose CommentsPermalink
Sec. 718. Conforming amendments regarding appointments to military service academies by Delegate from the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink
TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS
Sec. 801. Approval of Agreements.CommentsClose CommentsPermalink
Sec. 802. Funds to facilitate Federal activities.CommentsClose CommentsPermalink
Sec. 803. Conforming amendment.CommentsClose CommentsPermalink
Sec. 804. Clarifications regarding Palau.CommentsClose CommentsPermalink
Sec. 805. Availability of legal services.CommentsClose CommentsPermalink
Sec. 806. Technical amendments.CommentsClose CommentsPermalink
Sec. 807. Transmission of videotape programming.CommentsClose CommentsPermalink
Sec. 808. Palau road maintenance.CommentsClose CommentsPermalink
Sec. 809. Clarification of tax-free status of trust funds.CommentsClose CommentsPermalink
Sec. 810. Transfer of naval vessels to certain foreign recipients.CommentsClose CommentsPermalink
TITLE I--FOREST SERVICE AUTHORIZATIONS
(a) Additions to the National Wilderness Preservation System-CommentsClose CommentsPermalink
(1) ADDITIONS- The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled `Wild Sky Wilderness Proposal' and dated February 6, 2007, which shall be known as the `Wild Sky Wilderness'.CommentsClose CommentsPermalink
(2) MAP AND LEGAL DESCRIPTIONS- As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this section with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture.CommentsClose CommentsPermalink
(b) Administration Provisions-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) Subject to valid existing rights, lands designated as wilderness by this section shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (
(B) To fulfill the purposes of this section and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this section as a comprehensive part of the larger complex of adjacent and nearby wilderness areas.CommentsClose CommentsPermalink
(2) NEW TRAILS-CommentsClose CommentsPermalink
(A) The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop--CommentsClose CommentsPermalink
(i) a system of hiking and equestrian trails within the wilderness designated by this section in a manner consistent with the Wilderness Act (
(ii) a system of trails adjacent to or to provide access to the wilderness designated by this section.CommentsClose CommentsPermalink
(B) Within 2 years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this section. This report shall include the identification of priority trails for development.CommentsClose CommentsPermalink
(3) REPEATER SITE- Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services.CommentsClose CommentsPermalink
(4) FLOAT PLANE ACCESS- As provided by section 4(d)(1) of the Wilderness Act (
(5) EVERGREEN MOUNTAIN LOOKOUT- The designation under this section shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Authorization for Land Acquisition-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Agriculture is authorized to acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as `Priority Acquisition Lands' on the map described in subsection (a)(1). The boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section.CommentsClose CommentsPermalink
(2) ACCESS- Consistent with section 5(a) of the Wilderness Act (
(3) APPRAISAL- Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this section.CommentsClose CommentsPermalink
(d) Land Exchanges- The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled `Chelan County Public Utility District Exchange' and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions:CommentsClose CommentsPermalink
(1) If the Chelan County Public Utility District, within 90 days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands.CommentsClose CommentsPermalink
(2) Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington.CommentsClose CommentsPermalink
(3) The exchange directed by this section shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary.CommentsClose CommentsPermalink
(4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.CommentsClose CommentsPermalink
(a) Designation- Forest Service trail number 3590 in the Willamette National Forest in Lane County, Oregon, which is a 19.6 mile trail that begins and ends at North Waldo Campground and circumnavigates Waldo Lake, is hereby designated as a national recreation trail under section 4 of the National Trails System Act (
(b) Interpretive Sign- Using funds available for the Forest Service, the Secretary of Agriculture shall prepare, install, and maintain an appropriate sign at the trailhead of the Jim Weaver Loop Trail to indicate the name of the trail and to provide information regarding the life and career of Congressman Jim Weaver.CommentsClose CommentsPermalink
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) LIGHT STATION- The term `Light Station' means Piedras Blancas Light Station.CommentsClose CommentsPermalink
(2) OUTSTANDING NATURAL AREA- The term `Outstanding Natural Area' means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c).CommentsClose CommentsPermalink
(3) PUBLIC LANDS- The term `public lands' has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Findings- Congress finds as follows:CommentsClose CommentsPermalink
(1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations.CommentsClose CommentsPermalink
(2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world.CommentsClose CommentsPermalink
(3) The Light Station tells an important story about California's coastal prehistory and history in the context of the surrounding region and communities.CommentsClose CommentsPermalink
(4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes.CommentsClose CommentsPermalink
(5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California.CommentsClose CommentsPermalink
(6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups.CommentsClose CommentsPermalink
(7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior's Bureau of Land Management.CommentsClose CommentsPermalink
(8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States.CommentsClose CommentsPermalink
(c) Designation of the Piedras Blancas Historic Light Station Outstanding Natural Area-CommentsClose CommentsPermalink
(1) IN GENERAL- In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area.CommentsClose CommentsPermalink
(2) MAPS AND LEGAL DESCRIPTIONS- The boundaries of the Outstanding Natural Area as those shown on the map entitled `Piedras Blancas Historic Light Station: Outstanding Natural Area', dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California.CommentsClose CommentsPermalink
(3) BASIS OF MANAGEMENT- The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (
(4) WITHDRAWAL- Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from--CommentsClose CommentsPermalink
(A) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(B) location, entry, and patent under the public land mining laws; andCommentsClose CommentsPermalink
(C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.CommentsClose CommentsPermalink
(d) Management of the Piedras Blancas Historic Light Station Outstanding Natural Area-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements of subsection (c)(3).CommentsClose CommentsPermalink
(2) USES- Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in subsection (c)(1).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- Not later than 3 years after of the date of enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (
(A) provisions designed to ensure the protection of the resources and values described in subsection (c)(1);CommentsClose CommentsPermalink
(B) objectives to restore the historic Light Station and ancillary buildings;CommentsClose CommentsPermalink
(C) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community;CommentsClose CommentsPermalink
(D) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in paragraph (1) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; andCommentsClose CommentsPermalink
(E) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (
(4) COOPERATIVE AGREEMENTS- In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (
(5) RESEARCH ACTIVITIES- In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in subsection (c)(1) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (
(6) ACQUISITION- State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by--CommentsClose CommentsPermalink
(A) donation;CommentsClose CommentsPermalink
(B) exchange with a willing party; orCommentsClose CommentsPermalink
(C) purchase from a willing seller.CommentsClose CommentsPermalink
(7) ADDITIONS TO THE OUTSTANDING NATURAL AREA- Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Outstanding Natural Area.CommentsClose CommentsPermalink
(8) OVERFLIGHTS- Nothing in this section or the management plan shall be construed to--CommentsClose CommentsPermalink
(A) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area;CommentsClose CommentsPermalink
(B) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; orCommentsClose CommentsPermalink
(C) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary.CommentsClose CommentsPermalink
(9) LAW ENFORCEMENT ACTIVITIES- Nothing in this section shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area.CommentsClose CommentsPermalink
(10) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this subsection, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of
(11) NO BUFFER ZONES- The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this section can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COMMANDANT- The term `Commandant' means the Commandant of the Coast Guard.CommentsClose CommentsPermalink
(2) LIGHTHOUSE- The term `Lighthouse' means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida.CommentsClose CommentsPermalink
(3) LOCAL PARTNERS- The term `Local Partners' includes--CommentsClose CommentsPermalink
(A) Palm Beach County, Florida;CommentsClose CommentsPermalink
(B) the Town of Jupiter, Florida;CommentsClose CommentsPermalink
(C) the Village of Tequesta, Florida; andCommentsClose CommentsPermalink
(D) the Loxahatchee River Historical Society.CommentsClose CommentsPermalink
(4) MANAGEMENT PLAN- The term `management plan' means the management plan developed under subsection (c)(1).CommentsClose CommentsPermalink
(5) MAP- The term `map' means the map entitled `Jupiter Inlet Lighthouse Outstanding Natural Area' and dated October 29, 2007.CommentsClose CommentsPermalink
(6) OUTSTANDING NATURAL AREA- The term `Outstanding Natural Area' means the Jupiter Inlet Lighthouse Outstanding Natural Area established by subsection (b)(1).CommentsClose CommentsPermalink
(7) PUBLIC LAND- The term `public land' has the meaning given the term `public lands' in section 103(e) of the Federal Land Policy and Management Act of 1976 (
(8) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(9) STATE- The term `State' means the State of Florida.CommentsClose CommentsPermalink
(b) Establishment of the Jupiter Inlet Lighthouse Outstanding Natural Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Subject to valid existing rights, there is established for the purposes described in paragraph (2) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the Outstanding Natural Area are to protect, conserve, and enhance the unique and nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land surrounding the Lighthouse for the benefit of present generations and future generations of people in the United States, while--CommentsClose CommentsPermalink
(A) allowing certain recreational and research activities to continue in the Outstanding Natural Area; andCommentsClose CommentsPermalink
(B) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Outstanding Natural Area.CommentsClose CommentsPermalink
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(4) WITHDRAWAL-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to valid existing rights, subsection (e), and any existing withdrawals under the Executive orders and public land order described in subparagraph (B), the Federal land and any interests in the Federal land included in the Outstanding Natural Area are withdrawn from--CommentsClose CommentsPermalink
(i) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(ii) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(iii) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.CommentsClose CommentsPermalink
(B) DESCRIPTION OF EXECUTIVE ORDERS- The Executive orders and public land order described in subparagraph (A) are--CommentsClose CommentsPermalink
(i) the Executive Order dated October 22, 1854;CommentsClose CommentsPermalink
(ii) Executive Order No. 4254 (June 12, 1925); andCommentsClose CommentsPermalink
(iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).CommentsClose CommentsPermalink
(c) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Commandant, shall develop a comprehensive management plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (
(A) provide long-term management guidance for the public land in the Outstanding Natural Area; andCommentsClose CommentsPermalink
(B) ensure that the Outstanding Natural Area fulfills the purposes for which the Outstanding Natural Area is established.CommentsClose CommentsPermalink
(2) CONSULTATION; PUBLIC PARTICIPATION- The management plan shall be developed--CommentsClose CommentsPermalink
(A) in consultation with appropriate Federal, State, county, and local government agencies, the Commandant, the Local Partners, and other partners; andCommentsClose CommentsPermalink
(B) in a manner that ensures full public participation.CommentsClose CommentsPermalink
(3) EXISTING PLANS- The management plan shall, to the maximum extent practicable, be consistent with existing resource plans, policies, and programs.CommentsClose CommentsPermalink
(4) INCLUSIONS- The management plan shall include--CommentsClose CommentsPermalink
(A) objectives and provisions to ensure--CommentsClose CommentsPermalink
(i) the protection and conservation of the resource values of the Outstanding Natural Area; andCommentsClose CommentsPermalink
(ii) the restoration of native plant communities and estuaries in the Outstanding Natural Area, with an emphasis on the conservation and enhancement of healthy, functioning ecological systems in perpetuity;CommentsClose CommentsPermalink
(B) objectives and provisions to maintain or recreate historic structures;CommentsClose CommentsPermalink
(C) an implementation plan for a program of interpretation and public education about the natural and cultural resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures;CommentsClose CommentsPermalink
(D) a proposal for administrative and public facilities to be developed or improved that--CommentsClose CommentsPermalink
(i) are compatible with achieving the resource objectives for the Outstanding Natural Area described in subsection (d)(1)(A)(ii); andCommentsClose CommentsPermalink
(ii) would accommodate visitors to the Outstanding Natural Area;CommentsClose CommentsPermalink
(E) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed in consultation with appropriate departments of the State, the Local Partners, and the Commandant, with an emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and long-term scientific uses of the resources; andCommentsClose CommentsPermalink
(F) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local Partners, appropriate departments of the State, and the Coast Guard, with an emphasis on passive recreation.CommentsClose CommentsPermalink
(5) INTERIM PLAN- Until a management plan is adopted for the Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) shall be in effect.CommentsClose CommentsPermalink
(d) Management of the Jupiter Inlet Lighthouse Outstanding Natural Area-CommentsClose CommentsPermalink
(1) MANAGEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, in consultation with the Local Partners and the Commandant, shall manage the Outstanding Natural Area--CommentsClose CommentsPermalink
(i) as part of the National Landscape Conservation System;CommentsClose CommentsPermalink
(ii) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems; andCommentsClose CommentsPermalink
(iii) in accordance with the Federal Land Policy and Management Act of 1976 (
(B) LIMITATION- In managing the Outstanding Natural Area, the Secretary shall not take any action that precludes, prohibits, or otherwise affects the conduct of ongoing or future Coast Guard operations or activities on lots 16 and 18, as depicted on the map.CommentsClose CommentsPermalink
(2) USES- Subject to valid existing rights and subsection (e), the Secretary shall only allow uses of the Outstanding Natural Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further the purposes for which the Outstanding Natural Area is established.CommentsClose CommentsPermalink
(3) COOPERATIVE AGREEMENTS- To facilitate implementation of the management plan and to continue the successful partnerships with local communities and other partners, the Secretary may, in accordance with section 307(b) of the Federal Land Management Policy and Management Act of 1976 (
(4) RESEARCH ACTIVITIES- To continue successful research partnerships, pursue future research partnerships, and assist in the development and implementation of the management plan, the Secretary may, in accordance with section 307(a) of the Federal Land Policy and Management Act of 1976 (
(5) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), the Secretary may acquire for inclusion in the Outstanding Natural Area any State or private land or any interest in State or private land that is--CommentsClose CommentsPermalink
(i) adjacent to the Outstanding Natural Area; andCommentsClose CommentsPermalink
(ii) identified in the management plan as appropriate for acquisition.CommentsClose CommentsPermalink
(B) MEANS OF ACQUISITION- Land or an interest in land may be acquired under subparagraph (A) only by donation, exchange, or purchase from a willing seller with donated or appropriated funds.CommentsClose CommentsPermalink
(C) ADDITIONS TO THE OUTSTANDING NATURAL AREA- Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act under subparagraph (A) shall be added to, and administered as part of, the Outstanding Natural Area.CommentsClose CommentsPermalink
(6) LAW ENFORCEMENT ACTIVITIES- Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects--CommentsClose CommentsPermalink
(A) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard;CommentsClose CommentsPermalink
(B) any border security operation or law enforcement activity by the Department of Homeland Security or the Department of Justice; orCommentsClose CommentsPermalink
(C) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding Natural Area.CommentsClose CommentsPermalink
(7) FUTURE DISPOSITION OF COAST GUARD FACILITIES- If the Commandant determines, after the date of enactment of this Act, that Coast Guard facilities within the Outstanding Natural Area exceed the needs of the Coast Guard, the Commandant may relinquish the facilities to the Secretary without removal, subject only to any environmental remediation that may be required by law.CommentsClose CommentsPermalink
(e) Effect on Ongoing and Future Coast Guard Operations- Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects ongoing or future Coast Guard operations or activities in the Outstanding Natural Area, including--CommentsClose CommentsPermalink
(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on lot 16;CommentsClose CommentsPermalink
(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the military family housing area on lot 18;CommentsClose CommentsPermalink
(3) the continued and future use of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier on lot 18;CommentsClose CommentsPermalink
(4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical Society; orCommentsClose CommentsPermalink
(5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots 16 and 18.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
(a) In General- Notwithstanding any other provision of law, Clark County, Nevada, may convey, without consideration, to the Nevada Division of State Lands for use by the Nevada National Guard approximately 51 acres of land in Clark County, Nevada, as generally depicted on the map entitled `Southern Nevada Readiness Center Act' and dated October 4, 2005.CommentsClose CommentsPermalink
(b) Limitation- If the land described in subsection (a) ceases to be used by the Nevada National Guard, the land shall revert to Clark County, Nevada, for management in accordance with the Southern Nevada Public Land Management Act of 1998 (
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
(a) In General- The Secretary of the Interior (referred to in this section as the `Secretary') may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of units of the National Park System through collaborative efforts on land inside and outside of National Park System units.CommentsClose CommentsPermalink
(b) Terms and Conditions- A cooperative agreement entered into under subsection (a) shall provide clear and direct benefits to park natural resources and--CommentsClose CommentsPermalink
(1) provide for--CommentsClose CommentsPermalink
(A) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;CommentsClose CommentsPermalink
(B) preventing, controlling, or eradicating invasive exotic species that are within a unit of the National Park System or adjacent to a unit of the National Park System; orCommentsClose CommentsPermalink
(C) restoration of natural resources, including native wildlife habitat or ecosystems;CommentsClose CommentsPermalink
(2) include a statement of purpose demonstrating how the agreement will--CommentsClose CommentsPermalink
(A) enhance science-based natural resource stewardship at the unit of the National Park System; andCommentsClose CommentsPermalink
(B) benefit the parties to the agreement;CommentsClose CommentsPermalink
(3) specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the unit of the National Park System that will--CommentsClose CommentsPermalink
(A) protect natural resources of the unit of the National Park System; andCommentsClose CommentsPermalink
(B) benefit the parties to the agreement;CommentsClose CommentsPermalink
(4) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;CommentsClose CommentsPermalink
(5) describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;CommentsClose CommentsPermalink
(6) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a unit of the National Park System; andCommentsClose CommentsPermalink
(7) include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.CommentsClose CommentsPermalink
(c) Limitations- The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle B--Boundary Adjustments and Authorizations
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HISTORIC SITE- The term `Historic Site' means Carl Sandburg Home National Historic Site.CommentsClose CommentsPermalink
(2) MAP- The term `map' means the map entitled `Sandburg Center Alternative' numbered 445/80,017 and dated April 2007.CommentsClose CommentsPermalink
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Acquisition Authority- The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange not more than 110 acres of land, water, or interests in land and water, within the area depicted on the map, to be added to the Historic Site.CommentsClose CommentsPermalink
(c) Visitor Center- To preserve the historic character and landscape of the site, the Secretary may also acquire up to five acres for the development of a visitor center and visitor parking area adjacent to or in the general vicinity of the Historic Site.CommentsClose CommentsPermalink
(d) Boundary Revision- Upon acquisition of any land or interest in land under this section, the Secretary shall revise the boundary of the Historic Site to reflect the acquisition.CommentsClose CommentsPermalink
(e) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(f) Administration- Land added to the Historic Site by this section shall be administered as part of the Historic Site in accordance with applicable laws and regulations.CommentsClose CommentsPermalink
The Act entitled `An Act to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes' approved June 5, 1978 (
(1) In section 101(a), by adding a new paragraph after paragraph (2) as follows:CommentsClose CommentsPermalink
`(3) The boundaries of the park are modified to include five parcels of land identified on the map entitled `Boundary Adjustment, Lowell National Historical Park,' numbered 475/81,424B and dated September 2004, and as delineated in section 202(a)(2)(G).'.CommentsClose CommentsPermalink
(2) In section 202(a)(2), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(G) The properties shown on the map identified in subsection (101)(a)(3) as follows:CommentsClose CommentsPermalink
`(i) 91 Pevey Street.CommentsClose CommentsPermalink
`(ii) The portion of 607 Middlesex Place.CommentsClose CommentsPermalink
`(iii) Eagle Court.CommentsClose CommentsPermalink
`(iv) The portion of 50 Payne Street.CommentsClose CommentsPermalink
`(v) 726 Broadway.'.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(2) STATE- The term `State' means the State of Idaho.CommentsClose CommentsPermalink
(b) Bainbridge Island Japanese American Memorial-CommentsClose CommentsPermalink
(1) BOUNDARY ADJUSTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The boundary of the Minidoka Internment National Monument, located in the State and established by Presidential Proclamation 7395 of January 17, 2001, is adjusted to include the Nidoto Nai Yoni (`Let it not happen again') memorial (referred to in this subsection as the `memorial'), which--CommentsClose CommentsPermalink
(i) commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II under Executive Order No. 9066; andCommentsClose CommentsPermalink
(ii) consists of approximately 8 acres of land owned by the City of Bainbridge Island, Washington, as depicted on the map entitled `Bainbridge Island Japanese American Memorial', numbered 194/80,003, and dated September, 2006.CommentsClose CommentsPermalink
(B) MAP- The map referred to in subparagraph (A) shall be kept on file and made available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(2) ADMINISTRATION OF MEMORIAL-CommentsClose CommentsPermalink
(A) IN GENERAL- The memorial shall be administered as part of the Minidoka Internment National Monument.CommentsClose CommentsPermalink
(B) AGREEMENTS- To carry out this subsection, the Secretary may enter into agreements with--CommentsClose CommentsPermalink
(i) the City of Bainbridge Island, Washington;CommentsClose CommentsPermalink
(ii) the Bainbridge Island Metropolitan Park and Recreational District;CommentsClose CommentsPermalink
(iii) the Bainbridge Island Japanese American Community Memorial Committee;CommentsClose CommentsPermalink
(iv) the Bainbridge Island Historical Society; andCommentsClose CommentsPermalink
(v) other appropriate individuals or entities.CommentsClose CommentsPermalink
(C) IMPLEMENTATION- To implement an agreement entered into under this paragraph, the Secretary may--CommentsClose CommentsPermalink
(i) enter into a cooperative management agreement relating to the operation and maintenance of the memorial with the City of Bainbridge Island, Washington, in accordance with section 3(l) of Public law 91-383 (
(ii) enter into cooperative agreements with, or make grants to, the City of Bainbridge Island, Washington, and other non-Federal entities for the development of facilities, infrastructure, and interpretive media at the memorial, if any Federal funds provided by a grant or through a cooperative agreement are matched with non-Federal funds.CommentsClose CommentsPermalink
(D) ADMINISTRATION AND VISITOR USE SITE- The Secretary may operate and maintain a site in the State of Washington for administrative and visitor use purposes associated with the Minidoka Internment National Monument.CommentsClose CommentsPermalink
(c) Establishment of Minidoka National Historic Site-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this section:CommentsClose CommentsPermalink
(A) HISTORIC SITE- The term `Historic Site' means the Minidoka National Historic Site established by paragraph (2)(A).CommentsClose CommentsPermalink
(B) MINIDOKA MAP- The term `Minidoka Map' means the map entitled `Minidoka National Historic Site, Proposed Boundary Map', numbered 194/80,004, and dated December 2006.CommentsClose CommentsPermalink
(2) ESTABLISHMENT-CommentsClose CommentsPermalink
(A) NATIONAL HISTORIC SITE- In order to protect, preserve, and interpret the resources associated with the former Minidoka Relocation Center where Japanese Americans were incarcerated during World War II, there is established the Minidoka National Historic Site.CommentsClose CommentsPermalink
(B) MINIDOKA INTERNMENT NATIONAL MONUMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- The Minidoka Internment National Monument (referred to in this subsection as the `Monument)''), as described in Presidential Proclamation 7395 of January 17, 2001, is abolished.CommentsClose CommentsPermalink
(ii) INCORPORATION- The land and any interests in the land at the Monument are incorporated within, and made part of, the Historic Site.CommentsClose CommentsPermalink
(iii) FUNDS- Any funds available for purposes of the Monument shall be available for the Historic Site.CommentsClose CommentsPermalink
(C) REFERENCES- Any reference in a law (other than in this title), map, regulation, document, record, or other paper of the United States to the `Minidoka Internment National Monument' shall be considered to be a reference to the `Minidoka National Historic Site'.CommentsClose CommentsPermalink
(3) BOUNDARY OF HISTORIC SITE-CommentsClose CommentsPermalink
(A) BOUNDARY- The boundary of the Historic Site shall include--CommentsClose CommentsPermalink
(i) approximately 292 acres of land, as depicted on the Minidoka Map; andCommentsClose CommentsPermalink
(ii) approximately 8 acres of land, as described in subsection (b)(1)(A)(ii).CommentsClose CommentsPermalink
(B) AVAILABILITY OF MAP- The Minidoka Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(4) LAND TRANSFERS AND ACQUISITION-CommentsClose CommentsPermalink
(A) TRANSFER FROM BUREAU OF RECLAMATION- Administrative jurisdiction over the land identified on the Minidoka Map as `BOR parcel 1' and `BOR parcel 2', including any improvements on, and appurtenances to, the parcels, is transferred from the Bureau of Reclamation to the National Park Service for inclusion in the Historic Site.CommentsClose CommentsPermalink
(B) TRANSFER FROM BUREAU OF LAND MANAGEMENT- Administrative jurisdiction over the land identified on the Minidoka Map as `Public Domain Lands' is transferred from the Bureau of Land Management to the National Park Service for inclusion in the Historic Site, and the portions of any prior Secretarial orders withdrawing the land are revoked.CommentsClose CommentsPermalink
(C) ACQUISITION AUTHORITY- The Secretary may acquire any land or interest in land located within the boundary of the Historic Site, as depicted on the Minidoka Map, by--CommentsClose CommentsPermalink
(i) donation;CommentsClose CommentsPermalink
(ii) purchase with donated or appropriated funds from a willing seller; orCommentsClose CommentsPermalink
(iii) exchange.CommentsClose CommentsPermalink
(5) ADMINISTRATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Historic Site shall be administered in accordance with--CommentsClose CommentsPermalink
(i) this Act; andCommentsClose CommentsPermalink
(ii) laws (including regulations) generally applicable to units of the National Park System, including--CommentsClose CommentsPermalink
(I) the National Park Service Organic Act (
(II) the Act of August 21, 1935 (
(B) INTERPRETATION AND EDUCATION-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall interpret--CommentsClose CommentsPermalink
(I) the story of the relocation of Japanese Americans during World War II to the Minidoka Relocation Center and other centers across the United States;CommentsClose CommentsPermalink
(II) the living conditions of the relocation centers;CommentsClose CommentsPermalink
(III) the work performed by the internees at the relocation centers; andCommentsClose CommentsPermalink
(IV) the contributions to the United States military made by Japanese Americans who had been interned.CommentsClose CommentsPermalink
(ii) ORAL HISTORIES- To the extent feasible, the collection of oral histories and testimonials from Japanese Americans who were confined shall be a part of the interpretive program at the Historic Site.CommentsClose CommentsPermalink
(iii) COORDINATION- The Secretary shall coordinate the development of interpretive and educational materials and programs for the Historic Site with the Manzanar National Historic Site in the State of California.CommentsClose CommentsPermalink
(C) BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL- The Bainbridge Island Japanese American Memorial shall be administered in accordance with subsection (b)(2).CommentsClose CommentsPermalink
(D) CONTINUED AGRICULTURAL USE- In keeping with the historical use of the land following the decommission of the Minidoka Relocation Center, the Secretary may issue a special use permit or enter into a lease to allow agricultural uses within the Historic Site under appropriate terms and conditions, as determined by the Secretary.CommentsClose CommentsPermalink
(6) DISCLAIMER OF INTEREST IN LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may issue to Jerome County, Idaho, a document of disclaimer of interest in land for the parcel identified as `Tract No. 2'--CommentsClose CommentsPermalink
(i) in the final order of condemnation, for the case numbered 2479, filed on January 31, 1947, in the District Court of the United States, in and for the District of Idaho, Southern Division; andCommentsClose CommentsPermalink
(ii) on the Minidoka Map.CommentsClose CommentsPermalink
(B) PROCESS- The Secretary shall issue the document of disclaimer of interest in land under subsection (a) in accordance with section 315(b) of Federal Land Policy and Management Act of 1976 (
(C) EFFECT- The issuance by the Secretary of the document of disclaimer of interest in land under subsection (a) shall have the same effect as a quit-claim deed issued by the United States.CommentsClose CommentsPermalink
(d) Conveyance of American Falls Reservoir District Number 2-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) AGREEMENT- The term `Agreement' means Agreement No. 5-07-10-L1688 between the United States and the District, entitled `Agreement Between the United States and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and Interest to the American Falls Reservoir District No. 2'.CommentsClose CommentsPermalink
(B) DISTRICT- The term `District' means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, of the State.CommentsClose CommentsPermalink
(2) AUTHORITY TO CONVEY TITLE-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey--CommentsClose CommentsPermalink
(i) to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights;CommentsClose CommentsPermalink
(ii) to the city of Gooding, located in Gooding County, of the State, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; andCommentsClose CommentsPermalink
(iii) to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH AGREEMENT- All parties to the conveyance under subparagraph (A) shall comply with the terms and conditions of the Agreement, to the extent consistent with this section.CommentsClose CommentsPermalink
(3) COMPLIANCE WITH OTHER LAWS-CommentsClose CommentsPermalink
(A) IN GENERAL- On conveyance of the land and improvements under paragraph (2)(A)(i), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred.CommentsClose CommentsPermalink
(B) APPLICABLE AUTHORITY- Nothing in this subsection modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (
(4) REVOCATION OF WITHDRAWALS-CommentsClose CommentsPermalink
(A) IN GENERAL- The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked.CommentsClose CommentsPermalink
(B) MANAGEMENT OF WITHDRAWN LAND- The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subparagraph (A) subject to valid existing rights.CommentsClose CommentsPermalink
(5) LIABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), upon completion of a conveyance under paragraph (2), the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance.CommentsClose CommentsPermalink
(B) EXCEPTION- Subparagraph (A) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance.CommentsClose CommentsPermalink
(C) FEDERAL TORT CLAIMS ACT- Nothing in this paragraph increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code.CommentsClose CommentsPermalink
(6) FUTURE BENEFITS-CommentsClose CommentsPermalink
(A) RESPONSIBILITY OF THE DISTRICT- After completion of the conveyance of land and improvements to the District under paragraph (2)(A)(i), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land).CommentsClose CommentsPermalink
(B) ELIGIBILITY FOR FEDERAL FUNDING-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), the District shall not be eligible to receive Federal funding to assist in any activity described in subparagraph (A) relating to land and improvements transferred under paragraph (2)(A)(i).CommentsClose CommentsPermalink
(ii) EXCEPTION- Clause (i) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary.CommentsClose CommentsPermalink
(7) NATIONAL ENVIRONMENTAL POLICY ACT- Before completing any conveyance under this subsection, the Secretary shall complete all actions required under--CommentsClose CommentsPermalink
(A) the National Environmental Policy Act of 1969 (
(B) the Endangered Species Act of 1973 (
(C) the National Historic Preservation Act (
(D) all other applicable laws (including regulations).CommentsClose CommentsPermalink
(8) PAYMENT-CommentsClose CommentsPermalink
(A) FAIR MARKET VALUE REQUIREMENT- As a condition of the conveyance under paragraph (2)(A)(i), the District shall pay the fair market value for the withdrawn lands to be acquired by the District, in accordance with the terms of the Agreement.CommentsClose CommentsPermalink
(B) GRANT FOR BUILDING REPLACEMENT- As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka National Historic Site, the Secretary, acting through the Commissioner of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
(a) Extension of Land Conveyance Authority- Section 102(d) of
`(2) Federally owned property under jurisdiction of the Secretary referred to in paragraph (1) of this subsection shall be conveyed to the towns in which the property is located without encumbrance and without monetary consideration, except that no town shall be eligible to receive such lands unless lands within the Park boundary and owned by the town have been conveyed to the Secretary.'.CommentsClose CommentsPermalink
(b) Extension of Acadia National Park Advisory Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 103(f) of
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on September 25, 2006.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 106 of
`(c) Additional Funding- In addition to such sums as have been heretofore appropriated, there is hereby authorized $10,000,000 for acquisition of lands and interests therein.'.CommentsClose CommentsPermalink
(d) Intermodal Transportation Center- Title I of
`SEC. 108. INTERMODAL TRANSPORTATION CENTER.
`(a) In General- The Secretary may provide assistance in the planning, construction, and operation of an intermodal transportation center located outside of the boundary of the Park in the town of Trenton, Maine to improve the management, interpretation, and visitor enjoyment of the Park.CommentsClose CommentsPermalink
`(b) Agreements- To carry out subsection (a), in administering the intermodal transportation center, the Secretary may enter into interagency agreements with other Federal agencies, and, notwithstanding chapter 63 of title 31, United States Code, cooperative agreements, under appropriate terms and conditions, with State and local agencies, and nonprofit organizations--CommentsClose CommentsPermalink
`(1) to provide exhibits, interpretive services (including employing individuals to provide such services), and technical assistance;CommentsClose CommentsPermalink
`(2) to conduct activities that facilitate the dissemination of information relating to the Park and the Island Explorer transit system or any successor transit system;CommentsClose CommentsPermalink
`(3) to provide financial assistance for the construction of the intermodal transportation center in exchange for space in the center that is sufficient to interpret the Park; andCommentsClose CommentsPermalink
`(4) to assist with the operation and maintenance of the intermodal transportation center.CommentsClose CommentsPermalink
`(c) Authorization of Appropriations-CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized to be appropriated to the Secretary not more than 40 percent of the total cost necessary to carry out this section (including planning, design and construction of the intermodal transportation center).CommentsClose CommentsPermalink
`(2) OPERATIONS AND MAINTENANCE- There are authorized to be appropriated to the Secretary not more than 85 percent of the total cost necessary to maintain and operate the intermodal transportation center.'.CommentsClose CommentsPermalink
Subtitle C--Studies
(a) Special Resource Study- The Secretary of the Interior shall conduct a special resource study relating to the First Battle of Newtonia in Newton County, Missouri, which occurred on September 30, 1862, and the Second Battle of Newtonia, which occurred on October 28, 1864, during the Missouri Expedition of Confederate General Sterling Price in September and October 1864.CommentsClose CommentsPermalink
(b) Contents- In conducting the study under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
(1) evaluate the national significance of the Newtonia battlefields and their related sites;CommentsClose CommentsPermalink
(2) consider the findings and recommendations contained in the document entitled `Vision Plan for Newtonia Battlefield Preservation' and dated June 2004, which was prepared by the Newtonia Battlefields Protection Association;CommentsClose CommentsPermalink
(3) evaluate the suitability and feasibility of adding the battlefields and related sites as part of Wilson's Creek National Battlefield or designating the battlefields and related sites as a unit of the National Park System;CommentsClose CommentsPermalink
(4) analyze the potential impact that the inclusion of the battlefields and related sites as part of Wilson's Creek National Battlefield or their designation as a unit of the National Park System is likely to have on land within or bordering the battlefields and related sites that is privately owned at the time of the study is conducted;CommentsClose CommentsPermalink
(5) consider alternatives for preservation, protection, and interpretation of the battlefields and related sites by the National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations; andCommentsClose CommentsPermalink
(6) identify cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives referred to in paragraph (5).CommentsClose CommentsPermalink
(c) Criteria- The criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of
(d) Transmission to Congress- Not later than three years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink
(1) the results of the study; andCommentsClose CommentsPermalink
(2) any conclusions and recommendations of the Secretary.CommentsClose CommentsPermalink
(a) Findings- Congress finds as follows:CommentsClose CommentsPermalink
(1) The Soldiers' Memorial is a tribute to all veterans located in the greater St. Louis area, including Southern Illinois.CommentsClose CommentsPermalink
(2) The current annual budget for the memorial is $185,000 and is paid for exclusively by the City of St. Louis.CommentsClose CommentsPermalink
(3) In 1923, the City of St. Louis voted to spend $6,000,000 to purchase a memorial plaza and building dedicated to citizens of St. Louis who lost their lives in World War I.CommentsClose CommentsPermalink
(4) The purchase of the 7 block site exhausted the funds and no money remained to construct a monument.CommentsClose CommentsPermalink
(5) In 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to raise $1,000,000 to construct a memorial building and general improvement of the plaza area and the construction of Soldiers' Memorial began on October 21, 1935.CommentsClose CommentsPermalink
(6) On October 14, 1936, President Franklin D. Roosevelt officially dedicated the site.CommentsClose CommentsPermalink
(7) On Memorial Day in 1938, Mayor Dickmann opened the building to the public.CommentsClose CommentsPermalink
(b) Study- The Secretary of the Interior shall carry out a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Park System.CommentsClose CommentsPermalink
(c) Study Process and Completion- Section 8(c) of
(d) Report- The Secretary shall submit a report describing the results the study required by this section to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink
(a) In General- The Secretary shall complete a special resource study of the Wolf House located on Highway 5 in Norfork, Arkansas, to determine--CommentsClose CommentsPermalink
(1) the suitability and feasibility of designating the Wolf House as a unit of the National Park System; andCommentsClose CommentsPermalink
(2) the methods and means for the protection and interpretation of the Wolf House by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.CommentsClose CommentsPermalink
(b) Study Requirements- The Secretary shall conduct the study in accordance with section 8(c) of
(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink
(1) the results of the study; andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) MEMORIAL- The term `memorial' means a memorial to the Space Shuttle Columbia that is subject to the study in subsection (b).CommentsClose CommentsPermalink
(2) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the National Park Service.CommentsClose CommentsPermalink
(b) Study of Suitability and Feasibility of Establishing Memorials to the Space Shuttle Columbia-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available, the Secretary shall conduct a special resource study to determine the feasibility and suitability of establishing a memorial as a unit or units of the National Park System to the Space Shuttle Columbia on land in the State of Texas described in paragraph (2) on which large debris from the Shuttle was recovered.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The parcels of land referred to in paragraph (1) are--CommentsClose CommentsPermalink
(A) the parcel of land owned by the Fredonia Corporation, located at the southeast corner of the intersection of East Hospital Street and North Fredonia Street, Nacogdoches, Texas;CommentsClose CommentsPermalink
(B) the parcel of land owned by Temple Inland Inc., 10 acres of a 61-acre tract bounded by State Highway 83 and Bayou Bend Road, Hemphill, Texas;CommentsClose CommentsPermalink
(C) the parcel of land owned by the city of Lufkin, Texas, located at City Hall Park, 301 Charlton Street, Lufkin, Texas; andCommentsClose CommentsPermalink
(D) the parcel of land owned by San Augustine County, Texas, located at 1109 Oaklawn Street, San Augustine, Texas.CommentsClose CommentsPermalink
(3) ADDITIONAL SITES- The Secretary may recommend to Congress additional sites in the State of Texas relating to the Space Shuttle Columbia for establishment as memorials to the Space Shuttle Columbia.CommentsClose CommentsPermalink
(a) In General- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary of the Interior (referred to in this section as the `Secretary') shall complete a special resource study of sites in the State of Arizona, the State of California, and other States that are significant to the life of Cesar E. Chavez and the farm labor movement in the western United States to determine--CommentsClose CommentsPermalink
(1) appropriate methods for preserving and interpreting the sites; andCommentsClose CommentsPermalink
(2) whether any of the sites meets the criteria for listing on the National Register of Historic Places or designation as a national historic landmark under--CommentsClose CommentsPermalink
(A) the Act of August 21, 1935 (
(B) the National Historic Preservation Act (
(b) Requirements- In conducting the study under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
(1) consider the criteria for the study of areas for potential inclusion in the National Park System under section 8(b)(2) of
(2) consult with--CommentsClose CommentsPermalink
(A) the Cesar E. Chavez Foundation;CommentsClose CommentsPermalink
(B) the United Farm Workers Union; andCommentsClose CommentsPermalink
(C) State and local historical associations and societies, including any State historic preservation offices in the State in which the site is located.CommentsClose CommentsPermalink
(c) Report- On completion of the study, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--CommentsClose CommentsPermalink
(1) the findings of the study; andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
(a) In General- The Secretary of the Interior (referred to in this section as the `Secretary'), in consultation with the appropriate State historic preservation officers, State historical societies, the city of Taunton, Massachusetts, and other appropriate organizations, shall conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System. The study shall be conducted and completed in accordance with section 8(c) of
(1) can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management by the National Park Service or under an alternative management structure;CommentsClose CommentsPermalink
(2) have an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use;CommentsClose CommentsPermalink
(3) reflect traditions, customs, beliefs, and historical events that are valuable parts of the national story;CommentsClose CommentsPermalink
(4) provide outstanding opportunities to conserve natural, historic, cultural, architectural, or scenic features;CommentsClose CommentsPermalink
(5) provide outstanding recreational and educational opportunities; andCommentsClose CommentsPermalink
(6) can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of the National Park System consistent with State and local economic activity.CommentsClose CommentsPermalink
(b) Report- Not later than 3 fiscal years after the date on which funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study required under subsection (a).CommentsClose CommentsPermalink
(c) Private Property- The recommendations in the report submitted pursuant to subsection (b) shall include discussion and consideration of the concerns expressed by private landowners with respect to designating certain structures referred to in this section as a unit of the National Park System.CommentsClose CommentsPermalink
(a) In General- The Secretary of the Interior (referred to in this section as the `Secretary') shall complete a special resource study of the area known as the Rim of the Valley Corridor, generally including the mountains encircling the San Fernando, La Crescenta, Santa Clarita, Simi, and Conejo Valleys in California, to determine--CommentsClose CommentsPermalink
(1) the suitability and feasibility of designating all or a portion of the corridor as a unit of the Santa Monica Mountains National Recreation Area; andCommentsClose CommentsPermalink
(2) the methods and means for the protection and interpretation of this corridor by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.CommentsClose CommentsPermalink
(b) Documentation- In conducting the study authorized under subsection (a), the Secretary shall document--CommentsClose CommentsPermalink
(1) the process used to develop the existing Santa Monica Mountains National Recreation Area Fire Management Plan and Environmental Impact Statement (September 2005); andCommentsClose CommentsPermalink
(2) all activity conducted pursuant to the plan referred to in paragraph (1) designed to protect lives and property from wildfire.CommentsClose CommentsPermalink
(c) Study Requirements- The Secretary shall conduct the study in accordance with section 8(c) of
(d) Report- Not later than 3 years after the date on which funds are made available to carry out this title, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink
(1) the results of the study; andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary.CommentsClose CommentsPermalink
Subtitle D--Memorials, Commissions, and Museums
(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink
(1) Francis Marion was born in 1732 in St. John's Parish, Berkeley County, South Carolina. He married Mary Esther Videau on April 20th, 1786. Francis and Mary Esther Marion had no children, but raised a son of a relative as their own, and gave the child Francis Marion's name.CommentsClose CommentsPermalink
(2) Brigadier General Marion commanded the Williamsburg Militia Revolutionary force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines.CommentsClose CommentsPermalink
(3) Brigadier General Marion's tactics, which were unheard of in rules of warfare at the time, included lightning raids on British convoys, after which he and his forces would retreat into the swamps to avoid capture. British Lieutenant Colonel Tarleton stated that `as for this damned old swamp fox, the devil himself could not catch him'. Thus, the legend of the `Swamp Fox' was born.CommentsClose CommentsPermalink
(4) His victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress.CommentsClose CommentsPermalink
(5) Brigadier General Marion's troops are believed to be the first racially integrated force fighting for the United States, as his band was a mix of Whites, Blacks, both free and slave, and Native Americans.CommentsClose CommentsPermalink
(6) As a statesman, he represented his parish in the South Carolina senate as well as his State at the Constitutional Convention.CommentsClose CommentsPermalink
(7) Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to Brigadier General Francis Marion for his bravery and leadership during the Revolutionary War, without which the United States would not exist.CommentsClose CommentsPermalink
(8) Brigadier General Marion's legacy must live on. Since 1878, United States Reservation 18 has been officially referred to as Marion Park. Located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, the park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the Nation's heritage.CommentsClose CommentsPermalink
(9) The time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Brigadier General Marion's contributions. Such a South Carolina hero deserves to be given the proper recognition.CommentsClose CommentsPermalink
(b) Authority To Establish Commemorative Work- The Marion Park Project, a committee of the Palmetto Conservation Foundation, may establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion and his service.CommentsClose CommentsPermalink
(c) Compliance With Standards for Commemorative Works- The commemorative work authorized by subsection (b) shall be established in accordance with chapter 89 of title 40, United States Code (commonly known as the `Commemorative Works Act').CommentsClose CommentsPermalink
(d) Use of Federal Funds Prohibited- Federal funds may not be used to pay any expense of the establishment of the commemorative work authorized by subsection (b). The Marion Park Project, a committee of the Palmetto Conservation Foundation, shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of that commemorative work.CommentsClose CommentsPermalink
(e) Deposit of Excess Funds- If, upon payment of all expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation amount provided for in
(f) Definitions- For the purposes of this section, the terms `commemorative work' and `the District of Columbia and its environs' have the meanings given to such terms in
Section 8162 of the Department of Defense Appropriations Act, 2000 (
(1) by striking subsection (j) and inserting the following:CommentsClose CommentsPermalink
`(j) Powers of the Commission-CommentsClose CommentsPermalink
`(1) IN GENERAL-CommentsClose CommentsPermalink
`(A) POWERS- The Commission may--CommentsClose CommentsPermalink
`(i) make such expenditures for services and materials for the purpose of carrying out this section as the Commission considers advisable from funds appropriated or received as gifts for that purpose;CommentsClose CommentsPermalink
`(ii) solicit and accept contributions to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial;CommentsClose CommentsPermalink
`(iii) hold hearings and enter into contracts;CommentsClose CommentsPermalink
`(iv) enter into contracts for specialized or professional services as necessary to carry out this section; andCommentsClose CommentsPermalink
`(v) take such actions as are necessary to carry out this section.CommentsClose CommentsPermalink
`(B) SPECIALIZED OR PROFESSIONAL SERVICES- Services under subparagraph (A)(iv) may be--CommentsClose CommentsPermalink
`(i) obtained without regard to the provisions of title 5, United States Code, including section 3109 of that title; andCommentsClose CommentsPermalink
`(ii) may be paid without regard to the provisions of title 5, United States Code, including chapter 51 and subchapter III of chapter 53 of that title.CommentsClose CommentsPermalink
`(2) GIFTS OF PROPERTY- The Commission may accept gifts of real or personal property to be used in carrying out this section, including to be used in connection with the construction or other expenses of the memorial.CommentsClose CommentsPermalink
`(3) FEDERAL COOPERATION- At the request of the Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of the Federal department or agency determines to be appropriate.CommentsClose CommentsPermalink
`(4) POWERS OF MEMBERS AND AGENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take under this section.CommentsClose CommentsPermalink
`(B) ARCHITECT- The Commission may appoint an architect as an agent of the Commission to--CommentsClose CommentsPermalink
`(i) represent the Commission on various governmental source selection and planning boards on the selection of the firms that will design and construct the memorial; andCommentsClose CommentsPermalink
`(ii) perform other duties as designated by the Chairperson of the Commission.CommentsClose CommentsPermalink
`(C) TREATMENT- An authorized member or agent of the Commission (including an individual appointed under subparagraph (B)) providing services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of chapter 171 of title 28, United States Code, relating to tort claims.CommentsClose CommentsPermalink
`(5) TRAVEL- Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.';CommentsClose CommentsPermalink
(2) by redesignating subsection (o) as subsection (q); andCommentsClose CommentsPermalink
(3) by adding after subsection (n) the following:CommentsClose CommentsPermalink
`(o) Staff and Support Services-CommentsClose CommentsPermalink
`(1) EXECUTIVE DIRECTOR- There shall be an Executive Director appointed by the Commission to be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule.CommentsClose CommentsPermalink
`(2) STAFF-CommentsClose CommentsPermalink
`(A) IN GENERAL- The staff of the Commission may be appointed and terminated without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates, except that an individual appointed under this paragraph may not receive pay in excess of the maximum rate of basic pay for GS-15 of the General Schedule.CommentsClose CommentsPermalink
`(B) SENIOR STAFF- Notwithstanding subparagraph (A), not more than 3 staff employees of the Commission (in addition to the Executive Director) may be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule.CommentsClose CommentsPermalink
`(3) STAFF OF FEDERAL AGENCIES- On request of the Commission, the head of any Federal department or agency may detail any of the personnel of the department or agency to the Commission to assist the Commission to carry out its duties under this section.CommentsClose CommentsPermalink
`(4) FEDERAL SUPPORT- The Commission shall obtain administrative and support services from the General Services Administration on a reimbursable basis. The Commission may use all contracts, schedules, and acquisition vehicles allowed to external clients through the General Services Administration.CommentsClose CommentsPermalink
`(5) COOPERATIVE AGREEMENTS- The Commission may enter into cooperative agreements with Federal agencies, State, local, tribal and international governments, and private interests and organizations which will further the goals and purposes of this section.CommentsClose CommentsPermalink
`(6) TEMPORARY, INTERMITTENT, AND PART-TIME SERVICES-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Commission may obtain temporary, intermittent, and part-time services under
, at rates not to exceed the maximum annual rate of basic pay payable under section 5376 of that title.CommentsClose CommentsPermalink section 3109 of title 5, United States Code `(B) NON-APPLICABILITY TO CERTAIN SERVICES- This paragraph shall not apply to services under subsection (j)(1)(A)(iv).CommentsClose CommentsPermalink
`(7) VOLUNTEER SERVICES-CommentsClose CommentsPermalink
`(A) IN GENERAL- Notwithstanding
, the Commission may accept and utilize the services of volunteers serving without compensation.CommentsClose CommentsPermalink section 1342 of title 31, United States Code `(B) REIMBURSEMENT- The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by
.CommentsClose CommentsPermalink section 5703 of title 5, United States Code `(C) LIABILITY-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clause (ii), a volunteer described in subparagraph (A) shall be considered to be a volunteer for purposes of the Volunteer Protection Act of 1997 (
et seq.).CommentsClose CommentsPermalink 42 U.S.C. 14501 `(ii) EXCEPTION- Section 4(d) of the Volunteer Protection Act of 1997 (
) shall not apply for purposes of a claim against a volunteer described in subparagraph (A).CommentsClose CommentsPermalink 42 U.S.C. 14503(d) `(p) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section.'.CommentsClose CommentsPermalink
(a) Establishment of Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Commission to Study the Potential Creation of a National Museum of the American Latino (hereafter in this section referred to as the `Commission').CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Commission shall consist of 23 members appointed not later than 6 months after the date of enactment of this Act as follows:CommentsClose CommentsPermalink
(A) The President shall appoint 7 voting members.CommentsClose CommentsPermalink
(B) The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members.CommentsClose CommentsPermalink
(C) In addition to the members appointed under subparagraph (B), the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member.CommentsClose CommentsPermalink
(3) QUALIFICATIONS- Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either--CommentsClose CommentsPermalink
(A) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with--CommentsClose CommentsPermalink
(i) expertise in museum administration;CommentsClose CommentsPermalink
(ii) expertise in fundraising for nonprofit or cultural institutions;CommentsClose CommentsPermalink
(iii) experience in the study and teaching of Latino culture and history at the post-secondary level;CommentsClose CommentsPermalink
(iv) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; orCommentsClose CommentsPermalink
(v) extensive experience in public or elected service; orCommentsClose CommentsPermalink
(B) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.CommentsClose CommentsPermalink
(b) Functions of the Commission-CommentsClose CommentsPermalink
(1) PLAN OF ACTION FOR ESTABLISHMENT AND MAINTENANCE OF MUSEUM- The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, DC (hereafter in this section referred to as the `Museum').CommentsClose CommentsPermalink
(2) FUNDRAISING PLAN- The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community.CommentsClose CommentsPermalink
(3) REPORT ON ISSUES- The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues:CommentsClose CommentsPermalink
(A) The availability and cost of collections to be acquired and housed in the Museum.CommentsClose CommentsPermalink
(B) The impact of the Museum on regional Hispanic- and Latino-related museums.CommentsClose CommentsPermalink
(C) Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior and Smithsonian Institution.CommentsClose CommentsPermalink
(D) Whether the Museum should be located within the Smithsonian Institution.CommentsClose CommentsPermalink
(E) The governance and organizational structure from which the Museum should operate.CommentsClose CommentsPermalink
(F) How to engage the American Latino community in the development and design of the Museum.CommentsClose CommentsPermalink
(G) The cost of constructing, operating, and maintaining the Museum.CommentsClose CommentsPermalink
(4) LEGISLATION TO CARRY OUT PLAN OF ACTION- Based on the recommendations contained in the report submitted under paragraph (1) and the report submitted under paragraph (3), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum.CommentsClose CommentsPermalink
(5) NATIONAL CONFERENCE- In carrying out its functions under this section, the Commission may convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 18 months after the commission members are selected.CommentsClose CommentsPermalink
(c) Administrative Provisions-CommentsClose CommentsPermalink
(1) FACILITIES AND SUPPORT OF DEPARTMENT OF THE INTERIOR- The Department of the Interior shall provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission's functions. These funds shall be made available prior to any meetings of the Commission.CommentsClose CommentsPermalink
(2) COMPENSATION- Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior.CommentsClose CommentsPermalink
(3) TRAVEL EXPENSES- Each member shall be entitled to travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(4) FEDERAL ADVISORY COMMITTEE ACT- The Commission is not subject to the provisions of the Federal Advisory Committee Act.CommentsClose CommentsPermalink
(d) Deadline for Submission of Reports; Termination-CommentsClose CommentsPermalink
(1) DEADLINE- The Commission shall submit final versions of the reports and plans required under subsection (b) not later than 24 months after the date of the Commission's first meeting.CommentsClose CommentsPermalink
(2) TERMINATION- The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to paragraph (1).CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for the first fiscal year beginning after the date of enactment of this Act and $1,100,000 for the second fiscal year beginning after the date of enactment of this Act.CommentsClose CommentsPermalink
(a) Coordination- Each commission established under this section shall coordinate with the other respective commission established under this section to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are--CommentsClose CommentsPermalink
(1) consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; andCommentsClose CommentsPermalink
(2) well-organized and successful.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) CHAMPLAIN COMMEMORATION- The term `Champlain commemoration' means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.CommentsClose CommentsPermalink
(2) CHAMPLAIN COMMISSION- The term `Champlain Commission' means the Champlain Quadricentennial Commemoration Commission established by subsection (c)(1).CommentsClose CommentsPermalink
(3) COMMISSION- The term `Commission' means each of the Champlain Commission and the Hudson-Fulton Commission.CommentsClose CommentsPermalink
(4) HUDSON-FULTON COMMEMORATION- The term `Hudson-Fulton commemoration' means the commemoration of--CommentsClose CommentsPermalink
(A) the 200th anniversary of the voyage of Robert Fulton in the Clermont; andCommentsClose CommentsPermalink
(B) the 400th anniversary of the voyage of Henry Hudson in the Half Moon.CommentsClose CommentsPermalink
(5) HUDSON-FULTON COMMISSION- The term `Hudson-Fulton Commission' means the Hudson-Fulton 400th Commemoration Commission established by subsection (d)(1).CommentsClose CommentsPermalink
(6) LAKE CHAMPLAIN BASIN PROGRAM- The term `Lake Champlain Basin Program' means the partnership established by section 120 of the Federal Water Pollution Control Act (
(7) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(c) Establishment of Champlain Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established a commission to be known as the `Champlain Quadricentennial Commemoration Commission'.CommentsClose CommentsPermalink
(2) MEMBERSHIP-CommentsClose CommentsPermalink
(A) COMPOSITION- The Champlain Commission shall be composed of 10 members, of whom--CommentsClose CommentsPermalink
(i) 1 member shall be the Director of the National Park Service (or a designee);CommentsClose CommentsPermalink
(ii) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are--CommentsClose CommentsPermalink
(I) serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; andCommentsClose CommentsPermalink
(II) residents of Champlain Valley, New York;CommentsClose CommentsPermalink
(iii) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are--CommentsClose CommentsPermalink
(I) serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; andCommentsClose CommentsPermalink
(II) residents of the State of Vermont; andCommentsClose CommentsPermalink
(iv) 1 member shall be appointed by the Secretary, and shall be an individual who has--CommentsClose CommentsPermalink
(I) an interest in, support for, and expertise appropriate with respect to, the Champlain commemoration; andCommentsClose CommentsPermalink
(II) knowledge relating to the history of the Champlain Valley.CommentsClose CommentsPermalink
(B) TERM; VACANCIES-CommentsClose CommentsPermalink
(i) TERM- A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.CommentsClose CommentsPermalink
(ii) VACANCIES- A vacancy on the Champlain Commission shall be filled in the same manner in which the original appointment was made.CommentsClose CommentsPermalink
(3) DUTIES- The Champlain Commission shall--CommentsClose CommentsPermalink
(A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;CommentsClose CommentsPermalink
(B) facilitate activities relating to the Champlain Quadricentennial throughout the United States;CommentsClose CommentsPermalink
(C) coordinate the activities of the Champlain Commission with--CommentsClose CommentsPermalink
(i) State commemoration commissions;CommentsClose CommentsPermalink
(ii) appropriate Federal agencies;CommentsClose CommentsPermalink
(iii) the Lake Champlain Basin Program;CommentsClose CommentsPermalink
(iv) the National Endowment for the Arts; andCommentsClose CommentsPermalink
(v) the Smithsonian Institution;CommentsClose CommentsPermalink
(D) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyage of Samuel de Champlain;CommentsClose CommentsPermalink
(E) provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration;CommentsClose CommentsPermalink
(F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;CommentsClose CommentsPermalink
(G) ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;CommentsClose CommentsPermalink
(H) help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; andCommentsClose CommentsPermalink
(I) consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.CommentsClose CommentsPermalink
(d) Establishment of Hudson-Fulton Commission-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established a commission to be known as the `Hudson-Fulton 400th Commemoration Commission'.CommentsClose CommentsPermalink
(2) MEMBERSHIP-CommentsClose CommentsPermalink
(A) COMPOSITION- The Hudson-Fulton Commission shall be composed of 15 members, of whom--CommentsClose CommentsPermalink
(i) 1 member shall be the Director of the National Park Service (or a designee);CommentsClose CommentsPermalink
(ii) 1 member shall be appointed by the Secretary, after considering the recommendation of the Governor of the State of New York;CommentsClose CommentsPermalink
(iii) 6 members shall be appointed by the Secretary, after considering the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;CommentsClose CommentsPermalink
(iv) 2 members shall be appointed by the Secretary, after considering the recommendations of the Members of the Senate from the State of New York;CommentsClose CommentsPermalink
(v) 2 members shall be--CommentsClose CommentsPermalink
(I) appointed by the Secretary; andCommentsClose CommentsPermalink
(II) individuals who have an interest in, support for, and expertise appropriate with respect to, the Hudson-Fulton commemoration, of whom--CommentsClose CommentsPermalink
(aa) 1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; andCommentsClose CommentsPermalink
(bb) 1 member shall be an individual with expertise in the State of New York, as it relates to the Hudson-Fulton commemoration;CommentsClose CommentsPermalink
(vi) 1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); andCommentsClose CommentsPermalink
(vii) 2 members shall be appointed by the Secretary, after--CommentsClose CommentsPermalink
(I) considering the recommendation of the Mayor of the city of New York; andCommentsClose CommentsPermalink
(II) consulting the Members of the House of Representatives whose districts encompass the city of New York.CommentsClose CommentsPermalink
(B) TERM; VACANCIES-CommentsClose CommentsPermalink
(i) TERM- A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.CommentsClose CommentsPermalink
(ii) VACANCIES- A vacancy on the Hudson-Fulton Commission shall be filled in the same manner in which the original appointment was made.CommentsClose CommentsPermalink
(3) DUTIES- The Hudson-Fulton Commission shall--CommentsClose CommentsPermalink
(A) plan, develop, and execute programs and activities appropriate to commemorate--CommentsClose CommentsPermalink
(i) the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; andCommentsClose CommentsPermalink
(ii) the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;CommentsClose CommentsPermalink
(B) facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;CommentsClose CommentsPermalink
(C) coordinate the activities of the Hudson-Fulton Commission with--CommentsClose CommentsPermalink
(i) State commemoration commissions;CommentsClose CommentsPermalink
(ii) appropriate Federal agencies;CommentsClose CommentsPermalink
(iii) the National Park Service, with respect to the Hudson River Valley National Heritage Area;CommentsClose CommentsPermalink
(iv) the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;CommentsClose CommentsPermalink
(v) the National Endowment for the Humanities;CommentsClose CommentsPermalink
(vi) the National Endowment for the Arts; andCommentsClose CommentsPermalink
(vii) the Smithsonian Institution;CommentsClose CommentsPermalink
(D) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson and Robert Fulton;CommentsClose CommentsPermalink
(E) provide technical assistance to States, localities, and nonprofit organizations to further the Hudson-Fulton commemoration;CommentsClose CommentsPermalink
(F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;CommentsClose CommentsPermalink
(G) ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; andCommentsClose CommentsPermalink
(H) help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.CommentsClose CommentsPermalink
(e) Commission Meetings-CommentsClose CommentsPermalink
(1) INITIAL MEETING- Not later than 30 days after the date on which all members of a commission established under this section have been appointed, the applicable Commission shall hold an initial meeting.CommentsClose CommentsPermalink
(2) MEETINGS- A commission established under this section shall meet--CommentsClose CommentsPermalink
(A) at least twice each year; orCommentsClose CommentsPermalink
(B) at the call of the Chairperson or the majority of the members of the Commission.CommentsClose CommentsPermalink
(3) QUORUM- A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.CommentsClose CommentsPermalink
(4) CHAIRPERSON AND VICE CHAIRPERSON-CommentsClose CommentsPermalink
(A) ELECTION- The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.CommentsClose CommentsPermalink
(B) ABSENCE OF THE CHAIRPERSON- The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.CommentsClose CommentsPermalink
(5) VOTING- A commission established under this section shall act only on an affirmative vote of a majority of the voting members of the applicable Commission.CommentsClose CommentsPermalink
(f) Commission Powers-CommentsClose CommentsPermalink
(1) GIFTS- The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.CommentsClose CommentsPermalink
(2) APPOINTMENT OF ADVISORY COMMITTEES- The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF ACTION- The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.CommentsClose CommentsPermalink
(4) PROCUREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).CommentsClose CommentsPermalink
(B) LIMITATION- The Commission may not purchase real property.CommentsClose CommentsPermalink
(5) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.CommentsClose CommentsPermalink
(6) GRANTS-CommentsClose CommentsPermalink
(A) CHAMPLAIN COMMISSION- The Champlain Commission may make grants in amounts not to exceed $20,000--CommentsClose CommentsPermalink
(i) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Champlain commemoration; andCommentsClose CommentsPermalink
(ii) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyage of Samuel de Champlain.CommentsClose CommentsPermalink
(B) HUDSON-FULTON COMMISSION- The Hudson-Fulton Commission may make grants in amounts not to exceed $20,000--CommentsClose CommentsPermalink
(i) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; andCommentsClose CommentsPermalink
(ii) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Henry Hudson and Robert Fulton.CommentsClose CommentsPermalink
(7) TECHNICAL ASSISTANCE- The Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.CommentsClose CommentsPermalink
(8) COORDINATION AND CONSULTATION WITH LAKE CHAMPLAIN BASIN PROGRAM- The Champlain Commission shall coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under paragraphs (6)(A) and (7) for the development of activities commemorating the voyage of Samuel de Champlain.CommentsClose CommentsPermalink
(g) Commission Personnel Matters-CommentsClose CommentsPermalink
(1) COMPENSATION OF MEMBERS-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.CommentsClose CommentsPermalink
(B) FEDERAL EMPLOYEES- A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.CommentsClose CommentsPermalink
(2) TRAVEL EXPENSES- A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.CommentsClose CommentsPermalink
(3) STAFF- The Commission may, without regard to the civil service laws (including regulations), appoint and terminate an Executive Director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.CommentsClose CommentsPermalink
(4) COMPENSATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.CommentsClose CommentsPermalink
(B) MAXIMUM RATE OF PAY- The rate of pay for the Executive Director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under
(5) DETAIL OF GOVERNMENT EMPLOYEES-CommentsClose CommentsPermalink
(A) FEDERAL EMPLOYEES-CommentsClose CommentsPermalink
(i) IN GENERAL- At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.CommentsClose CommentsPermalink
(ii) CIVIL SERVICE STATUS- The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(B) STATE EMPLOYEES- The Commission may--CommentsClose CommentsPermalink
(i) accept the services of personnel detailed from the State of New York or the State of Vermont, as appropriate (including subdivisions of the States); andCommentsClose CommentsPermalink
(ii) reimburse the State of New York or the State of Vermont for services of detailed personnel.CommentsClose CommentsPermalink
(C) LAKE CHAMPLAIN BASIN PROGRAM EMPLOYEES- The Champlain Commission may--CommentsClose CommentsPermalink
(i) accept the services of personnel detailed from the Lake Champlain Basin Program; andCommentsClose CommentsPermalink
(ii) reimburse the Lake Champlain Basin Program for services of detailed personnel.CommentsClose CommentsPermalink
(D) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Commission may procure temporary and intermittent services in accordance with
(6) VOLUNTEER AND UNCOMPENSATED SERVICES- Notwithstanding
(7) SUPPORT SERVICES- The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.CommentsClose CommentsPermalink
(8) FACA NONAPPLICABILITY- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink
(h) Reports- Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains--CommentsClose CommentsPermalink
(1) a summary of the activities of the Commission;CommentsClose CommentsPermalink
(2) a final accounting of funds received and expended by the Commission; andCommentsClose CommentsPermalink
(3) the findings and recommendations of the Commission.CommentsClose CommentsPermalink
(i) Termination of Commissions-CommentsClose CommentsPermalink
(1) DATE OF TERMINATION- The Commission shall terminate on December 31, 2010.CommentsClose CommentsPermalink
(2) TRANSFER OF DOCUMENTS AND MATERIALS- Before the date of termination specified in paragraph (1), the Commission shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal entity.CommentsClose CommentsPermalink
(j) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to carry out this section for each of fiscal years 2008 through 2011--CommentsClose CommentsPermalink
(A) $500,000 to the Champlain Commission; andCommentsClose CommentsPermalink
(B) $500,000 to the Hudson-Fulton Commission.CommentsClose CommentsPermalink
(2) AVAILABILITY- Amounts made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the Museum of the American Quilter's Society is the largest quilt museum in the world, with a total of 13,400 square feet of exhibition space and more than 150 quilts exhibited year-round in its 3 galleries;CommentsClose CommentsPermalink
(2) the mission of the Museum is to educate the local, national, and international public about the art, history, and heritage of quiltmaking;CommentsClose CommentsPermalink
(3) quilts in the Museum's permanent collection are made by quilters from 44 of the 50 States and many foreign countries;CommentsClose CommentsPermalink
(4) the Museum, centrally located in Paducah, Kentucky, and open to the public year-round, averages 40,000 visitors per year;CommentsClose CommentsPermalink
(5) individuals from all 50 States and from more than 25 foreign countries have visited the Museum;CommentsClose CommentsPermalink
(6) the Museum's Friends, an organization dedicated to supporting and sustaining the Museum, also has members in all 50 States, with 84 percent of members living more than 60 miles from the Museum;CommentsClose CommentsPermalink
(7) many members of the Museum's Friends have supported the Museum annually since the Museum began in 1991;CommentsClose CommentsPermalink
(8) quilts exhibited in the Museum are representative of the Nation and its cultures thanks to the wide diversity of themes and topics, quilts, and quiltmakers; andCommentsClose CommentsPermalink
(9) the Museum of the American Quilter's Society has national significance and support.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Museum of the American Quilter's Society, located at 215 Jefferson Street, Paducah, Kentucky, should be designated as the `National Quilt Museum of the United States'.CommentsClose CommentsPermalink
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the National Museum of Wildlife Art in Jackson, Wyoming, is devoted to inspiring global recognition of fine art related to nature and wildlife;CommentsClose CommentsPermalink
(2) the National Museum of Wildlife Art is an excellent example of a thematic museum that strives to unify the humanities and sciences into a coherent body of knowledge through art;CommentsClose CommentsPermalink
(3) the National Museum of Wildlife Art, which was founded in 1987 with a private gift of a collection of art, has grown in stature and importance and is recognized today as the world's premier museum of wildlife art;CommentsClose CommentsPermalink
(4) the National Museum of Wildlife Art is the only public museum in the United States with the mission of enriching and inspiring public appreciation and knowledge of fine art, while exploring the relationship between humanity and nature by collecting fine art focused on wildlife;CommentsClose CommentsPermalink
(5) the National Museum of Wildlife Art is housed in an architecturally significant and award-winning 51,000-square foot facility that overlooks the 28,000-acre National Elk Refuge and is adjacent to the Grand Teton National Park;CommentsClose CommentsPermalink
(6) the National Museum of Wildlife Art is accredited with the American Association of Museums, continues to grow in national recognition and importance with members from every State, and has a Board of Trustees and a National Advisory Board composed of major benefactors and leaders in the arts and sciences from throughout the United States;CommentsClose CommentsPermalink
(7) the permanent collection of the National Museum of Wildlife Art has grown to more than 3,000 works by important historic American artists including Edward Hicks, Anna Hyatt Huntington, Charles M. Russell, William Merritt Chase, and Alexander Calder, and contemporary American artists, including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto, and Jamie Wyeth;CommentsClose CommentsPermalink
(8) the National Museum of Wildlife Art is a destination attraction in the Western United States with annual attendance of 92,000 visitors from all over the world and an award-winning website that receives more than 10,000 visits per week;CommentsClose CommentsPermalink
(9) the National Museum of Wildlife Art seeks to educate a diverse audience through collecting fine art focused on wildlife, presenting exceptional exhibitions, providing community, regional, national, and international outreach, and presenting extensive educational programming for adults and children; andCommentsClose CommentsPermalink
(10) a great opportunity exists to use the invaluable resources of the National Museum of Wildlife Art to teach the schoolchildren of the United States, through onsite visits, traveling exhibits, classroom curriculum, online distance learning, and other educational initiatives.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the National Museum of Wildlife Art, located at 2820 Rungius Road, Jackson, Wyoming, should be designated as the `National Museum of Wildlife Art of the United States'.CommentsClose CommentsPermalink
(a) Redesignation- The Ellis Island Library on the third floor of the Ellis Island Immigration Museum, located on Ellis Island in New York Harbor, shall be known and redesignated as the `Bob Hope Memorial Library'.CommentsClose CommentsPermalink
(b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Ellis Island Library on the third floor of the Ellis Island Immigration Museum referred to in subsection (a) shall be deemed to be a reference to the `Bob Hope Memorial Library'.CommentsClose CommentsPermalink
Subtitle E--Trails and Rivers
Section 5(a) of the National Trails System Act (
`(26) STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Star-Spangled Banner National Historic Trail, a trail consisting of water and overland routes totaling approximately 290 miles, extending from Tangier Island, Virginia, through southern Maryland, the District of Columbia, and northern Virginia, in the Chesapeake Bay, Patuxent River, Potomac River, and north to the Patapsco River, and Baltimore, Maryland, commemorating the Chesapeake Campaign of the War of 1812 (including the British invasion of Washington, District of Columbia, and its associated feints, and the Battle of Baltimore in summer 1814), as generally depicted on the map titled `Star-Spangled Banner National Historic Trail', numbered T02/80,000, and dated June 2007.CommentsClose CommentsPermalink
`(B) MAP- The map referred to in subparagraph (A) shall be maintained on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
`(C) ADMINISTRATION- Subject to subparagraph (E)(ii), the trail shall be administered by the Secretary of the Interior.CommentsClose CommentsPermalink
`(D) LAND ACQUISITION- No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the United States for the trail except with the consent of the owner of the land or interest in land.CommentsClose CommentsPermalink
`(E) PUBLIC PARTICIPATION- The Secretary of the Interior shall--CommentsClose CommentsPermalink
`(i) encourage communities, owners of land along the trail, and volunteer trail groups to participate in the planning, development, and maintenance of the trail; andCommentsClose CommentsPermalink
`(ii) consult with other affected landowners and Federal, State, and local agencies in the administration of the trail.CommentsClose CommentsPermalink
`(F) INTERPRETATION AND ASSISTANCE- Subject to the availability of appropriations, the Secretary of the Interior may provide, to State and local governments and nonprofit organizations, interpretive programs and services and technical assistance for use in--CommentsClose CommentsPermalink
`(i) carrying out preservation and development of the trail; andCommentsClose CommentsPermalink
`(ii) providing education relating to the War of 1812 along the trail.'.CommentsClose CommentsPermalink
(a) Conveyance Authorized- The Secretary of the Interior may convey, without consideration, to the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. (a 501(c)(3) not-for-profit organization with operational headquarters at 100 Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and interest of the United States in and to the federally owned land under jurisdiction of the Secretary consisting of 2 parcels as generally depicted on the map titled `Lewis and Clark National Historic Trail', numbered 648/80,002, and dated March 2006.CommentsClose CommentsPermalink
(b) Survey; Conveyance Cost- The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey and all other costs incurred by the Secretary to convey the land shall be borne by the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc.CommentsClose CommentsPermalink
(c) Condition of Conveyance, Use of Conveyed Land- The conveyance authorized under subsection (a) shall be subject to the condition that the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. use the conveyed land as an historic site and interpretive center for the Lewis and Clark National Historic Trail.CommentsClose CommentsPermalink
(d) Discontinuance of Use- If Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. determines to discontinue use of the land conveyed under subsection (a) as an historic site and interpretive center for the Lewis and Clark National Historic Trail, the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. shall convey lands back to the Secretary without consideration.CommentsClose CommentsPermalink
(e) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) or the conveyance, if any, under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. Through a written agreement with the Foundation, the National Park Service shall ensure that the operation of the land conveyed under subsection (a) is in accordance with National Park Service standards for preservation, maintenance, and interpretation.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- To assist with the operation of the historic site and interpretive center, there is authorized to be appropriated $150,000 per year for a period not to exceed 10 years.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) EASTERN LEGACY SITES- The term `Eastern Legacy sites' means the sites associated with the preparation or return phases of the Lewis and Clark expedition, commonly known as the `Eastern Legacy', including sites in Virginia, the District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. This includes the routes followed by Meriwether Lewis and William Clark, whether independently or together.CommentsClose CommentsPermalink
(2) TRAIL- The term `Trail' means the Lewis and Clark National Historic Trail designated by section 5(a)(6) of the National Trails System Act (
(b) Special Resource Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall complete a special resource study of the Eastern Legacy sites to determine--CommentsClose CommentsPermalink
(A) the suitability and feasibility of adding these sites to the Trail; andCommentsClose CommentsPermalink
(B) the methods and means for the protection and interpretation of these sites by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.CommentsClose CommentsPermalink
(2) STUDY REQUIREMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall conduct the study in accordance with section 5(b) of the National Trails System Act (
(B) IMPACT ON TOURISM- In conducting the study, the Secretary shall analyze the potential impact that the inclusion of the Eastern Legacy sites is likely to have on tourist visitation to the western portion of the trail.CommentsClose CommentsPermalink
(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink
(1) the results of the study; andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary.CommentsClose CommentsPermalink
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The Eightmile River Wild and Scenic River Study Act of 2001 (
(2) The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem.CommentsClose CommentsPermalink
(3) The Eightmile River Wild and Scenic Study Committee has determined that--CommentsClose CommentsPermalink
(A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed;CommentsClose CommentsPermalink
(B) these resource values are manifest within the entire watershed; andCommentsClose CommentsPermalink
(C) the watershed as a whole, including its protection, is itself intrinsically important to this designation.CommentsClose CommentsPermalink
(4) The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole.CommentsClose CommentsPermalink
(5) During the study, the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, prepared a comprehensive management plan for the Eightmile River watershed, dated December 8, 2005 (in this section referred to as the `Eightmile River Watershed Management Plan'), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected lands not owned by the United States.CommentsClose CommentsPermalink
(6) The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan.CommentsClose CommentsPermalink
(7) The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.CommentsClose CommentsPermalink
(8) The State of Connecticut General Assembly enacted Public Act 05-18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.CommentsClose CommentsPermalink
(b) Designation- Section 3(a) of the Wild and Scenic Rivers Act (
(1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);CommentsClose CommentsPermalink
(2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);CommentsClose CommentsPermalink
(3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(170) Eightmile River, Connecticut- Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows:CommentsClose CommentsPermalink
`(A) The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river.CommentsClose CommentsPermalink
`(B) The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river.CommentsClose CommentsPermalink
`(C) The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river.CommentsClose CommentsPermalink
`(D) The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river.CommentsClose CommentsPermalink
`(E) The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.'.CommentsClose CommentsPermalink
(c) Management- The segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (b) (in this section referred to as the `Eightmile River') shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments to the plan as the Secretary of the Interior determines are consistent with this section. The Eightmile River Watershed Management Plan is deemed to satisfy the requirements for a comprehensive management plan required by section 3(d) of the Wild and Scenic Rivers Act (
(d) Committee- The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan.CommentsClose CommentsPermalink
(e) Cooperative Agreements- In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (
(f) Relation to National Park System- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (
(g) Land Management- The zoning ordinances adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, are deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (
(h) Watershed Approach-CommentsClose CommentsPermalink
(1) IN GENERAL- In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed.CommentsClose CommentsPermalink
(2) COVERED TRIBUTARIES- Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b).CommentsClose CommentsPermalink
Subtitle F--Denali National Park and Alaska Railroad Exchange
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CORPORATION- The term `Corporation' means the Alaska Railroad Corporation owned by the State of Alaska.CommentsClose CommentsPermalink
(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Exchange-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) EASEMENT EXPANDED- The Secretary is authorized to grant to the Alaska Railroad Corporation an exclusive-use easement on land that is identified by the Secretary within Denali National Park for the purpose of providing a location to the Corporation for construction, maintenance, and on-going operation of track and associated support facilities for turning railroad trains around near Denali Park Station.CommentsClose CommentsPermalink
(B) EASEMENT RELINQUISHED- In exchange for the easement granted in subparagraph (A), the Secretary shall require the relinquishment of certain portions of the Corporation's existing exclusive use easement within the boundary of Denali National Park.CommentsClose CommentsPermalink
(2) CONDITIONS OF THE EXCHANGE-CommentsClose CommentsPermalink
(A) EQUAL EXCHANGE- The exchange of easements under this section shall be on an approximately equal-acre basis.CommentsClose CommentsPermalink
(B) TOTAL ACRES- The easement granted under paragraph (1)(A) shall not exceed 25 acres.CommentsClose CommentsPermalink
(C) INTERESTS CONVEYED- The easement conveyed to the Alaska Railroad Corporation by the Secretary under this section shall be under the same terms as the exclusive use easement granted to the Railroad in Denali National Park in the Deed for Exclusive Use Easement and Railroad Related Improvements filed in Book 33, pages 985-994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (
(D) COSTS- The Alaska Railroad shall pay all costs associated with the exchange under this section, including the costs of compliance with the National Environmental Policy Act of 1969 (
(E) LAND TO BE PART OF WILDERNESS- The land underlying any easement relinquished to the United States under this section that is adjacent to designated wilderness is hereby designated as wilderness and added to the Denali Wilderness, the boundaries of which are modified accordingly, and shall be managed in accordance with applicable provisions of the Wilderness Act (78 Stat. 892) and the Alaska National Interest Lands Conservation Act of 1980 (94 Stat. 2371).CommentsClose CommentsPermalink
(F) OTHER TERMS AND CONDITIONS- The Secretary shall require any additional terms and conditions under this section that the Secretary determines to be appropriate to protect the interests of the United States and of Denali National Park.CommentsClose CommentsPermalink
Subtitle G--National Underground Railroad Network to Freedom Amendments
(a) In General- The National Underground Railroad Network to Freedom Act of 1998 (
(1) by striking section 3(d);CommentsClose CommentsPermalink
(2) by striking section 4(d); andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
`(a) Amounts- There are authorized to be appropriated to carry out this Act $2,500,000 for each fiscal year, to be allocated as follows:CommentsClose CommentsPermalink
`(1) $2,000,000 is to be used for the purposes of section 3.CommentsClose CommentsPermalink
`(2) $500,000 is to be used for the purposes of section 4.CommentsClose CommentsPermalink
`(b) Restrictions- No amounts may be appropriated for the purposes of this Act except to the Secretary for carrying out the responsibilities of the Secretary as set forth in this Act.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect at the beginning of the fiscal year immediately following the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle H--Grand Canyon Subcontractors
In this subtitle:CommentsClose CommentsPermalink
(1) IDIQ- The term `IDIQ' means an Indefinite Deliver/Indefinite Quantity contract.CommentsClose CommentsPermalink
(2) PARK- The term `park' means Grand Canyon National Park.CommentsClose CommentsPermalink
(3) PGI- The term `PGI' means Pacific General, Inc.CommentsClose CommentsPermalink
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the National Park Service.CommentsClose CommentsPermalink
The Secretary is authorized, subject to the appropriation of such funds as may be necessary, to pay the amount owed to the subcontractors of PGI for work performed at the park under an IDIQ with PGI between fiscal years 2002 and 2003, provided that--CommentsClose CommentsPermalink
(1) the primary contract between PGI and the National Park Service is terminated;CommentsClose CommentsPermalink
(2) the amount owed to the subcontractors is verified;CommentsClose CommentsPermalink
(3) all reasonable legal avenues or recourse have been exhausted by the subcontractors to recoup amounts owed directly from PGI; andCommentsClose CommentsPermalink
(4) the subcontractors provide a written statement that payment of the amount verified in paragraph (2) represents payment in full by the United States for all work performed at the park under the IDIQ with PGI between fiscal years 2002 and 2003.CommentsClose CommentsPermalink
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
The purposes of this subtitle include--CommentsClose CommentsPermalink
(1) to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled `The Journey Through Hallowed Ground National Heritage Area Feasibility Study' dated September 2006;CommentsClose CommentsPermalink
(2) to preserve, support, conserve, and interpret the legacy of the American history created along the National Heritage Area;CommentsClose CommentsPermalink
(3) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;CommentsClose CommentsPermalink
(4) to recognize and interpret important events and geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage;CommentsClose CommentsPermalink
(5) to recognize and interpret the effect of the Civil War on the civilian population of the National Heritage Area during the war and post-war reconstruction period;CommentsClose CommentsPermalink
(6) to enhance a cooperative management framework to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the State of West Virginia, and their units of local government, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural and recreational sites in the National Heritage Area; andCommentsClose CommentsPermalink
(7) to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.CommentsClose CommentsPermalink
In this subtitle--CommentsClose CommentsPermalink
(1) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Journey Through Hallowed Ground National Heritage Area established in this subtitle.CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Journey Through Hallowed Ground Partnership, a Virginia non-profit, which is hereby designated by Congress--CommentsClose CommentsPermalink
(A) to develop, in partnership with others, the management plan for the National Heritage Area; andCommentsClose CommentsPermalink
(B) to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.CommentsClose CommentsPermalink
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(a) Establishment- There is hereby established the Journey Through Hallowed Ground National Heritage Area.CommentsClose CommentsPermalink
(b) Boundaries-CommentsClose CommentsPermalink
(1) IN GENERAL- The Heritage Area shall consist of the 175-mile region generally following the Route 15 corridor and surrounding areas from Adams County, Pennsylvania, through Frederick County, Maryland, including the Heart of the Civil War Maryland State Heritage Area, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia, back through Loudoun County, Virginia, to the Route 15 corridor and surrounding areas encompassing portions of Loudoun and Prince William Counties, Virginia, then Fauquier County, Virginia, portions of Spotsylvania and Madison Counties, Virginia, and Culpepper, Rappahannock, Orange, and Albemarle Counties, Virginia.CommentsClose CommentsPermalink
(2) MAP- The boundaries of the National Heritage Area shall include all of those lands and interests as generally depicted on the map titled `Journey Through Hallowed Ground National Heritage Area', numbered P90/80,000, and dated October 2006. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink
(a) Requirements- The management plan for the National Heritage Area shall--CommentsClose CommentsPermalink
(1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;CommentsClose CommentsPermalink
(2) include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;CommentsClose CommentsPermalink
(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink
(5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(6) describe a program for implementation for the management plan, including--CommentsClose CommentsPermalink
(A) performance goals;CommentsClose CommentsPermalink
(B) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink
(7) include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; andCommentsClose CommentsPermalink
(8) include a business plan that--CommentsClose CommentsPermalink
(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; andCommentsClose CommentsPermalink
(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.CommentsClose CommentsPermalink
(b) Deadline-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.CommentsClose CommentsPermalink
(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(c) Approval of Management Plan-CommentsClose CommentsPermalink
(1) REVIEW- Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.CommentsClose CommentsPermalink
(3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether--CommentsClose CommentsPermalink
(A) the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;CommentsClose CommentsPermalink
(B) the local coordinating entity--CommentsClose CommentsPermalink
(i) has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; andCommentsClose CommentsPermalink
(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;CommentsClose CommentsPermalink
(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;CommentsClose CommentsPermalink
(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;CommentsClose CommentsPermalink
(F) the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; andCommentsClose CommentsPermalink
(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.CommentsClose CommentsPermalink
(4) DISAPPROVAL-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary--CommentsClose CommentsPermalink
(i) shall advise the local coordinating entity in writing of the reasons for the disapproval; andCommentsClose CommentsPermalink
(ii) may make recommendations to the local coordinating entity for revisions to the management plan.CommentsClose CommentsPermalink
(B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(5) AMENDMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(B) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(6) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink
(A) provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; andCommentsClose CommentsPermalink
(B) enter into cooperative agreements with interested parties to carry out this subtitle.CommentsClose CommentsPermalink
(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall--CommentsClose CommentsPermalink
(1) conduct an evaluation of the accomplishments of the National Heritage Area; andCommentsClose CommentsPermalink
(2) prepare a report in accordance with subsection (c).CommentsClose CommentsPermalink
(b) Evaluation- An evaluation conducted under subsection (a)(1) shall--CommentsClose CommentsPermalink
(1) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; andCommentsClose CommentsPermalink
(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;CommentsClose CommentsPermalink
(2) analyze the Federal, State, Tribal, local, and private investments in the National Heritage Area to determine the impact of the investments; andCommentsClose CommentsPermalink
(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.CommentsClose CommentsPermalink
(c) Report- Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink
(a) Duties- To further the purposes of the National Heritage Area, the Journey Through Hallowed Ground Partnership, as the local coordinating entity, shall--CommentsClose CommentsPermalink
(1) prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;CommentsClose CommentsPermalink
(2) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying--CommentsClose CommentsPermalink
(A) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(B) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(C) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(D) the amounts leveraged with Federal funds and sources of the leveraging; andCommentsClose CommentsPermalink
(E) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink
(4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.CommentsClose CommentsPermalink
(b) Authorities- For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to--CommentsClose CommentsPermalink
(1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;CommentsClose CommentsPermalink
(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(3) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(A) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(B) economic and community development; andCommentsClose CommentsPermalink
(C) heritage planning;CommentsClose CommentsPermalink
(4) obtain funds or services from any source, including other Federal programs;CommentsClose CommentsPermalink
(5) contract for goods or services; andCommentsClose CommentsPermalink
(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(c) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.CommentsClose CommentsPermalink
(a) In General- Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink
(c) Other Federal Agencies- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; orCommentsClose CommentsPermalink
(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
Nothing in this subtitle--CommentsClose CommentsPermalink
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy or water or water-related infrastructure;CommentsClose CommentsPermalink
(4) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; orCommentsClose CommentsPermalink
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(a) Authorization of Appropriations- Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.CommentsClose CommentsPermalink
(b) Limitation on Total Amounts Appropriated- Not more than $15,000,000 may be appropriated to carry out this subtitle.CommentsClose CommentsPermalink
(c) Cost-Sharing Requirement- The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.CommentsClose CommentsPermalink
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of enactment of this subtitle.CommentsClose CommentsPermalink
Subtitle B--Niagara Falls National Heritage Area
The purposes of this subtitle include--CommentsClose CommentsPermalink
(1) to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the National Park Service study report entitled `Niagara National Heritage Area Study' dated 2005;CommentsClose CommentsPermalink
(2) to preserve, support, conserve, and interpret the natural, scenic, cultural, and historic resources within the National Heritage Area;CommentsClose CommentsPermalink
(3) to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public;CommentsClose CommentsPermalink
(4) to recognize and interpret important events and geographic locations representing key developments in American history and culture, including Native American, Colonial American, European American, and African American heritage;CommentsClose CommentsPermalink
(5) to enhance a cooperative management framework to assist State, local, and Tribal governments, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural, and recreational sites in the National Heritage Area;CommentsClose CommentsPermalink
(6) to conserve and interpret the history of the development of hydroelectric power in the United States and its role in developing the American economy; andCommentsClose CommentsPermalink
(7) to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.CommentsClose CommentsPermalink
In this subtitle:CommentsClose CommentsPermalink
(1) COMMISSION- The term `Commission' means the Niagara Falls National Heritage Area Commission established under this subtitle.CommentsClose CommentsPermalink
(2) GOVERNOR- The term `Governor' means the Governor of the State of New York.CommentsClose CommentsPermalink
(3) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the National Heritage Area designated pursuant to this subtitle.CommentsClose CommentsPermalink
(4) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.CommentsClose CommentsPermalink
(5) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Niagara Falls National Heritage Area established in this subtitle.CommentsClose CommentsPermalink
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(a) Establishment- There is hereby established the Niagara Falls National Heritage Area.CommentsClose CommentsPermalink
(b) Boundaries-CommentsClose CommentsPermalink
(1) IN GENERAL- The National Heritage Area shall consist of the area from the western boundary of the town of Wheatfield, New York, extending to the mouth of the Niagara River on Lake Ontario, including the city of Niagara Falls, New York, the villages of Youngstown and Lewiston, New York, land and water within the boundaries of the Heritage Area in Niagara County, New York, and any additional thematically related sites within Erie and Niagara Counties, New York, that are identified in the management plan developed under this subtitle.CommentsClose CommentsPermalink
(2) MAP- The boundaries of the National Heritage Area shall be as generally depicted on the map titled `Niagara Falls National Heritage Area,' and numbered P76/80,000 and dated July, 2006. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink
(a) Requirements- The management plan for the National Heritage Area shall--CommentsClose CommentsPermalink
(1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;CommentsClose CommentsPermalink
(2) include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;CommentsClose CommentsPermalink
(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink
(5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(6) describe a program for implementation for the management plan, including--CommentsClose CommentsPermalink
(A) performance goals;CommentsClose CommentsPermalink
(B) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink
(7) include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; andCommentsClose CommentsPermalink
(8) include a business plan that--CommentsClose CommentsPermalink
(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; andCommentsClose CommentsPermalink
(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.CommentsClose CommentsPermalink
(b) Deadline-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.CommentsClose CommentsPermalink
(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(c) Approval of Management Plan-CommentsClose CommentsPermalink
(1) REVIEW- Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretary shall consult with the Governor before approving a management plan for the National Heritage Area.CommentsClose CommentsPermalink
(3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether--CommentsClose CommentsPermalink
(A) the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;CommentsClose CommentsPermalink
(B) the local coordinating entity--CommentsClose CommentsPermalink
(i) has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; andCommentsClose CommentsPermalink
(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;CommentsClose CommentsPermalink
(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;CommentsClose CommentsPermalink
(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;CommentsClose CommentsPermalink
(F) the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; andCommentsClose CommentsPermalink
(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.CommentsClose CommentsPermalink
(4) DISAPPROVAL-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary--CommentsClose CommentsPermalink
(i) shall advise the local coordinating entity in writing of the reasons for the disapproval; andCommentsClose CommentsPermalink
(ii) may make recommendations to the local coordinating entity for revisions to the management plan.CommentsClose CommentsPermalink
(B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(5) AMENDMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(B) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(6) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink
(A) provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; andCommentsClose CommentsPermalink
(B) enter into cooperative agreements with interested parties to carry out this subtitle.CommentsClose CommentsPermalink
(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle the Secretary shall--CommentsClose CommentsPermalink
(1) conduct an evaluation of the accomplishments of the National Heritage Area; andCommentsClose CommentsPermalink
(2) prepare a report in accordance with subsection (c).CommentsClose CommentsPermalink
(b) Evaluation- An evaluation conducted under subsection (a)(1) shall--CommentsClose CommentsPermalink
(1) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; andCommentsClose CommentsPermalink
(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;CommentsClose CommentsPermalink
(2) analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; andCommentsClose CommentsPermalink
(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.CommentsClose CommentsPermalink
(c) Report- Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink
(a) Designation- The local coordinating entity for the Heritage Area shall be--CommentsClose CommentsPermalink
(1) for the 5-year period beginning on the date of enactment of this subtitle, the Commission; andCommentsClose CommentsPermalink
(2) on expiration of the 5-year period described in paragraph (1), a private nonprofit or governmental organization designated by the Commission.CommentsClose CommentsPermalink
(b) Duties- To further the purposes of the National Heritage Area, the local coordinating entity, shall--CommentsClose CommentsPermalink
(1) prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;CommentsClose CommentsPermalink
(2) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying--CommentsClose CommentsPermalink
(A) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(B) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(C) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(D) the amounts leveraged with Federal funds and sources of the leveraging; andCommentsClose CommentsPermalink
(E) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area; andCommentsClose CommentsPermalink
(5) coordinate projects, activities, and programs with the Erie Canalway National Heritage Corridor.CommentsClose CommentsPermalink
(c) Authorities- For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to--CommentsClose CommentsPermalink
(1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;CommentsClose CommentsPermalink
(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(3) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(A) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(B) economic and community development; andCommentsClose CommentsPermalink
(C) heritage planning;CommentsClose CommentsPermalink
(4) obtain funds or services from any source, including other Federal programs;CommentsClose CommentsPermalink
(5) contract for goods or services; andCommentsClose CommentsPermalink
(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(d) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.CommentsClose CommentsPermalink
(a) Establishment- There is established within the Department of the Interior the Niagara Falls National Heritage Area Commission.CommentsClose CommentsPermalink
(b) Membership- The Commission shall be composed of 17 members, of whom--CommentsClose CommentsPermalink
(1) 1 member shall be the Director of the National Park Service (or a designee);CommentsClose CommentsPermalink
(2) 5 members shall be appointed by the Secretary, after consideration of the recommendation of the Governor, from among individuals with knowledge and experience of--CommentsClose CommentsPermalink
(A) the New York State Office of Parks, Recreation and Historic Preservation, the Niagara River Greenway Commission, the New York Power Authority, the USA Niagara Development Corporation, and the Niagara Tourism and Convention Corporation; orCommentsClose CommentsPermalink
(B) any successors of the agencies described in subparagraph (A);CommentsClose CommentsPermalink
(3) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of Niagara Falls, New York;CommentsClose CommentsPermalink
(4) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Youngstown, New York;CommentsClose CommentsPermalink
(5) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Lewiston, New York;CommentsClose CommentsPermalink
(6) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the Tuscarora Nation;CommentsClose CommentsPermalink
(7) 1 member shall be appointed by the Secretary, after consideration of the recommendation of the Seneca Nation of Indians; andCommentsClose CommentsPermalink
(8) 6 members shall be individuals who have an interest in, support for, and expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and education, or museum services, of whom--CommentsClose CommentsPermalink
(A) 4 members shall be appointed by the Secretary, after consideration of the recommendation of the 2 members of the Senate from the State; andCommentsClose CommentsPermalink
(B) 2 members shall be appointed by the Secretary, after consideration of the recommendation of the Member of the House of Representatives whose district encompasses the National Heritage Area.CommentsClose CommentsPermalink
(c) Terms; Vacancies-CommentsClose CommentsPermalink
(1) TERM- A member of the Commission shall be appointed for a term not to exceed 5 years.CommentsClose CommentsPermalink
(2) VACANCIES-CommentsClose CommentsPermalink
(A) PARTIAL TERM- A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.CommentsClose CommentsPermalink
(B) IN GENERAL- A vacancy on the Commission shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(d) Chairperson and Vice Chairperson-CommentsClose CommentsPermalink
(1) SELECTION- The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.CommentsClose CommentsPermalink
(2) VICE CHAIRPERSON- The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.CommentsClose CommentsPermalink
(e) Quorum-CommentsClose CommentsPermalink
(1) IN GENERAL- A majority of the members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink
(2) TRANSACTION- For the transaction of any business or the exercise of any power of the Commission, the Commission shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance.CommentsClose CommentsPermalink
(f) Meetings-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall meet at least quarterly at the call of--CommentsClose CommentsPermalink
(A) the Chairperson; orCommentsClose CommentsPermalink
(B) a majority of the members of the Commission.CommentsClose CommentsPermalink
(2) NOTICE- Notice of Commission meetings and agendas for the meetings shall be published in local newspapers that are distributed throughout the National Heritage Area.CommentsClose CommentsPermalink
(3) APPLICABLE LAW- Meetings of the Commission shall be subject to
(g) Authorities of the Commission- In addition to the authorities otherwise granted in this subtitle, the Commission may--CommentsClose CommentsPermalink
(1) request and accept from the head of any Federal agency, on a reimbursable or non-reimbursable basis, any personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission;CommentsClose CommentsPermalink
(2) request and accept from the head of any State agency or any agency of a political subdivision of the State, on a reimbursable or nonreimbursable basis, any personnel of the agency to the Commission to assist in carrying out the duties of the Commission;CommentsClose CommentsPermalink
(3) seek, accept, and dispose of gifts, bequests, grants, or donations of money, personal property, or services; andCommentsClose CommentsPermalink
(4) use the United States mails in the same manner as other agencies of the Federal Government.CommentsClose CommentsPermalink
(h) Duties of the Commission- To further the purposes of the National Heritage Area, in addition to the duties otherwise listed in this subtitle, the Commission shall assist in the transition of the management of the National Heritage Area from the Commission to the local coordinating entity designated under this subtitle.CommentsClose CommentsPermalink
(i) Compensation of Members-CommentsClose CommentsPermalink
(1) IN GENERAL- A member of the Commission shall serve without compensation.CommentsClose CommentsPermalink
(2) TRAVEL EXPENSES- A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.CommentsClose CommentsPermalink
(j) Gifts- For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift or charitable contribution to the Commission shall be considered to be a charitable contribution or gift to the United States.CommentsClose CommentsPermalink
(k) Use of Federal Funds- Except as provided for the leasing of administrative facilities under subsection (g)(1), the Commission may not use Federal funds made available to the Commission under this subtitle to acquire any real property or interest in real property.CommentsClose CommentsPermalink
(a) In General- Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink
(c) Other Federal Agencies- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; orCommentsClose CommentsPermalink
(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
Nothing in this subtitle--CommentsClose CommentsPermalink
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;CommentsClose CommentsPermalink
(4) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; orCommentsClose CommentsPermalink
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(a) Authorization of Appropriations- Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.CommentsClose CommentsPermalink
(b) Limitation on Total Amounts Appropriated- Not more than $15,000,000 may be appropriated to carry out this subtitle.CommentsClose CommentsPermalink
(c) Cost-Sharing Requirement- The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.CommentsClose CommentsPermalink
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle C--Abraham Lincoln National Heritage Area
The purposes of this subtitle include--CommentsClose CommentsPermalink
(1) to recognize the significant natural and cultural legacies of the area, as demonstrated in the study entitled `Feasibility Study of the Proposed Abraham Lincoln National Heritage Area' prepared for the Looking for Lincoln Heritage Coalition in 2002 and revised in 2007;CommentsClose CommentsPermalink
(2) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;CommentsClose CommentsPermalink
(3) to recognize and interpret important events and geographic locations representing key periods in the growth of America, including Native American, Colonial American, European American, and African American heritage;CommentsClose CommentsPermalink
(4) to recognize and interpret the distinctive role the region played in shaping the man who would become the 16th President of the United States, and how Abraham Lincoln's life left its traces in the stories, folklore, buildings, streetscapes, and landscapes of the region;CommentsClose CommentsPermalink
(5) to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; andCommentsClose CommentsPermalink
(6) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area.CommentsClose CommentsPermalink
In this subtitle:CommentsClose CommentsPermalink
(1) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Looking for Lincoln Heritage Coalition, which is hereby designated by Congress--CommentsClose CommentsPermalink
(A) to develop, in partnership with others, the management plan for the National Heritage Area; andCommentsClose CommentsPermalink
(B) to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.CommentsClose CommentsPermalink
(2) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.CommentsClose CommentsPermalink
(3) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Abraham Lincoln National Heritage Area established in this subtitle.CommentsClose CommentsPermalink
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(a) Establishment- There is hereby established the Abraham Lincoln National Heritage Area.CommentsClose CommentsPermalink
(b) Boundaries-CommentsClose CommentsPermalink
(1) IN GENERAL- The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Central Illinois, consisting of Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and Woodford counties.CommentsClose CommentsPermalink
(2) MAP- The boundaries of the National Heritage Area shall be as generally depicted on the map titled `Proposed Abraham Lincoln National Heritage Area', and numbered 338/80,000, and dated July 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink
(a) Requirements- The management plan for the National Heritage Area shall--CommentsClose CommentsPermalink
(1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;CommentsClose CommentsPermalink
(2) include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;CommentsClose CommentsPermalink
(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink
(5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(6) describe a program for implementation for the management plan, including--CommentsClose CommentsPermalink
(A) performance goals;CommentsClose CommentsPermalink
(B) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink
(7) include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; andCommentsClose CommentsPermalink
(8) include a business plan that--CommentsClose CommentsPermalink
(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; andCommentsClose CommentsPermalink
(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.CommentsClose CommentsPermalink
(b) Deadline-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.CommentsClose CommentsPermalink
(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(c) Approval of Management Plan-CommentsClose CommentsPermalink
(1) REVIEW- Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.CommentsClose CommentsPermalink
(3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether--CommentsClose CommentsPermalink
(A) the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;CommentsClose CommentsPermalink
(B) the local coordinating entity--CommentsClose CommentsPermalink
(i) has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; andCommentsClose CommentsPermalink
(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;CommentsClose CommentsPermalink
(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink
(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;CommentsClose CommentsPermalink
(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;CommentsClose CommentsPermalink
(F) the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; andCommentsClose CommentsPermalink
(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.CommentsClose CommentsPermalink
(4) DISAPPROVAL-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary--CommentsClose CommentsPermalink
(i) shall advise the local coordinating entity in writing of the reasons for the disapproval; andCommentsClose CommentsPermalink
(ii) may make recommendations to the local coordinating entity for revisions to the management plan.CommentsClose CommentsPermalink
(B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(5) AMENDMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(B) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(6) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink
(A) provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; andCommentsClose CommentsPermalink
(B) enter into cooperative agreements with interested parties to carry out this subtitle.CommentsClose CommentsPermalink
(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall--CommentsClose CommentsPermalink
(1) conduct an evaluation of the accomplishments of the National Heritage Area; andCommentsClose CommentsPermalink
(2) prepare a report in accordance with subsection (c).CommentsClose CommentsPermalink
(b) Evaluation- An evaluation conducted under subsection (a)(1) shall--CommentsClose CommentsPermalink
(1) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; andCommentsClose CommentsPermalink
(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;CommentsClose CommentsPermalink
(2) analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; andCommentsClose CommentsPermalink
(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.CommentsClose CommentsPermalink
(c) Report- Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink
(a) Duties- To further the purposes of the National Heritage Area, the Looking for Lincoln Heritage Coalition, as the local coordinating entity, shall--CommentsClose CommentsPermalink
(1) prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;CommentsClose CommentsPermalink
(2) submit an annual report to the secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying--CommentsClose CommentsPermalink
(A) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(B) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(C) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(D) the amounts leveraged with Federal funds and sources of the leveraging; andCommentsClose CommentsPermalink
(E) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink
(4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.CommentsClose CommentsPermalink
(b) Authorities- For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to--CommentsClose CommentsPermalink
(1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;CommentsClose CommentsPermalink
(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(3) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(A) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(B) economic and community development; andCommentsClose CommentsPermalink
(C) heritage planning;CommentsClose CommentsPermalink
(4) obtain funds or services from any source, including other Federal programs;CommentsClose CommentsPermalink
(5) contract for goods or services; andCommentsClose CommentsPermalink
(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(c) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.CommentsClose CommentsPermalink
(a) In General- Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink
(c) Other Federal Agencies- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; orCommentsClose CommentsPermalink
(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
Nothing in this subtitle--CommentsClose CommentsPermalink
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;CommentsClose CommentsPermalink
(4) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; orCommentsClose CommentsPermalink
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(a) Authorization of Appropriations- Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.CommentsClose CommentsPermalink
(b) Limitation on Total Amounts Appropriated- Not more than $15,000,000 may be appropriated to carry out this subtitle.CommentsClose CommentsPermalink
(c) Cost-Sharing Requirement- The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.CommentsClose CommentsPermalink
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of the enactment of this subtitle.CommentsClose CommentsPermalink
Subtitle D--Authorization Extensions and Viability Studies
Division II of the Omnibus Parks and Public Lands Management Act of 1996 (
(a) In General- For the nine National Heritage Areas authorized in Division II of the Omnibus Parks and Public Lands Management Act of 1996, not later than 3 years before the date on which authority for Federal funding terminates for each National Heritage Area, the Secretary shall--CommentsClose CommentsPermalink
(1) conduct an evaluation of the accomplishments of the National Heritage Area; andCommentsClose CommentsPermalink
(2) prepare a report in accordance with subsection (c).CommentsClose CommentsPermalink
(b) Evaluation- An evaluation conducted under subsection (a)(1) shall--CommentsClose CommentsPermalink
(1) assess the progress of the local management entity with respect to--CommentsClose CommentsPermalink
(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; andCommentsClose CommentsPermalink
(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;CommentsClose CommentsPermalink
(2) analyze the investments of Federal, State, Tribal, and local government and private entities in each National Heritage Area to determine the impact of the investments; andCommentsClose CommentsPermalink
(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.CommentsClose CommentsPermalink
(c) Report- Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink
Subtitle E--Technical Corrections and Additions
Title I of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (
(1) by striking section 103(b) and inserting the following:CommentsClose CommentsPermalink
`(b) Boundaries- The National Coal Heritage Area shall be comprised of Lincoln County, West Virginia, and Paint Creek and Cabin Creek within Kanawah County, West Virginia, and the counties that are the subject of the study by the National Park Service, dated 1993, entitled `A Coal Mining Heritage Study: Southern West Virginia' conducted pursuant to title VI of
.';CommentsClose CommentsPermalink Public Law 100-699
(2) by striking section 105 and inserting the following:CommentsClose CommentsPermalink
`SEC. 105. ELIGIBLE RESOURCES.
`(a) In General- The resources eligible for the assistance under section 104 shall include--CommentsClose CommentsPermalink
`(1) resources in Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawah County, West Virginia, as determined to be appropriate by the National Coal Heritage Area Authority; andCommentsClose CommentsPermalink
`(2) the resources set forth in appendix D of the study by the National Park Service, dated 1993, entitled `A Coal Mining Heritage Study: Southern West Virginia' conducted pursuant to title VI of
.CommentsClose CommentsPermalink Public Law 100-699 `(b) Priority- Priority consideration shall be given to those sites listed as `Conservation Priorities' and `Important Historic Resources' as depicted on the map entitled `Study Area: Historic Resources' in such study.';CommentsClose CommentsPermalink
(3) in section 106(a)--CommentsClose CommentsPermalink
(A) by striking `Governor' and all that follows through `Parks,' and inserting `National Coal Heritage Area Authority'; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking `State of West Virginia' and all that follows through `entities, or' and inserting `National Coal Heritage Area Authority or'; andCommentsClose CommentsPermalink
(4) in section 106(b), by inserting `not' before `meet'.CommentsClose CommentsPermalink
Section 403(b) of title IV of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (
Section 604(b)(2) of title VI of Division II of the Omnibus Parks and Public Lands Management Act of 1996 is amended by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(O) Berkeley County.CommentsClose CommentsPermalink
`(P) Saluda County.CommentsClose CommentsPermalink
`(Q) The portion of Georgetown County that is not part of the Gullah/Geechee Cultural Heritage Corridor.'.CommentsClose CommentsPermalink
Title VIII of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (
(1) by striking `Canal National Heritage Corridor' each place it appears and inserting `National Heritage Canalway';CommentsClose CommentsPermalink
(2) by striking `corridor' each place it appears and inserting `canalway', except in references to the feasibility study and management plan;CommentsClose CommentsPermalink
(3) in the heading of section 808(a)(3), by striking `CORRIDOR' and inserting `CANALWAY';CommentsClose CommentsPermalink
(4) in the title heading, by striking `CANAL NATIONAL HERITAGE CORRIDOR' and inserting `NATIONAL HERITAGE CANALWAY';CommentsClose CommentsPermalink
(5) in section 803--CommentsClose CommentsPermalink
(A) by striking paragraph (2);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively;CommentsClose CommentsPermalink
(C) in paragraph (2) (as redesignated by subparagraph (B)), by striking `808' and inserting `806'; andCommentsClose CommentsPermalink
(D) in paragraph (6) (as redesignated by subparagraph (B)), by striking `807(a)' and inserting `805(a)';CommentsClose CommentsPermalink
(6) in the heading of section 804, by striking `canal national heritage corridor' and inserting `national heritage canalway';CommentsClose CommentsPermalink
(7) in the second sentence of section 804(b)(1), by striking `808' and inserting `806';CommentsClose CommentsPermalink
(8) by striking sections 805 and 806;CommentsClose CommentsPermalink
(9) by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 806, 807, 808, 809, and 810, respectively;CommentsClose CommentsPermalink
(10) in section 805(c)(2) (as redesignated by paragraph (9)), by striking `808' and inserting `806';CommentsClose CommentsPermalink
(11) in section 806 (as redesignated by paragraph (9))--CommentsClose CommentsPermalink
(A) in subsection (a)(1), by striking `Committee' and inserting `Secretary';CommentsClose CommentsPermalink
(B) in the heading of subsection (a)(1), by striking `COMMITTEE' and inserting `SECRETARY';CommentsClose CommentsPermalink
(C) in subsection (a)(3), in the first sentence of subparagraph (B), by striking `Committee' and inserting `management entity';CommentsClose CommentsPermalink
(D) in subsection (e), by striking `807(d)(1)' and inserting `805(d)(1)'; andCommentsClose CommentsPermalink
(E) in subsection (f), by striking `807(d)(1)' and inserting `805(d)(1)';CommentsClose CommentsPermalink
(12) in section 807 (as redesignated by paragraph (9)), in subsection (c) by striking `Cayohoga Valley National Recreation Area' and inserting `Cayohoga Valley National Park';CommentsClose CommentsPermalink
(13) in section 808 (as redesignated by paragraph (9))--CommentsClose CommentsPermalink
(A) in subsection (b), by striking `Committee or'; andCommentsClose CommentsPermalink
(B) in subsection (c), in the matter before paragraph (1), by striking `Committee' and inserting `management entity'; andCommentsClose CommentsPermalink
(14) in section 809 (as redesignated by paragraph (9)), by striking `assistance' and inserting `financial assistance'.CommentsClose CommentsPermalink
Section 6 of
(1) Strike paragraph (1) of subsection (b) and insert the following new paragraph:CommentsClose CommentsPermalink
`(1) IN GENERAL- Amounts made available under subsection (a) shall be used only for--CommentsClose CommentsPermalink
`(A) technical assistance;CommentsClose CommentsPermalink
`(B) the design and fabrication of interpretive materials, devices, and signs; andCommentsClose CommentsPermalink
`(C) the preparation of the strategic plan.'.CommentsClose CommentsPermalink
(2) Paragraph (3) of subsection (b) is amended by inserting after subparagraph (B) a new subparagraph as follows:CommentsClose CommentsPermalink
`(C) Notwithstanding paragraph (3)(A), funds made available under subsection (a) for the preparation of the strategic plan shall not require a non-Federal match.'.CommentsClose CommentsPermalink
(3) Subsection (c) is amended by striking `2007' and inserting `2011'.CommentsClose CommentsPermalink
Subtitle F--Studies
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(2) STUDY AREA- The term `study area' means--CommentsClose CommentsPermalink
(A) the coastal areas of Clatsop and Pacific Counties (also known as the North Beach Peninsula); andCommentsClose CommentsPermalink
(B) areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along the Columbia River eastward in Clatsop, Pacific, Columbia, and Wahkiakum Counties.CommentsClose CommentsPermalink
(b) Columbia-Pacific National Heritage Area Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the managers of any Federal land within the study area, appropriate State and local governmental agencies, tribal governments, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Columbia-Pacific National Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The study shall include analysis, documentation, and determinations on whether the study area--CommentsClose CommentsPermalink
(A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;CommentsClose CommentsPermalink
(B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;CommentsClose CommentsPermalink
(C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;CommentsClose CommentsPermalink
(D) provides outstanding recreational and educational opportunities;CommentsClose CommentsPermalink
(E) contains resources important to the identified theme or themes of the study area that retain a degree of integrity capable of supporting interpretation;CommentsClose CommentsPermalink
(F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area;CommentsClose CommentsPermalink
(G) has a potential local coordinating entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; andCommentsClose CommentsPermalink
(H) has a conceptual boundary map that is supported by the public.CommentsClose CommentsPermalink
(3) PRIVATE PROPERTY- In conducting the study required by this subsection, the Secretary shall analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering the proposed area that is privately owned at the time that the study is conducted.CommentsClose CommentsPermalink
(c) Report- Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term `Heritage Area' means a National Heritage Area in the State to honor Abraham Lincoln.CommentsClose CommentsPermalink
(2) STATE- The term `State' means the Commonwealth of Kentucky.CommentsClose CommentsPermalink
(3) STUDY AREA- The term `study area' means the study area described in subsection (b)(2).CommentsClose CommentsPermalink
(b) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Kentucky Historical Society, other State historical societies, the State Historic Preservation Officer, State tourism offices, and other appropriate organizations and agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as a National Heritage Area in the State to honor Abraham Lincoln.CommentsClose CommentsPermalink
(2) DESCRIPTION OF STUDY AREA- The study area shall include--CommentsClose CommentsPermalink
(A) Boyle, Breckinridge, Fayette, Franklin, Hardin, Jefferson, Jessamine, Larue, Madison, Mercer, and Washington Counties in the State; andCommentsClose CommentsPermalink
(B) the following sites in the State:CommentsClose CommentsPermalink
(i) The Abraham Lincoln Birthplace National Historic Site.CommentsClose CommentsPermalink
(ii) The Abraham Lincoln Boyhood Home Unit.CommentsClose CommentsPermalink
(iii) Downtown Hodgenville, Kentucky, including the Lincoln Museum and Adolph A. Weinman statue.CommentsClose CommentsPermalink
(iv) Lincoln Homestead State Park and Mordecai Lincoln House.CommentsClose CommentsPermalink
(v) Camp Nelson Heritage Park.CommentsClose CommentsPermalink
(vi) Farmington Historic Home.CommentsClose CommentsPermalink
(vii) The Mary Todd Lincoln House.CommentsClose CommentsPermalink
(viii) Ashland, which is the Henry Clay Estate.CommentsClose CommentsPermalink
(ix) The Old State Capitol.CommentsClose CommentsPermalink
(x) The Kentucky Military History Museum.CommentsClose CommentsPermalink
(xi) The Thomas D. Clark Center for Kentucky History.CommentsClose CommentsPermalink
(xii) The New State Capitol.CommentsClose CommentsPermalink
(xiii) Whitehall.CommentsClose CommentsPermalink
(xiv) Perryville Battlefield State Historic Site.CommentsClose CommentsPermalink
(xv) The Joseph Holt House.CommentsClose CommentsPermalink
(xvi) Elizabethtown, Kentucky, including the Lincoln Heritage House.CommentsClose CommentsPermalink
(xvii) Lincoln Marriage Temple at Fort Harrod.CommentsClose CommentsPermalink
(3) REQUIREMENTS- The study shall include analysis, documentation, and determinations on whether the study area--CommentsClose CommentsPermalink
(A) has an assemblage of natural, historic, and cultural resources that--CommentsClose CommentsPermalink
(i) interpret--CommentsClose CommentsPermalink
(I) the life of Abraham Lincoln; andCommentsClose CommentsPermalink
(II) the contributions of Abraham Lincoln to the United States;CommentsClose CommentsPermalink
(ii) represent distinctive aspects of the heritage of the United States;CommentsClose CommentsPermalink
(iii) are worthy of recognition, conservation, interpretation, and continuing use; andCommentsClose CommentsPermalink
(iv) would be best managed--CommentsClose CommentsPermalink
(I) through partnerships among public and private entities; andCommentsClose CommentsPermalink
(II) by linking diverse and sometimes noncontiguous resources and active communities;CommentsClose CommentsPermalink
(B) reflects traditions, customs, beliefs, and historical events that are a valuable part of the story of the United States;CommentsClose CommentsPermalink
(C) provides--CommentsClose CommentsPermalink
(i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; andCommentsClose CommentsPermalink
(ii) outstanding educational opportunities;CommentsClose CommentsPermalink
(D) contains resources that--CommentsClose CommentsPermalink
(i) are important to any identified themes of the study area; andCommentsClose CommentsPermalink
(ii) retain a degree of integrity capable of supporting interpretation;CommentsClose CommentsPermalink
(E) includes residents, business interests, nonprofit organizations, and State and local governments that--CommentsClose CommentsPermalink
(i) are involved in the planning of the Heritage Area;CommentsClose CommentsPermalink
(ii) have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; andCommentsClose CommentsPermalink
(iii) have demonstrated support for designation of the Heritage Area;CommentsClose CommentsPermalink
(F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Heritage Area while encouraging State and local economic activity; andCommentsClose CommentsPermalink
(G) has a conceptual boundary map that is supported by the public.CommentsClose CommentsPermalink
(c) Report- Not later than the third fiscal year after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--CommentsClose CommentsPermalink
(1) the findings of the study; andCommentsClose CommentsPermalink
(2) any conclusions and recommendations of the Secretary.CommentsClose CommentsPermalink
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(2) STATE- The term `State' means the State of Alaska.CommentsClose CommentsPermalink
(b) Alaska Water Resources Study-CommentsClose CommentsPermalink
(1) STUDY- The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, where appropriate, and in accordance with this section and other applicable provisions of law, shall conduct a study that includes--CommentsClose CommentsPermalink
(A) a survey of accessible water supplies, including aquifers, on the Kenai Peninsula and in the Municipality of Anchorage, the Matanuska-Susitna Borough, the city of Fairbanks, and the Fairbanks Northstar Borough;CommentsClose CommentsPermalink
(B) a survey of water treatment needs and technologies, including desalination, applicable to the water resources of the State; andCommentsClose CommentsPermalink
(C) a review of the need for enhancement of the streamflow information collected by the United States Geological Survey in the State relating to critical water needs in areas such as--CommentsClose CommentsPermalink
(i) infrastructure risks to State transportation;CommentsClose CommentsPermalink
(ii) flood forecasting;CommentsClose CommentsPermalink
(iii) resource extraction; andCommentsClose CommentsPermalink
(iv) fire management.CommentsClose CommentsPermalink
(2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study required by paragraph (1).CommentsClose CommentsPermalink
(c) Sunset- The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Section 15 of
(1) by amending paragraph (2) of subsection (a) to read as follows:CommentsClose CommentsPermalink
`(2) If, as of January 1, 2006, the Secretary of the Interior and the Redwood Valley County Water District have not renegotiated the schedule of payment, the District may enter into such additional non-Federal obligations as are necessary to finance procurement of dedicated water rights and improvements necessary to store and convey those rights to provide for the District's water needs. The Secretary shall reschedule the payments due under loans numbered 14-06-200-8423A and 14-06-200-8423A Amendatory and said payments shall commence when such additional obligations have been financially satisfied by the District. The date of the initial payment owed by the District to the United States shall be regarded as the start of the District's repayment period and the time upon which any interest shall first be computed and assessed under section 5 of the Small Reclamation Projects Act of 1956 (
et seq.).'; andCommentsClose CommentsPermalink 43 U.S.C. 422a
(2) by striking subsection (c).CommentsClose CommentsPermalink
(a) Authority To Transfer- The Secretary of the Interior (hereafter in this section referred to as the `Secretary') shall transfer ownership of the American River Pump Station Project located at Auburn, California, which includes the Pumping Plant, associated facilities, and easements necessary for permanent operation of the facilities, to the Placer County Water Agency, in accordance with the terms of Contract No. 02-LC-20-7790 between the United States and Placer County Water Agency and the terms and conditions established in this section.CommentsClose CommentsPermalink
(b) Federal Costs Nonreimbursable- Federal costs associated with construction of the American River Pump Station Project located at Auburn, California, are nonreimbursable.CommentsClose CommentsPermalink
(c) Grant of Real Property Interest- The Secretary is authorized to grant title to Placer County Water Agency as provided in subsection (a) in full satisfaction of the United States' obligations under Land Purchase Contract 14-06-859-308 to provide a water supply to the Placer County Water Agency.CommentsClose CommentsPermalink
(d) Compliance With Environmental Laws-CommentsClose CommentsPermalink
(1) IN GENERAL- Before conveying land and facilities pursuant to this section, the Secretary shall comply with all applicable requirements under--CommentsClose CommentsPermalink
(A) the National Environmental Policy Act of 1969 (
(B) the Endangered Species Act of 1973 (
(C) any other law applicable to the land and facilities.CommentsClose CommentsPermalink
(2) EFFECT- Nothing in this section modifies or alters any obligations under--CommentsClose CommentsPermalink
(A) the National Environmental Policy Act of 1969 (
(B) the Endangered Species Act of 1973 (
(e) Release From Liability- Effective on the date of transfer to the Placer County Water Agency of any land or facility under this section, the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, consistent with Article 9 of Contract No. 02-LC-20-7790 between the United States and Placer County Water Agency.CommentsClose CommentsPermalink
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Arthur V. Watkins Dam is a feature of the Weber Basin Project, which was authorized by law on August 29, 1949.CommentsClose CommentsPermalink
(2) Increasing the height of Arthur V. Watkins Dam and construction of pertinent facilities may provide additional storage capacity for the development of additional water supply for the Weber Basin Project for uses of municipal and industrial water supply, flood control, fish and wildlife, and recreation.CommentsClose CommentsPermalink
(b) Authorization of Feasibility Study- The Secretary of the Interior, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study on raising the height of Arthur V. Watkins Dam for the development of additional storage to meet water supply needs within the Weber Basin Project area and the Wasatch Front. The feasibility study shall include such environmental evaluation as required under the National Environmental Policy Act of 1969 (
(c) Cost Shares-CommentsClose CommentsPermalink
(1) FEDERAL SHARE- The Federal share of the costs of the study authorized in subsection (b) shall not exceed 50 percent of the total cost of the study.CommentsClose CommentsPermalink
(2) IN-KIND CONTRIBUTIONS- The Secretary shall accept, as appropriate, in-kind contributions of goods or services from the Weber Basin Water Conservancy District. Such goods and services accepted under this subsection shall be counted as part of the non-Federal cost share for the study.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to the Secretary $1,000,000 for the Federal cost share of the study authorized in subsection (b).CommentsClose CommentsPermalink
(e) Sunset- The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey.CommentsClose CommentsPermalink
(2) STATE- The term `State' means the State of New Mexico.CommentsClose CommentsPermalink
(b) Comprehensive Water Plan Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- Upon the request of the Governor of the State and subject to paragraphs (2) through (6), the Secretary shall--CommentsClose CommentsPermalink
(A) provide to the State technical assistance and grants for the development of comprehensive State water plans;CommentsClose CommentsPermalink
(B) conduct water resources mapping in the State; andCommentsClose CommentsPermalink
(C) conduct a comprehensive study of groundwater resources (including potable, brackish, and saline water resources) in the State to assess the quantity, quality, and interaction of groundwater and surface water resources.CommentsClose CommentsPermalink
(2) TECHNICAL ASSISTANCE- Technical assistance provided under paragraph (1) may include--CommentsClose CommentsPermalink
(A) acquisition of hydrologic data, groundwater characterization, database development, and data distribution;CommentsClose CommentsPermalink
(B) expansion of climate, surface water, and groundwater monitoring networks;CommentsClose CommentsPermalink
(C) assessment of existing water resources, surface water storage, and groundwater storage potential;CommentsClose CommentsPermalink
(D) numerical analysis and modeling necessary to provide an integrated understanding of water resources and water management options;CommentsClose CommentsPermalink
(E) participation in State planning forums and planning groups;CommentsClose CommentsPermalink
(F) coordination of Federal water management planning efforts;CommentsClose CommentsPermalink
(G) technical review of data, models, planning scenarios, and water plans developed by the State; andCommentsClose CommentsPermalink
(H) provision of scientific and technical specialists to support State and local activities.CommentsClose CommentsPermalink
(3) ALLOCATION- In providing grants under paragraph (1), the Secretary shall, subject to the availability of appropriations, allocate--CommentsClose CommentsPermalink
(A) $5,000,000 to develop hydrologic models and acquire associated equipment for the New Mexico Rio Grande main stem sections and Rios Pueblo de Taos and Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, and Lower Rio Grande tributaries;CommentsClose CommentsPermalink
(B) $1,500,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for the San Juan River and tributaries;CommentsClose CommentsPermalink
(C) $1,000,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for Southwest New Mexico, including the Animas Basin, the Gila River, and tributaries;CommentsClose CommentsPermalink
(D) $4,500,000 for statewide digital orthophotography mapping; andCommentsClose CommentsPermalink
(E) such sums as are necessary to carry out additional projects consistent with paragraph (2).CommentsClose CommentsPermalink
(4) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The non-Federal share of the total cost of any activity carried out using a grant provided under paragraph (1) shall be 50 percent.CommentsClose CommentsPermalink
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share under subparagraph (A) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the activity assisted.CommentsClose CommentsPermalink
(5) NONREIMBURSABLE BASIS- Any assistance or grants provided to the State under this section shall be made on a non-reimbursable basis.CommentsClose CommentsPermalink
(6) AUTHORIZED TRANSFERS- On request of the State, the Secretary shall directly transfer to 1 or more Federal agencies any amounts made available to the State to carry out this section.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(d) Sunset of Authority- The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(a) Conveyance Required- The Secretary of the Interior shall convey to the Yakima-Tieton Irrigation District, located in Yakima County, Washington, all right, title, and interest of the United States in and to the buildings and lands of the Yakima Project, Washington, in accordance with the terms and conditions set forth in the agreement titled `Agreement Between the United States and the Yakima-Tieton Irrigation District to Transfer Title to Certain Federally Owned Buildings and Lands, With Certain Property Rights, Title, and Interest, to the Yakima-Tieton Irrigation District' (Contract No. 5-07-10-L1658).CommentsClose CommentsPermalink
(b) Liability- Effective upon the date of conveyance under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed buildings and lands, except for damages caused by acts of negligence committed by the United States or by its employees or agents before the date of conveyance. Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), on the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Benefits- After conveyance of the buildings and lands to the Yakima-Tieton Irrigation District under this section--CommentsClose CommentsPermalink
(1) such buildings and lands shall not be considered to be a part of a Federal reclamation project; andCommentsClose CommentsPermalink
(2) such irrigation district shall not be eligible to receive any benefits with respect to any buildings and lands conveyed, except benefits that would be available to a similarly situated person with respect to such buildings and lands that are not part of a Federal reclamation project.CommentsClose CommentsPermalink
(d) Report- If the Secretary of the Interior has not completed the conveyance required under subsection (a) within 12 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that explains the reason such conveyance has not been completed and stating the date by which the conveyance will be completed.CommentsClose CommentsPermalink
Section 202(a)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(a) In General- Notwithstanding section 213 of the Reclamation Reform Act of 1982 (
(b) Applicability of Full-Cost Pricing Limitations- On discharge, in full, of the obligation for repayment of all construction costs described in subsection (a) that are allocated to all land the landowner owns in the District in question, the parcels of land shall not be subject to the ownership and full-cost pricing limitations under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (
(c) Certification- On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 (
(d) Effect- Nothing in this section--CommentsClose CommentsPermalink
(1) modifies any contractual rights under, or amends or reopens, the reclamation contract between the District and the United States; orCommentsClose CommentsPermalink
(2) modifies any rights, obligations, or relationships between the District and landowners in the District under Idaho State law.CommentsClose CommentsPermalink
(a) Extension of Participation of Bureau of Reclamation in Deschutes River Conservancy- Section 301 of the Oregon Resource Conservation Act of 1996 (division B of
(1) in subsection (a)(1), by striking `Deschutes River Basin Working Group' and inserting `Deschutes River Conservancy Working Group';CommentsClose CommentsPermalink
(2) by amending the text of subsection (a)(1)(B) to read as follows: `4 representatives of private interests including two from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers and two from the environmental community;';CommentsClose CommentsPermalink
(3) in subsection (b)(3), by inserting before the final period the following: `, and up to a total amount of $2,000,000 during each of fiscal years 2007 through 2016'; andCommentsClose CommentsPermalink
(4) in subsection (h), by inserting before the period at the end the following: `, and $2,000,000 for each of fiscal years 2007 through 2016'.CommentsClose CommentsPermalink
(b) Wallowa Lake Dam Rehabilitation Act-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) ASSOCIATED DITCH COMPANIES, INCORPORATED- The term `Associated Ditch Companies, Incorporated' means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam.CommentsClose CommentsPermalink
(B) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of Reclamation.CommentsClose CommentsPermalink
(C) WALLOWA LAKE DAM REHABILITATION PROGRAM- The term `Wallowa Lake Dam Rehabilitation Program' means the program for the rehabilitation of the Wallowa Lake Dam in Oregon, as contained in the engineering document titled, `Phase I Dam Assessment and Preliminary Engineering Design', dated December 2002, and on file with the Bureau of Reclamation.CommentsClose CommentsPermalink
(2) AUTHORIZATION TO PARTICIPATE IN PROGRAM-CommentsClose CommentsPermalink
(A) GRANTS AND COOPERATIVE AGREEMENTS- The Secretary may provide grants to, or enter into cooperative or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program.CommentsClose CommentsPermalink
(B) CONDITIONS- As a condition of providing funds under subparagraph (A), the Secretary shall ensure that--CommentsClose CommentsPermalink
(i) the Wallowa Lake Dam Rehabilitation Program and activities under this section meet the standards of the dam safety program of the State of Oregon;CommentsClose CommentsPermalink
(ii) the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to it under this subsection; andCommentsClose CommentsPermalink
(iii) the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this subsection, both while and after activities are conducted using Federal funds provided under this subsection.CommentsClose CommentsPermalink
(C) COST SHARING-CommentsClose CommentsPermalink
(i) IN GENERAL- The Federal share of the costs of activities authorized under this subsection shall not exceed 50 percent.CommentsClose CommentsPermalink
(ii) EXCLUSIONS FROM FEDERAL SHARE- There shall not be credited against the Federal share of such costs--CommentsClose CommentsPermalink
(I) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; andCommentsClose CommentsPermalink
(II) expenditures made by individual agricultural producers in any Federal commodity or conservation program.CommentsClose CommentsPermalink
(D) COMPLIANCE WITH STATE LAW- The Secretary, in carrying out this subsection, shall comply with applicable Oregon State water law.CommentsClose CommentsPermalink
(E) PROHIBITION ON HOLDING TITLE- The Federal Government shall not hold title to any facility rehabilitated or constructed under this subsection.CommentsClose CommentsPermalink
(F) PROHIBITION ON OPERATION AND MAINTENANCE- The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this subsection.CommentsClose CommentsPermalink
(3) RELATIONSHIP TO OTHER LAW- Activities funded under this subsection shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this subsection $6,000,000.CommentsClose CommentsPermalink
(5) SUNSET- The authority of the Secretary to carry out any provisions of this subsection shall terminate 10 years after the date of the enactment of this subsection.CommentsClose CommentsPermalink
(c) Little Butte/Bear Creek Subbasins, Oregon, Water Resource Study-CommentsClose CommentsPermalink
(1) AUTHORIZATION- The Secretary of the Interior, acting through the Bureau of Reclamation, may participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the `Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams, and the Economy Project', dated July 2, 2004.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry out activities under this subsection.CommentsClose CommentsPermalink
(B) NON-FEDERAL SHARE-CommentsClose CommentsPermalink
(i) IN GENERAL- The non-Federal share shall be 50 percent of the total costs of the Bureau of Reclamation in carrying out paragraph (1).CommentsClose CommentsPermalink
(ii) FORM- The non-Federal share required under clause (i) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under paragraph (1).CommentsClose CommentsPermalink
(3) SUNSET- The authority of the Secretary to carry out any provisions of this subsection shall terminate 10 years after the date of the enactment of this section.CommentsClose CommentsPermalink
(d) North Unit Irrigation District- The Act of August 10, 1954 (68 Stat. 679, chapter 663), is amended--CommentsClose CommentsPermalink
(1) in the first section--CommentsClose CommentsPermalink
(A) by inserting `(referred to in this Act as the `District')' after `irrigation district'; andCommentsClose CommentsPermalink
(B) by inserting `(referred to in this Act as the `Contract')' after `1953'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 3. ADDITIONAL TERMS.
`On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications:CommentsClose CommentsPermalink
`(1) In Article 8(a) of the Contract, by deleting `a maximum of 50,000' and inserting `approximately 59,000' after `irrigation service to'.CommentsClose CommentsPermalink
`(2) In Article 11(a) of the Contract, by deleting `The classified irrigable lands within the project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in Class A and 14,044.40 in Class B. These lands and the standards upon which the classification was made are described in the document entitled `Land Classification, North Unit, Deschutes Project, 1953' which is on file in the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and in the office of the District' and inserting `The classified irrigable land within the project comprises 58,902.8 irrigable acres, all of which are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights.'.CommentsClose CommentsPermalink
`(3) In Article 11(c) of the Contract, by deleting `, with the approval of the Secretary,' after `District may', by deleting `the 49,817.75 acre maximum limit on the irrigable area is not exceeded' and inserting `irrigation service is provided to no more than approximately 59,000 acres and no amendment to the District boundary is required' after `time so long as'.CommentsClose CommentsPermalink
`(4) In Article 11(d) of the Contract, by inserting `, and may further be used for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `herein provided'.CommentsClose CommentsPermalink
`(5) By adding at the end of Article 12(d) the following: `(e) Notwithstanding the above subsections of this Article or Article 13 below, beginning with the irrigation season immediately following the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007, the annual installment for each year, for the District, under the Contract, on account of the District's construction charge obligation, shall be a fixed and equal annual amount payable on June 30 the year following the year for which it is applicable, such that the District's total construction charge obligation shall be completely paid by June 30, 2044.'.CommentsClose CommentsPermalink
`(6) In Article 14(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law,' after `and incidental stock and domestic uses', by inserting `and for instream purposes as described above,' after `irrigation, stock and domestic uses', and by inserting `, including natural flow rights out of the Crooked River held by the District' after `irrigation system'.CommentsClose CommentsPermalink
`(7) In Article 29(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `provided in article 11'.CommentsClose CommentsPermalink
`(8) In Article 34 of the Contract, by deleting `The District, after the election and upon the execution of this contract, shall promptly secure final decree of the proper State court approving and confirming this contract and decreeing and adjudging it to be a lawful, valid, and binding general obligation of the District. The District shall furnish to the United States certified copies of such decrees and of all pertinent supporting records.' after `for that purpose.'.CommentsClose CommentsPermalink
`SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
`The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate with the District such terms of the Contract as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation.'.CommentsClose CommentsPermalink
(a) Authorization of Study- Pursuant to reclamation laws, the Secretary of the Interior, acting through the Bureau of Reclamation and in consultation and cooperation with the States of Nebraska, Kansas, and Colorado, may conduct a study to--CommentsClose CommentsPermalink
(1) determine the feasibility of implementing a water supply and conservation project that will--CommentsClose CommentsPermalink
(A) improve water supply reliability in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas, including areas in the counties of Harlan, Franklin, Webster, and Nuckolls in Nebraska and Jewel, Republic, Cloud, Washington, and Clay in Kansas (in this section referred to as the `Republican River Basin');CommentsClose CommentsPermalink
(B) increase the capacity of water storage through modifications of existing projects or through new projects that serve areas in the Republican River Basin; andCommentsClose CommentsPermalink
(C) improve water management efficiency in the Republican River Basin through conservation and other available means and, where appropriate, evaluate integrated water resource management and supply needs in the Republican River Basin; andCommentsClose CommentsPermalink
(2) consider appropriate cost-sharing options for implementation of the project.CommentsClose CommentsPermalink
(b) Cost Sharing- The Federal share of the cost of the study shall not exceed 50 percent of the total cost of the study, and shall be nonreimbursable.CommentsClose CommentsPermalink
(c) Cooperative Agreements- The Secretary shall undertake the study through cooperative agreements with the State of Kansas or Nebraska and other appropriate entities determined by the Secretary.CommentsClose CommentsPermalink
(d) Completion and Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), not later than 3 years after the date of the enactment of this Act, the Secretary of the Interior shall complete the study and transmit to the Congress a report containing the results of the study.CommentsClose CommentsPermalink
(2) EXTENSION- If the Secretary determines that the study cannot be completed within the 3-year period beginning on the date of the enactment of this Act, the Secretary--CommentsClose CommentsPermalink
(A) shall, at the time of that determination, report to the Congress on the status of the study, including an estimate of the date of completion; andCommentsClose CommentsPermalink
(B) complete the study and transmit to the Congress a report containing the results of the study by not later than that date.CommentsClose CommentsPermalink
(e) Sunset of Authority- The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(a) In General- The Reclamation Wastewater and Groundwater Study and Facilities Act (
`SEC. 1639. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER SYSTEM PRESSURIZATION AND EXPANSION PROJECT, CALIFORNIA.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district.CommentsClose CommentsPermalink
`(b) Cost Sharing- The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $12,000,000.CommentsClose CommentsPermalink
`(e) Sunset of Authority- The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this section.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) is amended by inserting after the item relating to section 1638 the following:CommentsClose CommentsPermalink
`Sec. 1639. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.'.CommentsClose CommentsPermalink
(a) Project Authorizations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Reclamation Wastewater and Groundwater Study and Facilities Act (
`SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.CommentsClose CommentsPermalink
`SEC. 1643. PITTSBURG RECYCLED WATER PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,750,000.CommentsClose CommentsPermalink
`SEC. 1644. ANTIOCH RECYCLED WATER PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,250,000.CommentsClose CommentsPermalink
`SEC. 1645. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,500,000.CommentsClose CommentsPermalink
`SEC. 1646. REDWOOD CITY RECYCLED WATER PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,100,000.CommentsClose CommentsPermalink
`SEC. 1647. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $7,000,000.CommentsClose CommentsPermalink
`SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.CommentsClose CommentsPermalink
`(a) Authorization- The Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities.CommentsClose CommentsPermalink
`(b) Cost Share- The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.CommentsClose CommentsPermalink
`(c) Limitation- The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $8,250,000.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 512(b)) is amended by inserting after the item relating to section 1641 the following:CommentsClose CommentsPermalink
`Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline Project.CommentsClose CommentsPermalink
`Sec. 1643. Pittsburg Recycled Water Project.CommentsClose CommentsPermalink
`Sec. 1644. Antioch Recycled Water Project.CommentsClose CommentsPermalink
`Sec. 1645. North Coast County Water District Recycled Water Project.CommentsClose CommentsPermalink
`Sec. 1646. Redwood City Recycled Water Project.CommentsClose CommentsPermalink
`Sec. 1647. South Santa Clara County Recycled Water Project.CommentsClose CommentsPermalink
`Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.'.CommentsClose CommentsPermalink
(b) San Jose Area Water Reclamation and Reuse Project- It is the intent of Congress that a comprehensive water recycling program for the San Francisco Bay Area include the San Jose Area water reclamation and reuse program authorized by section 1607 of the Reclamation Projects Authorization and Adjustment Act of 1992 (
).CommentsClose CommentsPermalink 43 U.S.C. 390h-5
(a) Treatment of Capital Costs- Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.CommentsClose CommentsPermalink
(b) Treatment of Security-Related Operation and Maintenance Costs-CommentsClose CommentsPermalink
(1) REIMBURSABLE COSTS- The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year's Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.CommentsClose CommentsPermalink
(2) COSTS COLLECTED THROUGH WATER RATES- In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.CommentsClose CommentsPermalink
(c) Transparency and Report to Congress-CommentsClose CommentsPermalink
(1) POLICIES AND PROCEDURES- The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).CommentsClose CommentsPermalink
(2) NOTICE- On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice--CommentsClose CommentsPermalink
(A) describing the need for the site security measure and the process for identifying and implementing the site security measure; andCommentsClose CommentsPermalink
(B) summarizing the administrative and legal requirements relating to the site security measure.CommentsClose CommentsPermalink
(3) CONSULTATION- The Secretary shall--CommentsClose CommentsPermalink
(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; andCommentsClose CommentsPermalink
(B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).CommentsClose CommentsPermalink
(4) RESPONSE; NOTICE- Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary--CommentsClose CommentsPermalink
(A) a timely written response describing proposed actions, if any, to address the recommendation; andCommentsClose CommentsPermalink
(B) notice regarding the costs and status of such activities on a periodic basis.CommentsClose CommentsPermalink
(5) REPORT- The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.CommentsClose CommentsPermalink
(d) Pre-September 11, 2001 Security Cost Levels- Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.CommentsClose CommentsPermalink
(a) Findings- The Congress finds that--CommentsClose CommentsPermalink
(1) development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources;CommentsClose CommentsPermalink
(2) some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste;CommentsClose CommentsPermalink
(3) reducing the quantity of produced water returned to the subsurface and increasing the quantity of produced water that is made available for irrigation and other uses--CommentsClose CommentsPermalink
(A) would augment water supplies;CommentsClose CommentsPermalink
(B) could reduce the costs to energy developers for disposing of the water; andCommentsClose CommentsPermalink
(C) in some cases, could increase the efficiency of energy development activities; andCommentsClose CommentsPermalink
(4) it is in the national interest--CommentsClose CommentsPermalink
(A) to limit the quantity of produced water disposed of as waste;CommentsClose CommentsPermalink
(B) to optimize the production of energy resources; andCommentsClose CommentsPermalink
(C) to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment.CommentsClose CommentsPermalink
(b) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to optimize the production of energy resources--CommentsClose CommentsPermalink
(A) by minimizing the quantity of produced water; andCommentsClose CommentsPermalink
(B) by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment; andCommentsClose CommentsPermalink
(2) to demonstrate means of accomplishing those results.CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(1) LOWER BASIN STATE- The term `Lower Basin State' means any of the States of--CommentsClose CommentsPermalink
(A) Arizona;CommentsClose CommentsPermalink
(B) California; andCommentsClose CommentsPermalink
(C) Nevada.CommentsClose CommentsPermalink
(2) PRODUCED WATER- The term `produced water' means water from an underground source that is brought to the surface as part of the process of exploration for, or development of--CommentsClose CommentsPermalink
(A) oil;CommentsClose CommentsPermalink
(B) natural gas;CommentsClose CommentsPermalink
(C) coalbed methane; orCommentsClose CommentsPermalink
(D) any other substance to be used as an energy source.CommentsClose CommentsPermalink
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) UPPER BASIN STATE- The term `Upper Basin State' means any of the States of--CommentsClose CommentsPermalink
(A) Colorado;CommentsClose CommentsPermalink
(B) New Mexico;CommentsClose CommentsPermalink
(C) Utah; andCommentsClose CommentsPermalink
(D) Wyoming.CommentsClose CommentsPermalink
(d) Identification of Problems and Solutions-CommentsClose CommentsPermalink
(1) STUDY- The Secretary shall conduct a study to identify--CommentsClose CommentsPermalink
(A) the technical, economic, environmental, and other obstacles to reducing the quantity of produced water;CommentsClose CommentsPermalink
(B) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality, public health, or the environment;CommentsClose CommentsPermalink
(C) the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in subparagraphs (A) and (B); andCommentsClose CommentsPermalink
(D) the costs and benefits associated with reducing or eliminating the obstacles identified in subparagraphs (A) and (B).CommentsClose CommentsPermalink
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under paragraph (1).CommentsClose CommentsPermalink
(e) Implementation-CommentsClose CommentsPermalink
(1) GRANTS- Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of--CommentsClose CommentsPermalink
(A) optimizing energy resource production by reducing the quantity of produced water generated; orCommentsClose CommentsPermalink
(B) increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment.CommentsClose CommentsPermalink
(2) LIMITATIONS- Assistance under this subsection--CommentsClose CommentsPermalink
(A) shall be provided for--CommentsClose CommentsPermalink
(i) at least 1 project in each of the Upper Basin States; andCommentsClose CommentsPermalink
(ii) at least 1 project in at least 1 of the Lower Basin States;CommentsClose CommentsPermalink
(B) shall not exceed $1,000,000 for any project;CommentsClose CommentsPermalink
(C) shall be used to pay not more than 50 percent of the total cost of a project;CommentsClose CommentsPermalink
(D) shall not be used for the operation or maintenance of any facility; andCommentsClose CommentsPermalink
(E) may be in addition to assistance provided by the Federal Government pursuant to other provisions of law.CommentsClose CommentsPermalink
(f) Consultation, Advice, and Comments- In carrying out this section, including in preparing the report under subsection (d)(2) and establishing criteria to be used in connection with an award of financial assistance under subsection (e), the Secretary shall--CommentsClose CommentsPermalink
(1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials;CommentsClose CommentsPermalink
(2)(A) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 (
(B) to the extent the Secretary determines to be advisable, include that information in the report under subsection (d)(2);CommentsClose CommentsPermalink
(3) seek the advice of--CommentsClose CommentsPermalink
(A) individuals with relevant professional or academic expertise; andCommentsClose CommentsPermalink
(B) individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); andCommentsClose CommentsPermalink
(4) solicit comments and suggestions from the public.CommentsClose CommentsPermalink
(g) Relation to Other Laws- Nothing in this section supersedes, modifies, abrogates, or limits--CommentsClose CommentsPermalink
(1) the effect of any State law or any interstate authority or compact relating to--CommentsClose CommentsPermalink
(A) any use of water; orCommentsClose CommentsPermalink
(B) the regulation of water quantity or quality; orCommentsClose CommentsPermalink
(2) the applicability or effect of any Federal law (including regulations).CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There are authorized to be appropriated--CommentsClose CommentsPermalink
(1) $1,000,000 to carry out subsection (d); andCommentsClose CommentsPermalink
(2) $7,500,000 to carry out subsection (e).CommentsClose CommentsPermalink
(a) Purposes- The purposes of this section are to authorize--CommentsClose CommentsPermalink
(1) the Secretary of the Interior, acting through the Commissioner of Reclamation and in partnership with the States, other Federal agencies, and other non-Federal entities, to continue the cooperative effort among the Federal and non-Federal entities through the implementation of the Platte River Recovery Implementation Program for threatened and endangered species in the Central and Lower Platte River Basin without creating Federal water rights or requiring the grant of water rights to Federal entities; andCommentsClose CommentsPermalink
(2) the modification of the Pathfinder Dam and Reservoir, in accordance with the requirements described in subsection (c).CommentsClose CommentsPermalink
(b) Platte River Recovery Implementation Program-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) AGREEMENT- The term `Agreement' means the Platte River Recovery Implementation Program Cooperative Agreement entered into by the Governors of the States and the Secretary.CommentsClose CommentsPermalink
(B) FIRST INCREMENT- The term `First Increment' means the first 13 years of the Program.CommentsClose CommentsPermalink
(C) GOVERNANCE COMMITTEE- The term `Governance Committee' means the governance committee established under the Agreement and composed of members from the States, the Federal Government, environmental interests, and water users.CommentsClose CommentsPermalink
(D) INTEREST IN LAND OR WATER- The term `interest in land or water' includes a fee title, short- or long-term easement, lease, or other contractual arrangement that is determined to be necessary by the Secretary to implement the land and water components of the Program.CommentsClose CommentsPermalink
(E) PROGRAM- The term `Program' means the Platte River Recovery Implementation Program established under the Agreement.CommentsClose CommentsPermalink
(F) PROJECT OR ACTIVITY- The term `project or activity' means--CommentsClose CommentsPermalink
(i) the planning, design, permitting or other compliance activity, preconstruction activity, construction, construction management, operation, maintenance, and replacement of a facility;CommentsClose CommentsPermalink
(ii) the acquisition of an interest in land or water;CommentsClose CommentsPermalink
(iii) habitat restoration;CommentsClose CommentsPermalink
(iv) research and monitoring;CommentsClose CommentsPermalink
(v) program administration; andCommentsClose CommentsPermalink
(vi) any other activity that is determined to be necessary by the Secretary to carry out the Program.CommentsClose CommentsPermalink
(G) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of Reclamation.CommentsClose CommentsPermalink
(H) STATES- The term `States' means the States of Nebraska, Wyoming, and Colorado.CommentsClose CommentsPermalink
(2) IMPLEMENTATION OF PROGRAM-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, in cooperation with the Governance Committee, may--CommentsClose CommentsPermalink
(i) participate in the Program; andCommentsClose CommentsPermalink
(ii) carry out any projects and activities that are designated for implementation during the First Increment.CommentsClose CommentsPermalink
(B) AUTHORITY OF SECRETARY- For purposes of carrying out this section, the Secretary, in cooperation with the Governance Committee, may--CommentsClose CommentsPermalink
(i) enter into agreements and contracts with Federal and non-Federal entities;CommentsClose CommentsPermalink
(ii) acquire interests in land, water, and facilities from willing sellers without the use of eminent domain;CommentsClose CommentsPermalink
(iii) subsequently transfer any interests acquired under clause (ii); andCommentsClose CommentsPermalink
(iv) accept or provide grants.CommentsClose CommentsPermalink
(3) COST-SHARING CONTRIBUTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- As provided in the Agreement, the States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program.CommentsClose CommentsPermalink
(B) NON-FEDERAL CONTRIBUTIONS- The following contributions shall constitute the States' share of the Program:CommentsClose CommentsPermalink
(i) $30,000,000 in non-Federal funds, with the balance of funds remaining to be contributed to be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter.CommentsClose CommentsPermalink
(ii) Credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary.CommentsClose CommentsPermalink
(C) IN-KIND CONTRIBUTIONS- The Secretary or the States may elect to provide a portion of the Federal share or non-Federal share, respectively, in the form of in-kind goods or services, if the contribution of goods or services is approved by the Governance Committee, as provided in Attachment 1 of the Agreement.CommentsClose CommentsPermalink
(4) AUTHORITY TO MODIFY PROGRAM- The Program may be modified or amended before the completion of the First Increment if the Secretary and the States determine that the modifications are consistent with the purposes of the Program.CommentsClose CommentsPermalink
(5) EFFECT-CommentsClose CommentsPermalink
(A) EFFECT ON RECLAMATION LAWS- No action carried out under this subsection shall, with respect to the acreage limitation provisions of the reclamation laws--CommentsClose CommentsPermalink
(i) be considered in determining whether a district (as the term is defined in section 202 of the Reclamation Reform Act of 1982 (
(ii) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; orCommentsClose CommentsPermalink
(iii) serve as the basis for increasing the construction repayment obligation of the district, which would extend the period during which the acreage limitation provisions would apply.CommentsClose CommentsPermalink
(B) EFFECT ON WATER RIGHTS- Nothing in this section--CommentsClose CommentsPermalink
(i) creates Federal water rights; orCommentsClose CommentsPermalink
(ii) requires the grant of water rights to Federal entities.CommentsClose CommentsPermalink
(6) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- There is authorized to be appropriated to carry out projects and activities under this subsection $157,140,000, as adjusted under subparagraph (C).CommentsClose CommentsPermalink
(B) NONREIMBURSABLE FEDERAL EXPENDITURES- Any amounts expended under subparagraph (A) shall be considered to be nonreimbursable Federal expenditures.CommentsClose CommentsPermalink
(C) ADJUSTMENT- The balance of funds remaining to be appropriated shall be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter.CommentsClose CommentsPermalink
(D) AVAILABILITY OF FUNDS- At the end of each fiscal year, any unexpended funds for projects and activities made available under subparagraph (A) shall be retained for use in future fiscal years to implement projects and activities under the Program.CommentsClose CommentsPermalink
(7) TERMINATION OF AUTHORITY- The authority for the Secretary to implement the First Increment shall terminate on September 30, 2020.CommentsClose CommentsPermalink
(c) Pathfinder Modification Project-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF PROJECT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this subsection as the `Secretary'), may--CommentsClose CommentsPermalink
(i) modify the Pathfinder Dam and Reservoir; andCommentsClose CommentsPermalink
(ii) enter into 1 or more agreements with the State of Wyoming to implement the Pathfinder Modification Project (referred to in this subsection as the `Project'), as described in Appendix F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001).CommentsClose CommentsPermalink
(B) FEDERAL APPROPRIATIONS- No Federal appropriations are required to modify the Pathfinder Dam under this paragraph.CommentsClose CommentsPermalink
(2) AUTHORIZED USES OF PATHFINDER RESERVOIR- Provided that all of the conditions described in paragraph (3) are first met, the approximately 54,000 acre-feet capacity of Pathfinder Reservoir, which has been lost to sediment but will be recaptured by the Project, may be used for municipal, environmental, and other purposes, as described in Appendix F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001).CommentsClose CommentsPermalink
(3) CONDITIONS PRECEDENT- The actions and water uses authorized in paragraphs (1)(A)(i) and (2) shall not occur until each of the following actions have been completed:CommentsClose CommentsPermalink
(A) Final approval from the Wyoming legislature for the export of Project water to the State of Nebraska under the laws (including regulations) of the State of Wyoming.CommentsClose CommentsPermalink
(B) Final approval in a change of water use proceeding under the laws (including regulations) of the State of Wyoming for all new uses planned for Project water. Final approval, as used in this subparagraph, includes exhaustion of any available review under State law of any administrative action authorizing the change of the Pathfinder Reservoir water right.CommentsClose CommentsPermalink
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this section as the `Secretary'), shall--CommentsClose CommentsPermalink
(A) conduct a feasibility study of alternatives to augment the water supplies of--CommentsClose CommentsPermalink
(i) the Central Oklahoma Master Conservatory District (referred to in this section as the `District)'; andCommentsClose CommentsPermalink
(ii) cities served by the District;CommentsClose CommentsPermalink
(2) INCLUSIONS- The study under paragraph (1) shall include recommendations of the Secretary, if any, relating to the alternatives studied.CommentsClose CommentsPermalink
(b) Cost-Sharing Requirement-CommentsClose CommentsPermalink
(1) IN GENERAL- The Federal share of the total costs of the study under subsection (a) shall not exceed 50 percent.CommentsClose CommentsPermalink
(2) FORM OF NON-FEDERAL SHARE- The non-Federal share required under paragraph (1) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the study.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to conduct the study under subsection (a) $900,000.CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
Section 917 of the Energy Policy Act of 2005 (
`SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
`(a) Grants- Not later than 18 months after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2008, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall--CommentsClose CommentsPermalink
`(1) give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;CommentsClose CommentsPermalink
`(2) ensure that, to the extent practicable, the program enables the transfer of knowledge and information--CommentsClose CommentsPermalink
`(A) about a variety of technologies; andCommentsClose CommentsPermalink
`(B) in a variety of geographic areas;CommentsClose CommentsPermalink
`(3) give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; andCommentsClose CommentsPermalink
`(4) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.CommentsClose CommentsPermalink
`(b) Activities- Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities:CommentsClose CommentsPermalink
`(1) Developing and distributing informational materials on technologies that could use energy more efficiently.CommentsClose CommentsPermalink
`(2) Carrying out demonstrations of advanced energy methods and technologies.CommentsClose CommentsPermalink
`(3) Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently.CommentsClose CommentsPermalink
`(4) Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users.CommentsClose CommentsPermalink
`(5) Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.CommentsClose CommentsPermalink
`(6) Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).CommentsClose CommentsPermalink
`(c) Application- A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum--CommentsClose CommentsPermalink
`(1) a description of the applicant's outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use;CommentsClose CommentsPermalink
`(2) a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities;CommentsClose CommentsPermalink
`(3) a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served;CommentsClose CommentsPermalink
`(4) an estimate of the number and types of energy end-users expected to be reached through such activities; andCommentsClose CommentsPermalink
`(5) a description of how the applicant will assess the success of the program.CommentsClose CommentsPermalink
`(d) Selection Criteria- The Secretary shall award grants under this section on the basis of the following criteria, at a minimum:CommentsClose CommentsPermalink
`(1) The ability of the applicant to carry out the proposed activities.CommentsClose CommentsPermalink
`(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.CommentsClose CommentsPermalink
`(3) The appropriateness of the applicant's outreach program for carrying out the program described in this section.CommentsClose CommentsPermalink
`(4) The likelihood that proposed activities could be expanded or used as a model for other areas.CommentsClose CommentsPermalink
`(e) Cost-Sharing- In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 988 for commercial application activities.CommentsClose CommentsPermalink
`(f) Duration-CommentsClose CommentsPermalink
`(1) INITIAL GRANT PERIOD- A grant awarded under this section shall be for a period of 5 years.CommentsClose CommentsPermalink
`(2) INITIAL EVALUATION- Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant.CommentsClose CommentsPermalink
`(3) ADDITIONAL EXTENSION- If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension.CommentsClose CommentsPermalink
`(4) LIMITATION- No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.CommentsClose CommentsPermalink
`(g) Prohibition- None of the funds awarded under this section may be used for the construction of facilities.CommentsClose CommentsPermalink
`(h) Definitions- For purposes of this section:CommentsClose CommentsPermalink
`(1) ADVANCED ENERGY METHODS AND TECHNOLOGIES- The term `advanced energy methods and technologies' means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use.CommentsClose CommentsPermalink
`(2) CENTER- The term `Center' means an Advanced Energy Technology Transfer Center established pursuant to this section.CommentsClose CommentsPermalink
`(3) DISTRIBUTED GENERATION- The term `distributed generation' means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production.CommentsClose CommentsPermalink
`(4) COOPERATIVE EXTENSION- The term `Cooperative Extension' means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914.CommentsClose CommentsPermalink
`(5) LAND-GRANT COLLEGES AND UNIVERSITIES- The term `land-grant colleges and universities' means--CommentsClose CommentsPermalink
`(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
));CommentsClose CommentsPermalink 7 U.S.C. 7601 `(B) 1890 Institutions (as defined in section 2 of that Act); andCommentsClose CommentsPermalink
`(C) 1994 Institutions (as defined in section 2 of that Act).CommentsClose CommentsPermalink
`(i) Authorization of Appropriations- In addition to amounts otherwise authorized to be appropriated in section 911, there are authorized to be appropriated for the program under this section such sums as may be appropriated.'.CommentsClose CommentsPermalink
(a) Authorization of Appropriations- Section 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (
`SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Secretary to carry out this Act $12,000,000 for each of the fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink
(b) Steel Project Priorities- Section 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (
) is amended--CommentsClose CommentsPermalink 15 U.S.C. 5103(c)(1)
(1) in subparagraph (H), by striking `coatings for sheet steels' and inserting `sheet and bar steels'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(K) The development of technologies which reduce greenhouse gas emissions.'.CommentsClose CommentsPermalink
(c) Conforming Amendments- The Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended--CommentsClose CommentsPermalink
(1) by striking section 7 (
); andCommentsClose CommentsPermalink 15 U.S.C. 5106 (2) in section 8 (
), by inserting `, beginning with fiscal year 2008,' after `close of each fiscal year'.CommentsClose CommentsPermalink 15 U.S.C. 5107
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
(a) Immigration and Growth- In recognition of the need to ensure uniform adherence to long-standing fundamental immigration policies of the United States, it is the intention of the Congress in enacting this subtitle--CommentsClose CommentsPermalink
(1) to ensure that effective border control procedures are implemented and observed, and that national security and homeland security issues are properly addressed, by extending the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (
(A) the orderly phasing-out of the nonresident contract worker program of the Commonwealth; andCommentsClose CommentsPermalink
(B) the orderly phasing-in of Federal responsibilities over immigration in the Commonwealth; andCommentsClose CommentsPermalink
(2) to minimize, to the greatest extent practicable, potential adverse economic and fiscal effects of phasing-out the Commonwealth's nonresident contract worker program and to maximize the Commonwealth's potential for future economic and business growth by--CommentsClose CommentsPermalink
(A) encouraging diversification and growth of the economy of the Commonwealth in accordance with fundamental values underlying Federal immigration policy;CommentsClose CommentsPermalink
(B) recognizing local self-government, as provided for in the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America through consultation with the Governor of the Commonwealth;CommentsClose CommentsPermalink
(C) assisting the Commonwealth in achieving a progressively higher standard of living for citizens of the Commonwealth through the provision of technical and other assistance;CommentsClose CommentsPermalink
(D) providing opportunities for individuals authorized to work in the United States, including citizens of the freely associated states; andCommentsClose CommentsPermalink
(E) providing a mechanism for the continued use of alien workers, to the extent those workers continue to be necessary to supplement the Commonwealth's resident workforce, and to protect those workers from the potential for abuse and exploitation.CommentsClose CommentsPermalink
(b) Avoiding Adverse Effects- In recognition of the Commonwealth's unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities, consistent with the mandates of this subtitle. This subtitle, and the amendments made by this subtitle, should be implemented wherever possible to expand tourism and economic development in the Commonwealth, including aiding prospective tourists in gaining access to the Commonwealth's memorials, beaches, parks, dive sites, and other points of interest.CommentsClose CommentsPermalink
(a) Amendment to Joint Resolution Approving Covenant Establishing Commonwealth of the Northern Mariana Islands- The Joint Resolution entitled `A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (
`SEC. 6. IMMIGRATION AND TRANSITION.
`(a) Application of the Immigration and Nationality Act and Establishment of a Transition Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraphs (2) and (3), effective on the first day of the first full month commencing 1 year after the date of enactment of the Consolidated Natural Resources Act of 2008 (hereafter referred to as the `transition program effective date'), the provisions of the `immigration laws' (as defined in section 101(a)(17) of the Immigration and Nationality Act (
)) shall apply to the Commonwealth of the Northern Mariana Islands (referred to in this section as the `Commonwealth'), except as otherwise provided in this section.CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(17) `(2) TRANSITION PERIOD- There shall be a transition period beginning on the transition program effective date and ending on December 31, 2014, except as provided in subsections (b) and (d), during which the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of the Interior, shall establish, administer, and enforce a transition program to regulate immigration to the Commonwealth, as provided in this section (hereafter referred to as the `transition program').CommentsClose CommentsPermalink
`(3) DELAY OF COMMENCEMENT OF TRANSITION PERIOD-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary of Homeland Security, in the Secretary's sole discretion, in consultation with the Secretary of the Interior, the Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of the Commonwealth, may determine that the transition program effective date be delayed for a period not to exceed more than 180 days after such date.CommentsClose CommentsPermalink
`(B) CONGRESSIONAL NOTIFICATION- The Secretary of Homeland Security shall notify the Congress of a determination under subparagraph (A) not later than 30 days prior to the transition program effective date.CommentsClose CommentsPermalink
`(C) CONGRESSIONAL REVIEW- A delay of the transition program effective date shall not take effect until 30 days after the date on which the notification under subparagraph (B) is made.CommentsClose CommentsPermalink
`(4) REQUIREMENT FOR REGULATIONS- The transition program shall be implemented pursuant to regulations to be promulgated, as appropriate, by the head of each agency or department of the United States having responsibilities under the transition program.CommentsClose CommentsPermalink
`(5) INTERAGENCY AGREEMENTS- The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, and the Secretary of the Interior shall negotiate and implement agreements among their agencies to identify and assign their respective duties so as to ensure timely and proper implementation of the provisions of this section. The agreements should address, at a minimum, procedures to ensure that Commonwealth employers have access to adequate labor, and that tourists, students, retirees, and other visitors have access to the Commonwealth without unnecessary delay or impediment. The agreements may also allocate funding between the respective agencies tasked with various responsibilities under this section.CommentsClose CommentsPermalink
`(6) CERTAIN EDUCATION FUNDING- In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (
) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition period. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities.CommentsClose CommentsPermalink 8 U.S.C. 1356(m) `(7) ASYLUM- Section 208 of the Immigration and Nationality Act (
) shall not apply during the transition period to persons physically present in the Commonwealth or arriving in the Commonwealth (whether or not at a designated port of arrival), including persons brought to the Commonwealth after having been interdicted in international or United States waters.CommentsClose CommentsPermalink 8 U.S.C. 1158 `(b) Numerical Limitations for Nonimmigrant Workers- An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (
) without counting against the numerical limitations set forth in section 214(g) of such Act ( 8 U.S.C. 1101(a)(15)(H) ). This subsection does not apply to any employment to be performed outside of Guam or the Commonwealth. Not later than 3 years following the transition program effective date, the Secretary of Homeland Security shall issue a report to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives projecting the number of asylum claims the Secretary anticipates following the termination of the transition period, the efforts the Secretary has made to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth.CommentsClose CommentsPermalink 8 U.S.C. 1184(g) `(c) Nonimmigrant Investor Visas-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding the treaty requirements in section 101(a)(15)(E) of the Immigration and Nationality Act (
), during the transition period, the Secretary of Homeland Security may, upon the application of an alien, classify an alien as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) if the alien--CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(15)(E)(ii)
`(A) has been admitted to the Commonwealth in long-term investor status under the immigration laws of the Commonwealth before the transition program effective date;CommentsClose CommentsPermalink
`(B) has continuously maintained residence in the Commonwealth under long-term investor status;CommentsClose CommentsPermalink
`(C) is otherwise admissible; andCommentsClose CommentsPermalink
`(D) maintains the investment or investments that formed the basis for such long-term investor status.CommentsClose CommentsPermalink
`(2) REQUIREMENT FOR REGULATIONS- Not later than 60 days before the transition program effective date, the Secretary of Homeland Security shall publish regulations in the Federal Register to implement this subsection.CommentsClose CommentsPermalink
`(d) Special Provision To Ensure Adequate Employment; Commonwealth Only Transitional Workers- An alien who is seeking to enter the Commonwealth as a nonimmigrant worker may be admitted to perform work during the transition period subject to the following requirements:CommentsClose CommentsPermalink
`(1) Such an alien shall be treated as a nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act (
), including the ability to apply, if otherwise eligible, for a change of nonimmigrant classification under section 248 of such Act ( 8 U.S.C. 1101(a)(15) ) or adjustment of status under this section and section 245 of such Act ( 8 U.S.C. 1258 ).CommentsClose CommentsPermalink 8 U.S.C. 1255 `(2) The Secretary of Homeland Security shall establish, administer, and enforce a system for allocating and determining the number, terms, and conditions of permits to be issued to prospective employers for each such nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act (
et seq.). In adopting and enforcing this system, the Secretary shall also consider, in good faith and not later than 30 days after receipt by the Secretary, any comments and advice submitted by the Governor of the Commonwealth. This system shall provide for a reduction in the allocation of permits for such workers on an annual basisto zero, during a period not to extend beyond December 31, 2014, unless extended pursuant to paragraph 5 of this subsection. In no event shall a permit be valid beyond the expiration of the transition period. This system may be based on any reasonable method and criteria determined by the Secretary of Homeland Security to promote the maximum use of, and to prevent adverse effects on wages and working conditions of, workers authorized to be employed in the United States, including lawfully admissible freely associated state citizen labor. No alien shall be granted nonimmigrant classification or a visa under this subsection unless the permit requirements established under this paragraph have been met.CommentsClose CommentsPermalink 8 U.S.C. 1101 `(3) The Secretary of Homeland Security shall set the conditions for admission of such an alien under the transition program, and the Secretary of State shall authorize the issuance of nonimmigrant visas for such an alien. Such a visa shall not be valid for admission to the United States, as defined in section 101(a)(38) of the Immigration and Nationality Act (
), except admission to the Commonwealth. An alien admitted to the Commonwealth on the basis of such a visa shall be permitted to engage in employment only as authorized pursuant to the transition program.CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(38) `(4) Such an alien shall be permitted to transfer between employers in the Commonwealth during the period of such alien's authorized stay therein, without permission of the employee's current or prior employer, within the alien's occupational category or another occupational category the Secretary of Homeland Security has found requires alien workers to supplement the resident workforce.CommentsClose CommentsPermalink
`(5)(A) Not later than 180 days prior to the expiration of the transition period, or any extension thereof, the Secretary of Labor, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Interior, and the Governor of the Commonwealth, shall ascertain the current and anticipated labor needs of the Commonwealth and determine whether an extension of up to 5 years of the provisions of this subsection is necessary to ensure an adequate number of workers will be available for legitimate businesses in the Commonwealth. For the purpose of this subparagraph, a business shall not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or local law. The determinations of whether a business is legitimate and to what extent, if any, it may require alien workers to supplement the resident workforce, shall be made by the Secretary of Homeland Security, in the Secretary's sole discretion.CommentsClose CommentsPermalink
`(B) If the Secretary of Labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, the Secretary of Labor may, through notice published in the Federal Register, provide for an additional extension period of up to 5 years.CommentsClose CommentsPermalink
`(C) In making the determination of whether alien workers are necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, and if so, the number of such workers that are necessary, the Secretary of Labor may consider, among other relevant factors--CommentsClose CommentsPermalink
`(i) government, industry, or independent workforce studies reporting on the need, or lack thereof, for alien workers in the Commonwealth's businesses;CommentsClose CommentsPermalink
`(ii) the unemployment rate of United States citizen workers residing in the Commonwealth;CommentsClose CommentsPermalink
`(iii) the unemployment rate of aliens in the Commonwealth who have been lawfully admitted for permanent residence;CommentsClose CommentsPermalink
`(iv) the number of unemployed alien workers in the Commonwealth;CommentsClose CommentsPermalink
`(v) any good faith efforts to locate, educate, train, or otherwise prepare United States citizen residents, lawful permanent residents, and unemployed alien workers already within the Commonwealth, to assume those jobs;CommentsClose CommentsPermalink
`(vi) any available evidence tending to show that United States citizen residents, lawful permanent residents, and unemployed alien workers already in the Commonwealth are not willing to accept jobs of the type offered;CommentsClose CommentsPermalink
`(vii) the extent to which admittance of alien workers will affect the compensation, benefits, and living standards of existing workers within those industries and other industries authorized to employ alien workers; andCommentsClose CommentsPermalink
`(viii) the prior use, if any, of alien workers to fill those industry jobs, and whether the industry requires alien workers to fill those jobs.CommentsClose CommentsPermalink
`(6) The Secretary of Homeland Security may authorize the admission of a spouse or minor child accompanying or following to join a worker admitted pursuant to this subsection.CommentsClose CommentsPermalink
`(e) Persons Lawfully Admitted Under the Commonwealth Immigration Law-CommentsClose CommentsPermalink
`(1) PROHIBITION ON REMOVAL-CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraph (B), no alien who is lawfully present in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be removed from the United States on the grounds that such alien's presence in the Commonwealth is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act (
), until the earlier of the date--CommentsClose CommentsPermalink 8 U.S.C. 1182(a)(6)(A)
`(i) of the completion of the period of the alien's admission under the immigration laws of the Commonwealth; orCommentsClose CommentsPermalink
`(ii) that is 2 years after the transition program effective date.CommentsClose CommentsPermalink
`(B) LIMITATIONS- Nothing in this subsection shall be construed to prevent or limit the removal under subparagraph 212(a)(6)(A) of the Immigration and Nationality Act (
) of such an alien at any time, if the alien entered the Commonwealth after the date of enactment of the Consolidated Natural Resources Act of 2008, and the Secretary of Homeland Security has determined that the Government of the Commonwealth has violated section 702(i) of the Consolidated Natural Resources Act of 2008.CommentsClose CommentsPermalink 8 U.S.C. 1182(a)(6)(A) `(2) EMPLOYMENT AUTHORIZATION- An alien who is lawfully present and authorized to be employed in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be considered authorized by the Secretary of Homeland Security to be employed in the Commonwealth until the earlier of the date--CommentsClose CommentsPermalink
`(A) of expiration of the alien's employment authorization under the immigration laws of the Commonwealth; orCommentsClose CommentsPermalink
`(B) that is 2 years after the transition program effective date.CommentsClose CommentsPermalink
`(3) REGISTRATION- The Secretary of Homeland Security may require any alien present in the Commonwealth on or after the transition period effective date to register with the Secretary in such a manner, and according to such schedule, as he may in his discretion require. Paragraphs (1) and (2) of this subsection shall not apply to any alien who fails to comply with such registration requirement. Notwithstanding any other law, the Government of the Commonwealth shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist the implementation of this paragraph or other provisions of the Consolidated Natural Resources Act of 2008. Nothing in this paragraph shall modify or limit section 262 of the Immigration and Nationality Act (
) or other provision of the Immigration and Nationality Act relating to the registration of aliens.CommentsClose CommentsPermalink 8 U.S.C. 1302 `(4) REMOVABLE ALIENS- Except as specifically provided in paragraph (1)(A) of this subsection, nothing in this subsection shall prohibit or limit the removal of any alien who is removable under the Immigration and Nationality Act.CommentsClose CommentsPermalink
`(5) PRIOR ORDERS OF REMOVAL- The Secretary of Homeland Security may execute any administratively final order of exclusion, deportation or removal issued under authority of the immigration laws of the United States before, on, or after the transition period effective date, or under authority of the immigration laws of the Commonwealth before the transition period effective date, upon any subject of such order found in the Commonwealth on or after the transition period effective date, regardless whether the alien has previously been removed from the United States or the Commonwealth pursuant to such order.CommentsClose CommentsPermalink
`(f) Effect on Other Laws- The provisions of this section and of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (
), shall, on the transition program effective date, supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(17) `(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the Immigration and Nationality Act- No time that an alien is present in the Commonwealth in violation of the immigration laws of the Commonwealth shall be counted for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (
).CommentsClose CommentsPermalink 8 U.S.C. 1182(a)(9)(B) `(h) Report on Nonresident Guestworker Population- The Secretary of the Interior, in consultation with the Secretary of Homeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after the date of enactment of the Consolidated Natural Resources Act of 2008. The report shall include--CommentsClose CommentsPermalink
`(1) the number of aliens residing in the Commonwealth;CommentsClose CommentsPermalink
`(2) a description of the legal status (under Federal law) of such aliens;CommentsClose CommentsPermalink
`(3) the number of years each alien has been residing in the Commonwealth;CommentsClose CommentsPermalink
`(4) the current and future requirements of the Commonwealth economy for an alien workforce; andCommentsClose CommentsPermalink
`(5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration and nationality laws of the United States.'.CommentsClose CommentsPermalink
(b) Waiver of Requirements for Nonimmigrant Visitors- The Immigration and Nationality Act (
et seq.) is amended--CommentsClose CommentsPermalink 8 U.S.C. 1101
(1) in section 214(a)(1) (
)--CommentsClose CommentsPermalink 8 U.S.C. 1184(a)(1)
(A) by striking `Guam' each place such term appears and inserting `Guam or the Commonwealth of the Northern Mariana Islands'; andCommentsClose CommentsPermalink
(B) by striking `fifteen' and inserting `45';CommentsClose CommentsPermalink
(2) in section 212(a)(7)(B) (
), by amending clause (iii) to read as follows:CommentsClose CommentsPermalink 8 U.S.C. 1182(a)(7)(B)
`(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).'; andCommentsClose CommentsPermalink
(3) by amending section 212(l) (
) to read as follows:CommentsClose CommentsPermalink 8 U.S.C. 1182(l) `(l) Guam and Northern Mariana Islands Visa Waiver Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in Guam or the Commonwealth of the Northern Mariana Islands for a period not to exceed 45 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands, determines that--CommentsClose CommentsPermalink
`(A) an adequate arrival and departure control system has been developed in Guam and the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink
`(B) such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths.CommentsClose CommentsPermalink
`(2) ALIEN WAIVER OF RIGHTS- An alien may not be provided a waiver under this subsection unless the alien has waived any right--CommentsClose CommentsPermalink
`(A) to review or appeal under this Act an immigration officer's determination as to the admissibility of the alien at the port of entry into Guam or the Commonwealth of the Northern Mariana Islands; orCommentsClose CommentsPermalink
`(B) to contest, other than on the basis of an application for withholding of removal under section 241(b)(3) of this Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action for removal of the alien.CommentsClose CommentsPermalink
`(3) REGULATIONS- All necessary regulations to implement this subsection shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 180th day after the date of enactment of the Consolidated Natural Resources Act of 2008. The promulgation of such regulations shall be considered a foreign affairs function for purposes of
. At a minimum, such regulations should include, but not necessarily be limited to--CommentsClose CommentsPermalink section 553(a) of title 5, United States Code
`(A) a listing of all countries whose nationals may obtain the waiver also provided by this subsection, except that such regulations shall provide for a listing of any country from which the Commonwealth has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding the date of enactment of the Consolidated Natural Resources Act of 2008, unless the Secretary of Homeland Security determines that such country's inclusion on such list would represent a threat to the welfare, safety, or security of the United States or its territories; andCommentsClose CommentsPermalink
`(B) any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors.CommentsClose CommentsPermalink
`(4) FACTORS- In determining whether to grant or continue providing the waiver under this subsection to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange.CommentsClose CommentsPermalink
`(5) SUSPENSION- The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to Guam and the Commonwealth of the Northern Mariana Islands under this subsection. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the Commonwealth of the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of Guam or the Commonwealth of the Northern Mariana Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this subsection. The Secretary of Homeland Security may in the Secretary's discretion suspend the Guam and Northern Mariana Islands visa waiver program at any time, on a country-by-country basis, for other good cause.CommentsClose CommentsPermalink
`(6) ADDITION OF COUNTRIES- The Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this subsection, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary's sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this subsection.'.CommentsClose CommentsPermalink
(c) Special Nonimmigrant Categories for Guam and the Commonwealth of the Northern Mariana Islands- The Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands (referred to in this subsection as `CNMI') may request that the Secretary of Homeland Security study the feasibility of creating additional Guam or CNMI-only nonimmigrant visas to the extent that existing nonimmigrant visa categories under the Immigration and Nationality Act do not provide for the type of visitor, the duration of allowable visit, or other circumstance. The Secretary of Homeland Security may review such a request, and, after consultation with the Secretary of State and the Secretary of the Interior, shall issue a report to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives with respect to the feasibility of creating those additional Guam or CNMI-only visa categories. Consideration of such additional Guam or CNMI-only visa categories may include, but are not limited to, special nonimmigrant statuses for investors, students, and retirees, but shall not include nonimmigrant status for the purpose of employment in Guam or the CNMI.CommentsClose CommentsPermalink
(d) Inspection of Persons Arriving From the Commonwealth of the Northern Mariana Islands; Guam and Northern Mariana Islands-Only Visas Not Valid for Entry Into Other Parts of the United States- Section 212(d)(7) of the Immigration and Nationality Act (
) is amended by inserting `the Commonwealth of the Northern Mariana Islands,' after `Guam,'.CommentsClose CommentsPermalink 8 U.S.C. 1182(d)(7) (e) Technical Assistance Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior, in consultation with the Governor of the Commonwealth, the Secretary of Labor, and the Secretary of Commerce, and as provided in the Interagency Agreements required to be negotiated under section 6(a)(4) of the Joint Resolution entitled `A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (
), as added by subsection (a), shall provide--CommentsClose CommentsPermalink Public Law 94-241
(A) technical assistance and other support to the Commonwealth to identify opportunities for, and encourage diversification and growth of, the economy of the Commonwealth;CommentsClose CommentsPermalink
(B) technical assistance, including assistance in recruiting, training, and hiring of workers, to assist employers in the Commonwealth in securing employees first from among United States citizens and nationals resident in the Commonwealth and if an adequate number of such workers are not available, from among legal permanent residents, including lawfully admissible citizens of the freely associated states; andCommentsClose CommentsPermalink
(C) technical assistance, including assistance to identify types of jobs needed, identify skills needed to fulfill such jobs, and assistance to Commonwealth educational entities to develop curricula for such job skills to include training teachers and students for such skills.CommentsClose CommentsPermalink
(2) CONSULTATION- In providing such technical assistance under paragraph (1), the Secretaries shall--CommentsClose CommentsPermalink
(A) consult with the Government of the Commonwealth, local businesses, regional banks, educational institutions, and other experts in the economy of the Commonwealth; andCommentsClose CommentsPermalink
(B) assist in the development and implementation of a process to identify opportunities for and encourage diversification and growth of the economy of the Commonwealth and to identify and encourage opportunities to meet the labor needs of the Commonwealth.CommentsClose CommentsPermalink
(3) COST-SHARING- For the provision of technical assistance or support under this paragraph (other than that required to pay the salaries and expenses of Federal personnel), the Secretary of the Interior shall require a non-Federal matching contribution of 10 percent.CommentsClose CommentsPermalink
(f) Operations-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- At any time on and after the date of enactment of this Act, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor may establish and maintain offices and other operations in the Commonwealth for the purpose of carrying out duties under--CommentsClose CommentsPermalink
(A) the Immigration and Nationality Act (
et seq.); andCommentsClose CommentsPermalink 8 U.S.C. 1101 (B) the transition program established under section 6 of the Joint Resolution entitled `A Joint Resolution to approve the `Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (
), as added by subsection (a).CommentsClose CommentsPermalink Public Law 94-241 (2) PERSONNEL- To the maximum extent practicable and consistent with the satisfactory performance of assigned duties under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and hire personnel from among qualified United States citizens and national applicants residing in the Commonwealth to serve as staff in carrying out operations described in paragraph (1).CommentsClose CommentsPermalink
(g) Conforming Amendments to
-CommentsClose CommentsPermalink Public Law 94-241
(1) AMENDMENTS-
is amended as follows:CommentsClose CommentsPermalink Public Law 94-241
(A) In section 503 of the covenant set forth in section 1, by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively.CommentsClose CommentsPermalink
(B) By striking section 506 of the covenant set forth in section 1.CommentsClose CommentsPermalink
(C) In section 703(b) of the covenant set forth in section 1, by striking `quarantine, passport, immigration and naturalization' and inserting `quarantine and passport'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the transition program effective date described in section 6 of
(as added by subsection (a)).CommentsClose CommentsPermalink Public Law 94-241 (h) Reports to Congress-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 1 of the first year that is at least 2 full years after the date of enactment of this subtitle, and annually thereafter, the President shall submit to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives a report that evaluates the overall effect of the transition program established under section 6 of the Joint Resolution entitled `A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (
), as added by subsection (a), and the Immigration and Nationality Act ( Public Law 94-241 et seq.) on the Commonwealth.CommentsClose CommentsPermalink 8 U.S.C. 1101 (2) CONTENTS- In addition to other topics otherwise required to be included under this subtitle or the amendments made by this subtitle, each report submitted under paragraph (1) shall include a description of the efforts that have been undertaken during the period covered by the report to diversify and strengthen the local economy of the Commonwealth, including efforts to promote the Commonwealth as a tourist destination. The report by the President shall include an estimate for the numbers of nonimmigrant workers described under section 101(a)(15)(H) of the Immigration and Nationality Act (
) necessary to avoid adverse economic effects in Guam and the Commonwealth.CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(15)(H) (3) GAO REPORT- The Government Accountability Office shall submit a report to the Congress not later than 2 years after the date of enactment of this Act, to include, at a minimum, the following items:CommentsClose CommentsPermalink
(A) An assessment of the implementation of this subtitle and the amendments made by this subtitle, including an assessment of the performance of Federal agencies and the Government of the Commonwealth in meeting congressional intent.CommentsClose CommentsPermalink
(B) An assessment of the short-term and long-term impacts of implementation of this subtitle and the amendments made by this subtitle on the economy of the Commonwealth, including its ability to obtain workers to supplement its resident workforce and to maintain access to its tourists and customers, and any effect on compliance with United States treaty obligations mandating non-refoulement for refugees.CommentsClose CommentsPermalink
(C) An assessment of the economic benefit of the investors `grandfathered' under subsection (c) of section 6 of the Joint Resolution entitled `A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (
), as added by subsection (a), and the Commonwealth's ability to attract new investors after the date of enactment of this Act.CommentsClose CommentsPermalink Public Law 94-241 (D) An assessment of the number of illegal aliens in the Commonwealth, including any Federal and Commonwealth efforts to locate and repatriate them.CommentsClose CommentsPermalink
(4) REPORTS BY THE LOCAL GOVERNMENT- The Governor of the Commonwealth may submit an annual report to the President on the implementation of this subtitle, and the amendments made by this subtitle, with recommendations for future changes. The President shall forward the Governor's report to the Congress with any Administration comment after an appropriate period of time for internal review, provided that nothing in this paragraph shall be construed to require the President to provide any legislative recommendation to the Congress.CommentsClose CommentsPermalink
(5) REPORT ON FEDERAL PERSONNEL AND RESOURCE REQUIREMENTS- Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, after consulting with the Secretary of the Interior and other departments and agencies as may be deemed necessary, shall submit a report to the Committee on Natural Resources, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives, and to the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate, on the current and planned levels of Transportation Security Administration, United States Customs and Border Protection, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, and United States Coast Guard personnel and resources necessary for fulfilling mission requirements on Guam and the Commonwealth in a manner comparable to the level provided at other similar ports of entry in the United States. In fulfilling this reporting requirement, the Secretary shall consider and anticipate the increased requirements due to the proposed realignment of military forces on Guam and in the Commonwealth and growth in the tourism sector.CommentsClose CommentsPermalink
(i) Required Actions Prior to Transition Program Effective Date- During the period beginning on the date of enactment of this Act and ending on the transition program effective date described in section 6 of
(as added by subsection (a)), the Government of the Commonwealth shall--CommentsClose CommentsPermalink Public Law 94-241
(1) not permit an increase in the total number of alien workers who are present in the Commonwealth as of the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) administer its nonrefoulement protection program--CommentsClose CommentsPermalink
(A) according to the terms and procedures set forth in the Memorandum of Agreement entered into between the Commonwealth of the Northern Mariana Islands and the United States Department of Interior, Office of Insular Affairs, executed on September 12, 2003 (which terms and procedures, including but not limited to funding by the Secretary of the Interior and performance by the Secretary of Homeland Security of the duties of `Protection Consultant' to the Commonwealth, shall have effect on and after the date of enactment of this Act), as well as CNMI
and the Immigration Regulations Establishing a Procedural Mechanism for Persons Requesting Protection from Refoulement; andCommentsClose CommentsPermalink Public Law 13-61 (B) so as not to remove or otherwise effect the involuntary return of any alien whom the Protection Consultant has determined to be eligible for protection from persecution or torture.CommentsClose CommentsPermalink
(j) Conforming Amendments to the Immigration and Nationality Act- The Immigration and Nationality Act (
et seq.) is amended--CommentsClose CommentsPermalink 8 U.S.C. 1101
(1) in section 101(a)(15)(D)(ii), by inserting `or the Commonwealth of the Northern Mariana Islands' after `Guam' each time such term appears;CommentsClose CommentsPermalink
(2) in section 101(a)(36), by striking `and the Virgin Islands of the United States' and inserting `the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands';CommentsClose CommentsPermalink
(3) in section 101(a)(38), by striking `and the Virgin Islands of the United States' and inserting `the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands';CommentsClose CommentsPermalink
(4) in section 208, by adding at the end the following:CommentsClose CommentsPermalink
`(e) Commonwealth of the Northern Mariana Islands- The provisions of this section and section 209(b) shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014.'; andCommentsClose CommentsPermalink
(5) in section 235(b)(1), by adding at the end the following:CommentsClose CommentsPermalink
`(G) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS- Nothing in this subsection shall be construed to authorize or require any person described in section 208(e) to be permitted to apply for asylum under section 208 at any time before January 1, 2014.'.CommentsClose CommentsPermalink
(k) Availability of Other Nonimmigrant Professionals- The requirements of section 212(m)(6)(B) of the Immigration and Nationality Act (
) shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands.CommentsClose CommentsPermalink 8 U.S.C. 1182(m)(6)(B)
There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.CommentsClose CommentsPermalink
(a) In General- Except as specifically provided in this section or otherwise in this subtitle, this subtitle and the amendments made by this subtitle shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Amendments to the Immigration and Nationality Act- The amendments to the Immigration and Nationality Act made by this subtitle, and other provisions of this subtitle applying the immigration laws (as defined in section 101(a)(17) of Immigration and Nationality Act (
(c) Construction- Nothing in this subtitle or the amendments made by this subtitle shall be construed to make any residence or presence in the Commonwealth before the transition program effective date described in section 6 of
Subtitle B--Northern Mariana Islands Delegate
The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (approved by
(a) Electors and Time of Election- The Delegate shall be elected--CommentsClose CommentsPermalink
(1) by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink
(2) at the Federal general election of 2008 and at such Federal general election every 2d year thereafter.CommentsClose CommentsPermalink
(b) Manner of Election-CommentsClose CommentsPermalink
(1) IN GENERAL- The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate.CommentsClose CommentsPermalink
(2) EFFECT OF ESTABLISHMENT OF PRIMARY ELECTIONS- Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held.CommentsClose CommentsPermalink
(c) Vacancy- In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified.CommentsClose CommentsPermalink
(d) Commencement of Term- The term of the Delegate shall commence on the 3d day of January following the date of the election.CommentsClose CommentsPermalink
To be eligible for the office of Delegate a candidate shall--CommentsClose CommentsPermalink
(1) be at least 25 years of age on the date of the election;CommentsClose CommentsPermalink
(2) have been a citizen of the United States for at least 7 years prior to the date of the election;CommentsClose CommentsPermalink
(3) be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election;CommentsClose CommentsPermalink
(4) be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; andCommentsClose CommentsPermalink
(5) not be, on the date of the election, a candidate for any other office.CommentsClose CommentsPermalink
Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this subtitle.CommentsClose CommentsPermalink
Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives.CommentsClose CommentsPermalink
No provision of this subtitle shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 711 except section 901 of the covenant.CommentsClose CommentsPermalink
For purposes of this subtitle, the term `Delegate' means the Resident Representative referred to in section 711.CommentsClose CommentsPermalink
(a) United States Military Academy-
(b) United States Naval Academy- Section 6954(a)(10) of such title is amended by striking `resident representative' and inserting `Delegate in Congress'.CommentsClose CommentsPermalink
(c) United States Air Force Academy- Section 9342(a)(10) of such title is amended by striking `resident representative' and inserting `Delegate in Congress'.CommentsClose CommentsPermalink
TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS
(a) In General- Section 101 of the Compact of Free Association Amendments Act of 2003 (
(1) in the first sentence of subsection (a), by inserting before the period at the end the following: `, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Federated States of Micronesia, as amended under the Agreement to Amend Article X that was signed by those two Governments on June 30, 2004, which shall serve as the authority to implement the provisions thereof'; andCommentsClose CommentsPermalink
(2) in the first sentence of subsection (b), by inserting before the period at the end the following: `, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Republic of the Marshall Islands, as amended under the Agreement to Amend Article X that was signed by those two Governments on June 18, 2004, which shall serve as the authority to implement the provisions thereof'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall be effective as of the date that is 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Unobligated amounts appropriated before the date of enactment of this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free Association Amendments Act of 2003 shall be available to both the United States Agency for International Development and the Federal Emergency Management Agency to facilitate each agency's activities under the Federal Programs and Services Agreements.CommentsClose CommentsPermalink
(a) In General- Section 105(f)(1)(A) of the Compact of Free Association Amendments Act of 2003 (
`(A) EMERGENCY AND DISASTER ASSISTANCE-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clause (ii), section 221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of the U.S.-RMI Compact shall each be construed and applied in accordance with the two Agreements to Amend Article X of the Federal Programs and Service Agreements signed on June 30, 2004, and on June 18, 2004, respectively, provided that all activities carried out by the United States Agency for International Development and the Federal Emergency Management Agency under Article X of the Federal Programs and Services Agreements may be carried out notwithstanding any other provision of law. In the sections referred to in this clause, the term `United States Agency for International Development, Office of Foreign Disaster Assistance' shall be construed to mean `the United States Agency for International Development'.CommentsClose CommentsPermalink
`(ii) DEFINITION OF WILL PROVIDE FUNDING- In the second sentence of paragraph 12 of each of the Agreements described in clause (i), the term `will provide funding' means will provide funding through a transfer of funds using Standard Form 1151 or a similar document or through an interagency, reimbursable agreement.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall be effective as of the date that is 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (
(1) in clause (ii)(II), by striking `and its territories' and inserting `, its territories, and the Republic of Palau';CommentsClose CommentsPermalink
(2) in clause (iii)(II), by striking `, or the Republic of the Marshall Islands' and inserting `, the Republic of the Marshall Islands, or the Republic of Palau'; andCommentsClose CommentsPermalink
(3) in clause (ix)--CommentsClose CommentsPermalink
(A) by striking `Republic' both places it appears and inserting `government, institutions, and people';CommentsClose CommentsPermalink
(B) by striking `2007' and inserting `2009'; andCommentsClose CommentsPermalink
(C) by striking `was' and inserting `were'.CommentsClose CommentsPermalink
Section 105(f)(1)(C) of the Compact of Free Association Amendments Act of 2003 (
(a) Title I-CommentsClose CommentsPermalink
(1) SECTION 177 AGREEMENT- Section 103(c)(1) of the Compact of Free Association Amendments Act of 2003 (
(2) INTERPRETATION AND UNITED STATES POLICY- Section 104 of the Compact of Free Association Amendments Act of 2003 (
(A) in subsection (b)(1), by inserting `the' before `U.S.-RMI Compact,';CommentsClose CommentsPermalink
(B) in subsection (e)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A) of paragraph (8), by striking `to include' and inserting `and include';CommentsClose CommentsPermalink
(ii) in paragraph (9)(A), by inserting a comma after `may'; andCommentsClose CommentsPermalink
(iii) in paragraph (10), by striking `related to service' and inserting `related to such services'; andCommentsClose CommentsPermalink
(C) in the first sentence of subsection (j), by inserting `the' before `Interior'.CommentsClose CommentsPermalink
(3) SUPPLEMENTAL PROVISIONS- Section 105(b)(1) of the Compact of Free Association Amendments Act of 2003 (
(b) Title II-CommentsClose CommentsPermalink
(1) U.S.-FSM COMPACT- The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia (as provided in section 201(a) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2757)) is amended--CommentsClose CommentsPermalink
(A) in section 174--CommentsClose CommentsPermalink
(i) in subsection (a), by striking `courts' and inserting `court'; andCommentsClose CommentsPermalink
(ii) in subsection (b)(2), by striking `the' before `November';CommentsClose CommentsPermalink
(B) in section 177(a), by striking `, or Palau' and inserting `(or Palau)';CommentsClose CommentsPermalink
(C) in section 179(b), by striking `amended Compact' and inserting `Compact, as amended,';CommentsClose CommentsPermalink
(D) in section 211--CommentsClose CommentsPermalink
(i) in the fourth sentence of subsection (a), by striking `Compact, as Amended, of Free Association' and inserting `Compact of Free Association, as amended';CommentsClose CommentsPermalink
(ii) in the fifth sentence of subsection (a), by striking `Trust Fund Agreement,' and inserting `Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia Implementing Section 215 and Section 216 of the Compact, as Amended, Regarding a Trust Fund (Trust Fund Agreement),';CommentsClose CommentsPermalink
(iii) in subsection (b)--CommentsClose CommentsPermalink
(I) in the first sentence, by striking `Government of the' before `Federated'; andCommentsClose CommentsPermalink
(II) in the second sentence, by striking `Sections 321 and 323 of the Compact of Free Association, as Amended' and inserting `Sections 211(b), 321, and 323 of the Compact of Free Association, as amended,'; andCommentsClose CommentsPermalink
(iv) in the last sentence of subsection (d), by inserting before the period at the end the following: `and the Federal Programs and Services Agreement referred to in section 231';CommentsClose CommentsPermalink
(E) in the first sentence of section 215(b), by striking `subsection(a)' and inserting `subsection (a)';CommentsClose CommentsPermalink
(F) in section 221--CommentsClose CommentsPermalink
(i) in subsection (a)(6), by inserting `(Federal Emergency Management Agency)' after `Homeland Security'; andCommentsClose CommentsPermalink
(ii) in the first sentence of subsection (c), by striking `agreements' and inserting `agreement';CommentsClose CommentsPermalink
(G) in the second sentence of section 222, by inserting `in' after `referred to';CommentsClose CommentsPermalink
(H) in the second sentence of section 232, by striking `sections 102 (c)' and all that follows through `January 14, 1986)' and inserting `section 102(b) of
(I) in the second sentence of section 252, by inserting `, as amended,' after `Compact';CommentsClose CommentsPermalink
(J) in the first sentence of the first undesignated paragraph of section 341, by striking `Section 141' and inserting `section 141';CommentsClose CommentsPermalink
(K) in section 342--CommentsClose CommentsPermalink
(i) in subsection (a), by striking `
(ii) in subsection (b)--CommentsClose CommentsPermalink
(I) by striking `
(II) by striking `
(L) in the third sentence of section 354(a), by striking `section 442 and 452' and inserting `sections 442 and 452';CommentsClose CommentsPermalink
(M) in section 461(h), by striking `Telecommunications' and inserting `Telecommunication';CommentsClose CommentsPermalink
(N) in section 462(b)(4), by striking `of Free Association' the second place it appears; andCommentsClose CommentsPermalink
(O) in section 463(b), by striking `Articles IV' and inserting `Article IV'.CommentsClose CommentsPermalink
(2) U.S.-RMI COMPACT- The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands (as provided in section 201(b) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2795)) is amended--CommentsClose CommentsPermalink
(A) in section 174(a), by striking `court' and inserting `courts';CommentsClose CommentsPermalink
(B) in section 177(a), by striking the comma before `(or Palau)';CommentsClose CommentsPermalink
(C) in section 179(b), by striking `amended Compact,' and inserting `Compact, as amended,';CommentsClose CommentsPermalink
(D) in section 211--CommentsClose CommentsPermalink
(i) in the fourth sentence of subsection (a), by striking `Compact, as Amended, of Free Association' and inserting `Compact of Free Association, as amended';CommentsClose CommentsPermalink
(ii) in the first sentence of subsection (b), by striking `Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Miliary Use and Operating Rights' and inserting `Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Republic of the Marshall Islands concluded Pursuant to Sections 321 and 323 of the Compact of Free Association, as Amended (Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Military Use and Operating Rights)'; andCommentsClose CommentsPermalink
(iii) in the last sentence of subsection (e), by inserting before the period at the end the following: `and the Federal Programs and Services Agreement referred to in section 231';CommentsClose CommentsPermalink
(E) in section 221(a)--CommentsClose CommentsPermalink
(i) in the matter preceding paragraph (1), by striking `Section 231' and inserting `section 231'; andCommentsClose CommentsPermalink
(ii) in paragraph (5), by inserting `(Federal Emergency Management Agency)' after `Homeland Security';CommentsClose CommentsPermalink
(F) in the second sentence of section 232, by striking `sections 103(m)' and all that follows through `(January 14, 1986)' and inserting `section 103(k) of
(G) in the first sentence of section 341, by striking `Section 141' and inserting `section 141';CommentsClose CommentsPermalink
(H) in section 342--CommentsClose CommentsPermalink
(i) in subsection (a), by striking `
(ii) in subsection (b)--CommentsClose CommentsPermalink
(I) by striking `
(II) by striking `
(I) in the third sentence of section 354(a), by striking `section 442 and 452' and inserting `sections 442 and 452';CommentsClose CommentsPermalink
(J) in the first sentence of section 443, by inserting `, as amended.' after `the Compact';CommentsClose CommentsPermalink
(K) in the matter preceding paragraph (1) of section 461(h)--CommentsClose CommentsPermalink
(i) by striking `1978' and inserting `1998'; andCommentsClose CommentsPermalink
(ii) by striking `Telecommunications' and inserting `Telecommunication Union'; andCommentsClose CommentsPermalink
(L) in section 463(b), by striking `Article' and inserting `Articles'.CommentsClose CommentsPermalink
The Government of the Republic of Palau may deposit the payment otherwise payable to the Government of the United States under section 111 of
(1) the earnings of the trust fund are expended solely for maintenance of the road system constructed pursuant to section 212 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (
(2) the trust fund is established and operated pursuant to an agreement entered into between the Government of the United States and the Government of the Republic of Palau.CommentsClose CommentsPermalink
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term `State' means `State, territory, or the District of Columbia'.CommentsClose CommentsPermalink
(a) Transfers by Grant- The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (
(1) TURKEY- To the Government of Turkey--CommentsClose CommentsPermalink
(A) the OLIVER HAZARD PERRY class guided missile frigates GEORGE PHILIP (FFG-12) and SIDES (FFG-14); andCommentsClose CommentsPermalink
(B) the OSPREY class minehunter coastal ship BLACKHAWK (MHC-58).CommentsClose CommentsPermalink
(2) LITHUANIA- To the Government of Lithuania, the OSPREY class minehunter coastal ships CORMORANT (MHC-57) and KINGFISHER (MHC-56).CommentsClose CommentsPermalink
(b) Transfers by Sale- The President is authorized to transfer vessels to foreign recipients on a sale basis under section 21 of the Arms Export Control Act (
(1) TAIWAN- To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (
(2) TURKEY- To the Government of Turkey, the OSPREY class minehunter coastal ship SHRIKE (MHC-62).CommentsClose CommentsPermalink
(c) Grants Not Counted in Annual Total of Transferred Excess Defense Articles- The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(d) Costs of Transfers- Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient.CommentsClose CommentsPermalink
(e) Repair and Refurbishment in United States Shipyards- To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed before the vessel joins the naval forces of the recipient performed at a shipyard located in the United States, including a United States Navy shipyard.CommentsClose CommentsPermalink
(f) Expiration of Authority- The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
Passed the Senate April 10, 2008.Attest:Secretary.
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
Top-Rated Comments
- “YES to CNMI federalization!!!” Anonymous
- “ <a href="http://vvcpsuvd.com">gdywrznt</a> [URL=http://anrraned.com]mz...” Anonymous
OC Blog Articles Related To This Bill
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
- SOPA/PIPA Dead ...For Now. Jan 20, 2012
- Help Us Whip #PIPA Jan 13, 2012
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012